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FORE:The rest of the Speech consisted of endeavours to represent the country as in a prosperous condition; to have escaped from insurrection by the vigilance of Ministers, and to have recovered the elasticity of commerce. No amendment was moved to the Address in either House, but not the less did the conduct of Ministers escape some animadversion. In the Peers, Lord Lansdowne ridiculed the alarms which had been raised regarding the movements in Derbyshire, which, he said, had not been at all participated in by the working population at large, and had been put down by eighteen dragoons. He contended that there was no evidence of any correspondence with these conspirators in other quarters; but this was notoriously incorrect, for there had been a correspondence in Lancashire and Yorkshire, a[132] correspondence especially disgraceful to Ministers, for it was on the part of their own incendiary agents. He observed truly, however, that the insurrection, as it was called, had by no means justified the suspension of the Habeas Corpus Act, for it could have been most readily put down without it by the regular course of law. In the Commons, Sir Samuel Romilly thought that the Derbyshire insurrectionists had been very properly brought to trial; for Brandreth had committed a murder, and, therefore, those who acted with him were, in the eye of the law, equally guilty. But if they were properly brought to trial, there were others who ought still more properly to have been brought to trial too��the very men whom Government had sent out, and who had aroused these poor people into insurrection by false and treacherous statements. There was no justice in trying and punishing the victims, and screening their own agents; and this was what Government had done, and were still doing. It is in vain, therefore, that their defenders contend that they gave no authority to Oliver and the other spies to excite the people to outbreak: these spies having notoriously done it, they still protected and rewarded them, and thus made themselves responsible for their whole guilt. If they had not authorised the worst part of the conduct of the spies, they now acted as though they had, and thus morally assumed the onus of these detestable proceedings. One thing immediately resulted from the p?ans of Ministers on the flourishing state of the country��the repeal of the Suspension Act. The Opposition at once declared that if the condition of the country was as Ministers described it, there could be no occasion for the continuance of this suppression of the Constitution; and accordingly a Bill for the repeal of the Suspension Act was at once brought in and passed by the Lords on the 28th, and by the Commons on the 29th of January.From economical and colonial, Ministers proceeded to Parliamentary reform. Sir Harbord Harbord had introduced, before their accession to office, a Bill to disfranchise the rotten borough of Cricklade, in Wiltshire, as Shoreham had already been disfranchised. The new Ministry supported it, with the exception of their strange colleague, Thurlow, whom they ought to have insisted on being dismissed. Cricklade was a thoroughly venal borough, regularly sold to some East Indian nabob; and Mr. Frederick Montagu, in the debate, quoted Lord Chatham's remark on Shoreham, which had also been the purchased lair of Indian corruptionists, that he "was glad to find the borough of Shoreham likely to be removed from Bengal to its ancient situation in the county of Sussex."

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FORE:The Bill was prepared by the judges, and afterwards remodelled and conducted through the Lords by Lord Chancellor Hardwicke. It provided that banns should be published for every marriage in the parish church for three successive Sundays; that no license to waive these banns should be granted to any minor without consent of the parent or guardian; and that special licenses, empowering the marriage to be celebrated at any time or place, should only be granted by the archbishop, and for a heavy sum. The Bill was opposed in the Lords by the Duke of Bedford, and in the Commons by Henry Fox, Mr. Nugent, Mr. Charles Townshend, and others. It was declared to be a scheme for keeping together the wealth of the country in the hands of a few grasping and ambitious families. Townshend denounced it as intended to shut younger sons out of all chance of raising themselves by marriage. Henry Fox had benefited especially by the looseness of the old marriage law, for he had run away with Lady Caroline Lennox, the eldest daughter of the Duke of Richmond. He was especially severe on Lord Hardwicke, accusing him of seeking by the Bill to throw more power into the hands of the Lord Chancellor, and Hardwicke retorted with still greater acrimony. The Bill passed, and there was a strong inclination to extend its operation to Scotland, but the Scottish lawyers and representative peers defeated this attempt.

THREE:Wurmser advanced down the valley of Trent with fifty thousand men, whose number was increased, by the remains of the army of Beaulieu, to sixty thousand. With such a force well conducted, the Austrians might have worsted Buonaparte, whose troops were not more than forty-five thousand, and already greatly harassed by rapid marches. But there was no comparison between the genius of the commanders. The conduct of the Austrians was a series of fatal blunders. Had the Archduke Charles been there it might have been different; but the first thing which Wurmser did was to weaken himself by dividing his forces, and sending one detachment under Quasdanowich along the western shore of the Lake of Garda, and marching along the eastern bank himself with the other. The quick eye of Buonaparte instantly saw his advantage; neither of the divisions was now equal to his own, and he beat them both in detail. He raised the blockade of Mantua, defeated Quasdanowich at Lonato, chased him back into the mountains, and then engaged and routed him twice near Castiglione, on the 3rd and 5th of August. Wurmser had to make a hasty retreat into the mountains, leaving behind his artillery and many thousand men slain. Buonaparte pursued him into the very gorges of the Tyrol, and inflicted fresh losses upon him. The sturdy but not very bright old Austrian, however, made a detour in the hills, and again issued on the plains[454] from the valley of the Brenta. With remarkable address and agility for him, he made his way to Mantua, and threw himself into the fortress with the wretched remains of his army, about eighteen thousand men.Before this, however, the financial statement for the year had been made, and for awhile the Corn Law question was suspended for the country to recover from its astonishment at finding in the Minister of the Conservative party one of the boldest reformers of our tariff who had ever occupied the Ministerial benches. But yesterday his position had appeared one of the greatest difficulty, in which a cautious hold upon the established sources of revenue, with some well-balanced proposals for additional taxes, was all that could be expected. He had not the good fortune of Mr. Goulburn or Lord Althorp in having a surplus to dispose of. The Whig Government had bequeathed to their successors a deficit, which had been increasing from year to year, with a revenue falling off even in the face of new taxes. How[488] was the deficit to be met was the question which filled the mouths of public men; a question which was answered by the famous financial statement of Sir Robert Peel on the 11th of March. After showing that the deficiency for the coming year would be little short of ��2,500,000, and that this deficiency might be expected to be considerably augmented by the position of affairs in India and China, the Minister declared that he would not consent to resort to the miserable expedient of continual loans. He declared that he would not attempt to impose burdens upon the labouring classes, and that if he did, recent experience had shown that they would be defeated. In fact, the country had arrived at the limits of taxation upon articles of consumption. After ridiculing the various suggestions of people who were constantly sending him projects for taxes on pianofortes, umbrellas, and other articles, accompanied with claims of very large percentages upon the proceeds, he acknowledged the principle laid down by financiers that increased revenue may be obtained by taking off the taxes which pressed upon industry, but declared that the first effect was always a diminution in revenue, and that time was found necessary to restore the amount. In these circumstances, he stated what the measure was which, under a deep conviction of its necessity, he was prepared to propose, and which, he was persuaded, would benefit the country, not only in her pecuniary interests, but in her security and character. His scheme was this: he proposed, for a period to be limited, an income tax of not more than 3 per cent., from which he would exempt all incomes under ��150, and in which he would include not only landed but funded property. Sir Robert Peel calculated that the tax would yield ��3,350,000 a year, a sum which, with an addition to the spirit duties in Ireland, and an export duty of 4s. on coals, would not only cover the existing deficiency, but enable him to remit indirect taxes to the amount of ��1,200,000. The sliding scale had brought little credit to the Minister, and the income tax was in its nature an unpopular measure; but the proposal to reduce the custom duties on 750 out of the 1,200 articles in the tariff��to remove prohibitions altogether (in itself a vast concession to Free Trade doctrines)��to reduce the duties on raw materials of manufactures to five per cent. or less��to keep the duties on articles partially manufactured under twelve per cent., and on articles wholly manufactured under twenty per cent., was a scheme which excited general admiration. The measure was, indeed, contested by the Whig Opposition at every stage. The preliminary resolutions were debated for eight nights. There were many of Sir Robert Peel's old supporters who looked on the financial plan with distrust, as being founded, in a great measure, avowedly on those principles of political economy which they had been accustomed to sneer at; but, in truth, it was not unfavourable to the interests of their party. We have already seen that the new tax��at least, if a temporary one��was calculated to impose a far greater burden upon the manufacturing and moneyed class than upon the landowners; in fact, by exempting incomes under ��150 a year, and assessing land only upon its net rental, the burden was imposed almost entirely upon that middle class which was the especial object of the dislike of Tories of the more advanced kind. At the same time, by cheapening articles of general consumption, the Minister did something towards securing popularity among the working classes, who, as exemplified in the Chartist agitation, were not always disposed to take part against the landowners. The Income Tax Bill passed, after considerable opposition in the Commons. An amendment proposed by Lord John Russell was rejected by a vote of 302 to 202, and another amendment, proposing the reading of the Bill on that day six months, having been thrown out on the 18th of April by a vote of 285 to 188, the third reading was carried by a majority of 130 on the 30th of May. No debate took place in the Lords until the third reading, when the Bill passed by a majority of 71.
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THREE:Lord Grey moved that it should be referred to the judges to determine whether adultery committed out of the country with a foreigner amounted to high treason. The motion was carried. The judges retired, and, after an absence of twenty minutes, returned, with their decision announced by Chief Justice Abbott, which was, that the crime in question was not punishable as high treason, under the Statute of Edward III. Counsel on both sides were admitted; Brougham and Denman, for the queen, sitting on the right of the bar, and the Attorney- and Solicitor-General on the left. Mr. Brougham prayed to be heard against the principle of the Bill. Permission was granted, and he addressed their lordships in a strain of impressive eloquence, demonstrating that the mode of proceeding now adopted was in the highest degree unjust to his illustrious client. He concluded by imploring their lordships to retrace their steps, and thus become the saviours of their country.In January, 1812, Government made another attempt to punish the Catholic delegates, and they obtained a verdict against one of them, Thomas Kirwan; but such was the public feeling, that they did no more than fine him one mark, and discharge him. They also abandoned other contemplated prosecutions. The Catholic committee met, according to appointment, on the 28th of February, addressed the Prince Regent, and then separated. The usual motions for Catholic Emancipation were introduced into both Houses of Parliament, and by both were rejected. It was the settled policy of this Ministry not to listen to the subject, though the Marquis Wellesley, Canning, and others now admitted that the matter must be conceded. The assassination of Mr. Perceval, on the 11th of May, it was hoped, would break up that Ministry, but it was continued, with Lord Liverpool at its head. Though Lord Wellesley this year brought forward the motion in the Lords, and Canning in the Commons, both Houses rejected it, but the Lords by a majority of only one. The question continued to be annually agitated in Parliament during this reign, from the year 1814, with less apparent success than before, Ireland was in a very dislocated state with the Orangemen and Ribbonmen, and other illegal associations and contentions between Catholics and Protestants, and this acted very detrimentally on the question in England. Only one little victory was obtained in favour of the Catholics. This was, in 1813, the granting to Catholics in England of the benefit of the Act passed in Ireland, the 33 George III., repealing the 21 Charles II. And thus the Catholics were left, after all their exertions, at the death of the old king.
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THREE:Parliament was prorogued on the 31st of May, 1826, and two days afterwards dissolved. It had nearly run its course. It was the sixth Session, which had been abridged with a view of getting through the general election at a convenient season. But though short, the Session had much work to show of one kind or another, including some useful legislation. The Parliamentary papers printed occupied twenty-nine folio volumes, exclusive of the journals and votes. The Parliament whose existence was now terminated had, indeed, effected the most important changes in the policy of Great Britain, foreign and domestic. Mr. Canning had severed the connection, unnatural as it was damaging, between England and the Holy Alliance. The Government of the freest country in the world, presenting almost the only example of a constitution in which the power of the people was represented, was no longer to be associated in the councils of a conclave of despots; and this change of direction in its foreign policy was cordially adopted by the House of Commons and by the nation. Another great and vital change in national policy was the partial admission of the principles of Free Trade, which the Tories regarded, not without reason, as effecting a complete revolution, which extended its influence to the whole legislation and government.Better to die than wed:
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THREE:
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THREE:On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Bills��one to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.CHAPTER XVI. THE REIGN OF VICTORIA (continued).
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THREE:Burke proceeded amidst constant interruption to review the many scenes and debates in which Fox and himself had acted, as well as those on which they had differed, especially their difference of opinion on the Royal Marriage Act; but no difference of opinion had ever before affected their friendship. He alluded to his own long services and his grey hairs, and said that it was certainly an indiscretion, at his time of life, to provoke enemies, or induce his friends to desert him; but that, if his firm and steady adherence to the British Constitution placed him in that dilemma, he would risk all, and, as public duty required, with his last breath exclaim, "Fly from the French Constitution!" Here Fox whispered that there was no loss of friends; that there could be no loss of friendship between them; but Burke said��"Yes, there was a loss of friends: he knew the penalty of his conduct; he had done his duty at the price of his friends��there was an end of their friendship." It was some time before Fox could answer; he was completely overcome by his emotion; and it was only after a free flow of tears that he could proceed. He then said: "Painful as it was to listen to such sentiments as those just delivered by one to whom he owed so many obligations, he could never forget that, when little more than a boy, he had been in the habit of receiving instructions and favours from his right honourable friend. Their friendship had grown with their life; it had continued for upwards of five-and-twenty years; and he hoped, notwithstanding what had happened that day, that his right honourable friend would think on past times, and would give him credit for not intending anything unkind. It was quite true that they had before now differed on many subjects, without lessening their friendship, and why should they not now differ on the French Revolution without a severance of friendship? He could not help feeling that the conduct of his right honourable friend tended to fix upon him the charge of Republican principles, whereas he was far from entertaining such principles. His friend had heaped very ignominious terms upon him that day." Here Burke said aloud, he did not recollect having used such terms; and Fox promptly observed that "if his friend did not recollect those epithets��if they are out of his mind, then they were for ever out of his mind, too; they were obliterated and forgotten." He then denied that there was any marshalling of a party on this subject; that not one gentleman who had risen to call his right honourable friend to order had done it by his desire; on the contrary, he had entreated his friends not to interrupt him. After again dwelling for some time on the merits of the French Revolution, he once more lamented the breach in the unanimity of his friend and[380] himself, and said he would keep out of the way of his right honourable friend till he had time to reflect and think differently, and that their common friends might bring them together again; that he would endeavour to discuss the question on some future day, with all calmness, if his friend wished, but for the present he had said all that he desired to say.
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