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The feeling of humanity that gained ground among the masses powerfully affected the middle classes. The consequence was that the state of public feeling produced by the practical inculcation of Christianity and the diffusion of knowledge compelled our legislature to change its system, despite the obstinate resistance of Lords Eldon and Ellenborough, hardened by a long official familiarity with the destructive operation of legal cruelty. How fearful the amount of that destruction was we may infer from the calculation of Mr. Redgrave, of the Home Office, who stated that had the offences tried in 1841 been tried under the laws of 1831, the eighty capital sentences would have been increased to 2,172. Mr. Redgrave gave the following succinct history of the mitigation of the criminal code during the reigns of George IV. and William IV., in a series of enactments which were extorted from a reluctant Legislature by society, humanised through the education of the masses:In 1826, 1827, and 1828 Sir Robert Peel carried several very important Bills for the consolidation and amendment of the criminal laws, but these Bills did not abolish capital punishments. That statesman, indeed, made it a matter of boast that he did not constitute any new capital felonies, and pointed out an instance in which he had abated the capital punishment by increasing from 40s. to 5, the sum of which the theft in a dwelling-house constituted a capital offence, and by widening the technical description of a dwelling. In 1830 Sir Robert Peel brought in his Forgery Bill, and petitions were poured into the House from all quarters against the re-enactment of the severe penalties for this offence. Sir James Mackintosh again took up the subject, and moved that the capital punishment be struck out from the Bill. He was unsuccessful; but in the last stage of the measure Mr. Spring-Rice was enabled to defeat the Ministry by a majority of 151 to 138, and to remove the sentence of death from the Bill. It was, however, restored by the Lords, and the Bill, as altered, was suffered to pass the House of Commons at the end of the Session. In 1832 two most important Bills for abolishing capital punishments were passed. Mr. Ewart, assisted by the Government, was able to carry a Bill abolishing the punishment of death in cases of horse, sheep, and cattle stealing, and larceny in a dwelling-house. He was opposed by Sir Robert Peel, and an amendment was made in the Lords, subjecting these offences to the fixed penalty of transportation for life. At the same time, Ministers brought in a Bill for abolishing capital punishment in cases of forgery. The Bill was introduced into the Commons by the Attorney-General, and into the House of Lords by the Lord Chancellor. It passed into law, but an amendment was made in the House of Lords, under protest of the Lord Chancellor, exempting the forgery of wills and powers of attorney to transfer stock, which offences were left capital. In 1833 Mr. Leonard carried his Bill for abolishing capital punishment for housebreaking, executions for which offence were continued down to 1830. In 1834 Mr. Ewart carried a Bill for abolishing capital punishment for returning from transportation, and in the following year for sacrilege and letter-stealing. This was the state of the criminal law when Lord John Russell brought in Bills for its mitigation, founded on the report of a committee which Government had appointed. The little progress which Sir S. Romilly and Sir J. Mackintosh had made in opposition to the Governments of their day will be seen by the foregoing sketch, as well as the extensive and salutary changes which followed. Lord John Russell's Bills effected an extensive abolition of the sentence of death, and a mitigation of the secondary punishments. He was enabled to abolish capital punishments in all cases but murder and attempts to murder where dangerous bodily injuries were effected; burglary and robbery when attended with violence or wounds; arson of dwelling-houses where life was endangered; and six other offences of[427] very rare occurrence. The number of capital convictions in 1829 was 1,385; and in 1834, three years after the extensive abolition of capital punishments, the number was reduced to 480.

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Here, had the Government been wise, they would have stopped; but they were not contented without experiencing a third defeat. The next morning, the 20th of December, they returned to the charge with an indictment against Mr. Hone for publishing a parody on the Athanasian Creed, called "The Sinecurist's Creed." The old Chief Justice was again on the bench, apparently as resolved as ever, and this time the defendant, on entering the court, appeared pale and exhausted, as he well might, for he had put forth exertions and powers of mind which had astonished the whole country and excited the deepest interest. The Attorney-General humanely offered to postpone the trial, but the defendant preferred to go on. He only begged for a few minutes' delay to enable him to put down a few notes on the Attorney-General's address after that was delivered; but the Chief Justice would not allow him this trifling favour, but said, if the defendant would make a formal request for the purpose, he would put off the trial for a day. This would have injured the cause of the defendant, by making it appear that he was in some degree worsted, and, fatigued as he was, he replied, promptly, "No! I make no such request." William Hone, on this third trial, once more seemed to forget his past fatigues, and rose with a strength that completely cowed the old and fiery judge. He did not desist till he had converted his dictatorial manner into a suppliant one. After quoting many eminent Churchmen as dissentients from the Athanasian Creed, and amongst them Warburton and Tillotson, he added, "Even his lordship's father, the Bishop of Carlisle, he believed, took a similar view of this creed." This was coming too near; and the judge said, "Whatever that opinion was, he has gone, many years ago, where he has had to account for his belief and his opinions. For common delicacy, forbear." "O, my lord," replied the satisfied defendant, "I shall certainly forbear." The judge had profited by the lesson to-day: he gave a much more temperate charge to the jury, and they required only twenty minutes to return the third and final victory of Not Guilty. Never had this arbitrary Government suffered so withering a defeat. The sensation throughout the country was immense. The very next day Lord Ellenborough sent in his announcement of retiring from[131] the bench, and in a very short time he retired from this world altogether (December 13, 1818), it being a settled conviction of the public mind that the mortification of such a putting-down, by a man whom he rose from his sick-bed to extinguish, tended materially to hasten that departure.
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ONE:"To call Parliament together on the 27th instant, to ask for indemnity and a sanction of the order by law.
ONE:To any one viewing the situation of Buonaparte at this moment, it can appear nothing but an act of madness to invade Russia. The British, in Spain, were now defeating his best generals, and this would at an earlier period have caused him to hasten to that country and endeavour to settle the war in person. It is remarkable that he was not desirous to cope with Wellington himself, all his ablest generals having failed. But to leave such an enemy in his rear when he proceeded to the North, impresses us with the idea that his enormous success had now turned his head, and that the term of his career had been reached. Besides Spain, too, there were Prussia and Austria, with whom it was only politic to enter into some terms of security; for assuredly, if his arms suffered a reverse in Russia, all these would rise and join his enemies.
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TWO:But meanwhile in Italy the French had been completely successful. Buonaparte reached the French headquarters at Nice on the 26th of March, and immediately set himself to organise and inspirit the forces, which were in great disorder; he found the commissariat also in a deplorable condition. The troops amounted to fifty thousand; the Austrians, under the veteran General Beaulieu, to considerably more. The united army of the Sardinians and Austrians, Beaulieu on the left, d'Argenteau in the centre, and Colli with the Piedmontese division on the right, hastened to descend from the Apennines, to which they had retreated at the end of the last campaign. Beaulieu met the French advanced guard at Voltri, near Genoa, on the 11th of April, and drove it back. But d'Argenteau had been stopped in the mountains by the resistance of a body of French, who occupied the old redoubt of Montenotte. Buonaparte, apprised of this, hurried up additional forces to that point, and defeated d'Argenteau before Beaulieu or Colli could succour him. Having now divided the army of the Allies, Buonaparte defeated a strong body of Austrians under General Wukassowich; and having left Colli and the Piedmontese isolated from their Allies, debouched by the valley of Bormida into the plains of Piedmont. Beaulieu retreated to the Po, to stop the way to Milan; and Buonaparte, relieved of his presence, turned against Colli, who was compelled to retreat to Carignano, near Turin. Trembling for his capital, and with his means exhausted, Victor Amadeus made overtures for peace, which were accepted; the terms being the surrender of all the Piedmontese fortresses and the passes of the Alps into the hands of the French, and the perpetual alienation of Nice and Savoy. This humiliation broke the heart of the poor old king, who died on the 16th of October. Buonaparte, however, did not wait for the conclusion of this peace; the truce being signed, he hastened on after Beaulieu whom he defeated and drove across the Po. Beaulieu next posted himself at Lodi, on the Adda; but Buonaparte, after a fierce contest, drove him from the bridge over the Adda on the 10th of May, and with little further opposition pursued him to Milan. Beaulieu still retreated, and threw himself into the fastnesses of the Tyrol. On the 15th Buonaparte made a triumphal entry into Milan, and immediately sent troops to blockade Mantua. Buonaparte then advanced into the Papal States, rifling the Monti de Piet at Bologna and Ferrara. Everywhere contributions were demanded at the point of the bayonet, and French authorities superseded the native ones. Pius VI. made haste to sue for peace, and it was granted on the most exorbitant terms. Fifteen millions of francs must be paid down in cash, six millions in horses and other requisites for the army. A great number of paintings and statues were to be selected from the galleries of art, and five hundred manuscripts from the library of the Vatican. The provinces of Ferrara and Bologna must be ceded; the port and citadel of Ancona, and all the Papal ports, must be closed against the British. This most costly peace was signed on the 23rd of June, and Buonaparte hastened northward to stop the advance of the army of Wurmser, which had been sent through the Tyrol to compete with the rising Corsican.

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THREE:Samuel Taylor Coleridge (b. 1772; d. 1834) published his earliest poems in association with his friends, Wordsworth, Charles Lloyd, and Charles Lamb. But his contributions, especially of the "Ancient Mariner," soon pointed them out as belonging to a genius very different. In his compositions there is a wide variety, some of them being striking from their wild and mysterious nature, some for their elevation of both spirit and language, and others for their deep tone of feeling. His "Genevive," his "Christabel," his "Ancient Mariner," and his "Hymn in the Vale of Chamouni," are themselves the sufficient testimonies of a great master. In some of his blank verse compositions the tone is as independently bold as the sentiments are philosophical and humane. Besides his own poetry, Coleridge translated part of Schiller's "Wallenstein," and[187] was the author of several prose works of a high philosophical character. Southey was as different from Coleridge in the nature of his poetical productions as Coleridge was from Wordsworth. In his earliest poems he displayed a strong resentment against the abuses of society; he condemned war in his poem on "Blenheim," and expressed himself unsparingly on the treatment of the poor. His "Botany Bay Eclogues" are particularly in this vein. But he changed all that, and became one of the most zealous defenders of things as they are. His smaller poems are, after all, the best things which he wrote; his great epics of "Madoc," "Roderick, the Last of the Goths," "The Curse of Kehama," and "Thalaba," now finding few readers. Yet there are parts of them that must always charm.On the 5th of February General Pollock reached Peshawur, and found the troops under Brigadier Wild for the most part sick and disorganised. His first care was to restore the morale of the troops. Even the officers had yielded to an unworthy panic. Some of them openly declared against another attempt to force the Khyber Pass, and one said he would do his best to dissuade every sepoy of his corps from entering it again. Owing to this state of things, Pollock was compelled to remain inactive through the months of February and March, though the eyes of all India were turned upon him, and the most urgent letters reached him from Sale and M'Gregor to hasten to their relief. But the general was resolved not to risk another failure, and his duty was to wait patiently till the health, spirits, and discipline of the troops were restored, and until fresh regiments arrived.

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TWO:The case against the queen closed on the 7th of September. An adjournment took place to allow time for the preparation of her defence, which was opened on the 3rd of October by Mr. Brougham, in a magnificent oration, justly celebrated as one of the finest specimens of British forensic eloquence. It concluded as follows:

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THREE:On the withdrawal of Melville, Whitbread moved for his impeachment, and Mr. Bond for his prosecution in the ordinary courts of law, and this amendment was carried. But Melville preferred impeachment to a trial at common law. Mr. Bond was induced to withhold any further procedure in consequence of his motion, and Mr. Leycester, one of Melville's friends, made a fresh motion for impeachment, which was carried, and on the 26th of June Whitbread, accompanied by a great number of members, impeached him at the bar of the House of Lords. A Bill was also passed through both Houses regulating the course of his impeachment. The impeachment itself, owing to very important events, including the death of Pitt, was not proceeded with till April, 1806. On the 10th of July Lord Sidmouth and the Earl of Buckinghamshire resigned. It was supposed that difference of opinion regarding Lord Melville's case was the cause, and the surmise was correct, Addington taking strong exception to the appointment of Sir Charles Middleton, a very old man, to succeed Melville. Lord Camden succeeded Sidmouth, and Lord Harrowby Lord Buckinghamshire. Castlereagh obtained Camden's post of Secretary of Colonial Affairs. This secession weakened Pitt's Ministry considerably. On the 12th of July Parliament was prorogued, but a message was sent down to the House to enable his Majesty to carry out some arrangements in the north of Europe, which were necessary for the security and independence of Britain, and a sum, in addition to the large supplies already granted, was voted, which was not to exceed three millions and a half.
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THREE:[See larger version]Mr. Canning had been offered the Governor-Generalship of India. Before his departure, he was resolved, if possible, to make a breach in the system of Parliamentary exclusiveness. On the 29th of March he gave notice of a motion to bring in a Bill for the admission of Roman Catholic peers to seats in Parliament, and on the following day supported it by a speech of great power of argument and brilliant eloquence, illustrating his position very happily from the case of the Duke of Norfolk, and his official connection with the ceremonial of the coronation. He asked, "Did it ever occur to the representatives of Europe, when contemplating this animating spectacledid it occur to the ambassadors of Catholic Austria, of Catholic France, or of states more bigoted in matters of religionthat the moment this ceremony was over the Duke of Norfolk would become disseized of the exercise of his privileges amongst his fellow peers?that his robes of ceremony were to be laid aside and hung up until the distant (be it a very distant!) day when the coronation of a successor to his present most gracious Sovereign might again call him forth to assist at a similar solemnisation?that, after being thus exhibited to the eyes of the peers and people of England, and to the representatives of the princes and nations of the world, the Duke of Norfolkhighest in rank amongst the peersthe Lord Clifford, and others like him, representing a long line of illustrious ancestry, as if called forth and furnished for the occasion, like the lustres and banners that flamed and glittered in the scene, were to be, like them, thrown by as useless and trumpery formalities?that they might bend the knee and kiss the hand, that they might bear the train or rear the canopy, might discharge the offices assigned by Roman pride to their barbarian ancestors
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THREE:ARREST OF MAJOR ANDR. (See p. 278.)
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TWO:Before the proclamation of the new king the Council had met, and, according to the Regency Act, and an instrument signed by the king and produced by Herr Kreyenberg, the Hanoverian resident, nominated the persons who were to act till the king's arrival. They consisted of the seven great officers of State and a number of the peers. The whole was found to include eighteen of the principal noblemen, nearly all of the Whig party, as the Dukes of Shrewsbury, Somerset, and Argyll; the Lords Cowper, Halifax,[25] and Townshend. It was noticed, however, that neither Marlborough, Sunderland, nor Somers was of the number; nor ought this to have excited any surprise, when it was recollected that the list was drawn out in 1705, though only signed just before the queen's death. These noblemen belonged to that junto under whose thraldom Anne had so long groaned. The omission, however, greatly incensed Marlborough and Sunderland.

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