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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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The Allies now determined to close in on all sides, and compel the French to a surrender. But Buonaparte, after some man?uvres to bring Blucher to actionthat general and the Crown Prince of Sweden having crossed to the left bank of the Elbefound it at length necessary to retreat to Leipsic. He reached that city on the 15th of October, and learned, to his great satisfaction, that whilst his whole force would be under its walls within twenty-four hours, the Austrians were advancing considerably ahead of the Prussians; and he flattered himself that he should be able to beat the Austrians before the other Allies could reach them.In England there had been a coalition of what was called the Portland section of the Whigs, with Pitt's Ministry. These Whigs had not only separated from Fox and his friends, but they had, from the first outbreak of the French Revolution, followed the lead of Burke and supported all Pitt's measures. The Duke of Portland, therefore, was, in July, made Third Secretary of State; Lord Fitzwilliam, President of the Council, and, in December, Lord-Lieutenant of Ireland; Earl Spencer was made, at the same time, Lord Privy Seal, and, in December, First Lord of the Admiralty; Pitt's elder brother, Lord Chatham, being removed for him, and made Privy Seal; and Windham became Secretary of War in place of Sir George Yonge.This being done, Mr. Vyner suggested that the physicians should rather be examined by the House itself, a proposal supported by Fox. Pitt[344] replied that this was a matter requiring much delicacy, and that the opinions of the physicians before the Council being on oath, he imagined that they had greater force than any given before Parliament, where they would not be on oath. But, during the four days' adjournment, he had ascertained, to his satisfaction, that the majority of the physicians were of opinion that the king would pretty soon recover, and that especially Dr. Willis was of this opinion, under whose more immediate care he was; and no sooner did the Commons meet, than Pitt most judiciously acquiesced in the suggestions of Vyner and Fox; and the physicians were examined by a committee of twenty-one members, of which he himself was chairman. On the 16th of December Pitt brought up the report of the committee, in which a majority of the physicians had expressed the opinion that the malady of the king would not be of long duration; and he then moved for another committee to search for precedents as to the power to be exercised by a regent. Fox declared that Pitt knew very well that there were no precedents to be found while there existed an Heir Apparent, at the time, of full age and capacity; that he was seeking only the means of delaying what ought to be done at once; that the failure of the mind of the sovereign was a case of natural demise, and that the Heir Apparent succeeded to the exercise of the royal authority from the period of that failure, as a matter of course; that the Parliament had, indeed, the authority to decide that such failure had actually taken place, and to sanction the assumption of the powers of regency, as the other two Estates of the realm, but nothing more. When Fox made this astounding assertion, Pitt slapped his thigh and exclaimed to a colleague sitting near him, "I'll unwhig the gentleman for the rest of his life."
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TWO:Thenby a process of argument so close, so logical, as to amount to a demonstrationSir Robert Peel meets this objection, and shows that the proposals of the Conservative party afforded no solution of the real difficulty. Granted that the overwhelming sense of the people of Great Britain was against concession, what aid could they afford in the daily, practical administration of the law in Ireland? If seditious libels were to be punished, or illegal confederacies, dangerous to the public peace, to be suppressed, the offenders could only be corrected and checked through the intervention of an Irish jury, little disposed, if fairly selected, to defer in times of political excitement to the authority of English opinion. But the real difficulty to be surmounted was not the violation of the law; it lay, rather, in the novel exercise of constitutional franchises, in the application of powers recognised and protected by the law, the power of speech, the power of meeting in public assemblies, the systematic and not unlawful application of all these powers to one definite purposenamely, the organisation of a force which professed to be a moral force, but had for its object to encroach, step by step, on the functions of regular government, to paralyse its authority, and to acquire a strength which might ultimately render irresistible the demand for civil equality. If, then, Irish agitation could not be repressed through the action of Irish juries, if the agitators kept strictly within the letter of the law, so that even a conviction by an Irish jury might be pronounced, by the highest legal authorities in England, an Act making trial by jury "a mockery, a delusion, and a snare," how was the public opinion of England and Scotland to be brought to bear in putting down the popular will in Ireland? It could be done only through the Imperial Parliament, by having a law passed to suspend or abolish the Constitution in Ireland. But the existing Parliament could not be got to pass any such measure, for the House of Commons had just voted that the proper way to put down agitation in Ireland was to grant Catholic Emancipation; and that the remedy of establishing civil equality ought to be tried without delay. Was[278] there any hope that a dissolution of Parliament would produce different results? No; for at the general election of 1826, Yorkshire, Lancashire, Middlesex, Surrey, Kent, and Devonshire sent representatives to Parliament, a majority of whom voted against the maintenance of Protestant ascendency in Ireland. The members for London, for Liverpool, for Norwich, for Coventry, for Leicester, were equally divided on the question; while the members for Westminster, Southwark, Newcastle-upon-Tyne, Preston, Chester, and Derby voted unanimously for concession. Now, the Parliament which assumed this Liberal complexion had been elected in circumstances calculated to call forth the strongest manifestation of Protestant feeling; for it was only the previous year that, after long discussion and a severe contest, the Commons had sent up to the Lords, by a majority of twenty-one, a Bill for the repeal of Roman Catholic disabilities. Then, with regard to Ireland, what would have been the effect of a general election there? Would not the example of Clare have been imitated in every county and borough where the Roman Catholic electors were the majority? And what would have been the effect of such an attempt on the public peace? Probably, to involve the whole island in the horrors of a civil and religious war; to be followed by another penal code.Subscriptions began to pour in for the Association, and the work went on. The year 1839 opened with bright prospects for the Anti-Corn Law crusade. Times were, indeed, changed since pseudo-Liberals had been able to make the apathy of the country an excuse for withholding aid from those who had, on principle, continued to demand justice in the matter of the poor man's loaf. The movement was rapidly becoming general. Mr. Villiers had prophesied in the last Session of Parliament that the day was not far distant when the landed interest would be compelled to treat this question with respect, and abandon the practice of shouting down the advocates of Free Trade in the Legislature. That day had now arrived, and sooner, probably, than the prophet himself had expected it. There was scarcely a large town or thickly populated district in Great Britain which had not moved, or which was not about to petition Parliament against the bread-tax. In many cases political differences were not allowed to hinder the common fellowship of citizens having such an object as the overthrow of a system that threatened to convert the mercantile community into a mass of bankruptcy, and to involve all classes in deep distress.

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FORE:The effect of steam communication between Great Britain and Ireland was to increase very greatly the traffic of those countries. It has been stated that in order to save the salaries of one or two junior clerks, it was determined to cease keeping any official records of this traffic, with the exception of grain and flour. In the absence of such records we can only arrive at an approximation to the quantity and value of the exports and imports. It was, however, estimated by persons acquainted with the subject, that the quantity of agricultural produce imported into Liverpool alone in 1832 was worth four millions and a half sterling; and this produce consisted chiefly of live stockhorses, sheep, and pigswhich could not have been so profitably brought over by sailing vessels. The value of agricultural produce brought to the port of Bristol from Ireland in the same year was one million sterling. The total value of all sorts of live animals brought from Ireland to Liverpool in 1837 was 3,397,760. One of the most curious items in the traffic is the egg trade. In the course of the year 1832 no less than 100,000 was paid for Irish eggs in Liverpool and Bristol alone. Looking at the whole traffic between the two islands, we perceive that the amount of tonnage employed in 1849 was 250 per cent. more than it was in 1801. Up to 1826 the increase was not so rapid as subsequently, it being then only 62 per cent. on the whole period, showing an annual increase of 2-2/5 per cent., whereas for the quarter of a century that followed, the increase was 188 per cent., the annual increase being 8 per cent.
FORE:The queen closed the session on the 9th of July, assuring the Parliament that her chief concern was for the preservation of our holy religion and the liberty of the subjectthis liberty having been most grievously invaded by her through the Schism Bill. But the dissolution of her Ministry was also fast approaching. The hostility of Oxford and Bolingbroke was becoming intolerable, and paralysed all the proceedings of Government. As for Oxford, he felt himself going, and had not the boldness and[20] resolution to do what would ruin his rival. He coquetted with the WhigsCowper, Halifax, and others; he wrote to Marlborough, and did all but throw himself into the arms of the Opposition. Had he had the spirit to do that he might have been saved; but it was not in his nature. He might then have uncovered to the day the whole monstrous treason of Bolingbroke; but he had himself so far and so often, though never heartily or boldly, tampered with treason, that he dreaded Bolingbroke's retaliation. Bothmar, the Hanoverian envoy, saw clearly that Oxford was lost. He wrote home that there were numbers who would have assisted him to bring down his rival, but that he could not be assisted, because, according to the English maxim, he did not choose to assist himself. Swift endeavoured, but in vain, to reconcile his two jarring friends; and Oxford finally utterly lost himself by offending the great favourite, Lady Masham. He had been imprudent enough to oppose her wishes, and refuse her some matter of interest. He now was treated by her with such marked indignity, that Dr. Arbuthnot declared that he would no more have suffered what he had done than he would have sold himself to the galleys. Still, with his singular insensibility to insult, he used to dine at the same table with her frequently, and also in company with Bolingbroke, too.
FORE:The news, when it reached England, produced a transport of exultation. Bells were rung, cannon fired, and great rejoicings made, anticipatory of fresh tidings of wonderful success. But very different was the reality. Wentworth called on Vernon to bombard Carthagena from the harbour, whilst he assailed it on land; but Vernon replied that he could not get near enough to attack the town effectually, and that Wentworth must attempt the reduction of the Fort San Lazaro, which commanded the town, and might be taken by escalade. This was[76] attempted, and while our men were thus standing under a murderous fire, they discovered, to their consternation, that their scaling ladders were too short. But the escalade was persisted in: they remained splicing their ladders, and a detachment of Grenadiers, under Colonel Grant, reached the top of a rampart; but Grant was instantly killed, and the Grenadiers hurled back over the wall. Still, the bull-dog spirit of the English made them persist in this desperate attempt, till six hundredthat is, half of them, lay dead, when they drew off.Almost immediately on the meeting of the House of Commons, Welbore Ellis demanded whether a return had been made for Westminster, and being answered in the negative, moved that Mr. Corbett, the high bailiff, with his assessor, should attend the House; and the next day, February 2nd, Colonel Fitzpatrick presented a petition from the electors of Westminster, complaining that they were not legally and duly represented. In fact, the scrutiny had now been going on for eight months, and as not even two of the seven parishes of Westminster were yet scrutinised, it was calculated that, at this rate, the whole process would require three years, and the city would, therefore, remain as long unrepresented. The high bailiff stated that the examinations, cross-examinations, and arguments of counsel were so long, that he saw no prospect of a speedy conclusion; and Mr. Murphy, his assessor, gave evidence that each vote was tried with as much[310] form and prolixity as any cause in Westminster Hall; that counseland this applied to both sidesclaimed a right to make five speeches on one vote; and that propositions had been put in on the part of Sir Cecil Wray to shorten the proceedings, but objected to on the part of Mr. Fox.
FORE:The number of distinguished authors on miscellaneous subjects was very great at this time. In jurisprudence and political economy there were Jeremy Bentham, whose life ended in 1832; his eminent disciples, John Stuart Mill, Dr. Bowring, and Dr. Hill Burton; Archbishop Whately, Mr. M'Culloch, Mr. Sadler, and Mr. N. W. Senior. De Quincey began his brilliant career as an author in 1822, by the publication of "The Confessions of an English Opium-Eater."The whole army now crossed the river at leisure, and marched towards Lahore. Lord Hardinge issued a proclamation, in which he stated that the war was the result of the wanton and unprovoked incursion of the Sikhs; that the British Government wanted no acquisition of territory, but only security for the future, indemnity for the expenses of the war, and the establishment of a government at Lahore, which should afford a guarantee against such aggressions in the time to come. The Ranee and her durbar, or council, now saw the necessity of prompt submission, which was tendered by plenipotentiaries sent to the British camp, who threw the whole blame of the war on the[600] uncontrollable troops. They were well received by the Governor-General, and a treaty was without difficulty concluded on the 15th of February at a place called Kussoor. By the terms of the treaty, all the territory lying between the river Beas and the Sutlej was ceded to the British Government. The sum of one million sterling was to be paid for the expenses of the war; but the sum was found too heavy, and instead Gholab Singh was rewarded for his fidelity to the British by the grant of a large tract of territory between the Beas and the Indus. Peace having been thus concluded, the young Maharajah, Dhuleep Singh, was received by the Governor-General at his camp with Oriental pomp; and on the 22nd of February Sir Henry Hardinge entered Lahore at the head of his victorious army, taking possession of the gates, the citadel, and the Royal palace.
FORE:General Evans had taken the command of the Spanish Legion, which throughout the whole of the campaign was encompassed with difficulties and pursued by disasters, without any military success sufficiently brilliant to gild the clouds with glory. Within a fortnight after the debate on Lord Mahon's motion came the news of its utter defeat before Hernani. This defeat encouraged the opponents of Lord Palmerston's policy to renew their attacks. Accordingly, immediately after the recess, Sir Henry Hardinge brought forward a motion on the subject. He complained that no adequate provision was made for the support of those who were in the Legion. At Vittoria they were placed for four months in uninhabited convents, without bedding, fuel, or supplies of any kind. Not less than 40 officers and 700 men fell victims to their privations. The worst consequence was, however, the total demoralisation of the troops. Theirs was not honourable war, it was butchery. They were massacring a fine and independent people, who had committed no offence against Britain. Ill treatment, want of food and of clothing, habits of insubordination and mutiny, and want of confidence in their officers, had produced their natural effects. Let them palliate the disaster as they would, there was no doubt, he said, of the fact that a large body of Britons had suffered a defeat such as he believed no British soldiers had undergone in the course of the last five or six hundred years. The motion was defeated by 70 votes to 62, but as the Legion was dissolved in the following year, 1838, the object of the Opposition was gained.[413]

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On the 9th of August, 1834, a fire broke out in part of the Dublin Custom House, one of the finest buildings in the United Kingdom. Owing to the immense quantity of combustible materials, the fierceness of the conflagration was something terrific. By great exertion the building was saved. This fire naturally produced a great sensation throughout the United Kingdom, but it was nothing in comparison to the interest excited by the burning of the two Houses of Parliament, which occurred on the 16th of October, 1834. According to the report of the Lords of the Privy Council, who inquired into the cause of the fire, the tally-room of the exchequer had been required for the temporary accommodation of the Court of Bankruptcy, and it was necessary to get rid of a quantity of the old exchequer tallies, which had accumulated till they would have made about two cartloads. These tallies had been used for kindling the fires. On one occasion a quantity of them was burned in Tothill Fields. There had been a question as to the best mode of getting rid of them, and it was ultimately resolved that they should be carefully and gradually consumed in the stoves of the House of Lords. But the work had been committed to workmen who were the reverse of careful. They heaped on the fuel, nearly filling the furnaces, and causing a blaze which overheated the flues. The housekeeper of the Lords' chamber sent to them several times during the day, complaining of the smoke and heat, but they assured her there was no danger. About four o'clock in the afternoon two strangers were admitted to see the House of Lords, and found the heat and smoke so stifling, that they were led to examine the floor, when they perceived that the floor-cloth was "sweating." At six o'clock the pent-up flames broke forth through the windows, and immediately the alarm was spread in all directions. The Ministers, the king's sons, Mr. Hume, and others, were presently on the spot, and did all they could in the consternation and confusion. The law courts were saved by having their roofs stripped off, and causing the engines to play on the interior. The greatest efforts were made to save Westminster Hall, which was happily preserved; but the two Houses of Parliament were[377] completely destroyed, together with the Commons' library, the Lords' painted chamber, many of the committee rooms, part of the Speaker's house, the rooms of the Lord Chancellor and other law officers, as well as the kitchen and eating-rooms. The king promptly offered Parliament the use of Buckingham Palace; but it was thought best to fit up temporary rooms on the old site, and to have them ready for next Session. The committee of the Privy Council sat for several days, and during the whole of that time the fire continued to smoulder among the dbris, and in the coal vaults, while the engines were heard to play from day to day within the boarded avenues. As soon as possible the temporary halls were prepared. The House of Lords was fitted up for the Commons, and the painted chamber for the Lords, at an expense of 30,000.The state of the Church of England was one of the most surprising deadness and corruption. Vast numbers of the churches had no minister resident, except a poor curate at a salary of some twenty pounds per annum, who, therefore, was compelled to do duty in two or three neighbouring parishes at once, in a manner more like the flying tailor of Brentford than a Christian minister; and the resident incumbents were for the most part given up to habits of intoxication, inherited from the last reign. Some of these ruling pastors held three or four livings, for the licence as to the plurality of livings was then almost unbounded.Notwithstanding these apprehensions, the reception actually given to Lord Anglesey was not at all so disgraceful to the country as he was led to anticipate. Mr. O'Connell kept out of the way; but a numerous assemblage of the most respectable citizens greeted his arrival at Kingstown, and escorted him to Dublin Castle, Lord Cloncurry and Lord Howth riding at the head of the procession. The populace confined the expression of their feeling to a few groans for "Dirty Doherty," whose promotion to the chief seat of the Court of Common Pleas was the alleged offence of Lord Anglesey. He was scarcely a week in Ireland, however, when O'Connell opened the Repeal campaign. A meeting of the trades of Dublin had been arranged for the 27th of December, to march in procession from Phibsborough to his residence in Merrion Square, to present him with an address of thanks for his advocacy of a domestic legislature. Sworn informations having been laid before the Lord-Lieutenant to the effect that serious disturbances were apprehended from this procession, he issued a proclamation on Christmas Day, forbidding it under the Act for the suppression of dangerous associations or assemblies. Mr. O'Connell therefore issued a notice, counter-manding the meeting. On the 4th of January Mr. O'Connell sent a deputation to Lord Cloncurry, to ask him to preside over a Repeal meeting, which he declined. "Those who knew Mr. O'Connell," writes his lordship, "who recollect what a creature of impulse he was, how impatiently he bore with any difference from his opinions, and what a storm was the first burst of his wrath, will not wonder at what followed. Three very long letters were immediately issued, especially devoted to the business of vituperating me, but with ample digressions maledictory of Lord Anglesey." In a few days, he adds, the fever was brought to a crisis by the arrest of Mr. O'Connell and his agitation staff, "after a brisk pursuit through a labyrinth of ingenious devices, whereby he sought to evade the law, in the course of which it was found necessary to discharge five or six proclamations against him. To-day, Mr. O'Connell's audience and claqueurs were termed 'The Society of the Friends of Ireland of all Religious Persuasions.' To-morrow they were 'The General Association of Ireland for the Prevention of Unlawful Meetings,' and for the protection and exercise of the sacred right of petitioning for the redress of grievances. Then, again, they were a nameless body of persons, in the habit of meeting weekly at a place called Home's Hotel; and as the hunt continued, they successively escaped from each daily proclamation under the changing appellations of 'The Irish Society for Legal and Legislative Relief'; or 'The Anti-union Association'; 'The Association of Irish Volunteers for the Repeal of the union'; 'The Subscribers to the Parliamentary Intelligence Office, Stephen Street'; until they were fairly run down at a breakfast party at Hayes Hotel."A still more important proposition was laid before Parliament by royal message, on the 22nd of Januarythe union of Ireland with Great Britain. It was argued that the late attempts to bring in a French army, and to alienate Ireland from Great Britain altogether, showed the necessity of drawing closer the bonds between the two countries. On the 31st of January a series of resolutions was agreed to as the basis of this union, but for the present year the matter ended in a joint address on the subject from both Houses being presented to the king.All this time it was raining heavily, and Brandreth, daunted by the weather, or by the courageous conduct of the manager, gave the word to march. The manager calculated that there were only about a hundred of them at this point; but they were soon after joined by another troop from Ripley, and they took two roads, which united about three miles farther on, collecting fresh men by the most direful threats. When they reached Eastwood, a village three or four miles farther on the road to Nottingham, they were said to amount to three hundred, but ragged, famished, drenched with the rain, and not half of them armed, even with rude pikes. Near Eastwood they were met by a troop of horse from Nottingham, which had been summoned by Mr. Rolleston, a magistrate, and at the sight they fled in confusion. About forty guns and a number of pikes were picked up, and a considerable number of prisoners were made, amongst them Brandreth. These prisoners were afterwards tried at a special assize at Derby. They were defended by Thomas (afterwards Lord) Denman, whose eloquence on the occasion raised him at once into notice, and whose generous, gratuitous, and indefatigable exertions on behalf of these simple, ignorant victims of Government instigation, showed him to be a man of the noblest nature. Notwithstanding his efforts, twenty of these unhappy dupes were transported for different terms, and threeBrandreth, Ludlam, and Turnerwere hanged and then beheaded as traitors.
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