THREE: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.
FORE:Gates replied that he was well aware that General Burgoyne's army was reduced to the last extremity; that it had lost the greater part of its men by repeated defeats, sickness, etc., together with their artillery, horses, and ammunition; that their retreat was cut off, and, therefore, he could listen to nothing but an absolute surrender. Burgoyne said he would never admit that his retreat was cut off whilst he had arms in his hands; and Gates, who knew that Clinton was on his march, and might soon alter the whole face of things, was only too anxious to have Burgoyne's army out of the way. After some preliminaries, therefore, to save appearances, on the 16th it was agreed that the British should march out of their camp with all the honours of war; should deposit their cannon on the banks of the Hudson, and there pile their arms at the command of their own officers; that the troops, of whatever nation they might be composed, should retire in all security and honour to Boston, where they should be provided with all necessary comforts until they embarked for England, under condition of not serving against the United States again during that war; that the Canadians should be allowed to return in all honour to their own country; and that in no case should officers be separated from their own men. These were not such terms as are usually granted to conquered armies; and the reason was, that Clinton was every day drawing nearer. Scarcely were these terms agreed on, when this fact became known to Burgoyne. For a moment he hesitated whether he should sign the contract; but, on consultation with his officers, he felt himself bound in honour to ratify it, and accordingly, the next morning, the 17th of October, the deed was signed, and the troops, marching out, grounded their arms.
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THREE:HELIGOLAND.
THREE:
