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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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  • THREE:

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  • THREE:[See larger version]A quarrel took place between Massena and Ney on the subject of attacking the British and Portuguese who invested Almeida, where was a French garrison, and Ney threw up his command, and retired to Salamanca. Massena was daily expecting the junction of Soult, who had taken Badajoz; but Wellington did not give time for this junction. He attacked Massena at Sabugal on the 3rd of April, and defeated him with heavy loss. Massena then continued his retreat for the frontier of Spain, and crossed the Agueda into that country on the 6th. Wellington then placed his army in cantonments between the Coa and the Agueda, and made more rigorous the blockade of Almeida.

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THREE:Charles was, both in Scotlandon which his wild adventure had inflicted such miseriesand in France, a hero of romance; but his captured adherents had far other scenes to face than the lights and luxurious music of the opera. The prisons were crammed to such a degree with the[109] unfortunate Gaels, that Government was compelled to stow numbers away on board of men-of-war and transports, till fever broke out and swept them off by hundreds, sparing the labours of judges, juries, and hangmen. In Carlisle prison alone four hundred Scots were jammed in a space not properly sufficient for forty! The poor prisoners had been brought out of Scotland in open defiance of the Act of union and of the recognised rights of the Scottish courts; and now they were called on to cast lots for one in twenty to take their trials, with a certainty of being hanged, and the rest shipped off to the Plantations in America without any trial at all.In the year 1845 marked symptoms appeared of the approaching total failure of the national food. The early crop had been saved, but throughout the whole country the late crop was lost. As, however, the grain crop was abundant, the loss was not so severely felt. But the Government were so alarmed that they appointed a commission, consisting of Professors Kane, Lindley, and Playfair, eminent chemists, to inquire into the cause of the failure; but all their skill was unavailing to discover the nature of the mysterious agency by which the destruction was effected. The farmers and peasantry were not deterred from putting in an abundant crop of potatoes next year. In the beginning of the season the crops seemed in excellent condition, and there was every prospect of a plentiful harvest; but suddenly the blight came, as if the crop had been everywhere smitten with lightning, or a withering blast had swept over the whole country. "On the 27th of July," said Father Mathew, "I passed from Cork to Dublin, and this doomed plant bloomed in all the luxuriance of an abundant harvest. Returning on the 3rd of August, I beheld one wide waste of putrefying vegetation. In many places the wretched people were seated on the fences of their decaying gardens, wringing their hands and bewailing bitterly the destruction that had left them foodless." First a brown spot appeared on the leaf; the spots gradually increased in number and size until the foliage withered, the stem became brittle, and snapped off immediately when touched. In less than a week the whole process of destruction was accomplished. The fields assumed a blackened appearance; the roots were like pigeons' eggs, which gradually rotted away, and were wholly unfit for food. In one week the chief support of the masses was utterly lost.
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THREE: Hugh Howard, made Postmaster-General.

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THREE:

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THREE:[See larger version]From a Drawing by BIRKET FOSTER, R.W.S.

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THREE:

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THREE:Under sharp fighting, Wellington crossed the Nivelle on the 10th of November, and proposed to go into cantonments at St. Jean de Luz, on the right bank of the Nivelle; but he did not find himself in a position to obtain supplies there, and he therefore crossed the Nive, and occupied the country between that river and the Adour. Soult made desperate efforts to drive the enemy back; but he was compelled to fall back on his entrenched camp in front of Bayonne; and Wellington went into winter-quarters about the middle of December, but quarters extremely uncomfortable. Their late conflicts, between the 9th and 13th of December, had been made in the worst of weather, and they had marched over the most terrible roads. During these conflicts they had lost six hundred and fifty killed, and upwards of one thousand wounded and five hundred missing. The French had lost three times that number. But the French were at home amid their own people; while the allies were in a hostile country, suffering every species of want. At this moment Britain was sending clothes, arms, and ammunition to the Germans, the Sclavonians, and Dutch; but her own gallant army, which had chased the French out of Spain, and which had to maintain the honour of Great Britain by advancing towards Paris, was suffered to want everything, especially great-coats and shoes, in that severe season. Wellington had earnestly implored a reinforcement of twenty thousand men, but it did not arrive.

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FORE:This point settled, the preliminaries of peace were signed at Fontainebleau on the 3rd of November. To console Spain for her losses by her unlucky alliance with France, Louis XV. ceded Louisiana to that country by a private convention.Alexander of Russia, having obtained all that he hoped for from the peace of Tilsit and the alliance with Napoleon by the conquest of Finland, was looking about for a new ally to aid him in freeing himself from the insolent domination of Buonaparte, who was ruining Russia as well as the rest of Europe by his Continental system, when these unexpected events in Sweden opened up to him a sudden and most marvellous ally. The Swedes had chosen the Duke of Sudermania, the uncle of the deposed king. Charles XIII., the brother of Gustavus III. (assassinated by Count Anckarstr?m in 1792), was old, imbecile, and childless. A successor was named for him in the Duke of Augustenburg, who was extremely popular in Norway, and who had no very distant expectations of the succession in Denmark. This princea member of an unlucky househad scarcely arrived in Sweden when he died suddenly, not without suspicion of having been poisoned; in fact, various rumours of such a fate awaiting him preceded his arrival. Russia, as well as a powerful party in Sweden, was bent on restoring the line of Vasa. Alexander was uncle to the young prince, who, by no fault of his own, was excluded from the throne. Whatever was the real cause, Augustenburg died, as had been predicted; and while the public mind in Sweden was agitated about the succession, the aged king, Charles XIII., applied to Napoleon for his advice. But Napoleon had bound himself at Tilsit to leave the affairs of the North in the hands of Alexander, and especially not to interfere in those of Sweden. He therefore haughtily replied:"Address yourself to Alexander; he is great and generous"ominous words, which were, ere long, applied, to his astonishment and destruction.

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FORE:Burgoyne was now in a condition which demanded all the talents of a great general. His forces were heavily reduced, those of the enemy much increased, and he was amongst bogs and wildernesses, which Barrington and Barr had from the first declared would be fatal to any army. He had sent express after express to Howe to urge a movement in co-operation, but no news of it arrived, and every day he was becoming more and more cut off from advance or retreat. Whilst these circumstances were operating against him, Burgoyne collected his artillery and provisions for about a month, and, forming a bridge of boats, passed his army, on the 13th and 14th of September, over the Hudson, and encamped on the heights and plains of Saratoga. Just at this juncture Schuyler had been superseded by his successor Gates, yet he himself remained to give his assistance in the campaign. The day after Gates assumed the command, Morgan had marched in with his rifle corps, five hundred strong, and Major Dearborn with two hundred and fifty other picked men. Arnold, too, had returned from pursuit of St. Leger, with two thousand men. The Americans numbered, with militia continually flocking in, nearly eight thousand, whilst Burgoyne's force did not exceed half that number. To approach the Americans it was necessary to cross the low ground, seamed with watercourses and rugged with scrub and stones, and to lay down bridges and causeways. This being completed, on the 19th the British army took position at Bemus's Heights in front of the American left. Gates, stimulated by the presence of Arnold, began the attack by sending out a detachment to turn Burgoyne's right flank, but they soon perceived the covering division of Fraser, and retreated. Gates then put Arnold at the head of a still stronger detachment to fall directly on Burgoyne's position, and a severe fight commenced about three o'clock in the afternoon, which lasted until sunset. Arnold made the most impetuous[243] assaults on the British line to break it, but everywhere in vain, although the whole weight of the attack fell on three or four of our regiments, the rest being posted on some hills, and the Germans on the left at a greater distance. Whenever they advanced into the open field, the fire of the American marksmen from their concealment drove them back in disorder; but whenever the Americans ventured out, the British rushed forward and committed havoc amongst them; so the contest continued till night. The British remained in the field and claimed the victory; but it was a victory severely won, and far from decisive. The losses on both sides had been from five hundred to six hundred killed and wounded.

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FORE:[445]

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FORE:On the morning of the 19th the battle recommenced with fury. The French were now fighting close under the walls of the town, and Napoleon, posted on an eminence called Thonsberg, watched the conflict. Till two o'clock the fight raged all along the line, round the city; and neither party seemed to make any advance. At length the Allies forced their way into the village of Probstheide, and threw the French on that side into great confusion. Ney, on the north side, was also fearfully pressed by Blucher and the Crown Prince of Sweden, and was compelled to retreat under the walls. On a sudden, as the Russians advanced also against Ney, the Saxonsten thousand in numberwent over to them with a shout. They were sent to the rear, but their cannon was at once turned against the enemy. By evening it was clear that the French could not hold their position another day. Schwarzenberg announced to the Allied sovereigns that victory was certain, and they knelt on the field and returned thanks to God. The French knew this better than their opponents, for in the two days they had fired two hundred and fifty thousand cannon-balls, and had only about sixteen thousand cartridges left, which would not serve for more than two hours, much of their artillery having been sent to Torgau. The retreat, therefore, commenced in the night. There was only one bridge prepared, of timber, in addition to the regular stone bridge, over which one hundred thousand men must pass, with the enemy at their heels. To add to the misery, the temporary bridge soon broke down. Napoleon took a hasty leave of the King and Queen of Saxony, ordered Poniatowski to defend the rear, and himself made for the bridge. It was not without much difficulty, and considerable alarm lest he should be surrounded and taken, that he and his suite got across. Then there was a terrible scene of crushing and scrambling; and the enemy, now aware of the flight, were galloping and running from all sides towards the bridge, to cut off the fugitives. Soon after Buonaparte had got over, the bridge was blown up by the French officer in charge of the mine already made, and twenty-five thousand men were left to surrender as prisoners in the town. Amongst these were Marshals Macdonald and Poniatowski; but, disdaining to surrender, they sprang, with their horses, into the Pleisseto swim. Macdonald escaped, but Poniatowski, though he crossed the Pleisse, was again nearly cut off, and plunging into the deep and muddy Elster, was drowned. No braver man perished in these tragic campaigns; both Allies and French in Leipsic followed his remains to the tomb, in sincere honour of his gallantry. The triumph of the Allied monarchs was complete. They met in the great square of the city, and felicitated each other. The King of Saxony was sent, without any interview, under a guard of Cossacks to Berlin, and at the General Congress he was made to pay dearly in territory for his besotted adhesion to the invader of Germany. In this awful battle the French lost three hundred guns. The slain on both sides amounted to eighty thousand, and thousands of the wounded lay for days around the city, exposed to the severe October nights, before they could be collected into lazarettos; and the view of the whole environs of Leipsic, covered with dead, was fearful.

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    FORE:AMERICAN PROVINCES in 1763 AFTER THE CONTEMPORARY MAP by Peter Bell
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    FORE:The year 1763 opened with the signing of the[176] definitive treaty at Paris on the 19th of February, whence it was called the Peace of Paris. Five days later, a peace was signed between Prussia and Austria at Hubertsberg, in Saxony, to which Saxony, as the ally of Austria, was a party. Indeed, when England and France, Russia and Sweden, had withdrawn from the contest, there was little prospect of the continuance of the war. Both parties were exhausted, and yet, of the two, Frederick, in his dogged firmness, and in the almost unparalleled endurance of his people, was more than a match for Austria. If Maria Theresa could not cope with him when she had France, Russia, Saxony, and Poland, all united with her to put him down, the case was now hopeless. The English had stipulated that France should evacuate all the places in Germany and Flanders that belonged to those countries, and Frederick had easily induced the German states, in these circumstances, to a maintenance of neutrality. Austria, therefore, consented to this peace. She stood out the longest for the retention of Glatz, the only place won from Frederick still in her hands, but she was compelled to yield that, too. Both parties returned to the same situations as before the commencement of this fatal Seven Years' War.[See larger version]
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    FORE:ROBESPIERRE.Whilst matters were in this discouraging condition, Lord Lexington was sent to Spain to receive the solemn renunciation of the Crown of France for Philip and his successors, in the presence of the Cortes, which accordingly took place on the 5th of November. Portugal, also, on the 7th of November, signed, at Utrecht, the suspension of arms, at the same time admitting to the Allies that she did it only as a matter of absolute necessity. The Portuguese had held out firmly till the English refused to give them any assistance, when the Marquis de Bay invaded the kingdom at the head of twenty thousand men, and laid siege to Campo-Major. The English troops in Spain were ordered to separate from those of the Allies under Count Stahremberg, and were marched into Catalonia to embark at Barcelona. The people of that province beheld the English depart with sentiments of indignant contempt. England had first incited them to take up arms and declare for King Charles under the most solemn engagements never to make peace without them. But now they had broken their faith in the most shameless manner, and left them to the vengeance of the French triumphant in Spain. Such on all sides were the facts which forced on the world the conviction of the perfidy of England, which had hitherto borne so fair a reputation.
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    FORE:At the very time that Washington was flying before the British army, Congress, putting a firm face on the matter, went on legislating as boldly as ever. It established Articles of Confederation and perpetual union between the several States. These Articles were a supplement to and extension of the Declaration of Independence, and were sixteen in number:1st. That the thirteen States thus confederating should take the title of the United States. 2nd. That each and all were engaged in a reciprocal treaty of alliance and friendship for their common defence, and for their general advantage; obliging themselves to assist each other against all violence that might threaten all or any of them on account of religion, sovereignty, commerce, or under any other pretext whatever. 3rd. That each State reserved to itself alone the exclusive right of regulating its internal government. 4th. That no State in particular should either send or receive embassies, begin any negotiations, contract any engagements, form any alliances, or conclude any treaties with any king, prince, or power whatsoever, without the consent of the United States assembled in Congress; that no person invested with any post in the United States should be allowed to accept any presents, emoluments, office, or title, from any king, prince, or foreign Power; and that neither the General Congress, nor any State in particular, should ever confer any title of nobility. 5th. That none of the said States should have power to form alliances, or confederations, even amongst themselves, without the consent of the General Congress. 6th. That no State should lay on any imposts, or establish any duties, which might affect treaties to be hereafter concluded by Congress with foreign Powers. 7th. That no State in particular should keep up ships of war, or land troops beyond the amount regulated by Congress. 8th. That when any of the States raised troops for the common defence, the officers of the rank of colonel and under should be appointed by the legislature of the State, and the superior officers by Congress. 9th. That all the expenses of the war, etc., should be paid out of a common treasury. Other clauses defined the functions and powers of Congress, and the 14th offered to Canada admission to all the privileges of the other States, should she desire it; but no other colony was to be admitted without the formal consent of nine of the States composing the union.The news spread on every side; the retreat of the English from Concord, which always was intended, as soon as the object was accomplished, was represented as an ignominious flight before the conquering Americans, and the effect was marvellous. Men flocked from all quarters. There were some twenty thousand men assembled round Boston, forming a line nearly twenty miles in extent, with their left leaning on the river Mystic, and their right on the town of Boston. Putnam and Ward became the souls of the American army. Gage, who was awaiting fresh reinforcements, lay quiet, contented to hold his post, when he might, according to military authorities, have attacked the American lines, at first loose, and without any proper order and consistency, with great advantage. The inhabitants of Boston, not relishing the idea of a blockade, applied to Gage for permission to retire. He replied that they were at liberty to do so with their families and effects, on surrendering their arms. The Bostonians at once interpreted this to mean the whole of their merchandise, and Gage, in consequence, countermanded his permission.

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CORONATION OF WILLIAM IV.: THE ROYAL PROCESSION. (See p. 343.)The question of Catholic Emancipation was brought forward on the 3rd of May, by Grattan: it was the last time that he did so, but he had the satisfaction of seeing that the question was rapidly advancing, for it was lost by only two votes. A fortnight afterwards Lord Donoughmore introduced a similar motion, in the hope of surmounting this small difference, but, after a long debate, he found the majority increased against it by thirty-nine votes. The closing contest of the Session was for Parliamentary Reform. Sir Francis Burdett brought on his annual motion, on the 1st of July, for the eighteenth time, but was defeated by one hundred and fifty-three votes against fifty-eight. He was seconded by Mr. George Lamb, younger brother of Lord Melbourne, who, however, did not go the length of annual parliaments and universal suffrage. Even at that day, Joseph Hume was for moderate reform, and Lord John Russell was alarmed at anything further than Triennial Parliaments, and the transferring the franchise from certain corrupt boroughs to others not yet represented. Such were the feeble ideas of Reform amongst its self-constituted leaders. Parliament was prorogued, on the 13th of July, by the Prince Regent in person.
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