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France ceded Canada, Nova Scotia, and Cape Breton, stipulating for the free exercise of their religion by the inhabitants of Canada, and for their leaving the country if they preferred it, carrying away their effects, if done within eighteen months. Nova Scotia and Cape Breton were given up unconditionally. The boundaries of Louisiana were more clearly defined. The French retained the right to fish on part of the coast of Newfoundland and in the Gulf of St. Lawrence and to retain the two little islets of St. Pierre and Miquelon, as places of shelter for their fishermen, on condition that no batteries should be raised on them, nor more than fifty soldiers keep guard there. Their fishermen were not to approach within fifteen miles of Cape Breton.

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Arnold had meanwhile arranged everything with Washington, at Cambridge, for his expedition. He marched away from Cambridge with twelve hundred men, and on reaching the Kennebec River, one hundred and thirty miles north of Boston, embarked upon it, carrying with him one thousand pounds in money, and a whole cargo of manifestoes for distribution among the Canadians. Thence he had to traverse a terrible wilderness of woods, swamps, streams, and rugged heights, where the men had to carry their boats and provisions on their shoulders, and where, for two-and-thirty days, they saw no house, wigwam, or sign[221] of human life. So extreme were their distresses, that for the last several days they had to live on their own dogs. It was the 3rd of November before they reached the first Canadian settlement on the river Chaudire, which flows into the St. Lawrence opposite to Quebec. They emerged on the river St. Lawrence, at Point Levi, immediately over against Quebec. Could Arnold have crossed immediately, such was the suddenness of the surprise, he probably would have taken the city. But a rough gale was blowing at the time, and for five days he was detained on the right bank of the river by that circumstance and the want of boats. Arnold, nevertheless, managed to cross the river in the night, about a mile and a half above the place where Wolfe had crossed. Finding the cliffs there too high to scale, he followed the shore down to Wolfe's Cove, and ascended the heights just where Wolfe had done so. Like Wolfe, Arnold formed his band on the Heights of Abraham, and, trusting to the belief that the Canadians were in favour of the Americans, proposed to make a dash up to the gates of the city before day broke; but his followers protested against this design. When day dawned, Arnold saw so many men on the walls and batteries that he knew the assault was hopeless, and retired to Point aux Trembles, where he was joined by Montgomery, who took the chief command.In the following June Lord Stanhope again came forward with a Bill to remove some of these enactments, and he showed that the literal fulfilment of several of them was now impossible; that as to compelling every man to go to church, by returns lately made to that House it was shown that there were four millions more people in England than all the churches of the Establishment could contain. With respect to the Church enforcing uniformity, he said that the variations between the Book of Common Prayer printed at Oxford and that printed at Cambridge amounted to above four thousand. His Bill was again thrown out by thirty-one against ten; but his end was gained. He had brought the injustice towards the Dissenters so frequently forward, and it was now so glaring, and the Dissenters themselves were become so numerous and influential, that the question could be no longer blinked. On the majority being pronounced against the Bill, Lord Holland rose and asked whether, then, there was to be nothing done to remove the disabilities under which Dissenters laboured? If that were the case, he should be under the necessity of bringing forward a measure on that subject himself. This compelled Ministers to promise that something should be done; and, on the 10th of the same month, Lord Castlereagh proposed to bring in a Bill to repeal certain Acts, and to amend others respecting persons teaching or preaching in certain religious assemblies. This Act, when explained, went to repeal the 13 and 14 Charles II., which imposed penalties on Quakers and others who should refuse to take oaths; the 16 of Charles II., known as the Five Mile Act, which prohibited any preacher who refused to take the non-resistance oath coming within five miles of any corporation where he had preached since the Act of Oblivion, under a penalty of fifty pounds; and the 17, which also imposed fine and imprisonment on them for attempting to teach a school unless they went to church and subscribed a declaration of conformity. It also repealed the 22 Charles II., commonly called the Conventicle Act. Instead of those old restraints, his Act simply required the registration of all places of worship in the bishop's or archdeacon's court; that they must not be locked, bolted, or barred during divine service, and that the preachers must be licensed according to the 19 George III. These conditions being complied with, all persons officiating in, or resorting to such places of worship, became entitled to all the benefits of the Toleration Act, and the disturbance of their assemblies became a punishable offence. This Bill passed both Houses, and became known as the Statute of 52 George III. It was a great step in the progress of religious freedom; and Mr. William Smith, the leader of the Dissenting interests in the House of Commons, expressed his heartfelt gratification at this proof of the increasing liberality of the times.
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ONE:The next month Pitt despatched a smaller fleet and force to destroy the port of Cherbourg, which the French had constructed under Cardinal Fleury, and, as they stated by an inscription, "for all eternity." This time the command was given to General Bligh. Howe was admiral, and on board with him went Prince Edward, afterwards Duke of York. On the 8th of August the troops were landed at Cherbourg, which was[131] deserted by the garrison, and they destroyed the forts and harbour, demolished a hundred and seventy pieces of iron cannon, and carried off twenty-two fine brass ones. After re-embarking and returning to Portsmouth, Bligh was ordered to pay another visit to St. Malo, but still found it too strong for him; yet he landed his men in the bay of St. Lunaire, about two leagues westward of St. Malo; and the weather immediately driving Howe to sea, the army was marched overland to St. Cast, some leagues off. The soldiers were allowed to rove about and plunder, till Bligh heard that the Duke of Aiguillon was advancing against them at the head of a strong force. Bligh then, but in no hurry, marched for the port of St. Cast, followed by Aiguillon, who waited till he had embarked all but one thousand five hundred men, when he fell upon them, and slaughtered a thousand of them in a hollow way amongst the rocks leading down to the shore.
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THREE:Whilst these events had been progressing, the Ministry had entered into a combat with the great unknown political essayist, Junius. Junius had advanced from Sir William Draper to the Duke of Grafton, and from the Duke of Grafton to the king in his sweeping philippics. For these daring censures, Woodfall, the printer of the Public Advertiser, was tried, and also Almon, the publisher of the London Museum, a monthly periodical, for reprinting the libel there. Almon was convicted of publishing, and sentenced to pay a fine of ten marks, and give security for his good behaviour for two years, himself in four hundred pounds, and two sureties in two hundred pounds each. He moved in vain for a new trial. Woodfall was convicted of "printing and publishing only;" but he obtained an order for a new trial, on the ground of the phrase "only" being ambiguous. But the circumstance which excited the attention and turned the resentment of both Liberal statesmen and the people was, that Lord Mansfield on these trials had instructed the juries to confine themselves to the facts alone, and to leave the question of legality to the judges. This was properly declared a dangerous infringement of the rights of juries, and calculated to make their verdicts merely the servile echoes of the dicta of the judges. Lord Chatham, on the 28th of November, denounced in the Peers this dictation of the judge to the juries. Serjeant Glynn, at the same time, moved in the Commons for an inquiry into the administration of justice in Westminster Hall, where such unconstitutional instructions could be given. This occasioned a warm debate, in which Burke, Dunning, and others, ably defended the public rights. The motion was negatived.
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THREE:Buonaparte had not a sufficient French force in Germany under Davoust and Oudinot, but he called on the Confederacy of the Rhine to furnish their stipulated quotas to fight for the subjugation of their common fatherland. Bavaria, Würtemberg, Saxony, and the smaller States were summoned to this unholy work. His numbers, after all, were far inferior to those of the enemy, and, besides the renegade Germans, consisted of a medley of other tributary nationsItalians, Poles, Dutch, Belgians, and others. It is amazing how, in all his later wars, he used the nations he had conquered to put down the rest. Even in his fatal campaign in Russiayet to comea vast part of his army consisted of the troops of these subjugated nations.
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THREE:BURNING OF THE HOUSES OF PARLIAMENT. (See p. 376.)

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THREE:Meanwhile in Ireland, where Lord Anglesey had been succeeded by Lord Wellesley and Mr. Stanley by Mr. Littleton, O'Connell was openly agitating for a Repeal of the union. His conduct was much resented by Lord Grey's followers, and at a meeting at Hull Mr. M. D. Hill challenged the good faith of the Irish party, and declared that an Irish member, who spoke with great violence against the Coercion Bill, had secretly urged the Ministers to force it through in its integrity. O'Connell brought the statement before the House early in the Session, when it was unnecessarily confirmed by Lord Althorp, who said that he had good reason to believe it to be true. After a violent scene, he further admitted that Sheil was one of the members to whom he referred. Mr. Sheil denied the imputation so passionately that, on the motion of Sir F. Burdett, both he and Lord Althorp were taken into custody by the Serjeant-at-Arms. They were released on submitting to the authority of the House, and a committee, after examining into the matter and collecting no evidence of value, were glad to avail themselves of an apology tendered by Hill and to bring the incident to a close.One of the first acts of the Parliament, which met on November 12th, was to punish the peculations and abuses of the Lord Chancellor, Parker, Earl of Macclesfield. The Court of Chancery, in former ages a sink of corruption, was at this time in its worst condition. The offices of Masters were regularly sold, and the Masters as regularly took care to recoup themselves by all manner of peculation. The estates of widows and orphans and the money of suitors were unscrupulously plundered. There was a loud outcry against these robberies, and especially against the Lord Chancellor, for his not only tolerating but partaking in them. He endeavoured to escape the storm of public indignation by resigning in January, but this did not avail him. He was impeached by Sir George Oxenden in the Commons, and tried in the Lords, and fined thirty thousand pounds. A motion for disabling him from ever again sitting in Parliament or holding any office was lost only by a very few votes. The king struck his name out of the list of Privy Councillors, and in 1725 Sir Peter King was made Chancellor in his stead, with the title of baron.
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THREE:Buonaparte very speedily matured his plans for the seizure of Spain, and he began to put them into execution. From Italy, where he was violating the territories of the Pope, and compelling the reluctant Queen of Etruria to give up her kingdom, he wrote to the King of Spain, her father, that he consented to a marriage between the Prince of Asturias and a lady of his family. Whilst he thus gave assurance of his friendship, he ordered his army, lying at Bayonne, to enter Spain at different points, and possess themselves of the strong positions along its frontier. By this means the French were received as friends by the people, and neither the king nor Godoy complained of this gross breach of the Treaty of Fontainebleau. The impudent tricks by which the great fortresses were secured, each of which might have detained an army for years, have scarcely any parallel in history. At Pamplona, on the 9th of February, 1808, the French troops commenced a game of snowballing each other on the esplanade of the citadel, when suddenly they occupied the drawbridge, entered the fortress gate, and admitted a body of their countrymen, who had been placed in readiness, and the fortress was secured. At Barcelona the French gave out that they were about to march. Duchesne, the General, drew up his men before the citadel, on pretence of speaking with the French guard, near the citadel gate, passed suddenly in, followed by an Italian regiment, and the place was their own. St. Sebastian was captured by a number of French being admitted into the hospital, who let in their fellows, and Mountjoy was taken by a like ruse.At length, then, after all his marvellous doublings, O'Connell was hunted into the meshes of the law. He was convicted of sedition, having pleaded guilty, but was not called up for judgment. This was made a charge against the Government; with how little reason may be seen from the account of the matter given by Lord Cloncurry. The time at which he should have been called up for judgment did not arrive till within a month or two of the expiration of the statute under which he was convicted, and which he called the "Algerine Act." In these circumstances, Lord Cloncurry strongly urged upon the Viceroy the prudence of letting him escape altogether, as his incarceration for a few weeks, when he must be liberated with the expiring Act, "would only have the appearance of impotent malice, and, while it might have created dangerous popular excitement, would but have added to his exasperation, and have given him a triumph upon the event of his liberation that must so speedily follow."
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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 Billsone 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.
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TWO:The very day that Lord Cornwallis had marched from Wilmington, Lord Rawdon was bravely fighting with Greene at Hobkirk's Hill, in South Carolina. Greene had not ventured to attack Lord Cornwallis; but he thought he might, by diverting his course into South Carolina, induce him to follow, and thus leave exposed all North Carolina to Wayne and Lafayette, as well as all his important posts in the upper part of North Carolina. Greene failed to draw after him Cornwallis, but he sat down at Hobkirk's Hill, about two miles from the outposts of Lord Rawdon's camp at Camden. Lord Rawdon, hearing that Greene was waiting to be reinforced by troops under Lieutenant-Colonel Lee, did not give him time for that. He marched out of Camden, at nine o'clock in the morning, on the 25th of April, and quietly making a circuit through some woods, he came upon Greene's flank, and drove in his pickets before he was perceived. Startled from his repose, Greene sought to return the surprise by sending Colonel Washington, a nephew of the American commander-in-chief, with a body of cavalry, to fall on Rawdon's rear, as he was passing up the hill. But Rawdon was aware of this man?uvre, and prevented it, still pressing up Hobkirk's Hill, in the face of the artillery, charged with grape-shot. Greene's militia fled[281] with all speed, and Rawdon stood triumphant on the summit of the hill, in the centre of Greene's camp. But the success was not followed up, owing to the insufficiency of the English troops, and Greene was able, without risking another engagement, to compel Rawdon to retire to Charleston. The American general encamped on the Santee Hills until September, when he descended on Colonel Stewart, who had succeeded Rawdon. After a severe struggle at Eutaw Springs on the 8th of September, Stewart retired to Charleston Neck, and all Georgia and South Carolina were lost to the English, with the exception of Charleston and Savannah. Meanwhile, Lord Cornwallis only allowed himself three days' rest at Presburg; he marched thence, on the 24th of May, in quest of Lafayette, who was encamped on the James River. Cornwallis crossed that river at Westover, about thirty miles below Lafayette's camp, and that nimble officer retreated in all haste to join General Wayne, who was marching through Maryland with a small force of eight hundred Pennsylvanians. Lafayette and Wayne retreated up the James River, and Cornwallis pursued his march to Portsmouth. There he received an order from Sir Henry Clinton, desiring him to look out for a position where he could fortify himself, and at the same time protect such shipping as might be sent to the Chesapeake to prevent the entrance of the French. Cornwallis fixed on York Town, on York River, and there, and at Gloucester, in its vicinity, he was settled with his troops by the 22nd of August. Sir Henry Clinton wrote, intimating that he should probably send more troops to the Chesapeake, as there was a probability that Washington and Rochambeau, giving up the attack of New York, would make a united descent on York Town. Wayne and Lafayette were already continually increasing their forces above York Town; but any such reinforcements by Sir Henry were prevented by the entrance of the Comte de Grasse, with twenty-eight sail of the line and several frigates, into the Chesapeake, having on board three thousand two hundred troops, which he had brought from the West Indies. These troops he landed, and sent, under the Marquis de St Simon, to join Lafayette, much to his delight.

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