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The population of Great Britain had thus rapidly increased, and the condition of the people had improved, notwithstanding heavy taxation, and the burden of an enormous National Debt, incurred by one of the most protracted and expensive wars on record, which strained the national energies to the uttermost. How vast, then, must have been the national resources by which all demands were met, leaving the State stronger and wealthier than ever! The extent of these resources is shown in some measure by the amount of our exports. The total declared value of all British and Irish produce and manufactures exported in 1831 was 37,164,372; in 1841 the value of exports had increased to 51,634,623, being at the rate of 38?9 per cent. Another example of the greatly increased commerce of the country is afforded by the returns of shipping. In 1831 the number of ships, British and foreign, engaged in the colonial and foreign trades was 20,573, of which the total tonnage amounted to 3,241,927. In 1841 the number of ships had increased to 28,052, and the tonnage to 4,652,376, giving an increase of 43 per cent. In the former year the tonnage employed in our coasting trade amounted to 9,419,681; in the latter it had increased to 11,417,991, showing an increase of 20 per cent. But other indications of national wealth were referred to by the Census Commissioners of 1841. During the same period the accumulations in savings-banks were very large, and went on increasing. In 1831 there were nearly 500,000 depositors, whose deposits amounted to about 14,000,000. In 1841 it was found that both the depositors and the amount deposited had very nearly doubled. From the[418] proceeds of the property tax, which in 1815 was about 52,000,000, and in 1842 over 82,000,000, an estimate has been formed, in the absence of returns, for the years 1831 and 1841, which sets down the increase of real property during that period as not less than from 20 to 25 per cent. In 1815 the annual profits of trades in England and Wales were assessed at 35,000,000 in round numbers, and in 1841 they had increased to 50,000,000. During the decennial period, 1831-41, legacy duty had been paid upon a capital of about 423,000,000, or more than one-half the aggregate amount upon which the duty had been paid in the thirty-four preceding years. The stamp duties, also, upon probates of wills and letters of administration in the United Kingdom amounted to upwards of 1,000,000, having increased in ten years at the rate of 10 per cent.
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THREE: FORE:Sheridan marked the opening of the year 1795 by moving, on the 5th of January, for the repeal of the suspension of the Habeas Corpus Act. He showed that the very grounds on which this suspension had been based had miserably given way on the trials of Tooke, Hardy, and the rest; that the whole amount of arms and money on which the so-called "formidable" conspiracy had rested had been shown to be one pike, nine rusty muskets, and a fund of nine pounds and one bad shilling! He said that the great thing proved was the shameful conspiracy of the Government against the people, and their infamous employment of spies for that end; that eight thousand pounds had been spent on the Crown lawyers, and a hundred witnesses examined, only to expose the guilt of the Ministry. Windham defended the measures of Government, and charged the juries with ignorance and incapacity, for which Erskine severely reprimanded him. But the standing majorities of Pitt were inaccessible to argument, and the continuance of the suspension was voted by a majority of two hundred and thirty-nine against fifty-three. A like result attended the debate in the Lords, where, however, the Dukes of Norfolk and Bedford, the Marquis of Lansdowne, and the Earls of Lauderdale and Guildford strongly opposed the suspension.

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THREE:On the 14th of September the Russian army filed through the streets of their beloved but doomed city, with sad looks, furled banners, and silent drums, and went out at the Kolomna gate. The population followed them. Rostopschin had encouraged vast numbers already to transplant all their wealth and stores from the place, and, as his last act, he called up two prisonersa Russian traitor, and a Frenchman who had dropped hostile expressions. The Russian he ordered, with the consent of the culprit's own father, to be put to death; the Frenchman he set at liberty, telling him to go to Buonaparte and say that but one traitor had been found in Russia, and him he had seen cut to pieces. Rostopschin then mounted his horse and rode after his countrymen, having first[47] ordered all the gaols to be set open, and their wretched inhabitants to be allowed to make their escape. FORE:The evening of the 27th of January was fixed for the Minister's general statement upon the commercial policy of the Government. Sir Robert proposed the reduction of the duty on Russian tallow from 3s. 2d. to 1s. 6d.; the abolition of duty on the coarser fabrics of linen, cotton, and woollen, and the reduction on the finer from 20 to 10 per cent.; on French brandy and Geneva, a reduction from 22s. 10d. to 15s.; on foreign free-grown Muscovada sugar, a reduction from 9s. 4d. to 5s. 10d.; and on clayed 11s. 10d. to 8s.; the admission of Indian corn and buckwheat duty free; on butter, the duty to be reduced from 20s. to 10s.; and on cheese, from 10s. to 5s.; the duty on live animals, and fresh and salted meats, pork, and vegetables to be abolished. As to corn, in lieu of the then sliding scale, he proposed that when the average price of wheat was 48s., the duty should fall by 1s. with every 1s. of rise in price, till on reaching 53s. the duty should be a fixed one of 4s.; that this mitigated scale should last for three years, and, by a positive enactment, then disappear on the 1st of February, 1849, leaving for the future only a nominal rate of duty; and that all British colonial wheat and flour should be forthwith admitted at a nominal rate.In the House of Lords the second reading was carried on the 28th of May by a majority of 47, and the Bill was finally passed on the 25th of June. The attitude of the House was due entirely to the Duke of Wellington, and his conduct constitutes his best claim to the title of statesman. But the downfall of the Peel Ministry was inevitable. In a letter to the Duke, of the 18th of February, Lord Stanley had said that, whatever might be the result of the Corn Bill, the days of the existing Government were numbered, and that the confidence of his party in Sir Robert Peel had been so shaken, "that, in spite of his pre-eminent abilities and great services, he could never reunite it under his guidance." The Protectionist party found its opportunity in the Irish Coercion Bill, which, introduced by Earl St. Germans into the House of Lords, had slowly passed through its various stages, and appeared in the Commons in March. At first the Bill was obstructed in order to delay the Corn Bill, but when that measure became law, Whigs and Protectionistswho had voted for the second reading of the Protection of Life Billresolved to use it as an instrument for the overthrow of Peel. They combined, therefore, with the Radicals and Irish members, and, on the very night on which Free Trade was passed by the Lords, the Minister was finally defeated in the Commons. He might have dissolved, but his preference was for retirement. The concluding words of his speech will long be remembered. He said: "With reference to honourable gentlemen opposite, I must say, as I say with reference to ourselves, neither of us is the party which is justly entitled to the credit of those measures. There has been a combination of parties, and that combination, and the influence of Government, have led to their ultimate success; but the name which ought to be, and will be, associated with the success of those measures, is the name of the man who, acting, I believe, from pure and disinterested motives, has, with untiring energy, by appeals to reason, enforced their necessity with an eloquence the more to be admired because it was unaffected and unadornedthe name which ought to be associated with the success of those measures is the name of Richard Cobden. Sir, I now close the address which it has been my duty to make to the House, thanking them sincerely for the favour with which they have listened to me in performing the last act of my official career. Within a few hours, probably, that favour which I have held for the period of five years will be surrendered into the hands of anotherwithout repiningI can say without complaintwith a more lively recollection of the support and confidence I have received than of the opposition which, during a recent period, I have met with. I shall leave office with a name severely censured, I fear, by many who, on public grounds, deeply regret the severance of party tiesdeeply regret that severance, not from interest or personal motives, but from the firm conviction that fidelity to party engagementsthe existence and maintenance of a great partyconstitutes a powerful instrument of government. I shall surrender power severely censured also by others who, from no interested[524] motives, adhere to the principle of Protection, considering the maintenance of it to be essential to the welfare and interests of the country. I shall leave a name execrated by every monopolist who, from less honourable motives, clamours for Protection because it conduces to his own individual benefit; but it may be that I shall leave a name sometimes remembered with expressions of good-will in the abodes of those whose lot it is to labour, and to earn their daily bread by the sweat of their brow, when they shall recruit their exhausted strength with abundant and untaxed food, the sweeter because it is no longer leavened by the sense of injustice."

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THREE:Windham, on the 3rd of April, proposed his plan for the improvement of the army. Till this time enlistments had been for life, which gave men a strong aversion to enter it, and made it the resort chiefly of such as were entrapped in drink, or were the offscouring of society, who became soldiers to enjoy an idle life and often to escape hanging for their desperate crimes. He said that we could not have recourse to conscription in this country, and to get men, and especially a better class of men, we must limit the term of service and increase the pay. To prepare the way for his contemplated regulations, he first moved for the repeal of Pitt's Additional Force Bill. This was strongly opposed by Castlereagh and Canning, who contended that nothing could be better or more flourishing than the condition of the army; and that the repeal of Pitt's Bill was only meant to cast a slur on his memory. Notwithstanding this,[519] the Bill was repealed by a majority, in the Commons, of two hundred and thirty-five against one hundred and nineteen, and in the Lords by a majority of ninety-seven against forty. Windham then moved for a clause in the annual Mutiny Bill, on the 30th of May, for limiting the terms of service. In the infantry, these terms were divided into three, of seven years each; and in the cavalry and artillery three also, the first of ten, the second of six, and the third of five years. At the end of any one of these terms, the soldier could demand his discharge, but his privileges and pensions were to be increased according to the length of his service. Notwithstanding active opposition, the clause was adopted and inserted. He then followed this success by a series of Bills: one for training a certain number of persons liable to be drawn from the militia, not exceeding two hundred thousand; a Bill suspending the ballot for the militia for England for two years, except so far as should be necessary to supply vacancies in any corps fallen below its quota; a Bill, called the Chelsea Hospital Bill, to secure to disabled or discharged soldiers their rightful pensions; a Bill for augmenting the pay of infantry officers of the regular line; and one for settling the relative rank of officers of troops of the line, militia, and yeomanry. To these Bills, which were all passed, was added a vote for the increased pay of sergeants, corporals, and privates of the line, and an augmentation of the Chelsea pensions, and the pensions of officers' widows. Lord Howick moved that the same benefits should be extended to the officers, petty officers, and seamen of the navy, and to the Greenwich pensioners, which was carried. These were, undoubtedly, most substantial measures of justice to the two services; and the results of them soon became apparent enough in their beneficial effects on the condition of the army and navy.
  • THREE:

    by Daniel Nyari View on Dribbble

    FORE:And, for some time, events seemed to justify these apprehensions by the old governing class. Not a plan of Pitt's but failed. His first enterprise was one of that species that has almost universally faileda descent on the coast of France. Early in September a fleet of sixteen ships of the line, attended by transports and frigates, was despatched to Rochefort, carrying ten regiments of foot, under the command of Sir John Mordaunt. Sir Edward Hawke commanded the fleet, and the troops were landed[127] on a small fortified island named Aix, at the mouth of the Charente. There, in spite of strict orders, the English soldiers and sailors became awfully drunk, and committed shocking excesses and cruelties on the inhabitants. The rumour of this made the forces in Rochefort furious for vengeance; and when the army was to be landed within a few miles of the place in order to its attack, as usual in such cases, the admiral and general came to an open quarrel. Mordaunt betrayed great timidity, and demanded of Hawke how the troops, in case of failure, were to be brought off again. Hawke replied, that must depend on wind and tidean answer which by no means reassured Mordaunt. General Conway, next in command to Mordaunt, was eager for advancing to the attack; and Colonel Wolfeafterwards the conqueror of Quebecoffered to make himself master of Rochefort with three ships of war and five hundred men at his disposal. The brave offer was rejected, but the report of it at once pointed out Wolfe to Pitt as one of the men whom he was on the look-out to work with. Howe, the next in command to Hawke, proposed to batter down the fort of Fouras before advancing on Rochefort; but Mordaunt adopted the resort of all timid commandersa council of warwhich wasted the time in which the assault should have been made, and then it was declared useless to attempt it; the fortifications of Aix were destroyed, and the fleet put back. Mordaunt, like Byng, was brought before a court-martial, but with very different results. He was honourably acquittedperhaps, under the atrocious 12th Article of War, the Court feared even to censure; and it was said by the people that Byng was shot for not doing enough, and Mordaunt acquitted for doing nothing at all.

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  • THREE:The success of the revolt against the French in Spain was certain to become contagious in Portugal. Junot was holding the country with an army of thirty thousand men, amongst whom there was a considerable number of Spanish troops, who were sure to desert on the first opportunity after the news from Spain. What Buonaparte intended really to do with Portugal did not yet appear. The conditions of the Treaty of Fontainebleau remained a dead letter. He had established neither the Queen of Etruria nor the Prince of the Peace in their kingdoms there. The likelihood was that, as soon as Spain was secure, he would incorporate Portugal with it. This seemed very probably his intention, from words that he let fall at an Assembly of Portuguese Notables, whom he had summoned to meet him at Bayonne. The Count de Lima, the president of the Assembly, opened it with an address to Napoleon, who listened with great nonchalance, and then said, "I hardly know what to make of you, gentlemen; it must depend on the events in Spain. And, then, are you of consequence sufficient to constitute a separate people? Have you enough of size to do so? What is the population of Portugal? Two millions, is it?" "More than three, sire," replied the Count. "Ah, I did not know that. And Lisbonare there a hundred and fifty thousand inhabitants?" "More than double that number, sire." "Ah, I was not aware of that. Now, what do you wish to be, you Portuguese? Do you desire to become Spaniards?" "No!" said the Count de Lima, bluntly, and drawing himself up to his full height. Then Buonaparte broke up the conference.The evil of this state of things became so aggravated that all reasonable men on both sides felt it must be put a stop to somehow. In 1831 the organised resistance to the collection of tithes became so effective and so terrible that they were not paid, except where a composition had been made and agreements had been adopted. The terrified proctors gave up their dangerous occupation after some of their number had been victimised in the most barbarous manner; and although a portion of the clergy insisted on their rights, not merely for the sake of their incomes, but for the interest of the Church which they felt bound to defend, yet many had too much Christian spirit, too much regard for the interests of the Gospel, to persist in the collection of tithes at such a fearful cost. At Newtownbarry, in the county of Wexford, some cattle were impounded by a tithe-proctor. The peasantry assembled in large numbers to rescue them, when they came into collision with the yeomanry, who fired killing twelve persons. At Carrickshock there was a fearful tragedy. A number of writs against defaulters was issued by the Court of Exchequer, and entrusted to the care of process-servers, who, guarded by a strong body of police, proceeded on their mission with secrecy and despatch. Bonfires along the surrounding hills, however, and shrill whistles soon convinced them that the people were not unprepared for their visitors. But the yeomanry pushed boldly on; suddenly an immense assemblage of peasantry, armed with scythes and pitchforks, poured down upon them. A terrible hand-to-hand struggle ensued, and in the course of a few moments eighteen of the police, including the commanding officer, were slaughtered. The remainder consulted safety and fled, marking the course of their retreat by the blood that trickled from their wounds. A coroner's jury pronounced this deed of death as "wilful murder" against some persons unknown.[356] A large Government reward was offered, but it failed to produce a single conviction. At Castle-pollard, in Westmeath, on the occasion of an attempted rescue, the chief constable was knocked down. The police fired, and nine or ten persons were killed. One of the most lamentable of these conflicts occurred at Gurtroe, near Rathcormack, in the county of Cork. Archdeacon Ryder brought a number of military to recover the tithes of a farm belonging to a widow named Ryan. The assembled people resisted, the military were ordered to fire, eight persons were killed and thirteen wounded; and among the killed was the widow's son.

    by Daniel Nyari View on Dribbble

    FORE:

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  • THREE:The court-house on the day of nomination presented a striking scene. On the left hand of the sheriff stood a Cabinet Minister, attended by the whole body of the aristocracy and gentry, Protestant and Catholic, of the county Clare. On the right stood Mr. O'Connell, with scarcely a single gentleman by his side. But he was "the man of the people" and of the priests, and so he was master of the situation. Mr. Vesey Fitzgerald was proposed by Sir Edward O'Brien, and seconded by Sir A. Fitzgerald. The Ministerial candidate first addressed the freeholders. He was an accomplished gentleman and an excellent speaker. Mr. Sheil, who was present, remarked that he delivered one of the most effective and dexterous speeches it had ever been his fortune to hear. His venerable father, who had voted against the union in the Irish Parliament, was now on his death-bed, and the knowledge of the[274] contest had been kept from him, lest the excitement should hasten his departure. In alluding to him, and to his own services to the county, Mr. Fitzgerald's eyes filled with tears, and there were few amongst his opponents, excited as they were against him, who did not give the same evidence of emotion; and when he sat down, although the great majority of the audience were strongly opposed to him, and were enthusiasts in favour of the rival candidate, a loud and unanimous burst of acclamation shook the court-house.

    by Daniel Nyari View on Dribbble

    FORE:Undaunted by this display of prelatical bigotry, Lord Stanhope immediately gave notice of a Bill to prevent a tyrannical exercise of severity towards Quakers, whose principles did not permit them to pay tithes, church-rates, or Easter offerings; this he did on the 3rd of July of the same year. By the 7 and 8 William III. two justices of peace could order a distress on a Quaker for tithes under the value of ten pounds; and by 1 George I. this power was extended to the non-payment of Easter and other dues; but his Lordship showed that of late the clergy had preferred to resort to an Act of Henry VIII., a time when Quakers did not exist, which empowered the clergy, by warrant from two justices of peace, to seize the persons of the defaulters and throw them into prison, where, unless they paid the uttermost farthing, they might remain for life. Thus the clergy of the eighteenth century in England were not satisfied with the humane enactments of William III. or George I., by which they could easily and fully obtain their demands, but they thirsted for a little vengeance, a little of the old enjoyment of imprisoning and tormenting their neighbours, and therefore went back to the days of the brutal Henry VIII. for the means. They had, two months before, thrown a Quaker of Worcester into gaol for the non-payment of dues, so called, amounting to five shillings, and there was every prospect that he might lie there for life. At Coventry six Quakers had lately been prosecuted by the clergyman for Easter offerings of the amount of fourpence each; and this sum of two shillings amongst them had, in the ecclesiastical court, been swelled to three hundred pounds. For this three hundred pounds they were cast into prison, and might have lain there for life, but being highly respected by their townsmen, these had subscribed the money and let them out. But this, his Lordship observed, would prove a ruinous kindness to the Quakers, for it would whet the avarice of the clergy and proctors to such a degree that the people of that persuasion would everywhere be hunted down without mercy for small sums, which might be recovered at once by the simple process of distraint. He declared that he would have all clerical demands satisfied to the utmost, but not by such means, worthy only of the dark ages; and he therefore, in this Bill, proposed the repeal of the obnoxious Act of 27 Henry VIII. But the glutting of their vengeance was too precious to the clergy of this period, and the Bill was rejected without a division.SIR SAMUEL ROMILLY.

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THREE:One Samuel Downie was next arraigned on the[440] same charges, on the 5th of September, as an accomplice of Watt. But it appeared that he had been rather the dupe of Watt and the spy-employing Government than anything else; and though the jury pronounced him guilty, they recommended him to mercy. He was respited and eventually pardoned; but Watt underwent his sentence, so far as being hanged and beheaded,a warning to spies how they trusted a Government equally faithless to the people and to the tools by which they sought to betray them.
THU 14 May, 2015
FORE:The best excuse for George II.'s apparent sluggishness was, that the French were now so closely pressed by concentrating armies. Prince Charles of Lorraine and the Austrians were pressing De Broglie so hotly that he was glad to escape over the Rhine near Mannheim; and Noailles, thus finding himself between two hostile armies, followed his example, crossed over the Rhine to Worms, where, uniting with Broglie, they retreated to their own frontier at Lauter, and thus the Empire was cleared of them. The Emperor Charles now suffered the fate which he may be said to have richly deserved. He was immediately compelled to solicit for peace from Austria through the mediation of George of England and Prince William of Hesse. But Maria Theresa, now helped out of all her difficulties by English money and English soldiers, was not inclined to listen to any moderate terms, even when proposed by her benefactor, the King[86] of England. The Emperor was down, and she proposed nothing less than that he should permanently cede Bavaria to her, or give up the Imperial crown to her husband. Such terms were not to be listened to; but the fallen Emperor finally did conclude a treaty of neutrality with the Queen of Hungary, by which he consented that Bavaria should remain in her hands till the conclusion of a peace. This peace the King of England and William of Hesse did their best to accomplish; and Carteret, who was agent for King George, had consented that on this peace England should grant a subsidy of three hundred thousand crowns to the Emperor. No sooner, however, did the English Ministers receive the preliminaries of this contract, than they very properly struck out this subsidy, and the whole treaty fell to the ground.

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THU 14 May, 2015
FORE:On the 26th of March the Marquis of Chandos made an attempt to obtain some relief for the agricultural interest, which was then in a very depressed state, and the measure he proposed was the abolition of the malt tax, which brought in the sum of 4,812,000. Sir Robert Peel prophesied that if this tax were abolished they would be in for a property tax. He said: "My prophecy is, that if you repeal this tax you will make an income tax necessary; to that, be assured, you must come at last, if you repeal the malt tax. You will lay your taxes on articles of general consumptionon tobacco, on spirits, on wineand you will meet with such a storm that will make you hastily recede from your first advances towards a substitute. To a property tax, then, you must come; and I congratulate you, gentlemen of the landed interest, on finding yourselves relieved from the pressure of the malt tax, and[382] falling on a good, comfortable property tax, with a proposal, probably, for a graduated scale. And you who represent the heavy land of this country, the clay soilsthe soils unfit for barleyI felicitate you on the prospect that lies before you. If you think that the substitute will be advantageous to your interests, be it so; but do notwhen hereafter you discover your mistakedo not lay the blame upon those who offered you a timely warning, and cautioned you against exchanging the light pressure of a malt duty for the scourge of a property tax." The motion was rejected by a majority of 350 to 192.

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THU 14 May, 2015
FORE:But at length the thunder of the Russian cannon roused him from this delirious dreaming. Kutusoff, inducing Murat by a stratagem to declare the armistice at an end, attacked his position and defeated him, with a loss of two thousand men killed, and one thousand five hundred taken prisoners. He took his cannon and baggage, and drove him from his entrenchments. The only food found in the French camp was horseflesh and flayed cats; the King of Naples had no better for his tablethus showing the miserable straits to which they were reduced. On the 19th of October Buonaparte marched out of Moscow, leaving, however, a strong garrison in the Kremlin, under Mortier, for it would appear that he still intended to return thither. The army which followed him still consisted of nearly one hundred and twenty thousand men, accompanied by five hundred and fifty pieces of cannon, and two thousand artillery waggons. Buonaparte spoke with affected cheerfulness to his generals, saying that he would march by Kaluga to the frontiers of Poland, where they would go into comfortable winter quarters. After the army came another host of camp-followers of French who had been resident at Moscow but dared not remain behind, and a vast train of carriages loaded with baggage and the spoils of Moscow.[49]

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THREE:At length General Pollock found himself in a position to advance for the relief of the garrison, and marched his force to Jumrood. On the 4th of April he issued orders for the guidance of his officers. The army started at twilight, without sound of bugle or beat of drum. The heights on each side of the Khyber Pass were covered with the enemy, but so completely were they taken by surprise that our flankers had achieved a considerable ascent before the Khyberese were aware of their approach. The enemy had thrown across the mouth of the Pass a formidable barrier, composed of large stones, mud, and heavy branches of trees. In the meantime the light infantry were stealing round the hills, climbing up precipitous cliffs, and getting possession of commanding peaks, from which they poured down a destructive fire upon the Khyberese, who were confounded by the unexpected nature of the attack. The confidence which arose from their intimate knowledge of the nature of the ground now forsook them, and they were seen in their white dresses flying in every direction across the hills. The centre column, which had quietly awaited the result of the outflanking movements by the brave and active light infantry, now moved on, determined to enter the Pass, at the mouth of which a large number of the enemy had been posted; but finding themselves outflanked, these gradually retreated. The way was cleared, and the long train of baggage, containing ammunition and provisions for the relief of Jelalabad, entered the formidable defile. The heat being intense, the troops suffered greatly from thirst; but the sepoys behaved admirably, were in excellent spirits, and had a thorough contempt for the enemy. It was now discovered that their mutinous spirit arose from the conviction that they had been sacrificed by bad generalship. Ali Musjid, from which the British garrison had made such a disastrous and ignominious retreat, was soon triumphantly reoccupied. Leaving a Sikh force to occupy the Pass, General Pollock pushed on to Jelalabad. Writing to a friend, he said, "We found the fort strong, the garrison healthy, and, except for wine and beer, better off than we are. They were, of course, delighted to see us; we gave three cheers as we passed the colours, and the band of each regiment played as it came up. It was a sight worth seeing; all appeared happy. The band of the 13th had gone out to play them in, and the relieving force marched the last few miles to the tune, 'Oh, but you've been long a-coming!'"
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In the month of April arrived the permission for Sir William Howe to retire, and, although he was one of the five Commissioners named for carrying into effect the proposals in Lord North's Bill, he determined to leave at the earliest day for England. Lord Howe, the Admiral, was equally impatient to return, but Lord Sandwich had informed him that it would be considered a great misfortune for him to quit his command in the present circumstances. This was, in fact, an order for his remaining, which the breaking out of the war with France, and the expected arrival of a French fleet, rendered doubly imperative.[256] Sir Henry Clinton was appointed to succeed Sir William Howe, and, the former having arrived in Philadelphia, Howe departed. Scarcely had Clinton assumed the command, when an order arrived from the Government at home to abandon Philadelphia, and concentrate his forces at New York. The French fleet under D'Estaing was on its way, and it was considered that we had not a fleet of sufficient strength to beat them back from the mouth of the Delaware.This signal and unexpected defeat seemed to rouse the Government to a fresh effort for victory over the triumphant bookseller. The Lord Chief Justice Ellenborough, who was not accustomed to let juries and the accused off so easily, rose from his sick bed, where he was fast drifting towards the close of his career. The defendant was called into court the next morning, the 19th of December. There sat Ellenborough, with a severe and determined air. Abbott sat by his side. Hone this time was charged with having published an impious and profane libel, called "The Litany, or General Supplication." The Attorney-General again asserted that, whatever might be the intention of the defendant, the publication had the effect of bringing into contempt the service of the Church. Hone opened his books to recommence the reading of parallel productions of a former day, or by persons high in esteem in the Church, but this was precisely what the invalid Lord Chief Justice had left his bed to prevent. The judge told him all that was beside the mark, but Hone would not allow that it was so, opened his books, and read on in spite of all attempts to stop him. Never had Ellenborough, not even in his strongest and best days, been so stoutly encountered; scarcely ever had such a scene been witnessed in the memory of man. The spectators showed an intense interest in the combat, for such it was, and it was evident that the general sympathy went with the accused, who put forth such extraordinary and unlooked-for power. The exhausted Chief Justice was compelled to give way, and Hone went on reading one parody after another, and dwelt especially on the parodies of the Litany which the Cavaliers wrote to ridicule the Puritan Roundheads. When he had done, the Lord Chief Justice addressed the jury in a strain of strong direction to find a verdict for the Crown. He said "he would deliver the jury his solemn opinion, as he was required by the Act of Parliament to do; and under the authority of that Act, and still more in obedience to his conscience and his God, he pronounced this to be a most impious and profane libel. Believing and hoping that they, the jury, were Christians, he had no doubt but they would be of the same opinion." This time the solemn and severe energy of the Lord Chief Justice seemed to have made an impression on part of the jury, for they took an hour and a half to determine their verdict, but they again returned one of Not Guilty.In Italy the French had been as unfortunate as they had been fortunate in Flanders. In November of 1746 the Austrians and Sardinians, assisted by a British fleet, had entered Provence and bombarded Antibes. They were recalled, however, by the news that the Genoese had revolted, and thrown off the Austrian yoke. In their retreat they were harassed by Marshal de Belleisle, laid siege to Genoa in vain, and began to quarrel amongst themselves. The French, to complete their own[113] discomfiture, marched another army into Italy under the brother of Belleisle; but they were stopped in the Pass of Exilles, and defeated, with the loss of four thousand men and of their commander, the Chevalier de Belleisle.
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