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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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The report was agreed to, the impeachment was voted, and Burke, attended by the majority of the House, on the 10th of May, carried it up to the Lords. On the motion of Burke, Warren Hastings was then taken into custody, and delivered over to the Lords, who bound him to appear to take his trial, when called upon, in a bond of twenty thousand pounds himself, and Messrs. Sullivan and Sumner as his sureties in ten thousand pounds each.
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    FORE:Austria, the centre of despotic power on the Continent, the model of absolutism, in which the principle of Divine Right was most deeply rooted, enjoyed peace from 1815, when Europe was tranquillised by the Holy Alliance, down to 1848, when it felt in all its force the tremendous shock of revolution. During that time Prince Metternich ruled the Austrian Empire almost autocratically. This celebrated diplomatist was the greatest champion and most powerful protector in Europe of legitimacy and ultra-conservatism. The news of the French Revolution reached Vienna on the 1st of March; and no censorship of the press, no espionage, no sanitary cordon designed to exclude the plague of revolution, could avert its electric influence, or arrest its momentous effects. On the 13th the people rose, defeated the Imperial troops, forced Metternich to fly, and the emperor to promise constitutional reforms. The emperor and his family, however, soon felt that Vienna was too hot for them, and notwithstanding unlimited concessions, Ferdinand began to fear that his throne might share the fate of Louis Philippe's. Therefore, he secretly quitted the capital with the imperial family, on the evening of the 17th of May, 1848, alleging the state of his health as a reason for his flight, which took his Ministers quite by surprise. He proceeded to Innsbruck in Tyrol.
    FORE:The result produced intense excitement, and led to rioting and outrage in the metropolis, and in some of the provincial towns. In London, the Duke of Wellington, the Duke of Cumberland, and the Marquis of Londonderry, were assaulted in the street, and rescued with difficulty from the fury of the mob. Lord Londonderry, who had signalised himself during the debate by the violence of his opposition, was struck senseless from his horse by a shower of stones at the gate of the palace, amidst cries of "Murder him! Cut his throat!" Persons respectably dressed, and wearing ribbons round their arms, took the lead on these occasions, giving orders, and rushing from the crowd. The houses of the Duke of Newcastle, Lord Bristol, and all other anti-Reform peers, had been visited by the mob, and left without glass in their windows. All the shops in town were shut. "The accounts from Derbyshire, Nottinghamshire, and other places," wrote Lord Eldon, "are very uncomfortable. I heard last night that the king was frightened by the appearance of the people outside of St. James's."
    FORE:Soult, on the retreat of Sir John Moore, had taken possession of Ferrol, Bilbao, and the other principal towns in the north of Spain. He had then entered Portugal, and had marched to Oporto, which he took after a resistance of only two days; and Sir J. Cradock had retired to Lisbon. Soult was prevented from advancing farther by the rising of the Spaniards behind him in Galicia, who retook Vigo and other places; whilst Silviera, the Portuguese general, interposed between him and Galicia, and formed a junction with the Spaniards. Wellesley determined to expel Soult from Oporto, and did not hesitate to say that the French general could not long remain in Portugal. Leaving a division in Lisbon to guard the eastern frontiers of Portugal against the forces of Victor, who lay in Spanish Estremadura, Sir Arthur advanced towards Oporto with a celerity that astonished the French. He quitted Lisbon on the 28th of April, reached Coimbra, driving the French before him, and on the 9th of May he was advancing from that city on Oporto. By the 11th he was occupying the southern bank of the Douro, opposite to that city. Soult had broken down the bridges and sent away the boats, so that he might be able to retire at leisure into Galicia; but Sir Arthur managed to send across General Murray with a brigade, a few miles above Oporto, and a brigade of Guards also passed at the suburb of Villanova, and he discovered sufficient boats to carry over his main army just above the town. The French commenced a fierce attack on the British forces as they landed; but the first battalion, the Buffs, got possession of a large building called the Seminario, and held it till the other troops arrived. Major-General Hill soon brought up the 48th and 66th regiments; General Sherbrooke, who crossed the river below the town with the brigade of Guards and the 29th regiment, entered the town amid the acclamations of the people, and charged the French in the rear; and General Murray, about the same time, showed himself on the French left, above the town. Soult fled, leaving behind him his sick and wounded, and many prisoners, besides much artillery and ammunition. This taking of Oporto, in the face of a French force of ten thousand men, coupled with his having to cross the broad Douro, and that with very defective means of transit, was a most brilliant affair; and the most astonishing thing was, that Wellesley lost only twenty-three killed and ninety-eight wounded, whilst Soult's troops suffered severely.The news had the most instant effect across the Channel. All hesitation on the part of the French Court to enter into the treaty with the United States disappeared. The American Commissioners, Franklin, Deane, and Lee, were informed that the King of France was ready to make a treaty, claiming no advantage whatever, except that of trade with the States. It was intimated that this proceeding would, in all probability, involve France in a war with Great Britain, but that she would claim no indemnity on that score. The only condition for which she positively stipulated was, that America should, under no temptations, give up its independence, or return under the dominion of England. The two kingdoms were to make common cause, and assist each other against the common enemy. The Americans were to endeavour to make themselves masters of all the British territories that they could, and retain them as their rightful acquisition; the French to obtain whatever islands they could in the West Indies, and retain them. France did not venture to seek back the Canadas or Nova Scotia, well knowing that the Americans would not consent to have them there as neighbours. Neither country was to make peace with England without the other. Lee was to continue at Paris as the first American Ambassador there, and the treaty was to continue some weeks a secret, in order to obtain, if possible, the accession of Spain to it, which, however, they could not do then.
    FORE:The great difficulties of the Government at this time were the settlement of the questions with Spain of the right to cut logwood in the bay of Campeachy, and the retention of Gibraltar. The Spaniards had frequently resisted the cutting of logwood in the Bay of Campeachy by the English; and in 1717 the Marquis of Monteleone had presented a memorial against it; but the Board of Trade contended that the practice was of old standing, and amounted to a right. This representation was now laid before the House of Commons, and was backed by many petitions from the merchants of London and other places, complaining of the interruptions to their trade to the South American and West Indian colonies, which had been carried on by connivance rather than by actual permission of Spain. There was a great fermentation in the public mind on these subjects, and the Minister was accused of tamely submitting to national injuries. The nation seemed ready to rush into a war with Spain, and perhaps all the more so that the king, in his opening speech, had observed that "an actual war was preferable to such a doubtful peace, but that the exchange was very easy to be made at any time."
    FORE:Byng went in pursuit of the Spanish fleet, which was assisting in the conquest of Sicily, and came in sight of twenty-seven sail of the line,[41] with fire-ships, ketches, bombs, and seven galleys, drawn up in line of battle between him and Cape Passaro. So soon as they were clear of the straits, a council was held to determine whether they should fight or retreat. They came to no resolution, but continued to linger about in indecision till Byng was down upon them. Whereupon he utterly destroyed them (August 11, 1718).
    FORE:In America, such was the state of things, that a British commander there, of the slightest pretence to activity and observation, would have concluded the war by suddenly issuing from his winter quarters, and dispersing the shoeless, shirtless, blanketless, and often almost foodless, army of Washington. His soldiers, amounting to about eleven thousand, were living in huts at Valley Forge, arranged in streets like a town, each hut containing fourteen men. Such was the destitution of shoes, that all the late marches had been tracked in bloodan evil which Washington had endeavoured to mitigate by offering a premium for the best pattern of shoes made of untanned hides. For want of blankets, many of the men were obliged to sit up all night before the camp fires. More than a quarter of the troops were reported unfit for duty, because they were barefoot and otherwise naked. Provisions failed, and on more than one occasion there was an absolute famine in the camp. It was in vain that Washington sent repeated and earnest remonstrances to Congress; its credit was at the lowest ebb. The system of establishing fixed prices for everything had totally failed, as it was certain to do; and Washington, to prevent the total dispersion of his army, was obliged to send out foraging parties, and seize provisions wherever they could be found. He gave certificates for these seizures, but their payment was long delayed, and, when it came,[248] it was only in the Continental bills, which were fearfully depreciated, and contrasted most disadvantageously with the gold in which the British paid for their supplies.
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THREE:But in spite of Bute's incapacity the expeditions planned by Pitt were uniformly successful. The British fleets were everywhere busy attacking[174] the Spanish colonies, and cutting off the Spanish ships at sea. A fleet had been dispatched, under Admiral Rodney, at the latter end of the last year, against Martinique, carrying nearly twelve thousand men, commanded by General Monckton. They landed on the 7th of January at Cas de Navires, besieged and took Port Royal, the capital, St. Pierre, and, finally, the whole island. This was followed by the surrender of St. Vincent, Grenada, and St. Lucia, so that the English were now masters of the whole of the Caribbees. A portion of this squadron, under Sir James Douglas, then proceeded to join an expedition, which sailed from Portsmouth on the 5th of March; the fleet commanded by Admiral Sir George Pococke, and the army by the Earl of Albemarle. The squadron arrived before Havana on the 4th of JuneKing George's birthdayand effected a landing without much difficulty.[See larger version]

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THREE:The success of the Waverley Novels turned the main force of the genius and literary resources of the country into the ever widening channel of prose fiction. Many names of note appeared before the public as novel writers about that time. In Scotland, under the immediate shadow of the author of "Waverley," came John Galt, Mrs. Johnstone, Miss Ferrier, the Ettrick Shepherd, Allan Cunningham, Gibson Lockhart, Picken, Moir. In Ireland, and of Irish birth, there were Colley, Grattan, Crofton Croker, Banim, Gerald Griffin, Samuel Lover, and last, though not least, William Carleton. In England, and chiefly of English birth, were Mrs. Shelley, Peacock, Thomas Hope, Theodore and James Hook, Morier, Lister, Ward, Gleig, Horace Smith, Miss Mitford, Mrs. Gore, Mrs. Trollope, Captain Marryat, and Mr. James.
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THREE:REVOLUTION IN PARIS: CAPTURE OF THE H?TEL DE VILLE. (See p. 316.)
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    FREE TRADE HALL, MANCHESTER. (From a Photograph by Frith and Co., Reigate.)We left Wellington occupying his impregnable lines at Torres Vedras during the winter, and Massena occupying Santarem. Buonaparte thought he could suggest a mode of putting down the provoking English general which Massena did not seem able to conceive. After studying the relative situations of the belligerents, he sent word to Soult to make a junction with Massena by crossing the Tagus, and then, as he would be much superior in strength, to continually attack Wellington, and cause him, from time to time, to lose some of his men. He observed that the British army was small, and that the people at home were anxious about their army in Portugal, and were not likely to increase it much. Having thus weakened Wellington, as soon as the weather became favourable they were to make an attack from the south bank of the Tagus. But there were two difficulties to overcome of no trivial character in this plan. Wellington was not the man to be drawn into the repeated loss of his men, and the Tagus was too well guarded by our fleet and by batteries for any chance of taking him in the rear. However, Napoleon sent Massena a reinforcement, under General Drouet, who carried along with him a great supply of provisions: he assembled an army in the north of Spain, under Bessires, of seventy thousand men, and Soult moved from Cadiz, leaving Sebastiani to continue the blockade, and advanced to make the ordered junction with Massena. But he deemed it necessary, before crossing into southern Portugal, to take possession of Badajoz. In his advance, at the head of twenty thousand men, he defeated several Spanish corps, and sat down before Badajoz towards the end of February. Could Massena have maintained himself at Santarem, this junction might have been made; but, notwithstanding the provisions brought by Drouet, he found that he had no more than would serve him on a retreat into Spain. He had ten thousand of his army sick, and therefore, not waiting for Soult, he evacuated Santarem on the 5th of March, and commenced his march Spain-ward. Wellington was immediately after him, and the flight and pursuit continued for a fortnight. To prevent Massena from finding a temporary refuge in Coimbra, Wellington ordered Sir Robert Wilson and Colonel Trant to destroy an arch of the bridge over the Mondego, and thus detain him on the left bank of that river[14] till he came up. But Massena did not wait; he proceeded along a very bad road on the left bank of the river to Miranda, on the river Coira. Along this track Massena's army was sharply and repeatedly attacked by the British van under Picton, and suffered severely. Ney commanded the rear-division of the enemy, and, to check the advance of the British, he set fire to the towns and villages as he proceeded, and, escaping over the bridge on the Coira, he blew it up. But before this could be effected, Picton was upon him, accompanied by Pack's brigade and a strong body of horse, and drove numbers of the French into the river, and took much baggage. Five hundred French were left on the ground, and to facilitate their flight from Miranda, which they also burnt, they destroyed a great deal more of their baggage and ammunition. Lord Wellington was detained at the Coira, both from want of means of crossing and from want of supplies; for the French had left the country a black and burning desert. The atrocities committed by the army of Massena on this retreat were never exceeded by any host of men or devils. The soldiers seemed inspired with an infernal spirit of vengeance towards the Portuguese, and committed every horror and outrage for which language has a name. The Portuguese, on the other hand, driven to madness, pursued them like so many demons, cutting off and destroying all stragglers, and shooting down the flying files as they hurried through the woods and hills. The whole way was scattered with the carcases of the fugitives.But the Peace of Vienna was now concluded, and, on the 30th of October, Baron Lichtenthurm appeared in the camp of the Tyrolese, and delivered a letter to the leaders from the Archduke John, requesting them peaceably to disperse, and surrender the country to the Bavarians. This was a terrible blow to these brave men. They appeared prostrated by the news, and Hofer announced to Spechbacher, who was still fighting with the Bavarians, that peace was made with France, and that the Tyrol was forgotten! Hofer returned to his native vale of Passeyr, and still held out against the French, and the Italian mercenaries under Rusca, whom he defeated with great slaughter. But traitors were amongst them, who guided the French to their rear. Hofer escaped into the higher Alps, but thirty of the other leaders were taken and shot without mercy. Another traitor guided the French to Hofer's retreat in the high wintry Alps. He had been earnestly implored to quit the country, but he refused. As the French surrounded his hut, on the 17th of February, 1810, he came out calmly and submitted. He was carried to the fortress of Mantua, and Napoleon sent an order that he should be shot within four-and-twenty hours. He would not suffer himself to be blindfolded, nor would he kneel, but exclaimed"I stand before my Creator, and, standing, I will restore to Him the spirit He gave!" Thus died, on the 20th of February, 1810, the brave Hoferanother murdered man, another victim of the sanguinary vengeance of Buonaparte against whatever was patriotic and independent.Lord Howe now prepared to attack New York, where Washington had about thirty thousand men. But the latter's troops were ill-equipped, and deficient in discipline. Washington expected that Howe would attack New York by the way of Long Island, and so he had posted nine thousand men at Brooklyn, nearly opposite to it, behind entrenchments thrown up by General Greene. Greene had been attacked by fever; and General Putnam, who had taken his post, was but indifferently acquainted with the position of the forces and the nature of the ground they would have to defend with a rabble of most insubordinate troops. In these circumstances General Howe, on the morning of the 22nd of August, threw over from Staten Island into Long Island four thousand men, under the command of General Clinton. They landed in Gravesend Bay, under cover of the artillery of three frigates and two bombs. The rest of the army followed with the artillery. Washington hastened over from New York to strengthen General Sullivan, who was in command on the island. He posted no less than fifteen thousand men along a peninsula at that end of the island facing New York.
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