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Nor did these terms contain anything like the extent of tyranny imposed on the conscience of the nation by these monarchs. By the 29 Elizabeth it was provided that what right or property any person might dispose of, or settle on any of his[162] family, should still be liable to these penalties if the proprietor and disposer of them neglected to go to church. So that a son might be deprived of lands or other property settled upon him at his marriage, or at any other time, if his father ceased to attend church, though he himself went punctually; and by the 21 James I. the informers were stimulated by great rewards to lay complaints against all whom they could discover offending. And, moreover, any person was to be considered an absentee from church, and liable to all the penalties, who did not remain in church during the whole time of the service; and, also, not only on Sundays, "but upon all the other days ordained and used to be kept as holidays." All these odious enactments were left in force by the Toleration Act, except that they did not compel every one to go to church, but to some licensed place of worship.

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THREE:THE ENGLISH PLENIPOTENTIARIES INSULTED IN THE STREETS OF UTRECHT. (See p. 7.)Lord Wellington came up with him on the 9th of April, in the meantime having had to get across the rapid Garonne, with all his artillery and stores, in the face of the French batteries. The next morning, the 10th, being Easter Sunday,[76] Wellington attacked Soult in all his positions. These were remarkably strong, most of his troops being posted on well-fortified heights, bristling with cannon, various strongly-built houses being crammed with riflemen; while a network of vineyards and orchards, surrounded by stone walls, and intersected by streams, protected his men, and rendered the coming at them most difficult. The forces on both sides were nearly equal. Soult had about forty-two thousand men, and Wellington, besides his army composed of British, Germans, and Portuguese, had a division of fifteen thousand Spaniards. The difficulties of the situation far out-balanced the excess of about three thousand men on the British side; but every quarter was gallantly attacked and, after a severe conflict, carried. Soult retired into Toulouse, and during the ensuing night he evacuated it, and retreated to Carcassonne. The loss of the Allies in killed was six hundred, and about four thousand wounded. Soult confessed to three thousand two hundred killed and wounded, but we may calculate his total loss at little less than that of the Allies, although his troops had been protected by their stone walls and houses.

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THREE:Whilst these movements had been progressing, very different ones had been in development in the north. The British Government, with the fatality which distinguished nearly all its counsels in this war, had thought proper to take the command of the army destined to operate by way of Canada on the northern colonies, from Sir Guy Carleton, and to confer it on General Burgoyne. The campaign had been plannednot by experienced military men on the spot, capable of estimating the difficulties of the enterprise, but in the Cabinet at home, directed by defective maps, and still more defective information.

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FORE:Mr. Morgan O'Connell soon found that he had no sinecure in undertaking to give satisfaction with the pistol for all his father's violations of the code of honour. Shortly after, Mr. Daniel O'Connell referred, in strong language, to an attack made upon him by Mr. Disraeli at Taunton:"In the annals of political turpitude, there is not anything deserving the appellation of black-guardism to equal that attack upon me.... He possesses just the qualities of the impenitent thief who died upon the Cross; whose name, I verily believe, must have been Disraeli. For aught I know, the present Disraeli is descended from him; and with the impression that he is, I now forgive the heir-at-law of the blasphemous thief who died upon the Cross." When Mr. Disraeli read this tremendous philippic, he wrote to Mr. Morgan O'Connell for satisfaction, which the latter denied his right to demand. He had not seen the attack, nor was he answerable for his father's words, though he had taken up his quarrel with Lord Alvanley. Not being able to get satisfaction by means of pistols, he had recourse to the pen; and, certainly, if O'Connell's attack was violent, the retaliation was not of the meekest. However, ink alone was spilt.But the Nabob of Oude held out new temptations of gain to Hastings. The Rohillas, a tribe of Afghans, had, earlier in the century, descended from their mountains and conquered the territory lying between the Ganges and the mountains to the west of Oude. They had given it the name of Rohilcund. These brave warriors would gladly have been allies of the British, and applied to Sujah Dowlah to bring about such an alliance. Dowlah made fair promises, but he had other views. He hoped, by the assistance of the British, to conquer Rohilcund and add it to Oude. He had no hope that his rabble of the plains could stand against this brave mountain race, and he now artfully stated to Hastings that the Mahrattas were at war with the Rohillas. If they conquered them, they would next attack Oude, and, succeeding there, would descend the Ganges and spread over all Bahar and Bengal. He therefore proposed that the British should assist him to conquer Rohilcund for himself, and add it to Oude. For this service he would pay all the expenses of the campaign, the British army would obtain a rich booty, and at the end he would pay the British Government besides the sum of forty lacs of rupees. Hastings had no cause of quarrel with the Rohillas, but for the proffered reward he at once acceded to the proposal. In April, 1774, an English brigade, under Colonel Champion, invaded Rohilcund, and in a hard-fought field defeated the Rohillas. In the whole of this campaign nothing could be more disgraceful in every way than the conduct of the troops of Oude. They took care to keep behind during the fighting, but to rush forward to the plunder. The Nabob and his troops committed such horrors in plundering and massacreing not only the Rohillas, but the native and peaceful Hindoos, that the British officers and soldiers denounced the proceedings with horror. It was now, however, in vain that Hastings called on the Nabob to restrain his soldiers, for, if he did not plunder, how was he to pay the stipulated forty lacs of rupees? and if he ruined and burnt out the natives, how were they, Hastings asked, to pay any taxes to him as his new subjects? All this was disgraceful enough, but this was not all. Shah Allum now appeared upon the scene, and produced a contract between[326] himself and the Nabob, which had been made unknown to Hastings, by which the Nabob of Oude stipulated that, on condition of the Mogul advancing against the Rohillas from the south of Delhi, he should receive a large share of the conquered territory and the plunder. The Nabob now refused to fulfil the agreement, on the plea that the Mogul ought to have come and fought, and Hastings sanctioned that view of the case, and returned to Calcutta with his ill-gotten booty.

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FORE:[46]If Pitt had possessed the far-seeing genius of his father Chatham, it was at this moment in his power, as the ally of Turkey, to have stepped in and given a blow to the ambitious designs of Russia which would have saved a far more arduous and costly effort for that very purpose afterwards. Russia had spared no pains to insult Britain, especially since the unfortunate contest on account of America. It was certain that if she once obtained Turkey she would become a most troublesome power in the Mediterranean; and it now required only the dispatch of a tolerable fleet to the Baltic, and of another to the Black Sea, to annihilate in a few days every vestige of her maritime force. Such a check would have caused her to recoil from her Eastern aggressions for the purpose of defending her very existence at home. Holland was bound to us by the re-establishment of the Prince of Orange, our fast friend, whom Pitt, with the assistance of Prussia, had restored to the throne, whence he had been driven by his democratic subjects, in spite of the assistance given to the rebels by France; we were at peace with Prussia; France was engrossed inextricably with her own affairs; Denmark was in terror of us; and Sweden longed for nothing so much as to take vengeance for Russian insults and invasions. Catherine's fleets destroyed, Sweden would have full opportunity to ravage her coasts, and to seek the recovery of her Finnish dominions. But Pitt contented himself with diplomacy. Instead of destroying the Russian fleet in the Baltic, or of attacking it in the Mediterranean the moment it commenced its operations on the Turkish dependencies, and then clearing the Black Sea of their ships, he contented himself with issuing a proclamation in the London Gazette, forbidding English seamen to enter any foreign service, and commanding the owners of the vessels engaged by Russia to renounce their contracts. Thus the fleet before Oczakoff was left to operate against the Turks, and the fleet in the Baltic was detained there.

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FORE:To this communication Sir Robert Peel returned the following reply:"Sir Robert Peel presents his humble duty to your Majesty, and has had the honour of receiving your Majesty's note this morning. Sir Robert Peel trusts that your Majesty will permit him to state to your Majesty his impression with respect to the circumstances which have led to the termination of his attempts to form an Administration for the conduct of your Majesty's service. In the interview with which you honoured Sir Robert Peel yesterday morning, after he had submitted to your Majesty the names of those he proposed to recommend to your Majesty for the principal executive appointments, he mentioned to your Majesty his earnest wish to be enabled, by your Majesty's sanction, so to constitute your Majesty's Household that your Majesty's confidential servants might have the advantage of a public demonstration of your Majesty's full support and confidence, and at the same time, so far as possible, consistent with such demonstration, each individual appointment in the Household should be entirely acceptable to your Majesty's personal feelings. On your Majesty's expressing a desire that the Earl of Liverpool should hold an office in the Household, Sir Robert Peel immediately requested your Majesty's permission at once to confer on Lord Liverpool the office of Lord Steward, or any other office which he might prefer. Sir Robert Peel then observed that he should have every wish to apply a similar principle to the chief appointments which are filled by the Ladies of your Majesty's Household; upon which your Majesty was pleased to remark, that you must retain the whole of these appointments, and that it was your Majesty's pleasure that the whole should continue as at present, without any change. The Duke of Wellington, in the interview to which your Majesty subsequently admitted him, understood also that this was your Majesty's determination, and concurred with Sir Robert Peel in opinion that, considering the great difficulties of the present crisis, and the expediency of making every effort, in the first instance, to conduct the public business of the country with the aid of the present Parliament, it was essential to the success of the mission with which your Majesty had honoured Sir Robert Peel that he should have such public proof of your Majesty's entire support and confidence, as would be afforded by the permission to make some changes in your Majesty's Household, which your Majesty resolved on maintaining entirely without change. Having had the opportunity, through your Majesty's gracious consideration, of reflecting upon this point, he humbly submits to your Majesty that he is reluctantly compelled, by a sense of public duty, and of the interests of your Majesty's service, to adhere to the opinion which he ventured to express to your Majesty." Subsequent explanations proved that the gaucherie of Sir Robert Peel was chiefly responsible for the crisis. He was right in principle, but he was wrong in the abrupt manner in which he appeared to force the change of the Ladies upon the Queen. The Duke, with his usual shrewdness, had foreseen that the accession of a female Sovereign would place the Conservatives at a disadvantage, because, said he, "Peel has no manners, and I have no small talk."

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Lord Durham at once resigned, and was succeeded by Mr. Poulett Thomson, afterwards Lord[448] Sydenham, who fully adopted his policy, which was ably expounded in an important report from the pen of Mr. Charles Buller, with additions by Gibbon Wakefield. It was characterised by profound statesmanship, and was the basis of the sound policy which has made united Canada a great and flourishing State. Meanwhile, the returned prisoners from Bermuda showed their sense of the leniency with which they had been treated by immediately reorganising the rebellion. Sir John Colborne, the commander-in-chief, who had, on Lord Durham's departure, assumed provisionally the government of the colonies, thereupon proclaimed martial law, and stamped out the insurrection. Only twelve of the principal offenders were ultimately brought to trial, of whom ten were sentenced to death, but only four were executed. The persons convicted of treason, or political felony, in Upper Canada, from the 1st of October, 1837, to the 1st of November, 1838, were disposed of as follows:pardoned on giving security, 140; sentenced to confinement in penitentiary, 14; sentenced to banishment, 18; transported to Van Diemen's Land, 27; escaped from Fort Henry, 12. The American prisoners had been sent to Kingston, and tried by court-martial on the 24th of November. Four of them were sentenced to death, and executed, complaining of the deception that had been practised on them with regard to the strength of the anti-British party, and the prospects of the enterprise. Five others were afterwards found guilty and executed. The American Government, though deprecating those executions on grounds of humanity, disclaimed all sanction or encouragement of such piratical invasions, and denied any desire on its part for the annexation of Canada.[See larger version][52]But they were not then in the position of a beleaguered garrison. Before relief came, they had won a victory that covered them with glory. The troops had been in the highest pluck, and never seemed so happy as when they could encounter any portion of the enemy. In this state of feeling an idea began to take possession of the officers that they were able to capture Mahomed Akbar's camp. A false report had come to the Sirdar, that General Pollock had been beaten back with great slaughter in the Khyber Pass; and in honour of this event his guns fired a royal salute. A rumour also reached the garrison that there had been a revolution at Cabul, and that the enemy was obliged to break up his camp and hasten back to the capital. Whether either or both these reports should prove true, the time seemed to have come for General Sale to strike a blow. A council of war was held; the general would have shrunk from the responsibility of an attack upon the camp; but he was dissuaded by Havelock. Akbar Khan, at the head of 6,000 men, was aware of their approach and ready to receive them. On issuing from the gate, General Sale had ordered Colonel Dennie forward, to attack a small fort, from which the enemy had often molested the garrison. The colonel, at the head of the brave 13th, rushed to the fort; but having entered the outer wall, they found themselves exposed to a murderous fire from the defences of the inner keep. There Colonel Dennie received a mortal wound, a ball passing through his sword-belt. Sale now gave orders for a general attack on the enemy's camp, and in his despatch he thus describes the result:"The artillery advanced at a gallop, and directed a heavy fire upon the Afghan centre, whilst two of the columns of infantry penetrated the line near the same point, and the third forced back its left from its support on the river, into the stream of which some of his horse and foot were driven. The Afghans made repeated attempts to check our advance by a smart fire of musketry, by throwing forward heavy bodies of horse, which twice threatened the detachments of foot under Captain Havelock, and by opening upon us three guns from a battery screened by a garden wall, and said to have been served under the personal superintendence of the Sirdar. But in a short time they were dislodged from every point of their position, their cannon taken, and their camp involved in a general conflagration. The battle was over, and the enemy in full retreat, by about seven a.m. We have made ourselves masters of two cavalry standards, re-captured four guns lost by the Cabul and Gundamuk forcesthe restoration of which to our Government is matter of much honest exultation among the troopsseized and destroyed a great quantity of material and ordnance stores, and burnt the whole of the enemy's tents. In short, the defeat of Mahomed Akbar, in open field, by the troops whom he had boasted of blockading, has been complete and signal. The field of battle was strewed with the bodies of men and horses, and the richness of the trappings of some of the latter seemed to attest that persons of distinction were among the fallen. The loss on our side was remarkably smallseven privates killed, and three officers and fifty men wounded."
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