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Indeed, Mr. O'Connell's agitating tour in the North of England and in Scotland was in effect a crusade against the Lords. In a speech which he addressed to an immense assemblage of the working classes of Manchester, he said, if there were only one House of Parliament, a majority of that House, perhaps a faction, might become the rulers of the entire nation. He was, therefore, for two Houses, but they should be honest and competent. Why should a man be a legislator because his father was one? It was as reasonable to expect that a man would be a good tailor on the hereditary principle. The Lords had proved themselves to be arrant botchers in the work of[393] legislation. Were they to have 170 masters of that class? He then proceeded in this strain:"Will you endure that any gang or banditti, I care not by what name you call them, should treat you contemptuously? In one word, I call them rogues. We must put down the House of Lords. Ye are miserable minions of power. Ye have no choice for yourselves till that House be thoroughly reformed. Let the king retain his prerogative of raising men to that rank and station to which they may be eligible. Let every 200,000 men in Great Britain and Ireland select one lord from this list; that will give you 120 for the 24,000,000; let them be re-eligible every five years, and you will have a steady Chamber." Still, the outrageous attacks of Mr. O'Connell gave much offence, and when, on his return to Dublin after his crusade, he was invited to dinner by the Lord-Lieutenant, a violent storm was raised against the Government, and the king was greatly indignant.

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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.Misery and privation in large masses of people naturally engender disaffection, and predispose to rebellion; and this was the state of things in Ireland at the beginning of the memorable year of 1848. O'Connell had passed away from the scene. On the 28th of January, 1847, he left Ireland, never to return. He went to London for the purpose of attending his Parliamentary duties, but shortly after his arrival there he went for benefit of his health to Hastings. But a still greater change of scene and climate was found necessary, and he embarked for France, and proceeding to Paris, he was received with great consideration by the Marquis of Normanby, and other distinguished persons. In reply to a complimentary address from the electoral committee, of which Montalembert was chairman, O'Connell said, "Sickness and emotion close my mouth. I would require the eloquence of your president to express to you all my gratitude. But it is impossible for me to say what I feel. Know, simply, that I regard this demonstration on your part as one of the most significant events of my life." He went from Paris to Lyons, where he[562] became much weaker. In all the French churches prayers were offered on behalf of "Le clbre Irlandais, et le grand librateur d'Irlande." At Marseilles he became rather better; but at Genoa death arrested his progress. He expired on the 15th of May (1847), apparently suffering little pain. He was on his way to Rome, intending to pay his homage in person to Pius IX., but finding this impossible, he ordered that his heart might be sent to Rome, and his body to Ireland. It has been remarked that O'Connell was the victim of the Irish famine, and that its progress might have been learnt from the study of his face. The buoyancy had gone out of his step; he had become a stooping and a broken-down man, shuffling along with difficulty, his features betraying despondency and misery. His memory was respected by Englishmen, because of the devotion of his life to the service of his country. Born of a conquered race and a persecuted religion, conscious of great energies and great talents, he resolved to make every Irishman the equal of every Englishman. After the labours of a quarter of a century he obtained Catholic Emancipation.All this time, too, the brave Tyrolese were in open revolt, so that the success of Austria would have instantly produced a universal rising of the country. But for six weeks the Austrians continued to allow Napoleon to keep open his communication with Vienna, whence he procured every material for building, not one bridge, but three; timber, cordage, iron, and forty engines to drive the piles, were procured from its ample magazines. Besides building the bridges, Buonaparte had quickly fortified the island, and placed batteries so as to prevent any successful attack upon him, whilst he was now furnished with the means of issuing from the island almost at pleasure. Since their being cooped up on Lobau, the French had received numerous reinforcements; and though the Archduke John was marching to join the Archduke Charles, Eugene Beauharnais was close at his heels, continually harassing him and compelling him to fight. On the frontiers of Hungary, the town of Raab ought to have enabled John to resist and retard Beauharnais, and have allowed the Archduke Regnier, who was organising another army in Hungary, to come up; but Raab only stood out eight days, and John was obliged to cross the Danube at Pressburg, to endeavour to advance and make a junction with the Archduke Charles. But Eugene Beauharnais managed to join Buonaparte still earlier, and the Emperor did not then allow John to unite with Charles; for, on the night of the 5th of July, he began to fire on the Austrians, on the left bank of the Danube, from gunboats; and whilst they were replying to this, he quietly put his forces across the river. At daylight the next morning the Archduke Charles was astonished to find the French army on the open land; they had turned his whole position, had taken the villages of Esslingen and Enzersdorf, and were already assailing him in flank and rear. The archduke retired upon Wagram, which was lost and taken several times during the day. Buonaparte attempted to break the centre of the Austrian line by a concentrated fire of grape-shot, but the Austrians replied vigorously with their artillery. The French were held in check, if not repulsed. The Saxons and other German troops displayed a disposition to break, and go over to the Austrians. Buonaparte spoke sharply to Bernadotte of the conduct of the Saxons, and the marshal replied that they had no longer such soldiers as they brought from the camp of Boulogne. When night closed the French were in confusion, and, in reality, worsted. The next morning, the 6th of July, the archduke renewed the attack on all the French lines, but is said to have left his centre too weak. Buonaparte again endeavoured to break it, but failed. Bernadotte, Massena, and Davoust were all in turn driven from their positions. Buonaparte, in a state of desperation, cried, "The Austrian centre must be battered with artillery like a fortress." He ordered Davoust to make a desperate charge on the left wing, and called on Drouet, the general of his artillery, to bring up all the artillery of the Guard, and support Davoust. Davoust directed the whole of his force on the left wing, which was broken, and then Buonaparte, forming a dense and deep column of all his best troops, old and new Guards, and his celebrated[591] Grenadiers cheval, under Macdonald and Beauharnais, drove against the centre with a fury that shattered it, and the battle was decided. But at what a price! The Austrians had twenty-six or twenty-seven thousand killed and wounded, and the French upwards of thirty thousand. Buonaparte lost three generals, and had twenty-one wounded. The Austrians had thirteen generals killed or wounded; but they had taken many more prisoners than they had lost. Whilst the battle was raging, the Archduke John was approaching from Pressburg; but Austrian slowness, or, as it is said, conflicting orders from his brother and the Aulic Council, did not permit him to come up in time, or he would assuredly have turned the day.
ONE:In the House of Commons, on the same evening (the 30th of June), Sir Robert Peel moved an answer to the Address to the same effect. Lord Althorp, acting in concert with Lord Grey, moved the adjournment of the House for twenty-four hours to allow time for consideration. The discussion in the Commons, however, was not without interest, as it touched upon constitutional questions of vital importance. Mr. Brougham did his part with admirable tact. He dwelt upon the danger of allowing the people to learn that Government could go on, and every exigency of the common weal be provided for, without a king. The Act which had appointed the late Prince Regent had been passed without the Royal sanction, the king being insane, and no provision having been made to meet the calamity that occurred. The Act of Parliament was called a law, but it was no law; it had not even the semblance of a law; and the power which it conveyed was in those days called the phantom of royal authority. The fact, indeed, was that the tendency of that Act of Parliament, more than any other Act that had ever been passed by the legislature, was to inflict a blow on the royal authority; to diminish its influence and weight; to bring it into disrepute with, and to lessen it in the estimation of, the people at large; and that fact was in itself a sufficient comment upon the propriety of doing an act of legislation without having the Crown to sanction it. That, he said, was his first great and principal reason for proceeding with this question at once. He showed that one of the greatest advantages connected with the monarchical form of government was the certainty of the succession, and the facile[314] and quiet transmission of power from one hand to another, thus avoiding the inconveniences and dangers of an interregnum. The question was rendered more difficult and delicate by the fact that the Duke of Cumberland, the most unpopular man in the country, was the eldest of the remaining brothers of the king, in the event of whose death he would be Heir Apparent to the Throne of Great Britain, and King of Hanover. In the case supposed, the question would arise whether the next heir to the Throne was of right regent, should the Sovereign be incompetent, from infancy, insanity, or any other cause. If that right were established, then the regent, during the minority of the Princess Victoria, would be a foreign monarch, and one who was utterly detested by the mass of the people of Britain. Such a question, arising at a moment when the spirit of revolution was abroad, might agitate the public mind to a degree that would be perilous to the Constitution. The contingencies were sufficiently serious, therefore, to justify the efforts of Lord Grey and Mr. Brougham to have the regency question settled before the dissolution. They may not have been sorry to have a good popular case against the Government, but their conduct was not fairly liable to the imputation of faction or mere personal ambition. "Can we," asked Mr. Brougham, "promise ourselves a calm discussion of the subject when there should be an actual accession of the Duke of Cumberland to the Throne of Hanover, and Parliament is suddenly called upon to decide upon his election to the regency, to the supreme rule in this country, to which, according to the principle of Mr. Pitt, he has a paramount claim, although he has not a strict legal right?" The motion for adjournment was lost by a majority of 46the numbers being, for it, 139; against it, 185. After this debate, on the motion for adjournment, Lord Althorp moved the amendment to the Address, almost in the words of Lord Grey in the other House. Sir Robert Peel stated that he meant no disrespect by abstaining from further discussion, which would be wasting the time of the House, by repeating the arguments he had already employed. Mr. Brougham, however, took the opportunity of launching out against the Ministry in a strain of bitter invective, of sarcasm vehement even to fierceness.This all-important question was adjourned to the next day, the 8th of June, when it was debated in a committee of the whole House. As the discussion, however, took place with closed doors, as all great debates of Congress did, to hide the real state of opinion, and to give to the ultimate decision an air of unanimity, the reports of it are meagre and unsatisfactory. We know, however, that Lee, the original mover, was supported by his colleague Wythe, and most energetically by John Adams; that it was as vigorously opposed by John Dickinson and his colleagues, Wilson, of Pennsylvania, Robert Livingstone, of New York, and John Rutledge, of South Carolina. Moreover, a considerable number of members from different States opposed the motion, on the ground, not of its being improper in itself, but, as yet, premature. Six colonies declared for it, including Virginia. Pennsylvania, New Jersey, and Maryland were at present against it. New York, Delaware, and South Carolina, were not decided to move yet; and it was proposed to give them time to make up their minds. Dr. Zubly, of Georgia, protested against it, and quitted the Congress. To give time for greater unanimity, the subject was postponed till the 1st of July; but, meanwhile, a committee was appointed to draw up a Declaration of Independence. The members of this committee were only five, namely, Thomas Jefferson, of Virginia; John Adams, of Massachusetts; Roger Sherman, of Connecticut; Richard R. Livingstone, of New York; and Benjamin Franklin, of Pennsylvania.
Surely, both magistrates and soldiers might now have been satisfied. A defenceless multitude have no means of resistance, and, doing their best to get away, might have been left to do so without further molestation, which would be equally brutal in the magistrates, and cowardly in the soldiers. But neither of these parties seems to have thought so on this unhappy occasion. The magistrates issued no orders to desist, and the soldiers, by the confession of one of their officers, went on striking with the flats of their swords at the impeded people, who were thrown down in their vain efforts to get away, and piled in struggling heaps on the field. Mr. Hulton confessed that he walked away from the window after he had let loose the horse-soldiers on the people. "He would rather not see any advance of the military." He was, in fact, so tender-hearted that he did not mind the peoplemen, women, and children, met to exercise their political rightsbeing trodden down under the iron hoofs of horses, and cut down by the sword, so long as he did not see it.At this juncture, while daily desertions thinned Mar's army at Perth, arrived the Pretender. He landed at Peterhead on the 22nd of December. On the 6th of January, 1716, he made his public entry into Dundee, at the head of his cavalcade, the Earl of Mar riding on his right hand, and the Earl Marshal on his left, and about three hundred gentlemen following. His reception was enthusiastic. The people flocked round him to kiss his hands; and to gratify this loyal desire he remained an hour in the market-place. On the 8th he arrived at Scone, and took up his residence in the ancient palace of his ancestors. There he was only two miles from the army, and having established a council, and issued six proclamations, ordering a public thanksgiving for the "miraculous providence" of his safe arrival, for prayers in the church, for the currency of foreign coin, for a meeting of the Convention of Estates, for all fencible men from sixteen to sixty to repair to his standard, and for his coronation on the 23rd of January, he presented himself before the army. But here the scene was changed. Instead of enthusiasm there was disappointmentdisappointment on both sides. The soldiers, who expected to see a royal-looking, active-looking man, likely to encourage them and lead them on their career, beheld a tall, thin, pale, and dejected sort of person, who evidently took no great interest in them. That the Pretender should not exhibit much vivacity was no wonder. He had been assured by Mar that his army had swelled to sixteen thousand men; that the whole North was in his favour; and that he had only to appear to carry everything before him. On inquiring into the force, it turned out to be so miserably small, that the only desire was to keep it out of sight. The spirits of the Pretender fell, and though not destitute of ability, as is manifest by his letters, he had by no means that strength of resolution demanded by such an enterprise.But at length the Legislature adopted a measure which attempted to go to the root of one of the greatest evils that afflicted Ireland. This was a Bill for facilitating the transfer of encumbered estates, which was passed into law, and is generally known as the Encumbered Estates Act. It was introduced by the Solicitor-General, Sir Samuel Romilly, on the 26th of April. Nothing could be more unsatisfactory than the state of landed property in that country. Many of the estates had been in Chancery for a long series of years, under the management of receivers, and periodically let at rack-rents. Many others which were not in Chancery were so heavily mortgaged that the owners were merely nominal. Others again were so tied up by family settlements, or held by such defective titles, that they could not be transferred. Consequently, a great portion of the landed property of the country was in such a condition that capital could not be invested in it, or expended on it. The course of proceeding in Chancery was so slow, so expensive, so ruinous, and the court was so apparently incapable of reform, that nothing could be expected from that quarter. The Government, therefore, proposed to establish a commission, invested with all the powers of that court, and capable of exercising those powers in a summary manner, without delay and without expense, so that an encumbered estate could be at once sold, either wholly or in part, and a parliamentary title given, which should be good against all the world. This important measure met with general approval in both Houses. Indeed it was hailed with satisfaction by all classes of the community, with the exception of a portion of the Irish landed gentry. There were three commissioners appointed, lawyers of eminence and experience in connection with land. By a subsequent enactment in 1849, it was regulated as a permanent institution, under the title of the Landed Estates Court; the three commissioners were styled judges, ranking with the judges of the Law Courts. The number of petitions or applications for sale made to this court from the 17th of October, 1849, to the 1st of August, 1850, was 1,085, and of this number those by owners amounted to 177nearly one-sixth of the whole. The rental of the estates thus sought to be sold by the nominal proprietors, anxious to be relieved of their burdens, was 195,000 per annum, and the encumbrances affecting them amounted to no less than 3,260,000. The rental of the estates included in 1,085 applications, made by others not owners, amounted to 655,470 per annum, and the debt upon these amounted to the enormous sum of 12,400,348. One of the estates brought before the court had been in Chancery for seventy years, the original bill having been filed by Lord Mansfield in 1781. The estates were broken up into parcels for the convenience of purchasers, many of whom were the occupying tenants, and the great majority were Irishmen. Generally the properties brought their full value, estimated by the poor-law valuation, not by the rack rents which were set down in the agents' books, but never recovered. The amount of capital that lay dormant in Ireland, waiting for investment in land, may be inferred from the fact that in nine yearsfrom 1849 to 1858the sum of twenty-two millions sterling was paid for 2,380 estates. But in the pacification of Ireland the Act accomplished far less than was hoped by Sir Robert Peel, who practically forced the measure upon the Ministry. Men of capital looked for a fair percentage for their investments: many of them were merchants and solicitors, without any of the attachments that subsisted between the old race of landlords and their tenants, and they naturally dealt with land as they did with other mattersin a commercial spiritand evicted wholesale tenants who were unable to pay.[See larger version]At this juncture Napoleon proceeded to set all Europe against him. A conspiracy had been set on foot against his Government by the Royalists, notably by one Lajolais, who had formerly fought under Pichegru, and in 1794 had assisted him in his intrigues with the Bourbon princes. On arriving in London he had interviews with Pichegru, Georges Cadoudal, the Chouan chief, the Polignacs, the Count d'Artois, the Duke of Berry, etc., and assured them that such was the feeling against Buonaparte in France, that it only needed the appearance of the Royalist leaders, and their forming a league with Moreau, the victor of Hohenlinden, whom he truly represented as greatly disgusted with Buonaparte, to produce a revolution and crush the aspiring First Consul. The statements of Lajolais were listened to, and a vessel, under the command of Captain John Wesley Wright, was despatched to the coast of Brittany, with General Georges Cadoudal, the Marquis de la Rivire, the brothers Armand and Jules Polignac, and some others, whom he put safely ashore in the autumn of 1803. Pichegru, Georges Cadoudal, the Polignacs, de la Rivire, and the rest of the Royalists, about thirty in[497] number, had made their way to Paris, and were living there secretly, endeavouring to learn the real state of the public mind, and Pichegru and Cadoudal had been introduced to Moreau. Pichegru saw Moreau at least twice, and on one of these occasions he took with him Georges Cadoudal; but Moreau seemed taken by surprise by their communications with him, and was so horrified by the language and proposals of the daring Chouan, that he desired Pichegru not to bring that irrational savage again into his company. It appeared pretty clear that there was some mistake somewhere; and that Moreau, however much dissatisfied with Napoleon, was by no means disposed to enter into any Royalist conspiracy. Had the delegates found things ripe for such a revolution, they were to inform the Bourbon princes in London, and they were to make a strong descent on the coast of Brittany; but they all felt so satisfied that Lajolais had given them false information, that they were about to quit the capital, and to return to England, Captain Wright having been lingering with his frigate on the Breton coast for that purpose, when Fouch the Minister of Police, pounced upon them. He had been keeping a strict watch on all their movements; he had now established their intercourse with Moreau, and trusted to be able to make sufficient use of that fact to destroy both them and him. It was asserted, although there is no proof whatever of the fact, that the plan included the murder of the First Consul. Further, in order to bring odium upon England, Buonaparte succeeded, by means of his agents, in entrapping Messrs. Drake and Spencer Smith, our Ministers at the courts of Bavaria and Würtemberg, into consenting to the conspiracy. They knew nothing of the real plot, but being informed that a Royalist conspiracy was on foot, gave it a certain amount of countenance. Napoleon thereupon accused them of being accomplices in a diabolical plot to assassinate him, forced the Courts to which they were accredited to expel them, and circulated throughout Europe a violent attack on the British Government. In an exceedingly able and dignified reply Lord Hawkesbury pointed out that Britain was at war with France, and had a right, which she intended to use, to take advantage of the political situation in that country. Napoleon gained little by his Machiavellian man?uvre.FLORA MACDONALD. (After the Portrait by J. Markluin, 1747.)
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