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THREE:No sooner, therefore, had the Parliament closed and the king set out to Hanover, than Ministers sent off William Stanhope to Madrid to procure a treaty of peace without any mention of Gibraltar. On arriving at Madrid he found that the Court had removed to Seville, in Andalusia. This had been done by the influence of the queen, in order to draw Philip from the Council of Castile, which was doing all it could to prevail on him again to abdicate. Stanhope followed the Court to Seville, and laboured with such effect that he obtained the signing of a treaty of defensive alliance between England, Spain, and France, to which Holland afterwards acceded (November 9, 1729). By this treaty Spain revoked all the privileges granted to Austria by the treaties of Vienna, and re-established the British trade with her American colonies on its former footing, restored all captures, and made compensation for losses. The Assiento was confirmed to the South Sea Company. Commissioners were appointed to adjust all claims of Spaniards for ships taken in 1718, and to settle the limits of the American trade. The succession of Don Carlos to Parma and Tuscany was recognised, with the right to garrison the ports of Leghorn, Porto Ferrajo, Parma, and Placentia with six thousand Spanish troops. Not a word was said of Gibraltara silence amounting to a renunciation of its demand by Spain; and that Philip regarded it as such was evidenced by his[60] beginning to construct the strong lines of San Roque, and thus to cut off all communication with the obnoxious fortress by land.
FORE:
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FORE:Groaned to be gone.

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FORE:On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Billsone to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.

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FORE:WELFEN CASTLE, HANOVER.

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THREE: Population. Valuation. Greatest number
  • FORE:

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    FORE:FROM THE PAINTING BY J. M. W. TURNER, R.A., IN THE NATIONAL GALLERY.

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    FORE:[589]

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  • FORE:It was now expected by the Whigs, and by a[10] great part of the public, that they should come into office. At first the conduct of the Prince Regent favoured this supposition. He applied to Grey and Grenville to draw up the answer that he should return to the two Houses on their addresses on his appointment. But he did not quite like this answer, and got Sheridan to make some alterations in it. He then returned the paper to Grey and Grenville, as in the form that he approved. But these noblemen declared that they would have nothing more to do with the paper so altered; and Sheridan, on his part, suggested to the prince that he would find such men as Ministers very domineering and impracticable. Nor was this allLord Grenville and his family held enormous patronage. Like all the Whigs, the Grenvilles, however they might study the interests of the country, studied emphatically their own. Grenville had long held, by a patent for life, the office of Auditor to the Exchequer; and in accepting office in "All the Talents" Ministry, he managed to obtain also the office of First Lord of the Treasury. The Auditorship of the Exchequer was instituted as a check on the Treasury, but neither Lord Grenville nor his friends saw any impropriety in destroying this check by putting both offices into the same hands. They declared this union was very safe and compatible, and a Bill was brought in for the purpose. But when the King had become both blind and insane, and no Regent was yet appointed, Lord Grenville, being no longer First Lord of the Treasury, but Perceval, he suddenly discovered that he could not obey the order of the Treasury for the issues of money to the different services. It was strictly necessary that the Great Seal, or the Privy Seal, or the Sign Manual, should be attached to the Treasury orders, or, failing these, that they should be sanctioned by an express Act of Parliament. As neither Great nor Privy Seal, nor Sign Manual was possible until a regent was appointed, Lord Grenville's conscience would not let him pass the orders of the Treasury, and all payments of army, navy, and civil service were brought to a stand. Perceval, after in vain striving hard to overcome the scruples, or rather the party obstinacy of Grenville, was compelled to go to the House of Parliament, and get the obstacle removed by a resolution of both Houses. The notice of the public being thus turned by Grenville to his holding of this office, and his readiness to unite the two offices in his own person, which his pretended scruples of conscience now invested with so much danger, produced a prejudice against him and his party, which was hostile to their coming into power. Besides this, the Opposition were greatly divided in their notions of foreign policy. Grey and his immediate section of the party felt bound, by their advocacy of Fox's principles, to oppose the war; Grenville and his friends were for a merely defensive war, and for leaving Portugal and Spain, and the other Continental nations, to fight their own battles; whilst Lord Holland, who had travelled in Spain, and was deeply interested in its language and literature, was enthusiastic for the cause of the Peninsula, and the progress which Wellington was making there. It was utterly impossible that, with such divided views, they could make an energetic Ministry at this moment, and it was equally certain that they could not again form an "All the Talents" by coalition with the Conservatives. And, beyond all this, it does not appear that the Regent was anxious to try them. Like all heirs-apparent of the house of Hanover, he had united with the Opposition during his youth, but his friendship appeared now anything but ardent. Sheridan still possessed something of his favour, and the Earl of Moira was high in it; but for the rest, the prince seemed quite as much disposed to take the Tories into his favour; and he, as well as the royal dukes, his brothers, was as much bent on the vigorous prosecution of the war as the Tories themselves. No Ministry which would have carried that on languidly, still less which would have opposed it, would have suited him any more than it would have done his father. The King, too, was not so deeply sunk in his unhappy condition but that he had intervals lucid enough to leave him alive to these questions, and he showed so much anxiety respecting the possible change of the Ministry, and fresh measures regarding the war, that his physicians declared that such a change would plunge him into hopeless madness and probably end his life. The Queen wrote to the prince, saying how much satisfaction his conduct in regard to these matters had given to his father, and he wrote to Mr. Perceval, declaring that this consideration determined him not to change the Ministry at all. At the same time he expressed to the Minister his dissatisfaction with the restrictions which had been imposed upon him. Perceval, even at the risk of offending the prince, justified the conduct of Ministers and Parliament. In this he might be the more bold, as it was clear that there was no longer any danger of a Whig Government.

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    FORE:Another French fleet, under Admiral Willaumez, left Brest at the same time with that of Lessigues, bound for the Cape of Good Hope, to assist the Dutch troops in defending it. The British, however, having taken it before his arrival, he went cruising about and picking up such stray British merchantmen as he could meet with between the continents of Africa and South America. He then stood away for the West Indies, hoping to be able to destroy the British shipping in the ports of Barbadoes. Failing in that, he made for Martinique, which was still in the possession of the French. Willaumez had but six sail of the line, and the English admirals, Sir John Borlase Warren, who had the same number and a frigate, and Sir Richard Strachan, who had seven sail of the line and two frigates, were in eager quest of him. Meanwhile, Willaumez was attacked by a terrible tempest, and then chased by Strachan in the Chesapeake. Of his six ships of the line he took home only two, and was obliged to burn the British merchantmen that he had taken.

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THREE:It was not to be expected that the difficulties of Ireland would have passed away with the paroxysm of the crisis through which that nation had been working into a better state of existence. The social evils of that country were too deep-rooted and too extensive to be got rid of suddenly. The political disturbances above recorded, coming immediately after the famine, tended to retard the process of recovery. Another failure of the potato crop caused severe distress in some parts of the country, while in the poorer districts the pressure upon the rates had a crushing effect upon the owners of land, which was, perhaps, in the majority of cases, heavily encumbered. This led to the passing of a measure for the establishment of a "rate in aid," in the Session of 1849, by which the burden of supporting the poor was more equally divided, and a portion of it placed upon the shoulders most able to bear it. In anticipation of this rate the Chancellor of the Exchequer, Sir Charles Wood, proposed an advance of 100,000 to meet the existing pressure. The proposed "rate in aid" was sixpence in the pound, to be levied in every union in Ireland, towards a general fund for the relief of the poor, and this was connected with a provision that the maximum rate should not exceed five shillings in the pound in any electoral[571] division. The proposition of the Government, with the exception of the maximum rate clause, was agreed to after a good deal of discussion and various amendments. In the House of Lords the Bill was carried with difficulty, after much discussion and the moving of various amendments.

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THREE: Richard Hare, made Lord Ennismore, with patronage.[See larger version]
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The agitation extended to England, where also the "No Popery" cry was effectually raised. The Duke of Newcastle, Lord Winchilsea, and Lord Kenyon led the way in the formation of Brunswick Clubs. A great demonstration was got up on Penenden Heatha monster meeting of English Brunswickers. To counteract its effects, it was determined that some of the leading advocates of the Catholic cause, being freeholders of Kent, should go to the meeting. Among those who attended were Lord Darnley, Mr. Cobbett, Serjeant Shee, and Mr. Sheil; but none of them could obtain a hearing. Mr. Sheil had come prepared with a grand speech, carefully written out, as was his custom, and committed to memory, but not so strictly as to exclude such extemporaneous additions as might be necessary to adapt the oration to the actual circumstances. When he arrived at the meeting, the reporter from the Sun asked him for his manuscript, which he gave, with the understanding that he must make it correspond with his speech as delivered. The reporter, taking it for granted that it would be delivered all right, made all possible haste to get it into type. The speech appeared in extenso; but it unfortunately happened that, owing to the uproar and continued interruptions, it was not delivered. The circumstance became the subject of remark, eliciting comments by no means flattering to the Irish orator. The intended speech, however, was as able as any he had ever delivered. It consisted chiefly of an elaborate defence of the Roman Catholic Church from the charge of persecution. It admitted that it did persecute like every other church when in power; but that it was an incident of its establishment, not the natural result of its spirit and principles.By the terms of the Treaty of Tilsit, Prussian Poland was taken away, but not to be incorporated with a restored Poland, as Buonaparte had delusively allowed the Poles to hope. No; a restored Poland was incompatible with a treaty of peace with Russia, or the continuance of it with Austria. It was handed over to the Duke of Saxony, now elevated to the title of the King of Saxony and Duke of the Grand Duchy of Warsawthe name which Prussian Poland assumed. The duped Polish patriots cursed Buonaparte bitterly in secret. Alexander, with all his assumed sympathy for his fallen cousins of Prussia, came in for a slice of the spoil, nominally to cover the expenses of the war. Dantzic, with a certain surrounding district, was recognised as a free city, under the protection of Prussia and Saxony; but Buonaparte took care to stipulate for the retention of a garrison there till the conclusion of a general peace, so as to stop out any British armament or influence. To oblige the Emperor of Russia, he allowed the Dukes of Saxe-Coburg, Oldenburg, Mecklenburg-Schwerin, who were the Czar's relations, to retain possession of their territories; but he returned to Prussia only about one-half of the provinces which he had seized, reducing her very much to the limits in which Frederick the Great had found her before his usurpations. She surrendered her provinces between the Rhine and the Elbe, which, together with Hesse, Brunswick, and part of Hanover, were formed into the kingdom of Westphalia and given to Jerome Buonaparte. She was saddled by a crushing war indemnity, and had to leave Berlin and the chief fortresses in the hands of the French until the debt was paid. In the articles of the Treaty which were made public, Alexander paid a nominal courtesy to his ally, Great Britain, by offering to mediate between her and France, if the offer were accepted within a month; but amongst the secret articles of the Treaty was one binding the Czar to shut his ports against all British vessels, if this offer were rejected. This was a sacrifice demanded of Alexander, as Great Britain was Russia's best customer, taking nearly all her raw or exported produce. In return for this, and for Alexander's connivance at, or assistance in, Buonaparte's intention of seizing on Spain and Portugal, for the taking of Malta and Gibraltar, and the expulsion of the British from the Mediterranean, Alexander was to invade and[546] annex Finland, the territory of Sweden, and, giving up his designs on Moldavia and Wallachia, for which he was now waging an unprovoked war, he was to be allowed to conquer the rest of Turkey, the ally of Napoleon, and establish himself in the long-coveted Constantinople. Thus these two august robbers shared kingdoms at their own sweet will and pleasure. Turkey and Finland they regarded as properly Russian provinces, and Spain, Portugal, Malta, Gibraltar, and, eventually, Britain, as provinces of France.The first report related to the duties and revenues of bishops. The Commissioners suggested various alterations of the boundaries of dioceses. They recommended the union of the sees of Gloucester and Bristol, and of Bangor and St. Asaph. They also recommended the establishment of two new sees, Ripon and Manchester. They calculated the net income of the bishoprics of England and Wales at 148,875. They found that, owing to the unequal manner in which this revenue was[408] distributed, the income of one-half the bishoprics was below the sum necessary to cover the expenses to which a bishop is unavoidably subject, which rendered it necessary to hold livings in commendam. To do away with this state of things, and with a view to diminish the inducements to episcopal translations, they recommended a different distribution of episcopal revenues. In the second and fourth reports, and the draft of the fifth report, they presented the result of their inquiries on cathedral and collegiate churches. They recommended the appropriation of part of their revenues, and of the whole of the endowments for non-residentiary prebends, dignitaries, and officers, and that the proceeds in both cases should be carried to the account of a fund, out of which better provision should be made for the cure of souls. In their second report they stated that they had prepared a Bill for regulating pluralities and the residence of the clergy.Nelson, who had returned to England, by the 15th of September was on board of his old flagship, the Victory, and immediately sailed for Cadiz, accompanied only by three other ships of war. On the 29th he arrived off Cadiz, and was received by the fleet with enthusiastic acclamation. It was his birthday. He posted himself about twenty leagues to the west of Cadiz, in hope that the French fleet would come out. He knew that it was in great distress for provisions, because Napoleon, intending the fleet to assemble at Brest, had laid in the necessary stores there, and could not convey them, in any reasonable time, to Cadiz. Still more, it was believed that Napoleon refused to send any supplies there, having given Villeneuve imperative orders to make his way to Brest. But it is also asserted, by French authorities, that Napoleon had ordered the Minister of Marine to take the command from Villeneuve, and that the admiral was piqued to show the Emperor, by a daring exploit, that he had done him injustice. Under these or similar motives, Villeneuve determined to sail out, and encounter the British fleet. Nelson was watching for him behind Cape St. Mary, like a cat watching a mouse, as he said in a letter to the Abb Campbell, of Naples, a friend of his and of Lady Hamilton's. On the 9th of October, certain that the enemy would soon come out, Nelson sent to Lord Collingwood his plan of the battle. It was to advance in two lines of sixteen ships each, with an advanced squadron of eight of the fastest-sailing two-decked ships. They were thus to break the enemy's line in three places at once. Nelson was to aim at the centre; Collingwood, leading the second line, to break through at about the twelfth ship from the rear; and the light squadron, at three or four ships from the centreNelson's point of attack. "I look," wrote Nelson, "with confidence to a victory before the van of the enemy can succour their rear; and then the British fleet will, most of them, be ready to receive their twenty sail of the line, or to pursue them, should they endeavour to make off. If the van of the enemy tack, the captured ships must run to the leeward of the British fleet; if the enemy wear, the British must place themselves between them and the captured and disabled British ships, and, should the enemy close, I have no fear for the result. The second in command will, in all possible things, direct the movements of his line by keeping them as compact as the nature of the circumstances will admit. Captains are to look to their particular line as their rallying-point; but, in case signals cannot be clearly seen or understood, no captain can do very wrong if he places his ship alongside that of the enemy!" Such were Nelson's general orders, and they were entirely approved by Lord Collingwood.[129]
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