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      The claims of Ireland seeming, for the moment, to be happily satisfied, Ministers now proceeded to carry out those reforms for which they had loudly called during the many years that they had been in opposition. They adopted and introduced the Bills of Sir Philip Clerke and Mr. Carew for excluding contractors from the House of Commons, and revenue officers from voting at elections. The Bill against the contractors passed the Commons with little difficulty; but the Ministers immediately felt the mischief of allowing Lord Thurlow to retain his place of Chancellor. He opposed the measure vehemently, and divided the House upon it. Lord Mansfield gave it his cordial resistance, and the new Lord Ashburton, though created by the present Administration, tacked to it a clause exempting all gentlemen who merely contracted for the produce of their estates. The clause, however, was lopped away again on the return of the Bill to the Commons, and the Act passed without it. The Bill for disqualifying revenue officers was opposed with equal pertinacity by Thurlow and Mansfield; though Lord Rockingham stated that the elections in seventy boroughs depended chiefly on revenue officers, and that nearly twelve thousand of such officers created by the late Ministry had votes in other places. The Bill passed, after exempting all officers who held their posts for life, and therefore were charitably supposed to be beyond the reach of undue influence, as if no such thing as promotion had its effect.



      As it was necessary that some doctors of note and experience should be sent over to examine the nature of the illness and the condition of the men, the Surgeon-General was ordered to proceed to the spot and make the necessary inquiries; but he replied that it was not in his department, but in that of the Physician-General, Sir Lucas Pepys. Sir Lucas excused himself on account of his age, and recommended some other physicians to be sent out. Both gentlemen were content to receive the country's money easily at home, but although a whole army was perishing, they would not risk their own precious lives. They were dismissed, and their conduct showed the necessity of a thorough reform of the medical establishment of the army. Sir Richard Strachan, though he saw the continuous destruction of the soldiers, strongly recommended Government to retain possession of Walcheren, as a very important naval station, and the Ministry were besotted enough to contemplate fortifying it on an extensive scale, and more men and materials were sent over for that purpose. But, fortunately for the remains of our army there, the Emperor of Austria had now made peace with Buonaparte, and our diversion in his favour here was useless, so, on the 13th of November, orders were sent to Lieutenant-General Don, who had succeeded Sir Eyre Coote, to destroy the docks and fortifications of Flushing,[583] and come away. Thus ended this most fatal expedition, which cost Great Britain twenty millions of money, and many thousands of lives. Of those who survived, thousands had their constitutions broken for ever; and even such as appeared to get over the lingering and insidious Walcheren fever, on being sent to the war in the Peninsula, proved so liable to its return on exposure to wet or cold, that often one-third of these troops were not fit for service. So far from wishing to remove us from Walcheren, Buonaparte wrote to the Minister of War, saying: "We are rejoiced to see that the English have packed themselves in the morasses of Zealand. Let them be only kept in check, and the bad air and fevers peculiar to the country will soon destroy their army." The fatal results of this expedition introduced dissensions into the Cabinet, and soon after occasioned the resignation of Canning.

      Their simple conversion, by placing them wholly under his influence, would have outweighed in political value all other agencies combined; but the flattering hopes of the earlier years soon vanished. Some petty successes against other tribes so elated the Iroquois, that they ceased to care for French alliance or French priests. Then a few petty reverses would dash their spirits, and dispose them again to listen to Jesuit counsels. Every success of a war-party was a loss to the faith, and every reverse was a gain. Meanwhile a more repulsive or a more critical existence than that of a Jesuit father in an Iroquois town is scarcely conceivable. The torture of prisoners turned into a horrible festivity for the whole tribe; foul and crazy orgies in which, as the priest thought, the powers of darkness took a special delight; drunken riots, the work of Dutch brandy, when he was forced to seek refuge from death in his chapel, a sanctuary which superstitious fear withheld the Indians from violating; these, and a thousand disgusts and miseries, filled the record of his days, and he bore them all in patience. Not only were the early Canadian Jesuits men of an intense religious zeal, but they were also men who lived not for themselves but for their order. Their faults were many and great, but the grandeur of their self-devotion towers conspicuous over all.

      In astronomy, Herschel discovered the planet Uranus in 1781; in 1802 he published, in the "Philosophical Transactions," his catalogue of five[199] hundred new nebul? and nebulous stars; and in 1803 announced his discovery of the motion of double stars round each other. In chemistry, Sir Humphry Davy, in 1807, extracted their metallic bases from the fixed alkalies; in 1808 demonstrated the same fact as it regarded the alkaline earths; in 1811 discovered the true nature of chlorine; in 1815 invented his safety lamp; and in 1817 (as already mentioned) brought it to perfection. In 1804 Leslie published discoveries of the nature and properties of heat; in 1808 Dalton announced his atomic theory; and in 1814 Wollaston completed its development and proof.Denonville says, The principal reason of the poverty of this country is the idleness and bad conduct of most of the people. The greater part of the women, including all the demoiselles, are very lazy. (v) Meules proposes as a remedy that the king should establish a general workshop in the colony, and pay the workmen himself during the first five or six years. (v*) The persons here, he says, who have wished to make a figure are nearly all so overwhelmed with debt that they may be


      The chief governor of Ireland, at that time, was no timid civilian. He was a brave and distinguished soldiera man of chivalrous honour himself, and therefore not prone to entertain doubts injurious to the honour of the profession of which he was an ornament. But Lord Anglesey was also capable of estimating the force of popular contagious influences on military discipline and fidelity in an extraordinary national crisis; and he was so alarmed at the state of things developed by the Clare election, that he wrote confidentially to Mr. Peel, cautioning him against supposing that Mr. Vesey Fitzgerald, from vexation and disappointment, should exaggerate the danger of the crisis, and telling him that he would send Major Warburton on a secret mission, known only to his private secretary, to explain to the Government in London the state of affairs. Major Warburton, a very intelligent and trustworthy officer, was at the head of the constabulary, and commanded the force at Clare during the election. He testified, as the result of his observation there, that, even in the constabulary and the army, the sympathies of a common cause, political and religious, could not be altogether repressed, and that implicit reliance could not long be placed on the effect of discipline and the duty of obedience. On the 20th of July Lord Anglesey wrote as follows:"We hear occasionally of the Catholic soldiers being ill-disposed, and entirely under the influence of the priests. One regiment of infantry is said to be divided into Orange and Catholic factions. It is certain that, on the 12th of July, the guard at the Castle had Orange lilies about them." On the 26th of July the Viceroy wrote another letter, from which the following is an extract:"The priests are using very inflammatory language, and are certainly working upon the Catholics of the army. I think it important that the dep?ts of Irish recruits should be gradually removed, under the appearance of being required to join their regiments, and that whatever regiments are sent here should be those of Scotland,[279] or, at all events, of men not recruited from the south of Ireland. I desired Sir John Byng to convey this opinion to Lord Hill."

      An unhappy difference in principle of the most fundamental character occurred between Kossuth and G?rgei at this time, which brought ruin on the Hungarian cause, now on the verge of complete success. Kossuth was for complete independence; his rival for the maintenance of the Hapsburg monarchy. Kossuth, however, had taken his course before consulting G?rgeia fact that embittered the spirit of the latter. The Hungarian Assembly, at his suggestion, had voted the independence of Hungary (April 19, 1849), with the deposition and banishment for ever of the House of Hapsburg Lorraine. After this declaration the Hungarian forces increased rapidly. The highest hopes still pervaded the nation. They gained several advantages over the enemy, having now in the field 150,000 men. Field-Marshal Welden, the Austrian Commander-in-Chief, dispirited and broken down in health, resigned the command, and was succeeded by the infamous Haynauthe "woman-flogger." But the fate of Hungary was decided by Russian intervention actuated by the fear of the Czar lest the movement should spread to Poland. Hungary would have successfully defended itself against Austria; but when the latter's beaten armies were aided by 120,000 Muscovites under Paskievitch, their most famous general, coming fresh into the field, success was no longer possible, and the cause was utterly hopeless. On the 31st of July, 1849, Luders, having effected a junction with Puchner, attacked Bem, and completely defeated him. On the 13th of August G?rgei was surrounded at Vilagos, and surrendered to the Russian general Rudiger. The war was over with the capitulation of Comorn.

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      I speak of probability in connection with crimes, which, to deserve punishment, ought to be proved. But the paradox is only apparent, if one reflects that, strictly speaking, moral certainty is only a probability, but a probability which is called certainty, because every sensible person necessarily assents to it, by a force of habit which arises from the necessity of acting, and which is prior to all speculation. The certainty requisite for certifying that a man is a criminal is, therefore, the same that determines everyone in the most important actions of his life. The proofs of a crime may be divided into perfect and imperfect, the former being of such a[136] nature as exclude the possibility of a mans innocence, and the latter such as fall short of this certainty. Of the first kind one proof alone is sufficient for condemnation; of the second, or imperfect kind, as many are necessary as suffice to make a single perfect proof; that is to say, when, though each proof taken separately does not exclude the possibility of innocence, yet their convergence on the same point makes such innocence impossible. But let it be noted that imperfect proofs, from which an accused has it in his power to justify himself and declines to do so, become perfect. This moral certainty of proofs, however, is easier to feel than to define with exactitude: for which reason I think that the best law is one which attaches to the chief judge assessors, taken by lot, not by selection, there being in this case more safety in the ignorance which judges by sentiment than in the knowledge which judges by opinion. Where the laws are clear and precise, the function of a judge consists solely in the certification of fact. If for searching out the proofs of a crime ability and cleverness are required, and if in the presentation of the result clearness and precision are essential, all that is required to judge of the result is simple and common good sense, a faculty which is less fallacious than the learning of a judge, accustomed as he is to wish to find men guilty and to reduce everything to an artificial system borrowed from his studies. Happy the nation where the[137] laws are not a science! It is a most useful law that everyone shall be judged by his equals, because where a citizens liberty and fortune are at stake those sentiments which inequality inspires should have no voice; that feeling of superiority with which the prosperous man regards the unfortunate one, and that feeling of dislike with which an inferior regards his superior, have no scope in a judgment by ones equals. But when the crime in question is an offence against a person of a different rank from the accused, then one half of the judges should be the equals of the accused, the other half equals of the plaintiff, that so, every private interest being balanced, by which the appearances of things are involuntarily modified, only the voice of the laws and of truth may be heard. It is also in accordance with justice that an accused person should have power up to a certain point of refusing judges whom he may suspect; and if he is allowed the exercise of this power for some time without opposition, he will seem to condemn himself. Verdicts should be public, and the proofs of guilt public, in order that opinionwhich is, perhaps, the only bond of society there ismay place a check on outbursts of force and passion, and that the people may say, We are not slaves without defence: a feeling which both inspires them with courage and is as good as a tribute to a sovereign who understands his real interest. I refrain from pointing out other details and precautions which[138] require similar regulations. I should have said nothing at all, had it been necessary for me to say everything.

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      As a rumour of the approaching visit of Lord Howe had reached the Spanish camp, all was in haste to anticipate his arrival, and take the huge fortress before he could succour it. Accordingly the great united fleet of Spain and France, which so lately had paraded in the English Channel, sailed into Algeciras Bay, and on the 13th of September the floating batteries were hauled out by a number of the ships, and anchored at regular distances, within six hundred yards of the English works. Whilst this extraordinary armada was approaching and disposing itself, tremendous fire was kept up from the land, with three hundred long guns and mortars, to divert the attention of the garrison; but old General Elliot was ready with his red-hot balls, and, the moment the floating batteries came within gunshot distance, he poured into them a most destructive fire-hail. The Spaniards, notwithstanding, placed and secured their monster machines in a very short time, and then four hundred cannon from land and sea played on the old rock simultaneously and incessantly. For some time the hot balls appeared to do no damage. The timbers, being of green wood, closed up after the balls, and so prevented their immediate ignition. In other cases, where smoke appeared, the water-engines dashed in deluges, and extinguished the nascent fire. But presently the fire from the batteries slackened; it was discovered that the ballswhich had many of them pierced into the timbers three feet deepwere doing their work. The floating battery commanded by the Prince of Nassau, on board of which was also the engineer, D'Arcon, himself, was found smoking on the side facing the rock, at two o'clock in the day. No water could reach the seat of mischief, and by seven o'clock it had become so extensive as to cause the firing to cease, and to turn the thoughts of all to endeavours for escape. Rockets were thrown up as signals for the vessels to come up and take off the crews. But this was found impracticable. The garrison actually rained deluges of fire, and all approach to the monster machines was cut off. No vessel could draw near, except at the penalty of instant destruction. For four more hours the vaunted floating batteries remained exposed to the pitiless pelting of the garrison. Before midnight, the Talla Piedra, the greatest of the monster machines, and the flagship, Pastora, at her side, were in full flame, and by their light the indefatigable Elliot could see, with the more precision, to point his guns. Seven of the ten floating machines were now on fire; the guns aboard them had entirely ceased, and those on land, as if struck with wonder and despair, had become silent too.On the Continent the struggle against the French was renewed. The King of Naples and the Emperor of Austria, in alliance with Russia, determined to free Italy of them in the absence of Buonaparte; but without waiting for the arrival of the Austrians and Russians, Ferdinand mustered nearly forty thousand men, badly disciplined, and worse officered, and set out to drive the French from Rome. General Mack, still in high repute, was sent from Vienna to command this army, and Ferdinand, a most self-indulgent and unwarlike monarch, was advised to march with them in person. Nelson was employed, with an addition of some Portuguese ships, to land a division of five thousand men of this army at Leghorn. Mack, in true Austrian style, then divided the remaining thirty-two thousand men into five columns, and marched them by different routes towards Rome. Nelson had narrowly watched the man?uvres of Mack, and pronounced him incompetent, and that the whole would prove a failure. This was speedily realised. Ferdinand, with a portion of his forces, entered Rome in triumph on the 29th of November; but Championnet, the French general, who evacuated Rome to concentrate his forces at Terni, soon defeated the other divisions of the Neapolitan army in detail, and Ferdinand fled from Rome back to Naples. But there was now no security for him there. Championnet was marching on that capital with twenty thousand veteran soldiers, and Ferdinand availed himself of Nelson's fleet to get over to Palermo. The lazzaroni defended the deserted city for three days with incredible bravery against the French, but they were betrayed by a republican party in the city, which hoisted the tricolour flag, surrendered the forts to the enemy, and fired on the defenders from the Castle of St. Elmo, which commands the town. Championnet took possession of Naples on the 23rd of January, 1799, and proclaimed a republic under the title of "Respublica Parthenopea."

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      When the community is one of individuals, the subordination that prevails in the family prevails by agreement, not by compulsion; and the sons, as soon as their age withdraws them from their state of natural dependence, arising from their feebleness and their need of education and protection, become free members of the domestic commonwealth, subjecting themselves to its head, in order to share in its advantages, as free men do by society at large. In the other condition the sonsthat is, the largest and most useful part of a nationare placed altogether at the mercy of their fathers; but in this one there is no enjoined connection between them, beyond that sacred and inviolable one of the natural ministration of necessary aid, and that of gratitude for benefits received, which is less often destroyed by the native wickedness of the human heart than by a law-ordained and ill-conceived state of subjection.


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