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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 177��nearly 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 years��from 1849 to 1858��the 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 matters��in a commercial spirit��and evicted wholesale tenants who were unable to pay.

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The British Ministry was at length becoming aware of the mischief of allowing the Empress of Russia to make continual inroads on the Turkish Empire. The British Ambassador, Mr. Fawkener, had been instructed to inform Catherine that Britain could not quietly acquiesce in these usurpations, which were seriously disturbing the balance of power in Europe. Catherine replied, haughtily, that she did not recognise the right of Britain to interfere, and that she should keep possession of Oczakoff, and all her conquests between the Bug and the Dniester. On the 28th of March Pitt communicated this answer to the House, in a message from his Majesty, and that he had deemed it necessary to come to an understanding with his allies, Prussia and Austria, on the subject, and to maintain the fleet in its augmented condition. He moved, the next day, an address to his Majesty, thanking him for his care in these respects. The Whigs, almost to a man, condemned this policy. Coke of Norfolk, Lord Wycombe, Mr. Lambton, afterwards Earl of Durham, and others, stoutly opposed it. Fox treated the idea of Russia having become a power formidable to the peace of Europe as ludicrous. Both he and Burke contended that there was nothing in the aggressions of Russia to occasion any alarm; that Turkey was a decaying nation, which it was useless to attempt to support; and that to bolster it up was only to maintain a barbarous people in domination over Christian populations. Fox upbraided the Government with their folly and inconsistency, if such were their fears of Russia, in having till recently encouraged her in her plan of aggressions in that direction. He reminded them that, twenty years ago, Great Britain, on war breaking out between Russia and the Porte, had aided Catherine in sending a fleet to the Mediterranean, and had thus enabled her to acquire a maritime force in the Black Sea. The truth, however, was that it was not the present Ministry that had committed this folly, but a Whig Ministry, of which Fox was one. He confessed to this, and also to the fact that in 1782, when Catherine seized more completely on the Crimea and Kuban Tartary, France and Spain had urged us to unite with them in preventing this, but that we had declined, and these countries had become permanently united to Russia. Now all this was, in truth, a simple confession of the incapacity of the Whigs, and of Fox himself included, to see the dangerous tendency of the Russian policy, and the only circumstance on which he could justly condemn the Ministry of Pitt was for not strenuously supporting Turkey and Sweden, the ally of Turkey against Russia, when they did see this tendency. By mean and parsimonious conduct they had allowed Sweden to be driven out of her territories on the eastern shore of the Baltic by Russia, when, had they given her but moderate support, that Power would have become a permanent check on the aggressive spirit of Russia. The motion of Pitt was carried by a large majority. A few days afterwards Mr. Grey renewed the subject in a series of resolutions, condemning all interference on behalf of Turkey, and contending that Russia was only weakening instead of strengthening herself by extending her dominions. But Pitt, in reply, showed the very obvious facts that the retention of Oczakoff opened the way to Constantinople, and that the possession of Constantinople prepared the way for the seizure of Egypt, and the supremacy of the Mediterranean, with the most formidable consequences to our commerce. The resolutions of Grey were negatived; but twice again during the session the Whigs returned to the charge��on the 15th of April and on the 25th of May,��but with no better success. The armament was maintained, but the isolated threats of England had little effect on Catherine. Pitt was accordingly compelled to change his policy, and acquiesce in a peace by which she retained the territory between the Bug and the Dniester, and the fortress of Oczakoff.It was necessary that Roman Catholic electors should take an oath and obtain a certificate of their having done so from a magistrate. The friends of Mr. Fitzgerald insisted that this oath should be taken, which caused considerable delay; but a magistrate having been obtained, the freeholders were sworn en masse. Brought into a yard, enclosed within four walls, twenty-five voters were placed against each wall, and thus the oath was simultaneously taken. The effects of this machinery upon the poll soon became manifest. Mr. O'Connell ran ahead of his opponent, and on the second day the result was no longer doubtful. Mr. Fitzgerald would have abandoned the contest, but the landlords resolved that the last man whom they could command should be polled out. They exerted themselves to the utmost to prevent the defection of their tenantry. The most influential of them had their freeholders mustered in a body, and came forward to the hustings at their head, exhorting, promising, threatening, reminding them of past favours, and hinting at the consequences of forsaking their best friends and natural protectors; but the moment O'Connell or a priest appeared��shouting: "Vote for your country, boys!" "Vote for the old religion!" "Down with Vesey!" "Hurrah for O'Connell!"��they changed sides to a man, with a wild, responsive cheer. One priest, Father Coffey, adhered to Mr. Fitzgerald. "But," says Mr. Sheil, "the scorn and detestation with which he was treated by the mob clearly proved that a priest has no influence over them when he attempts to run counter to their political passions. He can hurry them on in the career in which their own feelings impel them, but he cannot turn them into another course." The generality of the orators were heard with loud and clamorous approbation; but at a late hour one evening, when it was growing rapidly dark, a priest came forward on the platform, who addressed the multitude in Irish. Ten thousand peasants were assembled before the speaker, and a profound stillness hung over the almost breathless mass. For some minutes they continued thus deeply attentive, and seemed to be struck with awe as he proceeded. Suddenly the priest and the whole multitude knelt down with[275] the precision of a regimental evolution. Priest and people were both silent, but they were offering up a mental prayer for mercy on the soul of one of Vesey Fitzgerald's voters, who had died that day, and had been accused of taking a bribe. The polling, which lasted five days, at length closed. The court-house was again crowded, as on the first day. Mr. Vesey Fitzgerald appeared again at the head of the aristocracy, and Mr. O'Connell at the head of the priests and the "Forties." The moment the latter was declared by the sheriff duly elected, the first Roman Catholic M.P. since the Revolution, a friend presented him with a letter to be franked. Addressed to a member of the House of Commons, it was posted that night, and when it arrived at its destination it was handed about amongst the members, exciting curiosity and astonishment. It was said also to have found its way to the king, who probably felt thankful that his brother, the Duke of York, did not live to see "Daniel O'Connell, M.P." Mr. O'Connell made a speech, distinguished by just feeling and good taste, and begged that Mr. Fitzgerald would forgive him if he had on the first day given him any sort of offence. Mr. Fitzgerald came forward, and unaffectedly assured him that whatever was said should be forgotten. He was again hailed with universal acclamation, and delivered an admirable speech. During the progress of the election he could not refrain from repeatedly expressing his astonishment at what he saw, and from indulging in melancholy forebodings of events of which these incidents were perhaps but the heralds. "Where is all this to end?" was a question frequently put in his presence, and from which he seemed to shrink.<024>

ONE:The Scottish rebellion had been an auspicious circumstance for the arms of France. Marshal Saxe had taken the field, to the surprise of the Allies, in the very middle of winter, invested Brussels, and compelled it to surrender on the 20th of February, 1746. One town fell after another; Mons, Antwerp, Charleroi, and finally, Namur capitulated on the 19th of September, after a siege of only six days. As soon as Cumberland could leave Scotland after the battle of Culloden, he returned to London, in the hope that he should be appointed, covered, as he was, with his bloody laurels, to the supreme command of the Allied forces in Flanders, where he flattered himself he could arrest the progress of the French. But that command had been conferred on Prince Charles of Lorraine, the Emperor's brother, much to the disgust of both Cumberland and the king. On the 11th of October the Prince of Lorraine engaged the French at Raucoux, on the Jaar, and was signally defeated; the English cavalry, under General Ligonier, managing to save his army from total destruction, but not being able to stem the overthrow. At the close of the campaign the French remained almost entire masters of the Austrian Netherlands.

THREE:In England the Chancellor of the Exchequer had found no difficulty in raising a loan of thirty-six million pounds, and this money was freely devoted to put the armies of the Coalition in motion. Never had such vast armaments been in preparation from the very north of Europe to France. The Congress had removed its locale from Vienna to Frankfort, to be nearer the scene of action. The Emperors of Russia and Austria, and the King of Prussia, were again at the head[92] of their forces. On the side of Switzerland, one hundred and fifty thousand Austrians, who were liberated from Italy by the defeat of Murat, were ready to march into France; another army of the same number directed its course to the upper Rhine. Schwarzenberg was again Commander-in-Chief of Austria. Two hundred thousand Russians, under Barclay de Tolly, were also marching for Alsace, and Langeron, Sacken, and other generals were at the head of other numerous divisions, all under the nominal leadership of the Archduke Constantine. Blucher was already posted in Belgium with one hundred and fifty thousand Prussians; and the army of Wellington, of eighty thousand men, composed of British, and different nations in British pay, occupied Flanders. The contingents of Holland, Sweden, and the smaller German states raised the total to upwards of a million of men, which, if they were not all at hand, were ready to march up in case of any reverses to those first in the field.
THREE:The retreat was made, and the men found themselves again in the morning on the bleak, black heath of Drummossie, hungry and worn out, yet in expectation of a battle. There was yet time to do the only wise thing��retreat into the mountains, and depend upon a guerilla warfare, in which they would have the decided advantage. Lord George Murray now earnestly proposed this, but in vain. Sir Thomas Sheridan and other officers from France grew outrageous at that proposal, contending that they could easily beat the English, as they had done at Prestonpans and Falkirk��forgetting that the Highlanders then were full of vigour and spirit. Unfortunately, Charles listened to this foolish reasoning, and the fatal die was cast.This majority of the Coalition compelled Lord Shelburne to resign; but the rest of the Administration remained in their places, in the hope that Pitt would now take the Premiership. In fact, the king, on the 24th of February, sent for Pitt and proposed this to him; but Pitt was too sensible of the impossibility of maintaining himself against the present combination of parties. The next day Dundas moved and carried an adjournment for three days, to give time for the arrangement of a new Cabinet. Pitt continued to persist in declining to take the Premiership, and on the 2nd or 3rd of March the king sent for Lord North. His proposal was that North should resume the management of affairs; but North insisted on bringing in his new friends, and to that the king objected. Matters remained in this impracticable condition till the 12th, when the king sent for North, and proposed that the Duke of Portland should be asked to form an Administration; but this did not at all advance matters, for Portland was equally determined with North to maintain the Coalition, and the king was resolved to have nothing to do with Fox, whilst Fox was equally determined not to admit the king's friend, Lord Stormont, to any Cabinet of which he was a member. On the 31st the announcement was made that Pitt had resigned, and that the king was prepared to submit to the terms of the Coalition. George, with deep and inward groans, submitted himself once more to the slavery of the great Whig houses, and, as some small recompense, the Coalition admitted Lord Stormont to a place in the Cabinet.
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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The large majorities in the House of Lords were to be ascribed chiefly to the unparalleled influence of the Duke of Wellington. But the public at the time were little aware of the difficulties that great man had to deal with in overcoming the opposition of the king, who was much under the influence of the Duke of Cumberland. When the storm of Conservative violence reached its height, after the rejection of Peel in Oxford, and his return, not without a struggle, for Westbury; and when, on the 3rd of March, he gave notice that he would draw the attention of the House to the clause of the Royal Speech referring to Ireland, the king, greatly excited and alarmed, sent the same evening to desire that the Prime Minister, the Home Secretary, and the Chancellor should wait upon him next day. He had already seen the Chancellor once, and the Duke twice separately. The king received his three Ministers, when they presented themselves at the palace, kindly but gravely; he looked anxious and embarrassed while he requested them to make him acquainted with the details of their Bill. It was explained to him that it would relieve Roman Catholics from the necessity of making a declaration against the doctrine of transubstantiation; whilst it so far modified in their case the oath of supremacy, as to omit all notice of the king's authority in things spiritual. "What!" he exclaimed, "do you mean to alter the ancient law of supremacy?" It was to no purpose he was shown that the alteration applied only to Roman Catholics, who would be dispensed from swearing what they could not believe; but he appealed to his own coronation oath, in reference to which he could not recognise the dispensing power of his Ministers. The king was condescending in the extreme. He seemed deeply grieved at the dilemma to which they had been brought. He acknowledged that possibly he had gone too far on former occasions, though he had acted entirely through misapprehension. But now he trusted that they would see, with him, that it had become a point of conscience, and that there was no alternative left him except to withdraw his assent. In the most respectful manner they acquiesced in his Majesty's determination, allowing, without a murmur, that he had a perfect right to act as he proposed. But when he went on further to ask what they intended to do, the Duke's answer was explicit: they must retire from his Majesty's service, and explain to Parliament that unexpected obstacles had arisen to the accomplishment of the policy which they were engaged to pursue. To this Mr. Peel added, that as the Bill for the suppression of the Catholic Association had been carried on the understanding that other and more comprehensive measures would follow, it would be necessary to make Parliament generally aware of the causes which operated to prevent the bringing forward of those measures. The king heard all this to an end, without attempting to interrupt, or argue with, his Ministers. He admitted, on the contrary, that it was impossible for them to take any other course, and then bade them farewell, kissing each of them on both cheeks. They set off from Windsor immediately, and arrived at Lord Bathurst's, where their colleagues were waiting dinner for them. They made a full report of all that had occurred, and announced that the Government was at an end. The party broke up, believing themselves to be out of office; but early next morning, before any decisive steps had been taken, a special messenger arrived at Apsley House with a letter from the king. It was guardedly expressed, for it went no further than to state that his Majesty had found greater difficulties than he expected in forming a new Cabinet, and was therefore desirous that the present Ministry should go on. The moment was critical, and the position of the Government delicate and in some sense insecure. No doubt, his Majesty's letter might be read as[299] implying an abandonment of the objections which he had taken to the policy of his Ministers overnight, but it was certainly capable of a different interpretation. It appeared, therefore, to the Duke, that before proceeding further it would be necessary to come to a clear understanding with the king as to his Majesty's real intentions, and Mr. Peel concurring in this opinion, the Duke was requested to write to the king on the subject. He did so, with all the candour and loyalty which were natural to him; and the result was an unequivocal declaration from the Sovereign that he would accept the measures of his Ministers as his own.FROM THE PAINTING BY J. M. W. TURNER, R.A., IN THE NATIONAL GALLERY.The death of the Princess Charlotte left the prospect of the succession to the Crown equally serious. Of the numerous sons and daughters of George III. not one had legitimate issue. It might be necessary soon to look abroad in Germany or in Denmark for an heir to the Crown. This consideration led to a number of royal marriages during the earlier part of this year. The first of these marriages was not of this description. It was that of the Princess Elizabeth, his Majesty's third daughter, to the Landgrave and Hereditary Prince of Hesse-Homburg, on the 7th of April. As the princess was already nearly eight-and-forty, no expectation of issue in that quarter was entertained. On the 13th of April Lord Liverpool brought down a message from the Regent to the Peers, and Lord Castlereagh to the Commons, announcing treaties of marriage in progress between the Duke of Clarence and the Princess Adelaide Louisa, of Saxe-Meiningen; and also between the Duke of Cambridge and the Princess Augusta Wilhelmina, of Hesse, youngest daughter of the Landgrave of Hesse. The House of Commons was also asked to add an additional ten thousand pounds a year to the allowance of the Duke of Clarence, and six thousand pounds a year each to those of the Dukes of Cumberland and Cambridge, and to that of the Duke of Kent,[136] if he, too, should marry. Ministers intimated that it had been the intention to ask much larger sums, but they found that it was necessary to reduce the sum asked for the Duke of Clarence. It was a matter of notoriety that the duke had already a large family by the actress, Mrs. Jordan, and probably the feeling of the House was influenced by his desertion of that lady; but there was a stout opposition and the sum was reduced to six thousand pounds. Loud acclamations followed the carrying of this amendment, and Lord Castlereagh rose and said, after the refusal of the sum asked, he believed he might say that the negotiation for the marriage might be considered at an end. The next day the duke sent a message declining the sum granted; yet, after all, his marriage took place. The Duke of Cumberland was already married to the Princess Frederica Sophia, the daughter of the Duke of Mecklenburg-Strelitz, who had been divorced from Frederick Louis, Prince of Prussia. The Duke of Cumberland was one of the most unpopular men in the whole kingdom, for there were rumours of very dark passages in his life, and Parliament had rejected an application for an additional allowance on his marriage; and it now rejected this application amid much applause. The sum asked for the Duke of Cambridge was carried, but not without considerable opposition. The spirit of reform was in the air.

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