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      But these periods of time will not be lengthened in exact proportion to the atrocity of crimes, since the probability of a crime is in inverse ratio to its atrocity. It will, then, be necessary to shorten the period for inquiry and to increase that of prescription; which[159] may appear to contradict what I said before, namely, that it is possible to inflict equal penalties on unequal crimes, by counting as a penalty that period of imprisonment or of prescription which precedes the verdict. To explain to the reader my idea: I distinguish two kinds of crimesthe first, atrocious crimes, beginning with homicide and including all the excessive forms of wickedness; the second comprising less considerable crimes. This distinction is founded in human nature. Personal security is a natural right, the security of property a social one. The number of motives which impel men to violate their natural affections is far smaller than those which impel them, by their natural longing for happiness, to violate a right which they do not find written in their hearts but only in the conventions of society. The very great difference between the probability of these two kinds of crime respectively makes it necessary that they should be ruled by different principles. In cases of the more atrocious crimes, because they are more uncommon, the time for inquiry ought to be so much the less as the probability of the innocence of the accused is greater; and the time of prescription ought to be longer, as on an ultimate definite sentence of guilt or innocence depends the destruction of the hope of impunity, the harm of which is proportioned to the atrocity of the crime. But in cases of lesser criminality, where the presumption in favour of a mans[160] innocence is less, the time for inquiry should be longer; and as the harm of impunity is less, the time of prescription should be shorter. But such a division of crimes ought, indeed, not to be admitted, if the danger of impunity decreased exactly in proportion to the greater probability of the crime. One should remember that an accused man, whose guilt or innocence is uncertain, may, though acquitted for lack of proofs, be subjected for the same crime to a fresh imprisonment and inquiry, in the event of fresh legal proofs rising up against him, so long as the time of prescription accorded by the laws has not been past. Such at least is the compromise that I think best fitted to preserve both the liberty and the security of the subject, it being only too easy so to favour the one at the expense of the other, that these two blessings, the inalienable and equal patrimony of every citizen, are left unprotected and undefended, the one from declared or veiled despotism, the other from the turbulence of civil anarchy. Gaigneur, parti la 6 Septembre (1658).


      and lady visitors. Jerusha gazed out across a broad stretch of Eboulemcns on the north shore.


      On the 11th of March the Earl of Radnor presented a petition adopted at a great meeting of inhabitants of the county of Somerset, which led to a long debate, in the course of which the Duke of Wellington earnestly recommended their lordships to leave the Corn Law as it was, and to continue to maintain the system which it was the object of that law to carry into effect; and the Duke of Richmond declared that he was surprised that any doubt could exist that "the farmers were, almost to a man, hostile to the delusions of Free Trade." On the following evening Mr. Cobden[511] brought forward a motion to inquire into the effects of protective duties on the interests of the tenant-farmers and labourers of the country, promising that he would not bring forward a single witness who should not be a tenant-farmer or a landed proprietor; but the debate concluded with a division which negatived the motion by 244 votes to 153.

      1640-1763. MORALS AND MANNERS.

      When the visitors entered a village, their first question was, "How many deaths?" "The hunger is upon us," was everywhere the cry; and involuntarily they found themselves regarding this hunger as they would an epidemic, looking upon starvation as a disease. In fact, as they passed along, their wonder was, not that the people died, but that they lived; and Mr. W. E. Forster, in his report, said, "I have no doubt whatever that in any other country the mortality would have been far greater; and that many lives have been[539] prolonged, perhaps saved, by the long apprenticeship to want in which the Irish peasant has been trained, and by that lovely, touching charity which prompts him to share his scanty meal with his starving neighbour. But the springs of this charity must be rapidly dried up. Like a scourge of locusts, the hunger daily sweeps over fresh districts, eating up all before it. One class after another is falling into the same abyss of ruin."


      Having, for the third time, expelled the French from Portugal, with the exception of the single fortress of Almeida, Wellington proceeded to reconnoitre the situation of affairs in Spain. Whilst on his march after Massena he had sent word to General Menacho to maintain possession of Badajoz, promising him early assistance. Unfortunately, Menacho was killed, and was succeeded in his command by General Imaz, who appears to have been a regular traitor. Wellington, on the 9th of March, had managed to convey to him the intelligence that Massena was in full retreat, and that he should himself very soon be able to send or bring him ample assistance. Imaz had a force of nine thousand Spaniards, and the place was strong. He was besieged by about the same number of French infantry and two thousand cavalry, yet the very next day he informed Soult of Wellington's news, and offered to capitulate. Soult must have been astonished at this proceeding, if he had not himself prepaid it in French moneythe surrender of Badajoz, under the imminent approach of Wellington, being of the very highest importance. On the 11th the Spaniards were allowed to march out with what were called the "honours of war," but which, in this case, were the infamies of treachery, and Soult marched in. He then gave up the command of the garrison to Mortier, and himself marched towards Seville.

      DEPUTATION OF CONSTITUTIONALISTS BEFORE THE QUEEN OF PORTUGAL. (See p. 413.)There arose a second school of mezzotint engravers, the chief of whom were Earlom, Reynolds, Daniell, Sutherland, and Westall. The strange but intellectual Blake was both painter and his own engraver, in a style of his own. Towards the end of the reign flourished, chiefly in architectural illustrations, Le Keux, John and Henry, pupils of Bazire, Roffe, Ransom, and Scott; in landscape, William and George Cooke, William and Edward Finden, Byrne, and Pye; in portrait, Charles and James Heath, John Taylor, Skelton, Burnet, Bromley, Robinson, Warren, and Lewis.

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      this plan, and accordingly went on board another vessel, which was to sail immediately. The council caused the six cannon of the battery in the Lower Town to be pointed at her, and threatened to sink her if she left the harbor; but she disregarded them, and proceeded on her way.The Duke of York did not long survive his vehement declaration against the concession of the Catholic claims. His vow that he would never permit the Emancipation to take place, whatever might be his future positionalluding to his[255] probable accession to the Throneembittered the feelings of the Irish Roman Catholics against him. His disease was dropsy, and Mr. Sheil, at a public dinner, jeeringly referred to the "rotundity of his configuration." Mr. O'Connell, with equally bad taste, exulted in the prospect of his dissolution, and said, "I wish no physical ill to the royal duke; but if he has thrown his oath in the way of our liberties, and that, as long as he lives, justice shall not be done to the people of Ireland, it is a mockery to tell me that the people of Ireland have not an interest in his ceasing to live. Death is the corrector of human errors; it is said to be man's hour for repentance, and God's opportunity. If the royal duke should not become converted from his political errors, I am perfectly resigned to the will of God, and shall abide the result with the most Christian resignation." The duke's bodily sufferings increased very much towards the end of 1826, and in December the disease manifested the most alarming symptoms. He continued to the last to discharge his duties as Commander-in-Chief. His professional zeal flashed out even on his death-bed. At a time when his breathing was so oppressed that it was necessary to support him with pillows in an upright position, he personally gave all the orders, and directed all the arrangements, for the expedition which left England in the middle of December, when the peace of Europe was in imminent danger from the threatened invasion of Portugal. Notwithstanding his dislike to Canning, in consequence of their difference on the Catholic question, he co-operated with him in this matter with an earnestness and vigour which the Duke of Wellington himself could not have surpassed. On the 5th of January, 1827, he died.

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      Sir John Soane, who had been a pupil of Dance, Holland, and Sir William Chambers, introduced a more purely Greek style, and his achievements may be seen in Dulwich Gallery and Trinity Church, Marylebone. The most eminent disciples of this school were William Wilkins and Sir Robert Smirke. Wilkins was a servile copyist, and the National Gallery is the chief monument of his skill, or want of it. Sir Robert Smirke was of a higher order, and his erection of Covent Garden Theatre, the Mint, the Post Office, the College of Physicians, the law courts at Gloucester, Lowther Castle, etc., speak for themselves. Nash, the contemporary and successor of these architects, has left us abundance of his Gr?co-Romano-Italian medleys in the church in Langham Place, Regent's Park, and Buckingham Palace. The great merit of Nash was, that, like the brothers Adam, he gave us space, and showed, as in Regent's Park, what was needed for an immense metropolis. Towards the end[201] of the reign Gothic architecture was more cultivated, and one of Wyatt's last works was Ashridge House, in Buckinghamshire, a vast and stately Gothic pile, imposing in general effect, but far from pure in style. Still less so was Eaton Hall, in Cheshire, built by William Pordon; but the real Anglo-Gothic was now receiving the true development of its principles by the works of James Bentham, Carter, John Britton; and, finally, Thomas Rickman, in 1816, published his "Attempt to Discriminate the Styles of English Architecture," which placed these principles perspicuously before the public.

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      A regrettable episode in this rebellious movement occurred on the 29th of April in the city of Limerick. The Sarsfield Club in that place invited Messrs. Smith O'Brien, Mitchell, and Meagher to a public soire. The followers of O'Connell, known as the Old Ireland party, being very indignant at the treatment O'Connell had received from the Young Ireland leaders, resolved to take this opportunity of punishing the men who had broken the heart of the Liberator. They began by burning John Mitchel in effigy, and, placing the flaming figure against the window where the soire was held, they set fire to the building. As the company rushed out they were attacked by the mob. Mr. Smith O'Brien, then member for the county of Limerick, was roughly handled. He was struck with a stone in the face, with another in the back of the head, and was besides severely hurt by a blow on the side. Had it not been for the protection of some friends who gathered round him, he would probably have been killed.


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