But matters had greatly changed at Calcutta before this. Maclean did not present the letter of resignation till October, 1776; but, in September of that year, Colonel Monson had died, and, the members in the Council being now equal, the Governor-General's casting vote restored to him his lost majority. Hastings was not the man to defer for a moment the exercise of his authority. He began instantly to overturn, in spite of their most violent efforts, the measures of Francis and friends. He dismissed Goordas from the chief authority in Oude, and reinstated his "dear friend, Nat Middleton," as he familiarly termed him. He revived his land revenue system, and was planning new and powerful alliances with native princes, especially with the Nabob of Oude, and the Nizam of the Deccan, not omitting to cast a glance at the power of the Sikhs, whose dangerous ascendency he already foresaw. In the midst of these and other grand plans for the augmentation of British power in Indiaplans afterwards carried out by othershe was suddenly astounded by the arrival of a packet in June, 1777, containing the news of his resignation, and of its acceptance by the Directors. He at once protested that it was invalid, as he had countermanded the resignation before its presentation; but General Clavering, as next in succession, at once claimed the office of Governor-General, and Francis, in Council, administered the oath to him. Clavering immediately demanded the keys of the fort and the treasury from Hastings; but that gentleman refused to admit his own resignation, much less Clavering's election to his post. Here, then, were two would-be Governor-Generals, as Europe had formerly seen two conflicting Popes. To end the difficulty, Hastings proposed that the decision of the question should be referred to the Supreme Court. It is wonderful that Clavering and Francis should have consented to this, seeing that Impey, Hastings' friend, and the judge of Nuncomar, was at the head of that Court; but it was done, and the Court decided in Hastings' favour. No sooner was Hastings thus secured, than he charged Clavering with having forfeited both his place in the Council, and his post as Commander-in-Chief of the Forces, by attempting to seize on the Governor-Generalship. Clavering and Francis were compelled to appeal once more to the Supreme Court, and this time, to his honour, Impey decided in favour of Clavering. Clavering, who had been deeply mortified by his defeat, died a few days after this occurred, in August, 1777. By this event the authority of Hastings in the government was sufficiently restored, notwithstanding that Wheler generally sided with Francis, for him to carry his own aims. The fire had soon become general, and a desperate struggle was raging along the whole line. Buonaparte threw column after column forward against the British squares; but they were met with deadly volleys of artillery and musketry, and reeled back amid horrible slaughter. A desperate push was made to carry La Haye Sainte and the farm of Mont St. Jean, on Wellington's left centre, by the cuirassiers, followed by four columns of French infantry. The cuirassiers charged furiously along the Genappe causeway, but were met and hurled back by the heavy British cavalry. The four columns of infantry reached La Haye Sainte and dispersed a body of Belgians; but Picton, advancing with Pack's brigade, forced them back, and the British cavalry, which had repulsed the cuirassiers, attacking them in flank, they were broken with heavy slaughter and left two thousand prisoners and a couple of eagles behind them. But the British, both cavalry and infantry, pursuing their advantage too far, were in turn repulsed with great loss, and Generals Picton and Ponsonby were killed. The French then again surrounded La Haye Sainte, where a detachment of the German legion, falling short of ammunition, and none being able to be conveyed to them, were literally massacred, refusing to surrender. In a little time the French were driven out of the farmhouses by shells.

Marriage is one of the fundamental principles of the social system. The law of marriage, therefore, ought to be plain and simple, intelligible to all, and guarded in every possible way against fraud and abuse. Yet the marriage laws of the United Kingdom were long in the most confused, unintelligible, and unsettled state, leading often to ruinous and almost endless litigation. A new Marriage Act was passed in the Session now under review, which, like many Acts of the kind, originated in personal interests affecting the aristocracy. It was said to have mainly arisen out of the marriage of the Marquis of Donegal with Miss May, who was the daughter of a gentleman celebrated for assisting persons of fashion with loans of money. The brother of the marquis sought to set this marriage aside, and to render the children illegitimate, in order that he might himself, should the marquis die without lawful issue, be heir to his title and estates. In law the marriage was invalid; but it was now protected by a retrospective clause in the new Act. By the Marriage Act of 1754 all marriages of minors certified without the assent of certain specified persons were declared null. A Bill was passed by the Commons giving validity to marriages which, according to the existing law, were null, and providing that the marriages of minors, celebrated without due notice, should not be void, but merely voidable, and liable to be annulled only during the minority[226] of the parties, and at the suit of the parents or guardians.

THE "MEDIATOR" BREAKING THE BOOM AT LA ROCHELLE. (See p. 585.) Lower Canada was inhabited chiefly by French Canadians, speaking the French language, retaining their ancient laws, manners, and religion, wedded to old customs in agriculture, and stationary in their habits. Of its population, amounting to 890,000 in 1852, nearly three-fourths were of French origin, the remainder being composed of emigrants from Great Britain and Ireland and other countries, while in Upper Canada the number of French was under 27,000. Lower Canada, however, might have been expected to make much more rapid progress from its natural advantages in being much nearer to the seaboard of the Gulf of St. Lawrence, and being enabled to monopolise much of the ocean navigation, which terminated at Montreal. Thus, the cities of Quebec and Montreal rose quickly into importance when the Upper Province began to be settled. In 1827 the cities had each a population of above 27,000; but by the census of 1852 it was found that Quebec had a population of 42,000, and Montreal 57,000. The growth of the towns of Upper Canada was still more rapid. In 1817 Toronto, then called Little York, had only 1,200 inhabitants; in 1826 it had scarcely 1,700; but in 1836 it had risen to 10,000. Among the other principal towns of Upper Canada were Hamilton, Kingston, London, and Bytown (now called Ottawa), which grew rapidly. Situated so near Europe, and offering inexhaustible supplies of fertile and cheap land, with light taxes and a liberal government, it was natural to expect in Upper Canada a mixed population, and an analysis of the census of 1852 showed that its inhabitants were composed of people from most of the countries of Europe. The largest single element was composed of Canadians, not of French origin, upwards of half a million; the next of Irish, 176,267; then English, 82,699; Scottish, 75,811; from the United States, 43,732; Germany and Holland, 10,000. Many of those settlers emigrated from the old countries to avoid the pressure of distress. They consisted, to a large extent, of the worst paid classes of workmen, such as hand-loom weavers, that had lost employment by the introduction of machinery. Those persons were now found to be in the enjoyment of independence, as the proprietors of well-cleared and well-cultivated farms, having all the necessaries of life in abundance.

As he left the hall he turned and said, "Farewell, my lords; we shall never meet again in the same place." And with this tragi-comedy closed the strange, romantic, and melancholy rebellion of 1745 and 1746, for in a few weeks an act of indemnity was passed, disfigured, however, with eighty omissions. It was followed by other measures for subduing the spirit of the vanquished Highlandersthe disarming act, the abolition of heritable jurisdiction, and the prohibition of the Highland costume.


The Bill was suffered to pass the second reading, but was thrown out, on the motion of its being committed, by two hundred and twenty-two against two hundred and fourteen. Fox then gave notice of his intention of bringing in a new Bill of his own on India, and demanded to know from the Ministers whether he might expect to proceed in security with it, or whether the House would be dissolved. Pitt did not answer; the question was repeated by other members, but Pitt continued silent, till General Conway said it was a new thing to see a Minister sitting in sulky silence, and refusing to satisfy the reasonable desires of the House. This brought out Pitt with an indignant denial; but he preserved silence as to the probability of a dissolution.

Fortunately, Municipal Reform in Scotland did not give much trouble. It was accomplished almost without any discussion or party contention. It was based upon the provisions of the Scottish Reform Bill, which settled the whole matter by the simple rule that the Parliamentary electors of every burgh should be the municipal electors; also that the larger burghs should be divided into wards, each of which should send two representatives to the town council, chosen by the qualified electors within their respective bounds; and that the provost and bailies, corresponding to the English mayor and aldermen, should be chosen by the councillors, and invested with the powers of magistrates in the burgh. The functionaries were to be elected for three years, and then to make way for others elected in the same manner to succeed them. They were invested with the control and administration of all corporate property and patronage of every description.

In the morning of that daya fine and sunny dayHill leading on our right drove the French from the heights of La Puebla. This was not done without a severe struggle. The Spanish general, Morillo, led on his brigade bravely, and was wounded. Colonel the Hon. G. Cadogan, in the action on the heights, was also mortally wounded, but refused to quit the field, and was carried to an elevation where he could watch the progress of the battle while he lived. General Hill then pushed the French across the river Zadora and the defiles and heights beyond to the village of Subijana de Alava, which he took possession of, and the French left fell back on Vittoria. The other divisions, under Lord Dalhousie, Sir Thomas Picton, and General Cole, also crossed the river at different bridges or fords, and everywhere drove the French before them. The scene from the heights, which were crowded with people, was one of the most animating ever beheld; the British everywhere advancing amid the roar of cannon and musketry, the French retiring everywhere on Vittoria. In the meantime, our left, under Sir Thomas Graham, having a considerable number of Spanish and Portuguese troops in it, advanced to the heights beyond the Zadora, along the Bilbao road, and carried the village of Gamara Mayor, while the Spanish division of Longa carried that of Gamara Monor. Both the Spanish and Portuguese troops behaved admirably. While Major-General Robertson's brigade carried Gamara Mayor, Colonel Halkett's, supported by that of General Bradford, carried the village of Abechuco. Here a determined effort was made by the French to recover this post, but they were driven back by Major-General Oswald, with the fifth division.

The duties on bricks and tiles were opposed, as affecting brick-makers rather than the public, because stones and slates were not included. These duties were, however, carried, and the Bill passed; but great discontent arising regarding the duties on coals and on licences to deal in excisable commodities, the Chancellor of the Exchequer was obliged to produce a supplementary Budget, and, after withdrawing these, to lay others on the sale of ale, gold and silver plate, the exportation of lead, and postage of letters, at the same time limiting the privilege of franking. It was high time that the latter practice were put under regulation, for the privilege was enormously abused. Till this time, a simple signature of a member of Parliament, without name of the post town whence it was sent, or date, freed a letter all over the kingdom. Many persons had whole quires of these signatures, and letters were also addressed to numbers of places where they did not reside, so that, by an arrangement easily understood, the persons they were really meant for received them post-free. The loss to Government by this dishonest system was calculated at one hundred and seventy thousand pounds a year. By the present plan, no member was to permit any letter to be addressed to him except at the place where he actually was; and he was required, in writing a frank, to give the name of the post town where he wrote it, with the dates of day and year, and to himself write the whole address.