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Great was the excitement when, in pursuance of this recommendation, Mr. Peel introduced the Emancipation Bill on the 5th of March. Everywhere the Protestant press teemed, and the Protestant pulpit rang, with denunciations of Wellington and Peel as arch-traitors. From the highest pinnacle of popularity the Duke fell to the lowest depth of infamy; the laurels won in so many glorious fields were withered by the furious breath of popular execration. Petitions were poured into the House of Commons from all parts of the United Kingdom, and "the pressure from without" was brought to bear against the two Ministers, who were considered the chief delinquents, with a force and vehemence that would have deterred a man of weaker nerves than the Duke of Wellington; but he felt that he had a duty to discharge, and he did not shrink from the consequences. Nor did Mr. Peel. His speech, in introducing the measure, went over the ground[296] he had often traversed in privately debating the question with his friends. Matters could not go on as they were. There must be a united Cabinet to carry on the king's Government effectually. It must be united either on the principle of Catholic Emancipation or Catholic exclusion. It must either concede the Catholic claims, or recall existing rights and privileges. This was impossibleno Government could stand that attempted it; and if it were done, civil war would be inevitable. The House of Commons, trembling in the nice balance of opinion, had at length inclined to concession. Ireland had been governed, since the union, almost invariably by coercive Acts. There was always some political organisation antagonistic to the British Government. The Catholic Association had just been suppressed; but another would soon spring out of its ashes if the Catholic question were not settled. Mr. O'Connell had boasted that he could drive a coach-and-six through the former Act for its suppression; and Lord Eldon had engaged to drive "the meanest conveyance, even a donkey cart, through the Act of 1829." The new member for Oxford (Sir Robert Inglis) also stated that twenty-three counties in Ireland were prepared to follow the example of Clare. "What will you do," asked Mr. Peel, "with that power, that tremendous power, which the elective franchise, exercised under the control of religion, at this moment confers upon the Roman Catholics? What will you do with the thirty or forty seats that will be claimed in Ireland by the persevering efforts of the agitators, directed by the Catholic Association, and carried out by the agency of every priest and bishop in Ireland?" Parliament began to recede; there could be no limit to the retrogression. Such a course would produce a reaction, violent in proportion to the hopes that had been excited. Fresh rigours would become necessary; the re-enactment of the penal code would not be sufficient. They must abolish trial by jury, or, at least, incapacitate Catholics from sitting on juries. Two millions of Protestants must have a complete monopoly of power and privilege in a country which contained five millions of Catholics, who were in most of the country four to onein some districts twenty to oneof the Protestants.<024>
THREE:By this dispersion of the Spaniards the British battalions were wholly exposed, and the whole might of Soult's force was thrown upon them. A tremendous fire from the hills, where the Spaniards ought to have stood, was opened on the British ranks, and several regiments were almost annihilated in a little time. But the 31st regiment, belonging to Colborne's brigade, supported by Horton's brigade, stood their ground under a murderous fire of artillery, and the fiery charge of both horse and foot. They must soon have fallen to a man, but Beresford quickly sent up a Portuguese brigade, under General Harvey, to round the hill on the right, and other troops, under Abercrombie, to compass it on the left; while, at the suggestion of Colonel (afterwards Lord) Hardinge, he pushed forward General Cole with his brigade of fusiliers up the face of the hill. These three divisions appeared on the summit simultaneously. The advance of these troops through the tempest of death has always been described as something actually sublime. Moving onward, unshaken, undisturbed, though opposed by the furious onslaught of Soult's densest centre, they cleared the hill-top with the most deadly and unerring fire; they swept away a troop of Polish lancers that were murderously riding about goring our wounded men, as they lay on the ground, with their long lances.
ONE:About a week before the king died the physician delicately announced to him the inevitable catastrophe, when he said, "God's will be done." His sufferings were very great, and during the paroxysms of pain his moans were heard even by the sentinels in the quadrangle. On the night of the 25th of June his difficulty of breathing was unusually painful, and he motioned to his page to alter his position on the couch. Towards three o'clock he felt a sudden attack of faintness, accompanied by a violent discharge of blood. At this moment he attempted to raise his hand to his breast, and ejaculated, "O God, I am dying!" Two or three seconds afterwards he said, "This is death." The physicians were instantly called, but before they arrived the breath of life was gone. A post mortem examination showed ossification of the heart, which was greatly enlarged, and adhering to the neighbouring parts. The liver was not diseased; but the lungs were ulcerated, and there were dropsical symptoms on the skin, on various parts of the body. The king was an unusually large and, at one time, well-proportioned man; but he afterwards became very corpulent. He died on the 26th of June, in the sixty-eighth year of his age and the eleventh of his reign, having been Prince Regent for ten years. During his last illness the bulletins had been unusually deceptive. The king was anxious to put away the idea of dissolution from his own mind, and unwilling that the public should know that his infirmities were so great; and it was said that he required to see the bulletins and to have them altered, so that he was continually announced as being better till the day of his death. His message to both Houses on the 24th of May, however, put an end to all delusion on the subject. He wished to be relieved from the pain and trouble of signing Bills and documents with his own hand. A Bill was therefore passed to enable him to give his assent verbally, but it was jealously guarded against being made a dangerous precedent. The stamp was to be affixed in the king's presence, by his immediate order given by word of mouth. A memorandum of the circumstances must accompany the stamp, and the document stamped must be previously endorsed by three members of the Privy Council; the operation of the Act was limited to the existing Session. The three Commissioners appointed for affixing his Majesty's signature were Lord Farnborough, General Sir W. Keppel, and Major-General A. F. Barnard.

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FORE:At the very moment that these negotiations on the part of Britain were going on, Buonaparte, who had been appointed to the command of the army of Italy, was achieving there victory after victory. Genoa had shut her ports against our ships, Naples had concluded peace with France, Spain had been induced to proclaim war against us, and Hoche had sailed for Ireland with twenty-five thousand troops. On the 19th of December Lord Malmesbury received a message to quit Paris within forty-eight hours, with the additional assurance, that whenever Great Britain was prepared to accept the terms of France, an ordinary courier would answer the same purpose as well as[451] a lord. The blame of continuing the war thus lay entirely with the French.

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FORE:The feeling of humanity that gained ground among the masses powerfully affected the middle classes. The consequence was that the state of public feeling produced by the practical inculcation of Christianity and the diffusion of knowledge compelled our legislature to change its system, despite the obstinate resistance of Lords Eldon and Ellenborough, hardened by a long official familiarity with the destructive operation of legal cruelty. How fearful the amount of that destruction was we may infer from the calculation of Mr. Redgrave, of the Home Office, who stated that had the offences tried in 1841 been tried under the laws of 1831, the eighty capital sentences would have been increased to 2,172. Mr. Redgrave gave the following succinct history of the mitigation of the criminal code during the reigns of George IV. and William IV., in a series of enactments which were extorted from a reluctant Legislature by society, humanised through the education of the masses:In 1826, 1827, and 1828 Sir Robert Peel carried several very important Bills for the consolidation and amendment of the criminal laws, but these Bills did not abolish capital punishments. That statesman, indeed, made it a matter of boast that he did not constitute any new capital felonies, and pointed out an instance in which he had abated the capital punishment by increasing from 40s. to 5, the sum of which the theft in a dwelling-house constituted a capital offence, and by widening the technical description of a dwelling. In 1830 Sir Robert Peel brought in his Forgery Bill, and petitions were poured into the House from all quarters against the re-enactment of the severe penalties for this offence. Sir James Mackintosh again took up the subject, and moved that the capital punishment be struck out from the Bill. He was unsuccessful; but in the last stage of the measure Mr. Spring-Rice was enabled to defeat the Ministry by a majority of 151 to 138, and to remove the sentence of death from the Bill. It was, however, restored by the Lords, and the Bill, as altered, was suffered to pass the House of Commons at the end of the Session. In 1832 two most important Bills for abolishing capital punishments were passed. Mr. Ewart, assisted by the Government, was able to carry a Bill abolishing the punishment of death in cases of horse, sheep, and cattle stealing, and larceny in a dwelling-house. He was opposed by Sir Robert Peel, and an amendment was made in the Lords, subjecting these offences to the fixed penalty of transportation for life. At the same time, Ministers brought in a Bill for abolishing capital punishment in cases of forgery. The Bill was introduced into the Commons by the Attorney-General, and into the House of Lords by the Lord Chancellor. It passed into law, but an amendment was made in the House of Lords, under protest of the Lord Chancellor, exempting the forgery of wills and powers of attorney to transfer stock, which offences were left capital. In 1833 Mr. Leonard carried his Bill for abolishing capital punishment for housebreaking, executions for which offence were continued down to 1830. In 1834 Mr. Ewart carried a Bill for abolishing capital punishment for returning from transportation, and in the following year for sacrilege and letter-stealing. This was the state of the criminal law when Lord John Russell brought in Bills for its mitigation, founded on the report of a committee which Government had appointed. The little progress which Sir S. Romilly and Sir J. Mackintosh had made in opposition to the Governments of their day will be seen by the foregoing sketch, as well as the extensive and salutary changes which followed. Lord John Russell's Bills effected an extensive abolition of the sentence of death, and a mitigation of the secondary punishments. He was enabled to abolish capital punishments in all cases but murder and attempts to murder where dangerous bodily injuries were effected; burglary and robbery when attended with violence or wounds; arson of dwelling-houses where life was endangered; and six other offences of[427] very rare occurrence. The number of capital convictions in 1829 was 1,385; and in 1834, three years after the extensive abolition of capital punishments, the number was reduced to 480.It remains only to notice the terminating scene of the once gay Murat, Buonaparte's gallant leader of cavalry in so many campaigns, and finally King of Naples. In consequence of plans that he had laid with Buonaparte in Elba, Murat rose on the 22nd of March of this year, and pushed forward with the intention of driving the Austrians out of Upper Italy. But Austria was well aware of what had been in progress, and, though Murat proclaimed the independence of Italy, the Italians fled from him rather than joined him. On the Po he was met by the Austrians, under General Fremont, fifty thousand strong, and defeated. He retreated rapidly towards Naples again, suffering other discomfitures, and at the same time receiving a notice from Lord William Bentinck that, as he had broken his convention with the European Powers, Britain was at war with him. To keep the Neapolitans in his interest, he drew up a liberal Constitution, on the 12th of May, amid the mountains of the Abruzzi, and sent it to Naples, where his queen, Caroline Buonaparte, proclaimed it. It was of no avail; the people, instead of assisting him, were ready to rise against him, and his soldiers every day rapidly deserted and went to their homes.
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  • THREE:O'CONNELL RETURNING HOME FROM PRISON. (See p. 532.)In the midst of these deeply-planned man?uvres Buonaparte proceeded to make his last move in his great game. He had intimidated the Royalists by the seizure and fusilading of the Duke d'Enghien; he had deprived the Republicans of their leader in Moreau, who was exiled; the nation was passive; all its branching lines of authority were in his hands; and there remained only to erect a throne and seat himself upon it. It must not be a regal throne, because that would too much remind the world of the claims of the Bourbons: it should, therefore, be an imperial one, and mark a totally new era in France. It was one which was especially calculated to flatter the French vanity. Accordingly, on the 30th of April, Curea man of no particular note, and perhaps selected on that account for the occasion, as his proposal might be the more easily disavowed, if it were resistedrose in the tribunate, and proposed that Napoleon Buonaparte should be invested with the title of Emperor.

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  • THREE:LADY HAMILTON WELCOMING THE VICTORS OF THE NILE.On the return of the king and Carteret, Parliament was opened on the 1st of December. The first trial of the Opposition was on the Address, on which occasion its real strength was not called forth, and this was carried by two hundred and seventy-eight votes against one hundred and forty-nine. But the subject of Hanoverian troops and Hanoverian measures soon displayed its extent and virulence. There was a vehement feeling against everything relating to Hanover, and Pitt lost no time in denouncing Carteret and his measures in the most bitter terms. Pitt's thunder was echoed by others, and the scene in the Commons was described by a spectator as like nothing but a tumultuous Polish Diet. Such was the ferment amid which opened the year 1744, and it soon became evident that the existence of the country was at stake. Preparations had been making for the invasion of England for some time. Cardinal Tencin, the new French Minister, sent Murray of Broughton to James in Rome, to desire him to send his eldest son, Prince Charles, to France to be in readiness for the campaign[87] in England, and in due course the Young Pretender arrived at Gravelines.

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  • THREE:During this brilliant campaign in Italy, Moreau, in Germany, had beaten General Kray in several engagements, advanced to Ulm, and there, crossing the Danube, had overrun a great part of Bavaria, and had made himself master of Munich and menaced Vienna. On hearing of the armistice in Italy, the Emperor demanded one for Austria, to continue till September; and Buonaparte, seeing that the Czar Paul had ceased to support Austria, recommended the Emperor to make peace with[478] France. The Emperor required that Britain should be included in it. But Napoleon demanded a separate negotiation, which Austria was afraid to grant. No sooner was this answer received in Paris than Buonaparte gave the word for renewed and vigorous action, both in Italy and Germany. Moreau advanced by Salzburg towards Vienna, whilst Brune drove the Austrians from the Mincio, and over the Adige and the Brenta to the very vicinity of Venice, whilst Macdonald occupied the passes of the Tyrol, ready to march to the support of the army either in Italy or Germany. The Archduke John met Moreau near Haag, and for a moment worsted him; but on the 2nd of December the two armies came to a general engagement at Hohenlinden, between the rivers Iser and Inn, in which the Austrians were routed, with a loss of ten thousand men. Moreau advanced and occupied Salzburg, and trembling for the safety of Vienna itself, the Emperor hastened to make peace. An armistice was signed on the 25th of December, and the treaty was concluded at Lunville on the 9th of February, 1801. By this treaty all the conditions of the Treaty of Campo Formio were renewed, and the frontier of the Rhine was again ceded to France.The Prussian people, however, on their part, were clamorous for war; they still prided themselves on the victories of Frederick, called the Great, and the students and the young nobles were full of bravado. But, unfortunately, they had not generals like Frederick to place at the head of their armies, and their military system was entirely obsolete. The Duke of Brunswick, who, in his youth, had shown much bravery in the Seven Years' War, but who had been most unfortunate in his invasion of France, in 1792, was now, in his seventy-second year, placed in chief command, to compete with Napoleon. Nothing could exceed the folly of his plan of the campaign. The whole force of Prussia, including its auxiliaries, amounted only to about one hundred and fifty thousand men. Of these the Saxons, who had reluctantly united with Prussia, and had only been forced into co-operation by the Prussians marching into their country, and, in a manner, compelling them, were worse than lukewarm in the cause; they were ready at any moment to join the French. Besides these, and the troops of Hesse-Cassel, they had not an ally except the distant Russians. On the other hand, Napoleon had a considerably superior army of his own in advance, and he had immense forces behind the Rhine, for he had anticipated a whole year's conscription. He had, moreover, his flanks protected by his friendly confederates of the Rhine, ready to come forward, if necessary. In these circumstances, Prussia's policy ought to have been to delay action, by negotiation or otherwise, till the Russians could come up, and then to have concentrated her troops so as to resist, by their momentum, the onset of the confident and battle-practised French. But, so far from taking these precautions, the Duke of Brunswick rushed forward at once into Franconia, into the very face of Buonaparte, and long before he could have the assistance of Russia. Instead of concentrating his forces, Brunswick had stretched them out over a line of ninety miles in length. He and the king had their headquarters at Weimar; their left, under Prince Hohenlohe, was at Schleitz, and their right extended as far as Mühlhausen. The Prussians, in fact, appeared rather to be occupying cantonments than drawn into military position for a great contest. Besides they had in front of them the Thuringian Forest, behind which Napoleon could man?uvre as he pleased.

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  • THREE:On the 29th of January, 1823, the King of France opened the Chambers with a speech of decidedly warlike tone. It spoke of 100,000 French soldiers prepared to march under a prince of the blood for the deliverance of Ferdinand VII. and his loyal people from the tyranny of a portion. A few weeks afterwards the march commenced, and from the Bidassoa to Madrid it was a continued triumph. The king was set at liberty, and the gates of Cadiz were opened. The Spaniards were not true to themselves, the mass of the people being unable to appreciate liberal institutions. There was also a counter-revolution in Portugal, aided by foreign bayonets, restoring the despotic system. These events produced great dissatisfaction in England, and the Duke was strongly censured for the timidity of his tone in the Congress. Replying to attacks made in the Upper House by Lords Ellenborough, Holland, and Grey, he asked whether it would be becoming in one who appeared in the character of a mediator to employ threats, especially if he had no power to carry them into effect:"Were they for a policy of peace or a policy of war? If for the former, could he go farther than to declare that to any violent attack on the independence of Spain the king his master would be no party? If for the latter, all he had to say was that he entirely differed from them, and he believed that his views would be supported by all the intelligent portion of the community."

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FORE:The objects of the Association were"1st, to forward petitions to Parliament; 2nd, to afford relief to Catholics assailed by Orange lodges; 3rd, to encourage and support a liberal and independent press, as well in Dublin as in Londonsuch a press as might report faithfully the arguments of their friends and refute the calumnies of their enemies; 4th, to procure cheap publications for the various schools in the country; 5th, to afford aid to Irish Catholics in America; and, 6th, to afford aid to the English Catholics." Such were the ostensible objects, but more was aimed at than is here expressed. The Association was formed on a plan different from other bodies in Ireland. It proposed to redress all grievances, local or general, affecting the people. It undertook as many questions as ever engaged the attention of a legislature. "They undertook," said the Attorney-General Plunket, "the great question of Parliamentary Reform; they undertook the repeal of the union; they undertook the regulation of Church property; they undertook the administration of justice. They intended not merely to consider the administration of justice, in the common acceptance of the term; but they determined on the visitation of every court, from that of the highest authority down to the court of conscience. They did not stop here. They were not content with an interference with courts; they were resolutely bent on interfering with the adjudication of every cause which affected the Catholics, whom they styled 'the people of Ireland.'"[See larger version]
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FORE:Apprehensions of this kind were not lessened by the memorable speech of Mr. Canning, delivered on the 15th of February, in which he gave a narrative of his labours and sacrifices in the Catholic cause, and complained of the exactions and ingratitude of its leaders. Having shown how he stood by the cause in the worst of times, he proceeded:"Sir, I have always refused to act in obedience to the dictates of the Catholic leaders; I would never put myself into their hands, and I never will.... Much as I have wished to serve the Catholic cause, I have seen that the service of the Catholic leaders is no easy service. They are hard taskmasters, and the advocate who would satisfy them must deliver himself up to them bound hand and foot.... But to be taunted with a want of feeling for the Catholics, to be accused of compromising their interests, conscious as I amas I cannot but beof being entitled to their gratitude for a long course of active services, and for the sacrifice to their cause of interests of my ownthis is a sort of treatment which would rouse even tameness itself to assert its honour and vindicate its claims."
THREE:The year 1824 is memorable in Ireland for the establishment of the Catholic Association. The Catholic question had lain dormant since the union. Ireland remained in a state of political stupor. There was a Catholic committee, indeed, under the direction of a gentleman of property, Mr. John Keogh, of Mount Jerome, near Dublin. But his voice was feeble, and seldom heard. The councils of the Roman Catholics were much distracted. Many of the bishops, and most of the gentry, recommended prudence and patience as the best policy. Liberal statesmen in England were willing to make concessions, but the conscientious scruples of George III. had presented an insuperable barrier in the way of civil equality. There was an annual motion on the subjectfirst by Grattan, then by Plunket, and lastly by Burdett; but it attracted very little attention, till the formidable power of the Catholic Association excited general alarm for the stability of British institutions. Adverting to the past history of Irelandher geographical position, her social state in respect of the tenure of property, and the numbers of the respective religious denominations of her peoplethe ablest Conservative statesmen considered that it would be extremely difficult to reconcile the perfect equality of civil privilege, or rather the bona fide practical application of that principle, with those objects on the inviolable maintenance of which the friends and opponents of Catholic Emancipation were completely agreednamely, the Legislative union and the Established Church. There was the danger of abolishing tests which had been established for the express purpose of giving to the legislature a Protestant charactertests which had been established not upon vague constitutional theories, but after practical experience of the evils which had been inflicted and the dangers which had been incurred by the struggles for ascendency at periods not remote from the present. There was the danger that the removal of civil disabilities might materially alter the relations in which the Roman Catholics[249] stood to the State. Sir Robert Peel, in his "Memoirs," recites those difficulties at length, and in all their force. He fully admits that "the Protestant interest" had an especial claim upon his devotion and his faithful service, from the part which he had uniformly taken on the Catholic question, from the confidence reposed in him on that account, and from his position in Parliament as the representative of the University of Oxford.It was with this object that Mr. Pierce Mahony got up the celebrated "Leinster declaration," so called from the signature of Ireland's only duke. But the experiment served only to reveal the weakness of the moderate party, for after lying for signature in Latouche's Bank for two months, only forty-two names were attached to it within that period. When, however, the struggle between the two parties was on the point of having a bloody issue, the alarm spread through the ranks of moderate men on both sides, and the document rapidly received signatures. The declaration set forth that the disqualifying laws which affected Roman Catholics were productive of consequences prejudicial in the highest degree to the interests of Irelandthe primary cause of her povertythe source of political discontents and religious animositiesdestructive alike of social happiness and national prosperity. Unless the legislature should speedily apply a remedy to those evils, they must in their rapid progression assume such a character as would, perhaps, render their removal impossible. It was stated, therefore, to be a matter of paramount importance that the whole subject should be taken into immediate consideration by Parliament, "with a view to such a final conciliatory adjustment as may be conducive to the peace and strength of the United Kingdom, to the stability of our national institutions, and to the general satisfaction and concord of all classes of his Majesty's subjects."
FORE:RETREAT OF THE ROYALISTS FROM TOULON. (See p. 423.)On the 23rd Moore was obliged to halt for the coming of his supplies; and whilst doing so, he received the intelligence that no fewer than seventy thousand men were in full march after him, or taking a route so as to cut off his rear at Benevento, and that Buonaparte himself headed this latter division. There was no further thought of advancing, but of retreat, before the army was completely surrounded. By the 26th the whole army was beyond Astorga, but the French were now close behind them. Buonaparte, indeed, hoped to have rushed on by the Guadarama, and to have cut off his retreat at Tordesillas, but he was twelve hours too late. On the last day of December, 1808, Buonaparte was pressing close on the British rear in the vicinity of Astorga, and thus closed the year on the fortunes of the Spaniards and their British Allies. The boastful Spanish armies, too proud to think at first that they needed assistance, too unskilful, when they did see the need of it, to co-operate with it, and who had afforded nothing but indifference and false intelligence to their benefactors, were dispersed like so many clouds, and their Allies were flying from an overwhelming foe.
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But of all the parties which remembered their wrongs and indignities, the Roman Catholic clergy were the most uncomplying and formidable. They had seen the Pope seized in his own palace at Rome, and forced away out of Italy and brought to Fontainebleau. But there the resolute old man disdained to comply with what he deemed the sacrilegious demands of the tyrant. Numbers of bishoprics had fallen vacant, and the Pontiff refused, whilst he was held captive, to institute successors. None but the most abandoned priests would fill the vacant sees without the papal institution. At length Buonaparte declared that he would separate France altogether from the Holy See, and would set the Protestant up as a rival Church to the Papal one. "Sire," said the Count of Narbonne, who had now become one of Buonaparte's chamberlains, "I fear there is not religion enough in all France to stand a division." But in the month of June Buonaparte determined to carry into execution his scheme of instituting bishops by the sanction of an ecclesiastical council. He summoned together more than a hundred prelates and dignitaries at Paris, and they went in procession to Notre Dame, with the Archbishop Maury at their head. They took an oath of obedience to the Emperor, and then Buonaparte's Minister of Public Worship proposed to them, in a message from the Emperor, to pass an ordinance enabling the archbishop to institute prelates without reference to the Pope. A committee of bishops was found complying enough to recommend such an ordinance, but the council at large declared that it could not have the slightest value. Enraged at this defiance of his authority, Buonaparte immediately ordered the dismissal of the council and the arrest of the bishops of Tournay, Troyes, and Ghent, who had been extremely determined in their conduct. He shut them up in the Castle of Vincennes, and summoned a smaller assembly of bishops as a commission to determine the same question. But they were equally uncomplying, in defiance of the violent menaces of the man who had prostrated so many kings but could not bend a few bishops to his will. The old Pope encouraged the clergy, from his cell in Fontainebleau, to maintain the rights of the Church against his and its oppressor, and thus Buonaparte found himself completely foiled.
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