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On the day before her Majesty had desired to see Sir Robert Peel, to bid him farewell; but before he had set out for Windsor he had learnt the circumstances of the failure of the Whig leader to form a Cabinet; and as the result of his interview with the Queen he returned to London to resume the reins of Government. His position was greatly strengthened. Of his late Cabinet, Lord Stanley alone insisted on retiring, his place at the Board of Trade being filled by Mr. Gladstone. The baffled Whigs and the discontented monopolist party threatened a formidable combination; but, as regarded the Ministry itself, the change of policy was effected with far less sacrifice than might have been expected, considering all the circumstances of the case. * See the famous Quatre Articles of 1682, in which the intimates that the removing from power of the company, to

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Such are some of the problems connected with penology, which best illustrate the imperfection of its hitherto attained results. Only one thing as yet seems to stand out from the mist, which is, that closely associated as crime and punishment are both in thought and speech, they are but little associated in reality. The amount of crime in a country appears to be a given quantity, dependent on quite other causes than the penal laws directed to its repression. The efficiency of the latter seems proportioned[107] to their mildness, not to their severity; such severity being always spoiled by an inevitable moderation in practice. The conclusion, therefore, would seem to be, that a short simple code, with every punishment attached to every offence, with every motive for aggravation of punishment stated, and on so moderate a scale that no discretion for its mitigation should be necessary, would be the means best calculated to give to penal laws their utmost value as preventives of crime, though experience proves that as such preventives their place is a purely secondary one in a really good system of legislation.[2] Memoires de Mademoiselle de Montpensier, II. 265. The cur's holy water, or his exhortations, were at last successful.But the Government had to receive another lesson this year on the folly of endeavouring, in the nineteenth century, to crush the liberties of Britons. There was an organ called the Press, which, partaking neither of the Governmental fears of a natural complaint by the public of the evils which preyed upon it, nor the Governmental hopes of silencing the sufferers without any attempt to mitigate their calamities, reported freely the mingled folly and cruelty of Ministers, and called for the only remedy of the country's misfortunesReform. On moving the second reading of the Bill for the suspension of the Habeas Corpus Act, Lord Sidmouth observed that some noble lords had complained that the authors and publishers of infamous libels on the Government were not prosecuted. He assured them that the Government were quite as anxious as these noble lords to punish the offenders, but that the law officers of the Crown were greatly puzzled in their attempts to deal with them; that authors had now become so skilful from experience, that the difficulties of convicting them immeasurably exceeded those of any former time.In this year the Spanish Legion, which had been sent to help the Constitutionalists in Spain was dissolved, after an inglorious career. It had been constantly attacked by the Conservatives in Parliament. Thus, in the Session of 1837, Lord Mahon, who had been Under-Secretary for Foreign Affairs in Sir Robert Peel's Government, reviewed the line of policy pursued by Lord Palmerston. He complained that the public had been kept in a[454] state of ignorance whether they were at peace or at war, and in his opinion it was a peace without tranquillity and a war without honour. The object of the Quadruple Alliance had been to appease the civil dissensions in Portugal, and not to sanction the intervention of France and Britain in Spain. He lamented the policy that led to the additional articles signed in 1834, which stipulated for a certain degree of interference. But Lord Palmerston had thought proper to proceed still further, in suspending the Foreign Enlistment Act, and allowing 12,000 Englishmen to enlist under the banners of the Queen of Spain. More than 540,000 had been already expended in the war; and in Lord Mahon's opinion the influence of Great Britain in Spain had not been augmented by these measures, in proof of which he alleged that British merchants got less fair play there than French merchants. Lord Palmerston defended his policy against the attacks of Lord Mahon and other speakers. The Quadruple Treaty, he contended, contemplated assistance to the Constitutional party in Spain as well as in Portugal. It was concluded because there was a civil war in Portugal; and when the civil war was transferred to Spain, the same parties who took part with Portugal by treaty were bound at an early period to extend its provisions to Spain, its object being expressly "the pacification of the Peninsula by the expulsion of the two Infants from it." He differed widely from Lord Mahon in thinking the suspension of the Foreign Enlistment Act was disgraceful to the Government. Examples of the same kind were to be found in the most brilliant periods of the history of England.

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