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      * The governor and intendant made frequent appeals to the twenty-first


      Meanwhile an expedition against Canada had been projected by Colonel Arnold and Ethan Allen at the taking of the forts of Ticonderoga and Crown Point. The recommendations of Allen were taken up, and on the 27th of June, although they had on the first of that month declared their determination not to invade or molest Canada, the Congress passed other resolutions, instructing Philip Schuyler, one of their newly-made generals, to proceed to Ticonderoga, and thence, if he saw it practicable, to go on and secure St. John's and Montreal, and adopt any other measures against Canada which might have a tendency to promote the security of the colonies. It was autumn, however, before the American force destined for this expedition, amounting to two thousand men, assembled on Lake Champlain; and Schuyler being taken ill, the command then devolved on General Montgomery. General Carleton, the Governor of Canada, to whom the Americans, when it suited their purpose, were always attributing designs of invasion of the colonies, had not, in fact, forces sufficient to defend himself properly.An armistice was now demanded by the Alliesit is said at the instance of Austria, who desired to act as mediatorand gladly assented to by Napoleon, who was desirous of completing his preparations for a more determined attack. The armistice was signed on the 4th of June at the village of Pleisswitz.


      Mr. Morgan O'Connell soon found that he had no sinecure in undertaking to give satisfaction with the pistol for all his father's violations of the code of honour. Shortly after, Mr. Daniel O'Connell referred, in strong language, to an attack made upon him by Mr. Disraeli at Taunton:"In the annals of political turpitude, there is not anything deserving the appellation of black-guardism to equal that attack upon me.... He possesses just the qualities of the impenitent thief who died upon the Cross; whose name, I verily believe, must have been Disraeli. For aught I know, the present Disraeli is descended from him; and with the impression that he is, I now forgive the heir-at-law of the blasphemous thief who died upon the Cross." When Mr. Disraeli read this tremendous philippic, he wrote to Mr. Morgan O'Connell for satisfaction, which the latter denied his right to demand. He had not seen the attack, nor was he answerable for his father's words, though he had taken up his quarrel with Lord Alvanley. Not being able to get satisfaction by means of pistols, he had recourse to the pen; and, certainly, if O'Connell's attack was violent, the retaliation was not of the meekest. However, ink alone was spilt.

      It is against crimes affecting the person that punishments are most desirable and their vindictive character most justly displayed. Personal violence calls for personal detention or personal chastisement;[102] and the principle of analogy in punishment is most appropriate in the case of a man who maltreats his wife or abuses his strength against any weakness greater than his own. Punishment in such cases is a demand of natural justice, whether anyone is affected by the example or not, and whether or not the man himself is improved by it. Not only is it the best means of enforcing that personal security which is one of the main functions of the State, but it is an expression of that sense of moral reprobation which is so necessary to the good order of society.


      In Andalusia, the French under Sebastiani held Malaga and Granada; but more eastward, the Spanish made a very troublesome resistance. It was in vain that Sebastiani marched into the mountains of Murcia to disperse the forces that Blake was again collecting there. Beaten in one place, they appeared in another. A strong force, under General Lacey, surprised a body of six thousand French at Ronda, and put them to flight, securing their arms and stores. In Catalonia, General O'Donnell stood his ground well, the country not only being by nature strong, but lying along the coast, where the British could support them by their fleets. Rushing from their hills and mountain forts, the Catalonian militia continually inflicted severe chastisement on the French invaders, and then retired to their fortresses. Marshals Suchet, Augereau, and Macdonald found it impossible to make permanent head against O'Donnell and the Catalonians. In fact, though Spain might seem to be conquered, having no great armies in the field, it was never less soand that Buonaparte felt. Wherever there were hills and forests, they swarmed with sharpshooters. For this species of warfarethe guerillathe Spanish were peculiarly adapted. The mountaineers, headed by the priest, the doctor, or the shepherd, men who, in spite of their ordinary habits, had a genius for enterprise, were continually on the watch to surprise and cut off the enemy. Other bodies of them were led by men of high birth, or of military training, but who were distinguished for their superior spirit and endurance of fatigue. These leaders had the most perfect knowledge of the woods and passes of the mountains, and had the most immediate information from the peasantry of the movements of the French. They could, therefore, come upon them when totally unlooked-for, and cut them off suddenly. If they were repulsed they disappeared like shadows into the forests and deserts. Sometimes they came several thousand strong; sometimes a little band of ten or twenty men would dash forward from their concealment and effect some startling deed. To chase them appeared hopeless, for they vanished in a thousand ways, as water sinks into the earth and disappears. To intimidate them, Soult published a proclamation that he would treat them as bandits, and immediately shoot all that he captured; and the commanders replied by another proclamation that for every Spaniard shot they would execute three Frenchmen; and they so literally fulfilled their threat that the French were compelled to return to the ordinary rules of warfare.

      "P. S.I will finish this letter, Monseigneur, by telling you that he set out yesterday, July 10th, with a detachment of two hundred men. All Quebec was filled with grief to see him embark on an expedition of war tte--tte with the man named La Chesnaye. Everybody says that the war is a sham, that these two will arrange every 103 thing between them, and, in a word, do whatever will help their trade. The whole country is in despair to see how matters are managed." [18]

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      But the man who sees in prospect a great number of years, or perhaps the whole of his life, to be passed in servitude and suffering before the eyes of fellow-citizens with whom he is living in freedom and friendship, the slave of those laws which had once protected him, makes a useful comparison of all these circumstances with the uncertain result of his crimes and with the shortness of the time for which he would enjoy their fruits. The ever present example of those whom he actually sees the victims of their own imprudence, impresses him much more strongly than the sight of a punishment which hardens rather than corrects him.


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    • scen
    • That the punishments of long custody by which we[103] now defend our lives and properties are out of all proportion to the real needs of social existence is indicated by such a fact as that no increase of crime used to attend the periodical release of prisoners which was for long, if it is not still, customary in Russia at the beginning of each reign. Neither in India, when on the Queens assumption of the title of Empress, a pardon was granted to about one-tenth of the prison population, did any increase of crime ensue, as, according to all criminal reasoning, it should have done, if the safety of society depends on the custody of the criminal class.[60] In Sweden a low rate of crime seems to be a direct consequence of a low scale of punishment. Of those condemned to travaux forcs, which may vary from a period of two months to a period for life, 64 per cent. are condemned for one year, and only 3 per cent. are condemned for seven years;[61] whilst sentences to the latter period in England form between 50 and 60 per cent. of the sentences to penal servitude.[418]
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    • Boishébert's
    • Meanwhile the Company of New France, feudal lord of Canada, had also shown signs of returning life. Its whole history had been one of mishap, followed by discouragement and apathy; and it is difficult to say whether its ownership of Canada had been more hurtful to itself or to the colony. At the eleventh hour it sent out an agent invested with powers of controller-general, intendant, and supreme judge, to inquire into the state of its affairs. This agent, Pronne Dumesnil, arrived early in the autumn of 1660, and set himself with great vigor to his work. He was an advocate of the Parliament of Paris, an active, aggressive, and tenacious person, of a temper well fitted to rip up an old abuse or probe a delinquency to the bottom. His proceedings quickly raised a storm at Quebec.Dorvilliers
    • Laval a M. Tremblay, 1 Sept., 1708. This letter is printed,thankful
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