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Whilst these scenes were going on all around, and the city was menaced every moment by troops, by the raving multitude, and by whole squadrons of thieves and assassins, the electors were busily employed in organising a City Guard. But, previous to entering on this task, it was necessary to[364] establish some sort of municipal authority more definite and valid than that of the electors at large. A requisition was then presented to the provost of trades (prv?t des marchands) to take the head. A number of electors were appointed his assistants. Thus was formed a municipality of sufficient powers. It was then determined that this militia, or guard, should consist of forty-eight thousand men furnished by the districts. They were to wear not the green, but the Parisian cockade, of red and blue. Every man found in arms, and wearing this cockade, without having been enrolled in this body by his district, was to be apprehended, disarmed, and punished. And thus arose the National Guard of Paris.

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The Crown had resolved to proceed against the queen by a Bill of Pains and Penalties, the introduction of which was preceded by the appointment of a secret committee, to perform functions somewhat analogous to those of a grand jury in finding bills against accused parties. Mr. Brougham earnestly protested against the appointment of a secret committee, which was opposed by Lords Lansdowne and Holland. The course was explained and defended by the Lord Chancellor, who said that the object of Ministers in proposing a secret committee was to prevent injustice towards the accused; that committee would not be permitted to pronounce a decision; it would merely find, like a grand jury, that matter of accusation did or did not exist; such matter, even if found to have existence, could not be the subject of judicial proceeding, strictly so called. The offence of a queen consort, or a Princess Consort of Wales, committing adultery with a person owing allegiance to the British Crown would be that of a principal in high treason, because by statute it was high treason in him; and as accessories in high treason are principals, she would thus be guilty of high treason as a principal; but as the act of a person owing no allegiance to the British Crown could not be high treason in him, so neither could a princess be guilty of that crime merely by being an accessory to such a person's act. Yet although, for this reason, there could be no judicial proceeding in such a case, there might be a legislative one; and the existence or non-existence of grounds for such legislative proceeding was a matter into which it would be fit that a secret committee should inquire. In no case could injustice be done, because that committee's decision would not be final. There might be differences of opinion about the best mode of proceeding, but, for God's sake, said the Lord Chancellor, let it be understood that they all had the same object in view, and that their difference was only about the best mode of procedure.

Besides those enumerated, "The Four Election Scenes," "The Enraged Musician," "The Distressed Poet," and "England and France"all made familiar to the public by engravingsare amongst his best works. In 1760 occurred the first exhibition of pictures by British artists, the works of Hogarth being an actuating cause. He had presented to the Foundling Hospital, besides his "March to Finchley," his "Marriage la Mode," and his "Moses brought before Pharaoh's Daughter," his most successful picture of that kind; and Hayman and other artists having followed his example, a company of artists conceived the idea that an exhibition of the works of living artists might be made profitable. Hogarth fell readily into the plan, till it was proposed to add to this a royal academy of arts, which he opposed with all his might. He died in 1764, and was buried in the churchyard at Chiswick, where also lies by his side his wife, who survived him twenty-five years.

Meanwhile the Convention determined to proceed to the abolition of the Constitution of '93, and to the establishment of one more accordant[448] with their own tendencies. In 1793 the Revolutionists were as violent against aristocracy as against monarchy, and had allowed only one legislative body. The precipitate acts of the last three years had now persuaded them that at least a second, if not an aristocratic, chamber might be useful, as a balance against legislation under violent impulses. They proposed, then, to have two chambersone called the Council of Five Hundred, composed of that number of members of at least thirty years of age, having exclusively the right of proposing laws, of whom one-third should be renewed every year; the second, called the Council of the Ancients, to consist of two hundred and fifty members, of at least forty years of age, all either widowers or married, having the sanctioning of the law, and also to be annually renewed by one-third. No sooner were these decrees passed than there was a violent outburst of discontent. On April 1st, and again on May 20th, the Parisian mob rose in insurrection, but were completely suppressed. This was the death-blow of the Democratic party. Then came the turn of the Royalists. A meeting took place in the Odon theatre, on the 3rd of October, under protection of some battalions of National Guard. The Duke of Nivernois presided. The Committees of Public Safety and Welfare gave the alarm to the Convention, and the Convention sent a force to disperse the meeting, but it had already dissolved itself. The Sections had committed the mistake of refusing to allow the ultra-Jacobins to vote, and the Convention now embodied and armed one thousand eight hundred of these, ready, in their indignation, to do anything. On the 4th, the Section Lepelletier beat to arms, and the committee held its meeting in the convent of Filles St. Thomas, in the Rue Vivienne. General Menou was summoned from the camp at Sablons, and ordered to disperse the meeting. He proceeded to the convent, found the committee of the Section armed, and, instead of dispersing them, agreed to retire on a promise that they would withdraw of themselves. The Convention immediately arrested Menou as a traitor, and deprived him of his command. They forthwith appointed Barras general of the interior in the place of Menou, and ordered him to clear the streets, and place troops in a position to insure the safety of the Convention. Barras was a general of brigade, but he was not too fond of exposing himself and, fortunately for him and for another, he had his eye on one who would execute the orders of the Convention without shrinking. This was Napoleon Buonaparte. The Convention had about five thousand troops; but the decision of the conflict must depend on the cannon. These were in the camp at Sablons. Buonaparte instantly dispatched Murat to secure them, and received the insurrectionists with such a shower of grape that after a short resistance they were completely defeated. [158]

The next morning, the 6th of December, the retreat commenced; but the soldiers and the inferior officers little dreamed that it was a retreat. They imagined that they were going to fight the Duke of Cumberland, and marched out in high spirits. The morning was foggy, and for some time the delusion was kept up; but when the fog cleared away, and they perceived that they were retracing their former route, their disappointment and rage became excessive. The retreat was rapidly continued through Preston, and on to Lancaster, which they reached on the 13th. On the 18th Oglethorpe and Cumberland, accompanied by a mob of country squires and mounted farmers, attacked Lord George Murray's rear near Penrith; but the countrymen were speedily put to flight by a charge of the Glengarry clan, and Oglethorpe fell back to the main body. They came up again, however, in the evening near the village of Clifton, and Lord George perceived, by the fitful light of the moon, the enemy forming behind the stone walls, and lining every hedge, orchard, and outhouse. Just as the royal troops commenced their charge they were stopped by a cross-fire of the concealed Highlanders, and, whilst affected by this surprise, Lord George cried, "Claymore! claymore!" and rushing down upon them with the Macphersons of Cluny, attacked them sword in hand. Being supported by the Stuarts of Appin, they compelled the English to retreat.