TWO:It was the 10th of November when Mar, aware that Argyll was advancing against him, at length marched out of Perth with all his baggage and provisions for twelve days. On the 12th, when they arrived at Ardoch, Argyll was posted at Dunblane, and he advanced to give them battle. The wild, uneven ground of Sheriffmuir lay between them, and it was on this spot that Argyll on quitting Stirling had hoped to meet them. He therefore drew up his men on this moorland in battle array, and did not wait long for the coming of the Highland army. It was on a Sunday morning, the 13th of November, that the battle of Sheriffmuir was fought. Argyll commanded the right wing of his army, General Whitham the left, and General Wightman the centre. He[31] calculated much on this open ground for the operations of his cavalry. On the other hand, Mar took the right wing of his army, and was thus opposed, not to Argyll, but to Whitham. The Highlanders, though called on to form in a moment, as it were, did so with a rapidity which astonished the enemy. They opened fire on Argyll so instantly and well, that it took the duke's forces by surprise. The left army retired on Stirling pursued by Mar. Argyll was compelled to be on the alert. He observed that Mar had drawn out his forces so as to outflank him; but, casting his eye on a morass on his right, he discovered that the frost had made it passable, and he ordered Major Cathcart to lead a squadron of horse across it, while with the rest of his cavalry he galloped round, and thus attacked the left wing of Mar both in front and flank. The Highlanders, thus taken by surprise, were thrown into confusion, but still fought with their wonted bravery. They were driven, however, by the momentum of the English horse, backwards; and between the spot whence the attack commenced and the river Allan, three miles distant, they rallied ten times, and fairly contested the field. Argyll, however, bore down upon them with all the force of his right wing, offering quarter to all who would surrender, and even parrying blows from his own dragoons which went to exterminate those already wounded. After an obstinate fight of three hours, he drove the Highlanders over the Allan, a great number of them being drowned in it. Mar at this crisis returned to learn the fate of the rest of his army. He found that he had been taking the office of a General of Division instead of that of the Commander-in-Chief, whose duty is to watch the movements of the whole field, and send aid to quarters which are giving way. Like Prince Rupert, in his ardour for victory over his enemies in front of him, he had totally forgotten the centre and left wing, and discovered now that the left wing was totally defeated. He was contented to draw off, and yet boast of victory.But amid the discouragements of monetary legislation, which showed that it would require a determined contest to compel Ministers to retrench, there were symptoms of a spirit of legal and social reform amongst Parliamentary men generally which augured the approach of better times. Mr. Sturges Bourne obtained the passing of his long-advocated Poor Law Bill; but Bills for regulating settlements, and for preventing the misapplication of the poor rates, were thrown out. A Bill was passed to regulate the treatment of children in cotton factories, and to limit the hours of their employment. Mr. Brougham's Act for inquiry into the charitable foundations of England was extended, with the support of Government, so as to apply to educational as well as to all kinds of charities, except such as had special visitors, or were maintained by private subscriptions. Sir James Mackintosh also took up the humane track of labour occupied so nobly by the late Sir Samuel Romilly. On the 2nd of March he moved for the appointment of a select committee to take into consideration the subject of capital punishment as regarded felonies. This was eminently needed, for the penal laws during the reign of George III. were truly Draconian. Notwithstanding a strong opposition by Ministers, the motion was carried, amid much cheering, and on the 6th of July Sir James Mackintosh introduced the report, which[146] was ordered to be printed. Government, as if to wipe out their disgrace in resisting so humane a measure, now proposed an inquiry into the condition of gaols and other places of confinement, and into the best method of employing and reforming delinquents during their imprisonment. Some reforms were made in Scottish law. The old rights of trial by battle, and of appeals of murder, felony, or mayhem, were abolished as rendered unnecessary by the full exercise of the institution of jury, and as belonging only to a barbarous age. The severity of the Scottish law against duels was mitigated, that law pronouncing forfeiture of all movable property, and banishment against all persons sending, or even carrying, a challenge to fight a duel. The principle of that law was sound, but its severity was its own defeat. A more questionable Bill was one carried, after much opposition, called the Foreign Enlistment Bill, which was intended to check the aid of Englishmen in assisting the Spanish South American colonists in throwing off the oppressive government of the mother country. Numbers of Englishmen were engaged on the side of independence, and this Bill was vainly intended to put an end to that generous aid.
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