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James A. Fagin
 School Crime Data 59
State Surveys and Self-Reports 59
Caution: Crime Statistics, Public Safety, and Predicting the Future 60
The Other Side of Crime: Victimology 60
The Demographics of Criminal Victimization 60
Situational Characteristics of Victimization 61
Theoretical Explanations for Victimization 61
Victim-Precipitation Theories 62
Lifestyle Theories of Victimization 62
Differential Association 62
Routine Activities Theory 63
Rational Choice Theory of Victimization 63
The Victims’ Rights Movement 64
Crime Victims’ Rights Act of 2004 66
Civil Remedies for Victims 66
THE CASE: Drug Addiction as a Victimless Crime 68
Summary and Key Concepts 69

CHAPTER 4 Criminal Law: Crimes and the Limits of Law 71

The Rule of Law: We the People 72
The Making of Law 73
Federal Criminal Laws 73
State Criminal Laws 74
Local Criminal Laws 74
The Limitations of Law 75
Elements of a Crime 77
Strict Liability 77
Incomplete Crimes or Inchoate Offenses 78
Criminal Defenses 80
Overview of Defenses 83
Crimes by Law 83
Criminal Law and Social Behavior 85
THE CASE: Cultural Values and LGBT Anti-discrimination Rights 87
Summary and Key Concepts 88

CHAPTER 5 An Overview of Law Enforcement: History, Agencies,

Personnel, and Strategies 91
Development of Policing 92
Contemporary Policing 92
Federal Law Enforcement 93
Federal Jurisdiction and Police Powers 94
Other Federal Law Enforcement Agencies 99
The State Police 99

Contents vii
 Highway Patrol 99
Criminal Investigation 100
County Law Enforcement Agencies 101
Administrative Structure of the Sheriff’s Department 101
The City Police: “The Cops” 102
Jurisdiction of Local Police 103
Roles of Local Law Enforcement 103
Administrative Structure of the Municipal Police 104
Selection of Police Officers and Career Paths 105
Law Enforcement Education Program 105
The Police Academy and In-Service Training 106
Career Paths 107
Unique Aspects of Employment in Law Enforcement 108
Geography and Shift Work 108
Stress and Danger 109
Special Police and Private Protection Services 110
Special Police 110
Private Protection Services 110
Operational Strategies 111
Team Policing 111
Community Policing 112
Conclusion: Beyond History 114
THE CASE: The Next Generation Identification System: Friend or Foe? 115
Summary and Key Concepts 117

CHAPTER 6 Oversight and Professionalism of Law Enforcement 120

Professionalism and Oversight 121
What Is Professionalism? 121
Strategies to Promote Professionalism 122
External Oversight of the Police 124
Rules of Evidence 125
The Exclusionary Rule 125
Fruit of the Poisoned Tree Doctrine 125
Application to State Courts: Mapp v. Ohio 126
Exceptions to the Exclusionary Rule 126
Search and Seizure 127
The Fourth Amendment and the Right to Privacy 127
DNA Searches 128
Search Incident to Lawful Arrest 129
Plain-View Searches 129
Consent to Search 129
Search of Automobiles 130
Search of Persons 131

viii Contents
 Other Exceptions to the Warrant Requirement 131
Public Safety Exceptions 132
The Good Faith Exception 132
Issues of Privacy 133
Arrest 133
Interrogations and Confessions 134
Waiver of Rights 134
Use of Physical Punishment and Pain 134
The Right to an Attorney 134
Delayed Court Appearance 135
Limits on Deception 135
Miranda Rights 135
Right to Remain Silent 136
Police Lineups 136
Juveniles 136
Law Enforcement Misconduct 137
Use of Force 137
Misconduct and Law Enforcement 139
Racial Profiling 139
Entrapment 141
Remedies for Law Enforcement Misconduct 142
Intelligence Gathering 143
Intelligence Gathering and the War on Terrorism 143
Interrogations and the War on Terrorism 143
Conclusion: Good, but Could Be Better 144
THE CASE: The Promise and Challenge of Police Body Cameras 145
Summary and Key Concepts 147

CHAPTER 7 The Court System 150

Foundation and Structure of the Judicial System 151
Dual Court System 152
Civil versus Criminal Law 153
Comparison of Civil and Criminal Courts 153
The Federal Court System 154
Overview of the Federal Court System 155
U.S. Courts of Appeal 157
Organization of the Federal Courts 158
The U.S. Supreme Court 158
Structure and Function of the State Courts 162
Courts of Limited Jurisdiction 162
Courts of General Jurisdiction 163
Appellate Courts 163
Courts of Last Resort 164

Contents ix
 Conclusion—A Framework for the Rule of Law 164
THE CASE: Judicial Independence 165
Summary and Key Concepts 166

CHAPTER 8 Courtroom Participants and the Trial 168

The Adjudication Process 169
Jurisdiction 170
Trials in Courts of Limited Jurisdiction 170
Trials in Courts of General Jurisdiction and Federal District Courts 170
Charges and Proceedings before Trial 171
Determining the Charges: The Police and the Prosecutor 171
Competency to Stand Trial 173
Bail 174
Excessive Bail 175
Denial of Bail 175
Discrimination Against the Poor 175
The Bail Bonds Agent 175
Bond Jumpers and Bounty Hunters 176
Alternatives to Cash Bond 176
Pros and Cons of Bail 177
Plea Bargaining 177
Time and Cost 177
Community Interest 177
Clearing Cases 177
Questionable Confidence in the Case 177
Initiation of Plea Bargaining 178
Sentence Bargaining 178
Effective Counsel in Plea-Bargaining Law 178
The Right to a Speedy Trial 179
The Sixth Amendment Right to a Speedy Trial 179
The Speedy Trial Act of 1974 181
Rules of Evidence 181
Duties and Rights of Participants 182
Power of the Judge 182
Bench Trial 182
Courtroom Security 182
The Defendant 183
Indigent Defendants 183
Jury Service 183
Conclusion: Justice Is the Goal 184
THE CASE: Exclusion of African–Americans from Juries 185
Summary and Key Concepts 187

x Contents
CHAPTER 9 Sentencing 190
Purpose of Criminal Sanctions 191
Sentencing Philosophies 192
Deterrence 192
Incapacitation 194
Retribution 195
Rehabilitation 195
Restorative Justice 195
The Special Case of Offenders with Mental Illness 196
Defining Insanity 196
The Insanity Defense Reform Act of 1984 197
State Courts and the Insanity Plea 197
Public Fear of the Insanity Plea 197
A Fair Sentence 197
Laws 198
Judges 198
Concerns About the Election of State Judges 198
Prosecutors 199
Defense Attorneys 199
Juries 199
Presentence Investigation Report 199
The Offender’s Background and Attitude 200
Sentencing Hearing and Victim Impact Statements 200
Sentencing Models 201
Sentencing Models 201
Determinate versus Indeterminate Sentencing 201
Mandatory Sentencing and Habitual Offender Laws 201
Sentencing Guidelines 203
Presumptive Sentencing 203
Truth in Sentencing 204
Sentencing and the Death Penalty 205
The Death Penalty and Abolitionists 205
The Death Penalty and Civil Rights 207
Challenges to the Death Penalty 207
Reconsideration of the Death Penalty 208
Conclusion: The Debate Continues 213
THE CASE: Lenient Sentence for Campus Rape? 214
Summary and Key Concepts 215

CHAPTER 10 Jails and Prisons 218

Development of American Jails and Prisons 219
Early Jail Conditions 219

Contents xi
 Reform at Last: The Walnut Street Jail 220
Bigger Is Better: Eastern State Penitentiary 220
The Auburn System 221
Southern Penal Systems 222
The Contemporary Correctional System 223
Highest Incarceration Rate in the World 223
Nonviolent Offenders 224
Causes of High Incarceration Rates 224
The Rising Cost of Incarceration 224
Jails 226
Short-Term Facilities 226
Municipal Jails 229
State Prisons 229
Prisoner Classification 230
Special Prison Populations 232
Mental Stability 232
Institutional Racism and Incarceration 234
Federal Prisons 235
The Federal Bureau of Prisons (BOP) 235
Federal Correctional Facilities 236
Privatization 238
Cost-Reduction Benefits 238
Criticisms of Privatization 238
Detriments to the Surrounding Community 239
State Liability 239
Escaped Prisoners 239
Prison Life 239
Sexual Violence in Prisons 239
Prison Gangs 240
Physical Health in Prisons 241
Mental Health in Prisons 243
Prison Violence 245
Conclusion: Prison—The Human Cage 245
THE CASE: Rikers Island: Culture of Abuse 246
Summary and Key Concepts 248

CHAPTER 11 Probation and Parole 251

States Turn to Diversion, Probation, and Parole 252
Diversion and Probation 253
Parole 253
Probation 255
Probation Services 256
Decision to Grant Probation 256

xii Contents
 Pros and Cons of Probation 257
Decision to Revoke Probation and Due Process Rights 258
Parole 259
Parole d’Honneur 259
The Mark System 259
The Irish System 259
Pros and Cons of Parole 259
States That Have Abolished Discretionary Release 260
State and Federal Parole Boards 263
The Parole Hearing 264
Conditions of Parole 266
Revocation of Parole 266
Supervision of Probation and Parole 267
Social Work and Rehabilitation Skills 267
Measures of Success 268
Conclusion: You Can Lead a Horse to Water, But . . . 269
THE CASE: Too Dangerous to Release? 270
Summary and Key Concepts 272

CHAPTER 12 Corrections in the Community 274

Early Release and Financial Crisis 275
Why Intermediate Sentences? 276
Huge Expense and Number of Prisoners 276
Record Numbers of Released Prisoners 277
Incarceration Fails to Prepare Offenders for Reentry 277
Concern for Community Safety 279
Intermediate Sanctions and Community Corrections 279
Intensive Probation Supervision (IPS) 280
Split Sentencing and Shock Probation 281
Shock Incarceration: Boot Camps 282
Home Confinement and Electronic Monitoring 283
Reentry Programs: Preparing Offenders to Take Responsibility 285
Faith-Based Programs 285
Work Release 285
Education Release 287
Halfway Houses 287
Day Reporting Centers 288
Reentry Programs for Drug Offenders 289
Adult Drug Courts 289
Tribal Drug Courts 290
TASC and RSAT 291
Conclusion: Try, Try Again 291
THE CASE: College Education for Offenders 293
Summary and Key Concepts 295

Contents xiii
 CHAPTER 13 The Juvenile Justice System 297
A Changing View of Young Offenders 298
Development of the Juvenile Justice System 299
Before There Was a Juvenile Justice System 299
Foundations of the Juvenile Justice System 300
The Jurisdiction of the Juvenile Justice System 302
Classification of Juvenile Offenders 302
Due Process for Juveniles 303
Kent v. United States—Waiver Hearing Rights 303
In re Gault—Due Process Rights 303
In re Winship—Burden of Proof 304
McKeiver v. Pennsylvania—Right to Jury Trial 304
Breed v. Jones—Double Jeopardy 305
Schall v. Martin—The Right to Bail 305
The Juvenile Court 305
Separation of Juveniles and Adults 305
Community-Based Facilities 306
Treatment of Minority Juveniles 306
Judicial Waiver: Abandoning the Great Experiment 306
Mens Rea and Youthful Violent Offenders 306
Adjudication for the Juvenile Offender 309
Classification of Processing 309
Intake 309
Deciding between Juvenile and Adult Jurisdiction 310
The Juvenile Intake Officer: Gatekeeper and Counselor 311
Formal Processing 312
Adjudication 312
Detention and Probation (Aftercare) 313
Juvenile Death Penalty 314
The Juvenile as Offender 316
Sociological Explanations 316
OJJDP’s Study Group on Very Young Offenders 317
Youth Gangs 319
Juvenile Substance Abuse 321
Schools and Juvenile Violence 322
Strategies for Safe Schools 322
Responding to Violence on School Property 323
Firearms and School Shootings 323
Reducing Bullying 324
Police Presence on School Campuses 325
Some School Safety Programs Create New Problems 326
The Juvenile as Victim 328

xiv Contents
Conclusion: Innocence Lost? 328
THE CASE: Native American Juvenile Detention Facilities 330
Summary and Key Concepts 332

CHAPTER 14 Homeland Security 335

Terrorism, Homeland Security, and the Criminal Justice System 336
What Is Terrorism? 336
Terrorism and the Criminal Justice System 337
Terrorist Tactics 337
Domestic and International Terrorism 338
September 11, 2001: The Tipping Point 340
Capacity of State and Local Criminal Justice Systems Questioned 341
The New Federalism for Counterterrorism 341
Department of Homeland Security: Building a Better Defense 341
Multiple Agency Coordination 344
United States Government Interagency Domestic Terrorism Concept of
Operations Plan 344
First Responders 344
Intelligence and Homeland Security 346
Historic Separation of FBI and CIA 346
Post–September 11, 2001, Intelligence Reforms 346
Joint Local–Federal Counterterrorism Task Forces 347
Informal Intelligence Networks 347
Fusion Centers 347
Local Law Enforcement Intelligence Units 347
Expanding Federal Law Enforcement Powers to Fight Terrorism 348
Enemy Combatant Executive Order 348
The USA PATRIOT Act 350
Fortress Urbanism: Terror-Focused Policing 352
Homeland Defense: Straining Police Resources 352
Terrorist Threat Advisories 353
Border Security and Immigration 353
Sealing the Borders 353
Immigration Control and Enforcement 354
State and Local Actions to Curtail Illegal Immigration 356
National Identification Card 357
Securing U.S. Cyberborders 358
Civil Rights and Homeland Security 359
Fewer Liberties, Greater Security? 359
Free Speech and Protest versus Terrorism 360
Denial of Due Process 360
Killing U.S. Citizens 362

Contents xv
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 Conclusion: Turning the Criminal Justice System Upside Down 362
THE CASE: The Rise of the International Lone Wolf Terrorist 364
Summary and Key Concepts 365

Reference 367
Glossary 391
Name Index 406
Subject Index 408

xvi Contents
Preface
Introducing the Justice Series • There have been significant changes in the field of criminal
justice in 2015 and 2016. And, as a result, it was necessary
and instructional designers come together
When to make over 500 changes and updates in CJ2017. These
focused on one goal—to improve student
changes have included such things as new U.S. Supreme
best-selling performance across the CJ curriculum—
Court cases, new debate about the police and its relation-
authors they come away with a groundbreaking new
ship with the minority community and new developments
series of print and digital content: the Justice
in homeland security.
Series.
Several years ago, we embarked on a journey to create • While CJ2017 has been extensively updated, it has
affordable texts that engage students without sacrificing aca- retained the same core of instructional material for each
demic rigor. We tested this new format with Fagin’s CJ2010 chapter. Thus, instructors will find that they can continue
and Schmalleger’s Criminology and received overwhelming to use instructor-produced PowerPoint slides, lecture
support from students and instructors. ­outlines, and other instructional lecture material from
The Justice Series expands this format and philosophy to ­previous editions with CJ2017. However, it may be
more core CJ and criminology courses, providing affordable, ­necessary to update certain data and graphs to reflect the
engaging instructor and student resources across the curricu- most current data.
lum. As you flip through the pages, you’ll notice that this book • CJ2017 is designed to provide an overview of the American
doesn’t rely on distracting, overly used photos to add visual criminal justice system for the undergraduate student.
appeal. Every piece of art serves a purpose—to help students
learn. Our authors and instructional designers worked tire- • CJ2017 is designed to facilitate different methods of learn-
lessly to build engaging infographics, flowcharts, and other ing by use of visual graphics and chapter features to help
visuals that flow with the body of the text, provide context and students comprehend the material.
engagement, and promote recall and understanding. • Each chapter is carefully crafted so that the topics covered
We organized our content around key learning objectives for can be customized by the instructor. This concept is
each chapter, and tied everything together in a new objective- extended with various e-book options that allow the
driven end-of-chapter layout. The content not only is engaging instructor to customize the text.
to students but also is easy to follow and focuses students on the
key learning objectives.
• CJ2017 includes coverage of current issues that have been
incorporated by use of the Chapter Introductions, Think
Although brief, affordable, and visually engaging, the Jus- About It boxes, and case studies.
tice Series is no quick, cheap way to appeal to the lowest com-
mon denominator. It’s a series of texts and support tools that are • The Think About It boxes and case studies, drawn from the
instructionally sound and student-approved. most current media news, encourage students to go beyond
memorization to explore applications, conflicts, and ethical
issues. These features can be used for online discussion board
Additional Highlights to the topics or in-class discussions or short critical thinking paper
Author’s Approach assignments.
Each instructor has his or her own teaching style and objectives and
introductory classes are offered in different formats, including ac-
• Graphs, tables, and data have been updated to reflect the
most current data available. In some cases, new graphics
celerated terms, hybrid and online classes. CJ 2017 is designed to and figures reflecting more current concerns have been
be flexible in order to be able to meet the needs of each of these for- added.
mats. Also, chapters in CJ2017 can be omitted without disrupting
the comprehensive nature and unity of the text. Thus, instructors • Learning outcomes are clearly identified for each chapter.
may choose to omit certain topics to meet their learning objectives This feature allows instructors to link the course learning
and still retain a smooth transaction from chapter to chapter. outcomes to department and university learning outcomes.
It also helps students retain the major ideas of the chapter.
New to CJ2017 Learning outcomes, glossary terms, and chapter summaries
are integrated to help students comprehend the important
CJ2017 retains the outstanding format and supplemental ma- points of the chapter.
terials associated with the Justice Series. However, there are
some exciting changes in CJ2017. Among these changes are • The timeline has been updated to include current events
the following: that have impacted the criminal justice system. This
­timeline helps students understand the historical
• The supplemental materials associated with the Justice ­development of the criminal justice system and place
Series have been enhanced, especially the alignment of events in chronological order.
learning outcomes with text material and supplements.

xvii
 Instructor Supplements
Instructor’s Manual with Test Bank Includes content outlines Within 48 hours after registering, you will receive a confirming
for classroom discussion, teaching suggestions, and answers to email, including an instructor access code. Once you have
selected end-of-chapter questions from the text. This also con- received your code, go to the site and log on for full instructions
tains a Word document version of the test bank. on downloading the materials you wish to use.
TestGen Alternate Versions
This computerized test generation system gives you maximum
eBooks This text is also available in multiple eBook formats.
flexibility in creating and administering tests on paper, electroni-
These are an exciting new choice for students looking to save
cally, or online. It provides state-of-the-art features for viewing
money. As an alternative to purchasing the printed textbook,
and editing test bank questions, dragging a selected question into a
students can purchase an electronic version of the same con-
test you are creating, and printing sleek, formatted tests in a variety
tent. With an eTextbook, students can search the text, make
of layouts. Select test items from test banks included with TestGen
notes online, print out reading assignments that incorporate lec-
for quick test creation, or write your own questions from scratch.
ture notes, and bookmark important passages for later review.
TestGen’s random generator provides the option to display differ-
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PowerPoint Presentations
REVEL™ is Pearson’s newest way of delivering our respected
Our presentations offer clear, straightforward. Photos, illustra-
content. Fully digital and highly engaging, REVEL replaces the
tions, charts, and tables from the book are included in the
textbook and gives students everything they need for the course.
­presentations when applicable.
Seamlessly blending text narrative, media, and assessment,
To access supplementary materials online, instructors need to REVEL enables students to read, practice, and study in one
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think, and learn in shared writing (discussion board) assignments.
REVEL offers an immersive learning experience that engages stu-
dents deeply, while giving them the flexibility to learn their way. Track time-on-task throughout the course
Media interactives and assessments integrated directly within the The Performance Dashboard allows you to see how much time
narrative enable students to delve into key concepts and reflect on the class or individual students have spent reading a section or
their learning without breaking stride. d­oing an assignment, as well as points earned per assignment.
REVEL seamlessly combines the full content of Pearson’s These data help correlate study time with performance and pro-
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their understanding
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xviii Preface
 Acknowledgments
The production of a major textbook provided visual illustrations of concepts. I am impressed by the
To be seen requires the talents of dozens of persons. work of Melissa Welch at Studio Montage in the high-quality
above the This is especially true of CJ2017 as it artwork and cover design for CJ2017. I am grateful for the tal-
crowd, stand is included in Pearson’s CJ Series and ents of Ratheesh P and Unnikrishnan Nair at ­iEnergizer Aptara®,
includes numerous additional instruc- Ltd. for doing a great job of getting the text ready for publica-
upon the tional resources. As author I have pro- tion. Of course, publishing a text is only the beginning of getting
shoulders of vided the fundamental input in the form the text to professors and students. I am especially appreciative
others. of text for CJ2017, but it took a team of of the efforts of the marketing team including Jesika Bethea,
highly creative and talented persons to Product Marketing Assistant. While not with the project for its
turn that text into a highly sophisticated entire length, I would like to thank Mayda Bosco, Tara H ­ orton,
textbook. The production of a high-quality text with many sup- and Susan Hannahs for their work in getting CJ2017 ready
plements requires a sizable team of talented professionals, some for launch. The text was greatly improved by the input of many
of whom I have never met face-to-face but whose contributions other dedicated publishing professionals at Pearson and the
are essential to the final product. I regret that I cannot thank every critical reviews supplied by Aaron Carver, University of Mount
person who contributed to the successful production of this text Olive; Tyler Gayan, Georgia Northwestern Technical College;
by name. The list would be way too extensive. I do extend my James Grubisic, Richard J. Daley College; Gina Robertiello,
appreciation to everyone involved in this project. There are some Felician College; Tim Robicheaux, The ­ Pennsylvania State
whom I would like to single out and mention by name because University; Diane Sjuts, Metropolitan Community College;
of their continuous input and assistance. I am especially appre- Jacqueline Smith, Kennesaw State University; Ted Wallman,
ciative of the assistance of Gary Bauer. Gary provided personal University of Northern Florida; and Cassie Walls, Greenville
support and encouragement that made CJ2017 possible. I can- Technical ­College. Finally, I would like to acknowledge the
not express enough appreciation for the tremendous job done contributions of Dr. Charles Brawner to CJ2017. Dr. Brawner
by the production team. They took my words and added graph- has provided valuable assistance to me in numerous previous
ics and a professional layout that is first-rate. Alexis Ferraro texts ranging from critical review to development. In CJ2017,
and Patrick Walsh were instrumental in developing the quality Dr. Brawner assumed a greater role as he developed all of the
and visual impact of CJ2017. Also, I appreciate the talents of end-of-chapter material and was the primary person responsible
Project ­Manager Joy Raj Deori, and Carter Smith for his efforts for developing the glossary terms and learning o­ utcomes for
matching video scripts to CJ 2017. ­Akilandeswari Arumugam the text. In this role, he provided critical development assistance
and Sohail Akhter did a magnificent job of image research and in matching text with learning outcomes and developing peda-
matching images to the text. Eby Sebastian did wonders in trans- gogical material to help reinforce learning o­ utcomes. His work
lating my descriptions into effective art work and graphics that in this area is greatly appreciated.

Preface xix
 About the Author
Dr. James A. Fagin has taught in the criminal justice field since a­ dministration, and planning to promote quality nationwide
1973. He has taught undergraduate and graduate classes and has education in criminal justice. Under the oversight of LEAA,
taught criminal justice classes for military officers at Command these model curriculums were developed by an elite team of
and General Staff College. Dr. Fagin has authored over a dozen practitioners and educators and were field-tested throughout the
criminal justice texts. One of the things that has helped United States. Dr. Fagin wrote some of the classical literature
Dr. Fagin in producing an introductory textbook is the fact that on computer crime, police bargaining and unions, presidential
he has had the opportunity to be associated with the entire spec- candidate security, domestic disturbance resolution, and hos-
trum of the criminal justice system during his career. In addition tage negotiations. His articles on international terrorism have
to his academic career, Dr. Fagin has been a professional been translated and published in major criminal justice journals
­consultant to local and federal law enforcement agencies, the in Japan. He received the American Society of Criminal Justice
state courts, and local, state, and federal correctional facilities. Hawai’i chapter’s award for outstanding contributions to Public
In additional to teaching university classes, Dr. Fagin has taught Administration for his achievement in establishing a master’s
at police and correctional academies. During his career, he has degree in public administration at Chaminade University of
been a professor of criminal justice studies and Program Honolulu. He has received numerous other awards for contribu-
Director at Lincoln College–Normal (LCN), located in Normal, tions to hotel security, forensic investigations, and excellence in
Illinois; professor and Chair of the Criminal Justice Department teaching. These works emerged from active involvement with
at Chaminade University of Honolulu, the oldest and largest federal, state, and local criminal justice agencies. Jim was a
criminal justice program in Hawaii; and assistant professor and commissioned deputy sheriff training officer and polygraph
Director of Outreach Programs at Wichita State University. In examiner for the Wyandotte County (Kansas) Sheriff’s
addition to his ­experience in criminal justice, Jim served as Department and a Commissioned Reserve Police Officer in the
Graduate School Dean at East Stroudsburg University and was Kansas City (Kansas) Police Department. He served on
Acting President of Kima International Theological College, a the Kansas Victims’ Rights Commission to help establish the
three-year ­college in Kenya, East Africa. Dr. James Fagin is a ­charter victims’ rights legislation for the state. He assisted in
pioneer in criminal justice education and has been involved in implementing the first domestic disturbance response policy for
innovative criminal justice education programs for over four the Wichita, Kansas Police Department. He received his
decades. He developed one of the early models of statewide B.A. degree from the University of Nevada, Las Vegas, and his
delivery of criminal justice undergraduate and graduate degrees M.S. and Ph.D. from Southern Illinois University–Carbondale,
for Kansas. During the developing years of criminal justice Illinois. Textbooks such as this are an ongoing work in progress,
education, Jim worked as a consultant and instructor for the and the author welcomes communication and correspondence
Law Enforcement Assistance Administration (LEAA) to about his work. Dr. Fagin can be contacted at jamesfagin@
develop model criminal justice curriculum in research, gmail.com.

xx Preface
 Introduction to
1
Criminal Justice

1 Understand the concepts of limited government powers

and checks and balances.

2 Explain the difference between the crime control model

and the due process model.

3 Describe the five stages of the criminal justice system.

4
Describe the five meta-influences upon the criminal
justice system and their influence upon the criminal
justice system.

5
Explain how the academic field of criminal justice
developed and how it differs from closely related fields
such as sociology and law.
Findlay/Alamy Stock Photo
 INTRO First Amendment Rights Versus Institutional Inequity
During the “Amherst Uprising” in the fall of 2015, hun- beliefs and have demanded limits on free speech and
dreds of students protested racial injustice and victim- intellectual dissent.
ization claiming Amherst was an institutional legacy of Critics of this protest movement argue that these stu-
white supremacy. Student protestors issued a list of dents are trying to stifle exercise of First Amendment
demands that among other things called for students freedoms and using the language of victimization inap-
who had posted “Free Speech” and “All Lives Matter” propriately. Everett Piper, President of Oklahoma Wes-
posters to undergo racial and cultural counseling and leyan University, is harsher in his criticism saying, “Our
possibly discipline.1 Protests against racism and injus- culture has actually taught our kids to be this self-
tice are widespread across American colleges. For absorbed and narcissistic. Any time their feelings are
example, in 2015, student protestors at the University hurt, they are the victims.” In response to Yale’s policies
of Missouri succeeded in ousting the school’s presi- regarding the feelings of marginalized and minority stu-
dent and at Claremont McKenna College (CA) the dean dents, critics have protested that Yale’s policies
of students resigned when she became the target of “threaten to undermine or destroy universities as a place
protesters. Student demands at Yale resulted in poli- of learning.”3 Other critics ask, “Is Yale letting in 8-year-
cies regulating the choice of Halloween costumes. At olds?” Wesleyan President Dr. Piper’s response to stu-
other colleges, play productions have been cancelled, dents claiming they “feel bad” or are “victimized” was
student newspaper defunded, and prominent com- more direct: “This is not a day care. This is a university.”
mencement speakers have been disinvited based on
the allegation that students would feel “aggrieved” or What is the balance between First
Discuss
“wounded.”2 Claiming to promote a “safe and nurtur-
ing environment,” some colleges have instituted poli-
Amendment freedoms and
cies regarding “trigger words” requiring professors to intellectual diversity and policies to
issue warning or avoid discussion of issues that may promote a safe environment for
cause students to feel marginalized or victimized. At
other colleges, students have claimed to feel victim- marginalized students and eradicate
ized when presented with opinions contrary to their institutional inequity?

▶▶Government by the People

LEARNING Most people do not need laws
Understand the con- related to the alleged offense. Finally, most people have a sense
OUTCOMES or a criminal justice system to
cepts of limited gov- of what individual freedoms and rights they believe the govern-
1 ernment powers andknow that certain actions are ment should not infringe upon.
checks and balances.
wrong. Most people recog- Philosophers and politicians have long discussed the con-
nize that murder, sexual cepts of right and wrong and the role of the government. In
assault, robbery, theft, and violence against others are wrong. Two Treaties of Government (1690), philosopher John Locke
Also, most people have a sense of what is fair and just. They argued that all human beings are endowed with what he called
know that the law should not treat people differently because of “natural rights.” These rights are given by a power higher than
their socioeconomic status, race, religion, or other factors not government and he argued people cannot be deprived of them.

TIMELINE
Timeline of Key Events
1788 1789 1791 1865 1868 1870
The Constitution Judiciary Act The first ten amendments, The The Fourteenth The Fifteenth
of the newly formed of 1789 known as the Bill of Rights, Thirteenth Amendment Amendment prohibits
U.S. government is establishes are added to the Amendment guarantees U.S. the denial of voting rights
ratified by the the U.S. U.S. Constitution. These abolishes citizenship and is the based on race, color, or
States. federal amendments are the slavery. basis for the due previous state of servitude.
judiciary. foundation of the civil process clause of civil The Fifteenth Amendment
rights and due process rights. does not extend voting
rights of citizens. rights to women, only
to men.

2 Chapter 1 Introduction to Criminal Justice

Governments exist, according to Locke, to serve individuals. or “victims” may find hurtful or offensive—especially if the
People surrender certain rights with the understanding that they discussion puts forth opinions or facts contrary to beliefs held
will receive as much, or more, in other benefits, such as safety, by the students.
order, and preservation of property rights. Locke conceded that Those opposed to the movement and the demands of the
the government must have the power of physical force to pro- students argue that these demands seek to abridge First Amend-
tect people and their property. However, this power was to be ment rights of free speech and expression of ideas. For the
balanced against the need to preserve individual liberty. most part, the requests of students seeking these changes are
When these concepts of justice and fairness are perceived denied by college administrators. At times, even alumni express
to be violated, protests and even violence can result. For exam- strong opinions against the changes and threaten to withhold
ple, in the late eighteenth century the American colonists donations if the college consents to the changes. As a result,
claimed that the British government exceeded its legitimate students hold protests and demonstrations.
powers in its governing of the colonies and in 1776 declared At the beginning of this chapter, it was said that most peo-
their independence from the British government resulting in ple have a sense of right and wrong—fair and just. What hap-
the American Revolutionary War. After successfully over- pens when there is a clash of opinions? What happens when the
throwing the British government, the former colonists estab- concern is not so clearly right or wrong such as murder or vio-
lished a new government. The founding fathers declared that lent crime? What happens when students hold an opinion in
their purpose was to establish a “more perfect union.” The prin- good faith that is opposed and denied by those in power?
ciples of this “more perfect union” were incorporated into the Society uses several means to balance conflicting rights
Declaration of Independence and the U.S. Constitution. and social values. In general, these means can be divided into
Thomas Jefferson authored the Declaration of Independence informal and formal sanctions. Informal sanctions include
and he was influenced by John Locke’s philosophy of “natural social norms that are enforced through the social forces of the
rights.” Thus, the Declaration of Independence set limits on family, school, government, and religion. These social institu-
government’s role and power. tions teach people what is expected for normative behavior. In
addition to teaching normative behavior, these primary social
institutions also provide punishment when people violate social
▶ Order Maintenance versus norms, that is to say the unwritten rules of society. In the infor-
mal system, parents punish children for disobedience, bosses
Individual Liberties reprimand employees, teachers discipline students, and reli-
In the opening discussion of the “Amherst Uprising,” students gious authorities call for offenders to repent of their sins.
protested what they called institutional racism. These protests The balancing of rights and public safety can also be
are part of a larger movement across colleges and universities achieved through use of formal sanctions (such as laws) found
nationwide. Some demands of the students include changing within the criminal justice system. Frequently, the norms and
the name of athletic teams that students allege reflect racism, values embedded in informal systems are reflected in the for-
changing terminology used on campus, sanctions for academic mal system of order maintenance. The more homogeneous and
discussion and opinions that are deemed racist, offensive, or stable the people and their belief systems, the fewer the viola-
hurtful, and warnings or prohibitions regarding “trigger tions of social norms. In a homogeneous, stable society with a
words,” especially by professors during lectures. Examples of common belief system, there is less need for reliance on a for-
demands include the call for sanctions and cultural training for mal system of social control to maintain order and regulate
persons expressing opposition to the Black Lives Matter move- interactions. Social control systems operate most effectively
ment, the dropping of the name “house master,” and require- and efficiently where there is constant and unified, overt and
ments that professors advise students in advance if his or her covert, and cultural and social support from all control agen-
lecture will include discussion of subject matter that minorities cies. However, contemporary U.S. society is not characterized

1896 1920 1941 1954 1955

The U.S. Supreme Court The Broadcast Brown v. Board of Education Rosa Parks is arrested and
case of Plessy v. Nineteenth television declares state laws establishing convicted for refusing to give up
Ferguson establishes the Amendment begins in the separate public schools for black her seat to a white passenger on a
“separate but equal” extends voting United States. and white students unconstitu- bus. Her arrest initiates the
doctrine of racial discrimi- rights to women. tional. The decision overturned the 381-day Montgomery bus boycott
nation that permitted the Plessy v. Ferguson decision of and many acts of civil
legal separation of whites 1896 that established the doctrine disobedience.
and blacks. of “separate but equal” racial
segregation.

Order Maintenance versus Individual Liberties 3

 TIMELINE
Timeline of Key Events
1961 1963 1964 1964
Civil rights workers attempt to Martin Luther The Civil Rights Act of 1964 bans discrimination on Martin Luther King, Jr.
desegregate bus stations and King, Jr. (1929–1968) the bases of race by facilities that are open to the public, is the youngest person to
waiting rooms in the South. A delivers his “I Have a such as hotels, restaurants, theaters, retail stores, and receive the Nobel Peace
bus in which they are Dream” speech in the similar establishments. Also, it extends greater protection Prize for his work to end
traveling is fire-bombed, and March on Washington. for the right to vote. The Civil Rights Act of 1964 does not racial segregation and racial
the demonstrators are extend the ban on racial discrimination to state and local discrimination through civil
beaten. NAACP leader governments. Thus, state and local law enforcement disobedience and other
Medgar Evers is murdered. agencies and correctional agencies are not prohibited nonviolent means.
from racial discrimination.

by a homogeneous and stable group of people with a common individual rights will be upheld in law. Furthermore, the courts
belief system. Rather, the United States is characterized by play a central role. One of the important roles of the courts is
great diversity in race, religion, ethnicity, and values. crafting the balance between government power and individual
When there is conflict, especially if the conflict threatens rights and freedoms. This balance, which is normally a restric-
or involves violence, usually the conflict is handled by the tion of government power, is frequently referred to as due
criminal justice system. Thus, students protesting racism at ­process rights.
colleges and universities can attempt to have their demands This chapter will provide an overview of due process
met by negotiations. However, if negotiations fail and the stu- rights, discuss the organizational structure of the criminal jus-
dents engage in protests, especially protests that may threaten tice system, discuss changes that have impacted the criminal
violence, the conflict will be resolved through the criminal jus- justice system, and will close with a brief discussion of the
tice system. academic discipline known as criminal justice. The following
The criminal justice system is a complex and extensive chapters will discuss the various agencies and processes of the
network of agencies, processes, and personnel. It is so com- criminal justice system in greater detail. A timeline of land-
plex that few laypersons understand all of the workings and mark events is provided to help readers relate to various events
interactions of the criminal justice system. Furthermore, the that have impacted the criminal justice system. Throughout the
criminal justice system can be contradictory, f lawed, and text in each chapter, the reader will find feature boxes labeled
biased. Finally, the criminal justice system is constantly chang- “Think About It.” These boxes address contemporary events
ing. The criminal justice system of the twenty-first century is and controversies that may have a significant influence on the
not the criminal justice system of twentieth or mid-twentieth criminal justice system in the future. The reader is invited to
century. While many people identify law enforcement—the consider how these events may impact the criminal justice sys-
police—as the center of the criminal justice system, in reality tem. Finally, at the end of each chapter is a case study that
the courts are the center of the criminal justice system. The explores an issue raised in the chapter in greater depth and the
courts have the authority to decide what the law means, which reader is invited to answer questions regarding the issues raised
laws are unconstitutional, and which social values and in the case study.

TIMELINE
Timeline of Key Events
1968 1968 1968–1982 1970
Martin Luther King, Jr. The Omnibus Crime Control and Safe Streets The Law Enforcement On the Kent State
is assassinated. Act is passed. The act establishes the Law Enforcement Education Program (LEEP), University (Ohio)
Administration Assistance (LEAA), which provides funding, under the Law Enforcement campus, National
training, and professionalization of the criminal justice Administration Assistance, Guard troops open
system. LEAA implements many of its standards through undertakes the mission of fire on unarmed
the power of the “purse strings.” Agencies lose LEAA raising the educational level of students protesting
funding if they do not adopt the standards advocated by criminal justice personnel by U.S. involvement in
LEAA. LEAA is abolished in 1982. funding grants and loans to the Vietnam War. Four
those seeking college degrees. students are killed.

4 Chapter 1 Introduction to Criminal Justice

Other documents randomly have
different content
 FOOTNOTES:
[1] Sir George Lyttelton (1709–1773), created Baron Lyttelton
in 1756. He married, first, in 1742, Lucy, daughter of Hugh
Fortescue, Esq., of Filleigh, co. Devon; and secondly, in 1749,
Elizabeth, daughter of Sir Robert Rich, Bart. His son, Thomas,
born in 1744, succeeded his father, but died without issue in
1779, when the peerage expired. It was, however, re-created in
1794 in favour of a cousin, from whom the present owner of
Hagley, Viscount Cobham, is directly descended.
[2] These trees were sent as a present to Queen Mary by a
Dutch merchant. The vessel in which they were placed was
wrecked, and its contents were claimed by the Lord of the Manor,
the owner of Margam. He afterwards offered to restore them, but
was given them as a present by the King.
[3] Thomas Mansel Talbot married, in 1794, Lady Mary Lucy
Fox-Strangways, second daughter of Henry Thomas, second Earl
of Ilchester, and his first wife Mary Theresa, daughter of Standish
O’Grady, Esq. After Mr. Talbot’s death Lady Mary married, in 1815,
Sir Christopher Cole. She died in 1855. Margam belonged
originally to the Mansel family, and came to the Talbots by
marriage. The female line of the Mansels became extinct in 1750.
[4] Lord Plymouth died the preceding June, and their son,
Other Archer, who succeeded as sixth Earl, was at this time a boy
of ten.
[5] Edward, fifth Earl of Oxford of that creation (1773–1848),
who succeeded his cousin in 1790. He married, in 1794, Jane
Elizabeth, daughter of Rev. James Scott, rector of Itchen, Hants.
She died in 1824, at the age of fifty-one. Their eldest son, born in
1800, was drowned in a shipwreck off Jersey in 1828, and the
peerage became extinct after their second son’s death. He
succeeded his father in 1848.
[6] Richard Payne Knight (1750–1824), son of Rev. Thomas
Knight, Rector of Bewdley, Worcestershire. He inherited Downton
Castle from his grandfather, Richard Knight, about 1764, but
spent many years in Italy, where he laid the foundations of his
collection of coins, bronzes, and marbles. These he left at his
death to the British Museum. He sat in the House of Commons
from 1780 until 1806, and was looked upon as a recognised
authority on the customs and arts of ancient times.
[7] Charles, eleventh Duke of Norfolk (1746–1815), who
succeeded his father in 1786. He married, first, in 1767, Marian,
daughter of John Coppinger, Esq. She died the following year,
and, in 1771, he married Frances, only child of Charles Fitzroy
Scudamore, of Holme Lacy, co. Hereford. On the Duke’s death in
1815 he was succeeded by his cousin. When the Duchess died in
1820, her property devolved on the heirs-at-law of her
grandfather, the descendants of his sister Mary, wife of Sir Giles
Brydges. The Duke was a firm supporter of the Whigs, and was
dismissed by George III. from the Lord-Lieutenancy of Sussex in
1798, for an injudicious speech. See ante, i. 177.
[8] Edward Bolton Clive, a connection of Lord Clive, and
sometime M.P. for Hereford. He was eldest son of George Clive
and Sydney, daughter of Thomas Bolton, Esq. He married, in
1790, Harriet, daughter of Andrew, second Lord Archer.
[9] Captain Charles Morris was born in 1745. He entered the
cavalry and exchanged into the Life Guards. He was an intimate
associate of the Whigs, and many of his songs were directed
against their political opponents. A constant guest at Carlton
House, he was subsequently given a pension by the Prince of
Wales, and lived for many years near Dorking previous to his
death in 1838, in his ninety-third year.
[10] After the departure of Macdonald and the French from
Naples, the town was seized by the Royalist bands and only two
or three isolated fortresses garrisoned by Frenchmen and
Neapolitan rebels held out. The sequence of subsequent affairs is
most complicated. It appears a capitulation under terms was
arranged, but was disallowed by Nelson until the sanction was
obtained of the King, who was expected in the course of a few
days. The result was to hand over to the popular fury many of
those who had surrendered on the understanding that their lives
were safe.
[11] A landing was effected near the Helder on August 27, and
three days later the Dutch fleet, consisting of twelve ships of the
line, obeyed Admiral Michell’s summons to surrender. The seamen
were inclined to the Royal cause and forced their officers to take
this course. Until the arrival of the Russians a fortnight later the
English remained on the defensive, then an advance was
commenced which proved unsuccessful. Various small
engagements took place with varied result, but by the middle of
October it was found impossible for the allies to win their way
from the islands on which they were encamped. Retreat was
therefore necessary, and a capitulation was arranged.
[12] Sherborne was granted in 1616 to Sir John Digby, first
Earl of Bristol, his father. It now belongs to Mr. Frederick
Wingfield Digby.
[13] Sir Richard Colt Hoare, second Baronet (1758–1838), only
son of Sir Richard Hoare, of Barn Elms, by his first wife, Anne,
daughter of Henry Hoare, Esq., of Stourhead. The first Baronet
had also a large family by his second wife, Frances Ann, daughter
of Richard Acland, Esq.
[14] John, eleventh Earl of Westmorland (1759–1841). He
succeeded his father in 1774, and married, against the wishes of
her family, in 1782, Sarah Ann, only daughter of Robert Child,
Esq., of Osterley Park. Her death took place in 1793, and Lord
Westmorland married, in 1800, Jane, daughter of R. H. Saunders,
Esq., M.D. He was Lord-Lieutenant of Ireland from 1790 to 1795,
and Lord Privy Seal from 1798 until 1827, with a short interval in
1806–7.
[15] William Wingfield Baker, son of George Wingfield, of
Cotham, co. Durham, and Mary, niece of George Sparrow, Esq.
He married Charlotte Marie, daughter and sole heiress of Henry,
first Earl Digby, in 1796. She died in 1807, and Mr. Wingfield
married, in 1813, Elizabeth, daughter of William Miles, Esq., of
Bisterne, Hants. He assumed the name of Baker by royal licence
in 1849, and died in 1858.
[16] Lord Archibald’s father succeeded his nephew in August
1799, as ninth Duke of Hamilton, and sixth Duke of Brandon.
[17] Thomas Chaplin, of Riseholme, Lincolnshire, second son
of Charles Chaplin and Elizabeth Thornton. He married Elizabeth,
Sir Godfrey Webster’s sister, and was appointed guardian to the
Webster children after Sir Godfrey’s death.
[18] He did not obtain this post, but was appointed Advocate-
General in Bengal, through Lord Lansdown’s influence, in 1803.
[19] Sherborne.
[20] A yellow and white spaniel.
 [21] Lord Henry Spencer.
[22] Colonel the Hon. Thomas Onslow (1755–1827), eldest son
of George Lord Onslow, who was created Earl of Onslow in 1801.
He sat in Parliament for Rye from 1775 to 1784, and for Guildford
from 1784 till 1806. He succeeded his father as second Earl in
1814.
[23] Sir John Frederick, of Burwood Park, Surrey, fifth Baronet
(1749–1825); for some years M.P. for Surrey.
[24] Lieut.-Colonel George Montagu (1751–1815), son of
James Montagu, of Lackham, Wilts, a connection of the Earls of
Manchester. He served in the American war, and commanded the
Wiltshire Militia for many years. He was an authority on natural
history, and published an Ornithological History of British Birds in
1802. His collection of birds was purchased by the British
Museum.
[25] Edward Adolphus, eleventh Duke of Somerset (1775–
1855) eldest son of Webb, tenth Duke of Somerset, and Anna
Maria, daughter of John Bonnel, Esq., of Stanton Harcourt,
Oxford. He succeeded his father in 1793, and married, first, in
1800, Charlotte, daughter of Archibald, ninth Duke of Hamilton.
His wife died in 1827, after a long illness. He married, secondly, in
1836, Margaret, daughter of Sir Michael Shaw Stewart, Bart. The
Duke of Somerset’s Devonshire residence was Berry Pomeroy,
near Totnes.
[26] Lord Webb John Seymour, born in 1777, and died
unmarried in 1819. Lord Cockburn in his Memorials says, ‘His
special associate was Playfair. They used to be called husband
and wife, and in congeniality and affection no union could be
more complete. Geology was their favourite pursuit.’
[27] John Playfair (1748–1819), Professor of Mathematics, and
later of Natural Philosophy, in the Edinburgh University.
[28] Jérôme Marie Champion de Cicé (1735–1810), appointed
Archbishop of Bordeaux in 1781. He sided with the popular party,
and his appointment to a post in the Ministry by Louis XVI., after
Necker’s return, was well received. He was accused, however, of
favouring the reactionaries, and resigned his office and Bishopric
in 1790. He remained abroad until the establishment of the
Consulate.
 [29] Dugald Stewart (1753–1828), son of Matthew Stewart,
Professor of Mathematics at Edinburgh University. He assisted his
father in his later years with his mathematical classes, and in
1785 was appointed to the chair of Moral Philosophy. His lectures
were eagerly attended, and many of the young men of the great
Whig families were sent to Edinburgh to benefit by them. He
married, first, in 1783, Helen, daughter of Neil Bannatyne, by
whom he had one son. She died in 1787, and he married in 1790,
Helen, daughter of Hon. George Cranstoun—the ‘Ivy’ of the
letters, recently published, from John William Ward (afterwards
Earl of Dudley), who had been placed under her husband’s care.
She died in 1838.
[30] Sir Ralph Abercromby, his second-in-command.
[31] Alexander (1767–1852), who succeeded his father, as
tenth Duke of Hamilton in 1819. The difficulty was solved by
styling him Marquess of Douglas and Clydesdale.
James, sixth Duke of Hamilton (1724–58), the husband of the
beautiful Elizabeth Gunning, left two sons and one daughter,
Elizabeth, who married Edward, twelfth Earl of Derby. The two
sons succeeded successively as seventh and eighth Dukes, and
on the latter’s death in 1799 the titles reverted to Lord Archibald
Hamilton’s father—the half-brother of the sixth Duke.
[32] Copley.
[33] Lord Holland’s uncle, the Hon. Henry Edward Fox (1755–
1811), youngest son of Henry, first Lord Holland, and Caroline,
daughter of Charles, second Duke of Richmond. He entered the
army at the age of fifteen, and served in America throughout the
war. On his return in 1783 he was appointed aide-de-camp to
George III., and especially distinguished himself in command of
an infantry brigade in Flanders (1793–95). He was appointed
Lieut.-General in 1799, and received successively the
appointments of General in the Mediterranean (1801),
Commander-in-Chief in Ireland (1803), Lieut.-Governor of
Gibraltar (1804). In 1806 he was given command of the forces in
Sicily, and appointed Ambassador to the Court of Naples, but was
recalled on the fall of the Ministry the following year and made
Governor of Portsmouth. He married, in 1786, Marianne,
daughter of William Clayton, Esq.
[34] The treaties were originally drawn up with the object of
prevailing on the King of Prussia to join against the common foe.
These efforts, however, failed, and England and Russia decided
that a joint attack on the French in Holland was the most likely
step to annoy. A second treaty was therefore concluded to this
effect. After the ultimate failure of the expedition the Russians
were quartered for the winter in Jersey and Guernsey.
[35] Evan Nepean (1751–1822), created a Baronet in 1802. He
was Secretary to the Admiralty from 1795 until 1804, when he
became Secretary of State for Ireland.
[36] General Sir Charles Grey, K.B. (1729–1807), afterwards
created Earl Grey. He was at this time in command of the
Southern district in England.
[37] Peter, seventh Lord King (1776–1833), eldest son of Peter,
sixth Lord King, and Charlotte, daughter of Edward Tredcroft,
Esq., of Horsham. He succeeded his father in 1793, and married,
in 1804, Lady Hester Fortescue, daughter of Hugh, first Earl
Fortescue. His eldest son was created Earl of Lovelace in 1838.
He made his maiden speech in the House of Lords on the above
subject two months later, but seldom took part in the debates. He
became, however, a recognised authority on questions of finance
and currency.
[38] Joseph Hager, born at Milan in 1757. A German by birth,
he was educated at Vienna, and after obtaining a thorough
knowledge of European languages turned his attention to those
of the East. He wrote several books on the Chinese tongue, by
which he obtained celebrity, and was appointed Professor of
Oriental Languages at Pavia in 1809. When this post was
abolished, he became Keeper of the Milan Library. He died in
1818.
[39] At the opening of the session, on September 24.
[40] In a series of engagements centring round Zurich
Masséna forced the Russian General Korsakoff to retreat to
Constance, and inflicted on him great loss. The Annual Register
puts the loss of the Allies, arrived at ‘by a most ingenious and
accurate computation,’ from September 25 to October 9, at
15,000 men, and that of the French at 9000. Suvarroff, however,
was not ‘totally defeated.’ On finding what had occurred, he
decided to move his army straight across Switzerland, and after
an adventurous march, complicated by continual fighting,
effected a junction with Korsakoff early in October. Suvarroff
retired to Russia shortly after this, and died in retirement.
 [41] The castle of Aboukir had been stormed and captured on
July 15 by the Turkish army under Mustapha Pasha. It fell again
into the hands of the French on August 2, after eight days’
fighting.
[42] William Cusac Smith (1766–1836), eldest son of Sir
Michael Smith, Bart., who died in 1808. He was called to the Irish
Bar in 1788, and became a King’s Counsel seven years later.
Though a follower of Burke, he sided with the Government, and
was a strong supporter of their policy of the Union. He was
appointed Solicitor-General in 1800, and a Baron of the
Exchequer the following year.
[43] The position of the British and Russian troops in Holland
had become so unsatisfactory and precarious owing to the
inclemency of the weather and various other circumstances, that
the Duke of York decided early in October to withdraw his
advance posts and report the whole matter to the home
Government. The enemy made one determined attack on the
British during their retirement, but were repulsed with loss. On
October 17 a truce was agreed to between the combatants, and it
was arranged as a set-off to permission to the British to re-
embark without molestation that 8000 of the Batavian and French
seamen, prisoners in England, should be given up to the French.
[44] John Philpot Curran (1750–1817), the Irish lawyer and
patriot. He was on most occasions distinguished for his wit and
the brilliancy of his conversation.
[45] George Ponsonby (1755–1817), third son of John
Ponsonby, and brother of William, first Lord Ponsonby. After many
years in the Irish Parliament, he took his seat at Westminster in
1801, as member for Wicklow. He was appointed Lord Chancellor
of Ireland in 1806, but after the fall of the Ministry returned to
the House of Commons. From 1808 until his death he was
recognised as the official leader of the Opposition in that House.
[46] Bonaparte left Egypt on August 24 ‘in consequence of
news from Europe,’ as he stated in his general declaration to the
Army. He landed at Fréjus on October 7, and at once set off for
Paris.
[47] William Young was not Fielding’s tutor, but an intimate
friend, who collaborated with him in several of his works.
[48] Etienne Charles Loménie de Brienne (1727–1794), who
was appointed to succeed Calonne as Finance Minister in 1787.
Louis XVI. appointed him Archbishop of Sens the following year,
when he had proved himself no greater success as Minister than
his predecessor. He was replaced by Necker.
[49] James Scarlett (1769–1844), second son of Robert
Scarlett, Esq., of Jamaica. He was called to the Bar in 1791, and
became a King’s Counsel in 1816. After an unsuccessful attempt
in 1812 he entered Parliament as a Whig in 1819, and was made
Attorney-General by Canning in 1827. He resigned this post the
following year, but considering himself ill-used by his party in
1830, joined the Tories, and was by them appointed Lord Chief
Baron of the Exchequer in 1834. He retained the post until the
time of his death. He was created Lord Abinger in 1835. He
married, first, in 1792, Louisa Henrietta, daughter of Peter
Campbell, Esq., of Kilmory, co. Argyll; and secondly, in 1843,
Elizabeth, daughter of Lee Steere, Esq., and widow of Rev. Henry
John Ridley.
[50] Harvey Christian Combe, Lord Mayor of London for year
ending November 9, 1800.
[51] Probably William, second son of Hon. George Dalrymple,
of Dalmahoy, who became a general officer and Lieut.-Governor
of Chelsea Hospital. He died in 1807, and left a son who
succeeded as seventh Earl of Stair.
[52] Sir Gilbert Affleck’s house, near Newmarket.
[53] See Annual Register for 1800, State Papers, p. 203.
[54] St. Leon, a novel.
[55] Duchess of Leinster.
[56] William Gifford (1756–1826), a friend of Canning and
editor of the Anti-Jacobin or Weekly Examiner. He was
subsequently editor of the Quarterly Review from its
commencement in 1809 until 1824.
[57] Charles Nevison, Viscount Andover (1775–1800), eldest
son of John, fifteenth Earl of Suffolk. He married, in 1796, Jane
Elizabeth, daughter of Thomas William Coke, afterwards created
Earl of Leicester.
[58] Lords Morpeth, Granville Leveson-Gower, Boringdon, Duke
of Bedford.
[59] Don Raymond della Massa.
 [60] Hon. Charles Kinnaird (1780–1826), eldest son of George,
seventh Baron Kinnaird. He succeeded his father in 1805, and
married the following year Lady Olivia Fitzgerald, youngest
daughter of William Robert, second Duke of Leinster. He sat in
the House of Commons for Leominster from 1802 to 1805.
[61] The subject of this correspondence was a remark of Lord
Kenyon in June 1799, when in dealing with a case, Host v.
Whalley, he mentioned that General Fitzpatrick had lost 400l. or
500l. in a gaming house, which he refused to pay, and
animadverted somewhat severely on his conduct. General
Fitzpatrick, in his first letter, dated August 27, 1799, denied that
these were the true facts. He stated his reasons for refusing to
discharge his debt for the present to Mr. Martindale, an
undischarged bankrupt, and informed him that he had the latter’s
sanction to the course he was taking. He said he hoped,
therefore, that Lord Kenyon would take an early opportunity of
correcting his statement, but as he did not do so, he wrote again,
on January 20, that his only course was to publish his letters.
These appeared in the True Briton, March 5, 1800.
[62] Sir Archibald Macdonald, Chief Baron of the Exchequer.
[63] Sylvester Douglas (1743–1823), created Lord Glenbervie
in 1800.
[64] Jacques Etienne Macdonald (1765–1840), one of
Napoleon’s generals; made a Marshal, and created Duke of
Tarento, after Wagram.
[65] Benedetto Menzini (1646–1704), Italian poet and satirist.
[66] Louis Léon de Brancas, Duc de Lauragais (1733–1824),
French savant and writer.
[67] The island was captured by the English in 1655.
[68] The Royal Institution, founded in March 1799 by Count
Rumford, Sir Joseph Banks, and others. It was incorporated
January 13, 1800, by royal charter.
[69] Horne Tooke opposed Fox and Sir Alan Gardner at
Westminster in the election of 1796, and was returned at the
bottom of the poll. He was ordained in 1760, at his father’s
bidding, but did very little clerical duty. After he obtained a seat in
Parliament for Old Sarum in 1801, a bill was brought in by
Addington declaring the ineligibility of clergy. This was passed,
but Tooke was allowed to retain his seat until the end of that
Parliament.
[70] Charles François de Riffardeau, Marquis de Rivière (1763–
1828). He left France with the Comte d’Artois, but returning was
implicated in the Cadoudal conspiracy in 1804, and was
condemned to death. The sentence was commuted by Napoleon
to perpetual imprisonment, and it was not until the Restoration
that he regained his liberty. He was Ambassador at
Constantinople from 1816 to 1820.
[71] Sir Benjamin Hobhouse (1757–1831), son of John
Hobhouse, of Bristol, and father of John Cam Hobhouse, created
Lord Broughton. He sat in Parliament from 1797 until 1818, and
was made a Baronet in 1812.
[72] The Duc de la Rochefoucauld was killed in 1792 by the
revolutionaries at Gisors. The Duc de Liancourt was his first
cousin.
[73] Claude Carloman de Rulhière (1735–1791), a French
writer, was aide-de-camp to the Maréchal de Richelieu for some
years.
[74] His History of James II., which was published, after his
death, in 1808, with a preface by Lord Holland. Lord Brougham,
in his Statesmen of the time of George III., says of his writings,
‘The practice of composition seems never to have been familiar to
Mr. Fox.... His History shows the same want of expertness in
composition. The style is pure and correct, but cold and lifeless; it
is even somewhat abrupt and discontinuous, so little does it flow
naturally or with ease.’
[75] Rev. Francis North (1772–1861), afterwards sixth Earl of
Guilford. He was eldest son of the Hon. Brownlow North and
Henrietta Maria, daughter of John Bannister. His father held
successively the sees of Lichfield (1771), Worcester (1774), and
Winchester (1781), and died in 1820. Mr. North married, in 1798,
Esther, daughter of Rev. John Harrison, who died childless in
1823. He married, secondly, in 1826, Harriet, daughter of Lieut.-
General Sir Henry Warde, G.C.B. On the death of his cousin
Frederick, fifth Earl of Guilford, in 1827, who never married, he
succeeded to the earldom.
[76] John Courtenay (1741–1816), son of William Courtenay.
He was private secretary to Lord Townshend in Ireland, and was
returned by him in 1780 for Tamworth, for which place he sat
until 1796. From that year until 1807 he was member for Appleby.
[77] The Royal Institution.
[78] Joseph Stock (1740–1813), appointed Bishop of Killala in
1798, and transferred to Waterford and Lismore in 1810. Lord
Holland, in his Memoirs of the Whig Party, states that this
pamphlet was supposed to have interfered with his chances of
promotion.
[79] Holland House.
[80] Henry Rich (1590–1649), second son of Robert, Earl of
Warwick, and his wife Penelope Rich (the ‘Stella’ of Sir Philip
Sidney). A favourite with James I., he was, in 1623, created
Baron Kensington, having married Isabel, daughter and heiress of
Sir Walter Cope, who had built what was then called Cope Castle
in 1607. There was probably a house near, if not on the same
site, but this was removed in order to make way for Sir Walter’s
mansion, erected from designs of John Thorpe. Rich was raised to
an earldom in 1624. Lady Holland has somewhat exaggerated his
intimacy with the Queen, but he certainly owed his rapid
advancement at Court greatly to her favour after James’ death.
[81] Sir James Mackintosh, in a fragment of a History of
Holland House, preserved among the MSS., says that Van Dyke
lived there for about two years. He produces no authority,
however, for this statement, nor is the fact referred to in any
recent biography of the great painter.
[82] This picture, as well as that of his brother, Robert, Earl of
Warwick, now belongs to the Hon. Mrs. Baillie Hamilton, a
granddaughter of the first Marquess of Breadalbane, at Langton,
Duns. Lady Mary Rich, daughter of Lord Holland, married, in
1657, Sir John Campbell, of Glenorchy, who was created Earl of
Breadalbane and Holland in 1681. Lady Holland is, however,
mistaken in her description of the picture. Lord Warwick is in
court dress, while Lord Holland wears the leather doublet and
steel breast-plate of the period.
[83] These passages are not from Clarendon. They both are
quoted in Faulkner’s History of Kensington, published in 1820.
The latter of them is there said to be taken from a journal of the
time, the Perfect Diurnal.
 [84] Henry, Earl of Holland’s elder brother, Robert, became
second Earl of Warwick in 1618. On his death in 1658 the title
passed in succession to his sons Robert and Charles. The latter
died in 1673, and leaving no male issue the earldom passed to his
cousin Robert, second Earl of Holland, who had succeeded his
father in 1649. He died two years later, and both titles passed to
his son Edward, who married Charlotte, daughter of Sir Thomas
Middleton (afterwards wife of Addison), while his daughter
married Francis Edwardes of Haverfordwest. Edward, Earl of
Holland and Warwick, died in 1701, and was succeeded by his
only son Edward Henry, above mentioned. On his death,
unmarried, in 1721, the properties passed to William Edwardes,
his first cousin, who was created Baron Kensington in 1776, while
the earldoms reverted to a distant cousin, at whose death the
titles became extinct.
[85] Horace Walpole, in a letter to George Montagu (May 16,
1759), writes, ‘Unluckily, he died of brandy.’
[86] ‘In 1749 it was let on lease, at a rent of 182l. 16s. 9d., to
Henry Fox, first Lord Holland, who bought it in 1767’ (Princess
Liechtenstein’s Holland House).
[87] Lady Georgina Caroline Fox, created Baroness Holland in
1762, was Charles, second Duke of Richmond’s eldest daughter.
She died in 1774, twenty-three days after her husband’s death.
[88] Sister of Sir Lionel Copley and of Lord Abercorn’s first
wife, who died in 1791. Her second brother, Joseph, who
succeeded to the baronetcy on Sir Lionel’s death in 1806, ran
away with and married Lord Abercorn’s second wife.
[89] Lady Ann’s brother, who succeeded his father in 1809 as
third Earl of Arran (1761–1837).
[90] Lord Archibald Hamilton’s sister, and eldest daughter of
Archibald, ninth Duke of Hamilton. The marriage took place on
June 24. She died in 1827. Her youngest sister, Susan, married, in
1803, George, fifth Earl of Dunmore.
[91] Lord Auckland was Chief Secretary in Ireland under Lord
Carlisle, but was included in Lord Shelburne’s Government of
1783, and went out of office with Pitt, to whom he attached
himself.
[92] The treaty of El Arish was concluded in January. By it the
French troops were to be allowed to return to France, without any
stipulation as to their non-employment in the future. This was
directly contrary to the instructions of the British Government,
which only reached Sir Sidney Smith after the conclusion of the
peace. The Ministers, however, on hearing that his word was
pledged, assented to the Articles, but meanwhile the French
victory at Heliopolis over the Turks made them disinclined to
accept terms, and the fighting was renewed.
[93] Charles, Lord Whitworth (1752–1825), Minister
Extraordinary at St. Petersburg from 1788 till 1800. He was raised
to the peerage at Paul’s own special request, but before the news
of the honour arrived the Czar had quarrelled with him and
dismissed him from his dominions.
[94] Paul’s views on the European question underwent a
radical change soon after Napoleon’s accession to the Consulate.
He conceived a great admiration for the conqueror of Italy, and
this feeling was fostered by the latter’s action in restoring him
7000 Russian soldiers, clothed in new uniforms, whom the English
had refused to include in a cartel of exchange. Instead of the ally
he suddenly became the active opponent of England and Austria,
seized all British ships in his ports, and ordered Lord Whitworth to
retire to Riga.
[95] Grey in his speech disclaimed the fact that the object of
his motion was the reform of Parliament, though he owned he
wished it was so. As, however, this was impracticable he wished
only to try to keep Parliament in its present state.
[96] John Gale Jones (1769–1838), a Radical politician of the
advanced school, though by profession a surgeon.
[97] Fox, in a letter to Lord Holland, dated March 1798
(Memorials and Correspondence), says: ‘With regard to secession
(that is declared secession) I confess I do not like it as a
measure, but I believe the Duke of Bedford does. I should dislike
to a degree I cannot express to attend again myself: ... but I am
so far from wishing others to do the same, that I even wish for
occasions when you and others may have opportunity of
attending.’ Again, on October 21, he writes: ‘The Duke of
Bedford, who is here, confirms what you say of Grey’s intention to
attend occasionally, and I shall not be at all sorry to find myself
the sole seceder.’
[98] Lord Holland points out in the Memoirs of the Whig Party
that this was the first motion in the House of Lords on a subject
which finally received the assent of Parliament in 1829. The
motion was not directly negatived, but the debate was concluded
by Lord Boringdon, who moved the previous question.
[99] A bill on this subject was brought in by Lord Auckland in
April, but was dropped after passing the second reading. The
same gentleman introduced a new Bill on May 16, which passed
through the House of Lords, though on third reading the figures
were only 77 to 69. It was also read twice in the House of
Commons, but was thrown out on a motion that it should be
considered in Committee. The first was to prohibit the
intermarriage of the offending parties. The second contained an
additional clause making the offenders liable to imprisonment and
fine.
[100]

From every latent foe,

From the assassin’s blow,
God save the King!
O’er him thine arm extend,
For Britain’s sake defend
Our father, prince, and friend,
God save the King!

[101] Mr. William Fawkener, clerk to the Privy Council, and

eldest son of Sir Everard Fawkener, a London merchant.
[102] Philip, fifth Earl of Chesterfield (1755–1815), son of
Arthur Stanhope, Esq., of Mansfield, Nottinghamshire, succeeded
his relation and godfather, the celebrated politician and wit, in
1773. His former tutor, Dr. William Dodd (1729–1777), whom he
appointed to the living of Wing, forged his name in 1777 for a
bond of 4200l. Dodd was arrested, and notwithstanding great
efforts made to save him, he suffered the supreme penalty of the
law.
[103] Duke of Sussex. He had married Lady Augusta Murray
secretly in 1793.
[104] He was acquitted, upon the grounds of insanity, and was
ordered to be confined for the remainder of his life.
[105] J. D. Carlyle (1759–1804), appointed Chancellor of
Carlisle in 1793. He accompanied Lord Elgin’s mission to
Constantinople as chaplain.
 [106] Masséna was forced to capitulate on June 4, but the
delay had given Bonaparte necessary time to cross the passes
while Melas and his Austrians were still busily engaged at Genoa.
Part of the French army of the Rhine was also liberated by
Moreau’s successes over Knay, near Ulm, and French
reinforcements poured into Italy by the Simplon and St. Gothard.
Melas, probably unaware of the new arrivals, turned to defend
himself against Bonaparte, but was signally defeated on June 14
at Marengo.
[107] Count Semen Vorontzoff was appointed Russian
Ambassador in London, 1784, and remained there until 1806. He
obtained permission from his Government to continue to reside
there after his official connection with England had ceased, and
died in 1832 at the age of eighty-nine.
[108] The Duke of Clarence used these quotations in a speech
in the House of Lords on the Divorce Bill. The sermon referred to
was delivered in 1795 by Samuel Horsley, Bishop of Rochester.
The reason for the Duke’s reference was to oppose the
arguments which the Bishop used on that occasion to his
statements made on the Bill. Samuel Horsley (1733–1806) was
appointed Bishop of St. David’s in 1788, was transferred to the
see of Rochester in 1793, and to that of St. Asaph in 1802.
[109] Georgina Elizabeth, second daughter of George, fourth
Viscount Torrington, who married Lord John Russell (afterwards
sixth Duke of Bedford) in 1786, and died in 1801, leaving three
sons, one of whom was the celebrated statesman, Lord John
Russell. Her husband succeeded his brother in the dukedom in
1802. He was born in 1766, and married, secondly, in 1803,
Georgina, daughter of Alexander, fourth Duke of Gordon. He held
the post of Lord-Lieutenant of Ireland, 1806–7, and died in 1839.
[110] Lady Georgina Dorothy Cavendish, eldest daughter of
William, fifth Duke of Devonshire, and Georgina, daughter of
John, Earl Spencer. She married Lord Morpeth in 1801, and died
in 1858.
[111] Sir William Scott (1745–1836), created Lord Stowell in
1821. He practised in the Admiralty and Ecclesiastical Courts, and
was appointed Judge of the Consistory Court in 1788, Master of
the Faculties in 1790, and Judge of the High Court of Admiralty in
1798.
 [112] Grey married, in 1794, Mary Elizabeth, only daughter of
William Brabazon, first Baron Ponsonby, of Imokilly. She died in
1861. His eldest sister, Elizabeth, married Samuel Whitbread in
1789. The latter (1758–1815) was only son of Samuel Whitbread,
of Southill, Beds. He was elected as member for Bedford in 1790,
and sat in Parliament until his death by his own hand in 1815.
[113] Magistrate at Bow Street. He retired on a pension the
following year.
[114] Charles Abbot (1757–1829). He first entered Parliament
in 1795, and was made Speaker in 1802. He retired in 1816, and
was then created Baron Colchester.
The Bill was the result of a Committee appointed by Pitt in
1797, with Abbot as chairman. It was designed to put an end to
the habit, prevalent in the preceding century, of persons in high
office placing the public moneys to their own account and
appropriating to their own use the interest which thus accrued. It
was not even considered necessary to refund the capital sum at
the expiration of their term of office, when the accounts were
closed, and the matter was allowed to drag on, as in the
Hollands’ case, until it was found convenient to pay off the whole.
The monies were outstanding from Lord Holland’s
grandfather’s (Henry Fox, first Lord Holland) Paymastership. The
practice was looked on as a right, though certain statesmen of
the time—the Pitts and others—refused to benefit by it, and
thereby obtained the praise and increased confidence of the
public. The retrospective clauses were not finally included in the
Bill.
[115] George O’Brien, third Earl of Egremont (1751–1837), the
well-known connoisseur and patron of the fine arts, who
succeeded to the title in 1763.
[116] By her grandfather Florentius Vassall’s will the property
was to be equally divided among all her sons at her death.
[117] John Lens (1756–1825), became a Serjeant-at-law in
1799, and King’s Serjeant in 1806.
[118] On him and his share in the quarrel between Lord
Carlisle and Lord Kenyon.
[119] He was appointed Louis XV.’s doctor in 1731.
 [120] Joan, daughter and co-heiress of Major-General Scott, of
Balcomie, co. Fife. She was created Viscountess Canning in 1828,
after her husband’s death, and died in 1837.
[121] John Millar (1735–1801). He accepted a professorship in
law at Glasgow in 1761. His lectures on civil law and
jurisprudence were renowned. He was strongly inclined to
Whiggism, and favoured the principles of the French Revolution,
though detesting the excesses which afterwards arose in that
country.
[122] Mr. Fox, writing of Lord Henry in 1802, says, ‘I never did
see a young man I liked half so much. Whatever disappointments
Lansdown may have had in public life, and of a still more sensible
kind in Lord Wycombe, he must be very unreasonable if he does
not consider them all compensated in Lord Henry.’
[123] Mme. de Staël mentions Bonaparte’s visit to her father in
her Considérations sur la Révolution française, but does not
allude to having seen him herself. Bourrienne quotes Napoleon’s
opinion of her: ‘I do not like women who make men of
themselves, any more than I like effeminate men.... I cannot
endure that woman: for one reason, that I cannot bear women
who make a set at me, and God knows how often she has tried to
cajole me!’
[124] Charles, third Earl Stanhope (1753–1816), an outspoken
admirer of the doctrines of the French Revolution, and a social
reformer of a most advanced type.
[125] Mrs. Warren Hastings, the divorced wife of Baron Imhoff.
She married Hastings in 1777.
[126] Edward Law (1750–1818), created Lord Chief Justice and
Baron Ellenborough in 1802.
[127] John, sixth Earl of Stair (1749–1821), only son of John,
fifth Earl of Stair, and Miss Middleton, daughter of George
Middleton, Esq. He succeeded his father in the earldom in 1789.
He was Minister Plenipotentiary in Poland, 1782, and to Berlin,
1785.
[128] Sheridan’s second wife, whom he married in 1795—
Esther Jane, daughter of Newton Ogle, Dean of Winchester.
[129] A note in the Annual Register for 1800, dated May 7,
states that the Duke, having disposed of the materials of Bedford
House, ordered a sale of the contents. A list of the most valuable
of these is given.
Russell and Bloomsbury Squares, connected by Bedford Place,
were erected on the site of the house and gardens. The idea of a
statue of Lord Russell was not carried out, but in Russell Square a
statue of the Duke himself, by Sir Richard Westmacott, erected in
1809, now stands facing Bedford Place. At the other end, in
Bloomsbury Square, is a bronze one of Charles James Fox by the
same sculptor.
[130] William V., the last Stadtholder, who left Holland in 1795
when the Batavian Republic was declared, and died in 1806. His
son was restored as King in 1813.
[131] Henry Webster, her son.
[132] Sir Thomas Maitland (d. 1824) a brother of Lord
Lauderdale. He was in command of the troops in this expedition,
with local rank of major-general, while the naval force was under
Sir Edward Pellew. The peninsula of Quiberon was attacked and
forts on it captured, but nothing decisive was achieved.
[133] John William, Viscount Duncannon (1781–1847), eldest
son of Frederick, third Earl of Bessborough, and Henrietta,
daughter of John, Earl Spencer. He succeeded to the titles on his
father’s death in 1844.
[134] Jean François Bourgoing (1748–1811), appointed
Minister at Copenhagen in 1799.
[135] As soon as Napper Tandy took refuge at Hamburg in
1798, Lord Grenville summoned the Senate to hand him over to
the British representative on the charge of high treason. After
some delay he was sent to England, and was tried early in 1800.
He was acquitted on one charge, but was condemned to death on
a second. The sentence was never carried out, and he was
released in 1802. His surrender, however, cost the Senate dear,
for Bonaparte fined the city four and a half million francs, for their
action in handing over an individual who claimed to be a French
subject.
[136] Perhaps the adventurer, James George Semple, alias
Semple Lisle, the son of an exciseman, who lived an adventurous
life on the Continent and in England, where he was several times
sentenced to imprisonment for fraudulent transactions. It is
stated in the Dictionary of National Biography that the last thing
known of him is in 1799, when he was still in confinement in
Tothill Fields prison.
[137] Thomas Holcroft (1745–1809), the dramatist and
novelist. His best play, The Road to Ruin, was first performed at
Covent Garden in 1792. He was indicted of high treason in 1794,
but was acquitted. He left England in 1799, owing to want of
money, but only stayed in Hamburg a short time. He then went to
Paris for two years, and died in England.
[138] Charles Maclean, writer on politics and on medical
subjects. He spent the best years of his life in India in the service
of the East India Company.
[139] Henriette de Sercey, Mme. de Genlis’ niece (‘A Circe,’
according to Miss Burney), and companion on her visit to England
in 1791, married M. Mathiessen at Hamburg in 1795 or 1796.
[140] Lady Edward Fitzgerald.
[141] Prince Adolphus Frederick, Duke of Cambridge (1774–
1850), and father of the late Duke of Cambridge. He was
educated at Göttingen, and served in the Hanoverian army until
1804.
[142] Ahlden.
[143] The heiress was Lady Elizabeth Percy, daughter of the
eleventh Earl of Northumberland. She was married at the age of
eleven to the Earl of Ogle, son of the Duke of Newcastle, who
died the following year. When fourteen her mother married her to
Mr. Thynne, of Longleat, in order to preserve her from
Königsmark, who was trying to marry her. As Thynne refused to
fight a duel with a friend of Königsmark, who was put up to pick
a quarrel with him, his assassination, while driving in Pall Mall,
was arranged and duly carried out. In the ensuing trial
Königsmark was acquitted of complicity, but had to fly the
country.
[144] Charles William Ferdinand, Duke of Brunswick-
Wolfenbüttel. He was born in 1735, and married, in 1764,
Princess Augusta, sister of George III. He was killed at the battle
of Auerstadt in 1806. Their daughter, Caroline, married George IV.
The Duchess returned to England in 1807, after the death of her
husband, and died in 1813.
[145] John Joshua, first Earl of Carysfort (1751–1828), only
son of Sir John Proby, first Baron Carysfort. He succeeded to the
title on his father’s death in 1772, and was raised to an earldom
in 1789. He married, first, in 1774, Elizabeth, daughter of the
Right Hon. Sir John Osborne; and, secondly, in 1787, Elizabeth,
daughter of the Right Hon. George Grenville. He held the post of
Minister Plenipotentiary in Berlin from 1800 until 1802.
[146] Prince Ferdinand Augustus of Prussia (1730–1813),
youngest brother of Frederick the Great.
[147] Frederick William III. married, in 1793, Louise, daughter
of Duke Charles of Mecklenburg-Strelitz. She was born in 1776,
and died in 1810. Frederick William, who was son of Frederick
William II. and his second wife, Princess Louise of Hesse
Darmstadt, became King of Prussia in 1797.
[148] Prince Henry of Prussia (1726–1802), another brother of
Frederick the Great.
[149] Hugh Elliot, British Minister in Dresden until 1803, when
he was transferred to Naples.
[150] Strict regulations were at this time in force against any
voluntary visit to places in the French dominions or under the rule
of the Republic. Lord Holland mentions in his Memoirs of the
Whig Party, that to obviate this he applied for a special permit,
but received no answer. As they had, however, passports from
Bournonville and La Valette, the French Ministers at Berlin and
Dresden, and having read a letter from Lord Grenville to Lord
Carysfort saying that all would be well if they did not visit Paris,
they decided to go on. This was fortunate, he says, for the Duke’s
letter, which he did not receive until his return to England, gave
no decided permission, while as it was they had no difficulty, on
reaching Dover, in obtaining leave to land.
[151] Duchess Amalia of Saxe-Weimar, a Princess of
Brunswick. She married Ernest Augustus, Duke of Saxe-Weimar,
who died in 1758, and acted as guardian to her infant son,
Charles Augustus, who lived until 1828.
[152] James Henry Lawrence (1773–1840), miscellaneous
writer, son of Richard James Lawrence, Esq., of Jamaica. His
essay on the customs of native caste in Malabar was inserted by
Wieland in his Merkur, and he later published a romance on the
same subject. In later life he asserted that he was a Knight of
Malta, and called himself Sir James Lawrence.
[153] Stephen, born January 18, 1799.
 [154] ‘The Parliament of the United Kingdom of Great Britain
and Ireland, otherwise called the Imperial Parliament, was
opened, by commission, on the 22nd of January, 1801.’... The
King, however, did not meet Parliament till the 2nd of February
(Annual Register).
[155] His medical attendant.
[156] William, fourth Earl Fitzwilliam (1748–1833), Lord-
Lieutenant of Ireland in 1795.
[157] The attempt to blow up Bonaparte on the way to the
Opera took place on December 24, 1800. The plot was hatched
by three Chouans—Limoëlan, Saint-Réjant, and Carbon. The two
latter were taken and executed; but the first-named escaped to
America. An extract from Lord Wycombe’s diary relating to the
atrocity appears on p. 142.
[158] Hon. William Stuart (1755–1822), fifth son of Lord Bute.
Appointed Bishop of St. David’s, 1793, and Archbishop of Armagh
in 1800.
[159] Hon. Mary Elizabeth Nugent, daughter of Robert,
Viscount Clare (afterwards Earl Nugent). She married, in 1775,
George Grenville, second son of the Right Hon. George Grenville.
He succeeded his uncle as second Earl Temple in 1779, and was
created Marquess of Buckingham in 1784. He was twice Lord-
Lieutenant of Ireland, 1782–3, 1787–9: and died in 1813. Lady
Buckingham was created Baroness Nugent in 1800, with
remainder to her second son, George, at whose death in 1850 the
title became extinct.
[160] Charles, afterwards second and last Marquess Cornwallis
(1774–1823).
[161] John Fitzgibbon, appointed Lord Chancellor of Ireland in
1789, and raised to an earldom in 1795, as Earl of Clare. He
married, in 1786, Anne, daughter of Richard Whaley, Esq.
[162] This of course was not the case. The King recovered
sufficiently to permit of the necessary arrangements being made.
[163] Lord St. Vincent became First Lord of the Admiralty in
Addington’s Government, giving up the Channel Fleet.
[164] Admiral the Hon. William Cornwallis (1744–1819),
Marquess Cornwallis’ brother, when proceeding as commander-in-
chief to the West Indies in 1796, put back owing to damage to his
ship. He was ordered to start again at once in a small frigate, but
declined to do so on the grounds of health. For this he was
brought to a Court martial, but though practically acquitted, he
resigned his command.
[165] Margaret Georgina, eldest daughter of the Right Hon.
Stephen Poyntz. She married John, first Earl Spencer, in 1755,
and died in 1814.
[166] This is not true. E.V.H., November 1801.
[167] Grey’s wife was George Ponsonby’s niece. Ponsonby was
the leader of the Whigs in the House of Commons from 1808 till
1817.
[168] Sir Walter Farquhar (1738–1819), the well-known doctor:
physician in ordinary to the Prince of Wales, and created a
Baronet in 1796.
[169] Deaf and Dumb, first acted on February 24. It was a free
translation of a play of Kotzebue.
[170] See ante, ii. 74. The general impression in the minds of
Fox’s followers all through this vexed question of secession
appears to have been that those who did attend, and especially
Tierney, were not really anxious for Fox’s return to active political
life, and preferred to make the most of their own opportunities.
Hence the somewhat biassed feelings with which Lady Holland
approaches the subject. Fox himself was perfectly ready and
willing that anyone should attend who wished to do so, but there
was an uneasy feeling which rankled in the hearts of his friends,
that interested and insidious motives underlay the professions of
goodwill towards him in certain quarters.
[171] The letter is printed in the Memorials and
Correspondence of C. J. Fox, iii. 189. In it he states that he thinks
he will go to town no more that year. If he can be of service to
the public or the party he would do so, but he can see no chance
of doing any good.
[172] This was a second protest against the Bill. Lord Clare
moved on March 31 to have it expunged, and carried his point by
ninety-two votes to twenty. The first protest remains on the
Journals. It was signed by the same four Lords, and in addition by
Lord Ponsonby.
[173] The attempt to blow up Bonaparte on December 24 (3
Nivôse) 1800, referred to previously, ii. 127.
 [174] The first performance in Paris of Haydn’s Creation.
[175] Fouché.
[176] Horne Tooke stood against Charles Fox for Westminster
in 1790 and in 1796, but was each time rejected by a large
majority. Fox, however, strongly opposed the Bill, aimed at Horne
Tooke, forbidding clergymen to sit in Parliament.
[177] Lord Grenville refused to continue to support the
Government, because of the utterly inadequate terms on which
he considered peace had been obtained, and wrote to Addington,
on October 14, informing him of his reasons.
[178] Lady Holland’s old friend Thomas Pelham, now Lord
Pelham. His father was created Earl of Chichester in June 1801.
[179] Afterwards fourth Lord Holland. He was born on March 7,
1802.
[180] Hugues Bernard Maret (1763–1839), created Duc de
Bassano in 1809. Appointed Secretary of State, after the coup
d’état of 18 Brumaire, he succeeded Bourrienne as the Emperor’s
secretary in 1804. Minister for Foreign Affairs in 1811.
[181] The horses, which were taken from Venice in 1797 and
were restored in 1815, stood on the triumphal arch in the
Carrousel.
[182] General Fitzpatrick.
[183] Lord Robert Spencer.
[184] Hon. Frederick Ponsonby (1785–1837), second son of
Frederick, third Earl of Bessborough. He became a Major-General
and K.C.B., and was Governor of Malta from 1826 till 1835. He
married, in 1825, Emily, daughter of the third Earl Bathurst.
[185] John Bernard Trotter (1775–1818), who accompanied
Fox to assist him in transcribing certain material for his History of
the Reign of James II. He became his private secretary in 1806,
and published Memoirs of the later years of his chief’s life in
1811, including an account of this visit to Paris.
[186] Washington George Louis, Marquis de la Fayette (1779–
1849), Washington’s godson, and a French deputy. La Fayette’s
son-in-law, De Lasteyrie, had finally to leave the army on account
of the treatment he received.
 [187] Antoine François, Count Andréossy (1761–1828),
grandson of the maker of the Languedoc Canal. He was
appointed Ambassador to England early in 1802, but left upon the
recommencement of war. He was successively Ambassador at
Vienna (1809), and at Constantinople (1812).
[188] Charles Ambroise de Caffarelli (1758–1826), born at
Falga. Originally a priest, he left the Church on the outbreak of
the Revolution, and after suffering imprisonment held several
posts under Napoleon. After the Restoration he again took up his
ecclesiastical duties. His brother, Louis, was a distinguished
general, and had already lost a leg when he joined the Egyptian
expedition.
[189] Cyrus-Marie de Timburne-Timbronne, Comte de Valence
(1757–1822). He served under Dumouriez, but did not desert the
French cause for the Austrian. He sent in his resignation,
however, shortly after, and came to England. He returned to
France after 18 Brumaire, and commanded a division in Spain and
Russia. He married a daughter of Madame de Genlis.
[190] Amédée-Bretagne-Malo de Durfort, Duc de Duras (1771–
1838). He was attached to the suite of Louis XVIII. when in exile,
but returned to France during the Consulate. He married Claire de
Kersaint (1779–1828), the well-known writer and friend of
Chateaubriand.
[191] Trophime Gérard, Comte de Lally-Tollendal (1751–1830),
the legitimate son of Lally, of Indian fame, and Félicité Crafton. At
the outbreak of the Revolution he sided with the Third Estate, but
disgusted with excesses he went over to the Court party and was
obliged to fly to England. He returned to France after 18
Brumaire, and was made a peer by Louis XVIII.
[192] Adélaïde Marie Filleul (1761–1836). She married the
Comte de Flahaut, who was more than three times her age, when
eighteen. She went abroad at the commencement of the
Revolution, and after the Count’s death on the scaffold, supported
herself and her son by her pen. She returned to France in 1798,
and married, in 1802, the Portuguese Minister in Paris, the
Marquis de Souza-Botelho. Her novels are well known, among the
most celebrated being Adèle de Sénanges and Emilie et Alphonse.
Her son, Auguste Charles Joseph (1785–1870), served with
distinction in Napoleon’s wars, and resided outside France from
1815 to 1830. Returning after the Revolution he held various high
diplomatic posts, and was Ambassador to England from 1860 to
1862. He married, in 1817, Baroness Keith and Nairn, and one of
his daughters married the fourth Marquess of Lansdowne.
[193] René Louis, Marquis de Girardin (1735–1808), who
distinguished himself in the Seven Years’ War, and afterwards
settled at Ermenonville. There he gave an asylum to Rousseau,
who died in his house. He was fortunate in saving his life in the
Terror, and left France to return after the troubles were over.
[194] Jean Antoine Gallois (1761–1828), the friend of Cabanis.
He was made President of the Tribunate in 1802. He took but
little part in politics after 1814.
[195] André Morellet (1727–1819), French writer. Made a
Senator in 1808.
[196] Louis Mathieu, Comte de Molé (1781–1855), who was
imprisoned with his father in 1794, but escaped death owing to
his youth, and came to England. He held various offices under
Napoleon, and was continued in his employment by Louis XVIII.
He continued to take a leading part in politics until 1851, and held
several important posts.
[197] Giuseppe Acerbi (1773–1846), an Italian naturalist. His
book was first published in English. He was Austrian Consul-
General in Egypt, 1826–36.
[198] Louis, Comte de Narbonne (1755–1813). He was son of
one of Princess Elizabeth’s ladies, possibly by Louis XV. At any
rate he was educated at the Court, and given a position in
Madame Adélaïde’s suite. He escorted the Princesses to Rome in
1791. After his return he was made War Minister by Madame de
Staël’s influence, but only held the post three months. He fled
abroad soon after, and did not return till after 18 Brumaire. He
offered his services to Napoleon, and was variously employed by
him until his death of typhus at Torgau.
[199] Octave Gabriel, Comte de Ségur (1778–1818), son of
Louis Philippe, Comte de Ségur, and Antoinette d’Aguesseau. He
married his first cousin, daughter of Henri Cardin d’Aguesseau. He
showed great literary promise, but drowned himself in the Seine
in 1818.
His brother, Philippe Paul (1780–1873), gained much distinction
by his military services, and became a recognised writer on
military history.
 [200] Arnail François, Marquis de Jaucourt (1757–1852), born
of a Protestant family. He escaped death during the Terror and
left France in 1793. After his return in 1800 he became a Tribune
and a Senator, and later held several offices under Louis XVIII.
[201] Giambattista Casti (1721–1803). Born at Montefiasconi,
he entered the Church, but gave up a canonry at his native town
to travel. He is best known by his poems, and became Poet
Laureate of Austria after the death of Metastasio.
[202] Jean Baptiste Chevalier (1752–1836), secretary to the
Ambassador to Turkey, Comte de Choiseul-Gouffier, with whom he
travelled in Asia Minor in 1784–. He remained abroad during the
Revolution, and on his return was made keeper of the Sainte-
Geneviève library.
[203] Casimir, Comte de Montrond (1768–1843). He was
incarcerated during the Terror, and met in prison Mlle. de Coigny
(Duchesse de Fleury), the Jeune Captive of André Chénier, whom
he soon afterwards married. After his divorce he became the
bosom friend of Talleyrand, and was one of the best known men
in French society until obliged to fly the country in 1812 on
account of intrigues against Napoleon.
[204] Arcadi Ivanovitch Markoff, the favourite of Catherine II.
He was appointed Ambassador to Paris in 1801, but was recalled
ere long at the instance of Napoleon, who feared his diplomatic
skill and finesse. He held several other diplomatic posts, and died
at a great age.
[205] Perhaps Pierre Marie, Marquis de Grave (1755–1823),
successor to Narbonne as War Minister. He only held the post a
few months, as he was obliged to leave the country on account of
his devotion to Louis. Trotter says Madame Roland describes him
in one of her works as ‘a good-natured little man, unfit for an
ordinary situation—rolling his blue eyes and falling asleep over his
coffee.’
[206] Edouard Dillon, son of Robert Dillon, and his second
wife, Miss Dicconson; one of a family of thirteen.
[207] Joseph François Talma (1763–1826), the friend of David.
He was educated as a dentist, and first went on the stage in
1787. He quite overcame a certain thickness of speech and
stiffness of manner, and was later justly celebrated for the purity
of his accent.
 [208] Roch Amboise Sicard (1742–1822), the head of the Deaf
and Dumb Asylum in Paris initiated by the Abbé de l’Épée. The
objective of this institution, which still exists, has been to educate
the inmates so as to fit them to go out into the world and earn
their own living.
[209] Possibly Antoine Henri Bertrand the sculptor. He worked
for some years in Italy with Canova.
[210] Charles de Noailles, afterwards Duc de Mouchy (1771–
1834), eldest son of Philippe de Noailles, Prince de Poix. He left
France in 1792 and came to England, where he remained till the
Consulate. On his return he continued his career in the army, and
became Field-Marshal in 1815. He was the bearer of the message
from the Provisional Government in 1814 asking Louis XVIII. to
return to France.
[211] With the battle of Austerlitz, late in 1805, ended all hope
of a successful European coalition against Napoleon. The
wavering counsels of the Prussian Cabinet were decided once and
for all by the action of their envoy, Haugwitz, who concluded a
treaty with Napoleon upon receipt of news of the battle. The
Austrians had to take the best terms they could obtain, and by
the Treaty of Presburg, in December, retired from the struggle
bereft of their fairest provinces. Napoleon, who had given the
kingdom of Naples to his brother, Joseph, now turned to make
peace with England. He found Fox, the new Foreign Minister, less
pliant than he had hoped. The restitution of Hanover, which had
been handed over to Prussia a few months before, was insisted
upon, as well as the maintenance in Sicily of Ferdinand. To the
former demand Napoleon agreed, and seemed inclined to accede
to the latter request, until he found that the Russian envoy,
d’Oubril, was prepared to throw over England, and sign a
separate treaty. He then changed his tone and demanded the
cession of Sicily to Joseph; but by so doing lost the opportunity
for peace with both countries, for the Czar repudiated the
preliminaries signed by d’Oubril, and Fox recalled his envoy from
Paris. The failure of these negotiations put an end for the
moment to Napoleon’s designs on Portugal. A large portion of the
French army never actually reached Bayonne, but was elsewhere
employed against the Prussians. Lord St. Vincent remained with
his fleet at Lisbon until it was evident that the danger of an
invasion of Portugal was past; and a large force of troops, under
Lord Rosslyn, who had been assembled at Plymouth to await
eventualities, was at the same time disbanded.
[212] Three months (Annual Register for 1806, Chapter ix.).
[213] Francis Charles, Earl of Yarmouth (1777–1842), eldest
son of Francis, second Marquess of Hertford, whom he succeeded
in the titles in 1822. He married, in 1798, Maria Fagniani. He had
been one of those English who were detained in France after the
rupture of the peace of Amiens. He was released early in June
owing to Fox’s personal intervention, and was a bearer of a verbal
message from Talleyrand to him on the subject of peace. As it
was necessary to keep these communications secret, and as Lord
Yarmouth’s return to his family in France would not in any way
excite attention, Fox sent him back to Paris with orders to
conduct the subsequent negotiations with the French
Government.
[214] Talleyrand first offered the Hanse Towns.
[215] Adam Georges Czartoriski (1770–1861). He was first
brought to Petersburg as a hostage, but gained the Emperor’s
friendship, and was made Foreign Minister at his accession. The
views he held were liberal and enlightened, and every influence
he possessed over his master was for the best. Despairing,
however, of carrying out his schemes he resigned in 1807, but still
retained the Emperor’s ear.
[216] James, second Earl of Rosslyn (1762–1837), nephew of
the Lord Chancellor, whom he succeeded in 1805. He had already
served in Portugal, 1796–9, as second-in-command to Sir Charles
Stuart.
[217] The Russian Ambassador in England.
[218] Lord Holland in the Memoirs of the Whig Party
maintained his entire disbelief in these rumours.
[219] Henri Jacques Guillaume Clarke (1765–1818), afterwards
created Duc de Feltre. He was War Minister 1807–13, and held
the same post under Louis XVIII. in 1815. It was said of him,
‘C’est l’homme d’épée qui doit le plus à sa plume.’
[220] The town of Gaeta was besieged by the French under
Masséna, and capitulated before the Neapolitan and English
forces, fresh from their victory at Maida, were able to intervene.
By this capture, Masséna’s army of 18,000 was freed to make
common cause with Regnier against the Calabrians, and as all
hope of success in that quarter was thereby removed, Sir John
Stuart withdrew his troops to Sicily.
[221] Manuel de Godoy (1767–1851), Prime Minister of Spain.
He obtained this title from having concluded the peace with
France in 1795.
[222] Spanish Ambassador in Paris.
[223] Lord Howick was First Lord of the Admiralty, and Lord
Henry Petty Chancellor of the Exchequer.
[224] Ali Pacha, vizier of Janina (1744–1822), son of an
Albanian chief. He made his name by cruelty and brigandage, and
was appointed Governor of Trikala by the Turks for his assistance
against Russia. He allied himself to Napoleon in 1797, and again
in 1807, but went over to the English after the treaty of Tilsit. He
made himself practically independent of the Turks, who decided
to rid themselves of him, and having taken him prisoner,
treacherously put him to death.
[225] Two important points were at issue between England
and the United States, and popular excitement had risen to such
a pitch in the latter country that a non-importation order had
been issued against British goods, to take effect on November 15.
The first ground of complaint was the right claimed by England of
searching and taking deserters out of American ships; the second,
the practice of seizing ships engaged in the carrying trade
between France and her colonies, although they had touched at a
neutral port.
[226] James Monroe (1758–1831) who took a leading part in
the war of Secession and sat in the United States Senate from
1790 to 1794. He was then sent as Ambassador to Paris, but was
recalled two years later. He was again sent there in 1802, and
was employed for some years in London and Madrid. He returned
to America after the refusal of Jefferson to ratify this treaty. He
was appointed Secretary of State in 1811, and was elected
President in 1816, a post which he retained until he retired from
public life in 1825. He was the author of the message to Congress
in 1823, embodying the principles known as the ‘Monroe
doctrine.’
[227] William Pinkney (1764–1822), an Englishman by birth,
who gained distinction in the legal profession. He was first sent to
London in 1796 by Washington and added diplomacy to his other
employments. Going back to America in 1804 he returned to
England two years later, and remained as Minister till 1811. He
was Attorney-General of the United States for three years, and
was Minister to Russia for a short time.
[228] The latter was taken ill on the journey, returned
immediately to England, and died a few days after his arrival.
[229] The correspondence relating to these negotiations is
given in the Annual Register for 1806.
[230] ‘His tenacity about the uti possidetis, and his frequent
recurrence to that phrase, led Napoleon to reproach him with an
adherence to “des formules Latines,” which to those well
acquainted with the nature of Lauderdale’s acquirements in
classical phraseology was diverting enough.’ (Memoirs of the
Whig Party).
[231] Comte de Montrond. See ante, ii. 159.
[232] Baron André Jakovlevitch Budberg (1750–1812).
[233] Ambassador to Russia, 1804–06, and again in 1807.
[234] Jerome Bonaparte’s ship, the Veteran, was one of
Admiral Villaumez’s fleet, now France’s sole hope on the high
seas. Originally detailed for the Cape of Good Hope, Villaumez
had crossed over to the West Indies on hearing of the capture of
the African settlement by the English. He was unable to elude the
vigilance of Sir Thomas Cochrane, and three squadrons under the
command respectively of Sir John Borlase Warren, Sir Richard
Strachan, and Admiral Louis were despatched to confront him.
Villaumez seeing that his fleet could not hope to escape en
masse, gave the order for his ships to separate. Only one
however, was successful in regaining France safely, and Jerome
was only able to save his crew and guns by running his ship
ashore on the coast of France. Sir John Warren’s fleet was
despatched with exemplary haste, but lost several days at
Spithead owing to contrary winds. To this delay Mr. Allen, in the
Annual Register for 1806, attributes the escape of Villaumez’s
squadron.
Sir John Borlase Warren (1753–1822), son of John Borlase
Warren, of Stapleford, Nottinghamshire. He entered the Navy in
1771, and saw much service. He became Rear Admiral in 1799,
and was sent to Russia in 1802 to compliment Alexander on his
accession.
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