TWO:On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Billsone to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.
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THREE:It was now expected by the Whigs, and by a[10] great part of the public, that they should come into office. At first the conduct of the Prince Regent favoured this supposition. He applied to Grey and Grenville to draw up the answer that he should return to the two Houses on their addresses on his appointment. But he did not quite like this answer, and got Sheridan to make some alterations in it. He then returned the paper to Grey and Grenville, as in the form that he approved. But these noblemen declared that they would have nothing more to do with the paper so altered; and Sheridan, on his part, suggested to the prince that he would find such men as Ministers very domineering and impracticable. Nor was this allLord Grenville and his family held enormous patronage. Like all the Whigs, the Grenvilles, however they might study the interests of the country, studied emphatically their own. Grenville had long held, by a patent for life, the office of Auditor to the Exchequer; and in accepting office in "All the Talents" Ministry, he managed to obtain also the office of First Lord of the Treasury. The Auditorship of the Exchequer was instituted as a check on the Treasury, but neither Lord Grenville nor his friends saw any impropriety in destroying this check by putting both offices into the same hands. They declared this union was very safe and compatible, and a Bill was brought in for the purpose. But when the King had become both blind and insane, and no Regent was yet appointed, Lord Grenville, being no longer First Lord of the Treasury, but Perceval, he suddenly discovered that he could not obey the order of the Treasury for the issues of money to the different services. It was strictly necessary that the Great Seal, or the Privy Seal, or the Sign Manual, should be attached to the Treasury orders, or, failing these, that they should be sanctioned by an express Act of Parliament. As neither Great nor Privy Seal, nor Sign Manual was possible until a regent was appointed, Lord Grenville's conscience would not let him pass the orders of the Treasury, and all payments of army, navy, and civil service were brought to a stand. Perceval, after in vain striving hard to overcome the scruples, or rather the party obstinacy of Grenville, was compelled to go to the House of Parliament, and get the obstacle removed by a resolution of both Houses. The notice of the public being thus turned by Grenville to his holding of this office, and his readiness to unite the two offices in his own person, which his pretended scruples of conscience now invested with so much danger, produced a prejudice against him and his party, which was hostile to their coming into power. Besides this, the Opposition were greatly divided in their notions of foreign policy. Grey and his immediate section of the party felt bound, by their advocacy of Fox's principles, to oppose the war; Grenville and his friends were for a merely defensive war, and for leaving Portugal and Spain, and the other Continental nations, to fight their own battles; whilst Lord Holland, who had travelled in Spain, and was deeply interested in its language and literature, was enthusiastic for the cause of the Peninsula, and the progress which Wellington was making there. It was utterly impossible that, with such divided views, they could make an energetic Ministry at this moment, and it was equally certain that they could not again form an "All the Talents" by coalition with the Conservatives. And, beyond all this, it does not appear that the Regent was anxious to try them. Like all heirs-apparent of the house of Hanover, he had united with the Opposition during his youth, but his friendship appeared now anything but ardent. Sheridan still possessed something of his favour, and the Earl of Moira was high in it; but for the rest, the prince seemed quite as much disposed to take the Tories into his favour; and he, as well as the royal dukes, his brothers, was as much bent on the vigorous prosecution of the war as the Tories themselves. No Ministry which would have carried that on languidly, still less which would have opposed it, would have suited him any more than it would have done his father. The King, too, was not so deeply sunk in his unhappy condition but that he had intervals lucid enough to leave him alive to these questions, and he showed so much anxiety respecting the possible change of the Ministry, and fresh measures regarding the war, that his physicians declared that such a change would plunge him into hopeless madness and probably end his life. The Queen wrote to the prince, saying how much satisfaction his conduct in regard to these matters had given to his father, and he wrote to Mr. Perceval, declaring that this consideration determined him not to change the Ministry at all. At the same time he expressed to the Minister his dissatisfaction with the restrictions which had been imposed upon him. Perceval, even at the risk of offending the prince, justified the conduct of Ministers and Parliament. In this he might be the more bold, as it was clear that there was no longer any danger of a Whig Government.Encouraged by language like this from Ministers of the Crown, the voice of the nation became louder and more menacing every day. Meetings, attended by vast multitudes of angry and determined men, were held in Liverpool, Glasgow, Edinburgh, and most of the large towns, especially where the democratic element was predominant. The worst and most destructive of the riots was at Bristol. The recorder of Bristol was Sir Charles Wetherell, noted for his vehemence in opposing Reform. Considering the excitement and desperation that had been recently exhibited throughout the kingdom, it was scarcely prudent for Sir Charles Wetherell to appear in Bristol at all on that occasion. At all events, he should have entered the city privately, and discharged the duties of his office as quietly as possible. Instead of that, he made a public and pompous entry into the city on the 20th of October, accompanied by the magistrates and a cavalcade of the Tory gentry. This offensive pageant was naturally followed by a mob of disorderly characters, hissing and groaning. They soon began to throw stones and brickbats, especially when the respectable citizens at the commercial rooms received their polemical recorder with three cheers. The mansion-house was assailed with a shower of missiles. The mayor having called upon them in vain to retire, the Riot Act was read, but the military were not called out to enforce it. Instead of dispersing, the mob overpowered the constables and drove them back, forced open the doors of the mansion-house, smashed the furniture, and armed themselves with the iron rails which they tore up from the front of the building. Sir Charles Wetherell and the magistrates providentially escaped by a back door, and the recorder made an undignified retreat from the city. The military were at length called out, and after some time the disturbance seemed to be quelled, and the dragoons, who had been much fatigued, retired for the night. Bristol, it is said, has always been distinguished for a bad mob. On the next day the rioters proceeded to the mansion-house, broke open its cellars, and regaled themselves with the contents. The military were again brought out to quell the now intoxicated rioters; but there was no magistrate there to give orders, and the troops were marched back to the[341] barracks. The mob then proceeded in detached parties, each having a work of destruction assigned to it. One party went to the bridewell, broke open the doors, liberated the prisoners, and then set the building on fire. Another went to the new gaol and performed a similar operation there. The Gloucester county prison was next broken open and consigned to the flames. The principal toll-houses about the city shared the same fate. The bishop's palace was pillaged and burned to the ground. Becoming more maddened as they proceeded, their passions raging more furiously at the sight of the conflagration as it spread, the mob resolved that no public building should be left standing. The mansion-house, the custom-house, the excise office, and other public buildings were wrapt in flames, which were seen bursting forth with awful rapidity on every side. The blackened and smoking walls of buildings already burned were falling frequently with terrific crashing, while Queen's Square and the adjoining streets were filled with a maniacal multitude, yelling in triumph and reeling with intoxication; many of them lying senseless on the pavement, and not a few consumed in the fires which they had raised. In addition to the public buildings, forty-two dwelling-houses and warehouses were burned. The loss of property was estimated at half a million sterling. This work of destruction was commenced on Sunday, and carried on during the night. The sky was reddened with the conflagration, while the military (who had been sent into the country to avoid irritating the people) and the paralysed authorities looked on helplessly from a distance at the progress of destruction. On Monday morning, however, they recovered from their consternation, and resolved to make an effort to save the city. The magistrates ordered the military to act, and under the command of an officer of the 14th, the dragoons charged the rioters in earnest. A panic now seized the mob, who fled in terror before the flashing swords of the troops and the trampling hoofs of their horses, some of them so terror-stricken that they rushed for safety into burning houses. The number of persons killed and wounded during this terrible[342] business was ascertained to be 110, and it is supposed that many more that were never heard of lost their lives in the burning houses. 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