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[Secret.] "Colonial Office, November 2, 1845.

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ONE: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:But a very different spirit displayed itself in America on the arrival of the news of the passing of the Act. Franklin's friend, Thompson, replied to him, that, instead of lighting candles, there would be works of darkness. The rage of the American public burst forth in unequivocal vigour. At New York, the odious Stamp Act was represented surmounted with a death's head instead of the royal arms, and was hawked through the streets with the title of "the folly of England and the ruin of America." At Boston the colours of the shipping were lowered half-mast high, and the bells of the city were muffled and tolled funeral knells. Everywhere there was a frenzied excitement, and the provincial Assemblies resounded with the clamour of indignant patriotism. It was the fortune of that of Virginia to give the leading idea of union and co-operative resistance, which led to the grand conflict, and to eventual victory over the infatuated mother country. There Patrick Henry, a very different man to Franklin, started up, and kindled by his fiery breath the torch of confederate resistance. But it was at once seen that, to acquire their full weight, the colonies must unite. Speeches, pamphlets, articles in newspapers, all called for co-operation. A print was published exhibiting a snake cut into a number of pieces, each piece inscribed with the name of a colony, and with the motto, "Join or die." In consequence, several of the states sent representatives to a general congress, to be held at New York in the month of October, to take measures for a general resistance to the Stamp Act.

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THREE:The age was remarkably prolific in female poets and novelists, some of whom have taken as high a rank in literature as their sex have done in any age. Lady Blessington and Lady Morgan were not young at the death of George III., but many[438] of their most celebrated works were published during the two subsequent reigns. The former, soon after the death of Lord Blessington in 1829, fixed her residence in London at Gore House, which became the centre of attraction for men of talent and distinction in every department. Even great statesmen and Ministers of the Crown sometimes spent their evenings in her circle, which was then unrivalled in London for the combined charms of beauty, wit, and brilliant conversation; and besides, all the celebrities and lions of London were sure to be met there. The ambiguous attachment that so long subsisted between her and Count D'Orsay, one of the most accomplished men of the age, however, excluded Lady Blessington from the best society. The heavy expenses of her establishment compelled her to work hard with her pen, and she produced a number of works, which were in great demand in the circulating libraries of the day. They are no longer read. Debt at length broke up the establishment at Gore House, and all its precious collections passed under the hammer of the auctioneer, to satisfy inexorable creditors. Lady Blessington removed to Paris, where she lived in retirement for some years, and died in 1849. Lady Morgan (Sydney Owenson) was before the country as an author for nearly half a century. She was born in Dublin, in 1783, and died in 1859. Before she was sixteen years of age she was the author of two novels. Her third work, "The Wild Irish Girl," brought to her the fame for which she longed, and made her a celebrity. In 1811 she married Sir Charles Morgan, a Dublin physician. Her principal works as a novelist were "Patriotic Sketches," "O'Donnell," "Florence M'Carthy," and "The O'Briens and O'Flahertys," which was published in 1827.

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TWO:The first indictment was preferred against James Tytler, a chemist, of Edinburgh, for having published an address to the people, complaining of the mass of the people being wholly unrepresented, and, in consequence, being robbed and enslaved; demanding universal suffrage, and advising folk to refuse to pay taxes till this reform was granted. However strange such a charge would appear now, when the truth of it has long been admitted, it was then held by Government and the magistracy as next to high treason. Tytler did not venture to appear, and his bail, two booksellers, were compelled to pay the amount of his bond and penalty, six hundred merks Scots. He himself was outlawed, and his goods were sold. Three days afterwards, namely, on the 8th of January, 1793, John Morton, a printer's apprentice, and John Anderson and Malcolm Craig, journeymen printers, were put upon their trial for more questionable conduct. They were charged with endeavouring to seduce the soldiers in the castle of Edinburgh from their duty, urging them to drink, as a toast, "George the Third and Last, and Damnation to all Crowned Heads;" and with attempting to persuade them to join the "Society of the Friends of the People," or a "Club of Equality and Freedom." They were condemned to nine months' imprisonment, and to give security in one thousand merks Scots for their good behaviour for three years. Next came the trials of William Stewart, merchant, and John Elder, bookseller, of Edinburgh, for writing and publishing a pamphlet on the "Rights of Man and the Origin of Government." Stewart absconded, and the proceedings were dropped against the bookseller. To these succeeded a number of similar trials, amongst them those of James Smith, John Mennings, James Callender, Walter Berry, and James Robinson, of Edinburgh, tradesmen of various descriptions, on the charges of corresponding with Reform societies, or advocating the representation of the people, full and equal rights, and declaring the then Constitution a conspiracy of the rich against the poor. One or two absented themselves, and were outlawed; the rest were imprisoned in different towns. These violent proceedings against poor men, merely for demanding reforms only too[427] much needed, excited but little attention; but now a more conspicuous class was aimed at, and the outrageously arbitrary proceedings at once excited public attention, and, on the part of reformers, intense indignation.

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THREE:The year 1824 is memorable in Ireland for the establishment of the Catholic Association. The Catholic question had lain dormant since the union. Ireland remained in a state of political stupor. There was a Catholic committee, indeed, under the direction of a gentleman of property, Mr. John Keogh, of Mount Jerome, near Dublin. But his voice was feeble, and seldom heard. The councils of the Roman Catholics were much distracted. Many of the bishops, and most of the gentry, recommended prudence and patience as the best policy. Liberal statesmen in England were willing to make concessions, but the conscientious scruples of George III. had presented an insuperable barrier in the way of civil equality. There was an annual motion on the subjectfirst by Grattan, then by Plunket, and lastly by Burdett; but it attracted very little attention, till the formidable power of the Catholic Association excited general alarm for the stability of British institutions. Adverting to the past history of Irelandher geographical position, her social state in respect of the tenure of property, and the numbers of the respective religious denominations of her peoplethe ablest Conservative statesmen considered that it would be extremely difficult to reconcile the perfect equality of civil privilege, or rather the bona fide practical application of that principle, with those objects on the inviolable maintenance of which the friends and opponents of Catholic Emancipation were completely agreednamely, the Legislative union and the Established Church. There was the danger of abolishing tests which had been established for the express purpose of giving to the legislature a Protestant charactertests which had been established not upon vague constitutional theories, but after practical experience of the evils which had been inflicted and the dangers which had been incurred by the struggles for ascendency at periods not remote from the present. There was the danger that the removal of civil disabilities might materially alter the relations in which the Roman Catholics[249] stood to the State. Sir Robert Peel, in his "Memoirs," recites those difficulties at length, and in all their force. He fully admits that "the Protestant interest" had an especial claim upon his devotion and his faithful service, from the part which he had uniformly taken on the Catholic question, from the confidence reposed in him on that account, and from his position in Parliament as the representative of the University of Oxford.

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TWO:THE FRENCH REVOLUTION: COSTUME OF LADY OF THE PERIOD.

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TWO:But Austria had not the prudence to guide herself by these considerations. Her ablest statesman, Metternich, and the ablest statesman of France, Talleyrand, had many private conferences with the Russian ambassador, Romanzoff, to endeavour to concert some scheme by which this war could be prevented, but in vain. Austria believed that the time for regaining her position in Germany, Italy, and the Tyrol, was come; and Talleyrand knew that Buonaparte would make no concession to avoid the threatened collision, because it would argue at once a decline of his power. All that he could do, he did, which was on his hasty return to Paris from Spain: he opened communications with Austria, intended to defer the declaration of war for a few months whilst he made his preparations. He had little fear of crushing Austria summarily. He believed that Soult, having driven Sir John Moore out of Spain, would prevent the British from sending[587] another army there; and he was confident that his generals there could speedily reduce the Spaniards to submission. On the other hand, Austria, he knew, could have no assistance from Russia, Prussia, or the other Northern Powers. All he wanted, therefore, was a little time to collect his armies. Austria had made gigantic exertions, and had now on foot a greater host than she had ever brought into the field before. It was said to comprehend half a million of men, two hundred thousand of whom were under the command of the Emperor's brother, the Archduke Charles, and posted in Austria to defend the main body of the empire. Another large army was, under the command of the Archduke John, in Carinthia and Carniola, ready to descend on the north of Italy; and a third was posted in Galicia, under the Archduke Ferdinand, to defend Poland. John was to co-operate with Charles through the defiles of the Tyrol, which, having been given over, by the pressure of Buonaparte at the Treaty of Pressburg, to Bavaria, was ready to rise and renew its ancient and devoted union with Austria.As a means of popularity, they insisted on the standing army being abolished in time of peace, on the strict limitation of placemen in Parliament, and on the return to triennial Parliaments. These were hard topics for the patriots now in power to digest. But the depression of trade continued, and no one could suggest a remedy but that of reducing taxation at the very time that all parties were zealous for the prosecution of the war. Finding no other solution to their difficulties, the public turned again to the demand of an inquiry into the administration of Walpole, hoping to lay bare in that the causes of their sufferings. Accordingly Lord Limerick, on the 23rd of March, rose and proposed a committee to inquire into the administration of Walpole, not for twenty, but for the last ten years. Pulteney not only voted, but spoke in favour of this motion, and it was carried by a majority of seven. Lord Limerick was chosen chairman, and such was the partial and vindictive spirit in which they went to work in examining papers and witnesses, that the honourable-minded Sir John Barnard, though so staunch an opponent of Walpole when in power, declared that he would no longer take part in the labours of a committee which displayed so little regard to the general inquiry, but concentrated all their efforts on the ruin of one individual.$69/m
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The same day it was carried by the Home Secretary to the House of Lords, accompanied by an unusual number of members. In introducing the measure in the Upper House the Duke of Wellington spoke with great force, and with all the directness and simplicity for which he was remarkable. One memorable passage deserves to be recorded in this history:"It has been my fortune," said the Duke, "to have seen much of[297] warmore than most men. I have been constantly engaged in the active duties of the military profession from boyhood until I have grown grey. My life has been passed in familiarity with scenes of death and human suffering. Circumstances have placed me in countries where the war was internalbetween opposite parties in the same nation; and rather than a country I loved should be visited with the calamities which I have seenwith the unutterable horrors of civil warI would run any risk, I would make any sacrifice, I would freely lay down my life. There is nothing which destroys property and prosperity as civil war does. By it the hand of man is raised against his neighbour, against his brother, and against his father! The servant betrays his master; and the master ruins his servant. Yet this is the resource to which we must have lookedthese are the means which we must have appliedin order to have put an end to this state of things, if we had not embraced the option of bringing forward the measure for which I hold myself responsible."
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