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THREE:So that evening when all the garrison was upon its front porches and the sidewalk, the major and the lieutenant went down the line to Landor's quarters. And their example was followed. But some hung back, and constraint was in the air. FORE:The report was agreed to, the impeachment was voted, and Burke, attended by the majority of the House, on the 10th of May, carried it up to the Lords. On the motion of Burke, Warren Hastings was then taken into custody, and delivered over to the Lords, who bound him to appear to take his trial, when called upon, in a bond of twenty thousand pounds himself, and Messrs. Sullivan and Sumner as his sureties in ten thousand pounds each.

THREE:Hastings then mustered fresh regiments of sepoys; demanded and received three battalions from Cheyte Sing, the Rajah of Benares; armed cruisers; laid up stores of ammunition and provisions for three months in Fort William; enrolled a thousand European militia at Calcutta, and stood ready for any French invasion from sea. He then despatched Colonel Leslie with a strong force into the very heart of the Mahratta country. Leslie appeared to have lost his energy, made four months' delay in the plains of Bundelcund, and the next news was that he was dead. Colonel Goddard was sent to take his command, and advanced into Berar; but there hearing that successive revolutions were taking place at Poonah, he waited the result of them. Meanwhile, the presidency of Bombay, desirous of anticipating the expeditions from Calcutta, now undertook to reinstate Ragunath Rao, a deposed peishwa, whom they had lately left to his fate, and taking him along with him, the British commander, Colonel Egerton, marched into the Mahratta country with four thousand men. The army, when it had reached within sixteen miles of Poonah, was surrounded by hosts of Mahratta cavalry, and was compelled to surrender. The Mahrattas, as conditions��which the British were in no position to decline��insisted on the restoration of all the territory won from them by the British since 1756, and the surrender to them of Ragunath Rao. But Hastings refused to recognise this treaty. He ordered Colonel Goddard to advance. The title of general was conferred on him, and he well justified the promotion. In that and the succeeding campaign he won victory on victory; stormed Ahmedabad; took the city of Bassein; gained a splendid victory over forty thousand of the combined forces of Holkar and Scindia, and, in a great measure, retrieved all the losses, and restored the fame of the British arms. In another quarter the success against the Mahrattas was equally decisive. Captain Popham with a small body of troops stormed and took the city of Lahore, and the huge fortress of[330] Gwalior, which the Mahrattas deemed impregnable. FORE:Almost immediately on the meeting of the House of Commons, Welbore Ellis demanded whether a return had been made for Westminster, and being answered in the negative, moved that Mr. Corbett, the high bailiff, with his assessor, should attend the House; and the next day, February 2nd, Colonel Fitzpatrick presented a petition from the electors of Westminster, complaining that they were not legally and duly represented. In fact, the scrutiny had now been going on for eight months, and as not even two of the seven parishes of Westminster were yet scrutinised, it was calculated that, at this rate, the whole process would require three years, and the city would, therefore, remain as long unrepresented. The high bailiff stated that the examinations, cross-examinations, and arguments of counsel were so long, that he saw no prospect of a speedy conclusion; and Mr. Murphy, his assessor, gave evidence that each vote was tried with as much[310] form and prolixity as any cause in Westminster Hall; that counsel��and this applied to both sides��claimed a right to make five speeches on one vote; and that propositions had been put in on the part of Sir Cecil Wray to shorten the proceedings, but objected to on the part of Mr. Fox.

THREE: FORE: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 Bills��one 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.He handed it over also.