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.To insure a powerful diversion, the Sultan had engaged the military co-operation of Sweden. Sweden had been forcibly deprived of Finland by Peter the Great, and she longed to recover it. She had a brave army, but no money. The Grand Turk, to enable her to commence the enterprise, had sent her a present of about four hundred thousand pounds sterling. Sweden put her fleet in preparation in all haste, and had Pitt merely allowed the Russian fleet to quit the Baltic, there was nothing to prevent the execution of the Swedish design on Finland, nor, indeed, of marching directly on St. Petersburg in the absence of the army.
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THREE:The tidings of this disaster roused the people of England to a pitch of desperation. The Ministers were condemned for their gross neglect and imbecile procrastination, and Byng was execrated as a coward and a traitor. Meanwhile, the most culpable man of all, Newcastle, was trembling with terror, and endeavouring to find a scapegoat somewhere. Fox was equally trembling, lest Newcastle should make that scapegoat of him. He declared to Dodington that he had urged Newcastle to send succour to Minorca as early as Christmas, and that Cumberland had joined him in urging this, to no purpose. He asserted that Newcastle ought to answer for it. "Yes," replied Dodington, "unless he can find some one to make a scapegoat of." This was the very fear that was haunting Fox, and he hastened, in October, to the king, and resigned the seals. This was a severe blow to Newcastle, and he immediately thought of Murray to succeed him; but, unfortunately, Sir Dudley Ryder, the Lord Chief Justice, just then having died, Murray had fixed his ambition on occupying his seat on the bench. They were obliged to give it to him, with the title[123] of Mansfield, or make a mortal enemy of him. Newcastle then thought of conciliating Pitt. Pitt refused to belong to any Ministry at all in which Newcastle remained. Newcastle, in his perplexity, next tried Lord Egmont, and even old Granville, but both declined the honour; and not a man being to be found who would serve under him, he was compelled most reluctantly to resign. He had certainly presided over the destinies of the nation far too long.- Lorem ipsum dolor sit amet, consectetur adipiscing elit. Lorem ipsum dolor sit amet, consectetur adipiscing elit.
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