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TWO:Such are the elements which constituted the nucleus of that great nation which has been growing up under the British sceptre in North America. The French and Roman Catholic portions of the community could be most easily excited to disaffection against their Protestant governors, and in 1834 the irritation of the popular mind, supposed to be chiefly the work of the clergy, had risen to such a height that the Home Government thought it prudent to recall the Governor, Lord Aylmer, supposing his administration to be the cause of it. Sir Robert Peel appointed Lord Amherst as his successor. In one respect he was not the best that could be selected; for though his antecedents and experience were sufficient to warrant the appointment, the name must have been obnoxious to the priests and people of Lower Canada, as it was by the arms of his uncle, whose title he inherited, that the province had been wrested from France. He had been at one time ambassador to China, and subsequently Governor-General of India. He had, however, no opportunity of testing his administrative abilities in this new field, for after the fall of Peel the Melbourne Government determined on associating him with two Commissioners. Lord Melbourne thereupon sent out the Earl of Gosford as Governor, with a Board of Commissioners, of which he was chairman, to inquire into the grievances by which the colony was agitated. The Government having refused to sanction a Bill that had been brought into the Lower House of Assembly for the purpose of rendering the Upper House elective, the Lower House had recourse to the extreme proceeding of stopping the supplies. The salaries of all the public servants ceased to be paid, in consequence of which the Colonial Secretary authorised the Governor to advance ��31,000 from the military chest to meet the emergency. The Governor having required time to consider the answer he should give in these circumstances, the Opposition members all withdrew; and they were so numerous that they did not leave a quorum to carry on the public business.When peace was made in Europe, the United States became anxious for peace too. Madison had begun the war in the ungenerous hope of wresting Canada from Great Britain, because he thought her too deeply engaged in the gigantic war against Napoleon to be able to defend that colony. He believed that it would fall an easy prey; that the Canadians must so greatly admire the model republic that they would abandon monarchy at the first call, and that he should thus have the glory of absorbing that great world of the north into the American Republic. In all this, he and those who thought with him found themselves egregiously deceived. The Canadians showed they were staunchly attached to Great Britain, and the attempts at invasion were beaten back by the native militia and by our handful of troops with the greatest ease. Meanwhile, the blockade of the east, and the seizure of the merchant shipping, drove the New England and other eastern States to desperation. Throughout this war Great Britain made a uniform declaration of a preference for peace, but her offers were regularly rejected so long as Napoleon was triumphant. The United States, professing the utmost love of freedom, were the blind and enthusiastic worshippers of the man who was trampling the liberties of all Europe under his feet. It was not till the last moment��not till he had been defeated in Russia, driven by Britain out of Spain, routed and pursued out of Germany, and compelled to renounce the Imperial Crown of France��that the American Government began to understand the formidable character of the Power which it had so long and so insolently provoked, and to fear the whole weight of its resentment directed against its shores. It is certain that, had Britain been animated by a spirit of vengeance, it had now the opportunity, by sending strong fleets and a powerful army to the coast of America, to ravage her seaboard towns, and so utterly annihilate her trade as to reduce her to the utmost misery, and to precipitate a most disastrous system of internal disintegration. The New England States, in 1814, not only threatened to secede, but stoutly declared that they would not furnish another shilling towards paying the expenses of the war. They even intimated an idea of making a separate peace with Britain. In Massachusetts especially these[114] menaces were vehement. Governor Strong spoke out plainly in the Legislative Chamber of that State. Madison endeavoured to mollify this spirit by abandoning his Embargo and Emancipation Acts, but this was now too late, for the strict blockade of the British, in 1814, rendered these Acts perfectly dead.

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 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.