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Such was the peace abroad and the prosperity of the country at this time, that there occur few events worthy of record. Of those which took place in 1731, the most remarkable was an Act abolishing the use of Latin in all proceedings of the Courts of Justice, and the next the renewal of the charter of the East India Company. If the country was peaceful and prosperous, however, it was neither free from corruption nor from the need of extensive reform. The very system of Walpole which produced such a show of prosperity that an old Scottish Secretary of State asked the Minister what he had done to make the Almighty so much his friend, was built on the most wholesale bribery and corruption. It was, in fact, a purchased domestic peace. In social life the example of the Government produced the like dishonesty. There was a fearful revelation of the proceedings of a charitable corporation for lending small sums of money to the industrious poor at legal interest; and Sir Robert Sutton, the late Ambassador at Paris, was found so deeply implicated in the frauds and extortions practised on those they were employed to benefit, that he was expelled from the House. There was also an inquiry into the state of the public prisons of London, which opened up a most amazing scene of horrors. It was found to be a common practice of the warders to connive at the escape of rich prisoners for a sufficient bribe, and to inflict the most oppressive cruelties on those who were too poor to pay heavy fees.
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In September the Americans in Fort Erie, being strongly reinforced, and elated by their repulse of General Drummond, marched out and made an attack on the British lines. General de Watteville received them with such effect that they rapidly fell back on Fort Erie and, no longer feeling themselves safe even there, they evacuated the fort, demolished its works, and retreated altogether from the shore of Upper Canada. When the news of peace, which had been concluded in December of this year, arrived in the spring, before the commencement of military operationsthough thirty thousand men at a time had invaded the Canadian frontiers, and Hampton, Wilkinson, and Harrison had all been marching in the direction of Kingston and Montreal simultaneously, the British were in possession of their fortress of Niagara, and of Michilimakinac, the key of the Michigan territory; and they had nothing to give in exchange but the defenceless shore of the Detroit. They had totally failed in their grand design on Canada, and had lostin killed, wounded, and prisonersnearly fifty thousand men, besides vast quantities of stores and ammunition. In short, they had incurred an expenditure quite heavy enough to deter them from lightly attacking the Canadas again.[See larger version]At the commencement of the Session a notice of a motion of want of confidence in the Ministry was given by Sir John Yarde Buller. He assigned as reasons for bringing forward the motion the disturbed and unsatisfactory state of the country, which he ascribed to the system of popular agitation, "nurtured and fostered," as he alleged, by the Ministers during the preceding two years. After a debate of four consecutive nights the motion was rejected by 308 votes to 287. The division was fairly satisfactory, and another source of gratification to the Ministry was the passing of the Irish Municipal Bill, which became law in spite of a characteristic protest from Bishop Phillpotts, who regarded the measure "as a deliberate and wilful abandonment of the cause of true religion which had provoked the justice of Almighty God and given too much reason to apprehend the visitation of Divine vengeance for this presumptuous act of national disobedience." In this Session Sir Robert Peel at last terminated the scandals connected with election committees by a plan which authorised the Speaker to appoint a general committee of elections, with the duty of selecting election committees to try each particular[471] case. Sir Francis Baring's Budget was a considerable improvement upon those of his indifferent predecessor, Mr. Spring-Rice, whose careless finance had produced no less than four successive deficits. He acknowledged a deficit of 850,000, and asked for a vote of credit. He further imposed an additional tax of 4d. a gallon on spirits, increased the customs and excise by 5 per cent., and the assessed taxes by 10 per cent.Cumberland was now hunting down the fugitives on all sides. He posted himself at Fort Augustus, which the insurgents had blown up before leaving it, and from that centre he sent out his myrmidons in every direction to hunt out the Highlanders, and shoot them down on the spot or bring them in for execution. Everywhere the unhappy clans were pursued by their hereditary enemies, the Whig clans, especially by the men of Argyllshire, and massacred with the most atrocious cruelty. They stripped their houses and then burned them down, drove away the cattle, and tracking the miserable families into dens and caves, smothered them with burning heather, or thus forced them to rush out upon their bayonets. In all these diabolical proceedings, the Duke of Cumberland and the brutal General Hawley were foremost. "After all," Cumberland (whose wicked work earned him the name of "The Butcher") wrote to the Duke of Newcastle from Fort Augustus, "I am sorry to leave this country in the condition it is in, for all the good that we have done has been a little blood-letting, which has only weakened the madness, but not at all cured it; and I tremble for fear[108] that this vile spot may still be the ruin of this island and our family."[346]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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