THREE: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.
THREE:
THREE:Mr. O'Connell rose to address the people in reply. It was manifest that he considered great exertion to be requisite in order to do away with the impression which his antagonist had produced. It was clear, to those who were acquainted with the workings of his physiognomy, that he was collecting all his might. Mr. O'Connell bore Mr. Fitzgerald no sort of personal aversion, but he determined, in this exigency, to have little mercy on his feelings, and to employ all the power of vituperation of which he was possessed against him. "This," remarks Mr. Sheil, "was absolutely necessary; for if more dexterous fencing had been resorted to by Mr. O'Connell, many might have gone away with the opinion that, after all, Mr. Fitzgerald had been thanklessly treated by the Catholic body. It was, therefore, disagreeably requisite to render him for the moment odious. Mr. O'Connell began by awakening the passions of the multitude in an attack on Mr. Fitzgerald's allies. Mr. Gore had lauded him highly. This Mr. Gore is of Cromwellian descent, and the people detest the memory of the Protector to this day. There is a tradition (I know not whether it has the least foundation) that the ancestor of this gentleman's family was a nailer by trade in the Puritan army. Mr. O'Connell, without any direct reference to the fact, used a set of metaphors, such as 'striking the nail on the head,' 'putting a nail into a coffin,' which at once recalled the associations which were attached to the name of Mr. Gore, and roars of laughter assailed that gentleman on every side. Mr. Gore has the character of being not only very opulent, but of bearing regard to his possessions proportionate to their extent. Nothing is so unpopular as prudence in Ireland; and Mr. O'Connell rallied Mr. Gore to such a point upon this head, and that of his supposed origin, that the latter completely sank under the attack. He next proceeded to Mr. Fitzgerald, and having thrown in a picture of the late Mr. Perceval, he turned round, and asked of the rival candidate with what face he could call himself their friend, when the first act of his political life was to enlist himself under the banners of 'the bloody Perceval'? This violent epithet was sent into the hearts of the people with a force of expression and a furious vehemence of will that created a great sensation amongst the crowd, and turned the tide against Mr. Fitzgerald."
TWO:Mr. Baring, who represented the Duke in the House of Commons, seemed to regard this declaration from the high-minded member for Oxford University as fatal to the Tory scheme for recovering power. They came at length to understand that the new Premier would be equally unacceptable to the country, whether he appeared with a Reform Bill or a gagging Bill. Both Baring and Sutton, the late Speaker, sent in their resignations. The Duke at length confessed that he had failed in his attempt to form an Administration; and the king had no other resource but to submit to the humiliation of again putting himself in the hands of his late Ministers. He had before him only the terrible alternative of a creation of peers or civil war. Earl Grey was determined not to resume office, "except with a sufficient security that he would possess the power of passing the present Bill unimpaired in its principles and its essential provisions." The consequence was, that on the 17th of May the following circular was sent to the hostile Lords by Sir Henry Taylor:"My dear lord, I am honoured with his Majesty's commands to acquaint your lordship that all difficulties to the arrangements in progress will be obviated by a declaration in the House of Peers to-night from a sufficient number of peers, that in consequence of the present state of affairs they have come to the resolution of dropping their further opposition to the Reform Bill, so that it may pass without delay as nearly as possible in its present shape." Wellington, as usual, obeyed and withdrew from the House, but his seceding comrades prefaced their departure by defiant speeches in which they reserved to themselves the right of resuming their position. Then the Cabinet insisted on obtaining the royal[352] consent to an unlimited creation; and it was given on condition that they, in the first instance, called to the House of Lords the eldest sons of peers or the collateral heirs of childless noblemen. But Sir Henry Taylor's circular had done its work, and the extreme step was unnecessary.
TWO:The time for the last grand conflict for the recovery of their forfeited throne in Great Britain by the Stuarts was come. The Pretender had grown old and cautious, but the young prince, Charles Edward, who had been permitted by his father, and encouraged by France, to attempt this great object in 1744, had not at all abated his enthusiasm for it, though Providence had appeared to fight against him, and France, after the failure of Dunkirk, had seemed to abandon the design altogether. When he received the news of the battle of Fontenoy he was at the Chateau de Navarre, near Evreux, the seat of his attached friend, the young Duke de Bouillon. He wrote to Murray of Broughton to announce his determination to attempt the enterprise at all hazards. He had been assured by Murray himself that his friends in Scotland discountenanced any rising unless six thousand men and ten thousand stand of arms could be brought over; and that, without these, they would not even engage to join him. The announcement, therefore, that he was coming threw the friends of the old dynasty in Scotland into the greatest alarm. All but the Duke of Perth condemned the enterprise in the strongest terms, and wrote letters to induce him to postpone his voyage. But these remonstrances arrived too late; if, indeed, they would have had any effect had they reached him earlier. Charles Edward had lost no time in making his preparations.