THREE:Here the Americans assert that when the minute-men did not retire on the first order, the English fired on them and killed eight of them. The English, on the other hand, declare that the Americans, in retiring, no sooner reached the shelter of a wall than they fired on the British; that the firing came also from some adjoining houses, and shot one man, and wounded Major Pitcairn's horse in two places; that then the English were ordered to fire, that they killed several, wounded others, and put the body, about a hundred in number, to flight. By this time the alarm had spread, the minute-men came running from all places, and as the English, having executed their commission, began to retire, the Americans shouted, "The lobsters run!" The minute-men now rushed over the bridge after them, and firing from behind trees and walls, killed a considerable number of them. The Americansexcellent shots with their riflescould only be seen by the smoke of these rifles, and the English, tired with their long night march, instead of halting to hunt them out, kept on their way towards Lexington. The whole march was of this description: the English, unable to get a good shot at their enemies, the minute-men pressing on their rear, still sheltered by trees and walls. The result would have been more disastrous had not General Gage sent on to Lexington another detachment of foot and marines, consisting of about sixteen companies, under command of Lord Percy. In this first bloodshed between the colonists and the mother country, the British found they had lost sixty killed, forty-nine missing, and one hundred and thirty-six wounded.[218] The Americans admitted that they had a loss of sixty, of whom two-thirds were killed.Henry Hallam, who died in 1859, occupies a higher ground than Lingard, having no party interests to serve, and having a mind singularly free from prejudice, as well as a conscientious regard for truth in his records and judgments; while his clear, impressive, and graceful style invests dry details with interest. His "View of the State of Europe during the Middle Ages," a work of great learning and value, was followed, in 1827, by his "Constitutional History of England;" and ten years later he published, in four volumes, an "Introduction to the Literature of Europe in the Fourteenth, Fifteenth, and Sixteenth Centuries." This is his greatest work, and in point of learning and utility and purity of style it may be regarded as one of the greatest in the English language. These works placed Mr. Hallam, by general consent, at the head of contemporary historians.
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 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.
$150
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