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.The Emperor Joseph of Austria had returned from the campaign of 1788 against Turkey greatly chagrined, and with fast-failing health. Had he been wise, he would have accepted the overtures for peace made to him by the Sultan, and have spent the few remaining days of his existence in tranquillity. But his ambitious and persuasive ally, Catherine, prevailed upon him to make another effort. He mustered fresh troops. A hundred and fifty thousand men were marched against the Turkish frontier, early in the year of 1789, in different divisions. It was a circumstance very much in their favour that the able Sultan, Abdul Hamid, died suddenly in April, and was succeeded by his nephew, Selim, a young, rash, and unprincipled man. The acts of Selim, in murdering and dismissing his father's best ministers and commanders, and the unruly condition of the janissaries, rendered Turkey especially open to the attacks of its enemies. Marshal Laudohn, supporting his earlier fame, took the fortress of Gradiska, and stormed Belgrade. But this was not accomplished till the 8th of October, and an attempt was then made to reduce Orsova, but this failed. Coburg and Suvaroff having joined, won a great victory over the new Vizier, Martinitzi, in Wallachia, on the 22nd of September, and the remains of the Turkish army retired to the pass of Shumla, on the Balkan mountains. Potemkin, on his part, had greatly increased his forces after the reduction of Oczakoff, and after a desperate resistance took Bender, famous as the abode of Charles XII. of Sweden, after the battle of Pultawa. Before winter, the Russians had made decided progress in their inroads into the Turkish dominions on the Black Sea. They had gained possession of Akerman, at the mouth of the Dniester; of Keglia Nova, on the northern banks of the Danube, and of other places on the Black Sea. They had also extended their frontier to the left bank of the Danube, and they had actually reduced every important place between the Bug and Dniester and that river. Had Catherine had a sufficient fleet in the Black Sea, Constantinople might have trembled for its safety.
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