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THREE:But, in spite of the importance of these measures, there was one question which engrossed the attention of both parliament and the public far more than any other. This was the demand by Burke for the impeachment of Warren Hastings, late Governor-General of Bengal, for high crimes and misdemeanours there alleged to have been by him committed. It therefore becomes necessary at this point to resume our narrative of Indian affairs from the year 1760, which our connected view of the events of the American war necessarily suspended.Rt. Hon. J. Toler, a peerage and chief justiceship.

THREE:The British Ministry was at length becoming aware of the mischief of allowing the Empress of Russia to make continual inroads on the Turkish Empire. The British Ambassador, Mr. Fawkener, had been instructed to inform Catherine that Britain could not quietly acquiesce in these usurpations, which were seriously disturbing the balance of power in Europe. Catherine replied, haughtily, that she did not recognise the right of Britain to interfere, and that she should keep possession of Oczakoff, and all her conquests between the Bug and the Dniester. On the 28th of March Pitt communicated this answer to the House, in a message from his Majesty, and that he had deemed it necessary to come to an understanding with his allies, Prussia and Austria, on the subject, and to maintain the fleet in its augmented condition. He moved, the next day, an address to his Majesty, thanking him for his care in these respects. The Whigs, almost to a man, condemned this policy. Coke of Norfolk, Lord Wycombe, Mr. Lambton, afterwards Earl of Durham, and others, stoutly opposed it. Fox treated the idea of Russia having become a power formidable to the peace of Europe as ludicrous. Both he and Burke contended that there was nothing in the aggressions of Russia to occasion any alarm; that Turkey was a decaying nation, which it was useless to attempt to support; and that to bolster it up was only to maintain a barbarous people in domination over Christian populations. Fox upbraided the Government with their folly and inconsistency, if such were their fears of Russia, in having till recently encouraged her in her plan of aggressions in that direction. He reminded them that, twenty years ago, Great Britain, on war breaking out between Russia and the Porte, had aided Catherine in sending a fleet to the Mediterranean, and had thus enabled her to acquire a maritime force in the Black Sea. The truth, however, was that it was not the present Ministry that had committed this folly, but a Whig Ministry, of which Fox was one. He confessed to this, and also to the fact that in 1782, when Catherine seized more completely on the Crimea and Kuban Tartary, France and Spain had urged us to unite with them in preventing this, but that we had declined, and these countries had become permanently united to Russia. Now all this was, in truth, a simple confession of the incapacity of the Whigs, and of Fox himself included, to see the dangerous tendency of the Russian policy, and the only circumstance on which he could justly condemn the Ministry of Pitt was for not strenuously supporting Turkey and Sweden, the ally of Turkey against Russia, when they did see this tendency. By mean and parsimonious conduct they had allowed Sweden to be driven out of her territories on the eastern shore of the Baltic by Russia, when, had they given her but moderate support, that Power would have become a permanent check on the aggressive spirit of Russia. The motion of Pitt was carried by a large majority. A few days afterwards Mr. Grey renewed the subject in a series of resolutions, condemning all interference on behalf of Turkey, and contending that Russia was only weakening instead of strengthening herself by extending her dominions. But Pitt, in reply, showed the very obvious facts that the retention of Oczakoff opened the way to Constantinople, and that the possession of Constantinople prepared the way for the seizure of Egypt, and the supremacy of the Mediterranean, with the most formidable consequences to our commerce. The resolutions of Grey were negatived; but twice again during the session the Whigs returned to the charge��on the 15th of April and on the 25th of May,��but with no better success. The armament was maintained, but the isolated threats of England had little effect on Catherine. Pitt was accordingly compelled to change his policy, and acquiesce in a peace by which she retained the territory between the Bug and the Dniester, and the fortress of Oczakoff.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.

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