ONE: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.On the 1st of December the army resumed its march. They immediately found the effect of Cumberland's presence at Lichfield: they had to ford the Mersey near Stockport, and to carry the baggage and artillery over a rude wooden bridge, consisting of the trunks of trees thrown across, at Chorlton. That evening they reached Macclesfield. Lord George pushed on with his division to Congleton, whence he sent on Colonel[101] Kerr, who routed a small body of the Duke of Kingston's horse, and drove them towards Newcastle-under-Lyme. Kerr seized Captain Weir, well known as one of Cumberland's principal spies, and, by threatening him with the gallows, drew from him the particulars of the duke's numbers and position. It appeared that the duke was under the impression that the prince was directing his march towards Wales to join his partisans there, and having encouraged this notion by this advance, and led the duke to proceed as far as Stone, Lord George suddenly altered his route, and got to Ashbourne, and thence to Derby, thus throwing the road to London quite open, and being two or three days' march in advance of the duke. Charles entered Derby the same day, the 4th of December, and took up his quarters at a house belonging to the Earl of Exeter, at the bottom of Full Street.
TWO:The king, who had set out on his long-premeditated visit to Ireland, leaving his wife on her death-bed, was already at Holyhead when he received the tidings of her decease. From that port Lord Londonderry wrote a note to the Lord Chancellor, in which he said, "I add this private note to the letter which the king has directed me to write, to say that his Majesty is quite well, and has evinced, since the intelligence of the queen's death was received, every disposition to conform to such arrangements and observances as might be deemed most becoming upon an occasion which cannot be regarded in any other light than as the greatest of all possible deliverances, both to his Majesty and to the country. The king feels assured that the events to which my letters refer, once in your hands, will be sifted to the bottom and wisely decided; and to the advice he may receive there will be every disposition on his Majesty's part to conform; but where papers[217] connected with his daughter, as well as other branches of his family, are in question, your lordship will estimate the deep interest the king takes in your giving the whole your best consideration."Thereupon a period of the utmost suspense ensued. The British Cabinet was of very divided mind; there was a strong peace party, headed by Lord Holland and Lord Clarendon, with which Lord John Russell, after much hesitation, eventually threw in his lot. Again and again he threatened resignation, and it needed all the diplomacy of the Prime Minister and the strong remonstrances of the Queen to induce him to remain at his post. Even more serious was the attitude of the French Government. M. Thiers, who had become Prime Minister in March, was furious at the humiliation to which his predecessors' shilly-shally had exposed his country. He blustered about going to war, talked about increasing the fleet and calling out the reserves, and tried to persuade the British ambassador, Sir Henry Bulwer, that the king, his master, was even more bloodthirsty than himself. All in vain; Lord Palmerston had taken the measure of his opponents. He knew that, though Thiers might mean fighting, Louis Philippe had no such intention; he knew, too, that the Pasha, whom the world thought to be invincible, was a mere man of straw. His opinion was justified by the easy success of the joint British, Austrian, and Turkish squadron. Beyrout fell early in September, Saida, the ancient Sidon, surrendered before the end of the month, and on the 3rd of[476] November Commodore Napier reduced to ruins, after a bombardment of only three hours, Acre, the fortress hitherto held to be impregnable, from which even Napoleon had turned away in despair. The fall of Acre settled, for the time being, the Eastern question. Already Louis Philippe had seen the necessity of abandoning words which were not to be followed by deeds. He had refused to countenance the bellicose speech from the throne with which M. Thiers proposed to open the Chambers in October; that Minister had in consequence resigned, and had been succeeded by Marshal Soult with M. Guizot as his Foreign Minister. Still Lord Palmerston refused to readmit France to the European concert until the Egyptian resistance was at an end. However, his more pacific colleagues induced him to allow the French Government to take part in the diplomatic discussion, which led to the ultimate settlement of the crisis in the following July. By that treaty the independence of the Porte was guaranteed by a provision that the Bosphorus and Dardanelles should be closed to ships of war of all Powers in time of peace, while the Pasha was punished for his contumacy by being compelled to surrender the whole of Syria, retaining by way of compensation the hereditary possession of Egypt.
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