ONE:The war of faction still went on furiously. In the Lords there was a violent debate on an address, recommended by Wharton, Cowper, Halifax, and others, on the old subject of removing the Pretender from Lorraine; and they went so far as to recommend that a reward should be offered to any person who should bring the Pretender, dead or alive, to her Majesty. This was so atrocious, considering the relation of the Pretender to the queen, that it was negatived, and another clause, substituting a reward for bringing him to justice should he attempt to land in Great Britain or Ireland. Though in the Commons, as well as in the Lords, it was decided that the Protestant succession was in no danger, an address insisting on the removal of the Pretender from Lorraine was carried. Anne received these addresses in anything but a gratified humour. She observed, in reply, that "it really would be a strengthening to the succession of the House of Hanover, if an end were put to these groundless fears and jealousies which had been so industriously promoted. I do not," she said, "at this time see any necessity for such a proclamation. Whenever I judge it necessary, I shall give my orders to have it issued."
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ONE:
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ONE:Grenville rose and defended the Stamp Act. He denied that the right of taxation depended on representation. He complained justly, that when he proposed to tax America, there was little opposition in that House. He contended that protection and obedience were reciprocal, and he exposed the fallacy of Pitt's distinction between taxes and duties. There was much justice in these remarks. The words of Grenville, so pointedly directed against him, immediately called up Pitt again. He had spoken; it was contrary to all rule, but the lion of Parliament broke recklessly through the meshes of its regulations, and when he was called to order the members supported him by cries of "Go on! go on!" He went on, severely castigating Grenville for complaining of the liberty of speech in that House; and dropping in his indignation the terms of courtesy towards the late Minister of "honourable" or "right honourable," said simply"Sir, the gentleman tells us that America is obstinateAmerica is almost in open rebellion. Sir, I rejoice that America has resisted. Three millions of people so dead to all the feelings of liberty as voluntarily to submit to be slaves, would have been fit instruments to make slaves of all the rest." He then exposed the cases quoted by Grenville to show that taxation in this country had been imposed without representation, showing that these very instances led to immediate representation. "I would have cited them," he continued, "to show that even under arbitrary reigns Parliaments were ashamed of taxing a people without their consent. The gentleman asks when the Americans were emancipated? But I desire to know when they were made slaves?" He then touched on the true sources of benefit from our colonies, the profits of their trade. He estimated the profits derived from the American commerce at two millions sterling, adding triumphantly, "This is the fund that carried us victoriously through the late war. This is the price America pays us for protection." He then alluded to the comparative strength of the two countries. "I know the valour," he said, "of your troops. I know the skill of your officers. In a good cause, on a sound bottom, the force of this country can crush America to atoms. But in such a cause as this your success would be hazardous. America, if she fell, would fall like the strong man. She would embrace the pillars of the state, and pull down the constitution along with her."[See larger version]
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ONE:A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.As the 1st of November approached, the day on which the Stamp Act was to take effect, the excitement became intense. Furious crowds assembled in the ports to prevent the landing of the stamped paper from the ships which brought it. The appointed distributors were compelled to resign their posts. At New York the stamped paper was landed, but such was the commotion that it had to be put into the custody of the city magistrates, and be kept under guard in the city hall. It was utterly impossible to put the paper into use, and, after some interruption, business and the courts of law were allowed to proceed without it, on the plea that the stamps could not be obtained.
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ONE:FROM THE PAINTING BY F. GOODALL, R.A.The name of the prisoner was Edward Oxford. He was about eighteen years of age, and of an[472] unprepossessing countenance. He was a native of Birmingham, which town he had left nine years before. He was last employed at a public-house, "The Hog in the Pond," at the corner of South Molton Street and Oxford Street. His trial for high treason was begun in the Central Criminal Court on Thursday, July 9th, and ended next day. The judges were Lord Denman, Baron Alderson, and Justice Patteson. The jury returned the following special verdict:"We find the prisoner, Edward Oxford, guilty of discharging the contents of two pistols, but whether or not they were loaded with ball has not been satisfactorily proved to us, he being of unsound mind at the time." An argument followed between counsel as to whether this verdict amounted to an absolute acquittal, or an acquittal on the ground of insanity. Lord Denman said that the jury were in a mistake. It was necessary that they should form an opinion as to whether the pistols were loaded with bullets or not; but it appeared they had not applied their minds to that point, and therefore it would be necessary that they should again retire, and say aye or no. Did the prisoner fire a pistol loaded with ball at the Queen? After considerable discussion upon the point, the jury again retired to consider their verdict. During their absence the question was again argued, and it appeared to be the opinion of the judges that the jury were bound to return a verdict of "Guilty" or "Not Guilty" upon the evidence brought before them. After an absence of an hour they returned into court, finding the prisoner "guilty, he being at the same time insane." The sentence was that he should be imprisoned during her Majesty's pleasure, according to the Act 40 George III., providing for cases where crimes were committed by insane persons.
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