ONE:The murder of one landlord was sufficient to spread terror throughout the whole class, the most recent and horrible case being used for this purpose in the threatening notices. Thus, when Major Mahon was shot, a letter was sent to the wife of another landed proprietor, warning her that if her husband did not remit all the arrears of rent due by his tenants, two men would be sent to dispatch him as they had dispatched the demon Mahon. The Lord-Lieutenant had increased the[561] constabulary force in the disturbed districts, and called out the military to aid in the execution of the law. But it was the opinion of the magistrates in those districts that the powers of the executive were not sufficient. The object of Sir George Greys measure was to extend those powersnot to create any new tribunal, for trial by jury had worked satisfactorily. What he proposed was that the Lord-Lieutenant should have power to "proclaim" disturbed districts, to increase in them the constabulary force to any extent he might think fit out of the reserve of 600 in Dublin, to limit the use of firearms, and to establish nocturnal patrols. He thought that by such a measure the Government would be able to put down the crimes that were disorganising society in Ireland. Sir Robert Peel supported the Government measure. Mr. Feargus O'Connor divided the House against it; but was supported by only twenty members. It was soon after read a second time, having been strenuously resisted by some of the Irish members. It rapidly went through committee, and was read a third time, when the minority against it was only fourteen. The Bill passed through the Lords without alteration.The news had the most instant effect across the Channel. All hesitation on the part of the French Court to enter into the treaty with the United States disappeared. The American Commissioners, Franklin, Deane, and Lee, were informed that the King of France was ready to make a treaty, claiming no advantage whatever, except that of trade with the States. It was intimated that this proceeding would, in all probability, involve France in a war with Great Britain, but that she would claim no indemnity on that score. The only condition for which she positively stipulated was, that America should, under no temptations, give up its independence, or return under the dominion of England. The two kingdoms were to make common cause, and assist each other against the common enemy. The Americans were to endeavour to make themselves masters of all the British territories that they could, and retain them as their rightful acquisition; the French to obtain whatever islands they could in the West Indies, and retain them. France did not venture to seek back the Canadas or Nova Scotia, well knowing that the Americans would not consent to have them there as neighbours. Neither country was to make peace with England without the other. Lee was to continue at Paris as the first American Ambassador there, and the treaty was to continue some weeks a secret, in order to obtain, if possible, the accession of Spain to it, which, however, they could not do then.
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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.[565]
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ONE:During the winter of 1812 and the spring of[63] 1813 Buonaparte was making the most energetic exertions to renew the campaign against Russia and the German nations that were now uniting with the Czar. He called out new conscriptions, and enforced them with the utmost rigour; the militia were drafted extensively into the regular army, and the sailors, whose service had been annihilated by the victorious seamen of Great Britain, were modelled into regiments, and turned into soldiers. He sent for part of his forces from Spain; and in the spring he was enabled to present himself in Germany at the head of three hundred and fifty thousand men. But this was a very different army from that which he had led into and lost in Russiaan army of practised veterans, familiar with victory through a hundred fights. It was necessarily but ill-disciplined, and much more full of the sense of wrong in having been dragged from home and its ties than of any thirst of glory. The cavalry was especially defective, and had lost the commander who gave it such spirit by his own example. Disgusted by the insolence and sarcasms of Buonaparte, and believing that his career was about to end, Murat quitted his command on the 16th of January, 1813, and hastened to Naples, where he was not long in opening negotiations with Great Britain and the other Powers for the acknowledgment of his kingdom as one independent of France, and ranking with the other established Powers of Europe. Nor was this the only alarming circumstance. Bernadotte was at the head of an army of Swedes against himBernadotte whom he had driven by the same insolent and unbearable domination into the arms of his enemies, and whom he now denounced as a renegade Frenchman who had renounced his country. The truth, however, was that Bernadotte had been adopted by a new country, and was bound to defend it.HELIGOLAND.
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