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FORE:Canning, now rising into note, and Windham, declared that there were no motives for peace, but everything to necessitate the active prosecution of the war; and Windham could not help severely condemning the acquittal of Horne Tooke, Hardy, Thelwall, and the rest of the accused Reformers. He was called to order for thus impugning the conduct of independent juries, and reminded that no legal proofs of the guilt of the prisoners had been produced��on which he replied that they ought to have been condemned, then, on moral proofs.

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 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.Whilst these changes had been passing at home, the effervescence in America had grown most riotous and alarming. Boston took the lead in tumultuous fury. In August, the house of Mr. Oliver, the newly appointed stamp-distributor, was attacked and ransacked; his effigy was hanged on a tree, thenceforward honoured by the name of the Liberty Tree. It was then taken down, paraded about the streets, and committed to the flames. The colonel of the militia was applied to, but sent an evasive answer, showing that there were others above the mob who enjoyed what the mob were doing. With this encouragement they broke out afresh, crying, "Liberty and Property!" which, said a colonial authority, "was their cry when they meant to plunder and pull down a house." This time they gutted and partly demolished the houses of the registrar-deputy of the Admiralty, the comptroller of the customs, and the lieutenant-governor, destroying a great quantity of important papers. In New York, delegates assembled from nine different colonial Assemblies. The governor forbade them to gather, declaring their meetings unprecedented and unlawful, but he took no active measures to prevent their deliberations. The Congress met in October, and sat for three weeks. They appointed Mr. Timothy Ruggles, from Massachusetts, their chairman, and passed fourteen resolutions denying the right of the mother country to tax them without their own consent; and they drew up petitions to the king and Parliament. Everywhere associations were established to resist the importation of British manufactures after the 1st of January next,[188] and it was agreed that they should dissolve themselves as soon as the stamp tax was abolished. But it is well known, from letters addressed to Franklin, that the Republican element was already widely spread through the colonies, and this very first opportunity was seized on by its advocates to encourage the idea of throwing off the allegiance to England without further delay.

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