THREE: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.This result was due to important negotiations behind the scenes. For many months the more extreme section of the Cabinet had urged Lord Grey to recommend the king to swamp the hostile majority by a creation of peers. Both he and Althorp objected to this course, and fresh overtures were made to the waverers, while the king undertook to convert the Bishops. Both attempts[348] failed, and then the Cabinet was nearly rent in twain. Lord Durham attacked his father-in-law in language which Althorp declared to be "brutal," and for which, said Lord Melbourne, he deserved to be knocked down. At last the king resolved to agree to a creation of peers on condition that the new creations should not exceed the number of 24. This alarmed the waverers, and with the aid of Charles Greville they came to terms with the Government. Lord Harrowby and Lord Wharncliffe secured a majority on the second reading, on condition that no new peers should be created.
Sed ut perspiciatis unde omnis iste natus error sit voluptatem
accusantium doloremque laudantium.

FORE:[See larger version][See larger version]
At vero eos et accusamus et iusto odio dignissimos ducimus qui
blanditiis praesentium voluptatum deleniti atque corrupti quos dolores
et quas molestias excepturi sint occaecati cupiditate non provident.

FORE:[See larger version]
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FORE:There was an energetic debate in each House as the Bill passed through. It was opposed in the Peers by Lords Lansdowne, Holland, and Erskine, but was carried by ninety-three against twenty-seven. Ten peers entered a strong protest on the journals against the measure, denying the traitorous conspiracy or the extensive disaffection to the Government alleged, affirming that the execution of the ordinary laws would have been amply sufficient, and that Ministers were not entitled to indemnity for causeless arrests and long imprisonments which had taken place, for the Bill went to protect them in decidedly illegal acts. In the House of Commons the Bill was strongly opposed by Brougham, Tierney, Mr. Lambtonafterwards Lord Durhamand Sir Samuel Romilly. They condemned the conduct of Ministers in severe language, while the Bill was supported by Canning, by Mr. Lambafterwards Lord Melbourne, who generally went with the other sideby Sir William Garrow, and Sir Samuel Shepherd, Attorney-General.[See larger version]
At vero eos et accusamus et iusto odio dignissimos ducimus qui
blanditiis praesentium voluptatum deleniti atque corrupti quos dolores
et quas molestias excepturi sint occaecati cupiditate non provident.

FORE:Government now resorted to vigorous measures; the Chartist leaders were brought to trial, and sentenced to various terms of imprisonment. At a meeting of the National Convention held on the 14th of September, it was moved by Mr. O'Brien, and seconded by Dr. Taylor, that the Convention be dissolved. On a division, the numbers were for the dissolution eleven; against it eleven. The chairman gave his casting vote in favour of the dissolution. It was thereupon hoped, and, indeed, publicly declared by the Attorney-General, that Chartism was extinct and would never again be revived. It soon appeared, however, that this was a delusion, and that a most formidable attempt at revolution by force of arms had been planned with great care and secrecy, and on a comprehensive scale, the principal leader being a justice of the peace. Among the new borough magistrates made by the Whigs after the passing of the Reform Bill was Mr. John Frost, a linendraper at Newport. At the beginning of the Chartist agitation in 1838 Mr. Frost attended a meeting in that town, when he made a violent speech, for which he was reprimanded by the Home Secretary. But this warning was far from having the desired effect. During the autumn of 1839 he entered into a conspiracy with two other leadersJones, a watchmaker, of Pontypool, and Williams, of the Royal Oak Inn, in the parish of Aberystwithto take possession of the town of Newport, which was to be the signal for a simultaneous rising of the Chartists in Birmingham and in all other parts of the kingdom. But the weather was unfavourable and the night was dark. The divisions under the command of Jones and Williams failed to arrive at the appointed time, and the party under the command of Frost himself was late. The intention was to surprise Newport at about midnight on Sunday, the 3rd of November; but owing to the wetness of the weather it was not till ten o'clock on Monday morning that the insurgents entered the town in two divisions, one headed by Frost, and another by his son, a youth of fourteen or fifteen. They were armed with guns, pistols, pikes, swords, and heavy clubs. The mayor, Mr. Thomas Philips, apprised of their approach, had taken prompt measures for the defence of the place.
At vero eos et accusamus et iusto odio dignissimos ducimus qui
blanditiis praesentium voluptatum deleniti atque corrupti quos dolores
et quas molestias excepturi sint occaecati cupiditate non provident.