This concession, though deemed by the Home Government a large one, did not satisfy the Canadians. They took it as an instalment, but gave no pledge to make the return that was sought, by liquidating the arrears. In their answer to the Governor they said, "The great body of the people of this province, without distinction, consider the extension of the elective principle, and its application to the constitution of the Legislative Council in particular, and the repeal of the Acts passed in Great Britain on matters concerning the internal government of the province, as fully within the jurisdiction of the provincial Parliament, as well as the privileges conferred by such Acts; and the full and unrestrained enjoyment on the part of the legislature and of this House of their legislative and constitutional rights, as being essential to the prosperity and welfare of his Majesty's faithful subjects in Canada, as well as necessary to insure their future confidence in his Government, their future contentment under it, and to remove the causes which have been obstacles to it." Mr. Roebuck had become their champion and paid agent in the British House of Commons, and one of their first acts was to insert the agent's bill for the amount of his expenses (500) in the public accounts. This the Government refused to sanction, whereupon the Assembly took it upon them to pass it themselves without such sanction. The temper exhibited on both sides in these proceedings indicated no sign of a fair prospect of conciliation between the ruler and the ruled, more especially as the British Government exhibited anything but a conciliatory spirit. The discontent and agitation went on increasing during the following year. The Assembly rose in its demands, still persisting in refusing to vote the supplies. They required that the "executive council" of the Governor should be subjected to their control, and that their proceedings should be made public. The Assembly, in fact, had become quite refractory, owing to the violent measures of the democratic party, led on by Papineau, the Canadian O'Connell.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.[See larger version]