ONE:[18]
TWO: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.
FORE:The left of his operations was entrusted to General Prideaux with a body of colonial militia, and Sir William Johnson with another of friendly Indians, over whom he had a wonderful ascendency. This united force was to march against the fort of Niagara, reduce it, and then, crossing Lake Ontario, advance on Montreal. The centre of his operations was entrusted to General Amherst, who superseded Abercrombie. With twelve thousand men he was again to attempt Ticonderoga, open the navigation of Lake Champlain, and then, joining Prideaux and Johnson at Montreal, descend the St. Lawrence to support Wolfe, who was to be conveyed by sea to the St. Lawrence, and to prepare for the storming of Quebec, it being hoped that, by the time of his arrival, the two other divisions of the army would have come up.On the 12th of October General Howe, who would have been better employed in driving the enemy before him than in waiting for his brother's useless negotiations, sent a considerable part of his forces, with flat-bottomed boats, through Hell Gate into the Sound, and landed them at Frog's Neck, about nine miles in the rear of Washington's position, thus cutting off all his supplies from the country. The ships ascended higher up the North River, cutting off the retreat into the Jerseys. Had Howe, instead of landing at Frog's Neck, done so at Pell's Point, he would have rendered Washington's retreat nearly impossible. But this was neglected till the 18th of October, by which time Washington, finding that he was getting gradually hemmed in, and Lee, who had now joined him from Sullivan's Island and the Carolinas, insisting that nothing but instant retreat could save them, they therefore made a rapid retreat into the open country called the White Plains. They had much difficulty in carrying away their artillery; and the whole of it must have been taken, had Howe shown any ordinary activity. Between this date and the 21st there was considerable skirmishing, which compelled Washington to retire farther into the White Plains, and from thence towards the Delaware.
Nunc at viverra risus. In euismod quam ac dictum varius. Nunc at viverra risus.
Nunc at viverra risus. In euismod quam ac dictum varius. Nunc at viverra risus. In euismod quam ac dictum varius. Nunc at viverra risus. In euismod quam ac dictum varius. Nunc at viverra risus.