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ONE:On the 25th of November Parliament was opened, and the king, in his speech, made a strong appeal to the country for support against the unprovoked war on the part of France and Spain. The Marquis of Rockingham, in proposing an amendment on the Address in the Lords, was extremely severe. He concluded by moving that every part of the Address, except the title, should be expunged, and that, instead of what then stood, a prayer should be inserted that his Majesty would reflect on the extent of territory which marked the opening of his reign, the opulence and power, the reputation abroad, the concord at home, to which he had succeeded, and now on the endangered, impoverished, enfeebled, distracted, and even dismembered, state of the whole, after the enormous grants of his successive Parliaments, and calling on him, as the only[262] remedy of impending ruin, to dismiss his present evil councillors, and summon new and more auspicious ones. The language was crushing, but it derived its force from its undeniable truth. Lord John Cavendish moved a similar amendment in the Commons; and the Opposition declared that it was well that his Majesty's speech expressed trust in Divine Providence, for Providence was the only friend that his Government had now left; and that our arms, both on sea and land, were paralysed by the scandalous practice of putting at the head of the army and navy mere Court favourites, and by the want of all vigour and sagacity of planning and following up our campaigns. Fox went further, and asserted that weakness and stupidity could not effect the wholesale shame and ruin that surrounded us; that there must be treachery somewhere; and that, if this were driven a little further, the people would seize on arms, and chase the miserable Cabinet from its abused seat. Lord North made the best reply that the circumstances admitted; but there were no symptoms of the Ministers resigning, or being removed by the infatuated monarch, and the amendments were rejected in both Houses, as a matter of course. TWO:The arrival of the news of Lord North's repeal of all the duties, except tea, produced little effect on the minds of the people of Boston. They declared that the unconstitutional principle was the real offence, and that it was still retained. The people of New York, however, had long inclined to gentler measures. They agreed to import all other articles except tea. Pennsylvania and other colonies followed their example; and they declared that they who wanted tea must smuggle it. The more fiery patriots declared against this lukewarmness; but the desire for the English goods was so great that, during the years 1770 and 1771, the importations were larger than they had ever been. Nevertheless, though the colonies appeared returning to order and obedience, the efforts of the Republican party never relaxed, and, especially in Massachusetts, there was a tone of sullen discontent. "Liberty poles" were still erected; exciting harangues were delivered on the anniversary of "the massacre," and the Assembly continued to manifest a stubborn resistance to the will of the Lieutenant-Governor.THREE:CHAPTER XXI. REIGN OF VICTORIA (continued).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.