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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.In the course of his speech Lord John Russell stated that he had made inquiry with respect to the amount of relief afforded to wandering mendicants, and the result was that in most cases a shilling an acre was paid by farmers in the year, and he calculated that it amounted on the whole to perhaps ��1,000,000 a year. Among those thus relieved, he said, the number of impostors must be enormous. It was not proposed, however, to prohibit vagrancy until the whole of the workhouses should be built and ready for the reception of the destitute. A lengthened discussion then took place in reference to the proposed measure, in which Mr. Shaw, Mr. O'Connell, Lord Howick, Sir Robert Peel, Lord Stanley, and other members took part. The Bill was read a first time, and on the 25th of April, 1837, Lord John Russell moved the second reading, when the debate was adjourned till the 1st of May. Notwithstanding a good deal of hostile discussion the second reading was carried without a division. On the 9th of May the House went into committee on the Bill. Twenty clauses were passed with only two unimportant divisions. The introduction of a settlement clause was rejected by a majority of 120 to 68. The vagrancy clauses were postponed for future consideration. The committee had got to the sixtieth clause on the 7th of June, when the king's illness became so serious that his recovery was highly improbable, and the business of Parliament was consequently suspended. He died on the 20th of June, and on the 17th of July Parliament was prorogued, so that there was an end for the present to the Irish Poor Relief Bill, and all the other measures then before Parliament.

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FORE:Lord Wellington had been duly informed of the progress of these man?uvres, and they had given him great anxiety; nor were these the only causes of anxiety which affected him. The British Ministry were so much absorbed with the business of supporting the Allies in their triumphant march after Buonaparte, that they seemed to think the necessity of Lord Wellington's exertions at an end. At the close of 1813 they recalled Sir Thomas Graham and some of his best battalions to send them into Holland. They appeared to contemplate still further reductions of the Peninsular army, and Lord Wellington was obliged to address them in very plain terms to impress them with the vital necessity of maintaining the force in this quarter unweakened. He reminded them that thirty thousand British troops had kept two hundred thousand of Buonaparte's best troops engaged in Spain for five years; that without this assistance Spain and Portugal would have long ago been completely thrown under the feet of the invader, and the Allies of the North would have had to contend against the undivided armies and exertions of Napoleon; that to render his own army inefficient would be at once to release one hundred thousand veterans such as the Allied armies had not had to deal with. This had the proper effect; and as soon as Wellington had obtained the necessary supplies, he resumed his operations to drive Soult from under the walls of Bayonne.Stood waiting for Sir Richard Strachan;

FORE:This contest excited universal interest. Mr. O'Connell, the Roman Catholic candidate, was not unknown in England. He had come to London as the leading member of a deputation to urge the concession of Catholic Emancipation upon the Government and the legislature, when he met a number of the leading statesmen of the day at the house of the Duke of Norfolk. He had been examined by a committee of the Lords, together with Dr. Doyle, in 1825, on which occasion the ability he displayed, his extensive and accurate knowledge, his quickness in answering, and the clearness with which he conveyed information, excited the admiration of all parties. In the appeal case of Scully versus Scully he pleaded before Lord Eldon. It was the first time he had appeared in his forensic character in England. No sooner had he risen to address their lordships than it was buzzed about the precincts of Westminster, and persons of all descriptions crowded in with anxious curiosity to witness the display, including several peers and members of Parliament. He addressed their lordships for nearly two hours, during which the Lord Chancellor paid him great attention, though he had only thirty-three hours before carried the House of Lords with him in rejecting the Bill by which the great advocate would have been admitted to the full privileges of citizenship. Referring to this subject, Lord Eldon wrote in his diary, "Mr. O'Connell pleaded as a barrister before me in the House of Lords on Thursday. His demeanour was very proper, but he did not strike me as shining so much in argument as might be expected from a man who has made so much noise in his harangues in a seditious association." Lord Eldon's opinion was evidently tinged by the recollection of the "seditious harangues." It is a curious fact that the leading counsel on that occasion on the same side was Sir Charles Wetherell, then Solicitor-General. The English admired the rich tones of O'Connell's voice, his clear and distinct articulation, his legal ingenuity, and the readiness with which he adapted himself to the tribunal before which he pleaded. One of the best speeches he ever made was delivered at the great meeting of the British Catholic Association, the Duke of Norfolk presiding. He astonished his auditory on[271] that occasion. In fact, he was regarded as a lion in London. He won golden opinions wherever he went by his blandness, vivacity, and wit in private, and his lofty bearing in public. His commanding figure, his massive chest, and his broad, good-humoured face, with thought and determination distinctly marked in his physiognomy, showed that he had the physique of a great leader of the masses, while he proved himself amongst his colleagues not more powerful in body than in mind and will. The confidence reposed in him in Ireland was unbounded. He was indeed the most remarkable of all the men who had ever advocated the Catholic claims; the only one of their great champions fit to be a popular leader. Curran and Grattan were feeble and attenuated in body, and laboured under physical deficiencies, if the impulsive genius of the one or the fastidious pride of the other would have permitted them to be demagogues; O'Connell had all the qualities necessary for that character in perfection��unflinching boldness, audacious assertion, restless motion, soaring ambition, untiring energy, exquisite tact, instinctive sagacity, a calculating, methodising mind, and a despotic will. He was by no means scrupulous in matters of veracity, and he was famous for his powers of vituperation; but, as he was accustomed to say himself, he was "the best abused man in Ireland."Soon it became apparent that the Italians were disunited, monarchists against republicans, and Milanese against Piedmontese. Radetzky, meanwhile, had received ample reinforcements, and in June set himself to reduce Venetia. Fortress after fortress fell, and by the end of the month the province, with the exception of the capital, was once more in Austrian hands. Then the sturdy[585] old warrior crushed the Piedmontese at Custozza and drove them pell-mell across the Mincio, after a battle which lasted three days. Charles Albert, unequal to his position, and worn out by the dissensions of his staff, surrendered Milan without a struggle, and by August, 1848, the fate of Lombardy was sealed. In vain the Lombards appealed to France; the cautious Cavaignac had there replaced the sentimental Lamartine. He offered, indeed, to join with England in mediation, and, with his consent, Lord Palmerston proposed the terms which had been previously offered by Baron Hummelauer. The Austrians, however, declined to negotiate on that basis, and at last on the 25th of September declared that they would consent to no cession of territory. However, there was a cessation of hostilities.

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FORE:SURRENDER OF LORD CORNWALLIS, YORK TOWN. (See p. 283.)

FORE:The news of the invasion brought George from Hanover. He arrived in London on the last day of August, by which time the Young Pretender had already been entertained by Lord Tullibardine at Blair Castle; but he seemed to feel no great alarm. He thought the forces of Cope were sufficient to compete with the insurgents, and Lord Granville and his party did their best to confirm him in this opinion. On the 20th of September three battalions of the expected Dutch forces landed, and received orders to march north. But what contributed more than anything to the security of the kingdom was the activity of the fleet. The seamen all round the coasts showed as much spirit and life as the soldiers had shown cowardice. Privateers as well as men-of-war vied with one another in performing feats of bravery. A small ship off Bristol took a large Spanish ship, bound for Scotland, with arms and money. Another small ship took the Soleil, from Dunkirk, carrying twenty French officers and sixty men, to Montrose; and a small squadron of privateers, which volunteered to serve under a brave naval captain, took a vast number of French vessels, and drove still more upon their own shores. Charles's younger brother, Henry, was waiting to bring over the Irish regiments to his aid, but Louis would not hazard their appearance at sea in the face of such a dangerous fleet. Charles made an attempt to corrupt Captain Beavor, of the Fox man-of-war, by offering him splendid rewards in case of his success, but the gallant officer sent him word that he only treated with principals, and that, if he would come on board, he would talk with him.

FORE:So prejudiced were the Allied Sovereigns against England, that they were ready to believe any tale to her disadvantage. One story which was circulated amongst them at the time was that Great Britain had bound herself to support Spain against France in return for certain stipulated commercial advantages. Another was that she had entered into a secret treaty to defend Portugal against France, even though Portugal should join Spain in the war. After all the Duke's arguments, explanations, and remonstrances, the French plenipotentiary was about to set off for Paris, representing all the Powers as being perfectly unanimous on the policy adopted towards Spain, and the Duke was obliged to threaten him with a public contradiction if he did not alter that statement and except Great Britain.

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