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.
ONE:All these causes of unpopularity were rendered more effective by the powerful political party which now assailed him. Pitt led the way, and the Dukes of Devonshire, Bolton, and Portland, the Marquis of Rockingham, the Earls of Temple, Cornwallis, Albemarle, Ashburton, Hardwicke, and Bessborough, Lords Spencer, Sondes, Grantham, and Villiers, James Grenville, Sir George Savile, and other Whigs, presented a formidable phalanx of opponents in both Houses. The measures, too, which he was obliged to bring forward, were certain to augment his discredit. The funded debt had grown to upwards of a hundred millions, and there were three millions and a half besides unfunded. It was necessary to raise a new loan, and, moreover, to raise a new tax, for the income was unequal to the expenditure, even in time of peace. The Chancellor of the Exchequer, Dashwood, was not a man likely to make these new burdens go down easily. He issued the new loan to the public with so little advertisement, that the friends of the Ministers secured the greater part of the shares, and they soon rose to eleven per cent. premium, by which they were enabled, at the public cost, to make heavy sums. The tax which Sir Francis proposed was one on cider and perry, besides some additional duties on wines. There was at once an outcry in the City against this tax, led on by the Lord Mayor, Alderman Beckford, a great friend of Pitt. The cry was only too sure to find a loud echo from the cider-growing districts. Bute and his Chancellor were quickly compelled to reduce the proposed impost from ten shillings a hogshead, to be paid by the buyer, that is, by the merchant, to four shillings, to be paid by the grower. The tax thus cut down was calculated to produce only seventy-five thousand poundsa sum for which it was scarcely worth while to incur so much odium.It was found that the potato was almost the only food of the Irish millions, and that it formed their chief means of obtaining the other necessaries of life. A large portion of this crop was grown under the conacre system, to which the poorest of the peasantry were obliged to have recourse, notwithstanding the minute subdivision of land. In 1841 there were 691,000 farms in Ireland exceeding one acre in extent. Nearly one-half of these were under five acres each. The number of proprietors in fee was estimated at 8,000a smaller number in proportion to the extent of territory than in any other country of Western[536] Europe except Spain. In Connaught, several proprietors had 100,000 acres each, the proportion of small farms being greater there than in the rest of Ireland. The total number of farms in the province was 155,842, and of these 100,254 consisted of from one to five acres. If all the proprietors had resided among their tenantry, and been in a position to encourage their industry and care for their welfare, matters would not have been so bad; but most of the large landowners were absentees. It frequently happened that the large estates were held in strict limitation, and they were nearly all heavily encumbered. The owners preferred living in England or on the Continent, having let their lands on long leases or in perpetuity to "middlemen," who sublet them for as high rents as they could get. Their tenants again sublet, so that it frequently happened that two, three, or four landlords intervened between the proprietors and the occupying tenant, each deriving an interest from the land. The head landlord therefore, though ever so well-disposed, had no power whatever to help the occupying tenants generally, and of those who had the power, very few felt disposed. There were extensive districts without a single resident proprietor, and when the absentees were appealed to by the local relief committees during the famine to assist the perishing people, they seldom took the trouble of answering the application.
TWO:Mr. Villiers renewed his motion on the 26th of May, 1840, after the presentation of petitions in support of his views bearing a quarter of a million of signatures. These signs of the growth of public opinion had no effect upon the House. There was a fixed determination to give neither Mr. Villiers nor the petitioners a fair hearing. He was assailed with a volley of every kind of uncouth sounds. The Speaker's calls to order were utterly disregarded, and it was not until, losing patience, he commanded the bar to be cleared, and members to take their seats, that the advocate of Free Trade could be heard by the reporters. It was useless to carry on the discussion amid this deafening clamour. Lord John Russell weakly demanded what the Government could do when a majority of the House was against any alteration in the law, and said he would vote for the motion, but not with a view to total repeal, as his own opinion was in favour of a moderate fixed duty. The House again divided, when 300 members voted for the landlords' monopoly, against only 177 in favour of inquiry.
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THREE:But of all the parties which remembered their wrongs and indignities, the Roman Catholic clergy were the most uncomplying and formidable. They had seen the Pope seized in his own palace at Rome, and forced away out of Italy and brought to Fontainebleau. But there the resolute old man disdained to comply with what he deemed the sacrilegious demands of the tyrant. Numbers of bishoprics had fallen vacant, and the Pontiff refused, whilst he was held captive, to institute successors. None but the most abandoned priests would fill the vacant sees without the papal institution. At length Buonaparte declared that he would separate France altogether from the Holy See, and would set the Protestant up as a rival Church to the Papal one. "Sire," said the Count of Narbonne, who had now become one of Buonaparte's chamberlains, "I fear there is not religion enough in all France to stand a division." But in the month of June Buonaparte determined to carry into execution his scheme of instituting bishops by the sanction of an ecclesiastical council. He summoned together more than a hundred prelates and dignitaries at Paris, and they went in procession to Notre Dame, with the Archbishop Maury at their head. They took an oath of obedience to the Emperor, and then Buonaparte's Minister of Public Worship proposed to them, in a message from the Emperor, to pass an ordinance enabling the archbishop to institute prelates without reference to the Pope. A committee of bishops was found complying enough to recommend such an ordinance, but the council at large declared that it could not have the slightest value. Enraged at this defiance of his authority, Buonaparte immediately ordered the dismissal of the council and the arrest of the bishops of Tournay, Troyes, and Ghent, who had been extremely determined in their conduct. He shut them up in the Castle of Vincennes, and summoned a smaller assembly of bishops as a commission to determine the same question. But they were equally uncomplying, in defiance of the violent menaces of the man who had prostrated so many kings but could not bend a few bishops to his will. The old Pope encouraged the clergy, from his cell in Fontainebleau, to maintain the rights of the Church against his and its oppressor, and thus Buonaparte found himself completely foiled.
THREE:Whilst the Opposition was in the dejection of disappointed hopes, suddenly there arose an explosion of popular opinion against the Catholics, stimulated and led on by an insane fanatic, which threatened the most direful consequences, and produced sufficiently frightful onesthe so-called Gordon Riots.
TWO:The system of combination had spread very widely in 1837 and 1838. So great was the terrorism produced that conviction for an outrage was very rare. The utmost precautions were taken to prevent discovery in committing assassination. Strangers were sent to a great distance for the purpose; and even if they were detected, few persons would run the risk of coming forward as witnesses. The consequence was that in nine cases out of ten combination murders were perpetrated with impunity. In 1837 the Cotton Spinners' Association at Glasgow struck to prevent a reduction of wages in consequence of the mercantile embarrassments arising from the commercial crash in the United States. This association had its branches all over Scotland and the North of England. During sixteen years a total of 200,000 had passed through its hands. So extensive were its ramifications that, when it struck in the spring of 1837, no less than 50,000 persons, including the families of the workers, were deprived of the means of existence, and reduced to the last degree of destitution. Crowds of angry workmen paraded the streets and gathered round the factory gates, to prevent other people from going in to work; fire-balls were thrown into the mills for the purpose of burning them. At length the members of the association went so far as to shoot one of the new hands in open day in a public street of Glasgow. In consequence of this outrage the sheriff of Lanarkshire proceeded with a body of twenty policemen and arrested the members of the secret committee, sixteen in number, who were found assembled in a garret, to which they obtained access by a trap-ladder, in Gallowgate of that city. This was on Saturday night, August 3rd. On the Monday following the strike was at an end, and all the mills in Glasgow were going. The jury found the prisoners guilty of conspiracy, and they were sentenced to transportation, but the murder not provena result which excited some surprise, as the evidence was thought to have warranted a general verdict of "Guilty." This was, two years after, followed by their being all liberated from confinement by Lord Normanby, then Home Secretary.
Lord William Bentinck, after having retired to Alicante, once more returned to Tarragona, and made himself master of that place. Attempting further advantages in this country, he was compelled to fall back on Tarragona with considerable loss. He then returned to Sicily, and General Clinton took the command of the forces, and strengthened the defences of the post. At the same time news arrived of the retreat of Buonaparte from Russia and the rising of Germany, which compelled Suchet to disarm his German regiments, and march them into France under guard. He had also to send some of his best French troops to recruit Buonaparte's decimated army, and the Italian ones to resist the Austrians in Italy, who were once more in motion through the Alps. In these circumstances the campaign in the south-east of Spain closed for the year.The Duke withdrew much dissatisfied with the turn affairs had taken, and distrustful of the issue. In a parting interview with the Emperor of Russia, the latter spoke at length in strong disapprobation of the refusal of England to co-operate in putting down revolution, and said, in conclusion, that Russia was prepared for every eventuality. "She was able, with the support of Austria and Prussia, to crush revolution both in France and Spain; and, if the necessity should arise, she was determined to do so." The Duke heard his Imperial Majesty to an end, and then ventured to assure him that the only thing for which Great Britain pleaded was the right of nations to set up whatever form of government they thought best, and to manage their own affairs, so long as they allowed other nations to manage theirs. Neither he nor the Government which he represented was blind to the many defects which disfigured the Spanish Constitution; but they were satisfied that they would be remedied in time. The Emperor could not gainsay the justice of these remarks, but neither was he willing to be persuaded by them; so, after expressing himself well pleased with the settlement of the Turkish question which had been effected, he embraced the Duke, and they parted.After the Painting by SEYMOUR LUCAS, R.A., in the National Gallery of British Art W. G. Joscelyn, promotion in the army, and his brother made Bishop of Lismore.
