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The depth of Walpole's mortification, however, was shown by the vengeance he took on those who had opposed him. This fell with peculiar weight on Lord Chesterfield. Chesterfield had acquired a great reputation by his able management of affairs at the Hague. Since his return he had become Lord Steward of the Household, and a frequent and much admired debater in the House. But Chesterfield was too ambitious himself to stoop patiently to the domineering temper of Walpole. He was said to have thrown out some keen sarcasms at Walpole's Excise Bill, and his three brothers in the Commons voted against it. Only two days after the abandonment of the Bill, as Chesterfield was ascending the staircase at St. James's, he was stopped by an attendant, and summoned home to surrender the White Staff. The same punishment was dealt out to a number of noblemen who acted in concert with him. Lord Clinton, a Lord of the Bedchamber, the Earl of Burlington, Captain of the Band of Pensioners,[64] were dismissed, as well as the Duke of Montrose, and the Earls of Marchmont and Stair from offices held in Scotland. The Duke of Bolton and Lord Cobham were, by a most unjustifiable stretch of authority, deprived of their regiments.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.
THREE:[See larger version]If the pilot didnt know the right way he couldnt say if his helper was doing things the wrong way, agreed Sandy.
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THREE:CHAPTER VIII. REIGN OF GEORGE III. (continued).It was a fearful risk.
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THREE:On the 24th of April, accordingly, the king proposed, in a speech from the throne, the measure to the Houses in these words. Both Houses sent addresses of affection, and the bill was introduced into the House of Lords; and it was there contended that it was too vague, no person being directly named, except the queen. To remedy this the king sent a new message, naming the five princes of the royal house, with the power of nominating others in the case of the deaths of any of them. Still, on the second reading, Lord Lyttelton declared that this left it perfectly uncertain who would become regent; and he moved an address to the king to name which one of the persons specified he would nominate as regent. But here the Duke of Richmond asked, whether the queen were naturalised; and if not, whether she were capable of acting as regent. He asked, also, who were, strictly speaking, the royal family? The Earl of Denbigh replied, "All who were prayed for;" but the Duke of Bedford contended that those only in the order of succession constituted the royal family. This went at once to exclude the Princess Dowager of Wales, the king's mother; and Halifax, Bedford's colleague, agreed with him. Amidst all this confusion, Lord Halifax hastened away to the king, and advised him to have the name of his mother omitted, lest the Lords should strike it out, and thus make it appear a public insult. The poor bewildered king, taken by surprise, said, "I will consent, if it will satisfy my people."
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