ONE:After a debate of four nights the second[251] reading was carried by the large majority of one hundred and fifty-five, the numbers being two hundred and seventy-eight to one hundred and twenty-three. In the House of Lords the numbers were nearly four to one in favour of the measure, which was quickly passed into law. As soon as this fact was made known in Ireland, Mr. O'Connell moved that the society be dissolved. This was no sooner done than a new society was formed; and when the Attorney-General returned to Ireland he found it in active operation. It was in reference to this proceeding O'Connell boasted that he could drive a coach-and-four through an Act of Parliament. It was declared that the new Catholic Association should not assume, or in any manner exercise, the power of acting for the purpose of obtaining redress of grievances in Church or State, or any alteration in the law, or for the purpose of carrying on or assisting in the prosecution or defence of causes civil or criminal. Nothing could be more inoffensive or agreeable than its objects, which were to promote peace, harmony, and tranquillity; to encourage a liberal and enlightened system of education; to ascertain the population of Ireland, and the comparative numbers of different persuasions; to devise means of erecting suitable Catholic places of worship; to encourage Irish agriculture and manufactures, and to publish refutations of the charges against the Catholics. Such was the new platform; but the speeches were of the same defiant and belligerent strain as before. The speakers still prayed that God Almighty would increase the dissensions and differences of the Government, and rejoiced in the inspiring prospect of a cloud bursting on England from the North, where Russia had 1,300,000 men in arms.TEMPLE BAR IN 1800.
TWO:Expenditure.
ONE: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.This proviso, however, by no means affected the treaty with America. This secret treaty was made binding and effectual so far as America and England were concerned. The first article acknowledged fully the independence of the United States. The second fixed their boundaries, much to the satisfaction of the Americans; and liberty was secured to them to fish on the banks of Newfoundland, in the Gulf of St. Lawrence, and wherever they had been accustomed to fish, but not to dry the fish on any of the king's settled dominions in America. By the fourth, fifth, and sixth articles it was engaged for Congress that it should earnestly recommend to the several Legislatures to provide for the restitution of all estates belonging to real British subjects who had not borne arms against the Americans. All other persons were to be allowed to go to any of the States and remain there for the settlement of their affairs. Congress also engaged to recommend the restitution of confiscated estates on the repayment of the sums for which they had been sold; and no impediments were to be put in the way of recovering real debts. All further confiscations and prosecutions were to cease. By the seventh and eighth articles the King of England engaged to withdraw his fleets and armies without causing any destruction of property, or carrying away any negro slaves. By these articles, the navigation of the Mississippi, from its source to the ocean, was to remain for ever free and open to both parties. If West Florida happened to be in the possession of Britain at the termination of a general peace, a secret article determined its boundaries.
TWO:A question was opened in the House of Commons, on a motion of Mr. Western, which often subsequently occupied its attention. It referred to the effect on prices of Mr. Peel's Act of 1819 for the resumption of cash payments. According to the views of Mr. Western and Mr. Attwood, the value of money had been enormously increased by the resumption of payments in specie by the Bank, and its necessary preliminary, a diminution of the circulation. Prices had in consequence fallen; rents, taxes, annuities, and all fixed[225] payments become more onerous. These views were opposed by Huskisson, Peel, and Ricardo, and, on the motion of the first-named, a resolution was carried, by one hundred and ninety-four to thirty, "That this House will not alter the standard of gold or silver in fineness, weight, or denomination."
