ONE:Youre getting worse than I am, grinned Sandy.
FORE:The slowness with which the Government became aware of these proceedings is something astonishing in these days of telegraphs and railroads. Though Charles sailed on the 2nd of July, it was not till the 30th of the same month that Lord Tweeddale, the Scottish Secretary of State in London, was informed even that he had left Nantes. Sir John Cope was the commander of the forces in Scotland, and he immediately gave orders for drawing[94] together such troops as he had to Stirling. These were extraordinarily few. There were two regiments of dragoons, Gardiner's and Hamilton's, but both recent in the service; and the whole force at his disposal, exclusive of garrisons, did not amount to three thousand men. Cope was eager enough to march into the Highlands, even with such forces as he had, and crush the insurrection at once. He proposed this apparently active and judicious scheme to the Lords Justices in England, George II. himself being at Hanover, and they warmly approved of it, and issued their positive orders for its execution. It was, in truth, however, the most fatal scheme which could be conceived. The spirit of rebellion was fermenting in every glen and on every hill, and to march regular troops into these rugged fastnesses was only to have them shot down by invisible marksmen on all hands, and reduced to the extremity of the two companies already captured. The plan was to have secured all the passes into the Lowlands, to have drawn his forces to the foot of the mountains wherever a descent could be made, and blockade the rebels in their own hills till they should be reduced by gradual approaches and overwhelming numbers. Famine, indeed, would soon have tamed any large body of men in those sterile regions.The Reformers made repeated and strenuous efforts to obtain a parliamentary expression of the desirableness of this country refraining from interfering with the internal affairs of France, and of making specific arrangements with that country. Earl Stanhope made such a motion in the Lords[441] on the 6th of January, and the Duke of Bedford made a similar one on the 27th of February. Lord Grey had moved the same thing on the day before, but all these endeavours were rendered abortive by Pitt's standing majority. It was replied that France had no government that could be treated with, and Lord Mansfield asserted that we had a right to interfere in the internal affairs of any country that acted on principles dangerous to its neighbour. Fox, on the 24th of March, moved for a committee of the whole House to inquire into the state of the nation, but this was rejected on the ground that the times were too critical, and Canning adduced the condition of Ireland, just on the verge of rebellion, as a sufficient cause for not ascertaining our actual state.
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 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.Well, the amphibian stayed only a few minutes, and it wasnt gone five minutes before the other one came in
