TWO: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.The French allowed the retreating Allies no rest. There was no want of men. The Convention, by the menace of the guillotine at home, and the promises of plunder and licence abroad, could raise any number of thousands of men, could find millions of money, and they had not a single feeling of humanity, as the streaming axes of the executioners all over the country showed. They could also fight and daunt their enemies by the same unhesitating ferocity. They had long published to all their armies that no quarter was to be given to British or Hanoveriansthey were to be massacred to a man; and they now sent word to the fortresses of Valenciennes, Cond, Quesnoy, and Landrecies, that unless the garrisons surrendered every soul on their being taken should be butchered. The fortresses were immediately surrendered, for the menace was backed by one hundred and fifty thousand menthe combined troops of Pichegru and Jourdain. Besides, the fortresses in the hands of the Allies were so badly supplied both with ammunition and stores, that they were but dens of famine and impotence. On the 5th of July Ghent opened its gates to the French; on the 9th the French entered Brussels, having driven the Duke of Coburg out of his entrenchments in the wood of Soignies, near which the battle of Waterloo was afterwards fought. They next attacked the Duke of York and Lord Moira at Mechlin, and after a sharp conflict drove them thence. The very next day Clairfait was defeated and obliged to abandon both Louvain and Lige. General Beaulieu was driven out of Namur, solely because he had no provisions there for his army, though otherwise the place could have made a long defence. The Duke of York was compelled to abandon the strong and important citadel of Antwerp from the same cause, and to cross the Scheldt into Dutch territory, leaving the French to make their triumphant entry into Antwerp on the 23rd of July. Such was the brilliant campaign of the French in the[435] Netherlands in the summer of 1794such the ignominious defeat of the Allies, with an army of two hundred thousand men. Pitt, however, bravely struggled to keep up the Coalition. A loan of four million pounds was granted to Austria. At the same time, in addition to the Hessian soldiers engaged, the Duke of Brunswick, the king's relative, was to furnish two thousand two hundred and eighty-nine men on the same liberal terms, and was himself to have an annual allowance of sixteen thousand pounds sterling.
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TWO:If Grenville and his Cabinet, in their ignorance of human nature, had made a gross mistake in their conduct towards Wilkes, they now made a more fatal one in regard to our American colonies. These colonies had now assumed an air of great importance, and were rapidly rising in population and wealth. The expulsion of the French from Canada, Nova Scotia, and Cape Breton, the settlement of Georgia by General Oglethorpe, the acquisition of Florida from Spain, had given a compactness and strength to these vast colonies, which promised a still more accelerated and prosperous growth. At this period the inhabitants are calculated to have amounted to two millions of Europeans, and half a million of coloured people, Indians and negroes. The trade was becoming more extensive and valuable to the mother country. The imports from England, chiefly of her manufactures, amounted to three million pounds annually in value. They carried on a large trade with our West Indian islands and the Spanish American colonies, and French and Dutch West Indies. They also built ships for the French and Spaniards, in the West Indies. They had extensive iron and copper mines and works in different states. They manufactured great quantities of hats in New England. The fisheries of Massachusetts produced two hundred and thirty thousand quintals of dried fish, which they exported to Spain and Portugal, and other Catholic countries of Europe. Carolina exported its rice to these countries as well as to England; and they exported vast quantities of cured provisions, dye-woods, apples, wax, leather, tobacco from Virginia and Maryland (fifty thousand hogsheads annually to England alone) valued at three hundred and seventy-five thousand pounds. The masts from New England, sent over for the British navy, were the largest in the world.
