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CHARLES JAMES FOX. (After the portrait by Sir Joshua Reynolds.)

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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 army of Joseph dispersed at full speed, and as our cavalry could not pursue them across the hedges and ditches, they managed to escape, and made their way to Pampeluna in one wild, chaotic herd. On the field they profess to have left eight thousand men in killed and wounded, but their loss was far greater. They left, also, one hundred and fifty-one pieces of brass ordnance, four hundred and fifteen caissons, more than forty thousand rounds of ammunition, nearly two million musketball cartridges, forty thousand six hundred and sixty-eight pounds of gunpowder, fifty-six forage[59] waggons, and forty-four forge waggons. The allied army had killed, British, five hundred and one; Portuguese, one hundred and fifty; Spaniards, only eighty-nine: wounded, British, two thousand eight hundred and seven; Portuguese, eight hundred and ninety-nine; Spanish, four hundred and sixty-four. Lord Wellington reported the conduct of almost every officer engaged as admirable. King Joseph did not stop till he was safe, for a time, within the strong walls of Pampeluna, but the garrison there would not admit the rabble herd of fugitives, but sent them off like enemies; and they were forced to continue their flight into the Pyrenees.
ONE:The year 1797 was opened by the suspension of cash payments. The Bank of England had repeatedly represented to Pitt, as Chancellor of the Exchequer, that his enormous demands upon it for specie, as well as paper money, had nearly exhausted its coffers and could not long be continued. The payment of our armies abroad, and the advances to foreign kings, were necessarily made[455] in cash. The Government, in spite of enormous taxation, had already overdrawn its account eleven million six hundred and sixty-eight thousand eight hundred pounds, and the sole balance in the hands of the Bank was reduced to three million eight hundred and twenty-six thousand eight hundred and ninety pounds. Pitt was demanding a fresh loan for Ireland, when a message came from the Bank to say that, in existing circumstances, it could not be complied with. Thus suddenly pulled up, the Privy Council was summoned, and it was concluded to issue an order for stopping all further issue of cash, except to the Government, and except one hundred thousand pounds for the accommodation of private bankers and traders. Paper money was made a legal tender to all other parties, and the Bank was empowered to issue small notes for the accommodation of the public instead of guineas. A Bill was passed for the purpose, and that it might not be considered more than a temporary measure, it was made operative only till June; but it was renewed from time to time by fresh Acts of Parliament. The system was not abolished again till 1819, when Sir Robert Peel brought in his Bill for the resumption of cash payments, and during the whole of that time the depreciation of paper money was comparatively slight.It was on this occasion that Mr. Disraeli, rising from the benches filled with the ordinary supporters of the Government, delivered one of those bitter and sarcastic diatribes which thenceforward proved so effective in arousing the revengeful feelings of those of the party who believed their interests to have been betrayed in deference to the League. "I remember," he said, "in 1841 the right hon. baronet used these words: he said, 'I have never joined in the anti-slavery cry, and now I will not join in the cry of cheap sugar.' Two years have elapsed, and the right hon. gentleman has joined in the anti-slavery cry, and has adopted the cry of cheap sugar. But," he continued, appealing to the rebellious supporters of the Government, whom the Minister had just defied, "it seems that the right hon. baronet's horror of slavery extends to every place except the benches behind him. There the gang is still assembled, and there the thong of the whip still resounds. The right hon. gentleman," he added, "came into power upon the strength of our votes, but he would rely for the permanence of his Ministry upon his political opponents. He may be righthe may even be to a certain degree successful in pursuing the line of conduct which he has adopted, menacing his friends, and cringing to his opponents; but I, for one, am disposed to look upon it as a success neither tending to the honour of the House nor to his own credit. I therefore must be excused if I declare my determination to give my vote upon this occasion as I did in the former instance; and as I do not follow the example of the hon. and gallant member near me (Sir H. Douglas), it will not subject me to the imputation of having voted on the former occasion without thought or purpose." The appeal of the Ministers, however, was, fortunately for the Free Trade movement, for a time successful. The Government were reinstated by a vote of 255 to 233, in a House in which both parties had evidently done their utmost.
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TWO:DR. JOHNSON VIEWING THE SCENE OF SOME OF THE "NO POPERY" RIOTS. (See p. 268.)
TWO:Mr. Canning had now attained the highest summit to which the ambition of a British subject can aspire. With the acclamation of the country and of the House of Commons, he had taken the first place in the Government of the empire, to which he had raised himself by his talents and his merit alone, surmounting as he rose the most formidable impediments, aristocratic antipathies, class interests, and royal dislike. He was the idol of the nation, and not only in Great Britain, but throughout the world, his fame shone brightest of all the public men of his age. His name was associated with the triumph of Liberal principles throughout Europe and America; he was at the head of a strong Government, and he had conciliated the good-will of his Sovereign. Such a combination of what are usually regarded as the elements of human happiness has rarely, if ever, been known in the history of England, where alone such a phenomenon could occur. As a man of genius, as an orator, as a political leader, he enjoyed a reputation and a degree of success which in any one of these capacities would be regarded by the majority of men as the acme of human felicity. But in addition to these he enjoyed a position and wielded a power with which many great men have been content, without the brilliant halo of glory with which, in Canning's case, they were surrounded. But it is a singular and humbling illustration of the vanity of human wishes and human glory, that this great man was, after all, unhappy, and that the political enemies he had vanquished had the power of bringing him to an early grave. The Whig and Tory lords studied in every way to wound the proud spirit, which they knew to be extremely sensitive. They scowled upon him with looks of resentment and vengeance. Old friends averted their eyes from the affectionate companion[260] of earlier days; the cordial pressure of his hand was not returned; his associates and supporters in office and in Parliament were, for the most part, his former opponents in many a political battlefield. The odium of being a convert to Liberal principles settled upon his noble spirit like a fatal blight, the animosity with which intolerance pursues the honest and generous lover of truth and right pierced his susceptible nervous system like a keen, pitiless, persistent east wind. This was more than his delicate organism could long bear. The state of his mind affected his bodily health. The charm of his conversation made him the delight of his friends in private society, in which he found a solace and a welcome relaxation from the toils of office. It was natural, though to be regretted, that with such a susceptible, enjoying, and genial temperament, delighting in wit and humour, and diffusing pleasure around him by the coruscations of his own genius, he should have lingered longer in convivial parties than was prudent for his health. The consequence was an inflamed and irritable state of the system. Thus predisposed to disease, he caught cold by sitting under a tree, after being heated with walking, while on a visit with Lord Lyndhurst at Wimbledon. Attacked with inflammation of the kidneys, he went to Chiswick, on the advice of his doctors, and there, on the 8th of August, after a brief period of intense suffering, he died in the villa of the Duke of Devonshire, and in the same room in which a man of kindred genius, the illustrious Charles James Fox, breathed his last.
TWO:At the Congress, which began in June, William Stanhope, Horace Walpole, and Poyntz represented England. At Paris Lord Waldegrave supplied the place of Horace Walpole; and at the Hague the Earl of Chesterfield ably managed the national interests. At the Congress there was a frequent exchange of memorials and counter-memorials, but no real business was done. The only things which grew apparent were that France and Spain were becoming more reconciled, and that the league between Spain and the Emperor was fast dissolving.Whilst this Bill was passing the Lords, on the 28th of March Lord Gower brought a fresh one into the Commons, which had no less object than the repeal of the Charter of Massachusetts. It was entitled, "A Bill for the Better Regulating Government in the Province of Massachusetts Bay." It went to remove the nomination of the members of the Council, of the judges and magistrates, etc., from the popular constituencies to the Crown. Lord North observed that the Charter of William III. had conferred these privileges on Massachusetts as exceptional to all other colonies, and that the consequence was that the Governor had no power whatever. Strong opposition was made to this proposed Bill by Dowdeswell, Sir George Savile, Burke, Barr, Governor Pownall, General Conway, and Charles Fox, who was now in opposition. The Bill passed the Commons by a majority of two hundred and thirty-nine against sixty-four; and it passed the Lords by a majority of ninety-two against twenty. But even now another Bill passed the House of Commonsa Bill for removing to another colony for trial any inhabitant of Massachusetts Bay, who was indicted for any murder or other capital offence which the Governor might deem to be perpetrated in the attempt to put down tumults and riots. This measure was still more vehemently opposed than the rest.
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TWO:Though there had appeared a lull in American affairs for some time, any one who was observant might have seen that all the old enmities were still working in the colonial mind, and that it would require little irritation to call them forth in even an aggravated form. Lord Hillsborough was no longer Governor, but William Legge, Lord Dartmouth. He was a man of high reputation for uprightness and candour; Richardson said that he would be the perfect ideal of his Sir Charles Grandison, if he were not a Methodist; and the poet Cowper, not objecting to his Methodism, described him as "one who wears a coronet and prays." But Lord Dartmouth, with all his superiority of temper and his piety, could not prevent the then stone-blind Cabinet and infatuated king from accomplishing the independence of America.
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As he made these professions, he was, from the very commencement of the year 1812, and nearly six months before the avowal of hostilities, drawing the invading force nearer to the frontiers near Detroit. General Hull had a body of two thousand five hundred men ready for the enterprise, well supplied with artillery and stores; and scarcely was the declaration of war made than he hastened over the frontier line and seized on the British village of Sandwich. There he issued a bragging proclamation, calling on the "oppressed" Canadians to abandon the despotism of kingship and become free citizens of free America. To meet the invasion, the British had in Canada only about four thousand regulars, and the militia might number as many more. To make worse of the matter, the Commander-in-Chief, Sir George Prevost, was a very inefficient officer. But Major-General Brock sent orders to the British officers at Fort St. Joseph to attack the American port of Michilimachimac, which he did on the 17th of July, a month after the American declaration of war. The place was taken, with sixty prisoners and seven pieces of artillery. This raised the courage of the Indians in that quarter, who had long thirsted for revenge of the continual injuries received from the Americans, and they called on their different tribes to arm and support the British. At the news of the capture of Sandwich by Hull, Brock sent Colonel Procter to Fort Amherstberg to operate against him. He also followed quickly himself, and found Procter besieging Hull in Fort Detroit, to which he had retreated across the border. By the 10th of August he compelled Hull to surrender with his two thousand five hundred men and thirty pieces of artillery. Not only Fort Detroit and a fine American vessel in the harbour were taken, but, by the capitulation, the whole of the Michigan territory, which separated the Indian country from Canada, was ceded to us, much improving our frontier.The majority obtained on their Irish policy was about the number the Ministry could count upon on every vital question. It was not sufficiently large to exempt them from the imputation of holding office on sufferance; but if they were defeated, and were succeeded by the Conservatives, the new Government, it was plain, could not hope to exist even on those terms; while Lord Melbourne had this advantage over Sir Robert Peel, that he was cordially supported by the Sovereign. Having escaped the Irish ordeal, it might be supposed that he was safe for a considerable time. But another question arose very soon after, on which the Cabinet sustained a virtual defeat. The Assembly in Jamaica had proved very refractory, and, in order to avoid the evil consequences of its perversity, Mr. Labouchere, on the 9th of April, brought forward a measure which was a virtual suspension of the constitution of the island for five years, vesting the government in the Governor and Council, with three commissioners sent from England to assist in ameliorating the condition of the negroes, improving prison discipline, and establishing a system of poor laws. This measure was denounced by the whole strength of the Opposition. The question may be thus briefly stated. Before the Act of Emancipation in 1833, all punishments were inflicted on slaves by the domestics of the master, who was unwilling to lose the benefit of their services by sending them to prison. But when emancipation took place, that domestic power was terminated, and new prison regulations became necessary. The Colonial Legislature, however, persistently refused to adopt any, and continued a course of systematic resistance to the will of the supreme Government, whose earnest and repeated recommendations had been utterly disregarded. Under the apprenticeship system negroes were treated worse than they were under the old condition of slavery, because the planters knew that the time of enfranchisement was at hand. But though, when the hour of liberty, August 1st, 1840, was seen to be very near, the Jamaica Assembly voluntarily brought the apprenticeship system to a termination, they accompanied the measure with an angry protest against any interference by the British Parliament. It was contended, on the part of the Government, that if such a state of things were permitted to exist, the authority of Great Britain over its colonies would speedily be lost, and every little island that owed its political existence to the protection afforded by the Imperial Government, would, without scruple, set its power at defiance. Such being the state of the case, it might be supposed that no serious objection would be raised to the course adopted, in the interests of humanity and good government. But the Conservatives seized the opportunity for another party contest, and became quite vehement in their defence of the constitutional rights of the Jamaica planters. The debate was protracted for several nights, and counsel against the Bill were heard at great length. Eventually the division took place at five in the morning on the 6th of May, when the numbers were 294 to 289, giving the Government a majority of only five, which was regarded as tantamount to a defeat. On the 7th of May, therefore, Lord John Russell announced that Ministers had tendered their resignation, which was accepted by the Queen. He assigned as the reason for this step that the vote which had passed must weaken the authority of the Crown in the colonies, by giving support to the contumacy of Jamaica, and encouraging other colonies to follow its bad example. This obvious consideration rendered more painfully apparent the weakness of the Government, arising from division among its supporters; for if anything could have induced the different sections of the Liberal party to suppress their differences, it would have been the necessity of interposing, in the manner proposed by the Government, to shield the unhappy negroes from the oppression of their exasperated taskmasters. Indeed, in spite of various attempts to patch up the Cabinet, its members were at hopeless cross-purposes.[See larger version]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.On Tuesday, the 20th of June, the Commons entered on the consideration of the great Protestant petition, praying for the repeal of Sir George Savile's Act for the relief of Catholics. On this occasion Burke and Lord North went hand in hand. Burke drew up five resolutions, which North corrected. These resolutions declared that all attempts to seduce the youth of this kingdom from the Established Church to[271] Popery were criminal in the highest degree, but that all attempts to wrest the Act of 1778 beyond its due meaning, and to the unnecessary injury of Catholics, were equally reprehensible. In the course of July the rioters were brought to trial. Those prisoners confined in the City were tried at the regular Old Bailey Sessions; those on the Surrey side of the river by a Special Commission. The Lord Chief Justice De Grey, being in failing health, resigned, and Wedderburn took his place as Lord Chief Justice, under the title of Lord Loughborough. His appointment gave great satisfaction; but this was considerably abated by his speech at the opening of the Commission, in which he indulged in very severe strictures on the rioters, who had to appear before him as judge. Of the one hundred and thirty-five tried, about one half were convicted, of whom twenty-one were executed, and the rest transported for life. Amongst the convicted was Edward Dennis, the common hangman; but he received a reprieve. The trial of Lord George Gordon, who was foolishly accused of high treason, was postponed through a technical cause till the following January, when he was ably defended by Mr. Kenyon and Mr. Erskine; and the public mind having cooled, he was acquitted. Probably the conviction of his insanity tended largely to this result, which became more and more apparent, his last strange freak being that of turning Jew.
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