FORE:Notwithstanding the real outbreak of the war, Congress yet professed to entertain hopes of ultimate reconciliation. When the reinforcements had arrived from England, and it was supposed that part of them were destined for New York, it issued orders that, so long as the forces remained quiet in their barracks, they should not be molested; but if they attempted to raise fortifications, or to cut off the town from the country, they should be stoutly opposed. When the news of the surprise of the forts on the Lake Champlain arrived, Congress endeavoured to excuse so direct a breach of the peace by feigning a belief in a design of an invasion of the colonies from Canada, of which there was notoriously no intention, and they gave orders that an exact inventory of the cannon and military stores there captured should be made, in order to their restoration, "when the former harmony between Great Britain and her colonies, so ardently wished for by the latter, should render it consistent with the overruling law of self-preservation." After the battle of Bunker's Hill, Congress still maintained this tone. On the 8th of July they signed a petition to the king, drawn up by John Dickinson, in the mildest terms, who, when to his own surprise the petition was adopted by the Congress, rose, and said that there was not a word in the whole petition that he did not approve of, except the word "Congress." This, however, was far from the feeling of many members; and Benjamin Harrison immediately rose and declared that there was but one word in the whole petition that he did approve of, and that was the word "Congress." The petition to the king expressed an earnest desire for a speedy and permanent reconciliation, declaring that, notwithstanding their sufferings, they retained in their hearts "too tender a regard for the kingdom from which they derived their origin to request such a reconciliation as might be inconsistent with her dignity or welfare." At the[220] same time, they resolved that this appeal, which they called "The Olive Branch," should, if unsuccessful, be their last. They could hardly have expected it to be successful.Whilst these events had been progressing, the Ministry had entered into a combat with the great unknown political essayist, Junius. Junius had advanced from Sir William Draper to the Duke of Grafton, and from the Duke of Grafton to the king in his sweeping philippics. For these daring censures, Woodfall, the printer of the Public Advertiser, was tried, and also Almon, the publisher of the London Museum, a monthly periodical, for reprinting the libel there. Almon was convicted of publishing, and sentenced to pay a fine of ten marks, and give security for his good behaviour for two years, himself in four hundred pounds, and two sureties in two hundred pounds each. He moved in vain for a new trial. Woodfall was convicted of "printing and publishing only;" but he obtained an order for a new trial, on the ground of the phrase "only" being ambiguous. But the circumstance which excited the attention and turned the resentment of both Liberal statesmen and the people was, that Lord Mansfield on these trials had instructed the juries to confine themselves to the facts alone, and to leave the question of legality to the judges. This was properly declared a dangerous infringement of the rights of juries, and calculated to make their verdicts merely the servile echoes of the dicta of the judges. Lord Chatham, on the 28th of November, denounced in the Peers this dictation of the judge to the juries. Serjeant Glynn, at the same time, moved in the Commons for an inquiry into the administration of justice in Westminster Hall, where such unconstitutional instructions could be given. This occasioned a warm debate, in which Burke, Dunning, and others, ably defended the public rights. The motion was negatived.
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