The king, in the first instance, applied to Lord Shelburne to form a Ministry; but he was bound by engagements to Wentworth House, and honourably refused to take the lead. George then tried Lord Gower as ineffectually, and so was compelled to send for Lord Rockingham, who accepted office, on the condition that peace should be made with America, including the acknowledgment of its independence, if unavoidable; administrative reform, on the basis of Mr. Burke's three Bills; and the expulsion of contractors from Parliament, and revenue officers from the exercise of the elective franchise. The king stood strongly on the retention of Lord Chancellor Thurlow and Lord Stormont in their offices. Rockingham, with reluctance, conceded the retention of Thurlow, but refused that of Stormont. The choice of Lord Rockingham was such as could only have been made where family influence and party cliques had more weight than the proper object of a Ministerthe able management of national affairs. Rockingham, though a very honourable man, was never a man of any ability, and though now only[288] fifty-two, his health and faculties, such as they were, were fast failing. Besides this, there was a violent jealousy between him and Lord Shelburne, who became his colleague, and brought in half of the Cabinet. The shape which the Ministry eventually assumed was this:Lord Rockingham became First Lord of the Treasury and Premier; the Earl of Shelburne and Charles Fox, Secretaries of State; Thurlow, Lord Chancellor; Camden, notwithstanding his age, President of the Council; Duke of Grafton, Privy Seal; Lord John Cavendish, Chancellor of the Exchequer; Keppelmade a viscountFirst Lord of the Admiralty; General Conway, Commander of the Forces; the Duke of Richmond, Master-General of Ordnance; Dunningas Lord AshburtonChancellor of the Duchy of Lancaster. Burke was not admitted to the Cabinet, for the Whigs were too great sticklers for birth and family; but his indispensable ability insured him the Paymastership of the Forcesby far the most lucrative office in the hands of Government, but the salary of which he was pledged to reduce by his Bill. Pitt was offered a place as Lord of the Treasury; but he had already declared, on the 8th of March, on the debate on Lord John Cavendish's motion, that he would never accept a subordinate situation. Dundas remained in office, as Lord Advocate, and John Lee was made Solicitor-General. Such was the new Administration: it embraced, as leaders, five Rockinghamites and five Shelburnites. The eleventh member of the Cabinet, Thurlow, belonged to neither side, but was the king's man. Fox saw himself in office with him with great repugnance, and Burke felt the slight put upon him in excluding him from the Cabinet.The British during this year were engaged in a variety of enterprises, and in very different and distant parts of the world, with a success as various. The most remarkable undertaking was the defence of Lower Calabria, which showed what might be effected by British soldiers, if employed in sufficient numbers, and under able commanders. We have already sketched the attempt by a small Russian army and a smaller British one to support Ferdinand of Naples in his kingdom against the French. As General St. Cyr came back upon them, followed by Massena, with altogether sixty thousand men, the seven thousand of British and Russians were obliged to retreat, the Russians embarking for Corfu, and the British crossing over into Sicily, whither the Neapolitan Court had fled, taking up its residence at Palermo.A remarkable conflict took place this year between the jurisdiction of the House of Commons and that of the Court of Queen's Bench, which excited great interest at the time, and has important bearings upon the constitutional history of the country. The following is a brief narrative of the facts out of which it arose:In the year 1835 a Bill was proposed in the House of Lords by the Duke of Richmond for the purpose of appointing inspectors of prisons. The inspectors were appointed, and, in the discharge of their duty, reported on the state of Newgate. The House ordered the report to be printed and sold by the Messrs. Hansard. In this report it was stated that the inspectors of that gaol found amongst the books used by the prisoners one printed by John Joseph Stockdale in 1827, which they said was "a book of the most disgusting nature, and the plates are obscene and indecent in the extreme." On the 7th of November, 1836, Stockdale[469] brought an action for libel against the Messrs. Hansard for the sale of this report, which was alleged to be false. Sir John Campbell, who was counsel for the defendants, argued that the report was a privileged publication, being printed by the authority of the House of Commons, and on that ground they were entitled to a verdict. But Lord Denman, in his charge to the jury, said: "I entirely disagree from the law laid down by the learned counsel for the defendants. My direction to you, subject to a question hereafter, is, that the fact of the House of Commons having directed Messrs. Hansard to publish all the Parliamentary Reports is no justification for them, or for any bookseller who publishes a Parliamentary Report containing a libel against any man." In addition, however, to the plea of "Not Guilty," there was a plea of justification, on the ground that the allegations were true, and on this the jury found a verdict for the defendants. On the 16th of February, 1837, the Messrs. Hansard communicated the facts to the House of Commons. A select Committee was consequently appointed to examine precedents, and report upon the question of its privileges in regard to the publication of its reports and other matters. They reported in favour of the privilege which would protect any publication ordered by the House of Commons, and resolutions based upon the report were adopted.
