ONE: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."I have never especially liked you," Cairness decided, for his part, "and I can't say that you improve upon acquaintance, you know. You wrote those articles about Landor, and that's one I owe you."
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ONE:"And youwhat did you say?" asked Landor. He was a little surprised to find how anxiously he[Pg 26] waited, and the extent of his relief when she answered, "I told him to let me be, or I would set them loose on him."Such were the difficulties under which Congress and Washington had been struggling through this winter to raise and keep together any considerable force; whilst General, now Sir William Howe, had been completely dozing at New York. The first movements of Howe were to execute several detached evolutions, and a vast quantity of stores were destroyed. As a retaliation, the Americans sent Colonel Meigs over to Long Island, to a place called Sag Harbour, where the English had a great quantity of provision stores, which they learned were very remissly guarded. Meigs, who had been trained under Arnold, conducted the enterprise very adroitly. He passed the Sound in whale-boats in the night, landed without much difficulty before the break of day, and began to fire the magazines. He met with a brave resistance from the crews of the merchants' vessels; but, having two hundred men, and there being no soldiers to oppose him, he destroyed twelve of the trading vessels, took ninety prisoners, and returned triumphantly without the loss of a single man. In the meantime, Washington had quitted his encampment at Morristown, and taken up a strong position at Middlebrook, about twelve miles from Princeton. On the 13th of June[238] Howe at last marched out of New Brunswick to attack him. On this, Washington called to his assistance a great part of the troops in the highlands, the whole force of the Jersey militia, whilst Arnold, who had the command at Philadelphia, was actively engaged with Mifflin in preparing defences for the Delaware. The object of Howe was to draw Washington from his entrenchments, certain that, on fair ground, it would require little exertion to totally dissipate his army; therefore, after marching up almost to the American lines, he commenced a retreat, evacuated even New Brunswick, and fell back to Amboy. Washington fell into the snare; he sent a strong force in pursuit of Howe, who, keeping up the ruse, threw a bridge over the narrow strait which divides Staten Island from the mainland, and sent over part of his baggage and a number of troops. Satisfied then that Howe was bent on resuming his old quarters at New York, Washington quitted his camp, which had cost him so much labour to create, and descended with his main body to Quibbletown. On seeing this, Howe advanced again, and dispatched several bodies of soldiers by different routes, to get, if possible, between Washington and his old post on the hills, so as to bring him to an engagement on the plain. Washington instantly became aware of his design, and retreated with all speed. Lord Cornwallis, who led the British van, notwithstanding, managed to come up with him, and fell upon a division of three thousand strong, advantageously posted, and defended with cannon. Cornwallis's charge, however, threw him into confusion, the rout became general, and the British pursued them as far as Westfield, when, coming to a woody country, and the heat of the day being intense, they halted for the night. This halt was the salvation of Washington: it enabled him to regain his old fortified post in the hills, leaving behind him part of his cannon, and about two hundred men killed.
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