FORE:The House of Commons received the speech with enthusiasm, and carried up an address of thanks in a body. Very different, however, was the reception of the speech in the House of Lords. Lord Wharton proposed that in the address they should declare themselves against a separate peace, and the Duke of Marlborough supported that view. He said that for a year past the measures pursued were directly opposed to her Majesty's engagement with the Allies, had sullied the glories of her reign, and would render our name odious to all nations. Lord Strafford, who had come over from the Hague purposely to defend the Government policy, and his own share in it at Utrecht, asserted that the opposition of the[6] Allies would not have been so obstinate had they not been encouraged by a certain member of that House who corresponded with them, and stimulated them by assurances that they would be supported by a large party in England. This blow aimed at Marlborough called up Lord Cowper, who directed his sarcasm against Strafford on the ground of his well-known illiterate character, observing that the noble lord had been so long abroad that he had forgotten not only the language but the constitution of his country; that according to our laws it could never be a crime in an individual to correspond with its allies, but that it was a crime to correspond, as certain persons did, with the common enemy, unknown to the allies, and to their manifest prejudice. The amendment of Lord Wharton, however, was rejected, and the protest, entered against its rejection by twenty peers and bishops, was voted violent and indecorous, and erased from the journal.Cairness slid to the ground, still holding her close, and set her upon her feet at once. He had not so much as tightened the grasp of his arm about her, nor held her one-half second longer than there was absolute need.
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FORE:
10, January, 2014
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14, January, 2014
10, January, 2014
10, January, 2014
10, January, 2014
FORE: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.