TWO:Napoleon also exerted himself to excite a rebellion in Ireland. He was the more bent on this, because he saw that it was hopeless to make a direct descent on England itself. He had collected a great fleet in the harbours of Boulogne, Dieppe, Havre, Dunkirk, Ostend, and other smaller ports, many of them capable only of receiving the gunboats in which he proposed to transport his soldiers. He had assembled a very fine army on the heights above Boulogne, called the Army of England, and there continually exercised it, under the inspection of Soult, Ney, Davoust, and Victormen, the pride of his army; but he saw such powerful fleets crowding the Channel, blockading his very ports, cutting out, every now and then, some of his gunboats under the very batteries, and the war-ships of Britain even standing in and firing at him and his suite as they made observations from the cliffs, that, combined with the information that England was almost all one camp, he abandoned the project, for the present, in despair. But Ireland he deemed vulnerable, from the treason of her own children. He assembled all the Irish refugees in Paris, formed the Irish Brigade into the Irish Legion, and sent over active agents to arouse their countrymen in Ireland. Amongst these were Quigley and Robert Emmett, who had been engaged in the Rebellion of 1798. Quigley had been outlawed, and Emmett had been so deeply implicated in that Rebellion with his brother Thomas, who was banished, that he had found it necessary to quit the country. These emissaries soon collected around them, in Dublin, disaffected associates, amongst them being Dowdall, Redmond, and Russell. They formed a central committee, and corresponded with others in different towns, and especially with one Dwyer, who had also been in the former Rebellion, and had ever since maintained himself and a knot of desperate followers in the mountains of Wicklow. The Government received, from time to time, information of the proceedings of these foolish menEmmett being a rash youth of only twenty-two or twenty-three years of agebut they took no precautions; and when, on the 23rd of July, the eve of the Festival of St. James, these desperadoes rushed, at evening, into the streets of Dublin, armed with pikes, old guns, and blunderbusses, the authorities were taken entirely by surprise. There were from two thousand to three thousand soldiers in the Castle, but neither police, soldier, nor officer appeared till the mob had murdered Colonel Brown, who was hastening to the Castle to arouse the troops, and Lord Kilwarden, the Chief Justice, whom they dragged from his carriage as it passed, and killed, along with his nephew, but, at the same time, they allowed the Chief Justice's daughter, who was with them, to depart. Soon after thisbut not before the insurgents had severely wounded a Mr. Clarke, a manufacturer, who was riding to alarm the Castlethe soldiers appeared, and the mob fled at their very sight. The same day Russell had turned out at Belfast, and Quigley at Kildare, but with as little success. Emmett had escaped to the Wicklow mountains to join Dwyer; but having assumed the fatal disguise of French officers, the country people, who hated the French since their appearance under General Humbert, when they had ridiculed the Catholic religion, drove him and twelve of his companions back. In a short time, Emmett, Russell, Redmond, and others were all secured and executed. Dowdall escaped, with Allen and others, out of Ireland; Quigley and Stafford, one of his companions, were admitted as king's evidence, and thus escaped. The project of Napoleon had thus entirely failed, with the sacrifice of some of his leading agents.
TWO: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.Vigilant Stair had discovered the ships that had been prepared at Havre, by the connivance and aid of the late king, and he insisted that they should be stopped. Admiral Byng also appeared off Havre with a squadron, and Lord Stair demanded that the ships should be given up to him. With this the Regent declined to comply, but he ordered them to be unloaded, and the arms to be deposited in the royal arsenal. One ship, however, escaped the search, containing, according to Bolingbroke, one thousand three hundred arms, and four thousand pounds of powder, which he proposed to send to Lord Mar, in Scotland.
