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Of all the expectants of office in the Wellington Administration, the most bitterly disappointed was the ex-Chancellor, Lord Eldon, to whom official life had from long habit become almost a necessity. He had enjoyed power long enough in reason to admit of his retirement with a contented mind; but the passion for it was never stronger than at the present moment. He hastened to London a few days after Christmas on account of rumours of a dissolution of the Cabinet. Having so often done this when there was a talk of a Ministerial crisis, he was called the "stormy petrel." Believing that he had mainly contributed to bring about the Ministerial catastrophe, he was dreadfully mortified when he saw in the newspapers the list of the new Ministers beginning thus: "Chancellor, Lord Lyndhurst." He had not set his heart this time on the office of Lord Chancellor, he would have been content with the Presidentship of the Council or Privy Seal; but his name was not found in the list at all, nor had he been consulted in any way, or informed about what was going forward during the fortnight that passed before the Ministerial arrangements were completed. This utter neglect of his claims excited his anger and indignation to the utmost, and caused him to indulge in bitter revilings and threats against the new Cabinet. The great Tory lords shared in his resentment, and felt that they were all insulted in his person. Referring to the Ministerial arrangements, he wrote:"You will observe, Dudley, Huskisson, Grant, Palmerston, and Lyndhurst (five) were all Canningites, with whom the rest were three weeks ago in most violent contest and opposition; these things are to me quite marvellous. How they are all to deal with each other's conduct, as to the late treaty with Turkey and the Navarino battle, is impossible to conjecture. As the first-fruits of this arrangement, the Corporation of London have agreed to petition Parliament to repeal the laws which affect Dissenters."

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THREE:[See larger version]The French had always beheld with jealousy our possession of the island of Minorca, which had been won by General Stanhope in 1708, and secured to us by the Peace of Utrecht. That England should possess the finest port in the Mediterranean, and that so near their own shores, was a subject of unceasing chagrin. The miserable administration of British affairs, the constant attention to the interests of Hanover instead of our own, now inspired France with the resolve to snatch the prize from us. Great preparations were made for this object, and the report of these as duly conveyed to the English Ministers by the consuls in both Spain and Italy, but in vain. At length the certainty that the French were about to sail for Minorca burst on the miserable Ministers; but it was too latethey had nothing in readiness. The port of Mahon was almost destitute of a garrison; the governor, Lord Tyrawley, was in England; and the deputy-governor, General Blakeney, though brave, as he had shown himself at the siege of Stirling, was old, nearly disabled by his infirmities, and deficient in troops. What was still worse, all the colonels were absent from the regiments stationed there, and other officers alsoaltogether thirty-five!

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THREE:The manner in which Hastings had executed the orders of the Directors in this business showed that he was prepared to go all lengths in maintaining their interests in India. He immediately proceeded to give an equally striking proof of this. We have seen that when the Mogul Shah Allum applied to the British to assist him in recovering his territories, they promised to conduct him in triumph to Delhi, and place him firmly on the grand throne of all India; but when, in consequence of this engagement, he had made over to them by a public grant, Bengal, Bahar, and Orissa, they found it inconvenient to fulfil their contract, and made over to him Allahabad and Corah instead, with an annual payment of twenty-six lacs of rupeestwo hundred and sixty thousand pounds. The payment of this large sum, too, was regarded by the Company, now in the deepest debt, as unnecessary, and Hastings had orders to reduce it. It appears that the money was at no time duly paid, and had now been withheld altogether for more than two years. The Mogul, thus disappointed in the promises of restoration by the English, and now again in the payment of this stipulated tribute, turned to the Mahrattas, and offered to make over the little provinces of Allahabad and Corah, on condition that they restored him to the sovereignty of Delhi. The Mahrattas gladly caught at this offer, and by the end of the year 1771 they had borne the Mogul in triumph into his ancient capital of Delhi. This was precisely such a case as the Directors were on the watch for. In their letter to Bengal of the 11th of November, 1768, they had said: "If the Emperor flings himself into the hands of the Mahrattas, or any other Power, we are disengaged from him, and it may open a fair opportunity of withholding the twenty-six lacs of rupees we now pay him." The opportunity had now come, and was immediately seized on by Hastings to rescind the payment of the money altogether, and he prepared to annex the two provinces of Allahabad and Corah. These were sold to the Nabob of Oude for fifty lacs of rupees. This bargain was settled between the vizier and Hastings at Benares, in September, 1773.

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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.
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