CHAP. CLXXI. Lord Lough the French tion. taking a general sweep of all kingdoms and states-meddling, irritating, and insulting. To please them we are now to be involved in a war with Russia, without any provocation 1789-1792. and without any object? A tax has lately been imposed which deprives the labouring man of his most wholesome beverage, to defray the expenses of this wanton aggression. Do your lordships flatter yourselves that this can continue? -that by such resources you are to maintain a system of outrage, of conquest, and of depredation? I do not wish to enter into any general eulogium of the National Assembly borough's of France; but surely their unanimous and truly politic opinion of declaration that they will for ever avoid wars on speculative Revoluand theoretical points, ought to have suggested to us a wiser Feb. 27. course. The revolution in France presents to us the means 1792. of reducing our establishments, of easing the public burdens, and of securing to us for a length of years the blessings of peace." Afterwards he strongly supported Lord Porchester's motion for a vote of censure on Mr. Pitt, for the armament against Russia, saying, "I rejoice that the negotiation has terminated amicably; but it now becomes necessary to inquire whether arming the country was necessary, and what good end it has answered? I admit that this country has an interest in the affairs of the Continent, and in the conduct of Russia towards the Porte; but when you had armed, you receded. It is impolitic to drum to arms, and to be afraid to strike a blow. In my humble opinion an armament and the intention to use it ought never to be disjoined. It appears that Ministers had resolved to abandon their object before the armament was nearly completed, and yet they continued to arm as if the safety of the State had been in peril." Mr. Pitt's conduct was so strongly blamed out of doors, that the Opposition in the Lords, by Lord Loughborough's advice, now ventured to divide; but they could only muster 19 to 98. * Lord Chancellor Thurlow, with the view of rescuing Warren Hastings from his troubles, having contended very May 16. 1791. He beats * 29 Parl. Hist 48. 96. CLXXI. CHAP. obstinately that an impeachment by the House of Commons abates on a dissolution of Parliament, our Chief Justice not only gained a great victory in argument, but, being supported by the opinions of Lord Camden and Lord Mansfield, actually carried the question by a majority of 66 to 18*; so Hastings's that the impeachment dragged its slow length along, till he himself was actually on the woolsack. Thurlow on the question, whether impeach ment had abated by the dissolu liament. The Attorney General of Lord North was now under the tion of Par- auspices of Mr. Fox, the warm supporter of all liberal measures, and was running a similar cycle to that which had astonished mankind, when, after leaving Lord Bute and Toryism, he had gained the loud applause of Lord Chatham by standing up so boldly for "Wilkes and liberty." Lord Loughborough a strong liberal, May 31. 1791. He sup ports Catholic emancipation. 1791, 1792. Libel Bill. He spoke strongly in favour of the Roman Catholic Relief Bill†, although it is now certain that when he became the keeper of the King's conscience, he poisoned the royal mind by scruples about the coronation oath, and that he obstructed the policy which he at this time supported. To another measure which fortunately was then actually And Fox's passed, he gave very effective aid-without which it must have been defeated-Mr. Fox's famous bill for declaring the right of juries to decide the question of "libel or no libel ?” Although Mr. Pitt, still a liberal and constitutional Minister, was favourable to it, his wayward Chancellor most furiously opposed it,—and, sad to relate! he was backed by the whole body of the Judges. In all the stages of the bill during two sessions, Lord Loughborough gallantly defended it by the side of the venerable Camden, to whose consistent and pure love of liberty-ever to be held in reverence-this constitutional triumph is mainly to be ascribed. These were the most striking observations of the occasional patriot:"The monstrous doctrine of the noble and learned Lord on the Woolsack, though meant to restrain the Press, is highly favourable to libellers. In the struggle between the judge and the jury, the guilt or innocence of the defendant is little thought of, and the jury heedlessly acquit him to show their † Ib. 682. *29 Parl. Hist. 523. 532 543. power. But they must be allowed to consider the intention of the publication;-otherwise the free and fair discussion of political subjects, and even texts of Scripture, may be construed into a libel. For my own part I have deemed it my duty to state the law as it bore on the facts, and to refer the combined consideration to the jury. Are the judges to say to the jury, Find the defendant guilty now, as he is proved to have published the writing complained of, and when he comes before us for sentence, we will tell you whether or not it is a libel.' It is the admitted maxim of law-'ad questionem juris respondeant judices, — ad questionem facti juratores;' but when the law and the fact are blended, it is necessarily and undoubtedly the right of the jury to decide. You say that jurymen are incapable of comprehending the character of a publication charged to be criminal, and that this must be referred to enlightened judges. At the Old Bailey an alderman of London is a co-ordinate judge with the Chief Justice of England. Nay, indictments for libel may be tried at Quarter Sessions, and fox-hunting squires being the judges, are exclusively to decide upon the literary production set forth as a libel. One absurdity follows another; it is well known that special jurors whom you disqualify are generally magistrates, and you would deprive them of all power when impanelled in the jury box,—while sitting on the bench you would make them decide the guilt and award the punishment."* CHAP. CLXXI. A. D. 1792. The Great Seal in commis sion. Lord But immediately after the passing of the Libel Bill events June 15. happened which greatly influenced the opinions and actions 1792. of Loughborough. Thurlow was dismissed from the office of Chancellor, and the Great Seal was put into the hands of Eyre, Ashurst, and Wilson as commissioners-obscure men, LoughSir Archibald leads the borough none of whom could aspire to the Woolsack. Macdonald, the Attorney General, having been promoted by alarmist mere family interest, looked no higher than the office of Chief Baron, then considered little better than a sinecure. Sir John Scott was Solicitor General, but he could not be put over the head of his superior officer. The Chief Justice * 29 Parl. Hist. 1294. 1299, 1428. 1535. Whigs to join Pitt. CHAP. CLXXI. of the Common Pleas saw that if by any means he could be reconciled to the existing Administration, the golden prize A. D. 1792. might after all be his own. Negotia. tion for transferring the Great Seal to Lord Lough borough. Mr. The times were propitious for such an overture. Pitt's reputation as a statesman had been a little tarnished by the "Russian Armament;"-and the Whig Aristocracy, always powerful in talent and in family connection, had been recovering their popularity, so that if they remained united they might be expected soon to be formidable rivals for office. Unhappily, they were divided upon the view to be taken of the French Revolution. The majority of the party, headed. by Fox, regarded it as a great regeneration in France, and likely to produce a salutary influence in other countries, by illustrating the beneficial consequences of a constitutional Monarchy, based upon the principles of popular representation and equal rights;—while a considerable section of them concurred with Mr. Burke in thinking it a conspiracy of spoliators and atheists, which, unless it were crushed, would first desolate the land where it broke out, and then throw into confusion the whole civilised world. Lord Loughborough, as we have seen*, had hitherto expressed nothing but approbation and hope when he discussed the proceedings of the National Assembly,- but he was now filled with apprehension and alarm; he declared in all companies, that in such a crisis-without regard to party considerations the hands of Government should be strengthened, for the purpose of guarding the nation against the imminent peril with which it was threatened; and he openly applauded, in his place in Parliament, the proclamation issued by the Government against seditious publications. A negotiation was now opened -one of the most important in our party annals, for upon the result of it depended, not merely the disposal of the Great Seal, but whether Fox or Pitt was to be Minister, and whether there was to be peace or war between this country and the new Republic of France? We have a very graphic account of it in the Diary of the Earl of Malmesbury, showing that it was chiefly conducted between * Antè, p. 217. CLXXI. Loughborough and Henry Dundas; that the Great Seal was CHAP. the bait by which the wily Chief Justice, leading on the alarmist Whigs, was to be lured; that he himself was eager A. D. 1792. to join the Government as soon as possible, but that the other side were not willing to receive him till he could bring a large number of converts in his train, and that great difficulties arose from a lingering regard of those who were inclined to follow him, and particularly of the Duke of Portland,for Mr. Fox*: : bury's Diary, giv ing an ac count of Lord "June 16. - Dundas first wrote, and then spoke, to Lord Lord Loughborough, expressing his wish that this temporary union Malmeswould become a permanent one. He held out four vacant places -the Chancellor (his own), the Secretary of State for Home Affairs, the President of the Council and Privy Seal - besides two or three Privy Councillors' places in the House of Commons, and Loughthe Lord Lieutenancy of Ireland. Lord Loughh took all this ad borough's intrigue. referendum, and was now come to talk it over with the Duke of Portland." "June 15.-The Duke of Portland related to me that Lord Loughh had the night before met Pitt at Dundas's; that he spoke with great openness and appearance of sincerity; that on Lord Lough.'s asking him whether the King knew it, Pitt said he did not come with the King's command to propose a coalition, but that he would be responsible it would please the King and the Queen, and that the only difficulty likely to arise was about Fox, and that difficulty entirely owing to Fox's conduct in Parliament during the last four months. That every thing else was entirely forgotten, and that he himself did not recollect, that in all their parliamentary altercations a single word had ever dropped from either of them to prevent their acting together without any fair reproach being made of a disavowal of principles, or an inconsistency of character," &c. "June 16.-Dinner at Lord Lough.'s, with Fox. While Lord Lough. was engaged with his company, I talked with Fox, and afterwards carried him to Burlington House. He had not heard of the last meeting with Pitt, and did not make While these negotiations were going on, Harry Dundas said to an old friend," Wedderburn would now give all he has in the world not to have framed the York Resolutions [while he was a patriot]: he knows that the King will never forgive him for that." Lord Loughborough's present Anti-Jacobin zeal made him well received at court; but George III. could not forget his conduct on the Regency, which made him more obnoxious even than the York resolutions, or his inflammatory speech at the Thatched House, when he was toasted as "Steward of the Chiltern Hundreds." |