[23] [Sir John Yarde Buller moved a resolution that 'Her Majesty's Government, as at present constituted, does not possess the confidence of this House,' which was defeated after a long debate by 308 votes to 287.] January 31st, 1840 {p.261} Macaulay's speech, which was said to be a failure, reads better than Sir George Grey's, which met with the greatest success--the one fell flat upon the audience, while the other was singularly effective. So great is the difference between good manner and bad, and between the effect produced by a dashing, vivacious, light, and active style, and a ponderous didactic eloquence, full of matter, but not suited in arrangement or delivery, and in all its accessory parts, to the taste of the House. [Page Head: THE MONMOUTH CONVICTS.] The question of sparing the lives of the Monmouth prisoners or not is everywhere discussed, with an almost general opinion that, under all the circumstances, the Government cannot let the law take its course. It is impossible for any reasoning to be more fallacious, because, if pushed to its just conclusion, it must result that they ought to escape altogether, which nobody expects or desires. The case has been very curious from the beginning; and end how it may, no criminals ever had so many chances afforded them of escape; never were there nicer points for the decision of different people or different stages of the business, or more blunders committed by almost all concerned. In the first place, Maule, the Crown solicitor, failed to comply with the letter of the Act, and did not furnish the prisoners with lists of the jury and the witnesses _at the same time_ ten days before the trial. He gave them one list ten days before, and the other fifteen days before. The Attorney-General was aware of the fact, and aware that a question would arise upon it; the judges appointed to the special Commission were apprised of it by their Associates, and they communicated with each other upon it. They considered whether they should convey the expression of their doubts upon this point to the Government, so that the difficulty might be rectified; but they agreed that their duty was to try the cause, and not to interfere in any way whatever, and they accordingly held their peace. It was in the power of the Attorney-General to postpone the trial for ten days, which would have removed every difficulty and objection, but he was so certain that the objection could not be maintained, that he would not do so, and chose to run the risk, unwisely, as it has turned out. The trial came on, and the counsel for the prisoners, instead of urging the objection _in limine_, suffered them to plead; whereas, if they had refused to plead, they would have escaped altogether.[24] The trial proceeded; they were found guilty, and recommended to mercy, but the Chief Justice never asked the jury upon what grounds, leaving it doubtful whether the