This was failing in loyalty towards England, who had refused to treat without its ally. The Emperor of Russia perceived it; he had thought the cabinet of London more inclined to conclude peace at any cost. The health of Fox was giving way, and his successors were likely to be less favorable to the demands of Napoleon. Alexander declared that he would not ratify the treaty negotiated by Oubril. This news arrived at Paris on the 3rd of September, 1806. On the 13th of the same month Fox expired in London, amiable and beloved to the last day of his life; ardently devoted to his friends, to freedom, to all noble and generous causes; a great orator and a great debater; feeble in his political conduct even in opposition, incapable of governing and of sustaining the great struggle which for so long agitated Europe. At his death the party of resistance resumed power in England. In Germany the secret of the negotiations with regard to Hanover had transpired; the disregard of sworn faith which Prussia had more than once practised during the war fell back upon herself with crushing weight. Napoleon thought nothing of his engagements; he had detached King Frederick William from his natural allies, and showed himself disposed to snatch from him the price of his compliance. The nation and the king had with great difficulty accepted the treaty negotiated by Haugwitz; indignation broke forth on every side. It had already betrayed itself for a few weeks past by numerous and violent pamphlets against the Emperor of the French and against the armies of occupation. Napoleon responded to them by a despotic and cruel act which was to bear bitter fruits. On the 5th August he wrote to Marshal Berthier:-- "My cousin,--I imagine that you have had the booksellers of Augsburg and Nuremberg arrested. My intention is that they should be indicted before a military tribunal, and shot within twenty-four hours. It is no ordinary crime to spread libels in places where the French army is stationed, in order to excite the inhabitants against it. It is a crime of high treason. The sentence shall set forth that wherever there is an army, the duty of the commander being to watch over its safety, such and such individuals convicted of having attempted to stir up the inhabitants of Suabia against the French army are condemned to death. You will place the criminals in the midst of a division, and you will appoint seven colonels to try them. You will have the sentence published throughout Germany." Only one bookseller of Nuremberg, named Palm, was arrested, and suffered the terrible sentence. Berthier never forgot the cruel necessity to which he had been subjected in ordering this odious procedure. "He makes us condemn under the penalty of being condemned ourselves," said General Hullin, in reporting the murder of the Duc d'Enghien.