condemn any man by bill of attainder without hearing him. But though the Parliament cannot take any man's private property, yet every subject must make contribution: and this he consents to do by his representative. Notwithstanding the King, Lords, and Commons could in ancient times tax other persons, they never could tax the clergy." He then goes on to consider the case of the counties palatine, of Wales, and of Berwick, showing that they never were taxed by Parliament till they sent representatives to the House of Commons; observing, that the Irish tax themselves, and that the English Parliament could not tax them. But," said he, even supposing that the Americans have no exclusive right to tax themselves, it would be good policy to give it them, instead of offensively asserting a power which you ought never to have exercised. America feels that she can do better without us than we can without her." This was Lord Camden's first speech in the House of Lords.

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Lord Northington, leaving the woolsack, commenced in a tone most insulting to the new Peer, and, what was much worse, most insulting to the people of America,-Benjamin Franklin being a listener below the bar :

:

"I did not intend," said he, "to trouble your Lordships in this debate, but hearing doctrines laid down so new, so unmaintainable, so unconstitutional, so mischievous, I cannot sit silent. Such paradoxes are the result of a heated imagination, accompanied by a facility of utterance and readiness of language. The noble and learned Lord lays it down that the Americans have an exclusive right to impose taxes on themselves. He is to lay down the law for them, and the British Parliament is not to interfere with them. With great submission to the noble and learned Lord, I believe that all except himself will admit that every government can arbitrarily impose laws on all its subjects; there must be a supreme dominion in every state, whether monarchical, aristocratical, democratical, or mixed to that supreme dominion all must bend. The noble and learned Lord has endeavoured to distinguish between the civil power of government and its casuistical power. Every legislature ought to make laws for the safety and the benefit of the whole but, my Lords, suppose they make a law contrary to this principle, a resistance to such law is at the risk of life and fortune." [After touching upon the power to tax the clergy, and the other illustrations introduced, he proceeded :] "My Lords, I seek for the liberty and constitution of this kingdom no farther back than the Revolution: there I make my stand: and in the reign of King William an act passed avowing the power of this legislature over the colonies. As to the expediency of carrying the Stamp Act into exe

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REPEAL OF THE STAMP ACT.

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cution, does the noble and learned Lord mean that the King has a dispensing or suspending power? The King is sworn by his coronation oath to execute all the laws of this realm. Then the noble and learned Lord would get rid of it by a repeal, but if you should concur with his Lordship in the expediency of repeal, you will tell twelve millious of your subjects of Great Britain and Ireland that you prefer to them the colonists who have got rich under their protection, and you will soon have these colonies at your doors, not merely besieging you as now with petitions, but using the 'argumentum baculinum.' What, my Lords, have these favourite Americans done? They have called a meeting of their States, and then have entered into resolutions by which, in my opinion, they have forfeited all their charters. But, my Lords, the nature of the Stamp Act seems to be mistaken. It binds all the colonies to contribute to the expense of the general government incurred in defending them, but it does not control the power each province has to lay internal taxes for local purposes. How could the Americans have acquired the exemption which they claim? If all the great lawyers in Westminster Hall should give an opinion that the King could grant the territory of North America, none could say that the King could put the grantees out of their subjection to the summum imperium of Great Britain. My Lords, the colonies are become too big to be governed by the laws they at first set out with. They have, therefore, run into confusion, and it will be the policy of this country to form a plan of laws for them. If they withdraw allegiance, you must withdraw protection; and then the little state of Genoa or of San Marino may soon overrun them." d

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This coarse invective, the first of the sort delivered in Parliament against "the Rebels," though sure to gratify the King and the King's friends," was so very indiscreet, and was so evidently calculated to produce resentment and resistance on the other side of the Atlantic, that not only Lord Rockingham and his Whig colleagues were appalled by it, but it gave uneasiness to all moderate Tories who had approved of the Stamp Act, and were still desirous of supporting it.

Lord Mansfield immediately followed, in the hope of repairing or mitigating the mischief; and, notwithstanding his habitual self-command, was unable to conceal his mortification. Thus he gently disclaimed the diatribe of the Chancellor: “I stand up, my Lords, to bring your Lordships to the question before you, which is, whether the proposition enunciated by the noble Duke as to our right to make laws to bind the co

d 16 Parl. Hist. 161-177.

e The Duke of Grafton, who moved the resolution.

lonies is, according to what appears from our law and history, true, or not true? It is out of the question whether it was, or was not, expedient to pass the law; whether it be, or be not, expedient to repeal it. Out of this question, too, are the rules which are to guide the legislature in making a law. This law is made, and the question is, whether you had a right to make it?" Without farther reference to the Chancellor, he then goes on, with much calmness, and with arguments to which I have never been able to find an answer, to deny, as far as the power is concerned, the distinction between a law to tax and a law for any other purpose. The resolution was agreed to, but this debate marred the effect of the repeal of the Stamp Act, and gave a great "shake" to the Rockingham administration, by showing that their conciliatory policy was distasteful to the Court.

The Lord Chancellor seems to have remained quiet for the rest of the session, and not even to have spoken when the House of Lords, very properly, rejected the bill passed by the Commons, declaring "General Warrants" to be illegal; leaving this question to be decided (as it was satisfactorily) by the Courts of Common Law.

Soon after the prorogation, it was evident that a political crisis was at hand. The immediate cause of the dismission of the ministry is attributed to an intrigue of the Lord Chancellor Northington, who had long contemplated their feeble state, and meditated their overthrow.' He had now personal as well as courtier-like reasons for wishing that there might be a revolution in the cabinet. Those legs, of which he had taken such bad care in his youth, refused to carry the Chancellor any longer between the woolsack and the bar, and he was desirous of making the repose which they demanded as comfortable as possible. His attacks of gout had been of late so frequent and severe, that he found he could not longer hold the Great Seal; yet he was unwilling to retire into private life, and he thought that, in taking an active part in forming a new administration, he should be able to make a good bargain for himself. It may seem strange that he hoped to accomplish his object under the auspices of Mr. Pitt, who had been so odious at Court after his quarrel with Lord Bute, and had expressed a strong opinion against taxing America. But here begins the period of the life of that most illustrious patriot which is the least to his credit. Piqued that there should be a Whig go

f 1 Adolphus, 225.

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vernment in which he was not included, instead of supporting it, he had publicly said, "Lord Rockingham has not my confidence ; "s and, from his belligerent tendencies, there was an expectation that, if he were once in office, he might be induced to take part against the Americans, and to use the neces→ sary force for subduing them. There is no such bond of political union as a common dislike of the minister. This makes all difference of principle and all past quarrels to be forgotten. George III. and the "Great Commoner" being equally desirous of getting rid of Lord Rockingham, there had been much coquetry between them during some months, and, for the nonce, there was actually considerable good will. Lord Northington was well aware of these reciprocal feelings, and determined to take advantage of them.

The occasion which he seized for effecting his purpose was the preparation of a Code for the government of Canada. A proclamation had issued in 1764, by which all the laws of England were introduced into the French provinces ceded by the peace of Paris; but this rash experiment (as might have been foreseen) caused general discontent and confusion. The papers relating to the disputes had, according to custom, been laid before the Attorney and Solicitor-General-most able men— Charles Yorke, and De Grey; and they had prepared a very masterly report for the consideration of the cabinet-proposing to leave to the natives their ancient rights of property and civil laws, and to temper the rigour of their criminal procedure by the more equitable and liberal system of English jurisprudence. Soon after the commencement of the recess a cabinet was called to consider this report, and, the Chancellor being confined by a fit of the gout, the meeting took place at his house in Lincoln's Inn Fields. Contrary to his good-humoured and courteous, though blunt and careless manner, he was exceedingly cross and peevish on this occasion, and found fault with every body and every thing. He complained that he had been slighted in the affair by Mr. Attorney and Mr. Solicitor; he bitterly criticised and abused their performance; and he concluded by giving an opinion that no proposition on the subject could be sanctioned by the cabinet until they had procured a complete digest of all the existing laws of Canada,—which would occasion a delay of at least a whole year. His col

8 Lord Rockingham's position, at this time, bears a considerable resemblance to that of

Mr. Canning in 1827, when the ultra-Tories and Lord Grey coalesced to eject him.

leagues believed that his waywardness proceeded from the bodily anguish he was suffering, and the meeting broke up without coming to any definitive resolution. Next day he refused to attend another cabinet (as they still supposed) from his great toe being more painful. The rest of the ministers considering the matter very pressing,--that there might not be disturbances at Quebec, as well as at Boston, held two more meetings without him at the Duke of Richmond's house at Whitehall. The Attorney-General, who had taken the chief part in framing the Report, being summoned to attend, gave ample information on the principles by which he was guided, and proposed that it should be sent to Quebec for the inspection and consideration of Governor Carleton and the Colonial Crown lawyers, with instructions to return it corrected, according to their judgment, so that it might be in all respects suited to the circumstances and feelings of the province. Every difficulty seemed obviated. In consequence Lord Egremont, in whose department the business more immediately was, and who had recommended the summoning of the Attorney and Solicitor-General, went out of town, declaring his willingness to confide his judgment to their decision. Mr. Attorney, thinking all his cares over till the Morrow of All Souls, and the re-assembling of parliament should again make him wish that he could be divided into ten portions to be working in ten places at once, retired into the country to enjoy the repose of the long vacation.

But the Lord Chancellor, when he heard at night of this last meeting of the Cabinet, loudly exclaimed," By G-, they shall never meet again!" Next morning, repairing to Richmond, he informed the King "that the Ministers could not go on, and that at all events he himself must resign the Great Seal, and would attend Cabinet Councils with Lord Rockingham no longer." He concluded by advising his Majesty to send for Mr. Pitt,-holding out hopes that there was a change in him, and that he might now be found more pliant and accommodating. The King, without considering too curiously what might follow, being delighted with the prospect of getting rid of the men who had repealed the Stamp Act, and had induced Parliament to condemn the proceedings against Wilkes, very willingly adopted this advice, and they manufactured the following letter to "the Great Commoner: