fure, the subsequent steps taken by the house would no doubt have been deemed perfectly regular, as analogous to the fpirit of former decifions, conformable to the general powers of adjudication vefted in the house, and neceffarily flowing from the original and established parliamentary right of expulfion.

In the famous cafe of Sir Robert Walpole, expelled the houfe, A. D. 1711, for "breach of truft and corruption," and re-elected for the borough of Lynn Regis, the house refolved, that he was incapable of fitting in that parliament, though they did not on that occafion venture to declare Mr. Taylor, the candidate next upon the poll, duly elected. But in the cafe of ferjeant Comyns, who, being returned for the borough of Malden in the year 1715, had refufed to take the qualification oath, the house more confiftently determined that the votes given to Comyns were loft, and that Mr. Tuffnell, next upon the poll, was duly elected. And in the cafe of Bedford, 1727, the houfe, in conformity to the former decifion, declared Mr. Orlebar duly elected, though inferior by no less than two hundred and twenty-five votes on the face of the poll to Mr. Ongley, who was previously difqualified by holding the office of commiffioner of the cuftoms. From thefe authorities combined, a complete precedent might therefore be formed; the firft affirming that a member once expelled could not fit in the fame parliament; the two latter, that votes given to a disqualified person were abfolutely, and to every elective purpose, null and void. But if no precedents could have been adduced, the reason of the thing would evidently have dictated to the house fuch a decifion as was effential to the dignity and confiftency of their own jurisdiction, and to the avoidance of an abfurdity so palpable and ridiculous, as would be the doctrine now for the first time promulgated, that parliament had a right to expel in infinitum, and the electors a right to re-elect in infinitum. It must nevertheless be acknowledged, that a discretionary power of expulfion is liable to be perverted to very bad pur

pofes,

pofes; and therefore it was judged proper by an act paffed in the course of the enfuing feffion, to fpecify the offences which fhall in future render incapacitation the neceffary refult of expulfion and thus, enftead of encroaching on the rights of the people in matters of election, this obnoxious house of commons did in reality fix legal and definite boundaries to their own power.

To charge therefore, as many fcrupled not to do, in confequence of their determined conduct in this ill-fated contest, the minifters of the crown with a premeditated defign to fubvert the conftitution would be very unjuft; though it may fairly be confidered as difplaying a moft dangerous excess of complaisance to the crown on the part of the commons, precipitately to involve themselves in a quarrel with their conftituents, in order to gratify the intemperate refentment of the court against an obscure and unprotected individual, and as a cogent proof of the alarming influence of the executive power over the legislative body. The worst minifters of the crown during the present reign cannot indeed be reasonably fufpected of a defign fo extravagant as that which hath been. fometimes feriously afcribed to them, of raifing the prerogative above all control; but it is the characteristic of the prefent reign, that a wife government has been moft unwifely administered that high and arbitrary principles have been revived and acted upon-that the fpirit of toryifin, i. c. the fpirit of pride, of violence, and domination, has, with very fhort intervals, prevailed; and that the mild, the moderate, the conciliatory maxims of genuine whiggifm have been discountenanced and difcarded*.

VOL. I.

M

The

The

* November 17, 1768, died at a very advanced age the duke of Newcastle, who for inore than fifty years had occupied the greateft offices in the ftate. famous quadruple alliance was figned by this nobleman at Whitehall, July 22, 1718. He might, in the last years of his life, with propriety adopt the words of the poet

"I've been fo long remember'd, I'm forgot."

His grace was fucceeded in the chancellorship of the univerfity of Cambridge by the duke of Grafton. In the autumn of this year alfo died the most rev. Dr. Thomas

The house of commons proceeded, after the queftion of the Middlesex election was thus determined, to the usual bufinefs of the feffion, and thirty-three thoufand men were voted for the fea and land fervice of the year 1769. The charter of the Eaft-India company was prolonged for the farther term of five years, on conditions fimilar to the last agreement; but the company were now allowed to increase their dividend to twelve and a half per cent. during this term, provided they did not in any one year raise it above one per cent. On the other hand, fhould the dividend be reduced below the present standard of ten per cent. the ftipulated payment of 400,000l per annum to the public should be proportionally diminished; and if the dividend fhould fink to fix per cent. the payment to the public fhould wholly ceafe.

A meffage from the king was on the last day of February (1769) delivered to the house by the chancellor of the exchequer, acquainting them, that the arrears of the civil list amounted to the fum of 513,000l. and defiring the affistance of his faithful commons to discharge this heavy incumbrance. Such was the zeal and loyalty of the house, and such their unlimited confidence in his majefty's prudence and economy of expenditure, that on the 2d of March the fum required was granted, without any formality of investigation.

On

Thomas Secker, archbishop of Canterbury, which metropolitan fee, after the death of Dr. Herring, had been filled for a very fhort interval by Dr. Hutton, on whofe decease in 1758 this high dignity was conferred on Dr. Secker, then bifhop of Oxford; a prelate of a life rigidly virtuous, completely verfed in all branches of ecclefiaftical learning, but of a capacity by no means elevated, and whofe zeal was at least as confpicuous as his candor and judgment. His ardent defire to establish epifcopacy in America is well known; and if no fears and jealoufies had been entertained that the new bishops would have been invested with fome fort or degree of temporal jurifdiction, the plan would not have been oppofed by the Americans, who declared, that they objected not to the introduction of bishops, but they were determined not to aimit of LORD BISHOPS. Bishops on the primitive model, unconnected with the ftate, have been fince the revolution introduced into the different provinces, even of New England itfelf, without exciting the flightest alarm or apprehenfion. In the character of Secker, though in many refpects excellent, we may look in vain for the benignity, the liberality, the generous and enlarged views of his predeceffor archbishop Herring. Dr. Secker was fucceeded by Dr. Frederic Cornwallis, bishop of Litchfield and Coventry.

On the 9th of May, parliament was prorogued; his majefty delivering upon the occafion a fpeech in which the loyalty and affection of his "faithful commons" were highly applauded and a promise made, of confining for the future the expences of his civil government within fuch bounds, not as the law had prescribed, but as the HONOR of his CROWN would admit.

At this period a circular letter was written by the earl of Hillsborough, fecretary of ftate for America, to the different ́ colonies, acquainting them, "that it was the intention of his majefty's minifters to propofe, in the next feffion of parliament, taking off the duties upon glass, paper, and colors, on confideration of fuch duties having been laid contrary to the true principles of commerce; and affuring them, that at no time had they entertained any defign to propofe to parliament to lay any farther taxes on America for the purpose of raising a revenue." Notwithstanding the falvo of commercial principles, it was fufficiently evident that this conceffion was folely and wifely made with a view to conciliate America in this crifis of difaffection and difcontent in England. But as the wisdom of man is generally blended with a portion of folly, the duty on tea was purpofely and invidiously left as a mark of the legislative fupremacy of Britain, very contrary to the inclinations and earnest endeavors of the minister, who, by cogent arguments, demonftrated in council the impolicy of leaving that fatal germ of contention to expand into incurable animofity. But though the duke of Grafton was on this occafion powerfully fupported by lord Camden, and various other names of the highest respectability, his grace's fyftem of moderation was moft unfortunately overruled in the cabinet, in a favorite point of primary importance within his own department, by the operation of that fecret and baleful influence which it might surely have been imagined that the evil genius of Britain alone could at this momentous conjuncture have awakened into action. And from this period the duke of Grafton, entertained fixed and ferious

M 2

serious ideas of relinquishing his ftation as soon as a fucceffor could be provided by his majesty.

The ferment raised in the nation by the late decifion of the house of commons feemed in the mean time daily to increase in violence. A very bold petition was prefented to the king by the freeholders of the county of Middlesex, in which they enlarged on the uniform tendency of the meafures of the prefent reign to deftroy that harmony which ought to fubfift between, the prince and the people; and they concluded a long catalogue of grievances and apprehenfions, by declaring, that the right of election had been wrested from them by the unprecedented feating of a candidate who was never chofen by the county; who, even to become a candidate, was obliged fraudulently to vacate his feat in parliament. "Deign then," fay they, "moft gracious fovereign, to liften to the prayer of the most faithful of your fubjects, and to banish from your royal favor, trust, and confidence, for ever, thofe evil counsellors who have endeavored to alienate your majefty's affections from your moft fincere and dutiful fubjects, and who have TRAITOROUSLY` dared to depart from the spirit and letter of those laws, which have fecured the crown of these realms to the house of Brunfwic."

The

The city of London prefented a petition to the fame purport. But the city of Westminster, fenfible, as they profeffed, that decifive meafures are the beft policy, petitioned exprefsly for an immediate diffolution of parliament. county of York, and fourteen other principal counties, with many opulent cities and towns, followed this example: but it is not to be imagined that they could flatter themselves with any ferious expectation of fuccefs. A few counter addreffes were, with great difficulty, procured by the court, and one in particular from a respectable, though in number, an inconfiderable proportion of merchants of London, who, in their proceffion to St. James's, were grofsly infulted by the populace. The tumult alarmingly increafing as they

approached