During his abfence, the minifters his affociates, fuppofing him for ever incapacitated for public bufinefs, were engaged in a variety of hoftile political intrigues; Mr. Charles Townshend, chancellor of the exchequer, a man of afpiring views and deep defigns, making, as it was affirmed, fecret advances to the ex-minifter, lord Rockingham, for the removal of the duke of Grafton, with whom he had been for fome time on terms by no means the most cordial. Difappointed, but not difcouraged, at the rejection of his overtures, this versatile and reftlefs genius foon turned his attention to a different and oppofite quarter, ftill preferving however the appearances of friendship to the duke.

During the courfe of the preceding fummer, riots and tumults had in various parts of the kingdom taken place in confequence of the high price of provifions, and the magiftrates were at length obliged to call in the military to the aid of the civil power. Many lives were loft, and a fpecial commiffion was iffued for the trial of the numerous rioters apprehended, who were nevertheless treated with every degree of lénity that the nature of the crime would permit. Few examples were made the fentence of the majority being mitigated to transportation, and many receiving a free pardon. The inceffant rains which fell during the fummer and harvest months afforded however a very alarming profpect of increafing fcarcity; and it was thought expedient in the autumn, when the extreme deficiency of the crop was fully afcertained, to iffue by virtue

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agree with the majority of the better fort, that this once noble mind is quite overthrown. Can it be reconciled to reafon, that the fame man who rendered his name fo illuftrious, fo tremendous, should split upon ribbands and titles ? By finking into a peerage, his popularity would vanish of courfe. I recollect your majefty was of the fame way of thinking, that there was nothing very monftrous in his acceptance of a peerage, but that argued a fenfeleffness of glory to forfeit the name of PITT for any title the king fhould beftow. has fits of crying, ftarting, and every effect of hysterics-it is affirmed indeed, that ten years ago he was in the very fame condition-that therefore a poffibility remains of his recovering once more his nerves, and with them all his functions."

He

of the royal authority an embargo on the exportation of corn, though as yet below the fixed and legal standard*.

When the parliament met at the ufual feafon, it was found indispensably requisite to bring in a bill of indemnity, in order to prevent any prosecutions, in the courts of law, of the officers of the crown concerned in the execution of the act. . But it was remarked, that, though this bill provided for the indemnity of the executors of the proclamation, it made no mention of the ADVISERS. The amendment propofed in confequence of this omiffion occafioned fome warm altercations. The lords Chatham and Camden, in their too eager vindication of the late exertion of prerogative, maintained "that no indemnity was wanting for those who had advised the crown to adopt this wife and neceffary measure." Citing the words of LOCKE, they afferted, "that it was ridiculous VOL. I.

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* A fucceffion of wet and unfavorable feafons may fufficiently account for the extraordinary scarcity which prevailed at this particular period; but the grand and interefting problem yet remains to be folved: WHEREFORE is it, that the means of fubfiftence have been for thirty years paft lefs easily attainable by the bulk of the people than at any former æra ?-that while on the one hand our ears are foothed and delighted with thofe annual parliamentary prolufions, in which the profperity of the nation is defcribed in the moft brilliant and glowing colours of eloquence, on the other our eyes are grieved and shocked at the difplay of wretchednefs and mifery which the habitations of the poor every where exhibit? Whence is it that the poors' rates are fo alarmingly increased, that the workhouses of the kingdom are crowded, and the villages deserted?that the laborer is bereft of the comforts which once made his cottage the abode of contentment; his family pining under the accumulated evils of cold, nakednefs, and hunger? That this is an ideal picture, those who move in the gay and fplendid circles of fashion would no doubt willingly affect to believe, but the evidence of facts is too ftrong to be refifted or weakened by a pompous parade of words; and, where fuch a state of things exifts, to talk of the profperity of the country is a grofs abuse of language. Effects fo fatal must no doubt originate in fomething radically wrong in the general fyftem. Two caufes obviously present themselves as jointly and powerfully co-operating to their production: 1. The enormous increase of the national debt, which is in fact only a taxation of the poor householder for the benefit of the rich stockholder; and, 2. The vaft and prodigious fortunes amaffed by individuals, particularly by the oppreffors and plunderers of the Eaft, which have contributed more than is eafily conceivable to the rapid and astonishing increase of luxury, i. e. of the confumption of fuperflu ities, which has an immediate and irrefiftible tendency to raise the price of the neceffaries of life-while by the exceffive influx of wealth the value of money is perpetually decreafing. Thus the blood we have fo profufely shed in our fucceffive wars, the treafures we have lavished, and the treasures we have extorted, all combine to induce a state of political debility, languor, and decay, in which may be truly affirmed that the whole head is fick, and the whole heart is faint." And as there is no profpect of a change of fyftem, it must neceffarily terminate in a catastrophe, which will be the more dreadful in proportion as it is procraftinated by artificial and temporary expedients.

to suppose any state without the power of providing for the public fafety in great emergencies." This power muft im all focieties be lodged fomewhere, and in ours it is lodged in the king. This doctrine their lordships concurred in af firming to be by no means fubverfive of the fecurity of the constitution, or contrary to the fpirit of liberty, as it can only be reduced to practice on occafions of extreme neceffity, when the parliament does not fit, and cannot be conveniently affembled. At any rate the evil cannot be very formidable, fince at worst, faid lord Camden in the unguarded warmth of debate, IT IS BUT A FORTY DAYS TYRANNY; and there feems to be but little foundation for indemnifying thofe who have neglected the letter in order the better to preserve the spirit of the law.

In reply to thefe reafonings it was urged with great forse by lord Mansfield, who diftinguished himfelf in the debate, "that the law of England knew of no power of fufpenfion in the prerogative that if the plea of neceffity is once admitted, and the crown allowed to be the fole judge of that ne→ ceffity, the power of the crown would be unlimited; for there is no cafe to which it might not be made to extend, and dif cretion would quickly degenerate into depotifm. For this reason the wisdom of the legislature has deprived the crown of all difcretionary power over pofitive laws. Though parliaments are not immortal, their acts never fleep; they are not to be evaded by flying into a fanctuary-no, not even that of neceffity. The LAW is above the king, and he as well as the subject is as much bound by it during the recess as during the feffion of parliament; becaufe no point of time or emergent circumftance can alter the conftitution, or create a right not antecedently inherent. These only draw forth into action the power which before existed, but was quiefIf the crown has a legal right to fufpend or violate one law, it must have the fame right to violate another, and another, till the whole fyftem of our jurifprudence is overturned. A juft regard to the safety of the fovereign, and to

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the LIBERTY of the SUBJECT, render it neceffary for us to shut up every avenue to tyranny, that, as it has hitherto been, so it may continue to be, the diftinguishing characteriftic of our kings, that their authority is the authority of the laws, and that they reign over freemen, and not over flaves*." Impreffed by these confiderations, the house paffed the bill with the amendment; and lord Mansfield must be allowed for once the honor to have obtained the advantage over lord Chatham on a conftitutional question, and this merely in the abstract, for that the measure was practically right no one pretended to difpute; but at this crifis the enemies of lord Chatham were eager to represent him as renouncing those principles to which he owed his fortune and his fame.

Affairs of far greater importance occupied the attention of parliament in a subsequent part of the feffion. Though in actual circumstances nothing could be more wife and feafonable than the repeal of the stamp act by the late ministers, it is not to be imagined that this was a measure attended with no political inconvenience; far from it:-but in the dilemma to which they were unfortunately reduced, they adopted that line of conduct which juftice and policy marked out, and which appeared incomparably the least of the two difficulties. By an egregious want of prudence and penetration, the government of Great Britain had attempted to carry into effect an odious and arbitrary measure, which upon trial it was found impoffible, without involving the whole empire in fcenes of bloodshed and confufion, to enforce, But as po litical power exifts only by opinion, this project, however ruinous and abfurd, could not be relinquished without expofing

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* General Lee, in a letter written December 1766, to his correfpondent the prince de ***, fays, "Lord Mansfield lately drew upon him the laugh of the houfe of lords, by making use of the term 'liberty of the fubject,' and expreffing great regard for it-Conway is ftill fecretary of state, and much regarded as a man of ability and integrity-Lord Shelburne, the other fecretary, has furpaffed the opinion of the world; he speaks well, and is very diftinct in office The duke of Grafton is an abfolute orator, and has a fair character Irishman, one Mr. Burke, is fprung up in the house of commons, who has aftonished every body with the power of his eloquence, and comprehenfive knowledge in all our exterior and internal politics.

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fing the legislative authority of Great Britain to the risque of at least a temporary degradation and diminution. By their fuccefs in this firft inftance of oppofition and refiftance, the Americans would be encouraged and incited-fuch is the nature of man-to dispute the authority of the mother coun` try when it happened to be in other inftances exerted in a mode not agreeable to them, however neceffary to maintain the juft and conftitutional fubordination of the colonies. This was remarkably exemplified in the conduct of the affembly of the province of New York, who came to a refolution, that they would not regard the provifions of an act passed in the last seffion, by which they were required to sup ply the troops ftationed in the province with neceffaries in quarters.

When this inftance of difobedience and contumacy was laid before parliament, very rigorous measures of vengeance were urged by those whofe violent counfels had already been productive of fo much mischief. But the present ministers, purposely avoiding all harsh and positive penalties, adopted a measure at once forcible and dignified, by enacting a law prohibiting the governor, conncil, and affembly of New York to pass any act till they had in every refpect complied with the requifition of parliament. This in a fhort time produced the defired effect, and it afforded a demonstrative evidence, that the real and practical authority of Great Britain, wifely and temperately exerted, was fully equal to the purpose of maintaining that relation of fuperiority and dependence which indifputably ought to fubfift between the head and the members of a great and widely-extended empire.

Happy would it have been for the world, had the present minifters difcovered in all other parts of their conduct the fame prudence and policy. But through fome unaccountable fatality, or more probably from the fecret operations of that' invifible and malignant influence which feemed perpetually to fhed its poisonous and deadly dews over the political atmosphere,