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cumstances seemed to be a difpenfing with an act of parliament. Though the laying of the embargo on wheat was an expedient, and probably at that time a neceffary meafure, than which nothing could be more highly popular, yet the mode of that tranfaction was looked upon by the more difcerning in a very dangerous light, as by it the crown feemed to affume and exercife a power of difpenfing with the laws. This was one of the grievances which had been the most effectually provided againft at the revolution; at which time it was declared to be utterly and directly contrary to the known laws, fta. tues, and freedom of the kingdom. To prevent therefore the establishment of fo dangerous a precedent, and to perpetuate a knowledge to pofterity, that nothing less than a law could protect from due punishment the framers or executors of an illegal act; and at the fame time to do juftice to the rectitude of a proceeding, which, though not authorized by law, was done for public good, a bill was brought in Nov. 30. to indemnify all perfons who had acted in obedience to the late act of council for the embargo.

Those who conducted the minifterial bufinefs in the house of commons, gave but little oppofition to this bill when it was fuggefted to them: a principal fervant of the crown brought it in; and there appeared on this occafion, for the first time, plain marks of fome difagreement of opinion, and alienation of affection, among the minitry. However, it was remarked, that, though this bill provided for the indemnity of the inferior of

ficers, who had acted under the proclamation, yet it pafled by the council who advifed it; and had not a preamble fully expreffive of the illegality of the measure. Ia thefe refpects the bill was amended and made perfect. But this produced much altercation and debate, efpecially in the houfe of lords. Some of the ministry and their friends, who had been not only the warmest advocates for liberty, but who fet up as the patrons and defenders of it, were charged with fuch a change in their minds and opinions, that they vindicated the prefent exertion of prerogative, not only from the peculiar circumftances that feemed to influence it, but they alfo fupported it as a matter of right; and afferted, that a difpenfing power, in cafes of ftate neceflity, was one of the prerogatives inherent to the crown. This feeming desertion, from the fide of liberty, to principles fo directly oppofite, as it had fome fevere ftrictures made upon it within doors, fo it was the occafion of many pointed farcafms without, on the beaten subject of occafional patriotism.

In the courfe of the debates occafioned by thefe high prerogative tenets, the real caufes of the neceflity for the late exertion of power were firft inquired into; and then the doctrine of a difpenf ing power, in fuch cafes, was ably and powerfully attacked. It was urged, that the ministry had received fuch information in the beginning of Auguft, of the ftate of the harvelt, the quantity of corn in the kingdom, and of the great increafe of its price, that they became then as thoroughly masters of the fubject, and as fully fenfible

of all the probable confequences, as they had been at any time after that period. That, from this information, they should at that time have iffued a proclamation for the parliament to meet on the 16th of September, the day to which it was prorogued, to take that important matter into confideration, which would have given the members above thirty days notice, and would have prevented every appearance of neceffity for the minifters to commit an illegal action.

That, on the contrary, when the diftreffes of the poor were rifen to the highest pitch, they iffued, on the 10th of September, an ineffectual proclamation against foreftalling, which could not give them the fmalleft relief; and on the fame day prorogued the parliament from the 16th of laft month to the 11th of November following. That by this long, unfeasonable, and extraordinary prorogation, all advice of parliament was precluded; all legal restrictions of the export, as well as effectual provifions to increase the flock of grain, were entirely put out of the question; and in cafe of riots, tumults, or even a rebellion, it was put out of the king's power to receive their affiftance. That the proclamation for an embargo was iffued in fixteen days after that for fo long a prorogation; though the reafons given in it, for fo extraordinary anex. ertion of authority, was, that his majefty had not an opportunity of taking the advice of his parlia

ment.

On the other hand, the advocates for the difpenfing prerogative, citing the opinion of Mr. Locke, afferted, that it was ridiculous to fuppofe any state without a power

of providing for the public fafety in cafes of emergency. That this power muft in all ftates be lodged fomewhere; and that in ours it was lodged in the king. They maintained that this doctrine was not

contrary to the fecurity of the conftitution, or to the fpirit of liberty, fince they admitted that it could be legally exerted only in cafes of great neceffity, during the recefs of parliament, and when parliament cannot be conveniently affembled; that in those cases the evil cannot be very great, fince it is but forty days tyranny at worst.

To this it was anfwered, that this doctrine of neceffity was the very principle by which all the evil practices in the reigns of the Stuarts had been defended. That the advocates for the crown in the reign of Charles the Firft, would have added this exception of neceffity to the petition of right; the house of lords had even come into it, but, upon conference with the commons, were convinced that this exception would have enervated the whole law; and it was accordingly rejected. As to the plea of neceffity, this answer is ready in the mouth of every one; that if the crown is the judge of that necef. fity, the power is unlimited, becaufe the difcretion of the prince and his council may apply it to any inftance whatever; and fo difcretion degenerates into defpotifm. Therefore the wifdom of the conftitution has excluded every difcretion in the crown over pofitive laws, and emancipated acts of parliament from the royal prerogative, leaving the power of fufpenfion, which is but another word, for a temporary repeal, to refide where the legislature is lodged, to

which only it can belong, that is, in king, lords, and commons, who together conftitute the only fupreme fovereign authority of this government. Nor did parliament ever allow of the difpenfing power, or any thing of the kind, becaufe it was exercifed under the fpecious pretence of the fafety of the nation being concerned, and the whole kingdom in danger, which was the ufual jargon, and, if true, implied the molt urgent neceffity.

That the recefs of parliament, or its not being convenient to affemble it, are diftinctions not ⚫ known by the conftitution. That, as it is now modelled, the parliament must always be in being, ready to be called, and that in fo great a degree, that even an expired parliament revives when ne. ceffary to be affembled, and another is not chofen. That as to the laws, there are no days in which acts of parliament fleep. They are not like jurifdictions, that may be evaded by going into a fanctuary. They are of equal force while in being at all times, in all places, and over all perfons; though made in a fhort time, they have a conftant and lafting force. Acts of the executive power are incident, temporary, and inftantaneous; but acts of parliament are permanent, made as the general rule by which the fubject is to live and be governed.

Unless therefore it can be faid, that the moment parliament breaks up, the king ftands in its place, and the continuance of acts is refigned into his hands, he cannot of right fufpend any more than he can make laws, both requiring the fame power. The law is above

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If the crown had a legal right to fufpend or break through any one law, it must have an equal right to break through them all. That no true diftinction can be made between the fufpending power and the crown's raising money without the confent of parliament. That they are precifely alike, and ftand upon the very fame ground. They were born twins, lived together, and together, it was hoped, were buried at the revolution, past all power of refurrection. That if any difference was to be made, between raifing money and the fufpending and difpenfing power, the latter is the most dangerous, as that which might do the most univerfal mifchief, and with the greateft fpeed, as it includes the whole. But that, as neither of them ever did belong to the crown, no doc trine is admiffible that maintains either the one or the other. That the prefent diftinctions are only an alleviation of the difpenfing power to fweeten it fo as to go down, it being too naufeous in the fullftinking potion. That the fafety of the crown, as well as the fecurity of the fubject, requires us to fhut up every avenue that leads to tyranny: and that the fupereminent prero

to

gative of the kings of England by bly of New York had, in direct which they excel in glory all the oppofition to the act of laft feffion, fovereigns upon earth, is this, that for the providing of the troops they rule over free men, not over with neceffaries in their quarters, flaves.. paffed an act of affembly, by which thefe provifions were regulated and fettled in a mode of their own, without any regard to that prefcribed by parliament,

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Upon the whole, it was faid, that if the doctrine of fufpenfion, on the plea of ftate neceffity, was admitted as conftitutional, the re. volution could be called nothing but a fuccefsful rebellion, and a lawless and wicked invafion of the rights of the crown; the bill of rights, a falfe and fcandalous libel, and an infamous impofition both on prince and people; and that James the Second neither abdicated nor forfeited, but was robbed of,

his crown.

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This affair, being brought be fore the houfe, occafioned many debates; and fome rigorous meafures were propofed. The general opinion, however, was rather to bring them to temper, and a fenfe of their duty, by acts of moderation, which should, at the fame time, fufficiently fupport the dignity of the legislature, than by rigorous meafures to inflame ftill farther that fpirit of difcontent which was already too prevalent among them. Upon thefe principles, June 15th. a bill was paffed, by which the governor, council, and affembly of New York, were prohibited from paffing or affenting to any act of affembly, for any purpofe whatfoever, till they had in every refpect complied with all the terms of the act of parliament. This restriction, though limited to one colony, was a leffon to them all, and thewed their comparative inferiority, when brought in quef tion with the fupreme legislative power...

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An event which happened this feflion, as it fhewed a want of ftrength in the miniftry, fo it also made many think that it foreboded a diffolution to their exintence in that character. taxes, with which all the neceffaries of life were loaded, in confequence of the expences of the laft war, lay fo heavy upon the laborious and manufacturing part of

the

the nation that it was thought more proper, fince the conclufion of the peace, to continue the land-tax at four fhillings in the pound, than to add to the diftreffes of the peo. ple, by increafing those upon neceffaries. This was a new meafure; any addition to the land-tax, that was formerly granted to carry on a war, was always taken off at the return of peace; but as that custom had been now for fome years broken through, the whole land-tax began to be confidered as a part of the fettled revenue, that was appointed to answer the current fervices of the year. It was then, to the great furprife and difappointment of the minifters, that a refolution paffed the houfe, fupported by a confiderable majority, which reduced the land-tax for the prefent year to three fhillings in the pound. This was faid to have been the firft money bill, in which any minifter had been disappointed fince the revolution; and it was now looked upon as a fatal fymptom of weakness. In this the public was however mistaken, though appearances feemed strongly to countenance the opinion.

mons feemed from the beginning very much referved in this affair. A committee had Nov. 25th. been appointed early in the feffion, to look into the state and condition of the Company. It was fome time after ordered, after feveral warm debates, that copies of the company's charters, their treaties with, and grants from the country powers; together with their letters and correfpondence to and from their fervants in India; the ftate of their revenues in Bengal, Bahar, Orixa, and other places, fhould all be laid before the house also an account of all expences incurred by government on the company's account; whether in the naval, military, or whatever other departments. Great part of the feflion was confumed in fruitlefs difcuffions. Violent animofities arofe; and all the topics were bandied about, which can agitate the minds of a people, on one hand jealous of their li berties, and on the other, eager by every means to relieve the burthened ftate of their finan

The great bufinefs of the feffion was that of the Eaft-India company, from whence great expectations had been conceived, and on which violent debates arose in both houses; as this matter involved conftitutional points of the highest nature, and indeed was in all refpects of great importance. It was remarked, that though it feemed the capital minifterial measure; yet, whether from difapprobation of the mode and principles of the enquiry, or from fome difcontent among themfelves, is uncertain; but the principal officers of the crown in the house of comVOL. X.

ces.

In the courfe of this rigorous fcrutiny, an order was made for printing the Eaft India papers. The court of directors upon this prefented a petition, fetting forth the great injury it would be to the company, and the many ill confe. quences that would probably attend the printing of the private correfpondence between them and their fervants. Upon this, a motion being made to difcharge the former order, a debate enfied; but it was at laft agreed that the private correfpondence fhould not be printed.

Great questions, though not formally put, arofe and were difcuffed []

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