driving Hyder's cavalry from the walls of Madras would not have been dearly purchased with the plunder of the city and adjacent country. The answer of the presidency was, 'that they were compelled to make peace for want of money to wage war.'10

In the mean time, the government of Madras, unable alone to support the expenses incurred, was obliged to draw on the council of Calcutta for supplies: the money remitted from Bengal, during a depreciation of coinage, occasioned an immense loss from the enhanced rate of exchange; and the possessors of unadulterated silver were so tenacious of it, that few rupees were in circulation: investments could no longer be made to China, and the labors of manufacturers were at a stand. At this time also a new subject of alarm arose with regard to Sujah Dowla, who was said to be augmenting and disciplining his troops; but a deputation sent from Calcutta to examine into his conduct, induced him to disband a great part of his forces, and enter into a treaty not to increase them beyond a limited number.

The alarm excited in England by this dangerous state of the company's affairs induced the directors to propose sending out new commissioners, called supervisors, with authority to examine and rectify every department, even so far as to countermand the operations and suspend the authority of the presi dents and councils. The scheme was vehemently opposed by the friends of the present rulers in India, and by those who disliked the accumulation of exorbitant powers in a few hands: but the general disappointment of the proprietors in their golden dreams prevailed; and this important trust was delegated to Mr. Vansittart, Mr. Scrafton, and colonel Ford, who had all distinguished themselves in the affairs of India.

These differences however were scarcely terminated, before the directors were embarrassed by a claim of the government, in consequence of an application made for two ships of the line with some frigates, that the naval officer whom the crown might appoint should be allowed to take a share in transactions with native princes, and act as a principal in the offensive and defensive policy of the country. The directors represented this proposal as affecting the honor and existence of the company, and illustrated its bad policy from the ruin of the French East India company. The great argument on the other side was furnished by lord Clive and the directors them

10 Mill's British India, vol. iii. p. 425.

selves, who had used the most emphatical terms to create a belief that the unprosperous state of their government was wholly produced by the rapacity and misconduct of those who conducted it in the east: the authority of a king's officer was held up as an indispensable security against these delinquencies; and the dignity of the master whom he served was represented as necessary to add weight to the negociations of a commercial body. After long and acrimonious debates, the powers demanded by government were condemned in a court of proprietors; but a compromise was at last effected; the company consenting to sanction the interference of the naval commander within the gulf of Persia, where they were embroiled with some of the neighboring chiefs: the demand for two ships of the line was suspended on one side, and the legal objection to the commission of the supervisors withdrawn on the other. Two frigates, besides the squadron for the gulf of Persia, were ordered on the Indian service: in one of them the supervisors took their passage; but she never reached her port; nor was any intelligence of her, or of her passengers, ever received.

CHAP. XII.

GEORGE III. (CONTINUED.)-1770.,

Mr.

Parliament meets-King's speech-Lord Chatham's reappearance in the house-His speech on American and domestic affairs-Lord Mansfield's--Lord Chatham's reply-Supported by lord Camden-Debates in the commons on an amendment to the address-Strength of opposition and signs of an approaching dissolution of the cabinet-Lord Camden dismissed Yorke accepts the great seal-His death-Resignations sent in -Marquis of Rockingham's motion-Duke of Grafton's reply; resignation Lord North made premier, and Sir Fletcher Norton speaker-Other ministerial changes-Mr. Dowdeswell's motion regarding elections-Met by lord North-Lord Rockingham's on the same topic-Answered by lord Sandwich, &c. -Conduct of the livery of London-Remonstrance to the king ---Conduct of the county of Middlesex-Wilkes's conduct after his release from confinement-Call of the house of lords by lord Chatham-His motions, &c.-Mr. Dowdeswell's bill to disfranchise revenue officers negatived-Accounts of the civil list-Mr. Grenville's bill on controverted elections - Lord North's repeal of the revenue act, excepting the duties on tea -Riotous proceedings at Boston-Contests between the city of London and the court-Beckford's conduct to the kingBirth of the princess Elizabeth-Address of the city, and tumult of the populace - Woodfall's trial-Proceedings respecting it in the house of lords-Also in the commons-Continental politics - Proceedings with respect to Falkland's islands-Death of alderman Beckford-Quarrel between Wilkes and Horne-Establishment of democratic societies-Affairs of Russia and Turkey-Meeting of Frederic the Great and the emperor Joseph-Plan for the partition of Poland-Affairs of France-Proceedings in the province of Massachussetts.

PARLIAMENT met on the ninth of January, when, contrary to expectation, the king's speech took no notice of the public discontents, though it feelingly lamented the general distress, which was likely to be augmented by a fatal disease prevalent among the horned cattle: " it adverted to the dissatisfaction still prevailing in America, and disturbances on the continent;

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This speech was the occasion of much wit and ridicule in different publications and gave rise to the name of the horned cattle session.'

but expressed his majesty's desire and hopes of maintaining this country in peace.

Lord Chatham had by a temporary secession from public business recovered his health, whilst his mind was tranquillised by a reconciliation effected between himself, lord Temple, and Mr. Grenville: with health and spirits, his eloquence also returned; and the administration felt his power, like that of a giant refreshed. On the motion for an address, he declared, that the alarming state of the nation forced him once more to come forward and execute that duty which he owed to his God, his sovereign, and his country; and which he was determined to perform at the hazard of his life:' he then took a general review of measures since the peace of 1763, which he blamed, as having left us without an ally, whilst France had been successfully cultivating her connexions: but he lamented still more the unhappy acts which had severed the affections of the colonies from Great Britain; though, as the house had no documents, he would not call their proceedings unjustifiable : no part however of the address bore a comparison, in point of interest, with what regarded the internal discontents of the country to these he strongly called the attention of their lordships; since their privileges, however transcendent and appropriate to themselves, stood in fact on the people as a basis: the rights of the greatest and meanest subject had the same foundation, the security of the law, common to all. He affirmed that the liberty of the subject was invaded, not only in the provinces, but at home: the people were loud in their complaints, and would not be pacified without a redress of grievances; nor ought they; for it were better to perish in a glorious contention for their rights, than to purchase a slavish tranquillity at the expense of the constitution: finally, he moved an amendment, purporting, that the house would with all convenient speed take into consideration the causes of the prevailing discontent, and particularly the proceedings of the house of commons, touching the declared incapacity of John Wilkes; wherein a resolution of one branch of the legislature only had refused to the subject his common right, and deprived the electors of Middlesex of their free choice of a representative.'

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Lord Mansfield opposed the amendment, though he acknowleged the distracted state of the nation. Declarations of law, he said, made by either house of parliament, were attended with bad effects, and in his judicial capacity he never honored them with the slightest degree of regard: he considered general

warrants illegal, but was sorry the house of commons should declare this by their vote. He next showed the distinction between general declarations of law, and particular decisions which might be made judicially by either house, on a case properly subject to their jurisdiction: a question relating to the seat of a member, could only be determined by the house itself, whose judgment was final, and must be received as the law of the land. He avoided entering into the merits of the late decision, as the lords had no right to discuss the subject: the amendment, he thought, was a gross attack on the privileges of the commons, calculated to create a quarrel between the two houses, or between the king and the commons; for if the king should dissolve the parliament, the next house of commons, if they knew any thing of their own privileges or of the laws, would, on the first day of the session, declare such proceeding to be a violation of their rights.

Lord Chatham began his reply by extolling the use of common sense above subtilty and ingenious refinement: the constitution, he observed, had been openly invaded, and he heard with horror and astonishment that invasion defended on principle he distinguished between the legislative and jurisprudential functions of the house of commons; denying that it had a supreme jurisdiction, or that its decision must be received as the law of the land. Why, he asked, were the generous exertions of our ancestors made, to secure and transmit to their posterity a known law and a certain rule of living, if, instead of the arbitrary power of a king, we must submit to that of a house of commons? Tyranny is detestable in any shape; but particularly when exercised by a number of tyrants: but this is not the fact or the constitution. There is a law of parliament, and a code in which every honest man may find it: it is in Magna Charta, in the statute-book, in the bill of rights. What security could we have for our rights, if it were admitted that a court of judicature might determine questions, not by any known positive law, but by some vague and arbitrary rule?

He denied that precedents were law; they were merely evidences of law; and of no authority, unless founded on and confirmed by reason, not contradictory to any positive law, unquestioned by the legislature, and not adverse to the spirit of the constitution. The first principle of the constitution is, that the subject shall not be governed by the will of any man or body of men, but by the whole legislature, and by certain laws to which he has virtually given his assent; which are