[Footnote 38:  On this point the law has been affirmed by a judge of high reputation to be still what Lord Rockingham and his colleagues asserted.  In 1868, on the trial of Governor Eyre for an indictment arising out of disturbances in Jamaica, Judge Blackburne laid it down “that, although the general rule is that the Legislative Assembly has the sole right of imposing taxes in the colony, yet, when the Imperial Legislature chooses to impose taxes, according to the rule of English law they have a right to do it.”]

[Footnote 39:  See his speech on American taxation in April, 1774.]

[Footnote 40:  The chief divisions were:  in the Commons, 275 to 167; in the Lords, 105 to 71.]

[Footnote 41:  “History of England,” vol. v., c. xlv., p. 218, ed. 1862.]

[Footnote 42:  “Lives of the Chancellors,” c. cxliii., life of Lord Camden.]

[Footnote 43:  Every political student will recollect Burke’s description of it as “a cabinet so variously inlaid, such a piece of diversified mosaic, such a tessellated pavement without cement—­here a bit of black stone, there a bit of white—­patriots and courtiers, King’s friends and republicans, Whigs and Tories, treacherous friends and open enemies,” etc.—­Speech on American Taxation.]

[Footnote 44:  In a debate in the year 1776, on some measures adopted for the conduct of the war, the Duke of Grafton said:  “In that year (1767), when the extraordinary expenses incurred on account of America were laid before the House of Commons, the House rose as one man and insisted that that country should contribute to the burdens brought on by the military establishment there, and a motion was made for bringing in a bill for that purpose.  I strenuously opposed the measure, as big with the consequences it has since, unfortunately, produced.  I spoke to my friends upon the occasion, but they all united in the opinion that the tide was too strong to expect either to stem or turn it, so as to prevent whatever might be offered in that shape from passing into a law.  Finding that all my efforts would be vain, I was compelled to submit, but was resolved, as far as lay in my power, to prevent the effect; and, while I gave way, to do it in such a manner as would cause the least harm.  I accordingly proposed the tea-duty as the most palatable; because, though it answered the main purpose of those with whom taxation was a favorite measure, it was doing America an immediate benefit, for I procured the shilling a pound duty to be taken off, and threepence to be laid on in lieu thereof; so that, in fact, it was ninepence a pound saved to America.  However, the attempt was received in America as I expected it would be—­it immediately caused disturbances and universal dissatisfaction.”—­Parliamentary History, xviii., 134.]