The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.

The Constitutional History of England from 1760 to 1860 eBook

This eBook from the Gutenberg Project consists of approximately 614 pages of information about The Constitutional History of England from 1760 to 1860.

The conduct of George III. in this transaction has been discussed by writers of both parties with such candor that the Tory historian, Lord Stanhope, while evidently desirous to defend it by implication, passes a slight censure on it in the phrase that “the course pursued by the King was most unusual, and most extreme, and most undesirable to establish as a precedent;"[89] while, on the other hand, so rigid a Whig as Lord Campbell urges in his favor “that if it be ever excusable in a King of England to cabal against his ministers, George III. may well be defended for the course he now took, for they had been forced upon him by a factious intrigue, and public opinion was decidedly in his favor."[90] But to those who regard not the excuse which previous provocation may be conceived in some degree to furnish to human infirmity, but only the strict theory and principle of the constitution on which the doctrine of the responsibility of the ministers and the consequent irresponsibility of the sovereign rests, Lord Campbell’s conditional justification for the communication made through Lord Temple will hardly appear admissible.  We cannot be sure how far Mr. Grenville’s “Diary” is to be trusted for transactions in which he was not personally concerned, or for conversations at which he was not present; but in giving an account[91] of some of the occurrences of the spring of 1766, while Lord Rockingham was Prime-minister, we find him relating a conversation between the King and Lord Mansfield on the ministerial measure for conciliating the American Colonies by the repeal of the Stamp Act, combined, however, with an assertion of the right to tax.  “He (Lord Mansfield) took notice of the King’s name having been bandied about in a very improper manner; to which the King assented, saying he had been very much displeased at it, as thinking it unconstitutional to have his name mentioned as a means to sway any man’s opinion in any business which was before Parliament; and that all those who approached him knew that to be his sentiment.  Lord Mansfield said he differed from his Majesty in that opinion, for that, though it would be unconstitutional to endeavor by his Majesty’s name to carry questions in Parliament, yet where the lawful rights of the King and Parliament were to be asserted and maintained, he thought the making his Majesty’s opinion in support of those rights to be known was very fit and becoming.”  The line here alleged to have been drawn by the great Chief-justice, between proclaiming the King’s opinion in support of rights, but withholding it in the case of measures, is, perhaps, too fine to be perceptible by ordinary intellects.  But however the King may have understood the judge, it is clear that the doctrine thus asserted does not justify, but condemns, such an act as the communication of the King’s opinion and wishes in the case under consideration.  If it “would be unconstitutional to endeavor by his Majesty’s name to carry questions in Parliament,”

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The Constitutional History of England from 1760 to 1860 from Project Gutenberg. Public domain.