and the constitution;” and that “Pitt
had been brought into power by means absolutely subversive
of the constitution."[96] But no act of which he thus
accused the minister or the King showed such a disregard
of the fundamental principle of the constitution of
Parliament as was exhibited by Fox himself when, in
the very first debate after the Christmas recess, he
called in question that most undoubted prerogative
of the crown to dissolve the Parliament, and, drawing
a distinction which had certainly never been heard
of before, declared that, though the King had an incontestable
right to dissolve the Parliament after the close of
a session, “many great lawyers” doubted
whether he had such a right in the middle of a session,
a dissolution at such a period being “a penal”
one. Professing to believe that an immediate
dissolution was intended, he even threatened to propose
to the House of Commons “measures to guard against
a step so inimical to the true interests of the country,”
and made a more direct attack than ever on the King
himself, by the assertion of a probability that, even
if Pitt did not contemplate a dissolution, his royal
master might employ “secret influence”
to overrule him, and might dissolve in spite of him,[97]
an imputation which Lord North, with a strange departure
from his customary good-humor, condescended to endorse.[98]
There could be no doubt that both the doubt and the
menace were of themselves distinct attacks on the
constitution; and they were, moreover, singularly impolitic
and inconsistent with others of the speaker’s
arguments, since, if the nation at large approved
of his views and conduct, a dissolution—which
would have placed the decision in its hands—would
have been the very thing he should most have desired.
On another evening, though he admitted as a principle
that the sovereign had the prerogative of choosing
his ministers, he not only sought to narrow the effect
of that admission by the assertion that “to
exercise that prerogative in opposition to the House
of Commons would be a measure as unsafe as unjustifiable,"[99]
but to confine the right of deciding the title of
the ministers to confidence to the existing House of
Commons. He accused Pitt of “courting the
affection of the people, and on this foundation wishing
to support himself in opposition to the repeated resolutions
of the House passed in the last three weeks.”
Had he confined himself to urging the necessity of
the ministers and the House of Commons being in harmony,
even though such a mention of the House of Commons
by itself were to a certain extent an ignoring of
the weight of the other branches of the Legislature,
he would have only been advancing a doctrine which
is practically established at the present day, since
there has been certainly more than one instance in
which a ministry has retired which enjoyed the confidence
of both the sovereign and the House of Lords, because
it was not supported by a majority in the House of
Commons. But when he proceeded to make it a charge