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," it
must be at least equally so to use his name to defeat them. And the case
is infinitely stronger, if the measure to be defeated be one which has
been introduced by his ministers. For there can be no doubt whatever
that, so long as they are his ministers, they are entitled to his full
and complete support on every question; alike in their general policy
and on each separate measure. When he can no longer give them that
support, which the very act of conferring their offices on them promised
them, his only legitimate and becoming course is to dismiss them from
their offices, and to abide the judgment of Parliamen
|