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A LETTER TO THE PEOPLE OF SCOTLAND, On the Preſent State of the Nation.

BY JAMES BOSWELL, ESQ.

Calm is my ſoul, nor apt to riſe in arms,
Except when faſt approaching danger warms:
But when contending Chiefs blockade the Throne,
Contracting regal power to ſtretch their own;
When I behold a factious [...]and agree
To call it freedom when themſelves are free;
The wealth of climes where ſavage nations roam,
Pillag'd from ſlaves, to purchaſe ſlaves at home;
Fear, pity, juſtice, indignation ſtart,
Tear off reſerve, and bare my ſwelling heart;
Till half a patriot, half a coward grown,
I fly from petty tyrants to the Throne.
GOLDSMITH.

EDINBURGH: Printed and Sold by all the BOOKSELLERS. M,DCC,LXXXIII.

A LETTER TO THE PEOPLE OF SCOTLAND.

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IT hath for a conſiderable time been the reproach of Scotland, that her inhabitants have been deſtitute of public ſpirit, and have felt themſelves merely as a number of individuals, to whom no meaſure of ſtate was of any conſequence, unleſs ſo far as it affected their private intereſts. The reign of his preſent Majeſty has been troubled with a ſeries of faction, hurtful to government at home, and ruinous to the Britiſh power abroad: But all the while Scotland has remained in cold indifference; and each adminiſtration, of whatever principles, has been ſure of our acquieſcence at [4] leaſt, if not of our ſupport, as a matter of courſe.

The flagrant injuſtice of the Houſe of Commons, in the caſe of the Middleſex election, by which a precedent was eſtabliſhed for violating the valuable privilege of all the electors of Great Britain, was no more regarded in Scotland than any ordinary vote in that Houſe. It has ſince been reſcinded, not indeed by the ſame Parliament, but by almoſt the ſame members: So that it may be ſaid without offence, that the Houſe of Commons is at no time infallible.

The claim of the Britiſh Parliament to tax the American colonies, or, in other words, that his Majeſty's ſubjects in Great Britain ſhould command the property of his Majeſty's ſubjects in America, was almoſt univerſally approved of in Scotland, where due conſideration was had of the advantage of raiſing regiments. I was one of the few who, as far as my voice could go, ventured to oppoſe it, both as unjuſt and inexpedient:—Unjuſt, [5] becauſe I thought the people of America, as participant of the Britiſh conſtitution, ſhould no more be taxed without the conſent of their repreſentatives, than the people of Ireland, or the people of Great Britain:—Inexpedient, becauſe I did not think it poſſible for this country to prevail, unleſs one of two propoſitions, utterly improbable, but induſtriouſly circulated, were true: The firſt, that a whole people were cowards; the ſecond, that a whole people were willing that their all ſhould be at the unconditional mercy of another people. My intimacy with the excellent and much honoured General Oglethorpe, who himſelf ſettled one of the American colonies, and ſtill lives with all his faculties and all his benevolence in full vigour*, confirmed me [6] in my opinion; and when pleading at the bar of the Houſe of Commons, in a queſtion concerning taxation, I avowed that opinion, declaring that the man in the world for whom I have the higheſt reſpect, had not been able to convince me that Taxation was no Tyranny. My principles being of a Tory caſt, that is to ſay, thoſe of a ſteady Royaliſt, it grieved me to the heart, that our moſt gracious Sovereign ſhould be adviſed by evil counſellors to aſſent to ſevere meaſures againſt an immenſe body of his ſubjects, who were willing faithfully to ſubmit themſelves to the King as ſupreme,—to the father of all his people;—but not to his ſubjects, their brethren, with whom they were entitled to equal privileges.

It appeared to me, that Miniſtry carried on the war againſt our colonies, chiefly in the hope that if they ſhould be ſubdued, a multitude of offices might [7] be created, the diſpoſal of which would abſolutely ſecure a majority in Parliament upon every occaſion; and for that reaſon, had there been no other, every friend to rational freedom muſt have abhorred the deſign. The ſlavery ſpread over the continent of America, would have reverberated upon Britain. The right of the people to ſupply or to withhold money, is the great check upon the executive power; and in that conſiſts the chief excellence of our free government.

A ſtrong party in the Houſe of Commons, oppoſed that baleful adminiſtration which perſevered in the American war, and oppoſed it with ſuch violence, as at length to obtain a vote in the Houſe of Commons, ‘"That the influence of the Crown has increaſed, is increaſing, and ought to be diminiſhed;"’ the truth of which vote, in this democratical reign, I leave to the conſideration of every candid man.

[8] I would wiſh, in all queſtions of national concern, not to regard men, but meaſures; and therefore, I ſhall make no remarks upon that extraordinary fluctuation of Miniſters whom we have ſince ſeen, like the viſions of Macbeth:

"Come like ſhadows, ſo depart."

But I earneſtly entreat the attention of my countrymen, to the alarming attempt which has been recently made, to deſtroy the ſecurity of private property, and annihilate the conſtitutional monarchy of theſe kingdoms, under the pretext of ‘"better regulating the affairs of the Eaſt-India Company."’

Harſh and abuſive expreſſions can do no good, and are very foreign from the intention of this Letter, which is not to kindle a wild rage, but to rouſe a ſteady ſpirit. I ſhall therefore abſtain from uſing thoſe epithets which have, with juſtice, been applied to the bill for veſting the affairs of the Eaſt-India Company in certain Commiſſioners. But I [9] will ſay, that I look upon this bill as the moſt dangerous meaſure to the country that ever yet was hazarded in Parliament.

I ſhall conſider it in both the views which I have mentioned, 1ſt, As affecting property; and, 2dly, As affecting the conſtitution.

And, 1ſt, As to Property, the bill provides, ‘"That the ſaid Commiſſioners ſhall immediately enter into, and poſſeſs themſelves of all lands, tenements, houſes, ware-houſes, and other buildings whatever, belonging to the ſaid Company, and all books, records, charters, &c. and all ſhips and veſſels, goods, wares, merchandiſes, money, ſecurities for money, and all other effects whatſoever; and the Directors of the ſaid Company, and all officers and ſervants thereof, are hereby injoined, immediately upon the requiſition of the ſaid Commiſſioners, to deliver to them, or to ſuch perſons as they ſhall [10] appoint, the ſeveral matters aforementioned."’

Can a more tremenduous exerciſe of arbitrary power be figured than this?—That a great Company which has ſubſiſted for above two centuries, under the ſanction of charters from the Crown, ſhould all at once not only be deprived of the territorial power, which it has acquired, and which has no doubt been flagitiouſly abuſed by ſome of its ſervants; but have all its effects, in all parts of the world, abſtracted from its own care and management, and delivered up to a ſet of men not of its own appointment. There is ſomething in this ſo ſhocking to the firſt notions of property and juſtice, as muſt make us ſhudder with conſternation. Were ſuch a bill to paſs into a law, the expreſſion ‘"What is a charter but a ſheet of parchment with a bit of wax dangling to it,"’ might be uttered without being ſtigmatized as groſsly indecent; for there [11] would then be no force in a charter, the eſſence of which is not matter but ſpirit. If an Attorney General were hanged, it might be ſaid with vulgar triumph, ‘"What is an Attorney General, but a carcaſe dangling the end of a rope?"’ But can ſuch expreſſions be uſed with propriety, while a charter contains the faith of Majeſty, and the perſon of an Attorney General, is dignified with an important truſt from the King?

It is well known, that many individuals of different nations have their whole property veſted in the funds of the Eaſt-India Company, becauſe it hath hitherto been believed, that in this great and free country, there is no danger of ſuch confiſcations or ſeizures by an unexpected ſtretch of power, as have ſometimes happened in other countries in Europe; but had this rapacious graſp been ſucceſsful, Where would have been our boaſted pre-eminence of ſecurity? And how wofully muſt our national credit [12] have ſunk? What muſt the moneyed men of Holland have thought of ſuch better regulating of commercial concerns? They muſt have thought of their own verbeetering buys, where criminals are ſorely puniſhed to make them better. The Houſe of Commons muſt have appeared a Houſe of Correction with a vengeance.

The injuſtice of the meaſure would have been the ſame to the proprietors of whatever nation, but muſt have been peculiarly diſtreſſing to thoſe of our own country, who for a long period of time have been habituated to the perſuaſion, that a Royal Charter is ſo ſacred, that nothing but the ſtrongeſt reaſons, amounting almoſt to the plea of neceſſity, can be permitted to annual or alter it.

We, in this part of the united kingdom, experienced in the late reign an extinction of a number of chartered rights, by the act aboliſhing heritable juriſdictions. A clamour was raiſed at the time, and there are ſtill ſome who perſiſt in [13] maintaining that this was an infringement of the Articles of the Union, by which it was ſtipulated that the juriſdiction and courts of Scotland ſhould remain as before. But upon looking attentively at the Articles, it will be found that the heritable juriſdictions were to be reſerved only as rights of property: Conſequently, they, like other rights of property, might at any time be taken from the owners by the Legiſlature for the greater good of the publick. The hereditary juriſdictions were grants from the Sovereign, delegating parcels of his power; and when they were aboliſhed in the perſons of private territorial proprietors, they were abſorbed in his Majeſty, the great fountain from which they originally flowed, and from whence they now iſſue in a different manner. Whether the act aboliſhing heritable juriſdictions was a beneficial meaſure or not, may be fairly queſtioned; for my own part, I ſhould be better pleaſed to live [14] under the immediate juriſdiction of an hereditary Lord, of ancient and generous blood, than under that of a lower man, who by occaſional intereſt has been appointed a Sheriff. The former was as much under the controul of higher authority as the latter. But I am not going to diſcuſs the queſtion. I mention the meaſure as an act of State coming nearer ‘"the buſineſs and boſoms"’ of my countrymen; and that I might recal to their remembrance the deliberation and delicacy with which it was conducted, and the compenſation which was made to thoſe who were deprived of their rights. Yet what is the gratification of pride by additional power, when compared with the eſſential value of property?

How different was the conduct of the Eaſt-India bill? Was any kind of compenſation to the Proprietors of that Company ever propoſed? Was there any tenderneſs ſhewn to thoſe who had their whole property at ſtake? No. The tyranny of [15] that audacious bill, (I muſt be allowed this expreſſion) was unfeeling and inflexible; thouſands were to behold all that they had upon earth wreſted from them, and committed to ſtrangers, while nothing was left to them but amazement and grief. Was this bill ſedately and deliberately conſidered by the Houſe of Commons? Was full time given not only to the Proprietors, but to the nation at large, with humble confidence to ſtate their objections to it? No. It was hurried on in a manner which will not ſoon be forgotten. The rapidity of its courſe, and its ill-looking appearance, indicated its character; and when it came into the Houſe of Lords, the alarm was,—Stop thief.

The ſolemn attention paid to a ſubject of ſuch magnitude, by that moſt Honourable Houſe where the ſtate of the Eaſt-India Company was proved to require no deſperate remedy; and the vote by which the bill was rejected, will ever [16] be remembered with admiration and gratitude, not only by the great Company which was immediately concerned, but by every Corporation in the kingdom; and indeed by every man who holds any thing valuable by charter. While that portentous bill was ſuſpended over our heads, every man was aſking his neighbour, ‘"What will be done next?"’ Cities, towns, banks, hoſpitals, were in danger, and inſignificance was the only ſecurity. The comfort and joy at being relieved from ſuch apprehenſions, could not but be great and univerſal.

In the ſecond place, as to the Conſtitution, the bill provides, ‘"That a certain number of perſons to be named by this bill, ſhall be Commiſſioners for governing and managing the ſaid territorial poſſeſſions and commerce."’

And, ‘"That the ſaid Commiſſioners, or the majority thereof, ſhall have full power to remove, ſuſpend, appoint or reſtore [17] all perſons whatſoever, from or to any office, civil or military, whether ſuch perſons ſhall have been appointed by acts of Parliament, or howſoever otherwiſe appointed, except as herein provided."’

Here, then, we were to have had the eſtabliſhment of a dominion civil and military, of vaſt and various extent, veſted in perſons independent of his moſt ſacred Majeſty, the lawful Sovereign of the realm. The patronage annexed to this dominion would have been immenſe, and infinitely beyond what is annexed to the crown of Great Britain. The very ſame Right Honourable Gentleman who inſiſted that the influence of the Crown ought to be diminiſhed, and actually prevailed in having it rigidly curtailed, drove on this bill, by which ſeven men propoſed by himſelf were to have an influence far beyond what the Crown ever had. If both theſe meaſures were parts of one preconceived plan; if, [18] while he was diminiſhing the power of the Crown, he entertained the project of aggrandizing his own power, his abilities, great as we muſt acknowledge them to be, are yet of mightier extent than we have ever imagined. Had the appointment taken place, ‘"the Crown would have been a bawble which no man of ſpirit would have choſen to wear,"’ as was nobly ſaid by a great and intrepid Maſter of our conſtitution, and moſt powerful Orator. There would have been in Britain one conſtitutional King,—and an unconſtitutional heptarchy, not of Kings, but of Emperors, and that heptarchy nominated by the Right Honourable Gentleman. He might then have bid defiance to any other power in the kingdom. He might have had his commiſſion prolonged during all the days of his life, and ſat ſupreme in his circle of the Houſe of Commons poſſeſſed of ſuch a ſevenfold ſhield

—vulgi ſtante corona,

[19] But this aſtoniſhing project has been happily defeated by the Houſe of Lords, the hereditary Counſellors of the King. The ſpeech of the Earl of Abingdon, upon that memorable occaſion, will remain as a diſtinguiſhed example of conſtitutional knowledge and legiſlative ſpirit. Had there been nothing againſt the bill, but its violation of chartered property, I ſhould have thought it deſerved its fate, and many of the Lords put their negative upon that ground. But when it was equally hoſtile to the King, and to the people; and while on one hand, it directly daſhed in pieces the ſecurity of chartered property; it, on the other hand, indirectly, overwhelmed the Royal prerogative, there were two forcible reaſons for throwing it out. The laſt was the ground taken by the Biſhop of Saliſbury, who with the dignified candour which is to be found in every one of the noble family of Barrington, offered to give his aſſent to the [20] bill, if the Miniſtry would aſſure him that the King ſhould have the appointment of the Commiſſioners. But that would have been fruſtrating the enormous ſcheme of miniſterial influence, the principal object of the bill.

The ferment which hath ſince agitated the Houſe of Commons, need neither ſurpriſe nor alarm us; becauſe there is no wonder that the great majority, who voted for the bill, ſhould be angry at their diſappointment. That there ſhould have been ſuch a majority, for ſuch a meaſure, is ſeriouſly diſtreſſing. I forbear to conjecture the cauſe; ſorry I am that to ſome of the number may be ſaid et tu Brute! But it is ſurely not a ſtrange thing, that the Nobles of the land ſhould ſet themſelves againſt a bill which would have been ſo fatal to the power of the Crown. For as Blackſtone well obſerves, ‘"the Nobility are the pillars which are reared from among the people, more immediately to ſupport the Throne, [21] and if that falls, they muſt alſo be buried under its ruins*."’ The nobility therefore, in this caſe, had a common cauſe with the King, Why then ſhould it be ſuppoſed? why ſhould it be rumoured, that the influence of his Majeſty determined them againſt a bill which the ſecurity of their own Order called upon them to reject?

But were it true, that the Sovereign's diſapprobation of the bill was conveyed by a reſpectable Peer to others of his order; that Noble Lord who repreſented his Majeſty in Ireland with ſo generous a ſplendour, and ſo much to the ſatisfaction of that kingdom, might juſtly ſay, (I love his phraſe,) ‘"I will meet the charge with a high head."’

He has ſince proved to us, that he did not mean the artificial high head of miniſterial influence, but the lofty port of conſcious rectitude. What Mr Harley ſaid of Sir John Lowther, in the parliament 1693, may be applied to [22] him, ‘"I think Lowther has told you the true ſtate of the caſe; the greatneſs of his eſtate and mind, makes him too great to be ſuſpected in this matter*."’

Can it be ſeriouſly maintained as conſtitutional doctrine, that when the King hath recommended to Parliament, in a ſpeech from the Throne, any particular buſineſs, and a bill is brought in concerning that buſineſs, containing clauſes to which the King cannot poſſibly conſent, his Majeſty ſhall be reſtrained from conſulting with any of his hereditary Counſellors, or any perſon whatever, and from ſignifying his mind either privately or publicly.

It hath been ſaid, that Miniſters alone are reſponſible for public meaſures, and therefore, none but actual Miniſters can be allowed to adviſe the Sovereign: But there is here a falacy which it is not difficult to detect. Public meaſures in the executive part of adminiſtration, are thoſe for which Miniſters are reſponſible; [23] and therefore, they dare not carry into execution what they know to he wrong, or rather what they fear may ſubject them to puniſhment; but public meaſures in the deliberative part of adminiſtration, are not within the province of Miniſters, but belong to Parliament, until they have paſt both houſes, and come to receive the aſſent or negative of the King; and then, and not till then, does the Miniſters reſponſibility in that branch commence.

While a bill, then, is pending in Parliament, the Miniſter is perfectly ſecure in whatever way the influence of the Crown may be alledged to be uſed; for, Parliament is, or may be, altogether independent of that influence; and if being independent, they are ſwayed by it, it muſt be the influence of reaſon, and therefore an influence of which it would be unreaſonable to complain.

And what is the precedent which has been mentioned for all this jealouſy of [24] regal influence? It is a precedent taken from that gloomy period of our hiſtory, the reign of Charles I. when faction grew more and more virulent, till it became rank rebellion; and by murdering the King, changed our government into anarchy and uſurpation. The caſe which has been quoted was in 1641, when the ſuppreſſion of the rebellion in Ireland required ſpeedy and effectual meaſures to be taken, as the affairs of India do at preſent; and when attention to the former had been recommended from the Throne, as attention to the latter has now been.

The paſſage of Charles I.'s ſpeech, at which exceptions were taken, was as follows*:

"And that nothing be omitted on my part, I muſt here take notice of the bill for preſſing of ſoldiers, now depending among you, my Lords; concerning which, I here declare, That, in caſe it come ſo to me as it may not [25] infringe or diminiſh my prerogative, I will paſs it.

"And further, ſeeing there is a diſpute raiſed (I being little beholden to him, whoſoever, at this time, began it) concerning the bounds of this ancient and undoubted prerogative, to avoid further debate at this time, I offer that the bill may paſs, with a ſalvo jure both for King and people, leaving ſuch debates to a time that may better bear it: If this be not accepted, the fault is not mine that this bill paſs not, but thoſe that refuſe ſo fair an offer. To conclude, I conjure you by all that is or can be dear to you or me, that, laying away all diſputes, you go on cheerfully and ſpeedily for the reducing of Ireland."

The Houſe of Commons haſtily declared, that the privileges of Parliament had been broken, and deſired a conference about them with the Lords*.

[26] That conference being held, a declaratory proteſtation was entered in both Houſes of Parliament, and a humble remonſtrance and petition by the Lords and Commons was preſented to the ‘"King*, declaring it their ancient and undoubted right, that his Majeſty ought not to take notice of any matter in agitation of either Houſes of Parliament, but by their informations or agreement; and that his Majeſty ought not to propound any condition to any bill in either Houſe of Parliament, or declare his approbation or diſlike of the ſame before it be preſented to his Majeſty in due courſe of Parliament; and that his Majeſty ought not to conceive diſpleaſure againſt any man for ſuch opinions and propoſitions as he ſhall deliver and debate in Parliament, and declaring, that all theſe privileges had been lately broken, to the great ſorrow and grievance of his moſt humble and [27] faithful ſubjects, in the ſpeech which his Majeſty made in Parliament, beſeeching his Majeſty to protect them in theſe, and all other their privileges; and that his Majeſty would be pleaſed to make known the name or names of the perſon or perſons by whoſe miſinformation and evil counſel his Majeſty was induced to the ſame, that ſo he or they may receive ſuch condign puniſhment as ſhall appertain to juſtice in that behalf."’

Such is the ſubſtance of that production of factious turbulence and effrontery, to which a much injured Prince returned the following anſwer:

"My Lords and Gentlemen,

"In anſwer to your petition concerning Our ſpeech to the two Houſes of Parliament, the 14th December.

"Firſt, We do declare, that we had no thought or intention of breaking the privileges of Parliament; neither are we ſatisfied, that our being informed [28] of any bill tranſmitted by the Houſe of Commons to the Houſe of Peers, (eſpecially where our learned counſel are admitted by the Peers to ſpeak in our behalf, as they were in this caſe; and therefore our directions neceſſary therein), can be judged any breach of the privileges of Parliament.

"And as for our taking notice thereof, and deſiring the inſerting of a clauſe, (of ſaving all rights), we neither did willingly or knowingly do any thing to the breach of the privileges of Parliament; but what we did therein was in the great zeal we had, and ever ſhall have, to the ſuppreſſing the rebels in Ireland, the quick diſpatch of which bill contributed ſo much to the effecting thereof; and it could not but have received great delay, had it paſſed both Houſes in a way whereunto we could not have given our royal aſſent.

[29] "Neither had we any intention to expreſs any diſpleaſure againſt any particular man, for any opinions or propoſitions delivered by way of debate in either Houſe; for our intention was, to expreſs only a general diſlike of any queſtions that ſhould be raiſed, eſpecially at this time, concerning our prerogative and the liberty of the ſubject, ſuch as this is, being but a preamble, which might be left out without prejudice to the claim, and could not be approved by us without concluding our right.

"As for the laſt demand, that we ſhould declare the perſons that gave us information, it is no great wonder that we ſhould get information of the contents of the bill, ſince they were publiſhed in print before we ſpoke of them; yet though we ſhould have gotten notice otherwiſe, it is a thing much beneath us, to name any that ſhould give us information or counſel, [30] it being that which we would not impoſe upon any perſon of honour.

"Our concluſion is, That we had not the leaſt thought of breaking the privileges of Parliament, but ſhall, by our royal authority, ever protect and uphold them; and we expect that you will be as careful not to trench upon our juſt prerogative, as we will be not to infringe your juſt privileges and liberties; and then there will be little diſagreement betwixt us hereafter in this point."*

He to whom this does not appear a ſufficient anſwer in every reſpect, and who can ſtill wiſh to copy the petition and remonſtrance, muſt have a caſt of thinking ſo different from mine, that it would be in vain for me to argue with him.

Charles I. inſtead of talking to his Parliament in the high and imperious tone of Queen Elizabeth, had, with the beſt intentions, mildly endeavoured to [31] co-operate with them, in bringing forward a matter of great importance, in a manner conſiſtent with the royal prerogative, which it was his Majeſty's bounden duty to maintain. And as diſpatch was required, his Majeſty fairly notified to his Parliament, that they ſhould not waſte time in carrying through all the forms, a bill to which he could not aſſent, and told them with what limitation he could paſs it. Was not this a wiſe and a candid conduct? And what are we to think of thoſe who made an attack upon it? Pudet hoec opprobria.

And perhaps the caſe of the Eaſt-India bill may be juſtly reckoned to fall under the exceptions which Mr Hatſell, bred under the patronage of Onſlow, the Gamaliel of the Houſe of Commons, and therefore fully inſtructed in its privileges, and abundantly zealous for them, admits in his Precedents, under the head, ‘"KING is not to take notice of buſineſs depending."’ His words are: ‘"There are [32] however, in the proceedings of the Houſe of Commons, exceptions to this rule, neceſſarily ariſing out of their own forms and orders, as in thoſe caſes where the King is intereſted as a party in any bill depending before the Houſe, either as Patron of a living, Lord of the manor or ſoil, or in any other manner. Here, as it is the duty of his ſervants to acquaint him with the purport of ſuch bills, and to take care that his property or intereſt may be ſecured, or that he may have an adequate compenſation for them, it is uſual for the Chancellor of the Exchequer, or the Chancellor of the Duchy of Lancaſter, to acquaint the Houſe, either on preſenting the petition, or in the courſe of the bill, that his Majeſty having been informed of the purport of the ſaid bill, gives his conſent, as far as his Majeſty's intereſt is concerned, that the Houſe may do therein as they ſhall think fit. And this is no breach [33] of the privileges of the Houſe of Commons, as it is a proceeding founded on the fundamental rules of natural juſtice *."’

I deſire to know, if the King was not deeply intereſted in the Eaſt-India bill, both as it is transferred to certain Commiſſioners, great and important chartered rights, which, if forfeited, ſhould have reverted to the Crown, and been at his Majeſty's diſpoſal; and as it created a new and formidable power, civil and military, independent of his Majeſty? And ſuppoſing his Majeſty to have, at the time, ſuch ſervants as were more attached to miniſterial influence, than to royal prerogative, and did not acquaint his Majeſty with the purport and tendency of the bill,—were none of the real friends of the conſtitution, none of the King's faithful counſellors, to warn him of the danger; and if warned and convinced, [34] was a dead ſilence to be kept, and no diſapprobation to be diſcovered?

If it be urged, that it would have been more conſtitutional to have left the matter to the royal negative, I, in the firſt place, deny the propoſition; and, in the next place, I maintain, that acting in that manner might have occaſioned a more violent roar of faction, if we can ſuppoſe the bill to have paſſed both Houſes.

A notion has been pretty generally entertained, that the royal aſſent has been refuſed to no bill ſince the Revolution. But this is ſo far from being true, that part of the very Addreſs to his Majeſty, which was carried in the Houſe of Commons the other day, is copied from a repreſentation of that Houſe to William III. in 1693, bearing, ‘"That the uſage of Parliament in all times hath been, that what bills have been agreed to by both Houſes, for the redreſs of grievances, or other public good, have, when tendered [35] to the Throne, obtained the royal aſſent; and that there are very few inſtances in former reigns, where ſuch aſſent in ſuch caſes has not been given, and thoſe attended with great inconveniencies to the Crown of England."’

And then reflecting, ‘"that, ſince your Majeſty's acceſſion to the Crown, ſeveral public bills, made by advice of both Houſes of Parliament, have not obtained the royal aſſent; and in particular a bill entitled An Act touching free and impartial Proceedings in Parliament."’

And in concluſion, ‘"humbly praying, that, for the future, you will be graciouſly pleaſed to hearken to the advice of your Parliament, and not to the ſecret advice of particular perſons, who may have private intereſts of their own, ſeparate from the true intereſt of your Majeſty and your people *."’

Here then we have an inſtance of what an outcry may be raiſed, when a [36] bill has been permitted to make its way through both Houſes of Parliament, and then is cruſhed by the ultimate ſtroke of the royal negative. Then we ſee this part of the prerogative, the exerciſe of which has been of late ſo warmly invited, receives an indirect challenge, in expreſſions which might have ſtartled a timid Prince, or a Prince who had experienced the dreadful effects of a ſtorm of faction.

What was the anſwer made to this repreſentation, by a Prince who had been but a few years before elected to the throne? Did King William yield to the Houſe of Commons in any degree? Did he ſtoop to promiſe a different conduct in compliance with their wiſhes? No.—He gave them a general conſtitutional declaration, which any King might make at any time; and did not ſay one word to the particular ſubject of the repreſentation.

[37]

"Gentlemen,

"I am very ſenſible of the good affections you have expreſſed to me upon many occaſions, and of the zeal you have ſhewn for our common intereſt. I ſhall make uſe of this opportunity to tell you, that no Prince ever had a higher eſteem for the conſtitution of the Engliſh government than myſelf, and that I ſhall ever have a great regard to the advice of Parliaments. I am perſuaded, that nothing can ſo much conduce to the happineſs and welfare of this kingdom, as an entire confidence between the King and people; which I ſhall by all means endeavour to preſerve: And I aſſure you, I ſhall look upon ſuch perſons to be my enemies, who ſhall adviſe any thing that may leſſen it*."

That our Monarchy received a ſhock at the Revolution, cannot be denied. But it was a ſhock of political neceſſity, the reaſons [38] of which Blackſtone, that our minds may be quiet, wiſely puts upon ‘"the ſolid footing of authority."’‘"For our anceſtors having moſt indiſputably a competent juriſdiction to decide this great and important queſtion, and having in fact decided it, it is now become our duty, at this diſtance of time, to acquieſce in their determination*.’ But we ſee that, after the Revolution, though the line of ſucceſſion was changed, the Crown retained its prerogative as to Acts of Parliament, and exerciſed it with a bold reſolution.

A keen debate on King William's anſwer took place in the Houſe of Commons, which had, in effect, queſtioned his Majeſty's undoubted prerogative in refuſing his aſſent. It was moved, ‘"That an humble addreſs be made to the King for a farther anſwer."’ But there was principle and decency enough amongſt them [39] to reject it. In truth, to diſpute the King's free right of a negative upon any bill, is tantamount to inſiſting that he is a cypher in the conſtitution. And I admire the ſtrong blunt ſpeech of Mr Brewer, ‘"All agree, that the King hath a negative voice to bills: No body hath a greater reverence to Parliaments than myſelf; but the bill rejected was liable to exceptions. I gave my vote to make the Prince of Orange King; but will never give my vote to unking him."’ Let Mr Brewer of 1693 be oppoſed to Mr Baker of 1783, and the conſtitutional palm detur digniori.

The purpoſe of this Letter is to recommend to the people of Scotland, in their ſeveral counties, boroughs, corporations, and public bodies of every kind, to ADDRESS his Majeſty upon this momentous criſis, to expreſs their ſincere ſatisfaction, that a bill for veſting the affairs of the [40] Eaſt-India Company in certain Commiſſioners,—a bill dangerous at once to the rights of the King and people, has been rejected by his Majeſty's hereditary counſellors, the Houſe of Lords; aſſuring his Majeſty of their firm attachment to his Royal Perſon and Government, and of their ſupport of ſuch Miniſters as his Majeſty may be graciouſly pleaſed to chuſe for the ſtable adminiſtration of public affairs, at a time when ſtability is of moſt eſſential conſequence; humbly truſting, that his Majeſty's paternal care for the intereſts of his ſubjects, and due regard to the conſtitutional prerogative of his Crown, will prevent any infringement upon either.

Addreſſes, I know, have but too often been proſtituted. That is no reaſon why they ſhould never be preſented. I do not mean that either influence or ſolicitation ſhould be uſed: But if my countrymen in general are perſuaded of the [41] dangerous tendency of the late Eaſt-India bill, an honeſt expreſſion of their ſentiments upon its defeat, is a tribute due to thoſe who withſtood it; and may have weight in preventing a renewal of the attempt. It was urged by its principal abettor, that there had been no petitions againſt it, except from the city of London, and the borough of Chipping Wycombe. Let numerous Addreſſes prove, that time, and not will, was wanting. And as, in conſequence of the ſcheme for eſtabliſhing a new and formidable power having proved abortive, there is a conflict of parties with reſpect to an adminiſtration, let our moſt gracious Sovereign, whoſe exalted worth and benignity are far above my panegyric, have the comfort of knowing from his people themſelves, how they think and feel: And let Scotland, at the moſt intereſting period ſince the Reſtoration, aſſume the importance to which ſhe is entitled.

Let us, as much as we poſſibly can, diveſt ourſelves of private conſiderations, [42] more eſpecially how particular perſons of eminence may be affected one way or other. Whatever may be the abilities, whatever the good intentions of any of them, whatever our expectations from their influence, let us, upon this awful occaſion, think only of property and the conſtitution.

For my own part, I ſhould claim no credit, did I not flatter myſelf, that I practiſe what I now preſume to recommend. I have mentioned former circumſtances, perhaps, of too much egotiſm, to ſhow, that I am no time-ſerver; and, at this moment, friends to whom I am attached by affection, gratitude and intereſt, are zealous for the meaſure which I deem ſo alarming. Let me add, that a diſmiſſion of the Portland Adminiſtration, will probably diſappoint an object which I have moſt ardently at heart. But, holding an eſtate, tranſmitted to me through my anceſtors, [43] by charters from a ſeries of Kings, the importance of a Charter, and the prerogative of a King, impreſs my mind with ſeriouſneſs and with duty; and while animated, I hope, as much as any man, with genuine feelings of liberty, I ſhall ever adhere to our excellent monarchy, that venerable inſtitution under which liberty is beſt enjoyed.

FINIS.
Notes
*
General Oglethorpe, now the Father of the Britiſh army, being the oldeſt General, but without emolument, ſettled the Colony of Georgia. Pope thus celebrates him.
"Or driven by ſtrong benevolence of ſoul,
"Will fly like Oglethorpe from pole to pole."
Dr Johnſon.
*
Book I. Chap. 2.
*
Grey's Debates, Vol. 10. p. 377.
*
Journals of the Houſe of Lords, 17. Car. I. 14th Dec. 1641.
*
Journals of the Houſe of Commons, 17. Car. 1. 14th Dec. 1641.
*
Journals of the Houſe of Lords, vol. iv. p. 476-7.
*
Journals of the Houſe of Lords, vol. iv. p. 483.
*
Hatſell's Precedents of Proceedings in the Houſe of Commons, p. 230-1.
*
Journals of the Houſe of Commons, January 29. 1693.
*
Journals of the Houſe of Commons, January 31. 1693.
*
Book I. chap. 3.
Grey's Debates, vol. x. p. 376.
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TextGrid Repository (2020). TEI. 3800 A letter to the people of Scotland on the present state of the nation By James Boswell Esq. University of Oxford Text Archive. . https://hdl.handle.net/21.T11991/0000-001A-6229-8