is character would be lessened in the public estimation, if he took it
on any other ground but right, or on any sort of compromise. The
authority of Parliament, as the great council of the nation, would be
interposed, not to confer but to declare the right. The mode of
proceeding should be that in a short time his Royal Highness should
signify his intention to act by directing a meeting of the Privy
Council, when he should declare his intention to take upon himself the
care of the state, and should at the same time signify his desire to
have the advice of Parliament, and order it by proclamation to meet
early for the despatch of business.... It is of vast importance in the
outset that he should appear to act entirely of himself, and, in the
conferences he must necessarily have, not to consult, but to listen and
direct." The entire paper is given by Lord Campbell ("Lives of the
Chancellors," c. clxx.).]
[Footnote 117: Hume's account of this transaction is, that the Duke
"desired that it might be recorded in Parliament that this authority was
conferred on him from their own free motion, without any application on
his part; ... and he required that all the powers of his office should
be specified and defined by Parliament."]
[Footnote 118: "Parliamentary History," xxvii., 803--speech of Mr.
Hardinge, one of the Welsh judges, and M.P. for Old Sarum.]
[Footnote 119: I take this report, or abstract, of Lord Camden's speech
from the "Lives of the Chancellors," c. cxlvii.]
[Footnote 120: "Memorials of Fox," ii., 292.]
[Footnote 121: The proceedings of the Irish Parliament on this occasion
will be mentioned in the next chapter.]
[Footnote 122: Mr. Hallam (iii., 144, ed. 1832) gives a definition of
the term "unconstitutional" which seems rather singular: "By
unconstitutional, as distinguished from 'illegal,' I mean a novelty of
much importance, tending to endanger the established laws." May not the
term rather be regarded as referring to a distinct class of acts--to
those at variance with the recognized _spirit_ of the constitution or
principles of government, with the preservation of the liberties of the
people, as expressed or implied in the various charters, etc., but not
forbidden by the express terms of any statute?]
[Footnote 123: The entry in the "Parliamentary History," November 20,
1788, is: "Both Houses met pursuant to the last prorogation. Later
meetings were in consequence of successive adjournments."]
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