THE
Number 435.
ORTH-CAROLINA GAZETTE.
With the lateft ADVICES, Foreign and Domestic.
1778.
SEMPER PRO LIBEJR.TATE, ET BONO PUBLICO.
the dignity of this houfc. Your lordlhips would hardly force
one of yourfelves to bring witnefs to the bar to prove a tact of 4,
much notoriety. But, ray lords, 1 will trouble your larouiips
no mure upon this head. Perceiving that the prefent minifrers
are to vote away that privilege which a better miniflry mould
1 wifti to preferve, 1 (hall withdraw my motion for the attendance
of the judges, and will take the fenfe of this houfe upon thofe
points which were intended to be propounded to them.
My lords, it cannot be expefted of me, that I enter minuteTp
into the difcuffion of the great and important queftion that I ;im
now about to fubmit to your lordlTiips consideration. As this
would have been the buiinefs of the judges, had they attended,
fo muft i now leave it to the wifer and better informed of this
houfe ; but, my lords, as your lordlhips may expeft my fenfe of
this matter, it is my duty not to withhold it from you.
My ljrds, I will read your lordlhips an advert. feuiettt from a
11- L 1- L L. J
DUD tc DaDer. wnicn 1 nave in my uanu. t
Here the advertifement from the London tavern was read.
My lords, if this be not unconstitutional, I know not what is.
In my poor opinion, itis not only the m.ft notorious violation
of the rights of parliament that has happened iince the levying of
ftup muney, but when I compare the cafes together, and confi
der what has been done fince, in the eftabliftiment of our conili-
w r 1 ,a . k'. - 1 . .L... LL . mm ma
tution, 1 can lee no difference Detween uitm, tncy uuw, vj u.s
appear equally unconiiitutional.
Charlts the firft exa&ed money from his fu' j-cls, without the
auch rity of parliament. Here, my luids, is a let ot contractors
under the immediate influence of the crown, and would be-con -tra&orf,
with fuch like vermin of the ftate, entering into a very
large fubfeription of money (per.ding the fitting of parliament,
and without its authority ) for raifing men to ferve his m jtty, in
wiiac manner nc man ice m.
I am aware, mv lords. I mall be told, that the one is a volun
tary aft, and the other was the effeft off compulfioh ; but this
my lords makes no alteration in the cafe. It was the thing ob
tained and not the mode of obtaining it, that conflicted the il
legality. It was the money that Charles wanted, that he might
have nothing to fay to his parliament i and whether he obtained
ft by exaction, or by gift, the danger and the, illegality were ths
fame. '
It is true, the petition of right fays thaUio man (hall be
compelled to make or yield any gift, 1 as ben -Wence, tax, or
fuch like charge, without ct.mm n cob fen t by ad of parliament ;
but, my lords, it is not by the letter of the law that parliament
is to be directed, but by the fpirft of the conftitution. And, my
lords, wnat is tne meaning 01 me iaw unciu, ..u w ipan vi
the conftitution ? It is, tny lords, and no lord of parliament will
will venture to deny it, that the king (hall receive no fupplies but
through the medium of parliament ; for this is cO make the king
independent of parliament, and to make parliament an ufelefs
burthen upon the nation. Money is power ; money produces ar
mies, and againft armies the liberties of this country cannot con
tend. Aud yet, my lords, here is money fqbf.ribing, in vaft
fums, for railing armies, to the ufe of the crown, without grant
My lords I will repeat and aver, that there is no difference
LONDON. Ftb 6, 1778.
l&ttcb on WtdneiJav off.
mf m a r
Mr Lords,
tit. IN 1 made my iart motion to your lorornips tor
a cail of the judges, in order to take their opini
ons npoa the legality of raifing regiments for his
majefty's fervice Without the fa net ion of parlia
ment, I had two reaf ns for doing fo.
My firft reafon was, my own c n ctous want of legal know-
M fecond, that the rrrw judge , like the twelve apoflles,
..-.- f 1 A imt rnu Inr ? m-m n . ill r. . m Cp -i .C
A I..J.. F - r 1 f . , mm lki mmmmmUm Kti.-n
, tnerC WSJ UIIC JUUM jitanci, aj m iw.w mv I'v ri...
II ..11 i . . A U , n-iaOo-. n r A il ttk o Ir . t.r mv 1 . i i rK
forbid, that under the fembl.ice cf attach irent, thre be
I. .J.. I V-o.lr orrrnn i.nr inr!" v l T fiv in- ! . A - that the
i mm T 1 f 1 t k
m t . i -
is, corr Ttion has taken an higher courts and u is cur legit-
n r v h v v ni m mm mm m m - m tm .. m v m i v k j i t u u " a mm - - t t
-a .w. . h t ft n j irtMirin ..I rn.-m i. i . n ir
d an unbufld opinion.
Such, my lords, were thf motives cf mv motion ; bu; there
i iri'i nrnrr rrri-iii'u l iidii in . n it. ubi ii i iiau v. i u ui.n
judges, being the c nthtuti nal artendnrs of this houfe, to
ifr with rhrm in pcints law, was tne very reaf n of taetf
! r -H !- I " l - . L . U I. ..." ..
f 1 , Inu tnar ir was or r i jnt io every peer ui mc iiunu , iui
more fate and bet:er direttiun ol hi vote and conduit, to call
ther attendance to thi end but, my lords, inlteavd of this,
d .hit none have a right to information tha are not in the
p ty. It rh m j rity minjc nr, tne jaages may give ineir u-
ton?: il iiicrv a nuu uw miuuiuy iimu m
t has hfrn ol,j;ctd that no fingle lord has a right to car for
attend rjee of tnr judges. In the tuft place, I d-.-ny he farfi,
.m m m i 11 .. 1 ' ' . J 4 - . L .
r ;n ..cim int-.-i ra tor 'neir aitenaance. it was me
t m-.ny, and of thofe who ought to hare the greateft
v,:h this houfr j but if it had not been fo, and I were a-
t ;s motion, I would maint.iin the privilege in my own
n. Let the journals of the houfe Aew an order to the con-
'..- m m . . .
nother rhieclion was en account of the tnexpeciency or putting
i m
n a-queflioa to the j jdges. G od Ood ! mv l.-r.s, can it e-
t J? f. 2.L. 4l . tmm. Vm tovr0
ie lnrxpOiept to Knew nni irt'in Mrrcii i - "
th;s ? I only afk to have the laws of the land expounded to
I ....-A .Aikitin i hr mi . all I r'.e'.-.r-n was : r , Mr Pll a t IO r. :
A iyjuiu iiuihiii .i..,".. ,
nding-, that if his mcde of raifing mm was legal, to propofe
nociatton of tndepenacne wngs 01 rnu e u iry, mr pui-
of embodying troops to d -fend the King, ar d preierve tne
r, 1 .11. . . .,,,i.-r. c,,,,i,fpninr
H O I l'n . If If DC li ICV I . UUW UUMlUIIBUI-i' . w w v .ft . r
----- a -
encourage illegality I
r.e third r.bjeftiou was, tht T had not proved the faft, that
. tMs qui! bl. might weil b'CCire a pteader at the Old Bai
bat it wa unbecoming ot him f.om whom it came, and of