Indeed, the solemn use of such language as Mr. Pitt, in his over-acted Whiggism, employed upon this occasion, — namely, that the “right” of appointing a substitute for the Royal power was “to be found in the voice and the sense of the people,” — is applicable only to those conjunctures, brought on by misrule and oppression, when all forms are lost in the necessity of relief, and when the right of the people to change and choose their rulers is among the most sacred and inalienable that either nature or social polity has ordained. But, to apply the language of that last resource to the present emergency was to brandish the sword of Goliath [Footnote: A simile applied by Lord Somers to the power of Impeachment, which, he said, “should be like Goliath’s sword, kept in the temple, and not used but upon great occasions.”] on an occasion that by no means called for it.
The question of the Prince’s claim, — in spite of the efforts of the Prince himself and of his Royal relatives to avert the agitation of it, — was, for evident reasons, forced into discussion by the Minister, and decided by a majority, not only of the two Houses but of the nation, in his favor. During one of the long debates to which the question gave rise, Mr. Sheridan allowed himself to be betrayed into some expressions, which, considering the delicate predicament in which the Prince was placed by the controversy, were not marked with his usual tact and sagacity. In alluding to the claim of Right advanced for His Royal Highness, and deprecating any further agitation of it, he “reminded the Right Honorable Gentleman (Mr. Pitt) of the danger of provoking that claim to be asserted [a loud cry of hear! hear!], which, he observed, had not yet been preferred. [Another cry of hear! hear!]” This was the very language that Mr. Pitt most wished his adversaries to assume, and, accordingly, he turned it to account with all his usual mastery and haughtiness. “He had now,” he said, “an additional reason for asserting the authority of the House, and defining the boundaries of Right, when the deliberative faculties of Parliament were invaded, and an indecent menace thrown out to awe and influence their proceedings. In the discussion of the question, the House, he trusted, would do their duty, in spite of any threat that might be thrown out. Men, who felt their native freedom, would not submit to a threat, however high the authority from which it might come.” [Footnote: Impartial Report of all the Proceedings on the Subject of the Regency]
The restrictions of the Prerogative with which Mr. Pitt thought proper to encumber the transfer of the Royal power to the Prince, formed the second great point of discussion between the parties, and brought equally adverse principles into play. Mr. Fox, still maintaining his position on the side of Royalty, defended it with much more tenable weapons than the question of Right had enabled him to wield. So founded, indeed, in the purest principles of Whiggism did he consider his opposition, on this memorable occasion, to any limitation of the Prerogative in the hands of a Regent, that he has, in his History of James II., put those principles deliberately upon record, as a fundamental article in the creed of his party. The passage to which I allude occurs in his remarks upon the Exclusion Bill; and as it contains, in a condensed form, the spirit of what he urged on the same point in 1789, I cannot do better than lay his own words before the reader. After expressing his opinion that, at the period of which he writes, the measure of exclusion from the monarchy altogether would have been preferable to any limitation of its powers, he proceeds to say:— “The Whigs, who consider the powers of the Crown as a trust for the people, a doctrine which the Tories themselves, when pushed in argument, will sometimes admit, naturally think it their duty rather to change the manager of the trust than impair the subject of it; while others, who consider them as the right or property of the King, will as naturally act as they would do in the case of any other property, and consent to the loss or annihilation of any part of it, for the purpose of preserving the remainder to him, whom they style the rightful owner.” Further on he adds:— “The Royal Prerogative ought, according to the Whigs, to be reduced to such powers as are in their exercise beneficial to the people; and of the benefit of these they will not rashly suffer the people to be deprived, whether the executive power be in the hands of an hereditary or of an elective King, of a Regent, or of any other denomination of magistrate; while, on the other hand, they who consider Prerogative with reference only to Royalty will, with equal readiness, consent either to the extension or the suspension of its exercise, as the occasional interests of the Prince may seem to require.”
Taking this as a correct exposition of the doctrines of the two parties, of which Mr. Fox and Mr. Pitt may be considered to have been the representatives in the Regency question of 1789, it will strike some minds that, however the Whig may flatter himself that the principle by which he is guided in such exigencies is favorable to liberty, and however the Tory may, with equal sincerity, believe his suspension of the Prerogative on these occasions to be advantageous to the Crown, yet that in both of the principles, so defined, there is an evident tendency to produce effects, wholly different from those which the parties professing them contemplate.
On the one side, to sanction from authority the notion, that there are some powers of the Crown which may be safely dispensed with, — to accustom the people to an abridged exercise of the Prerogative, with the risk of suggesting to their minds that its full efficacy needs not be resumed, — to set an example, in short, of reducing the Kingly Power, which, by its success, may invite and authorize still further encroachments, — all these are dangers to which the alleged doctrine of Toryism, whenever brought into practice, exposes its idol; and more particularly in enlightened and speculative times, when the minds of men are in quest of the right and the useful, and when a superfluity of power is one of those abuses, which they are least likely to overlook or tolerate. In such seasons, the experiment of the Tory might lead to all that he most deprecates, and the branches of the Prerogative, once cut away, might, like the lopped boughs of the fir-tree, never grow again.
On the other hand, the Whig, who asserts that the Royal Prerogative ought to be reduced to such powers as are beneficial to the people, and yet stipulates, as an invariable principle, for the transfer of that Prerogative full and unimpaired, whenever it passes into other hands, appears, even more perhaps than the Tory, to throw an obstacle in the way of his own object. Circumstances, it is not denied, may arise when the increase of the powers of the Crown, in other ways, may render it advisable to control some of its established prerogatives. But, where are we to find a fit moment for such a reform, — or what opening will be left for it by this fastidious Whig principle, which, in 1680, could see no middle step between a change of the Succession and an undiminished maintenance of the Prerogative, and which, in 1789, almost upon the heels of a Declaration that “the power of the Crown had increased and ought to be diminished,” protested against even an experimental reduction of it!
According to Mr. Fox, it is a distinctive characteristic of the Tory, to attach more importance to the person of the King than to his office. But, assuredly, the Tory is not singular in this want of political abstraction; and, in England, (from a defect, Hume thinks, inherent in all limited monarchies,) the personal qualities and opinions of the Sovereign have considerable influence upon the whole course of public affairs, — being felt alike in that courtly sphere around them where their attraction acts, and in that outer circle of opposition where their repulsion comes into play. To this influence, then, upon the government and the community, of which no abstraction can deprive the person of the monarch, the Whig principle in question (which seems to consider entireness of Prerogative as necessary to a King, as the entireness of his limbs was held to be among the Athenians,) superadds the vast power, both actual and virtual, which would flow from the inviolability of the Royal office, and forecloses, so far, the chance which the more pliant Tory doctrine would leave open, of counteracting the effects of the King’s indirect personal influence, by curtailing or weakening the grasp of some of his direct regal powers. Ovid represents the Deity of Light (and on an occasion, too,
which may be called a Regency question) as crowned with movable rays, which might be put off when too strong or dazzling. But, according to this principle, the crown of Prerogative must keep its rays fixed and immovable, and (as the poet expresses it) “circa caput OMNE micantes.”
Upon the whole, however high the authorities, by which this Whig doctrine was enforced in 1789, its manifest tendency, in most cases, to secure a perpetuity of superfluous powers to the Crown, appears to render it unfit, at least as an invariable principle, for any party professing to have the liberty of the people for their object. The Prince, in his admirable Letter upon the subject of the Regency to Mr. Pitt, was made to express the unwillingness which he felt “that in his person an experiment should be made to ascertain with how small a portion of kingly power the executive government of the country might be carried on;” — but imagination has not far to go in supposing a case, where the enormous patronage vested in the Crown, and the consequent increase of a Royal bias through the community, might give such an undue and unsafe preponderance to that branch of the Legislature, as would render any safe opportunity, however acquired, of ascertaining with how much less power the executive government could be carried on, most acceptable, in spite of any dogmas to the contrary, to all true lovers as well of the monarchy as of the people.
Having given thus much consideration to the opinions and principles, professed on both sides of this constitutional question, it is mortifying, after all, to be obliged to acknowledge, that, in the relative situation of the two parties at the moment, may be found perhaps the real, and but too natural, source of the decidedly opposite views which they took of the subject. Mr. Pitt, about to surrender the possession of power to his rival, had a very intelligible interest in reducing the value of the transfer, and (as a retreating army spike the guns they leave behind) rendering the engines of Prerogative as useless as possible to his successor. Mr. Fox, too, had as natural a motive to oppose such a design; and, aware that the chief aim of these restrictive measures was to entail upon the Whig ministry of the Regent a weak Government and strong Opposition, would, of course, eagerly welcome the aid of any abstract principle, that might sanction him in resisting such a mutilation of the Royal power; — well knowing that (as in the case of the Peerage Bill in the reign of George I.) the proceedings altogether were actuated more by ill-will to the successor in the trust, than by any sincere zeal for the purity of its exercise.
Had the situations of the two leaders been reversed, it is more than probable that their modes of thinking and acting would have been so likewise. Mr. Pitt, with the prospect of power before his eyes, would have been still more strenuous, perhaps, for the unbroken transmission of the Prerogative — his natural leaning on the side of power being increased by his own approaching share in it. Mr. Fox, too, if stopped, like his rival, in a career of successful administration, and obliged to surrender up the reins of the state to Tory guidance, might have found in his popular principles a still more plausible pretext, for the abridgment of power in such unconstitutional hands. He might even too, perhaps, (as his India Bill warrants us in supposing) have been tempted into the same sort of alienation of the Royal patronage, as that which Mr. Pitt now practised in the establishment of the Queen, and have taken care to leave behind him a stronghold of Whiggism, to facilitate the resumption of his position, whenever an opportunity might present itself. Such is human nature, even in its noblest specimens, and so are the strongest spirits shaped by the mould in which chance and circumstances have placed them.
Mr. Sheridan spoke frequently in the Debates on this question, but his most important agency lay in the less public business connected with it. He was the confidential adviser of the Prince throughout, directed every step he took, and was the author of most of his correspondence on the subject. There is little doubt, I think, that the celebrated and masterly Letter to Mr. Pitt, which by some persons has been attributed to Burke, and by others to Sir Gilbert Elliot (afterwards Lord Minto), was principally the production of Mr. Sheridan. For the supposition that it was written by Burke there are, besides the merits of the production, but very scanty grounds. So little was he at that period in those habits of confidence with the Prince, which would entitle him to be selected for such a task in preference to Sheridan, that but eight or ten days before the date of this letter (Jan. 2.) he had declared in the House of Commons, that “he knew as little of the inside of Carlton House as he did of Buckingham House.” Indeed, the violent state of this extraordinary man’s temper, during the whole of the discussions and proceedings on the Regency, would have rendered him, even had his intimacy with the Prince been closer, an unfit person for the composition of a document, requiring so much caution, temper, and delicacy.
The conjecture that Sir Gilbert Elliot was the author of it is somewhat more plausible, — that gentleman being at this period high in the favor of the Prince, and possessing talents sufficient to authorize the suspicion (which was in itself a reputation) that he had been the writer of a composition so admirable. But it seems hardly necessary to go farther, in quest of its author, than Mr. Sheridan, who, besides being known to have acted the part of the Prince’s adviser through the whole transaction, is proved by the rough copies found among his papers, to have written several other important documents connected with the Regency.
I may also add that an eminent statesman of the present day, who was at that period, though very young, a distinguished friend of Mr. Sheridan, and who has shown by the ability of his own State Papers that he has not forgot the lessons of that school from which this able production emanated, remembers having heard some passages of the Letter discussed in Bruton-street, as if it were then in the progress of composition, and has always, I believe, been under the impression that it was principally the work of Mr. Sheridan. [Footnote: To this authority may be added also that of the Bishop of Winchester, who says,— “Mr. Sheridan was supposed to have been materially concerned in drawing up this admirable composition.”]
I had written thus far on the subject of this Letter — and shall leave what I have written as a memorial of the fallacy of such conjectures — when, having still some doubts of my correctness in attributing the honor of the composition to Sheridan, I resolved to ask the opinion of my friend, Sir James Mackintosh, a person above all others qualified, by relationship of talent, to recognize and hold parley with the mighty spirit of Burke, in whatever shape the “Royal Dane” may appear. The strong impression on his mind — amounting almost to certainty — was that no other hand but that of Burke could have written the greater part of the letter; [Footnote: It is amusing to observe how tastes differ; — the following is the opinion entertained of this letter by a gentleman, who, I understand, and can easily believe, is an old established Reviewer. After mentioning that it was attributed to the pen of Burke, he adds,— “The story, however, does not seem entitled to much credit, for the internal character of the paper is too vapid and heavy for the genius of Burke, whose ardent mind would assuredly have diffused vigor into the composition, and the correctness of whose judgment would as certainly have preserved it from the charge of inelegance and grammatical deficiency.” — DR. WATKINS, Life of Sheridan. Such, in nine cases out of ten, are the periodical guides of public taste.] and by a more diligent inquiry, in which his kindness assisted me, it has been ascertained that his opinion was, as it could not fail to be, correct. The following extract from a letter written by Lord Minto at the time, referring obviously to the surmise that he was, himself, the author of the paper, confirms beyond a doubt the fact, that it was written almost solely by Burke: —
“January 31st, 1789.
“There was not a word of the Prince’s letter to Pitt mine. It was originally Burke’s, altered a little, but not improved, by Sheridan and other critics. The answer made by the Prince yesterday to the Address of the two Houses was entirely mine, and done in a great hurry half an hour before it was to be delivered.”
While it is with regret I give up the claim of Mr. Sheridan
to this fine specimen of English composition, it but adds to my intense admiration of Burke — not on account of the beauty of the writing, for his fame required no such accession — but from that triumph of mind over temper which it exhibits — that forgetfulness of Self, the true, transmigrating power of genius, which enabled him thus to pass his spirit into the station of Royalty, and to assume all the calm dignity, both of style and feeling, that became it.
It was to be expected that the conduct of Lord Thurlow at this period should draw down upon him all the bitterness of those who were in the secret of his ambidextrous policy, and who knew both his disposition to desert, and the nature of the motives that prevented him. To Sheridan, in particular, such a result of a negotiation, in which he had been the principal mover and mediator, could not be otherwise than deeply mortifying. Of all the various talents with which he was gifted, his dexterity in political intrigue and management was that of which he appears to have been most vain; and this vanity it was that, at a later period of his life, sometimes led him to branch off from the main body of his party, upon secret and solitary enterprises of ingenuity, which — as may be expected from all such independent movements of a partisan — generally ended in thwarting his friends and embarrassing himself.
Delphi Complete Works of Richard Brinsley Sheridan Page 136
