At this conjuncture Lord Rockingham had the wisdom to discern the value, and secure the aid, of an ally, who, to eloquence surpassing the eloquence of Pitt, and to industry which shamed the industry of Grenville, united an amplitude of comprehension to which neither Pitt nor Grenville could lay claim. A young Irishman had, some time before, come over to push his fortune in London. He had written much for the booksellers; but he was best known by a little treatise, in which the style and reasoning of Bolingbroke were mimicked with exquisite skill, and by a theory, of more ingenuity than soundness, touching the pleasures which we receive from the objects of taste He had also attained a high reputation as a talker, and was regarded by the men of letters who supped together at the Turk's Head as the only match in conversation for Dr. Johnson. He now became private secretary to Lord Rockingham, and was brought into Parliament by his patron's influence. These arrangements, indeed, were not made without some difficulty. The Duke of Newcastle, who was always meddling and chattering, adjured the First Lord of the Treasury to be on his guard against this adventurer, whose real name was O'Bourke, and whom his Grace knew to be a wild Irishman, a Jacobite, a Papist, a concealed Jesuit. Lord Rockingham treated the calumny as it deserved; and the Whig party was strengthened and adorned by the accession of Edmund Burke.
The party, indeed, stood in need of accessions; for it sustained about this time an almost irreparable loss. The Duke of Cumberland had formed the Government, and was its main support.
His exalted rank and great name in some degree balanced the fame of Pitt. As mediator between the Whigs and the Court, he held a place which no other person could fill. The strength of his character supplied that which was the chief defect of the new ministry. Conway, in particular, who, with excellent intentions and respectable talents, was the most dependent and irresolute of human beings, drew from the counsels of that masculine mind a determination not his own. Before the meeting of Parliament the Duke suddenly died. His death was generally regarded as the signal of great troubles, and on this account, as well as from respect for his personal qualities, was greatly lamented. It was remarked that the mourning in London was the most general ever known, and was both deeper and longer than the Gazette had prescribed.
In the meantime, every mail from America brought alarming tidings. The crop which Grenville had sown his successors had now to reap, The colonies were in a state bordering on rebellion. The stamps were burned. The revenue officers were tarred and feathered. All traffic between the discontented provinces and the mother country was interrupted. The Exchange of London was in dismay. Half the firms of Bristol and Liverpool were threatened with bankruptcy. In Leeds, Manchester, Nottingham, it was said that three artisans out of every ten had been turned adrift.
Civil war seemed to be at hand; and it could not be doubted that, if once the British nation were divided against itself, France and Spain would soon take part in the quarrel.
Three courses were open to the ministers. The first was to enforce the Stamp Act by the sword. This was the course on which the King, and Grenville, whom the King hated beyond all living men, were alike bent. The natures of both were arbitrary and stubborn. They resembled each other so much that they could never be friends; but they resembled each other also so much that they saw almost all important practical questions in the same point of view. Neither of them would bear to be governed by the other; but they were perfectly agreed as to the best way of governing the people.
Another course was that which Pitt recommended. He held that the British Parliament was not constitutionally competent to pass a law for taxing the colonies. He therefore considered the Stamp Act as a nullity, as a document of no more validity than Charles's writ of ship-money, or James's proclamation dispensing with the penal laws. This doctrine seems to us, we must own, to be altogether untenable.
Between these extreme courses lay a third way. The opinion of the most judicious and temperate statesmen of those times was that the British constitution had set no limit whatever to the legislative power of the British King, Lords, and Commons, over the whole British Empire. Parliament, they held, was legally competent to tax America, as Parliament was legally competent to commit any other act of folly or wickedness, to confiscate the property of all the merchants in Lombard Street, or to attaint any man in the kingdom of high treason, without examining witnesses against him, or hearing him in his own defence. The most atrocious act of confiscation or of attainder is just as valid an act as the Toleration Act or the Habeas Corpus Act. But from acts of confiscation and acts of attainder lawgivers are bound, by every obligation of morality, systematically to refrain. In the same manner ought the British legislature to refrain from taxing the American colonies. The Stamp Act was indefensible, not because it was beyond the constitutional competence of Parliament, but because it was unjust and impolitic, sterile of revenue, and fertile of discontents. These sound doctrines were adopted by Lord Rockingham and his colleagues, and were, during a long course of years, inculcated by Burke, in orations, some of which will last as long as the English language.