lords, I know the proclamation was illegal; but I advised it because it was indispensably necessary to save the kingdom from famine: and I submit myself to the justice and mercy of my country."
Such language as this would have been manly, rational, and consistent:—not unfit for a lawyer, and every way worthy of a great man.
P.S. If Scævola should think proper to write again upon this subject, I beg of him to give me a direct answer; that is, a plain affirmative or negative, to the following questions:—In the interval between the publishing such a proclamation (or order of council) as that in question, and its receiving the sanction of the two houses, of what nature is it—is it legal or illegal?; Or, is it neither one nor the other?—I mean to be candid, and will point out to him the consequence of his answer either way.—If it be legal, it wants no farther sanction; if it be illegal, the subject is not bound to obey it, consequently it is a useless, nugatory act, even as to its declared purpose. Before the
