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Yonge, Charles Duke, 1812-1891

"The Constitutional History of England from 1760 to 1860"

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[Footnote 22: In his "Lives of the Chief-justices" (c. xxxvi., life of
Lord Mansfield), Lord Campbell says, with reference to this case: "The
Chief-justice's only considerable public exhibition during this period
was his attack on the unconstitutional assertion of Lord Chatham and
Lord Camden, that, in a case of great public emergency, the crown could
by law dispense with an act of parliament. The question arising from the
embargo on the exportation of corn, in consequence of apprehended
famine, he proved triumphantly that, although the measure was expedient
and proper, it was a violation of law, and required to be sanctioned by
an act of indemnity." And Lord Campbell adds, in a note: "This doctrine,
acted upon in 1827, during the administration of Mr. Canning, and on
several subsequent occasions, is now universally taken for
constitutional law" (ii., 468).]
[Footnote 23: To adduce a single instance, worthy of remark as affecting
the personal liberty of the subject, in 1818 a bill of indemnity was
passed to sanction the action of the ministry in arresting and detaining
in prison, without bringing them to trial, several persons accused of
being implicated in seditious proceedings (_vide infra_).]
[Footnote 24: Vol. xvii., 304.]
[Footnote 25: The case is mentioned by Lord Campbell in his "Lives of
the Chancellors," c.


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