Page:Life of William Shelburne (vol 1).djvu/348

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322
WILLIAM, EARL OF SHELBURNE
CH. VIII

sentative in the Cabinet, resignation was difficult if not impossible.[1] He accordingly kept the seals, and, while the air was heavy with rumour and intrigue, occupied himself in settling the difficulty about the Mutiny Act with the state of New York. The Assembly of that province had now made a grant for the use of the army without any special appropriation. The Attorney and Solicitor-General[2] advised that this was technically a sufficient compliance with the terms of the Mutiny Act; and Shelburne eagerly seized the opportunity thus afforded of closing the controversy.

"I have His Majesty's commands," he wrote to Sir H. Moore, "to transmit to you an Act of the last session of Parliament for restraining and prohibiting the Governor, Council, and House of Representatives of the province of New York, until provision shall have been made for furnishing the King's troops with all the necessaries required by law, and from passing or assenting to any Act of Assembly, vote or resolution for any other purpose.

"This law you will perceive was enacted for the purpose of enforcing the obedience of the Assembly of New York to the terms of the Mutiny Act, but at the same time framed with that singular temper and lenity as to offer that Assembly an opportunity of rectifying their conduct, and this without involving them in any disabilities except as the consequence of further disobedience. Nor is the province itself subjected to inconvenience thereby, without leaving it in the power of the people by a proper conduct and a due exertion of their privileges to avoid or remove them.

"Since the passing this Act I have received your letter of June 18th acquainting me that the Assembly have in their address to you declared their intention of making that provision for the troops which is prescribed by the Mutiny Act.

"I lost no time in laying this letter before His Majesty, who was graciously pleased to express his satisfaction that

  1. Autobiography of Grafton, ch. vi. 213.
  2. Shelburne to Chatham, February 3rd, 1774.