Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924013335934 Cornell University Library PR 1325.G65 1852 Select British eloquence; embracing tlie b 3 1924 013 335 934 SELECT BRITISH ELOQUENCE: EMBRACING THE BEST SPEECHES ENTIRE, OF THE MOST EMINENT ORATORS OF GtEkT BRITAIN fm ttiE tot ttQD toteH; WITH SKETCHES OF THEIR LIVES, AN ESTIMATE OF THEIR GENIUS, AND NOTES, CRITICAL AND EXPLANATORY. BY CHAUNCEY A. GOODRICH, D.D., PROFESSOR IN YALE COLLEGE. NEW YORK: HARPER & BROTHERS, PUBLISHERS, 329 & 331 PEARL STREET, FRANKLIN SQUARE. MDCCCLII. Entered, according to Act of Congress, in the year one thousand eight hundred and fifty-two, by Chauncet a. Goodrich, in the Office of the Clerk of the District Court of the District of Connecticut PREFACE. Me. Hume has somewhere remarked, that " he who would teach eloquence must do it chiefly hy examples." The author of this volume was forcibly- struck with this remark in early life ; and in entering on the oflice of Pro- fessor of Rhetoric in Yale College, more than thirty years ago, besides the ordinary instructions in that department, he took Demosthenes' Oration for the Crown as a text-book in the Senior Class, making it the basis of a course of informal lectures on the principles of oratory. Modern eloquence came next, and he endeavored, in a distinct course, to show the leading character- istics of the great orators of our own language, and the best'mode of study- ing them to advantage. His object in both courses wsts, not only to awaken in the minds of the class that love of genuine eloquence which is the surest pledge of success, but to aid them in catching the spirit of the authors read, and, by analyzing passages selected for the purpose, to initiate the pupil in those higher principles which (whether they were conscious of it or not) have always guided the great masters of the art, till he should learn the un- written rules of oratory, which operate by a kind of instinct upon the mind, and are far more important than any that are found in the books. Such is the origin of this volume, Which contains the matter of the second course of lectures mentioned above, cast into another form, in connection with the speeches of the great British orators of the first and second class. A distinct volume would be necessary for American eloquence, if the lectures on that subject should ever be published. .-^- ' The speeches selected are those which, by the general suffrage of the En- glish public, are regarded as the master-pieces of their respective authors. They are in almost every instance given entire, because the object is td have each of them studied as a complete system of thought. Detached passages of extraordinary force and beauty may be useful as exercises in elocution ; but, if dwelt upon exclusively as models of style, they are sure to vitiate the taste. It is like taking all one's nutriment from highly-seasoned food and stimulating drinks. As to the orators chosen, Chatham, Burke, Fox, and Pitt stand, by uni- versal consent, at the head of our eloquence, and to these Eeskine may be added as the greatest of our forensic orators. Every thing, however imper- fect, from a man like Chatham is of interest to the student in oratory, and therefore all his speeches are here inserted, including eight never before pub- lished in this country. All of Burke's speeches which he prepared for the press have also found a place, except that on Economical Reform, which, relating to mere matters of English finance, has less interest for an American. In room of this, the reader will find the most striking passages in his works on the French Revolution, so that this volume contains nearly every thing which most persons can have any desire to study in the pages of Mr. Burke. Six of Fox's great speeches are next given, and three of Pitt's, with copious extracts from the early efforts of the latter ; together with nine of Eeskinb's ablest arguments, being those on which his reputation mainly rests. Among the orators of the second class, the reader will find in this volume four speeches of Lord Mansfield ; two of Mr. Gtrattan's, with his invectives against Flood and Corry ; Mr. Sheridan's celebrated speech against Hast- ir PREFACE. ings ; three- of Mr. Curran's ; Six James Mackintosh s famous speech for Peltier ; four of Mr. Canning's ; and five of Lord Buoughaim's, includinghis instructive discourse on the study of eloquence in the G-reek orators. Some of the most finished letters of Junius are given in their proper place, with re- marks on his style as an admirable model of condensation, elegance, and force. In the first fifty pages will be fouhd nearly all the celebrated speeches before the days of Lord Chatham, from Sir Robert Walpole, Lord Chester- field, Mr. Pulteney, Lord Belhavbn, Sir John Digby, the Earl of Straf- ford, and Sir John Eliot. The selections in this volume extend through a period of two hundred years, and embrace a very large proportion of the most powerfiil eloquence of Great Britain. The following are the aids afforded for the study of these speeches : (1.) A memoir of each orator, designed to show his early training in elo- quence, the leadhig events of his public life, the peculiar cast of his gfijiius, and the distinctive characteristics of his oratory. It ought to be said, in justice to the author, that these sketches were completed in every essential particular, long before the publication of Lord Brougham's work upon Brit- ish Statesmen. (2.) A historical introduction to each of the speeches, explaining minutely the circumstances of the case, the state of parties, and the exact point at issue, being intended to place the reader in the midst of the scene as an actual spec- tator of the contest. These introductions, with the memoirs just mentioned, form a slight but continuous thread of political history, embraciag the most important topics discussed in the British Parliament for more than a century. (3.) An analysis of the longer speeches ia side-notes, giving the divisions and subdivisions of thought, and thus enabling the reader to perceive at once the connection and bearing of the several parts. (4.) A large body of explanatory notes, bringing out minuter facts or re- lations of the parties, without a knowledge of' which many passages lose all their force and application. (5.) Critical notes, as specimens of the kind of analysis which the author has been accustomed to apply to the several parts of an oration, and which every student in oratory should be continually making out for himself. (6.) Translations of the passages quoted from the ancient and foreign lan- guages, with the poetry rendered into English verse. The passages are usu- ally traced to their sources, and the train of thought given as it appears in the original, without a knowledge of which most quotations have but little force or beauty. For the same reason, the classical and other allusions are traced out and explained. (7.) A concluding statement of the way in which the question was de- cided, with occasional remarks upon its merits, or the results produced by the decision. Great compression has been used in preparing this volume, that all who are interested in the study of eloquence may be able to possess it. Each page contains the matter of three ordinary octavo pages in Pica type ; and the whole work has in it one sixth more than Chapman's Select Speeches, or Willison's American Eloquence, in five octavo volumes each. In conclusion, the author may be permitted to say, that while he has aimed to produce a volume worthy of lying at all times on the table of ev- ery one engaged in speaking or writing for the public, he has hoped it might prove peculiarly useful to men of his own profession ; since nothing is more desirable, at the present day, than a larger infusion into our sacred eloquence 'of the freedom, boldness, and strength which distingiaish our secular oratory. Sept. Ut, 1852. COITENTS. SIR JOHN ELIOT ^ Page 1 His early life, 1 ; elected to the House at the opening of the contest with Charles I., ib.; impriaoned by the King, ib. ; again elected whUe in jail, ib. ; Petition of Right, 2] Charles tries to evade it, 3&. ; Eliot's speech, ib. ; characteristics of his eloquence, ib. ; imprisoned, dies the first martyrto liberty, 6. Speech on the Petition of Right 3 EARL OF STRAFFORD .. , .„. 7 His birth and education, 7 ; early traits, ib. ; ill-treated by Buckingham, ib. ; assumes the character of a patriot, ib. ; defends the Petition of Right, 8 ; bought off by the court, i&- ; becomes favorite of Charles I., ib. ; his ex* actions and cmelties, ib. ; impeached by the Commons, 9 ; description of the trial, ib. Speech when Impeached of High Treason 11 LORD DIGBY 15 His early life, 15 ; enters the House as an opponent of the government, ib. ; employed against Buckingham, ib. ; appointed one of the managers for the impeachment of Stre^ord, ib. ,- changes sides and comes out against the bill of attainder, ib. ; his eloquence characterized, ib. Speech against the Attainder of Strafford 16 LORD BELHAVEN 19 His extraction and character, 19 ; evils resulting from a union of the crowns of Scotland and England, and their separation in all other respects, ib. ; jealousy of the En- glish as to the trade of Scotiand, ib. ; retaliatory meas- ures of the Scotch, ib. ; plan of a Legislative Union, 30 ; violent hostility against it in Scotiand, ib. ; circumstan- ces of Lord Belhaven's speech against it, ib. Speech against the Legislative Union of England and Scotland - ■. 21 SIR ROBERT WALPOLE 27 His birth and early education, 27 ; enters Parliament as a Whig, ib. ; early traits of character, ib. ; made Prime Minister, ib. ; his extreme jealousy of all who might be- come his competitors, 28 ; character of the Opposition and of Bolingbroke as its leader, ib. ; Walpole's system of corruption, ib. ; &lsely accused as to most of his leading measures, ib.; errors of his ministry, 29 ; char- acter of his eloquence and that of his contemporaries, 29, 30.. ■ Speech oh the Septennial Actl ,. 31 Speech on Addressing the King for bis Removal. .... 35 MR.PULTENEY 43 His early life and study of oratory, 43 ; gradual develop- ment of his powers, ib. ; becomes one of the ablest of English debaters, ib. ; breaks down tiie power of Wal- pole, ib. ; fails to succeed him, ib. ; created Earl of Bath, ib. ; his general nnpopularity, ib. ; his death, ib. Speech on Reducing the Army. ..,...- 43 LORD CHESTERFIELD ; 45 His birth, 45 ; earls; love of polite literature, ib. ; elegance of his manners, ib. ; his acuteness and wit as a public speaker, ib. ; his various public employments, ib. ; re- tires from office and devotes himself to literature, ib. ; his unhappiness m old age, ib. ; his deatii, ib. Speech against Licensing Gin-Shops , 46 LORD CHATHAM 52 His birth and early sufferings from the gout, 52 ; his ed- ucation at Eaton, ih. ; bis conversational powers, ib. ; removes to Oxford, 49. ; his studies in rhetoric, ib. ; goes twice through the English dictionary to gain a command of language, ib. ; obtains a dbmmission in the Krmy. 53 ; joins the Opposition, ib. ; enters Parliament, ib. i his maiden speech, 54 ; its effect on the King and Walpole,i6. ; deprived of his commission, iB. ; becomes leader of the Opposition, 54-5; comparison between him and Lord Mansfidd, 55 ; gains a complete ascend- ancy in the House, 56; unites with Mr. Pelham, and u made Paymaster of the Forces, i&. ; exhibition of dis- interestedness, 56-7; on the death of Pelham comes out against Newcastle, bis successor, 58 ; attack on Mans- field, " Felix trembles," ib. ; attack on Fox, " conflux of the RhonI and Soane," 59 ; drives Mansfield out of the House, ib. ,* is made Prime Minister on Newcastle's res- ignation, 60 ; dismissed soon after, and all England in commotion, ib. ; restored, his influence over all con- nected with him in government, ib. ; power of his elo- quence, "Is there an ^MsiWflTO among you?" "Utvidere virum,*' 61 ; Opposition extinguished, 62 ; triumphs of hia policy and arms in all quarters of tie globe, ib. ; France sues for peace, 63 ; Spain joins her, ib. ; he pro- poses war against her, but overruled by Lord Bute, ib. ; resigns, ib. ; makes his " Sitting Speech" against Lord Bute's peace, 64 ; attadk on Mr. Grenville, " Gentle Shep- herd," 65 ; opposes'th^Klng respecting John Wilkes and American taxation, ib. ; contemptuous retort on Justice Moretou, 66 ; withholds his siipport from the RocMng- ham administration, ib. ; forms his third ministry, and is raised into the House of Lords, 67 ; his loss of health and inability to administer the government, 68 ; resigns and retires, ib.-; comes out at the end of three years against the Grafton nilrilBta7,'69 ; it falls before him, ib.; support of America, 70 j^ declines in health, ib.; his death, 71 ; characteristics of his eloquence, 71-5. Speech on a Motion for an Address on the Marriage of the Prince of Wales Page 76 Speech on the Spanish Convention 77 Speech on the Impressment of Seamen 80 Speech in reply to Horatio Walpole 81 Speech in favor of Inquiring into tiie conduct of Sir Robert Walpole , 82 Second Speech in favor of Inquiring into tiae conduct of Sir Robert Walpole 89 Speech on taking the Hanoverian Troops into the pay of Great Britam 93 Speech on a Motion for an Address of Thanks after the Battie of Dettlngen 95 Speech on the lught of Taxing America 103 Speech in Reply to Lord Mansfield in Relation to the Case of John Wilkes - 108 Speech on a Motion to Inquire into th^ State of the Na- tion 114 Speech in Relation to the Seizure of the Falkland Islands by Spain ng Speech against the Quartering of British Soldiers on the Inhabitants of Bogton 126 Speech in favor of an immediate Removal of the British Troops from Boston 128 Speech on a Motion for on Address to put a stop to Hos- tilities in America '. 132 Speech on a Motion for an Address to the Throne at the Opening of Parliament, November I8th, 1777 134 Speech against a Motion for adjourning Parliament^ De- cember 11th, 1777 139 Last Speech upon America, with the circumstances of his Death -^ ,» 141 LORD MANSFIELD ^.... 143 His birth, 143 ; descendedfrom the Stormont family, which adhered to the Stuarts, ib. ; sent early to the Westmin- ster school, ib. ; his great proficiency, ^. ; removed to Oxford, ib,;^ his studies in rhetoric, ib. ; commences the fitudy of the law, ib. ; laborious training in extempora- neous Bpealdng, ib. ; historical studies, 144 ; practice in elocution, ib, ; a favorite- of Pope, ib. ; extent of hia business as a lawyer, ib. ; made Solicitor General, ib. : comparison between hini and the elder Pitt, ib, ; made Attorney General. 145 ; appointed Chief Justice with title of Lord Mansfield, ib. ; speech at taking leave of his asflociatea at Lincoln's Inn, 145-6; his qualifications as Chief Justice, 146 ; testimony of Justice Story, ib j his pohtical course hi the Bouse of Lords, 147; resigns ' CONTENTS. as Chief Justice at the age of eighty-three, ib. ; his death, : ib. I personal appearance and characterieticB of his elo- quence, ib. Speech on the rig;ht of Taxing America Page 148 Remarks on the foregoing speech with the American ar- gument (by the editor) ^ 7 159 Speech when surrounded hy a Mob -.in the Court of King's Bench.. V.I 154 Speech in the case of Allan Evans, Esq 155 Speech on a Bill depriviug Peers of certain Privi- leges 160 JUNIUS 163 His Letters have taken a permanent place in our elo- quence, 163 ; the rhetorical skill which they manifest, ib.f the result of severe and proti'acted effort, 2&. ; labor bestowed on the selection and arrangement of his ideas, ib. ; logical cast of his mind, 163-4 ; pecuUar benefits to the young orator from the study of his style, 164 ; his extraordinary powers of condensation, ib. ; of insinu- ating ideas without expressing them in form, 164r-5 ; reasons why indirect attack by insinuation is so pecul- iarly painful to cultivated minds, 165 ; Junius' means of secretlnformation, ib. ; characteristics of his style, 166- 7 ; the perfection of his imagery, 167 ; who was Juni- us 1 168-9 ; his pohtical relations, 170 ; had previously written under other signatures, ih. '; reasons for. his now coming out with increased strength and boldness, ib.; impression made by his fii*st letter, 171 ; attacked by Sir William Draper, and thus made an object of pub- lic attention, ib..; his triumph over Sir William, 17L-2; the power he gained as a writer, ib. ; his efforts second- ed by Lord Chatham, ib. ; the Ring predicts that Junius will cease writing, ib. ; he discontiQues his Letters at he end of three years, and Sir Philip Francis is sent to India, ib. Letter to the Printer of the Public Advertiser 173 Lettee to Sir WilUam Draper 178 Letter to Sir William Draper....... 180 Letter to the Duke of Grafton : 181 Letter to the Duke of Grafton 185 Letter to the Duke of Bedford - 188 Remarks on the Character of the Duke of Bedford Qtj the Editor) ^ '. 192 Letter to .the. King i 193 Letter to the Duke of Grafton 200 Remarks on the character of the Duke of Grafton (by the Editor) .' 204 Estimate of Junius by Mr. Burke and Dr. Johnson. 204 EDMUND BURKE 206 His birth and delicate constitution, 206 ; educated at a Quaker school in Ballitore, ib. ; early training, ib, ; re- moved to Trinity College, Dublin, ib. ; account of his studies, 207 j early philosophical spirit, ib. ; leaves col- lege and studies law in London, ib. ; his severe mental labor, 308 ; applies unsuccessfully for a professorship'in Glasgow, ib. ; publishes his Vindication of Natural So- ciety, ib. ; publishes his Essay on the Sublime and Beau- tiful, 209 ; his society courted by the most distinguished literary men, ib. ; his conversational powers, ^10 ; com- mences the Annual Register, ib. ; goes to Ireland as sec- retary to Single Speech Hamilton, 211 ; comes'into Par- liament as a, supporter of Lord Rockingham, 212; his maiden speech, highly praised by Lord Chatham, ib. ; ' goes out with Lord Rockingham, and becomes leader of the Whigs in the House, 213; Speech on American Taxation, its powerful impression, 214 ; elected mem- tier for Bristol, 215 ; circumstances leading to his speech oft tjoncUiation with America, ib. ; comparison between this and" his speech on American Taxation, 215-16 ; speech on Economical Reform, " King's turnspit a member of Pariiament," 216; speech at Bristol previ- ous to the election, 216-17; declines the polls, and re- turned for Malton, 217 ; speech against the continuance of the American war, " shearing the wolf," 217-218 ; after the fall of Lord North. com6s in with Lord Rock- ingham as Paymaster of the Farces, 218 ; carries his measures for economical reform, 219; originates the East India Bill of Mr. Fox, ib.; his intimate acquaint ance with India and its concerns, 230 ; his speech on Fox's East India Bill, 221; speech on the Nabob cff Ar- cot's debts, «6. ,* procures the impeachment of Warren Hastings, 221-23; draws up the articles of impeach- ment, 223 ; deliyers the opening speech against Hast- itigs, ih. ; .delivers his closing speech at the end of nearly seven years, 224 ; reasons for the acquittal of Hastings, 225; King becomes deranged, 256; his ground respect- ing a Regency, ib. ; his unpopularity and abusive treat ment in the bouse, ib, ; his early jealousy of the French Revolution, 227 ; reasons, 227-28 ; his first collision with Mr. Fox on the subject, 229 ; his breach witii Mr. Sheridan, 230; writes his Reflections on the Revolu- tion in France, 231 ; characteristics of the work, ib.; its errors, ib. ; its excellences, 231-32 ; his separation from Mr. Fox, 232-33 ; loss of his son, 234-35 ; pension granted hinj, 235 ; his Letter to a Noble Lord on the subject of his pension, ib. ; his Letters on a Regicide Peace, ib. ; errors of Mr. Burke respecting the war with France, 235-36 ; decline of his health, 237 ; his death, ib. ; characteristics of his genius and eloquence, 237-40 Speech on American Taxation Page 241 Speech on Conciliation with America 265 Speech previous to the Bristol Election .'. 292 Speech on declining the Election at Bristol 310 Speech on the East India Bill of Mr. Fox 311 Speech on the Nabob of Arcot's Debts 339 Peroration of ^eech against Warren Hastings ... 362 Extracts from works on the French Revolution... 363 Miscellaneous r 376 Mr. Burke on the Death of his son 378 Chabactbr of Sir Joshua Reynolds 378 Detached Sentiments and Maxims 379 HENRY GRATTAN 382 His birth and education in Dublin, 382 ; study of the law in London, ib. ; study of Lord Chatham as an orator, ib. ; settlement in Dublin as an advocate, ib. ; Section to the Irish Parliament, ib. ; moves a Declaration of Irish right, 383 ; unsuccessful, ib. ; moves it again at the end of two years, 384; prevails, ib. ; opposed by Mr. Flood, ib.; invective against him, ib.; opposed to flie Union, ib. ; chosen to the Imperial Parliament, ib. ; de- voted to the cause of Emancipation, ib. ; his death, ib. ,* personal qualities and chEiracter as an orator, 385. Speech on moving a Declaration of Irish Right 386 Speech on making a second motion for a Declaration of Irish Right 391 Invective against Mr, Flood 394 Invective against Mr. Corry 396 Character of Lord Chatham 398 RICHARD BRINSLEY SHERIDAN 399 His parentage and connection with the stage, 399; early dramatic productions, ib. ; purchase of Dxury Lane Theater, ib. ; election to Parliament, ib. ; made Under Secretary of State, 400 ; keen retort on Pitt, ib. ; speech against Hastings in the House, ib. ; speech before the House of Lords under the impeachment, 401 ; Lord Byron's lines "thereon, ib. ; indolence and "effrontery as a speaker, 402 ; his wit and humor, ib. ; habits of intern- , perance, 403 ; unhappy death, ib. ; personal appearance and character as an orator, ib. Speech, against Warren Hastings when impeached be- fore the House of Lords 405 CHARLES JAMES FOX 437 His birth and early genius, 437; indulgence of his father, ib. ; produces habitg of dissipation, 438 ; eminence in classical literature, ib. ; distinction, at Eaton and Oxford, ib. ; eal-ly exti-avagance, 439 ; enters Parliament, ih. ; first a Tory and in office under Lord North, 440 ; turn- ed out abruptiy, ib.; joins the Whigs as a pupil of Burke, 441 ; his labors to form himself as a debater, 443; becomes head ofthe Whig party, i6.i is made Sec- retary of State under Lord Rockingham, 444 ; disap- pointed in not becoming Prime Minister on the death of Rockingham, ib.; forms his Coalition with Lord North, 445 ; drives out the ministry and becomes Sec- retary of State, ib. ; his East India Bill, 446 ; speech in support Of it, 447; carried in the House, i6.; defeated in the Lords, ib. ; his speech against secret influence, 448 ; displaced and Mr. Pitt made Prime Minister, ■Ut. ; unsuccessful efforts to drive Pitt I'rom power, J6. ; Westr minster election, 449; Mr. Fox's speech on the subject, 450; decision of the House in his favor, ib. ; derange- ment of the King, ib.,- Mr. Fox assorts the right of wie Prince of Wales to the Regency, 451 ; King recovers, 452 ; Mr. Fox's speech against Mr, Pittfor arming against Russia, 453 ; his Libel bUI,ii6. ; his views of the French Revolution, 454; his speech on Mr. Pitt's rejection of Bonaparte's overtures for peace, 458 ; comes in under Lord Grenville as Secretary of Forejign Affairs, 459 ; his death, personal appearance, 460 ; characteristics of his oratoryi ib. Speech on the East India Bill 463 Speech on Secret Influence 474 Speech on the Westminster Scrutiny 481 Speech on the Russian Armament .... 500 Speech on Parhamentary Reform 515 Speech on the Rejection of Bonaparte's Overtures for Peace 5g8 CONTENTS. vu WILLIAM PITT , Page 551 His earljr ill health and inability to attend a public school, 551 ; his remarkable proficiency at home, ib. ; goes to Cambridge at fourteen, ib. ; his a:^bition from boyhood to be an orator, ib. ; his training with that view at col- lege, 553 ; his mo^e of studying the classics, ih. ; his em- inence in the mathematics, ib. ; his severe discipline in logic, 553 ; in mental science and political economy, ib. ; his early social habits, 554 ; comparison between him and Lord Chatham, 555 ; hie call to the bar, ib. ; his election to Parliament, 556; remarkable success of his maiden speech, ib. i joins the Whigs, ib. ; his Barcasm on Lords North and Germaine, 557 ; comes in with Lord Shelbume as Chancellor of the Exchequer at the age of twenty-three^' ib. ; his brilhant speech agtdnst Mr. Fox and the Coalitionists, 558 ; his felicitous quotation from Horace, 561 ; is driven out with Lord Shelburne by the Coalition, ib. ; attacks Mr. Fox's East India Bill, 562 ; made Prime Minister at twenty-four, 563 ; Mr. Fox's efforts to drive him out, ib. ; his energetic resist- ance, 564 ; extrabrdinary scene in the House, 565 ; his keen rebuke of General Conway, ib. ; his ultimate tri- umph, 568 ; his East India Bill, ib. ; motion for reform in Parliament, 569 ; plan of paying the public debt, 570 ; his admirable speech against t^e Slave Trade, ib. ; war with France, 571 ; eloquent speech when his proposals of peace were rejected by the French, 575 ; speech of great compass and power when he refused to treat with Bonaparte, 576 ; resigns a.t the end of seventeen years, ib. ; returns to, power, 577 ; his death, ib. ; per- sonal appearance and characteristics of his eloquence, 577-8. Speech on the Abolition of the Slave Trade 579 Speech on the Rupture of Negotiations with France. 593 Speech on Refusing to Negotiate with Bonaparte . . 604 LORD ERSKINE 629 His birth at Edinburgh, 6^ ; early education at Edin- burgh and St Andrews, ib. ; his remarkable versatility of mind and liveliness of feeling, ib. ; goes to sea at fourteen as a midshipman, ib.; enters the army as an ensign at eighteen, 630 ; marries at twenty, ib. ; his studies in English literature, ib. ; determines to study law, 631 ; his call to the bar, ib. ; his first retainer and remarkable success, ib. ; bis instantaneous overflow of business, 632 ; case of Lord George Gordon, i&.; enters Parliament and supports Fox, ib. ; goes out with the Coalition ministry, 633 ; State Trials, ib. ; made Lord Chancellor under the Grenville ministry, 634 ; his re- tirement and death, ib. ; personal appearance and char- acter of his eloquence, 635-6. Speech in behalf of Lord George Gordon 637 Speech on the Rights of Juries 655 Speech in behalf of Stopkdale 683 Speech in behalf of Frost 698 Speech in behalf of Bingham 708 Speech in behalf of Hardy 713 Speech against Williams for the publication of Paine's Age of Reason 761 Speech in behalf of Hadfield 766 Speech in behalf of Markham 778 JOHN PHILPOT CURRAN 785 His birth and parentage, 785; the family, though in low circumstances, remarkable for intellectual vigor, ib.; his early love of sport and wild adventure, ib. ; la sent to school and to the university by a clergyman of the neighborhood, ib. ; distinguished for his classical attain- ments and love of metaphysical inquiry, 786 ; studies law in London, ib. ; his unwearied efforts to remove his defects and gain fluency as a public speaker, ib. ; settles in Dublin and rises to early distinction, ib.; forms the Society of the Monks of the Screw, ib. ; his celebra- ted address to Lord Avonmore respecting that Society, 787 ; enters the Irish House of Commons, ib. ; his bold- ness and eloquence during the State Trials, 787-8; Robert Emmett and Sarah Curran, 788; is appointed Master of the RxjIIs, ib. ; his misfortunes and decline of health, 788-9; resigns his office, 789; his death, ib. ; his characteristic excellences and faults as an or- ator, ib. Speech In behalf of Rowan, j 790 Speech in behalf of Finnerty 805 Speech against the Marquess of Headibrt 814 SIR JAMES MACKINTOSH Page 821 His birth near Inverness, Scotland, 821 ; precocity and early love of teading, ib. ; distinction at school, ib. ; per- suades his school-fellows to practice extemporaneous speaking, ib. ; goes to the university, ib. ; early attach- ment to metapf ysical inquiries, ib. ; intimacy and union of studies withRobert Hall, 821-22 ; Studies medicine at Edinburgh, 822 ; removes to London, and supports him- self by writing for the periodical press, ib. ; publishes his VindicisB Gallici» in answer to Burke on theFreneh Revolution, ib. ; studies law, and is called to the bar, 823 ; deUvers his lectures on the Law of Nature and Na- tions, ib. i beautiful character of Grotius in his Intro- ductory Lecture,' 823-24 ; success as an advocate, 824 ; his speech in defense of. Peltier when prosecuted for a libel on Bonaparte, ib. ; encomiums of Lord Erskine and Robert Hall on this speech, 625 ; is appointed Recorder of Bombay, and raised to the honors of knighthood, ib. ; spends eight years in India, and returns with a broken constitution, ib. ; enters Parliament, ib. ; becomes Pro- fessor of Law and General Politics in Haileybury Col- lege, 826 ; his literary labors, ib. ; his character as a par- liamentary orator, i&. ,- his death, ib. Speech in behalf of Peltier 827 Chabacteh of Charles J. Fox 850 GEORGE CANNING 851 Hia* birth in London. 851 ; descended from an Irish fam- ily of distinction, ib. ; premature death of his father, ib. ; dependent condition of Ms mother, who goes on to the stage for her support, ib. ; his early proficiency at sqhool, ' ib.; his love of English literature, ib.; is removed to Eton, ib. ; induces his companions to establish a paper called the Microcosm, ib. ; takes the lead in a debating society, 852 ; leaves Eton with its highest honors, and enters the Ufaiversity of Oxford, ib. ; when freshman, gains the Chancellor's prize-^or Latin composition, ih ; high atanding at Oxford, ib. ; influence of competition, ib. ; leaves the university and commences the study of the law, ib. ; is invited by Mr. Pitt to become his polit- ical adherent, ib. ; elected to Parliament, ib. ; his early character as a speaker, 853 ; unites in establishing the Anti-Jacobin Review, ib-. ; author of the most striking poetical efiusions in the work; ib.; the Needy Knife- grinder, 853-4 ; made Under Secretary of State, and aft- erward Treasurer of the Navy by Mr. Pitt, 854 ; becomes Secretary of Foreign Affairs under the Duke of Port- land, ib. ; fights a duel with Lord Castiereagh, and goes out of ofiice, ib.; is chosen member of Parliament for Liverpool, 855 ; goes as embassador extraordinary to Lisbon, ib. ; appointed Governor General o^ India, ib. ; is appointed Secretary of Foreign Affairs, ib. ; his strong stand against the invasion of Spain by, France, ib. ; his celebrated speech on giving aid to Eottijgal when in- vaded from Spain, 856 ; is made Prime Minister, ib. ; his health soon after fails him^ib. ,- his death, ib. ; sketch of his character by Sir James Mackintosh, 856-^. Speech on the Fall of Bonaparte 859 Speech on Radical Reform ^ 865 Speech delivered at Plymouth. .^^.. 873 Speech on Affording Aid to Portugal 875 EXTEACTS 883 LORD BROUGHAM 886 Descended from one of the most ancient families of West- moreland, En^^land, 886 ; bom at Edinburgh, ib. ; edu- cated at the High School under Dr. Adam, ib. ; rapidity of his mind from early life, ib. ; enters the University of Edinburgh, ib. ; distinguished for his mathematical attainment, ib. ; early election to the Royal Society of Edinburgh, ib. ; studies law, ib. ; his training in extem- poraneous debate, ift.; publishes his work on Colonial Policy, ib. ; removes to London and commences the practice of the law, 887; is a regular contributor to the Edinburgh Review, ib.; becomes a member of Parlia- - ment,i&.; subjects of his published speeches, 1*6., • char- acter of his oratory, 888 ; comparison between him and Mr. Cannmg, ib. ; his attack upon Canning in 1823, when the latter gave him the lie, 889, 890. ■■} ' Speech on the Amry Estimates « 891 Speech in belwlf of Williams 896 Speech on the Invasion of Spain by France '.".".' 904 Speech on Parliamentary Reform. 914 Inaugubal DiacouBSE, when inducted as Lord Rector of the University of Glasgow q^ SELECT BEITISH ELOQUENCE. SIR JOHN ELIOT. John Eliot was descended from a family of great respectability in Com'Wall, and was lx)m on the 20th of April, 1590. After enjoying the best advantages for educa- tion which England could afTofd, and spending some years in foreign triayel, he was elected to Parliament at the age of thirty-three, and becamiei one of the' most prom- inent members in the House of Commons under Charles I. The House embraced at this time, some of the ablest and most learned men of the age, such as Sir Edward Coke, John Hamt)den,,Selden,, St. John, Pym, &c. Among these. Sir John Eliot stood pre-eminent for the force and feKVor of his eloquence. The general style of speaking at that day was weighty, grave, and sententious,'but tinctured with the pedantry of the preceding reign, and destitute of that warmth of feeling which is essential to the character of a great orator. Eliot, Wentworth, and a few others were exceptions ; and Eliot especially spoke at timeg with all the en- thusiasm and vehemence of the early days of Greece and Rome; Hence he was appointed one of the managers of the House when the Duke- of Buckingham was impeached in 1626, and had the part assigned him of making the closing argument against the Duke before the House of Lords. This he did with such energy and effect as to awaken the keenest resentment of the Court ; so that two days after he was called out of the House, as if to receive a message from the King, and was instantly seized^ and hurried off by water to the Tower. The Commons, on hearing of this breach of privilege, were thrown into violent commotion. The cry " Rise I" "Rise !" was heard from every part of the hall. They did immediately adjourn, and met again only to record their resolution, " Not to do any more busi- ness until they were righted in their privileges." This decisive measure brought the government to a stand, and reduced them, to the,hurailiating necessity of releasing Sir John Eliot, and also Sir Dudley Diggs, another of the managers who had been arrested on the same occasion. Eliot and his companion returned in triumph to the House, which voted that " they had not exceeded the commission intrusted to them." In consequence of this defeat, and the backwardness of the Commons to grant the supplies demanded, Charles soon after dissolved Parliament, and determined to raise money by "forced loans.'' Great numhers resisted this imposition, and among them Eliot and Hampden, who, with seventy-six others of the gentry, were thrown into prison for refusing to surrender their property to the Crown ; while hundreds of inferior rank were impressed into the army or navy by way of punishment. The King found, however, that with all this violence he could not raise the necessary sup- plies, and was compelled to call another Parliament within eight months. Eliot, Hampden, and many others who had been lying under arrest, were elected members of the new House of Commous while thus confined in prison, and were released only a few days before the meeting of Parliament. A 8 SIR JOHN ELIOT These violent invasions of the rights of property and person, naturally came up for consideration at an early period of the session. The Commons, as the result of their discussions, framed, on the 27th of May, 1628, that second Grreat Charter of the liberties of England, the Petition of Right ; so palled because drawn up, iji the humble spirit of the day, in the form of a petition to the King, but having, when ratified by his concurrence, all the authority of a fundamental law of the kingdom. This document was prepared by Sir Edward Coke at the age of eighty-three, and was one of the last public acta of that distinguished lawyer. It provided, that no loan or .tax rnight be levied but by consent of Parliament ; that no man might be imprisoned but by legal process ; that soldiers might not be quartered on people con- trary to their wills ; and that no commissions be granted for executing martial law. On the 2d of June, Charles returned an eVasive answer, in which he endeavored to satisfjr the Conjmons without giving a legal and binding assent to the petition. The next day. Sir John Eliot made the following speech. It breathes throughout, that spirit of affection and reverence for the King's person which was stiU felt by both houses of Parliamejit. It does not dwell, therefore, on those recent acts of arbitrary power in which the King might be supposed'to have reluctantly concurred j and the fact is a striking one, that Eliot does not even allude to his late cruel imprisonment, a decisive proof that he was not actuated by a spirit of pergonal ^resentment. The entire speech was directed, against the royal Favorite, the Duke of Buckingham. Its object was, to expose his flagrant misconduct during the preceding ten years, under the reign of James as well as Charles ; and to show that through his duphcity, in- coinpetency, and' rash counsels, the lienor of the kingdom had been betrayed, its allies sacrificed, its treasures wasted, and those necessities of the King created which gave rise to the arbitrary acts referred to in the Petition of Right. The facts which Eliot adduces in proof, are very briefly mentioned, or barely alluded to, because they were fresh in the minds of aU, and had created a burning sense of wrong and dishonor throughout the whole kingdom. They will be explained in brief notes appended to the speech ; but, to feel their full force, the reader must go back to the history of the times, and place himself in the midst of the scene. There is in this speech, a union of dignity atnd fervor which is highly character- istic of the man. " His mind," says Lord Nugent, " was deeply imbued with a love of philosophy and a confidence in religion which gave a lofty tone to his eloquence." His fervor, acting on a clear and powerful understanding, gives him a simplicity, directness, and continuity of thoflght, a rapidily of progress, and a vehemence of ap- peal, which will remind the reader i)f the style of Demosthenes. His whole soul is occupied with -the subject. He seizes upon the strong points of his case with such absorbing interest, that all those secondary and collateral trains of thought with which a speaker like Burke, amplifies and adorns the discussion, are rejected as un- worthy of the stem severity of the occasion. The eloquence lies wholly in the thought ; and the entire bareness of the expression, the absence of aU orn'ament, adds to the effect, because- there is nothing interposed to break the force of the blow. The antique air of the style heightens the interest of the speech; and will recommend it particularly to those wlx) have learned to relish the varied construc- tion and racy English fif our early writers. ! SPEECH OF SIR JOHN ELIOT ON THE PETITION OP RIGHT, DELIVERED IN THE pOUSE OF COMMONS, JUNE 3, 1628. Mr. Speakke, — We sit here as the great Council of the King, and in that capacity, it is our duty to take into consideration the state and affairs of the kingdom, and when there is occa- sion, to give a true representation of them by way of counsel £ind advice, with what we con- ceive necessary or expedient to be done. In this consideration, I confess many a sad thought hath affrighted me, and that not only in respect of our dangers from abroad (which yet I know are great, as they have been often prest and dilated to us), but in respect of our disor- ders here at home, which do enforce those dan- gers, and by which they are occasioned. For I believe I shall make it clear to you, that both at firet, the cause of these dangers were bur disor- ders, and our disorders now are yet our greatest dangers — that not so much the potency of our enemies as the weakness of ourselves, dotlLthreat- en us : so that the saying of one of the Fathers ' may be assumed by us, " non tarn potenti& su&, quam negligentia nostra" " not so much by their power as by our neglect." 0nr want of true devotion to heaven — our insincerity and doub- ling in religion — our Want of] councils — our pre- cipitate actions — the insufBciency or unfaithful- ness of our generals abroad — the ignorance or corruption of our ministers at home — the impov- erishing of the sovereign — the oppression and niepression of the subject — the exhausting of our treasures — the waste of our provisions — con- sumption of our ships — destruction of oiir men — these make the advantage to our enemies, not the reputation of their arms ; and if in these there be notreformatioHj we need no foes abroad : Tvme itself will ruin us. To show this more fully, I believe you will all hold it necessary that what I say, should not seem an aspersion on the state or imputation on the government, as I have known such motions misinterpreted. But far is this from me to pro- pose, who have none but clear thoughts of the excellency of the King; nor can I have other ends but the advancement of his Majesty's glory. I shall desire a little of your patience extraordi- nary, as I lay open the particulars, which I shall do with what brevity I may, answerable to the importance of the cause and the necessity now upon us; yet with such respect and observation to /the time, as I hope it shall not be thought troublesome. / 1. For the first, then, our insincerity and doub- ling in religion, is the greatest and most danger- ous disorder of all others. This hatli never been unpunished ; and of this we have many strong examples of all states and in all times to awe Us. What testimoriy doth it want? Will you have authority of books? ' Look on the collections pf the Cominitteefor Religion ; there is too clear an evidence. See there the commission procured for composition with the papists of the North ! Mark the proceedings thereupon, and you will find them to little less amounting than a tolera- tion in effect : the slight payments, and the easi- ness of them, will likewise show the favor that is;intended. Will you have proofs of men ? Wit- ness the hopes, witness the presumptions, wit- ness the reports^ of all the papists generd ly . Ob- serve the dispositions of commanders^ the trust of officers, the confidence in secretaries to em- ployments in this kingdom, in Ireland, and else- where. These will all show that it hath too great a certainty. And to this add but the incontrovertible ' evidence . of that All-powerful Hand, which we have felt so sorely, that gave it full assurance; for as the heavens oppose themselves to our impiety, so it is we that first opposed the heavens.^ II. For the second, our want of councils, that great disorder in a state under which there can not be stability. If effects may show their causes (as they are often a perfect .demonstration of theni), our misfortunes, our disasters, serve to prove our deficiehcies in council, and the conse- quence's they draw with them. If reason be al- lowed in this "dark age, the judgment of depend- encies and foresight of contingencies in affairs, do confirm my position. For, if we view our- selves at home, are we in> strength,- are we in reputation, equal to our ancestors ? If we view ourselves abroad, are our friends as many ? are our enemies no more ? Do our friends retain their safety and possessions ? Da not our ene- mies enlarge themsely^, and gain from them and us ? To what council owe we the loss of the Palatinate, where we sacrificed both our hon- or and our men sent thither, stopping those great- er powers appointed for the service, by which it might have been defended ?^ What council gave 1 The gnh-poiyder plot for blowing: up both hous- es of Parliament, and extirpating the Protestant re- ligion at a single stroke, was still fresh in the minds of all. It is not, therefore, surprising', at a period when correct views of religious liberty were as yet unknown in England, that any remissness in ex- ecuting the laws against Catholics, was regarded with great jealousy by Eliot and his friends, espe- cially as the inother of Buckingham was of that com- munion. = Fredericfc V., the Elector Palatine, who married "the beaatifttl Elizabeth," sister of Charles I., had been attacked on religious founds by a union of Catholic state;? m Germany, with Austria at their head, stripped of the Palatinate, and driven as an exile into Holland.' with his wife and child, Al' SIR JOHN ELIOT ON THE [1628. direction to the late action, whose wounds are yet bleeding, I mean the expedition to Rhe, of which there is yet so sad a memory in all men ? What design for us, or advantage to our state, could that impart ? You know the wisdom of your ancestors, and the practice of their times, how they preserved their safeties. We all know, and have as much cause to doubt [i. e., distrust or guard against] as they had, the greatness and ambition of that kingdom, which the Old World could not satisfy,' 'Against this greatness and ambition, we liker vrise know the proceedings of that princess, that never-to-be-'for'gotteni excellent Queen Eliza- beth, whose name, without admiration, falls not into mention even with her enemies. You know how she advanced herself, and how she advanced the nation in glory and in state ; how she de- pressed her enemies, and how she upheld her friends ; how she enjoyed a full security, and made those our scorn who now are made our terror. / ' ' Some of the principles she built on were these ; and if I mistake, let reason and our statesmen contradict me. S"irst, to maintain, in what she mighty a uni- ty in France, that the kingdom, being at peace within itself, might be a bulwark to keep back the power of Spain by land. i Next, to preserve an amity and league be- tween that state and us, that so we might come in "aid of the Low Countries [Holland], and by that means receive their ships, aind help them by sea. This triple cord, so working between France, the States [Holland]^ and England, might enable us, as occasion should require, to give assistance unto others. And by this means, as the .experi- ence of that -time doth tell us, we were not only free from those fears that now possess and trouble us, but then our names were fearful to our ene- mies. See now what correspondency our action had with this. Try our conduct by these rules. It did induce, as a necessary consequence, a di- vision in France between the Protestants and their king, of which there is too woful and lam- Protestant Christendom was indignant at these wrongs ; and the King of England was expected to sustain the injured Elector on the double groand of family alliance and a community of religion. These expectations had all been disappointed by the weak, indecisive, and fiuctuating counsels of Buckingham. Twelve thousand English troops were indeed sent to assist Frederick, under Count Mansfetdt, but near- ly all of them perished on the Way, from mere want of foresight and preparation on the part of the En- glish government. Tliis wanton sacrifice of life is alluded to at the close of the S|peech in a singfle word — " Mansfeldt!" — a name which at that, time smote on the heart of the- whole English nation.. The ex- pedition to the Isle of Rhe, mentioned in the next sentence, will be explained hereafter. ' To understand the force and beauty of this allu- sion to Spain, we must go back to the time when all Europe was iilled with dismay at the power of the Spanish arms on both continents. Few' things in English eloquence, as Forster remarks, are finer in expression or purpose, than this allusion and the subsequent train of thought, as addressed to English- men of that day. entable experjence.* It hath made an absolute breach between that state and ns, and so enter- tains us against France, and France in prepara- tion against us, that we have nothing to promise to our neighbors, nay, hardly to ourselves. Next, observe the time in which it was attempted, and you shall find it not only varying from tiose prin- ciples, but directly contrary and opposite to those ends ; and such, as from the issue and success, rather might be thought a conception of Spain than begotten here withns. [Here there was an. interruption made by Sir Humphrey May, Chancellor' of the Duchy, and of the Privy Couridil, expressing a dislike ; but the House ordered Sir John Eliot to go on, where- upon he proceeded thus :] . Mr. Speaker, I am sorry for this interruption, but much more sorry if there hath been occasion on my part. And, as I shall submit myself whol- ly to your judgment, to receive what censure you may give me, if I have offended, so, in the integ- rity of ray intentions and the clearness of mv thoughts, I must still retain this confidence, thai no greatness shall deter me from the duties I mm to thf iervice of my king and country ; but that, with a true English heart, I shall discharge my- self as faithfully and as really, to the extent of my poor power, as any man whose honors or whose ^offices most strictly oblige him. . You know the dangers of Denniark,? and how innch they concern us ; what in respect of our alliance and the country ; what in the iraport- tmoe of the Sound ; what an advantage to our enemies the gain thereof would be ! What loss, what prejudice to us by this disunion; wehreA- ing in upon France, France enraged, by us, and the Netherlands at amazement between both!" Neither could we intend to- aid that luckless king .[Christian IV., 6f Denmark], whose loss is our disaster. Can those [the King's ministers] that express their trouble at the hearing of these thmgs, and have so often told us in this place of their knowl- edge in the conjunctures and disjtinctures of af- fairs — can they say they advised in this ? Was this an act of council, Mr. Speaker ? I have more * This refers to the expedition against the Isle ol Rhe, respecting which see note 8. » Christian IV., King of Denmark, as a leading Protestant prince, and uncle to Elizabeth, wife of Frederick, the Eleptor Palatine, had entered vparm- ly into their cause, and marched with a large army to reinstate them in the Palatinate; After some partial successes, however, he was repulsed by tlie Austi'ians, driven back into his own dominions, and reduced to imminent danger ofbeing stripped of aU his possessions. The English trade through the Sound into the Baltic, -which was of great value, was thus on the point of being entirely cut off by the es- tablishment of a hostile power on the ruins of Den- mark. Yet England had done nothing to sustain her ally, or to protect her rights and interests in that quarter ; md the English people were justly in- censed against Buckinghanl for this neglect. '■ " Here, as kbove, allusion is made to the disgrace- ful expedition against the Isle of Rhe, by which France was enraged, and no diversion in favor of Denmark either made or intended. 1628.] PETITION OF RIGHT. charity than to think it ; and unless they make confession of it themselves, I. can not believe it. III. For the next, the insufficiency and un- faithfulness of our generals (that great disorder abroad), what shall I say? I vrish there were not cause to mention- it ; and, but for the appre- hension of the danger that is to come, if the like choice hereafter be not prevented, I could will- ingly be silent. But m.y duty to my sovereign, my service to this House, and the safety and hon- or of my country, are above all respects; and what sp nearly, trenches to the prejudice of these, must not, shall not be fodDo^ne. At Cadiz," then, in that first expedition we made, when we arrived and found, a conquest ready — ^the Spanish ships, I mean, fit for the sat- isfaction o( a voyage, and of which some of the chiefest then there, themselves have since as- sured me, that the satisfaction, would have been sufficient, either in point of honor or in point of profit — why was it neglected 7 Why was' it not achieved, it being granted on all hands how feas- ible it was? . , , Aftervpard, when, with the destruction of some of our men and the exposure of others, who (though their fortune since has not been such), by chance, came off safe-r-when, \ say, with the loss of our serviceable men, that unserviqeable fort was gained, and the.whole army landed, why was there nothing done ? Why was thefe noth- ing attempted.? If nothing was intended, where- fore did they land 1 If there was a service, where- fore were they shipped again ?, Mr. Speaker, it satisfies me too much [t. «., I am over-satisfied]' in this case- — when I think of their dry and hun- gry march into that drunken quarter (for so the soldiers termed it), which was theperiod [term- ination] of thrir journey — that divers of our men being left as a sacrifice to the enemy, that labor was at an end. For the next undertaking, at Rh6,' I will not 7 Bdckingham,. at the close of 1635, had fitted out a fleet of eighty ^ail, to intercept the Spanish treas- nre-ships from America, to scour the coasts of Spain, and destroy the shipping in her ports. Owing to the utter incompetency of the commander, there was no concert- or subordination in the fleet. The treasure- ships were not intercepted ; but seven other large and rich Spanish ships, which -would have repaid all the expenses of the expedition, were suffered to es- cape, when they might easily have been taken.. At length a landing was effected in. the neighborhood of Gadizi and the paltry fort of Puntal was taken, The English soldiers broke open the wine-cellars of the country around, and becam'd drunk and un- manageable I so that th^Spanish troops, if they had known their condition, might easily have out the whole army to pieces.- Their commander, as the only course left hira, retreated to the ships, leaving some hundreds of his men to perish under the knives of the enraged peasantry. ' Buckingham, from motives of personal resent- ment against the French king, undertook, in Jane, 1627, to aid the Huguenots at Roohelle, who were in a state of open rebellion. He therefore sailed with a fleet of one hnndred ships and seven thbo- sand.land forces, taking the command of the expe- dition hknself, and expecting to be received with trouble you much ; only this, in short. Was npt that whole action carried against the- judgment and opinion of those officers that were of the council? Was not the first, was not the last, was not' all in the landing — in the. intrenching — in the continuance there — in the assault — in the retreat — without their assent ? Did any advice take place of such as were of the council? If there should be made a particular inquisition thereof, these things will be manifest and more. I will not instance the manifesto that was made, giving the reason of these arms ; nor by whom, nor in what manner,- nor on what grounds it was published, nor wliat effecits it hath wrought, drawing, as it were, almost the whole world into league against us. , Nor will I mention the leaving of the wines, the leaving, of the saJt,. which were in our possession, and of a value, as it is said, to answer much Of our expense. Nor will I dwell on that great wonder (which no Al- exander or Caesar' ever did), the enriching of the enemy by courtesies when our soldiers wanted help ; nor the private intercourse -and parleys with the fortj which were continually held.. What they intended may be read in the success ; and upon due examination thereof, they would not want their proofs. For the last voyage to Roohelle,. there need no observations, it is so fresh in memory ; nor will I make an inference or corollary on all. Your own knowledge shall judge- what truth or what sufiieienpy they express. ' IV. Foi; the next, the- ignorance and corrup- tion of out ministers, wheje' can you miss of in- stances ? If you survey the- court, if you survey the country ; if the church, if the city be exam- open arms. But the Rochellers, having no previ- ous arrangement with him on the subject, and prob- ably distrusting his intentions, refused to admit him into the town, and advised him to take possession of the Isle of.Bhe, in the neighborhood. This he did, and iinmediately iss,ued a manifesto, inciting the Protestants throughout France to rebel against their government. Great indignation was awakened in Europe by this attempt to rekindle the flames of civil war in that count:ry. ' His appeal was, unfor- tunately, successful. The Protestants in the south of France rose almost^to.a man. A bloody conflict ensued, in which they were completely crushed, and their condition rendered far more wretched than be- fore.' Buckingham, in the mean time, conducted ev- ei-y thing wildly and at random. In October, a re- enforcement of fifteen hundred men was sent out, mentioned in the speech as " the last voyage to Ro- ohelle ;" but the Duke was still repulsed, with loss at every point, till he was compelled to retarn in disgrace, with the loss of one third of his troops, in the monfh of November, 1627. This speech was de- livered in Jijne of the next year, while the nation was still smarting under the sense^ of the disasters and disgraces of this mad expedition. 9 This sneer at the generalship of Buckingham was keenly felt, and derived its pccaliar force from the lofty pretensions and hlgii-sonnding titles he as- sumed. He had also made himself ridiculous, and even suspected of treachery, by his afiectation of courtesy in the interchange of- civilities with the French commanders. To this Eliot alludes with stinging; effect in the remaming part of the sentence.. SIR JOHN ELIOT, ETC. [1628. ined ; if you observe the bar, if the bench, if the ports, if the shipping, if the. land, if the seas — all these will render you variety of proofs ; and that in such measure ahd proportion as shows the greatness of our disease to be such that, if there be not some speedy" application for remedy, our case is almost desperate. V. Mi:. Speaker, I fear I have been too long in these particulars that are past, and am un-willing to offend you ; therefoi'e in the rest I shall be shorter ; and as to that which concerns the im- poverishing of the King, no other arguments will I use than such as all men grant. The exchequer, you know,- is' empty, and the reputation thereof gone; the ancient lands are sold ; the jewels pawned ; theplate -engaged ;'" the debts still great ; almost all charges, both or- dinary and extraordinary, borne up by projects/ What poverty dan be greater ?. What necessity so great ? What perfect English heart is not almost dissolved into sorrow for this truth? VI. For the oppression of the subject, which, as I remember, is the next particular I proposed, it needs no demonstration. The whole kingdom is a proof; and for the exhausting of our treas- ures, that very oppression speaks it. What waste of our provisions, what consumption of our ships, what destruction of our men there hath been; witness that expedition to Algiers''' — witness that with Mansfeldt — witness that to Cadiz — witness the next — ^witness that to Rh^— witness the last (I pray God we may- never have more such ititnesses) — ^witness; like'mse,'the Palati- nate — witness DenmiEirk-^witness the Turlrs^— witness the Dunkirkers — witmess all ! What losses we have sustained ! How we are im^ paired in munitions, in ships, in men ! It is beyond contradiction 'that we were nev- er so much weakened, nor ever had less hope how to be restored. ' These, Mr. Speaker, are our dangers, these are they .who do threaten us ; and these are, like the Trojan horse, brought in cunningly to sur- prise us. In these do lurk the strongest of our enemies, ready to issue on us ; and if we do not speedily expel them, these are the.sigijs, these the invitations' to others ! These will so prepare their entrance, that we shall have no means left of refuge! or defense; for if we have' these ene- mies at home, how can we strive with those that are abroad ? If we be free from these, no oth- er can impeach us. Our ancient English virtue (like the old Spartan valor), cleared from these disorders — our, being in sincerity of religion and once made friends with heaven;, having matu- rity of councils, stiffioiency of generals,' incor- ruption, of officers, opuleiicy in the King, liberty '» Buckingham had taken the crown jewels and plate to Holland, and p(^wned.them for £300,000. " Bockiugham, some years before, had Bent oat an expedition for th^ capture of Algiers. " It result- ed in a total failure, and ad incensed the Algerines, that the commerce of England suffered ten-fold loss in conseqnende; thirty-five ships, engaged in the Mediterranean trade, having been captured within a few months, and, their crews sold for slaves. in the people, tepletion in treasure, plenty of pro- , visions, reparation of ships, preservation of men — our ancient English virtue, I say, thus rectified, will secure us ; and unless there be a speedy re- formation in these, I know not what hopes ox ex- pectations we can have. These are the things, sir, I shall desire to have taken- into consideration ; that as -we are the great council of the kingdom, and have the apprehension' of these dsingers, we may truly represent them unto the King ; which I conceive we are bound to do by fe. triple- obligation — of duty to God, Of duty to his M-ajesty, and of duty to our country. And therefore I wish it may so stand with the wisdom and judgment of the House, that these things may He drawn into the body of a IlEtaoN- STEANCE, and in all humility- expressed, with a ■prayer to his Majesty that, for the safety -of Ijim- self, for the safety of the kingdom,- and for the safety of religion, he will be pleased to give us time . to make- perfect inquisition thereof, or to take them into his own wisdom, and there give them such timely reformation as thd necessity and justice of the case doth. import. And thus, sir, with a large affeotion-'and loy- alty to his Majesty, and with a firm duty and service to my country, I have suddenly (and it may be with some disorder) expressed the weak apprehensions I have ; -yphereih if I have erred, I humbly crave your pardon, and so submit my- self to the censure of the House. The King, finding, after the delivery of this speech, that he could no longer resist the de- mands of the Commons, gave his public assent to the Petition of Right, on the 7th of June, 1628. But he never forgave Sir John Eliot for his free- dom of speech. At the- expiration of Dine months he dissolved Parliament, determining to rule from that time without their aid or interference ; and, two days after, committed Sir John Eliot and other members to the -Tower for -words spoken during the sitting of Parliament. lii this flagrant breach of privilege, and violation of the Petition of Right, he was sustained by servile courts ; and Eliot, as "the greatest offender and ringleader," was sentenced to pay a fine of .=£2000, and be imprisoned in the. Tower of London. After two years his health gave way under the rigor of his confinement. He thenpetitioned the King for a temporary release, that he might re- cover strength ; but this -was denied him, unless he made the most humbling concessions. He re- fused, and sunk, atjast, under the weight of his sufferings, at the end of three years, in Novem- bel-, 1632, "the most illustrious confessor in the cause of liberty," says Hallam, " whom the times produced." One of his sons petitioned for liber- ty to remove his body to Cornwall for' burial in his native soil, and received for answer these in- sulting words, written at the bottom of his peti- tion : Let him be buried in the parish where he died;" that is, in the Tmier, the place of his imprisonment. No wonder that such a spirit brought Charles to the block ! THE EARL OF STRAFEOED. Thomas Wentworth, first Earl of Strafford, was descended from an ancient fam- ily in Yorkshire, and was torn at the house of his maternal grandfather, in London, on the 13th of April, 1693. At St. John's College, Camhridge, where he received his education, he was distinguished not only for the strength and versatility of his genius, tut for his unwearied efFort& to improve his mijidf by the severest discipline, and especially to prepare himself for the duties of public life, as an orator and a statesman. The leading features of his character were strongly marked. He had an ardor of temperament, a fixedness of will, a native impetuosity of feeling, and a correspondent energy of action, which united to make him one of the most daring and determined men of the age. To those who rendered him the deference he ex- pected,. Who were ready to co-operate in his plans or become subservient to his pur- poses, he was kind and liberal. But he was quick and, resentful when his will was crossed; and even Clarendon admits that ," he manifested a nature excessively imperious." a He was trained from childhood, to a belief in those extravagan't doctrines respect- ing the royaL prerogative, which were so generally prevalent at that day. It was therefore natural that Wentworth, in entering on public life, should seek, employ- ment at Court. The King seems, from the first, to have regarded him with favor ; but Buckingham, who was then in power, was secretly jealous and hostile. , Hence he was treated at times with great confidence, and raised to important offices, and again stripped suddenly of his employmeiits, and subjected to the inost mortifying rebuffs. Under these circumstances, he came out for a time as a " patriot," and joined the popular party. That he did so, however, only in opposition to Bucking- ham, as the most effectual means of putting . down a rival-rthat there was no change in his principles, no real sympathy between him and the illustrious men who were resisting the tyranny of Charles, is obvious from his subsequent conduct, and from the whole tenor of his private correspondence, as afterward given to the world."- But such was the strength of his passions, aiid the force of imagination (so characteristic of the highest class of orators) with which he could lay hold of, and for the tihie being, appropriate to himself, all the principles' and feelings which be- came his new character, that he appeared to the World, and perhaps , even to him- self, to have become a genuine convert to the cause of popular liberty. In the Par- liament of 1627-8, during the great discussion on the public grievances, he came forth in all his strength, " amid the delighted cheers of the House, and with a start- hng effect on the Court.'' After entering upon the subject with a calm aiid solemn tone befitting the greatness of the occasion, he rose in power as he advanced,- until, when he came to. speak of forced loans, and the billeting of soldiers upon families, he broke forth suddenly, with that kind of dramatic effect which he always studied, in a rapid and keen invective, which may be quoted as a specimen of his early elo- quence. " They have rent from us the light of our eves ! enforced companies of giiests, worse than the ordinances of France ! vitiated our wives and children be- fore our eyes ! brought the Crown to greater want than ever it was in, by anticipa- 1 This is shown at large by Mr. Forster in his Life of Strafford, which forms part of Lardner's Cabinet Cyclopedia. 8 THE EARL OF STRAFFOilD. ting the revenue ! and can the shepherd be thus smitten, and the sheep not scat- tered ? They have introduced a Privy Council,' ravishing at once the spheres of all ancient government ! imprisoning without bail or bond ! They have taken from us — what shall I say ? Indeed, what have they left us 1 , They have taken from ub all means of supplying the King, and ingratiating ourselves with him, by tearing up the roots of all property ; which if they be not seasonably set again into the grou'nd by his Majesty's hand, we shall have, instead of beauty, baldness !" He next, in the boldest language, proposes his remedy. " By one and the same thing hath the King and the people been hurt, and by the same must they be cured : to vindicate — ^What ? New things ? No! Our ancient, lawful, and vital liber- ties, by re-enforcing the ancient laws, nfiade by our ancestors ; by setting such a stamp upon. them, that n6 licentious spirit shall dare hereafter to enter upon them. And shall we think this a way to. break a Parliament ?' No ! our desires are mod- est and just. I speak truly for the interests of the King and the people. If we en- joy not these, it will be impossible to relieve him.'' " Let lio man,'' said he, in con- clusion, "judge this way ' a "break-neck' of Parhaments ; but a way of honot' to the King, nay, of profit ; for, besides the supply we shall readily give him, suitable to his occasions, -we give him our hearts — our hearts, Mr. Speaker ; a gift that God calls, ffir, and fit for a King." In the same spirit, he united vsdth EUot in urging forward the Petition of Right ; and when the Lords proposed an additional clause, that it was designed " to leave entire thsX sovereign power with which his Majesty is intrusted," he resisted its insertion, declarilig, '' If we admit of the addition, we leave the subject worse than •we found him. These laws are not acquainted with 'Sovereign Power !' " The Court were now thoroughly alarra'ed. But they knew the man. There, ia evidence from his own papers, that within ten days from this time, he was in nego- tiation with, the speaker. Finch; and "^ almost before the burning words which have just been transeribed, had cooled from off the lips of the speaker, a transfer of his services to the Court was decided on.'' In a few days Parliament, was prorogued; and shortly after. Sir Thomas Wentworth was created Baron Wentworth, and ap- pointed a member of that same Privy Council which he had just before denounced, as " ravishing at once the spheres of all ancient government !" The death of Buck- ingham about a month after, placed him, in effect, at the head of affairs. He was made a Viscount, and Lord President of the North ; and at a subsequent period, Lord Deputy, and Lord Lieutenant of Ireland, and Earl of Strafford. The twelve years that followed, during which Charles undertook to reign with- out the aid of Parliaments, were filled up with arbitrary exactions, destructive mo- nopolies, illegal imprisonpients, and inhuman corporal , punishments, which Straffofd was known to have recommended or approved ; while his presidency in the North was marked by numerous acts of high-handed injustice, and his government of Ire- land carried on with such violence and oppression as "gave men warning," in the words of Clarendon, " how they trusted themselves in the territories where he com- manded." In 1640 Charles' was compelled by his necessities to convene another Parliament. The day of retribution had at length arrived. The voice of three kingdoms called for vengeance on the author of their calamities ; and not a man was found, except Charles and Laud, to j,ustify or excuse his conduct. Even Digby, who sought only to save his life, speaks of Strafford, as " a name of hatred in the present age by his practices, and fit to be made a name of terror to future ages by his punishment." At the moment when, governed by his accustomed policy, he was preparing to a Alluding to the threats of the Parliament being dissolved for their freedom of speech. THE EARL OF STRAFFORD. 9 strike the first bio*, and to impeach the leaders of the popular party, as the surest . means to avert the coming storm, he was himself impeached by the House of Com- mons, stripped of all his dignities, and throww into the Tower. The 22d of March, 1641, was fixed u^on for his trial. The great object of his accusers was to estab- lish against him the change of !' attempting to subvert the fundamental laws of the realm." In doing so, they brought forward many offenses of inferior magnitude, as an index of his intentions ; and they never pieteiided that more than two or three of the articles contained charges which amounted strictly to high treason. In conducting the impeachment, they had great difficulties to encounter. They could find precedents in abundance to justify the doctrine of constructive treason. Still, it was a doctrinfe which, came with an ill grace from the friends of civil libeis ty ; and it gave wide scope to the eloquence of Strafibrd, in some of the most pow- erful and touching appeals of his masterly defense. In addition to this, the time had not yet arrived when treason against the State; as distinguished from an assault upon the life or personal authority of the king, was distinctly recognized in England. Strafford had undoubtedly, as a sworn counselor of Charles, given him unconstitu- tional advice ; had told him that he was absolved from the established rules of gov- ernment ; that he might use his simple prerogative for the purpose of raising money, above or against the decisions of Parliament. Such an atternpt to subvert the fun- damental laws of the kingdom, if connected with any overt act, would now be trea- son. But the doctrine was a new one. The idea of considering the sovereign as only the representative of the state ; of treating an encroachment on the established rights of the people "as a crime of equal magr^itude with a violation of the King's person and authority, had not yet, become familiar to, the English mind. We owe it to the men who commenced this impeachment ; and it is not wonderful that Strafibrd, with his views, and those of most men at that day, could declare with perfect sincerity that he was utterly unconscious of the crime of treason. The trial lasted from the 22d of March to the I3th of April, 1641, duriijg which time the Earl appeared daily before the court, clothed in black, and wearing no badge or ornament but his George. " The stern a,nd simple character of his feat- ures accorded with the occasion ; his countenance ' manly black,' as Whitlocke de- scribes it, and his thick hair cut short from his ample forehead." He was tall in person, but through early disease had contracted a stoop of the shoulders, which would have detracted from his appearance on any other occasion ; but being now ascribed to intense suffering from the stone and the gout, which, he was known to have endured during the progress of the trial, it operated in his favor, and excited much sympathy in his behalf. During eighteen days he thus stood alone against his numerous accusers, answering in succession the twenty-eight articles of the im- peachment, which of themselves filled two hundred sheets of paper, examining the witnesses, commenting on their evidence, explaining, defending, palliating his con- duct on every point with an adroitness and force, a dignity and self-possession, which awakened the admiration even of his enemies. On the last day of the trial, he summed up his various defenses in a speech of which the report given below is only an imperfect outline. It enables us, however, to form some conception of the eloquence and pathos of this extraordinary man. There is in it a union of dignity, simplicity, and force — a felicity in the selection of topics — a dexterity of appeal to the interests and feelings of his judges — a justness and elevation in every sentiment he utters — a vividness of illustration, a freshness of imagery, an elasticity and airi- ness of diction — an appearance of perfect sincerity, and a pervading depth of passion breaking forth at times in passages of startHng power or tenderness, which belongs only to the highest class of oratory. The pathos of the conclusion has been niuch admired; and if we go back in imagination to the scene as presented in Westmin- lO THE EARL OF STRAFFORD. ^ter Hall — the once proud Earl standing amid the wreck of his fortunes, with that splendid court around him which so lately howed submissive to his will^ with his humbled monarch looking on from behind the screen that concealed his person, un. able to interpose or arrest the proceedings ; with that burst of tenderness at the thought of earlier days and of his yfiie, the Lady Arabella Hollis, " that saint in heaven," to whose memory he had always clung amid the power and splendor of , later life ; with his body bowed down under the pressure of intense phy^eal suffer- ing, and his strong spirit utterly subdued and poured out like water in that stetrt- hng cry, " My Lords, my Lords, my Lords, something more I had intended to say, but my voice and my spirit fail me" — we can not but feel that there are few pas- sages of equal tenderness and power in the whole range of E&glish eloquerice. We are strongly renlinded of Shafcspeare's delineation of Wolsey under similar circum- stances, in some of the most pathetic scenes which poetry has ever depicted. We feel that Strafford, too, with his " heart new opened," might have added his testi- mony to 'the folly of ambition, and the bitter fruits of seeking the favor of a king, at the expense of the people's rights, and the claims of justice and truth. Cromwell, I charge the^, fling away ambition! By that sin fell the angels ; how can inan, then, The image of his Maker hope to win by't ? Love thyself last ! Cherish those heaits that hate thee ! Corrnptibn wiiis not more than honesty ! Still in thy right hand carry gentle peace, To silence envious tongues ! Be just and fear not ! Let all the ends thou aim'St at be thy countiy's, thy God's, and Trnttfs ! Then if thou fallest', Cromwell, Thou fallest a blessed martyr." ' SPEECH OF THE EARL 6F STRAFFORD WHEN IMPEACHED FOR HIGH TREASON BEFORE THE HOUSE OF LORDS, APRIL 13, 1641." My Lords, — This day I stand before you charged with high treason. The burden of the charge is lieavy, yet far the more so because it hath borrowed the authority of the House of Commons. If they were not interested, I might expect a no less easy, than I do a safe, issue. But let neither my wealcness plead my inno- cence, nor their power ray guilt. If your Lord- ships will conceive of my defenses, as they are in themselves, without reference to either party — and I shall endeavor so to present them — I hope to go hence as clearly justified by you, as I now am in the testimony of a good conscience by myself. My Lords, I have all along, during this charge, watched to see that poisoned arrow of Treason, which some men would fain have feathered in my heart; but, in truth, it hath not been my quickness to discover any such evil yet within my breast, though now, perhaps, by sinister in- formation, sticking to my clothes. They tell me of a two-fold treason, One against the statute, another by the common law ; this direct, that consecutive ; this individual, that ao, cumulative; this in itself, that by way of con- struction. As to this charge of treason, I must and do acknowledge, that if I had the least suspicion of my own guilt, I would save your Lordships the pains. I would cast the first stone. I would pass the first sentence of condemnation against myself. And whether it be so or flot, I now re- fer to your Lordships' judgment and deliberation. You; arid you only, under the care and protec- tion of my gracious master, are my'judges. Un- der favor, none of the Commons are my peers, nor can they be my judges. I shall ever cele- brate the providence and wisdom of your noble ancestors, who have put the keys of life and death, so far as concerns you and your posterity, into your own hands. None but your own selves, my Lords, know the rate of your noble, blood: none but yourselves must hold the balance in dis- posing of the same? ' There are in the Parliamentary History two re- ports' of this speech/ one by 'Whitlocke, and the other by some unknown friend of Strafford. As each has important passages which are not contain- ed in the other, they are here combined by a slight modification of language, in order to give more com- pleteness to this masterly defense. ' Strafford had no chance of acquittal except by fndncing the Ijords.-from a regard to their dignity and safety, to rise above the influence of the Com- mons as his prosecutors, and of the populace who surrounded Westminster Hall by thousands, de- manding his condemnation. In this view, his exor- I shall now proceed in r^eating ray defenses as they are reducible to the two main points of treason. And, I. For treason ' against the statute, which is the only treason in effect, there is nothing al- leged for that but the fifteenth, twenty-second, and twentyseventh articles. [Here the Earl brtiught forward the replies which he had previously made to these articles, which'contained all the charges of individual acts of treason. The fifteenth article affirmed that he had " inverted the ordinary course of justice- in Ireland, and given, immediate sentence upon the' lands and goods, of the King's subjects, un- der pretense of disobedience ; had used a mili- tary way for redressing the contempt, and laid soldiers upon the lands and goods' of the King's subjects, to their utter ruin." There was a de- ficiency of proofs as to the facts alleged. The Earl declared that "the customs of England dif- fered exceedingly from those of Ireland ; and therefore, though cessing of men might seem strange here, it was not so there ;" and that "nothing was more common there than for the governors to appoint soldiers tb put all manner of sentences into executibn," as he proved by the testimony of Lord Dillon, Sir Adam.Loftus, and Sir Arthur Teringham. 'The twenty-seventh article charged him with having, as lieutenant general, charged on the county of York eight pence a day for supporting the train-bands of Said county during one month, when called out ; and having issued his wai'rants without legal authority for the collection of the same. The Earl replied that " this nioney was freely and -voluntarily offered by them of York- shire, in a petition ; and that he had done nothing but on the petition of the county, the King's spe- cial command, and the . connivance, at least, of the Great Council, and upon a present necessity for the defense and safety of the county, when about to be invaded from Scotland." The twenty-second and twenty-third articles were the most pressing. TJnder these he was charged with s&ying in the Privy Council that "the Parliament had forsaken the King; that the King ought not to suffer himself to be over- mastered by the stubbornness of the people ; and that, if his Majesty pleased to employ forces, he had some in Ireland th^t might, serve to reduce dium has admirable dexljerity and force. He re- verts to the same topic in his peroration, assuring them, with the deepest earnestness and solemnity (and, as' the event showed, with perfect truth), that if they gave him up, they must expect to perish with him in the g;eneral ruin of the peerage. 13 THE EARL OF STRAFFORD [1641. this kingdom," thus counseling to his Majesty to put down Parliament, and subvert the funda- mental laws of the kingdom by force and arms. To this the. Earl replied, (1.) That there was only one witness adduced to prove these words, viz., Sir Henry Vanej secretary of the Council, but that two or more witnesses are necessary by statute to prove a charge of treason. (2.) That the others who were present, viz.J the Duke of Northumberland, the Marquess of Hamilton, Lord Cottihgton, and Sir Thomas Lucas, did not, as they deposed under oath, remember these words. (3.) That Sir Henry Vane had given his testimony as if he was in doubt on the sub- ject,- saying "as I do remember," and "such or such like words," which admitted the words Jnight be "«Aat kingdom," meaning Scotland.] n. As to the other kind, viz., constructive treason, or, treason by way of accumulatien ; to make this out, many articles have, beep brought against me, as if in ». heap of mere fplonies or misdemeanors (for they reach no higher) there could lurk some prolific seed to produce what, is treasonable ! But, my Lords, when a thousand misdemeanors will not make one felony, shall twenty-eight misdemeanors be heightened into treason ? ' I pass, however, to consider these charges, which affirm that I have designed the ovjerthrow both of religion and of the state. 1 . The first charge seemeth to be used rath- er to gnake me odious than guilty ; for there is not the least proof alleged^ — noi'could th^re be any — concerning my confederacy with the pop- ish faction. Never was a servant in authority under my lord and master more hat6d aiid ma- ligned by these men than myself, and that for an impartial and strict execution of the laws against them ; for observe, my Lords, that the greater number of the witnesses against me, Whether from Ireland or from Yorkshire, were of that re- ligion. But for my own resolution,,! thank God I am ready every hour of the day to seal my dis- satisfaction to the Church of Rome with my dear,- est blood. Give me leave, my Lords,vhere to pour forth the grief of my soul before you. These pro- ceedings against me seem to be exceedjng rig- orous, and to have more of prejudice than equity — that upon A supposed charge of hypocrisy or errors in religion, I should be made so odious to three kingdoms. A great, many thousand eyes have seen my accusations, whose ears vi^iU never heai- thai when it came to the upshot, (Apse very things were not alleged against me I Is this fair dealing among Christians? But I have lost nqthing by that. Popular applause was ever nothing in my conceit. The uprightness and integrity of a good conscience ever was, and ever shall be, my continual feast; and if I can be justified in your Lordships' judgments from this great imputation — as I hope I am, peeing these gentlemen have thrown down the bucklers — I shall account myself justified by the whole kingdom, because absolved by youj who are the better part, the very soul and life of the kingdom. 2. As for my designs agamst the state, I dare plead as much innocency as in the matter of re- ligion. I have ever admired the wisdom of our ancestors, who have so fixed the pillars of this monarchy that each of them keeps a due proper- tion and measure with the others — have sp ad- mirably bound together the nerves and sinews of the state, that the" straining of any one may bring danger and sorrow to the whole economy. The Prerogative of the Crown and the Propriety of the Subject have such natural relations, that this, takes nourishment from that, and that foun- dation and nourishment from this. And so, as in the! lute, if any one string be wound up too high or too low, you have lost the whole harinony; so here the excess of prerogative is oppression, df pretended liberty in the subject is disordej- and anarchy. The prerogative ratist be used as God doth his omnipotence, upon extraordinary occasions ; the la*s must have place at all other times. As there must be prerogative because there rmust be extraordinary occasions, so the propriety of the subject is ever to Ibe maintained, if it go in equal pace with the other. They are fellqvirs atid companions that are, and ever must be, inseparable in a well-ordered kingdom ; and no way is so fitting, so natural to nourish and entertain both, as the frequent use of parlia- ments, by which a commerce and acquaintance is kept up between the King and his subjects.' These thoughts have gone along with me 'these fourteen years of my public employments, and shall, God willing, go with me to the grave ! God, his Majesty, and my own conscience, yea, and all of those who have been most accessary to my inward thoughts, can bear me witness that I ever did inculcate this, that the .happiness of a kingdom doth consist in a just poise of the King!s prerogative and the subject's liberty, and that things could never go well till these went hand in hand together. I thank God for it, by my master's favor, and the providence of my an- cestors, I have an estate which so interests me in the common'wealth, that I have no great mind to be a slave, but a subject. Nor could I wist the cards to be shufiled over again, in hopes to fall upon a better set ; nor did I ever nourish such base and mercenary thoughts as to become a pander to the tyranny jind ambition of the greatest man living. No! I have, and ever shall, aim at a fair but bounded liberty; remem- bering always that I am a freeman, yet a sub- ject—that I have rights, but under a monarch. It hath been my misfortune, now when I am gray-headed, to be charged by the mislakers of the times, who 'are so highly bent that all ap- pears to them to be in th6 extreme/6r monarchy which is not forthemselves. . Hence it is that designs, words, yea, intentions, are brought out as denionstrations of my misdemeanors. Such a mnltiplying-glass is a prejudicate opinion ! 3 ^trafiford was generally regarded as the secret author of the King's aversion to Parliainents, whicl) had led him to dispense with their use for many years. Hence the above declaration, designed to relieveNhim ftom the effects of this prejudice. 1641.] WHEN IMPEACHED FOR HIGH TREASON. 13 The articles against me refer to expressions and actions — ^my expressions either in Ireland or in England, my actions either before or after these late stirs. ' (1.) Some of the expressions referred to were uttered in private, and I do protest against their being drawn to my injury in, this place. If, my Lords, words spoken to friends in fanjiliar dis- course, spoken at one's table, spoken in one's chamber, spoken in one's &k-bed, spoken, per- haps, to gain better reason, to gain one's self more clear light and judgment by reasoning — if these things' shall be brought against a man as treason, this (under favor) takes awjiy the com- fort of all human society. By this means we shall be debarred from speaking — ^the principal joy and comfort of life^^with wise and good men, to become wiser and better ourselves. If these things be strained to take away life, and honor, ancj all that is desirable, this will be a si- lent world ! A pity will become a hermitage, and sheep will be found among a oroijrd and press of people ! No man will dare to impart his solitary thoughts or opinions to his friend and neighbor ! . , Other expressions have been urged against me, which were used in giving counsel to the King. My Lords, these words were not wanton- ly or unnecessarily spoken, or whispered in a corner ; - they were spoken in full council, when, by the duty of my oath, I weis obliged to speak according to my heart and conscience in all things concerning the King's service. If I had forborne to speak what I conceived to be for the benefit of the King and the people, I had been perjured toward Almighty God. And fbr deliv- ering nay mind openly and freely, shall I be in danger of my life as a traitor ? If that necessity be put upon me, I thank God, by his blessing, I have learned not to stand in fear of hira who can only kill the body. If the question be whether I must be traitor to man or perjured to God, I will be faithful to my Creator. And whatsoever shall befall me from popular rage or my own weakness, I must leave it to that almighty Be- ing, and to the justice and honor of my judges. My Lords, I conjure yon not to make your- selves so unhappy as to disable your Lordships and your children, from undertaking the great charge and trust of this Commonwealth. You inherit that trust from your fathers. You are born to great thoughts. You are nursed for the weighty employments of the kingdom. But if it be once admitted that a counselor, for delivering his opinion with others at the council board, can- dide et caste, with candor and purity of faotive, under an oath of Secrecy and faithfulness, shall be brought into question, iipon some misappre- hension or ignorance of law-r— if every word that he shall speak from sincere and noble intentions shall be drawn against him, for the attainting of him, his children and posterity — I know not (un- der favor I speak it) any wise or noble person of fortune who will, upon such perilous and unsafe terms, adventure to be counselor to the King. Therefore I beseech your Lordships so to look on me, that my misfortune may not bring an inconvenience to yourselves. And though my words were not so advised and discreet, or so well weighed as they ought to have been, yet I trust your Lordships are too honorable and just to lay them to my charge as High Treason. Opinions may make a heretic, but that they make a traitor I have never heard till now. (2.) I am come next to speak of the actions which have been charged upon me, [Here the Earl went through with the vari- ous overt acts alleged; and repeated the sum and heads of what had been spoken by him before. In respect to the , twenty-eighth article, which charged him with " a njalicious design to en- gage the kingdoms of England and Scotland in a national^^and bloody war," but which the man- agers had not urged in the trial, he added more at large, as follows :] - ' If that one article had been proved against me, it contained more weighty matter than all the charges besides. It would not only have been treason, but villainy, to have betrayed the trust of his Majesty's army. But as the mana- gers have been sparing, by reason of the, times, as to insisting on that article, I have resolved to keep the same method, and not utter the least expression which might disturb the happy agree- ment intended between the two kingdoms. I only admire how I, being an incendiary against the Scots in. the twenty-third article, am become a confederate with them in the twenty-eighth ar- ticle ! how I could be charged for betraying Newcastle, and also for fighting, with the Scots at Newburne, since fighting against them was no' possible means of betraying the town into their hands, but rather to hinder their passage thither !, I never advised war any further than, in my poor judgment, it concerned the very life of the King's authority, and the safety and hon- or of his kingdopi. Nor did I ever see that any advantage cOuld be made by a war in Seotla,nd, where nothing could be gained but hard blows. For my part, I honor that nation, but I wish they may ever be tmder their own climate. I have no desire that they should be too well acquainted with the better soil of England..' My Lords, you see what has been alleged for thi§ consti'uctive, or, rather, destructive treason. For my part, I have not the judgment to con- ceive, that such treason is agreeable to the fun- damental grounds either of. reason or of law. Not of reason, for how can that be treason in the lump or mass, which is not so in any of its parts ? or how can that make a thing treasona- ble which is ndt so in itself? Not of law,, since neither statute, common law, nor practice hath from the beginning of the government ever men- tioned siich a thing. ' ' It, is hard, my Lords, to be questioned upon a law whicK can not be shown ! Where hath this fire lain hid for so many hundred year?, without smoke to discover it, till it thus bursts fo^th to consume me and my children ? My Lords, do we not live under laws ? and must we be pun- ished by laws before they are made ? Far bet- 14 THE EARL OF STRAFFORD, ETC. [1641 ter were, it to live by no laws at all 5 but to be governed by those .characters of virtue and dis- cretion,, which Nature hath stamped upon us, than to put this necessity of divination upon a man, and to accuse him of a breach of law 6c- fore it is a law at all ! If a waterman upon the Thames split his boat by grating upon an anchor, and the same have no buoy,appended to it, the owner of the anchor is to pay the loss ; but if a buoy be set there, every man passeth upon his own peril. Now where is the mark, where is the token set upon the crime, to de- clare it to be high treason ? My Lords, be pleased to give that regard to the peerage of England as never to expose your- selves to such moot points, such constructive in- terpretations of law. , If there must be a trial of witg, let the subject matter be something else than the ^ives and honor of peers ! - It will be wisdom for yburselves and. your posterity to cast into the fire these bloody and mysterious vol- umes of constructive and arbitrary treason, as the primitive Christians'did their books of jeuri- ous arts ; and betake yourselves to the plain let- ter of the law and statute, whi6h telleth what is and what is not treason, without being ambitious to be more learned in the art of killing than our forefathers. These gentlemen tell us that they speak in defense of the Commonwealth against my arbittary laws. Give me leave to say it, I speak in. defense of the Commonwealth against their arbitrary treason ! ; It is now full two hunijred and, forty years ^ since any man was touched for this allfeged crime to this height before myself. Let us not awa- ken those sleeping lions to our destruction, by taking up a few musty records that have lain by the walls for so many ages, forgotten or neg- lected. My Lords, wiiat is my present misfortune may be forever yours ! It is not the smallest part of my grief that not the crime of treason, but my other sins, which are exceeding many, have brought me to this Taar ; and, except your Lord.ships' wisdom provide against it, the shed- ding of my blood may make way for the tracing out of yours. Yott, toujb. estates, your pos- terity, LIE AT THE STAKE ! For my poor self, if it were not for your Lord- ships' interest, and the interest of a saint in heaven, who hath left me here two pledges .on earth — [at this his breath stopped, and he shed tears abundantly in mentioning his wife] — I should never take the pains to keep, up this ru- inous cottage of mine. It is loaded with such infirmities, that in truth I. have no great pleas- ure to carry it about with me any longer. Nor could I ever leave it at a fitter time than this, when I hope that the better part of the world wotld perhaps think that by my misfortunes I had given a testimony of my integrity to my God, my King, and my country. I thank God, I count not the afflictions of the prespnt life to be compared to that glory which is to be reveal- ed in the time to come 1 My Lords! my Lords! my Lords ! something more I had inteaded to say, but my voice and my spirit fail me. Only I do in all humility and submission cast myself down at your Lordships' feet, and desire that I may be a beacon to keep you from shipwreck.- Do not put such rocks in your own way, which no prudence, no circum- spection can eschew or satisfy, bufby your utter ruin ! And so, my Lords, even so, with all tranquil- lity of mind, I submit myself to your decision. And whether your judgment in my case-r-I vpish it were not, the case of you all — be for life or for death, it shall be rightebus in my eyes, and shall be received with a Te Deumlaudamui, we give God the praise. The House of Lords, after due deliberation, voted that the main facts alleged in the impeach- ment had been proved in evidence j and referred the question whether they involved the crime of treason, to the decision of the judges of the Court of the King's Bench. Previous to this, howev- er, and even before the Earl had made his clos- ing argument, a new course of proceedings was adopted in the House of Commons. When the managers had finished their evidence and argu- ments as to the facts alleged, a bill of attainder against the Earl was brought into the House by Sir Arthur Haselrig. The reason for this pro- cedure can not now be ascertained with any de- gree of certainty. The friends of Strafford have always maintained, that such an impression had been made on the minds of the judges and audi- ence during the progress of the trial, as to turn the tide in his favor ; and that his accusers, fear- ing he. might be acquitted, resorted to this meas- ure for the' purpose of securing his condemna- tion.' Such may have been the ^t ; but the Commons, in their conference with the Lords, April 1 5, declared that this was the course they had originally intended to pursue, "that the ev- idences of the fact being given, it was proposed from the beginning^to go by way of bill, and that they had accordingly brought in a bill for his attaindei;." St. John, their legal manager, positively denied that they were seeking to avoid the judicial mode of proceeding ; and, " what is stronger," as Hallam remarks, " the Lords voted on the articles judicially, and not as if they were enacting a legislative measure." Still the bill of attainder was strenuously opposed by a few individuals in the House, and e'speeially by Lord Digby, in his celebrated speech on the Subject, which will next be given. LORD DIGBY. George Digby, oldest son of the Earl of Bristol, was Ijorn. at Madrid in 1612, during the residence of his father in that city as English' emhassador to the Court of Spain. He was educated at Magdalen College, Oxford ; and entered into public life at the age of twenty-eight, being returned member of Parliament for the county of Dorset, in April, 1640. In cojnmon with his father, who had incurred the dis- pleasure of the King by his impeachment of Buckingham in 1626, Lord Digby came forward at an early period of the session, as an open, and determined enemy of the Court'. Among the " Speeches relative to. Grievances," his, as representative of Dorsetshire, was one. of the most bold and impassioned. His argument shortly after in favor of triennial Parliaments, was characterized by a still higher order of eloquence ; and in the course of it he made a bitter attack upon Strafford,' in show- ing the necessity of frequent Parliaments as a control upon mijjisters, declaring " }\e must not expect to be pardoned in this world till- he is dispatched to the other." From the ardor with which he expressed these sentiilients, and the leading part he took in every measure for the defense of the people's rights, Lord Digby was ap- pointed one of the managers for the impeachment of Strafford. Into this he en- tered, for a time, with the utmost zeal. He is describe^ by Clarendon as a man of uncommon activity of mind and fertility of invention ; bold and impetuous in what- ever designs he undertook ; but deficient in judgment, inordinately vain and ambi- tious, of a volatile and |inquiet spirit, disposed to sepa.rate. councils, and governed more by impulse than by fixed principles. Whether the course he topk in respect to the attainder of Strafford ought to be referred in any degree to the last-mentioned traits of character, or solely to a sense of justice, a conviction forced upon him in the progress of the trial that the testimony had failed to sustain the charge of treason, can not, perhaps, be decided at the present day. The internal evidence, afforded by the speech, is strongly in favor of his honesty and rectitude of intention. He appears throughout lik& one who was conscious of having gone too far ; and who was de- termined to retrieve his error, at whatever expense of popular odium it might edst him. Had he stopped here, there would have been no ground for imputations on his character. ' But he almost instantly changed the whole tenor of his political life. He abandoned his former principles ; he joined the Ooujrt party ; and did more, as we learn from Clarendon, to ruin Charles by his rq^shness and pertinacity, than any. other man. But, whatever may be thought of Digby, the speech is one of great manliness and force. It is plausible in its statements, just in its distinc- tions, and weighty in its reasonings. Without exhibiting any great superiority of genius, and especially any richness of iihagination, it presents us with a rapid suc- cession of striking and appropriate thoughts, clearly arranged and vividly expressed In one respect, the diction is worthy of being studied. It abounds in those direct and pointed forms of speech, which sink at once into the heart ; and by their very plainness give an air of perfect sincerity to the speaker, which of all things is the most important to one who is contending (as he was) against the force of popular prejudic3. Much of the celebrity attached to this speech is owing, no doubt, to the circumstances under which it was delivered. The House of Commons must have presented a scene of the most exciting nature when, at the moment of taking the final vote on the bill, one of the managers of the impeachment came forward to abandon his ground ; to disclose the proceedings of the committee in secret session; and to denounce the condemnation of Strafford, by a bill of attainder, as an act of murder. SPEECH OP LOED DIGBY ON THE BILi; OF ATTAINDER AGAINST THE EARL OF STRAFFORD, DELIVERED IN THE HOUSE OP COMMONS, APRIL 21, 1641. We are now.upon the point of giving, as much as in us lies, the final sentence unto death or life, on a great minister of state and peer of this king- dom, Thomas, Earl of Straflbrd, a: name of ha- tred in the present age for his practices, and fit to be made a terror to future ages by-his punish- ment. , , I have had the honor to be employed by the House in this great business, from the first hour that it was taken into consideration. It was a matter of great trust ; and I will say with con- fidence that I have served the House in it, not only with industry, according to ray ability, but with most exact faithfulness and justice. And as I have hitherto discharged my duty to this House and to my country in the progress of this great cause, so I trust I shall do now, in the last period of it, to God and to a good con- science. -I do wish the peace o[ that to myself, and the blessing of Almighty God to' me. and my posterity, according as my judgment on the life of this man shall be consonant with ray heart, and the best of ray understanding in all integrity. I know well that by some things I have said of late, while this bill was in agita.tion, T hayfe raised some prejudices against me in the cause. Yea, some (I thank them foi; their plain dealing) have been so free as to tell me, that I have suf- fered much by the backwardness I have shown in the bill of attainder of the Earl of Strafford, against whom I have formerly been so keen, so active. ^ I beg of you, Mr. Speaker, and the rest, but a suspension of judgment concerning nie, till I have opened my heart to you, clearly and, freely, m this business. Truljr, sir, I am still the same in my opinion and affections as to the Earl of Strafford. I confidently believe him to be the most dangerous minister, the most insupportable to free subjects, that can be charactered. I be- lieve his practices in themselves to have been as high and tyrannical as any subject ever ventured on ; and the malignity of them greatly aggrava- ted by those rare abilities of his,, whereof God hath given him, the use, but the devil the appli- cation. In a word, I believe him to be still that grand apostate to the Commonwealth, who rriust not expect to be pardoned in this world till he be dispatched to the pther. And yet let me tell yoUj Mr. Speaker, my hand ■must not be to that dispatch. I protest as liiy Conscience stands informed, I had rather it were off. Let me unfold to you the mystery, Mr.Speakr er : I will not dwell much upon justifying to you my seeming -variance at this time from what I was fbrmerly, by putting you in mind of the dif. ference between prosecutors and judges — how misbecoming that fervor would be in a judge which, perhaps, was commendable in a prose;, cutor. Judges we are now, and must, therefore put on another personage. It is honest and no- ble to be earnest in order to the discovery of tiTith ; but when that hath been brought so far as it can be to light, our judgment thereupon ought to be calm and cautious. In prosecijtion upon probable grounds, we are accountable only for bur industry or remissness ; but in judgment, we are deeply responsible to Almighty God for its rectitude or obliquity. In cases of life, the judge is Ood's steward of the party's blood, and must give a strict account for every drop. But, as I told you, Mr. Speaker, I will not in- sist long upon this ground of difference in me now from what I was formerly. The truth of it is, sir, the same ground whereupon I with the rest of the few to whom you first committed the consideration of ray Lbrd Strafford, brought down our opinionthat it was fit he should be accused of treason — upon the same ground, I was en- gaged with earnestness in his prosecution ; and had the same ground remained in that force of belief in me, which till very lately it did, I should not have been tender in his condemnation. But truly; sir, to deal plainly with you, that ground of our accusation — that which should be the ba- sis of our judgment df the Earl of Strafford as to ti-eason — is, to my understanding, quite vanished away. This it was, Mr. Speaker — ^his advising the King to employ the army in Ireland to reduce England. This I was assured would be proved, before I gave my consent to his accusation. I was confirmed in the same belief during the pros- ecution, and fortified most of all in it, after Sir Heriry Vane's preparatory examination, by as- surances which that worthy member Mr. Pym gave me, that his testimony would be made con- vincing by some notes -of what passed at the Junto [Privy Counpil] concurrent with it. This I ever understood would be of some other coun- selor; but you see now, it proves only to be a copy of the same secretary's notes, discovered and produced in the manner you have heard; and those such disjointed fragments of the ven- omous part of discourses — no results, no conclu- sions of coimcils, which are the only things that secretaries should register, there being no use of the other but to accuse and bring men into danger.' * See Strafford's reply on this snbject, p. 18. 1641 ] LORD DIGBY AGAINST THE ATTAINDER OF STRAFFORD. Ll But, sir, this is not that which overthrows the evidence with me concerning the army in Ireland, nor yet that all the rest of the Junto remember nothing of it ; bat this, sir, which I shiill tell you, is that which works with me, under favor, to an utter overthrow of his evidence as touching the army of Ireland. Before, while I was pros- ecutor, and under tie of secrecy, I might not dis- cover [dissolose] any wealtness of the cause, which now, as judge, I must. Mr. Secretary Vane was examined thrice upon oath at the preparatory committee. The first time he was questioned as to all the interrogato- ries ; and to that part of the Seventh which con- cerns the army in Ireland, he said positively these words : " I can not charge him with that ;" but ■ for the rest, he desired time to recollect himself, which was granted him. Some days after, he was examined a second time, and then deposed these words concerning- the King's being absolv- ed from rules of governrae'nt, and so forth, very clearly. But being pressed as to that part con- cerning the Irish army, again he said he could say "nothing to that." Here we thought we had done with him, till divers weeks after, my Lord of Northumberland, and all others of the Junto, denying to have heard any thing concern- ing those words of reducing England by the Irish army, it was thought fit to examine the secretary once more ; and then he deposed these words to have been spoken by-the Earl of Strafford to his Majesty : " You have an army in Ireland, which you may employ here to reduce (or some word to that sense) .this kingdom." Mr. Speaker, these are the circumstances which I confess with my conscience, thrust quite out of doors that grand article of our charge concerning bis des- perate advice to the King of employing the Irish army here. Let not this, I beseech you, be driven to an aspersion upon Mr. Secretary, as if he should have sworn otherwise than he knew or believed. He is too worfhy to do tha):. Only let this much be inferred from it, that hfe, whotwice upon oath^ with time of recollection, could not remember any thing of such a business, might well, a third time, raisremember somewhat; and in this business the difference of one word "here" for "there," or "that" for "this," quite alters the case; the latter also being the more probable, since it is confessed on all hands that the debate then was concerning a war with Scotland. And you may remember, that at the bar he once said " employ there."' And thus, Mr. Speaker, have I faithfully given you an account what it is that hath blunt- ed the edge of the hatchet, or bill, with me, to- ward my Lord Strafford. This was that whereupon I accused him with a free heart; prosecuted him with earnestness ; and had it to my understanding been proved, should have condemned him with innocence ; whereas now I can not satisfy my conscience to do it. I profess I can have no notion of any body's intent to subvert t|ie laws treasonably, but by force ; and this design of force not appearing, all his other wicked practices can not amount so B high with me. I can find a more easy and nat- ural spring from whence to derive fell his other crimes, than from an intent to bring in tyranny, and make hi^ own posterity, as well as us, slaves ; viz., from revenge, from pride, from passion, and from insolence Of nature. But had this of the Irish army teen proved, it would have diffused a complexion of treason over all. It would have been a withe indeed, to bind all those other scat- tered and lesser branches, as it were, into a fag- ot of treason. I do not say but the rest of the things charged may- represent him a man as worthy to die, and perhaps vvorthier than many a traitor. I do not say but they may justly direct us to enact that they shall be treason for the futuVe. But God keep me from giving judgment of death on any man, and of ruin to his innocent posterity, upon a law made a posteriori. Let the mark be Set on the door where the plague is, and then let him that will enter, die.'' ' I know, Mr. Speaker, there is in Parliament a double power of life and death by bill ; a ju- dicial power, and a legislative. The measure of the one isj what is legally just ; of the other, what is prudentially and politically fit for the good and preservation of the whole. But these two, under favor, are not to be confounded in judgment; We must not piece out want of le- gality with matter of convenience, nor the de- failance of prudential fitness -with a pretense of legal justice. To condemn ray Lord of Strafford jvdiciaUy, as for treason, ray conscience is not assured that the matter will bear it ; and. to do it by the leg- islative power, my reason consultively can ' not agree to that, since I am persuaded that neither theLords nor the King will pass this bill ; and, consequently, that our passing it will be a cause of great divisions, and contentions in the state. Therefore my humble advice i^ that, laying aside this bill of attainder, we may think of an- other, saving only life ; such as may secure the state from my Lotd of Strafford, without endan- gering it as much by division concerning his punishrhent, as he hath endangered it by his praetiees: If this raay not be; hearkened unto, let me conclude in saying that to you all, which I have thoroughly inoulea;ted upon mine own con- science, on this occasion. Let every man lay his hand upon his own heart, and seriously con- sider what we tire going to do with a breath : either justice or murder — justice on the one side; or murder, heightened and aggravated to its su- preraest extent, on the other ! For, as the oasi uists say. He who lies with his sister commits in- cest ; but he that marries his sister, sins higher, by applying God's ordinance to his crime ; so, doubt- less, he that commits murder with the sword of justice, heightens that crime to the utmost. ' This image was pdculiariy appropriate and for. oible at that time, when the plagiie had recently prevailed in London, and a mark was placed by the magistrates on infected dwellings as a warning not Co enter. IS LORD DIGBY AGAINST THE ATTAINDER OF STRAFFORD. [1641. The danger being so great, and the case so doubtful, that I see the best lawyers in diamet- rical opposition eonoerning it ; let every man ■wipe his heart as he does his eyes, when he would judge of a nice and subtle object. The eye, if.it be pf«-tinctured with any color, is vi- tiated in its discerning. Let us take heed of a blood-shotten eye in jiidgnient. Let every man purge his heart clear of all passions. I know this great and wise body politic can have none ; but I speak to individuals from the weakness which I find in myself. Away, with perscmal animosities ! Away with all flatteries tp the people, in being the sharper against him because he is odious to them ! Away with all fears, lest by spWing his blood they may be incensed-! Away with all such c^tisideriatipn^, as that it is not fit for a Parliament that one acsused by it of treason, should escape with life! Let not for- mer vehemence of any against him, nor fear from thence that he can not be safe while that man lives, be an ingredient in the sentence of any one of us. Of all these corruptives of judgnient, Mr. Speaker, I do, before God, discharge myself to the iitmost of my power; and do now, with a clear conscience, wash my hands of Ihis Iqan's blood by this solemn protestation, that my vote goes not to the taking of t^e Earl of Strajford'i life. Notwithstanding this eloquent appeal, the bill of attainder was carried the same day in the House, by a vote of two hundred and four to fifty? nine. The Lords had already deci(}e4 in their ju- dicial capacity that the main facts alleged in the indictment were proved, and referred the points of law to the decision of the judges of the Court of the Kng's Bench. On the seventh of May, " the Lord Chief Jnstipe of the King's Bench de- livered in to the Lords the unanimous decision of all the judges presetlt, ' That they are of opin- ion upon all which their Lordships had voted to be provqd, that the Earl of Strafford doth deserve to undergo the pains and forfeitures of high treason by l(iw.' " — Pari. Hist., vol, ii., p. 757. The Lords now yielded the point of form to the' Commons ; and as the penal consequences were the same,, instead of giving sentence under the impeachment, they passed the bill of attainder the next day. May Sth) by pi vote of twenty-six \q nineteen. It was still iq the power of Charles to save Strafford by .reftisii;g his a$s>nt to the bill; and be had made a solemn and written promise to de- liver him from his enemies in the last extremity, by the ejceroise of the royal prerogative. But, with his constitutional fickleness, he yielded ; and then, to pacify hi§ conscience, he sent a letr ter to the Lords asking the consent of Parlia- ment, that be inight "moderate thp severity pf the law in so important a case." Still, with that weakness, amounting to fatuity, which so often marked his conduct, he nullified his own request by that celebrated postscript, "If he must die, it were charity to reprieve him till Saturday !" As wight have be«n expeeted, the Earl was Axeout^d the next day, May Igth, 1641. The House of Commons, however, with a gpnerosity never raanifested before or since in such a case, immediately passed a bill to relieve his descendants from the penalties of forfeiture and corruption of blood- It is now generally admitted that, in a moral point of view, Strafford richly merited the pun- ishment he received. On the question of legal right, it rnay be proper to say, th&t while the doctrine of constructive treason under an im- peachment can not be too strongly condemned the proceedings under a bill «f attaii«ier were of a different nature. " Acts of Parliament," says Blaokstone, " to attaint particular persons of treason, are to all intents and purposes new laws tpade pro re nata, and by no means an ex- ecution of such as are already in being." They are, from their very nature, ex post facto laws. They proceed on the principle tbit while judicial courts are to be governed by the strict letter of the law, as previously known and established. Parliament, in exercising the high sovereignty pf th^ state, may, " on great and ejying oecs- siops," arrest some enormous offender in the midst of his crimes, and inflict upon him the punishment he so richly deserves, even in cases where, owing to a defect in the law, or to the arts of successful evasion, it is impossible to reaph him by means of impeachment, or through the ordinary tribunals of justipB. Such a power is obviously liable to great abuses ; and it i«, therefore, expressly interdicted to Congress in the Constitution of the United States. But it has always belonged, and still belongs, to the Parliament of Great Britain, though for many years it has ceased to be exercised in this form. The principle of retrospective punishment (the only thing really objeptipBablp in this case) has, indeed, come down in a milder form to a very late period of English history. We find it in those bills of " pains and penalties," which, as Hallam observes, " have, in times of compara- tive moderation and tranquillity, been sometimes thought necessary to visit some unforeseen and anomalous transgression, beyond the reach of our ^nal code." Mr. Maoaulay maintains that the Ea,rVs death, under existing circumstances, was abs£4utely necessary ; " that, during the civil wars, the Parliament bad reason to rejoice that an irreversible law and an impassable barrier protected them from the valor and rapapi^ of Strafford." Those who think differently on this point must at least agree with Hallam, that "h« died justly before God and man ; though we may deem the precedent dangerous, and the better course of a magnaoimous lenity rejected j and in condemning the bill of attainder, we cannot utqk upon it as a crime." LORD BELHAYEN. The author of this speech Belonged to the Hamilton family. He was one of the old Presbyterian lords, of high education, especially in classical literature ; lofty i;i his demeanor ; dauntless in spirit ; and wholly devoted to the peculiar interests of h,is country. The speech owes much of its celebrity to the circumstances under which it was delivered. It embodies the feelings of a proud and jealous people, whefl called upon to surrender thejr national independence, and submit to the authority of the British Parliament. ^ A century had now elapsed since the union of the English and Scottish crowns in the person of James I., and Scotland still retnained a distinct kingdom, with its own Parliament, its own judicial system, its own immemorial usages which had all the force of law. This state of things, though gratifying to the pride of the Scot- tish people, was the source of endless jealousies and contentions between the two countries ; and, as commonly happens in such cases, the weaker party suffered most. Scotland was governed by alternate corruption and force. Her nobility and gentry were drawn to England in great numbers by the attractions of the Court, as the seat of fashion, honor, and power. The nation was thus drained of her wealth ; and the drain became greater; as her merchants and tra,desmen were led to transfer their capital to the sister kingdom, in coiisequence of the superior facilities for trade which were there enjoyed. It was now apparent that Scotland could never flourish until she was permitted to share in those commercial advantages, from which she was debarred as a distinct country, by the Na.vigation Act of England. The Scotch were, therefore, clamor- ous in their demands for some arrangement to this effect. But the English had always looked with jealou'sy upon any intermeddling with trade, on the part of Scot- land. They had crushed her African and India Company by their selfish opposition, and had left her Darien settlement of twelve hundred souls to perish for want of support and protection ; so that few families in the Lowlands had escaped the loss of a relative or friend. Exasperated by these injuries, and by the evident determin- ation of the English to out them off from all participation in the benefits of' trade, the Scotch were hurried into a measure of alarming aspect for the safety of the em- pire. Noble and burgher, Jacobite and Presbyterian, were for once united. There was one point where England was vulnerable. It was the succession to the crown. This had been settled by the English Parliament on the Protestant line in the house of Hanover, and the fullest expectations were entertained that the Parliament of Scotland wouldireadily unite in the same measure. Instead of this, the Sijotch, in 1704, passed their famous Act of Security, in which they threw down the gauntlet to England, and enacted, that " the same person should be incapable of succeeding in both kingdoms, unless a free communication of trade, the benefits of the Naviga- tion Act, and liberty of the Plantations [i. e., of trading with the British West In- dies and North America] was first obtained." They also provided conditionally for a separate successor, and passed laws for arming the whole kingdom in his defense. It was now obvious that concessions must be made on both' sides, or the contest be decided by the sword. The ministry of Glueen Anne, therefore, proposed that commissioners from the two kingdoms should meet at London, to devise a plan of 20 LORD BELHAVEN. Union, which should be mutually advfintageoua to the two countries. This was accordingly done, in the month of April, 1706 ; and, after long negotiations, it was agreed, that the two kingdoms should be united into one under the British Parlia- ment, with the addition of sixteen Scottish peers to the House of Lords, and of forty-five Scottish members to the House of Commons ; that the Scotch should be entitled to all the privileges of the English in respect to trade, and be subject to the same excise and duties ; that Scotland should receive £398,000 as a compen- sation or " equivalent" for the share of liability she assumed in the English debt of £20,000,000 ; and that the churches of England and Scotland respectively should be confirmed in all their rights and privileges, as a fiindamental condition of the Union. These arrangements were kept secret until October, 1706, when the Scottish Parliament met to consider and decide on the plan proposed. The moment the Articles were read in that body, and given to the public in print, they were met with a burst of indignant reprobation from every quarter. A federal union which should confer equal advantages for trade, was all that the Scotch in general had ever contemplated : an incorporating union, which should abolish their ParUament and extinguish their national existence, was what most Scotchmen had never dreamed of. Nor is it surprising, aside from all considerations of national honor, thalt such a union should have been regarded with jealousy and dread. " No past experience of history," says Hallam, "was favorable to the absorption of a lesser state (at least where the government partook so much of a republican form) in one of superior power and ancient rivalry. The representation of Scotland in the united Legislature, was too feeble to give any thing like security against the English prej- udices and animosities, if they should continue or revive. The Church of Scotland was exposed to the most apparent perils, brought thus within the power of a Legis- lature so frequently influenced by one which held her, not as a sister, but rather as a bastard usurper of a sister's inheritance ; and though her permanence was guar- anteed by the treaty, yet it was hard to say how far the legal competence of Par- liament might hereafter be deemed to extend, or, at least, how far she might be abridged of her privileges and impaired in her dignity." It was with sentiments like these that, when the first article of the treaty was read. Lord Belhaven arose, and addressed the Parliament of Scotland in the follow- ing speech. It is lol^viously reported in a very imperfect manner, and was designed merely to open the discussion which was expected to follow, and not to enter at large into thfr argument. It was a simple burst of feeling, in which the great leader of the country party, who was equally distingiiished for " the mighty sway of his tal- ents and the resoluteness of his temper," poured out Tiis emotions in view of that act oi parricide, as he considered it, to wbich the Parliament was now called. He felt that no regard to consequences, no loss or advancement of trade, manufactures, or national wealth, ought to have the weight of a feather, when the honor and ex- istence of his country were at stake; He felt that Scotland, if only united, was abundantly able to work out her ovra salvation. These two thoughts, therefore^ NATIONAL HONOR and NATIONAL UNION — constituto the burden of his speech. SPEECH »JF LORD BELHAVEN AGAINST THE LEGISLATIVE UNION OF ENGLAND AND SCOTLAND, DELIV- ERED IN THE PARLIAMENT OF SCOTLAND, NOV. 2, 1706. My Lord Chancellor, — When I consider ihe affair of a union betwixt the two nations, as expressed in the several articles thereof, and now the subject of our deliberation at this time, I find my mind crowded with a Variety of mel- ancholy thoughts ; and I think it my duty to dis- liurden myself of some of them by laying them before, and exposing them to the serious con- sideration of this honorable House. I think I see a free and independent kingdom delivering up that which all the world hath been fighting for since the days of Nimrod ; yea, that for which most of all the empires, kingdoms, states, principalities, and dukedoms of Europe, are at this time engaged in the most bloody and cruel wars ; to wit, a power to manage their mm affairs by themselves, without the assistance and counsel of any other. I think I see a national church, founded upon a rock, secured by a claim of right, hedged, and fenced about by the strictest and most pointed legal sanctions that sovereignty could contrive, voluntarily descending into a plain, upon an equal level with Jews, Papists, Sooinians, Ar- miniaiis, Anabaptists, and other sectaries. I think I see the noble and honorable peerage of Scotland,' whose valiant predecessors led ar- mies against their enemies upon their own prop- er charges and expense, now devested of their followers and vassalages ; and put upon such an equal foot with their vassals, that I think I see a petty English exciseman receive more hom- age and respect than what was paid formerly to their quondam Mackalamores. I think I see the present peers of Scotland, whose noble ancestors conquered provinces, overran countries, reduced and subjected towns and fortified places, exacted tribute through the greatest part of England, now walking in the Court of Requests, like so many English attor- neys ; laying aside their walking swords when in company with the English peers, lest their self-defense should be found marder. I think I see the honorable estate of barons, the bold assertors of the nation's rights and lib- erties in the worst of times, now settiilg a watch upon their lips, and a guard upon their tongaes, lest they may be found guilty of scandalum mag- natum, a speaking evil of dignities. I think I see the royal state of burghers walk- mg their desolate streets, hanging down their heads under disappointments, wormed out of all the branches of their old trade, uncertain what hand to turn to, necessitated to become pren- tices to their unkind neighbors ; and ye^, after all, finding their trade so fortified by companies, and secured by prescriptions, that they despair of any success therein. ' I think I see our learned judges laying aside their pratiques and decisions, studying the com- mon law of England, graveled with oertioraris, nisi priuses, writs of error, verdicts, injunctions, demurs, &c., and frightened with appeals and avocations, because of the new regulations and reptifications they may meet with. I think I see the valiant and gallant soldiery either sent to learn the plantatibn trade abroad, or at home pelitioning for a small subsistence, as a reward of their honorable exploits; while their old corps are broken, the common soldiers left to beg, and the youngest English corps kept standing. I think I see the honest industrious tradesman loaded with new taxes and impositions, disap- pointed of the equivalents,' drinking water in place of ale, eating his saltless pottage, petition- ing for encouragement to his manufactures, and answered by counter petitions. In short, I think I see the laborious plow- man, with his corn spoiling upon his hands for want of sale, cursing the day of his birth, dread- ing the expehsei of his bnrial, and uncertain whether to marry or do worse. , I think I see the incurable difficulties of the landed men, fettered under the golden chain of "equivalents," their pretty da.ughters petition- ing for want of husbands, and their sons for want of employment. I think I see our mariners delivering up their ships to their Dutch partners ; and what through presses and necessity, earning their bread as un- derlings in the royal English navy ! But above all, my Lord, I think I see our an- cient mother, Caledonia, like Cesar, sitting in the midst of our Senate, ruefully looking round about her, covering herself with her royal gar- ment, attending the fatal blow, and breathing out her last vpith an et tu quoque mi fili .'' ^ The " equivalent," or compensation, of JC398,000, spoken of above, was to be distributed, a great por- tion of it, to the shareholders of the African and In- dia Company, who had suffered so severely by tho breaking up of the Darien settlement. As the shares must, in many instances, have changed hands, great inequality and disappointment was to be expected in the distribution of this money ; which was like- ly, in most cases, to go into the hands of the friends of government, as a bribe or recompense for services on this occasion. r ^ ^ ^ The actual exclamation of Cesar, as stated by Suetonius, was in Greek, Kalav riKvov ; and thm also, my child? The Latin version was undoubt- edly made at the time, by those whoreported the 22 LORD BELHAVEN AGAINST THE [1706. Are not these, my Lord,, very afflicting thoughts ? And yet they are but the least part suggested to me by these dishonorable articles. Should not the consideration of these things viv- ify these dry bones of ours? Should not the memory of our noble predecessors' valor and constancy rouse up our drooping spirits ? Are our noble predecessors' souls got so far into the English cabbage stalk and cauliflowers, that we should show the least inclination that way? Are our eyes so blinded, are our ears so deafen- ed, are our hearts so hardened, are our tongues so faltered, are our hands so fettered, that in this our day — I say, my Lord, in this our day — we should not mind the things that concern the very being, and well-being of our ancient king- dom, before the day be hid from our eyes ? No, my Lord, God forbid ! Man's extremity is God's opportunity : he is a present help in, time of need — a deliverer, and that right early ! Some unforeseen providence will fall out, that may cast the balance ; some Joseph or other will say, " Why do ye strive together, since ye are brethren ?" None can destroy Scotland save Scotland's self. Hold your hands from the pen, and you are secure ! There will be a Jehovah- Jireh ; and some ram will be caught in the thicket, when the bloody knife is at our mother's throat. Let us, then, my Lord, and let our no- ble patriots behave themselves like men, and we know not how soon a blessing may come. I design not at this time to enter into the merits of any one particular article. I intend this discourse as an introduction to what I may afterwa,rd say upon the whole debate, as it falls in before this honorable House ; and therefore,' in the further prosecution of what I have to say, I shall insist upon a few partiouleirs, very neces- sary to be understood before we enter into the detail of so important a matter. I shall therefore, in the first place, endeavor to encourage a free and full deliberation, with- out animosities and heats. In the next place, I shall endeavor to make an inquiry into the na- ture and source of the unnatural and dangerous divisions that are now on foot within this isle, with some motives showing that it is our inter- est to lay them aside at this time. And all this with all deference, and under the correction of this honoi'able House. My Lord Chancellor, the greatest honor that was done unto a Roman, was to allow him the glory of a triumph ; the greatest and most dis- honorable punishment was that of parricide. He that was guilty of parricide was l3eaten with rods upon his naked body, till the blood gushed out of all the veins of his body ; then he was sewed up in a leathern sack called a cukui, ' with a cook, a vipe^ , and an ape, and thrown headlong into the sea. My Lord, patricide is a greater crime than parricide, all the world over. In a triumph, my Lord, when the conqueror words. By many at the present day,' " Et tu Bru- te,'' has, been given as the expression ; but for this, it is believed, there is uo.dlassical authority. was riding in his triumphal chariot, crowned with laurels, adorned with trophies, and ap- plauded with huzzas, there was a monitor ap- pointed to stand behind him, to warn him not to be high-minded, nor puffed up with overween, ing thoughts of himself ; and to his chariot were tied a whip and a bell, to remind him that, not withstanding all his glory and grandeur, be wa» accountable to the people for his administration, and would be punished a!s other men, if found guilty. The greatest honor among «», my Lord, is to represent the sovereign's sacred person [as High Commissioner] in Parliament ; and in one par- ticular it appears to be greater than that of a triumph, because the whole legislative power seems to be intrusted with him. If he give the royal assent to an act of the estates, it becomes a ]a.w obligatory upon the subject, though con- trary to or without any instructions from the sovereign. If he refuse the royal assent to a vote in Parliament, it can not be a law, though he has the sovereign's particular and positive instructions for it. His Grace the Duke of Queensbury, who nov represents her Majesty in this session of Parlia- ment, hath had the honor of that great trust as often, if not more, than any Scotchman ever had. He hath been the favorite of two successive sovereigns ; and I can not but commend his con- stancy and perseverance, that, notwithstanding his former diffibulties and unsuccessful attempts, and maugre some other specialities not yet de- termined, his Grace has yet had the resolution to undertake the most unpopular measure last. If his Grace succeed in this affair of a union, and that it prove for the happiness and welfare of the nation, then he justly merits to have a statue of gold erected for himself; but if it shall tend to the entire destruction and abolition of our na- tion, and that we, the nation's trustees, shall go into it, then I must say, that a whip and a bell, a cook, a viper, and an ape, are but too small punishments for any such bold, unnatural Under- taking and complaisance.' I. That I may pave the way, my Lord, to a full, calm, and free reasoning upon this affair, which is of the last consequence unto this na- tion, I shall mind this honorable House, that we are the successors of those noble ancestors who founded our monarchy, framed our laws, amend- ed, altered, and corrected them from time to ' The High-CommissBjner dueensbury, though by birth a Scotchman, had by long employment in the service of the Court, lost all regard for the distinctive interests and honor of his native country. He was condliating in his manners, cool, enterprising, and resolute, expert in all the arts and intrigues of poli- tics, and lavish of the public money for the accom- plishment of his purposes. He had been the agent of the Court for attempting many unpopular meas- ures in the Scottish Parliament ; and he had now " the resolution to undertake the most unpopular measure last." He was generally hated and sus- pected as a renegade ; and hence the, bitterness with which he is here assailed, as seeking " the en- tire destruction and abolition of the nation.'' 1706.] LEGISLATIVE UNION OF ENGLAND AND SCOTLAND. S3 time, as the afTairs and circumstances of the na- tion did require, without the assistance or ad- vice of any foreign power or potentate; and. who, during the time of two thousand years, have handed them down to Us, a free, independ> ent nation, with the hazard of their lives and fortunes. Shall not we, then, argue for that which our progenitors have purchased for us at so dear a rate, and with so much immortal honor and glory ? God forbid. Shall the hazard of a father unbind the ligaments of a dumb son's tongue, and shall we hold our peace when our pairia, our country, is in danger ?* I say this, my Lord, that I may, encourage every individ- ual member of this House to speak his mind freely. There are many wise and prudent men among us, who think it not worth their while to open their mouths ; there are others, who can speak very well, and to good purpose, who shel- ter themselves under the shameful cloak of si- lence from a fear of the frovras of great men and parties. I have observed, my Lord, by rfly ex- perience, the greatest number of speakers in the most trivial affairs ; and it will always prove so, while we eome not to the right understand- ing of the oath defideli, whereby we are bound not only to give our vote, but our faithful ad- vice in Parliament, as vire should answer to God. And in our ancient laws, the representatives of the honorable barons and the royal boroughs are termed " ^okesmen.^' It lies upon your Lofd- ships, th'erefoi'ei partieularly to take notice of such, whose modesty makes them bashful to speak. Therefore I shall leave it upon yon, and conclude this point with a very memorable say- ing of an honest private gentleman to a great Queen, upon occasion of a state project, con- trived by an able statesman, and the favorite to a great King, against a peaceful, obedient peo- ple, because of the diversity of their laws and constitutions : " If at this time thou hold thy peace, salvation shall come to the people from another place ; but thou and thy house shall per- ish." I leave the application to each particu- lar member of this House.' ^ Allusion is here made to the stoiy of Crcesus Shi his dumb child, as related by Herodotus. At the storming^ of Sardis, a Persian soldier, throu&:h ignorance of the Kin^s person, was about to kill Groesas ; when his dumb son, under the impulse of astonisfameuc and terror, broke silence, and exclaim- ed, " Oh man, do not kill my father Croesus !" There was evidently in the mind of the speaker, and per- haps in the language actually employed, a play on the words pater, father, and patria, country, which gave still greater force to the alluision. ' ' An appeal is here made, not merely to those members of Parliament who were at first awed into silence by the authority of the Court, but to the Squadrone Volante, or Flying Squadron, a party headed by the Marquess of Tweddale, who held the balance of power, and were accustomed to throw themselves, during the progress of a debate, on that side where they could gain most. This party had thus far maintained a cautious silence ; and the ob- ject of Lord Belhaven was to urge them, under the pressure of a general and indignant public senti- ment, to declare themselves at once on the popular II. My Lord, I come now to consider our di- visions. We are under the happy reign, blessed ' be Godj of the best of qileens, who has no evil design against the meanest of her subjects | who loves all her people, and is equally beloved by them again ; and yet, that under the happy influence of our most excellent Queen, there should be such divisions and factions, more dan- gerous and threatening to her dominions than' if we were under an arbitrary government, is most strange ahd unaccountable. Under an arbitrary prince all are willing to serve, because all are under a necessity to obey, whether they will oi" not. He chooses, therefore, whom he will, with- out respect to either parties or factions ; and if he think fit to take the advice of his councils or Parliaments, every man speaks his mind freely, and the prince receives the faithful advice of his people, without the mixture of self-designs. If he prove a good prince, the government is easy ; if bad, either death or a revolution brings a deliv- erance ; whereas here, my Lord, there appears no end of our misery, if not prevented in time. Factions are now become independent, and have got footing in councils, in Parliaments, in treaties,, in armies, in incorporations, in families, among kindred ; yea, man and wife are not free from their political jars. It remains, therefore, my Lord, that I inqtiire into the nature of these things; and since the names give us not the right idea of the thing, I am afraid I shall have difficulty to make mys-elf well understood. The names generally used to denote the fac- tions are Whig and Tory ; as obscure as that of Guelfs and Ghibellines ; yea, my Lord, they have different significations, as they are applied to fac- tions in each kingdom. A Whig in England is a heterogeneous creature ; in Scotland he is all of a piece. A Tory in England is all of a piece, and a statesman : in Scotland he is quite other- wise ; an anti-courtier and anti-statesman. A Whig in England appears to be somewhat like Nebuchadnezzar's image, of different met- als, different classes, different principles, and dif-' ferent designs ; yet, take them altogether, they are like a piece of some mixed drugget of dif- ferent threads ; some finer, some coarser, which, after all, make a comely appearance arid an agreeable suit. Tory is like a piece of loyal home-made English cloth, the true staple of the nation, all of a thread ; yet if we look narrowly into it, we shall perceive a diversity of colors, which, according to the various situations and positions, make various appearances. Some- times Tory is like the moon in its full; as ap- peared in the affair of the Bill of Occasional Con- formity. Upon other ocbasioiis, it appears to be under a oloild, and as if it were eclipsed by a greater body ; as it did in the design of calling over the illuftripus Princess Sophia. However, by this we may see their designs are to out- shoot Whig in his own how. side, before the influence of the Court had time to operate through patronage or bribery. 24 LORD BELHAVEN AGAINST THE [1706. Whig, in Scotland, is a true blue Presbyterian, who, without considering time or power, will venture his all for the Kirk, but something less for the State. The greatest difficulty is how to describe a Soots Tory. Of old, when 1 knew them first, Tory -s^as an honest-liearted, oom- radish fellow, who, provided he was maintained and protected in his benefices, titles, and dig- nities by the State, was the less anxious who had the government of the Church. But now, what he is since jure divino came in fashion, and that Christianity, and by consequence salvation, comes to depend upon episcopal ordination, I profess I know not what to make of him ; only this I must say for him, that he endeavors to do by opposition that which his brother in England endeavors by a more prudent and less scrupulous method.^ Now, my Lord, from these divisions there has got up a kind of aristocracy, something like the famous triumvii;ate at Kome. They are a kind of undertakers and pragmatic statesmen, who, fijiding their power and strength great, and answerable to their designs, will make bar- gains with our. gracious sovereign; they will serve .her faithfully, but upon Jheiy. own terms; they must have their own instruments, their own measures. This man must be turned out, and 6 A few words of explanation will make this de- doription clearer. The English Whigs effected the Revolution of 1688 by combining various Interests against James II., and in favor of King William. Hence the party was composed of discordant ma- terials; and Belhaveh therefore describes it as a " mixed drugget of different threads," although, as a Scotch Presbyterian, he would naturally consider it as adapted to make "a comely appearance and an agreeable suit," from its Low-Church character, and its support of the Protestant succession. The English Tories were " the true staple of.the nation," being chiefly the old and wealthy families of the Es- tablishment, holding to High-Church principles and the divine right of kings. They gained the ascend- ency on the accession of GLueen Anne to the thi'one, and were thus " like the moon in its full." TJhey showed their sense of this ascendency, and their de- termination to maintain it, by the Bill of Occasional Conformity, which excluded from office all persons who had attended a dissenting place of worship. Afterward they changed their policy, and sought favor with the Hanover family, by a proposal for " calling over the Princess Sophia," who was the next successor to the crown. This gave great of- fense to dueeh Anne, s6 that now they were under a cloud, and as it were eclipsed. This courting of the Hanover family (which had hitherto been sap- ported by the Whigs alone) showed the English Tory fo be "a statesman," .or statemonger, bent on having power from supporting the state. A Scotch Tory, on the contrary, was a Jacobite, an "anti- courtier and .anti-statesman," 'opposed to the very existence of the new goverament ; while a Scotch Whig was a true blue Presbyterian, resolvmg his entire politics into the advancement of his Kirk and his country. The object of this satire on parties was to create a national spirit among. the Scotch, which should put an end to their factions, and unite them all in maintaining then: conntry's independ- ence. that man put in, and then they will make her the most glorious queen in Europe. WJiere will this end, my Lord ? Is not her Majesty in danger by such a method ? Is not the monarchy in danger ? , Is not the nation's peace and tranquillity in danger ? Will a change of parties make the nation more happy ? No, my Lord. The seed is sown that is like to af. ford us a perpetual increase. It is not an annual herb, it takes deep root; it seeds and breeds; and if- not timely prevented by her Majesty's royal endeavors, will split the whole island in two. Ill, My Lord, I think, considering our pres- ent circumstances at this time, the Almighty God has reserved this great work for us. We may bruise this hydra of division, and crush this cockatrice's egg. Our neighbors in England are not yet fitted for any such thing ; they are not under the afflicting hand of Providence, as we are. Their circumstances are great and glorious ; their treaties are prudently managed, both at home and abroad ; their generals brave and valorous, their armies successful and victo- rious ; their trophies and laurels memorable and surprising ; their enemies subdued and routed, their strongholds besieged and taken. Sieges relieved, marshals killed and taken prisoners, provinces and kingdoms are the results of their victories. Their royal navy is the terror of Europe.; their trade and commerce extended through the universe, encircling the whole hab- itable world, and rendering their own capital city the emporium for the whole inhabitants of the earth.' And which is yet more than all these things, the subjects freely bestowing tjieir treasure upon their sovereign ; and above all, these vast riches, the sinews of war, and with- out which all the glorious success had proved abortive, these treasures are managed with snch faithfulness and nicety, that they answer season- ably all their demands, though at never so great a distance. Upon these considerations, my Lord, how hard and difficult a thing will it prove to persuade our neighbors to a self-denying bill. 'Tis quite otherwise with us, my Lord, as we are an obscure poor people, though formerly of better account, removed to a distant corner of the world, without name, and without alliances ; our posts mean and precarious ; so that 1 pro- fess I don't think any one post in the kingdom worth the briguing [seeking] after, save that of being commissioner to a long session of a fac- tious Soots Parliament, wiith an antedated com- mission, and that yet renders the rest of the min- isters more miserable.* What hinders us then, ' The battle of Blenheim and other victories of Marlborough had recently taken place, and had raised England to the height of her military re- nown, while her naval superiority had been recent- ly established by equally decisive victories at sea. » By an act passed near the close of King Will- ies reign, the duration of the existing Scottish Parliament was to be prolonged for the period of SIX months after his death. But it did not actually meet, on the accession of dueen Anne, until the end 1706.] LEGISLATIVK UNION OF ENGLAND AND SCOTLAND. 25 my Lord, to lay aside our division.;, to unite cor- dially and heartily together in our pireSent cir- cumstances, -when our all is at stake. Hanni- bal, my Lord, is at our gates — Hannibal is come within our gates — Hannibal is come the length of this table-^-he is at the foot of the throne. He will demolish the throne, if we take not no- tice. He will seize upon these regalia. He will take them as our spolia opifna,^ and whip us out of this house, never to return again: For the love of' God, then, my Lord, for the safety and welfare of our ancient kingdom, whose sad circumstances I hope we shall yet convert into prosperity and happiness ! We want no means if we unite. God blessed the peace- makers. We want neither men, nor sufficiency of all manner of things necessary to make a na- tion happy. All depends upon management. Concordia res parvcB crescunt — small means in- crease by concord. I fear not these Articles, though they were ten times worse than they are, if we once cordially forgive one another, and that accoi'ding to our proverb, Bygones be bygtnes, and fair play for tune to come. For my ^jart, in the sight of God, and in the presence of this honorable House, I heartily forgive every man, and 'beg that they may do the same to me. And I do most humbly propose that his Grace my Lord Comraissiorjer may appoint an Agape, may order a Love-feast for this honorable House, that we may lay aside all self-designs, and after our fasts and humiliations, may have a day of re- joicing and thankfulness ; may eat our meat with gladness, and our bread with a merry heart. Then shall we sit each man under his own fia;- tree, ^nd the voice of the turtle shall be heard in our land, a bird famous for constancy and fidelity. My Lord, I shall pause here, and proceed no further in my discourse, till I see if his Grace my Lord Commissioner [Queensbury] will receive any humble proposals for removing misunder- standings among us, and putting an end to our fatal divisions. Upon my honor, I have no other of nin£ months. Hence the legality of its assem- bling WES denied by the Duke of Hamilton the mo- ment it convened; and he, with eighty other mem- bers, withdrew before it was constituted, daeeas- bury, however, proceeded, as High CommissioQer, to open Parliament. This, undoubtedly, ia the trans- action here alltided to. The commission under which he acted was dated back, probably, within the six months prescribed ; and hence the sneer about " an antedated commission." Violent animosities were created by this procedure. ' The spolia opima, or " richest spoils" of war among the Romans, consisted, "according to Livy, of the armor and trappings which a supreme com- mander had stripped, on the field of battle, from the leader of the foe. Platarcb says that, down to his time, only, three examples of this kind had occurred in Komau history. The image is, therefore, a very striking one, representing Scotland as prostrate, and stripped of her regalia (objects of alrhost supersti- tious veneration' to the people), which would be Ijorne off by England as her spolia opiTna, to grace her triumplL design ; and I am content to beg the favor upon my bended knees.'" No answer. My Lord Chancellor, I am sorry that I must pursue the thread of my sad artd melancholy story. What remains is more afflictive than what I have already said. Allow me, then, to make this meditation — that if our posterity, aftet we are all dead and gone, shall find themselves under an ill-made bargain, and shall have re- course to our records for the names of the man- agers who made that treaty by which they have suffered so much, they will certainly exclaim, " Our nation must have been reduced to the last extremity at the time of this treaty 1 All our great chieftains, all our noble peers, who once defended the rights and liberties of the nation, must have been killed, and lying dead on the bed of honor, before the nation could ever condescend to such mean and contemptible terms ! Where were the great men of the noble families — the Stewarts, Hahiiltons, Grahams, Campbells; John- stons, Murrays, Hpmes, Kers ? Where were the two great officers of the Crown, the Consta- ble and the Marischal of Scotland ? Certainly all were extinguished, and now we are slaves for- ever .'" But the English records — how will they make their posterity reverence the names of those illus- trious men who made that treaty, and forever brought under those fierce, warlike, and trouble- some neighbors who had. struggled so long for independency, shed the best blood of their nation, and reduced a considerable part of their coun- try to become waste and desolate ! I see the English Constitution remaining firm — the same two houses of Parliament ; the same taxes, customs, and excise; the same trade in companies ; the same municipal laws ; while all ours are either subjected to new regulations,, or annihilated forever ! And for what ? Only that we may have the honor to pay their old debts ; and may have some few persons present [in Par- liament] as witnesses to the validity of the deed, when they are pleased to contract more ! Good God! What? Is this an entire sur- render ? My Lord, I find my heart so full of gr,ief and indignation, that I must beg pardon not to finish the last part of my discourse ; but pause that I may drop a tear as the prelude to so sad a story ! This fervent appeal had no effect. The Treaty of Union was ratified by a majority of thirty-three out of two hundred and one mem- bers. That it was carried by bribery is now matter of history. Documents have been brought to light, showing that the sum of c£20,000 was sent to Queensbury for this purpose by the En- glish ministers ; and the names of those to whom the money was paid, belonging chiefly to the Squadrone, are given in full. "^ Lord Brougham, it seems from this passage, was not without precedent, when he sunk on hia knees before the House of Lords, in urging the adoption of the Refomi Bill. 26 LORD BELHAVEN AGAINST THE UNION, ETC. [1706. The fate of Belhaven was a melancholy one. He submitted quietly to what he considered the ruin and dishonor of his country. Two years after, a French fleet, with the Pretender on board, appeared off the coast of Scotland, and menaced an invasion of the country. The gov- ernment was thrown into the utmost disorder j and though the fleet withdrew without venturing on the proposed descent, numerous arrests were ms(de of suspected persons. Among these were Belhaven and others who had opposed the Union. Without a particle of proof against him, he was dragged to London. At the end of some weeks, however, he was released ; but expired, almost immediately after, of grief and indignation at this unworthy treatment." , The evils anticipated by Lord Belhaven, and depicted in such glbwing colors, never actually occurred. Nor were the benefits of the Union so immediate or great as were anticipated by its friends. The nation remained for a long time in an angry and mutinous state. Two rebellions " Laing, iv., 375. took place in behalf of the Stuart family, one in 1715, and the other in 1745. It became at length apparent that the worst evils of Scotland arose from her system of ekmship; which divid- ed most of the country, espeteially the Highlands, into numerous small sovereigftties, with the right of "pit and gallows," or imprisonment and death, under the name of "heritable jurisdic- tions." The course of justice was thus eflectu- ally impeded ; and a large part of Scotland was kept in a state of perpetual disorderly the jeal- ousies and, contentions of rival clans. Imme- diately after the rebellion of 1745, the right' of " heritable jurisdiction" was abolished by an act of Parliament, and the whole kingdom brought under the control of the same courts. " From the time that this act came into full operation," says Lord Campbell, " and not from the Union, commences the prosperity of Scotland; which having been the idlest, poorest, and most turbu- lent country in Etfrope, has become one of the most industrious, the most improving, and most orderly." SIR ROBERT WALPOLE. The administration of Walpole was the longest -whicli has occurred since the days of Clueen Elizabeth. He was probably the most dexterous party l«ader -which En- gland ever had ; " equally skilled to ■win popular favor, to govern the House of Com- mons, and to influence and be influenced by public opinion." Descended from an ancient and respectable family, he was born at Houghton, in Norfolkshire, on the 26th day of August, 1676. Part of his boyhood was spent at Eton, and he was for two years a member of the University of Cambridge ; but in neither of these places did he give any indications of superior talents. In early life he was remarkable for nothing but his high spirits and dislike of study. The only benefit he seems to have obtained from his early education, was a facility which he acquired at Eton of conversing in Latin. This became to him afterward an important instrument of power. George I. could speak no Eflghsh, and Walpole no German : so they compromised the matter when he was made Prime Minister ; and all the communications between him and his master, involving the highest in- terests of the kingdom, were carried on in " Irery bad Latin." The first impulse given to thp mind of Walpole. arose from his being elected a member of Parliament at the age of twenty-four. A vein was now struck which laid open the master principle of his character. Jt was a spirit of intense ambition. From this moment he laid aside all his sluggishness and love of ease ; he threw himself at once into the arena of political strife ; and the whole cast of his mind and feelings, as well as the character of the times, went to secure his early ascendency. He had naturally great force and penetration of intellect ; a clear judgment ; a dauntless spirit ; a thorough knowledge of human nature, especially on its weak side ; infinite dexterity in carrying on or counteracting political intrigues j a self-possession which never Ibrsook him in the most trying circumstances ; and a perfectly unscrupu- lous freedom in the adoption of every means that seemed necessary to the accomplish- ment of his designs. The only acquired knowledge which he brought with him into pubUc life,, was a thorough acquaintance with finance. It was precisely the knowl- edge that was needed at that juncture ; and it laid the foundation, at no distant pe- riod, of the long and almost despotic sway which he exercised over English afluirs. On taking his seat in Parliament, in 1710, he joined himself to the Whig party, and was almost immediately brought into office as Secretary at War. Thrown out soon after by a change of ministry, which arose from the silly prosecution of Sa- cheverell, he was restored to office in 1714, when the Whigs came into power under George I. From this time, for nearly thirty years, he was an active member of the government, during twenty of which he was Prime Minister, To this office he was ca.lled, by general consent, in 1721, on the explosion of the South Sea project, which filled the whole island with consternation and ruin. He had opposed the scheme and predicted its failure from the outset, though he had the sagacity to profit largely by speculating in the stock ; and now that his predictions were fulfilled, every eye was turned to Walpole, as the only one fitted, by his financial skill, to repair the shat- tered credit of the country. He was made First Lord of the Treasury, and Chan- cellor of the Exchequer, on the second of April, 1721. ■ Walpole bad now reached the summit of his ambition; and if he had only been ,28 SIR ROBERT WALPOLE. just and liberal to his political associates, he might, pernaps, even in that faithless and intriguing age, have gone on to enjoy an undisputed supremacy. But his am- bition was domineering and exclusive. He vi^as jealous of every man in his own party, -whose growing influence or force of character seemed likely to raise him above the station of a humble dependant. In about two years he quarreled with Car- teret, one of the most gifted men of the age, who came in with hirti as Secretary of State, simply because he Would allow of no colleague, but was resolved to rule at the council board as sole master. Within two years more, he endeavored to put Pultejiey out of the way by a specious offer of the peerage ; and thus made the most eloquent speaker in the House, before the time of Chatham) his enemy for life, Chesterfield was turned out from his station as Lord Steward of the: Household, with circumstances of personal insult, because he voted against the Excise Bill, which Walpole himself , soon after abandoned. Others of the nobility, with a number of military officers, among whom was Lord Chatham, were treated with the same in- dignity. Thus he alienated from hini, by degrees, nearly aU the talent of the- Whig party. - j The Opposition which he had to encounter was, therefore, composed of singularly discordant materials. To his natural oppmients, the Jacobites and Tories, was added a large body of disaffected Whigs, who took the name of " Patriots." Bolingbroke, after the pardon of his treasons by George L, and his return to England in 1724, though not restored to his seat in the House of Lords, and therefore unaile to share in public debateiTvas the acknowledged leader of the Tories and Jacobites ; and, by a coalition wMch he soon after made with Pulteney, became for nearly ten years the real head of the Opposition. He was qualified for this station by extraordinary abili- ties and matured experience. He was a veteran in the arts of popular- delusion. Such was the ascendency of his genius over the strongest minds, that he could unite Wyndham and Pulteney in the same measures ; and from his station behind the scenes, could move the' machinery of Opposition with the greater coolness because he had no share in public measures. Men were thus brought into one body, under the strictest party discipline, who could never have acted together for a moment on any other subject. They comprised a large part of the talent of the kingdom ; and were engaged for years in the struggle to put Walpole down, animated, in most in- stances, not only by an intense desire for office, but by personal resentment and a spirit of revenge. ' It was certainly a proof of consummate ability in Walpole, that he was able to stand for a single year against such an Opposition. That he sustained himself, to a considerable extent, by the systematic bribery of tM leading members of Parliament, there can be no doutt. Nor is he to be tried "by the standard of the present day on , that subject. Charles II. commenced the system ; it was continued imder his suc- cessor ; and when William III. was placed on the throne by the Eevolution of 1688, he found it impossible to carry on the government without resorting to the same means. " It was not, therefore," as remarked by Cooke in his History of Par- ty, " the minister who corrupted the age ; his crime was that he pandered to the prevailing depravity." But bribery alone could never have given Walpole so com- plete an ascendency. A ministerial majority, even when part of its members are bribed, demand of their leader at least plausible reasons for the vote they give, Against such ah Opposition as he had to encounter, nothing but extraordinary .tal- ents, and a thorough knowledge of affairs, could have maintained him for a single month at the head of the government. And it is a remarkable fact, as to the lead- ing measures for which he was so vehemently assailed, his Excise BUI, Wood's Pat- ent, a Standing Army, Septennial Parliaments, the Hanover Treaty, and the Span- ish Convention, jthat the verdict of posterity has been decidedly in his favor. Even SIR ROBERT WALPOLE. 39 Lord Chatham, who in early life was drawn under the influence of the Opposition leaders by 'their extraordinary talents and specious pretensions to patriotism, pub- licly declared, at a later period, that he had changed Jiis views of the principal measures of Walpole. But while posterity have thus decided for Walpole, on the main questions in de- bate between him and the Opposition, they have been far from awarding to him the honors of a great statesman. He undoubtedly rendered a most important service to his country, by the skill and firmness with which he defeated the machinations of the Jacobites, and held the house of Brunswick on the throne. It was not with- out reason that Q,ueen Caroline, on her dying bed, commended, not Walpole to the . favor of the King, but the King to the protection and support of Walpole. ■ Still, it is apparent, from the whole tenor of his conduct, that in this,' as in every other case, he was governed by, the absorbing passion of his Hfe,, the love of office. "He un- derstood," says Lord Campbell, " the material interests of the country, and, so far as was consistent with the retention of power, he wafe desirous of pursuing them." We have here the key to every measure of his administration — "the retention Of power .'" It was this that dictated his favorite maxim> ne quieta moveas, because he felt that change, however useful, might weaken his hold on office. Hence his , scandalous treatment of the Dissenters, whom he deluded for years with solemn promises of deliverance from the galling yoke of the Test Act, and thus held them as firm supporters of his ministry in the most trying seasons ; but when driven at last to say, !' When will the time come ?" he answered, as he always meant, " Nev- er !" He was afraid of the High. Church party ; and he chose rather to break his word, than to venture on what he acknowledged to be a simple act of justice. It was so in every thing. He would run no personal risk to secure the most certain and valuable improvements. He would do nothing to provide against renaote dan- gers, if it cost any great and immediate sacrifice. He therefore did nothing for the advancement of English institutions. He was the minister of the Present,, not of the Future. His conduct in respect to the Spanish war furnishes a complete exhi- bition of his character, and has covered his memory with indelible disgrace. He knew it to be unnecessary and unjust — " the most unprovoked and unjustifiable war," as a great writer has observed, "in the English annals." Any other minis- ter, rather than be forced into it by the popular clamor, would have instantly re- signed. But in the words of Lord Mahon, who was disposed, in general, to judge favorably of Walpole, " He still clung unworthily to his darling office,; thus proving that a love of power, and not a love of peace (as has been pretended), was his rul- ing principle. It was a sin ugainst light. No man had a clearer view of the im- pending mischief and misery of the Spanish war. On the very day of the Declara- tion, when joyful peals were heard from every steeple of the city, the minister mut- tered, ' They may ring the bells now ; before long they will be wringing their hands.' Yet of this mischief and misery he could stoop to be the instrument I" The selfish and temporizing policy of Walpole, on this occasion, proved his ruin. The war, which he never intended should take place, and for which he had, there- fore, made no preparation, proved disastrous to the English ; and the Opposition had the art to turn the popular odium with double violence^ upon the minister, for the failure of a measure which they had themselves forced upon him. The circum- stances attending his fall from power will be detailed hereafter, in connection with his speech on a motion for his removal from office. He resigned all his employ- ments on the 11th of February, 1742, and died about three years after, just as he was entering his sixty-ninth year. The age of Walpole was an age rathei: of keen debate than impassioned elo- quence. If we except Lord Chatham, whose greatest efTorts belong to a later pe- 30 SIR ROBERT WALPOLE. riod, we shall find but little in the leading orators of the day that was lofty or im- posing. They were emphatically biifiiness speakers, eagerly intent upon th^ object, but destitute of any principles or feelings, which could raise them above the level of the most selfish minds, engaged in a desperate, struggle for office and power. We find, therefore, in their speeches, no large views, no generous and elevated senti- ments, none of those appeals to the higher instincts of our nature, which are the crowning excellence of our English oratory. Any thing of this kind would have been laughed down by Walpole, as sheer affectation. Even patriotism, which is too often a limited and selfish virtue, he regarded as mere pretense. "Patriots," says he, " spring up like mushrooms ! I eoul^ raise fifty of them within the twenty-four hours. I have' raised many of them in a single night. It is but refusing to gratify . an unreasonable or an insolent demand, and up starts a patriot .'" The reasonings of that day were brief and pointed ; with no attempts at philosophy ; with but little breadth of illustration ; with scarcely any disposition to discuss a subject in its prin- ciples. Parliamentary speaking was literally "a keen encounter of the wits," in which the ball of debate was .tossed to and fro between men of high talent, who perfectly understood e^ch other's motives, and showed infinite dexterity in twisting jFacts and arguments to serve a purpose. It was the maxim of the day, that every thing was fair in politics. — -The best speeches abounded in wit and sarcasm, in sly insinuations or cutting invective, all thrown off with a light, bold, confident air, in racy English, and without any apparent efibrt. The language of debate approached as near to that of actual conversation, as the nature of the topics, and the flow of continuous discourse, virould permit. It was direct and idiomatic ; the language of men who had lived in the society of Addison and Swift ; and who endeavored to unite the ease and simplicity of the one with the pungency and force of the other. It is a style of speaking which has always been a favorite one in the British Senate ; and notwithstanding the examples of a loftier strain of eloquence in that body since the days of Chatham, it is stiU (though connected with more thorough discussion) the style which is cultivated by a majority of speakers down to the present day in both houses of Parliament. WYNDHAM AND WALP0LE ON THE SEPTENNIAL ACT. INTBODUCTION. The Septennial Act was passed in 1716, extending the duration of Parliaments from three to seyea years. By an extraordinary stretch of power, the Act.was made .applicable to the Parliament that passed it, whose members, by their own vote, thus add^d four years to their tenure of office. This they did on the ground that the nation had just emerged from a dangerous rebellion, and that the publjc mind was still in BO agitated a state, as to render the exciting scenes of a general election hazardous to the public safety. Whatever may be thought of this plea (and perhaps most men at the present day would unite with Mr. Hallam in justifying the measure), no one can doubt that the provisions of the Septennial Act, in respect to subsequent Parliaments, were strictly legal. This Act has now been in operation eighteen years ; and Bolingbrdse, who planned the leading meas- ures of the Opposition, saw that a motion to repeal it would embarrass the ministry, and gratify at once the landholders and the mob. The landholders, who were almost to a man Jacobites, or Tories, would be zealous for the repeal, since they were not only indignant at the Act, as Wyndham was born in 1887, of an ancient fam- ily, and was heir to one of the richest baronetcies in England. He entered Parliament at the age of twenty-one, and immediately attached himself to Bolingbroke, under whose instruction he soon be- came expert in all the arts of oratory aa^ intrigue., tie interest at the present day, concluded in the following manner :] We have been told, sir, in this House, that no faith is to be given to prophecies, therefore I shall not pretend to prpphesy ; but I may sttp- pose a case, which, though it has not yet hap- pened, may possibly happen. Let us then sup. pose, sir, a man abandoned to all notions of vir- tue or hoBOt, of no great family, and of but a 32 SIR ROBERT WALPOLE ON THE [1734, mean fortune, raised to be chief minister of state by the conourrence of many whimsical events ; afraid or unwilling to trust anybut creatures of his own making, and most of them equally aban- doned to all notions of virtue or honor' ; ignorant of the true interest of his country, and consult- ing nothing but that of enriohingand aggrand- izing hifrjself and his favoritbs ; in foreign affairs, , trusting none but those whose education makes it impossible for them to have such knowledge or such qualifications, as can either be of serv- ice to their country, or give any weight or credit to theiir negotiations. Let us suppose the true interest of the Wation, by such meahs; neglected or niisunderstood ; her honor and credit lost ; her trade insulted ; her merchants plundered ; and her sailors murdered: and all thes? things overlooked, only lor fear his administration should be endangered. Suppose him, next, possessed of great wealth, the.- plunder of the nation, with a Parliament of his own choosing, most of their seats purchased, and their votes bought at the expense of the public , treasure. In such a Par- liament, let us suppbse attempts made to inquire into his conduct, or to relieve the nation from the distress he has brought upon it ; and when lights proper for attaining those ends are called for, j not perhaps for the information of the particular gentlemen who call for them, but because noth- ing can b,e done -in a parliamentary way, till these things be in a proper way laid before Par- liament j suppose these lights refused, these rea- sonable requests rejected by a corrupt majority of his creatures, wliom he retains in daily pay, or engages in his particular interest, by granting t&em those posts and places vfhich ought never , to be given to any but for the good of the pub- lic. Upon this scandalous victory, let us sup. pose this chief miiiister pluming himself in defi. ances, because he finds he haS got a Parliament, like a packed jurj', ready to acquit Him at all adventures. Let us further suppose him arrived' to that degree of insolence and arrogance, as to domineer over all the men of ancient families, all the men of sense, figure, or fortune in the nation, and as he has no virtue of his ow;n, ridi- culing* it in others, and endeavoring to destroy or corrupt it iii all. I am still not prophesying, sir; I am only supposing ; and the case I am going to suppose I hope never will happen. But with such a minister and such a Parliament, let us suppose a prince upon the throne, either for want of true information, or for some other reason, ignorant and unacquainted with the inclinations and the interest of his people ; weak, and hurried away by unbounded ambition and insatiable avarice. This case, sir, has never yet happened in this nation. I hope, I say, it wilfnever exist. But as it is possible it may, could there any greater curse happen to ^a nation, than such a prince oil the throne, advised, and solely advised, by such a minister, and that minister supported, by such a Parliament ? The nature of mankind can not be altered by human laws ; the existence of such a prince or such a minister we can not prevent by act of Parliament ; but the existence of such a Parliament I think we may. .And as such a Parliament is much more likely to exist, and may do more mischief while^ the septennial law re- inains in force, than if it were repealed, therefore I am most heartily for the repeal of it. SPEECH OF SIR EOBEET WALPOLE ON ^ MOTION TO REPEAL THE SEPTENNIAL BILL, DELIVERED IN THIS, HOUSE OF COMMONS, 1734, IN REPLY TO SIR WILLUM WYNDHAM. Siii,.^rdo assure you, I did not intend to have troubled you on this-ocoasit)n. But such inci- dents now generally happen toward the end of our debates, nothing at all relating to thei sub- ject ; and gentlemen make such suppositions (meaning some person, or perhaps, as they say, no person now in being), and talk so much of wicked ministers, domineering ministers, minis- ters pluming themselves in defiapces — which terms, and such like, have been of late so much made use of in this House^-that if they really meah nobody either in the House or out of it, yet it must be suppo;sed-they at least mean to call upon some gentleman in this House to make them a reply. I hope, therelbre, I may be allow- ed to draw a "pieture ill' iny turn ; and I may likewise say, that I do not mean to give a de- scription of any particular person no'w in being. When gentlemen talk of ministers abandoned to all sense of virtue or honor, other gentlenien may, I am sure, with equal justice, and,' I think; more justly, speak of anti-m'iniSters' and mock- patriots, who never had either virtue or honor ;■ but in the whole course of their opposition are actuated only by motives of envy, and of resent- ment against those who have disappointed them in their views, or, may not perhaps haTe com- plied with all their desires. But now, sir, let me too suppose, and the House being cleared, I am sure no one that hears me can come within the description of the per- son I am to suppose. Let us suppose in this, or in some other unfortunate country, an anti- minister, -who thinks himself a person of so great and extensive, parts, , and of so many eminent qualifications", that he looks upon himself as the only person in the kiiigdom capable to conduct , the public affairs of the nation ; and therefore christening every ether gentleman \vho has the honor to be employed in the administration by the name of Blunderer. Suppose this fincgen- tleman lucky enough to have gained over to his party some persons really qf fine partSj of an- cient families, and of great fortunes, .and others of desperate views, arising from disappointed and malicious hearts ; all these gehtleraen. With re- spect to their political behavior, moved by him, and by him solely ; all they say, either in priv&fe 1734.] MOTION TO REPEAL THE SEPTENNIAL BILL. 33 or public, being only a repetition of the words he has put into their mouths, and a spitting out of that venom which he has infused into them ; and yet we may suppose this leader not really liked by any, even of those who so blindly follow him, and hated by all the rest of mankind. We will suppose this anti-minister to be in a country ■Where he really ought not to be, and where he could not have been b\it by an effect of too mdch goodness and mercy ; yet endetivoring, with all his might and with all his art, to destroy the fountain from whence that mercy flowed. In that country suppose him continually contract- ing friendships and familiarities with the em- bassadors of those princes who at the time hap- pen to be most at enmity with his own ; and if at any time it should happen to be for the in- terest of any of tho^e foreign ministers to have a secret divulged to them, which might be highly prejudicial to his native country, as well as to all its friends ; suppose this foreign minister applj'- ing to him, and he answering, " I will get it you ; tell me but what you want, I will endeav- or to procure it for you." UpoiMthis he puts a speech or two in the mouths of some of his creat- ures, or some of his new converts. What he wants is moved for in Parliament, ahd wheli so very reasonable a request as this is refused, sup- pose him and his creatures and tools, 4)y his ad- vice, spreading the alarm over the whole nation, and crying out, " Gentlemen, our oonutry is at present involved in many dangerous difficulties, all which we would have ejctricated you' from, but a wicked minister and a corrupt majority refused us the proper materials V' And "upon "this scandalous victory," this ministei" became so insolent as " to plume himself in defiances !" Let us further suppose this anti-minister to have traveled, and at every court where he was, think- ing himself the greatest minister, and making it his trade to betray the secrets of every court where he had before been ; void of all faith or honor, and betraying every master he ever serv- ed. I could carry my suppositions a great deal further, and I may say I mean no person' now in being ; but if we can suppose such a one, can there be imagined a greater disgrace to human nature than such a wretch as this ?' I "How mnst Wyndham and Palteney," says Lord Mahon, "have quailed before this terrible in- vective ! How mast it liave wrung the haughty sod of Bolingbroke !" Every word of it was true. While Secretary of State under ttueen Anne, he maintained a treasonable Correspondence with the Pretender, though he contrived, at the tiine, to rain- ceal the evidence, which has since been made pub- lic. On the accession of George I. he iied to Prance, and was made the Pretender's Secretary of State. Having quarreled with his new master, after sonie yeai-s, such were his powers of insinuation, that he obtained a pardon from George I, and was thus I'e- stored to a country " where he could not have been, but by the effect of too much goodness and mercy." Ilere he did the very things described by Walpole ; his friends did not deny it, or attempt his defense, .^s he soon after gave up the contest, and annoiinoed his intention to quit Bn'gland forever, it has been C Now, to be serious, and to talk really to the subject in hand. Though the question has been already so fully and so ^andsomely opposed by ray worthy friend tinder the gallery, by the learned gentleman near me, and by several oth- ers, that there, is no great occasion to say any thin^ further against it ; yet, as some new mat- ter has been stated by some of the gentlemen who have since "that time spoke upon the other side of the question, I hope the House will in- dulge mfe the liberty of giving some of those rea- sons which induce me to be against the motion. In general, I must take notice, that the nature df our constitution seems to be very much mis- taken by the. gentlemen who have spoken in fa- vor of this motion. It is certain that ours is a mixed government ; and the perfection of pur constitution consists in this, that the monarchic- al, aristooratical, and democratical forms of gov- ernment are mixed and interwoven in ours, so as to give us all the advantages of each, without subjecting us to the dangers and inconvenience^ of either. The democratical form of government, which is the only one I have now occasion to take notice of, is liable to these inconveniences, that they^re generally too tedious in their com- ing to any rfisolutioh, and seldom brisk and ex- peditious- enough' in carrying their resolutions into exisoutipn. That-they are always wavering i;i their resolutions, and never steady, in any of the measures they resolve to pursue ; and that they are often involved in, factions, seditions, and iiisurreotions, which expose them to be made the tools, if not thcf prey of their nfeighbors. Therefore, in all the regulations wp make with respect to our constitutipn,' we are to guard against running too, much into that form of gov- ernment which is properly called democratical. This was, in my opinion, the effect of the trien- nial law, and will again be the eflTeot, if it should ever be restored. That triennial elections would^ make our gov- ernment too tedious in all their resolves is evi- dent ; because,, in sueh ease, no prudent admih- istration would ever resolve upon any measure of consequence till they had felt, not only the pulse of the Parliament, but the pulse of the peo- ple. The ministers of state would always labor utider this disadvantage, that as secrets of state must not be immediately divulged, their enemies (and enemies they will always have) would have a handle for exposing their measures, and render- ing them disagrepable to the people, and there- by carrying perhaps a new election against thelm, before they could have an opportunity of justify- ing their measures, by divulging those facts and circumstances from whence the justice and the wisdom of their measures would clearly appear. Then it is by experience well known, that what is called the pppulace of every country are apt to understood that this speech of Walpole drove hi^i from the country. Lord Mahon has indeed shown that he had other reasons for going ; but this does not prove that Walpole's invective was not one im- portant cause, by destroying all his hopes of future 34 SIR ROBERT WALPOLE ON THE , [1734. be too much elated jvith success, and too much dejected with every misfortune. , This makes them wavering in their opinions about affairs of state, and never long of the same mind. And as this House is chosen by the free and unbiased voice of the people in general, if this choice were so often renewed, we mighf expect that this House would be as wavering and as unsteady as the people usually are. And it being impos- sible to carry on the public affairs of the nation without the concurrence of this House, the min- isters would always be obliged to comply, and consequently would be obliged to change their meas,)ires as oitertas the people qhanged their minds. With septennial Parliaments we are not ex- posed to either of these misfortunes, because, if the .ministers, after having felt the. pulse of the Parliament (which they cap always soon.do), rer solve upon any measures, they have generally tinieenough, before the new election comes on, to give the people proper infoririation,. in order to show them the justice and the wisdom of the measures tljey have pursued. And if the people should at any time be too much elated or too much dejected, or should, withput a cause, change their minds, thosek at the helm of affairs have time to set them rig^t before a new election comes on. As to faction and sedition, J will grant, that in monarchical and aristooratioal governments, it generally arises from violence and oppression ; but in popular or mixed governments, it always arises from the peopleJs havi;ig too great a share in the government, . {"or in all countries, and in all, governments, theri always will be niany fac- tious and unquiet spirits, who can never be at rest, either in power or out of power. When in power they are never easy, unless every man submits entirely to their directions; and when out of poWer, they are always working, and in- triguing, against those that are in,, without any regard to justic^, or to the interest of their coun- try. In popular goveiriiments such, men have too much game. They have too many oppor- tunities for working upon arid corrupting the minds of the people, in order to give thein a- bad impression pf, and' to raise discontents against those that have the management of the public affairs for the tim6 ; and these discontents often break but into seditions emd insurrections. This would, in my opinion, be our misfortune, if our Parliarnents were either annual or triennial- By such frequent elections, there would be so much power thrown into the hands of the' people, as would destroy that equal mixture, which is the beauty of our constitution. In short, our gov- ernment would really become a democratical government, and might from thencf very prob- ably diverge into, a tyrannical; Therefore, in order to preserve our constitution, in order to prevent our falling under tyranny and arbitrary power, we ought to preserve this law, which I' really think has brought our constitution to a more equal mixtuf4, and consequently to a great- er perfeetiani, than it was ever in before that law took place As to bribery and corruption, if it wej e pos- sible to influence, by such base means, the ma- jority of the electors, of Great Britain, to choose such men as would probably igive up their lib- erties — if it were possible to influence, by such means, a majority of the members of this House to consent to the establishment of arbitrary pow- er — I should readily allow, that the calculations made by the gentlemen of the other side were just, and their inference true. But I am per- suaded that neither of these is, possible. As the members of this House generally are, and must always be, gentlemen of fortune and figure in their country,. is it, possible to suppose that any of them could, by a pension or a post, be influ- enced to consent to th& overthrow of our consti- tution, by which the enjoyment, not only of what he got, but of what he before had, would be ren- dered .altogether precarious ? I wUI allow, that with respect to bribery, the price must be high- er or lower, generally in proportion to, the virtue of the man who is to be bribed ; but it must like- wise he granted that the humor he happens to be in at the time, and the spirit he happens to be endowed with, adds a great, deal to his virtue. When no encroachments are made upon the rights of the people. When the people do not think thernselves in any danger, there may be many of the electors who, by a bribe of ten guin- eas, might be induced to vote for one candidate rather than another. But if the court were mak- ing any encroachments upon the rights of the people, a proper spirit would, without doubt, arise in the nation ; and in such a case I am per- suaded that none,|Or very few, even of such elect- ors, could be induced to vote for a court candi- date — no, not for ten times the sum. There may be some bribery and corruption in the nation ; I am afraid there will always be some. But it is no proof of it that strangers [i. e., non-residents] are sometimes chosen; for a man may have so much natural influence over a borough in his neighborhood, as to be able, to prevail with them to choose any person he pleas- es to recommend. And if upon such recom- mendation they choose one or two of his friends, who are perhaps strangers to them, it is not from thence to be inferred that the two strangers were chosen their representatives by the means of brib- ery and corruption. To insinuate that money may be issued from the public treasury for bribing elections, is really something very extraordinary^ especially in those gentlemen w^io.know how many checks are upon every shilling that can be Issued from thence ; and how regularly the money granted in one year for the service of the nation must always be accounted for tlie very next session in this House, and likewise in the other, if they have a mind to call for any such account.' And as to gentlemen in office, if they have any advantiige dver country gentlemen, in having soraetbing else to (lepend on besides their own private for- ' Walpole's notioriouB system of bribeiy was cer- tainly not conducted in so bungling a manner. IT34.] MOTION TO REPEAL THE SEPTENNIAL Bll>h- 3b tunes, they have likewise many disadvantages. They are obliged to live here at London with their families, by which they are put to a much greater expense, than gentlemen of equal fortune who live in the country. This lays them under a very great disadvantage in supporting their in- terest in the country. The country gentleman, by living among the electors, -and purchasing the necessaries for his family from thfim, keeps up an acquaintance and correspondence with them, without putting himself to any extraordinary charge. Whereas a gentleman who lives in London has no other way of keeping up an ac- quaintance and correspphdenoe among his friends in the country, but by going down once or twibe a year, at a very extraordinary expense, and, oft- en without any other business ; so that we may conclude, a gentleman in offio6 can not, even in seven years, save much for distributing in ready money at the time of an election. And I really believe, if the fact Were narrowly inquired into, it would appear, that the gentleinen in office are as little guilty of bribing their electors, with ready money, as any other set of gentlemen in the king- dom. ' That there are ferments often raised among the people without any just cause', is what I am surprised to hear controverted, since very late experience may convince us of the contrary. Do not we know what a ferment was raised in the nation toward the latter end of the late Queen's reign ? And it is well known what a fatal change in t^le affairs of this nation was in- troduced, or at IjBast confirmed, by an election coming on while- the nation was in that ferment.^ Do not we know what a ferment was raised in the nation soon after his late Majesty's accesr sion ? And if an election had then been allowed to come on while the natibn was in-that ferment, it might perhaps have had as fatal effects as the former. But, thank God, this Was wisely pro- vided against by the very law which is now sought to be repealed. It has, indeed, been said, that the chief mo- tive for enacting that law now no longer exists. I can not admit that the motive they mean, was the chief motive; but even that motive is very far from having entirely ceased. Can gentlemen imagine, that in the spirit raised in the nation [against the Excise Bill] not above a twelve- month since, Jacobitism and disaffection to the present government had , no share ? Perhaps some who might wish well to the present estab- lishment, did co-operate ; nay, I do not know but they were the first movers of that' spirit ; but it can not be supposed that the spirit then raised should have grown up to such a ferment, merely from a proposition which was honestly, and fair- ly laid before the Parliament, and left entirely to their determination! No; the spirit was per- haps begun by those who are truly friends to the illustrious family we have now upon the throne. But it was raised to a much greater height than, I believe, even they designed, by Jacobites, and such as are epemies to our present establishment ; who thought they never had a fairer opportunity of brihging about what they had so long and so unsuccfeslsfully wished for, than that which had been furnished them by those who first raised that spirit. I hope the people have now in a great measure come to themselves ; arid therefore I doubt not but the next elections will show, that when they are left to judge coolly, they can dis- tinguish between the real and the pretended friends to the government. But I must say, if the ferment tlien raised in the nation had not al- ready greatly subsided, I should have thought a new election a very dE^ngerous experiment. And as such ferments may hereafter often hap- pen, I must think that frequent elections will al- ways be dangerous; fori which* reason, in so far as I can see at present, I ?hall, I; believe, at all times think it a very dangerous experiment to repeal the Septennial Bill. - The motion for repeal was rejected by a large majority, and the bill has remained untouched down to the present time. Most reflecting men will agree with Mr. Macaulay, that " the repeal of the Septennial Act, unaccompanied by a com- plete reform of the Constitutibn of the elective body, would have been an unmixed curse to the country." SPEECH OF SIR ROBERT WALPOLE ON A MOTION FOR ADDRESSING THE KING FOR HIS REMOVAL, DE- LIVERED IN THE HOUSE OF COMMONS, FEBRUARY, 1741. INTRODUCTION. The unpopularity of Walpple was greatly increased by the disasters of the Spanish war, all of which were ascribed to his bad management or want of preparation. The Opposition, therefore, decided, early ill 1741, on the extreme measure of proposing an address to fhe King for his removal. Accordingly, Mr. -Sandys, who was designated to take thd lead, gave notice of a motion to that eifect on the lltb of Feb- ruary, 1741. Walpole rose immediately and thanked him for the information. He went on with gi'eat calmness and dignity, to assure the House that he was ready to meet every charge that could be_ brought 3, Allusion is here made to the ferment created by th^ trial of Sacheverell, and the fall of the' Whig administration of Godolphin, Somers, &.C., conse- quent thereon. This change of ministry led to the Peace of Utrecht, by which the English gained far less, and their opponents more, than' had been generally expected under the- Whig administra- tion.' 36 SIR ROBERT WALPOLE ON [I'''*!- against him ; that he desired no favor, bat ifimply a fair hearing ; and concladed by laying his hand on his breast, and declaring, in the words of bis favorite Horace, that be was " conscious of no crime, and dreaded no accusation."' At the end of two days the motion was made; and such was the eagerness of public expectation, that the galleries were filled before daybreak, and many of the members took their places in the House at six o'clock in the morning to secure themselves a seat. At one o'clock, when the debate opened, nearly five hundred members of Parliament were present. On bringing forward his motion, Sandys, in a speech of great length and considerable ability, went over all the charges which from time to time had been t^rged against the minister. As to none of them did he attempt any new proofs ; and nearly all were, of that general nature whfch would certainly justify inquiry, bdt hardly authorize any decisive action.' His main argument, after all, was, that Walpole had been at the head of affairs for twenty years, Spd that the pepple'were tired of him as a minister, and hated him as a man. He ended by sayihg, "I have not, at jftesent, any occasion for showing that the Favorite I am now complaining of has been gpilty of heinous crimes, yet I will jay that there is a very general suspicion against him; that this suspicion is justified by the present situation of onr affairs both at home and abroad ; and that it is ridiculous to expect that any proper discovery should 'be made as long as he is in possession of.all the proofs, and has the distribution of all the penalties the crown can inflict,'as wdU as of all the favors the crown can bestow. Reinove him from the King's councils and presence ; remove him from those high offices and power he is now possessed of. If he has been guilty of aSy crimes, the proofs may then be come at, and the witnesses against him will not be afraid to appear. Till you do this, it is impossible to determine whether he is guilty or ii^nocent; and, considering fb6 universal clamor against him, it is high time to 'reduce him to such a condition'' that he may be brought to a fair, an impar- tial, and a strict account. If he were conscious of his being entirely innocent, and had a due regard to the security and glory of his master and sovereign, he would have chosen to have j)ut himself into this condition long before this time. Since he has not thought fit to do so, it is our duty to endeavor to do it for him ; and, therefore, I shall conclude with moving, ' That an humble address be presented to his Maj- esty, that he would be graciously pleased to remove the right honorable Sir Bobert 'Walpole, knight of theffnost noble order of the garter, first commissioner for executing the office of treasurer of the excheq- uer, chancellor and under-treasurer of the exchequer, and oneipf his Majesty's most honorable privy conn- cil, from his Majesty's presence and councils forever.' " A few days after, 'Walpole made a speech of four hours, in reply to Sandys and others, by whom he had been attacked. We have only an imperfect outline of his argument in the speech given below, but there is reason to believe that the introductory part and the conclusion are very nearly in his own words. SPEECH, &o. Ii* has been observed by several gentlemen, in vindication of this motion, that if it should be carried,. neither my life, liberty, nor estate. 'will be affected. But do the honorable gentlemen consider my character and reputation as~of no moment? Is it no iqiputation to be arraigned before this House, in whjdh I have s^t forty years, and to nave' my name transmitted to pos- ' In quoting the woi'ds of Horace (Epistle I., 61), Walpole gave them thus: Nil conacire sibi, nulli pallescere culpa. Pulteney, who sat by, cried out, "Your Latin is as bad as your logic!" "Nulla pallescere culpa!" Walpole defended his quotation, and offered to bet a guinea on its correctness. The question was ac- cordingly referred to Sir Nicholas Hardinge, clerk of the House, whose extraordinary erudition was ac- knowledged by all,. and he at once decided in favor of Pulteney. 'Waipole tossed him the guinea, and Pulteney, as he caught it, held it up before the House, exclaiming, " It is the only money I have re- ceived from the treasury for many years, and it shall he the last." He kept the guihea to the end of his life, as a memento of this occurrence, and left it to his children, with a paper stating how it was won, and'adding, "This guinea I desire may he kept as an heir4oom. It will prove to my posterity the use of knowing Latin, and will encouri^ge them in, their learning." It is now deposited in the medal-room of the British Museum. terity with disgrace and infamy? I will not conceal my sentiments, that to be named in Par- liament as a subject of inquiry, is to me a matter of great concern. But I have the satisfaction, at the same tim§, to reflect, that the impression to be made de'pends upon the consistency of the charge and the motives of the prosecutors. Had the charge been reduced to specific alle- gations, I should "have felt myself called upon for a spec^fip defense. Had I' served a weak of wicked master, and irapKoilly obeyed his dic- tates, obedience to his commands must have been my only justification. ' But as it has been my good fortune to serve a master who wants no bad ministers, and would have hearkened to none, my defense must rest on my own conduct. The consciousness of innocence is also a suffi- cient support against my present prosecutors. A further justification is derived from a consid- eration of the. views and abilities of the prosecu- tors. Had I been guilty of great enormities, they -want neither zeal and inolinatiDn to bring thern. forward, nor aibility to place them in the most prominent point of view. But as I am con- scious of no crime, my own experience copVinqes me that none can be justly imputed. I must therefore ask the gentlemen, From •whence does this attack proceed? From the passions and prejudices of the parties combined 1741.] ADDRESSING THE KING FOR HIS REMOVAL. 37 against rae, who may be divided into three class- es, the Boys, the riper Patriots, and the Tories.' The Tories I can easily forgive. They have un- willingly come into the measure; and they do me honor in thinking it necessary to remove me, as their only obstacle. What, then, is the infer- ence to be drawn from these premises* That demerit with my 'opponents ought to be consid- ered as merit- with others.' But, my great and principal crime is my long continuance in office ; or, in other words, the long exclusion of those who now complain against me. This is the hei- nous offense which exceeds all others. I keep from them the possession of that power, those honors, and those emoluments, to which they so ardently and pertinaciously aspire. I will not attempt to deny the reasonableness and necessity of a party war ; but in carrying on that war, all principles' and rules of justice should not be de- parted from. The Tories must confess that the most obnoxious persons have felt few instances of extra-judicial power.- Wherever they have been arraigned, a plain charge has been exhib- ited against them. They have had an impartial trial, and have been permitted to make their de- fense. And will they, who have experienced this fair and equitable mode of proceeding, act in direct opposition to every principle of justice, and establish this fatal precedent of parliament- ary inquisition? Whom would they conciliate by a conduct so contrary to principle and pre- cedent? Can it be fitting in them [thfe Tories], who have divided the public opinion of the nation, to share it with, those who now appear as their competitors? With the men of yesterday, the boys in {)olitios, who would be absolutely con- temptible did not their audacity render them de- testable ? With the mock patriots, whose prac- tice and professions prove their selfishness and malignity ; Who threatened to pursue me to de- struction-, and who have never for a moment lost sight of their object? These men, under the name of Separatists, presume to tall themselves exclusively the nalioa attd the people, and under that character eissume all power. ■ In their es- timation, the King, Lords, and Commons are a faction, and they are the government. Upon these principles. they threaten the destruction of all authority, and think they have a right to judge, direct, and resist all legal magistrates. They withdraw from Parliament because they succeed in nothing ; and then attribute their want of success, not to its true cause, their own want of integrity and iinportance, but to the effect of places, pensions, and corruption.' May it not 1 By the Boys he means Pitt, Lyttleton, ic, who were recently from college, with an ardent love of liberty, and much under the influence of Pulteney and others of more mature age, who were tlje "riper Patriots." ' This refers to a secession from the House head- ed by Wyndham, after the debate on 'the Spanish convention in 1739. It placed those who withdrew in a very awkward and even ridicalous position, from which they were glad to escape with cpbsist- be asked on this point, Are the people on the court side more united than on the other ? Are not the Tories, Jacobites, and Patriots equally determiped? What makes this strict union? What cements this heterogeneous mass ? Party engagements and personal attachments. How- ever different their views and jjrinoiples, they all agr^e in opposition. The Jacobites distress the government they would subvert ; the Tories con- tend for party prevalence and power. The Pa- triots, from discontent and disappointment, would change the mlnistr}^', that themselves may 'ex- clusively succeed. They have la"bpred this point twenty years unsuccessfully. They are impa- tient of longer delay. They clamor for change of measures, but mean only change of ministers. In party contests, why should not both sides be equally steady? Dbes not a Whig'adminis- tration as vvell deserve the support of the Whigs as the contraiy ? Why is not prindplejhe ce- ment in one as well as the other ; especially when my- opponents confess th^t all is leveled against one man ? Why this one man ? Be- oause'they think, vainly, nobody else could with- stand them. All others are treated as tools and vassals. The one is the corrupter ; the num- bers corrupted. But whence this cry of corrup- tion, and exclusive claim of honorable distinct tion? Compare the estates, characters, and for- tunes of the Commons on one side with those on the other. Let the matter be fairly investigated. Survey and examine the individuals who usually suppprt the measures of governhtient, and those who are in opposition. Let us see to whose side the balance preponderates. Look round both Houses, and see to whioh'side the balance of Vir- tue and talents preponderates ! Are all these on one side, and riot on the other ? Or are &H these to be oounterbslanced by an affected claim to the exclusive title of patriotism ? Gentlemen 'hav;e talked a great deal of patriotism. A ven- erable word; when duly practiced. But I am sorry to say that of late it^has been So much hackneyed about, that it is in danger of falling into disgrace. The very idea of true patriotism is lost, and the term has been prostituted to the very worst of purposes- A patriot, sir ! Why, patriots sjiting up likp mushrooms! I could raise fifty of them within the four-and-twenty hours. I have raised many of them in one night. It is but refusing to gratify an unreasonable or an insolent demand, and up starts a patriot. I have never been afraid of making patriots ; but I disdain and despise all their efforts. This prte- tended virtue proceeds from personal malice and disappointed ambition. There is not a man among them whose particular aim I am not able to ascertain, and from vvhat motive they have entered into the lists of opposition. I shall now consider the article's of accusation which they have brought against me, and which they have not thought fit to reduce to specific charges ^ and I shall consider these in the same ericy some' months after, when war was declared against Spain. 38 SIR ROBERT WALPOLE ON [1741. order as that in which they were placed by the honorable member who made the motion. First, in regard to foreign affairs ; secondly, to domestic affairs j and, thirdly, to the cohdnot of the war. ' I. As to foreign affairs; I must take notice of the uncandid manner in which the gentlemen on the other side have managed the question, by blending numerous treaties and complicated ne- gotiations into one general mass. To form a fair and candid judgment of the subject, it becomes necessary not to opnsi4er the treaties merely insulatid; but to advert to the time in which they wer^ made, to the circum- stances sind situation of Europe when they were made, to the peculiar situation in which I stand, and to the power which I possessed. I am call- ed repeatedly and insidiously prime and sole min- ister. Admitting, however, for the sake of ar- gument, that I am prime and sole minister in this country, am I,, therefore^ prime and sole minister of all Europe ? Am I answerable for the conduct of other countries as well as for that of liiy own ? Many words are not wanting to show, that the particular view of each court oc- casioned the dangers whiph affected the public tranquillity ; yet the whole is charged to my ac- count. Nor is this sufficient. Whatever was the conduct of England, I am equally arraigned. If we maintained ourselves in peace, and took no share in foreign transactions, we are reproach' ed for tameness and pusillanimity. If, on the contrary, we interfered in these disputes, we are called Don Quixotes, and dupes to all the world. If we contracted guarantees, it was asked why is the nation wantonly burdened ? If guarantees were declined,' we were reproached with having no allies. I have, however, sif, this advantage, that all the objections now alleged against the conduct of the administration to which I ha.ve the honor to belong, have already been answered -to the satisfaction of a majority of both houses of -Par- liament, and I believe to the satisfaction of a majority of the better sprt of people in tjie na- tion. - I need, therefore, qnly repeat a few of thesg answers that have befen made already, which I sh£|,ll do in the order of time in- which the sev- eral transactions happened ; and consequently must begin with our refusing to accept of the sole i&ediation offered us by Spdin, on the breach between that court and the court of France, ocr casioned by the dismission of the Iijfanta. of Spain.^ 3 'X'he Infatlta of Spain was betrothed to Louis XV., king of Prance, when four years old, and was sent to {"aris to be educated there. At tfaef'eDd of two years, Louis broke off the engagement and sent her back to Madrid. This indignity awakened the keenest resentment at the Spanish court, which sought to involve England in the quarrel by offering to make her sole mediator in respect to existing differences between 'Spain and ^he Emperor of -Ger- many, thus throwing Spain entirely into the hands of England. Th,e English government, for the rea- sons here assigned by Walpole, wisely rejected the mediation, and this was now imputed to him as a crime. I hope it will not be said we had any reason to quarrel with France upon that account ; and therefore, if our accepting of' that mediation might have produced a rupture with France, it was not our duly to interfere unless we had something very beneficial to expect from the ac- ceptance. A reconciliation between the courts Of Vienna and Madrid, it is true, was desirable to all Europe as well as to us, provided it had been brought about without any design to dis- turb our tranquillity or the tranquillity of Europe. But both parties were then so high in their de- ihands that we could hope for no success ; and if the negotiation had ended without effect, we might have expected the common fate of arbi- trators, the disobliging of both. Therefoie, as it was our interest to keep well with both, I. must still think it was the most prudent part W could act to refuse thfe offered mediation. The next step of our foreign conduct, exposed to reprehension, is the treaty of Hanover.* Sir if I were to give the ti'ue history of that treaty, which no gentleman can desire f should,'I am sure I could fully justify my own conduct. But as I do not desire to justify my own without jns- tifying his late Majesty's conduct, I must ob- serve that his late Majesty had such information as convinced not only hinr,-.but those of his coun. cil, both at home and abroad, that some danger- ous designs had been formed between the Em- peror and Spain at the time of their concluding the treaty at Vienna, in May, 1725; designs, sir, which were dangerous not only to the liber- ties of this nation, but to the liberties of Europe. They were not only to wrest Gibraltar and Port Mahon from this nation, and force the Pretender upon us ; but they were to have Don Carlos mar- ried to the Emperor's eldest daughter, who wou^d thereby have had a probability of uniting in' his person, or in the person of some of his suc- cessors, the crowns of France and Spain, with the imperial ijignity and the, Austrian dominions. It was therefore highly reasonable, both in France and us, to take the alarm at such designs, and to think betimes of preventing their beiOg car- ried into execution. But with regard tons, it was more particularly our business to take the alarm, because we were to have been immedi- ately attacked. I shall grant, sir, it would have been very difficult, if not impossible, for Spain * Spain now turned her resentment against En- gland, and settled her differences with the Emperor of Germany on terms so favorable to the latter, as to awaken suspicions (which were confirmed by se- cret intelHgence) that some hidden compact had been made, for conjointly attacking the dominionsof England.^ To counteract' this, England, in 1735; united with France, Prussia, Denmark, and Holland, in an opposing league, by a compact called the treaty of Hanover, from the place where it was made. The evidence of these facts coald not then be brought forward to defend the ministry; mi hence the treaty of Hanover, and the consequent expenditures on the Continent, were extremely un- popular in Englaiid. But subsequent disclosures have made it nearly or quite cert&ih, that every thing here alleged by Walpole was strictly true. 1741.] ADDRESSING THE KING FOR HIS REMOVAL. 39 and the Emperor joined together, to have invaded or made themselves masters of any of the Brit- ish dominions. But will it be said they might not have invaded the King's dominions in Ger- many, in order to force him to a compliance with what they desired of him as ICing of Great Brit- ain ? And if those dominions had been invaded on account of a quarrel with this nation, should we not have been obliged, both in honor and in- terest, to defend them? When we were thus threatened, it was therefore absolutely necessary for us to make an alliance with France; and that we might not trust too much to their assist- ance, it was likewise necessary to form allian- ces with the northern powei-s, and with" some of the princes -in Germany, which we never did, nor ever could do, without granting tliem,irame- diate subsidies.- These measures were, there, fore, I Mill think, not only prudent, but necessa- ry; and by these measures we made' it much more dangerous for the Emperor and Spain to attack us, than it would otherwise have been. But still, sir, though by these alliances we put ourselves upon an equal footing with our ene- mies in case of an attack, yet, in order to pre- serve the tranquillity of Europe as well as our own, there was something else to be done. We knew that war could, not be begun and carriesd on without money ; we knew that the Emperor had no money for that purpose without re'deiving large remittances from Spain ; and we knew that Spain could make no such remittances without receiving large returns of treasure from the West Iiidies. The only way,therefore, to render these two powers incapaible of disturbing 'the tranquil- lity of Europe, was by sending a squadron to the West Indies to stop the return of the Spanish galleons; and this made it necessary, at the same time, to send a squadron to the Mediter- ranean for the security of our valuable posses- sions in that parTof the world. By these meas- ures the Emperor saw the impossibility of at- tacking us in any . part of the world, bcjcarise Spain could give him no assistance either in money or troops ; and the attack made by the Spaniards flpbn Gibraltar was so feeble, that we had no occasion to call upon our allies for assist- anc(e. A small squadron of our own prevented their attacking it by sea, and from their attack by land we had nqthing to fear. Tbey raight have knocked their braihs out against inaccessi- ble rooks to this very day, without bringing that fortress into any danger. J do not pretend, sir, to be a great master of foreign affairs. In that post in which I have the honor to serve ,his Majesty, it is not ray business to interfere ; and as one of his Majesty's council, I have but one Voice. But if I had been the sole adviser of the treaty of Hanover, and p£ all the measures which were taken in pursuance of It, from what I have said I hope it will appear that I do not deserve to be censured either as a weak or a wicked minist^f on that account. The next measures which incurred censure Were tbe guarantee of the Tragmatic Sanction by the; second treaty of Vienna, and the refusal of the cabinet to assist the house of Austria, in conformity with the articles of that guarantee.^ As to the guarantee of the Pragmatic Sanc- tion, I am really surprised to find that measure objected to. It was so univers?i,l]y approved of, both within' doors and without, that till this very day, I think no fault was ever found with it, un- less it was that of being too long delayed. IT it was so necessary for supporting the balance of power in Europe, as has been insisted dn in this debate, to preserve entire the dominions of the house of Austria, surely it was nof our busi- ness to insist upon a pkrtition of them in favor of aiiy, of the princes of the empire. But if we had, could we have expected that the house of Austria vronld have agreed to any such partition, even for the acquisition of our guarantee ? The ICing of Prussia bad, it is true, a claim upon some lordships in Silesia; but that claim was 1 absolutely denied by the court of Vienna, and was not at that time so much insisted on by the late King of Prussia. Nay, if he had lived till this time, I believe it would not now have been insisted on ; for he acceded to that guarantee withou,t any reservation of that claim ; therefore I must look upon this as an objection which has sintee arisen from an accident that could not then be foreseen. or provided against. • I must therefore think, sir, that our guarantee of the Pragmatic Sanction, or our manner of do- ing it, can not now be objeeted to, nor any per- son censured by Parliament for advising that measure. In regard to tlie refusal Of the cab- inet to assist the house of Austria; thpugh it was prudent and right in us to entel into that guar- antee, we were not therefore obliged to enter into every ^broil the housd of Austria migUt after- ward lead themselves into. And therefore, we were not in honor obliged to take any share in the war which the Emperor brought upon him- self in the year 1733 ; nor were we in interest obliged to take a share in that war as long as neither side attempted to push their conquests farther than was consistent with the balance of power in Europcj which was a ease that did not happen. For the power of the house of Aus- tria was not diminished by the event of that war, because they got Tuscany,. Parma, and PlaCen- tia in lieu of Naples, and Sicily; nor was' the power of France much increased, because Lor- 5 Charles yi., emperor of Germany, having no male issue, made an instrument called a Pragmatic Sanction, by which all his hereditary estates were to devolve dn his female descendants. To give this instrument greater force, he induced nearly alft the powers of Eiirope (and England among the rest, for reasons assigned -by^Walpole) to unite in. a guar- antee for carrying it into efiect. But this, although designed to secure Austria against a partition be* tween various claimants, in case of his death, was .certainly not intended to pledge England or any other power to interfere in all the quarrels in which the Emperor might engage. When he became in- volved in war with Prance, therefore, in 1733, by supporting Augustus for the vacant throne of Po- land, against the remonstrances of Walpole, the lat- ter was under no obligation to afford him aid. 40 SIR ROBERT WALPOLE ON [1741. raine was a province she had taken and kept possession ojf during every war in which she had been engaged. . As in the disputes with Spain, they had not then reached such a height as to make' it neces- sary for us to come to an open rupture. We had then reason to hope, that all difl'erences would be accommodated in an amicable manner j and while we have any such hopes, it can never be prudent for us to engage ourselves in war, espe- cially with Spain, where we have always had a Very beneficial commerce. These hopes,' it is true, sir, at last proved abortive; but I never 'heanl it was a crime to hope for the best. This sort of hope was the cause of the late Conven- tion. If Spain ha;d performed her part of that pi'elimihary treaty, I am sure it would not have been wrong in us tohave hopfedfor a friendly accommodation ; and for that end to have waited nine or ten months longer, in which time the plenipotentiaries were, Tby the treaty, to have adjusted all, the differences subsistihg. between the two nations. But the failure' of Spain in performing what had been agreed to by this preliminary, put an end to all our hopes, and then, and hot till then, it became- prudent to en- ter into hostilities, which were commenced as soon as ppssible after the expiration of the term limited for the payment of the c695,000.^ Strong and virulent censures have been cast on rne fpr having commenced the war without a single ally ; and this deficiency has been ascrib- ed to the multifarious' treaties in which I have bewildered myself. But although the, authors of. this imputation are well apprised, that all these treaties have been submitted to and ap- proved by Parlianient, yet theyare now brought forward as crimes, without appealing to the judg- ment of f'arliament, and without pr«ving or de- claring that all or any ot hem were advised by me. A supposed sole minister is to be condemn- ed and punished as the author of all ; and what adds to the enormity is, that an attempt was made to convict him uncharged and (inheard, without taking into consideration the most ar- duous crisis -which ever occurred in the annals of Europe. Sweden corrupted by France ; Den- mark "tempted and wavering ; the Landgrave oL Hesse Cassel almost gained ;' the King of Prus- sia, the Emperor, , and the Ozarina, with whom alliances had been negotiating, dead ; the Aus- trian dominions claimed by Spain and Bavaria ; the Elector of Saxony hesitating whether he should accede ft> the general confederacy plan- ned' by France ; the . court of Vienna irresolute and ipdeoisive. In this critical juncture, if France enters into engagements with Prussia, and, if the Queen of Hungary hesitates and listens to France, are all or any of. those events to be imputed to ' This is the Only point on which "Walpole is tame and weak. It is exactly the point where, if ha had acted a manly part eighteen months before, his de- fense would have been most triumphant. He knew there was no ground for a vvar with Spain; and he ought to hav^ held to the truth on that point, even at the socriiice of his oifioe. English counsels?' Andif to English counsels, why are they to he attributed to one man ? II. I now come, sir, to thes second head, the conduct of domestic affairs. - And here a most heinous charge is made, that the nation has been burdened with unnecessary expenses, for the sole purpose of preventing the discharge of our debts and the abolition of taxes. But ithis j^ttack is more to the dishonor of the wJiole cabinet coun- cil than to me. If there is E^ny ground lor this imputation,: it is a charge upon King, Lords, and Commons, as corrupted, or imposed Upon. And tliey have no proof 'ot these allegatbns, but affect to substaiitiate them by common fame and ' public notoriety ! No expense has been incurxeibut what has been approved of, and provided for, by Parlia- ment. The public treasure has been duly ap» plied to the uses to which it was appropriated by Parliament, and regular accounts have been annually laid before Parliament, of every article of expense. If by foreign accidents, by the dis- putes of foreign stlates ampng themselves, or by their designs ' ageinst us, the nation has often been put to an extraordinary expense, that ex- pense pan not be said to have been unnecessary ; because, if by saving it we hid exposed the bal- ance of power to danger, or ourselves to an at- tack, it would have cost, perhaps, ,» hundred times that sum before we could recover from that danger, or repd that attack. In all such cases there will be a variety of opinions. I happened to be one of those who thought all these expenses necessary, and I had the good fortune to have the majority of both , houses of Parliament on ray side. But this, it seems, proceeded from bribery and corruption. Sir, if any one instance had been mentioned, if it had been shown that I ever offered 'a reward to any member of either House, or ever threat- ened to deprive any member of his oifice or em- ployment, in order tojnfluenoe his yote in Par- liament, there might have been some ground for this charge. But when it is so generally laid, I do not know what I, can say, to it, unless it be to deny it as generally and as positively as it has ' ■'This " critical jancture" was occasioned by the recent death of the Emperor Charles VI. Underthe Pragmatic Sanction, his Austrian possessions fell to his daughter Mai;ia Theresa, queen of Hcmgaryi but were claimed in part by Spain, though chiefly by the Elector of Bavaria, supported by, France. Frederick of Prussia, afterward called the Great, who had just succeeded his father, "was'flactuating Between France and the dueeu / but offered to sup- port the latter if she would cede to him Silesia. Walpole, who wished to defeat the.plans of France, advised her to yield to this demand, though unjust, and thus preventa general war. Her ministers were weak and irresolute, and the affairs of Europe were in utter confusion. The proud spirit of, the Queen soon decided the question. She refused the surren- der of Silesia, was attacked by Frederick' and the French, and was on the brink of rain; when she made, seven months after this speech was deliver- ed, her Celebrated appeal for support to the Diet ot Hungary, by which; in the' words of Johnson, "TM aueen, the Beauty, set the world in arms." "fc- 1741.] ADDRESSING THE KING FOR HIS REMOVAL. 41 been asserted. And, thank God ! till some proof be offered, I have the laws of the land, as well as the laws of charity, in my favor. Soms jnembers of both Houses have, it is true, been removed from their employments under the Crown; but were they ever told, either by me, or by any other of his Majesty's servants, that it was for opposing the measures of the admipis- tration in. Parliament ?' They were removed because his Majesty did not think fit to continue them longer in his service. His Majesty had a right so to do ; and I know no one that has a right to ask him, " What doest thou?" If his Majesty had a mind that the favor? of the Crown should circulate, would not this of Itself be a good reason for removing any of his servants? Would not this reason be approved of by the whoie nation, except those who happen to be the present jiossessors? I cannot, therefore, see how this can be imputed as a crime, or how any of the' King's ministers can be blamisd for his doing what- the public has no concern in ; for if the public be well and faithfully served, it has no business to ask by whom. As to the particular charge ur^ed against me, I mean that of the army debentures, J am sur- prised, sir, to'hear any thing relating to this affair charged upon -me. Whatever blame may at- tach to this affair, it- must be placed to the ac- count of those that wer^ in power when i was, as they call it, the country gentleman.* It was by them this affair was introduced and conduct- ed, and I came in only to pay off those public securities, which their management had reduced to a great discount } and consequently to redeem our public credit from that reproach which they had brought upon it. The discount at which these army debentures were negotiated, was a strong and prevalent reason with Parliament to apply the sinking fund first ^o the payment of those debentures ; hut the sinking fund could not be applied to that purpose till it began to produce something considerable, which was not till the year 1727. That the sinking fund was then to receive a great addition, was a fact pub- licly known in 1726 ; and if somfe people were sufficiently quick-sighted to foresee that t\fe Par- liament would probably make this use of it, and cunning enough to make the most of-thte own foresight, could I help it, or could they be blamed for doing so? But I defy my most inveterate enemy to prove that I had any hand in bringing these debentures to a discount, or that I had any share in the profits by buying them up. In reply to those who confidently assert that the national debt is not decreased since 1727, and that the sinking fund has not been applied to the discharge of the public burdens, I dan With truth declare, that a part oF the debt has been paid off; and, the landed interest has been very much eased with respect to that most un- equal and grievous burden, the land tax. I say 30, sir, because upon examination it will appear, that within these sixteen or Seventeen years, no I One who held himself bound to neither party. less than 668,000,000 of our debt has been act- ually discharged, by the due appliqation of the sinking f)md ^ and at least ^£7,000,000 has been taken from that fund, and applied to the ease of the land Uk. For if it'had ,npt been applied to the current service, we must have supplied that service by increasing the land tax ; and as the sinking fund was originally designed for paying off our debts, and easing us of our taxes, the ap- plication of it in ease, of .the land tax, was cer- tainly as proper and necessary a use as could be ^raade. And I little thought thit giving relief to.lanijed gentlemen, would have been brought agamst me'as a crime.' ' III. -I shall now advert to the third topic of accusation : the conduct of the war. I have al- ready stated in what manner, and under what circumstances, hostilities commenced ; and as I am neither general nor adrairaj — as I have noth- ing to do either .with our navy or army — I am sure I am not answerable fol: the prosecution of it. But were I to answer lor every thing, no fault couldjl think, be found with my conduct in the prosecution of the war. It has from the be- ginning been carried on with as much vigor, and as great care of our trade, as was consistent with our safety- at home, and with the circum- stances we were in at the beginning of the war. If our attacks upon the enemy were too long de- layed, or if they have not been so vigorous or so frequent as they ought to have been, those only are to blame who have for many^years been ha- ranguing against standing armies ; for, without a sufficient number of regular troops in propor- tion to the numbers kept up by our jieighbors, I am sure we can neither defend ourselves nor offend our enemies. On the supposed miscar- riages of the war, so unfairly stated,, and -so un- justly imputed to me, I could, with great ease, frame an incontrovertible defense. But as I have trespassed so long on the time of theHouse, I shall (lot weaken the effect of that forcible ex- culpation, so generously and disinterestedly ad- vanced by the right honorable gentleman who so meritoriously presides at the Admiralty. If my whole administration is to be scrutinized and arraigiied, why are the most' favorable parts to be omitted ? If facts are to be accumulated on one side; why not on the other? And why 9 Here Walpole dexterously avoids the main point of the difficulty. In 1717, it was provided by law that all the suc{)lus jncome of the government should be converted into what was called the Sinking Fund, which was to be used for paying off the pub. lie debt. This prjoc^ple ^as strictly adhered to down to 17?9, when more than a million of this fund was used for current expenses, instead of laying t'a^^es to meet thehi. The same thing Was done in six pther instances, under Walpole's administra- tion. Now it is true, as Walpole says, that by thus applying the fund, he lessened the land tax. Still, it was a perversion of the fond from its original de- sign; and if the taxes had beeuruhifbrmly laid for all current expenses, and thp fund been faithfully applied to its original purpose, the debt (sm^l as it then was) might perhaps have wholly been extin- guished., Ai SIR ROBERT WALPOLE ON ADDRESSI?IG THE KING, ETC. may not I be permitted to speak in my' own fa- vor ? Was I not called by tbe voice of the King and the nation to remedy the fatal effects of the South Sea project, and to support declining cred- it J Was I not placed at thfe head of the treas- ury when the revenues Were in the greatest con- fusion ? Is credit revived, and does it now flour- ish 3 Is it not at an incredible height, and if so, to whom must that circumstance be attributed ? Has not tranquillity been preserved both at home and abroad, notwithstanding a most un- reasona,ble and violent opposition ? Has the trug interest of the nation been pursued, or has trade flourished? Have gentlemen produced one in- stance of this exorbitant power ; of the influence which I extend to all pai'ts of the nation ; of the tyranny with which I oppress those who oppose, and the liberality , witji which I reward those who support me ? But having, first invested ine with a kind of mock dignity, and styled me a prime ininister, they impute to me an unpardon-' able abuse of that chimerical authority which they only have created and conferred. ; If they are really persuaded tjiat the army is annually established-by me, that I have the soje disposal of posts and honors, tha;t I employ this power in the destruction of liberty and the diminution of commerce, let me awaken tliem from their de- lusion. Let me expos? to their view the real condition of the public weal. Let me show them that the Crown has made no encroachments, that all supplies have been granted by Parliament, that all questions have been debated with the same freedom as before the fatal.period in which my counsels are said to have gained the ascend- ency ; an ascendency from which they deduce the loss of trade, the approach of slavery, the preponderance of prerogative, and the extension of Influence. But I am far from believing that they feel those apprehensions which they so earn- estly labor to communicate to others ; and I have too high an opinion of their sagacity not to conclude that, even in their own judginpnt, they are coniplaining of grievances tha); they do not suffer, and prbntpting rather thei): private inter- est than that of the public; What is this unbounded sole power which is . imputed to me? How has it discovered itself, or how has it been proved ? ' , What have been the effects of the obiruption, ambition, and avarice with which I am so abund- antly charged ? Have I ever been suspected of being corrupt^ ed? A strange phenomenoo, a oorrupter-him- setf not corrupt !, Is ambition imputed i° me ? Why then do I still continue a. commoner? I, who refused a white staff and a peerage, I had, indeed, like to have forgotten the little ornament about my shoulders [the garter], which gentle-, liien have so repeatedly mentioned in terras of sarcastic obloquy. But. surely, though this may be regarded with envy or indignation in ahother place, it can hot be sujjposed to raise any resent- ment in this House!, where many may be pleased to see those honors which their ancestors have worn, restored again to the Commons. Have I given any symptoms of an avaricious disposition ? Have I obtained any grants from the Crbwn, since I have been placed at the head of the trcsisury ? Has my conduct been differ- ent from that which others in the same station would have followed ? Have I acted wrong in giving the place of auditor to my son; and i» providing for my own family ? I trust that their advancement will not be imputed to me as a crirtie, unless it shall be proved that I placed them in offices of trust and responsibility for which they were unfit. But while I unequivocally deny that I am solo and prime minister, and that to my influence and direction all, the measures of the government must" 1)6 attributed, yet I will not shrink from the ^responsibility which attaches to the post I have the honor to hold ; and should,' during the long period in which I have sat upon this bench, any one step taken by gavernment be proved to be either disgraceful or disadvantageous to the nation, I am ready to hold myself eiccountable. To conclude, sir, though I shall always be proud of the honor of any trust or confidence from his Majesty, yet I shall always be ready to remove from his councils and presence when he thinks fit ; and therefore I should think myself very little concerned in the event of the present question, if it were not for the encroachment that will thereby be made upon the prerogatives of the Crown. But I must think that an address to his Majesty, to. remove one of his servants, with- out so much as alleging any particular, crime against him, is one of the greatest encroachments that was ever made upon the prerogatives of the Crown. And therefore, for the sake of my mas- ter, without any regard for my own, I hope all those that ha,ve a due regard for our constitution) and for the rights and prerogatives of the down, without which our constitution can not be pre- served, will be against this motion. This speech had a great efleot. The motion for an address was negatived by a large majority. But the advantage thus gained was only tem- porary. A spirit of disaffection had spread throughout the kingdom; and the next elec- tions, which took place a fe^ months after, showed that the power and influence of Walpole were on the decline. Still he clung to office with a, more desperate grasp than ev?r. He used some of the most extraordinary expedients ever adopted by a minister, to divide the Oppo- sition and retain his power. He even opened a negotiation with the Pretender at Rome, to ob- tain the support of the Jacobites. But his ef- forts were in vain. He lost his majority in the House ; he was compelled to inform the King that he Could no longer administer the govern- ment; he was created Earl of Orford with a pension of =£4000 a year, and resigned all his offices on the 11th of February, 1742. : ME. PULTENEY. William Pultjeney, first Earl qf Bath, was born in 1682. H% was elected a memte)? of Parliament in early life, and applied himself to the diligent study of the temper of the House, and the best mode of speaking in so mixed and discordant an assembly. He made no attempts to ^azzle by any elaborate display of elo- quence ; for it was his maxim, that "there are few real orators who commence with set speeches." His powers were slowly developed. He took part in almost every important debate, more (at first) for his own improvement than with any expeotatioij of niaterially changing the vote. He thus gradually rose into one of the most dexterous ahd efiective speakers of the British Senate. , ' His speeches, unfortunately, have been worse reported, iri respect to the peculiar characteristics of his eloquence, than those of any of his contemporarjies. The fol- lowing one, however, though shorter than might be wished, is undoubtedly a fair specimen of the bold, direct, and confident, though not overbdaring manner, in which he ordinarily ,addressed himself to the judgment and feelings of the House. The langu&ge is uncommonly easy, pointed, and vigorous. The sentences flow lightly off in a clear and varied sequence, without the slightest appearance of stateliness or mannerism. It is the exact style for that conversational mode of discussion which is best adapted to the purposes of debate. Walpole, when displaced by the exertions of Pulteney in 1742, had the satisfaction of dragging down his adversary along with him. He saw that the- Opposition must go to pieces the moment they were left to themselves ; that a -new administration could never be framed out of such discordant materials; and that whoever should undertake it would be ruined in the attempt. He therefore induced the King to lay that duty upon Pulterley. The result was just what he expected. The- King insisted on retaining a large proportion of Walpole's friends. '^Comparatively few offices re- mained for others, and both ■Whig's and Tories were disappointed and enraged. Pulte- ney shrunk from taking office himself, under these circumstances. He professed great disinterestedness ; he had no desire for power ; he would merely accept a peerage, which aU parties regarded as the reward of his perfidy. He was created Earl of Bath ; and the name of Patriot, as Horace Walpole tells us, became a term of derision and contempt throughout all the kingdom. When the newly-created earls met for the first time in the House of Lords, Walpole walked up to Pulteney, and said to him, with a mixture of pleasantry and bitterness, for which he was always distinguished, " Here we are, my Lord, the two most insigilificant fellows in England." ' Piilteney died on the 8th of June, 1764. SPEECH OS MR. PULTENEY ON A MOTION TOR REDUCING THE- ARMY, DELIVERED IN THE BOUSB OF COMMONS. SiK, — We have heard a great deal about Par- liamentary armies, and about an army continued from year to year. I have alvfays been, sir, And alyrays shall be, against a standing army of an* kind. To me it is a terrible thing, whether un- der that of Parliamentary or any other designa- tion. A standing army is still a standing army, ■whatever name ifrbe called by. They are a body of men distinct from the body of the people j they are governed by different laws; and blind obe- dience, and an entire submission to the orders of their commanding officer, is their only principle. 44 MR. PULTENEY ON REDUCING THE ARMY. [1731. The nations around us, sir; are already enslaved, and have been enslaved ny these very means : by means of their standing armies they have ev- ery one lost their liberties. It is indeed impos- sible that the liberties of the people can be pre- served in any country where a numerous stand- ing array is kept up. Shall we, then, take any of our measures from the examples of our neigh- bors ? No, sh?, on the oontrai;y, from their mis- fortunes we ought to learn to ajfoid' those rocks upon which they have split. , ( It signifies nothing to tell me, that our army is commanded iy such gentlemen as can not be supposed to join in any measures for enslaving their country. It may be so.. I hope it is so! I have a very good opinion of, many gentlemen now in the army. I believe they would not join in any such measures.' But their lives are un^ certain, nor can we be sure' how long they may be continued in command ; they may be alL dis- missed in a rnoment, and proper fools of power put in their room. BesideSj sir, we know the passions of men ; we know how dangerous it is to trust the best of men with too much power. Where was there a braver army than that under Julius Cesar? Wke^ was there ever an arnly that had served their country more faithfully ? That army wets dommanded generally by the best citizens of Rome^by men of greait fortune and figure in their country ; yet that army en- slaved their country. The affections of the sol- diers toward their country, the honor and integ- rity of the under officers, are not to be depended on. By the military law, the administration of justice is so quick^ and the punishments so se- vere, that neither officer nor soldier dares offer to dispute the orders^of his supreme commander ; he must not consult his own inolinatibns. If an oflicer were commanded to pull his own father out of this House, he must do it ; he dares not disobey, immediate death would be the sure consequence of the least grumbling. And if an officer were sent into the Court of Requests, ac- companied by a body of musketeers with screw- ed bayonets, and with Orders to tell us what we ought to do, and liow lye were to vote, 1 know what would be the duty of this House ; I know it would be our duty to' order the officer to be taken and hanged up at the door of the lobby. But, sir, I doubt much if such a spirit could be found in the House, or in any House of Com- mons that will ever be in England. Sir, I talk not of imaginary things. I talk of what has happened to an English House of Com- mons, and from an English army ; and not only from an English army, but an army that was raised by that very House of Commons, an army that was paid by them, and an army that was commanded by generals appointed by them. Therefore do not let us vainly imagine that an array raised a^d maintained by authority of Par- liament will always be submissive to them. If an army be so numerous as to have it in their power to overawe the Parliament, they will he submissive as long as the Parliament does noth- ing to disobfige their favorite general ; but when that case happens, I am afraid that, -in place of Pairliament's dismissing the army, the army will dismiss the Parliament, as they have done here- tofore. Nor does the legality or illegality of that Parliament, or of that army, alter the case. For with respect to that array, and according to their way of thinking, the Parliament disrnissed by theni Was a legal Parliarpent ; they Were an army raised and maintained according to lawj and at first they were raised, ais thay imagined, for the preservation of those liberties which they afterward destroyed. ' . It has been urged, sir, that whoever is for the Protestant succession must be for continuing the army : for that very reason, sir, I airf against continuing the army. I inow^that neither the Protestant succession in his Majesty's most illus- trious house, nor any succession, can ever be safe so long as there is a standing army in the coun- try.' Armies, sir,- have no regard to hereditary successions. The first two Cesars at Rome did prptty well, and found means tO keep their armies in tolerable subjection, because the generals and officers were all their own creatures. But how did it fare with their successors ? Was not ev- ery one of them named by the array, without any regard to hereditary right, or to any right? A cobbler, a gardener, or any raan who hap- pened to raise himself in the army, and could gain their afi°ections, was made Emperor of the world. Was. not every succeeding Emperor raised to the thronfe, or tumbled headlong into the dust, according to the mere whim oi: mad phrensy of the soldiers ? We are told- this army is desired to be contin- ued but for one year longer, or for a limited term of years. How absurd is this distinction ! Is there any army in the world continued for any term of years ? Does the most absolute mon- arch 4ell his army, that he is to continue them any number of yiiars, or any number, of months? How long have we already continued our array from year to year? And if it thus continues, wherein will it diflfer from the standing armies of those countries which have already submitted their necks to the yoke ? We are now come to the Rubicon. Our ai'my is now to be reduced, or never will. From his Majesty's own mouth we are assured of a profound tranquillity abroad, and we know th^re is one at home. If this is not a proper time, if these circumstances do not afford us a safeopportunjtj' for reducing at least a part of our regular forces, we never can exr peot to see any reduction. This nation, already overburdened With debts and taxes, must be load- ed with the heavy charge of perpetually support- ing a numerous standing army; and remain for- ever exposed to the danger of having its liberties and privileges trampled upon by any future king or ministry, who shall take in- their ,liead to, do so, and shall take a proper care to model the army for that purpose. The bill for continuing the array oh the same footing was passed by a large majority. LORD CHESTERFIELD. Philip Dormer Stanhope, fourth Earl of Chesterfield, was born in 1694. He was equally distinguished for his love of polite literature, the grace of his manners, the pungency t)f his wit, and the elegance of his literarjr productions. In later times he has been most known by his Letters to his Son. These, ^though admirable models of the epistolary style, ar^ disfigured by a profligacy of sentiment which has cast a just odium on his character ; while the strfess they lay'upon mere accomplish- ments has created a very natural suspicioli, among those who have seen him only in that correspondence, as to the strength and soundiless of his judgment. He was un- questionably, however, a man of great acuteness and force of ihtellect.' As an ora- tor,' Horace Walpole gave him the preference over all the speakers of his day. This may have arisen, in part, from the peculiar dexterity with which he could play with a subject that he. did not choose to discuss — a kind of t3,lent which Walpole would be very apt to appreciate. It often happens that weak and foolish measures can be exposed more effectually by wit than by reasoning. In this kind ■ of attack Lord Chesterfield had uncommon power. His fancy supplied him with a wide range of materials, which he brought forward with great ingenuity, presenting a succession of unexpected oombinaiions, that flashed upon the mind -with all the liveliness and forCe^of the keenest wit or the most poigtiant satire. The speech which follows is a specimen of his talent for this kind of speaking. '' It will be read with avidity by those who relish the sprightly sallies of gefnius, or who are emulous of a style of el- oquence which, though it may not always convince, will never fail to delight." The speech relates to a bill for granting licenses to gin-shops, by which the min- istry hoped to realize a very large annual jncpme. This income they proposed to employ in carrying on the German war of George II., which arose out of his exclu- sive care for his Electorate of Hanover, and was generally ddious throughout Great Britain. - Lord Chesterfield made two speeches on this subject, vi'hich are here given togethei;, with the omission of a few unimportant paragraphs. It has been hastily inferred, from a conversation reported by Boswell, that these speeches, as here given, were written by Johnson. Subsequent inquiry, however, seems to provis that this was not the fact ; but, on the contrary, that Lord Chesterfield prepared them for publidation himself. Lord Chesterfield filled, many offices of the highest importatice under the reign of George II. In 1728 he was appointed embassador to Holland ; and, by his adroit- ness and diplpmatio skill, succeededin delivering Hanover from the calamities of war which hung over it. As a reward for his services,.he was made Knight of the Garter and Lord Steward of the Royal Household. ■ At a later period he was ap- pointed Lord Lieutenant of Ireland. This difficult oflice Jie discharged with great dexterity and self-command, holding in check the various factions of that country with consummate skilL On his return to England in 1746, he was called to the office of Secretary of^tate ; but, having become wearied of public employmeiitsi he soon resigned, and devoted the reihainder of his life to the pursuits ofhterature aiid the society of his friends. He now carried on the publication of a series of papers in imitation of the Spectator, entitled the World, in which some of the bes;t- specimens may be found of his Hght, animated, and easy style of writing. Toward the close of his hfe he became deaf, and suffered from numerous bodily infirmities, which filled his latter days with gloorn and despondency. He bore the most emphatic testimony to the folly and disappointment of the course he had led, and died in 1773, at the age of severity-nine. SPEECH OF LORD CHESTERFIELD ON THE GIN ACT, DELIVERED IN THE HOUSE OF LORDS, FEBRUARY 21, 1743. The bill now under oar consideratjoiv appears to me to d'eserve a much closer regard than seems to have been paid to it in the other House,- through which it was hurried with the utmost precipitation, and *here it passed almost with- out the formality of ,a debate. Nor can I think that earnestness with which some lords seem in- clined to press it forward here, consistent w^ith the importance of the consequences which may with great reason be expected from it. To desire, my Lords, that this bill may be con- sidered an a committee, is only to desire tha^; it may gain one step without opposition ; . tlvat it may proceed through the forms of the House by stealth, and that the consideration of it may be delayed, till the exigences of the government shall be so great as not to allow. time for^raising the supplies by any Other method. By this artifice, gross as it ijs, the patrons of this wonderful bill hope Jo obstruct a plaih and ■open detection of its tendency. They hope, .my Lords, that the bill shall operate in the same manner with the liquor which it is intended to bring into more general use ; and that, as those who drink spirits are drunk before they are well aware that they are drinking, the effects pf this law shall be perceived before we know that we have made it. Their intent is, to give us a dram of policy, which is to be swallowed befpre it is tasted, and which, when once it is swallow- ed, will turn our ^eads. , But, my Lords, I hope we shall be so cautious as to examine the draught which these state em- pirics have thought proper to offer us ; and I am confident that a very little, examination will con- vince us of the pernicious qualities of their new preparation, and show that it can have no other effect than that of poisoning the public. The law before us, my Lords, seems tp be the effect of that practice of which it is intepded likewise tp be the cause, and to be diotated'by the liquor of which it so effectually promotes the use ; for surely it never before was conceiv- ed, by any man intrusted wiljH the administra- tion of public affairs, to raise taxes by the de- struction of the people. ' Nothing, my Lordsj but the destruction of all the most laborious and useful part of the nation can be expected from the license which is now proposed to be givfen, not only to drunkenness, but to drunkenness of the most detestable and " dangerous kind ; to the abusie not only oif ijitox- icating, but of, poisonous liquors. Nothing, my Lords, is more absurd, than to assert that the use of spirits will be hindered by the bill now before us, or indeed that it will not be in a very great degree prompted, by it. For what produces all kind of wickedness but the prospect of impunity on one part, or the so- licitation of opportunity on thfe other 1 Either of these have too frequently been sufficient to overpower the sense of morality, and even . df religion ; and what is not to be feared from them, when th^y shall unite thfeir force, and operate together, when temptations shall be increased, and. tertor- talken avyay ? - It is allowed,- by those who have hitherto dis- puted on either side of this question, that the people appear obstinately enamored of this new liquor. It is allowed on both parts tTiat this liquor corrupts the mind arid enervates the bodyj and destroys vi^or and virtue, at the same time that it makes those who drink it too idle and fee- ble for work ; and, while it impoverishes them by the present expense, disables them from re- trieving its ill consequences by, subsequent indus- try. , ,/^. It Blight, be imagined, my Lords, that those vho had thus far agreed would nbt'easily find any occasions of dispute. Nor would any man, unacquainted with the nlotives by which parlia- mentary debates are too often iilflueneed, sus- pect that after the pernicious qualities of this liqupr, and the general inclination among' the people to the immoderate use of it, had been thus fully/admitted, it could be afterward Ib- quired whether it ought to be made more com- mon; whether this universal thirst for poison ought to be encouraged by the Legislature, and whether a new statute ought to be made, to se- cure drunkards in the gratification of their appe- tites. To pretend^ my Lords, that the design of this bill is to prevent or diminish- thp' uJe of spirits, is to tramfde upon common sense, and to violate the rules of decency as well as of reason. For when did any man hear that a commodity was prohibited by licensing its sale, or that to offer and refuse is the same action ? It is indeed pleaded that it will be made dearer by the tax which is proposed, and that the inoreiise of the price will diminish the mira- Iier of the purchasers ; but it is at the same time expected that this tax shall supply the expense of a war on the Continent. It is asserted, there- fore, that the consumption of spirits will be hin- dered ; and yet that it will be such as may be ex- pected to furnish, fronl a very small tax, a rev; enue sufficient for the support of arraiesj for the re-establishment of the Atistrian family, and the repressing of the attempts of France. ■ Surely, my Lords, these expectations are not 1743.] LORD CHESTERFIELD AGAINST LICENSING GIN-SHOPS. 47 very coasistent j nor can it be inlagiueil tliat they are both formed in the same head, though they, may bs expressed by the 'same month. It is, however, some recommendation of a statesman, when, of his assertions, one can be found reason- able or true 5 and in this, praise can not be de- nied to our present ministers. For thoiigh it is undoubtedly false that this tax will lessen the consumption of spirits, it is certainly true that it will produce a very large revenue — a revenue that will not fail but with the people from whose debaucheries it arises. ' Our ministers will therefore have the same honor wilhtheir predecessors, of having given rise to a new fund ; not indeed for the payment of our debts, but for much more valuable pur- poses ; for tbe cheering of our hearts under op- pression, and for the ready support of those debts which we have lost all hopes of paying. ■ ' They are resolved, my Lords, that the nation which no endeavors can make wise, sh£(ll, while they are at its iead, at least be very merry j and, since pub- lic happiness is the end of government, they seem to imagine that they shall deserve applause by an expedient which will enable every man to lay his Cares asleep, to drown sorrow, and lose in the-delights of drunkenness both the public inis- eries and his own. Luxury, my Lords, is to be taxed, but vice prohibitedi let the difficulties in executing the law be what they will. Would you lay a tax on the breach of the ten commandments ? Would not such a tax be wicked' and scandalous ; be- cause it would imply an indulgence to all those who could pay the tax ? IS not this a reproach most justly thrown by Protestants upon thd Church of Rome ? Was Jt not the chief cause of the Ref- ormation ? And will you follow a precedent which brought -reproaob and ruin upon those thqt introduced it ? This is the very case now before us. You are going to lay a tax, and consequent- ly to indulge a sort of drunkenness, wliich alniost necessarily produces a breach of every one, of the ten commandments ? Can you expect the rev- erend bench will approve of this ? I art con- vinced they will not ; and therefore I wish I had sfeen it full upon this occ&sion. I am sure I have seen it much fuller upon other occasions, in Which religion had no siioh deep concern. We have already, my -Lords, several sorts of funds in this nation, so many that a man must have a good deal of learning to be master of them. Thanks to his Majesty, we have now among us the most learned man of the nation in this way. I wish he would rise up and tell us what name we are to give this new fund. We have already the Civil List Fund, the Sinking Fund, the Aggre- gate Fund, the South Sea Fund, and God knows how many others. What name we are to give this new fund I know not, unless we are to call it-the Driiiking Fund. It may perhaps enable the people of a certain foreign territory [Hano- ver] to drink elaret, but it will disable the peo- ple of this kingdom from drinking any thing else but gin ; for when a man has, by gin drinking', rendered himself unfit for labor or business, hp can purchase fnothing else ; and then the best thing he can do is to drink on till he dies. Surely, my Lords, men of such unbounded be- nevolence as our present mihisters deserve such honors as were never paid before : .they deserve to bestride a butt upon every Sign-post in the city, or to halve their figures exhibited as tokens where this liquor is to be sold by the license vvhich they have procured. They must be at least remembered to future ages as the " happy politicians" who, after all expedients for raising taxes had been employed, discovered a new meth- od of draining the last relics qi the public wealth, and added a new revenue to the. government. Nor will those who shall hereafter enumerate the several funds now established among us, for- get, among the benefactors to their country, the illustrious authors of the Drinking Fund . ■;- May I be allowed, my Lords, to congratulate- my countrymen and fellow-subjects, upon the happy times which are Ww_ apprbaching, in which no man will be disqu^ified from the priv- ilege of being drunk ; when, all discontent and disloyalty shall be forgotten, and the- people, though now considered by the ministry as ene- mies, shall acknowledge the leniency of that government under which all restraints are taken away ? ^ But, to a bill for" such desirable purposes, It would be proper, my'Lords, to prefix a pream- ble,, in which the kindness of our intentions should be more fully, ex-plained, that the nation may not mistake our indulgence for cruelty, nor consider their benefactors as their persecutors. If, therefore, this bill be considered and aomend- ed (for why else jshould it be considered ?) in a conimittee, I shall humbly propose that it shall be introduced in this minner : " Whereas, the designs of the present ministry, whatever they are, can not be executed without a great num- ier" of mercenaries, which mercenaries can not be hired without money ; and whereas the pres- ent disposition of this nation to drunkenness in- clines us to believe that they will pay more cheerfully for the undisturbed enjoyment of dis- tilled liquors than for any other concession that can be made by the government; be it, enacted, by the' King's most excellent Majesty, that no man shall hereafter be denied the right of l^in'g drunk oft the following conditions." This, my Lords, to trifle no longerj is the' proper preamlfle to this bill, which contains only the conditions on which the people of this king- dom are td be allowed henceforward to riot in debauchery, in debauchery licensed by law and 'countenanced by the magistrates. For there is no doubt but those on whom the inventors of thjs tax shall cdnfer authority, will be directed to assist their masters in their design to encour- age the consumption of^that liquor, from which such large revenues are expected, and to multi. ply without en4 those licenses whieh are to pay a yearly tribute to the Crown. By this unbounded license, My Lords, that price will be, lessened, from the increase of which the exoectationS of the efficacy of this 48 LORD CHESTERFIELD AGAINST [1743. law are pretended ; for the number of retailers ■will lessen the value, as in all other oases, and lessen it more than this tax will increase it. Besides, it is to be considered, that at present the retailer expects to be paid for the danger which he, incurs by an unlawful trade, and will not trust his reputation or his purse to ,the mer- cy jpf his customer without a profit proportioned to the hazard ;' but, when oijce the restraint shall be taken away, he •will- sell for common gain^ and it can hardly be iniagined that, at present, he subjects himself to informations and penalties for less than sixpence a gallon. The spe,oious- pretense on which this bill is. founded, and, indeed^ the only pretense that de-. serves to be termed specious, is the propriety of taxing vice ; but this maxim of government has, on this Occasion, been Either mistaken or per- verted, yice, my Lords, is not properly to be taxed; but suppressed ; and heavy taxes are sometimes the 7 only meaps by Vhichthat sup- pression can be attained. Luxury, my Lords, or the excess of that which is pernicious only by its.eiccess,'may very properly be taxed, that such excess, though not striotlj^ unlawful, may be made more difficult. But the use of those things which are, sitnply hurtful, hurtful in their own nature, anil in every degree, is 16 be prohibited. None^ my Lords; ever heard, in any nation, of a tax upon theft or adultery,' because a tax im- plies a license grahtedfor the. use of that which is taxed to ajl who shall be willing to pay it. TP ■TP TP ^ tF During the course of this long debate, I have endeavored to recapitulate and digest the argu- ments which have been advanced, arid have oonr sidered them both separately and conjointly ; but find myself at the same distance from con- viction as when I first entered the House. In vindication of this bill, ray Lords, we have been ,told that the present law is ineffectual ; that our manufacture is Dot to be destrojred, or not this year; that the security offered by the present bill has induced great numbers to sub- scribe to the new fund; that it has been ap- proved by the Commons; and that, if it >he found ineffecttial, it n^ay be amended another session. , ' All these arguments; my Lords, I shall en- deavor to examine, because' I am always desir- ous of gratifying those great men to whom the administration of affairs is intrusted, and have always very cautiously avoided the odium of dis- affection, wtioh they will undotibte'dly throw; in imitation of their predecessors, upon all those whose waywaird' (Consciences shall oblige them to hinder the execution of their schfemes. With a very strteg (desire, therefore, though with no greatlrppes, of finding them in the right, I venture to begin my inquiry, and engage in the examination of their first assertion," that the freserit law against the ahuse of strong liquors is without effect. ,1 ' i hppe, my Lords, it portends well to my in- . quiry that the first position which I have to ex- amine is true ; nor can I forbear to congratulate your Lordships upon havmg heard from the new ministry one assertion not to be contradicted. It is evident, rpy Lords, froiii daily observa- tion,- and demonstrable from the papers upon the table, that every year, since the enacting of the last la!w, that vice has increased whioh it was intended to repress, and that no time has been so favorable t0 the retailers of spirits as that which has passed since they w^re prohibited. It may therefore be expected, my Lords, that having agreed Vitji the ministers in their fundsu mental proposition, I shall ocmcur with them in the consequence which they draw from it ; and having allowed that the present law is iheffect- ual,' should admit that another is necessary. ' But, my Lords, in order to discover whethe* this consequence be necessary, it must first be inquired why the 'present law is of no force. For, my Lords," it will be found, upon reflection, that there are certain degrees of corruption that may hinder the effect of the best laws. The magistrates- may be vicious, and fqrbear to en- force that law by which themselves are odn- demfied ; they may be indolent, and inclined rith- er to connive at wickedness, by which they are not injured themselves, than to repress it by a laborious exertion of their authority ; or they may be timorous, and, instead of awing the vi- cioiis, may be awed by therti. . . In any of these cases, my Lords, the lafw is noi. to be condemned for its inefficacy, since it only fails bj- the defect of those who are to direct its operations. ' The best and most important laws will contribute very little to the security or hap- piness of a people, if no judges of integrity and spirit can be found among them. Even the most beneficial and' useful bill that ministers can pos- sibly imagine, a bill for laying on our estates a tax of the fifth part of their yearly, value,~wouId be wholly without effect if collectors could not be obtained. , I arti therefore, my Lords, yet doubtful whefh- er the inefficacy of the- law now subsisting nec- essarily obliges us to provide another ; for those that declared it to be useless/ owned, at the same titiie, that no man endeavored to enforce it, so that perhaps its only defect may be that it will not execute itself. Nor, though I should allow that the law is at present impeded by difficulties which can not be , broken through, but by men of, more spirit and dignity than the ministers may be inclined to trust with commissions of the peace, yet it can only be collected that another law is necessary, not that the law now proposed will be of any Great use has been made of the inefiicacy of the present law to decry the proposal made by thp noble Lord [a member of the 'Opposition] for laying a high duty upon these {iernicious liquors. High duties ha,ve alheady, as we are informed, been tried without advantage. High duties are at this hour imposed upon those spirits wbich are retailed, yet we see them every day sold in the streets without the payment of the tax re- quired, and therefore it wiU be folly to make a 1743.] LICENSING GIN-SHOPS. 49 second essay of means, which h»vB been found, by the essay of many years, unsuccessful. It has been granted on all sides in this debate, nor was it ever denied on any other occasion, that the consumption of any commodity is most easily hindered by raising its price, atid its price is to be ra^ised by the imposition of a duty. This, my Lords, which is, I suppose, the opinion of every man, of whatever degree of experience or understatiding, appears likewise to have been thought of by the authors of the present law; and therefore they imagined that they had effect- ually provided against the increase of drunken- ness, by laying upon that liquor which shoujd be retailed in small quantities, a duty which none of the infeirior classes of drunkards would be able to pay. Thus, my Lords, they conceived that they had reformed the common people without infringing the pleasilres of others ; and applauded the hap- py contrivance by which spirits were to be made dear only to the ppor, while every man who could afford to purchase two gallons was at lib- erty l:o riot at his ease, and, over a full flowing bumper, look down with contempt upon his for- mer companions, now riithlessl/ condemned to disconsolate sobriety. - ' ~ But, ray Lords, this intention was frustrated, and the project, ingenious as it was, iell to the ground ; for, though they had laid a tax, they unhappily forgot this tax would make no addi- tion to the priqe unless it was paid, and that it would not be paid unless some were empowered to collect it. Here, my Lords, was the difficulty : those who made the law were inclined to lay a tax from which themselves should be exempt, and there- fore would not charge the liquor as it issued from the still ; and when once it was dispersed in the hands of petty dealers, it was no longer to be found without the assistance of infoi'raers, and informers could not carry on the buaness of prosecution without the' consent ofthe people. It is not necessary to dwell any longer upon the law, the repeal of which is proposed, since it appears already that it failed only from a par- tiality not easily defended, and from the omis- sion of what we now propose — th6 collecting the duty from the still-head. If this method be followed, there will be no longer any need of informations or of any rig- orous or new measures; the same officers that collect a smaller duty may levy a greater ; nor 6an they be easily deceived with regard to the quantities that are made ; the deceits, at least, that can be used, are in use already; they are frequently detected and suppressed y ndr will a larger duty enable the distillers to elude the vig- ilance ofthe officers with more success. Against this proposal, therefore, the inefficacy of the present law can be no objection. But it is urged that such duties would destroy the trade of distilling ; and a noble Lord has been pleased to express great tenderness for a manufacture so beneficial and extensive. That a large duty, levied at the still, would D destroy, or very much impair, the trade of dis- tilling, is certainly supposed by those wh6 de- fend ll, for they proposed it only-for that end: and what better method oan they propose, when they are called to deliberate -upon a bill for the prevention of the excessive use of distilled liq- uors ? , The noble Lord has been pleased kindly to in- form us that the trade of distilling is very exten- sive ; that it employs great numbers ; and that they have arrived at an exqilisite skill, and there- fore^note well the consequence — ithe traded distilling is not to be discouraged. Once more, my Lords; allow me to wonder at the different conceptions of different understands ings. It appears to me that since the spirits which the distillers produce are allowed to en- feeble the limbs and vitiate the blood, to pervert the heart and ■ obscure th? intellects, that the number of distillers should l)e no argument^ in their favor ; for I never heard that a law against theft was repealed or delayed because thieves were numerous. It appears to nle, my Lords, that if so formidable a body are confederated against the virtue or the lives of their felloW-bit- izens, it is time to put ah end to the haVbc, and to interpose, while it is yet in our power to stop the destruction. So little, my lords, am I affected with the merit of the wonderful skill which the distillers are said to have attained, that it is, in my opin- ion, no faculty of great use to mankind to pre- pare palatable poison; nor shall I ever qontrib- ute my interest for the reprieve of a murderer, because he has, by long practice, obtained great dexterity in his -trade. If their liqudrs are s6 delicious that the, peo- ple are tempted to their own destruction, let us at length, my Lords, secure them from these fatal draughts, by bursting the vials that con- tain them. Let us crush at once these artists in slaughter, who haye reconciled their country- men to sickness and to ruin, and spread over the pitfalls of debauchery such baits as oan not be resisted. The noble Lord has, indeed, admitted that this bill may not, bcr found sufficiently coercive, but gives us hopes that itrhay be improved and en- forced ^notheV year, and persuades us to endeav- or a reforpation of drunkenness by degrees, and, above all, to beware at; present, of hurting the maiiufacture, I am very far, my Lords,- from thinking that therA are, this year, any peculiar reasons for tol- erating murder; nor can I conceive vfhy the manufacture should be held sacred now, if it be to be destroyed hereafter. We are, indeed, de- sired to try how far this law will operate, that we may be more able to-,proceed- with (Jue re- gard to this valuable inanufaoture. With regard to the operation of the law, it ap- pears to me tha;E^ it will only enrich the govern- ment without reforming . the people ; and I be- lieve there are not many of a difierent opinion. If any diminution of the sale of spirits be expect- ed from it, it is to be considered that this dimi- 60 r.okD CHESTERFIELD AGAINST [1743. nution will, or will not, be such as js desired for the reformation of the p/Bople. If it be sufSoient, the manufacture is at an end, and all the reasons against a higher dluty are of equal force against this 5 but if it is not sufficient, we have, at least, omitted part of our duty, and havs neglected the health and virtue of the people. I can not,.my Lords, yet discover why a re- prie\^e is desired for this inanufaoture — why the present year is.not equally propitious to the ref- ormation of mankind as any will be that may suc- ceed it. It is true we are at war with two na- tions, and perhaps with move; btft war may be better prosecuted without mo;i^ than without men. And we but little consult the military glory of our country if we, raise supplies for paying our armies by the destruction pf those armies that we are opntriying to pay. We have heard ^the Bgcessity of reforming the nation by degrees urged as an argument for im- posing first a, lighter duty, and afterward a heav- ier. This complaisance for wickedhess, my Lards, is not so defensible as that it should be battered by arguments in form, apd therefore I fehajl only relate a reply made by Webb, the nojied walker, upon a parallel -occasion. This man, whp napst be remembered by many of your Lordships, was remarkable for vigor, both -of mijid and bjpdy, and lived- wholly upon water for his drink, and chiefly upon vegetables for his. other sustenance. He was one day rec- ommending his regimen to one of his friends who loved wine, and who perhaps might somewhat contribute to the prosperity of this spirituous manufacture, and urged him, with great earn- estness, to quit a course of luxury by which his health and his intellects would equally be de- stroyed- The gentleman appeared convinced, and told him "that he w6uld conform to his counsel, and thought hp could not change his course of life at once, but wouli} leave off strong liquors by degrees." "By degrees!" says the other, with indignation. " If you should unhap- pily fall into the fir^ would you caution your servants not to pull you out but by degrees ?" This answerj my Lords, is applicable to the present case. The nation is sunk into the low- est state of corruption ; the pefjple are not only vicious, bijt insolent beyond example. They not only break the laws, but defy them ; and yet some of .your, Lordships are for, reforming then* by de- grees 1 I am not so easily .persuaded, my Lords, that our ministers rpally intend to supply the defect that may hereafter be disoov-ered ,in this bill. It will doubtless produce money, perhapjs jnuoh more than they appear to expect from it. I doubt not but tfca licensed retailers wl,ll \a more than fifty thousand, and the quantity rets,iled musit increase with the number of retailers.' As the bill will^ thereforje, answer all the ends in- tended by it, I do not expect to see it altered ; for I have never observed ministers desurous of amending their own errors, unless they are sueb as haVe caused a deficiency in the revenue. Besides ,my Lords, it is not certain that, wien this iimd is mortgaged to the public creditors, they can prevail upon the Commons to change the seomity. They may continue the billin force for the reaspns, whatever they are, for whiph they have paired it; and the good intentions of our ministers, however sincere, may be defeat- ed, and drunkenness, legal drunkenness, estab- lished in the nation. . This, my Lords, i? very reasonable, and there- fore we ought to exert ourselves for the safety of the nation while the power is yet ii) our own hands, and, without regard to the ppinion or gror ceedings qf the other House, show that we are yet the chief guardians of the people. The ready compliance pf the Commons with the measures proposed in this bill has. ieen mea- tioned here, with a vieiw, I suppose, of infliuenor ing us, but surely by those who had forgotten our independence, or resigned their own. It is not only the right, but the duty of either House, to deliberate, withput rega,rd- tp the deteriaina, tion? of the other ; for how should the nation re- ceive any benefit from the disttpot powers that compose the Legislature, unless the determina- tions are without inSuence upon each other ? If either the example or authority pf the CommoBs can divert us from following our own convio- tions, we are no longer pairt of the Legislature ; we have given up our honors and our privileges, and what then is our concurrence but slavery, or our suffrage but £^n echo ? The only argument, thertsfore, that now re, majns, is the expediency pf gratifying those, by whose ready subscription the exigencies our new statesmen have brpught upon us have been sup- ported, and of continuing the security by which they have been encouraged to s(iph hberal con- tributions. Public credit, ray Lorcls, is indeed of very great importainoe ; but puhlio ^credit can never be long supported without public virtue ; nor in- deed, if the government could mortgage the morals and health of the people, would it be just and rational to.ponfirm the bargain. If the min- istry can raise nioney only by the destruction of their fellow-subjects, they ought to abandon those schemes for which the money is necessary! far what calamity can be equal to -unbounded vpickedness ? But, my Lords, there is no necessity for a choice which may cost our ministers sp much re- gret ; for the same subscriptions may be pro- cured by an offer of the same advantages to a fund of a;ny other kind, and the siijking fund will easily supply any deftcienoy that might be sus- pected in another scheme. To confess the truth, I should feel veiy little pajn from an account that the nation was for some time determined to be less liberal of. their pontributions ; and thg,t money was withheld till it was known in what expeditions it was to be employed, to whq,t princes subsidies were to be paid, and what advantages were to be purchased by it for our,country. I should rejoipCj my Lords, to jiear that the lottery, by which the deficiencies of this duty are to be supplied was not filjed, 1743.] LICENSING GIN-SHOPS. 51 aiw} that the people were groTPn at last \^ise enough to discern the fraud and to prefer hon- est oomnier,oe, by which all may be gainers, tq a game by which the greatest numbermust cer- tainly be losers. The lotteries, my Lords, which former minis- ters have proposed, have always been censured by those who saw their nature and their tend- ency. They have been considered as legal cheats, by which the ignorant and the rash are defrauded, and the subtle and avaricious often enriched ; they have been allowed to divert the people from trade, and to alienate them from useful industry. A man who is uneasy in his oireumStanoes and idle in hisdisposition, collects the remains pf his ^rtune and buys tickets in a lottery, retires from business,, indililgies himself ;n laziness, and waits, in some obsc]iire place, the event of his adventure. Another, instead of em- ploying his stock in trade, rents a' garret, and makes it his business, by false intelligence, and ohinaeripal alarms, to raise and sink the price of tickets Mternately, and takes advantage pf the lies which he has himself invented. Such,' my Lords, is the traffic that is produced by this scheme of getting money ; nor were these inconveniences unkhows tp the present ministers in the tims of their predecessors,, whom they never ceased to pursue with the loudest clamors whenever the exigencies of the govern- ment rediiKied them to a lottery. , If I, my Lords, might presume to recommend to our ministers the most probable niethqd 6f raising a large sum for the payilient of the troops ef the Electorate, I should, instesjd of the tax and lottery now proposed, advise them tq pstS,blish a certain member of licensed wbeetbarrows, on which the laudable trade of thimble and button might be carried on for the support of the war, and shoe-boys might Contribute to- the defense of the house of Austria by rafSing for apples. Having now, my Lords, examined, with! the, utmost candor, all the reasons which have been offered in defense of the bill, I can not conceal the result of niy iriqairy. The arguments htive had so little effect upon, my understanding, that, as every man judges (if others by himself, I can not believe that they have any influence eVen upon those that offer them, and therefore I am convinced that this bill must be the result of considerations vvhich have been hitherto conceal- ed, and is intended to promote designs which are never tc be discovered by the authors before their execution. With regard to these motives wJ designs, however artfully concealed, every Lord in this House is at liberty to offer his conjectures. When I consider, my lords, the tendency of this biil, I find it calculated only for the propa- gation of diseases, the suppression of industry, and the destruction of mankind. I .find it the most fatal engine that ever was ppinted at a peo- ple ; an engine by which those who are not kill- ed will be disabled, and those who preserve their limbs will be deprived of their. senses. This bill therefore, appears to be, designed only to thin the ranks of mankind, and to disbur- den the world of thi multitudes that inhabit it : and is perha!ps the strongest proof of political sauaoity tbat our new ministers have yet exhib- ited. They well know, n>y lords, that they are universally detested, and that, whenever a Briton is destroyed, they are freed from an enemy j they have therefore opened the flood-gates of gin upon the nation, that, when it is less numerous, it may be more easily governed. Other ministers, my Lords, who had not at- \tained to so great a knowledge in the E|,rt pf mak- ing war upon {heir country, wheh tjiey foUnd tbeir enemies clamorous and bold, used to awe them with prosecutions and penalties, or defstroy them like burglars; with prisons and with gibbets. Eiut every ^ge, my Lords, prodinces- some ;im- provemen^j and. every i^ti™, however degfsnr erate, gives, birth, k% somei^iappy period of time, to men of great and enterprising genius. ^ It is our fortune to be, wit^s:^s of a new discovery in politics. We may cpngrattilate ourselves upon being contemporaries with those men, who have shown that hangmen and halters aretirinec- essary in a state ; and that ministers nlay escape the reproach ofdestroying their enenjies by in- citing them to destroy tJiei;n^eb[e.s. This new method may, indeed, have upon dif- ferent oonstititions a diflerent operation ; it may destroy the lives of some and the senses of oth- ers ; but either of thesii' effects will. answer the purposes pf the ministry, to whom it is indiffer- ent, provided the nation becomes insensible, whether pestilence or lunacy prevails among them. Either mad or dead the^ greatest part of the people must quickly bej or there is no hope of the continuance of the present ministry. Fpr this purpose, my Lords, what could h,ave been invented mpre efficacious than an establish- ment of a certain number of shops at which poi- son taay be veodeSd — poison so prepared as to please the palate, whije it wastes the Strength, and only kills by intoxieatibn ? From the first instant ihat any of the enerhies of the ministry shall grow . clamorous and turbulent, a ^9 ratty hireling may .lead him to^the ministerial slaugh- ter-house, and ply him with their wonder-work- ing liquor till he is ho longer able to speak or' think ; and, my' Lords, no man can be more agreeable to our ministers than he that can nei^ ther speak nor thjnk, except those who speak without thinking. But, my Lords, the ministers ought to reflect, that though all the people of the present ago are their enemies; yet they have made no tri^l of the temper and inclinations of postej'ity- Our suc- cessors may bis of opinions. very different from ours. They may perhaps approve of wars on the Continent, while our plantations are insulted and oiif trade obstructed ; they may thinlf the support of the house of Austria pf njpre import-, ance^o us, than qur own defense ; and may per- haps so far differ from their fathers, as to imag- ine the treasures of Britain very properly em- ployed in supporting the" troops, and increasing, the splendor, of a foreign Electorate. LORD CHATHAM. The name of Chatham is the repreBentative, iii our language, of whatever is hold and commanding in eloquence. Yet his speeches are so imperfectly reported, that it is not BO much from' them as from the testimony of his contemporaries, that we have gained our conceptions of his transcendent powers as. an orator. We measure his greatness, as we do the height of some inaccessible cliff, by the shadow it casts be- hind. Hence it -vi^ll be-proper to dwell more at large on the events of his politicsd life ; and especially to collect the evidence which has come down to us by tradition, of his astonishing sway over the British Senate. — William' Pitt, iirg; Earl of Chatham, was descended from a family of high re- spectability in Cornwall, and was born at Loi^don, on the 15th of November, 1708. At Eton, wh^re he was placed from boyhood, he was distinguished foj the quick- ness of his parts aiid for his habits of -unwearied application, though liable, much of his time, to severe suffering from a hereditary gout. Heye he acquired that love of the classics which he carried with him tl(roughout life, and which operated' so pow- erfully in forming his character as an orator. He also formed at Eton those habits of easy and animated conversation for which he was celebrated in after life. Cut off by disease from the active sports of the school, he and Lord Lyttleton, who .was a greater invahd than himself,. found their chief enjoyment during the intervals of study, in the lively interchange -of thought. By the keenness of their wit and the brilliancy of their imaginations, they drew off their companions,, Fox, Hanbury Will- iams, Fielding, and otl^ers, from the exercises of the play-ground, to gather around them as eager listeners ; and gained that quickness of thought, that dexterity of reply, that ready self-possession under a sudden turn of argument or the sharpness of retort, which are indispeiisable to success in public debate. Almost every great orator has been distinguished for his conversational powers. At the age of eighteeh,-Mr. Pitt was removed to the University, of Oxford. Here, in connection with his other studies, he entered on thfit severe course of rhetorical training which he often referred to in after life, as forming so large a part of his early discipline. He took up the practice pi writing out translations from the ancient or- ators and historians, on the broadest scale. Demosthenes was h,is model ; and "we arp told tjjat. he rendered a large part of his orations again and again into English, as the best means of acquiring ^ forcible and expressive style. The practice was highly recommended by Cicero, from his own ^xpferience. It aids the young orator fa;r more effectually in catching jhe spirit of his model, than any course of mere read- ing, however fervent or repeated. It is, lik.ewise, the severest test of his command of language. To clothe the thoughts of another in a dress which is at once " close and easy" (an excellent^ though quaint description of a ^good translation) is a task of extreme .difficulty. A^ a means of acquiring copiousness of diction and an exact choice of ,wprd«, Mr. Pitt also read and re-read the sermons of Dr. Barrow, till he knew many of them hy heart. With the same view, he performed a task to which, perhaps, jlo other student in oratory has ever submitted. He went ttdce through the folio Dictionary of Bailey (the best before that of Johnson), examining each word attentively, dwelling on its peculiar, itnport and modes of construction, and thus en- deavoring to bring the whole range of our language compltetely under his control. LORD CHATHAM. 53 At this time, also, lie liegan those exercises in elocution by which he is known to have obtained his extraordinary powers of delivery. Though gifted by nature with a commanding' voic6' and pei'son, he spared no effort to add every thing that art could confer for his improvement as an orator. His success was commensurate with his zeal. Garrick himself was not a greater actor, in that higher sense of the term in which Dernosthenes declared action to be the first, and second, ?.nd third thing in oratory. The labor which he bestowed on these exercises wag surprisingly great. Probably no man of genius since the days of Cicero, has ever submitted to- an equal amount of drudgery. Leaving the University a little befor'e th«f regular time of graduation, Mr. Pitt traveled on the Continent, particularly in France and Italy. [ During this tour, he enriched his mind with a great variety of historical and literary information, mak- ing every thing 'subservient, however, to the one great object of preparing for public life. "He thus acquired," sayb Lord Chesterfield, "a vast amount, of premature and useful knowledge." On his return to England, he applied a large part of his slender patrimony to the purchase of a commission in the army, and became a Oornpt of th^ Blues. This made him dependent on Sir^ Robert Walpole, who was then Prime Minister; but, with his characteristic boldness and disregard of c^siequences, he took his stand, about this time, in the ranks of Opposition. "Walpole!, by his jeal- ousy, had made almost every man of talents in the Whig party hi^s personal enemy. His long continuance in office, against the wishes of the people, was considered a kind of tyranny^; and young men like Pitt, Lyttleton, &c., who came fresh from college, with an ardent love of liberty inspired by the study of the classics, were naturally drawn to the standard of Pulteney, Carteret, and' the other leading " Pat- riots," who declaimed so vehemently against a corrupt and oppressive government. The Prince of Wales, in consequence of a quarrel 'wjAh. his father, had now come out as head- of the Opposition. A rival court was established at Leicester House, within the very precincts of St. Jatnes's Palace, which drew together such an assemblage of wits, scholars, and orators, as had never before- met in the British empire. Jac- obites, Tories, and Patriots were here united. The insidious, intriguing, but highly- gifted Carteret ; the courtly Chesterfield ; the impetuous Argyle ; Pulteney, with a keenness of wit, and a familiarity with the classics which made him as brilliant in conversation as he was powerful in debate ; Sir John Barnard, with his strong sense and penetrating judgment ; Sir William Wyndham, with his dignified sentiments and lofty bearing; and "the all-accomplished Bolingbroke, who conversed in lan- guage as elegant as that he wrote, aiid whose lightest table-talk, if transferred to paper, would, in its style and matter, have bornie the test of the severest criticism" —these, together with the most distinguished literary men of the age, formed the court of Frederick, and bfecame the intimate associates of Mr. Pitt. On a mind so ardent and aspiring, so well prepared to profit by mingling in such society, so gifted with the talent of transferring to itself the kinidred excellence of other minds, the company of such men must have acted with extraordinary power ; and it is probable that all his rhetorical studies had less effect in making him th*e orator that he was, than his intimacy with the great leaders of the Opposition at the court of the Prince of Wales. J ' • Mr. Pitt became a member of Parliament in 1735, at the age of twenty-six. For nearly a year he remained silent, studying the temper of the H^use, and Waiting foi: a favorable opportunity to come forward. jSuch an opportunity was presented by the marriage of the Prince of Wales, in April, 1736; It was an event of the highest interest and joy to the nation ; bi^t sucji was the .King's animosity against his son, that he would not safier the address of congratulation to be moved, as usual, ty the ministers of the Crown. The motion was brought forward by Mr. Pulteney; and it 64 LORD CHATHAM. shows the high estimate put upon Mr. Pitt, that, when he ha^ not , as yet opened his lips in Parliament,, he should be selected to. second the motion, in preference to some of the most atle and, experienced, members of the' House. His speech was received with the highest applause, and shows that Mr. Pitt's imposing manner and fine command of lainguage gave him from, the dirst that spit of fascination for his audience, which Jie seemed always to exert over a popular assembly. The speech, which WiU be found below,' if understciod literally, is only a series of elegant and' high-sounding compliments. If, however, as s6ems plainly the case, there'runs throughout it a deeper meaning ; if the~ glowing panegyric on " the filial virtue" of the Prince, aiid " il^B tender paternal delight" of the King, was intended to reflect on George II; for his harsh treatment of his son— and it can hardly be otherwise — we can not. enough admire the dexterity of Mr. Pitt in so managing his sulgeijt). as to give his compliments all the effect of the Ifeenest irony, while yet he left no pretense for taking notice of .their applioatiton as impifoper or disrespfectful. Certain it is that the whole speech was wormwood and gall to the King. It awakened in his mind, a personal hatred ef Mr. Pitt, which, aggravated as it was by subsequeiit attacks of a more direct nature, excluded him for years from the, service of the Orownj, until he was forced upon a reluctant monarch by the demaiids of the. people. Sir Robert "Walpole, as might be supposed, listened to the, eloquence of his youthful opponent with anxiety and alarm ; and is said to have exclaimed, after hearing the speech, " We must, at all events, muzzle that terrible Cornet of Horse." Whether he attempted to bribe him by offers of promotion in the :army (as was reported at liie time), it is impossible now to say; but finding him, unalterably attached to the Prince and the Opposition, he struck the blow without giving him time te make an- other speech, and deprived him of his commission within less than eighteen days. Such a mode of punishing a pblitical opponent has rai;ely been resorted to, under free governments, in the c^se of military and naval officers. It only rendered the Court more odious, while it created a general sympathy in favor of Mr. Pitt, and turned the attention of the public with new zest and interest to his speeches in Pariiament. Lord Lyttleton, at the same l^nie, addressed him in the following lines, which.were eagerly circulated throughout the country, and set him forth as already leader of the Opposition. ' Long had thy virtues marked thee out for lame, Far, far superior to a Cornet's name ; This generous Walpole saw, and grieved to find , So mean a post disgrace the human inind. The servile standard from the free-bom hand He took, aud bade thee lead the Patriot BandC. As a coitipensatipn to Mr. Pitt for the loss of his commission, the Prince appoint- ed biih Groom of the Bed-chamber at Leicester House. Thus, at the age of twenty-seven, Mr. Pitt was made,, by the force of his genius and the influence of concurrent circumstances, one of the most prominent members of Parliament, and an object of the liveliest interest to the great bodyj especially the middfing classes, of the English nation. These classes were now rising into an im- portance never before known. They regarded Sit Robert Walpole, sustained as he was in power "by the v^ill of the sovereign and the bribery of Parliament, as their natural enemy. Mr. Pitt shared in all their feelings. He was the exponent of their principles. He was, in trtdh, " the Great Commoner." As to many of the meas- ures for which Walpole was hated by the people and opposed by Mr^ Pitt, time has shown that he was in the; right and they in the wrong. It has also shewn, that neajrly all the great leaders of the Opposition, the Pulteneys and the Carterets, were unprincipled men, who played on the generous sympathies of Pitt and Lyttleton, and lashed the prejudices of the nation into rage against the minister, simply to obtain LORD CHATHAM. 55 his place. Still the struggle of the people,, though in many respects a blind one, -was prompted by a genuine iristinct of their nature, and was prophetic of an onward movement; in English society; It was the Commons of England demanding their pkce in the Constitution ; and happy "it was that they had a leader like Mr. Pitt, to represent their principles and animate their exertions. To face at once the Crown ^nd the Peerage demanded not only undaunted resolution, but something of that imperious spirit, that h&ughty self-assertion, which was so often complained of in the greatest of English orators. In him, however, it was nOt merely a sensfe of personal siiperiority, but a consciousness of the cause in which he was engaged. He wds set for the defense of the popular part of the Constitution^ In proceeding to trace briefly the course of Mr. Pitt as a statesman, we shall di' 'Vide his public life into distinct periods, and consider tljem separately with refer- ence to his measures in Parliament. The firM period consists of nearly ten years, down to the close of IT'W. During the whole of this time, he was an aictive member of the Opposition, being engaged for nearly seven, years in unwearied efforts to put down Sir Robert Walpole, and when this was accomplished, in equally strenuous exertions for ,thr6e years longsr, to resist the headlong measures of his successor,' Lord Carteret. This minister had rendered himself odious to the nation by encouraging the narrow -views and sordid policy of the King, in respect to his Continental possessions. G-ebrge II. was born in Hanover, and he always consulted its interests at the expense of Great Britain ; seeking to throw upon thfe national treasury the support of the Hanoverian trdops during his wars on the Continent, and giving the Electorate, in -\^arious -other -ways, a marked preference over the rest of the empire. To these measures, and the min- ister who abetted them, Mr. Pitt opposed himself with all the energy of his fervid argumentation, and the force of his terrible invective. It was on this subject that he first came into collision, December 10th, 1742, with his great antagonist Murray, afterward Lord Mansfield- Mf. Oswald, a distinguished literary man who was pres- ent, thus describes the two combatants : " Murray spoke like a pleader, who could not divest himself of the appearance of having been employed by others. Pitt spoke like a gentlenia.n — like a statesman who felt what he said, and possessed the Strongest desire of conveying that feeling to others, for their own interest and that of their country. Murray gains your attention by the perspicuity of his statement and the elegance of his diction ; Pitt commands your attention, and respect by the nobleness and greatness of his sentiments, the strength and energy of his expressions, and the certainty of his al-ways rising to a greater elevation both of thought and sentiment. For, this talent he possesses, beyond any speaker I ever heard, of never falling from the beginning to the end of his speech, either in thpught or expression. And as in this session he has begun to speak like a man of busfness a^ well as an orator, he will in all probability be, or rather is, allowed to make as great an appearance as ever man4id in that House." Mr. Pitt incessantly carried on the attack upon Carteret, who, strong in the King's favor, was acting against , the wishes of his associates in office. He exclaimed against him as " a sole minister, who had renounced the British nation, and seemed to have drunk of: that potion described in poetic fictions, which made men forget their country." ■ He described the King as "hemmed in by German officers, and one English minister without an English heart-." It was probably about this time that he made his celebrated retort on Sir Williafti Yonge, a man of great abilities but flagitious life, who had interrupted him while speaking by crying out " Gluestion ! duestion !" Turning to the insolent intruder with a look of inexpressible disgust, he exclaimed, " Pardon me, Mr.'Speaker, my agitatioln 1 When that gentleman calls for the question, I think I he^r the knell of my countr-v's ruin." Mr. Pitt sooii 56 LORD CHATHAM. gained a complete ascendency over the House. No man could cope with him ; few ventured even to oppose, him; and Carteret was given up, by all as an object of merited reprobation. Under these circumstances, Mr. Pelham and the' other col- leagues of the minister, opened a negotiation for a union with Mr. Pitt and the dis- missal of Carterfet. ' The terms were easily acrS-nged, and a mernorial was at once prese^ited to the King by Lord Hard^cke, supported by the rest of the ministry, ier mahding the removal of the obnoxious favorite.. The King refused, wavered, tem- porized, and at last yielded. Jlr. Pelh£(.m became Prime Minister in November, 1744, with the understanding that Mr. Pitt should be brought into office at the earli- est moment that the King's prejiidioes wonld perinit. , Dtiring the same year, the Duchess of Marlborough died, leaving Mr. Pitt a legacy- of ^10,000, " on account of his merit in the noble defense of the laws of England, and to prevent the ruin of the country." ' This was a seasona,ble relief to one who never made any account of money, and whose, circumstances, down to this time, were extremely limited. It may as well here be mentionecj., Ijhat about twenty years after, he received a still more ample testimony of the same kind from Sir William Pynsent, who bequeathed ' him an estate of £2500 a year, together, with £30,000 in ready money. We now come to the second peripd of. Mr. Pitt's political life, embracing the ten years of Mr. Pelham'a ministry down to the year 1754'. So strong was the hostility of the,King to his old opponent, that no persuasions could induce him to receive Mr. Pitt into his service. On the contrary) when pressed upon the subject, he took decid- ed measures for getting rid of his new ministers. This led Mr. Pelham and his asso- ciates, who knew their strength, instantly to resigm The King was now powerless. The Earl ofBath (Pulteney), to whom he had committed the formation of a ministry, could get nobody to serve under him ; the retired ministers looked with derision on his fruitless eiTorts ; and some one rernarked sarcastically,/' " that i-t vi'as unsafe to walk the streets at night, for Tear of being pressed for a cabinet counselor.'' The iowg Administration came to an end in justforty-eight hours I The King was com- pelled to go back to Mr. Pelham, and to take Mr. Pitt along with him ; he stipu- lated, however, that the man who was thus forced upon him should not, at least for a time, be brought into immediate contact with his jerson. lie could not en- dure the mortification of meeting with him in private. Mr. Pitt, therefore, received provisionally the situation of Joint Treasurer of Ireland. He now resigned the of- fice of Groom of the Chamber to the Prince of Wales, and entered heartily into the interests of the Pelham ministry.. A contemporary represents him as "swaying the House of Commons, and uniting in himself the dignity of Wyndham, the wit of Pulteney, and the knowledge and judgment of Walpole." He was "right [con- ciliatory] toward the King, kind and respectful to the old corps, and resolute and contemptuous to the~ Tory Opposition." About a year after (May, 1746), on the death of Mr. Winmngton, he was made Paymaster of the Forces, as originally agreed on. In 'entering upon his new office, Mr. Pitt gave a striking exhibition of disinterest- edness, which raised him in the public estimation to{a still higher level as a man, than he had ever attained by his loftiest efforts as an orator, it was then the cus- tom, that £100,000 should constantly he as .an advance in the hands of the Pay- master, who invested the money in public securities, and thus realized about £4000 a year foj his private benefit. This was obviously a very dangerous practice ; for if the funds were suddenly depressed, through a general panic or any great public ca- lamity, the Paymaster might be unable to -realize his investments, and would thus become a public defaulter. This actually happened during the rebellion of 1745, ■when the army, on whose fidelity depended the very existence of the government, was for a time left without pay. Mr. Pitt, therefore, on assuming the duties of Pay- LORD CHATHAM. 57 master, placed all the funds at his control in the Bank of England, satisfied with the moderate compensation attached to his office. He also gave another proof of his elevation ahove" pecuniary motives, by, refusing, a'certain per centage, which had always been attached to his office, on the enormous subsidies then paid to the Glueen of Austria and the King of Sardinia. The latter, when he heard of this refusal, requested Mr. Pitt to accept, as a token of royal favor, what he had rejected as a perquisite' of office. Mr. Pitt still kfuseid. It was this total disregard of the ordinary means of becoming rich, that made Mr. GrattSn say, " his character astonished a corrupt age." Politicians /were indeed puzzled to un- derstand his motives ; for bribery in Parliament and corruption in office had become so universal, and the spirit of public men so sordid, that the cry of the horse-leech was heard in every quarter. Give ! give ! Ambition itself had degenerated into a thirst for gold. Power and preferment were sought chiefly as the means of airiass- ing wealth. Well might George II. say, when he heard of Mr. Pitt's noble digin-- terestedness, " His conduct does honor to human nature I" ^ In joining the Pelha'm ministry,' Mr. Pitt yielded more than mrgh|; have been ex- pected, to the King's wishes in regard to German subsidies and Continental alliances. For this he has been charged with- inconsistency. He -thought, however, that the case was materiallychanged. The war had advance/i so far, that nothing rema,ined but to fight it through, and this could l}e done onlj^by German troops. In addition to this, the Electorate was now in danger ; and though he had resisted Cart^et's measures for aggrandizing Hanoy^r at the expense of Great Britain, he could, with- out any change of principles/ unite with Pelham to prevent her being wrested from the empire by the ambition of France. He saw, too, that the King grew more ob-, stinate as he grew older ; and that if the government was to be, administered at all, it must be by those who were willing to make-some conces|ions to the prejudices, and even to the weakness, of an aged monarch. That he was'influenoed in ?ill this by no ambitious motives^ that his ^esire to stand well with the King had no con- nefction with it, desire to stand highest in the state, it would certainlybe unsafe to affirm. But his love of power had hothing in it tha;t was mercenary or selfish. He did not seek it, hke Newcastle, for patronage, or, like Pulteney and Fbx, for money. He had lofty conceptions of the dignity to which England might be raised as the head of European politics ; he felt himself equal to the achievement t and he panted for an opportunity to enter on a career of service which should realize his brightest visions of his country's glory. With these views, he supported Pelham and endeav- ored to conciliate the Kirig, waiting with a prophetic spirit fo^ the occasion which was soon to arrive. Mr. Pelham died suddenly ih March, 1754 ; and this leads us to the third period of Mr. Pitt's pubUc life, embracing about three years, dovm to 1757. The death of Pelhaip threw every thing into confusion. " Now IshaU have no more peace," said the old King, when he /heard the news. The event verified his predictions. The Duke of Newcastle, brother of Mi:.. Pelham, demanded the office of Prime Min- ister,' and was enabled, by his borough interest and family connections, to enforde his claim'. The " lead" of the House of Commons was now to be disposed of; and there were only three men who had the slightest pretensions to the,prize,'viz,, Pitt, Fox, and Murray, afterwa,rd Lord Mansfield. And yet Newcastle, out of a iliean jealousy of their superior abilities, gave it to Sir Thomas Robinson, who was so poor a speaker, that, " when lie played the' orator," says Lord Wa.ldegrave, " which he frequently attempted, it was so exceedingly ridiculous, that even those who loved ' him could not always preserve a friendly composure of countenance." " Sir Thoilias Robinson lead us ?" said Pitt to Fox ; " the Duke might as well send his jack-boot to lead us I" He was accordingly baited on every side, falling perpetijally into blun- 68 LORD CHATHAM. der8 which provoked- the stem animadversions of Pitt, or the more painful irony of Fox. Eohinson was soon silenced, and Murray was next brought forward. Mr. Pitt did not resign ; hut after this second rejection he felt ahsolVed from all obligations to Newcastle, arid determined to make both him and Murray feel his power. An op- portunity was soon presented, and he carried out his design with a dexterity and effect which awakened universal admiration. At the trial of a contested- election [that of the Dalavals], when the debate had degenerated ifato mere buffooinery, which kppt the members in a contiriual roar, Mr. Pitt came down from thegaliery where he was sitting, says Fox, who was present, and took the House to task for thrir con- duct "in his highest torte." He inquired whether the dignity, of the House stood on such sure foundations,- that they mi^ht venture to shake it thus. He intirnated, that the tendency of things was to degrade the House into a mere French Parlia- ment ; and exhorted the Whigs of all conditions to defend their attacked tod ex- piring liberties, " utiless," said he, " you are to degenerate Into a little assembly, serving no other purpose than to register the arbitrary edicts of ofie too powerful subject" (laying, says Fox, a most remarkable emphasis on the words One and mh- ject). ' The application to Newcastle Was seen and felt by all. " It was the finest speech," adds Fox, " that was ever made ; and it was observed that by his first two sentences, he brought the House to a silence and attention that you might have heard ;a, pin drop. I just riow learnthat the Duke of Newcastle was in the utmost fidget, a!nd that it spoiled his stomach yesterday.^" " According to another who was present, " this thunderbolt, thrown in a sky so long clear, confounded the audience. Murray crouched silent and terrified." Nor without reason, for his turn came next. On the following day, November 27, 1754, Mr. Pitt made two other speeches, ostensi- bly against Jacobitism, but intended for Murray, who had just been raised from the of- fice of Solicitor to that of Attoi^ey General. " In both speeches," says Fox, " every word was Murray, yet so managed that neither he nor any body else could take public notice of it, or in any Way rSprehend him. 1 sat near Murray, who suffered for an hour." It was, perhaps, on this occasion, says Charles Butl'er, in his Remin- iscences, that Pitt used an expfessit^ which was once in every mouth. After llur-' ray had " suffered" for a time, Pitt stopped, threw his eyes around, then fixiiig their whole powet on Murray, eplaimed, " I must now address a few words to Mr. At- torney ; they shall be few, but shall; be daggers." Murray was agitated ; the look was continued ; the agitation increased. " Felix trembles I" exclaimed Pitt, in a tone of thunder; "he shall hear me some other day!" He sat down. Murray iriade no reply ; and a languid debate showed the paralysis of the. House.' ' It is surprising that Charles Butler should insist, in his KerhiniscenceS, that "it was the manner, and hot the wordi, that did the wbnder" in this allusion to Newcastle's overbearing influence vntli the King. Had he forgotten the jealousy of the English people as to their monarch's beingifuled by a favorite ? What changed the attachment of the nation for Geoi-ge HI., a few yeatis afterj into anger and distnjstj but the apprehension thit he was governed by Lord Bute ? And what was better calculate^l to startle the Hoijse of Commons than the idea of sinking, like the once free Par- liaments of f f ahce, ," into a little assembly, serving no other purpose than to register the arbitrary edicts of one too powerful »re%fec< ? ~ ' It i^ not difficult to conjecture what were the " daggers" referred to by Mr. Pitti The Stor- mont family, to which Murray belonged-,, was devotedly attached to the cause of James II.' His brother was confidential secretary to the Pretender during the rebellion of 1745; and when the rebel lords wei-e brought to London for trialia 1746, Lord Lovat, who was one of them, addressed Murray, to his great dismay, in the midst of the trial, " Toui- mothep was very kind to my clan U *« marched through Perth to join thfC Pretender .'" Mnrray had been intimate, while a student in the Temple, with Mr. Vernon, a rich Jacobite citizen ; and it was affirmed that when Vernon and his friends drank tile Pretender's health on their knees (as they often didj, Murray was present and joined in the act. When he entered life, however, he saw that the cause of James was hopeless, and espoused the interests of the reigning family. There w'as no reason to doubt his sincerity! bu' LORD CHATHAM. 59 Newcastle found it impossible to go oh without, adding to his strength in debate. He therefore bought off Fox in April, 1755, by bringing him into the Cabinet, while Pitt was again rejected with insult. To this incongruous union Mr. Pitt alluded, a short time after, in terms which were much admired for the felicity of the image un- der which the allusion was conveyed. Newcastle, it is well known, was feeble and tames while Fpx was headlong and impetuous. > An address, prepared by the min- istry, was complained -of as obscure and incongruous. Mr. Pitt took it up, saying, " There are parts of this address which do not seem to come from the same quarter with the rest. I can not unravel the mystery." Then, as if suddenly recollecting the two men thus brought together at the head of affairs, he exclaimed, clapping his hand to his forehead, " Now it strikes me ! I remember at Lyons to have been carried to see the conflux of the Rhone and the Sawne^-the one a feeble, languid stream, and, though languid, of no great depth ; the other a boisterous and impetuous torrent. But, different as they are, they meet at last ; and long," he added, with the bitterest irony, " long may they continue united, to the comfort of each other, and to the glory, honor, and secMrif^ of this nation I" In less than a week Mr. Pitt -was dismissed from his office as Paymaster. This was the signal for open war- — Pitt against tliei entire ministry. Ample occa- sion for attack was furnished by, the disasters which were continually oefturring in the , public service, and the dangers resulting therefrom — ^the loss of Minorca, the defeat of General Braddock, the capture of dalcutta by Sujah Dowlah, and. the threatened in- vasion by the French. These topics afforded ji^st ground for the terrible ohs^t of Mr. Pitt. " During the whole session of 1755—6," says an eye-witness, " Mr. Pitt found occasion, in every debate, to. confound*- the ministerial orators. His vehetnent invec- tives were awful to Murray, terrible to Hugh Campbell ; and no m'alefactoV under the stripes of the executioner, was ever more helpless and forlorn than Fox, shrewd and able in Parliament^as he confessedly is. Doddihgton sheltered himself in si- lence." With all this vehemence, however, he was never betrayed into any thing coarse or unbecoming the dignity of his character. Horace Walpole, writing to Ge- rard Hamilton, says of his appearance on one of these occasions, " There was more humor, wit,- vivacity, fine language, more boldness, in, short more astonishing perfec- tion than even you, who are used to him, can conceive." And again, " He surpassed himself, as I need not tell you he surpassed Cicero and Demosthenes.\ ^/Vhat a figure would they make, with their formal, labored, babineti orations, by ths side of his ma,nly vivacity and dashing eloquence at one o'clock in the morning, after a sitting of eleven hours !" The effect on the ministerial ranks was soon apparent. Murray was the first to shrhik. . The ablest by far among the supporters of the ministry^much abler, indeed, as a reasoner, than his great opponent, and incomparably more learned in ev- ery thihg pertaining to the science of government, he couldi stand up no longer before the devouring eloquence of Pitt. On the death of Chief-justice Ryder, which took place in November, 1756, he ;instuntly demanded the place. ^Newcastle resisted, en- tre£tted, ofiered, in a,ddition to the profits -of the Attome/ Generalship, a pension of £2000, and, at last, of £6000 a year. It was all in vain. Nothing could-induce Murray to remain longet in the House. He was accordingly made Chief Justice, these early events of his life' gave Mr. Pitt immense advantage over hira in such attacks, juniiis cast them into his teeth sixteen years after. " Your zeal in the cause of an unhappy prince was eTi^ressed. sviih the sincerity of mne and eome of the solemnities of religion." , :, " In quoting from Butler, I have modified hid statement in two or three instances. By a slip of the pen he wrote Festus for Felik, and Solicitor for Attorney. He also makes Pitt say " Judge Festus," •when Mutray' was not made judge until a year later. It is easy to see how the title judge ,might have slipped into the story after Murray was raised to the bench; but Mr. Pitt could never have addressed the same person as judge, and yet as prosecuting officer of the Crown. 60 LORD CHATHAM. and a Peer with the title of Lord Mansfield'; and on the day he took his seat upon the hench, Newcastle resigned as minister. Nothing now remained for the King but to transfer the govemment to Mr; Pitt. It was a humiliating necessity, but the condition of public affairs was dark and threat- ening, an4. no one else could be found of sufficient courage or capacity to undertake the task. Pitt had said to the Duke of Devonshire, " My Lord, I am sure that I can save this country, and that nobody else can." The people beheved him. " The eyes of an 'afflicted and despairing nation," says Glover, who was far from partaking in their enthusiasm, " were now lifted up to a private gentleman of slender fortune, wanting the parade of birth or title, with no influence except marriage with Lord Temple's sister^ and even confined to a narrow circle of, friends aiid acquaintances. Yet, under' these oircum^stances, Mr. Pitt was considered the savior of Engljand." His triumph was the triumph of the popular fart of the Constitution. It was the first in- stance in which the middling classes, the true Commons of Great Britain, were able to break down in Parliament that power which the great families of the aristocraey had so long possessed, of setting aside or sustaining the decisions of thfe Throne. Mr. Pitt's entrance on the duties of Prime Minister in December, 1756, brings us to the fourth period of his political life, which embraces nearly five years, down to bctob6r,'1761. For about four inonths, however; during his first ministry, his hands were in a great measure tied. - . Though supported by the unanimous Voice of the people, the !l^ing regarded him withy personal dislike;; Newcastle and his other oppo; nents were- able to defeat him in Parliament ; and in April, 1757, he received the royal -mandate _to retire. This raised a storm throughout the whole of England. The stocks fell. The Common Council of London met and passed resolutions of the strongest kind, ^he principal towns of the kingdom, Bath, Chester, Norwich, Salis- bury, Worcester, Yarmouth,- Newcastle, and many others, sent Mr. Pitt the freedom of theii: respecitive cities, as a token of their confidence and as a warning to the King. " For some weeks," says Horace Walpple, " it rained gold boxes !" The King, in the mean t^me, speiit nearly three months in the vain attempt to form another adminis- tration. It was now perfectly apparent, that nothing could be done -without conces- sions on both sides. Mr. Pitt therefore conseiited; June 30th, 1757, to tesume his office as Principal Secretary of State and Prime Minister, in conjunction with New- castle as head -of the Treasury, satisfied Ihat he could jhore easily i overrule and direct the Duke as a member of the Cabinet than as leader ;of the Opposition. The result verified his expectations. His second ministry now commenced, that splendid era ■v^hich raised England at onpe, as if by magic, from the brink of ruin and degrada- tion. The genius of one man completely penetrated and informed the mind of a whole people.^ "From the instant he took the »eins, the paniio, which had paralyzed every effort, disappeared. Instead of mourning over former disgrace and dreading future defeats, the nation assumed in a moment the air of confidence, and awaited -with 'im- patience the tidings of victory." In every thing he undertook, "He put so much of his soul into liis act That his example had a magnet's force, And all were prompt to follow whom all loved." To -this wonderful power of throwing his spirit into other minds, Colonel Barte referred at a lat^r period, in one of his speeches in Parliament : " He was possesBed' of the happy talent of transfusing his own zeal into the souls of all those -vyho were to have a share in carrying his' projects intp execution ; and it is a matter well khown to riiany officers now in- the House, that na man ever entered his closet who 3!id not, feel himself, if possible, braver at hisVeturn than when he went in." He knew, also, how to use. fear, as well as affection, for the accomplishpient of his de- signs. " It will be impossible to have so many ships prepared So soon," said Lord LORD CHATHAM. 61 Anson, when a c'ertain expedition was ordered. " If the ships are not ready," said Mr. Pitt, " I will impeach your Lordship in presence of the House." They were ready as directed. Newcastle,, in the mean time, yielded with, quiet submission to the supremacy (of his genius. All the Duke wanted was the patronage, and this Mr. Pitt cheerfully gave up for the salvation of the country.^ Horace Walpole says, in his lively manner, " Mr. Pitt does every thing, and the -Duke of Newcastle gives every thing. As long as they can agree in this partition, they may do what they will."' One of the first steps taken by Mr. Pitt was to grant a large, subsidy to Frederick the Great, of Prussia, for carrying oil the war against the Empress of Austria. This was connected with a total chapge which had ..already taken place in the Con- tilieutal policy of George II., and was intended to rescue Hanover Jjom the hands of the> French. Still, there were many who had a traditional regard for the Em- press of Austria, in whose defense England had expended more than teli millions of pounds sterling'. The grant was, tjierefore, strenuously opposed in the House, and Mr. Pitt was taunted with a desertion of his principles. In reply, he defended himself, and maintained the necessity of, the grant with infinite dexterity. ' ''It was," says Horace Walpole, "the most artful speech he ever made. He provoked, called for, defied objections — promised enormous expense — -demanded never to be tried by events." ,By degirees he completely subdued the House,, until a murmur of applause broke &.rth from every quarter. Seizing the favorable moment, he drew back with the utmost dignity, and placing himself in an attitude of defiance, exclaimed, in his .loudest tone, " Is there an Austrian, among you ? Let him come forward and reveal himself,!" The effept was irresistible. -" Universal silence," says Walpole, "left him arbiter of his own teritis,." ^Another striking instance of Mr. Pitt's mastery over the House is said jalso to have occurred' about this time. Having finished a speech, he walked out with a slow step, being severely afflicfed with the gout. A silence ensued until th& door was opened to let him pass into the lobby, when a member started up, saying, ",Mr. Speaker, I rise to reply to the right honorable gentleman."' ^itt, who had catight the words, turned back and fixed his eye on the orator, who instantly sat down. He then returned toward his seat, repeating, as he hobbled along, the lines of Virgil, in -which the poet, conduct- ing iEneas through the shades below, describes the terror which his .presence in- spired among the ghosts of the Greeks who had fought at Troy : Ast Danaum procieres, Agamemnoiii£Eque,phalange9, Ut vidSre virum, fulgentiaque arma per utnbJas, Ingenti trepidare metu ; pars vertere terga, ' Ceu-quondam petiere rates; pars tollerp voceni Exiguam: inceptus clamor frustratur Mantes.* Virgil, ^n., vi., 489. 3 A carious anecdote illustrates the ascendency of Pitt over Newcastle. The latter was a great valetudinarian, and was so fearful of taking cold, especially, that he often ordered the windows, of the House of Lords to be shut in the hottest weather, while the rest of the Peers were suffering foi^want of breath. On one occasion he called upon Pitt, who was confined to his bed by the gout. Newcastle, on being led into the bed-chamber, found the room, to his i.\ama.j, loitliout fire . in a cold, wintery afternoon. He begged to ha*e one kindled, but Pitt refused: it plight be inju- rious to his gout. Newcastle drew his cloak around him, a.nd submitted 'with the wprst possible grace. The conference wa^ a long one. Pitt was determined on a naval expedition, under Ad- miral Hawke, for the annihilation of the French fleet. Newcastle opposed it on account of the lateness of the season. The debate continued until the Duke was absolutely shivering -with cold; when, at last, seeing another bed in the opposite comer, he slipped in, and covered hijnsfelf with the bed-clothes ! A secretary, coming in soon after, found the two ministers in this curious predic- ament, 'with their faces only visible, bandying the argument with great eagerness from pne bed- side to the other. ^ ' ' , * The Grecian chiefs, arid Agamemnon's host. When they beheld the mas with shining arms 62 LORD CHATHAM. Reaching his seat, he exclaimed, " Now let me hear what the honorable gentle- man has to sa,y to me !'* One who was present, being asked whether the House was not convulsed with laughter at the ludicrous situation of the poor' orator and the aptness of the lines,' replied, "No, sir; we were all too much awed to laugh." There was, however, very little debate- after his administration had fairly cpm- menced. All parties united in supporting his measures. It is,', indeed, aremarka/ ble fact, that the Parliamentary History, which professes to give a detailejl report of all the debates in Parliament, contains not a single speech of Mr. Pitt, and only two ibr three by any other person, during the whole period of his ministry. The supplies which he denlanded were, for tha,t day, enormous^^-twelve millions and a half in one year, and nearly twenty millions the next-^" a most ineredible , sum," says Walpole, respecting the former, " and yet already all subscribed for, and even more offered !', Our unanimity is prodigious. You would as soon hear ' No' from an old maid as from the House of Commons." "Though Parliament has met," says Walpole again, in 1759, "no politics are come to town. One may describe the House of Oomaions like the stocks : Debates, nothing done ; Votes, under par; Pa.triots', no price ; Oratory, books shut !" , L England now entered into the war with all the energy of a new existence. Spread out in her colonies to the remotest parts of the globe, she resembled a strdng man who' had long been lying with palsied limbs, and the blood colleeted at the heart ; when the stream of 'life, suddenly' set fre?, rushes to the extremities, and he springs to his feet with an elastic bound to repel injury or punish aggression. In ' the year 1758, the contest was carried on at once in Europe, Asia, Africa, and Amer- ica—wherever France had possessions to be attacked, or England to be defended. Notwithstanding some disasters at first, victory followed upon victory in rapid suc- cession. Within little more than two years, all was changed. In Africa,' Prance was stripped of every settlement she had on that continent.. In India, "defeated in two engagements at sea, ahd driven from every post on land, she gave up her long contest for the mastery of the East, and left the British to establish their govern- ment over a hundred arid fifty millions of people. In America, all her rich posses- sions in the West Indies passed into the hands of Great Britain. Louisburg, Gluebec, Ticonderoga, Crpwn Point, Oswfego, Niagara, Fort Duquesne [now Pittsburgh], were taken ; and the entire chain of posts with which France :had hemmed in and threatened our early settlements, fell before' the united arras of the colonists and the English, and not an inch of territory was left her in the Western World. In Eu- rope, Hanover wasTescued ; the French were defeated at Crevelclt, and again at Minden with still greater injury and disgrace ; the coasts of Francie Were four times invaded with severe loss to thp English, but still with a desperate determination to strike terror int6 the hearts of the enemy ; HaVre-^was bombarded ; the port and fortifications of Cherbourg were demolished ; Brest and the. other principal sea-ports were blockaded ; the Toulon fleet was captured or destroyed ; and the brilliant vic- tory of Admiral Hawke ofi' Gluiberon, annihilated the French navy for the remainder of the war.° At home, the only part of the empire which continued hostile to the Amid .those shades, trembled with sudden fear. Part turned their backs lit flight, as when they sought ' Their ships. * « * * Part *ajsed , ° ,' ' A feeble outcry ; but the sound commenced, Dieci on their gasping lij^s. » Oae of thbse brilliant sallies for which Mr. Pitt was distinguished, occurred at this time, and related to Sir Edward Hawke. In proposing a monument for General Wolfe, Mr. Pitt paid a high complimetit to Admiral Saunders : " a ma.n," said he, " equaling those who have beaten Armaaas- 'inay I anticipate I those who will beat^AVmadas !" The words were prophetic. It was the very day of Hawke's victory, November 20th, 1759. LORD CHATHAM. 63 gQvernment, tji© Highlanders of Scotland, who had been disarmed for their rebell- ions, and insulted by a law forbidding them to wear their national costume, were forever detach^fed from the Stijarts, and drawn \n. grateful affection around the Throne, by Mr. Pitt's happy act of oonfidencg in putting, arms into their Ijands, and sending thern to fight the battles of their country in every quarter of tjie globe. Finally, the comijaercial interests of the kingdom, always the ijiost important to a great manufacturing people, prospered as never before ; and " Commerce," in the woid^ inscribed by the city of London on the statue wh^ich they erected to Mr.; Pitt, " CoMMERop, for4he first tiine, was united with, and ma,de to flourish by, war, !" France was now effectually huncibled. In 1761 she sought for peace; aed Mr. Pitt declared to his friends, whep entering, on thp negotiation, that'" no Peace of Utrecht should again stain the annals of England." He therefore resisted every attempt of France to obtain a restoration of conquests, and was on thepoint of con- cluding a treaty upqn, terms commensurate with the triumphs of the English arms, when the French succeeded i?i drawing Spain into the contest. After a season of , long alienation, an understanding once more took place between the two branches of the house of Bourbon. The French, minister instantly changed his tone. He came forward wi/tli a proposal that Spain should be invited to take part in the treajty, specifying certain claims of that country ^upon England which required ad- justment. Mr. Pitt was indignant at this a,ttem,pt of a. prostrate enemy to draw, a third party into the negotiation. He spurned the proppssil. He 4eclared, that " he would not relax one syllable~from his terms, until the Tower of London was talc^eii by storm." He demanded qf Spain a disavowal of the French minister's claims. This offended the Spanish court, and P'rance accomplished her object,. The cele- brated Fanjily Compact was entered into, which once more identified the two na- tions in all their interests,; and Spain, by a subsequent stipula-tipn, engaged, to unite in the war with France, imless England sholild make peace on satisfactory terms iefore May,- 1762. Mr. Pitt, whose means of secret intelligence were hardly inferior to those of Oliver Groriiwell, w^s apprised of these ajrrangemejit? (though studiously concealed) almost as soon as they were made. He saw that a war was inevitable, that he had just ground of war; and lie, resolved tp strike the first blow — to seize the Spanish treasure-ships which were then on their way from Amerjca ; to surprise Havana, which was wholly unprepared for defense ; to wrest the Isthmus of l^ana- ma from Spain, and thus put the keys of her commerce, between the two oceans forever into the hands of the English. But when he proposed these measures to the Cabinet, he was met, to his surprise, with an open and ' determiived resistance. -George II, was deadj Lord Bute, the favorite, of George III., vvas jealous of Mr. Pitt's ascendency. The King probably shared in the' sa,n?e feeUngs ; ,and in the lan- guage of Grattan, " conspired to remove him, in order to be relieved from his supe- riority." An obsequious cabinet voted down Mr. Pitt's proposal. He instantly re- signed ; and Spain, as if to prove ,his sagacity, and justify the measure he had urged, declared war herself within three months ! " . The King, however, in thus ending the most glorious ministry which England^had ever seen, manifested a strong desire to eoncili.ate Mv- Pitt. Ths very next day he sent a message to him through Lord Bute, declaring that he was "impatient" to bestow upon bim some mark of the royal favor. MriPitt was melted by these un- expected tokens of kindness. He replied in terms which have -often, been censured as unbecoming a man-of spirit under a sense of injury — terras which would certainly be thought obsequious at the present day, but which were probably dictated by the sudden revulsion of his feelings, and the courtly style which he alv/ay? maintained in his intercourse with the sovereign.* On the day after his resignation, he accepted • In his long aiid frequent intei'views with George II., Mr. Pitt, though often commanded to sit 64 LORD CHATHAM. a pension of £3000 (being mflbh less thai^ was offered him), together with a peer- age for his wife. Some, -indeed, complained that, acting as he did for the people, he should have allowed the King to place;him und,er any pecuniary obligations. "If he had gone into the city," said "Walpole, " and fold thejii he had a poor wife and children unjwovided tot, and opened a subscription, he would have got £500,000 instead of £3000 a year:" He could never have done so, uiitil he had ceased to be ■William iPitt. Mr.'Burke h^s truly said, " With regard to the pension and thp title, it is a shame that any defense should be necessary. What eye can not distinguish, a,t the first glarice," between this and the exceptionable case of titles and pensions? What Briton, with the smallest sense of honor' or gratitude, but must blush "for his country, if such a man had retired unrewarded from the public service, let the mo- tives of that retirement be what they would? It was not possible that his sov- ereign should let his eminent services pass unrequited ; and the quantum was ratlief regulated by the moderation of the great mind that received, than by the liberality of- that, which bestowed it."' It is hardly necessary to add, that the tide of public favor, which had ebbed for a moment, soon returned to its ordinary cliannels.' The city of London sent him an .address in ihe warmest terms of commendation. On Lord Mayor's day, 'when he joined the young King and CLueen in their procession to dine ^.t Guildhall, the eyes of the multitude were turned /rom the> royal equipage to the modest vehicle which contained Mr. Pitt and his brother-in-law. Lord Temple. The loudest acclamations were reserved for the Great Commoner. . The crowd, says an eye-witness, clustered around his carriage at every st^p, " hung upon the wheels, huggedhis footmen, and even kissed his horses." . Such were the circumstances under which he retired from office, having resigned on the 5th of October, 1761. We now come to the fifth a.nA last period of Mr. Pitt's life, embracing about six- teen .years, down to his decease in 1778. During the whole of this period, except for a brief season when he was called to form'a new ministry, he acted with the Opposi- tion. ^ When a treaty of peace was concluded by Lqrd Bute, in 1762, he was confined to his bed by the gout ; but his feelings were so excited by the concessibns made to France, that he causedhimself tobetionveyedto the House in thertiidstof his acutest - sufferings, and poured out his indignation for three hours and a half, gxposijig in the keenest terms the loss and dishonor brought > upon the country 'by the conditions of peace. This was called his ',' Sitting S^eeclT^' because, after liaving stooJ for a time supported bytwo friends, " he was so, excessively ill, "i says the Parlianjentary History,' " and his pain became so exceedingly acute, that the House- unanirhouslj desired he might be permitted to, deliver liis sentiments sitting — a circumstance that was unprecedented."* - But whether the peace was disgrficeful or not, the ministry had no alternative. , - Lord Bute could net raise money to carry oh the war. The merchants, who had urged upon Mr. Pitt double the amount he needed when- ever he asked a loan, refused their assistance to a minister whom they could not trust.- Under these circumstances. Lord Bute was soon driven to extremities ; and as a i^ieans of 'inbreasiiig the revenues, introduced a bill subjecting cider to an excise. Aii Excise Bill lias always been odious to' the English." It brings with it the right of search.'. It lays open the private dwelling, which every Englishman has been taught to regard as his " castle/' ' " You give to the dipping-rod," said one, arguing against such a la-v^, ''' what yoti deny to the scepter !" Mr. Pitt laid hold of this feeling, and opposed the bill with his Uttnost strength. There is no report of his •while suffering severe pain from the gout, never obeyed: When unable any longer to stand, he always kneeled on a cushion before the King. ' Annual Register for 1761. , f .,' ' ' « Parliainentary History, xv., 1362. The report of this speech is too meager and unsatisfactory to nrerit insertion in this work. LORD CHATHAM. 65 speech, but a single passage has come down to us. containing one of the finest bursts of his elo(^uence. " The poorest man in his cottage may bid defiance to all the forces of the Crown. It may be frail ; its roof may shake ; the wind may blow through it ; the storm may enter it ; but the King of England can not enter it! All his power dares not cross the threshold of that ruined teinement !" It was on thisi occasion, as stated in the Parliamentary HistMry, that Mr. Pitt uttered a bon imot which was long remembered for the mirth it occasioned. Mr. George Grenville replied to Mr. Pitt, and, though he admitted that an excise was odious, contended that the tax was unayoidable. " The right honorable gentleman," said he, " comr plains of the hardship of the tax— why does he not tell us where we can lay another in its stead V\ " Tell me," said he, repeating it with strong empjiasis,' " tell me where you can lay another tax ! Tell me where !" Mr. Pitt, from his seat, broke out in a musical tone, quoting from a popular song of the day, " Gentle shepherd, tell me where .'" The House burst into a fit, of laughter, which continued for some minutes, and Mr. Gren-frille barely escaped the sobriquet of Gentle Shepherd for the rest of his life. After six divisions, the bill was passed, but it drove Lord Bute from power. He resigned a few weeks after, and in May, 1763, was succeeded by Mr. Grenville, whose mistakes as minister, in coimeetion with the peculiar temperament of the King, opened a new era in the history of Great Britain. It was the misfortune of George III., in the early part of his life, to be governed first by favorites and then by his own passions. He was naturalJly of a quick and obstinate temper. During the first twenty years of his reign (for he afterward cor- rected this error), he allowed his feelings as a man to mingle far too much with his duties as a sovereign. This led him into two steps, one of which agitated, and the other dismembered his empire — ^the persecution of John Wilkes, and the attempt to force taxation on the American colonies. It is now known, that he sent a personal order to have "Wilkes arrested under a general warrant, against the advice of Lord Mansfifeld, and insisted on all the subsequent violations of law which gave such no- toriety and kifluence to that restless demagogue. And although he did not originate the plan of taxing America, the moment the right v/b^.s questioned, he resolved to maintain the principle to the utmost extremity. This it was that forced the " De- claratory Act"' on Lord Hockingham, and held Lord North so long to the war, as it now appears, against his own judgment and feelings. In respect to both these subjects, Mr. Pitt took, from the first, an open and decided stand againsVthe wishes of the King. He did it on the principle v?hich governed his whole political Mfe ; which led him, nearly thirty years before, to oppose so violently the issue of search- warrants for seamen' — the principle of resisting arbitrary power in every form ; of defending, at all hazards, the rights and liberties of the subject, " however mean, however remote." During the remainder of his life, all his speeches of any import- ance, with a single exception, related to one or the other of these topics. It was his constant aim, in his own emphatic language, "to restore, to save, to confirm the CONSTITOTION." This attachment of Mr. Pitt to the popular part of the government gave rise to an attack (it is not known on what occasion), which called .forth one of those keen and contemptuous retorts with which "^ he so often put down his opponents. Mr. Moreton, Chief Justice of Cheater, having occasion to mention " the King, Lords, g,nd Commons," paused, and, turning toward Mr; Pitt, added, " or, as the right hon- orable member would call them, Commons, Lords, and King." Mr. Pitt, says Charles Butler, in relating the stoiy, rose (as he always did) with gi;eat deliber- ation, and called to order. "I have," he said, "heard frequently in this House doctrines which surprised me ; but now my blood runs cold ! I desire the words 9 See page 80. E 66 LORD CHATHAM. of the honorable member may be taken down." The clerk wrote down the ■words. " Bring them to me !" said Mr. JPitt, in his loudest voice. By this time Mr. Moreton was frightened out of his senses. "Sir," said he,, addressing tits Speaker, " I meant nothing ! 'King, Lords, and Commons ; Lords, King, and Com- mons ; Commons, Lords, and King — tria jkncta in uno. I meant nothing ! In- deed, I meant nothing !" " I don't wish to push the matter further," said Mr. Pitt, in a tone but little above a whisper.- Then, in a higher note, " The moment a hiah acknowledges his error, he ceases to be guilty. I have a great regard for the honorable gentleman, and, as an instance of that regard, I give him this advice — a pause of some moments ; then, assuming a look of unspeakable derision, he added, in a colloquial tone, " Whenever that gentleman means nothing, I recommend to him to say nothing !" It has already been intimated that, dtiring the period now under review, Mr. Pitt was called) for a brief season, into the service of the Crown. George Grenville, who succeeded Lord Bute, after acting as minister about two years, arid inflicting on his country the evils of the American Stamp Act, became personally obnoxious to the King, and was dismissed from oiBce about the middle of 1765. The eyes of the whole country were now turned toward Mr. Pitt, and the King asked the terms upon which he would accept office. Mr. Pitt replidd that he was ready to go to St. James's,- if he could " carry the Constitution along with him." But upon entering into' details, it was found impossible to reconcile his views with that court influence which still overruled the King. Lord Rockingham was then called upon to form a ministry ; and Mr. Pitt has been censured by many, and especially by his biographer, Mr. Thackeray, for not joining heartily in the design, and lending the whole weight' of his influence to establish, under his Lordship, another great Whig administration. This might, perhaps, have been an act of magnanimity. But, con- sidering his recent splendid services, the known wishes of the people, and his ac- knowledged superiority >over every other man in the empire, it could hardly be ex- pected of Mr. Pitt that he should make himself a stepping-stone for the ambition of another."" Lord Rockingham, though a rnan of high integrity and generous sen- timents, had not that force of character, that eloquence in debate, that controlling influence over the minds of others which could alone reanimate the Whig party, and restore their principles and their policy under a Tory King. Mr. Pitt did not op- pose the new ministers ; but he declared, at the opening of Parliament,- that he could not give them his confidence. " Pardon me, gentlemen," said he, bowing to the ministry, "confidence is a plant of slow growth in an aged'bosom.'"^° The event justified his delay and hesitation. -" The Cabinet," says Cooke, in his History of Party, ',' was formed from the rear^guard of the Whigs — ^men who were timorous and suspicious of fheir own principles ; who were bound in the chains of aristocratic expediency and personal interest, and who dared not to loose them, because they knew not the power of their principles or their ultimate tendency." The Rocking- ham' administration performed one important service — they repealed the Stamp Afet: But they held together only a year, and were dissolved on the 5th of August, 1766. Mr. Pitt was now called upon to frame a ministry. It was plainly impossible for him to succeed ; and no one but a man of his sanguine temperament would have thought of making the attempt. The Rockingham Whigs, forming the wealthy and aristocratic section of the party, might of course be expected to oppose. Lord Temple, who had hitherto adhered to Mr. Pitt in every emergency, now deserted him, and joined his brother, George Grenville, in justifying American taxation. i" See page 103 for the speech (^ontaining this passage, and a description of Mr. Pitt's impressive manner in thus declaring off from Lord Rocltingham. This single sentence decided the fate of that ministry. LORD CHATHAM. 67 Lord Camden and a few others, the pioneers of Whiggism as it now exists, sup- ported Mr. Pitt, and, carried with them the suffrages of the people. But the Tories were favorites at Court. They filled all the important stations of the household ; they had the readiest access to the royal presence ; and, though Mr. Pitt might, at first, undoubtedly rely on the King for support, he could hardly expect to enjoy it long without gratifying his wishes in the selection of the great officers of state. Under these circumstances, the moment Mr. Pitt discovered his real situation, he ought to have relinquished the attempt to form a ministry. But he was led on step by step. His proud spirit had never, been acciistojned to draw back. He at last formed one on coalition principles. He drew ar0u,nd him as many of his own friends as possible, and filled up the remaining places with Tories, hoping to, keep the peace at the council-board by his personal influence and authority. He had put down Niswcastle by uniting with him, and he was confident of doing the same with his new competitors. But he made one mistake at the outset, which, in con- nection with his subsequent illness, proved the" ruin 'of his ministry. It related to the " lead" of thel House of Commons. His voice was the only one that opuld rule the stormy discussions of that body, and compose the elements of strife which were thickening around hirA. And yet he lyithdrew, from the House, and gave the lead to Charles Townsend. Never was a choice more urifortunate. ■ Townsend was, in- deed, brilliant, but he was rash and unstable ; eaten up with the desire to -please every body ; utterly devoid of firmness and self-command ; and, therefore; the last man in the world for giving a lead and direction to the measures of the House. But Mr. Pitt's health was gone. He felt wholly inadequate, under his frequent at- tacks of the gout, to take the burden of debate ; he therefore named himself Lord Privy Seg,l, and passed into the Upper House with the title of Lord Chathfim. As might be expected, his motives in thus accepting the peerage were, for a time, mis- understood. He was supposed to have renounced his principles, and become a creat- ure of the Court. The city of London, where he had ruled with absolute sway as the Great Commoner, refused him their support or congratulations as Lord Chat- ham. The., press teemed with invectives ; and tlie people, who considered him as having betrayed their cause, loaded him with maledictions. Such treatment, in connection with his sufferings froin , disease, naturally tended t« agitate his feelings and sour his temper. He was sometimes betrayed into rash, conduct and passionate language. His biographer has, indeed, -truly said,, that, " highly us Lord Chatham was loved and respected by his own family, and great as were his talents and vir- tues, he possessed not the art of cfementing politicar friendships, A consciousness of his superior abilities, strengthened by the brilliant successes of his former admin- istration, and the unbounded popularity he enjoyed, imparted an austerity to his manners which distressed and offended his colleagues." , , , Such were the circumstances under which Lord Chatham formed his third min- istry. It would long since have passed into oblivion, had not Mr. Burke handed it down to posterity' in one of the njost striking pictures (though abounding in gro- tesque imagery) which we have in our literature. " He ma,de an administration," says Mr. Burke, in his speech on American Taxation', " so checkered and speckled ; he put together a piece of joinery so crossly indented and whimsically dovetailed ; a cabinet so variously inlaid ; such a piece of diversified mosaic ; such a tesselated pavement without cement, here a bit of black stone, and there a bit of white ; pa- triots and courtiers. King's friends and Republicans, that it was indeed a very cu- rious show, but utterly unsaf* to touch and unsure to stand on. The colleagues whom he assorted at the same boards stared at each other, and were obliged to ask, ' Sir, your name V ' Sir, you have the advantage of me.' ' Mr. Suoh-a-one, I beg a thousand pardons.' I venture to say it did so happen, that persons had a 68 LORD CHATHAM. single office dividfed between them who had never spoke to each other in their lives until they found themselves (they knew not how) pigging together, heads and points, in the same truckle-bed.")" * * * " If ever he fell into a fit of the gout, or if any other cause withdrew him from public cares, principles directly the contrary were sure to predominate! When he had executed his plan, he had not an inch of ground to stand on. When he had accomplished his scheme of- administration, he was no longer a minister." Such was literally the fact. Only a few weeks after his final arrangements were made, he was seized with a paroxysm of the gout at Bath, which threatened his immediate dissolution; Having partially recovered, he set out on his return for Lon- don, in February, 1767.' But he was violently attacked on the road, and was com- pelled to retire to his country seat at Hayes, where he lay in extreme suifering, with a mind so agitated and diseased that all access to him was denied for many month?. It was during this pariod that Charles Townsend, in one of his rash and boastful moods, committed himself to Mr. Grenville in favor of taxing the colonies ; and was induced to lay those duties on tea, glass, &c., which revived the- contest, and led to the American 'llevolutioh. It is, indeed, a singular circumstance, that such a bill should have passed under an administration bearing the name of Chatham. But he had ceased to be minister except in name. Some months before, he had sent a ver- bal message to the King (for he was unable to write), that " such was the iU state of his health, that his majesty must not expect from him any further advice or as- sistance in any arrangement whatever." When Grafton became minister, he sent in his formal resignation by the hands of Lord'Camden. It is striking to observe how soon great men are forgotten when they fall from power, and withdraw, in the decay of their faculties, from the notioeof the public. Lord Chatham's former resig- nation was an~era in Europe. The news of it awakened the liveliest emotions throughout the civUizeS world. The time of his second resignation was hardly known in London.. His sun appeared' to have sunk at mid-day amid clouds and gloom Little did any one imagine, that it was again to oreak forth with a purer splendor, and to fill" the whole horizon around with the radiance of its setting beams.'^ " Sapposed to refer to Lord North and Mr. George Cooke, who were made joint paymasters. " There was a mystery connected with Lord Chatham's long confinement which has created many surmises. A writer in the London Quarterly Review for 1840 has endeavored to show that it was, to a great extent, a thing of pretense and affectation ; that he was shocked at the sudden loss of his popularity after accepting the peerage ; disconcerted by the opposition which sprung up; mortified at the failure of his attempts to strengthen his government; and that, under these circumstances, " h6 felt some reluctance to come forward in his new chai-acter, and perhaps clang to office only that he might find some striking and popular occasion for resignation." To au enemy of Lord Chatham's fame and principles this may seem probable ; but it is a mere hypothesis, with- out the least evidence to support'it. It is prbbably true that Lord Chatham's withdrawal from public business was not owing to direet sufferings from the gout during the whole space of two years. Lord Chesterfield, who was no friend of Chatham, and not the least inclined tn shelter him, attributed " his inactivity to the effects of tlie injudicious treatment of his physician, who had prevented ajhreatened attack of the gout by dispersing the humor throughout the whole system. The experiment caused a severe fit of illness, wl^ich chiefly affected his nerves." Whether this was the cause or not, it is dertain that his nervous system was in a very alarming state, and that his mind became greatly diseased. He was gloonjy in the extreme, and perhaps yielded to un- reasonable jealousies and'suppicions. Such seems to have been at one time the opinion of Lord Camden, who says, in a confidential letter, " Lord Chatham is at Hayes, brooding over his own suspicions and- discontents — his return- to business almost desperate inaccessible to every body; but under a persuasion that he is given up and abandoned." But Lord Camden soon after re- ceived information which probably changed his views. " On his return to London," says his biographer, " he heard such an account of lord Chatham as to convince him that the country was forever deprived of the services of that illustrious man." This refers, undoubtedly, to a report of his being deranged, which was then prevalent. It now appears that this was not literally the fact, though his mind was pertainly in such a state that Lady Chatham did not allow him to be master LORD CHATHAM. 09 After an entire seclusion from the woYld for nearly three years, Lord Chatham, tc the surprise of all, made his appearance in Parliament with his health greatly im- proved, and in full possession of his gigantic powers. He was still so infirm, how- ever, that he went on crutches, and was swathed in flannels, when he entered the House of Lords at the opening of the, session, January 9, 1770. In commenting on the Address; he came out at once in a loftier strain of eloquence than ever in reply to Lord Mansfield on the case of John "Wilkes." This speech gave a decisive turn to political afiairs. A leader had now appeared to arr^y the Whigs against the Duke of Graftdn. Lord Camden,-who as Chancellor had continued in the Cab- inet, though hostile to the measures which prevailed, came down from the wool-sack at the close of Lord Chatham's speech, and declared against the minister. " I have," said he, " hung down my head in council, and disapproved by my looks those steps which I knew my avowed opposition; could not prevent. I will do so no longer. I now proclaim to the world, that I entirely coincide in the 'opinion expressed by my noble friend — whose presence again reanimates us — ^respecting this unconstitution- al vote of the House of Commons.'' He was of course dismissed ; and united with Lord Chatham, Lord Rockingham, and the rest of the Whigs, to oppose the Grafton ministry. They succeeded in nineteen days : the Duke resigned on the twenty-eighth of the same month. But the Whigs did not profit by their victory. The hostility of the King excluded them from power, and Lord North was placed at the head of affairs. An attempt; was now made to put downLord Chatham by personal in- sult. He was taunted before the House, March 14, 1770,- with having received a pension from the Crown, and having unjustifiably recommended pensions for others. He rose upon his antagonist, as he always did on sueh occasions, and turned his de- fense into an attack. He at once took up the case of Lord-Camden, whom he had brought in as Chancellor three years before, with a pension of fifteen hundred -pounds. " I could not," said he, " expect such a man to quit the Chief-justiceship of the Com- mon Pleas, which he held for life, and put himself in the power of those who were not to be trusted, to be dismissed, from the Chancery at any moment, without mak- ing some slight provisicfn for such an event. The pubKc has not been deceived by his conduct. My suspicions have been justified- His integrity; has made him once more a poor and a private man ; he was dismissed for the vote he gave in favor of the right of election in the people." Here an attempt was made to overwhelm him with clamor. Some Lords called out, " To the bar ! to the bar I" and Lord March- mont moved that^his words be taken down. Lord Chatham seconded the motion ; and went on to say, " I neither deny, retract, nor explain these words. I do re- afjirrn the fact, and I desire to meet the sense of the House. I appeal to the honor- of every Lord in this House whether he has not the same conviction," Lord p.ock- ingham. Lord Temple, and many others, rose, and, upon their honor, affirmed the same. The ministry were now desirous to drop the subject ; but Lord Marchmont, encouraged by Lord Mansfield, persisted, and moved that nothing had appeared to justify the assertion. Lord Chatham again declared, "My words remain unretract- of his own actions. It ia, therefore, uncandid in the extreme to represent Lord Chatham as feign- ing illness in order to escape from the resppnsibilities of his station.. 13 Though Lord Chatham had a high sense of Mansfield's learning and abilities, he continued to regard him with aversion and distrust on account of his extreme Tory seiitiments. In reply to Mansfield, when the case of Wilkes again caihe up at a late evenipg Besaiou, he quoted Lord Somers and Chief-justic6 Holt on the points of law, and drew their clraraoters in his pvyn masterly style. He pronounced them " honest men who knew and loved the Constitution." Then turning to Mans- field, he said, " I vow to God, I think the noble Lord equals them both — im. abilitiei!" He com- plained bitterly, in conelusioh, of the motion being pressed by Lord Marchmont and Lord Mans field at so unreasonable an hour, and called for an adjournment. " If the Constitution must be wounded," saidbe, " let it not receive its mortal stab at this dark and midnight hour, when honest men are asleep in their beds, and when only felons and assassins are seeking for prey !" 70 LORD CHATHAM. ed, unexplained, and reaffirmed. I desire to know whether I am condemned or acquitted ; and whether I may still presume to hold my head as high as the noble Lord who moved to have my words taken down,',' To this no answer was given. It wa.s easy for the miiiistry to pass what vote they pleased; but they found that every attempt to disgrace such a man only recoiled on themselves. His glowing defense of the people's rights regained him the popularity he had lost by his acces- sion to the peerage. The city of London addressed him, in terms of gratefu} ac- knowledgment, thanking him for " the zeal he had shown in support of those most valuable privileges, the right of election and the light of petition." ' The people looked up to him again as their best and truest friend ; and though prompted to an earldom, they felt, in the language of his grandson, Lord'Mahon, " that his eleva- tion over them was like that of Rqchester Castle over 'his own shores of Chatham — that he was raised above them only for their protection and defense." After this session, Lord Chatham was unable to attend upon Parliament except occasionally and at distant intervals.' He spent his time chiefly on his estate at Burton Pynseht, superintending the education of his children, arid mingling in their amusements with the liveliest pleasure, notwithstanding his many infirmities. ;He sought to interest them liot only in their books, but in rural employments and rural scenery. He delighted in landscape gardening ; and, in speaking of its fine arrange- ments for future effect, called it, with his usual felicity of expression, " the prophetic eye of .Taste." " Wheii his health would permit," says the tutor of his son, " he never suffered a diy to pass without giving, instruction of some sort to his children, and seldom without reading the Bible with them." He seems, indeed, to have studied the Scriptures with great care and attention from early life. He read them not only fijr'thg guidance of his .faith, but for improvement in oratory. " Not con- tent," says Lord Lyttleton, " to correct ^nd instruct his' imagination by the .works of men, }ie borrowed his noblest images from the language of inspiration." His practice, in this respect, was imitated by Burke, Junius, and other distinguished writers of the day. At no period in later times, has_ secular eloquence gathered so many of her images and allusions from the' pages of the "Bible. Thus withdrawn from the cares and labors of public life, there was only one sub- ject that could ever induce him to appear in Parliament. It was the contest with America. He knew more of this country than any man in England except Burke. During the war in which he wrested Canada; from the French, he was brought into the most intimate communication with the leading men of the colonies. He knew their spirit and the resources of the country. Two of the smallest states (MasSa- •chusetts and Connecticut) had, in answer to his call, raised twelve thousand men for that war in a single year. Feelings of personal attachment united, therefore, with a sense of justice, to make him the champion of America. Feeble and de- crepit as he was, he, forgot his age fed sufferings. He stood forth, in presence of the whole empire, to arraign, as a breach of the Constitution, every attempt to tax a people who had no representatives in Parliament. It was the era of his subUinest efforts in oratory., With no private ends or party purposes to accomplish, with » consciousness of the exalted, services he had rendered to his country, he spoke "as one having authority," and denounced the war with a prophetic sense of the shame and disaster attending such a fconflict. His voice of warning was lost, indeed, upon the ministry and on the great body of the nation, who welcomed a relief from their burdens at the expense of America. But it rang throughout every town and hamlet of the colonies ; and wherl he proclainied ii^ the ears of Parliament, " I'rejoice that America has resisted," millions of hearts on the other side of the Atlantic swelled with. a prouder determination to resist even to the end." " Lord Chatham received namerous tpkens of respect and gratitude from the colonies. At LORD CHATHAM. ri But while he thus acted as the champion, of Americj),, he never for a moment yielded to the thought of her separation from the mother country. , When the Duke of Richmond, therefore, brought forward his motion, in April, 177 S, advising the King to withdraw his fleets and armies, and to eflect' a concili9.tion with Amprioa involving her independence, Lord Chatham heard of his design "with unspeakable concern," and resolved to go once iriore to the House of Lords for th« purpose of re- sisting the motion. The effort cost him his life. A detailed acpount of the scene presented on that occasion will be given hereafter, in connection with his speech. At the close, he sunlc into the arms of his attendants, apparently in a dying state. He revived a little when conveyed to his dwelling ; and, after lingering fpr a few days, died on the 11th of May, 1778, in the seventieth year of his age. Lord-Ghatham has been generally regarded, as the most powerful orator of mod- ern times. He certainly ruled the British Senate as no other man has ever ruled over a great deliberative assembly. There have been stronger minds in that body, abler reasoners, profounder statesmen, but no man has ever controlled it with such absolute sway by the force of his eloquence. .He did things which no human being but himself would ever havei attempted. He carried through triumphantly, what would have covered any other man with ridicule and disgrace. His success, no doubt, was owing, in part, to his extraordinary personal advanta- ges. Few men have ever received from the hand of Nature so many of the outWard qualifications of an orator. In his best days, before he was crippled by the gout, his figure was taU and erect ; his attitude imposmg ; his gestures energetic even to ve- hemence, yet tempered with dignity and grace.'^ Such was the power of his eye, that he very often cowed down an antagonist in the midst of his speech, and threw him into utter confusion, by a single glance of scorn or contempt. Whenever he rose to speak, his countenance glowed with anirnation, and was lighted up with all the varied emotions of his soul, so that Cowper describes him, in one of his bursts of pa^ triotic feeling, ■ ' , " With all. his country beaming in his face." " His voice," says a contemporary, " was both full and clear. His lowest whis- per was distinctly heard ; his middle notes were sweet and beautifully varied ; and, when he elevated his voice to its highest pitch, the House was completely filled with the volume of sound. The effect was awful, except whan he wished- to cheer or animate'; then, he had spirit-stirring notes which -^yere perfectly irresistible." The prevailing character of his delivery was majesty and force. " The crutch in his hand became a weapon of oratory."'^ Much, however, as he owed to these personal advantages, it was his character as Charleston, S. C, a colossal statue of him, in white marble, was erected by order of the Commons, who say, in their inscription upon the pedestal, TIME SHALL SOON^K DESTROY THIS MARK OF T^IEIB ESTEEM, THAR ERASE FROM THEIR MINUS THE -JOST SENSE OF HIS PATRIOTIC VIRTUE. ' 1^ Lord Brougham speaks of him as having " a peculiarly defective and even awkward action." This is directly opposed to the testimony of all his contemporaries. Hugh Boyd speaks of " the persuasive gracefulness of his actibn ;" and Lord Orford says, that his action^ on many occasions, was worthy of Garrick. The yoimger Pitt had an awkwardness of the kind referred to ; and Lord Brbugham, who was often hasty and incorrect, probably confounded the father and the 6on. " Telura Oratoris. — Cicero. "Yon talk, my Lords, of conquering America; of your numerous friends there to annihilate the Congress ; of your powerful forces to disperse her armies ; / might as well talk of driving them before me with this crutch." 72 LORD CHATHAM. a man which gave him his surprising ascendency over the minds of his countrymen. There was a fascination for all hearts in his lofty bearing ; his generous sentiments ; his comprehensive policy ; his grand conceptions of the height to which England might be raised as arbiter of Europe ; hisipreference of her honor over ill inferior material interests. There was a fascination, too, for the hearts of all who loved free- dom, in that intense spirit of liberty which was the animating principle of his life. From the day when he opposed Sir Charles Wager's bill for breaking open private houses to press seamen, declaring that he would shoot any man, even an officer of justice, who should thus enter his dwelling, he Stood forth, to the end of his days, the Defender of the People's Rights. It was no vain ostentation of liberal principles, no idle pretense to gain influence or office. The nation saw it ; and while Pulteney's defection brought disgrace on the name of " Patriot," the character of Pitt stood higher than ever in the public estimation. His pohtical integrity, no less than his eloquence, forca«d " an era in the Senate ;" and that comparative elevation of principle which we now find among EngHsh politicians, dates back for its commencement to his noble example. It. was his glory as a statesman, net that he was always in the right, or even consistent with hiifiself upon minor points ; but that, in an age of shameless prof- ligacy, when political principle^ was universally laiighed at, and tevery one, in the words of Walpole, " had his price," he stood forth to " stem the torrent of a down- ward age.'! He could truly say to an opponent, as th^ great Athenian orator did to .Slsohines, 'Eyw (J^ aoi Xiyu, bri tuv TToXiTevojj^vuv napd rdig "EXXtjoi dicupQapiV' T(ov andvruy, dp^ajiivuv a-rro oS, Trporepov juev vnb ^tXi-mre, vvv 3' vn' 'AAefowJps} e[ie Stb Kaipot;, Sre (ptXiavOpunia Xoyuv, Sre inaryyeXi&v fieysdo^, St' iXni^, fire d)66og, Sre x^P''?t ^'''' ciXXo SSev in^psv, Sde TrporjydyeTO, uvinptva SiKaiuv koL avfir (j>gp6vTUV T^ TrarpiSi, kSev npoSSvai : " When all our statesmen, beginning with your- self, were corrupted" by bribes or oflice, no convenience of opportunity, or insinuation of address, or magnificence of promises — or hope, or fear, or favor-^-could induce me to give up for a moment what I consi'dered the rights and interests of the' people." Even, his enemies were forced to pay homage to his noble assertion of his principles — ^hfs courage, his frankness, his perfect sincerity. Eloquent as he was, he impressed : every hearer with the conviction', that there was in him something higher than all eloquence. "Every one felt," says a' contemporary, "that the man w?is infinitely greater than the orator.* Even Fr^^nklin lost his coolness when speaking of Lord Chatham. "I have sometimes," said he, "seen eloquence without wisdota, and often wisdom without eloquence ; but In him I have seen them united in the high- est possible degree." The ran^e of his powers as a speaker was uncommonly wide. He was equally qualified to conciliate and subdue. When he savsr fit, no man could be more plausi- ble and ingratiating ; no one had ever a itiore winning address, or was more adroit in obviating objections and allaying prejudice. When he changed his tone, and chose rather to. subdue, he had the sharpest and most massy weapons at command-r-wit, humor, irony, overwhelming ridicide and contempt. His forte was the terrible ; and he employed with.eqiial ease the indirect imode of attack vrith which he so often tor- tured Lord Mansfield, and the open, -withering invective with whichr he trampled down Lord Suffolk. His burst of astonishment and horror at the proposal of the latter to let loose the Indians on the settlers of America, is v^ithout a parallel in our language for severity and force. In all such conflicts, the energy of his will and his boundless self-confidence secured him the victory. Never did that "erect counte- nance" sink before the eye of an antagonist. Never was he knovm to hesitate or falter. He had a feeling of superiority over every one around him, which acted on his mind with the force of an inspiration. He kneto he was right ! He knew he could save England, and that no one else could do it ! Such a spirit, in great crises, LORD CHATHAM. 73 is the unfailing instrument of command both to the general and the orator. We may call it arrogance ; but even arrogance here .operates upon most minds with the po- tency of a charm ; and when united to a vigor of genius alid a firmness of purpose Hke his, men of the strongest intellect fall down before it, and admire — perhaps hate — what they can not resist- The leading characteristic of eloquence is force ; and force in the orator depends mainly pn the action of strongly-excited feeling on a powerful intellect. The intel- lect of Chatham was of the highest order, and was peculiarly fitted for the broad and rapid combinations of oratory. It was at once comprehensive, acute, and vig- orous ; enabling him to embrace the largest range of thought ; to see at a glance what most men labor out by slow degrees ; and to grasp his subject with a vigor, and hold on to it with a firmness, which have rarely, if ever, been equaled. But his intellect never acted alone. -It was impossible for him to speak on any subject ill a dry or abstract manner ; all the. operations of his mind were pervaded and governed by intense feeling. This gave rise to certain characteristics of his eloquence which may here be mentioned. First, he did not^ like many in modem times, divide a speech into distinct copart- ments, one designed to convince the understanding, and another to move the pas- sions and the will. They were too closely united in hi¥ own mind to allow of such a separation. All went together, ponvictioii and persuasion, intellect and feeling, like chain-shot. .- - ■_ - Secondly, the rapidity and abruptness with which 'he often flashed liis thoughts upon the mind arose from the same source.' -Deep ernotion strikes directly at its object. It struggles to get free from all secondary ideas — all mere accessories. Hence the simplicity, and even bareness of thought, which we usually find in the great passages of Chatham and Demosthenes. The whole turns often on a single phrase, a word, an allusion. They put forward a few great objects, sharply defined, and standing boldly out in the glowing atmosphere of emotion. They pour their burning thoughts instantaneously upon the mihd, as a person might catch the rays of the sun in a concave mirror, and turn them on their*object vidth a sudden and consuming power. Thirdly, his mode of reasoning, or, rather, (if dispensing with the forms of argu- ment, resCilted from the same cause. It is not the fact, though sometimes said, that Lord Chatham never reasoned. , In most of his early speeches, and in some of his later ones, especially those on the right of taxing America, we find many examples of argument ; brief, indeed, but remarkably clear and stringent. It is true, however, that he endeavored, as far as possible, to escape from the trammels of formal reason- ing. When the mind is all a-glow with a subject, and sees its conclusions with the vividness and certainty of intuitive truths, it is impatient of the slow process of logical deduction. It seeks rather to reach the point by a bold and rapid progress, throwing away the intermediate steps, and putting the subject at once under such aspects and relations, as to carry its own evidence along with it. Demosthenes was remarkable for thus crushing together proof and statement in a single mass. When, for example, he palls on his judges, iiffrbv AvridiKov aijidovXov noi^aaodai -nepl rov Ttug clkov- eiv vfidg ifiov del, ' not to make -his enemy their counsdor as to the manner in which they should hear his reply,' there is an argument involved in the very ideas brought together — in the juxtaposition of the words avridiKoV and ou|u6ovAoi'— ^an argument the more forcible because not drawn out in a regular form. It was so with Lord Chatham. The strength of his feelings bore him directly forward to the remits of argument. He affirmed them earnestly, positively ; not as mer? assertions, but on the ground of their intrinsic evidence and certainty. John Foster has finely remarked, that " Lord Chatham struck,on the results of reasoning as a cannon-shot strikes the 74 LORD CHATHAM. mark, without your seeing its course through the air." Perhaps a homh-shell would have furnished even a better illustration. It explodes when it strikes, and thus he- comes the most powerful of arguments. Fourthly, this ardor of feeling, in connection with his keen penetration of mind, made him often indulge in political prophecy. His predictions were, in many in- stances, surprisingly verified;. We have already seen it in the case of Admiral Hawke's victory, and in his quick foresight of a war with Spain in 1762. Eight years after, in the midst of a profound peace, he declEtred to the House of Lords that the inveterate enemies of England were, at the moment he spoke, striking " a Wow of hostility" at her possessions in some quarter of the globe. News arrived at the end fof four months that the Spanish governor of Buenos Ayres was, at that very time, in the act of seizing the Falkland Islands, and expelling the English. When this prediction, was afterward referred to in Parliament, he remarked, " I will tell these young ministers the true secret of intelligence. It is sagacity — ^sagacity to compare causes- and effects; to judge of the present state of things, and discern the future by a careful review of the past. Oliver Cromwell, who astonished mafikiad by his intelligencci did not derive it from spies in the cabinet of every prince in Eu- rope ; he drew' it from the cabinet of his own sagacious mind." As he advanced in years, his tone of admonition, especially on American affairs j became more and more lofty and oracular. He spoke as no other man ever spoke in a great dehherative assembly — as one who felt that the time of his departure was at hand ; who, with- drawn /rom the ordinary concerns of lifej in the words of his great eulogist, "came occasionally into our system to counsel and decide, " Fifthly, his great preponderance of feehng made him, in the strictest sense of the term, an extemporaneous speaker. His mind was, indeed, richly furnished with thought upon every subject which came up for debate, and the matter he brought forward was always thoroiighly rhatured and strikingly appropriate ; but he seems never to have studied its arrangement, much less to have bestowed any care on the language, imagery, or illustrations. Every thing fell into its place at the moment He poured out his thoughts and feelings just as they arose in his mind ; and hence, on one occasion, when dispatches had been received which could not safely be made public, he said to one of- his colleagues, " I must not speak to day ; I shall let out the secret." It is also worthy of reiaaark,' that nearly all these great passages, which came with such starthng power upon the House, arose out of some unexpected turn of the debate, some incident or expression which called forth, at the moment, these sudden bursts of eloquence. In his attack on Lord Suffolk, he caught a single glance at "the tapestry which adorned the walls" around him, and one flash of his genius gave us the most magnificent passage in our eloquence. His highest power lay in these sudden bursts' of passion. To call them hits, with Lord Brougham, is beneath their dignity and force. " They, form," as his Lordship justly observes, " the grand charm of Lord Chatham's oratory ; they were the distinguishing excellence of his great predecessor, and gave him at will to wield the fierce democratic of Athens and to fulmine over Grreece." To this intense eihotion, thus actuating aU his powers. Lord Chatham united a vigorous and lofty imagination, which formed his crowning excellence as an orator. It is this faculty which exalts /orce into the truest and most sublime eloquence. In this respect he approached more nearly than any speaker of modern times, to the great master of Athenian art. It was here, chiefly, that he surpassed Mr.' Fox,"who was not at all his inferipr in ardor of feeling or robust vigor of intellect. Mr. Burke had even more imagination, but it was wild and irregular. It was too. often on the wing, circling around the subject, as if to display the grace of its movements or the beauty of its plumage. The imagination of Lord Chatham struck directly at its LORD CHATHAM. 75 object. It " flew an eagle flight, forth and right on." It never became his master. Nor do we ever find it degenerating, into fancy, in thfe limited sense of that term : it was never fanciful. It was, in fact, so perfectly blended with the other powers of his mind — so simple, so true to nature even in its loftiest flights — :that we rarely think of it as imagination at all. - , , The style and language of Lord Chatham afe riot to be judged of by the early speeches in this volume, down to 1743. Rfeporters at that day made little or no attempt to give the exact words' of a speaker. They sought only to convey his sen- timents, though they might occasionally be led, in writing out his speeches, to catch some of his marked pecuUarities of thought or expression. In 1766, his speech against the American Stamp Act was reported, ^th a considerable degree of verbal accuracy, by- Sir Robert Dean, aided by Lord Charleriiont. Much, however, was obviously omitted ; and passages, haying an admirable felicity of expression were strangely intermingled with tame ani broken sentences, showing how imperfectly they had succeeded in giving the precise language of the speaker. Five speeches, (to be mentioned hereafter) were written out, from notes taken on the spot by Sir Philip Francis and Mr. Hugh Boyd. One of them is said to have been revised by Lord Chatham himself. These are the best specimens we possess of his style and diction ; and it would be difficult, in the whole range of our literature, to find more perfect models for the study and imitation of the young orator. The words are ad- fnirably chosen. The sentences are not refunded or balanced period-s, but are made up of short clauses, which flash themselves upon the mind with all the vividness of distinct ideas, and yet are closely connected together as tending to the same poiilt, and uniting to form larger masses of thought. Nothing can be more easy, varied, and natural than the style of these speeches. There is no ihannerism about them. They contain some of the most vehement passages in English, oratory ; and yet therfe is no appearance of effort, no straining after effects They have this infallilsle mark of genius — ^they make every one feel, thg-t if placed in like circumstances, he would have said exactly the same things in the same manner. , "" Upon the whole," in the words of Mr. Grattan, " there was in this man something that could create, subvert, or reform ; an understanding, a spirit, and an eloquence to summon mankind to so- ciety, or tp break the bonds of slavery asunder, and rule the wildness of free minds with unbounded authority ; something that could establish or overwhelm empire, and strike a blow in the world that should resound through its history." 5PEECH OF LORD CHATHAM ON A MOTION FOS, AN ADDRESS ON THE MARRIAGE OF THE PRINCE OF WALES, DELIVERED IN THE HOUSE OF COMMONS, APRIL, ?9, 1736. INTRODUCTION. This was Mr. Pitt's maiden speech ; and, literally understood, it is a mere string of courtly compH- mente, expressed in elegant diction. But it seems plainly to have had a deeper meaning. The King, who was extremely irritable, had quarreled with the Prince of Wale6,.and treate4 him with great sever- ity. There was an o'pen breach between them. They 'could not even speak to each other; and althongh the King desired the tnarriage, he would not allow the usual Address of Congratulation to be, brought in by his ministers. In view of t.his extraordintjiy departure from estahlished usage, and the feelings which it indicated on the King's part, Mr. Pitt's emphatic commendations of the young prince have a peculiar signiiicance ; while the manner in which he speaks of "the tender, paternal delight" which the King must feel in yielding to " the most dutiful application" of his son, has an air of the keenest irony. Viewed in this light, the speech 'shows great tact and talent in asserting the cause of the Prince, and goading the feelings of the King, in language of the highest respect — the very language which could alone be ap- propriate to siich an occasion. SPEECH, &o. I am unable, sir, to offer any thing suitable to the dignity and importance of the subject, which has not already been said by my hohorable friend who made the miotion. But I am so affected with the prospect of the blessings to be derived by. my country from this most desirable; this long- desired measure — ^the, marrijige of his Royal Highness the Prince of Wales^that I can not Jbrbear troubling the House with a few words expressive of iHy joy. I can not help mingling ijjy offering, inconsiderable, as it is, with this ob- lation of thanks and congratulation to His Maj- esty. Hpwever great, sir,' the joy of the public may be-i-and great undoubtedly it is — in receiving this benefit fro;n his Majesty, it must yet be in- ferior to that high satisfaction which he himself enjoys in bestowing it. If I may be allowed to suppose that any thing in a royal mind can trans- cend the pleasure of gratifying the earnest wishes of a loyal people, it can only be, the tender, pa- ternal delight of indulging the most dutiful apr plication, the most humble request, of a submis- sive and obedient son. I. mention, sir, his Royal Highness's having asked a marriage, because - something is in justice dije to him for having asked what we are so strongly bound, by all the ties of duty and' gratitude, to return his Majesty our humble acknowledgments for having grant- ed. ' The matriage of a Prince of Wales, sir,' has at all times been a matter of the highest import- ance to the public welfare, to present and to fu- ture generations. But at no time (if a charac- ter at once amiable and respectable, can embel- lish, and even dignify, the elevated rank of a Prince of Wales) has it been a more important, dearer consideration than at this day. Were it not a sort of presumption to follow so great a personage through his hours of retirement, to view him in the milder light of domestic life, we should find him engaged in the noblest exercise of humanity, benevolence, and e^ery social vir- tue'. But; sir, however pleasing, however capti- vating such a scefle may be, yet, as it is a pri- vate one, I feat I should offend the delicacy. of that virtue to which I so ardently desire to do justice, were I to offer it to the consideration of this House. But, sir, filial duty to his rbyal pa- rents, a generous love of liberty, and a just rev- erence for the British Constitution— these are 'public tirtues, and can not escape the applause and benedictions of the public. These are vir- tues, "sir, which render his Royal Highness not only a noble ornament, but a firm support, if any could possibly be wanting, of that throne so great- ly filled by his royal father. I have been led to say thus much of his Royal Highness's character, because it is the consider- ation of that character which, above all things, enforces the justice and goodness of his Majes- ty in the measure now before us — a, measure which the nation thought could never be taken too soon, because it brings with it the .promise of an additional strength to the Protestant suc- cession in his Majesty's illustrious and ;Foyal house. The spirit of Liberty dictated that suc- cession ; the same spirit now rejijioes in the prospect of its being perpetuated to the latest posterity. It rejoices in the wise and happy bhoice which his Majesty has been pleased to make of a princess so amiably distinguished in herself, so illustrious in the merit of her fanjjly, the glory of whose great ancestor it is to have sacrificed himself in the noblest cause for which a prince can draw a sword — the cause of liber^ and the Protestant religion. Such, sir, is the marriage for which our most 1739.] LORD CHATHAM ON THE SPANISH CONVENTION. 77 humble acknowledgments are due to his Maj- esty. May it afford thb comfort of seeing the royal family, numerous as, I thank God, it is, still growing and rising up into a third genera- tion! A family, sir, which I most earnestly hope may be as immortal as those liberties and that constitution which they came to maintain. Sir, I am heartily for the motion. The motion was unaniniously agreed to. SPEECH OF LORD CHATHAM ON THE SPANISH CONVENTION, DELIVERED IN THE BOUSE OF COMMONS MARCH 8, 1739. INTRODUCTION. DimcuLTiES had arisen between England and Spain, from the measures adopted by the latter to sup- press an illicit trade carried on by English adventurers with the coast of South America. The Spanish cruisers searched British mercbantmen found in that quarter, and in so doing, either through mistake or design, committed outrages to a considerable extent upon lawful traders. Exaggerated accounts of these outrages were circulated throughout England. The public mind became greatly inflamed on the subject, and many went so fair as to contend that the British flag, covered her merchant ships and pro- tected them from search under all circumstances. Walpole opened a negotiation with the Court of-TiIadrid for the redress and removal of these griev- ances. After due examination, the just claims of the English merchants upon Spain were set down at X200,000. On the other hand, the sum of £60,000 was now adjudged, under the stipulations of a former treaty, to be doe from England to Spain, foi' captures made in 1718 by Admiral Byng. The balance due to England was thus settled at Xl40,000 ; and Walpole, to avoid the usual delay of the Spaniards in money matters, offered to make an abatement of £45,000 for prompt payment, thus reducing the entire amount to £95,000. To this the Spanish government gave their assent, but on the express condition that this arrangement should be^ considered as in no way affecting certain claims of Spain on the English South Sea Company. , - -, ■ As the result of this negotiation, a Convention was drawn up on'the 14th of January, 1739,, stipulating for the paymentof £95,000 within four months from the exchange of ratifications. It also provided for the removal of all remaining difficulties, by agreeing that commissioners from England and Spain shoald meet within six weeks, to adjust ^1 questions respecting trade between Europe and the colonies in America ; and also to establish the boundary liqes between Florida and the English settlements in Carolina, then embracing Georgia. It further stipulated that, during the sitting of this commission, the erection of for- tifications should be suspended, both in Carolina and Florida. At the moment when this Conveution was to be signed, "the Spanish government gave notice, that as the South '.feea Company was not embraced in this arrangement, the King of Spain held them to-be his debtors to the amount of £68,000, for his share of the profits they had realized under previous engagements ; and that, unless payment was made within a specified time, he would deprive them of the Assiento, or conti'act, which he had granted them for supplying South America with slaves. Such were the provisions of the famous Spanish Convention, and the circumstances under which it was signed. The House of Commons appointed March 6th, 1739, for considering this Convention. The public mind was greatly agitated on. the subject. There was a general oatcry against it, as betraying at once the , interests of the merchants^and the honor of the country. Such was the exOitement apd.expectation when the day arrived, that four hundred members took their seats in the House at 8 o'clock A.M., five hours before the time appointed for entering upon business. Two days were spent in examining witnesses and hearing numerons written documents relating to the subject. On the 8th of March, Mr. Horace Wal- pole, brother to-the minister, after a long and able speech, moved in substance that "the House return thanks to his Majesty for communicating the Convention ; for having taken measures to obtain speedy payment for the losses sustained by th^ merchants; and also for removing similar abuses in future, and preserving a lasting peace." After a number of members had expressed their views, Mr. Pitt rose and delivered the following speech, which gave him at once, and; at the age of thirty, that ascendency as a speaker in the House of Commons which he afterward maintained. SPEECH, &c. Sir, — THere certainly has never been in Par- liament a matter of more high national concern than the Convention referred to the considera- tion of this committee ; and, give me leave to say, there can not be a more indirect manner of taking the sense of the' committee upon it than by the complicated question that is now before yon- We have here the soft name of an humble ad- dress to the Throne proposed, and for no other end than to lead gentlemen into an approbation of the Convention. Is this that full, deliberate 78 LORD CHATHAM ON THE SPANISH CONVENTION. [1739. examination, which we were with defiance called upon to,give to this Convention ? Is this cursory, blended disquisition of matters ofl such variety and extent, all that we owe to ourselves and to our coantry ? "Wheii trade is at stake, it is your last intrenchment ; you must defend it or perish ;■ and^whatever is to decide that, deserves the most distinct consideration, and the most direct, undis- guised sense of Parliament. But how are we now proceeding ? Upon an artificial, ministerial question. ■ Here is all the confidence, here is the conscious sense of the greatest service that ever was done to this country f to be complicating qdestions, to be lumping sanction and approba- tion, like a oon;imissary's account ! to be cover- ing and taking sanctuary, in the royal 'name, in- steM of meeting openly, and standing fairly, the direct judgment and sentence of Parliament upon the several articles of this Convention. You have been moved to vote an humble ad- dress of thanks to his Majesty foj' a measure which (I will appeal to gentlemen's conversation in the world) is odious throughout the kifigdom. Such thanks are only diie to the fatal influence that framed it, as are due for that lo\y, unallied condition abroad which is now ffla4e a plea for this Convention. ■To what are gentlemen reduced in support of it ? They first try a little to defend it upon its own merits ; if that is not tenable, they throw out general terrors — the House of Bourbon is united, who knows the oonsequenpe of a war ? Sir, Spain knows the consequenpe of a war in Amer- ica. Whoever gains, it must prove fatal to hSr. She knows it, and must therefore avoid it ; but she knows that England does not dare to make it. And what is a delay, which is all this mag- nified Convention is sometimes called, to pro- dude? Can it produce such conjunctures as those which you lost while you were 'giving kingdoms to Spain, and all to bring her back again to that great branch of the house of Bourbon which is now held out to you as an object of so much terror? If this union be formidable, are we to delay only till it becomes more formidable, by being' carried farther into execution, and by being more strongly eeraented .? But be it what it will, is this any longer a nation 1 Is this any longer an English Parliament, if, with more ships in your harbors than in all the navies of Europe j- with -above two millions of people in your Amer- ican colonies, yqu will bear to hear of the expe- diency of receiving from Spain an insecure, un- satisfactory, dishonorable Convention?, Sir, ,1 call it no more than it has been proved in this debate ; it barries fallacy or down'right subjec- tioij in almost every line. It has been laid open and exposed in so many strong a,nd glaring lights, that I can not pretend to add any thing to the conviction and indignation which it has raised,. Sir, as > to the great national -objection, the searching, of your ships, that favorite word, as it 1 Alluding to the extravagant terms of praise in which Mr. H. Walpole had. spoken of the Conven- tion, and of those who framed it. was balled, is not, indeed, omitted in the pream- ble to the Convention, biit it stands there as the reproach of the whole, as the strongest evidence of the fatal submission that follows^ On the part of Spain, a usurpation, an inhuman tyranny, claim- ed stnd exercised over the American seas ; on the part of England, an undoubted right by treaties, and from God and nature declared and asserted in the resolutions of Parliament, are referred to the discussion of plenipotentiaries upon one and the same equal footing ! Sir, I say this undoubt- ed right is to be discussed and to be regulated ! And if to regulate be to prescribe rules (as in all construction it is), this right is, by the ex- press words of this Convention, to be given up and sacrificed ; for it must cease to be any thing from the moment it is submitted to limits. The court of Spain bas .plainly told you (as appeairs by papers upon the table), that you shall steer a due course, that you shall navigate by a line to and from your plantations in America — if you draw near to her coast (though, from the circumstances of the navigation, you are under an unavoidable necessity of doing so), you shall be seized and confiscated. If, then, upon these terms only she has consented to refer, what be- comes at onceqf all the security we are flattered with in consequence of this reference? Pleni- pofeiitiaries are to regulate finally the respective pretensions of the two crowns with regard to trade and navigation in America ; but doe^ a man in Spain reason that these pretensions must be regulated to the satisfaction and honor of En- gland ? No, "sir, they conclude, and vrith reason, from the high spirit of their administration, from the sujjeriority with which they have so long treated you, that this reference must end, as it has begun, to their honor and advantage. But, gentlemen say, the treaties subsisting are to be the measure of this regulation. Sir, as to trea;ti6s, I will take part of the words of Sir Will- iam Temple, quoted by the honorable gentle. man near me ; it is vain to negotiate and to make treaties, if ther^ is not dignity and vigor su^icient to enforce . their observance. Under the misoon- Striiction and misrepresentation of these very treaties subsisting, this' intolerable grievance has arisen. It has been growing upon you, treaty after treaty, througli twenty years of negotiation, and even under the discussion of commissaries, to whom it was referred. You have heard from Captain Tajighan, at your bar, at what time these injuries and indignities were continued. As a kind of explanatory comment upon this Convention which Spain has thought fit to grant you, as another insolent protest, underthe Valid- ity and force of which she has suffered this Con- vention to be proceeded upon, she seems to say, " We will treat with you, but we will search and take your ships ; we will sign a Convention, but we will keep your subjects prisoners in Old Spain ; the West' Indies are remote ; Europe shall witness' in what. manner we use you." Sir, as to the inference of an admission of our right not to Jdc searched, dravvn from a rep- aration made for ships unduly seized and confis- 1741.] LORD CHATHAM AGAINST SEARCH-WARRANTS. 79 oated, I thinl?. that argument very inconclusive. The right claimed by Spain to search our ships is one thing, and the excesses admitted to have been committed in consequence of this pretend- ed right is another. But surely, sir, to reason from infference and implication only, is below the dignity of your proceedings upon a right of this vast importance. What this reparation is, vphat sort of composition for your losses forced Upon you by Spain, in an instance that has come to light, where your own commissaries could not in conscience decide against your claim, has fully appeared upon examination ; and as for the pay- ment of the sum stipulated (all but seven-and, twenty thousand pounds, and that, too, subject to a drawback), it is evidently a fallacious nominal payment only. I will not attempt to enter into the detail of a dark, confused, and scarcely in- telligible account'; I will only beg leave to con- clude with one word upon it, in the light of a submission as well as of an adequate reparation. Spain stipulates to pay to the Crown of England ninety-five thousand pounds ; by a preliminary protest of the King of Spain,,the South Sea Com- pany is at once to pay sixty-eight thousand of it : if they refuse, Spain, I admit, is still to pay thq ninety-five thousand pounds ; but how does it stand then ? The Assiento Contract is to be suspended. You are to purchase this sum at the price of aft exclusive trade, pursuant, to a national treaty, and of an immense debt of, God knows how many hundred' thousand pounds, due from Spain to the South Sea Company. , Here, sir, is the submission of Spain by the payment of a stipulated sum ; a tax laid upon subjects of England, under the severest, penalties, with the reciprocal accord of an English minister as a preliminary that the Convention may be signed j a condition imposed by Spain in the mo^t abso- lute, imperious manner, and most tamely and ^i^bjectly received by the ministers of England. Can any verbal distinctions, any evasions what- ever, possibly explain away thisi public infamy ? To whom would we disguise it ? To ourselves and to the nation ! I wish we oouldhide it from the.eyfes of every Court in Europe. They;;«ee that' Spain has talked to you like yOur master. They see this arbitrary fundamental condition standiftg forth with a pre-eminence of shame, as a parf pf this very Convention. -, This Convention, sir, I think from my soul, is nothing but a stipulation fbr riationail ignominy ; an illusory' expedient to bafile the resentment of the nation ; a truce, without a suspension of hos- tilities, on the part of Spain ; on the part of En- gland, a suspension, as to Georgia, of the first law of nature, self-preservation and self-defense ; a suirender of the rights and trade of England to the mercy of plenipotentiaries, and, in this in- finitely highest and inost sacred point — ftture security — not only inadequate, but directly re- pugnant to the resolutibnsof Parliament and the gracious prbniise frofii the Throne. The com- plaints of your despairing merchants, and ' the voice of England, have condemned it. Be the guilt of it upon the head of the adviser : God forbid that this committee should share the guilt by approving it ! The piotion was carried by a very small ma- jority, the vote being' 260 to 232. Mr. Burke's statement respecting the merits of this^question, as it afterward appeared, even to those ■v/ho took the most active part against the Convention, may be found in his Regicide Peace. Whether Lord Chatham was one of the persons referred to by -Mr. i3urke as having changed their views, does pot appear, but it is rather presumed not. SPEECH OF LORD CHATHAM AGAINST SEARCH-'WAE.RANTS FOR SEAMEN, DELIVERED , IN THE HOUSE OF COMMONS, MARCH 6, 1741. INTRODUCTION. ■War was declared against Spain in October, 1739, and it soon became extremely difficult to man the British fleets. Hence a bill was brought forward by Sir Charles "Wager, in January, 1741,' conferring au- thority on Justices of the Peace to issue search-warrants, under which constables might eiiter private dwellings either by day or by night— and, if need be, might force the doors-;-for the purpose of discovering seamen, and impressing thenS into the public service. So gross an act of injustice awakened the indig- nation of Mr. Pitt, who poured out the following invective against the measure, and those who were en- deavoring to force, it on the House. < SPEECH, &c. Sm, — The two honorable and learned gentle- men' who spoke in favbr of this clause, were pleased to show that our seamen are half slaves already, and now they modestlydesire you should 1 The Attorney and Solicitor General, Sir Dudley B,yder and Sir John Strange. The former was sub- sequently Lord .Chief Justice of the King's Bench, and the latter Master of the Rolls. make them wholly so. Will this increase your number of seamen? or will it make those you ha,vemore willing to serve you ? Can you expect that any man will make himself a sla-ve if he-can avoid it ? Can you expect that any man will breed his child up to be a slave ? ' Can you ex- pect that seamen will venture their lives or their limbs for a country that has made them slaves ? 80 LORD CHATHAM AGAINST SEARCH- WARRANTS. [1741. or can you expect that any seaman will stay in the country, if 4e can by any means make his escape ? Sir, if you pass this law, you must, in my opinion, do. with your seamen as they do with their galley-slaves in France — ^you must chain them to their shipSj or oha,in them in couples when they are ashore. Bat suppose this should both . increase the number of your seamen, and render them more willing to serve you, it will render them incapable. It is a common observation) that when a man becomes a slave, he loses half his virtue. What will it signify to have your ships all manned to their full complement ? Your men will have neither the courage nor the temptation to fight ; they will strike to the first enemy th3.t attacks them, because their conditidn can not be made worse by a surrender. Our seamen have always been famous for a matchless alacrity- and intrepidity in time of danger ; this has saved many a Brit- ish ship, 5ivhen other seamen would have run be- low deck, and left the ship to the mercy of the waves, or, perhaps, of a more cruel enemy, a pi- rate. ..For ,Gpd's sake, sir, let us not,, by our new projects, put our seamen into such a condi- tion as must soon make them worse than the cowardly slaves of France or Spain. ' The learned gentlemen were next pleased to show us that the government were already pos- sessed of such si {)ower as is now desired. And how did they show it ? Why, sir, by showing that this was the practice in the case of felony, and in the case of those who are as bad as felons, I mean those who rob the public; or dissipate the ptiblio money. Shall we, sir, put our brave sailors upon the same footing with felons arid public rohbers ? Shall a brave, horieSt sailor be treated as a felon, for no other reason ,but be- cause, after a long voyage, he has a mind to sol- ace himself among his friends in the country, and for that purpose absconds for a few weeks, in order to prevent his being pressed upon a Spit- head, or some such pacific expedition ? • For I dare answer for it, there is not a sailor in-Brit- ain but would immediately ofTer his services, if . he thought his country in any real danger, or expected to be sent upon an expeditiofl where he mighf have a chance of gaining riches to himself and glory to his country. I am really ashamed, sir, to hear such arguments made use of in any case where our seamen are concerned. CJan we expect that brave men will not resent such treatment ? ■ Could we expect they would stay with us, if we should make a law for treat- ing them in such a contemptible manner ? But suppose, sir, we had no regard for our seamen, I hope we shall have, some regard for the rest of the people, and for ourselves in par- ticular; for I think I do not in the least exag- gerate when I say, we are laying a trap for the lives of all the men of spirit in the nation. Whether the" law, when made, is to-be carried into execution, I do not know; but' if it is, we are laying a snare for our own lives. ,' Every gentleman of this House must be supposed, I hope justly, to be a' man of spirit. Would any of you, gentlemen, allow thi^ law to be executed in its full extent ? If, at midnight, a petty con- stable, with a press-gang, should come thunder- ing at the gates of your house in the country, and should tell you he had^ a search-warrant, and must search your house for seamen, would you -at that time of night allow your gates to be opened? I protest I would not. What, then, would be the consequence ? He'has by this law a power, to break them open; Would any of you patiently submit to such an indignity 1 WouHnot you fire upon him, if he attempted to break open your gates ? I declare I would, let the consequence be never so fatal ; and if you happened to be in the bad graces of a rdinister, the consequence would be your being either kill- ed in the fray, or hanged for killing the consta- ble or some of his gang. This, sir, may be the case of even some of us here ; and; upon my honor, I do not think it an exaggeration to sup. pose it may. / The honorable gentlemefi say no other remedy has been proppsed. Sir, there have been several other remedies proposed. Lotus go into a eom- mittee to consider of what has been^ or may be proposed. Suppose no other remedy should be offered : to tell iis we must take this,,beoause no other remedy can be thought of, is the same with a physician's telling his patient, " Sir, there is no known remedy for your distemper, there- fore you shall take poison — FUcram it down your throat." X- do not know how the nation may treat its physiciems ; but, I arfl sure, if my physician told me so, I should order my servants to turn him out of doors. Such desperate remedies, sir, are never to be ^plied but in cases of the utmost extremity, and how we come at present to be in' such ex- tremity I can not comprehend. In the time of Queen Elizabeth we were not thought to be in any such extremity, though we were then threat- ened with the most formidable invasion that was evei;. prepared agailist this nation. In our wars with the Dutch, a. inore formidable maritime power than France and Spain now would bf, if they were miited against us, we were not sup- posed to be in any such extremity, either in the time of the Commonwealth or of King Charles the Second. In King William's war against France, when her naval power weis vastly supe- rior to what it is at present, and when we had more reason to be afraid of an invasion than we can have at present, we were thought to be in no sueh extremity. In Queen Anne's time, when we were engaged in a war both against France and Spain, and were obliged to make great lev- ies yearly for the land service, no such remedy was ever thought of, except for one year only, and th^n it was found to be far from being ef- fectual. This, sir, I am oon'vinded, would be the case now, as well as it was then. It was at that time computed that, by means of such a law as this, there were not aboye fourteen hundred sea- men brought into the service of the government; and, considering the methods that have been al- 1741] LORD CHATHAM'S REPLY TO HORATIO WALPOLE. 81 ready taken, and the reward proposed by this bill to be offered to volunteers, I am convinced that the most strict and general search would not bring in half the number. Shall we, then, for the sake of adding six or seven hundred, or even foiirteen hundred, seamen to his Majesty's ^ navy, expose our Constitution to so much dan- ger, and every housekeeper in the kingdom to the danger of being disturbed at all hours in the night ? But suppose' this law were to have a great effect, it can be called nothing but a temporary expedient, because it can in no way contribute toward increasing the number of our seamen, or tbward rendering them more willing to enter into his Majesty's service. It is an observation made by Bacon upon the laws passed in Henry the Seventh's' reign, that all of them were Cal- culated for futurity as well as the present time.'' This showed the wisdom of his council* ; I wish I could say so of our present. We have for some years thought of nothing but expedients for getting rid of some present inconvenience by running ourselves into a greater. The ease Or convenience of {)osterity was never less thought of, I believe, than it has been of late years. I wish I could see an end of these temporary ex- pedients ; for We have been pursuing tHem so long, that we have almost undone our country and overturned our Constitution. Therefore, sir, I shall bo for leaving this clause out of the bill, and every other clause relating to it. The bill will be of some service without them ; and when we have passed it, we may then go into a com- mittee to consider of- some lasting methods for increasing oiir stock of seamen, and -for encour- aging them upon all occasions to enter into his Majesty's service. In consequence of these remarks, all the claus- es relating to- search-warrants were ultimately struct out of the bill. It was during this debate that the famous al tercation took plape between Mr. Pitt and Ho. ratio Walpole; in which the latter endeavored to put down the young orator by representing him as having too little experience to justify his dis- cussing such subjects, and charging him with "petulaiicy of invective," "pompous diction," and "theatrical emotion." The substance of Mr. Pitt's reply was reported to Johnson, who wrote it out in, his own language, forming one of the most bitter retorts in English oratory. It has been so long connected with the name of Mr. Pitt, that the reader would regret its omis- sion in this Work. It is therefore given, below, not as a specimen of his style', which was exact- ly the reverse of the Sententious manner and bal- anced periods of Johnson, but as a general ex- hibition of the sentiments which he expressed. REPtY OF LORD CHATHAM WHEN ATTACKEIJ BY HORATIO WALPOLE, DELIVERED MARCH 6, 174L SiR,^— The atrocious crime of being a young man, which the honorable gentleman has, with such spirit and decency, charged tjpon me, I shall neither attempt to palliate por deny, but content myself with wishing that I may be one of those whose follies may cease with their youth, and not of that number who are ignorant in spite of experience. Whether youth can be imputed to any man as a reproac^,,I will not, sir, assume the province of determining ; but surely age may become justly contemptible, if the opportunities which it brings have passed awey without im- provement, and vice appears to prevail when the passions have subsided. The v\^retoh who, after having seen the consequences of A thousand er- rors, continues still to blunder, and whose age ;has only added obstinacy to stupidity, is surely the object of either abhorrence or contempt, and " " Certainly his (Henry the Seventh's) tiitea for good commonwealth's laws did excel, so as he may jnstly be celebrated for the best lawgiver' to this nation after King Edward the First ; for his laws, whoso marks them well, ar& deep, and not vulgar ; not made^upon the spur of a particular occasion for the present, but oat of providence for the future, to make the estate of his people still more and more happy, after the manner of the legislators in ancient and heroical times." — Bacon's 'Wofkn, vol. iii., p. 233, edition 1834. ' F deserves not that his gray hairs should secure him from insult. Much more, sir, is he to be abhorred, who, as he has advanced -in age, has receded from virtue, and becomes more wicked with less temptation ; who prostitutes himself for mopey which- he can not enjoy, and spends the remains of his life in the ruin of his country. But youth, sir, is not my only 'crime ; I have been accused of acting a theatriqal part. A theatrical pari may either iniply some peouUar- ities of gesture, or a dissimulation of my real sentiments, and an adoption of the opinions and language of another, man. in the first sense, sir, the charge is too, trifling to be confuted, and deserves only to be mention- ed to be despised, I am at liberty, like every other man, to ' use my own language ; and though, perhaps, I may have sorne ambition to please this gentleman, I shall pot lay myself un- der any restraint, nor very solicitously copy his diction or Ms mien, however matured- by age, or modeled by experience.. If any man" shall, by charging me with theatrical behavior, imply that. I utter any sentiments but my own, I shall treat him as a calumniator and a villain ; npr shall any protection shelter him from the treatment he deserves. I shall, on such an occasion, with- out scruple,( trample upon all those forms with w'hich wealth' and dignfty intrench themselves. 82 LORD CHATHAM AGAINST- [174-3. nor shall any thing but age restrain my resent- ments—age, which alwa,yS brings one privilege, that of being insolent and supercilious' without punishment. But with regard, sir, to those whom i have offended, I am of opinion, thatjf I had acted a borrowed part, I should have avoid- ed their censure. The heat that ofTended them is the firdor of conviction', and that zeal for the service lOf my country which neither hope nor fear, shall influence me to suppress. I will not sit'unoonoerned while my liberty is invaded, nor look in silence upon pubjib robbery. I will ex- ert my endeavors, at whatever hazard, to repel the aggressor, and drag the thief to justice, whor ever may protect them in their villainy, and whoever may partake of their plunder. And if the honorable gentleman — , [At this point Mr. Pitt was called to order by- Mr. Wynningtori, who went on to say/ " No di- versity of opinion can jusfify the viqjation of de- c?n I come now, in course, to the Excise Scheme, which the honorable gentleman , s^ys ought to be forgiven, because it was easily ^iven_ up.' Sir, it was nOt .easily given up. The promoter of that scheme did not easily give it up ; he gave it up with sorrow, witl^ tears in his eyes, when he saw, and not until he saw, it was im- possible to carry it through the House. Did not his majority decrease upon every division ? It was almost certain that if he had pushed it far- ther, his majority would have turjied against him. His sorrow showed his disappointment; and his disappointment showed that his design was deeper than simply to prevent frauds in the customs.. He was, at that tirae,'sensibl6 of the influence of the excise laws, and excise men with regard to elections, and of the great occasion he should have for that sort of influence at the approaching general election. His attempt, sir, was most flagrant against the Cotistitution-; and he deserved the treatment he met Vith from the people. It has been, said that there were none but what gentlemen are pleased to call the mob concerned in. burning him in effigy;^ but, as the mob consists chiefly of children, journeymen, and servants, who speak the, sentiments of tljeir par- ents and masters, we jnay thence judges of the sentiments, of th& higher classes of the people. The honorable gentleman has said, these were all the measures of a domestic nature that could be found fault with, because none other have been mentioned in this debate. Sir, he has al- * The Excise Scheme of Sir Robert Walpole was simply a warehousing systeiii, under which the da- ties on tobacco and wine were payable,, tiot when the articles were imported, but when they were taken out to be cdnsamed. It was compnted. that, in consequence of the check which this chang^e in the mode of doliecting the duties on these ELrticles Would'give to smugglirig; the revenue would derive an increase which, with the coMinuance of the Salt tax (revived the preceding year), would be amply sufficient to dorapensate 'for the total abolition of the land tax. The political opponents of Sir Rob- ert Walpole, by representing his proposition as a scheme for a general excise, succeeded in raising so violent a clamor against jt, and .in rendering it so unpopular, that, much against his own inclination, he was obliged to abandon ii It was subsequently approved of by Adam Smith,; and Lord Chatham, at a later period of his life; candidly acknowledged, that his opposition to it was founded in misconception. For an interesting account of the proceedings rela- tive to the Excise Scheme, see Lord Hervey's-Mem- oirs of the Court of George.II., chaps, viii. and ix. 'See Lord Hervey's Memoirs of the Court of George II., vol. i., p. 203. • ready heard one reason assigned why no other measures have been particularly mentioned and condemned in this debate. If it were necessary, many others might be .mentioned and condemn- ed. Is not the piaintaining so numerous an army in time of peace to be condemned ? Is not the fitting but so many expensive and usejiess squad- rons to be condemned? Are not the encroach- ments made upon the Siijkihg Fund ;' the reviv- ing the salt duty ; ttie rejecting many useful bills and motions in Parliament, and many other do- njestic measures, to be condemrted ? The.wealt- ness or the wickedness of these measures has often been demonstrated. . Their ill consequences were at the respective times foretold, and those consequences are now become visible by our distress. Now, sir, with regard to the foreign meas- ures which the honorable gentleman has attempt- ed to justify. ,The Treaty of Hanover deserves to be first mentioned, •■ because from thence springs the danger to which JEurope is now ex- posed ;' and it is impossible to assigli a reason for our entering into that treaty, without sup- posing that we then resolved to be revenged on the Emperor for refusing to grant us some favor in Germany. It is in vain now to insist upon the secret jcngagaments entered into by the courts of Vienna and Madrid as the cause of that treaty. Time has ,fnlly shown that there never were any such engagements,* and his late 'In the year 1717, the 'surpliis of the public in- come over the public expenditure, was converted into what was, called The Sinking PimA, for the purpose of liquidating' the national debt. Daring the wliole reign of George I., this fund was invari- ably appropriated to the object for which it had been created ;;and, rather ;i;h an encroach upon it; money was borrowed upon new taxes, when the supplies in general might have been raised by dedi- cating tile surplus of the old taxes to the current services of the year. .The first direct encroachmeit upon the Sinking Fund, took place in the year 1729, when the interest, of a sum of JE1,250,000, required for the current service of the yeih*, 'was charged on that fund, instead of any new taxes being imposed upon the people to meet it. The second encroach- ment took place in the year 1731, when the income arising from certain duties which had been imposed in the reign of William III., for paying the interest due to the E>ast India Company, and which were now no longer required for that purpose, in conse quence of their interest being reduced, was made use of in order to raise a sum of Xl,2bo,000, instead of throwing such income into the Sinking Fund, as ought properly to have Tieen done. A third pei-ver- sion of this fund took place in, the year 1733, before the introduction of the Excise Scheme. In the pre- viops year the land tax had been redufed to one shilling in the pound; and, in order to maintain it at the same. rate, the sum of ^500,000 was taken from the Sinking Fund and applied to theservices of the year. In 1734 the sum of £1,200,000, the whole produce of the Sinking Fund, was taken from it; and in, 1735 and 1736^ it was anticipated and alienated.— Sinclair's Hist.- of the Revenue, vol. i., p. 484, et teq. Coxe's Walpole, chap. xl. . ' Here Lord Chatham was mistaken. It is now certainly known that secret engagements did exist. 1742] SIR ROBERT WALPOLE. 87 Majesty's speech from the throne can not here be admitted as any evidence of the fact. Every qne knows that in Parliartient thelCiilg's 'speech ' is considered as the speech of the minister ; and surely a minister is not J^o be allowed to bring ' his own speech as an evidence df a faoi; in his own justification. If it be pretended that his late Majesty had some -sort of information, that such engagfements had been entered into^ that very pretense furnishes an Unanswerable argu- ment for an inquiry. For, a.? the information now appears to have been groundless, we ought to inquire into it; because, if it appears. to be such information as ought not to have been be- lieved, that minister ought to be punished who advised his late Majesty- Jo give credit to it, and who, in consequence,' has precipitated the nation into themost pernicious measures.1 At the time this treaty' was entered into, we wanted nothing from the Emperor upon our own account. The abolition. of the Ostehd Coiiipany was a. demand we had no right to make, nor was it essentially our intferest to insist upon it, be- cause that Company would have been more hos- tile tothe interests both of the French and Dutch Eeist India trades than to our own ; and if it had- been a point tha:t~ concerned us much, we might probably have gained it by acceding to the Vien- na Ireaty betVeen thd Emperor and Spain, or by guaranteeing the PragmE^tio Sanction,^ which we \and there is no reason jto doubt that the roost im- portant of them were correctly stated by W.alpole. They were said to have been to the eifect, that, the Emperor sbould give in marriage his daughters, the two arch-ijuchesses. to Don Carlos and Don Philip, the two Infants of Spain ; that he' should, assist the , King of Spain in obtaining by force the restitution oi Gibraltar, if-good'ofi&ces would hot avail; and that the two courts Should adopt measures to place the Pretender op the throne of Great Britain. The fact of there.having been a secret treaty, was placed beyond doubt by the Austrian embassador at the court, of London having shown the article i'.elatihg -to Gibraltar in that treaty, in order to clear the Em- pefor of having promised any more than his good ofBces and mediation upon that head. (Coxe's His-, tory of the House of Anstria, chap, xxxvii.) -With reference to the stipulation for placing the Pretend- er on the throne of Great Britain, Mr, J. W. Croker, in a note to Lord HerVey's Memoirs of the Court of George^ IL, vol. j., p. 78, says that its ejtist'ence " is very probable;"' but that it is observable that Lord Hervey, who revised his Memoirs sbche years after the a9th of March, 1734, when Sir Robert Walpofe as- serted in the House of Commons that there was such a document, and who was so long in the full confr- denoe of Walpolei speaks very doubtfully of it. ' On the 2d qf August, 1718, the Emperor Charles VI. promulgated aUew law of succession for the in- heritance of , the house of Austria, under the name oif the Pragmatic Sanction. In this he ordained that, in the event of his having no m^le issue, his own daughters should ^cceed 'to the Austrian throne,' in preference to the daughters of his elder brother, as previously provided ; and thatsuch succession shbnld be regulated according to' the order of primogeni- tui'e, so that the -elder should be preferred to the younger, and that she. should inherit his entire do- minions. , , - afterward did in the most absolute manner, a'nd without any conditions."' We wanted nothing lf#m Spain but "a relinquishment of the pretense she had jdst begun, or, I believe, hardly begun, to set up,, in- an express manner, with regard to searching and seizing our ships in the American seas; and this, we did not obtain, perhaps did not desire to obtain-, by the Trfeaty of Seville." By that treaty we obtained nothing ; but we ad- vanced another step toward that danger in which Europe is novy involved, by uniting the Court's of France and Spaiti, and by layijig. a foundation for, a new breach between the courts of Spain and Vienna.. _ , . ' I grant, sir; that owe ministers appear to have been fonyard.land diligent enough in negotiating, and, writing letters and. memorials to the court of Spain ; hut, from 'all my in^iries, it appears that they never rightly understood (perha,ps they vpould noftpnderstand) the point respecting which they ■were negotiating,' They suffered thera- sel-ves to be amused with fair promises for ten long y€ja.rs ; and our merchants plundered,' our trade' interrupted, now call aloud for inquiry. If it should appear that ministers allowed them- selves to be amused with answers which no man of honor, no man of common sense, in such cir- cumstances, would take, surely, sir, they' must have had some secret motive for Ijeing thils grossly imposed oh. This secret motive we may perhaps discover by an inljuiry ;~ and as it must be a wicked one, if it can be' discovered, the parties ought to be severely punished. But, in excuse for their conduct, it is ?ai'd tliat our ministers .had a laudable repugnance to in- volving their country in a vVar. Sir, this repiig- nance could not proceed from any regard' to their country. It was involved in a war. Spain was carrying on a war against our trade, and that in the most insulting manner,' duHng the whole time of their negotiation's. It was this very repugnance, at least jt was the knowledge of it which Spain possessed, that at length made '" By the second Treaty of Vienna, concluded on the 16th of. March, 1731, England'^guaranteed the Pragmatic Sanction' on the condition ,of the sup- pression of the Ostend Company.'and that the arch- duchess who succeeded to the Austrian dominions should not he married to a prince of the house of Bourbon', or to a prince so 'powerful as to endanger the balance of Europe. — Coxe's House of Austria, chap. Ixsxviii. " By the Treaty of Seville, cdnoluded between Great Britain, Prance,, and SpMn, on the 9th' of Sep- tember,. 1729', and shortly after aobeded to by Hol- land, all former treaties were confirmed, > and the several contracting' parties agreed to assist each other in case of attack. The King of Spain revoked the privileges of trade which he bad granted to the subjects of Austria' by the Treaty of Vienna, and commissioners were ' to be appointed for the final adjustment of all commercial difficulties between Spain and Great Britain. In order to secure the succession of Parma and Tuscany to the Infant Don Carlos, it' was agreed that 6000 Spanish troops should be' albwed to garrison leghorn, Porto Fer- rajo; Parma, and Plaoentia. This treaty passed over in total silence the claim ofjSpain to Gibraltar. 88 LORD CHATHAM AGAINST [1748. it absolutely necessary for us to commence the war. If ministers had at first insisted propej|y and peremptorily upon an explicit answer, Spain would have expressly abandoned her new and insolent claims and ^pretensions. But by the long experience we allowed her, she found the fruits of those pretensions so plentiful and so gratifying, that she thought -them wprth. the haz- ard of a war. Sir, the, damage we had sustained became so considerable, that it really was worth that hazard. Besides, the court of Spain was convinced, while we were under such an admin- istration, that either nothing could provoke us to commence the war, or; that if we did, it Woul^ be coilducted in a weak and raisera{)le- manner. Have we not, sir, since found that their opinion was correct? Nothing, sir, ever more demandr ed » parliamentary inquiry than our conduct in th^ war. The only branch into which we have inquired we have already censured and con- demned. Is not this a good reason for inquiring into every other branch? Disappointment and ill success have always, till now, occasioned a parliamentary inquiry. Inactivity, of itself, is a sufficient cause for inquiry. We have now all these reasons combined. Our admirals abroad desire nothing more ; because they are cohsoious that our inactivity and ill success will appear to proceed, not from their own misconduct, but from the misconduct of those by whom they were employed. I can not oondlude, sir, without taking notice of the two other foreign measures mentioned by the honorable gentleman. Our conduct in the year 1734, lyith regard to the war between the Emperor and France, may be easily accounted for, though not easily excused. Ever since the last accession of our late, minister to power, we seem to have had an enmity-td the house, of Aus- tria. ' Our guarantee of the Pragmatic Sanction was an effect of that enmity, /because we enter- ed into it vfhen, as hath since appeared, we had no intention to perform our engagement ; and by that false guarantee we induced the Emperor to admit the introduction of the Spanish troops into Italy, which he vl^ould not otherwise have done.'' The preparations we made in that year, the ar- mies "we raised, and the fleet we fitted out, were not to guard against the event of the war abroad, but against the event of the ensuing elections at home. The new commissions, the promotions, and the money laid out in these preparations, were of admirable use at the time of a general election, and in some measure atoned for. the loss of the excise scheme. But France and her allies were well convinced, that we would in no " See Walpole's explanation of his reason for re- maining neutral, in bis speech, page 39. Although England remained neatral during the progress of these hostilities, she augmented her naval and mil- itary forces, " in orderi" said Mr. Felham, in the course of the debate, " to be ready to put a stop to the arms of the victorious side, in case their ambi- tion should lead them to push their conquests, further than was consonant with the balance of power in Europe." — Pari. Hist., vol. xii., p. 478. event declare against them, otherwise they would not then have dared to attack the Emperor ; for Muscovy, Poland, Germany, and Britain would have been by much an over-match for them. It was not our preparations that set bounds to the ambition of France, but her getting all she' want- ed at that time for herself, and all she desired for her allies. Her own prudence suggested that it was not then a proper time to push her views fiirther ; because she did not know but that the spirit of this nation might overcome (as^ it since has with regard to Spain) the spirit of our ad- ministration ; and should this haye'happened, the house of Austria was then in such a condition, that our assistance, even though Jate, would have been of efiectual service. I am surprised, sir, to hear the honorable gen- tleman now say, that we gave up nothing, or that vfe acquired' any thing, by the infamous Con- vention with Spain. Did we not give up the freedom of our trade and navigation, by submit- . ting it to be regulate^ by plenipotentiaries? Can freedom be jegulated without being con- fined, and consequently in some part- destroyed ? Did we not give up Georgia, or some part of it, by submitting to have new limits settled. by plen- ipotentiaries ? Did we not give up all the rep- aration of the damage we had .suffered, amount- ing to five or six hundred thousand pounds, for the paltry sum of twenty-seven thdusand pounds? This was all that Spain promised to pay, after dedhcting the sixty-eight thousand pounds which we, by the declaration annexed to that treaty, allowed her to insist on having' from our South S^a- Conipany, under the penalty of stripping them of the Assiento Contract, and all the privi- leges to which they were thereby entitled. Even this sum, of twenty-seven thousand pounds, or more, they had before acknowledged to be due on account of ships they -allowed to have beeii unjustly taken, and for the restitution of whioli they had actually sent orders : so that by this infamous treaty we acquired nothing, while we gave up every thing. Therefore, in ray opinion, the honor of this nation can never be retrievei^ unless -the advisers and authors of it be censured and punished. This, sir, can not regularly be done without a parliamentary inquiry. By these, and similar weak, pusillanimous, and wicked measures, we are become the ridi- cule of every court in Europe, and have lost ths confidence of all our ancient allies. By these measures we. have encouraged France to extend her ambitious,. views, and now at last to attempt ■carrying them into, execution. By bad econo- my, by extravagance in our domestic measures, we have involved ouirselves in such distress at home, that we are almost wholly incapable of en- tering into a war ; while by weakness or wick- edness in our foreign measures, we have brought the aflairs of Europe into such distress that it is almost impossible for ns to avoid it. Sir, we have been brought upon a dangerous precipice. Here we now find ourselves ; and shall we tfust to be led safely off by the same guide who has led us on ? Sir, it is impossible for him to lead 1742,] SIR ROBERT WALPOLE. 89 us off. Sir, it is impossible for us to get off, without first recovering that confidence with our ancient allies which formerly we possessed. This we can not do, so long as they suppose that our councils are influenced by our late minister ; and this they will sUppose^so long as he has ac- cess to the King's closet — so long as his conduct remains uninquired into and uncensured. It is not, therefore, in revenge for our past disasters, but from a desire to prevent them in future, th^t I am now so zealous for this^inquiry. The pun- ishment of the minister, be it evir so severe, will be but a small atonement for the past. But his impunity will be the source of many future mis- eries to Europe, as well as to his country. Let us be as merciful as we will, as merciful as any man can reasonably desire, when we come to pronounce sentence j but sentence we must pro- nounce. For this purpose, unless we are re- solved to saorifloe our own liberties, and the lib- erties of Europe, to the preservation of one guilty man, we must make the inquiry. The motion was rejected by a majority of two. ^ second motion was made a fortnight after, for an inquiry into the last ten years of Walpole's administration, which gave rise to another speech of Mr. Pitt. ^ This will n^xt be given. SECOND SPEECH OF LORD CHATHAM ON A MOTION TO INQUIRE INTO THE CONDUCT OF, SIR ROBERT WAL- ^ POLE, DELIVERED II^ THE HOpSB OF COMMONS, MARCH 23, 1742. ' mTRODUCTION. Lord Limerick^s first motitm for an inquiry into the conduct of Wdlpole was lost chiefly through the absence of Mr. Pulteney from the House during the iUness of a favorite 'daughter. On the rqtqrn of Pulte- ney at the end of a foitnight, th6 motion was renewed, with a variation in one respect, viz., that the in- quiry be extended only to the last ten years of Walpole's continuance in oiEce. On ,that occasion, Mr. Pitt made the foUQ:yving speech in answer to Mr. Cook Harefield, wjio had re- cently taken his seat in the House. In it he shows his remark&ble power of reply; and argues with great force the propriety of inquiry, as leading to a decision whether an ipapeachment should be com- menced. SPEECH, &o. As the honorable gentleman who spoke last against the motion has not been long in the House, it is but charitable to believe him sin- cere in professing that he is ready to agree to a parliamentary inquiry when he thinks the occa- sion requires it. But if he knew how often such professions are made by those who upon all oc- casions oppose inquiry, he would now avoid them, because they are generally believed to be insincere. He may, it is true, have nothing to dread, on his own account, from inquiry. But when a gentleman has contracted, or any of his near relations have contracted, a friendship with one wio may be brought into danger, -it is very natural to suppose that such a gentleman's op- position to an inquiry does not eptirely proceed from public motives ; and if that gentleman' folr lows the advice of some of his friends, I very much question whether he will ever think the occasion requires an inquiry into tiie cohdjict of our public affairs. As a parliamentary inquiry must always be founded upon suspicions, as well as upon facts or manifest crimes, reasons may always be found for alleging those suspicions to be with&ut foun- dation; and upon the principle that a parlia- rrientary inquiry must necessarily lay open the secrets of government, no time can ever be proper or convenient for such inquiry, because it is Impossible to suppose a time when the gov- . ernment has no secrets to disclose. This, sir, would be a most convenient doctrine for ministers, because it would ,put,an end to all parliamentary inquiries into the conduct of our public affairs; and, therefore, when I hear it urged, and so much insisted on, by a certain set of gentlemen in this House, I must suppose their hopes to be very extensive. I must suppose them to expect thsit they and their posterity will forever continue in office. Sir, this ■ doctripe has been so often contradicted by experience, that I am surprised to hear it advaiiced bv gen- tlemen now. This very session has afforded us a convincing proof that very little foundation ex- ists for assorting, tliat a -parliamentary inquiry must necessarily reveal the secrets of the gov- ernment. Surely, in a war with Spain, which must be carried on principally by sea, if the government have secrets, the Lords of the Ad- miralty must be intrusted with the most import- ant of them." Yet, sir, in tliis very session, we have, Vv'ithout any secret committees, made in- quiry into the ponduct of the Lords Commis- sioners of the Admiralty. We have, not only inquired into their conduct,, but we have cen- sured it in such a manner as to put an end to the trust which was before reposed in them. Has that inquiry discovered any of , the secrets of our government ? Oft the contrary, the com- njittee found that there was no occasion to probe into such secrets. They found cause enough for censure without it ; and none of the Commission- 90 LORD CHATHAM AGAINST [1748. ers pretended to justify their conduct by the as- sertion that the papers contained secrets wmeh oufiht not to be disclosed. This, sir, is so recent, so strong a proof that there is no necessary connection between a par- liamentary inquiry and a discovery of secrets which it 'behooves the nation to conceal, that I trust gentlemen will-no longer insist upon this danger as an aif'gument against the inquiry. Sir, the First Commissioner of the Treasury has nothing to do with the application of secret serv- ice money. He is only to take care that it be regularly issued from his office,, and that no more be issued than the conjuncture of affairs appears to demand. As to the pai-tioular application, 4t properly belongs to the Secretary of State, or o such other persons as his Majesty employs. Hence we can not suppose the proposed inquiry will discover any secrets relative to the aippliea- tion of that money, unless the noble lord has iicted as Secretary of State, as well as Fjrst (Commissioner of the Treasury ; or unless a great part of the money drawn out for secret service, has been delivered to himself or persons em- ployed by him, and applied toward gaining a corrupt influence in Parliam^ent or at elections. Of both these practices he is most grievously suspected, and both are secrets which it very. much behooves him, to conceal. But, sir, it equally behooves the nation to discover them. His country and he are, in this cause, equally, Although oppositely concerned. . The safety or ruin of one, or the other depends upon the ,fate of the question ; and the violent opposition which this question has experienced adds greaf strength to the suspicion. . I admit, sir, that the noble lord [Walpole], whose conduct is now prpposed to be inquired into, was ot>e of his Majesty's most honorable Privy Council, and consequently that he must have had a share at least iti advising all the measures which have been pursued .both abroad and at home. But I can not from this admit, that an inquiry into his conduct must necessa- rily occasion a discovery of any secrets of vital importance to the nation, because we are "not to ■ inquire into the measures themselves. But, sir, suspicions have gone abroad relative to his conduct as a Privy Counselor; Which, if true, are of the utmost consequence to be in- quired into. It has been strongly asserted that he was not only a Privy Gounse!or,'but that he usurped the whole arid sole direction of his Maj- esty's Privy Council. It has been asserted that he gave {he Spanish court the 'first hint of the unjust claim they afterward advanced against our South Sea Company, Vfhich was one chief cause of the war between the two nations. And it has been asserted that this very minister has advised the French in what fhanner to proceed inorder to bring our Court into their measures ; particularly, that he advised them as to the nu- merous army they have this last summer sent into Westphalia. What truth there is in these assertiohs, I pretend not to decide. The facts are of such a nature, and they must have been perpetrated with so much caution and secrecy, that it will be difficult to bring them to light even by a parliamentary inquiry ; but the very suspicion is ground enough for establishing such inquiry, and ' for carrying it on with the utmost strictness and vigor. Whatever my ojiinion of past measures may be, I shall never be. so vain, or bigoted, to that opinion, as . to determine, without any inquiry, against the rh^ority of my countrymen. If 1 found the public measures generally condemned, let my private opinions of them be ever so fa- vorable, I should be for inquiry in order to con- vince the people of their error, or at least to fur- nish/myself with the most authentic arguments in favor of the opinion I had embraced. The desire of bringing others into the same senti- ments with ourselves is so natural, that I shall alvVays suspect the candor ofnhose who, in poll- , tics' or religion, are opposed to free inquiry. Be- sides, sir, when the complaints of the people are general against an administration, or against any particular minister, an inquiry is a dqty which we owe both to ourisovel-eign and the peoffle. We meet here to communicale to our sovereign the sentirnents .of his people. We meet here to redress the grievances of the peo- ple. By performing our duty in both respects, we shall always be enabled to establish the . throne of our sovereign in the hearts of his peo- ple, and to hinder the people from being led into insurrection and rebellion by misrepresenta- tions or false surmises. When the people com- plain, they must either be rjght or in error. If they be right, we are ' in duty bound to inquire into the conduct of the ministers, and to punish those who appear to have been most guilty, ilf they be in error, we ought still to inquire into the conduct of our piinisters, in order to convince the people that they have been misled. We ought not, therefore, in any question relating to inquiry, to be governed by our own sentimefits. We must be governed by the seritiments'of our constituents, if we are resolved to perform our duty, both as true representatives of the people, and as faithful subjects of our King. , I perfectly agree with the honorable gentle- man, that if we are convinced that the public measures are wrong,' or that if we suspect them to be so, we ought to make inquiry, although there is not much complaint among the people. But I wholly differ- from him ifl thinking that notwithstanding the administration and the miit- isterare the subjects rbf complaint among the people, we ought not to make' inquiry into his conduct unless we are ourselves convinced that his measures have been wrong. Sir, we can no tnore determine this question without in- quiry, than a judge without a trial can declare any man -innocent of a crime laid to his charge. Common fame is a sufficient ground for aii in- quisition at common law ; and for the same rea- son, the general voice of the people of England ought always to be regarded as a sufficient ground for a parliamentary inquiry. But, say gentlemen, of what is this minister . ,1742.] SIR ROBERT WALPOLE. 01 accused? What erinieas laid to his charge? For, unless, some misfortuiwi is said to have hap- pened, or sortie crime to have been committed,' no inquiry ought to be set on foot. • Sir, the ill posture of our affairs both abroad and- at home ; the melancholy situation we are in j the distress- es to which we are now reduced, are sufficient causes for an inquiry, even supposing the minis- ter accused of no.particular crime or misconduct. The nation lies bleeding, perhaps expiring. The balance of power has been fatally disturbed. Shall we acknowledge this to be the case, and shall we not inquire whether it has happened by mischance, or by the misconduct, per^iaps by the malice prepense, of the minister? Before the Treaty of Utrecht, it was the general opinion that in a few years of peace we should be able to pay off most of our debts. We have now been very nearly thirty years in • profound peace, at least Ve have never been engaged in any war but what we unnecessarily brought upon oiirselves, and yet our debts are almost as great as they were when that treaty was concluded.' Is not this a misfortune, and shall we not make inquiry into its cause ? I am surprised to hear it said that no, inquiry ought to be set on foot unless it is known that some public crime has been committed. Sir, the suspicion that a crime has been committed has always been deemed, a sufficient reason for instituting an inquiry. And is- there riot now a suspicion that the public money ha;s been a,pplied toward gaining a corrupt influence at'elections ? Is it not become a common expression, " The flood-gates of the Treasury are opened against a general election?" I desire no more than that every gentleman who is conscious that sileh^ practices have been resorted to, either for or against him, should give his vote in favor of the motion. Will any gentleman say that this is no crime, when even private corruption has spch high penalties infficted by express statute against it ? Sir, a. minister who commits this crime — who thus abuses the public money, adds breach of trust to the crime of corraption ; and as the crime, when committed by him, is of much more dangerous consequence than when 9ommitted by a private man, it becomes more properly the ob- ject of a parliamentary inquiry, and merits the severest punishment. The honorable gentleman may with much more reason lell us that Porte- ous was never murdered by the mob at Edin- buj-gh, because, notwithstanding the high reward as well as pardon proflcred, his murderers^ were never discovered,'' than tell us that we can not ' 5ebt on the accession of George ' the First, in 1714 ^. £54,145,363 ' Debt at the commencement of the Spanish war, in 1739 £46,954:623 Decrease daring t^le peace .. £7,190,740 ' The case of Porteous, here referred to, was the one on which Sir Walter Scott founded his "Heart of Midlothian." Porteous had been condemned to death for iiring on the people of Edinburgh, but was reprieved at the moment when the execution was to have taken place. Exasperated at this, the mob, suppose our minister, either personally or by oth- ers, has ever corrupted an election, bebause no information has been brought against him. Sir, nothing but a pardon, upon the conviction of the offender, has ever yet been offered in this ease ; and how could any informer expect a pardon, and much less a rewarrd, when he krtew that the very man against- whom he was to inform had not only the distribution of all public rewards, but the packing of a jury or a Parliament against him ? While such a minister preserves the fa- vor of the Crown, and thereby the exercise of its power, this information, can never be expected. This shows,' sir, the impotence of the act, mentioned by the honorable gentleman, respect- ing that sort of corruption which is called brib- ery. With regard^to the ofher sort of corrup- tion, which consists in giving or taking away those posts, pensions, or prefprmenJSi'which de- pend upon the' arbitrary will of the Crown, the act is still more inefficient. Although it 'would be considered most indebent in a minister to tell any man that he gav^ or withheld a post, pen- sion,, or preferment, on account of his voting for or against any ministerial measure in Parliament, or any ministerial candidate at an election ; yet, if he makes it his constant rule never to give a post, pension, or preferment, but to those who vote for his measures and his; candidates ; if he makes a few examples of dismissing these who vote otherwise, it. will have the same effect as when he openly declares it.^ Will any gentle- man say that this ha^-jiot been the practice of the minister?. Has he not declared, in the face of this House, thathe will continue the prac- tice ? And will not this have the same effect as if he went separately to every particular man, and told him in express terms, " Sir, if you vote for such a measure or such a candidate, you shall have the first preferment in the gift of the Crown ; if you vote otherwise, you must not ex- pect to keep what you have ?" Gentlemen may deny that the sun shines at noon-day ; but if they have eyes, and do not willfully shut them, or turn their backs,' no man will believe them to be ingenuous in what they say. I think, therefore, that Jhe honorable gentleman was' in the right wljo endeavored to justify the practice. It was more candid than to deny it. But as his argu- ments have already been fully answered, I shall not farther Biscuss them. ■ Gentlemen exclaim, " What I will you take from the Crown the power of preferring or cash- iering the officers of the arrny ?" No; sir, this is neither the design, nor will it be the effect of our agreeing to the motion. The King at pres- a few nights after, broke, open his prison; and hang- ed him on the spot where he had fired. A, reward of £200 was offered, but the perpetrators could not be discovered.- ' It will be recollected that, in consequence of his parliamentary opposition to Sir RobertWalpole, Ml'. Pitthad been himself dismissed from the army. The Duke of Bolton and Lord Cohham had also, for a similar reason, been deprived of the command of their regimerits. 93 LORD CHATHAM AGAINST SIR ROBERT WALPOLE. [1742. ent possesses the absolute power to prefer or cashier the officers of our array. It is a prerog- ative which he may employ for the benefit or safety of the public ; but, like other prerogatives, it fnay he abused, and when it is. so abused, the minister is responsible to Parliament. When an officer is preferred or Cashiered for voting in fa- vor of or against any court measure or candidate, it is an abuse of this prerogative, for which the minister is answerable. We may judge from circumstances or outward appearances — from these we may condemn, and I hope we hive still a power to punish a minister who dares toi advise the King to prefer or cashier from such motives ! Sir, whether this" prerogative ought to remain as it is, without any limitation, is a questioh foreign to this debate. But I must ob- ^ervBj that the argument employed for it might, with equal justifee, be employed for giving our King aii absolute power over every man's prop- erty ; because a large property will always give the possessor a bommand over a great body of men, whom he may arm and discipline if he pleases. I know of no law to restrain hnn-^I hope none will ever exists— I wish our gentlemen of estates would make more use of this power than they do, because it would tend to keep our domestic as well as our foreign enemies in awe. For my part, I think that a gentleman who has earned his commission by lii^ services (in his military capacity,, I meaji),'^or tought it with his money, has as much a property in it as any man has in his estate, and ought to have it as vrell secured by the laws of his country. While it remains at the absolute yill of the Crown, he must, unless he has some other estate to depend on, 5)6 a slave to the minister ; and if the officers of our army long continue in that state of slavery in which they are at present, I am afraid it will make slaves of us all. The only method to prevent this fatal conse- quence, as the law now stands, is to make the best and most constant Use of the pov^er we pos- sess as members of this House, -to prevent, any minister from daring to advise the King to m'ake a bad use of his'prerogative. As there is such a strong suspicion that this minister has done so, we ought certainly to inquire into it, not only for the sake of punishing him if guilty,ibut as a ter- ror to all future ministers. ' This, sir, may therefore be justly reckoned among the many other sufficient causesfor the inquiry proposed. The suspicion that the civil list is greatly in debt is' another ; for if it is, it must either have been misapplied, or profusely thrown away, which Abuse -it is our duty both to prevent fljid to punish. It is inconsistent with the honor, of this nation that the King should stand ihdebted to his servants or tradesmen, who may be ruined by delay of pa,yment. The Parliament has provided sufficiently to prevent this dishonor frombeing brought upon the na- tion) and, if the provision we have made should be lavished or misapplied, we must supply the deficiency. We ought to do it, whether the King makes any application for that purpose or not ; and the reason is plain, because we ought first to inquire into the management of that revenue, and punish those who have occasioned the defi- ciency. They will certainly choose to leave the creditors of the Crown and the honor of the na- tion in a state of suffering, rather than advise thfe King to make an application which may bring censure upon their conduct, and condign punishment upon themselves. Besides this, sir, another ahd a stronger reason exists for prorabt- ing an inquiry. There is a strong suspicion that the public money has been applied toward corrupting voters at elections, and members when elected ; and if the civil list be in debt, it ajfbrds reason to presume that some part of this , revenue has, under the pretense of secret service money, been applied to this infamous purpose. I shall conclude, sir, by making a few remarks upon the \ast argument advanced against the proposed inquiiy. It has been said that the min- ister delivered in his accounts annually ; that these accounts were annually passed and ap- proved by Parliament; and that therefore it would be unjust to call him now to a general account, because the vouchers may be lost, or many expensive transactions have escaped his memory. It is true, sir, estimatej'and accounts were annually delivered in. The forms of pro- ceeding made that necessary. But were any of - these estimates and accounts properly inquired into ? . Were not all questions of that desojip- tion rejected by the minister's friends in Parlia- ment ? Did not Parliament always take them upon trust, and pass them without examination? Can such a superficial passing, to call it nd worse, be deemed S reason for not calling him to a new and general account ? If the steward to an infiint's estate should annually, for'twenty years together, deliver in. his ■ accounts to the guardians ; a;nd thp guardians, through negli- gence, or for a share of the plunder, should an- nually pass his accounts without examination, or at least without objection ; would that be a rea- son. for saying that it vrould be unjust in the in- fant, when he came of age, to call his steward to account? Especially if that steward had built and furnished -sumptuous palaces, living, during the whole time, at a much greater ex- pense than his visible income warranted, and yet ^massing great riches ? The public, sir, is al- ways in a state of infancy ; therefore no pre- scription can be pleaded against it — not even a general releeise, if there is the least cause for supposing that it was surreptitiously obtained. Public vouchers ought always to remain on rec- ord ; ,nor ought any public expense to be incur- red without a voucher — ^therefore the case of the public is still stronger than that of an infant. Thus, sir, the honorable gentleman who made use of this objection, must see how little it avails in the case before us ; and therefore I trust we shall have his concurrence in 'the question. The motion prevailed by a majority of seven. A committee of twenty-one was appointed, com- posed of Walpole's politic^.! and persohal oppo- 1742.] LORD CHATHAM ON THE HANOVERIAN TROOPS. 93 nents. They entered'on the inquiry with great zeal and expectation. But no dooumentary proofs of importance could be found. Witnesses were called up for examination as to their trans- actions with the! treasury ; but they refused to testify, unless previpusly indemnified against the consequences of the evidence they might be re- quired to give. The House passed a bill of in- demnity, but the Lords rejected it, as dangerous in its tendency, and calculated to invite accusa- tion from peculators and others, who might -wish to cover their crimes by making the minister a partaker in their guilt. " The result of all their inquiries," says Cooke," was charges so few and so ridiculous, when compared with those pat for^ ward at the commencement of the investigation, that the promoters of the prosecution were them- selves ashamed of their work. Success was found impracticable, and Lord Orford enjoyed hie honors unmolested."^Hist. of Party, ii., 316. SPEECH OF LORD CHATHAM ON TAlCING THE HANOVERIAN TROOPS INTO.THE PAY OF GREAT BRITAIN, , DELIVERED IN THE HOUSE OF COMMONS, DEC. 10, 174^. INTaODUCTION. George II., when freed from the trammels of Walpole's pacific policy, had a silly ambition of appear- ing on the Continent, like W;iIUam III., at the head of a confederate army against France, while he sought, at the same time, to defend and aggrandize his Electorate of Hanover at the expense of Great Britain. In this he was encouraged by Lord rCarteret, who ^succeeded Walpole as prime minister. ^ The King therefore took sixteen thousand Hanoverian troops into British pay', and sent them with a large English force into Flanders. His object was to create a diversion in favor of Maria Theresa,' queen of Hungary, to whom the English were now affording aid, in accordance vvith their guarantee of the Pragmatic. Sanc- tion.' Two subsidies, one of jE300,000 and another of .£500,000, had already been transmitted for her re- lief; and so popular was her cause in England, that almost any sum would have been freely given. But there was a general and strong opposition to the King's plan of shifting the btirdena of Hanover on to the British treasury. Mr. Pitt, who •concurred in these views, availed himself of this opportuiiity to come out as the opponent of Carteret. He had been neglected and set aside in the arrangements which were made after the fall of Walpole ; and he was not of a spirit tamely to bear the arrogknce of the new min- ister.' Accordingly, when a motion was maije to provide for the payment of the Hanoverian troops, ho deUvered the following speech, in reply to Henry Fox, who had said that he should "contmue to vote for these measures till better could be proposed." ^ SPEECH, &c. Sir, if the honorable gentleman determines to abandon his present sentiments as soon as any better measures are proposed, the ministry will quickly be deprived of one of their ablest defend- ers ; for I consider the measures hitherto pur- sued so weak and so pernicious;- that scarcely any alteration can be proposed that will not be for the advantage of the nation. ,, The honorable gentleman has already been in- formed that no necessity existed for hiring auxil- iary troops. It does not appear that either justice or policy required us to engage in the quarrels o? the Continent ; that there was any need of forming an army in the Low Countries ; or that, in order to form an army, auxiliaries were necessary. But, not to dwell upon disputable points, I think it may justly be conclu,ded that the meas- ures of our ministry have been ill concerted, be- cause it is undoubtedly wrong to squander the public money without effect, and to pay armies, only to be a show to our friends and a scorn to our enemies. , . The troops of Hanover, whom we are now ex- pected to pay, marched into the Low Countries^ sir, where they still remain. They marched to ' See note to Walpole's speech, p. 40. the place most distant from the enemy, least in danger of an attack, and most strongly fortified, had an attack been designed. They have, there- fore, no other claim to be paid, than that they left their own country for a place of greater se- curity.. It is always reasonable to jud^e of the future by the past ; and therefore it is probable that next year the services of these troops will not be of equal importance with those for which they are now to be- paid. I shall not, therefore, be surprised,' if, after such another glorious cam- paign, the opponents of the ministry be chal- lenged to propose better measures, and be told that the money of this nation can not be more properly employed than in hiring Hanoverians to eat and sleep- But to prove yet more particularly that better measures may be taken — that more useful troops may be retained — and that, therefore, the hon- orable gentleman may be expected to qjiit those to whom he now adheres, I shall show that, in hiring the forces of Hanover, we have obstruct- ed our own designs; that, instead of assisting the Queen of Hungary j^ we have withdrawn from her a part of the allies, and have burdened the nation with troops from which no service can reasonably be expected. 94 LORD CHATHAM ON THE HANOVERIAN TROOPS. [1742. The advocate-s of the ministry have, on this occasion, affected to' speak of the balance of pow- er, the Pragmatic Sanction, and the preservation of the Queen of Hungary, not only as if they were to be the chief care of Great Britain, which (although easily, controvertible) might, in com- pliance with long pi-ejudices, be possibly admit- ted ; but as if they were to be the care of Great Britain alone. These advocates, sir, ha.ve spolc- en as if the power of France were~ formidable to no other people than ourselves;; as if no other part of the world would be injured by becoming a prey to a universal monarchy, and subject to the arbitrary government of a French deputy ; by being drained of its inhabitants only to extend the conquests of its masters, and to make other nations equally wretched ; and by being oppressed ■with exorbitant taxes, levied by military execu- tions, and employed only in supporting the state of its ofipressor*. They dwell upon the import- ance of public faith and the necessity of an exact observation^of treaties, as if the Pragmatic Sanc- tipn had been signed by no other potentate than the King of Great Britain,; as if the public faith were to be obligatory upon ourselves alone. That we should inviolably observe our treat- ies — observe them althougli every other nation should disregard ^them; that we should show an example of fidelity to mankind, and stand, firm jn the practice- of virtue, though we should stand alone, I readily allow. I am, therefore,''far from advisitig that we should recede from our stipu- lations, whatever we may suffer in their fulfill- ment;' or that we should neglect the support of the Pragmatic Sanction, however we may-be at present embarrassed, or however, disadvanta- geous may be its assertion. But surely, sir, for the same reason that we observe our stipulations, we ought to excite qther pdwei's also to observe their own ; at the lesist, sir, we ought not to assist in preventing them from doing, so. But liow is our present conduct agreeable to these principles ? The Pragmatic Sanction was guaranteed^ not oiAy by the King of Great Britain, but by the Elector of Hanover also, who (if treaties constitute obligation) is thereby. equally obliged to defend the house of Austiria against the attacks ofany foreign pow- er, and to send his proportion of troops for the Queen of Hungary's support. ' Whether these trpops have been sent, those whose province obliges them to possess s6me knowledge of foreign affaiirs,-are better able to inform the House than myself. But, since we have not heard them mentioned ii) this debate, and since we know by experience that none of the merits of that Electorate are passed over in silence, it may, I think, be concluded that the distresses of the Queen of Hungary have yet re- ceived no alleviation from her alliance with Hanover; that her complaints have excited no compassion at that court, and that the justice of her cause has obtained no attention. To what can be attributed this- negligence of treaties, this disregard of justice, this defect of compassion, but to the pernicious counsels of those who have advised his Majesty to hire and to send elsewhere those troops which should have been employed for the Queen of Hungary's assistance. It is not to be. imagined, sir, that his Majesty has more or less regard to juslibe. as king of Great Britain, than as Elector of Hanover; or that he would not haTe sent his proportion of troops to the Austrian army, had not the temptation of greater profit been laid in- dustriously before him. But this is not all that may be urged against such conduct. For, can we imagine that the power, that the designs of France, are less~ formidable to Hanqver than Great Britain ? Is it less necessary for the se- curity of Hanover than of ourselves, that the house of Austria should be re-established it its former splendor and influence, and enabled to support the liberties of Eijrope. against the enor- mous attempts at universal monarchy by France ? If, therefore, our assistance to tlie Queen pf Hungary be an act of honesty, and granted in consequence of treaties, why may it not be equally required of Hanover ? If it be an act ot generosity, why should this country alone be obliged to sacrifice Ijer interests for those of oth- ers? or why should the Elector of Hanover exert his liberality at the expense of Great Britain ? It is now too apparent, sir, that this great, this powerful, this mighty nation, is considered only as a province to a despicable Electorate ; and that in consequence of a scheme formed long ago, aiid invariably pursued, these troops are hired only to drain this unhappy country of its money. That they ha'^e hitherto been of no use to Gi-eat Britain or to Austria, is evident beyond a doubt; and therefore it is plain that they are retained only for the purposes of Hano- ver. How much reason the transactions of-alniost every year have given for suspecting this ab- surd, ungrateful, and perfidious partiality, it is not necessary to declare. I doubt not that most of those who sit in this House can recollect a greaS; number of instances in point, from the purchase of- part of the Swedish dominions, to the contract which we are now called upon to ratify. Few, I think, can have forgotten the memorable stipulation Tor the Hessian troops: for the forces of the Duke of Wolfenbuttle, which we were scarcely to march beyond the verge of their own country ; or the ever memorable treaty, the tendency of which, is disooveied in the name. A treaty by which we disunited om'- selves from Austria; destroyed that building which we now endeavor, perhaps in vain, to raise again; and weakened the only power to which it was our'interest to give .strength. To dwell oh all the instances of ^ partiality which have been sliown, und the yearly visits which have beenpaid^ to that delightful conntry ; to reckon up all the sums that have been spent to aggrj^ndize and enrich it, would be an irksome and invidious task-^invidious to those who are afraid to be told the truth, and irksome to those who are unwilling to hear of the dishonor and injuries of their country. I shall not dwell far- 1743] LORD CHATHAM ON A MOTION FOR AN ADDRESS. 95 ther on this itnpleasihg subject than to express my hope, that we shall no longer suffer ourselves to be-deoelved and oppressed : that we shall at length perform our duty as representatives of the people : and, by refusing to^ ratify this con- tract, show, that however the interests of Han- over have been preferred by the ministers, the Parlidraent pays no regard but to the interests of Great Britain. The motion was carried by a considerable majority ; but Mr. Pitt's popularity was greatly increased throughout the coilntry by his resist- ance of this obnoxious measure, SPEECH OF LORD CHATHAM ON A MOTION FOR AN ADDRESS OF THANKS AFTER THE BATTLE OF DET- TINGEN, DELIVERED IN THE HOUSE OF COMMONS, DECEMBER 1, 1743. ; INTRODUCTION. The battle of Dettingen was the last in which any English monarch has appeared personally in the fipld. It was fought near a village of this name in G-ermany, on the banks of the Mayn, between Mayence and Frankfort, on the 19th of June, 1743. The allied army,, cbnsisting-of about thirty-seven thousand En- glish and Hanoverian troops, was commanded, at the time of this engagement, by George II. Previous to his taking the command, it had been brought by mismanagemeht ii;ito a perilous condition, being liem- med in between the River Mayn on the one side and a range of precipitous hills on the other, and there reduced to great exti'emities for want of provisions. The Frqnch, who occupied the opposite side- of the Mayn in superior force, seized the. opportunity, and threw a force of'twenty-three thousand men across the river to cut off the advance of the allies through the defile of Dettingen, and shortly after sent twelve thousand more into their rear, to preclude the possibility of retreat. The- position of the French in front was ibiprggnable, and, if they had only retained it, the capture of the entire allied ^rmy would have been inevitable. But the eagerness of Grammont, who commanded the French in that quarter, drew him off from his vantage ground, and induced him to give battle to the allies gn more equal terms. When- the engagement ing would now satisfy us but a conquest of Alsaoe and, Lorraine in, order to give them to the Queen of Hungary, as an equivalent '^for what she had lost. And this we resolved on, or at leaist pre- tended to resplye on, at a time when, France and Prussia were in Close conjunction ; at a time vKhen no one of the powers o{ Europe opuld as- si,st us ; at a tinie when none of theni entertained a jealousy of the ambitious designs of France ; and at a time when most of the princes of Ger- many were so jealous of the power of the hpuse of Austria, that we bad great reason to appre- hend that the most considerable of these would join against us, in case we should meet with any success. 1 Sir, if our ininisters ^yere really serious in this scheme, it was one of the, most rom^mtic that ever entered the head of an English Quixote. But if they made it Qpjy a pretext for putting this nation to the expense pf maintaining six- teen thousand Hanoverians, or of acquiring some new territory for the Electorate of Hanover, I am sure jio British J^puse of Commons can ap- prove their conduct. . It is absurd, sir, to say tha.t we could not advise the Queen of Hungary to accept of the terms offered Jbj the Emperor ,and France, at_a time when' thei.i: troops were cooped up in the ,city of Prague, and' when the terms were offered, with,ia view only to get their troops at liberty, and to take the first opportu- nity to attack her with more vigor. This, I say, is absurd, because, had she accepted the terms proposed, she might have had them guaranteed by the Dutch, by the German body, and by all the powerful princes of Germany ; \yhich would have brought all thfese powers intp a confpderacy with us against the Emperor and France, if they had aftervvard attacked her in Germany ; .and all of them, but especially th? Dutch, ^anit^he King -of Prussia, would have been ready to join us, had the French attacked her in Flanders. It is equally absurd to ^ay' that she could not accept of these terms, because they contained nothing for the security of her dominions in Italy. ,'For suppose the war had opntihued in Italy, if the Queen of Hungary had been safe upon the side of Germany, she could have jioured such a num- ber of troops into Italy as would have been suffi- cient to oppose and Jefiiaf all the arhiies that both the French and Spaniards could send to and 100 LORD CHATHAM ON A [1743 maintain in that country ; since we Could, by our superiof fleets, have made it impossible for the French and Spaniards- to maintain great armies in that country. No other reason can therefore be assigned for the Queen of Hungary's refusal of the terms proposed to her for restoring the tranquillity of Germany than this alone,- that we had promised to assist her so effectually as to ena^)le her to conquer a part of Fralnce, by way of equivt^lent for what she had lost- in Germany and Italy. Such assistance it was neither our interest nor in our power to give, considering the circum- stances of Europe. I am really surprised that the Queen of Hungary came to trust a second time to our promises ; for I may venturei to prophesy that she will find herself again deceiv- ed. We shall put ourselves to a vast unneces- sary expense, as we did whein she was first at- tacked by Prtissia; and without being able to raise a jealousy in the other powers of Eurctpe, we shall give France a pretense for conquering Flanders, which, otherwise, she would not have done. _ We may bring the Queen of Hungary a second time to the verge of destruction, and leave her there ; for that we certainly shall do, as soon as Hanover comes to be a second time in danger. From all which I must conclude, that our present scheme of politics is ifundament- ally wrong, and that the longer we continue to build upon such a foundation, the. more danger- ous it will be for us. The whole fabriij will in- volve this unfortunate nation in its ruins. III. But now, sir, let us see how we have cohiiuct of prosecuted this scheme, bad as it is, dur- thewar. jj,g jj^g last campaiCTU. As this nation rnust bear the chief part of tiie expense, it was certainly our business to prosecute the war with all possible vigor ; to come to action as soon as possible, and to push every advantage to the ut- most.' Since we, soon found that we could not attack the French upon the side of Flanders, why were our troops sb long riiarching ,into Germany? Or, indeed, I should ask, why our armies, were not first asscmbleci in that country? Why did they continue so long inactive upon the Mayn ? If our army was not nunierous enough to attack the French, why were the Hessians left behind for some time in Flanders ? . Why did we not send over twenty thousand of those regular troops that were lying idle here at honie ? How to answer all those questions 1 can not tell ; but it is certain we never thought of attacking the French army in oup neighbor- hood, and, I believe, expected very little to be attacked ourselves. Nay, I doubt mupji if any, action would have happened during the whole campaign, if the French haJnot, by the misoour duct of some one or other of our generals, caught our army in a' hose-net, from which it could not have escaped, had all the French generals ob- served the direction of their commander-in-chief ; had they thought, only of guarding and fortifying themselves in Jhe defile [DettingenJ, and not of marching up to attack our troops.. Thank God, sir, the courage of some of the French generals got the better of their discretion, as well as pf their military discipline. This made them at- tack, instead of waiting to be attacked ; and then, by the bravery of the English foot, and the cow- ardice of their own, they met with 'a severe re- pulse, which put thfeir whole army into confu- sion, and obliged them to retire with precipita- tion across the, Mayn. Our army thus escaped" the snare into which they had been led, and was enabled to pursue its retreat to Hanau. , This, sir, was a signal advantage ; bat was it followed up ? Did we press upon the en^my in their precipitate retreat across a great river, where many of them must have been lost had they been closely pursued? Did we endeavor to take the least advantage of the confusion into which their rinexpeoted repulse had thrown them ? No, sir ; the ardor of the British froops was restrained by the cowardice of the Hano- verians ; and, instead of pursuing the enemy, we ourselves ran away in the night with such haste that we left all our wounded to the mercy and care Of the enemy, who had the honor of bury- ing our dead as well, as their own. This action may, therefore, on our side, be called. a fortunate escape '; I shall never give my consent to honor it with the name of victory. After this escape, sir, our army was joined by a very large re-enforcement. - JDid this revive our courage, or urge us oh to give battle ? Not in the least, sir; though the French continued for some time upon the German side of the Rhine!,' we never offered to attack them, or^to give them the least disturbance.' At last, upon Prince Charles's ■approach with the Austrian army, the French not onljr repassed the Rhine, but retired quite out of Germany. And as the Austrian army and the allied army might then have jom- ed, and might both have passed the Rhine witH- out opposition at Mentz, or almqst any where in the Palatinate, it was- expected that both ar- mies would have marched together into Lor- raine, or, in search of the French army, in order to force them to a battle. Instead of this, sir, Prince Charles marched up the Gerinan side of the Rhine-^to do what? To pa,ss that great river, iri the sight of a French army equal '" number to his own, which, without some extra- ordinary neglect in the French, was impractica- ble ; and so it was found by experience. Thus the whole campaign upon that side was con- sumed in often attempting what so often appear- ed to be impracticable. On the other side; — I mean that of the allied army — was there any thing of consequence per- formed ? I know of nothing, sir, but that of sending ^ party of hussars into Lorraine with a manifesto. The army, indeed, passed the Rhine at Hentz, and marched up to the French lines upon the frontier of Alsace, but never offered to pass those lines until the French had abandoned them, I believe with a design to draw our army into some snare ;' 'for, upon'. the return of the French toward tljose' lines, we retired with much greater haste than we had advanced, though the Dutch auxiliaries were then come up and pre- 1743.] MOTION FOJl AN ADDRESS. lOJ tended, at least, to be ready to join our army. I have heard, however, that they, found a pre- text for never coming into the line ; and I doubt much if,th«y would have marched with us to at- tack the French army in their own territories, br to invest any of the fortified places ; for I must observe that the French lines upon the Queioh were not all of thetti. within the territories of France. But suppose this Dutch detachment' had been ready to march with us to attack the French in their own territories, or to invest some of their fortified places, I can not join fn any congratulation upon that event ; for a small de- tachment of Dutch troops can neyer enable us to execute the vast scheme we have undertaken. The whole force of that republic would not be sufficient for the purptjse, because we should have the majority of the empire against us ; and, -therefore, if the Dutch bad joined totis viribn^ in our scheme, instead of congratulating, I should liave bemoaned their running mad by our exam- ple, and af.our instigation. ly. Having now briefly examined our "past Prospect, for conduot, from the few remarks I have ii>e fuiure. ^ade, I believe, sir, it will appear that, supposing our scheme to be in itself possible and pi;acticable, we have no reason. to hope for suc- cess if it be not proseeuted with more vigor and with better conduct than it was during the last campaign. While we continue in the prosecu- tion of this scheme, whoever may lose, the Han- overians will be considerable gainers. They will draw four or five hundred thousand pounds yearly from this nation over and above what they have annually drawn, ever since they had the good fortune to be united under the same sovereign with ourselves. But we ought to con- siders—even the Hanoverians ought to considei" -r-that this nation is not now in a condition to carry on an expensive war for ten or twelve years, as it did i^i the reign of Queen Anne. We may fund it out for one, two, or three years ; but the public debt. is now so large that, if we go on adding millions to it every year, our credit will at last .{sooner, I fear, than some among us may imagine) certainly be undone ; and if this misfortune should occur, neilher Hanover nor any other foreign state would bi able to draw another shilling from the country. A stop to our public credit would put an end to our paper currency. A universal bankruptcy woijld en- sue, and all the little ready' money left among us would be locked up in iron chests, or hid in by-corners by the happy possessors. It would then be impossible to raise our taxes, and conse- quently impossible to maintain either fleets or armies. Our troops abroad would be obliged to enter into the service of any prince that could maintain them, and our troops at home would be obliired to live upon free quarter. But this they could not do long ; for the farmer would neither sow nor reap if he foimd his produce taken fro;n him by the starving soldier. In these circum- stances, 1 must desire the real friends of' our 3 With all their forccB, present, happy establishment to consider what might be the consequence of the Pretender's landing among us at the head of a French army. Would he nbt be loojced' upon by most men as a savior? Would not the majority of the people join with him, in order to rescue the nation from those that had brought it into such confusion? This danger, sir,. is, I hope, imaginary, but I am sure it i? far from being so iraagihary as that which has been held out in this debate, the dan- ger pfall the powers of the continent of Europe being brought under-such a^ slavish dependence upon France as to join with her in conquering this island, or , in bringing it under the same slavish dependence with themselves. I had almost forgotten, sir- (I wish future na- tions may forget), to 'mention the Treaty of Worms.* I wish that treaty coilld be erased from our annals and our records, so, as never to be mentio^ied hereafter : for that treaty, with its appendix, the convention that followed, is one of the most destructive, unjust, and absurd that was ever concjluded. By thUt treaty we haye taken upon ourselves a burden whieh I think it impos- sible for us to support ; we JiaVe engaged in such an act of injustice toward Genoa as must alarm all Europe, and give to the French a most signal advantage. From this, sir, all the princes of Europe will see what, regard we have to jus- tice when we think that the power is on our side ; most of them, therefore, will probably join with France in curtailing our power, or, at least, in preventing its increase, j * The Treaty of Worms was an offensive and de- fensive alliance, cbncluded on the Hd of Septembe/, 1743, between England, Austria, and Sardinia'.' By it the Q,neeh of Hungary agreed' td transfer to the King of Sardinia the, city and part of the duchy of Plaoentia, the Vigevanesco, part of the duchy of Pa- via, and the, county of Anghiera, as ,weU as her claims to the marquisate of Finals, which had been ceded to the Genoese by' the late Emperor Charles 'VT. for the sum of 400,000 golden crowns, for which it bad been previously mortgaged. - The £lueen of Hungary also engaged to maintain 30,000 men in Italy, to be commanded by the King of Sardinia. Great Britain agreed to pay the sum of £300,000 for the cession of Finale, and to furnish an annual sub- sidy of £200,006, on. the condition that the King of Sa),'dinia shbuld employ 45,000 men. In addition to sUpplying^these sums. Great Britain agreed to send a strpng squadron into the Mediterranean, to act in tioncert with the allied forces. By a separate and secret convention, agreed to at the same time and place as the treaty, but which was never ratified nor publicly avowe^, it was stipulated that Great Britain should 'pay to the dueen of Hungary an an- nual subsidy of £300,000, not merely during the war, but so long " as the nedessity of her affairs should require." The terms of the Treaty of Worms rela- tive to the "cession of the marquisate of I'inale to Sardinia were particularly unjust to the Genoese, since that territory had been guaranteed to them by the fourth article of the , Quadruple Alliance, con- cluded on the 2d of August, 1718, between Great Britain, France, Austria', and Holland. — Coxe's Aus- tria, diap. civ. Lord Mahon's Hist, of England, vol. iii., p. 231. Belsham's Hist, of England, vol. iv., p. 82, et seg. 102 LORD CHATHAM ON THE [1766 The alliance of Sardinia and its assistance may, 1 admit, be of great ase to us in defeating the designs of the Spaniards in Italy. But gold itself may be bought too dear^ and I fear we shall find the purchase we have made to be but precarious, especially if Sardinia should be at- tacked by France as well as by Spain, the almost certain consequence of our present scheme of polities. For these reasons, sir, I hope there is not any gentleman, nor even any mmlster, who expects that I should declare my satisfaction that this tfeaty has been concluded. It is Very surprising, sir,, to hear gentlenien talk of the great advantages of unanimity in' our proceedings, wrhen, at the time, they are doing all they can to pi-event unanimity. If the hon- orable gentleman had intended that what he pro- posed should be unanimously agreed to, he would hkve returned to "the ancient custom of Parlia- ment which some of his new friends have, on former occasions, so often recommended. It is a new doctrine to pretend that we ought in our address to return feome sort of answer to every thing mentioned in his Majesty's speech.' It is a doctrine that has prevailed only since our Par- liaments began to look more like French thaii English Parliaments ; and now we pretend to be such enemies of France, I' supposed we should have laid aside a doctrine which the very meth- od of proceeding ia Pat'liament must show to be false. His Majesty's spfeeoh is not now so much as under our Consideration, but upon a previous order for that purpose ; therefore we can hot now properly take notice of its contents, any farther than to determine whether we ought to return thanks for it or not. Evea this ~we may refuse, without being guilty of any breach of duty to our sovereign ; but of this, I believe, no gentleman would have thought, had the honorable gentle- man Mifho made this motion not attached to it a long and fulsome panegyric upon the conduct of our ministers! I am convinced no 'gentleman would have objected to our expressing our duty to our sovereign, and our zeal for his service, in the strongest and most- affectionate terms : nor would any gentleman have refused to congratu- late his Majesty upon any fortunate event hap- pening to the royal family. The honorable; gen- tleman would have desired no mdre than this, had he intended that his motion should be unan- imously agreed to. But ministers are generally the authors and drawers up of the motion, and they al-ways have a greater regard for them- selves than for the service of (heir sovereign; that is the true reeison why such motions Iseldom meqt with unanimous approbation. As to the danger, sir, of our returning or not returning to our national custom upoti this oc- casion, I think it lie? wholly upon the side of our not returning. I have shown that the measures we'are now pursuing are fundamentally wronn, and that the longer we pursue them, the heavier our misfortunes will prove. Unless some signal providence interpose, experience, I am convinced, will confirm what I say. By the immediate in- tervention of Providence, we may, it is true, sue- ceed in the most improbable schemes ; but Prov- idence seems to be against us. The sooner, therefore, we repent and amend, the better it will be for us ; and unless repentance begins in this House, I shall no where expect it until dire experience has convinced us of our errors. For these reasons, sir, I wi.?h, I hope, that we may now begin to put a stop to the farther pros- ecution of these disastrous measures, by refusing them our approbation. If we put a' negative upon this question, it may awaken 6ur ministers from their deceitful dreams. If we agree to it, th^y will dream on till they have dreamed Eu- rope their country, and themselves into utter perdition. If they stop now, the nation may rp- cover ; but if by such a flattering address we encoafage them to go on, it may soon become impossible for them fo retreat. For the sake of Europe, therefore, for the sake of my country, I most heartily join in putting a negative upon the question. After a protracted debate, the address was carried by a vote of 279 to 149. SPEECH OF LORD CHATHAM ON AN ADDRESS TO THE THRONE, IN WHICH THS RIOST OF TAXING AMERICA IS DISCUSSED. DELIVERED IN THE HOUSE OF COMMONS, JANUARY 14, 1766. . INTRODUCTION. Mr. Georoje /Gbenville, during his brief administration from 1763 to 1765, adopted a plan for replen- idling the exbaristed'treisury of Great Britain, which had be^n often proposed before, but rejected by every preceding minister. It was that of levying direct taxes on the American colonies. His famous Stamp Act was brought /orward February 7th, 1765. It was strongly opposed by Colonel Barr^, who thus indignantly replied to the charge of ingratitude, brought by Charles Townsend against the Ameri- cans, as " children planted by our care, nourished by our indulgence, and protected by bar arms," &c. " They planted hy your Care!" said Colonel Barre: "^o\ Your oppressions planted them in America. They fled from your tyr^ntiy to a then uncultivated and Whospitable country, where they exposed,them- selves to almost all the hardships to which human nature is liable ; and, among others, to the cruelties of a savage foe, the most subtle, and, I will take it upon me to say, the most formidable of any people on earth ; and yet, actuated by principles of tme English libetty, they met all, hardships with pleasure, com- 1766.J RIGHT OF TAXING AMERICA. 103 pared with those they suffered in their native land from the hands of tliose wlio should have been their friends. They nourished by your indulgence 1 They grew by your neglect of them ! As soon as yoa began to care about them, that care was exercised in sending persons to rule them, who were, per- haps, the deputies- of deputies to some members of this House— sent to Spy out their liberties, to mis- represent their actions, and to prey upon them — men promoted to the higlisst seats of justice ; some of whom, to my knowledge, were glad, by going to a foreign country, to escape being brought to the bar of a court of justice in their own. They protected by your armsl They have nobly taken up arms in your defense ; have exerted a valor, amid their constant and/ laborious industry, for 'the de- fense of a country wliose frcmtier was drenched in blood, while its Interior yielded all its little savings to ybur emolument.' And — believe me-^reraember I this day told yoa "so— that same Spirit of freedom which actuated that pebple at first, will accompany them still. But pnidence forbids me to say^more. God knoWs I do not, at this'time, speak from motives of party heat. What I deliveif are the genuine seuti- ^ments oT my heart. However superipri to mcin general knowledge and experience the respectable body of this Ho'iise'may be, I claini to know more of Ainerica than most of you, having seen and been conver- sant with that country." The people are, I believe, ^s truly loyal as any subjects the King has; hut a people jealoQs of tlieir liberties, and who will vindicate them, if they should ever be violated." This prophetic warning was in vain. The bill was passed on the 22^ .of March, 1765. . .A few months after, the ministry of Mr. Grenville came abruptly to an. end, alid was followed by the administration of Lord Kockinghara. That able statesman, was-fiilly convinced th^t nothing but the re- peal of the Stamp Act could restore trjinquillity to the colonies, which, according*to Colonel B,arre's pre- dictions, were in a state of almost open resistance. The news pf this resistance reached England at the close of 1763, and Parliament was summoned on the 17th of December, ^he plan of the ministry was to repeal the Stamp Act ; but. iij accordance with the King's nrishes, to re-assert (in doing 90) the right of Par- Uament to tax the colonies. Agai#ist this course Mr, Pitt determined to take his stand; and when the ordinary address was made in'.ansWer to the King's speech, "be entered at once on the subject of Ameri- can taxation, in a strain of the boldest eloquence. His speech was reported by Sir Robert Dean, assisted by Lord Charlemont, and, though obviously broken and^mperfect, gives us far more of the language actu- ally used by Mr. Pitt than any of the preceding speeches. , ■ SPEECH, &c. Mb. Sfeakee, — I came to town bnt. to-day. I wa.s a stranger to the tenor of bis Majesty's speeehi and the proposed address, till I hpard them read in this House. Unconnected and un- consalted; I have not the means of information.' I' am fearful of, offending through mistake, and therefore beg to be indulged with a s^cOnd read- ing of the proposed address. [The address being read, Mr. Pitt went on :] I commend the King's speech, and approve of the address in answer, as it 'decide? nothing, every gentleman being left at perfect liberty to take such a part con- cerning America as he may afterward see fit. One word onlyl can not approve of : , an " early," is a word that does not belong to the notice the ministry have given to Parliament of the troubles in America. In a rnatter of such importance, the communication ojjght to have been imme- diate ! I speak not now with respect to parties. I stand up in this place single and independent. As to the late ministry [turning himself to Mr. Grenville, who sat within one of him], every cap- ital measure they have taken has been entirely wrong ! As to the present gentlemen, to those at least whom I have in my eye [looking at the bench vifhere General Conway sat with the lords of the treasury], 1 have no objection. I have never been wade a sacrifice by any of them. Their cjiaraoters are fair ; and I am always glad when men of fair character engage in his Majesty's service. Some of them did me the honor to ask my opinion before they would en- gage. These will now do me the justice to own, I advised them to do it — but, notwithstand- ing (for I love to be explicit), / can not give them my conjldetice. Pardon me, gentlemen [bowing to the ministry], confidence is a plant of slow growth in an aged bosom. Youth is the season- of credtility. By comparing events with each other, reasoning from effects to causes, methinks I plainly discover the traces of an overruling in- fluence.' - - ' There is a clause in the Act of Settlement obliging every minister to sign his name to the advice whibb he gives' to his. sovereign. Would it were observed ! I have had, the honor ,to serve the Crown, a,nd if J could have submitted to in- fluence, I might have still continued to serve : but I would not bcs responsible for others. I have no local attachments. It is indifferent to' me whether a man was rocked in his cradle on this side or that «ide of the Tweed. I sought for merit wherever it was to be found. It is my boast, that I was, the first minister who looked for it, and found it, in the mountains of the North. I called it forth, and drew into your service a hardy and intrepid race of men-^men, who, when left- by your jealousy, became a prey to the artifices of your enemies, and had gone nigh ' Cbas. Butler says in hii ReminiBcenoes, "Those who remember the air of condescending protection with which' the bow was made and the look given, will recollect how much ttiey themselves, at the mo- ment, were both delighted and awed ; and what they themselves conceived of the immeasurable superi- ority of the speaker over every other human being that surrounded him." 104 LORD CHATHAM ON THE [1766. to have overturned the state in the -"'ar before the last. These men, in the last war, were brought ito combat on your side. They served with fidelity, as they fought with valor, and con- quered for you in every part ofthe world. De- tested be the national reflections against thpm ! THey are unjust, groundless, illiberal, unmanly 4 When I ceased to serve his Majesty as a min- ister, it was not the cou/ntry^ of the man by which I was moved — but the man of that country wanted wisdom, and held principles incompati- ble with freedom.'' It is a long time, Mr. Speaker, since I have attended in Parliament. When the resolution was taken in this House to tax America, I was ill in bed. If I could have endurpd to be car- ried in my bed — so great was the agitation of my mind for the consequences — I would have solicited some kind hand to have kid me down on this floor, to have borne mjr testimony against it ! It is now an act that has passed. I would Speak with decenpy of every act of this House ; but I must beg the indulgence of the House to speak of it with freedom. I hope a day may soon be appointed to con- sider the state of the nation with respect to America. I hope gentlemen will come to this debate W^ith all the temper and impartiality that his Majesty recommends, and the importance of the subject requires ; a subject of greater im- portance than ever engaged the attention of this Housoj that subject only excepted, when, near a century ago,' it was the question, whether you yourselves were to be bond or free. In the mean tiine, as I can not depend upon my health for any future day (suoh is the nature of my in- 3 It need hardly be said that Lord Bute is aimed at througboat the wbqle of these two parag^raphs. The passage illustrates awmode -of attack which Lord Chatham often used, that of pointing at an in- dividual in a manner at once so signilicant as to ar- rest attention, and ,yet so remote as to involve no breach of decorum— saying the severest things, by implication, and leaving the hearer to apply them ; thus avoiding the coarseness of personal invective, and giving a wide scope for ingenuity in the most stinging allusions. In the present case, the allusion to Bate as having " made a sacrifice" of Chatham, by driving him from power through a secret ascendency over the King; tO "the. traces of an overruling in- fluence" from the same quarter as a reason for with- holding coniidence from the new ministry ; and to Bate's shrinking from that responsibility which the Act of Settlenient imposed upon aTl_ advisers of the King — these and other allusions to the favorite of George III. would be instantly- understood and' keenly felt among a people who have always re- garded the character of & favorite with dread and abhorrence. Lord Chatham, to avoid the imputa- tion of being inflaenoed in what he said by the pre- vailing prejudices against Bute as a Scotchman, re- fers to himself, in glowing language, as th^ first minister who employ'ed Highlanders in the army; calUng " frorn the mountains of the N^orth", " a hardy and intrepid race of ^meu," who. had been alienated .by previous severity, but vvho, by that one act of confidence, were indissolubly attached to the house of H4nover. ' At the Revelation of 1688.. firmitieS), I will beg to say a few- words at pies- ent, leaving the justice, the equity, the policy, the expedienoy.of the act to another time, i I will only speak to one point, a point which seems notto have been generally understood. I mean to the right. Some gentlemen [alluding to Mr. Nugent] . seem to have considered' it as a point of honor. If gentlemen consider it in that light, they leave all measures of right and wrong, to follow a delusion that may lead to de- struction. It is rtiy opinion, that this kingdom has Jio right to lay a tax upon the colonies. At the same time, I assert the authority of this kingdom over the colonies to be sovereigniand supreme, in every circumstance of governmeot and legislation whatsoever. They are the sub- jects of this kingdom ; equally entitled with your- selves to all the natural rights of mankind and the peculiar privileges of Englishmen; equally bound by its laws, and equally participating iii the constitution of this free country. The Anietr- loans are the sons, hot the bastards of England! Taxation is no part of the governing or legisla- tive power. The taxes are a vjonintary fift aiid grant ofthe Commons alone. In legislation the three estates of the realm' are alike concern- ed ; but the concurrence of the peers and the Crown to a tax is . only necessary to clothe it with the form of a law. The gift and grant is of the Commons alone. In ancient days, the Crown, the barons, and the clergy possessed the lands. In those days, the barons and the clergy gave and granted to the Crown; They gave and granted what was their own.! At present, since the discovery \oi America, and other cir- cumstances permitting, the Commons are be- come the proprietqrs of the land. The Church (God bless it!) has but a pittance^ The, prop- erty of the lords, compared with that of the com- mons, is as a drop of water in the ocean; and this House represents those commons, the pro- prietors of the landsj and those proprietors vir- tually, represent the rest of the inhabitants. When, therefore, in this House, we give and grant, we give and grant what is our own. • But in an American tax, what do we do? "We, your Majesty's Commons for Great Britain, give and grant to your M^jesty"-^what ? Our own property? No! "We give and grant to your Majesty", the property of your Majesty's com- mons of America ! It is an ahsdrdity in terms. The distinction between legislation and tax- ation is essentially necessary to liberty. The Crown and the peers are equally legislative pow- ers with the Comihons. If taxation be a part of simple legislation, the Crown and the peers have rights in taxation as well as yourselves ; rights which they will claim, which they toU exercise, whenever the principle can be support- ed by power. There is an idea in some that the colonies are virtually represented in the House. I would fain know by whom an American is represented here. Is he represented by any knight of the shire,, in, any county in this kingdom ? WovM to God that respectable representation was aug- 1766,] RIGHT OF TAXING AMERICA. 105 merited to a greater number ! Or will you tell hira that he is represented by any representative of a borough ? a borough which,, perhaps, its own representatives never saw ! This is what is called the rqtteti part of the Constitution. It can not continue a century. If it does not drop, it must be amputated.'' The. idea of a .virtual representation of America in this House iis the most contemptible idea that ever entered into the head of a man. , It does Hot deserve a se- rious refutation. The Commons of America, represented in their several assemblies, have ever been in posr session of the exercise of this, their constitutional right, of giving- and granting their own money. They would have been slaves if they had not enjoyed it ! At the same time, this kingdom, as the supreme governing and legislative power, has always bound the colonies by her laws, by her regulations, and restrictions ip trade, in nav- igation, in manufactures, in every thing, except that of taking their money out of their pockets without their cortsent. , Here I would draw the line, Q.aam ultra citraque neque cdnsistere rectum.s [As" soon as Lord Chatham concluded. Gen- eral Conway, arose, and suocinetly avowed his entire approbation of that part of his Lordship's speech which related to American affairs, but disclaimed altogether that " secret overruling influence which had been hinted at." Mr. George Grenville, who followed in the debate, expatiated at large on the tumults and riots which had taken place in fhe colonies, and de- clared that they bordered on re|jellion. He con- demned the language and sentiments which he had he^rd as encouraging, a revolution. A por- tion of his speech is here inserted, as explanatm-y of the replication of Lord Chatham.^] ' ■ I can not, said Mr. Grenville, understand the difference bfetween external and internal taxes. They are the same in effect, and differ only in name. That this kingdom has the sovereign, the supreme legislative power over America, is granted ; it can not be denied ; and taxation is a part of that sovereign power. It is one branch of the legislation. It is, it has been, exercised over those who are not, who were never repre- sented. It is exercised over the- India Company, the merchants of London, the proprietors of the stocks, and over many great manufacturing towns. It-was exercised over the county pala- tine of Chester, and the bishopric of Durham, before they sent any representatives to Parlia- ment. I appeal for proof to the preambles of the acts which gave them representatives ; one * We have here the first mention made by any English statesman of a reforih in the borough sys- tem. A great truth once uttered never dies. The Reform Bill of Earl Grey had its origin.in the mind of Chatham. " On neither side of which we can rightly stand ' Mr. Grenville, it will be remembered, had now no connection with the ministry, but was attempting to defend his Stamp Act against the attack'of Mr. Pitt. in the reign of Henry VIII., the other in that of dharles II. [Mr. Grenville, then quoted the acts, and desired that they might be read ; which be- ing done, he said,'] When I proposed to- tax America, I asked the House if any genlleman would object to the right ; I repeatedly asked it, and no man would attempt to deny it. Protec- tion and obedience are reoiprboal. Great Brit- ain 'protects America ; America is bound to yield . obedience. If not, tell' me when the Americans were emancipated ? When they- want the pro- tection of this kingdom, they are always very ready to ask it. That protection ,has always been afforded them in the most full and ample manner. The nation has run herself into an im- mense debt to give them their protection ; and Tiow, when, they are called dfion to contribute a small share toward the public expense — an ex- pense arising from themselves — ^they renounce your authority, insult your officers, and break out,' I might almost sayj into open rebellion. The seditious spirit oT' the' colonies owes its birth to the factions- in this House.: Gentlemen are carel&ss of the consequences of what they say, provided it answers' the purposes of opposi- tion. We were told we trod on tender ground. We were bid to expect disobedience'. What is this but telling the Americans- to stand-out against the law, to encourage their obstinacy with the expectation of support from hence ? "Let us only hold out a little,," they would say, " oui: friends will soon be in power.'! Ungrate- ful people of America ! Bounties havfe'bSen ex- tended to them, When I had the honor of serv- ing the Crown, while you yourtelv^s were load- ed with an enotmous debt, you gave bounties on their lumber, on their iron, their hemp, and many other articles. , You haverelaxed in their favor the Act of Navigation, that palladium of the British commerce ; and yet-J have been abused in all the public papers as an enemy to the trade of America. I have been particularly charged with giving orders and instructions to prevent 1;he Spanish trade, and thereby stopping the chan- nel by which alone North America used to be supplied with cash for remittances to this coun- try. I defy any man to produce any such or- ders or instructions. I diseouraged no trade but what was illicit, what was prohibited by an act of Parliament. I desire a West India merchant (Mr. Long.), well known in the. City, a gentje- man of character, may be examined. He will tell you that I offered to do every thing in my pcwer to advaricer' the' trade of America. I was above giving an answer to anonymous calQm- nies ; btit in this place, it becomes one to wipe off the aspersion.. - [Here Mr. Grenville ceased. Several n^em- bers got up to speak, but Mr. Pitt seeming to rise, the Hoi;se was so clamorous for Mi;. Pitt J Mr. Pitt ! that the speaker was obliged to call to order^] Mr. Pitt said, I do not apprehend I am speak- ing twice. I did expressly reserve a part of my subject, in order to save the time of this House ;- but land compelled to proceed in it. I do hot 106 LORD CHATHAM ON THE [1766. speak twice ; I only fltiish what I designedly left imperfect. Bnt if the House is ^f a different opinion, far be it from me to indulge a wish of transgression against order. I am content, if it be your pleasure, to be silent. [Here he paused. The House resounding -with Go on! go on 1 he proceeded :] ' (Jentleraen, sir, have been chalrged with giv- ing birth to sedition in America. They have spoken their sentiments with freedorh against this unhappy act, and that freedom has become their crime. Sorry I am to hear the liberty pf speech in this House imputed as a crime. But the imputation shall not discourage me. It is a liberty I mean to exercise. No gentleman ought t6 be afraid to' exercise it. It is a liberty by which the gentletaan w^ho calumniates it might have profited'. He ought to have desist- ed from his project. T be gentleman tells us, America is obstinate ; America is almost in open rebellion. I rejoice that America has resisted. Three millions of people, so dead to all the' feel- ings of liberty as voluhtdi'ily to submit to be slaves, would have been fit instruments to make slaves of the rest. I come not here arnied at all points, with law cases and acts of Parlia- ment, with the statute book dotibled down in dog's ears, to defend the cause of liberty. If I had, I myself would have cited the two cases of Chester and Durham. I would have cited them to show that, even under former arbitrary reigns, Parliaments were ashamed of taxing- a people without their consent, and allowed them repre- sentatives^ Why did the gentleman confine him- self to Chester and' Durham? He might have taken a higher example in Wales— ^Wales, that never was taxed by Parliament till it was incor- porated. I would not debate a particular pojnt of law with the gentleman. I know his abili- ties. I have been obliged ta his diligent re- Searches. But, for the defense of liberty, upon a general principle, upon a constitution£(l pirin- ciple, it is a ground on which I stand firm-— on which I dare meet any man. Tfie gentleman tells us of many who are taxed; and are not rep- resented — the India Company, merchants, stock- holders, manufacturers. Surely many of these are represented in other capacities, as owners of land, or as freemen of boroughs. It is a mis- fortune that more are not equally represented. But they are all inhabitants,' and, as such, are they not virtually represented ? Many have it in their option to be actually represented. They have connections with those that elect, and they: have influence over them; The gentleman men- tioned the stockholders. 1 hope he , does not reckon the debts of the nation as a part of the national estate. Since the accession of King William, many ministers, some of great; others of more moder- ate abilities, have taken the lead of government [Here Mr. Pitt went through the list, of them; bringing it down till he came to himself, givi;ig a short sketch of the characters of each, and then proceeded ;] None of these thought,;or even dreamed, of robbing the colonies of their consti- | tutional rights. That was reserved to mark the era of the late administration. Not that there were ■wanting some, when I had the honor to serve his Majesty, to propose to me to burn my fingers with an Arnerican stamp act. With the enemy at their back, with our bayonets at their breasts, in the day of their distress, pe*haps the Americans would have submitted to tlie* iraposi- tion; but it would have been taking an ungen- erous, an unjust advantage. The gentleman boasts of his bounties to America I Are not these bounties intended finall/ for the benefit of this kingdom ? - If they are not, he has misap- plied the national treasures ! I am no courtier of America. I stand up for this kingdom. I maintain that the Parliament has a right to bind, to restrain Ammea. Our legislative power over the colonies is sovereign and supreme. When it ceases to be sovereign and supreme, I woul^ advise every gentleman to sell his lands, if he can, and; embark for that Qountry. When two countries are connected to- gether like England and' her colonies, without , being incorporated, the one must necessarily govern. The greater must rule the less. But she must so rule it as not to contradict thefmn' daTnental principles that are common to both. ' If the gentleman does not understand the dif- ference between external and internal taxes, I can not help it. There is a plain distinction he- tween taxes levied for the purposes of raising a revenue, and duties imposed for the regulation of trade, for the accommodation of the subject ; although, in the consequences, some revenue may incidentally arise froin the latter. The gentleman asks. When were the colonies emancipated ? I desire to know, when were they made slaves ? But I dwell not upon words. When I had the honor of serving his Majesty,! availed myself'ofthe means of information which I derived from my office. I speak, therefore, from knowledge. My materials were good. I was at pains to collect, to digest,, to consider them ; and Twill be bold to affirm, that the prof- its to Great Britain from the trade of the colo- nies, through all its branches, is two millions a year. This is the fund that carried you triumph- antly through the Isist war. The estates that were rented at two thousand pounds a year, threescore -years ago, are at three thousand at present. Those estates sold then from fifteen to eighteen years purchase ; the same may now be sold for thirty. You owe this to America. This is the price America pays you for her protec- tion. And shall a miserable financier come with a hoast, that he can bring " a pepper-corn" into the exchequer by the loss of millions to the na- tion ?' I dare not say how much higher these profits may be augmented. Omitting [t. e-, not taking into account] the immense increase ot people, by natural population, in fli^ northern colonies, and the .emigration from every part of ' Alluding to Mr. Nugent, who had said that " a pepper-corn in acknowledgment of the right to tax America, was of more value than millions without it." 1766] RIGHT OF TAXING AMERICA. lOT Europe, I am eonvincecl [on other gtounds] that the coramfercial system of America may be al- tered to advantage. You have prohibited where you ought to have encouraged. You have en- couraged where you ought to have prohibited. Improper restraints have been laid on the conti- nent in favor of the islands. Yon have but two nations to trade with in America. Would you had twenty ! Let acts of Parliament in conse- quence of treaties remain ; but let not an En- glish minister become a custom-house oflSoer for Spain, or for any foreign power. Much is wropg !. Much may be amended for the gen- eral good of thewhole ! Does the gentleman complain he has been misrepresented in the public prints ? It is a common misfortune. In the Spanish affair of jthe last war, I was abused in all the newspapers for having advised his Majesty to violate the laws of nations with regard to Spain. The abuse was industriously circulated even in handbills. If administration did not propagate the abuse, ad- ministration never contradicted it. I will not say what advice I did give the King. My ad- vice is in writing, "signed by myself, in the pos- session of the Crown. But I will say what ad- vice I did not give to the King. I did not ad- vise him to violate any of the laws of nations. As to the report of the gentleman's prevent- ing in some way the trade for bullion with the Spaniards, it was spoken of so confidently jihat I own I am one of those who did believe it to be true. ■ ' The gentleman juust not wonder he was. not contradicted when, as minister, he asserted the right of Parliament to tax America. I know not how it is, but there is a modesty in this House which does~ not choose to contradict a minister. Even your chair, sir, looks too often toward St. James's. I wish gentlemen would get the better of this modesty. If they do not, perhaps the collective body may begin to abate of its respect for the representative. Lord Ba- con has told me, that a gnpat question would not fail of being agitated at one time ol- another. I was willing to agitate such a question at the proper, season, \riz., that of the German war — my German war, they called it ! Every session I called out; Has any body gny objection to the German war ?' Nobody would ol^ect to it, one B This speech is so much condensed by the report- er as sometimes to make the connection obscure. Mr. Pitt is answering Mr. Grenville's complaints by a reference to Ins own experience when minister. Had Mr. Grenville been misrepresented in the pub- lic prints ? So was Mr. Pitt in respect to " the Span- ish affair of the last war." Had the Stamp Act been drawn into discnssion, though originaliy passed with- out contradiction? Mr. Grenville might easily un- derstand that there was a reluctance to contradict the minister; and he miglit learn from Lord BaCon that a great question like this emtld not be avoided ; it would be " agitated at one time or another." Mr. Pitt, when minister, had a great question of this kind/viz,, the " German war," and he- did not shrink from meeting it, or complain of the misrepresenta- - tion to which be was subjected. He had originally gentleman only excepted, since lemoved to the Upper House by succession to an ancient bar- ony [Lord Le Despencer, formerly Sir Francis Dashwoodl. He told me he did not like a Ger- man war. '- 1 honored the man for it, and was sorry when he, was turned out of his post. A great deal has been said without doors of the power, of the strength of America. It is a topic that ought to be cautiously meddled with. In a good cause, on a sound 'bottom, the force of this cotintry^oan crush Atnerioa to atoms. I know the valor of your troops. I know, the skill of your officers. There is hot a company of foot that has 'served in America, out of which you may not pick a man cif sufficient knowledge ajid experience to make a governor of a colony there. But on this ground, on the Stamp Act, which so many here will think a crying injustice, I am on.B who will lift up my hands against it. In such a cause, your Success would be haz- ardous. America, if she fell, would fall like the strong man ; she would embrace the pillars of the state, and pull down the Constitution along with her. Is this your boasted peace — ^not to sheathe the sword in its scabbard, but to sheathe it in the bowels of your countrymen ? Will you quarrel with yotirseWeS, now the whole house of Bourbon is united against you ; while France disturbs your fisheries in Newfoundland,- embar- rasses your slave trade to Africa, and withholds from your subjects in Canada their property stipulated by treaty; while the ransom for the Manillas is denied by Spain, and its gallant con- queror basely traduced into a mean plunderer ! a gentleman (Colonel Draper) whose noble and generous spirit would da honor lo the proudest grandee of the country ? The Americans have not acted in all things with prudence and tern' per ; they have been wronged ; they have been driven to madness by injustice. Will yqu pun- ish them for the madness you have occasioned? Rather let prudence and temper come first from this side. I will undertake for A,merica that she will follow the example. There are two lines in a ballad of Prior's, of a man's behavior to his wife, so applicable to you and your colo- nies, that I can not help repeating them : " Be to her faults a little blind ; Be to her virtues very kind." Upon the whole, I will beg leave to, tell the Hquse what is my opinion. It is, that the Stamp Act be repealed absolutely, totally, and immedi- I'esisted the disposition of Geoige II. to engage in wars on the Continent.' But when things had whol- ly changed, when England had united with Prussia to repress the ambition of Austria sustained by France and Russia, be did carry on " a German war," though not one of his own commencing. And he was always ready to meet the question! He challenged discussion. He called out, " Has any body objections tt) the German war?" Probably Mr. Pitt here, alludes to an incident already refer- red to, page 62| when, patting himself in an attitude of defiance, he exclaimed, " Is there an Austrian among you? Let him come forvfard and reveal himself!" 108 LORD CHATHAM ON THE [1770. ately. That the reason for the repeal be assign, ed, viz., because it was founded on an erroneous ptjnoiple. At the same time, let -the sovereign avithority of this country over the colonies be as- serted in as strong terras as can be devised, and be made to extend to every point of legislation whatsoever ; that we may bind their trade, con- fine their manufactures,,and exercise every power whatsoever, except that , of taking their money out of their pockets without their consent. The motion for the address reoefived the ap- probation of all. About a month after, FebruAi'y, 26th, 1766, a bill was introduced repealing the Stamp Act ; but, instead of following Mr. Pitt's advice, and abandoning all clkim to the right of taxing the colonies, a Declaratory Act was in- troduced, asserting the authority of the King and Parliament to make laws which should ',^bind the colonies and people of America in all cases whatsoever!" Lord Camden, when; the Deolar- atory Act came into the House of Lords, took the same ground with Mr. Pitt in the House of Commons. " My position," said he, " is this — I repeat {t — I will maintain it to the last hoar : /Taxation and representation are inseparable: This position is founded on the laws of nature. It is more ; it is in itself an eternal law of na- ture. For whatever is a man's own is abso- iutely his own. No man has a right to take it from him without his consent,, either ■ expressed by himself or his representative. ■ Whoever at- tempts to do this, attempts an injury. Whoever does it, commits a robbery. He throws down and destroys the distinction between liberty and slavery." Other counsels, however, prevailed. The Stamp Act was repealed, but the Declara- tory Act was passed ; its principles were carried out by Charles Townsend the very next year, by imposing new taxes ; and the consequences are before the world. SPEECH OF LORD CHATHAM IN REPLY TO LORD MANSFIELp, IN RELATION TO THE CASE OF JOHN WILKES, DELIVERED IN THE HOUSE OF tORDSj JANUARY 9, 1770. ■ ) INTRODUCTION. This was the first appearance pf Lord Chatham in the House of Lords after his illness in 1767. The Duke of Grafton, his former friend and ally, was now minister, and had come out a virtual Tory; The case of John Wilkes 'agitated the whole kingdom. He had been expelled from the House of Commons for a " seditious libel," in February, 17G9, and a new writ was issued for the election of a member from Middlesex. Wilkes was almost unanimously re-elected, and the House of Commons resolved, on the day after his election, that he was incapable of 'being chosen to that Parliament. Another election was there- fore held ; he was again chosen, and his election again declared void. A third was ordered, and the min- istry now determined to contest it to the utmost. They prevailed upon Colonel Luttrell, son of Lord Im- barii,^to vacate his seat in the House, and become their candidate ; but, with all their iufiuence and bribery, they could obtain only 296 votes, while Wilkes numbered 1143. The latter, of coarse, was again retiimed as amemher: but the House passed a resolution directing the clerk of the Crown to amend the return, by erasing the name of Mr. Wilkes and inserting that of Colonel Luttrell, who accordingly took bia seat, in April, 1769. ' , , There is, at the present day, no difference of opinion as to these pi-bceedings. "All mankind are agreed," says Lord Campbell, in his Lives of the Chancellors, " that the House of Commons acted illfegally and ftn- constitdtionally in expelling Mrl Wilkes for a supposed offense, committed before his re-election, and in seating Mr. Luttrell as representative for Middlesex." With Mr. Wilkes as ah individual, Lord Chatham had no connection, either personal or political. He had, on the contrary, expressed his detestation of liis character and principles, some years before, in the preserice of Parliament. But he felt that one of the greatest questions had now arisen which was ever agitated in England, and that the" House of Lords aught to enter their protest against this flagrant breach of the Constitution. He, perhaps, considered him- self the more bound to coine fprv^ard, because in his late ministry he had given the Duke of Grafton tie place which he now held of First Lord of the Treasury, and had thus opened the way for the advance- ment of his grace to the station of Prime Minister. At all events, he determined, on the fii'st day of his appearance in Parliatuent after his late ministry, to express his disapprobation of two measures which had been adopted by his former colleagues, viz., the taxation of America, and the ejfpulsion of Mr. Wilkes. When, therefore, an address to the Throne was moved, January 9th, 1770, he came forward on both these subjects in one of his most celebrated speeches, but which, unfortunately, is very imperfectly preserved. He commenced with great impressivehess of manner : " At my advanced peiipd of life, my Lords, bow- ing under the weight of my infirmities, I might, perhaps, have stood excused if I had continued in my re- tirement, and never taken part again in public affairs. But the alarming state of the country calls upon me to execute the duty which I owe to my God, my sovereign, and my country." He then took a rSpid view of the external and internal state "of the country. He lainented the measures whicli had alienated the colonies, and driven them to such excesses. But he still insisted that they should be treated with ten- 1770.] CASE OF JOHN WILKES. 109 deruess. " These excesses," he sjiid, " are the mere emptions of liberty, which break out upon the skin, and are a sign, if not of perfetit health, at least of a vigorous conatitution, aud must not be repelled too suddenly, lest they should strike to the heart." He then passed to the case of Mr. Wilkes, and the prevailing discoiitent throughout the kingdom, in consequence of his expulsion from the House of Commons. The privileges of the House of Peers, he said, howevertranscendeni, stopdon the same broad bottom as the rights of ttie pebple. It was, therefore, their highest interest, as well as their duty, to watch over and protect the people ; for when the people had lost their rights, the peerage would soon, become insignificant. He referred, as an illustration, to the case of Spain, where the grandees, from neglecting and slighting the rights of the people, had been enslaved themselves. He concluded with the following remarkable passage : 'IMy Lords, let this example be a lesson to us all. Let us be cautious how we admit an idea, that our rights stand on a footing different from those of the people. Let us be cautious how we invade the liberties of our fellbw-subjects, however mean, however remote. For be assured, my Lords, in whatever part orthe empire you suffer slavery to be es- tablished, whether it be in America, or in Ireland, or here at home, you will find it a disease which spreads by contact, and soon reaches from the extremities to the heart. ' The man who has Iqst his own freedom, becomes, from that moment, an instrument in the hands of an ambitious prince to destroy the freedom of others. These reflections, my Lords, are biit too applicable to our present situation. The liberty of the subject is invaded, not olily in the provinces, but here at home ! The English people are loud in their com- plaints ; they" demand redress ; an^, depend upon it, my Lords, that, one ^ay or another, they will have redress. They will never return to a state of tranquillity till they are redi'essed* ^ot: ought, they. Por in my judgment, my Lords, and I speak it boldly^it were .bettejrfor them to perish in a glorious contention for their rights, than' to purchase a slavish tranquillity at the expense of a single iota of the Constitutiq|i.. Let me entreat your Lordships, then, by all. the duties which you owe to your sovereign, to the country, and to yourselves, to perform the office to which you are called by the Constitution, 'by infoiming his Maj- esty truly of the condition of his subjects, _and the real cause of their dissatisfactifin." With this view, Lord Chatb@in concluded his speech by moving an amendment to the address, "That we will, with' all convenient speed, take into our most serious consideration the causes of the discontents which prevail in so many parts of your Majesty's dominions, and particularly the late proceedings of the House of Commons touching the incapacity of John Wilkes, Esq., expelled by that House, to be re-elected a member to serve in the present Parliament, thereby refusing,, by a resolution of one branch of the Leg- islature only, to the subject his common right, and depriving the electors of Middlesek of their free choicp - of a representative." " " ^ ' : This amendment was powerfully resisted by Lord Mansfield. Nothing remaiiis, howler, of his speech, except a meager account of the general course of his argument. He contended " that the amendment vio- lated every form and usage of Parliament, and was a gross attack on the privileges of the House of Com- mons. That th^re never was an instance of the Lords inquiring- into theproceedmgs of that, House with respect to their own -members, much less of their taking upon themselves to censure such proceedings, or of their advising the Crown to take notice of theii; 'If, indeed, it be the purppse of the amendment to provoke a quarrel with the House of Commons, I confess,' said his Lordship, ' it will have that effect cer- tainly and immediately. The Lower House will undoubtedly assert tlieir privileges, and give you vote for vote. I leave it, therefore, to your Lordships, to consider the fatal effects which, in such a conjuncture as the'^ present, may arise from an open breach between the two houses of Parliament." ^ Lord Chatham immediately arose and deliyei^ed the following speech in. reply. SPEECH, &o.' My Lords, — There is one plain maxim, to which I have invariably adhered through life : that in every question in which ray liberty or my property were concerned, I should consult and be determined by the dictates of common sense. I confess, my Lords, that I am apt to distrust the refinements of learninp;, because I have seen the ablest and the most learned-men equally lia- ble to deceive themselves and to mislead others. The condition, of human nature would be lam- entable indeed, if nothing less than the greatest learning and talerits, which fall to the share of ^ This is the best reported and most eloquent speech of'Lord Chatham, excepl^ihat of November 18th, 1777, It was published at the time from man- uscript uotes taken by an unknown individaal. who is now ascertained with almost absolute certainty to have been the celebrated Sir Philip Francis, con- sidered by so many as the aathqrof Junins's Letters. so small a number of men, were sufficient to di- rect our judgment and our conduct. But Prov- idence has taken better care of our happiness arid given us, in the simplicity of common sense, a rule for our direction, by which we can never be misled. I confess; tny Lords, I had no other guide in drawing up the amendment which I submitted to your consideration ; and, before I heard the opinion of the noble Lord who spoke last, I did not conceive, that (t was even within the limits of- possibility for the greatest human genius, the most subtl6 understanding, or the acutest wit,, so strangely to misrepresent my meaning, and to give it (in interpretation so en- tirely foreign from what I intended to express, and from that sense which the Very terms of the amendment plainly and distinctly carry with them. If there be the smallest foundation for the censure thrown upon me by that noble Lord ; 119 LORD CHATHAM ON THE [1770. if, either expressly, or by the most distant im- , plication, I have said or insinuated any part of what the noble Lord has charged me with, dis- card tjiy opinions forever, discard the motion with contempt. My Lords, I must beg the indulgence- of the j^Odse. Neither will my health permit rae, nor ia I pretend to be qualified to follow that learn- edLLord minutely through the whole of his argu- ment. No man is better acquainted with his. abilities and learning, nor has a greater respect for them than I have. I have had the pleasijre of sitting with hini in the other House, and al- ways" listened to bun Tivith atteblion. ,, I have not now Ibst a word of what hp said, nor did I ever. Upon the present question I meet him without fear. The, evidence which tiSith carries with it is superior to all argument ; it neither wants tbe support, nor dreads_the opposition of the grea;t- est abilities. ' If there be a single word in the amendqient to justify the interpretation Which the noble Lord has been pleased to give it, I am ready to renounce the whole. Let ifb'eTead, rny Lords ; let it speak for itself. [It was read.] In What instance does it interfere with the priv- ileges of the House of Commons ? In what re- spect does it question their jurisdiotion, or sup- pose an authority, in this House to arraign the justice of their sentence ? I am sure that every Lord who hears me will bear rae witness, that I sajd not one word touching the merits of the Middlesex election. So far from conveying any opinion upon that) matter in the amendment, I did not even in discourse deliver my own senti- ments upon it. I did pot say that the House bf Commons had done either right or wrong ; but,, when his Majesty was pleased to recommend it to us to cultivate unanimity among ourselves, I thought it the duty of this' House, as the great hereditary council of tjie Crbwn, to state to his Majesty the disti-aoted'^ondition bf his dominions, together with the events which had destroyed rtnanimity among his subjects. But, my Lords, I stated events merely as facts, without the smallest addition either of censure or of opiiiibn. They are facts, my Lord^, which I am not only convinced are true, but which I know are indis- putably true. For e}tample, my Lords : will any man deny that discontents -prevail in niany parts of his Majesty's dominions ? or that those dis- contents arise from the pi-oceedings of the House of Commons toijohing the declared incapacity of Mr. Wilkes ? It is impossible. No man can deny a truth so notorious. Or will any man deny that those proceedings refused, by a reso- lution of one branch of the Legisla'tiire only, to the subject bis common right ? Is it not indis- putably true, my Lords, that Mr. Wilkes had a common right, and that he lost it no other way but by a resolutidp of the Hriuse of Commons? My Lords, I have been tender of misrepresent- ing the House of Commons. I have consulted their journals, and have taken the very words of th,eir own resolution. Do they not tell us in so many wordsj that Mr. Wilkes having been ex- pelled, was thereby rendered incapable of serv- ing in that Parliament ? And is it not their res- olution alone which refuses to the subject his common right ? The amendment says farther, that the electors of Middlesex are deprived of theijr free choice of a representative. , Is this a false fact, my Lords ? Or have I given an un, fair representation of it? vWl t^Dy man pre- sume to affirm that Colonel Luttrell is the free choice of the electors, of Middlesex? We all know the contrary. We all know that Mr. Wilkes (whom I , mention, without either praise or censure) was the favorite of the county, a;id chosen by a very great and acknowledged ma- jority to represent thetn in Parliament, ff the poble Lord dislikes the manner in v^hich these facts are stated, T shall think myself happy in being advised by him how" to alter rt. 1 am very little anxious about terms, provided the suB-' stance be preserved; and these. are facts, my Lords, w'hioh I am sure will always retain their weight and importan.ce, in whatever form oT lan- guage they are described. Now, tny Lordfe, since I have been forced to enter into the explanation of an amendment, iii which' nothing less than the genius of penetrar tion could have discovered an obscurity, and hay- ing, as I hope, redeemed myself in the opinion of the House, having redeemed my motion from the severe representation given of itiy the noble Lord', I must a little longer entreat your Lord- ships' indulgence. The Constitution of this coun- try has been openly invaded in fact ; and I have heard, with horror and astonishment; that yeiy invasion defended uppn, principle. What is this mysterious power, undefined by law, unknown to the subject, which w'e must not approach without avye, nor speak of without reverence — which no man rriay questipn, and to which all men must submit? My Lords, I thought the sla.visli doctrine of passive obedience had long since been exploded ; arid, when our, Kings were Obliged to confess that their title to the Crown, and the rule of their government, had no otjier foundation than the known law^ of the land, I never expected- to hear a divine right, or a di- vine infallibility, attributed to any other branch of the Legislature. My LoTds, I beg to be nn- derfstood. No man respects the House of Com- mons more than I do, or would contend more strenuously than I would t& preserve to them their just and legU authority. Within thebounds presoribed^by the Constitution, that authority is necessary to the well-being of the people. Be- yond that line, every exertion of power is arbi- trary, is illegal ; it threatens tyranny to the peo- ple, and destruction to the state. Power -with^ out right is the most odious and detestable object that can be offered to the human imagination. It is not only pernicious to those who are sub- ject to it, but, tends to its own xlestrnetion. It is wliat my noble friend [Lord Lyttleton] lias truly described it, '^ Res detestabilis et caduca.'" My Lords, I acknowledge the just power, and reverence the constitution of the House of Com- ' A thing hateful,' and destined to destractioB. irro.] CASE OF JOHN WILKES. Ill mons. It is for their own sakes that I would prevent their sissuming a power whiqh the Con- stitution has denied them,' lest, by grasping at an BUthprity they have no right to; they should forfeit ithat which they legally possess. My Lords, I afErm that they have betrayed their constituents, and violated the CortstitUtion. Un- der pretense of declaring the law,' they have made a Jaw, and united^ in the same pSrpons .the office of legislator and of judge } I shall endeavor to adher« istrlctly to the no- ble Lord's doctrine, -Which is, indeed, impossible, to mistake, so fkr as my memory will permit me to preserve his expressions. He seems fond of the word jurisdiction; and I confess, with the force and effect which he has given it, it is a word of copious nieaning and wonderful extent. If his Lordship's doctrine- be well fotinded, w& must renounce all those political maxims by which our understandings have hitherto been directed,; and even tjie first elements of learning taught in our schools when we were schoolboys. My Lords, we knew that jurisdiction was noth- ing more than "jus dicere." We knew^ that " le- gem yacere" and "legem dicere" [to mfike law. and to declare it] were powers clearly distin- guished frorn each other in the nature of things, and wisely separated by the wisdom of the En- glish Constitution. But now, it s^ems, we must adopt a new system of thinking! -.The House, of<;ommons, we are told, have a supreme juris- diction, {ind there is no appeal from their sen- tence ; and that wherever they, are competent judges, their decision must be received and sub- mitted to, as ipso facto, the law of the land. My Lords, I am a plain man, and have been brought up in a religious reverence for the original sim- plicity of the laws of Engjand. -By what soph-- istry they have b^en perverted, by what artifices they have been involyed in obscurity, is not for me to explain. The principles, however, of the English laws are still sufficiently clear; they are founded in reason, and are the -masterpiece of the human understahfling ; but it is in the text that I would look for a dhrection to my judgment, not in the commentaries- of modern professors. The noble Lord assures us that he knows not in what code the law of Parliament is to be found ; that the House of Commons, when they act as judges, have no law to direct them but their own wisdom ; that their decision is law; ahd Jf they determine wrong, the subject has no appeal but to Heaven. What then, piy Lords? Are all the generous efforts of our ancestors, are all those glorious contentions, by which they meant to secure to themselves, and to transmit to their posterity, a known law, a certain rule of living, reduced to this conclusion, that instead of the arbitrary power of a King,, we must submit to ' the arljitrary power of a House of Commons ? If this be true, what benefit do we derive from the exchange ? Tyranny, my Lords, is detest- able jn every shape, but in none so formidable as when it is assumed and exercised by. a nuAiber of tyrants. But, my Lords, this is not the fact; this is not the Constitution. We have a law of ParSament. We have a code in which every hon- est |nan may find it. We have Magna Charta. We have the Statute Book, and the Bill of Rights. If a case should arise unknown to these great authorities, we have still that plain English rea- son Jeft, which is the foundation of all our En- glish jurisprudence. That reason tells us, that, every judicial court, and every politieal society^ must be, vested with those powers and privileges which are neoessai-y for performing the office to which th^y are .appointed. It tells us, also, that no court of justice can have a power inconsistent with, or paramount to the known laws of the land; that the people, when they choose their representatives, never mean to convey to them a power of invading the- rights, or trampling on the liberties, of those 'whom they represent. What Security would they have for their rights, if once they admitted that a court of judicature might determine every question that came be- fore it, not by any known positive law, but by the -vague, indeterminate, arbitrary rule of what the noble Lord is pleased to^all the wisdom qf the court? With respect to the decision of the courts of justice," I am far from denying them their du6w;eight and authority; -yet, placing them in the most respectable view, I still consider them, not as law, but as an evidence of the law. And before they can arrive even at that degree of authority, it must appear that they are found- ed in and confirmed by reason ; that they are siipported by precedents taken from good and. moderate, times ; that they do not contradict any positive law; that they are submitted to with- out reiuotanoe bj' the people ; that they are un- questioned by the Legislature (which is equiva- lent to a tacit confirmation) ; and what, in my judgment, is'"hy far the most important, that they do not violate the spirit of the Constitution. My Lords, this is not a vague or loose expression. We all know what the Constitution is, We all know that th? first principle of it is, that the subject shall not be governed by the arbitrium of any ope man or body of men (less than the whole LegislE^ture), but by certain laws, to which he has; virtually given his consent,, which are open to him to examine, and- not beyond his abil- ity to understand; Now, my Lords, I affirm, and am ready, to maintain, that the late decision of the House of Commons upon the Middlesex elec- tion is destitute of evei^ one of tho^e properties and-oonditionte which' I hold to be essential to the legality of such n decision. (1.) It is not founded in reason ; for it carries with it a con* tradiction, that the representative should per- form the office ol', the constituent body. (2.) It is not supported by a single, precedent.; for the case of Sir Robert. Walpole is but a half prece- deUt; and evet^ that half is imperfect. Incapac- ity was indeed declared, but his crimes are stated as the ground of the resolution, and his opponent was deolarecj to be not duly elected, even after his incapacity was established. (3.) It, contra- dicts Magna Charta and the Bill of Rights, by which it is provided; that no subject shall be de- prived of his freehold, unless by the judgment of 113 LORD CHATHAM ON THE [1770. his peers, or the law of the land ; , and that elec- tions of members to, serve in Parliament shall be free. (4.) So far is this decision from being submitted to by the people, that they Jiave taken the strongest ^measures, and adopted the most positive language, to express their discontent. Whether it will be questioned by the Legisla- ture, /will depend upon your Lordships' I'esolti- tion; but that it violates the- spirit of the Con- stitution, will, I think, be disputed by no man who has heard this day's.debate, and who wishes well to the freedom of his country. Yet, if we ai-e to believe the noble Lor4, this great griev- ance, this manifest violation of- the first princi- ples of the Constitution, will not admit of a i-em- edy. It is not even capable of redress, unless we appeal at once to Heaven ! My liiords, I have 'better hop^s of the Qonstitution, and ' a. firi^er confidence in the "wisdom and 'gpnstitu- tiouEiil authority of this House. It is to your an- cestors, my Lords, it is to the English barons, that we are indebted for the laws and Constitu- tion we possess. Their virtues were rude and uncultivated, but they- were great and sincere. Their understandings were' as little polished as their manners, but they, had hearts to distinguish right from wrong ; they had heads to distinguish truth from falsehood ; they understood the rights of humanity, and they had spirit to maintain thera. , My Lords, I think that history has not done justice to tiieir conduct, when they obtained from their sovefeign that grejit acknowledgment of na- tional rights contained in Magna Charta : they did not confine it to themselves alone, hut deliv- ered if as a common blessing tq the whole people. They did not say, these are the rights of the great barons, or these are the rights of the great prelates. No, my Lords, they saidj in the simple LSitintjf the times, " mrllus liber homo" [no free man], and provided as tearefully for the meanest subject as ibr the greatest. , Tliese are uiicouth words, and sound but poorly in the ears of schol- ars; neither are they addressed to the criticism of scholars, but to the hearts of free men. These three words, " nullus liber homo," have a mean- ing which interests ns'all. They Reserve to be remembered-r-they, deserve to be inculcated in our minds — the^ art worth all the classics. Let us not, then, degenerate from the glorious exam- ple of J5ur ancestors. Those iron barons (for so I may call them when compared with the .silken barons of modern days) were the guardians of the people ; yet their virtues, my Lords, were never engaged in a question of such importance as the present. A breach has been made in the Constitution — the battlements, are dismantled — the citadel is open to the first invader — ^the walls totter — the Constitution is not tenable.> What remains, then, but for us to stand foremost in the breach, and repair it, or perish in it? - Great pains have been ta.ken to alarm us vvith the consequences of a differeijce between the two houses of , Parliament ; that the House of Commons will resent our presuming to take no- tice of theii- proceedings ; that they will resent our daring to advise the Crown, and never for- give us for attempting to save the state. My Lords, I am sensible of the importance and diffi. oulty.of this, great crisis : at a momnnt such aa this, we are called upon to do our duty, without dreading the resentment of any man. But if ap^ prehensioas of this kind are to affect us, let us consider which we ought to respect most, the representative or the collective body of the ped- pie. , My Lords, five hundried gentlemfen are not ten millions ; and if we nmsf have a contentipji,- let us take care to have the English nation on' 6ur'side. If this question be given up, the free- holders of England are reduced to a condition baser than the, peasantry of Poland. If they de- . sert their' own cause, they deserve to be slaves! My Lords, this is not merely tlje edld opinion of my understanding, but the Rowing expression of what I feel. It is my heart that speaks. I know }. speak warmly, piy Lords ; but this warmth shall neither betray my argument nor my temper. The kingdom -is in a fla.me. ' As mediators between the King and people, it is'our duty to represent ito him the true ebndition and teinper of his subjects. It is a |duty which no particular respects should hinder iis from per- forming; and whenever his Majesty shall de- mand our advice,, it will then b^ our duty to in- quire more minutely into the causes ofth'e.pres- ent' discontents;,. Whenever that inqujry shall come on, I pljsdge myself to ihe House to prove that,-, since the first, institution of Ihe^House of Commons, not a single precedent can be pro- duced to'justify their .la>te proceedings. My.no. ble and learned friend {the Lord- Chancellor Camden) has pledged himself to the House that he will support tliat assertion. My Lords, the character and ciroprpstanoes of Mr. Wilkes have been yery improperly intro- duoed info this question, not only here, but in that court of judicature where his cause was tried — I mean the House of Commons. With one party he was a patriot of the first magni- tude ; with the othelr, the vilest incendiary. For my own part, I consider him merely arid indif- ferently as an English subject, posseted of cer- tain' rights which the laws have given him, and which the laws alone can take from hiral. I am neither moved by his private vices nor by his public merits. In Ms person, though ,he were thp worst of men, I contend for the safety and -se- curity of the best. God forbid, my Lords, that there should bfe a power in this country of meas- uring the civil rights of the subject by liis moral character, or by any other rule but tlie fixed laws "of the land I I believe, ray Lords, / shall not be suspected of any personal partiality to this unhappy "man. I am not very conversant in pamphlets Or newspapers; but, from what I have heard, and from the little I have read, I riiay venture to affirm, that I have had my share in the compliments which have come from that quarter.' As for motives of ambition (for I must 3 Lord Chatham here refers, among others, to Ja- nius, who had attacked him about a year before in his first letter. At a later .period Janins changed 1770.] CASE OF JOHN WILKES. 113 take to myself a part of the noble Duke's insiri- uation), I believe, my Lords, there have been times in which I have had the honor of standing in such favor in the closet, that there must have been something, extravagantly unreasonable in my wishes if they might not all have been grat- ified. After neglecting those ppportunities, I am now suspected of coming forward, in the decline of life, in the anxious pursuit of wealth and pow- er which it is impossible for me^ to enjoy. Be it so ! There is one.ambition, at least, which I ever will acknowledge, which I will not renounce but with my life. It is the ambition of delivering to my posterity those rights of freedom which I have received from my ancestors. I am not now pleading the cause of an individual, but of every freeholder in England. In what manner this , House may constitutionally interpose in their de- fense, and what kind of redress this case will re- quire and admit 6f, is- not at jiresent the subject of our consideration. The amendment, if agi-eed to, will naturally lead us to such an inquiry. That inquiry may, perhaps, point out the neces- sity of an act of the Legislature, or it may lead us, perhaps, to desire a conference with the other House ; which one noble Lord afBrms is the only parliamentary way of proceeding, and which an- other noble Lord assures us the House of Com- mons would either not come to, or would break off with indi prevailed in our councils, we have con- stantly experienced the fatal efiects of it. By suffeTing our natural enemies to oppress the powers less able than we are to make resist- jince, we have permitted them to increase their strength, we have lost the most fa.vorable oppor- tunities of opposing them with success, and found ourselves at last obliged to run every hazard in making that cause our own, in which we were not wise enough to take part while the expense and danger might have been supported by oth- ers. With respect to Corsica, I shall only say, that France has obtained a more useful and im- portant acquisition in one pacifie campaign than in any of her belligerent campaigns — ^at ' least while I had the honor of administering war against her. The word may, perhaps, be thought singular. I mean only while T was the minis- ter Chiefly intrusted with the conduct of the war. I remember, my Lords, the time when Lorraine was united to the crown of France. That, too, was in some measure a pacific conqijest; and there were people who talked of it as the noble Duke now speaks of Corsica. France was per- tnitted to take and keep possession of a npble provincfe ; and, according to his grace's ideas, we did right in not opposing it. The effect of these acquisitions is, I confess, not imniiediate ; but they unite with the main body by degrees, and, in time, make a part of the national strength. I fear, my Lords, it is too much the temper of this country to be insensible of the approach of danger, until it comes with accumulated terror upon us. My Lords, the condition of his Majesty's af- fairs in Ireland, and the state of that kingdom within itself, will undoubtedly make a very ma- terial part of your Lordship's inquiiy. I am not sufficiently informed to enter into the subject so fully as I could wish ; but by what appears to the public, and from my own observation, I con- fess I can not give the ministry much credit for the spirit or prudence of their cbnduct. I see that even where their measures are well chosen, they are incapable of carrying them through without some unhappy mixture of weakness or imprudence. They are incapable oS doing en- tirely right: My Lords, I do, from my con- science, and from the best weighed principles of my understanding, applaud the augmentation of the army. As a military plan, I believe it has been judiciously arranged. In apolitical * Inlthe year 1768, France, under pretense of a transfer from the Genoese (who claimed the island), had seized qpon Corsica. General Paoli made a brave resistance, but vpas overpowered, and fled to England, where his presence excited a lively inter- est in the oppressed Corsicans. Lord Chatham maintained that France ought to have been resist- ed in tliis shameful act of aggression. 116 LORD CHATHAM ON THE [1770. view, I am eonvinoed it was for the welfare, for the safety of , the whole empire. But, my Lords, with all these advantages, with all these recom- mendations, if I had the honor of advising his Majesty, I never would have consented to his accepting the augmentation, with that absurd, dishonorable condition which tbe ministry have submitted to annex to it." My Lords, I revere the just prerogative of the Crown, and would contend for it as warmly as for the rights of the people. They are linked tpgether, and natu- rally support each other. I would not touch a feather of the prerogatjj'e. The expression, per- haps, is too light j but, since I have made use of it, let me add, that the entire command and power of directing the local disposition qf the army is to the royal prerogative, as the master ' feather in the eagWs wing ; and, if I were per- mitted to carry the allusion a. little farther, I would say, they have disarmed the imperial bird, the " Ministrunl Fulminis Alitem.' '^ The army is the thunder of the Crown. The rainis-j try have tied up the hand which should direct the bolt. I My Lords, I remember that Minorca was lost for want of four battalions.' They could not be spared from hence, and there was a delicacy about taking them from Ireland, I was one of those who promoted an inquiry into that matter in Ihe other House ; and I was convinced We had not regular troops sufficient for the necessary service of the nation. Since the moment the plan of augmentation was first talked of, I have constantly and warmly supported it among my friends. I Jiave recommended it to several memi bers of the Irish House of Commons, and exhort- ed them to support it with their utmost interest in Parliament. I~did not foresee, nor could I conceive it possible, the ministry would accept of it, with a condition that makes the plan itself ineffectual, and,^ as far as it op6rat^s, defeats every iiseful purpose of maintaining a standing military force. His Majesty is now so confined by his promise, that he must leave twelve thou- ° This refer; to an engagement on the part of the King, that a mimber of eifedtive troops, not less than 13,000 men, should at all times, except in cases of invasion or rebellion in Great Britain.be' kept in Ireland for its better defense. ' " The winged minister of thunder." This.is one of the most beautiful instances in our literatnre of rising at once from a casual and familiar expression, which seemed below the dignity of the occasion, into a magnificent image, sustained and enforced by a quotation from Horace, which has always been admired for its sublimity and strength. The image of Sl feather here applied to the King may have suggested to Junius (who was obviously an attentive hearer of Lord Chatham) a similar ap- plication of it to the same personage a^few months after, in what has generally been considered the finest of his images. "The King's honor is that of his people. Their real honor and interest are the same. • » » « The feather that adorns the royal bird snppdrta its flight. Strip him of his plumage, aiid yoiiflic him to the earth." ' In January, 1756. -'Wi sand, men locked up in Ireland, let the situation of his affairs abroad, or the approach of danger to this country, be ever so alarmingy unless there be an actual rebellion or inyasion in Great Brit- ain. Even in the two cases excepted by the King's promise, the mischief must have already begun to operate, must h?ive already taken effect, before his Majesty ean be authorized to .send for the assistance of his Irish army. He has not left himself the power of taking any preventive meeisures, let his intelligence be eve): so certain his apprehensions of invasion or rebellion be ever so Tvell founded. Unless the traitor be actually in arms, unless the enemy he in the heart of your country, he can not move a single man from Ireland. I feel myself compelled, my Lords, , to return to that subject which occupies and interests me most. I mean the internal disorder of the Con- stitution, and ihe remedy it demands. Bat first I would observe, there is one point upon which I think the noble Duke has not explained him- self. I do ,not mean to catch at words, but, if possible, to possess' the sense of what I hear. I would treat every man with candor, and should expect the same oaiidor in return. For the no- ble Duke, in particular, I have every personal respect and regard. I never desire ,td, under- stand him but as he wishes to be understiiod. His Grace, , I think, has laid much stress upon the diligence of the. several public offices, sfli the assistance given them by the adtninistralion in preparing a state of the expenses of his Maj- esty's civil government, for the information of Parliament and for the satisfaction of the public. He has given us a number of plausible reasons for their not having yet been able to finish the account ; but, as far as I am able to recollett, he has not yet given us the smallest reason to hope that it ever will be finished, or that it ever will be laid before Parliament. My Lords, I am not unpraotioed in business ; and if, with all that apparent diligence, and all that assistance which the noble Duke speaks of, the accounts in question have not yet been niade up, I am convinced there must be a defect in some of the public offices, which ought to bo strictly inquired into, and severely punished. But, my Lords, the waste of the public money is not, of itself, so important as the pernicious purpose to which we have reason to suspect that money has been applied. For some years past, there has been an influx of wealth into this boun- try, which has been attended with many fatal consequences, because it has not been the regu- lar, natural produce of labor and industry.' The riches of Asia have been poured in upon us, and have brought with them not only Asiatic luxury, but, I fear, Asiatic principles of government. Without connections, without any natural inter- est in the soil, the importers of foreign gold have forced their way into Parliament by such a tor- Much otthe wealth which was brought from In- dia about this time, was used for the purchase, of seats in Parliament by men who went out mere ad- venturers. 1770.] STATE OF THE NATIOlST. 117 rent of private corruption,'as no private heredit- ary fortune could resist. My Lords, not saying but what is within the knowledge of us all, the oorrflp^ion of the people is the great original cause of the discontents of the people themselves, of the enterprise of the Crown, and the notorious .decay of the internal vigor of the Constitution. For this great evil some immediate remedy must be pi-ovided ; and I confess, my Lords, I did hope that his Majesty's servants would not have suf- fered so many years of peace to relapse without paying some attention to an object which ought to engage and interest us all. I "flattered ray- self I should see some barriers thrown up in defense of the Constitution ; some impediment formed to stop the rapid prpgressof coriuptipn. I doubt not we all agree that something must b^ done. I shall offer my thoughts, sUoh ks they are, to the consideration of the House ; and I wish that every noble Lord that hears me would be as ready as I am to contribute his opinion to this important service. ' I' will not call my own sentiments crude and undigested. It would be unfit for me to offer any thing to your Lordships which I had not well considered ; and this sub- ject, I own, has not long occupied my thoughts. I will now give them to your Lordships without reserve. ' ' Whoever understands the theory of the En- glish Constitution, and will compare it with the fact, must see' at once how widely they differ. We must reconcile them to each other, if we wish to save the liberties of this country ; we must reduce our political practice, as nearly as possible, to our principles. The Constitution in- tended that there should be a permanent relation between the ponstituent and representative body of the people. Will any man affirm that, as the House of Cotnmons is now formed, that relation is in any degree preserved ? My Lords, it is not preserved ; it is destroyed. Let us be cau- tious, however, how we have recourse to violent expedients. ^ The boroughs 6f this country have properly enough been called "the rotten parts" of the Constitution. I have lived in Cornwall, and, without entering into aiiy invidious particularity, have seen enough to j ustify the appellation . But in my judgment, ray Lords, these boroughs, cor- rupt as they are, must te considered as the nat- ural infirraity of the Constitution. Like the in- firmities of the body, we raust bear them with patience, and submit to carry them about with us. The limb is mortified, but the amputation might be death. Let us try, my Lords, whether some gentler remedies may not be discovered. Since we can not cure the disorder, let us endeavor to infuse such a portion of new health into the Constitu- tion as raay enable it to support its raost invet- erate diseases. The representation of the counties is, I thinjc, still preserved pure and uncorrupted. That of the greatest cities is upon a footing equally re- spectable; and there are many of the larger trading towns which still preserve their inde- pendence. The infusion, of health which I now allude to would be to permit every County to elect one member more, in addition to their pres- ent representation. The knights of the shires approach nearest to the 'constitutional represen- tation of the county, because) they represent the soil. It is not in the Jittle dependent boroughs, it is in the great cities and counties that the strength and vigor of the Constitution resides ;' and by them alone, if an unhappy question should ever arise, will the Constitution be honestly and firmly defended. It would increase that strength, because I think it is the only security we have against the profligacy of the tiraes, the corrup- tion of the people, and the ambition pi the Crowq.3 I think I have 'weighed every possible objec- tion that can be raised against a plan of this na- ture ; and I ponfess I see but one which, to rae, carries any appearance of solidity. It may be said, perhaps, that when the act passed for, unit- ing the two kingdoms, the number' of persons who werfe to represent the whole nation in Par- liament was proportioned and fixed on forever. That this limitation is^ a fundamental article, and can not be altered without hazarding a dissolu- tion of the Union. My Lords, no man who bears me can have a greater reverence for that wise and important act than I have, I revere the memory of that great prince [King William III.] who first form- ed the plan, and of those illustrious patriots who carried it into execution. As a contract, every article of it should be inviolable ; as the common basis of the strength and happiness of two na- tions, every article °f i* should be sacred. I hope I can not be suspected of conceiving a thought sci detestable as to propose an advant- age to one of the contracting parties at the! ex- pense of the other. No, my Lords, I mean that the benefit should be universal, and the consent to receive it unanimous. Nothing less than a most urgent and important occasion should per- suade me to vary even from the letter of the act ; but there is no occasion, however urgent, how- ever important, that should ever induce nje to depart from the spirit of it. Let that spirit be religiously preserved. Let us foUowT the prin- ciple upon which the representatipn of the two countries was proportioned at the Union ; and when we increase the number of representatives for the English counties, let the shires of Scot- land be allowed an equal privilege. On these ternis, and while-the proportion limited by the Union is preserved by the two nations, I appre- hend that no raan who is a friend to either will ' This is the first distinct proposal that was ever made for a reform of Farliament. It left the bor- ough system p it was, in all its rottenness, and aimed'to " infuse a portion of new health into the Constitution," snificient to counteract the evil, bv in- creasing the representation from the counties! The plan was never taken up by later reformers The rotten part was amphtated in 1832, as iord Chat- ham himself predicted it would be before the expi ration of a century. 118 LORD CHATHAM ON THE [1770. object to an alteration so necessary for the secu- rity of hotli. I do not speak of the authority of the Legislature to carry such a measure into ef- fect, because I imagine no man will dispute it. But I would not ■svish the Legislature to -inter- pose by an exertion of its, power alone, without the cheerful concurrence' of all parties. My ob- ject is the happiness and security of the two na- tioijs, and I would not wish to obtain it without their mutual consent. My Lords, besides ray warm approbation of the mQtioh made by the noble Lord,, I have a natural and personal pleasure in rising up to second it. I consider my seconding, his Lord- ship's motion (and I would wish it to be consid- ered by others) as a public demonstration of that cordial union which I am happy to affirm sub- sists between us, of my attachment to those prin- ciples which he has so well defended^ and of my respect for his personi There has been a tjme, my Lords, wh^ those who wished well to nei- ther of us, who wished to see us separated fdr- ever, found a Sufficient gratification for their malignity against us both. But tha4: time 'is happily at an end. The friends of this country will, I doubt not, hear with pleasure that the noble Lord and his friends are now united with me aid mine upon a principle which, 1 trust, will majce our union indissoluble. ,Iti is not to possess, or divide the emoluments of govern- ment, but, if possible, to save the state. Upon this ground we met ; upon this ground westahd, firm and inseparable. No ministerial artifices, no private offers^ no secret seduction, can divide us. United as we are, we can set the profound- est policy of the present ministry, their grand, their only arcanum of government, their " divide et impera,'"" at defiance. I hope an early day will be agreed to for considering the state of the nation. My infirm^ ities must fall heavily upon me, indeed, if I do not attend to my duty that day. When I con- sider my age and unhappy state of health, I feel how little I am personally interested in the event of any political question. But I look forward to others, and am determined, as far as my poor ability extends, to Convey to them who come after me the blessings which I can not hope to enjoy myself, ' It was impossible to resist the motion, and therefore the Duke qf Grafton yielded. to it with the best grace possible, naming two days from that time, January 24th, as the day for the en- quiry. He afterward deferred it until February 2d; but, finding it impossible to resist the press- ure, he resigned on the .28th of January, 1770. Lord North took his place. The administra- tion now became more decidedly Tory than be- fore. Lord North continued at the head of tha government for about twelve years. SPEECH OF LORD CHATHAM ON A MOTION CALLING FOR PAPERS IN RELATION TO THE SEIZURE OF THE FALKLAND ISLANDS BY SPAIN, DELIVERED IN THE HOUSE OF LORDS, NOVEMBER 2; 1770. INTRODUCTIOrr. The Falkland Islands, lying about three hundred miles east Of the Straits of Magellan, were discovered by the English in the days..oF daeen Elizabeth, but so dreary and-detemng was their appearance, that no steps were taken for their settlement daring the next two hundred years. At length, in 17fi5, they were occapied in form by the British government, who soon after erected a small blocl^house, named Fort Egmont, on one of the islands, and there stationed a few troops. Thi.s gave much offense to tlie court of Spain, which claimed all the Magellanic regions; and, after sundry protests, Buccarelli, the governor of Buenos Ayres, sent an expedition which dPpve the English from the islands in the early part of 1770. B is a remarkable fatt, as already mentioned, that Lord-Chatham predicted this event at the cloSe of the precedin'g Parliament, during the very month in which the Spanish fleet arrived at the Falkland Islands. "I do now^ pledge myself," said he, "to this honorable House for the truth of what I am going to assert, that, at this very hour that we are sitting together, a blow of hostility has been struck against ns by oar old inveterate enemies in some quarter of the world." When the intelligence of this seizure-reached England, the whole nation was fired at the indignity of- fered to the British flag.'and in every quarter the utmost eagerness was manifested to vindicate the na- tional honor. Lord Chatham, Who had always cherished a strong antipathy and contempt for the Span- iards, shared largely in these feelings. Accordingly, when the Duke of Richmond moved for papers on this subject, he made the following speech, in which he, first considers the outrage committed by Spain, and then expatiates on the want of spirit exhibited by the ministry, their neglect of naval and military preparations, the depressed condition of the country, and some of the causes which had led to this resnlt. SPEECH, &o.- My Lords, — I rise t o give my hearty assent *" Divide and rule. '■ ' This speech is understood to have b0en report- ed by Sir Philip Francis. to the motirtn made by the noble Duke. By his Grace's favor I have been permitted to see it, before it was offered to the House. I have fully considered the' necessity; of obtaining from the 1770.] RELATIONS TO SPAIN. 119 King's s^ervants a commurtication of the papers described in the motion, and I am persueided that the alarming state of facts, as well as the strength of teasoning with yhioh the noble Duke has urged and enforced that necessity, must have beep powerfully felt by your Lordships. What I mean to say upon this occasion may, seem, per- haps, to extend %eyond4he limits of the motion before us. But I flatter myself, my Lords, that if 1 am honored with your attention, it will ap- pear that the meaning and object of this question are naturally connected with considerations of the niiost extensive national importance. For entering into such considerations, no season is improper, no occasion should be neglected. Something must be done, my Lords, and imme- diately, to save an injurfed, insuUed, undgne country ; if not to save the state, my Lordsj at least to mark out and dfag to public justice those servants of the Crown, by whose ignorance, neg- lect, or treachery this once great, flourishing people are reduced to a condition as deplorable at home as it' is despicable abroad. Examples are wanted, my Lords, and should be given to the \i'orld, for the instruction of future times, even though they be useless to ourselves. I do not mean, my Lords, nor is it intended by the motion, to impede or embarrass a negotiation which we have been told is now in a prosperous train, and promises a happy conolnsion. [Lor(f Weymrmth. — I. beg pardon for inter- rupting the noble Lord ; but I think it necessary to remark to your Lordships that I have not said .a single word tending to convey.to your Lotd- ships any information or opinion with regard to the state or progress of the negotiation. I did, with the utmost caution, avoid giving to your Loi-dsbips the least intimation upon that matter.] I perfectly agree with the noble Lord. I did not mean to refer to any thing said by his Lord- ship. He expressed himself, as he always does, with moderation and reserve, and with the great- est propriety. It was another noble Lord, very high in office, who told us he understood that the negotiation was in a favorable train. [Earl of Hillsborough. — I did not make use of the word trairl. I know the meaning of the word too well. In the language from which it was derived, it signifies protraction and delay, which I could never mean to apply to the pres- ent Jiegqtiation.] This is the second time, that I have been in- terrupted. I submit to your Lordships whether this be fair and candid treatment. I am sure it is contrary to the orders of the House, and a gross violation of decency and politeness. I listen to every noble Lord in this House with attention and respect. The ndble Lord's design in interrupting me is as mean and unworthy as the manner in which he has done it is irregular and disorderly. He flatters himself that bylireak- ing the thread of my discourse, he shall confuse me in my argument. , But, my Lords, I typill not submit to this treatment. I will not be inter- rupted. When I have ooncliided, let him an- s.wer me, if h^ can, As to the word which he has-denied, I sti^l affirm that it was the word he made use of; but if he had used any other, I am sure every noble Lord will agrfee with me, that his meanjng was exactly what I have expressed it. Whether he said course or train is indifler- ent. He told your Lordships that the negotia- tion was in a way that promised a happy and honorable conclusion. His distinctions are mean, frivolous, .and puerile. My Lords, I do not un- derstand the exalted tone assumed by that noble Lord . In the distress and weakness of this coun- try, my Lords, and conscious as the ministry ought to be how much they have contributed to that distress and weakness, I think a, tone of modesty, pf submission, of humility, would be- come them better ; " quaedam causae modestiam desiderant."^ Before this, country they stand as the greatest criminals. Such I shall prove them to be ; for I do not doubt of proving, to your Lordships' satisfaction, that since they have been intrusted with the King's affairs, they have done every thing that they ought not to have done, and hardly any thing that they ought to have done. The noble Lord talks of Spanish punctilios in the lofty style and idiom of a Spaniard. ~ We are to be wonderfully tender of the Spanish point of honor, as if they had been the complainants, as if they had received the 'injury. I think he would have done better to have told us what care had been taken of the English honor. My Lords, I am well acquainted with the character of that nation; — at least as far as it is represent- ed by their court and ministry, an4 should think this country dishonore4 by, a comparison of the English good faith with the punctilios of a Span- iard. My Lords, the English are a candid, an ingenuous people. The Spaniards are as mean .and crafty as they are .proud and insolent. The integrity of the English merchant, the generous spirit of our naval and military officei-s, would be degraded by a comparison with their mer- chants or officers. With their ministers I have often been obliged to negotiate, and never met with an instance of candor or dignity in their proceedings; nothing but low cunning, trick, and artifice. After a long experience of their want of candor and good faith, I found myself compelled to talk to them, in a peremptory, de- cisive language. On this principle I submitted my advice to a trembling council for an imme- diate declaration' of a war with Spain.^ Your Lordships well know, what were the consequen- ces of not following that advice. Since, how- ever, for reasons unknown to me, it has been thought advisable to negotiate with the court of Spain, I should have conceived that the great and single object of Such; a negotiation would have been, to obtain complete satisfaction for the injury done to the crown and jieopleof En- gland. Bjat, if I understand the noble Lord, the only object of the present negotiation is to find a salvo for the punctilious honor of the Span- iards. The absurdity of sijeh an idea is of it- , ' Some causes oSU for modesty. = In' 1761, Seep. 63. 130 LORD CHATHAM ON THE [1770. self, insupportable. But, my Lords, I object to our negotiating at all, in our present circum- stances. ' We are not in that situation in which a great and powerful nation is permitted to ne- gotiatb, A foreign power has forcibly robbed his Majesty of a part pf his dominions. . Is the island restored ? Are you replaced in statiiquo? If that had been done, it might then, perhaps,' have been justifiable to treat with the aggu'essor upon the (Satisfaction he ought to make for the insult offered to the Crown of England. But will you descend so low ? • Will you so shame- fully betray the Kirfg"s honor, as'.to make it mat- ter of negotiation whether hie Majesty's posses- sions shall be restored to him or jiot j" I doubt not, ray Lords, that there are some important mysteries in the conduct of this. affair, which, whenever they are explained, will ac- count for the profound silence iiow observed by the King's servants. The tiftie will comei toy Lords, when, they shall be dragged from their concealments. ' There are some questions which, sooner or later, must be answered. The minis- try, =1 find, without declaring themselves explic- itly, have taken pains to possess the public with an opinion,, that the Spanish court have con- stantly disavowed the proceedings of their gov- ernor ; and some persohs, I'see, have been shame- less and daring enough to advise his Majesty to support and countenance this opiniq;i in his speech from thei. throne. Certainly, my Lords, there never was a more odious, a more infamous false- hood imposed on a great nation. It degrades the King's honor; It is an insult to Parliament. His Majesty has. been advised to confirm and give currency to an s^bsolute -falsehood. I beg your Lordship's attenjiion, and 1 hope I shall be understood, when I repeat, that the court of Spain's having disavowed the act of their gov- ernor is an absolute, a palpable falsehood.* Let me ask, my Lords, when the first communica- tion was made by the court of Madrid of their being apprised of the taking of Falkland's Isl- and, was it accompanied with an offer of instant restitution, of immediate .satisfaction j' and the punish^ient of the Spanish governor ? If it was not, they have adopted the act as their own, apd the very mention of a disavowal is an impudent insult offered to the King's dignity. The King of Spain disowns the thief, while he leaves him unpunished,, and profits by the theft. In viilgar English, he is the receiver of stolen goods, and ought to be treated accordingly. If your Lordships will look back to a period of the English history in which the circumstan- ces are reversed, in which the Spaniards were the complainants, you will see ho^y differently they succeeded. You will see one of the ablest men, one of the bravest officers, this or any other * History confirms Jhis statement.. Adolphns says that when Lord Weynjouth inquired " whether Gi'i- ihaldi had instructions to ,disavow the conduct of Buccarelli, he received an answer in the negative." —Vol. i-i p. 431. It was not until January asd, 1771, nearly three inonths after, that the disavowal was made. See Adolphus, 1., 435. country ever produced (it is hardly necessary to mention the name of Sir Walter Raleigh), saori- ficed by the meanest prince that ever sat upon the throne, to the Vindictive jealousy of that haughtj court. James the First was beise enough, at , the instance of Gondomar, to suffer a sentence against Sir Walter Raleigh, for another supposed offense, to be carried into execution almost twelve years after it had been passed. This was the pretense. His real crime was, that he hadmor- tally offended the Spaniards, while he acted by ' the King's express order's, and under his com- mission. . My Lords, the pretended disavowal by the court of Spain is as ridiculous as it is false. If your Lordships want any other proof, call for your own officers vvho were stationed at Falk- land Island., Ask the officer who commanded the garrison, whether, when he was summoned to surrender, the demand was made in the name of the Governor of Buenos Ayres or of his Cath- olic Majesty? Was the island said to belong to Don Francisco Buccarelli or to the King of Spa,in ? If I am not mistaken, we have been in possession of these islands since the year 1764 or 17-65. Will the ministry assert, that, in all that, time, the Spanish -court have never once claimed them ? That their right to them has never been urged, or mentioned to out ministry? If it has, the act of the Governor of Buenos Ayres is plainly the consequence of our 'refusal to acknowledge and submit to the Spanish claims. For five years they negotiate ; when that fails, they take the island by force. If that measure had arisen out of the general instructions con- stantly given to the Governor of Buenos Ayres, why should the execution of it have been defer? red so long? My Lords, if the falsehood of this pretended disavowal had been confined to the court of Spain,. I should have admitted it without oon- cern. I should have been content that tliey themselves had left a door open for excuse and aooonimodation. The King of England's honor is not touched till he adopts the falsehood, deliv- ers it to his Parliament, and adopts it as his own. I can not quit this subject without 'corajjaring the oondnet of the present ministry with that of a gentleman [Mr. George Grenville] who is now no more. The oooeisions were similar. , The French had taken a little island froin us [in 1764] called Turk's Island.. The minister then at the head of the treasury [Mr. Grenville] 'took the business upon himself. But he did not nego- tiate. He sent for the French embassador and made a peremptory demand. A courier was dispatched to Paris, and returned in a few days, wjth orders for instant restitution, not only of the island, but of every thing that the English subjects had lost.' Such, then, my Lords, are the circumstances ' A similar measure of spirit was adopted by the same minister with the Spaniards, who had driven our settlers from Honduras, to whom fourteen days had been qtllowed; upon which, all was instantly and amicably adjusted. 1770.] RELATIONS TO SPAIN. 121 of our difference with Spain ; and in this situa- tion, we are told that a negotiation has been entered into ; that this negotiation, which must have commenced near three months ago, is still depending, and that any insight into the actual stftte of it win impede the conclusion. My Lords, I am not, for ray own part, very anxious to draw from the ministry the information which they t^ke so much care to conceal from us. I very well know where this honorable negotiation vnll end — where it must end. We may, perhaps, be able to patch up an accommoda,tion for the pres- ent, but we shall have a Spanish war in six months. Some of your Lordships may, perhaps, remember the Convention. For several success- ive years our merchants.had been pliindered ; no protection given them ; no redress obtained for them. During all that time we were contented to complain and to negotiate. The court of Madrid Were then as ready to disown their offi- cers, and as unwilling to punish them, as they are at present. Whatever violence happened was always laid to the charge of one or other of their West InSia governors. To-day it was the Governor of Cuba, to-morrow of Porto Rico, Carthagena, or Pdrto Bello. If in a particular instance redress was promised, how was that promise kept? The merchant who had been robbed of his property was sent to the Wfcst In- dies, to get it, if he could,, out of an empty phest. At last, the Convention was made ; but, though approved by a majority of both houses, it was received by the nation with universal discontent, r myself heard that wise man [Sir Robert Wal- pole] say in the House of Commons, " 'TiS true we have got a Conventioft and a vote of Parlia- ment ; but what signifies if?;. We, shall have a Spanish war upon the back of, our Convention." Here, my Lords, I can not help mentioning a very striking observation made tp me by a noble Lord [Granville], since dead. His abilities did honor to this House" and to this nation^ In the upper departments of government he hadTiot his eflOal ; and I feel a pride in declaring, t)iat to his patronage, his friendship, and instruction, I owe whatever I am, This great man has pften observ- ed to me,' that, in all the negotiations which pre- ceded the Convention, our ministers never found out that there was no ground or subject for any negotiation. That the Spaniards had not a right to search our ships, and when they attempted to regulate that right by treaty, they were regu- lating a thing which did not exist. This I take to be something like the case of the ministry. The Spaniards have seized an island they have no right to ; and his Majesty's servants make it a matter of negotiation, whether his dominions shall be restored to him or not. From what I haye said, iny Lords, I do not doubt but it will be understood by many Lords, and given out to the public, that I am for hurry- ing the nation, at all events, into a war with 8 The Convention here referred -to was the one made by Sir Robert Walpole in 1739, which Lord Chathani at the time ao strenaoasly resisted. Spain. My Lords, I disclaim such counsels, and I beg that this declaration may be remembered. Let us have peace, my Lords, but let it be hon- orable,4et it be secure. .A patched-up peace will not do. It will riot satisfy the nation, though it may be approved of by' Parliament. I distinguish widely between a solid peace, and the disgraceful expedients by which a war may be deferred, bdt can not be avoided. I am as tender of the effusion of human blood as the no- ble Lof d who dwelt so long upon the miseries of war. If the bjoody politics of some noble Lords l^ad been followed, England, and every quarter of his Majesty's dbminions'would "have been glut- ted with blood — the blood of our own country- men. My Lords, I havcbetter reasons, perhaps, than many of your Lordships for desiring peace upon the terms I have described. J know the strength and preparation of the house of Bourbon \ I know the defenseless,' unprepared condition b[ this country. I kliow not by what mismanagement we are reduced to this situation ; but when 1 consider who are the men by' whom a war, in the outset at least, must be conducted, cain I but wish for peace? Let- them not screen them- selves behind the want of intelligence.^ They had intelligence : I know they had. If they had not, they are criminal, and their ejfouse is their crime. But I will tell these young ministers the true source of intelligence. It js sagacity. 'Sci- gacity to compare causes and effects ; to judge of the present state of things, and discern the future ,hy a careful review" of the past. Oliver Cromwell, who astonished mankind by his .intel- ligence, ,did not derive it from spies- in the cabi- net of every prince in Europe : he drew it from the cabinet of his own sagacious mind. He ob- served facts, and traced them forward to their consequences, From what was, he concluded what m,ust be, and he never was deceived. In the present situation, of affairs, I think it would be treachery to the natiott to conceal from them their real circumstances, and, with respect to a foreign enemy, I know that all concealments are vain and useless. They are as well acquainted with the actual force and weakness of this coun- try as any of the King's servants." ' This is no time for ;silenoe or reserve. I charge the min- isters with the highest crimes that men in their stations can be guilty of. I charge them with having destroyed all content and unanimity at honie by a series, of oppressive, unconstitutional measures ; and with having betrayed and deliv- ered up the nation defenseless to a foreign en- emy. Their utmost vigor has reached no farther th^n to a fruitless, protracted negotiation. When they, should have acted, they have contented themselves with talking " about it, goddess, and about it.'''' If we do not stand forth,, and do our duty in the present crisis, the nation is, irretriev- ably, undone. I despise the little policy of con- cealments. You ought to know the whole of your situation. -If' the information be newr to the ministry, let them take, care to profit by it. I 122 LORD CHATHAM ON THE [1770. mean to rouse, to alarm the whole nation ; to rouse the ministry, if possible, who seem to awake to nothing but the preservation of their places — to awaken the King. Early in the last spring, a motion was made in Parliament for inquiring into tlie state of the navy,' and an augmentation of six, thousand sea- men was offered to the ministry. They refused to give us any insight into the condition of the navy, and rejected the augmentation. Early in June tliey received advice of a commencement of hostilities by a Spanish armament, which had warned the JCing's garrison to quit an island be- longing to his Majesty. From that to the 1 2th of September, as if nothing had happened, they lay dormant. Not a man was raised, Tiot a sin- gle ship was put into commission. From the 12th of September, when they heard of the first blow being actually strucl^, we are to date the beginning of their preparations for defense. Let us now inquire, my Lords, what expedition they have ased, what vigor they have exerted. We have heard wonders- of the, diligence employed in impressing, of the large bounties offered, and the number of ships put into commission.. These have been, for some time past, the constant top- ics of ministerial boast and triumph. Without regarding the description, let us look to the sub- stance. I tell yourXordships that, with all this vigor and expedition, they have not, in a period of considerably more than two months, raised ten thousand seamen. I mention that nuinher, meaning to speak largely, though in tay own breast I am convjncedthat the number does not exceed eight thousand. But it is said they have ordered forty ships of the line into commission. My Lords, upon this subject I can speak with knowledge. I hstve been conversant in these matters, and draw my information from the great- est and most respectable naval authority that ever existed in this country — ^I mean the late Lord Anson. The merits of that great man are not so universally known, nor hts memory so warmly respected as he deserved. To his wis- dom, to his experience and care (and I speak it with pleasure), the natjon owes the glorious -na- val successes of the last war. The state of facts laid before Parliament in the year 17S6, so en- tirely convinced me of the injustice done to his character, that in spite of. the popular clamors raised against him,, in direct opposition to the complaints of the merchants, and of the whole city (whose -favor I am supposed to court upon all occasions), I replaced him at the h^ad of the Admiralty, and I thank God that I had resolution enough to do so. Instructed by this great sea- man, I do affirm, that forty ^ipsof the line, with their necessary attendant frigates, to be properly manned, require forty, thousand seamen. If your Lordships are surprised at this assertion, you will be more so when I assure yon, that in the last War, this' country maintained' eighty-five thousand seamen, and employed them all. Now, my Lords, the peace establishment of your navy, supposing it complete and effective (which, by-the-by, ought to be known), is six- teen thousand men. Add to these the number newly raised, and you have atout twenty-five thousand men to man your fleet. I shall come presently to the a.pplicatioh of this force, such as it is, and compare it with the services which I know are indispen.s'able. But first, my Lords, let us have done with the boasted vigor of the ministry. Let us hear no more of their activity. If your Lordships will recall to your minds the state of this country when Mahon was taken, and compare what was done by government at th^t time with the efforts now made in very simil!ir circumstanced, you will be able to de- termine what praise is due to the vigorous oper- ations of the present ministry. Upon the first intelligenpe of the invasion of Minorca, a great fleet was equipped and sent out,' and near double the number df seamen collected in half the time taken to fit out the present force, which, pitiful as it is, is hot yeit, if the occasion was ever so pressing, in a condition to go to sea. Consult the returns which were laid before Parliament in the year 1756. I was one of those who ur^^ed - a parliamentary inquiry into the conduct of the ministry. That ministry, my Lords, in the midst of universal censure and reproach, had honor and virtue enough to promote the inquiry themselves. They scorned to evade it by the mean expedient of putting a previous question. Upon the strict- est inquiry, it appeared that the diligence they bad used in sending a squadron to the Mediter- ranean, and in their other naval preparations, was beyond all example. My Lords, the subject on which I am speak- ing seems to callupon me, and I willingly take this occasion, to declare my opinion upon a ques- tion on which much wicked pains have been employed to disturb the minds of the people a'nd to distress government. My opinion may not be very popular ; neither am I running the race of popularity. I am myself clearly convinced, and I believe every man who knows anything of the Ehglish iiavy will ?icknowledge, that without impressing, it is impossible to equip a respect- able fleet wjthin the time in which, such arma- ments are usually wanted. If this fadt be ad- mitted} and if the necessity of arming upon a sudden emtergenoy should appear incontroverti- ble, what shall vve think of those men who, in the moment of danger, would stop the great de- fense of their country ? Upon ■whatever princi- ple they may act, the act itself is more than fac- tion — it is laboring to cut off the right hand of the eommurfity. I wholly condemn their Con- duct, and am ready to support any motion that may be made for bHnging tliose aldermen, who have endeavored to stop the execution of the Ad- miralty warrants, to the bar of this House. My Lords, I do not rest my opinion merely upon ne- cessity. I am satisfied that the power of im- pressing is founded upon uninterrupted usage. It is the" consuetude regni" [the custom of the realm], and part of the common law prerogative of the Crown. When I condemn the proceed- ings of some persons upon this occasion, let me do justice to a man whose character aind conduct 1770.] RELATIONS TO SPAIN. 123 have been most infamously traduced ; I mean the late Lord Mayor, Mr. Treacothiok. In the midst of reproach and clamor, he had firmness enough to persevere in doing his duty. IdovUot know in office a more upright magistrate, nor, in private life, a -worthier man. Permit me now, my Lords, to state to your Lordships the extent and variety of the service which must be provided for, and to compare them with our apparent resources. A due at- tention to, and provision for these services, is prudence in tjme of peace ; in war it is necessity. Preventive policy, my Lords, which obviates or avoids the injury, is far preferable to that vin- dictive policy which aims at reparation, or has no object but revenge. The precaution that meets the disorder is cheap and ^asy ; the rem- edy which follows it, bloody and expensive. The first great and acknowledged object of national defense in this country is to maintain such a su- perior naval force at home, that even the united fleets of Francejand Spain may never, be masters of the Channel. If that should ever happen, what is there to hinder their landing in Ireland, or even upon our own coast? They have often made the attempt. Iij King William's time it succeeded. King James ettibarked on board "a French fleet, and landed with a French array in Ireland. In the mean time the French were masters of the Channel, and continued so until their fleet was destroyed by Admiral Russel. As to the probable consequences of a foreign array landing in Great Britain or Ireland, I shall ofier your Lordships tpy opinion when I speak of the actual condition of our standing array. The second naval object with an English min- ister should be to maintain at all times' a powter- ,ful Western squadron. In the profoundest peace it should be respectable ; in war it should be formidable. Without it, the colonies, the com- merce, the navigation of Great Britain, lie at the mercy of the house of Bourbon. While I hail the honor of acting with Lord Anson, that able officer never ceased to inculcate upon the minds of his Majesty's servants,, the necessity of constantly maintaining a strong Western squad- ron ; and I must vouch for him, that while he was at the head of the marine, it was never neg- lected. The third object indispensable, as I conceive, in the distribution of our navy, is to maintain such a force in the Bay of Gibraltar as may be sufficient to cover that garrison, to watch the motions of the Spaniards, and to keep open the communication with Minorca. The ministry will not betray such a want of information as to dispute the truth of anjr of these propositions. But how will your Lordships be astonished when I inform you in what manner they have provided for these great, these essential objects? As to the first — I mean the defense of the Channel — I take upon ptiyself to affirm to your Lordships, that, at this hoijr (and I beg that the date may be taken dovvn and obser\fed), we can not send out eleven ships of the line so manned and equip- ped, that any officer of rank and credit in the serv- ice shall accept of the command and stake his reputation upon it. We have one ship of the line at Jamaica, one at the Leeward Islands, and one at Gibraltar ! Yet at this very moment, for aught that the ministry know, both Jamaica and Gibraltar may be attacked; and if they are at- tacked (which God forbid), '.they must falL Noth- ing can prevent it but the appearance of a supe- rior squadron. It is true that, -some two months agOj four ships of the line were ordered from Portsmouth and one from Plymouth, to carry a relief from Ireland to Gibraltar. These ships, my Lords, a week ago were still in port. If, upon their arrival at Gibraltar, they should, find the bay possessed by a superior squadron, the relief can not be lan.de'd ; and if it could be land- ed, of what force do your Lordships think it con- sists ? Two regiments, of four hundred men each, at a time like this, are sent to secure a place of such importance as Gibraltar ! a place which it is universally agreed can not hold out against a vigorous attack froin the Sea, if once the enemy should he so far masters of the bay as to make a good landing even with a moderate force. The indispensable service of the lines requires at least four thousand men. The pres- ent garrison consists of about two thousand three hundred; so that if the reUef should be -fortu- nate enough to get on shore, they will want eight hundred men of their necessary complement. Let us now, my Lords, turn our eyes home- ward. When the defense of Great Britain or Ireland is in question, it is ino longer a point of horror; it is not the security of foreign com- merce or foreign possessions ; we are to con- tend for the being of the state:. I have good authority to assure your Lordships that, the Spaniards have now a fleet at Ferrol, complete- ly manned arid ready to sail, which we are in no condition to meet. We could not this day send out eleven ships of the line properly equip- ped, and to-morrow the enemy may be masteis of the Channel. It is unnecessary to press the consequences of these Tacts tipon your Lord- ships' minds. If the enemy were to land in full force, either upon this coast or in Ireland, where is your army? Where is, your' defense? My Lords, if the house of Bourbon make a wise and vigorous use of the actual advantages they have over us, it is more than probable that on this day month we may not be a natirn. , What military force can the ministry show to answer any sud- den demand? I do not speak of foreign expe- ditions or offensive operations ; I speak of the interior defense of Ireland and of this country. You have a nominal army of seventy battalions, besides guards and cavalry. But what is the establishment of these battalions? Supposing they were complete in the numbers allowed, which I know they are not, each regiment would consist of something less than four hun- dred men, rank and file. Are these battalions complete ? .JIave any orders been given for an augmentation, or do the ministry mean to con- tinue them upon their present low establishment? When America, the West Indies, Gibraltar, and 124 LORD CHATHAM ON THE [1770. Minorca, are taken care of, consider, my Lord?, what part of this army will remain to defend Ireland and Great Britain? Thjs subject, my Ldrda, leads me to considerations of foreign policy and foreign alliance. It is more connect- ed with them than your Lordships may at first imagine., ^hen I compare the numbers of our people, estimated highly at seven millions, with the population of France and Spain, usually corai puted at twenty-five millions, I see a clear. Self- evident impossibility for this country to contend with the united power of the house, of Bourbon merely upon the strength of its own resources. They who talk of confining a great war to naval operations only, speak Without knowledge or ex- perience.? We can no more command the dis- position than the events of a war. Wherever we are attacked, there we must defend. I have -been much abused, ray Lords, for sup- porting a war which it has been the fashion to call my German war. But I can Affirm with a clear conscience, that that abuse has, been thrown on me by men who .were either unacquainted with facts, or had an interest in misrepresenting them. I shall speak plainly and frankly to your Lord- ships upon this, as I do upon every occasion. That I did in 'Parliament oppose, to the utmost of my power, our engaging in a German war, is most true ; and if the ^ame oirciimStance were to reoiir, I would act the same part, and oppose it again. But when I was called upon to take a share in the administratiorij that measure was already decided. Before I was appointed Sec- retary of State, the first treaty with the King pf Prussia was signed, and not'pnly ratified by the Crown, but approved of and confirmed by a. reso- lution of both houses of Parliament. It was a weight fastened upon my heck. By that treaty the honor of the Crown and the honor of the na- tion were equally engaged. How I could re- cede from such an lengagement — how I could advise the Crown to desert ^ great prince in the midst of those difficulties in which a reliance upon the good faith of this country had oontribT uted to involve^ him, are questions I willingly submit to your Lordships' candor. That won- derful man might, perhaps, have extricated liim» self from his difficulties without our assistance. He has talents which, in every thing that touches the human capacity, do honor to the human mind. But how would England have supported that I'ep- utation of credit and good faith by which we have been distinguished in Europe ? i What other for- eign power would haVe sought our friendship ? What other foreign power would have 'accepted of an alliance with us ? But, my Lords,, though I wholly condemn our entering into any engagements which tend to in- volve us in a continental war, I do not admit that alliances with some of the German princes are either detrimental or useless. They may be, my Lords, not only useful, but necessary. I hope, indeed, I never shall see an army of foreign aux- iliaries in, Great Britain ; we do not want it. If our, people are united — if they are attached to the King, and place confidence in his goverii- ment, we have an internal strength sufEoient to repel any foreign invasion. With respect to Ire- land,- my Lords, I ,am not of iher same opinion. If a pdvverfuL foreign arrpy were landed in that kingdom, with arms ready to be put into the hands of the Roman Catholics, I declare freely to your Lordships that I should heartily wish it were possible to collect twenty^thousand Gern^an Protestants, whether from Hesse, or Brunswick, or Wblfenbuttle, or even the unpopular Hano- verians, and land them ih Ireland. I wish it, my Lords, because I am convinced that, whenever the ease happens, we shall have no English army to spare. i ' I have taken a vvide oiJouit, my Lords, and trespassed, I fear, too long upon your Lordships' patience. Yet I can not conclude without en- deavoring to bring home your thoughts to an object more immediately interesting to us than any I have yet considered ; I' mean the internal condition of this country. We may look abroad for wealth, or triumphs, or luxury ; but England, my Lords, is the main stay, the last resort of the whole empire- To this point every scheme of policy, whether foreign or domestic, should ulti- mately refer- Have any measures been taken to satisfy or to unite the people ? Are the griev- ances they have so long complained of renioVed ? or do 'they stand not only unredressed, but ag- gravated? Is the right of free election restored to the elective body ?' My Lords, I myself am one of the people. I esteem that security and independence, which is the original birthright of an Englishman, far beyond the privileges, how- ever splendid, which are annexed to the peer- age. I myself am by birth an English elector, and join with the freeholders of England as in a common cause; Believe rae, my Lords, we mis- take our real interest as much as our duty when we separate ourselves from the mass of the peo- ple. Can it be expected that i^nglishmen will unite heartily in the defense of a government by which they feel' themselves insulted and oppress- ed ? Restore them to their rights ; that, is the true way to make them unanimous. It is not a ceremonious recommendation from tlje Throne that can bring back peace and harmony to a discontented people. - That insipid annual opiate has been administered so long that it has lost its effect. Something substantial, something' effect- ual must be done. The public credit of the nation stands next in degree to the rights of the Constitution ; it calls loudly for the interposition of Parliament. There (s a set of men, my Lords, in the city of London, who are known to live in riot and luxury upon the pluoder of the ignorant, the ipnooent, the helpless— ^ipon that part of the comthunity which stands most in need of, and best deserves the care and protection of the Legislature. To me, my Lords, whether they be miserablje jobbers of 'Change Alley, or the lofty Asiatic plunderers of Leadenhall Street, they are all equally detesta- ble. I care but little whether a man walks on foot, or is drawn by eight hoi-sefe or six horses; if his luxury is supported by the pltinder of his 1770.] RELATIONS TO SPAIN. 125 country, I despise and detest him. My Lords, while I had the honor of serving his Majesty, I never ventured to look at the treasury bat at a distance; it is a business I am unfit for, and to vfhioh I never could have submitted. The little I know of it has not served to raise my opinion of what is vulgarly called the moneyed interest ; 1 mean that bloo>J-sacker, that muck- worm, which calls itself the friend' pf government — that pre- tends to serve this or that administration, and may be purchased, on the same terms, by any administration — thit advances money to govern- ment, and takes special care of its own emolu- ments. Under this description I inqlude the whole race of commissaries, jobbers, contractors, cloth- iers, and remitters. Yet I do not deny that, even with these creatures, some management may be necessary. I hope, ray Lords, that noth- ing that I have said will be understood to extend to the honest and industrious tradesman, who holds the middle rank, and has given repeated proofs that he prefers law and liberty to gold. I love that class of men. Much less would I be thought to reflect upon the fair merchant, whose liberal commerce is the prime source of national wealth. I esteem his occupation and respect bis character. My Lords, if the general representation, which I have liad the hoiior to lay before you, of the situation of public affairs,' has in any njeasure engaged your attention, your Lordships, I am sure, will agree with me, that the season calls for more than common prudence and vigor in the direction of our councils. The difficulty of the crisis demands a wise, a firm,' and a popular ad- ministration. The dishonorable traffic of places has engaged us too long. Upon this subject, ray Lords, 1 speak without interest or enmity. I have no personal objection to any of the King's servants. I shall never be minister ; certainly not without full power to oat away all the rotten branches of government. Yet, unconcerned as I truly am for myself, I can not avoid seeing some capital errors in the distribution of the royal fa- vor. There are men, my Lords, who,iif their own services were forgotten, ought to have an hereditary merit with the house" of Hanover'; whose ancestors stood forth in the day of trouble, opposed their persons and fortunes to treachery and rebellion, and secured to his Majesty's fam- ily this splendid power of rewarding. There are other men, my Lords [looking sternly at Lord Mansfield], who, to speak tenderly of them, were not quite so forward in the demonstrations of their zeal to the reigning family. There was an- other cau?e, my Lords, and a partiality to it, which some persons had not at all tiraes discre- tion enough to conceal. I know 1 shall be ac- cused of attempting to revive distinctions. My Lords, if it were possible, X would abolish all dis- tinctions. I would not wish the favors of the Crown to flow invariably in one channel. But there are some distinctions which are inherent in the nature of things. There is a distinction between right and wrong — between Whig and TOEY. When I speak of an administration, such as the necessity of the season calls for, ray views are large and comprehensive. It must be popu- lar, that it may begin with reputation. It must be strong within itself, that it tnay proceed with vigor and decision. An administration, formed upon an exclusive system of family connections or private friendships, can not, I am convinced, be long supported , in this country. Yet, my Lords, no man respects or values more than I do that honorable eonneotion, which arises from a disinterested eoncurreiioe in opinion upon public measures, or from the sacred bond of private friendship and esteem. What I ruean is, that no suigle, man's private friendships or^ connections, however extensive,, are sufficient of themselves either to form or overturn an administration. With respect to the rninistry, I believe they have fewer rival* than they imagine. No pruden' man will covet a situation so beset with diffi- , culty and danger. I shall trouble your Lordships with but a few words more. His Majesty tells us in^is speech that he will call upon 'us for our advice, if it should be necessary in the farther progress of this' affair. It is not easy to say v^hether or no the ministry are serious in this declaration, nor what is meant by the progress of an affair which rests upon one fixed point. Hitherto we have not been called upon. But, though we are not consulted, it is our right and duty, as the King's great hereditary council, to offer him our advice. The pipers mentioned in the lioble Duke's mo- tion will enable us to form a just and accurate opinion of the conduct of his Majesty's servants, though not of the actual state of theif honorable negotiations. The ministry, too, seem to want advice upon some points in which their own safe- ty is immediately concerned. They are now balancing between a war which th^y ought to have foreseen, but for which they have made no provision, and an ignominious compromise. Let me warn them of their danger. If they are forced into a war, they ^tand it at the hazard of their heads. If by an ighominious compromise they should stain the honor of the Crown, or sac- rifice the rights of the people, let them look to the consequences, and consider whether they will be able to walk the streets in safety, The Duke of Richmond's motion was nega- tived by a vote of 65 to 21 . The ministry, how- ever, took from this time more decided ground, and demanded a' restoration of the islands, and a disavovval of their seizure, as the only coarse on the part of Spain which could prevent immediate war. It is now known that the Spanish court, in adopting these measures, had acted in concert with the court of France, and had reason to ex- pect her support, whatever might be the conse- quences. Had this support been afforded, the war predicted by Lord Chatham would inevita- bly hav« taken place. But the King of France found himself involved in great pecuniary diffi- culties, and could not be induced to enter into the war. The Spaniards were therefore com- 126 LORD CHATHAM ON THE [1774. pelled to yield. They disavowed the seissure and restored the islands, on condition that this restoration should not affect any clairn of right an the part of Spain. Three years after, they were abandoned by the English ; and it is now understood that Lord North secretly agreed to do this, when the arrangement was made for the restoration of the islands by the Spanish. SPEECH OF LORD CHATHABI ON THE BILL AUTHORISING THE QUARTERING OF BRITISH SOLDIERS ON THE INHABITANTS OF BOSTON, DELIVER/ED IN THE HOUSE OF LORDS. MAY 27, 1774. INTRODUCTION. The health of I-ord Chatham had for some time prevented him from taking any active part in public affairs. Daring two years he had rarely made his appearance iu the House of Xorda, and nothing but the rash and headlong measures of Lord North in regard to America, could h&ve- drawn him again from his retirement. ' ' - In speaking of ttiose measures, it' may be proper briefly to remind the reader of some of the preceding events. When Charles TowtTsend was left at the head of affairs, by Lord Chatham's unfortunate illness during the winter of 1766-7, he was continually goaded by Mr. Grenville on the subject of American tax- ation.i "You are cowards ! You are afraid of the Americans. You dare not tax America !" The rash spirit of Townsend was roused by these atta,cks. " Fear ?" said he. " Covrards ? Dai-c not tax Amer- ica ? / Aare tax America !" Grenville stood silent for a moment, and then said, " Dare you tax Amer- ica ? I wish to God you would do it." Townsend replied, " I will, i will." This haisfy declaration coald not he evaded or withdrawn, and in June, 1767, Townsend brought in a bill imposing duties on glass, pa- per, pasteboard,. white afad red lead, painters' colors, and tea, imported into the colonies. The preamble d'eclared that it was " expedient to raise a revenue in America." A spirit of decided resistance to these taxes was at once manifested" throughout all the colonies, and Lord North, on coming into power about two years after, introduced a bill repealing all the duties imposed by the act of 1767, except that oq tea. But this was unsatisfactory, for it put the repeal on "commercial grounds" alone, and expressly reserved the right of taxation. At the clode of 1773, t^e Bast India Comp&ny, encouraged by the ministry, sent large quantities of tea to Boston and some other American ports. The people resolved that the tea shoqld not he lauded, but should be sent back to England in the ships that brought it;. As this was forbidden by the Custom-house, all the tea on board the ships lying in Boston harbor was thrown into the water by men disguised as Ini^ians. on the evening of December 18th, 1773. This daring act awakened the keenest re- sentment of the British ministry. In March, 1774, laws were passed depriving Massachusetts of her char- ter, closing the port of Boston, and allowing persons chargqd with capital offenses to be carried to En- gland for trial. As a means of farther enforcemetit, a bill' was introduced in the month of May, 1774, for quartering troops on the inhabitants of the town of Boston, and other parts of the American colonies. This sta£e' of things gave rise to a number of Lord Chatham's most celebrated speeches, of which the fol- lowing was the first in order. SPEECH, &o. My Lobds, — The unfavoratle state of health under which I have long labored, could not pre- vent me from laying before your Lordships my thoupihts on the bill now upon the table, and on the American alfairs in general. If we take a transient view of those motives which induced the ancestors 6f our fellow-sub- jects in America to leave their native country, to encounter the innumerable difficulties of the unexplored regions of the Western World, our astonishment at the present conduct of their de- scendants will naturally subside. There was no corner of the world into which men of their free and enterprising spirit would not fly with alac- rity, rather than submit to the slavish and tyran- nical principles which prevailed at that period in their native countrj. And shall we wonder, 1 See Burke's admirable sketches of Grenville, Townsend, and Lord Chatham's third ministry, ia nis ,Speecb on American Taxation. my Lords, if the descendants of such illustrious characters spurn with contempt the hand of un- constitutional power, that would snatch from them such dear-bought privileges as they now contend for? Had the British colonies been .planted by any other kingdom than our own, the inhabitants would have carried with them the chains of slavery- and spirit of despotism ; but as they are, they ought to be remembered as great instances to instruct the world what great exertions mankind will naturally make, when they are left to the free exercise of their own powers. And, ray Lords, notwithstanding ray iatention to give my hearty negative to the ques- tion now before you, I can not help condemning in the severest manner the late turbulent and un- warrantable conduct of the 4-tnericans in some instances, partiioulaj-ly in the late riots of Boston. But, my Lords, the mode which has been pur- sued to bring them back to a sense of their duty to their parent state, has been so diametrically 1774] QUARTERING SOLDIERS IN BOSTON. 127 opposite to the fandamental principles of .sound policy, that individuals ppssessed of oommoa un- derstanding must be astonished at such proceed- ings. Byblocking up the harbor of Boston, you have involved the innocent' trader in the same punishment with the guilty profligates who de- stroyed your merchandise ; and instead of mak- ing a well-concerted efTort to secure the real offenders, you clap a naval and military eJctin^ guisher over their hferbor, and visit the crime of a few lawless depredators and their abettors upon the whole body of the inhabitants. My Lorc(s, this country is little obliged to the framers and promoters of this tea tax. The Americans had almost forgot, in their excess of gratitude for the repeal, of the Startip Act, any interest but that of the mother country ; there seemed an emulation among the different prov- inces who should be most dutiful and forward in their expressions of loyalty to their real bene- factor, as you will readily perceive by the fol- lowing letter from Governor Bernard to a noble Lord then in office. " The House of Representatives," says he, " from the time of opening the session to this day, has shown a disposition to avoid all dispute with me, every thing having passed with ' as much good humor as I could desire. They have acted in all things with temper and moderation ; they have avoided some subjects of dispute, and have laid a foundation for removing some causes of former altercation." This, my Lords, was the temper of the Amer- icans, and would have continued so, had it not been interrupted by your fruitless endeavors to tax them without their consent. But the mo- ment they perceived your intention was renewed to tax them, under a pretense of serving the East India Company, their resentment got tlie ascendant of their moderation, and hurried them into actions contrary to law, which, in their cool- er hoursj they would have thought on with hor- ror ; for I sincerely believe the destroying of the tea was the effect of despair. But, my Lords, from the complexion of the whole of the proceedings, I think that adminis- tration has purposely irritated them into those late violent acts, for which they now so severely smart, purposely to be revenged on thejn for the victory they gained by the repeal of the Stamp Act i a measure in which they seemihgly acqui- esced, but at the bottom they were its real ene- mies. For what other motive could induce them to dress taxation, that father of American sedi- tion, in the robes of an Kast India director, but to break in upon that mutual peace and harmony which then so happily subsisted between them and the mother country ? My Lords, I am an old man, and would advise the noble Lords in office to adopt a morp gentle mode of governing America ; for the day is not far distant when America may vie with these kingdoms, not only in arms, but in arts also. It is an established fact that the principal towns in America are learned and polite, and understand the Constitution of the empire as well as the no- ble Lords who are now in office ; and, conse- quently, they will have a watchful eye over their liberties, to prevent the least pnoroaohment on their hereditary rights. , This observation Is so recently exemplified in an excellent pamphlet, which comes from the pen of an American gentleman, that I shall take the liberty of reading to your Lordships his thoughts on the competency of the British Par- liament to tax America,, wiich, in my opinion, puts this interesting- matter in the clearest view. " The high court of Parliament," says he, " is the supreme legislative power over the whole empire ; in all frefe states the Constitution is fixed ;, and as the supreme Legislature derives its power and authority from the Constitution, it can not overleap the bounds of it without de- stroying its own foundation. The Constitution ascertains and limits both sovereignty and alle- giance ; and therefore ^his Majesty's American subjects, who acknowledged themselves bound by the ties of allegiance, have an equitable claim to the full eDJoyment of the fundamental rules of the English Constitution ; and that it is an es- sential, unalterable right in nature, ingrafted into the British Constitution as a fundamental, law, and ever held sacred and irrevocable by the sub- jects- within this realm, that what a man has hoijestly acquired is absolutely his own ; which he may freely give, but which can not be taken from. him without his consent." This, my Lords, though no n6w doctrine, has always been my received and unalterable opin- ion, and Iwill carry it to ray grave, that this country had no right under hmvein to tax Amer- ica. It is contrary to all the principles of jus- tice and civil-polity, which neither the exigen- ces of this state, nor even an acquiescence in the tax^s, c*ould justify upon any occasion whatever. Such proceedings will never meet their wished- for success. Instead of adding to their miseries, as the bill now before you most undoubtedly does, adopt some lenient measures, which may lure them to their duty. Proceed like a kind and affectionate parent over a child whom he ten- derly loves, and, instead of those harsh and se- vere proceedings, pass an amnesty on all their youthful errors, clasp them on6e more in your fond aiid affectionate arms, and I will venture to affirm you will find them children worthy of their sire. But, shovUd their turbulence exist after your proffered terms of forgiveness, which I hope and expect this House will immediately adopt, I will be among the foremost of your Lordships to move for such measures as will ef- feetually prevent a future relapse, and make them feel what' it is to provoke a fond and for- giving-parent ! a parent, my Lords, iwhose wel- fare has ever been my greatest and most pleas- ing consolation. This declaration may seem un- necessary ; but I will venture to declare, the pe- riod is not far distant when she will want the assistance of her most distant friends ; but should the all-disposing hand of Providence prevent me from affording her my poor assistance, my pray- ers shall be ever for her welfare — Length of 128 LORD CHATHAM ON [1776. days be in her right hand, and in her Uft riches and honor ; may her vmys be the ways oj' pleas- antness, and all her paths he peace ! Notwithstanding tWe warnings and remon- strances, the, bill was passed by a majority of 57 to 16. SPEECH OF LORD CHATHAM ON A MOTION FOR AN ADDRESS TO HIS MAJESTY, TO GIVE IMMEDIATE ORDERS FOR REMOVING HIS TROOPS FROM BOSTON, DELIVERED IN THE HOUSE OF LORDS, JANUARY 20, 1775. ' J-NTBODTJCTION. On the 20th of January, 1775, Lord Sartmoath, Secretary of State, laid before the Hoase of Lords va- rious papers relating to American aifairs. Upoi^i this occasion Lord Chatham moved an " address to his Majesty for the immediate removal of his troops from Boston," and supported it by the following speech. When he arose to speak, says one who witnessed the scene, "all was silence and profound attention. Animated, and, almost inspired by his subject, he seemed to feel his own unrivaled superiority; His ven- erable-figure, dignified and graceful in decay, his language, his voice, his gesture, were such as might, at this momentous crisis, big with the fate of Britain seem to characterize him as the guardian geniasofhis country." SPEECH, fee' Mr Lords, — After more than six weeks' pos- session ^f the papers now before you, on a sub- ject so momentous, at a time when the fate of this nation hangs on every hour, the ministry have at length condescended to submit to the consideration of this House,- intelligence from America with which your Lordships and the public have been long and fully acquainted. The measures of last year, my Lords, which have produced the present alarmiftg state of America, were founded upon misrepresentation.' They were violent, precipitate, and vindictive. The nation was told that it was only a faction in Boston which opposed all lawful government; that an Unwarrantable injury had- been done to private property, for which the justice of Parlia- ment was called upon to order i^eparation ; that the least appearance of firmness would awe the Americans into submission, and upon only pass- ing the Rubicon we should be " sine clade vic- tor."' .' ' That the people might choose their repre- sentatives under the influence of those misirep- resentations, the Parliament was precipitately dissolved. Thus the nation was to be rendered instrumental in executing the vengeance of ad- ministration on that injured, unhappy, traduced people. But now, my Lords,' we find that, instead of suppressing the opposition of the faction at Bos- ton, these measures have spread it over the whole continent. They have united that whole people by the most indissoluble of all bands — in- tolerable wrongs. The just retribution is an in- discriminate, unmerciful proscription of the inno- cent with the guilty, unheard and untried. The bloodless victory is an impotent general with his 1 This speech was reported by Mr. Hugh Boyd, a man of high, literiiry attainments, and bears very strong marl^ of accuracy. ■' Victorious without slaughter. , dishonored army, trusting solely to the pickax and the spkdg for security against the just indig- nation of an injured and insulted people. My Lords, I am happy that a relaxation of my infirmities permits me to seiie this earliest op- portunity of offering my poor advice to save this unhappy country, at this moment tottering to its ruin. ". But, a^ I have not the honor 6f access to his lilajesty, I will endeavor to traitsmit to him, through the constitutional channel of this Honse, my ideas on American business, to rescue him from the misadvice of his present ministers. I Congratulate your Lordships that the business is at. last entered upon by the noble Lord's [Lord Dartmouth] laying the papers before yon. As I suppose your Lordships are too well apprisod of their contents, I hope I am not premature in submitting to you my, present motion. [The motion was read.] I wish, my Lords, not to lose a day in this ur- gent, pressing crisis. An hour now lost in allay- ing ferments in America may produce years of calamity. For my own part, I will not desert, for a tnoment, the conduct' of this weighty busi- ness, from the first to the last. Unless nailed to my bed by the extremity of sickness, I will give it unremitted attention. I will knock atthedoor of this sleeping and confounded ministry, and will rouse them to a sense of their danger. When I state the importance of the colonies to this country, and the magnitude of danger hang- ing over this country from the present ^plan of misadministration practiced against them, I de- sire not to be understood to argue for a reciproc- ity of indulgence between England and America. I contend not for indulgence, but justice to Amer- ica ; and i shall ever contend that the Americans justly owe obedience to us in a limited degree— they owe obedience to our ordinances of trade and navigation; but let the line be skillfully drawn between the objects of those ordinances 1775] REMOVING TROOPS FROM BOSTON. 129 and their private internal property. Let the sa- credness of their property remain inviolate. Let it be taxable only by their own consent, given in their provincial assemblies, else it will cease to be property. As to the metaphysical refine- ments, attempting to shovf that the Americans are equally free from obedience and commercial restraints, as from taxation for revenue, as being unrepresented here, I pronounce them futile, friv- olous, and groundless. WherKI, urge this measure of recalling the troops from Boston, I urge it on this pressirig principle, that it is necessarily preparatory to the restoration of your peace and the establish- ment of your prosperity. It will then appear that you are disposed to treat amicably and Eq- uitably ; and to consider, revise, and repeal, if it should be found necessary (as I affirm it will), those violent acts 'and declarations whioh' have disseminated confusion throughout your empire. Resistance to your acts was necessary as it was just ; and your vain declarations of the om- nipotence of Parliament, and'your imperious doc- trines of the necessity of submission, will be found equally impotent to convince or to, enslave your fellow-subjects in America, who feel that tyranny, whether ambitioned by an individual part of the Legislature, or the bodies who compose it, is equally intolei'able to British subjects. The means of enforcing this thraldom are found to be as ridiculoijs and weak in practice as they are unjust in principle. Indeed, I Cim not but feel the most anxious sensibility for the situation of Geileral Gage, and the troops' vfnder his command ; thinking him, as I do, a man of humanity and understanding ; and entertaining, as I ever will, the highest respect, the warmest love for the British troops. Their situation is truly unworthy '; penned up — pining in inglorious inactivity. They are an army of impotence. You m^ call them an army of safety and of guard; but they are, in tfuth, an arni^ of impo- tence and contempt ; and, to make the folly equal to the disgrace, they are an army of irritation and vexation. But I find a report creepingiabroad that min- isters censure General Gagie'S inactivity. Let them censure him— ;-it becomes them^ — it be- comes their justice and their honor. I mean not to censure his inactivity. It is a prudent and necessary inaction ; but it is a miserable condi- tion, where disgrace is prudence, and where it is necessary to be contemptible. • This tameness, however contemptible, can not be censured ; for the first drop of blood shed in civil and unnatu- ral war might be " immedicabile vtilnus.'" I therefore urge and conjure your Lordships immediately to adopt this conciliating measure. I will pledge myself for its immediately produc- ing conciliatory effects, by its being thus well timed ; but if you delay till your vain hope shall be accomplished of triumphantly dictating rec- ^ Nil prosant aites ; erat immedicaiile vulrmt. All arts are vain: incurable ihe wound. Ovid's Metamorphose, book x., 189. I onoiliation, you delay forever. But, admitting that this hope (which ui truth is desperate) should be accomplished, what do you gain by the impositioh of your victorious amity? You will be nntrusted and unthanked. Adopt, then, the grace, while yott have the opportunity, of recon- oilement-^or at -least pr'dpare the way. Alky the ferment prevjtiling in America; by removing the obnoxious hostile caused — obnoxious and un- serviceable ; for their merit can be oiily inaction : "Non dimicare est vinoere,"* their "victory can. never be by exertidns. Their force would be most dispropoirtiohately ejterted against a brave, generous, and united people!, with arms" in their hands, and courage in their hearts : three mill- ions of people, , the genuine descendants of a valiant and pious ancestry, driven to those deserts by the narrow maxims of a superstitions tyranny. And is the spirit of persecution never to be ap- peased ? Are the brave sons of those ibrave forefathers to inherit their' sufTerings, as they have inherited their virtues ? Are they to sus- tain the infliction of the most oppressive and un- exampled severity, -beyond the accounts of his- tory or description of poetry : " Rhadatriakhus habet diirissima regna, castigatque auditque."^ So says the wisest poet; and perhaps the wisest statesman and pblitician. But our ministers say the Americans must not be heard. They have been condemned unheardf The indiscriminate hand of veijgeanoe has lumped together iimocent and guilty ; with all the formalities of hostility, has blocked up the town '[Bostpn], and reduced to beggary and famine thirty thousand inhabit- ants. _ ' But his Majesty is advised that the union in America can not last. Ministers have more eyes than I, and should have more ears ; but, with all the information! have been able to pro- cure, I can pronounce it a union solid, perma- nent, and eflectual. Ministers may satisfy them- selves, and delude the publid, with the report of w'hat tbey call commercial bodies in America. They are noi commercial . They are your pack- ers and factoi-s. They live upon nothing, for I call commission nothing. , I speak of the minis- terial authority for this American intelligence— the runners ifer governnlent, who are paid for their intelligence. Btit these are not the men, nor this the influence, to be considered in Amer- ica, when we estimate the firmness of their union. Even to extend' the question; and to take in the * Net to flght'is to conquer. * The passage is from the .ffineid of Virgil, book vi., 366-7. ' ' ' Gnosias hoec Ehadamanthus habet durissima regna, Castigatque auditque dolos. O'er these dire realms The Cretan Hhadamaiithus holds his sway, And lashes guilty souls, whose wiles and crimes He hears. ' ■ Lord Chatham, from the order of the. words, gives them an ingenious torn, as if the punishment came before the hearing ; which was certainly true of jus- tice as then administered ii) America, though not in the infernal regions of. Virgil. 130 LORD CHATHAM ON [1775. realJy mercantile circle, will be totally inade- quate to the consideration. Trade, indeed, in- creases- the wealth and glory of a country ; but its real strength and stamina are to be looked for among the .cultivators of the land. In their sim- plicity of life is found' the simpleness of .virtue — th6 integrity and courage ,of freedom. These .true, genuine sons of the earth are invincible;, and they surround and hem in the mercantile bodies, even if these bodies (whiot supposition I totally disclaim) could be supposed disaffected to the cause of- liberty. Of this genpral spirit existing in the British nation (for so I wish to distinguish the real and genuine Americans from the pseudo-traders I have described)-^of this spirit of independence, animating the nation' oS America, I have the most avithentic information, lit is not ne.vf among them. It is, and has ever been, their esta,blished principle, their confirmed persuasion. It is their nature and thfeir doctrine. I remember, some years ago, when thp repeal of the Stamp Act was in agitation, conversing in a friendly conQdenC'e with a person of undoubted respect ajid authenticity, on that siibjeot, and he assured me with a certainty which his judgment and opportunity gSve him, that these^ were the prevalent and steady principles of America — that you nugbt destroy their towns, and cut them off from the superfluities, perhaps the conveniences of life, but that they were prepared to despise your power, and would not lanient their loss, while they have-7-what, my Lords'? — ^their loooife and their HIieHy. The natne of my authority, if 1 9,m called upoil, will authenticate the opinion irretragably.^ If illegal violences have been, as it is said, committed in America, prepare the wiay, open the door of possibility for aoknowlecjgraent and satisfaction : but proceed not to such coercion, such proscription ; cea.se your, indiscriminate in- flictions i amerce not thirty thousand^ — oppress not three millions for thp fault of forty or fifty individuals. Such seve):ity of injustice must .for- ever render incurable the Wounds you have al- ready given your colonies ; you irritate them to unappeasalile rancor. What though you rnaroh from town to town, and from province to prov- ince ; though you should be able to enforce a temporary and local submission (which I only suppose, not admit), how shall you be able to se- cure the obedience of the, country you leave be- hind you in your progress to grasp the dominion of eighteen hundred miles of continent, populous in numbers, possessing valor, liberty, and resist- ance? This resistance to your arbitrary system of taxation might have been foreseen. ' It was ob- vious from the nature of things, and of mankind ; arid, above all, frdm the Whiggish spirit flourish- ing in that country. The spirit which now re- sists your taxation in America is the same which formerly opposed loans, benevblenoes, and ship- money in England ; the same spirit which called allJEnglaijt ""on its legs," and by the Bill of It was Dr. Franklin. Rights vindicated the English Constitution j. the same spirit which established the great fiibda- mental, essential maxim of your liberties, th/U no subject of England shall be taxed but by his own'konsent. This glorious spirit of Whiggism' animates thre^ millions in America, who prefer poverty with liberty, to gilded chains and sordid afflu- ence ; and who will die in defense of their rights as men, as freeman. ' What shall oppose this spirit, aided by the; congenial flame glowing in the breast of every Whig in Eiigland, to the a.mount, I hj^pe, of double the American num- bers ? Ireland they have to a man. In that country, joined as it is with the cause of the colo. nies, and placed at their head, the. distinction I contend for is and must be observed. This coun- try superintends and controls their trade and nav- igation ; but they tax themaelvfs: And this dis- tinction between external and internal control is sacred and insurmountable ; it is involved in the abstract nature of things. Property is .private, individual, absolute. Trade is an extended and complicated consideration : it reaches as fair as/ ships can sail or winds can blow : it is a great and various machine. To regulate the nupaber. less movements of its several parts, and conibine thepl into effect for the good of the whole, re- quires the superintending vvisdom and energy of the supreme power in tlje empire. But this su- preme power has no effect toward internal taxa- tion; for it.does not exist in that relation,; there is no such thing, i)o such idea- in this Constitu- tion, as & supreme power operating, upon proper- ty. Let this distinction then remain forever as- certained ; ta^^ation is theirs, commercial regu- lation is ours. Asan American, I would recog- nize to England h6r supreme right of regulating commerce and navigation ; as an Englishman by birth and principle, I recognize to the Americans their supreme, unalienable' right in their prbper- ty : a right which they are jijstified in the de- fense of to the last extremity. To maintain this principle is the common cause of the Whigs on the other side of the Atlantic and on this. " 'Tis liberty to liberty engaged," that they will defend themselves^ their families, and their coun- try. In this great cause they are immovably allied : it is the alliance of God and nature- immutable, eternal — ^fixed as the firmament of , heaven. ^ To such united force, what force shall be op- posed ? What,' my Lords ? A few regiments in Aniei;ica, and seventeen or eighteen thousand men at home! The, idea is top ridiculous to take up a moment of your Lbrdships' time. Nor can such a national and principled union be re- sisted by the tricks of office, or rpinisterial ma- neuver. Laying of papers on your table, or counting numbers on a division, will not avert or postpone the hour of danger. It must arrive, my Lord.S, unless these fatal acts are done away; it must arrive in all its horrors, and then these boastful ministers, spite, of all their confidence and all their maneuvers, shall be forced to hide their heads. They shall be forced to a disgrace- 1775.] REMOVING TROOPS FROM BOSTON. 131 ful jibandonment of their present measures and principles, which they avow, but'oan not defend ; measures which they presume to -attempt, but can not hope to effectuate. They can not, my Lords, they can not stir a step ; they have' not a move left ; they are check-mated ! Bat it is not repealing this act of Parliament, it is not repealing a, piece of parchment, that can restore America to' our bosom. You niust repeal her fears and her resentments, and you may then hope for her love and gratitude. But now, insulted with an armed force posted at Boston, irritated with a hostile- array before her eyes, her concessions, if you could force them, would be suspicious and insecure ; tHey will be " irato animo"' [with an angry spirit] ; they will not be the sound, honorable passions of freemen j they will be the dictates of fear and extortions of force. But it is more than evident that you osBft not force them, united as they are, to your unworthy terms of submission. It is impossible. And when 1 hear General Gage censured for in- activity, I must retort with indignation on those whose intemperate measures 'and improvident counsels have betrayed him into his present situ- ation. His situation reminds me, my Lords, of the- answer of a French general in, the civil wars of Franoe^^Monsieur Cond6 opposed to Mon- sieur Turenne. He was asked how it happened that he did not take his adversary prisoner, as he was often very near him. ^' J'^i peur," re- plied Conde, very honestly, "j'ai peur qu'il ne me prenne ;" Fm afraid he'll, take me. When your Lordships look at the papers transmitted us from Ameriqa — when you con- sider their decency, firtone.ss, and wisdom, you can not but respect their cause, and wish to make it your own. For myself, I must declare and avow, that in all my reading and observa,tion — and it Jias been my favorite study^ — I have read Thncydides, and have studied and admired the master-states of the world — that for solidity of reasoning, force of sagacity, and wisdom of con- dlusion,. under such a complication of difficult circumstances,- no nation or body of men can «tahd in preference to the general Congress at Philadelphia. I trust it is obvious to your Lord- ships that all attempts to impose servitude upon such men, to establish despotism over such a mighty continental nation, must be vain, must be fatal. We shall be forced ultimately to retract ; let us retract while we can, not when we must. I say we must necessarily undo these violent, oppressive acts.' They must be repealed, You will repeal them. I pledge myself for it, that you will, in the end, repeal them. I stake my reputation on it. I will consent to' be taken for an idiot if they are not finally repealed.' Avoid, then, this humiliating, disgraceful necessity. With a dignity becoming your exalted situation, make the first advances to concord, to peace-, and ' The Boston Port Bill, and the act taking away the charter of Massachusetts. ^ -This prediction was verified. Afl:er a war of three years, a repeal of these acts was sent oat to propitiate the Americans, but it was too late. happiness; for that is your true dignity, to act with prudence and justice. That you should first concede is obvious, from sound and rational policy. Concession comes with better grace and more salutary effect from superior power. It reconciles superiority of power with the feelings of men, and establishes solid confidence on the foundations of affedtion and gratitude. Str thoiight a wise ppet and a wise man in political sagacity— the friend of MecsBnas, and the eulogist of Augustus. Tpjhim, the adopted son and successor of the-first Cesar — to him, the master of the ■vforld, fie wisely urged this con- duct of prudence and digSify : " Tuque-prior, tu parce; projice tela manu."^, Every motive, therefore, of justice and of pol- icy,- of dignity and of prudence, urges you to al- lay the fermejit in -America by a removal of your troops from Boston, by a repeal of your acts of Parliament, and by demonstration of am- icable dispositions toward your colonies. On the other hand, every danger and every hazard impend to deter you from perseverance in your 9 If Lord Chatharn's mempry had not failed him in respect to these words, hia taste and genius would have suggested a still finer turn. They were addressed, not by 'Virgil to Augustus Cesar, but to a parent advancing in arms against a child; and would, therefore, have been applied with double force-and beauty to the contest of Elnglaud against America. The words- are taken from that splendid passage at the close of the sixth book of "Virgil's .^nefd, where ^nchises is showing to ^neas, in the world of spirits, the sou'ls- of -those who, were destined to pass within " the gates of life," and to swell, as his descendants, the long line of Roman greatness. After pointing .out the Decil and Brusii, Torqnatus with his blopdy ax, and Camillus with his standards of glory, he comes at last to Julius Ce- sar, and Poippey, his son-in-law, preparing for the battle of Fhai'sklia. As if the conflict might yet be averted, be addresses his future children, and en- treats them not to turn their arms against their country's vitals. He appeals especially to Cesar as "descended from Olympian Jove," and exhorts him " Tuque prior, ta parce ; projice tela mann." Illte autem, paribus quas fulgere eemis in armis, Concordes animce nunc et dum noote prementur, Heu ! quantum inter se bellum, si limiua vitoe Attingerint, quantas acies stragemque ciebunt, Aggeribus socer Alpinis atque arce MonoBci Descehdens, genqr adversis instructus fiois ! Ne, pueri, ne tanta animis assuecite bella ; Neu patriae validas in viscera vertite Vires ! Tuque prior, tu parce, genus qui ducia Olympo ; Projice tela 'rhanu, sanguis mens ! — 836-835. Those forms which now thou seest in e'qual arms Shining afar — united souls vifhile here Beneath the realm of night — what fields of blood And mutual slaughtef shall mark out their coarse, If once they pass within the Gates of Life ! See, from the Alpine heights the father comes Down by Monaco's tower, to meet the son Equipped with hostile legions froiii the East. rfay t hay, my children ! Train not thus your minds To scenes' of blood ! Turn notthose arms of strength Against your country's Vitals I ' ■ Thou Lthou, descended from Olympian Jove! Be first to spare I Son of my blood ! cast down Those weapons from thy hand ! 133 LORD CHATHAM [1777. present ruinous measures. Foreign war hang- ing over your heads by a slight and brittle thread; France and Spain watching yodr con- duct, and waiting for the maturity of your er^ rors, with a vigilant eye to America and the temper of your (colonies, more than to their own concerns, be they what they toay. To conclude, my Lords, if the ministers thus persevere in misadvising and misleadirig the King, I will not say that they can alienate the affections of his subjects from his crown, but I vrill affirm that they will tfiake the crown not worth his wearing.. I will not say that the King is betrayed, but I will pronounce' fAat the king- dom^ is undone. The motion, after a long debate, was losi by avote of 68 to 18. SPEECH OF LORD CHATHAM ON A MOTION FOR AN ADDRESS TO THE CROWN, TO PUT A STOP TO HOg. TILITIES IN AMERICA, DELIVERED IN THE HOUSE OF LORDS, MAY 30, im. INTBODUcVlON. , - Lord Chatham had now beeii prevented by his infirmities from taking; bis place in the Hoascof Lords for more than two years. Anxiods to make one effort more for ending the contest with America, he made his appearance in-'the House on the 30th of May, 177t, wrapped in flannels, and 'supported- on. crutchei, and moved an address to the King;, recommending that speedy and effectual measures be taken to put an end to the war between the colonies and the mother country. He spoke as follows ; SPEECH, &c. My Lords, this is a flying moment ; perhaps but six weeks left to arrest the dangers that sur- round us. The gathering storm may break ; it has already opened, and in part burst,- It is difficult for government, after all that has pass- eel, to shake hands with defiers of the King, de- fiers of the Parliament, defiers of the people. I am a defier of nobody ; but if an end is not put to this war, there is an end to this country. I do not trust my judgment in my present state of health ; this is the judgment of my better days — ^the result of forty years' attention to America. They are rebels ; but for what ? Surely not for defending their unquestionable rights! What have these rebels done heretofore? I remem- ber when they raised four 'regiments on their own bottom, and took Louisbourg from the vet- eran troops of France. But their excesses have been great : I do not tnean their panegyric ; but must observe, in extenuation, the erroneous and infatuated' counsels which' have prevailed ; the door to mercy and justice has been shiit against them ; but they may slill.be taken up upon the grounds of their former submission. {Referring to their petition.] I state to you the. importance of America : it is a double raarket-^the market of cbnsumption, and the market of supply. This double market for millidns, with u^val stores, you are giving to your hereditary rival. America has carried you through four wars, and will now carry you to your death, if you ddn't take things in time. In the sportsman's phrase, when you have found yourselves at fault, you must try back. You have ransacked every corner of Lower Saxony ; but forty thousand German boors never can con- quer ten times the number of British freemen. You' may ravage — you can not conquer; it is impossible ; you can not conquer the Americans. You talk, my Lords, of your numerous friends ariiong them to annihilate the Congress, and of your powerful forces to disperse their army. I might as well talk of driving them before me with this crutch ! But what would you conquer — the map of America ? I am ready to meet any general officer on the subject ;[looking at Lord Amherst.] What will yon do out of the pro- tection of your fleet ? In the wintei-, if togeth- er, they are starved ; and if dispersed, they are taken oS in detail. I am experience^ in spring hopes and vernal promises ; I know what minis- ters throw out ; but at last will come your equi- noctial disappointment. You have got nothing in America but stations. You have been three years teaching them the art of war ; they are apt scholars ; and I will venture to tell your Lordships that the American gentry will make oflicers enough, fit to command the troops of all the European powers'." What you haVe Sent there are too many to' make peace — too few to make war. If you conquer them, what theh ? You can not make them respect you ; you can not make them wear your cloth ; you will plant an invincible hatred in their breasts against you. Coming from the stock they do, they can never respect you.' If ministers are founded in saying there is no sort of treaty with France, there is still a moment left ; the point of honor is still safe. France must be as self-destroying as En- gland, to make a treaty while yon are giving her America, at the expense of twelve millions a year. The intercourse has produced every thing to France ; a pehdenqy of the colonies. ' " The inherent suprem- acy of the state in rggplating and protecting the navigation and commerce of all her subjects, is necessary for the mutual benefit and preserva/. tion of every part, to constitute and preserve the prosperous arrangement of the whole empire. The sound parts of America, of whjch I have spoken,, taust be sensible of these, great truths and of their real interests. America is not in that, state of desperate arid contemptible rebell- ion which this country has been deluded to be- lieve. It is not a wild and lawless banditti, who, having nothing to lose, might hope to' snatch something, from public convulsions. Many of their leaders and great men have a. great stake in this great contest. The gentleman who con- ducts their armies, I am told, has an estate of four or five thousand pounds a year; and when Iconsider these things, Tcan not but lament the inconsiderate violence of our penal acts, oar dec- larations o^ treason and rebellion, vrith all the fatal efTects of attainder and confiscation. As to the disposition of forejgn powers which is asserted [in the King's speech] to be pacific and friendly, let us judge, my Lords, rather by their actions and the nature of things than by interested assertions. The uniform assistance supplied to America by France, suggests a dif- ferent conclusion, The. most important interests of France in aggrandizing and enriching herself with what she most wants, supplies of every naval store froni America, must inspire her with different sentiments. The extraordinary prep- arations of the house of Bourbon, by land and by sea, from Dunkirk to the Straits,. equally ready and willing to overwhelm these defenseless isl- ands, should rouse us to a seuse of their real dis- position and our own danger. Not five thou- sand troops in England ! hardly three thousand in Ireland I What can we oppose to the com- 1777.] ADDRESS TO THE THRONE. 137 bioed force of out enemies ? ■ Scarcely twenty ships of the line so fully or sufficiently manned, that any admiral's reputation would permit him to take the command of. The river of Lisbon in the possession of our enemies ! The seas swept by American privateers ! Our Channel trade torn to pieces by them ! In this oora[ has taken measures accordingly to prevent it. Ministers have, I hear, applied to the Swiss Can- tons. The idea is preposterous. The Swiss never permit their troops to go beyond sea. But, my Lords, even if men were to be, procured in Germany, how will you march them to the water side ? Have not our ministers applied for the port of Embden, and has it not been re- fused? I say, you will not be able to procure men even for your home defense, if some imme- diate steps be not taken. ,1 remember, during ', Here, and in many other parts of his speech, his Iiordsbip broadly hinted that the "honse of Bourbon was meditating some important and decisive blow near home. the last war, it was thought advisable to levy in- dependent companies, i They were, when com- pleted, formed into two battalions, and proved of great-serviee. I love the army. I know its use. But I must nevertheless own that I was a great friend to the measurfe of establishing a na- tional militia. I remember, the, last war, that there were three camps formed of that corps at once in this kingdom. I saw them myself — ono at Winchester, another in the west, at Plymouth, and a third, if I recollect right, ati ChatKam. Whether the militia is at present in such a state as to answer the valuable purposes it did then, or is capable of, being rendered so, I will not pretend to say ; but I, see no reason why, in sueh a critical state of affairs, the experiment should not be made, and why it may not be put acain on the former respectable footing." I remem- ber, all circumstances considered, when appear- ances were not near so melancholy and alarm- ing as they are, that there were more troops in the county of Kent alone, for the defense of the kingdom,, than there are now in the whole island. My Lords, I contend that we have not, nor eah procure any force sufficient to subdue Amer- ica. It is monstrous to think of it. There are several noble Lords present, well acquainted with military affairs. I call upon any one of them to rise and pledge himself that the milita- ry force now within the kingdom is adequate to its defense, or that any possible force to be pro- cured from Germany, Switzerland, or elsewhere, will be equal to the conquest of America* I am too perfectly persuaded of their abilities and in- tegrity to expect any such eissistanoe from them. Oh ! but if America is not to be conquered, she may be treated with: Conciliation is at length thought; of. Terms are to be offered. Who are the persons that are to treat on the part of this afflicted and deluded country ? The very men who have been the- authors of ouV misfortunes. The very men who have endeavored, by the most pernicious policy, the highest injustice and op- pression, the most cruel and devastating war, to enslave those people they would conciliate, to gain the confidence and affection of those who have survived the Indian tomahawk and German bayonet. Can your Lgrdships entertain the most distant prospect of success from such *, treaty and such negotiations ? No, my Lords, the Americans have virtue, and they must detest the principles of such men. They have under^^ standing, and too much wisdom to trust to the cunning and narrow politics which must;oause such overtures on the part of their merciless per- secutors. My Lords, J maintain that they would shun, with a mixture of prudence and detesta- tion, any proposition corping from that quarter. They would receive terms from such men as snares to allure and betray. They would dread them as ropes meant to be put about their legs, in order to entangle and overthrow them in cer- tain ruin. My Lords, supposing that our do- mestio ,danger, if at all, -is far distant ; that our enemies will leave us at lib erty to prosecnte to ^ This was afterward done. 1778.] LORD CHATHAM'S LAST SPEECH ON AMERICA. 141 war to the utmost of our ability ; stfppose your " Lordships should grant a fleet one day, an atmy another ; all these, I do affirm, will avail nothing, unless you accompany it -with advice. Minis- ters have been in error ; experience has proved it; and, what is worse, they continue it. They told yon, in the beginning, that 1 5,006 men would traverse all America, without scarcely an ap- pearance of interruption. Two campaigns have passed since they gave us this assurance. Tre-, ble that number have been employed ; and one of your armies, which composed two thirdsrbf the force by which America was to be subdued, has been totally destroyed, and is now led cap- tive through those provinces you call rebellious. Those men whom you called cowards, poltroons, rTjnaways, and knaves, are become victorious over your veteran troops ; and, in the midst of victory, and the flush of conquest, have set min- isters an example of moderation and magnanim- ity well worthy of imitation. My Lords, no time should be lost which may promise to improve this disposition in America, unless, by an obstinacy founded in madness, we wish to stifle those embers of afleotion which, aft^ all our savage treatment, do not seem, as yet, to have been entirely extingiiished. While on one side we must lament the unhappy fate of that spirited oflicer, Mr. Burgoyne, and the gkl- lant troops under his command, who were sacri- ficed to the wanton temerity and ignorance of ministers, we are as strongly compelled, on the other, to admire and applaud the generous, magr nanimous conduct, the noble friendship, brotherly afiection, and humanity of the victors, who, con- descending to impute the horrid orders of mas- sacre and devastation to th^ir true authors, sup- posed that, as soldiers and Englishmen, those cruel excesses could not have originated with the general, nor were consonant to the brave and humane spirit of a British soldier, if not com- pelled to it as an act of duty. They traced the first cause of those diabolic orders to their ti'ue source ; and, by that wise and generous interpret- ation, granted their professed destroyers terms of capitulation wh^oh they could be only entitled to as the makers of fair and honorable war. My Lords, X should not have presumed to trouble you, if tlie tremendous state of this nation did not, in my opinion, make it necessary. Such as I have this day, described it to be, I do main- tain it is. The same measures are still persist- ed in ; and ministers, because your Lordships have been ' deluded, deceived, and misled, pre- sume that, wjienever the worst comes, they will be enabled to shelter themselves behind Parlia- ment. This, my Lords, can not be the case. They have committed themselves and their measures to the fate of war, and they must abide the issiie. I tiremble for this country. I am al- most led to despair that we shall ever be able to extricate Ourselves. At any rate, the day of ret- ribution is at hand, when the vengeance of a much-injured and; afliicted people will, I trust, fall heavily on the authors of their ruin; and I am strongly inclined to believe, that before the day to which the proposed adjournment shall ar- rive, the noble earl who raoVed it will have just cause to repent of his motion. This appeal was unavailing. The motion to adjourn was carried by a vote of 47 to 18. LAST SPEECH OF LORD CHATHAM, DELIVERED IN THE HOUSE OF LORDS,, APRIL 7, 1778. , INTRODUCTION. After the delivery of the preceding' speech, Lord Chatham continued to decline in health, and would probably never have appeared again in the House of Lords, had not a measure been proposed, against which he felt bound to enter a public remonstrance, even at* the hazard of his life. Ignorant of the real state of feeling in America,, he thought the colonies might be still brought back to their former allegiance and aflFection, if their wrongs were redressed. He learned, therefore, " with unspeakable conoern," that his friend the Duke of Richmond was about to move an address to the King, advising his Majesty to make a peace involving American independence, which Lord Chatham thought would be the ruin of his country. On the 7th of April, 1778, therefore, the day appointed for the Duke of Richmond's motion, ho came to Westminster, and refreshed himself for a time in the room of the Lord Chancellor, until he learn- ed that business was about to commence. " He was then led into the House of Peers," says his biogra- pher, " by his son, the Honorable William Pitt, and his- son-in-law, Lord Mahon. He was dressed in a rich suit of black velvet, and covered up to the knees in flannel. Within his large wig, little more of his coun- tenance was seen than bis aquiline nose, and his penetrating eye, which retained all its native fire. He looked like a dying man, yet never was seen a figure of more dignity. He appeared like a being of a superior species. Thp Lords stood up and made a lane for him to pass to his seat, while, with a grace- fulness of deportment for which he was so eminently distinguished, he bowed to them as he proceeded. Having taken his seat, he listened with profound Attention to the Duke of Richmond's speech." After Lord Weymouth had replied in behalf of the ministry, Lord Chatham rose with slowness and dif- ficulty from his seat, and delivered the following speech. It is very imperfectly reported, and is interest- ing chiefly as showing "the master spirit strong in death ;" for he sunk under the effort, and survived only a few days. Supported by his two relations, he lifted his hand from the crutch on which he leaned, raised it op, and, casting his eyes toward heaven, commenced as follows : 142 LORD CHATHAM'S LAST S] AMERICA. SPEECH, &o. I THANK God that r have been enabled to come here to-day — to perforin my duty, and speak on a subject which is so deeply impressed on my mind. I am old and infirm., I have one, foot — more than one foot — in the grave. I have risen from my bed to stand ,up in the cause of my country — perhaps never again to speak in this House. ["The reverence, the attention, the stillness of the House,"' said an eye-witness, "were here most affecting : had any one dropped a handker- chief, the noise would have been heard." As he proceeded, Lord Chatham spoke at first in a low tone, with all the wea,kness of one who is laboring under severe indisposition. Gradu- ally, however, as he warmed with the subject, his voice became louder and more distinct, his intonations grew more commanding,, and his whole manner was solemn and injpressive in the highest degree. He went over the events of the American war wittj that luminous and oomprehensive survey for which he was so much distinguished in his bglst days. He pointed out the measures he had condemned, and the re- sults he bad predicted, adding at each stage, as he advanced, " And so it proved ! And so it proved .'" Adverting, in one part of his speech, to the fears entertained of a foreign invasion, he recurred to tjie history of the past : "A Spanish invasion, a French invasion, a Dutch invasion, many noble Lords must have read of in history; and some Lords" (looking keenly at ofae whog^t near him, with a last reviving flash of his sar-. castio spirit), "some Lords may remember a Scotch invasion !" He could not forget Lord Mansfield'? defense of American taxation, and the measures of Lord Bute, which had brought down the country to its present degraded state, from,the exalted position to which he had raised it during his brief but splendid administi-ation. He then proceeded in the following terms :] My Lords, I rejoice that the grave has not closed upon me ; that I am still alives, to lift' up my voice against the dismemberment of this ancient and most noble mone^rchy i Pressed down as I am by the hand of infirmity, I am little able to assist my country in this most perilous conjunc- ture ; but, my Lor-ds, while I have' sense and memory, I will never consent to deprive the off- spring of the royal house of Brunswick, the heirs of the Princess Sophia, of their fairest inherit- ance. I will first see the Prince of Wales, the Bishop of Osnaburgh, and the other rising hopes of the royal family, brought down to this com- mittee, and assent to such an alienation. Where is the man who will dare to advise it ? My Lords, his Majesty succeeded to an empire as great in extent as its reputation was unsullied, , Shall we tarnish the luster of this nation by an igno- minious surrender of its rights and fairest pojs- sessions? Shall this great nation, that has sur- vived, -whole and entire, the Danish depredations, theSoottish inroads, the Norman cpnquest — that has stood the thre^ened invasion of the Span- ish Armada, now fall prostrate before the h of Bourbon ? Surely, my Lords, this natio nO longer what it was ! Shall a people seventeen years ago was the terror of the wi now stoop so low as to tell its ancient invete enemy, Tak^- all we have^ only, give us pet It is impossible ! I wage war with no mart or set of men wish for none of their employments ; nor w I co-operate with men who still persist in n traded error, or who, instead of acting on a f decisive line of conduct, halt between two n ions, where there is no middle, path. In G name, if it is absolutely necessary to deolari ther for peace or war, and the former can nc preserved with honor, why is not th& latter c menced without delay ? I am not, J^nfess, informed as to the resource^ of this kingdom, I trust it has still suflacient to maintain its rights, though I knovv them not.. But, my ^c any state is lietter than despair. Let jjs at J rnake one effort, and, if we must fall, let us like men ! When Lord Chatham had taken his seat, I Temple remarked to him, "You have forgo to mention -wjiat we have been talking ab Shall I get up ?" " No," repliedl Lord Cliatb "JwiUdoitby-and-by." Lord Richmond replied to Lord Chatl tfeUing him that the country was in no condi to continue the war ; and that, even i£,he 1 self were now (as formerly) at the„ head ol fairs, his name, great as it was, could not re the shattered fortunes of the country. Lord C ham listened with attention, but gave indicati at times, both by his countenance and his : tures, that he felt agitated or displeased. When the Duke of Richmond had ended speech. Lord Chatham made a sudden and st uous attempt to rise, as if laboring under pressure of painful emotions. He seemed es to speak ; but, after repeated 'efforts, he suddi pressed his hand on his heart, and sunk dow convulsions. Those who sat near him nS. him in their arms. His son WilHam Pilt, i a youth of seventeen, who was standing will the bar, sprang forward to support him. 1 this moment which Copley has chosen foi picture of the death of Lord Chatham, "j tory," says an able writer, "has no nobler si to show than that which now occupied the H of Lords. The unswerving patriot, whose life had been devoted to his bountry, had str to the last. The aristocracy of tlie land s around, and even the brother of the sover thought himself honored in being one of his porters; party enmities were rerafemberei inore; every other feeling was lost in adn tion of the great spirit which seemed to he | ing away from among them." He was rem in a state of insensibility from the House, and ried to Hayes, where he lingered a few days. died on the 11th. of May, 1778, aged seven LORD MANSFIELD. William Murkay, first Earl of Mansfield, was bom at Sooiie Castle, ftear Perth, in Scotland, on the 2d of March, 1705. He was the fourth son of Lord Stormont, head of an ancient but decayed family, which had been reduced to comparative poverty by a long course of extravagance. The title having been conferred by James I., Lord Stor- mont, like his predecessors, remained true to the cause of the Stuarts. His second son. Lord Dunbar, was private secretary to the Pretender. WiUiam was sent to London for his education at a very early age ; and hence John- son used sportively to maintain, that his success in after life pught not to be put to the credit of his country, since it was -^n^ell knovra that " much might be made of a Scotch- man if he was ca/ught young." Not a little, however, had beeii done for WUUam be- fore all the intricacies of practice, unusual cotirtesy and ease in the dispatch of business, and extraordinary^ powers of application. He came to the bench, not Kke most lawyers, trusting to his previous knowledge and the aid af&rded by counsel in forming his decisions, biit as one who had just entered on the real employment of his life. "On the day of his inauguration as Chief Justice, instead of thinking that he had won the prize, he considered himself as only starting in the race." ' How he discharged the duties of his high station, it belongs especially to men of his own profession to determine. One fact, however, may stand in the place of many authorities. Out of the thousands of cases which he decided in the Court of King's Bench, there were only two in which "his associates of that court did not unanimously agree with him in opinion. Yet they were, as all the world knows, men of the high- est abihty and the most perfect independence of mind. Junius, indeed, assailed him;' with malignant bitterness, but it is the universal decision ojf the bar that his charges were false as they were malignant. Against this attack we may set off the opinion of Chief Justice Story. " England and Arrierica, and the civihzed world, lie under the deepest obligatiohs to him. Wherever commerce shall extend its social influences ; wherever justice shaU be administered by enlightened and hberal rules ; wherever contracts shall be expounded upon the eternal principles of right and wrong ; wher- ever moral deUcacy and judicial refinement shall be infused into the municipal' code, at once to persuade men to be honest and to keep them so ; wherever the intercourse of mankind shall aim at something more eleviited than tljat groveling spirit of barter, ., in which meanness, and avarice, and fi-aud Strive for the mastery over ignoranpe, credulity, and folly, the name of Lord Mansfield will be held in reverence by the good and the wise, by the honest merchant, the enlightened lavifyer, the jl^st statesman, and the conscientious judge. The proudest monument of his fame is in the volumes of Burrow; and Cowper, and Douglas, which we may fondly hope will endure as long < a^ the language in which they are written shall continue to instruct mankind. His judgments should not be merely referred to and read on the spur of particular occa- sions, but should be studied as models of juridical reasoning and elpquence." Ae a speaker in the House of Lords, the success of Lord Mansfield was greater than LORD MANSFIELD. 147 in the House of Commons. The cahnness and dignity of the assembly were better suited to his habits of thought. Here, after a few years, he had again to encounter his grea-t antagonist, who was raised to the same dignity in 1766. As Chatham was the advocate of the people's rights, Mansfield was the champion of the King's prerogative. He defended the Stamp Act,(and maintained the right of Parliament to tax the Americans as being virtu ally "represented in the House of Commons. A speech on that subject, corrected by himself, is given below. ' Lord Campbell, not- withstanding his strong predilections as a "Whig, does not hesitate to pronounce it unanswerable. His speech in favor of taking away the protection extended to the servants of peers is the most finished of his productions, and will also be found in this volume. To these will be added his argument in the case of, the Chamber- lain of London vs. Allan Evans, which has often been spoken of as the most perfect specimen of juridical reasoning in our language. His address from the bench, when surrounded by a mob, during the trial of the outlawry of Wilkes, will also form part of the extracts. t . After discharging his duties as Chief Justice nearly tjiirty-two years, he resigned his bifice on the 4th of June, 1788. His faculties were still unimpaired, though his strength was gone ; and he continued in their unclouded exercise nearly five years longer, when he died, after an illness of teji days, on the 20th of March, 1793, in the eighty-ninth year of his age. ' " The countenance of Lord Mansfield," says a friend and contemporary, " was un- commonly beautiful, and none could ever behold it, even in advanced years, without reverence. Nature had given him an eye of fire ; and his voice, till it Wa,s affected by the years which passed over bimj was perhaps unrivaled in the sweetness and variety of its tones. There was a similitude between his actionand that of Mr. Garrick. In speaking from the bench, there was sometimes a confusion in his pe- riods, and a tendency to involve his sentences in parentheses ; yet, such was the charm of his voice and action, and such the general beauty, propriety, and force of his expressions, that, while he spoke, all these d.efe'cts .passed unnoticed." The eloquence of Lord Mansfield, espeeia,lly in his best speeches, in the House of Lords, wa,s that of a judge rather than an advocate or a party leader. He had the air of addressing the House of Lords, according to the theory of that body, as one who spoke upon honor. He sought not to drive, but to lead '; not to overwhelm the mind by appeals to the passions, but to aid and direct its inquiries-; so that his hearers had the satisfaction of seeming, at least, to form their own conclusions. He was peculiarly happy in his statement of a case. " It was worth more," said Mr. Burke, " than any other man's argument." Omitting all that was unnecessary, he seized, with surprising tact, on the strong points of a subject ; he held them stead- ily before the mind ; and, as new views opened, he led forward his hearers, step by step, toward the desired result, with almost the certainty of intuitive evidence. "It was extremely difficult," said Lord Ashburton, "to answer him when he was wrong, and impossible when he was in the right." His manner was persuasive, with enough of force and animation to secure tlie closest attention. His illustrations were always apposite, and sometimes striking and beautiful. His language, in his best speeches, was select and graceful ; and his whole style of speaking approached as near as pos- sible to that dignified conversation which has always been considered appropriate to the House of Lords. SPEECH )e LORD MANSFIELD ON THE RIGHT OF TAXINGf AMERICA, DELIVERED IN THE HOUSE OF LORDS, FEBRUARY 3, 1766, , INTRODUCTION; In January, 17^6, el bill was brought into the House of Coipmons, under lord Eockingham's ministry, 3r tbe-repe^l of the American Stamp Act; and in order to moUify the King, who was opposed to that iieasure, it was accompanied by a Declaratory Act, affirming that "Parliament had full power -and right make laws of sufficient force to bind the colonies." Lord Chatham, then &Ir. Pitt, remarked with sever- ;y'on this Declaratory Act when before the Commons. Lord Camden did the same when it came before be House of Lords, February 3d, 1766. He said, "In my opinion, my Lords, the Legislature have no ight to make this law. The sovereign authority, the omnipotence of the Legislature, is a favorite'doc- rine ; but there are some things which you can not do. You can not take away a man's property without laking him a compensation. You have no right to condemn any man by bill of attainder without hear- ig him. But, though Parliament can not take any man's private 'property, yet every subject must make ontribution; and this he consents to do by his representative. Notwithstanding the King, Lords, and Jommons could in ancient times tax other persons, they could not tax the clergy:" He then went on to onsider the case of the counties palatine of Wales and of Berwick, showing that they were never taxed ill they sent representatives to the House of Commons,; observing that the Iiish tax themselves, and that he English Parliament could not tax them. " But," said he, "even supposing the America'ns have no xclnsive right to tax themselves, it would be good policy to give it to them, instead of offensively exert- ng a power which you ought never to have exercised. America feels that she can do better without ns ban we can do without; her." Lord Northington, the Chancellor, made some coarse ind bitter remaf'ks in reply ; and Lord Mansfield hen rose to defend his favorite doctrine of the right of Great Britain to tax the colonies. His, speech is ly far the most plausible and argumentative one ever delivered on that side of the question ; and Lord' Jampbell, in referring to the subject, pays, " Lord Mansfield goes on with great calmness, and with argn- nents to which I have never been able to find an answer, to deny, as far as the power is concerned, the listinetion between a law to tax and a law for any other purpose.'" The speech was corrected for the iress by Lord &Iansfi£ld, and may therefore be relied opas authentic. SPEE My Loeds,-^I shall speak to the question :bequeatioii Strictly as a matter of right; for it is "t oj(p"]S'"' ^ proposition in its nature so perfectly <"='• distinct from the expediency' of the ax, that it must necessarily he taken' separate, f there is any true logic in the world ; but of he expediency or inexpediency I will say noth- ng. It will be time enough to speak upon that lubject when it comes to be a question. I shall also speak to the distinctions which lave been taken, without any real difference, as the nature of the tax ; and I shall point out, astly, the necessity there will be of exerting the 'orce of the superior authority of government, if jpposed by the subordinate part of it. j^- I am extremely sorry that the question has sver become necessary to be agitated, and that ;here should be a decision upon it. No one in ;his House will live long enough to see an end put to the mischief which will be the result of ;he doctrine which has been inculcated ; but the irrow is shot, and th? wound already given. I ihall certainly avoid personal reflections. No me has had more cast upon him than "myself; ' Lives of the Chancellors, v., 206. C H, &c. '■ ■ but I neyer was biased by any consideration of applauSe from without, in the discharge of my public duty; andj in giving my sentiments ac- cording to what I thought law, I have relied upon rrty own consciousness. It is with great pleasure I have heafd the noble Lor^ who moved the resolution express himself in so manly and sensible a way, when he recommended a dis- passionate debate, while, at the same tinje, he urged the necessity of the Hoi;se coming to such a resolution, with great dignity and propriety of argument. , I shall endeavor to clear away from the qnes- tion, all'tljat mass of dissertation and Kefutttiooot learning displayed in arguments which »*s"n«"'? , 1. L /.ii.. ,. f™"" nncient have been letohed from speculative records and men who have written upon the sub- '"°°"°°* ject of government, or from ancient records, as being little to the purpose. I shall insist that these records are no proofs of our present Con- stitution. A noble Lord has taken up his ar- gument from the settlement of the Constitution at the Revolution ; I shall take up my argument from the Constitution as it now is. The Consti- tution of this country has been always in a mov- ing state, either gaining or losing something; 1766.] LORD MANSFIELD ON TAXING AMERICA. 149 and with respect to the modes of taxation, when we get heyond the reign of Edward the First, or of King John, we are all in doubt and obscu- rity. The history of those times is full of uncer- tainties. In regard to the writs upon record, they were issued some of thera accdrding to law, and some not according to law ; and such [i. e., of the latter kind] were those concerning ship- moAey, to call assemblies to tax themselves, or to compel' benevolences. Other taxes were rais- ed from escuage, fees for knights' semoe, and by other means arising out of the feudal system. Benevolences are contrary to law ; and it is well known how people resisted the demands of the Crown in the case of ship-money, and were per- secuted by the Court; and if any set of njen were to meet now to lend the King money, it would be contrary to law, and a breach of the rights of Parliament. I shall now answer the noble Lord particular- ly upon the cases he has quoted. With respect to the Marches of Wales, who were the border- ers, privileged for assisting the King in his war against the Welsh, in the mountains, their enjoy- ing this privilege of taxing themselves yfSis but of a short duration, and during the life of Ed- ward the First, till the Prince* of Wales came to be the King ; and then they wer6 annexed . to the Crown, and became subject to taxes like the rest of the dominions of England; and from thence came the custom, though unnecessary, of naming. Wales and the town of Monmouth in all proclamations and in acts of Parliament. Henry the Eighth was the first who issued writs for it to return two members to Parliament. The Crown exercised this right ad libitum, from whence arises the inequality of representation in our Constitution at this day. Henry VIII. issued a writ to Calais to send one burgess to Parha- ment. One of the counties palatine (I think he said Durham) was taxed fifty years to subsidies, before it sent members to Parliament. The cler- gy were at no time unrepresented in Parliament. When they taxed themselves, it was done with the concurrence and consent of Parliament, who permitted thera to tax themselves upon their pe- tition, the Convocation sitting at the same time with the Parliament. They had, too, their rep- resentatives always sitting in this House, bish- ops and abbots ; and, in the other Hou^e, they were at i)o time without a right of voting singly for the election of members ; so that the argii- ment fetched from the case of the clergy is not an argument of any force, because they were at no time unrepresented here. The reasoning about the colonies of Great The colonies Britain, drawn from the colonies of SrtfSn antiquity, is a mere useless display po'n'v of learning ; for the colonies of the Tyrians in Africa, and of the Greeks in Asia, were totally different from our system. No na- tion before ourselves formed any regular system of colonization, but the Romans ; and their sys- tem was a military one, and of garrisons placed in the principal towns of the conquered provin- ces. The states of Holland were not colonies of Spaiii ; they were states dependent upon the house of Austria in a feudal dependence. Noth- ing could, be more different from our colonies than that flock of men, as they have been called, who came from the North, and poured into Eu- rope. Those emigrants renounced all laws, all protection, all connection with their mother coun- tries. Thiey chose their leaders, and marched under their banners tp- seek their fortunes and establish new kingdoms upon the ruins of the Roman empire. But our eolonieSj pn the contrary, emigrated under the sanction of the Crown and i,,„„ ^,.^. Parliament. They were modeled """'»• '• ti™ , . •! coloniee crea- gradually info, their present iorms, tei by ciiatier, respectively,' by charters, grants, and SepenSt"™ sta:tutes,; but they were never sep- °"^"'""'°' arated from the mother country, or so emanci- pated as t6 become sui juris. There are sev- eral sorts of colonies in British America. The charter colonies, the proprietary governments, and the King's colonies. The first colonies were the charter colonies, such as the Virginia Com- pany ; and these companies had among their di- rectors members of the privy council and of both houses of Parliament ; they were under the au- thority of the, privy, council," and ha,d agents resi- dent here, responsible for their prgceedings. So much yrere- they considered as belonging to the Crown, and not to the King personally (for there is a great difference, though few people' attend to it), that when the two Houses, in the time of Charles the First, wei'e going to pass a bill con- ceroing the colonies, a message was sent to them by the King that they were the King's colonies, and that the bill was unnecessaiy, for that the privy council would take order about thera ; and the bill never had the rdyal.assent. The Com- monvvealth Parliament, as soon as it was settled, were very early jealous, of the colonies separating themselves from them ; and passed a resolution or act (and it is a question whether it is not in force now) to declare and establish the authority of England over its colonies. But if there was no express law, or reason founded upon any necessary infer- s. They iiave ence from an express law. yet the ■"bmiiiej to usage alone would'be sufficient to mioau'^Z' support that authority ; for; have not ttSr'dop^nd- tlie colonies submitted ,ever since '°°°" their first'establishment tp the juirisdiction of the mother country ? In all questions of property, the appeals from the colonies have been to the privy council here ; and such causes have been determined, not by the law of the colonies, but by the law of England. A very little while ago, there was an appeal on a question of limitation in a devise of, land with remainders; and, not- withstanding the intention of the testator appear- ed very clear, yet the case was determined con- trary to it, and that the land should pass accord- ing to the law of England. The colonies have been obliged to recur very frequently to the ju- risdiction-here, to settle the disputes among their own governments. I well remember several references on this head, when the late Lord 150 LORD MANSFIELD [1766. Hardwicke was aillfe)rney general, and Sir Clem- ent Wearg solicitor general. New Hampshire and Connecticut welFe in blood about their differ- ences ; Virginia and Maryland were in arms against each other. This shovijs the necessity of one superior decisive jurisdiction, to which all subordinate jurisdictions may recur. Nothing, ray Lords, could be more fatal to the peace of the colonies at any time, than the Parliament giving up its authority over them ; -/or in such a case, there must be an entire' dissolution of gov- ernment. Considering; how the colonies are composed, it is easy to foresee there would be no end of feuds and factions among the several separate governments, w^hen once there shall be no one government here or there of sufficient force or authority to decide their mutual differ- ences ; and, government being dissolved, nothing remains but that the colonies must either change their Constitution, and take some new form of government, or fall under some foreign power. At present the several forms of their Constitution are very various, having been, produced, as all governments have been originally, by accidpnt and circurnstances. The forms of government in every colony were adopted, from time to time, according to the size of the colony ; and so have been extended again, from time to time, as the numbers of their inhabitants and their commer- cial connections outgrew the first model. In some colonies, at first there was only a governor assisted by two or three counsel ; then more were added ; afterward courts of justice were erected ; then assemblies were created. Some things were done by instructions from the secre- taries of state ; other, things were done by order of the King and council ; and other things by commissions under the great seali It is observ- able, that in consequence of these establishments from time to time, and of the dependency of these governments upon the supreme Legislature at home, the lenity of each government in the colonies h?is been extreme toward the subject; and a great inducement has been created for people to come and settle in them. Butj jf all those governments which are now independent of each other, should become independent of the niother country, I am afraid that the inhabitants of the colonies are very little aware of the con- sequences. They would feel in that case very soon the hand of power more heavy upon them in their own governments, than they have yet done, or have ever imagined. The Constitutions of the different colonies are 3 The iaw» to th"s madc up of different principles. mSd"2«.'d They must remain dependent, from tUeir pBonninry the neccBsitv of things, and their re- mtereBta vitally. , . ,'',.,. ^ ' - , > , lations to the jurisdiction of the moth- er country ; or they must be totally dismembered from it, and form a league of union amohg them- selves against it, which could not be effected without great violences. No one ever thought the contrary till the trumpet of sedition was blown. Acts of parliament have been made, not only without a doubt of their legality, but with universal applause, the great object of which has been ultimately to fix the trade of the coIo- nies, so as to center in the bostim of that country from whence they took their original. The Nav- igation Act shut up their intercourse with for- eign countries. Their ports have been made subject to customs apd regulations which have cramped and diminished their trade. And du- ties have been laid, affecting the very inmost parts of their commerce, and; among others, thjtt of the post ; yet all these have been submitted to peaceably, and no one ever thought till now of this doctrine, that the colonies are not to be taxed, regulated, or bound by Parliament. A few particular merchants were then, as now, dis- pleased, at restrictions which did not permit them to make the greatest possible advantages of their commerce in their own private and pecuhar branches. But, though these few merchants might think themselves losers in articles which they had no right to gain, as being prejudicial to the general and national system, yet I must ob- ,serve, that the colonies, upon the whole, were benefited by these laws. For these restrictive laws, founded upon principles of the mosfsolid policy, flung a great weight of naval force into the hands of the mother country, which was to protect its colonies. Without a union with her, the colonies must have been entirely weak and defenseless, but they thus became relatively great, subordinately, and in proportion as the mother country advanced in superiority over the rest of the maritime powers in Europe ; to which both mutually contributed, and of which both have reaped a benefit, equal to the natural and just relation in which they both stand recipro- cally, of dependency on one side, and protection on the other, r^' There can be no doubt, my Lords, but that the inhabitants of the colonies are as t. nt colonies much represented in Parliament, as ?^r«"ni°am the greatest part of the people of En- '"li'".™'- gland are represented ; among nine millions of whom there are eight which have no votes in electing members of Parliament. . Every objec- tion, therefore, to the dependency of the colonies upon Parliament, which arises to it upon the ground of representation, goes to the whole pres- ent Constitution of Great Britain ; and I suppose it is not meatit to new model that too. People may form speculative ideas of perfection, and in- dulge their own fancies or those of other men. Every man in this country has his particular no- tion of liberty; /but perfection never did, and never can exist in any human institution. To what purpose, then, are arguments drawn from a distinction, in which there is no real difference — of a virtaal and actual representation ? A mem- ber of Parliament, chosen for any borough, rep- resents not only the constituents and inhabitants of that particular place, but he represents the inhabitants of every other borough in Great Britain. He represents the city of London, and all other the commons of this land, and the in- habitants of all the colonies and dominions of Great Britain j and is, in duty and consoienoe, bound to take care of their interests. 176G.] TAXING AMERICA. 151 I have mentioned the customs and the post tax., 6. Tiie distinc- '^^^^ leads me to answer another dis- tbj oroxternM tinotion, as false as the above ; the and internal ,.'.{. ~ . , , ' tnirtionisa distmotion ' 01 mtemal and external taxes. The noble Lord who quoted s6 much law, and denied upon those grounds the right of the Parliament of Great Britain to lay internal ,taxes upon th§ colonies, allowed at the same time that restrictions upon trade, and du- ties upon the ports, were legal. But I can not see a real difference in this distinction; for I hold it to be true, that a tax laid in any place is like a pebble falling into and making a circle in a lake, till one circle produces and gives motion to another, and the whole oiroumference is agi- tated from the center. For nothing can be more clear than that a tax of ten or twenty per cent, laid upon tobacco,, either in the ports of Virginia or Lpndon, is a duty laid upon the inland plant- ations of Virginia, a hundred miles from the sea, wheresoever the tobacco grows. I do not deny but that a tax may be laid in- judiciously and injuriously, and that people in such a case ^lay have a right to complain. But the nature of the tax is not now the question ; whenever it comes to be one, I am for lenity. I would have no blood drawn. There is, I am satisfied, no occasion for any to be drawn. A little tirUe and experience of the inconveniences and miseries of anarchy, may bring people to their senses. With respect to what has been said or written 1^ n.- < ^ , upon this subject, I differ from the- noble Lord, who spoke oi Mr. Otis and his book with contempt, though he maintain- ed the same doctrine in some points, while in others he carried it farther than Otis himself, who allows every where the supremacy of the Crown over the colonies.' No man, on such a subject, is contemptible. Otis is a man of con- sequence among the people there. They have chosen him for one of their deputies at the Con- gress and general meeting from the respective governments. It was said, the man is mad. What then ? One madman often makes many. 'The celebrated James Otis is here referred to, who in 1764 pablished a pamphlet, which was re- printed in England, entitled The Rights of the Brit- ish Colonies. _ In this pamphlet, while he admitted the supremacy of the Crown over the colonies, he strenuonsly maintained, with Lord Chatham, that as long as America remained unrepresented in the House of Commons, FarUament had no right to tax the colonies. Mr. Otis, who was a man of fervid eloquence, ex- pressed himself so strongly respecting the rights of America, that some persons (as Lord Mansfield men- tions) treated him as a madman. There is a speech (to be foand in most of our collections of eloquence) which bears his name, and begins, " England may as well dam up the waters of the Nile with bulrush- es, as fetter the step of freedom," &o. It first ap- peared in a work entitled The Rebels, written by Mrs. Child, and was designed as a fancy sketch, like the speeches put by Mr, Webster into the mouth of Adams and Hancock, in his oration on the death of John Adams and Thomas Jefierson. Masaniello was .mad. Nobody doubts it; yet, for all that, he overtuirned the ^overnlnent of Naples. Madness is catching in all popular assemblies .lind upon all popular matters. The book is full' of wildhess. - I never read it till a few days ago, for I seldom look into such things. I never was actually acquainted with the con- tents of the Stamp Act, till I sent for it on pur- pose to read it before the debate was expected^ With respect to authorities in another House, I know nothing of them. I believe that I have not been in that House more than once since I had the honor to be called up to this ; and, if I did know any thing that passed in the other House, I could not, and would not, mention it as an authority here. T ought not to mention any such authority. I should think it beneath my own .and yojir Lordships' dignity to speak of it. ' I am far from bearing any ill will to the Amer- icans ; they are a very good jieople, and I have long, Isnown them. I began life^wilh them, and owe inuoh to them, having been much concerned in the plantation ca,uses befbre the privy coun- cil ; and so I became a good deal acquainted with American affairs and people. I dare say, their heat will soon be over, when they come to feel a little the consequences of their opposition to the Legislature. Anarchy always cures it- self; but the ferment will continue so much the longer, while hot-headed men there find that there are persons of weight and character to support and justify them" here. Indeed, if the disturbances should continue for a great length of time, force must be poree must be the ' consequences an application ad- ™rbaicS°con equate to the mischief, and, ^rising *■»»»■ out of the necessity of the case ; for force is only the difference between a superior and subordin- ate jurisdiction. In the former, the whole force of the Legislature resides collectively, and when it ceases to reside, the whole connection is dis- solved. It will, indeed, be to very little purpose that we sit here enacting laws, and making res- olutions, if the inferior will not obey them, or if we neither can nor dare enforce them ; for then, and then, I say, of necessity, the matter comes to the sword. If the offspring are grown too big and too resolute" to obey the parent, you must try which is the strongest, and exert ^11 the pow- ers of the mother country to decide the contest. I am satisfied, notwithstanding, that time and a wise and stc;ady conduct may pre- Esampies of vent those extremities which would CoJotii- be fatal to both. I remember well """>>i<"<^- when it was the violent humor of the times to decry standing armies and garrisons as dangei-- ous, and incompatible with the liberty of the sub- ject. Nothing would I do but a regular militia. The militia are embodied ; they march ; and no sooner was the militia law thus put into execu- tion, but it was then said to be an intolerable burden upon the subject, and that it would fall, sooner or later, into the hands> of the Crown. That was the language, and many counties pe- titioned against it. This may be the case with the colonies. In many places they begin already 153 LORD MANSFIELD [1766. to feel the effects of their resislanbe to govern- ment. Interest very soon divides mercantile people ; and, although there may be some mad, enthusiastic, or ill-desigrting people 'in the colo- nies; yet I am convinced that the greatest bulk, Vfho have understanding and property,- are still • vp-ell affected tothe mother country. you,have, my Lords, many friends still in the colonics"; and take care that you do not, by abdicating your own authority, desert them and yourselves, and lose them forever. In all popular tumults, the worst men bear the sway at first. Moderate and good men are often silent for fear or modesty, who, in good time, may declare themselves. Those who have any property to lose are sufficiently alarmed already at the progress of these public violences and vipla- tions, to which every man's dwelling, person, and property are hourly exposed. Numbers of such valuable men and good subjects are ready and willing to declare themselves for the support of government in due time, if government does not fling away its own authority. My Lords, the Pslrliament of Great Britain has its rights over the colonies ; hut it may ab- dicate its rights. There was a thing which I forgot to mention- Notice ofa I mean, the manuscript quoted by Lo™!'."^ the noble Lord. He tells you that nuiS/bySd it is there said, that, if the act oon- Caniden. cemlug Ireland had passed, the Par- liament might have abidicated its rights as to Ireland.-^ In the first place, I heartily wish, my Lords, that Ireland had not been named, at a titae when that country is of a temper andiin a situ- ation so difficult to be . governed ; and when we have already here so much Weight upon our hands, encumbered with the extensiveness, va- riety, and importtmce of so many objects in a vast and too busy empire, and the national sys- tem shattered and exhausted by a long, bloody, and expensive war, but more' so by our divisions at home, and a fluctuation of counsels. I wish Ireland, therefore, had never been named. J- I pay as much respect as any man to the memory of Lord Chief Justice Hale ; but I did not know that he had ever written upon the sub- ject ; and I differ veiy much from thinking with the noble Lord, that this manuscript ought to be published. So far am I from it, that I wish the manuscript had never been named ; for Ireland is too tender a subject to be touched. The case of Ireland is as differeht as possible from that of our colonies. Ireland was a conquered country ; it had its pacta conventa and its regalia. But to what purpose is it to mention the manuscript ? It is but the opinion of one man. When it was written, or for what particular object it was written, does not appear. It might possibly be only a work of youth, or an exercise of the un- derstanding, in sounding and trying a question problematically. All people, when they first enter professions, make their collections pretty early in life ; and the manuscript may be of that sort. However, be it what it may, the opinion is but problematical ; for the act to which the writer refers never pEissed, and Lord Hale only said, that, if it had passed,, the Parliament might have abdicated their right. But, my Lords, I shall ma;ke this application of it. You may abdicate -ybur right over the colonies. Take oare,' my Lords, how you d&so; for such an act will be irrevocable, troceed, then, my Lords, with spirit and firmness ; and, when you shall have established your authority, it will then be a time to show your lenity. The Americans, as I said before, Eire a very good peo- ple, and I wish them exceedingly well ; but they are heated and inflamed. The' noble Lord Vfho spoke before ended with a prayer. I can not end better than by saying to it. Amen ; and in ■ the words of Maurice, prince of Orange, con- cerning the Hollanders, " God bless this indus- trious, frugal, and well-meaning, but easily-de- luded people." The Stamp Act was repealed, and the De- claratory Act, thus advocated by Lord Mans- field, was also passed by a laj'ge majority. As Lord Campbell has pronounced the above argument itnanswerable; it may interest the young reader to know how it was actually answered by the Americans, and why they denied the right of Parliament to lay internal taxes upon them, 1. They owed their existence not to Parlia- ment, but to the Crown. The King, in the ex- ercise of the high sovereignty then conceded to him, had made them by charter complete civU communities, with Legislatures of their own hav- ing power to lay taxes and do all other acts which were necessary to their subsistence as distinct governments. Hence, 2. They stood substantially on the same foot- ing as Scotland previous to the Union. Like her they were subject to the Navigation Act, and similar regulations touohmg , the external rela- tions of- the empire ; and like her the ordinary legislation of England did not reach them, nor did the common law any farther than they chose to adopt it. Hence, 3. Th6y held themselves amenable in theit internal concerns, not to Parliament, but to the Crown alone. It was to the King in council or to his courts, that they made those occasional refer- ences and appeals, which Lord Mansfield endeav- ors to draw into precedents. So " the post tax" spoken of above, did not originate in Parliament, but in a^oharter to an individual whiqh afterward reverted to the Crown, and it was in this way alone that the post-offioe in America became con- nected with that of England. It was thus that the Americans answered the first three of Lord Mansfield's direct arguments (p. 1 49-50) . Their charters made them dependent not on Parliament, but on the Crown ; and their submission to En- glish authority, much as it involved their pecuni- ary interests^ was rendered only to the latter. Weak as they were, the colonists had soraetiines to temporize, and' endure an occasional over- reaching by Parliament. It was not always easy 1766.] TAXING AMERICA. 153 to draw the line 'between the laws of trade, to which they held themselves subject, and the general legislation of Parliament. But they considered it clear that their chai'ters exempted them from the latter, giving it to their own Leg- islatures. — See Massachusetts State Papers, p. 351. On this ground, then, they denied the right of Parliament to tax them. It is a striking fact in confirmation of these views, as mentioned by Mr. Daniel Webster, that the Arjnerican Decla- ration of Independence does not once refer to the British Parliament. They owed it no allegiaiice, their only obligations were to the King ; and hence the causes which they assigned for break- ing off from the British empire consisted in his conduct alone, and in his confederating with oth- ers in "pretended acts of legislation." They had, however, a second argument, that from hng-continued usage. Commencing their existence as stated above, the British Parliament had never subjected them to internal taxation. When this was attempted, at the end of one hund- red and 'fifty years, they used the argument of Mt. Buike, "Youwere not WONT to do these things from the beginning ;" and while his inference w£is, " Tour taxes are inexpedient and unwise," theirs was, " You have no right to lay thera." Long-continued usage forms part of the English Constitution. Many of the rights and privileges of the people rest on no other foundation ; and a usage of this kind, commencing with the very 'existence of the colonies, had given them, the ex- clusive right of internal taxation through their own Legislatures, since they maintained their in- stitutions at their own expense without aid from the mother country. To give still greater force to this argument, the Americans appealed to the monstrous consequences of the contrary supposi- tion. If, as colonies, after supporting their own governments, they were liable to give England what part she chose of their earnings to support her government — one twentieth, one tenth,, one half each year, at her bidding— -they were no longer Englishmen, they were vassals end slaves. When George the Third, therefore, undertook to lay taxes in America and collect them at the point of the bayonet, he invaded their privileges, he dissolved the connection of the colonies with the mother country, and theywere of right free. A third argument was that of Lord Chatham. " Taxation," said his Lordship, " is no part of the governing or legislative power." A tax bill, from the very words in which it is framed, is "a gift and grant of the Commons alone," and the concurrence of the Peers and Crown is only nec- essary to give it the form of law. " When, therefore, in this House," said his Lordship, '' we give and grant, we give and grant what is our own. But in an American tax what do we do ? We, your Majesty's Commons for Great Britain, give and grant to your Majesty — What ? Our own property ? No. We give and grant to your Majesty the property of your Majesty's subjects in America ! It is an absurdity in terms !" To this Lord Mansfield could only^reply, as he does in his fourth direct argument (p. 1 50) . " Amer- ica is virtually represented in the House of Com- mons." But this, as Lord Campbell admits, is idle and false. A virtual representation there may be of particular classes (as of minors and females), who live intermingled in the same com- munity with those who yote ; but a virtual rep- resentation of a whole, people three thousand miles off, with no intermingling of society or in. terests, is beyond all doubt " an absurdity in terms." The idea is contrary to all English usage in such cases. When the Scotch were incorporated with the English in 1705, they were not/ considered as " virtually.represented" in the English Parliainent, but were allowed to send representatives of their own. It was so, also, with Wales, Chester, and Durham, at an earlier period. Nothing, in fact, cpuld be more adverse to the principles of the English Constitution than the idea of the "virtual representation" of three millions of people living at the distance of three thousand miles from the body of English electors. But if not virtually represented, the Americans were not represented at all. A bill giving away their property was, therefore, null and void — as much so as a bill would be if passed "by the House of Lords, levying taxes on the Commons of En- gland. Under the English Constitution, repre- sentation of some kind is essential to taxation. > Lord Mansfield's last argument (p. 151) is, that " the distinction between external and in- ternal- taxation is a false one."' According to him, as Parliament, in carrying out the Naviga- tion Act, laid external taxes affecting the colonies. Parliament was likewise authorized to lay intern- al taxes upon them. The answer is given by Mr. Burke. The duties referred to were simply incidental to the Navigation Act. They were used solely as instruments of carrying it out, of checking trade and directing its channels. They had never from the first been regarded as a means of revenue. They stood, therefore, on a footing entirely different from that of internal taxes, which were " the gift and grani.of the Commons alone." The distinction between theru was absolute and entire; and any attempt to confound them, and to take money on this groundfrom those who are not represented in Parliament, was subversive of the English Constitution.' Such were the arguments of the Americans ; and the world has generally considered them as forming a complete answer to the reasonings of Lord Mansfield. ' The reader will find this distinction fully drawn ont in Mr. Burke'a S:; act of his selling it to another is the very breach of contract. So, likewise, a man who hath prom- ised marriage to one lady, and afterward marries another, can not , plead in bar of a prosecution from the first lady that he is already married, because his marrying the second lady is the very breach of promise to the first. A man shall not be allowed 40 plfead that he was drunk in bar of a criminal prosecution; though perhaps he was at the time as incapable of the exercise of reason as if he had been insane, because his drunken- ness was itself a crime. He shall not be allow- ed to excuse one crime by another. The Roman soldier, who cut off his thumbs, was not suffered to plead his disability for the service to procure his dismission with impunity, because his inca- pacity was designedly brought on him by his own willful fault. And I am glad to observe so good an agreement among the judges upon this point, who have stated it with great precision and clearness. When it was said, therefore, that " a man can not plead his crime in- excuse for not doing what he is by law retiuired to do," it only amounts to this, that he can not plead in excuse what, when pleaded, is no excuse ; but there is not in this the shadow of an objection to his pleading what is an excuse — pleading a legal disqualification. If he is nominated to be a justice of the peace, he may say, I can not be a justice of the peace, for I haye not a hundred potmds a year. In like manner, a Dissenter may plead, " I have not qual- ified, and I can not qualify, arid am not obliged to qualify ; and you have no right to fine me for not serving." (3.) It hath been said that " the King hath a right to the service of all his subjects." And this assertion is very true, provided it be prop- erly qualified. -Bat surely, against the operation of this general right in particular cases, a man may plead a natural or^ civil disability. May not a man plead that he was upon the' high seas? May not idiocy or lunacy be pleaded, which are natural disabilities ; or a judgment of a court of law, and much more a judgment of Parliament, which are civil disabilities ? (4.) It hath been said to be a maxim " that no man cam plead his being a lunatic to' avoid a deed executed, or excuse an act done, at that time, because," it is said, " if he was a lunatic, he could not remember any action he did during the period of his insanity ;" and this was doctrine formerly laid down by some judges. But I am glad to find that of late it hath been generally exploded. For the reason assigned for it is, in my opinion, wholly insufficient to support it ; be- cause, though he could not remember what pass- ed daring his insanity, yet he might justly say, if he ever executed such a deed, or did such an action, it must have been during his confinement or lunacy, fbr he did not do it either before or since that time. As to the case in which a man's plea of in- , sanity was actually set aside, it was nothing more than this : it was when they pleaded on tenus [or verbally] ; the man pleaded that he was at the time out of his senses. It was replied, How do you know that you were out of your senses ? No man that is so, knows himself to be so. And accoirdingly his plea was, upon this quibble, set siside ; not because it was not a valid one, if he was out of his senses, but because they concluded he was not out of his senses. If he had alleged that he was at that time con- fined, being apprehended to be out of his senses, no advantage could have been taken of his man- ner of "expressing himself, and his plea must have been allowed to be good. (5.) As to Larwood's ease, he was not allow- ed the benefit of the Toleration Act, because ho did not plead it. If he had insisted on his right to the benefit of it in his plea, the judgment must have been different. His inserting it in his rep- lication was not allowed, not because it was not an allegation that would have excused him if it had been originally taken notice of in his plea, but because its being not mentioned till after- ward wa? a departure from his plea. In the ease of the Mayor of Guilford, the Tol- eration Act was pleaded. The plea was allow- led good, the disability being esteemed a lawful one ; and the judgment was right. 17.] CASE OF EVANS. 159 &nd here the defendant hath likewise insisted I his right to the benefit of the Toleration Act. his plea he saith he is bona fide a Dissenter, hin the description of the Toleration Act; t he hath taken the oaths, and subscribed the daration required by that act, to show that ho lot a popish recusant ; that he hath never re- ved the sacrament according to the rites of Church of England, and that he can not in iscience do it ; and that for more than fifty irs past he hath not been present at- church the celebration of the established worship, but ;h constantly received the sacrament and at- ided divine service among the Protestant Dis- iters. These facts are not denifed by the lintiff, though they might easily have been versed ; and it was incumbent upon them to ve done it, if thefy had not known they should rtainly fail in it. There can be no doubt, srefore, that the defendant is a Dissenter-^— an nest, conscientious Dissenter ; and no oonscien- us Dissenter can take the sacrament at church, le defendant saith he can not do it, and he is t obliged to do it. And as this is the case, as 3 law allows him to say this, as it hath not ipped his mouth, the plea which he makes is lawful plea, his disability being through no ime or fault of his own. I say, he is disabled act of Parliament, without the concurrence or ;ervention of any fault or crime of his own ; d therefore be may plead this disability in-bar the present action. (6.) The case of " atheists and infidels" is out the present question ; they come not within B description of the Toleration Act. And this the sole point to be inquired into in all oases the like nature with that of the defendant, who re pleads the Toleration Act. Is the man na fide 3. Dissenter within the description of at act ? If not, he can not plead his disability consequence of his not having taken the sao- ment in the Church of England. If he is, he ay lawfully and with efiect plead it in bar of ch an action ; and the question on which this stinction is grounded must be tried by a jury. (7.) It hath been said that " this being ^ mat- r between God and a man's own conscience, it m not come under the cognizance of a jury." nt r>p.¥^ninlv it mav . and thnnrrli dnA a1nno ic in their verdict. If a man then alleges he is a Dissenter, and claims the protectioh and the ad- vantages of the Toleration Act, a jury may justly find that he is not a Dissenter within the description of the. Toleration Act, so far as to render his disability a la'^ful one. If he takes the sacrament for his interest, the jury may fairly conclude that this scruple of conscience is a false pretense when set np to aifoid a burden. The defendant in the present case pleads that he is a Dissenter -within ' the description of the Toleration Act; that he hath not taken the sac- rament in the -Church of England within one year preceding the time of his supposed elec- tion, nor -ever in his whole life ; and that he can not in conscience do it. ' Conscience is not controllable by human laws, nor amenable to humem tribunals. Persecution, or attempts to force conscience, will never pro- duce conviction, and are only calculated to make hypocrites or martyrs. V. -My Lords, there never was a single in- stance, from the Saxon times down to concluding our own, in which a man was ever "'se™''"""- punished for erroneous opinions -concerning rites or modes of worship, but upon some positive law.. The common law of England, which is only common reason or usage, knows of no pros- ecution for mere opinions. For atheism, blas- phemy, and reviling the Christian/ religion, there have been instances of persons pi-oseoutqd and punished upon the common law. But bare non- conformity is no sin by the common law; and, all positive laws inflicting any pains or penalties for nonconformity to the established rites and modes, are repealed by the Act of Toleration, and Dissenters are thereby exetopted from all ecctesiasticEil censures^ What bloodshed and confusion have been oc- casioned, from the reign of Henry the Fourth, when the first penal statutes were enacted, down to the revolution in this kingdoAi, by laws made to force conscience ! There is nothing, certainly, more unreasonable, more inconsistent with the rights of human nature, more contrary to the spirit and precepts of the Christian religion, more iniquitous and unjust, more impolitic, than per- secution. It is against natural religion, revealed rolirpmTi and Kmi.nd nnlinv 180 LORD MANSFIELD i ri770. There was no occasion to revoke the Edict of Nantes. The Jesuits needed only to haire- ad- vised a plan similar to what is contended for in the present oasey Make a law to render them incapable of office, make another to pimish them for not servings If, they accept, punish thecpi (for it is admitted on all liands that the defend- ant, in the cause before your Lordships, is pros- ecutable for taking the office upon him)— 'if they accept, punish thejn ; if they refuse, punish thern. If they say yes, punish them ; if they say no, punish them. My Lords, this is a most exqui- site dilemma, from which Jhere, is no esoapifig. It is a trap a man can not get out of; it is as bad 'persecution as that of Procrustes. If they are too short, stretch them ; if -they are too long, lop tliem. Small ^ould have been their consola- tion, to have be^n gravely told, " The Edict of Nantes is kept inviolable. You have the full benefit qf that act of toleration ; you may take the sacrament in your own way with impunity ; you are not compelled to, go lo mass." Were this case but told in the city of London, as of a proeeedingin France, how would they exclaim against the Jesiiitijcal distinction? , And yet, in truth, it' comes from themselves. The Jesuits never thought of it. When they meant to per- secute by their act of toleration, the Edict of Nantes was repealed. This by-law, by which the Dissenters are to be reduced to this wretched clilemma, is a by-law of the city, a local corporation, contrary to an act of Pa,rliament, which is the law of the land ; a modern by-law of a very modern date, made long since the Corporation Act, long since the Toleration Act, in the face of them, for they knew these laws were in being. It was made in some year in the reign of the late .King. — I forget which ; but it was made abput the time of byilding the mansion house ! ! Now, if it could be supposed the city have a power of mak- ing such a by-law, it would entirely subvert the Toleration Act, the. design of whichSvas to ex- empt the Dissenters from all penalties; for by such a by-law they have it- in their power to make every Dissenter pay a fine of six hundred pounds, ori any sum they please, for it amounts to that. The professed Resign of making this by-law was to get fit and able persons to serve the office ; and the plaintiff sets forth in his declara- tion, that, if. the Dissenters are excluded, they shall want fit and able persons to serve the office. But, were I to deliver my own suspi- cion, it would be, that they did not so much wish for their services as their fines. Dissenters have been appointed to this office, one who was blind, another who was bed-ridden ; not, I suppose, on account of their being fit and able to serve the office. No : tliey were disabled both by nature and by law. We had a case lately in the courts below, of a person chosen mayor of a corporation while he was beyond seas with his Majesty's troops in America, and they knew him to be so. Did they want him, to serve the office? No;' it was impossible. But they had a mind to continue the former mayor a year' longer, and to have a pretense for setting aside , him,' who was now chosen, on all future occasions, as having been elected before. In the case before your Lordships, the defend- ant was by law incapable at the time of his pre- tended election; and it is ihjf firm persuasion that he was chosen because he was incapable. If he had been capable, he ^ad not been chosen, for they did not Want him to serve the office. They chose him because, without a breach of the law, and a usurpation on the Crown, he could not serve the office. They chose him, that he might fall under the penalty of their by-law, made to serve a particular purpose ; in opposi- tion to which, and to avoid the fine thereby im- posed, he hath pleaded a legal disability, ground- ed on two acts of Parliament. As I am of opin- ion that his plea is good, I conclude with moving your Lordships, " That the judgment be affirmed.',' The jiidgment was accordingly affirmed, and an end put to a system of extortion so mean and scandalous, that it seems difficult to undefstanc!, at the present day, how an English community could have endured, or English courts have up- held, it for a single hour. SPEECH OF LORD MANSFIELD ON A BILL TO DEPRIVE PEERS OF THE REALM OF CERTAIN PRIVILEGES, DELIVERED. IN THE HOUSE OF LORDS, MAY 8, 1770. INTEOD0CTION. This speech is the best specimen extant of Lord Mansfield's parliamentary eloquence. It has that felicity of statement and clearness of reasoning: for which he was so much distinguished, connected with an ardor and elevation of sentiment, that give double force to every argument be uses. The style is un- commonly chaste and polished. It has a conversational ease, and yet entire dignity throughout, which have made it the favorite of all who love pure and simple English. ting rebuke which follows. Nothingconld be more mortifying to the citizens of Iiondon, among whom the fires of Smithfield had left a traditional horror of Popish cruelty, than to be thus held out to the world &s more cruel and Jesuitical than the detested persecutors of the French Huguenots. i770.] DEPRIVING PEERS OF CERTAIN PRIVILEGES. 161 My Lords, — When I consider the importance of this bill to your Lordships, I am not surprised it has taken so much of your consideration. It is a bill, indeed, of no common magnitude. It is no less than to talte away from two thirds of the Legislative body of t;bis great kingdom, certain privileges and immunities of which thtey have been long possessed. Perhaps there is no situ- ation the human mind can be placed in, that is SQ difficult, and so trying, as where it is naade a judge inits own cause. There is something im- planted in the breast of man so attached to itself, so tenacious of privileges once obtained, that, in such a situation, either to discuss with impartial- ity, or decide with justice, has ever been held as the summit of all human virtue. The bill now in question puts your Lordships in this very pre- dicament-, and J doubt not but .the wisdom of your decision will convince the world, that,- where self-interest and justice are in opposite scales, the latter will ever preponderate with your Lord- ships. Privileges have been granted to legislators in all ages and in all countries. The practice is founded in wisdom ; and, indeed, it is peculiarly essential to the Constitution of this country, that the members of both Houses should be free in their persons in cases of civil suits ; for there may come a time when the safety and welfare of this whole empire may depend upon their at- tendance in Parliament. God forbid that I should advise any measure that would in future endanger the state. But the bill before your Lordships has, I am confident, no such tendency, for it expressly secures the persons of member^ of either House in all civil suitsl This being the case, I confess, when I see many noble Lords, for whose judgment I have the greatest respect, standing up to oppose a bill which is calculated merely to facilitate the recovery of just and legal debts, I am astonished and amazed. ThSy, I doubt not, oppose the bill upon public principles. I would not wish to insinuate that private interest has the least weight in their determination. _ This bill has been frequently proposed, and as frequently miscarried ; but it was always lost in the Lower House. Little did I think, when it had passed the Commons, that it possibly could have met with such opposition here. Shall it be said that you, my Lords, the grand council of the nation, the highest judicial and legislative body of the realm, endeavor to evade by priviUge those very laws which yxpu enforce on your fellow- subjects ? Forbid it, justice.^ I am sure, were the noble Lords as well acquainted sis I am with but half the difficulties and delays that are every day occasioned in the courts of justice, under pre- tense of privilege, they would not, nay, they could not, oppose this bill. I have waited with patience to hear what ar- guments might be urged against the bill,; but I have waited in vain. The truth is, there is no argument that can weigh against it. The jus- tibe and expediency of this bill are such as ren- L SPEECH, &;c. der it self-evident. It is a proposition of that nature that can neither be weakened by argu- ment, nor entangled with sophistry. Much, in- deed, has been said by- some noble Lords on the wisdom of our ancestors, and how differently they thought from us. They not only decreed that privilege should prevent all civil suits fronl: pro- ceeding during the sitting of Parliament, hut like- wise granted prptection to the very servants of members. I shall say nothing on the vfisdom of our ancestors. It might perhaps appear invid- ious, and is not necessary in the present case. I shall, only say, that the noble Lords that flatter themselves witli the weight of that reflection,; should remember, that, as circumstances alter, things themselves should alter. Formerly it was not so fashionable either for masters or servants to run in debt as it is at present; nor formerly were merchants or manufacturers members of Parliament, as at present. The case now is very dilTerent. Soth merchants and manufacturers are, with great propriety, elected members of the Lower House. Commerce having thus got into the legislative body of the ,kingdom, privilege must be done away. We all know that the very soul and essence oJF trade are regular, payments ; and sad experience teaches, us that there are men who will not mal^e their regular payments without the compulsive power of the laws. The law, then, ought to be equally open to all. Any exemption to particular men, or particular ranks of men, is, in a free commercial country, a sole- cism of the-grossest nature. , But I will not trouble your Lordships with ar- guments for that which is sufficiently evident without any; I shall only say a few words to some tibble Lords, who foresee much inconven- ience from the persons of their servants being hable to be arrested. One noble Lord observes, that the coachman of a peer may be arrested while he js driving his master to the House, and conseqtfelBy he will not be able to attend his diity in Parliament. If this was actually to hap- pen, there are so many methqds by, which the member might still get to the Hpuse, I can hardly think the noble Lord to be serious in his objec- tion. Another noble Lord said, that by this bill one might lose his most valuable and honest serv- ants. This I hold to be a contradiction in terms ; for he neither can be a valuable servant, nor an honest man, who gets into debt, which he neither is able nor wilKng to pay till compelled by law. If my servant, by unforeseen accidents, has got in debt, and I still wish to retain him, I certainly would pay the debt. But updn no principle of liberal legislation whatever can my seryant have a title to set his creditors at defiance, while, for forty shillings only, the honest tradesman may be torn from his family and locked up in jail. It is monstrous injustice ! I flatter myself, however, the determination of this day will entirely put an end to all such partial proceedings for the future, by passing into a law the bill now under your Lordships' consideration. 162 LORD MANSFIELD ON DEPRIVI &c. [mo. I now come to speak upon what, indeed, I would have gladly avoided, hald I not been par- ticularly pomud at for the part I have taken in this bill. ' It has been said by a noble Lord on my left hand that I likewise am running the race of popularity. If the noble Lord means by pop- ularity, that applause bestowed by after ages on good and virtuous actions, I have long been strug- gling in that race, to what purpose all-trying time can alone determine. But if the noble Lord means that mushroom popularity wjiioh is raised without merit, and lost without a crime, he is much Mistaken in his. opinion. I defy the noble Lord to point out a single action in my life where the popularity bf the times ever had the smallest influence on my determinations. I thank God I haye a more permanent and steady rule for my oonduot-^^ the: dictates of my, own breast.. Those that have foregone that pleasing adviser, and given up their mind to be the slave of every papular impulsOj I sincerely pity. I pity them still more if their vanity leads them to mistake the shouts of a mob for the trumpet of their fame. Experience might inform them that many who have been sajuted with the huzzas of a crowd one day, have received their execrations the next ; and many who, by the popularity of their times, have been held up as spotless patri- ots, have nevertheless appeared upon the histori- an's page, when truth ha^ triumphed over delu- sion, the assassins of liberty. ' '• Why, then, the noble Lord can think I am am- bitious of present popularity, that echo of folly and shadow of renown, I am at a loss to determ- ine. Besides, I do not know that, the bill now before your Lordships will be popular. It de- pends much upon the caprice of the day. It may not be popular to compel people to pay their debts; and in that case the present must be, an unpopular brll; It 'may not be popular, neither, to take away any of the privileges of Parliament ; for I very well remember, and many of your Lordships may remember, that not Icug ago the popular cry was for the extension of^iivUege. And so far did they carry it at that time, that it was said that privilege protected members from criminal actions ; nay,, such was the power of popular prejudices over weak minds, that the very decisions of some of the courts were tinc- tured with that doctrine;' It was undoubtedly an abominstble doctrine. I thought so then, aqd think so still. But, neverthelessj it was a popular doctrine, and came immediately froiji those who were called4he friends of liberty, how deservedly time will show;. True liberty, in my opinion, can only exist when justice is equally adminis. tered to all — to the King and to Ac beggar. Where is the justice, then, or where is the law, that protects a irtember of Parliament more than any other man from the punishment due to his crimes ? The laws of this country allow no place nor employment to be a sanctuary for crimes ; and, where I have the honor to sit as judge, neither royal favor nor-popalar applause shall ever protect the guilty. ' I have now only to beg pardon for having em- ployed so much of your Lordships' time ; and I am very sorry a bill, fraught with so good con. sequences, has not met with an abler adyocate : but I doubt not your Lordships', determination will convince the ;world that a bill, calculated to contribute so much to the equal distribution of justice as the present, requires, -with your Lord- ships, but very little support. The act was fina.lly passed. 1 This refers to the case of Mr. Wilkes, who was arrested und,er a general warrant for a Beditioas libel on the King. ,He was taken before the Coart of Common Fleas by a writ of Habeas Corpus, and there pleaded bis privilege against arrest as a mem- ber of Parliament. The court, withr Lord Camden at their head, unanimoasly decided, that members were free from arrest in all cases except trea,son, felony, arid actual breach of the peace. Whatever may have been the merits of this case^it was un- worthy of Lord Mansfield to sneer at Lord Camden and his associates as " weak minds." . ,'' As author- ities then stood," says Lord Campbell, " I think a court of law was bound to decide in favor of privi- lege in stich a case." This, it is believed, has been the general sentiment of the English bar; while all agree that this , extension of privilege to criipinal cases was wrong in principle, and was very prop- erly set aside a short time after, by, a joint resoln- tion of the two bouses of Parliament. JUNIUS, ,, STAT NOMINIS UMBRA-i ThJ: Letters of Junius have taken a permanent plabe in tHe eloquence of our language. Though often false in statement and malignant in spirit, they will never cease to be read as specimens of powerful composition : For the union of hrillianoy arid force,^ there is nothing superior to them in our literature. Nor is it for his style alone that Junius deserves to be studied. He shows great rhetorical skill in his mode of developing a subject. There is an arrangeme;it of a given mass of thought, which serves to throw it upon the mind with the greatest possible effect. ' There is another arrangement vvhich defeats its object, and renders the impression feeble or indistinct. Demosthenes was, of all men, most perfectly master of the one ; the majority of ex- temporaneous speakers are equally good examples of the othei:. Junius had evidently studied this subject with great care ; and it is tor the sake of urging it upon the yoiirig orator that some of the ablest of his productions will now be given. Happily, the selection is easy. There are ten or twelve of his letters which stand far above the rest for strength of thought and elegance of diction. These will be found below, with the^ exception of his Lptters to Lord Mansfield, which, though highly finished in respect to style, are now universally condemned for their errors, both in law and fact, and their unmerited abuse of the gi-eatest of English jurists. In regard to his treatment of others, it is hardly necessary to say that the statements of Junius are to be taken with great, allowance. He was an unscrupu- lous poHtical partisan ; and though much that he said of the l)uke of Grafton and the other objects of his vengeance was strictly true, they were by no means so weak or profligate as he here represents them. We might as well take Pope's Satires for a faithful exhibition of men and manners in the days of George IL It is, therefore, only as an orator—for such he undoubtedly was in public life, and such he truly is in these letters — that we are now to consider him. In this char- acter his writings are worthy of the closest study, especially in respect to the quality alluded to above. Each, of these letters was the result of severe and protracted labor. We should have known it, if he had not himself avowed the fact, for we see every where the marks of elaborate forecast and revision ; and we learn, from his private correspondence with Woodfall, that he expended on their composition an amount of anxiety and effort which hardly any other writer, especially one so proud, would have been willing to acknowledge.- Yet it is certain that by far the greater part of all this toil was bestpwed, not upon the language, but on the selection and ar- rangement of his ideas. His mind, in early hfe, had clearly been subjected to the severest logical training. , Composition, vi^ith him, was the ^creation of a; system of thought, in which every thing is made subordinate to a just order and sequence of ideas. One thought grows out of another in regular succession. His reasonings > This celebrated motto was taken from the first book of Lucan's Phars'alia, liue'135. The poet there speaks of Pompey, when he entered itito the war with Cesar, as having his name, or repu- tation, chiefly in the past ; and adds, in reference to this idea, " Stat njagni nominis umbra" He stands the shadow of a mighty name. When the author of these letters collected them into a volume, he beautifully appropriated these Words to hiniself, with the omission of the word magni, and a change of application. He placed them on the title-page, in connection with the word Junius which " stands the shadow of a name," whose secret was intrusted to no one, and was never to bo revealed. 164 JUNIUS. often take the form of a syllogism:, though usually with the omission of one of the terms ; and we never find him betrayed into that careless diffusion of style so com- mon with those who are ignorant of the principles of logic. In this respect, the writings of Junius will ainply repay the closest study arid analysis. Let the young orator enter completely into the scope and design of the author. Let him watch thp under-current of his thoughts and feelings. Let him observe how perfectly every thing coinxjides to produce the desired impression-»,the statement of principles and the reference to facts, the shadings of thought and the colorings of imagery. Let him take one of the more strijdng passages, and remark the dexterous preparation by which each of its several parts is so shaped that the leading thoughts come for- ward to the best advantage ; clear in all their relations, standing bpldly out, unen- cumbered by secondary ideas,