■^■^'^'^^fmsi'i;::^^!!^^ 4-'- DUKE UNIVERSITY LIBRARY Treasure "B^om K ^at THE AMERICAN SPEAKER ; .< SELECTION OF rOrULAR, PARLIAMENTARY AND FORENSIC ELOQUENCE,; PARTICULARLY CALCULATED FOR THE SSmJ^dRIES /JV THE VmTED STATES,^ SECOA'D EDITIOX, PHILADEIPIIIA : PRINTED AND PUBLISHED BY ABRAHAM SMALL. 181*. District of Pennsylvania, to wit : BE IT REMEMBERED, That on the tlurty-first day of January, J., c T in the thirty-fifth year of the Independence of the United States ii^' »J of America, A. D. 1811. Birch and Small, of the said district, have deposited, in this Office, the title of a Book, the right whereof they claim as proprietors, in the words following-, to wit: " The Ame- rican Speaker: a selection, of popular, parliamentary, and forensic Filoquence; pt^rticularly calculated for the seminaries in tlie United States." In conformity to the act of the Congress of the United States, en- titled, " An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled, ** An act supplementary to an act, entitled, " An act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of dv-.signing, engraving and etching historical and other prints." D. CALDWELL, Clerk of the District, of Pennsylvania. # / PREFACE, THE Compiler of the American Speaker, cannot venture to bring his selection -^before the Public, without stating what inlluenced his mind to the undertaking : — he believes that novelty only, with all its fascinations, will not justify an addi- tion to the numerous School Books already in cir- culation. The great importance of such a work as this, as a Class Book in our Academies, is principally ma- nifested by the nature of our Constitutions, and in their practical operations — these have opened all the avenues that can lead to eminence and honor to every Citizen, — whatever therefore, will assist and accelerate them in that distinguished pursuit, must be allowed to be of tbe first utility. Without some proficiency in Oratory, there seems to be an almost insurmountable barrier to the pa- triotic views of an aspiring genius — witli it, the road to distinction, is obvious, direct, and almost certain : — ^the many Legislative bodies in our Fe- iv PREFACE. deral form of government, tlie numerous and cU* versified character of our Courts, present a suita- ble field for every grade, from the unfledged effort of the callow young, to the mature, eagle-eyed flight in the face of the God of Day. Our aim then, in making this selection, has been to aid those honorable efforts : — to endeavor to fire the minds of our young men, by placing in their viev/ some of the brightest examples of Genius : to enable them to catch the spirit of those men, who, ^* JVith lips ofjire^ have jjled their country^ s cause/-^ The nainre of our plan did not admit of the intro- duction of many long harangues ; we have therefore extracted what we thought the happiest, the most eloquent, and as far as we coultl, the most instruc- tive parts of each Speech : — we say instructive, because we have endeavored to find subjects which bear on principles and'facts necessary to be known and understood by xVmericans — that are historical- ly and chronologically useful — that have marched, as it were, with us to Independence — topics near our own time, and which it may be useful, in the ad- vance of our national affairs to be familiarly ac- quainted with — all the pieces of a political charac ter in the American Speaker arc in unison with PREFACE. V our own system of government — the principles on which free Constitutions are founded, and the ap- plication of the rights and duties of Citizens un dcr them. Although a great part of our Selection is of a character ardent and glowing, we would not be suspected of denying the omnipotency of cool de- liberate argument and reasoning — but how often, has the most powerful eflect, been lost by a neglect of the finest opportunitiQs for appropriate declama- tion? — By an happy appeal to the feelings, how often has truth herself been indebted for all the im- pression she has made ? — wc have culled from tlie. greatest modern masters examples of these facts : and we believe no public speaker will suffer by as- similating himself under a judicious consideration of circumstances, to a Burke, an Erskine, a Grat- tan, or a Curran^ — we are fully convinced of one great truth — that to impress, we must feel — it is this that captivates the heart — without feeling, the elec- tricity of Speech is never emitted — with the ioi« pression which feeling produces, a torrent arises^ that oftentimes overwhelms ungracefVilness itself--* every thing that would impede the current is swept before it, and the man is altogether lost in thQ Orator. vi PREFACE. We have introduced the immortal Washington wherever we could : we lament that more of the harangues he must have made to his troops in the many trying situations in which he was placed du- ring the revolutionary war, have not heen preserv- ed — we sliould douhtless have found spirit and animation suited to the occasion — hut in his most preceptive pieces the name of Washington, — the consciousness of his greatness, cannot fail to give a glow to every American hosom, heyond what any otiier production can create. We wish we could have added to the numher of speeches, of tlic Aboriginal Inhabitants of North America — they abound with so many beauties — similies so just and striking, — that an American outh cannot be too proud of those savage models -every thing that illustrates their character, must j[;c interesting. And shall he not have strong at- tachments to his country, where the finest flowers ?ae found in her wildernesses ? — Where man in his rude state, speaks with more strength of elo- quence, that he has been able to attain in the most olished and cultivated society? No doubt the Book in its plan, is susceptible of ;reat improvement — if it should pass through other inlitions, we shall gladly attend to all suggestions PREFACE, vli wliicirmay lead to that object — we leave its fate to those who read, and those who teach — it can hard- ly meet with great support without the patronage of the latter — we indulge the hope that if not adopted;, it will not be condemned. Philadelphia. Marck^ 1814*,^ CONTENTS, PAGE. HAMLET'S instructions to the players - - 1 Charles V. to his son Philip, on resigning to him his vast dominions - - - - 2 Queen Elizabeth to her army encamped at Tilbury — 1588 2 Conclusion of the speech of 'he earl of Strafford before the honse of Lords — 1641 - - - 3 Speech of Rolla to the Peruvians - - 5 Sir John St. Aubyn on ihe duration of Parlia- ments . - - 6 Sir William Wyndham on the same subject 11 Sir Robert Walpole in reply - - 12 ^ Sir Gilbert Heaihcote on the establishment of Excise Officers - - 14 Mr. Pultiiey on a standing army — 1731 15 Sir Robert Walpole on a motion to dismiss him from the King's council - 18 — Dake of Bedfoid on a motion to make the descendi'.nts of traitors answeiuble for the crimes of their ancestors - 21 ■ General Wolfe to his army before Quebec — 1759 - - - 26 Lord Chiitham on an address to the King 27 I, I on the seizure of Falkland Is- lands - - 28 on an address to the King — 1766 - - 34 __— in reply to Lord Mansfield — 1770 - . . 27 . on the stute of the nation — 1770 46 — — Lord Mansfield on the deLys of Justice 54 Colonel Burre on American affairs - 58 Do. in reply 63 Gorernor Pownall on the repeal of the Port duties - - - 64 CONTENTS* ix Speech of Lord Chatham on the bill for quartering sol- diers , - - '65 — — Mr. Burke on American taxation - 66 — Do. with a sketch of the character of Mr. Grenville - 71 Mr. Burke with a view of Lord Chathan's last administration, and character of Charles Townshcnd - - -75 — Mr. Burke, extract from the same - 80 lo the electors of Bristol, on be- ing duly elected - - 82^ — Mr. Burke to the electors of Bristol, on the right of instructing representatives 83 -— Lord Chatham on his motion to remove the troops from Boston - - 86 . Lord C..mden on secondinp: the motion 91 Mr Burke on American affairs — 1775 91 on conciliation with America 92 Marquis of Granby on American affairs 95 . Lord Effingham on resigning his commission 97 . Lord Chatham on an address to the King 99 Do. 1777 - 102 on a motion to adjourn the house 103 — on his motion for an amend- ment to the address - - 108 — Lord Chatham on the employment of Indians against America - - 111 — Dr. Shipley, bishop of St. Asaph, on toleration 1 12 ■ Sir William Meredith on frequent executions 1 15 Extract from a speech of Mr. Burke on economy 121 Do, from the same to the electors of Bristol - 124 Extract from the same speech on imprisonment for debt 126 Do. Do. on penal statutes against Catholics 128 Further extract from the same speech - - 131 Speech of William Pitt on economical reform - 156 • Mr. Fox on the arrival of the news of the battle of Guildford - - 141 — — William Pi'j, sume lime - - 144 Mr. Fox on the sui render of Lord Cornwallis 145 Ml'. Burke on the rii;ht to tax America 146 of Mr. Fox on Mr. Pitt's motion for a parlia- mentary reform - - 147 Extract from a speech of ^Ir. Flood - 15 1 Do. Do. of Mr. Fox on Mv. Gray's motion for a reform in parliament - - 15" X CONTENTS. Extract from a speech of Mr. Beaufoy on Test laws 165 Do. Do. of Mr. Fox on the same subject 173 Do. Do. on the affairs of Ireland 177 Do. Do. of Mr. Burke on Mr. Fox's India Bill - ' ' - 186 Mr. Burke's eulogium on Mr. Fox - - 189 Introduction to a speech of Mr. Fox on the government of India - - - 191 Extract of a speech of Mr. Burke on the nabob of Arcot's debts - - - 194 Do. Do. of Mr. G rattan - - 196 Speech of Lord Erskine on cruelty to animals - 197 Extract of Mr. Sheridan's speech on the trial of Warren Hastings - - - 215 JMr. Burke's eulogium on Mr. Sheridan's speech 221 Extract from a speech of Mr. Grattan concerning tifhes 221 Speech of Mr. Curran in the Irish parliament on Pen- sions - - - 228 Extract from a speech of Mr. Erskine on the trial of Mr. Paine - - - 231 The petition of the wife of Almas Ali Cavvn to Warren Hastings - - - 232 Mr. Erskine on the liberty of the press - - 233 Mr. Gurran, on the same subject on Mr. Rowan's trial 236 Extract from a speech of Mr. Curran on the trial of Massy v. Headfoit - - 240 Conclusion of Mr. Erskine's address to the jury on the trial of Mr. Hardy - - - 241 Mr. Fox's eulogium on General Washington - 247 Mr. Sheridan on the death of Mr. Fox - 249 Extract from Mr. Curran's speech in the case of Justice Johnson - - - 252 Speech of Mr. Grattan on the Catholic question 256 Dr. Dodd's address to the court before receiving sen- tence of death ... 264 Speech of Mr. Home, on the trial of Mr. Barbot for kill- ing Mr. Mills in a duel ^ - - 266 of Mr. Noland in the Virginia legislature, on a hill for the suppression of duelling 267 Extract from a speech of lord Stanhope on neutral rights 270 Do. Do. ol governor Livingston to.tiie coun- cil and assembly of New-Jersey - - 271 Oration of Robert Enimett to his judge before receiv- ing sentence tf d'ealh - - 274 CONTENTS. xi Speech of Jacob Henry in the North-Carolina Legisla- ture, on a motion to expel him, he being a Jew 279 General Washmgton to Congress, on accepting his com- mission - - - 282 — to his troops before the battle of Long Island - - 283 to his troops before attacking the Hessians at Trenton - - 284 general orders to the army 285 ciixular to the governors of the States - - 287 speech to the army in consequence of an anonymous publication - 298 Speech of General Washington to the president of Con- gress on resigning his commission 302 Answer of the President of Congress to the foregoing 303 Farewel address of General Washington to the army 304 Speech of the mayor of Alexandria to General Wash- ington, on his leaving home to enter on the presi- dency - - - 308 General Washington's answer to the foregoing 309 President Washington's first speech to Congress 310 speech to the third Congress — 1793 - - - 314 farewel address to the people of the United States 318 General Marshall's speech in Congress announcing the death of Washington . - - 334 Extract from General H. Lee's funeral oration on Wash- iijirove unsuccessful, and the time of a fresh struggle is at so great a distance, they at last*grow faint in the dispute — give up -Lheir country for lost, and retire in despair. Despair naturally pro- duces ind.olence, and that is the proper disposition for slavery. Ministers ot" State understand this very well, and are therefore unwilling to awaken the nation out of its lethargy by frequent elections. They know that the spirit of liberty, like every other virtue of the mind, is to be kept 10 AMERICAN alive only by constant action : that it is impossible to en- slave this nation while it is perpetually upon its guard. JLft country gentlemen, then, by having frequent oppor- tunities of exerting themselves, be kept warm and active in their contention for the public good : this will raise that zeiil, and spirit, which, will at last get the better of those undue influences, by which the officers of the crown, though unknown to several boroughs, have been able to supplant country gentlemen of great characters, and fortune, who live in their neighbourhood. I do not say this upon idle speculation only. I live in a country where it is too well known : and I appeal to many gentlemen m the House, to more out of it, (and who are so for this Vvfry reason) for the truth of my assertion. — Sir, it is a sore which has long been eating into the most vital part of our constitution : and I hope the time will come, when you will probe it to the bottom. For if a Minister should ever gain a corrupt familiarity v;ith our boroughs : if he should keep a register . of them in his closet, and by sending down his treasury mandates, should procure a spurious representation of the people, the offspring of his corruption, who will be at all times ready to reconcile and justify the most contradictory measures of his administration : and even to vote every crude indigested dream of their patron into a law : if the maintenance of his power should become the sole object of their attention, and they should be guilty of the most violent breach of parliamentary trust, by giving the Kin^ a discretionary power of taxing the people without limita- tion, or control : the last fatal compliment they can pay to the crown : if this should ever be the unhappy condition of this nation : the people indeed may complain : but the doors of that place, where their complaints should be heard will for ever be shut against them. Our disease, I fear, is of a complicated nature : and I think that this motion is wisely intended to remove the first and principal disor- der. Give the people their ancient right of frequent ricw elections : that will restore the decayed authority of Par- liaments, and will put our constitution into a natural con- dition of working oat her own cure. " Sir, upon the whole, I am of opinion, that I cannot express a greater zeal for his Majesty, for the liberties of the people, or the honour and dignity of this House, than. SPEAKER. U by seconding the motion which the honourable gentleman has made you." Extract from Sir William Wyndham''s Speech in the same debat?. " I have been told, Sir, that no faith is to be given to prophecies : therefore I shall not pretend to prophesy : but I may suppose a case, which, though it has not yet happened, may possibly happen. Let us then suppose a man of mean fortune, and obscure origin, abandoned to ail notions of virtue, and honor, and pursuing no object but his own aggrandizement, raised by the caprice of for- tune to the station of first minister : let us suppose him palpably deficient in the knowledge of the interests of his country : and employing in all transactions with foreign powers, men still more ignorant than himself: let us sup- pose the honor of the nation tarnished : her political con- sequence lost: her commerce insulted: her merchants plundered : her seamen perishing in the depths of dun- geons, and all these circumstances palliated or overlooked lest his administration should be endangered : suppose him possessed of immense wealth, the spoils of an impo- verished nation : and suppose this wealth employed to purchase seats in the national senate for his confidential friends and favorites. In such a parliament suppose all attempts to enquire into his conduct constantly over-ruled by a corrupt majority, who are rewarded for their treach- ery to the public by a profuse distribution of pensions, posts, and places under the Minister : Let us sujDpose this Minister insolently domineering over all men of sense, figure, and fortune in the nation ; and having no virtuous principle of his own, ridiculing it in others, and endea- vouring to destroy or contaminate it in all: With such a Minister, and such a Parliament, let us suppose a Prince upon the throne, uninformed, and unacquainted with the interests, or inclinations of his people, weak, capricious, and actuated at once by the passions of ambition, and avarice. Should such a case ever occur, could any greater curse happen to a nation, than such a Prince, advised by such a Minister, and that Minister supported by such a Parliament ? The existence of such a Prince, and such a Minister no human laws may indeed be adequate to pre- 12 AMERICAN vent : but the existence of such a Parliament may and ought to be prevented ; and the repeal of the law in ques- tion I conceive to be a most obvious, necessary, and in- dispensable means for the accomplishment of that pur- pose." Extract from Sir Robert Walpole's Speech in reply to Sir William Wyjidham, " Sir — I do assure you, I did not intend to have trou- bled you in this debate ; but such incidents now generally happen towards the end of our debates, nothing at all re- lating to the subject, and gentlemen make such supposi- tions, meaning some person, or perhaps as they say, no person now existing^ and talk so much of wicked ministers, domineering ministers, ministers plumingthemselves in de- fiances, which terms and the like have been so much of late made use of in this House, that if they really mean nobody either in the House, or out of it, yet it must be sup- posed, that they at least mean to call upon some gentleman in this House to make them a replv, and therefore I hope, I may be allowed to draw a picture in my turn — and I may likewise say, that I do not mean to give a description of any person now in being. — When gentlemen talk of minis- ters abandoned to all sense of virtue, or honor, other gen- tlemen may, I am sure, with equal justice and, I think, more justly, speak of anti-ministers 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 resentment; against those who may have disappoint- ed them in thtir views, or may not perhaps have complied with all their desires. But now, Sir, let me too suppose, and the House b-ing cleared, I am sure no person that hears me can come within the description of the person, I am to suppose — let us suppose in this, or some other unfor- tunate 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 kingdom capable to conduct the public affairs of the nation, and therefore christening every other gentleman, who has the honor to be employed in the ad. ministration, by the name of blunderer : suppose this fine gentleman lucky enough to have gained over to his SPEAKER. 13 party some persons really of fine parts— of ancient fami- lies — and of great fortunes, and others of desperate views, arising from disappointed and malicious hearts : all these gentlemen, with respect to their political behaviour, mov- ed by him, and by him solely : all they say either in pri- vate, or in 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'll suppose this anti-minister to be in a country where he really ought not to be, and where he could not have been but by an effect of too much goodness, and mercy : yet endeavouring with all his might and with all his art to destroy the fountain from whence that mercy flowed : in that country suppose him continually contracting friend- ships, and familiarities with the ambassadors of those Princes, who at the time happen to be most at enmity with his own. And if at any time it should happen to be for the interest of any of those foreign ministers to have a secret divulged to them, which might be highly preju- dicial to his native country — as well as to all its friends : suppose this foreign minister applying to him, and he answering him, Til get it you, tell me, bat what you wanti I'll endeavour to procure it for yoa. Upon this he puts a speech or two in the mouth of some of his creatures, or some of his new converts: what he wants is moved for in Parliament; and when so very reasonable a request as this is refused, suppose him and his creatures and tools, by his advice, spreading alarm over the whole nation, and crying out. Gentlemen, our country is at present involved in many dangerous difficulties, all which we would have ex- tricated you from, but a wicked minister, and a corrupt majority, refused us the proper materials ; and upon this scandalous victory, this minister became so insolent as to plume himself in defiances. Let us farther suppose this anti- minister ti have travelled, and at every court where he was, thinking himself the greatest Minister, and mak- ing It his trade to betray the secrets of every court where he had before been ; void of all faith or honor, and be- traying every master he had ever served. Sir, I could carry my suppositions a great deal farther j and I may C 14 AMERICAN say, I mean no person now in being : but if we can sup- pose such a one, can there be imagined a greater disgrace to human nature than such a wretch as this?" Sir Gilbert Heathcote^ in the British House of Com7nonSj on the establishnent oj Excise Officers^ in 1732. Sir, — OTLER gentltmen have already fully explain- ed and set lorth the great inconveniences which must be brought on the trade of this nation, by the scheme now pro- post a to us ; those have bt en made very apparent, and from them arises a very strong objection against what is now pro- posed . but the grei test objection arises from the danger to which this scht me will most certainly expose the liberties of f iir country ; these liberties, for which cur ancestors hi ve so often ventured their lives and fortunes ; those liberties which have cost this nation so much blood and treasure, seem already to be greatly retrenched. I am sorry to say it, but what is now in dispute, seems to m^ to be the last branch of liberty we have to contend for ; wt have already established a standing arm; , and have made it in a mnrncr, a part of our constitution ; we have alread) subjected great numbers of the people of this nation to the arbitrary laws of excise ; and this sch< m.e is so wide a step towards subjecting all the rest of tht people oi Engliind to those arbitrary laws, that it will be impossible for us to recover, or prevent the fatal consequences of such a scheme. We are told that his majesty is a good and a wise prince : we all believe him to be so; but I hope no man will pretend to draw any argument from thence for our surrendering those liberties and privileges, which have been handccl down to us by our ancestors. We have in- deed, nothing to fear from his present majesty ; he never will make a bad use of that power which we have put into his hands ; but if we once grant to the crown too great an extent of power, we cannot recal that grant when we have a mind ; and though his majesty should never make a bad use of it, some of his successors may ; the being governed by a wise and good king, does not make the people a free people ; the Romans were as great slaves under the few good emperors they had to reign over them as they were under the most cruel of their ty- SPEAKER. 15 rants. After the people have once given up theu' liber- ties, their governors have all the same power of oppress- ing them, though they may not perhaps all make the same wicked use of the power lodged in their hands ; but a slave that has the good fortune to meet ■ ith a good na- tured and humane master, is no less a slave than he that meets with a cruel and barhiroas one. Our liberties are too valuable, and have been purchased at too high a price, to be sported with, or wantonly given up even to the b-st of kings: we have before now had some good, some wise and gracious sovereigns to reign over us, but we find, that under th^^m our ancestors were as jealous of their liberties as they were under the worst of our kings. It is to be hoped that we have stilf the same value" for our liber- ties : if we have we certainly shall use all peaceable me- thods to preserve and secure them : and if such methods should prove ineffectual, I hope there is no Englishman but has spirit enough to use those methods for the pre- servation of our liberties, wHich were used for our ances- tors for the defence of theirs, and for transmitting them down to us in that glorious condition in which we found them. There are some still alive who bravely ventured their lives and fortunes in defence of the liberties of their country ; there are many, whose fathers were t robarked in the same glorious cause ; let it never be said, that the sons of such men wantonly gave up those liberties for which their fathers had risqued so much, and that for the poor pretence of suppressing a few frauds in the collect- ing of the public revenues, which might easily have been suppressed without entering into any such dangerous measures. This is all I shall trouble you with at pre- sent ; but so much I thought it was incumbent upon me to say, in order that I might enter my protest against the question now before us. Mr. Pulteneifs Speech on the motion for reducing the Army. — 1731. « Sir, — WE have heard a great deal about parlia- mentary armies, and about an army continued trom year to year ; I have always been. Sir, and always shalf be. against a standing army of any kind : to me it is a terrible thing, whether under "that of parliamentary or any other 16 AMERICAN designation ; a standing army is still a standing army what- ever name it be called by ; they are a body of men dis- tinct from the body of people ; they are governed by differ- ent laws, ond blind obedience, and an entire submission to the orders of theircommT^ndingofRct^r,istheironly principle. The rations around us, Sir, are already enslaved, and have been enslaved by those very means; by means of their standing armies they have every one lost their liberties; it is indeed impossible that the liberties of the people can be preserved in any country where a numerous standing" army is kept up. Shail we then take any of our mea- sures from the examples of our neighbours? No, Sir, on the contrary, from their misfortunes we ought to learn to avoid those rocks upon which tlrey have split. " It signifies nothing to tell me, that our army is com- manded by such gentlemen as cannot 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 uncertain, nor can we be sure how long they may be continued in command ; they may be all dismissed in a moment, and proper tools of power put in their room. Besides, 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 Csesar? Wher was there ever an army that had served their couuiry more faithfully ? That army was commanded ge- nerally by the best citizens of Rome, by men of great for- tune and figure in their country : yet that army enslaved their country. The affections of the soldiers towards their country, the honor and integrity of the under officers, are T-ci to be depended on ; by the military law, the adminis- tration of justice is so quick, and the punishment so se- vere, that neither officer nor soldier dares offer to dispute the orders of his supreme commander; he must not con- sult his own inclinations : if an officer were commanded to pull his own father out of this house, he must do it ; he dares not disobey ; immedii*.te death would be the sure coi sequence of ihe least grumbling. And if an officer were sent into the court of requests, accompanied by a body ot musketeers with screwed bayonets, and with or- SPEAKER. ir ders to tell us what we ought to do, and how we were to vote, I 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 Commons that will ever be in England. " Sir, I talk not of imaginary things; I talk of what has happened to an English house of Commons, and from au English army ; not only from an English army, but an army that was i aised by that very house of Commons, an army that was paid by them, and an arm}; that was commanded by generals appointed by them. Therefore do not let us vainly imagine, that an army raised and maintained by authority of Parliament, will always be submissive tc them: if an army be so numerous as to have it in theii power to over-awe the Parliament, they will be submis sive as long as the Parliament does nothing to disoblige their favourite general : but when that case happens, I am afraid that in place of the Parliament's dismissing the ar my, the army will dismiss the Parliament, as they havt- done heretofore. Nor does the legality or illegality of that Parliament, or of that ?.rmy, alter the case ; for v/ith respect to that army, and according to their way of think- ing, the Parliament dismissed by them was a legal Parlia ment ; they Were an army raised and maintained accord - ing to law, and at first they were raised, as they imagined, for the preservation of those liberties which they after- wards destroyed. " It has been urged, Sir, that whoeve/ is for the Pro- testant succession must be for continuing the army : fur that very reason, Sir, I am against continuing the army. I know that neither the Protestant succession in his Ma- jesty's most illustrious house, nor any succession, can ever be safe as long as there is a standing army in the country. Armies, Sir, have no regard to hereditary succession. The first two Caesars at Rome did pretty well, and found means to keep their armies in tolerable subjec- tion, because the generals and officers were all their own creatures. But how did it fare with their successors ? Was not every one of them named by the army, without any regard to hereditary right, or to any right ? A cobler, a gardener, or any man-who happened to raise himself in C 2 18 AMERICAN the army, or could gain their afFectiorvs, was made empe- ror of the world : was not e\ ery succeeding emperor rais- ed to the throne, or tumbled headlong into the dust, ac- cord ng to the mere whim, ©r mad frenzy of the soldiers? "" We ; re told this army is desired to be continued but for ( nt- 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 abso- lute monarch tell his army, that he is to continue them for any number of.years, or any number of months? How long have we already continued our army from year to year? And if it thus continues, wherein will it differ from the standing armies of those countries which have already submitted their necks to the yoke ? We are now come to the Rubicon ; our army is now to be reduced, or it never will ; from his Majesty^s own mouth we are as- sured of a profound tranquillity abroad, we know there is one at home ; if this is not a proper time, if these circum- stances do not afford;us a safe opportunity for reducing at least a part of our regular forces, we never can expect to see any reduction ; and this nation, already over-burdened with debts and taxes, must be loaded with the heavy charge of perpetually supporting a numerous standing ar- my ; and remain for ever exposed to the danger of havmg its liberties and privileges trampled upon by any future King or Ministry, who shall take it in their heads to do so, and shall take a proper care to model the army for that purpose. The Exardivm to Sir Robert Walpole'^s Speech on the 7no- tion for {dismissing" him from his Majesty^ s Councily 1740. , "Mr. Speaker^ — IT has been observed by several gentlemen, in vindication of this motion, that if it should be carried, neither my life,^iberty, or estate will be affect- ed. But do the honorable gentlemen consider my cha* racter and reputation as of no moment t Is it no imputation to be arraigned before this house, in which I have sat for- ty Vf ars, and to have my name transmitted to posterity "with disp:race and infamy? I will not conceal my senti- ments, that to be named in parliament as a subject of in- quiry, is to me a matter of great concern j but I have the SPEAKER. 1^ satisfaction at the same time to reflect, that the impres- sion to be made depends upon the consistency of the charge and the motives of the prosecutors. Had the charge been reduced to specific allegations, I should have felt myself called upon a specific defence. Had I served ^ weak or wicked master and implicitly 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 defence must rest on my own conduct. The consciousness of innocence is also suffi- cient support against my present prosecutors. A further justification is also derived from a consideration of the views and abilities of the prosecutors. Had I been guil- ty of great enormities, they want neither zeal and inclina- tion to bring them forward, nor ability to place them in the most prominent point of view. But as I am consci- ous of no crime, my own experience convinces 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 against me, who may be divided into three classes, the boys, the riper patriots, and the tories. The tories I can easily forgive, they have unwillingly come into the mea- sure, and they do me honor in thinkmg it necessary to remove me, as their only obstacle. What is the infer- ence to be drawn from these premises ? that demerit with them ought to be considered as merit with others. But my great and principle crime is my long continuance in office, or, in other words, the long exclusion of those who now complain against me. This is the heinous oflfence which exceeds all others. I keep from them the posses- sion 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 ; bat in carrying on that war, all principles and rules of justice should not be departed from. — The tories must confess, that the most obnoxious persons have lelt few instances of extra-judicial power. Wherever they have been arraigned, a plain charge has been exhi- bited against them. They have had an impartial trial, and have been permitted to make their defence j and will 20 AMERICAN 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 parliamen- tary inquisition ? and whom would they conciliate by a conduct so contrary to principle and |)recedent. Can it be fitting in them, who have divided the public opinion of the nation, to share it with those who now ap- pear as their competitors? With the men of yesterday, the boys in politics, who would be absolutely contemptible did not their audacity render them detestable? With the mock patriots, whose practice and professions prove their sel- fishness and malignity, who threatened to pursue me to destruction, and who have never for a moment lost sight of their object? These men, under the name of Separatists, presume to call themselves, exclusively, the nation and the people, and under that character, assume all power. In their estimation, the king, lords, and commons are a fac- tion, 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 importance, but to the effect of places, pensions, and corruption. May it not be asked, are the people on the court side more united than on the other? Are not the to- ries, Jacobites, and patriots equally determined ? What makes this strict union ? What cements this heterogenous mass? Party engagements and personal attachments. How- ever different their views and principles, they all agree in opposition. The Jacobites distress the government they would subvert ; the tories contend for party prevalence and power. The patriots, for discontent and disappoint- ment, would change the ministry, that themselves might exclusively succeed. They have laboured this point tvycur ty years unsuccessfully ; they are impatient of longer de- lay. They clamour for change of measures, but mean only change of ministers. In party contests, whv should not both sides be equally steady ? Does not a whig administration as well deserve the support of the whigs as the contrary ? Why is not principle the cement in one as well as the other, especially SPEAKER. 21 when they confess, that all is levelled against ene man ? Why this one man ? Because they think, vainly, nobody else could withstand them. All others are treated as tools and vassals. The one is the corruptor ; the num- bers corrupted. But whence this cry of corruption, and exclusive claim of honorable distinction ? Compare the es- tates, characters, and fortunes of the commons on one side, with those on the other. Let the matter be fairly investi- giited. Survey and examine the individuals who usually support the measures of government, and those who are in opposition. Let us see to whose side the balance pre- ponderates. Look round both houses, and see to which side the balance of virtue and talents preponderates. Are all these on one -side, and not on the other ? Or are all these to be counterbalanced by an affected claim to the exclusive title of patriotism. Gentlemen Have talked a great deal about patriotism. — A venerable v/ord, when duly practised. But I am sorry to say, that of late it has been so much hackneyed about, that it i-s in danger of fall- ing 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 spring up like mushrooms! I could raise (ihy 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. But this pretended virtue pro- ceeds from personal malice, and from disappointed ambi- tion. There is not a man amongst them whose particular aim I am not able to ascertain, and from what motive they have entered into the lists of opposition. Speech of the Duke of Bedford in the house of Lords ^ in the year 17'43, on a motio?i of Lord Hardxvieke for makings the descendents of Traitors punishable for the Treason of their ancestors. " My Lords,-^THOUGH I hope that I have never given reason for suspicion, that I am less zealous than any other lord for the security of our present constitution, or the defence of the family now upon the throne ; though I desire to be considered as equally zealous for liberty, 22 AMERICAN and equally tenacious of those laws which secure property with every other man ; though 1 am convinced that ~a Prince forced upon us by the armies and fleets of France will become only the Vice-Roy of the monarch to whom he owes his exaltation, and th^-.t we should thenceforth be considered by the French as their tributaries and their vassals, yet I cannot approve the motion which the noble lord has made. " Your lordships cannot be surprised that I am alarmed at thi proposal of a law like this, I, whose family has suf- f{ rtd so lately the deprivation of its rank and its fortune by thv^^ tyranny of a court j I, whose grandfathtr was cut off by an unjust prosecution, and whose father was condemn- ed tor mai»y \ ears to see himself deprived of the rights of his birth, which were at length restored to him by more equitable judges. It is surely reasonable, my lords, that I should oppose the execution of penalties to the descen- dants of offenders, who have scarcely myself escaped the blast of an cittainder. I am very far from denying, my lords, what has been asserted, that the French have long been aspiring to universal monarchy ; that they consider their projects as liable to be defeated only by the Eng- lish ; and that they have therefore for many years labor- ed, to give a king to England ; but, my lords, the ill suc- cess of all tfaeir past attempts convinces me, that they have nothing to hope from any future efforts of the same kind, and that therefore we need not have recourse to new de- grees of severity, or enact penal laws of an extraordinary kind to prevent that which experience has shewn impossi- ble to be accomplished. " What could not be accomplished by the power or the policy of the great French monarch, may, very justly, be considered by his successor as an hopeless project ; for the French counsels do not now appear to be guided by the wisdom which at that time was discovered in all their treaties and negotiations, nor have their arms yet acquir- ^ that reputation which filled half the nations of the world with terror. They are not able now to influence kingdoms by their manifestos, or to revive a dejected party by the promise of their assistance : they are now indeed wealthy and powerful, but they are not wealthy to such a degree as SPEAKER. 23 to hire the nation to destroy itself, nor so powerful as to sink it to despair. Besides, not only the force which is to be employed against the fabric of our constitution is diminished ; but the edifice is grown stronger by time, the basis is sunk deeper, the superstructure is become more solid, and all the parts havt by dtgrees conformed to each other, so that there is no chasm or weakness to be found. Many circumstances, by which the French were formerly indu- ced to hope for success have now vanished for ever. The nation was then divided into two parties, of which that which publicly avowed the desire of restoring the exiled family to the throne, was generally computed to be more numerous. This infatuation, my lords, is now at an end : the numbers of the Jacobites are reduced to a small set below consideration, and seem now more desirous to en- joy their opinions in peace and privacy, than to make proselytes ; and to be tolerated by the lenity of the go- vernment, than to endanger themselves by new provoca- tions. The English people, my lords, are now consolidated into one body, and more uniformly together ; they have at last discovered that nominal distinctions are only idle sound, by which they have been long amused by more parties than one^ while they were plundered, and oppress- ed. And whosoever shall review the conduct of the peo- ple for about twenty years backward, shall hnd that they have every year appeared better informed of the true na- ture of our government, and that they have sacrificed, all narrow views and petty considerations to the great scheme of general felicity ; that they have acted steadily, resolute- ly, and wisely ; and that in their regard for one man, or their opposition to another, they have considered truly how far the public good was promoted or obstructed by their counsels. On the present occasion, my lords, they have given the fullest proof of their loyalty which they are able to exhi- bit, by innumerable addresses sent from all parts, and drawn up in terms which express the firmest fidelity and warmest affections, — professions, my lords, which surely deserve some oiher return than the severity of a penal law, a law by which one person is condemned to suffer 24 AMERICAN for the crime of another. As it is necessary, my lords, that subjects should obey their governors, so it is likewise reasonable, that governors should trust their subjects ; at least that they should not studiously disgust them by groundless suspicions , for when the people see that no degree of obedience can recommend them to regard, they will naturally lose their affection for their superiors ; and when their affection is once extinguished, if they do not violate their duty, they will at least neglect it. To be stispected my lords, is always offensive, and as a suspi- cious man is perpetually harassing himself with superflu- ous vigilance, disturbing his quiet with dreams of dan- ger, and wearying himself by providing securities against violence or fraud which never was designed, so a suspi- cious government always defeats its own endeavours, and by destroying that popularity to which it must always trust for its defenct: in time of real danger, weakens it- self. The multiplication of penal laws, the establishment of armies, and the distribution of pensions, the usual me- thods by which weak governments endeavour to strength- en their basis, are all transitory and uncertain supports, which the first blast of general discontent may drive be- fore it, and v/hich have a tendency to produce that rage which they cannot lurnish the means of resisting. I think it therefore necessary, my lords, to oppose this motion, because I think it my duty to preserve the government from the greatest of all evils, the loss of popularity ; and am of opinion that ten thousand penal laws cannot so much contribute to the perpetual establishment of the royal family, as one act of confidence, condescension, or bounty, by which the affections of the people may be con- ciliated. But this, my lords, is not the only argument against it, by which I am inclined to deny my concurrence. It ought to be always remembered, and by me shall not be easily forgotton, that we are here assembled to deliberate, not for any particular purposes or narrow plans, but for the great end of society, the general happiness ; that, as we are not to gratify the caprices of the people by vilify- ing the dignity or restraining the power of the throne, so we are not to appease the suspicions of the throne by sa- crificing the safety or honor of the people : we are to sup- SPEAKER. 25 port our sovereign, indeed, but not by such means as de- stroy the ends by which sovereignty was established, the public welfare, and common security. The motion is therefore, in my opinion, wholly indefensible, because, though it should be granted that it may add som ; secu- rity to the throne, it must in proportion impair the happi- ness of the people, as it must fill the nation in this time of general commotion with anxiety, and oblige almost every man to the unnatural and unavailing care of watching the conduct of another, and at last must involve thousands in undeserved misery, by punishing them for crimes which they did not commit, ^md which they could not prevent, and inflicting penalties, therefore, which can have no other effect than that of enriching, by forfeitures, the minions of the court. These reasons, my lords, are surely sufficiently powerful to justify me in opposmg the motion ; and yet there remains another, which pjrhaps may, when it is fully examined, appear equally weighty. Notwithstand- ing the happiness of our present state, the protection of our rights, and the security of our property ; notwith- standing the confidence which may be reposed in the equity, the moderation, and the wisdom of his Majesty, and the hopes which we may reasonably have of bemg governed to all succeeding ages by his i lusirious descen- dants v/ith the same justice, and magnanimity, and pru- dence, yet I am not confident that th -se hopes may not be disappointed. I know not any evidence, by which I can ascertain the continuance of these blessmgs or by which I can prove to the people of England, that there never will come a time in which a superstitious, an ambitious, or a tyrannical prince may once more attempt the subversion of their rights, the seizure of their properties, or the aboli- tion of their religion. I am not certain that our constitu- tion is so strongly built that it can never want repairs, or that our laws are so judiciously formed, as that they may not bccom , in the hands of rapacity, the toos of avarice, or in the hands of cruelty the scourge of oppression. Whenever this fatal prriod shall arrive, it niust be .u,rant- ed, my lords, that another revolution will be nectssary, and that every law, which shall hinder the people from m tkmg use of the only remedy which thci» remains, will obstruct the public happiness, and counteract the great de« D 26 AMERICAN sign of government ; and surely, my lords, a law which involves the son in the guilt of his father, must naturally extinguish chat ardor of patriotism by which all revolutions have been accomplished. For who will be found suffi- ciently hardy to oppose the crown, when if he should hap- pen to fail, he must not only perish as a traitor, but sink his whole posterity in poverty and disgrace? Since there- fore, my lords, it appears to me not more likely that the king of England will be in danger from his subjects, than that the people of England will be in danger trom their king, I think it convenient to hold the balance equal be- tween them ; as I would not give the people any exemp- tion which might encourage them to rebel, I would give the crown no such prerogatives as may encourage any fu- ture monarchs to oppress on. " Thus, my lords, I have laid before you the argu- ments which influence me to disapprove the motion ; and which will, I believe, determine me to vote against it : for though I am desirous to secure the throne, I would not willingly secure it by disarming the people, but by placing them as guards before it. The dependence of the monarch and the subjects ought to be on reciprocal affection and mutual assistance, and therefore neither ought to imagine that any increase of safety is to be ob- tained by diminishing the legal privileges of one, or vio- lating the natural rights of the other." The Speech of General Wolfe to his Army — before ^lebec^ 1759. " I congratulate you, my brave countrymen, and fel- low-soldiers ! on the spirit and success with which you have executed this important part of our enterprise. The formidable Heights of Abraham are now surmounted; and the city of Qu' bee, the object of all our toils, now stands in full view before us. A perfidious enemy who have dared to exasperate you by their cruelties, hut not to oppose you on equal ground, are now constrained to face you on the open plain, without ramp.irts or entrenchments to shelter them. *" You know too well the forces which compose their army to dread their superior numbers. A few regular troops from Old France, weakened by hunger and sick- ness, who, when fresh, were unable to withstand the Bri- SPEAKER. 27 tish soldiers, are their General's chief dependence. Those numerous companies of Canadians, insolent, mutinous, unsteady, and ill-disciplined, have exercised his utmost skill to keep them together to this time ; and as soon as their irregular ardor is damped by one firm fire, they will instanily turn their backs, and give you no further trouble but in the pursuit. As for those savage tribes of Indians, whose horrid yells in the forests have struck many a bold heart with affright, terrible as they are with a tomahawk and scalping-knife to a flying and prostrate foe, you have experienced how little their ferocity is to be dreaded by resolute men upon fair and open ground : you can now only consider them as the just objects of a severe revenge for the unhappy fate of mimy slaughtered countrymen. '* This day puts it into your power to terminate the fa- tigues of a siege which has so long employed your cou- rage and patience. Possessed with a full confidence of the certain success which British valor must gain over such enemies, I have led you up these steep and danger- ous rocks; only solicitous to shew you the foe within vour reach. The impos^sibility of a retreat makes no difTerence in the situation of men resolved to conquer or die : and, believe me, my friends, if your conquest could be bought with the blood of your general, he would most cheer- fully resign a life which he has long devoted to his country." Extract from a Speech of Lord Chatham^ on a motion of Address to the King, Let us be cautious how we admit an idea, that our rights stand on a footing different from those of the peo- ple. Let us be cautious how we invade the liberties of our fellow-subjects, however mean, however remote ; for be assured, my lords, that in whatever part of the empire you suffer slavery to be established, whether it be in Ame- rica or in Ireland, or here at home, you will find it a dis- ease which spreads by contact, and soon reaches from the extremities to the heart. The man who has lost his own freedom, becomes from that moment an instrument in the hands of an ambitious prince, to destroy the freedom of others. These refle^^tions, my lords, are but too applica- Ijle to our present situation. The liberty of the subject is 28 AMERICAN invaded, not only in provinces, but here at home. The English people are loud in their complaints : they pro- claim with one voice the injuries they have received : they demand redress, and depend upon it, my lords, that one way or other, they will have redress. They will never re- turn to a state ot tranquiiliry until they are redressed ; nor ought they ; for in my judgment, my lords, and I speak it boldly, it were better for them to perish in a glorious conten- tion for their rights, than to purchase a slavish tranquillity at the expence of a single iota of the constitution. Let me entreat your lordships, then, in the name of all the du- ties you owe to your sovereign, to your country, and to yourselves, to perform that office to which you are called by the constitution ; by informing his majesty truly of the condition of his subjects, and of the real cause of their dissatisfaction. Speech on the Seizure of the Falkland Islands* Earl of Chatham* " I rise to give my heartv assent to the motion made by the noble Duke j by his Grace's fa- vour, I have been permitted to see it, before it was offered to the House. I hiive fully considered the necessity of ob- taining from the King's servants a communication of the papers described in the motion, and I am persuaded that the alarming state of facts, as well as the strength of rea- f.oning, with which the noble Duke has urged, and enforc- ed that necessity, must have been powerfully felt by your lordships; — what I mean to say, upon this occasion, may seem perhaps to extend beyond the limits of the motion before us. But I flatter myself, my lords, that if I am honored v/ith your attention, it will appear that the mean- ing and object of this question are naturally connected with considerations of the most extensive, national impor- tance. For entering into such considerations, no season is improper; no occasion should be neglected. Some- thing must be done, my lords, and immediately, to save an injured, insulted, undone country. If not to save the state, my lords, at least to mark out, and drag to public justice those servants of the crown, by whose ignorance, neglect, 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 iQrds, and SPEAKER. 29 should be given to the world, for the instruction of future times, even though they be useless to ourselves. I do not mean, my lords, nor is it intended bv the motion, to impede, or embarrass a negotiation, which we have been told is now in a prosperous train, and promises a happy conclusion." Lord Weymouth. I beg pardon for interrupting 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 lordships any information, or opini>^n, with regard to the state, or progress of the negotiation — I did, with the utmost caution, avoid giving to your lord- ships the least intimation upon that matter. Earl of Chatham. " I perfectly agree with the noble lord. I did not mean to refer to any thing said by his lordship. He expressed himself, as he always does^ with moderation, and reserve, and with the greatest propriety; — it was another n(.'ble lord, very high in ofTice, who told us he understood that the negotiation was in a favourable train." Earl of Hillsborough. I did not make use of the word train. I know the meaning of the word too well. Irk the language from which it was derived, it signifies pro- traction, and delay, which I could never mean to apply to the present negociation. Earl of Chatham. " This is the second time that I have been interrupted. I submit it 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 vio- lation of dea. ncy, and politeness. I listen to everv noble lord in this House with attention, ai>d respect. The no- ble lord's design in interrupting me, is as mean, and un- worthy, as i.\Q manner in v/hich he has done is irregular and disorderly. He flutters himself that, by breaking the thread ol my discourse, he shall confuse me in my argu- ment. But, my lords, I will not submit to this treatments I will not be interrupted. When I have concluded let hiiu answer me if he can. — As to the word, which he has de- nied, I still affirm that it was the w^rd he made use of; but if he had used any other, I am sure every noble lord will agree with me, that his meaning was exactlv what I had expressed it. Whether he said course or traiti is £rj= 30 AMERICAN difFerent— ?He told your lordships that the negotiation was in a way that promised a happy, and honourable conclu- sion. His distinctions are mean, frivolous, and puerile. 3V1\ lords, — I do not understand the exalted tone assum- ed by that noble lord. In the distress, and weakness of this country, my lords, r.nd conscious as the ministry ought to be how much they have contributed to that distress and weakness, I think a tone of modesty, of submission, of humility, would become them better; qiK^dam caiisce 7710- destiam desiderant. Before this country they stand as the greatest criminals. " Such I shall prove them to be ; for 1 do not doubt of pnwing to your lordship's satisfac- tion, that since they have been entrusted with the con- duct of the king's iffasrs 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 odium of a Spaniard. We •are to be worderfully tender of the Spanish point of hon- our, 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 honour. My lords, I am well ac quainted with the character ol that nation, as least as i<\Y as it is represented by their court and mmistry, and should think this country dishon- oured by a comparison of the English good faith with the punctilios of a Spaniard. My lords, the English are a can- did, an ingenuous people ; the Spaniards are as mean and cr. fty, as they are proud and insolent. The integrity of the English merchants, the generous spirit of our naval and military ofRcers, would be degraded by a comparison with their merchants or officers. With their ministers I have often been obliged to negotiate, and never met with an instance of candour or dignity in their j-ioceedings ;. nothing but low cunning, trick, and artifice. Alter a long experience of their want of candour and good faith, I found myself compelled to talk to them in a peremptor- , decisive language^ On this principle I submitted m) ad- vice to a trembling council for an immediate dech.ration of war with Spain. Your lordships well know what were the consequences of not following that advice. Smce, however, for reasons unknown to me, it has been thought -adviseuble- to liegotiate with the court of Spain, 1 should SPEAKER. 31 have conceived that the great and single object of such a negotiation would have been, to have obtained complete satisfaction for the injury done to the crown and people of England. But, if I understand the noble lord, the only object of the present negotiation is to find a salvo for the punctilious honour of thf Spaniards. The absurdity of such an idea is of itself 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 negotiate. — A foreign power has forcibly robbed his majesty of a part of his dominions. Is the island restored.^ Are you replaced in statu quo'? If that had been done, it might then perhaps have been justifiable to treat with the aggressor 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 shamefully betray the king's honour, as to make it matter of negotiation whether his Majesty's possessions shall be restored to him or not ? 1 doubt not, my lords, that there are some important mysteries m the conduct of this affair, which, whenever they are explained, will ac- count for the profound silence now observed by the king's servants. The time will come, my lords, when they shall be dragged from their concealments. There are some questions, which, sooner or later, must be answered. The ministry, I find, without declaring themselves explicitly, have taken pains to possess the public with an opinion, that the Spanish court have constaMly disavowed the pro- ceedings of their governor; and son\e pers(.ns, I see, have been shameless and daring enough to advise his majesty to support and countenance this opinion in his speech from the throne. Certainly, my lords, there nevc-r was a more odious, a more infamous falsehood imposed on a great na- tion — It degrades the king's honour — It is an insult to parliament. His majesty hns been advised to confirm and give currency to an absolute falsehood. I beg your lordship's attention, and i hope \ shall be understood, when I repeat, that the court of Spain's having disavowed the act of their governor is an absolute^ a palpable false- hood. Let me ask, my lords, when the first communica- tion was made by the court of Madrid, of their being ap- prised of their talking of Falkland's Islands, was it ac- 32 AMERICAN companied with an offer of instant restitution, of imme- diate satisfaction, and the punishment of the Spanish go- vernor? If it was not, they have adopted the act as their own, and the very mention of a disavowal is an impudent insuU offered to the king's dignity. The king of Spain disowns the thief, while he leaves him unpunished, and profits by the theft ; in vulgar 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 circumstances are reversed, in which the Spaniards were the complainants, you will see how differently they succeeded ; you will see one of the ablest men, one of the bravest officers this or any other country ever produced (it is h irdly necessary to mention the name of sir Walter Raleigh) sacrificed by the mean- est prince that ever sat upon the throne, to the vindictive jealousy of that haughty court. J mies the First was base enough, at the instance of Gondomar, to suffer a sen- tence against sir Walter Raleigh, for another supposed offence, to be carried into execution almost twelve years after it had been passed. This was the pretence. His real crime was, that he had mortally offended the Spa- niards, while he acted by the king's express orders, and under his commissi cm. " My lords, the pretended disavowal by the court of Spain is as ridiculous ns it is false. If your lordships want any other proof, cali for your own officers, who were stationed at Falkland Island. Ask the officer who com- ma. .ded the garrison, whether, when he was summoned to surrender, the demand w >s made in the name of the governor of Buenos Ayres, or of his Catholic Majesty t Was the island said to belong to Don Francisco Bucarelli, or to the king of Spain ? If I am not mistaken, we have been in possession of these islands since the year 1764, or 1765. 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 our ministry ? If it has the act of the governor of Buenos Ayres is plainly the const quence 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. II that measure had arisen out of the general instructionsj^ SPEAKER. 33 constantly given to the governor of Buenos Ayres, why should the execution of it have been deferred so long? " My lords, if the falsehood of this pretended disavow- al had been confined to the court of Spain, I should have admitted it without concern. I should have been content that they themselves had left a door open for excuse, and accommodation. The king of England's honour is not touched till he adopts the falsehood, delivers it to parlia- ment, and makes it his own. " From vvh.it I have said, my lords, I do not doubt but it will be understood by many lords, and given out to the public, that I am for harrying the nation, at all events, into a war with Spain. My lords, I disclaim such councils, and I beg that this declaration may be remembered — Let us have peace, my lords, but let it be honourable, let it be secure. A patched up peace will not do. It will not sa- tisfy the nation, though it may be approved of by parlia- ment. I distinguish widely between a solid peace, and the disgraceful expedients, by which a war may be defer- red, but cannot be avoided. I am as tender of the effu- sion ol human blood, as the noble lord who dwelt so long upon the miseries of the war. If the bloody politics of some noble lords had been followed, England, and every quarter of his majesty's dominions would have been glut- ted with blood — the blood of our own countrymen. *' My lords, I have better reasons, perhaps, than many of your lordships for desiring peace upon the terms I have dtscribed. I know the strength and preparation of the House of Bourbon ; I know the defenceless, unprepared condition of this country. I know not by what misma- nagement we are reduced to this situation ; and when I consider, who are the men by whom a war, in the outset at least, must be conducted, can I but wish for peace ? — Let them not screen themselves behind the want oi intelligence — they had intelligence; I know they had. If they had not, they are criminal; and their excuse is their crinf,— But I will tell these young ministers the true source of intelligence. It is sagacity. Say^acity 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 mankind by his intelligence did not derive it from spies in the cabmet of every pnnce in 34 AMERICAN Europe : he drew it from the cabinet of his own saga- cious mind. He observed facts and traced them forward to their consequences. From what was, he concluded what must be, and he never was deceived. In the pre- sent situation of affairs, I think it would be treachery to the nation to conceal from them their real circumstances, and with respect to a foreign enejYw , I kuow that all con- cealments are vain and useless. They are as well ac- quainted with the actual force and weakness of this coun- try, as any of the king's servants. — This is no time for si- lence, or reserve. I charge the ministers with the high- est crimes that men in their stations can be guilty of. I charge them with having destroyed all content and unani- mity at home, by a series of oppressive, unconstitutional measures ; and with having betrayed, and delivered up the nation defenceless to a foreign enemy. " Their utmost vigour has reached no farther than 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 th present crisis, the nation is irretrievably un- done. I despise the little policy of concealments. You ought to know the whole of your situation. If the infor- piation be new to the ministry, let them take care to pro- fit by it. I mean to rouse, to alarm the whole nation — to rouse the ministry, if possible, who seem to awake to no- thing but the preservation of their places — to awaken the king. Extract from a Speech of Mr, Pitt, (after-wards Earl of Chatham) on the address to the King, in January^ 1765. " 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 endured to have been carried in my bed, so great was the agitation of my mind for the consequences, I would have solicited some kind hand to have laid me down on this floor, to have born my testimony against it. It is my opi» nion that this kingdom has no right to lay a tax upon the colonies. At the same time, I assert the authority of this Jfingdom to be sovereign and supreme in every circum- SPEAKER. 35 stance of government and legislation whatsoever. Taxa- tion is no part of the governing or legislative power : the taxes are a voluntary gift and grant of the commons alone. The concurrence of the peers and of the crown is necessary only as a form of law. This house represents the commons of Great Britain. When in this house we give and grant ; therefore we give and grant what is our own; but can we give and grant the property of the commons of America? Ii is an absurdity in terms. There is an idea in some, that the colonies are virtually represented in this house ? I would fain know by whom ? The idea of virtual representation is the most contemptible that ever entered into the head of man: it does not deserve a serious refu- tation. The .commons in America represent*. d in their several assemblies, have invariably exercised this consti- tutional 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 has ever possessed the power of legislative and commercial control. The colo- nies acknowledge your authorities in all things, with the sole exception that you shall not take their money out of their pockets without th-ir consent. H -re would I draw the line, quani ultra citraque nequit consistere rectum^ *' Sir, a charge is brought ag unst gentlemen sitting in the house, for giving birth to sedition in America. The free- dom, with which they have spoken their sentiments against this unhappy act, is imputed to them as a crime ; but the imputation shall not discourage me. It is a liberty which I hope no gentleman will be afraid to exercise : it is a li- berty by which the gendemen who calumniates it mi^ht have pr >fited. He ought to have desisted from his pro- ject. We are told America is obstinate — America is almost in open rebellion. Sir, I rejoice that America has resisted — three millions of people so dead to ali the feelings of liberty as volunt irily to submit to be slaves, would have been fit instruments to m .ke slaves of all the rest. I came not here armed at all points with law c ises and acts of parliament ; with the statute book doubled down in dog's ears to defend the cause of liberty ; but for the defence of liberty upon a general constitutional prin- ciple ; it IS a ground on which I dare mert any man: I will not debate points of law ; but what, after all, do the 36 AMERICAN cases of Chester and Durham prove, but that, under the most arbitrary reigns, parliament were ashamed of taxing a people without their consent, and allowed them repre- sentatives? A higher and better example might have been taken from Wales; that principality was never taxed by parliament till it was incorp(^rated with England. We are told of many classes of persons in this kingdom not repre- sented in parliament ; but are they not all virtually repre- sented as Englishmen resident within the realm ? Have they not the option, many of them at least, of becoming themselves electors ? Every inhabitant of this kingdom is necessarily included in the general system of representa- tion. It is a misfortune that more are not actually repre- sented. The honourable gentleman boasts of his bounties to America. Are not these bounties intended finally for the benefit of this kingdom? If they are not, he has mis- applied the national treasures. I am no courtier of Ame- rica. I maintain that parliament has a right to bind, to restrain America. Our legislative power over the colo- nies is sovereign and supreme. The honourable gentle- man tells us, he understands not the difference between internal and external taxation ; but surely there is a plain difference between taxes It vied for the purpose of raising a revenue, and duties imposed for the regulation of com- merce. When, said the honorable gentleman, were the colonies emancipated ? At what time, say I in answer, were they made slaves ? I speak from accurate knowledge, w^hen I say, that the profits to Great Britain from the trade of the colonies, through all its branches, is two mil- lions per an. urn. This is the fund which carried jou triumphantly through the last war ; this is the price Ame- rica pays you for her protection ; and sh.ill a miserable financier come with a boast that he can fetch a pepper-corn into the exchequer, at the loss of millions to the nation? It know the valour of your troops; I know the skill of your officers ; I know the force of this country ; but in such a cause, your success would be hazardous, America, if she fell, would fall hke the strong man : she would embrnce the pillars of the state, and pull down the constitution with her. Is this your boasted peace ? Not to shec=the the sword in the scabbard, but to sheathe it in the bowels of your countrymen ? The Americans have been wronged ; SPEAKER. 37 they have been driven to madness by injustice. Will you punish them for the madness you have occasioned? No J let this country be the first to resume its prudence and temper. I will pledge myself for the colonies, that, on their part, animosity and resentment will cease. Let affection be the only bond of coercion. The system of policy I would earnestly recommend Gr« at Britain to adopt, in relation to America, is happily expressed in the words of a favorite poet : " Be to her faults a little blind, *' Be to her virtues very kind ; *' Let all her ways be unconfined ; ** And clap your Padlock on her mind." Priok. " Upon the whole I beg leave to tell the house in a few words, what is really my opinion. It is that the stamp act be repealed— ABSOLUTELY— TOTALLY and immediately." Lord Chatham^ in reply to Lord Mansfield on a motion and address to the King on the state of the nation* — British House of Lords ^ 1770. My Lords, — There is one plain maxim, to which I have invariably adhered through life ; that m every ques- \ tion, in which my 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 learning, because I have seen the ablest and the most learned men equally liable to de- ceive themselves and to mislead others. The condition of human nature would be lamentable indeed, if nothing less than the greatest learning and talents, which fall to the share of so small a number of men, were sufficient to direct our judgment and our conduct. But providence has taken better care of our happiness, and given us, in the simplicity of common sense, a rule for our direction, by which we never shall be misled. I confess, my lords> I had no other guide in drawing up the amendment wh*^ h I submitted to your Consideration : and before I heard the opinion of the noble lord who spoke last, I did not con- ceive, that it was even within the limits of possibility for thv greatest human genius, the most subtle understand ng, or the acutest wit, so strangely to misrepresent my me m- ing, and give it an interpretation so entirely foreign /rom E 38 AMERICAN 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 ; if, either ex- pressly or by the most distant implication, I have said or insinuated any p«rt of what the noble lord has charged me with, discard the opinions for ever, discard the motion with contempt. My lords, I must beg the indulgence of the house* Neither will my health permit me, nor do I pretei d to be qualified to follow that learned lord minutely through the whole of his argument. No man is better acquainted with his abilities or his learning, nor has a greater respect for them, than I have. I have had the pleasure of sitting with him in the other house, and always listened to him with attention. I have not now lost a word of what he said, nor did I ever. Upon the present question I meet him without fear. The evidence which truth carries with It, is superior to all argument ; it neither wants the sup- port, nor dreads the opposition of the greatest abilities. It there be a single word in the amendment to justify the interpretation which the noble lord has been pleased to give it, I am ready to renounce the whole; let it be read, my lords : let it speak for itself. (It was read.) — In what instance does it interfere with the privileges of the house of commons ? In what respect does it question their juris- diction, or suppose an authority in this house to arraign the justice of their sentence ? I am sure that every lord who hears me, will bear me witliess that I said not one word touching the merits of the Middlesex election : far from conveying any opinion vipon that matter in the amendment, I did not even in discourse deliver my own sentiments upon it. I did not say that the house of com- mons had done either right or v.rong : but when his ma- jesty was pleased to recommend it to us to cultivate una- nimity among ourselves, I thought it the duty of this house, as ^he great hereditary council of the crown, to state to his majesty the distracted condition of his domi- .nions, together with the events which had destroyed una- nimity among his subjects. But, my lords, I stated those events merely as facts, without the smallest addition either of censwre or of opinion. They are facts, my lords, which SPEAKER, 39 I am not only convinced are true, but which I know are indisputably true. For example, my lords ; will any man deny that discontents prevail in many parts of his majes- ty's dominions ? or that those discontents arise from the proceedings of the house of commons, touching the de- clared incapacity of Mr. Wilkes? It is impossible: no man can deny a truth so notorious, nor will any man deny that those proceedings refused, by a resolution of one branch of the legislature only, to the subject, his com- mon right. Is it not indisputably true, my lords, that Mr. Wilkes had a common right, and that he lost it no other way but by a resolution of the house of commons ? My lords, I hnve been tender of misrepresenting the house of commons; I have consulted thfir journals, and have taken every word of their own resolution. Do they not tell us, in so many words, that Mr. Wilkes having been expelled, was thereby rendered incapable of serving in that parliament? And is it not their resolution alone, whicli refuses to the subject his common right? The amendment says farther, that the electors of Middlesex are deprived of their free choice of a representative. Is this a false fact, my lords ? or have I given an unfair I'e- presentation of it? Will any man presutne to affirm that colonel Luttrell is the free choice of the electors of Mid- dlesex? We all know the contrary. We all know ih.it Mr. Wilkes (whom I mention without either praise or censure) was the favourite of the country, and chosen, by a very great and acknowledged majority, to represent them in parliament. If the noble lord dislikes the man- ner in which these facts are stated, I shall think myself happy in being advised by him" how to alter it. I am very little anxious about terms, provided the substances be preserved; and these are facts, my lords, which I am sure will always retain their weight and importance, in whatever Torm of language they are described. Now, my lords, since I have been forced to enter into the explanation of an amendment, in which nothing less than the genius of penetration could have discovered an obscurity ; and having, as I hope, redeemed myself in the opinion of the house; having redeemed my motion from the severe representation givv-n of it by the noble lord, I must a little longer intreat your lordships' indulgence. 40 AMERICAN The constitution of this country has been openly invaded in fact ; and I have heard with horror and astonishment, that very invasion defended upon principle. What is this mysterious power, undefined by law, unknown to the sub- ject, which we must not approach without awe, nor speak oi without reverence ; which no man may question, and to Kvhich all men must submit? My lords, I thought the slavish doctrine of passive obedience had long since been exploded: and, when our kin^fs were obliged to confess that their title to the crown, and the rule of their govern- ment, had no othe-r foundation ihun the known laws of the land, I never expected to hear a divine right, or a divine infallibility, atiributed to any other branch of the legisla- ture. My lords, I beg to be understood : no man re- spects the housfc of commons more than 1 do, or would contend more strenuously than I would to preserve them their just and legal authority. Within the bounds pre- scribed by the constitution, that authority is necessary to the v/eli being of the people; beyond that line every exer- tion of power is arbitrary, is illegal ; it threatens tyranny to the people, 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 subject to it, but tends to its own destruction. It is what my noble friend (lord Lyt- tleton) has truly described it, res detestabilts et caduca. jNIy lords, I acknowledge the just power, and reverence the constitution of the house of commons. It is for their own sake s that I would present their assuming a power which the constitution has denied them, lest, by grasping at an authority they have no right to, they should forfeit that which they legally possess. My lords, I uffirm that ihey have betrayed their constituents, and violated the coniititution. Under pretence of declaring the law, they have made a law, and united in the si?me persons the of- fice of legislator and of judge. I shi>ll endeavour to ad- here strictly to the noble lord's doctrine, which it is in- deed impossible to mistake, as far as my memory will permit me to preserve his expression. He seems fond of the word jurisdiction; and 1 confess, with the force and effv ct which he has given it, it is a word of copious mean- ing and wonderful extent. If his lordship's doctrine be AMERICAN 4i well founded, we must renounce all those political max- ims by which our understandings have hitherto been directed; and even the first elements of learning taught us when we were school-boys. My lords, we know that jurisdiction was nothing more than jfus dicere; we know that Legem facere and Legem dicere were powers clearly distinguished from each oth..-r in the nature of things, am wisely separated by the wisdom of the English constitu- tion: but now, it seems, we must adopt a new system c thinking. Tiie house of commons, we are told, have i supreme jurisdiction; that there is no appeal from their sentence; and that whenever they are competent judges, their decision must be received and submitted 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 simplicity of the laws of England. By what sophistry they have been perverted, by what artifices they have been invf^lved in obscurity, is not for me to explain; the principles, however, of the English laws are still suf- ficiently clear; they are founded in reason, and are the master-piece of the human understanding; but it is in the text that I would look for a direction to my judgment, not in the commentaries of modern professors. The no- ble lord assures us, that he knows not in what code the law of parliament is to be found : that the house of com- mons, when they act as judges, have no law to direct them but their own wisdom ; that their decision is law ; and if they determine wrong, the subject has no appeal but to heaven. What then, my lords, are all the generous efforts of our ancestors, are all those glorious contentions, by which they meant to secure to themselves, and to trans- mit to their posterity, a known law, a certain rule of liv- ing, reduced to this conclusion, that instead of the arbitra- ry power of a king, we must submit to the arbitrary power of a house of comm .ns? If this be true, what benefit da we derive from the exchange ? Tyranny, my lords, is de- testable in every shape ; but in none so formidable as where it is assum^rd and exercised by a number of tyrants. But, my lords, this is not the fact; this is not the consti- tution: we have a law of parliament, we have a code in which every honest man mav find it. Wc; have 7nagna chartOy we have the statute book, and the bill of rights. E2 42 SPEAKER. If a case should arise unknown to these great authori- ties, we have still that plahi English reason left, which is the foundation of all our English jurisprudence. That reason tells us, that every judicial court, every political society, must be vested with those powers and privileges which are necessary for performing the office to which they are appointed. It tells us also, that no court of jus- tice can have a power inconsistent with, or paramount to the known laws of the land j that the people, when they choose their representatives, never mean to convey to them a power of invading their rights, or trampling upon the liberties of those v. horn they represent. What secu- rity would they have for their rights, if once they admit- ted, that a court of judicature might determine evefy question that came before it, not by any known positive law, but by the vague, indeterminate, arbitrary rule, of what the noble lord is pleased to call ' the wisdom of the court:' With rtspect to the decision of the courts of jus- tice, I am far from denying them their due weight and au- thority; 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 au- thority, it must appear, that they are founded in, and con- firmed by reason ; that they are supported by precedents taken from good and moderate times ; that they do not contradict any positive law ; that they are submitted to without reluctance by the people ; that they are unques- tioned by the legislature (which is equivalent to a tacit confirmation); and, which in my judgment is by far the most important, that they do not violate the spirit of the constitution. My lords, this is not a vague or loose ex- pression ; we all know what the constitution is ; we all k'ow, that the first principle of it is, that the subject shall not bt governed by the arbitrium of any one man or body of men (less than the whole It gislature), but by certain laws, to which he has virtually given his consent, which are open to him to examis.e, and not bej ond his ability to un- derstand. Now, my lords, I affirm, and am ready to maintain, that the late decision of the house of commons upon the Middlesex ekttion, is destitute of every one of those prpperties and conditions which i hold to be essen- tial to the legality of such a decision. It is not founded SPEAKER. 4^ in reason ; for it carries with it a contradiction, that the representative should perform the office of the constituent body. It is not supported by a single precedent ; for the case of sir R. Walpole is but a half precedent, and even that half is imperfect. Incapacity was indeed declared ; but his crimes are stated as the ground of the resolution, and his opponent was declared not to be duly elected, even after his incapacity was established. It contradicts magna charta^ and the bill of rights, by which it is pro- vided, that no subject shall be deprived of his freehold, unless by the judgment of his peers, or the law of the land ; and that election of members to serve in parliament shall be free ; and so far is this decision from being sub- mitted to by the people, that they have taken the strong- est measures, and adopted the most positive language, to express their discontent. — Whether it will be questioned by the legislature, will depend upon your lordship's reso- lution ; but that it violates the spirit of the constitution, 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 ; }et, if we are to believe the noble lord, this great grievance^ this manifest violation of the first principles of the constitution, will not admit of a remedy ; is not even capable of redress, unless we appeal at once to heaven. Mv lords, I have better hopes of the constitution, and a firmer confidence in the wisdom and constitutional autho- rity of this house. It is to your ancestors, my lords, it is to the English barons, that we are indebted for the laws and constitution 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 un- derstood the rights of humanity, and they had spirit to maintain them. My lords, I think that history has not done justice to their conduct, when they obtained from their sovereign that great acknowledgment of national rights contained in magna charta; they did not confine it to themselves alone, but delivered it as a common l^Jpssing to the whole peo- ple. They did not say, these are the rights of the great barons, or, these are th'e rights of the great prelates : no. U AMERICAN my lords, they said, in the simple Latin of the times, 7iui' lu's liber homo^ and provided as carefully for the meanest suhjtrct as for the greatest. These are uncouth words, and sound but poorly in the ears of scholars ; but they are dear to the hearts of free men. These three words, 7iul- lus liber /iowo, have a meaning which interests us all: they deserve to be remembered — they deserve to be inculcated in our minds — they are worth all the classics. — Let us not, then, degenerate from the glorious example of our an- cestors. 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 opened to the first invader — the walls totter — the constitution is not tenable. What remains, then, but for us to stand fore- most in the breach, to repair it, or perish in it. Great pains have been taken to alarm us with the dreadful consequences of a difference between the two houses of parliament: that the house of commons will resent our presuming to take notice of their proceedings : that they will resent our daring to advise the crown, and never forgive us for attempting to save the state. My lords, I am sensible of the importance and difficulty of this great crisis : at a moment such as this, we are called upon to do our duty, without dreading the resentment of any man. But if apprehensions of this kind are to affect us, let us consider which we ought to respect most — ihe representati\ e, or the collective Ijody of the people. My lords, five hundred gentlemen arc not ten millions ; and if we must have a contention, let us take care to have the English nation on our side. If this question be given up, the freeholders of England are reduced to a condition baser than the peasantry of Poland. If they desert their own cause, they deserve to be slaves ! My lords, this is not merely the cold opinion of my understanding, but the. glowing expression of what I feel. It is my heart that speaks. I know I speak warmly,' my lords, but this warmth shall neithei' betray my argument nor my tem- per. The kingdom is in a flame ; as mediators between the king and people, it is our duty to represent to him the SPEAKER. 45 true condition and temper of his subjects. It is a duty which no particular respects should hinder us from per- forming ; and whenever his majesty shall demand our ad- vice, it will then be our duty to enquire more minutely into the causes of the present discontents. Whenever that enquiry shall come on, I pledge myself to the house to prove, that since the first institution of the house of commons, not a smgle precedent can be produced to jus- tify their late proceedings. My noble and learned friend, (the lord Chancellor) has also pledged himself to the house, that he will support that assertion. My lords, the character and circumstances of Mr. Wilkes have been very improperly introduced into this question, not only here, but in that court of judicature where his cause was tried: — I mean the house of com- mons. With one party he was a patriot of the first mag- nitude: with thfe other, the vilest incendiary. For my own part, I consider him merely and indifferently as an English subject, possessed of certain rights which the laws have given him, and which the laws alone can take from him. I am neither moved by his private vices, nor by his public merits. In his person, though he were the worst of men, I contend for the safety and security of the best ; and God forbid, my lords, that there should be z power in this country of measuring the civil rights of the subject by his moral character, or by any other rule but thi; fixed laws of the land. I believe, my lords, I shall not be suspected of any personal partiality to this unhappy man : I am not very conversant in pamphlets or newspa- pers ; but from what I have heard, and from the little I have read, I may venture to afiirm, that I have had my share in the compliments which have come from that quar- ter: and as for motives of ambition (for I must take to my- self a part of the noble duke's insinuation,) I believe, my lords, there have been tunes in which I have had the hon- our of standing in such favour in the close^that there must have been something extravagantly unreai^nable in my wishes, if they might not at all have been gratified. After neglecting those opportunities, I am now suspected of coming forward in the decline of life, in the anxious pursuit of wealth and power, which it is impossible for me to enjoy. Be it so : there is one ambition, at least. 46 AMERICAN 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 1 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 defence, and what kind of redress this case will re- quire and admit of, is not at present the subject of our consideration. The amendment, if agreed to, will natu- rally lead us to such an enquiry. That enquiry, may perhaps, point o^ut the necessity of an act of the "legisla- ture, or It may lead us, perhaps, to desire a conference with the other house ; which one noble lord affirms, is the only parliamentary way of proceeding; and which another no- ble lord assures us the house of commons would either not come to. or would break off with indignation. Leaving their lordships to reconcile that matter* between them- selves, I shall only sa} , that before we have enquired, we cannot be provided with materials ; c-onsequently, at pre- sent we are not prepared for a conference. It is possible, my lords, that the enquiry I speak of may lead us to advice his majesty to dissolve the present par- liament; nor have I any doubt of our right to give that advice, if we should think it necessary. His majesty will then determine whether he will yield to the united peti- tions of the people of England, or maintain the house of commons in the exercise of a legislative power, which heretofore abolished the house of lords, and overturned the monarchy. I willingly acquit the present house of commons of having actually formed so detestable a de- sign : but they cannot themselves foresee to what excesses they may be carried hereafter : and for my own part, I should be sorry to trust to their future moderation. Un- limited power is apt to corrupt the minds of those who possess it; and this I know, my lords, that where lav/ ends, tyranny begins ! Lor a Chatham on the State of the Nation, — 1770. My lords, — I shall give you my reasons for concurring with the motion, not methodically, but as they occur to my mind. I may wander, perhaps, froAi the exact par- liamentary debate ; but I hope I shall say nothing but SPEAKER. 47 what may deserve your attention, and what if not strictly proper at present, would be fit to be said, wht-n the state of the nation shall come to be considered. My uncertain state of health must plead my excuse. I am now in some paini and very probably may not be able to attend my duty when I desire it most in this house. I thank God, my lords, for having thus long preserved so inconsiderable a being as I am, to take a part upon this great occasion, and to contribute my endeavours, such as they are, to re- store, to save, to confirm the constitution. My lords, I need not look abroad for grievances. The grand capital mischief is fixed at home. It corrupts the very founda- tion of our political existence, and prej's upon the vitals of the state. The constitution has been grossly violated. The constitution at this moment stands violated; Until that wound be healed, until the grievance be re- dressed, it is in vain to recommend union to parliament in vain to promote concord among the people. If we mean seriously to unite the nation within itself, we must convince them that their complaints are regarded, and that their enquiries shall be answered. On that foundation, I would take the lead in recommending peace and harmony to the people: on any other, I would never wish to see them united again. If the breach in the constitution be effectually repaired, the people will of thems .Ives return to a state of trariquillity : if not, may discord prevail FOR EVER ! I know to what point this doctrme and this language will appear directed. But I feel the principles of an Englishman, and I utter them, without apprehension or reserve. The crisis is indeed alarming; so much the more does it n quire a prudent relaxation on the part of government. If the king's servants will not permit a con- stitutional question to be decided on according to the forms and on the principles of the constitution, it must then be decided in some other manner: and rather than it should be given up, rather than the nation should surren- der their birthri;^ht to a despotic minister, I hope, my lords, old as I am, I shall see the question brought to is- sue, and fairly tried between the people and government. My lords, this is not the language of faction. Let it be tried by that criterion by which alone we can distinguish what is factious from what is not — by the principles of the r 48 AMERICAN English constitution. I have been bred up in these prin- ciples, and know that when the liberty of the subject is in- vaded, and all redress denied him, resistance is justified. If I had a doubt upon the matter, I should follow the ex- ample set us by the most reverend bench ; with whom I believe it is a maxim, when any doubt in point of faith arises, or any question of controversy is started, to appeal at once to the greatest source and evidence of our religion - — I mean the Holy Bible. The constitution has its poli- tical bible, by which, if it be fairly consulted, every politi- cal question may, and ought to be determined. Magna Charta^ the petition of rights, and the bill of rights, form that code which I call the bible of the English constitu- tion. Had some of his majesty's unhappy predecessors trusted less to the comments of their ministers, had they been better read in the text itself, the glorious revolution would have remained only possible in theory, and Would not now have existed upon record — a formidable example to their successors. My lords, the condition of his majesty's affairs in Ire- land, and the state of that kingdom within itself, will un- doiibtedly make a very material part of your lordship's enquiry. I am not sufficiently informed to enter into the subject so fully as I could wish, but from what appears to the public and my own observation, I confess I cannot give the ministry much credit for the spirit of prudence of their conduct. I see that where their measures are well chosen, they are incapable of carrying them through without some unhappy mixture of weakness or impru- dence. They are incapable of doing entirely right. My lords, I do from my conscience, and from the best weigh-» cd principles of my understanding, applaud the augmenta- tion of the army. As a military plan, I believe it has been judiciously arranged. In a political view, I am con- vinced it was for the welfare, for the safety of the whole empire. But, my lords, with all these advantages, with all these recommendations, if I had the honour of advis- ing his majesty, I would never have consented to his ac- cepting the augmentation with that absurd, dishonourable condition which the ministry have submitted to annex to it. Mv lords, I revere that just prerogative of the crown, and would contend for it as warmly as for the rights of SPEAKER. 49 the people. They are linked together, and naturally sup- port each other. I would not touch a feath' r of the pre- rogative. The expression perhaps is too light ; but since I have made use of it, let me add, that the entire com- mand and power of directing the local disposition of the army, is to the royal prerogative as the master feather in the eagle's wing : and if I were permitted to carry the allusion a little farther, I would say, they have disarm .'d the imperial bird, the " ministrum fubninis alitem^^ The army is the thunder of the crown. The ministry have tied up the hand which should direct the bolt. My lords, I remember that Minorca ^ as 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 enquiry into that matter in the other house ; and I was convinced we h id 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 support- ed it among my friends ; I have recommended it to several members of thelrishhouseof commons, and exhorted them to support it with their utmost interest in parliament. I did not foresee, nor could I conceive it possible, the ministry wouid accept of it, with a condition that makes the plan itself ineffectual, and, as far as it operates, defeats every useful purpose of maintaining a standing military force. His majesty is now so confined with his promise, that he must leave twelve thousand men locked up in Ireland, let the situation of his affairs abroad, or the approach of dan- ger to this country, be ever so alarming, unless there be an actual rebellion or invasion in Great Britain. Even in the two cases excepted by the king's promise, the mischief must have already begun to operate, must have already taken effect, before his majesty can be authorised to send for the assistance of his Irish army. He has not left him- self the power of taking any preventive measures ; let his intelligence be ever so certain, let his apprehensions of in- vasion or rebellion be ever so well founded ; unless the traitor be actually in arms, unless the enemy be in the heart of your country, he cannot move a single man from Ireland. 1 50 AMERICAN I feel myself compelled, my lords, to return to that sub- ject which occupies and interests me most — I mean the internal disorder of the constitution, and the remedy it de- mands. But first, I would observe, there is one point upon which 1 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 candour, and should expect the same candour in return. For the noble duke, in particular, I have every personal respect and regard. I never desire to understand him but as he wishes to be understood. His grace. I think, has laid much stress upon the diligence of the seve- ral public offices, and the assistance given them by the ad- ministration, in preparing a state of the expences of his majesty's civil government, for the information of parlia- ment, 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 recollect, 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 unpractised 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 made up, I am convinced there must be a defect in some of the public offices, which ought strictly to be enquired into, and severely punished. But my lords, the waste of the public money, is not of itself so import- ant as the ptrnicious 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 country, which has been attended with many fatal consequences ; because it has not been the regular, natural produce of labour ard industry. The riches of Asia have been poured in ^.^pon us, and have brought with them not only Asiatic luxury, but I fear Asiatic principles of government. Without connections, without any natural interest in the soil, the importers of foreign gold have forced their way into parliament, by such a torrent of private corruption as i;o private hereditary fortune could resist. My lords, I s y nothing but what is within the knowledge of us all. iiio corruption of the people is the great original cause oi SPEAKER. 51 the discontents of the people themselves, of the enter- prises of the crown, and the notorious decay of the inter- nal vigour of the constitution. For this great evil some immediflte remedy must be provided: and I confess, my lords, I did hope that his majesty's servants would not have suffered so many years of peace to elapse without paying some attention to an object which ought to engage and interest us all. I flattered myself I should see some barriers thrown up in defence of the constitution, some impediment formed to stop the rapid progress of corrup- tion. I doubt not we all agree that something must be done. I shall offer my own thoughts, such as tht- y are, to the consideration of the house ; and I wish that every no- ble lord who hears me would be as ready as I am to con- tribute his opinion to this important service. I will not call my own sentiments crude and indigested : it would be unfit for me to off^r any thing to your lordships which I had not well considered ; and this subject, I own, has long occupied my thoughts. I will now give them to your lordships without reserve. Whoever understands the theory of the English 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 politi- cal practice as nearly as possible to our political principles. The constitution intended that there should be a perma- nent relation between the constituent and representative body of the people. Will any man affirm that as the house of commons is now formed, that relation is in any degree preserved ? My lords, it is not preserved : it is de- tiroyed. Let us be cautious, however, how we have re- course to violent expedients. The boroughs of this country have properly enough been called the rotten parts of the constitution. I have lived in Cornw-all, and without entering into an invidious particularity, have seen enough to justify the appellation. But in my judgment, my lords, these boroughs, corrupt as they are, must be considered as the natural infirmity of the constitution. Like the infirmities of the body, we must bear them in 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 gentle remedies 52 AMERICAN may not be discovered. Since we cannot cure the disor= der, let us endeavour to infuse such a portion of new health into the constitution as may enable it to support its most inveterate diseases. The represeiitation of the counties is, I think, still pre- serve d pure and uncorrupted. That of die great cities is upon a fooling equally respectable ; and there are many of the larger trading towns, which still preserve their inde- pendence. The inlus on of health which I now allude to, \v uld be to permit evt ry county to elect one member more ir addition to their present representation. The knights of the shires approach nearest to the v.onstitutional repre- sentation of the country, because they represent the soil. It is not the little dependent boroughs, it is in the great cities and counti's that the strength and vigour of the con- stitution resides, and by thtm alone, if an unhappy ques- t'um should ever arise, will the constitution be honestly and firn^iy defended. I would encrease that strength, because I think it is the onh security we have against the profliga- cy of the times, the corruption of the people, and the am- bition of ihe crown. I thii.k I have weighed every possible objection that can be raised against a plan of this nature ; and I confess I see but one which to me carries any appearance of soli- dity. It may be said, perhaps, that when the act passed for uniting the two kingdoms, the number of persons who were to represent the whole nation in parliament was pro- portioned and fixed on for ever — that the limitation is a fundamental article, and cannot be altered without hazard- ing a dissolution of the union. My lords, no man who hears me can have a greater re- verence for that V ise and important act than I have. I revere the memory of that great prince who first formed 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 nations, every article of it should be sacred. I hope 1 cannot be suspected of conceiving a thought so detestable, as to propose an advantage to one of the contracting parties, at the expence 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- SPEAKER, 53 suade me to varv even from the letter of the act ; but there is no occasion, however urgmt, however import- ant, that should ever induce me to d- p -rt from the spirit of it. Let that spirit be religiously preserved. Let us follow the principle upon which the representation of the two countries was proportioned at the union ; and when we increase the number of representatives for the Eng- lish counties, let the shires of Scotland be allowed an equal privilege. On these terms, and while the proportion limited by the union is preserved between the two nations, I apprehend that no man, who is a friend to either^ will object to an alteration, so necessary for the security of both. I do not speak of the authority of the legislature to carry such a measure into effect, because T imagine no man will dispute it. But I would not wish the legislature to interpose by an exertion of its power alone, without the cheerful concurrence of all parties. My object is the happine^is and security of the two nations, and I would not wish to obtain it without their mutual consent. My lords, besides my warm approbation of the motion made by the no!)le lord, I have a particular and personal pleasure in rising up to second it. I consider my second- ing his lordship's motion, and I would wish it to be con- sidered by others, as a public demonstration of that cor- dial union which I am happy to afilrni subsists between us — of ray attachment to those principles which he has so well defended, and of my respect for his person. There has been a time, my lords, when those who wished well to neither of us, who wished to see us separated for ever, found a sufficient gratification for their milignity against us both. But that time is happily at an end. The friends of this country will, I doubt not, hear w-ith pleasure, that the noble lord and his friends are 'now united with me and mine, upon a principle which I trust will make our union indissoluble. It is not to possess, or divide, the emoluments of government; but, if possible, to save the state. Upon this ground wj met — upon this ground we stand, firm and inseparable. No ministerial artifices, no private offers, no secret seduction, can divide us. United as we are, we can set the profoundest policy of the present ministry tht-ir grand, their only arcanum of government, their divide ct impera^ at defiance. F ?. 54 AMERICAN I hope, an early day will be agreed to for considering the state of the nation. My infirmities must fidl heavily upon me, indeed, if I do not attend my duties that day. When I consider my age and unhippv state ot" health, I feel how little 1 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 con- vey to those who come after me, the blessings which I cannot long hope to enjoy myself. Lord MansfidcPs Speech in the Home of Lords ^ 1770, on the Bill for preventing the Delays of Justice^ by claim- ing the Privilege of Parliament. " My lords, — When I consider the importance of this bill to \our lordships, I am not surprised it has taken up so much of your consideration. It is a bill, indeed, of no common magnitude ; it is no less than to take away from two-thirds of the legislative body of this great kingdom, certain privileges and immunities of whichthey have been long possessed. Perhaps there is no situation the human miiui can be placed in, that is so difficult and so trying, as when it is made a judge in its own cause. There is some- th'i'ig implanted in the breast of man so attached to self, so tenacious of privileges once obtained, that, in such a situa- tion, either to discuss with impartiality, or decide with justice, has ever been held the summit of all human vir- tue. The bill now in question puts your lordships in this very predicament ; and I doubt not but the wisdom of your decision will convince the world, that where self-in- terest and justice are in opposite scales, the latter will ever preponderate with your lordships. 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 tuid welfare of this whole em- pire, may depend upon their attendance in parliament. I am far from advising any measure that would in future en- danger the state : but the bill before your lordships has, I am confident, no such tendency; for it expressly secures the persons of members of either House in all civil suits. SPEAKER. I^is being the case, I confess, when I see many noble lords, for whose judgment I have a very great respect, standing up to oppose a bill which is calculated merely to facilitate the recovery of just and legal debts, I am aston- ished and amazed. They, I doubt not, oppose the bill upon public principles: I would not v/ish to insinuate, that private interest had the least weight in their determi- nation. The bill has been frequently proposed, and as frequent- ly has miscarried : but it was always lost in the Lower House. Little did I think, when it had passed the Com- mons, that it possibly could have met with such opposi- tion here. Shall it be said, that you, my lords, the grand council of the nation, the highest judicial and legislative body of the realm, endeavour to evade, by privilege, those very laws which you enforce on your fellow-subjects ? Forbid it Justice ! — I am sure, were the noble lords as well acquainted as I am, with but half the difficulties and delays occasioned in the courts of justice, under pretence of privilege, they would not, nay they could not, oppose this bill. I have waited with patience to hear what arguments might be urged against the bill ; but I have w«ited in vain : the truth is, there is no argument that can weigh against it. The justice and expediency of the bill are such as render it self-evident. It is a proposition of that nature, that can neither be weakened by argument, nor entangled with sophistry. Much, indeed, has been said by some noble lords, on the wisdom of our ancestors, and how diiTerently they thought from us. They not only de- creed, that privilege should prevent all civil suits from proceeding during the sitting of parliament, but likewise granted protection to the very servants of members. I shall sny nothing on the wisdom of our ancestors; it might perhaps appear invidious ; that is not necessary in the present case. I shall only say, that the no!)le lords who flatter themselves with 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. Foimerly, we were not that great commercial nation we are at present ; nor formerly were merchants and manu- S6 AMERICAN facturers members of parliament, as at present. The case is now very different : both merchants and manufacturers are, with great propriety, electt d 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 of trade are re* gular payments : and sad experience teaches us, that there are m.en, who will not make their regular payments with- out the compulsive power of the laws. The law then ought to be equally open to all. Any exemption to parti- cular men, or particular ranks of men, is, in a free and commercial country, a solecism of the grossest nature. But I will not trouble your lordships with arguments for that, which is sufficiently evident without any. I shall only say a few words to some noble lords, who foresee much inconveniency, from the persons of their servants being liable to be arrested. One noble lord observes^ That the coachman of a peer may be arrested, while he is driving his master to the House, and that, consequently, he will not be able to attend his duty in parliament. If this were actually to happen, there are so many methods by which the member might still get to the House, that I can hardly think the noble lord is serious in his objec- tion. Another noble peer said, That, by this bill, one might lose his most valuable and honest servants. This I hold to be a contradiction in terms : for he can neither be a valuable servant, nor an honest man, who gets into debt which he is neither able nor willing to pay, till com- pelled by the law. If my servant, by unforeseen accidents, has got into debt, and 1 still wish to retain him, I certainly would pay the demand. But upon no principle of liberal legislation whatever, can my servant have a title to set his creditors at defiance, while for forty shillings only, the honest tradesman maybe torn from his family, and locked up in a 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 lordship's con- sideration. " I come now to speak upon what, indeed, I woulcj have gladly avoided, had I not been particularly pointed at, for the part I have taken in this bill. It has been said SPEAKER. 57 by a noble lord on- my left hand, that I likewise am run- ning the race of popularity. If the noble lord means by popularity, that applause bestowed by after- ages on good and virtuous actions, I have long been struggling in that race : to what purpose, all-trymg Time can alcne deter- mine. But if the noble lord means that mushroom popu- larity, which is raised without merit, and lost without a crimt , he is much mistaken in his opinion. I defy the noble lord to point out a single action in my life, in which the popularity of the times ever had the smallest influence on my determinations. I thank God I have a more per- manent and steady rule for my conduct, — the dictates of my own breast. They who have foregone that pleasmg adviser, and given up their mind to be the slave of every popular impulse, I smcerely pity . I pity them still more, if their vanity leads them to mistake the shouts of a mob for the trumpet of fame. Experience might inform them that many, who have been saluted with the huzzas of a crowd one day, hvve received their execrations the next; and many, who, by the popularity of their times, have been held up as spodess patriots, have, nevertheless, ap- peared upon the historian's page, when truth his triumph- ed over delusion, the assassins of liberty. Why then the noble lord can think I am ambitious of present popularity, that echo of follv, and shadow of renown, I am at a loss to determine. Besides, I do not know that the bill now before your lordships will be popular ; it depends 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 a very unpopular bill. It may not be popular neither to take away any of the privileges of par- liament: for I very well remember, and many of your lordships may remember, that, not long ago, the popular cry was for the extension of privilege ; and so far did ihey carry it at that time, that it was said, the privilege pro- tected members even in criminal actions ; nay, such was the power of popular prejudices over weak minds, that the very decisions of some of the courts were tinctured with that doctrine. It was undoubtedly an abominable doctrine ; I thought so then, and I think so still ; but nevertheless, it was a popular doctrine, and came imme- diatelv from those v/ho v/ere called the friends of liberty, W 58 AMERICAN 1 how deservedly, time will show. True, liberty, in my opi- nion, can only exist when justice is equally administered to all ; to the king and to the beggar. Where is the- jus- tice then, or where is the law that protects a member of parliament more than any other man, from the punishment due to his crimes.^ The laws of this country allow of no place, nor any employment, to be a sanctuary for crimes; and where I have the honor to sit as judge, neither royal favor, nor popular applause, shall ever protect the guilty. I have now only to beg pardon for having employed so much of your lordships' lime ; and I am sorry a bill, fraught with so many good consequences, has not met with an abler advocate ; but I doubt not your lordships' determination will convince the world, that a bill, calcu- lated to contribute so much to the equal distribution of justice as the present, requires with your lordships but very little support. Colonel Barre i?i reply to Lord North on a message from the King on Afnerican affairs^ British House of Commons^ —1774. I rise with great unwillingness to oppose this measure in its very infancy, before its features are well formed, or to claim that attention which this house seems to bestow with so much reluctance on any arguments in behalf of America. But I must call you to witness, that I have been hitherto silent, or acquiescent, to an unexpected de- gree of moderation. While your proceedings, severe as they were, had the least colour of foundation in justice, I desisted Irom opposing them ; nay more — though your bill for stopping up the port of Boston contained in it many things most cruel, unwarrantable, and unjust, yet as they were couched under those general principles of justice, retribution for injury, and compensation for loss sustained, I not only desisted from opposing, but assented to its passing. The bUl was a bad way of doing what was right ; but stiil it was doing what was right. I would not, therefore, by opposing it, seem to countenance those vio- lences which had been committed abroad ; and of which no man disapproves more than I do. Upon the present question I am totally unprepared. The motion itself bears no sort of resemblance to what SPEAKER. 59 was formerly announced. The noble lord and his friends have had every advantage of preparation. They have re- connoitred the field, and chosen their ground. To attack them in these circumstances may, perhaps, savour more of the gallantry of a soldier, than of the wisdom of a sena- tor. But, sir, the proposition is so glaring ; so unprece- dented in any former proceedings of parliament; so un- warranted by any delay, denial, or preservation of justice in America ; so big with misery and oppression to that country, and with danger to this — that the first blush of it is sufficient to alarm and rouse me to opposition. It is proposed to stigmatize a whole people as persecu- tors of innocence, and men incapable of doing justice ; yet you have not a single fact on which to ground that impu- tation. I expected the noble lord would have supported this motion by producing instances of the officers of go- vernment in America having been prosecuted with unre- mitting vengeance, and brought to cruel and dishonoura- ble deaths by the violence and injustice of American ju- ries. But he has not produced one such instance ; and I will tell you more, sir — he cannot produce one. The in- stances which have happened are directly in the teeth of his proposition. Colonel Preston, and the soldiers, who shed the blood of the people, were fairly tried, and fully acquitted. It was an American jury, a New England jury, a Boston jurv, which tried and acquitted them. Colonel Preston has, under his hand, publicly declared, that the inhabitants of the very town in which their fel- low citizens had been sacrificed, were his advocates and defenders. Is this the return you make them ? Is this the encouragement you give them to persevere in so laud- able a spirit of justice and moderation ? When a com- missioner of the customs, aided by a number of ruffi ms, assaulted the celebrated Mr. Otis in the midst of the town of Boston, and with the most barbarous violence almost murdered him, did the mob, which is said to rule that town, take ven;;eance on the perpetrators of this inhu- man outrage, against a person who is supposed to be their demagogue ? No, sir, the law tried them : the law gave heavy damages against them ; which the irreparably in- jured Mr. Otis most generously forgave, upon the ac- knowledgment of the offence. Can you expect any more \ 60 AMERICAN such instances of magnanimity under the principle of the bill now proposed? But the nuble lord says, " We must now shew the Americans that we will no longer sit quiet tinder their insults." Sir, I am sorry to say that this is declamation, unbecoming the character and place of him who utters it. In what moment have you been quiet? Has not your government for many years past been a se- ries of irritating and offensive measures, without policy, principle, or moderation ? Have not your troops and your ships made a vain and insulting parade in their streets and in their harbours ? It has seemed to be your study to irri- tate and inflame them. You have stimulated discontent into disaffection, and you are now goading that disaffection into rebellion. Can you expect to be well informed when you listen only to partizans ? Can you expect to do justice when you will not hear the accused ? Let us consider, sir, the precedents which are olTered to warrant this proceedirig — the suspension of the habeas cor- •pus 2iZ\.'vci 1745 — the making smugglers triable in Mid- dlesex, and the Scotch rebels in England. Sir, the first wt s done upon the most pressing necessity, y?w^T<:/;?/e' hello ^ with a dangerous rebellion in the very heart of the king- dom ; the second, you well know, was warranted by the most evident facts ; armed bodies of smugglers marched publicly, without presentment or molestation from the people of the county of Sussex, who, even to their magis- trates, were notoriously conuected with them. They murdered the officers of the revenue, engaged your troops, and openly violated the laws. Experience convinced you, that the juries of that, and of the counties similarly cir- cumstanced, would never find such criminals guilty ; and upon the conviction of this necessity you passed the act. The same necessity justified the trying Scotch rebels in England. Rebellion had raised its dangerous standard in Scotland, and the principles of it had so universally taint- ed that people, that it was manifestly in vain to expect justice from them against their countrymen. But in Ame- rica, not a single act of rebellion has been committed. Let the crown law officers, who sit by the noble lord, de- clare, if they can, that there is upon > our table a single evidence of treason or rebellion in America. They know, SPEAKER. 61 sir, there is not one, and yet are proceeding as if there were a thousand. Having thus proved Sir, that the proposed bill is without precedent to support, and without facts to warrant it, let us now view the consequences it is likely to produce. A soldier feels himself so much above the rest of mankind, that the strict hand of the civil power is necessary to con- trol the haughtiness of disposition which such superiority inspires. You know, sir, what constant care is taken in this country to remind the military that they are under the restraint of the civil power. In America their supe- riority is felt still greater. Remove the check of the law, as this bill intends, and what insolence, what outrage may you not expect ? Every passion that is pernicious to so- ciety will be let loose upon a people unaccustomed to licentiousness and intemperance. On the one hand will be a people who have been long complaining of oppres* sion, and see in the soldiery those who are to enforce it upon them ; on the other, an army studiously preposses- sed with the idea of that people being rebellious, unawed by the apprehension of civil control, and actuated by that ar- bitrary spirit which prevails even amongst the best of troops. — III this situation the prudent officer will find it impossible to restrain his soldiers, or prevent that provo- cation which will rouse the tamest people to resistance. The inevitable consequence will be, that you will produce the rebellion you pretend to obviate. I have been bred a soldier ; having served long. — I re- spect the profession, and live in the strictest habits of friendship with a great many officers ; but there is not a country gentleman of you all, who looks upon the army with a more jealous eye, or would more strenuously resist the setting them above the control of the civil pow- er. No man is to be trusted in such a situation. It is not the fault of the soldier, but the vice of human nature, which, unbridled by law, becomes insolent and licentious, wantonly violates the peace of society, and tramples upon the rights of human kind. With respect to those gentlemen who are destined to this service, they are much to be pitied. It is .1 service, which an officer of feeling and of worth must enter upon with infinite reluctance. A service, in which his only G 62 AMERICAN merit much be, to hear much^ and do little. With the me- lancholy prospect before him of commencing a civil war, and embruing his hands in the blood of his fellow-subjects, his feelings, his life, his honour are hazarded, without a possibility of any equivalent or compensation. You may perhaps think a law, founded upon this motion, will be his protection. I am mistaken if it will. Who is to execute it? He must be a bold man indeed who makes the at- tempt: if the people are so exasperated, th^t it is unsafe to bring the man who has injured them to trial, let the governor who withdraws him from justice look to himself. The people will not endure it : they would no longer deserve the reputation of being descended from the the loins of Englishmen, if they did endure it. W^hen I stand up as an advocate for Arherica, I feel myself the firmest friend of this country. We stand upon the commerce of America. Alienate your colonies, and you will subvert the foundation of your riches and your strength. Let the banners be once spread in America, and you .are an undone people. You are urging this des- perate, this destructive issue. You are urging it with such violence, and by measures tending so manifestly to that fatal point, that, but for that state of madness which only could inspire such an intention, it would appear to be your deliberate purpose. In assenting to your late bill I resisted the violence of America, at the hazard of my po- pularity there. I now resist your phrenzy, at the same risk here. You have changed your ground. You are becoming the aggressors, and offering the last of human outrages to the people of America, by subjecting them, in effect, to military execution. I know the vast superiority of your disciplined troops over the Provincials; but be- ware hsw you supply the want of discipline by despera- tion. Instead of sending them the olive branch, 50U have sent the naked sword, l.^y the olive branch I mean a re- peal of all the late laws, fruitless to you and oppressive to Uiem. Ask their aid in a constitutional manner, and they will give it to the utmost of their iibility. They never yet re- fused it when properly required. Your journals bear the recortied acknowledgments of the zeal with which they have contributed to the general necessities of the state. SPEAKER. -63 What madness is it that prompts you to attempt obtaining that by force which you may more certainly procure by requisition i They may be flattered into any thing ; but they are too much like yourselves to be driven. H^ve some indulgence for your own likeness ; respect their sturdy English virtue ; retract your odious exertions of au- thority, and remember, that the first step towards making them contribute to your wants, is to reconcile them to your government. Anszver of Colonel Barre to one of the Ministry who haa exclaimed — '' And now will these Americans^ children planted by our care^ nourished up by our indulgence^ tm» til they are groxvn to a degree of strength and opulence^ and protected by our arms^ will they grudge to contribute their mite to relieve ics from the heavy weight of that burden which we lie under ^" They planted by your care ! No, your oppressions plant- ed them in America. They fled from yoiir tyranny, to a then uncultivated and unhospitable country, where they exposed themselves 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 upon rne to say, the most formidable of any people upon the face of God's earth ; and yet, actuated by principles of true English liberty, they met all hardships with pleasure, compared with those they suffered in their own country, from the hands of those that should have been their friends. They nourished up by your indulgence ! They grew by your neglect of them. As soon as you began to care about them, that care was exercised in sending persons to rule them, in one department and another, who were, perhaps, the deputies of deputies to some members of this house, sent to spy out their liberties, to misrepre- sent their actions, and to pry upon them — men, whose be- haviour on many occasions, has caused the blood of those sons of liberty to recoil within them — men promoted to the highest seats of justice ; some who 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 arms ! They have nobly taken up 64 AMERICAN arms in your defence ; have exerted a valor, amidst their constant and laborious industry, for the defence of a coun- try, whose frontier was drenched in blood, while its inte- rior parts yielded all its little savings to your emolument. And believe me, remember I this day told you so, that same spirit of freedom, which actuated that people at first, will accompany them still — but prudence forbids me to explain myself further. God knows I do not at this time speak from motives of party heat; what I deliver are the genuine sentiments of my heart. However superior to me in gtneral knowledge and experience the respectable body of this house ma\ be, yet I claim to know more of America than most of you, having seen and been conver- sant in that country. The people, I believe, are as truly loyal as any subjects the king has ; but a people jealous of their liberties, and who will vindicate them if ever they should be violated — but the subject is too delicate — I will say no more. Extract from a Speech of Governor Poxvncl^on Lord NortK^s motion for a Repeal of the Port Duties^ 1770. " If it be asked, whether it will remove apprehensions excited by your resolutions and address of last year for bringing to trial in England persons accused of treason in America, I answer no. If it be asked, if this commercial concession would quiet the minds of Americans as to the political doubts and fears which have struck them to the heart throughout the continent, I answer no. So long as ihey are left in doubt, whether the habeas corpus act, whe- ther the bill of rights, whether the common law, as now existing m England, have any operation and effect in xVmerica, they cannot be satisfied. At this hour they know not, whether their civil constitutions be not sus- pended and superseded by the establishment of a military force. The Americans think that they have, in return to all their applications, experienced a temper and disposi- tion that is unfriendly ; — that the enjoyment and exercise of th'e common rights of freemen have been refused to them. Never, with these views will they solicit the favor of this house. Never more will they wish to bring before parliament the grievances under which they conceive SPEAKER. . 6S themselves to labor. Deeply as they feel, they suffer with a determined and alarming silence. For their liberty they are under no apprehensions. It was first planted under the auspicious genius of the constitution. It has grown up into a verdant and flourishing tree ; and should any severe strokes be aimed at the branche*, and fate reduces it to the bare stock, it would only take deeper root, and spring out again more hardy and durable than before. They trust Providence, and wait with firmness and forti- tude the issue." Lord Chathaiii's Speech on the Bill for quartering soldiers in America^ 1774. " If, my lords, we take a transient view of the mo- tives which induced the ancestors of our fellow-subjects 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 con- duct of their descendants will naturally subside. There was no corner of the globe to which they would not have fled, rather than submit to the slavish and tyrannical spirit which prevailed at that period in their native country ; and viewing them in their originally forlorn and now flou- rishing state, they may be cited as illustrious instances to instruct the world, what great exertions mankind will na- turally make, when left to the free exercise of their own powers. Notwithstanding my intention to give my heartv negative to the question nov/ before you, I condemn, my lords, in the severest manner, the turbulent and unwar- rantable conduct of the Americans in some instances, par- ticularly in the late riots at Boston ; but, my lords, the mode which h-^s been pursued to bring them back to a sense of their duty, is so diametrically opposite to everv principle of sound policy, as to excite my utmost astonish- ment. You have involved the guilty and the innocent in one common punishment, and avenge the crimes of a few lawless depredators upon the whole body of the- inhabi- tants. My lords, the different provinces of America, in the excess of their gratitude for the repeal of the Stamp Act, seemed to vie with each other in expressions of loy- alty and duty ; but the moment they perceived your inten- tion to tax them was renewed under a pretence of serving G2 6a AMERICAN the East India company, their resentment got the ascend- ant of their moderation, and hurried them into actions which iheir cooler reason would abhor. But, my lords, from the whole complexion of the late proceedings, I can- not but incline to think that administration has purposely irritated them into these violent acts, in order to gratify their own malice and revenge. What else could induce them to dress taxation, the father of American sedition, in the robes of an East India director, but to break in upon that mutual peace and harmony, which then so hap- pily subsisted between the colonies, and the mother coun- try ? My lords, it has always been my fixed and unaltera- ble opinion, and I will carry it with me to the grave, that this country had no right under heaven to tax America. It is contrary to all the principles of justice and civil po- licy : it is contrary to that essential, that unalterable right in ijature, ingrafted into the British constitution as a fun- damental law, that what a man has honestly acquired is absolutely his own, which he may freely give, but which cannot be taken from him without his consent. Pass then, my lords, instead of these harsh and severe edicts, an amnesty over their errors : by measures of lenity and affection allure them to their duty : act the part of a gene- rous and forgiving parent. A period may arrive when this parent may stand in need of every assistance she can receive from a grateful and affectionate offspring. The welfare of this country, my lords, has ever been my great- est joy, and undrr all the vicissitucies of my life has afford- ed me the most pleasing consolation. Should the all-dis- posing hand of Providence prevent me from contributing my poor and feeble aid in the day of her distress, my prayers shall be ever ^or her prosperity, * Length of clays be in her right hand, and in her left hand riches and honour. May her ways be the ways of pleasantness; and ;all ht r paths be peace !' ■ Extract from 3Ir. Burke^s Speech on American Taxation^ April I9th, 1774. Sir, — I agree with the honorable gentleman who spoke last, that this subji-ct is not new in this house. Very dis- agreeably to this house, very unfortunately to this nation, and to the peace and prosperity of this whole empire, no SPEAKER. 6^ topic has been more familiar to us. For nine long years, session after session, we have been lashed round and round this miserable circle of occasional arguments and temporary expedients. I am sure our heads must turn, and our stomachs nauseate with them. We have had them in every shape ; we have looked at them in every point of view. Invention is exhausted ; reason is fatigued ^ experience has given judgment; but obstinacy is not yet conquered. But I hear it rung continually in my ears, now and for- merlv, — *' the preamble ! what will become of the pream- ble, if you repeal this tax?" — I am sorry to be compelled so often to expose the calamities and disgraces of parlia- ment. The preamble of this law, standing as it now stands, has the lie direct given to it by the provisionary part of the act; if that can be called provisionary which makes no provision. I should be afraid to express my- self in this manner, especially in the face of such a for- midable array of ability as is now drawn up before me, composed of the ancient household troops of that side of the house, and the new recruits from this, if the matter were not clear and indisputable. Nothing but truth could give me this firmness; but plain truth and clear evidence can be beat down by no ability^ The clerk will be so good as to turn to the act, and to read this favourite preamble: Whereas it is expedient that a reveiiue should be raised in your majestifs dominions in America^ for making a more certain and adequate provision for defrafing the charge of the administration of justice, and support of civil govern- ment, in such provinces ivhere it shall be found necessary ; and toxvards further defraying the expenses of defending, protecting, and securing the said dominions. You have heard this pompous performance. Now where is the revenue which is to do all these mighty things? Five sixths repealed — abandoned — sunk — gone — lost for ever.-:-Does the poor solitary tea duty support the purposes of this preamble ? Is not the supply there stated as eifectually abandoned as if the tea duty had pe- rished in the general wreck? Here, Mr. Speaker, is a pre- cious mocker}' — a preamble without an act — taxes grant- ed in order to be repealed — and the reasons of the grant still carefully kept up ! This is raising a revenue in Ame- 68 AMERICAN rica! This is preserving dignity in England! If you re- peal this tax in compliance with the motion, I readily ad- mit that you lose this fair preamble'. Estimate your loss in it. The object of the act is gone already; and all you suffer is the purging the statute-book of the opprobrium of an empty, absurd, and false recital. *' Sir, It is not a pleasant consideration; but nothing in the world can read so awful and so instructive a lesson, as the conduct of ministry in this business, upon the mischief of not having large and liberal ideas in the management of great affairs. Never have the servants of the state look- ed at the whole of your complicated interests in one con- nected view. They have taken things, by bits and scraps, some at one time and one pretence, and some at another, just as they pressed, without any sort of regard to their relations or dependencies. They never had any kind of system, right or wrong ; but only invented occasionally some miserable tale for the day, in order meanly to sneak out of difficulties, into which they had proudly strutted. And they were put to all these shifts and devices, full of meanness and full of mischief, in order to pilfer piecemeal a repeal of an act, which they had not the generous cou- rage, when they found and felt their error, honourably and fciirly to disclaim. By such management, by the irresis- tible operation of feeble councils, so paltry a sum as three- pence in the ejes of a financier, so insignificant an article as tea in the eyes of a philosopher, have shaken the pillars of a commercial empire that circled the whole globe. Could any thing be a subject of more just alarm to Ame- rica, than to see you go out of the plain high road of finance, and give up your most certain revenues and your clearest interest, merely for the sake of insulting your co- lonies? No man ever doubted that the commodity of tea could bear an imposition of three-pence. But no commo- dity will bear three-pence, or will bear a penny, when the general feelings of men are irritated, and two millions of people are resolved not to pay. The feelings of the colo- nies were iormerly the feelings of Great Britain. Theirs were formerly the feelings of Mr. Hampden when called upon for the payment of twenty shillings. Would twenty shillings have rumed Mr. Hampden's fortune? No! but the payment of half twenty shillings, on the principle it SPEAKER. 69 was demandecl, would have made him a slave. It is the weight of that preamble, of which you are so fond, and not the weight of the duty, that the Americans are unable and unwilling to bear. They tell you, sir, that your dignity is tied to it. I know not how it happens, but this dignity of yours is a terrible incumbrance to you ; for it has of late been ever at war with your interest, your equity, and every idea of your policy. Shew the thing you contend for to be reason ; shew it to be common sense; shew it to be the means of attaining some useful end ; and then I am content to allow it what dignity you please. But what dignity is derived from the perseverance in absurdity is more than I ever could discern. If this dignity, which is to stand in the place of just policy and common sense, had been consulted, there was a time for preserving it, and for reconciling it with any concession. If, in the session of 1768, that session ot idle terror and empty menaces, you had, as you were often pressed to do, repealed these taxes ; then your strong ope- l^tions wuuld have come justified and enforced, in case your concessions had been returned by outrages. But, preposterously, you began with violence ; and before ter- rors could have any effect, either good or bad, your mini- sters immediately begged pardon, and promised that re- peal to the obstinate Americans which they had refused in an easy, good-natured, complying British parliament. The assemblies, which had been publicly and avowedly dis- solved for ihei7- contumacy, are called together to receive i/oz/r submission. Your ministerial directors blustered like tragic tyrants here; and then went mumping with a sore leg in America, canting and whir.ing, and complaining of faction, which represented them as friends to a revenue from the colonies. Sir, they who are friends to the schemes of American revenue say, that the commercial restraint is full as hard a law for America to live under. I think so loo. I think it, if uncompensated, to be a condition of as rigorous ser- vitude as men can be subject to. But America bore it from the fundamental act of navigation until 1764.— Why? because men do beai^ the inevitable constitution of their original nature with all its infirmities. I'he act of TO AMERICAN navigation attended the colonies from their infancy, grew with iheir growth, and strengthened with their strength. They were confirmed in obedience to it, even more by Usage than by law. They scarcely had remembered a time when they were not subject to such restraint. Be- sides, they were indemnified for it by a pecuniary com- pensation. Their monopohst happened to be one of the richest men in the world. By his immense capital (pri- marily employed, not for their benefit, but his own) they were enabled to proceed with their fisheries, their agricul- ture, their ship-building (and their trade too within the limits), in such a manner as got far the start of the slow languid operations of unassisted nature. This capital was a hot-bed to them. Nothing in the history of mankind is like their progress. For my part, I never cast an eye on their flourishing commerce, and their cultivated and commodious life, but they seem to me rather ancient na- tions grown to perfection through a long series of fortu- nate events, and a train of successful industry, accumulat- ing wealth in many centuries, than the colonies of yester- day ; than a set of miserable out-coats, a fc-w years ago, not so mucn sent as thrown out, on the bleak and barren shore of a desolate wilderness three thousand miles from all civilized intercourse. All this was done by England, whilst England pursued trade, and forgot revenue. You not only afcquired com- merce, but you actually created the very objects of trade in America; and by that creation you raised the trade of this kingdom at least four-fold. America had the com- pensation of your capital, which made her bear her servi- tude. She had another compensation, which you are now going to take away from her. She had, except the com- mercial restraint, every characteristic mark of a free peo- ple in all her internal concerns. She had the image of the British constitution. She had the substance. She was taxed by her own representatives. She chose most of her own magistrates. She paid them all. She had in effect the sole disposal of her own internal government. This whole state of commercial servitude and civil liberty, taken together, is certainly not perfect freedom ; but com- paring it with the ordinary circumstances of human na- ture, it was an happy and a liberal condition. SPEAKER. 71 Extract from the same speech on American Taxation^ zvith a sketch of the character of Mr, Grenmlle. Whether you were right or wrong in establishing the colonies on the principles of commercial monopoly, rather than on that of revenue, is at this day a problem of mere speculation. You cannot have both by the same authority. To join together the restraints of an universal internal and external monopoly, with an universal internal and ex- ternal taxation, is an unnatural union ; perfect uncompen- sated slavery. You have long since decided for yourself and them ; and you and they have prospered exceedingly under that decision. This nation, sir, never thought of departing from that choice until the period immediately on the close of the last war. Then a scheme of government new in many things seemed to have been adopted. I saw, or thought I saw, several symptoms of a great change, whilst I sat in your gallery, a good while before I had the honour of a seat in this house. At that period the necessity was esta- blished of keeping up no less than twenty new regiments, with twenty colonels capable of st nts in this house. This scheme was adopted with very general applause on both sides, at the very time that, by your conquests in Ameri- ca, your danger from foreign attempts in that part of the world was much lessened, or indeed rather quite over. When this huge increase of military establishment was resolved on, a revenue was to be found to support so great a burthen. Country gentlemen, the great patrons of eco- nomy, and the great resisters of a standing armed force, would not have entered wiih much alacrity into the vote for so large and so expensive an army, if they had been very sure that they were to continue to pay for it. But hopes of another kind were held out to them ; and iri par- ticular, I well remember, that Mr. Townshend, in a bril- liant harangue on this subject, did dazzle them, by playing before their eyes the image of a revenue to be raised in America. Here began to dawn the first glimmerings of this new colony system. It appeared more distinctly afterwards, when it was devolved upon a person to whom, on other accounts, this country owes very great obligations. I do rz AMERICAN believe, that he had a very serious desire to benefit the public. But with no small study of the detail, he did not seem to have his view, at least equally, carried to the total circuit of our affairs. He generally considered his objects in lights that were rather too detached. Whether the business of an American revenue was imposed upon him altogether ; whether it was entirely the result of his own speculation ; or, what is more probable, that his own ideas rather coincided with the instructions he had received ; certain it is, that, with the best intentions in the world, he first brought this fatal scheme into form, and established it by act of parliament. No man can believe, that at this time of day I mean to lean on the venerable memory of a great man, whose loss we deplore in common. Our little party-differences have been long ago composed ; and I have acted more with him, and certainly with more pleasure with him, than ever I acted against him. Undoubtedly Mr. Grenville was a first-rate figure in this country. With a masculine under- standing, and a stout and resolute heart, he had an appli- cation undissipated and unwearied. He took public busi- ness, not as a duty which he was to fulfil, but as a pleasure he was to enjoy ; and he seemed to have no delight out of this house, except in such things as some way related to the business that was to be done within it. If he was ambitious, I will say this for him, his ambition was of a noble and generous strain. It was to raise himself, not by the low pimping politics of a court, but to win his way to power, through the laborious gradations of public ser- vice ; and to secure himself a well-earned rank in parlia- ment, by a thorough knowledge of its constitution, and a perfect practice in all its business. Sir, if such a man fell into errors, it must be from de- fects Yiot intrinsical ; they must be rather sought in the particular habits of his life ; which, though they do not alter the ground-work of character, yet tinge it with their own hue. He was bred in a profession. He was bred to the law, which is, in my opinion, one of th first and no- blest of human sciences ; a science which does more to quicken and invigorate the understanding, than all the other kmds of learning put together ; but it is not apt, ex- cept in persons very happily born, to open and to libs-ralise SPEAKER. 73 the mind exactly in the same proportion. Passing from that study he did not go very largely into the world ; but plunged into business ; I mean into the business of office ; and the limited and fixed methods and forms established there. . Much knowledge is to be had undoubtedly in that line ; and there is no knowledge which is not va- luable. But it may be truly said, that men too much con- versant in office, are rarely minds of remarkable enlarge- ment. Their habits of office are apt to give them a turn to think the substance of business not to be much more im- portant than the forms in which it is conducted. These forms are adapted to ordinary occasions ; and therefore persons who are nurtured in office, do admirably well, as long as things go on in their common order ; but when the high roads are broken up, and the waters out, when a new and troubled scene is opened, and the file affords no prece- dent, then it is that a greater knowledge of mankind, and a far more extensive comprehension of things is requisite than ever office gave, or than office can ever give. Mr. Grenville thought betjer of the wisdom and power of hu- man legislation than in truth it deserves. He conceived, and many conceived along with him, that the flourishing ' trade of this country was greatly owing to law and institu- tion, and not quite so much to liberty ; for but too many are apt to believe regulation to be commerce, and taxes to be revenue. Among regulations, that which stood first in reputation v, as his idol. I mean the act of navigation. He has often professed it to be so. The policy of that act is, I readily admit, in many respects well understood. But I do say, that if the act be suffered to run th- fall length of its principle, and is not changed and nudified according to the change of times and the fluctuation of circumstances, it must do great mischief, and frequently even defeat its own purpose. After the war, and in the last years of it, the trade of America had increased far beyond the speculations of the most sanguine imaginations. It swelled out on every side. It filled all its proper channels to the brim. It overflowed with a rich redundance, and breaking its banks on the right and on the left, it spread out upon some places, where it was indeed improper, upon others where it was only irregular. It is the nature of all greatness 74^ AMERICAN not to be exact ; and great trade will always be attended with considerable abuses. The contraband will always keep pace in some measure with the fair trade. It should stand as a fundamental maxim, that no vulgar precaution ought to be employed in the cure of evils, which are close- ly connected with the cause of our prosperity. Perhaps this great person turned his eyes somewhat less than was just, towards the incredible increase of the fair trade; and looked with something of too exquisite a jealousy towards the contraband. He certainly felt a singular degree of anxiety on the subject ; and even began to act from that passion earlier than is commonly imagined. For whilst he was first lord of the admiralty, though not strictly cal- led upon in his official line, he presented a very strong memorial to the lords of the treasury (my Lord Bute was then at the head of the board) ; heavily complaining of the growth of the illicit commerce in America. Some mis- chief happened even at that time from this over-earnest zeal. Much greater happened afterwards when it operated with greater power in the highest department of the finances. The bonds of the act of navigation were straitened so much, that America was on the point of having no trade, either contraband or legitimate. They found, under the construction and execution then used, the act no longer tying but actually strangling them. All this coming with new enumerations of commodities ; with regulations which in a manner put a stop to the mutual coasting intercourse of the colonies ; with the appointment of courts of admi- ralty under various improper circumstances ; with a sud- den extinction of the paper currencies ; with a compulsory provision for the quartering of soldiers ; the people of America thought themselves proceeded against as delin- quents, or at best as people under suspicion of delinquen- cy ; and in such a manner, as they imagined, their recent services in the war did not at all merit. Any of these in- numerable regulations, perhaps, would not have alarmed alone ; some might be thought reasonable ; the multitude struck them with terror. SPEAKER. 75 Vteiu of the EarlofChathain^s last administration^ and Cha- racter of Charles Townshendy — Burke, 1774. " Tranquillity and concord, were restored by the repeal of the stamp act : but did not continue long. Another scene was opened, and other actors appeared on the stage. The state, in the condition I have described it, was de- livered into the hands of lord Chatham — a great and ce- lebrated name — a name that keeps the name of this coun- try respectable in every other country on the globe — It may be truly called *' Clarum et venerabile nomen •'Gentibus, et multum nostr?e quod proderat urbi. " The venerable age of this great man, his merited rank, his superior eloquence, his splendid qualities, his eminent services, the vast space he fills in the eye of man- kind, and, more than all the rest, his fall from power, which, like death, canonizes and sanctifies a great charac- ter, will not suffer me to censure any part of his conduct. I am afraid to flatter him ; I am sure I am not disposed to blame him. Let those who have betrayed him by their adulation, insult him with their malevolence. But whit I do not presume to censure, I may have leave to lament. For a wise man, he seemed to me at that time to be gov- erned too much by general maxims. I speak with the freedom of history, and I hope without offence — one, or two of these maxims, flowing from an opinion not the most indulgent to our unhappy species, and surely a little too general, led him into measures » hich were greatly mischievous to himself, and for that reason, among others perhaps, fatal to his country — measures, the effects of which, I am afraid, are for ever incurable. '^ He made an administration so chequered and speck- led ; he put together a piece of joinery so crossly indent- ed, and whimsically dove-tailed ; 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 ; patriots and courtiers, king's friends and republicans, whigs and turies, treacherous friends and open enemies ; that it was indeed a very curious show, but utterly unsafe to touch, and unsure to stand on. " In consequence of this arrangement, having put so much the larger part of his enemies and opposers into r6 AMERICAN power, the confusion was such that his own principles could not possibly have any effect or influence in the con- duct of affairs. If ever he fell into a fit of the gout, or if any other cause withdrew him from public cares, prin- ciples directly the contrary were sure to predominate.— "When he had executed his plan, he had not an inch of ground to stand upon. When he had accomplished his scheme of administration, he was no longer a minister. When his face was hid but for a moment, his whole sys- tem was on a wide sea, without chart or compass. The gentlemen, his political friends, who with the names of various departments of ministry, were admitted, to seem, as if they acted a part under him, with a modesty that becomes all men, and with a confidence in him which was justified even in its extravagance by his superior abilities, had never in any instance, presumed upon any opinion of their own. Deprived of his guiding influence, they were whirled about, the sport of every gust, and easily driven into any port ; and as those who joined with them in man- ning the vessel were the most directly opposite to his opi- nions, measures, and character, and far the most artful and most powerful of the set, they easily prevailed so as to seize upon the vacant, unoccupied, and derelict minds of his friends ; and instantly they turned the vessel wholly out of the course of his policy. As if it were to insult as well as to betray him, even long before the close of the first session of his administration, when every thing was publicly transacted, and with great parade, in his name, they made an act declaring it highly just and expedient to raise a revenue in America. " At the period of the Earl of Chatham's evening de- clination, I discover another luminary, rising in the op- posite quarter of the heavens, and becoming for his hour, lord of the ascendant. This light too, is passed and set forever. You understand, to be sure, that I speak of Charles Townshend, ofticially the reproducer of this fatal scheme, whom I cannot even now remember with- out some degree of sensibility. In truth he was the de- light and ornament of this house, and the charm of every private society which he honored with his presence. Per- hapsjlhere never arose in this country, nor in any country, a man of a more pointed and finiihed wit ; and (where SPEAKER. 11 his passions were not concerned) of a more refined, ex- quisite, and penetrating judgment. If he had not so great a stock, as some have had who flourished formerly, of knowledge long treasured up, he knew better by far than any man I ever was acquainted with, how to bring to- gether in a short time all that was necessary to establish, to illustrate, and to decorate that side of the question he supported. He stated his matter skilfully and powerfully. He particularly excelled in a most luminous explanation and display of his subject. His style of argument was nei- ther trite nor vulgar, nor subtle, and abstruse. He hit the House just between wind and water — And not being trou- bled v/ith too anxious a zeal for any matter in question, he was never more tedious, or more earnest, than the pre-con- ceived opinions, and present temper of his hearers required; to whom he was always in perfect unison. He conformed exactly to the temper of the House, and he seemed to guide, because he was always sure to follow it. " I beg pardon, if when I speak of this and of other great men, I appear to digress in saying something ol their characters. In this eventful history of the revolutions of America, the characters of such men arc of much import- ance. Great men are the guide posts and land-marks in the state. The credit of such men at court, or in the nation, is the sole cause of all the public measures. It would be an in- vidious thing (most foreign I trust to what you think my disposition) to remark the errors into which the autho- rity of great names has brought the nation, without doing justice at the same time to the great qualities, whence that: authority arose. The subject is instructive to those who wish to form themselves on whatever of excellence has gone before them. There are many young members in the House (such of late has been the rapid succession of public men) who never saw that prodigy Charles Townshend, nor of course know what a ferment he was able to excite in ev- ery thing by the violent ebullition of bis mixed virtues and failings ; for failings he had undoubtedly. Many of us re- member them — We are this day considering the effect of tlTem. But he had no failings which were not owing to a no- ble cause ; to an ardent, generous, perhaps an immoderata passion for fame — a passion which h the insrinct of all great H2 ra AMERICAN souls. He worshipped that goddess wheresoever she ap- peared ; but he paid his particular devotions to her in her favorite habitation, in her chosen temple, the House of Commons. Besides the characters of the individuals that compose our body, it is impossible not to observe, that this House has a collective character of its own. That character too, however imperfect, is not unamiable. Like all great public collections of men, you possess a marked love of vir- tue, and an abhorrence of vice. But, among vices, there is none which the House abhors in the same degree with ob- stinacy. Obstinacy, Sir, is certainly a great vice ; and, in the changeful state of political affairs, it is frequently the cause of great mischief. It happens however very unfortu- nately, that almost the whole line of the great and mascu- line virtues, constancy, gravity, magnanimity, fortitude, fidelity, and firmness are closely allied to this disagreeable quality of which you have so just an abhorrence ; and in their excess all these \artues very easily fall into it. Ht who paid such a punctilious attention to all your feelings cer- tainly took care not to shock them by that vice which is the most disgustful to you. That fear of displeasing those who ought most to be pleased, betrayed him sometimes into the other extreme. He had voted, and in the year 1765 had been an advocate for the stamp act. Things and the disposition of men's minds were changed. In short, the stamp act began to be no favorite in this House. He therefore attended at the private meeting, in which the resolutions moved by a right honorable gentleman, [general Conway] v/ere settled — resolutions leading to the repeal. The next day he voted for that repeal ; and he would hav^e spoken for it too, if an illness, not as was then given out, a political, but to my knowledge, a very real illness, had not prevented it. '"'"rhe very next session, as the fashion of this world passeth away, the repeal began to be in as bad an odour in this House as the stamp act had been in the session before. To conform to the temper which began to prevail, and to prevail mostly amongst those most in power, he declared very early in the win- ter, that a revenue must be had out of America. In- stantly he was tied down to his engagements by some who bad no objection to such experimente, when made at the SPEAKER. 79 cost of persons for whom they had no particular regard. The whole body of courtiers drove him onward. They al- ways talked as if the king stood in a humiliated state, until something of the kind should be done. Here this extraordinary man, then chancellor of the Exchequer, found himself in great straits. To please universally was the object of his life ; but to tax and to please, no more than to love and to be wise, is not given to men. How- ever, he attempted it. To render the tax palatable to the partisans of American revenues, he made a preamble sta- ting the necessity of such revenue. To close with the American distinction, this revenue was external^ or port duty, but again to soften it to the other party, it was a duty of supphf. To gratify the colonists^ it was laid on British manufactures ; to satisfy the merchants of B7-itain^ the duty was trivial, and (except that on tea, which touched only the devoted East India Company) on none of the grand objects of commerce. To counterwork the American contraband, the duty on tea was reduced from a shilling to three pence. But to secure the favor of those who would tax America, the scene of collection was changed, and with the rest, it was levied in the colonies. What need I say more ? This fine spun scheme hud the usual fate of all exquisite policy. But the original plan of the duties, and the mode of executing that plan, both arose singly and solely from a love of our applause. He was truly the child of the House. He never thought, did, or said any thing, but with a view to you. He every day adapted himself to your disposition ; and adjusted him- st.lf before it as at a looking glass. He had observed (in- deed it could not escape him) that several persons infinite- ly his inferiors in ail respects had formerly rendered themselves considerable in this House by one method alone. They were a race of men (I hope in God the spe- cies is extinct) who when they rose in their place, no man living could divine, from any known adherence to par- ties, to opinions, or to principles, from any order or sys- tem in their politics, or from any sequel or connection in their ideas, what part they were going to take in any de- bate. It is astonishing how much this uncertainty, espe- cially at critical times, called the attention of all parties on such men. All eyes were fixed on them; all ears open to hear them ; each party gaped and looked ahernately 80 AMERICAN for their vote almost to the end of their speeches. While the House hung in this uncertainty, now the hear-himSy rose from this side— -now they rebellowed from the other; and that party, to whom at length they fell from their tremulous and dancing balance, always received them in a tempest of applause. The fortune of such men was a temptation too great to be resisted by one, to whom a single whiff of incense, withheld, gave much greater pain, than he received delight in the clouds of it, which daily rose about him from the prodigal superstition of his in- numerable admirers. He was a candidate for contradic- tory honors ; and his great aim to make those agree in admiration of him, who never agreed in any thing else. Hence arose this unfortunate act, the subject of this day's debate, from a disposition, v/hich, after making an Ame- rican revenue to please one, repealed it to please others, and again revived it in hopes of pleasing a third, and of catching someihing in the ideas of all.'' Extract fro77i the same speech^ — Burke. Let us, Sir, embrace some system or other before we end this session. Do you mean to tax America, and to draw a productive revenue from thence ? If you do, speak out : name, fix, ascertain this revenue ; settle its quantity ; define its objects ; provide for its collection ; and then fight when you have something to fight for. If you murder — rob ; if you kill, take possession : and do rot appear in the character of madmen, as well as assas- sins, violent, vindictive, bloody, and tyrannical, without an object. But mav better counsels guide you ! Again, and again, revert to your old principles — seek peace and ensure it — ^leave America, if she has taxable matter in her, to tax herself. I am not here going into the distinctions of rights, nor attempting to mark their boundaries. I do not enter into these metaphysical dis- tinctions ; I hate the very sound of them. Leave the. Aiiiericans as they anciently stood, and these distinctions, born of our unhappy contest, will die along with it. They and we, and their and our ancestors, have been haf)py under that system. Let the memory of all actions, in con- tradiction to that good old mode, on both sides, be ex- tinguished for ever. Be content to bind America by laws of trade ; you have always done it. Let this be your SPEAKER. 81 reason for binding their trade. Do not burthen them by taxes ; you were not used to do so from the beginning. Let this be your reason for not taxing. These are the arguments of states and kingdoms. Leave the rest to the schools ; for there only they may be discussed with safety. But if, intemperately, unwisely, fatally, you sophis- ticate and poison the very source of govtrnment, by ur- ging subtle deductions, and consequences odious to those you govern, from the unlimited and illimitable nature of supreme sovereignty, you will teach them by these means to call that sovereignty itself in question. When you drive him hard, the boar will surely turn upon the hunters. If that sovereignty and their freedom cannot be reconciled, which will they take ? They will cast your sovereignty in your face. No body will be argued into slavery. Sir, let the "gentlemen on the oth^^r side call foith all their ability ; let the best of them get up, and tell m(-, what one charac- ter of liberty the Americans have, and what one brand of slavery they are free from, if they are bound in their pro- perty and industry, by all the restraints you can imagine on commerce, and at the same time are made pack-hor- ses of every tax you choose to impose, without the least share in granting them. When they bear the burthens of unlimited monopoly, will you bring them to bear the bur- thens of unlimited revenue too ? The Englishman in A- merica will feel that this is slavery — that it is /i'^^r/slave- ry, will be no compensation, either to his feelings or his understanding. On this business of America, I confess I am serious, even to sadness. I have had but one opinion concerning it since I sat, and before I sat in parliament. The noble lord (lord North) will, as usual, probably, attribute the part taken by me and my friends in this business, to a desire of getting his places. Let him enjoy this happy and original idea. If I deprived him of it, I should take away most of his wit, and all his argument. But I had rather bear the brunt of all his wit ; and indeed blows much heavier, than stand answerable to God for embra- cing a system that tends to the destruction of some of the very best and fairest of his works. But I know the map of England, as well as the noble lord or as any other person -, and I know that the vfay.I take is not the road 83 AMERICAN to preferment. My excellent and honourable friend un- der me on the floor, (Mr. Dowdeswell) has trod that road with great toil for upwards of twenty years together. He is not yet arrived at the noble lord's destination. Howe- ver, the tracks of my worthy friend are those I have ever wished to follow ; because I know they lead to honour. Long may we tread the same road together ; whoever may accompany us, or whoever may laugh at us on our journey ! I honestly and solemnly declare, I have in all seasons adhered to the system of 1766, for no other rea- son, than that I think it laid deep in your truest interests — and that, by limiting the exercise, it fixes on the firm- est foundations, a real, consistent, well-grounded authori- ty in parliament. Until you come back to that system> there will be no peace for England. Mr* Burke to the Electors of Bristol^ on his being declared didy elected^ Nov, 3^, 17/4. Gentlemen, — I rannot avoid sympathising strongly with the ft^elings of xht gentleman who has received the same honour that you have conferred on me. If he, who was bred and passed his whole life amongst you ; if he, who through the easy gradations of acquaintance, friendship, and esteem, has obtained the honour, which seems of it- self, naturally Und almost insensibly, to meet with those, who, by the even tenor of pleasing manners and social virtues, slide into the love and confidence of their fellow- citizens ; — if he cannot speak but with great emotion on this subject, surrounded as he is on all sides with his old friends ; you will have the goodness to excuse me, if my real, unaffected embarrassment prevents me from expres- sing my gratitude to you as I ought. I was brought hither under the disadvantage of being unknown, even by sight, to any of you. No previous can- vass was made for me. I was put in nomination after the poll was opened. I did not appear until it was far advanced. If, under all these accumulated disadvantages, your good opinion has carried me to this happy point of success ; you will pardon me, if I can only say to you collectively, as I said to you individually, simply and plainly, I thank you — I am obliged to you— I am not in- sensible of your kindness. SPEAKER. 83 I owe myself, in all things, to all the freemen of this city. My particular friends have a demand on me, that I should not deceive their expectations. Never was cause or man supported with more constancy, more activity, more spirit. I have been supported with a zeal indeed and heart- iness in my friends, which, (if their object had been at all proportioned to their endeavours) could never be sufficient- ly commended. They supported me upon the most liberal principles. They wished that the members for Bristol should be chosen for the city, and for their country at large, and not for themselves. So far they are not disappointed. If I possess nothing else, 1 am sure I possess the temper that is fit for your ser- vice. I know nothing of Bristol, but by the favours I have received, and the virtues I have seen exerted in it. I shall ever retain, what I now feel, the most perfect and grateful attachment to my friends — and I have no enmities; no resentment. I never can consider fidelity to engage- ments, and constancy in friendships, but with the highest approbation ; even when those noble qualities are employ- ed against my own pretensions. The gendeman, who is not fortunate as I have been in this contest, enjoys, in this res- pect, a consolation full of honour both to himself and to his friends. They have certainly left nothing undone for his service. As for the trifling petulance, which the rage of party stirs up in little minds, though it should shew itself even in this court, it has not made the slightest impression on me. The highest flight of such clamorous birds is winged in an inferior region of the air. We hear them, and we look upon them, just as you, gentlemen, when you enjoy the se- rene air on your lofty rocks, look down upon the gulls, that skim the mud of your river, when it is exhausted of its tide. 31i\ Burke to the Electors of Bristol, on the rig-ht of in* structing Representatives, I am sorry I cannot conclude, without saying a word on a topic touched upon by my worthy colleague. I wish that topic had been passed by ; at a time when I have so little leisure to discuss it. But since he has thought proper to 84 AMERICAN throw it out, I owe you a clear explanation of my poor senti- ments on that subject. He tells you, that " the topic of instructions has occasion- ed much altercation and uneasiness in this city j" and he ex- presses himself (if I understand him rightly) in favour of the coercive authority of such instructions. Certainly, gentlemen, it ought to be the happiness and glory of a representative, to live in the strictest union, the closest correspondence, and the most unreserved communi- cation with his constituents. Their wishes ought to have great weight with him; their opinion, high respect; their bu- siness unremitted attention. It is his duty to sacrifice his repose, his pleasures, his satisfactions, to theirs ; and above all, ever, and in all cases, to prefer their interest to his own. But, his unbiassed opinion, his mature judgment, his enligh- tened conscience, he ought not to sacrifice to you ; to any man, or to any set of men living. These he does not derive from yoyr pleasure ; no, nor from the law and the constitu- tion. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representative owes you, not his industry only, but his judgment ; and he betrays, instead of serving you, if he sacrifices it to your o- pinion. My worthy colleague says, his will ought to be subservi- ent to yours. If that be all, the thing is innocent. If govern- ment were a matter of will upon any side, yours, without question, ought to be superior. But government and legis- lation are mutters of reason and judgment, and not of incli- nation ; and, what sort of reason is that, in which the deter- mination precedes the discussion ; in which one set of men deliberate, and another decide ; and where those who form the conclusion are perhaps three hundred miles distant from those who hear the arguments ? To deliver an opinion, is the right of all men ; that of constituents is a weighty and respectable opinion, which a representative ought always to rejoice to hear ; and which he ought always most seriously to consider. But aiithori- tative instructions ; mandates issued, which the member is bound blindly and imphcitU' to obey, to vote, and to argue for, though contrary to the clearest conviction of his judg- ment and conscience ; these are things utterly unknown to SPEAKER. 85 the laws of this land, and which arise from a fundamen- tal mistake of the whole order and tenor of our constitu- tion. Parliament is not a congress of ambassadors from dif- ferent and hostile interests ; which interests each must maintain, as an agent and advocate, against other agents and advocates ; but parliament is a deliberative assembly of one nation, with one interest, that of the whole ; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole. You chuse a member indeed ; but when you have chosen him, he is not member of Bristol, but he is a member of parliament. If the local constituent should have an interest, or should form an hasty opinion, evidently opposite to the renl good of the rest of the com- munity, the member for that place ought to be as far, as any other, from any endeavour to give it effect. I beg pardon for saying so much on this subject. I have been unwillingly drawn into it ; but I shall ever use a respect- ful frankness of communication with you. Your faithful friend, your devoted servant, I shall be to the end of my life ; a flatterer you do not wish for. On this point of in- structions, however, I think it scarcely possible, we ever can have any sort of difference. Perhaps I may give you too much, rather than too little trouble. From the first hour I was encouraged to court your fa- vour to this happy day of obtaining it, I have never pro- mised you any thing, but humble and persevering endea- vors to do my duty. The weight of that duty, I confess, ^ makes me tremble ; and whoevcr^'Well considers what it is, of all things in the world will fly from what has the least likeness to a positive and precipitate engagement. To be a good member of parliament, is, let me tell you, no easy task ; especially at this time, when there is so strong a disposition to run into the perilous extremes of servile compliance or wild popularit)'. To unite circum- spection with vigour, is absolutely necessary ; but it is ex- tremely difHcult. We are now members for a rich com- mercial city ; this city, however, is but a part of a rich commercial 7iation^ the interests of which are various, multiform, and intricate. We are members for that great nation, which however is itself but part of a QXQ.?ii empire. 86 AMERICAN extended by our virtue and our fortune to the farthest li- mits of the east and of the west. All these wide-spread interests must be considered ; must be compared ; must be reconciled if possible. We are members for a free country ; and surely we all know, that the machine of a free constitution is no simple thing ; but as intricate and as delicate, as it is valuable. We are members in a great and ancient monarchy ; and we must preserve religiously, the true legal rights of the sovereign, which form the key- stone that binds together the noble and well-constructed arch of our empire and our constitution. A constitution made up of balanced powers must ever be a critical thing. As such I mean to touch that part of it which comes with- in my reach. I know my inability, and I wish for sup- port from every quarter. In particular I shall aim at the friendship, and shall cultivate the best correspondence, of the worthy colleague you have given me. Lord Chatham^s Speech^ wherein he moves that the troops be withdrawn from Boston — the Secretary of State hav- i7ig previously laid the Official Papers on American af- fairs on the Table of the House of Lords ^January 20thy -1775, " Too well apprised of the contents of the papers, now at last laid before the House, I shall not take up their lordships' time in tedious and fruitless investigations, but shall seize the first moment to open the door of reconcile- ment ; for every moment of delay is a moment of dan- ger. As I have not the honor of access to his Maje«ty, I will endeavor to tranlfrnit to him, through the constitu- tional channel of this House, my ideas of America, to rescue him from the mis-advice of his present ministers. America, my lords, cannot be reconciled, she ought not to be reconciled to this country, till the troops of Britain are withdrawn from the continent; they are a bar to all confidence ; they are a source of perpetual irritation ; they threnten a fatal catastrophe. How can America trust you with tile bayonet at her breast ? How can she suppose that you mean less than bondage or death ? I therefore, my lords move, that an humble address be presented to his Majesty, most humbly to advise and beseech his Ma- jesty, '''' that, in order to open the v/ay towards an happy settlement of the dangeroua iiciibles in America, it may SPEAKER. 87 graciously please his Majesty to transmit orders to gene- ral Gage for removing his Majesty's forces from the town of Boston." I know not, my lords, who advised the present measures : I know not who advises to a perseve- rance and enforcement of them ; but this I will say, that the authors of such advice ought to answer it at their ut- most peril. I wish, my lords, not to lose a day in this ur- gent, pressing crisis : an hour now lost in allaying fer- ments in iVmerica may produce years of calamity. Never will I desert, in any stage of its progress, the conduct of this momentous business. Unless fettered to my bed by the extremity of sickness, I will give it unremitting atten- tion. I will knock at the gates of this sleeping and con- founded ministry, and will, if it be possible, rouse them to a sense of their danger. The recal of your army I urge as necessarily preparatory to the restoration of your peace. By this it will appear that you are disposed to treat amicably and equitably, and, to consider, revise, and repeal, if it should be found necessary, as I affirm it will, those violent acts and declarations which have dissemina- ted confusion throughout the empire. Resistance to these acts was necessary, and therefore just : and your vain de- clarations of the omnipotence of parliament, and your im- perious doctrines of the necessity of submission, will be found equally impotent to convince or enslave America, who feels that tyranny is equally intolerable, whether it be exercised by an individual part of the Legislature, or by the collective bodies which compose it. The means of enforcing this thraldom are found to be as ridiculous and weak in practice as they are unjl!st in principle. Con- ceiving of Generiil Gage as a man of humanity and under- standing ; entertaining, as I ever must, the highest respect and affection for the British troops, I feel the most anxious sensibility for their situation, pining in inglorious inactivity. You may call them an army of safety and defence, but they are in truth an army of impotence and contempt, and to make the folly equal to the disgrace, they are an army of irritcition and vexation. Allay then the ferment pre- vailing in America by removing the obnoxious hostile cause. If you delay concession till your vain hope shall be accomplished of triumphantly dictating reconciliation, you delay for ever : the force of this country would be dispro- 88 AMERICAN portionably exerted against a brave, generous, and united people, with arms in their hands, and courage in their hearts — three millions of people, the genuine descendants of a valiant and pious ancestry, driven to those deserts by the narrow maxims of a superstitious tyranny. But is the spirit of persecution never to be appeased ? Are the brave sons of those brave forefathers to inherit their sufferings, as they have inherited their virtues ? Are they to sustain the infliction of the most oppressive and unexampled se- verity, beyond what history has related, or poetry has leignea ■* -Rhadamanlhus habetdurisslma regna. Castigalque, auditque dolos. But the Americans must not be heard j they have been condemned unheard. The indiscriminate hand of ven- geance has devoted thirty thousand British subjects of all ranks, ages, and descriptions to one common ruin. • You may, no doubt, destroy their cities ; you may cut them off from the superfluities, perhaps the conveniences of life ; but, my lords, they will still despise your power, for they Irave yet remaining their woods and their liberty. What, though you march from town to town, from province to province ; though you should be able to enforce a tempo- rary and local submission, how shall you be able to secure the obedience of the country you leave behind you, in your progress of eighteen hundred miles of continent, animated v^ith the same spirit of liberty and of resistance ? This universal opposition to your arbitrary system of tax- ation might have been foreseen ; it was obvious from the nature of things, and ffbm the nature of man, and, above all, from the confirmed habits of thinking, from the spirit of vvhiggism, flourishing in America. I'he spirit which ROW pervades America, is the same which formerly oppo- sed loar^s, benevolences, and ship money in this country — the same spirit which roused all England to action at the revolution, and which established at a remote jera your liberties on the basis of that great fundamental max- im of the constitution, that no subject of England shall be taxed but by his own consent. What shall oppose diis spirit, aided by the congenial flame glowing in the breast of every generous Briton ? To maintain this principle is the common cause of the whigs on the other side of the SPEAKER. 69 Atlantic, and on this ; it is liberty to liberty engaged. la this great cause they are immoveably allied : it is the al- liance of God and nature, immutable, eternal, fixed as the firmament of heaven. As an Englishman, I recognise to the Americans their supreme unalterable right of pro- perty. As an American, I would equally recognise to Eng- land her supreme right of regulating commerce and nav- igation. This distinction is involved in the abstract na> ture of things : property is private, individual, absolute : the touch of another annihilates it. Trade is an extended and complicated consideration . it reaches as far as ships can sail, or v^inds can blow : it is a vast and various ma- chine. To regulate the numberless movements of its se- veral parts, and to combine them in one harmonious ef- fect, for the good of the whole, requires the superintend- ing wisdom and energy of the supreme power of the em- pire. On this grind practical distinction, then, let us rest : taxation is theirs : commercial regulation is ourso As to the metaphysical refinements, attempting to shew that the Americans are equally free from legislative con- trol and commercial restraint, as from taxation for the purpose of revenue, I pronounce them futile, frivolous, groundless. When your lordships have perused the pa- pers transmitted us from America, when you consider the dignity, the finnness, and the wisdom with which the Americans have acted, you cannot but respect their cause. History, my lords, has been my favorite study ; and m the celebrated writings of antiquity have I often admired the patriotism of Greece and Kome ; but, my lords, I must declare and avow, that in the master-states of the world, I know not the people, nor the senate, who in such a com- plication of difficult circumstances, can stand in preference to the Delegates of America, assembled in General Con- gress 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 continent- al nation, must be vain, must be futile. Can such a na- tional principled union be resisted by the tricks of office or ministerial manoeuvres ? Heaping papers on your ta- ' ble, or counting your majorities on a division, will not avert or postpone the hour of danger. It must arrive, my lords, unless tiiese fatal acts are done away : it must ar» I 2 90 AMERICAN rive, in all its horrors ; and then these boastful ministers, in spite of all their confidence and all their manceuvres, shall be compelled to hide their heads. But it is not repealing this or that act of parliament ; it is not repealing a piece of parchment, that can restore America to your bosom : you must repeal her fears and resentments, and then you may hope lor her love and gratitude. But now, insulted with an armed force, irritated with an hostile array before her eyes, her concessions, if you could force them, would be suspicious, and insecure. But it is more than evident that you cannot force them to your unworthy terms of submis- sion : it is impossible : we ourselves shall be forced ulti- mately to retract : let us retract while we can, not when we must. I repeat it, my lords, we shall one day he forced to undo these violent acts of oppression : they must be re- pealed ; you will repeal them. I pledge myseif for it, that you will in the end repeal them : I stake my reputation on it : I will consent to be taken for an ideot if they are not repealed. Avoid then this humiliating, disgraceful necessity. With a dignity becoming your exalted situation, make the first advances to concord, to peace and to happi- nt ss. Concession comes with better grace and more salu- tary effect from superior power : it reconciles superiority of power with the feelings of man, and establishes solid confidence on the foundations of affection and gratitude. On ihe other hand, every danger and every hazard im- pend to deter you from perseverance in the present ruinous Hieiisures : foreign war hanging ovtr your heads by a slight and brittle thread — France and Spain watching your conduct, and waiting for the maturity of your errors, with a vigilant eye to America and the temper of your colonies more than to their own concerns, be they what they may. To conclude, my lords, if the ministers thus persevere in misadvising and misleading the King, I will not say, that they can alienate the affections of his subjects from the crown ; but I aflirm, they will make the crown not worth his wearing. I will not say that the king is betrayed, but I will pronounce, that the kingdom is undone." SPEAKER. 91 Extract from Lord CamderCs Speech on seconding Lord Chatha7n's motion* " King, Lords, and Commons, are grand and sounding names, but King, Lords, and Commons may become ty- rants as well as others. Tyranny in one or more is the same : it is as lawful to resist the tyranny of many, as of one : this has been a doctrine known and acted upon in this country for ages. When the famous Selden was ask- ed, by what statute resistance to tyranny could be justi- fied ? his reply was ; It is to he justified by the custom of England^ which is apart of the laxv of the land. I will af- firm, my lords, not only as a statesman, politician, and phi- losopher, but as a common lawyer, that you have no right to tax America. No man, agreeably to the principles of natural or civil liberty, can be divested of any part of his property without his consent : and whenever oppression begins, resistance becomes lawful and right." Extract from Mr, Burke''s speech on American affairs^ in March^ 177 S, As to the wealth which the colonies have drawn from the sea by their fisheries, you had all that matter fully opened at your uar. You surely thought those acquisi- tions of value, for they seemed even to excite your envv; and yet the spirit, by which that enterprising employment has been exercised, ought rather, in my opinion, to have raised your esteem and admiration. And pray, sir, what in the world is equal to it ? Pass by the other parts, and look at the manner in which the people of New-England have of late carried on the whale fishery. Whilst we fol- low them among the tumbling mountains of ice, and be- hold them penetrating into the deepest frozen recesses of Hudson's Bay, and Davis's Straits ; whilst we are looking for them beneath the arctic circle, \ve hear that they have pierced into the opposite region of polar cold, that they are at the antipodes, and engaged under the frozen serpent of the south. Falkland island, which seemed too remote and romantic an object for the grasp of national ambition, is but a stage and resting-place in the progress of their victorious industry. Nor is the equinoctial heat more dis- couraging to them, than the accumulated winter of both 92 AMERICAN the poles. We know that whilst some of them draw the line and strike the harpoon on the coast of Africa, others run the longitude, and pursue their gigantic game along the coast of Brazih No sea but what is vexed by their fisheries : no climate that is not witness to their toils.—- Neither the perseverance of Holland, nor the activity of France, nor the dexterous and firm sagacity of English en- terprise, ever carried this most perilous mode of hardy in- dustry to the extent to which it has been pushed by this re- cent people ; a people who are still, as it were but in the gristle, and not yet hardened into the bone of manhood. When I contemplate these things ; when I know that the colonies in general owe little or nothing to any care of ours, and that they are not squeezed into this happy form by the constraints of watchful and suspicious government^ but that through a wise and salutary neglect, a generous nature has been suffered to take her own way to perfection; when I reflect upon these effects, when I see how profita- ble they have bt en to us, I feel all the pride of power sink, and all presumption in the wisdom of human contrivances melt, and die away within me. My rigour relents. I par- don something to the spirit of liberty. Extract from Mr, Burke's speech on Conciliation with Am- erica, A revenue from America transmitted hither — do not delude yourselves — you never tan receive it — No, not a shilling. We have experience that from remote countrres, it is not to be expected. If when you attempted to ex- tract revenue from }5engal, you were obliged to return in loan what you had taken in imposition ; what can you ex- pect from North America ? for certainly, if ever there was a country qualified to produce wealth, it is India; or an institution fit for the transmission, it is the East-India Company. America has none of these aptitudes. If A- merica gives you taxable objects, on which you lay your duties here, and gives you, at the same time, a surplus by a foreign sale of her commodities to pay the duties on these ©bjects which you tr.xat home, she has performed her part to the British revenue. But with regard to her own internal establishments, she may, I doubt not she will, contribute m moderation. I say in moderation- , for she ought not to SPEAKER. 9J be permitted to exhaust herself. She ought to be reserved to a war ; the weight of which, with the enemies that we are most likely to have, must be considerable in her quar- ter of the globe. There she may serve you, and serve yoa essentially. For that service, for all service, whether of revenue, trade, or empire, my trust is in her interest in the British constitution. My hold of the colonies is in the close affec- tion which grows from common names, frum kindred blood, from similar privileges, and equal protection. These are ties, which, though light as air, are as strong as links of iron. Let the colonies always keep t^^*^ ^^^^ ^^ their civil rights associated with your government ; — they will cling nnd grapple to you ; and no force under heave^ will have power to tear them from their allegiance. But let it be once understood, that your government may be one thing, and their privileges another ; that these two things may exist without any mutual relation ; the cement is ^one ; the cohesion is loosened ; and every thing hastens to decay and dissolution. As long as you have the wis- dom to keep the sovereign authority of this country as the sanctuary of liberty, the sacred temple consecrated to our common faith, wherever the chosen race and sons of Eng- land worship freedom, they will turn their faces towards you. I'he more they multiply, the more friends you will have ; the more ardently they love liberty, the more per- fect v/ ill be their obedience. Slavery they can have any where. It is a weed that grows in every soil. They mav have it from Spain, they may have it from Prussia. But until you become lost to all feeling of } our true interest and your natural dignity, freedom they can have from none but you. This is the commodity of price, of which you have the monopoly. This is the true act of naviga- tion, which binds to you the commerce of the colonies, and through them s cures to you the v.-ealth of the work). Deny them this p«rLicipation of freedom, and you break that sole bond, which originally made, and must still pre- serve, the unity of trie empire. Do not entertain so weak an imagination, as ihat your registers and your bonds, your aiTidavits and your sufferances, your cockets and your clearances, are what form the great securities of your com- merce. D:) not dreau\ that your letters of ofllce, and vour 94 AMERICAN instructions, and your suspending clauses, are the things that hold together the great contexture of this mysterious whole. These things do not make your government. Dead instruments, passive tools as they are, it is the spirit of the English communion, that gives all their life and efficacy to them. It is the spirit of the English constitution, which, infused through the mighty mass, pervades, feeds, unites, invigorates, vivifies, every part of the empire, even down to the minutest member. Is it not the same virtue which does every thing for us here in England ? Do you imagine, then, that it is the land tax act which raises your revenue ? that it is the an- nual vote in the committee of supply, which gives you your army ? or that it is the mutiny bill which inspires it with bravery and discipline? No! Surely no! It is the love of the people ; it is their attachment to their govern- ment from the sense of the deep stake they have in such a glorious institution, which gives you your army and your navy, and infuses into both that liberal obedience, without which your army would be a base rabble, and your navy nothing but rotten timber. All this, I know well enough, will sound wild and chi- merical to the profane herd of those vulgar and mechani- cal politicians, who have no place among us ; a sort of people who think that nothing exists but what is gross and material ; and who, therefore, far from being qualified to be the directors of the great movement of empire, are not fit to turn a wheel in the machine. But to men truly initiated and rightly taught, these ruling and master prin- ciples, which in the opinion of such men as I have men- tioned, have no substantial existence, are in truth every thing, and all in all. Magnanimity in politics is not sel- dom the truest wisdom ; and a great empire and little minds go ill together. If we are conscious of our situa- tion, and glow with zeal to fill our places as becomes our station and ourselves, we ought to auspicate all our public proceedings on America, with the old warning of the church, Sursi^m core/a / We ought to elevate our minds to the greatness of that trust to which the order of Provi- dence has called us. By adverting to the dignity of this high calling, our ancestors have turned a savage wilder- ness into a glorious empire ; and have made the most ex- SPEAKER. 95 tensive, and the only honorable conquests ; not by des- troying, but by promoting, the wealth, the number, the happiness, of the human race. Let us get an American revenue as we have got an American empire. English privileges have made it all that it is ; English privileges alone will make it all it can be. In full confidence of this unalterable truth, I now (quod felix faustumque sit^J — lay the first stone of the temple of peace ; and I move you, " That the colonies and plantations of Great Britain in North America, consisting of fourteen separate govern- ments, and containing two millions and upwards of free inhabitants, have not had the liberty and privilege of elect- ing and sending any knights and burgesses, or others, to represent them in the high court of parliament." Speech of the Marquis of Granby on American affairs, I rise, to trouble the house with a few words on the bill now before it. 1 have sat, sir, during the course of two divisions, without taking any part, even so much as giv- ing a silent vote on any American question ; because, sir, as I will fairly confess to you, I entered with prejudices against the system administration was pursuing : I thought it was but justice to hear the argument that might be ur- ged on both sides, to compare those arguments, and draw my opinion from that comparison. As to the bill imme- diately the object of our consideration, I think it in every respect so arbitrary, so oppressive, and so totally founded on principles of resentment, that I am exceedingly happy at having this public opportunity of bearing my testimony against it, in the strongest manner I am able. In God's name, what language are you now holding out to Ame- rica ? Resign your property, divest yourselves of your privileges and freedom, renounce every thing that can make life comfortable, or we will destroy your commerce, we will involve your country in all the miseries of fa- mine ; and if you express the sensations of men at such harsh treatment, we will then declare you in a state of re- bellion, and put yourselves and your families to fire and sword. And yet, sir, the noble lord on the floor (lord North) has told this house that a reconciliation is the sole object of his wishes. I hope the noble lord will pardon 96 AMERICAN me, if I doubt the perfect sincerity of those wishes ; at least, sir, his actions justify my doubt ; for every circum- stance in his whole conduct, with regard to America, ha^ directly militated against his present professions ; and what, sir, must the Americans conclude ? Whilst you are ravaging their coasts and extirpating their commerce, and are withheld only by your impotence from spreading fresh ruin, by the sword, can they, sir, suppose such chastise- ment is intended to promote a reconciliation, and that you mean to restore to their forlorn country those liberties you deny to their present possession, and in the insolence of persecution, are compassing earth and seas to destroy ? You can with no more justice compel the Americans to your obedience, by the operation of the present measures, by making use of their necessities, and withholding from them that commerce on which their existence depends, than a ruffian can found an equitable claim to my posses- sions, when he forcibly enters my house, and with a dag- ger at mv throat, or a pistol at my breast, makes me seal deeds, which will convey to him my estate and property. I have a very clear, a very adequate idea of rebellion, at least according to my own principles ; and those are the principles on which the revolution was founded. It is not against whom a war is directed, but it is the justice of that war that does, or does not, constitute rebellion. If the in- nocent part of mankind must tamely relinquish their free- dom, their property, and every thing they hold dear, mere- ly to avoid the imputation of rebellion, I beg, sir, it may be considered what kind of peace and loyalty there will then exist in the world, which consists only in violence and ra- pine, and is merely to be maintained for the benefit of rob- bers and oppressors. I hope, sir, I shall be believed when I assure you that I am as warm a friend to the interests of my country as any man in this house ; but then it must be understood, when those interests are founded injustice. I am not attached to any particular acre of land. The farmer in Cumberland or Durham is as little connected with me as the peasant in America. It is not the ground a man stands on that attaches me to him ; it is not the air he breathes tb:it connects me with him ; but it is the princi- ples of that man, those independent, those generous prin- ciples of liberty which he professes, co-operating with my SPEAKER. 97 own, which call me forth as his advocate, and make me gloryfm bting considered his friend. As for myself, Sir, I am not in the least ashamed to avow that this is the source of my attachment to a noble lord, who has been, in my opinion, very unjustly reflected on in the course of this debate (I mean lord Chatham.) I am not even per- sonally acquainted wiih the noble lord ; I do not know the inconsistencies of which he stands accused : but this, S businrss of government. Tiierefore, my lords, "whatever has been done by the Americans, I must deem it the mere consequence of our unjust demands. They have come to you with fair arguments ; you have refused to hear them : they have made the moat respectful re- monstrances ; you answer them with bills of pains and pe- nalties. They know thty ought to be free ; you tell them they shall be slaves. Is it then a wonder, if they say in despair, " For the short remainder of our lives we will be free !" Is there one auiong your lordships, who, in a si- tuation similar to that which I have described, would not resolve the same ? If there could be such an one, I am sure he ought not to bt- here. " To bring the history down to the present scene — here are two armies in presence of each other ; armies of bro- thers and countrymen ; each dreading the event, yet each feeling that it is in the power of the most trifling accident, a private dispute, a drunktrn fray in any public house m Boston, in short, a nothing, to cause the sword to be drawn, and to plunge the whole country into all the hor- rors of blood, flames, and parricide l^ " In this dreadful moment, a set of men more wise and moderate than the rtst, excrt themselves to bring us all to reason. They state their claims and their grievances ; nay, if any thing can be proved by law and history, they prove ihtm. They propose oblivion ; they makt the first concession. We treat them with contempt ; we prefer poverty, blood, and servitude, to wealth, happiness, and liberty. " What weight these few observations may have, I do not know ; but the capciour your lordships have indulged me with, requires a confession on my purt which - ay still lessen that weight: I must own, I am not personally dis- interested. " Ev.r since I was of an age to. have any ambition at all, my highest has been to serve my country m a military capacity. If ihert was on earth an event I dreaded, it Was to see this country so situated, as to make that pro- fession iucoiiipatible with my duty as a citizen. SPEAKER. 99 " That period, is, in my opinion, arrived ; and I have thought myself bound to relinquish the hopes I had form- ed, by a resignation, which appeared to me the only me- thod of avoiding the guilt of enslaving my country, and er^sl:)ruing my hands in the blood of her sons. '•*' Wht n the duties of a soldier and citizen become Incon- sistent, I sball always think myself obliged to sink the character of the soldier in that of the citizen, till such time as those duties shall, by the malice of our real ene- mies, become again united. ''• It is no sm dl sacrifice which a man makes who gives up his protVssion ; but it is a much greater, when a pre- dilection, strengthened by habit, has given him so strong an att ichment to his profession as I feel. I have, however, this consolation) that by making that sacrifice, I at le ist giv> to my country an unequivocal proof of the sincerity ot my principles." Lord Chatham on an address to the king, MY Lords, I most cheerfully agree with the first para- graph of the address moved by the noble lord. I would even go and prostrate myself at the foot of the throne, were it necessary^ to testify my joy at any ev nt which may promise to add to the domestic felicity of my so- vereign ; at any thing which may seem to give a further security to the permanent enjoyment of the religious and civil rights of my fellow subjects ; but while I do this, I must at the same time express my strongest disappro- bation of the address, and the fatal measures which it ap- proves. My lords, it was customary for the king, on similar occasions, not to lead parliament, but to be gui- ded by it. It was usual, 1 say, my Ibrds, to ask the ad- vice of this house, the hereditary great council of the nation, not to dictate to it. My lords, what does this speech say ? "It tells you of measures already agreed up- on, and very cavalierly desires your concurrence. It indeed, talks of wisdom and support ; it counts on the certainty of events yet in the womb of time ; but in point of plan and design, it is peremptory and dictatorial. Is this a proper language, fit to be endured I Is this high 100 ^ AMERICAN pretention to over-rule the dispositions of Providence itscif, and the wil) and judgment of parliament, justified b} iny former conduct or precedent ? No, my lords, it is the language of an ili-founded confidence : a confidence, ni\ lords, I will be bold to say, supported hitherto only by a succession of disappointments, disgraces, and defeats. I am astonished how any minister dare advise his majes- ty to hold such a language to your lordships : I would be glad to see ihe minister that dare avow it in his place. What is the import of this extraordinary application ? Vvhat, but an unlimited confidence in those who have hi- therto misguided, deceived, and misled you? It is, I maintain, unlimited : it desires you to grant not what you may be satisfied is necessary, but what his majesty's r»ir.isters may choose to thir-k so ; troops, fleets, treaties, aiid subsidies, not yet revealed. Should your lordships agree to the present address, you will stand pledged to all this; you cannot retreat ; it binds you to the conse- quences be they what they may. My lords, whoever guve this pernicious counsel to the king ought to be made answerable to this house, and to the nation at large for the consequences : the precedent is dangerous and unconsti- tutional. Who, 1 say, has had the temerity to tell the king that his affairs are in a prosperous condition? and who, of course, is the author of those assurances which are this day given you, in order to mislead you ? My lords, v'hat is the present state of this nation ? It is big with difficulty and danger ; it is full of the most destruc- tive circumstances : I say, my lords, it is truly perilous. W'hat are thes° little islands. Great Britain and Ireland ? What is your defence ? Nothing. What is the condition of yotir formidable and inveterate enemies, the two lead- inn- branches of the house of Bourbon ? They have a for- midable navy: I say, my lords, their intentions are hos- tile : 1 knov/ it: their coasts are lined with troops, from the furthermost part of the coast of Spain up to Dunkirk. W hat have you to oppose them ? Not five thousand men in this island ; nor more in Ireland ; nor above twenty ships of the line manned and fit for service. My lords, without peace, without .-n immediate restoration of tranquillity, this nation is ruined. What has been the conduct of your How have they cndeiivoiucd to conciliate the SPEAKER. • 101 afFection and obedience of their American brethren ? They have gone to Germany ; they have sought the alliance and assistance of every pitiful, beggarly, insignificant, paltry German prince, to cut the throats of their loyal, brave and injured brethren in Americfi; they have enteredinto merce- nary treaties wkh~tliQse human butchers, for the pun base and sale of human blood. But, my lords, this is not all ; ihey have entered into other treaties ; they have let the savages of America loose upon their innocent, unoff'-nding brethren, — loose upon the weak, the aged, and defenceh-ss; on old men, women, and children ; upon the very babes up- on the breast, to be cul, mangled, sacrificed, broii-d, roasted, nay, to be literally eut alive. These, my l(;rds, are tlie allies Great Britain now has : carnage, desolation, and destruction, wherever her arms are carried, is her new- ly adoped mode of making war.^ Ourministers have made alliances at the German shambles, and with the barbarians of America ; with the merciless torturers of their species : where they will next apply, I cannot tell: having already scoured all Germany and America, to seek the assistance of cannibals and butchers. The arms of this country are disgraced, even in victory, as well as defeat. Is this con- sistent, my lords, v/ith any part of our former conduct ? Was it by means like these we arrived at that pinnacle of fame and grandeur, which, while it established our re- putation in every quarter of the globe, gave the fullest tes- timony of our justice, mercy and national integrity ? Was it by the tomahawk and scalping-knife that British valour and humanity became in a ma'nner proverbial, and the triumphs of war and. the eclat of conquest became but matters of secondary praise, when compared to those of national humanity, and national honour ? Was it by set-- ting loose the savages of America, to embrue their hands in the blood of our enemies, that the duties of the soldier^ the citizen, and the man, came to be united ? Is this ho- nourable warfare, my lords ? Does it correspond with the language of of the poet ? — "The pvlde, pomp, and circumstance of glorious v/ar^ That makes ambition virtue." * " and at his heels, Leash'd in like hounds, should Famine, Sword- and Fircj. Crouch for employment." hej^idt y, K2. 102 AMERICAN i« Lord Chatham'' s Speech^ 30th 3Iay 1777 — on moving " That an humble address be presented to his7najesty^ most hum- bly to advise his majesty to take the most speedy and effec- tual measures for putting a stop to the present unnatural ivar against the colonies^ upon the only just and solid foundation, namely the removal of accumulated grievan- " THE present motion will open the way for treaty. It will be the harbinger of peace, and will convince the Americans, thiit parliament is sincerely disposed to recon- ciliation. We have tried for unconditional submission — let us now try what can be gained by unconditional re- dress. The door of mercy has been hitherto shut against them : you have ransacked every corner of Germany for boors and ruffians to invade and ravage their country ; for to conquer it, ray lords, is impossibly — you cannot do it» I may as well pretend to drive them before me with this CRUTCH. I am experienced in spring hopes and vernal promises, but at last will come your equinoctial disappoint- ment. But were it practicable by a long continued course of success to conquer America, the holding it in subjection afterwards will be utterly impossible. No benefit can be derived from that country to this, but by the good-will and pure affection of the inhabitants : this is not to be gained by force of arms ; their affection is only to be recovered by re- conciliation and justice. If ministers are founded insaying, that no engagements are entered into by America with France, there is yet a moment left; the point of honor is still safe ; a few weeks may decide our fate as a nation^ \Vere America suffered to form a treaty with France, vv'e should not only lose the immense advantages resulting from the vast and increasing commerce of our colonies, but those advantages would be thrown into the hands of our heredita- ry enemy. America, ray lords, is now contending v/ith Great Britain under a masked battery of France, which will open as she perceives this country to be sufficiently weakened by the contest. France • S\ not lose so fair an opportunity of separating for ever America from this king- dom. This is the critical moment — for such a treaty must and will take place, should pacification be delayed ; and war betv/een England and France is not the less probable<.be= SPEAKER. lOj cause professions of amity continue to be made. It would be folly in France to declare it now, while America gives full employment to our arms, and is pouring into her lap her wealth and produce. While the trade of Great Bri- tain languishes, while her taxes increase and her revenues diminish, France is securing and drawing to herself that commerce which is the basis of your power. My motion was stated generally, that I might leave the question at large to the wisdom of your lordships. But, my lords, I will tell you fairly what I wish for — I wish for a repeal of every oppressive act passed since 1763 ; I would put Ame- rica precisely on the footing she stood at that period. If it be asked, Why should we submit to concede ? I will tell you, my lords : Because you have been the aggressors from the beginning : you ought, therefore, to make the first overture. I say again, my lords, you have been the aggressors, you have made descents upon their coasts, you have burned their towns, plundered their country, made war upon the inhabitants, confiscated th ir property, pros- cribed and imprisoned their ptrson? : — you have injured, oppressed, and endeavored to enslave them. — America is therefore entitled to redress. Let then reparation come from the hand that inflicted the injuries ; let conciliation succeed to oppression ; and I maintain, that parliament will again recover its authority ; that his m jesty will be once more enthroned in the hearts of his subj/ cts ; and that your lordships, as contributing to so great, benignant and glorious an event, will receive the pra^-ers and. bene- dictions of every part of the British empire." Farl of Chatham^ on Lord OxforcTs moUoJi to adjourn the House— 1777. IT is not wldi less grief than astonishment I hear the motion now made by the noble earl, at a time when the affairs of this country present on every side prospects full of awe, terror, and impending danger; when, I will be bold to say, events of a more alarming tendency, iittle ex- pected or foreseen, will shortly happen ; when a cloud, that may crush this niitlon, and bury it in destruction for ever, is ready to burst and overwhelm us m. ruin. At so tre- 104 AMERICAN mendous a season, it does not become your lordships, the great hereditary council of the nation, to neglect your du- ty, to retire to your country seats for six weeks, in quest of joy and merriment, while the real state of public afF^irs calls for grief, mourning, and lamentation ; at least, for the fullest exertions of your wisdom. It is your duty, my lords, as the grand hereditary council of the nation, to ad- vis-^ your sovereign, to be protectors of your country, to feel your own weight and authority. As hereditary counsellors, as members of this house, you stand between the crown and the people ; you are nearer the throne than the other branch of the legislature ; it is your duty to surround and protect, to counsel and supplicate it. You hold the ba- lance ,* your duty is to see that the weights are properly poised, that the balance remains even, that neither may encroichon the other, and that the executive power may be prevented, by an urxonstitutional exertion of even consti- tutional authority, from bringing the nation to destruction. My lords, I lear we are arrived at the very brink of that stiUe; and I am persuaded that nothing" short of a spirited interposition on your part, in giving speedy and whole- some advice to }Qiir sovereign, can prevent the people from feeling bc)ond remedy the full effects of that ruin which ministers have brought upon us. These calamitous circumstances ministers have been the cause of: and shall we, in such a state of things, when every moment teems with events productive of the most fatal narratives, shall we trust, during an adjournuient of six weeks, to those men who have brought those calamities upon us, when, per- haps, oar utter overthrow is plotting, nay ripe for execu- tion, without almost a possibility of prevention ? Ten thou- sand brave men have fallen victims to ignorance and rash- ness. The only army you have in America may, by this time, be no more. This very nation remains no longer safe than its enemies think proper to permit. I do not augur ill. Events of a most critical nature may take place before our next meeting. Will your lordships, then, in such a st:ite ui things, trust to the guidance of men who in every single step of this cruel, this wicked war, from the very beginning, have proved themselves weak, ignorant, and mistaken:' I will no_t say, my lords, nor do 1 mean any thing personal, or that they have brought premeditated SPEAKER. 10a ruin on this country. I will not suppose that they foresaw what has since happened ; but I do contend, my lords, that their want of wisdom, their incapacit> , their temerity in depending on their own judgment, or their base complian- ces with the orders and dictates of others, perhaps caused by the influence of one or two individuals, have rendered them totally unworthy of your lordships' confidence, of the confidence of parliament, ami those whose rights they are the conf^titutional guardians of, the ptople at large. A re- monstrance, my lords, should be carried to the throne. The king has been deluded by his ministers: they have been im- posed on by false information, or have, from motives best known to themselves, given apparent credit to what they have be en convinced in their hearts was untrue. The na- tion has been betrayed into the ruinous me -.sure of an Am- erican war by the arts of imposition, by th-. ir O'v n crt-du- litv, through the means of false hopes, false pride, and pro- mised advantages, oT the most romantic and improbable nature. My lords, I do not wish to call your attention en- tirely to that point. 1 would fairly appeal to your own sen- timents, whether I can be justly charged with arrogance or presumption, if I said, great and able as ministers think themselves, that all the wisdom of the nation is not confi- ned to the nr^rrow circle of their petty cabinet. I might, I think, without presumption, say, that your lordships, as one of the branches of the legislature, may be supposed as ca- pable of advising your sovereign, in the moment of difficul- ty and danger, as any lesser council, composed of a iewer number ; and who,, being already so fati\lly trusted, have betrayed a want of honesty, or a want of talents. Is it, my lords, within the utmost stretch of the most sanguine ex- pectation, that the same men who have plunged you into your present perilous and calamitous situation are the pro- per persons to rescue you from it? No, my lords, such an expectation would be preposterous and absurd. I say, .ny lords, you are now specially called upon to interpose. It is your duty to forego every call of business and pleasure, to give up your whole time to inquire into past misconduct ; to provide remedies for the present; to prevent further future evils ; to rest on your arms^ if 1 may use ,the ex- pression, to watch for the public safety ; to delend and support the throne, and if fate sliould so ordain it, to fall 106 AMERICAN with becoming fortitude, with the rest of your fellow sub- jects, in the general ruin. I fear this last must be the event of this mad, unjust, and cruel war. It is your lord- ships' duty to do every thing in your power that it shall not ; but, if it must be so, I trust your lordships and the nation will tall j^loriously. My lorda, I contend that we have not, nor can procure any f rce sufficient to subdue Americru It is monstrous to think of it. i'hcre are several noble lords present, well acquainted with military affairs. I call upon any one of them, to rise and pledge himself, that the military force now within the kingdom is adequate to its defence, or that rny possible force to be procured from Germany, Sv\ itz< r'ard, or elsewhere, will be equal to the conquest of Amtrica. I am too perfectly persuadtd of tht-ir abilities and integrity to expect any such assurance from them. — Oh ! but if Am rica is not to be co .quered, she may be treated with. — Conciliation is at length thought of ; terms are to he ( ff rtd. Who are the persons that are to treat on the part (f this afflicted and deluded country? The vtr) men who have been the authors of our misfortunes ; the very men who h ve endeavoured by the most perni- cious policy, thr hight st injustice j^nd oppression, 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 lordships entertain the most distant prospect of success from such a treaty and such negociations? No, my lords, the A-nericans have virtue, and they must detest the principles of such men ; they have understanding, and too much wisdom, to trust to the cun- ning and narrow politics which must cause such overtures on the part of their merciless persecutors. My lords, I maintain that they would sliun, with a mixture of pru- dence and detestation, any proposition coming 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 entan- gle and overthrow them in certain ruin. My lords, sup- posing that our domestic danger, if at all, is far distant j that our enemies will leave us at liberty to prosecute this SPEAKER. lor war to the utmost of our ability ; suppose your lordships should grant a fleet one day, an army another ; all these, I do affirm, will avail nothing, unless you accompany it with advice. Ministers have been in error: experience has proved it ; and what is worse, they continue it ; they told you in the beginning that 15,000 men would traverse all America, without scarcely an appearance of mterruption ; two campaigns have passed since they gave us this assu- rance. Treble that number have been employed; and one of your armies, which composed two-thirds of the force by which America was to be subdued, has been totally destroyed, and is now led captive through those provinces you call rebellious. Those men whom you called cowards, paltrons, runaways, arnd knaves, are become victorious over your veteran troops ; and, in the midst of victory, and flush of conquest, have set ministers an example of moderation and magnanimity well worthy of imitation. M\ lords, no time should be lost which may promise to improve this disposition in America ; unless by an obsti- nacy founded in madness, we wish to stifle those embers of aff'ection which, after all our sav.tgc treatment, do not seem as yet to have been entirely extinguished. While on one side we must lament the unhappy fate of that spirit- ed officer, Mr. Burgoyne, and the gallant troops under his command, who were sacrificed to the wanton temerity and ignorance of ministers, we are as strongly compelled on the ofher to admire and applaud the generous, mag- nanimous conduct, the noble friendship, brotherly afl'cc- tion, and humanity ol the victors, who condescending to impute the horrid orders of massacres and devastatiori to their true authors, supposed that, as soldiers and Eng- lishmen, th(;se cruel excesses could not have originated with the p:eneral, nor were consonant to the iirave an . hu- mane spirFt of a British soldier, if not compelled to it as an act of duty. They traced the first cause of th )se dia- bolic orders to their true source; and, by that vvise and generous interpretation, granted thi ir profrsst d destroyers terms of capitulaiioi^ which tht v could be only entitled to as the makers of lair and honourHble war. My l(»rds' I should not have presumed to trouble you, if the treajendous state of this :i 'ioM did not, in my opi- nion, make it necessary. Such as 1 have this day describ- 108 AMERICAN ed it to be, I do maintain it is. The same measures arc still persisted in ; and ministers, because your lordships have be^n deluded, deceived and misled, presume that whenever the worst comes, they will be enabled to shelter themselves behind parliament. This,' my lords, cannot be the case ; they have committed themselves and their mea- sures to the fate of war, and they must abide the issue. I tremble for this country : I am almost led to despair that we shall ever be able to extricate ourselves. At any rate, they day of retribution is at hand, when the vengeance of a much injured and afflicted people, will, I trust, fall heavi- ly on the authors of their ruin ; and I am strongly inclined to believe, that before the day to which the proposed ad- journment shall arrive, the noble earl who moved it, will have just cause to repent of his motion. Lord Chatham^s Speech^ moving^ an amendment to the ad- ' dress to the King in ansiuer to his Speech — wherein he had announced his determination " steadily to pursue hos- tilities against America,''— ■Nove?nber 20th, 1777. <' It has been usual on similar occasions of public diffi- culty ^nd distress, for the crown to make application to this L-ouse, the great hereditary council of the nation, for advice and assistance. As it is the right of parliament to give, so it is the duty ot the crown to ask it. But, on this day, and in this extreme momentous exigency, no re- liance is reposed on your counsels — no advice is asked of parliament ; but the crown from itself, and by itself, de- clares an unalterable determination to pursue its own pre- concerted measures ; and what measures, my lords ? mea- sures vv'hich have, produced hitherto nothing but disap- pointments and defeats. I cannot, my lords, I will not join in congratulation on mvofortune and disgrace. This, my lords, is a perilous and tremendous moment : it is not a time for adulation: the smoothness of flattery cannot save us in this rugged and awful crisis. It is now neces- sary to instruct th throne, in the language of Truth. We must, if possihl , aisi>.l the d lusion and darkness which envelope it ; and display, in its full danger and genuine colors the ruin which is brought to our doors. Can mini- sters still presume to expect support in their infatuation ! SPEAKER. 109 Can parliament be so dead to its dignity and duty as to give their support to ipeasures thus obtruded and forced upon them ? Measures, my lords, which have reduced this late flourishing empire to scorn and contempt. But yes- terday, " and England might have stood against the world — NOW, none so poor to do her reverence." The people whom we at first despised as rebels^ but whom we now acknowledge as enemies^ are abetted against you, sup- plied with every military store, their interests consulted, and their ambassadors entertainrd by your inveterate tne- my ; and our ministers do not, and dare not, interpos- with dignity or effect. The desperate state of our army abroad is in part known. No man more highly esteems and ho- nours the English troops than I do : I know their virtue and thtir valor : I know they c;ni achieve any thing ex- cept impossibilities ; and I know that the ( onquest of Eng- lish America is an impossibility. You cannot, my lords, you CANNOT conquer America. What is your present situation there ? We do not know the worsts but we know that in three campaigns we have done nothing, and suffer- ed much. You may swell ever> expense, and strain every effort, accumulate every assistance, and extend yoiw* traffic to the shambles of every Genncm despot ; your attempts for ever will be vain and impotent ; douMy so indeed from this mercenary aid on which you rely ; for it irritates to an incurable resentment the minds of your adversaries to overrun them with the mercenary sons of rapine and plun- der, devoting them and their possessions to thf rupacitvof hireling cruelty. If I were an American, as 1 am an Eng- lishman, while a foreign troop was landed in my country, I never would lay down my arms — never ! never ! ne- ver! But, my lords, who is the man, that in addition to the disgraces and mischiefs of Wi r, has dared to autho- rize, and associate to our c-rm . the tomahawk and scalping knife of the savage — to call into civilized alliance the wild and inhuman inhabitant of the woods f — to delegate to the merciless Indian the defence of disputed rights, and to wage the horrors of his barbarous war against our bre- thren ? My lords, these enormities cry aloud for redress and punishment. Familiarized to the horrid scenes of savage cruelty, our army can no longer boast of the noble and generous principles which dignify a soldier. No Ion- no AMERICAN ger are their feelings awake to "the pride, pomp, and cir- cumstance ©f GLORIOUS war;" — ^but the sense of honour IS degraded into a vile spirit of plunder, and the systema- tic practice ot murder. P'rom the ancient connection be- tween Great Britain and her colonies, both parties derived the most important advantage. While the shield of our protection was extended over America, she was the foun- tain of our wealth, the nerve of our strength, the basis of our power. It is not, my lords, a wild and lawless ban- ditti whom we oppose ; the resistance of America is the struggle of free and virtuous patriots. Let us then seize with eagerness the present moment of reconciliation. America has not yet finally given herself up to France ; there yet remains a possibility of escape from the fatal eftect of our delusions. In this complicated crisis of dan- ger, weakness, and calamity, terrified and insulted by the neighbouring powers, unable to act in America, or acting only to be destroyed, where is the man who will venture to flatter us with the hope of success from the perseve- rance in measures productive of these dire effects ? Who has the effrontery to attempt it ? Where is that man ? Let him if he dare, stand forward and shew his face. You cannot conciliate America by your present measures : you cannot subdue her by your present or any measures. What then can you do ? You cannot conquer, you cannot gain ; but you can address : you can lull the fears and anxieties of the moment into ignorance of the- danger that should produce them. I did hope, instead of that false and emp- ty pride, engendering high conceits and presumptuous imaginations, that ministers would have hvmibled them- selves in their errors — would have confessed and retracted them, and by an active, though a late repentance, have en- deavoured to redeem them. But, my lords, since they have ntither sagacity to foresee, nor justice nor humanity to shun those calamities — since not even bitter exp rience can make them feel, nor the imminmt ruin of their coun- try awaken them from their stupefaction, the guardian care ot parliament, must interpose. I shall then lore, ray lords, propose to you an amendment to the address to his Majesty — To recommend an immediate cessation ot hos- tilities, and the commencement of a treaty to restore peace and liberty to America, stn nuth and happiness to England, sccuritv'and uciD:Loncm prosperv^s to both couutrits. This, SPEAKER. Ill my lords, is yet in your power ; and let not the wisdom and justice of your lordships neglect the happy and per- haps the only opportunity." Lord Suffolk having in the debate justijied the employment of Indians against America., as one of the means., which God and Nature had given — Lord Chatham again rose, and delivered the folloxving eloquent reply. ,'•'• I am astonished, shocked to hear such principles confessed : to hear them avf)wed in this House or even in this country. My lords, I did nut intend to have en- croached again on your attention, but I cannot repress my indignation. I feel myself impelled to speak. My lords, we are called upon as members of this House, as men, as Christians, to protest against such horrible bar- barity — That God and Nature put into our hands ! What, ideas of (jod and Nature that noble lord may entertain, I know not; but I know that such detestable princip! -s are equally abhorrent to religion and humamitv ! What to attribute the sacred sanction of God and Nature to the massacres f the Indian scalping kuife ! — to the cannibals savage torturing, murdering, devouring, drinking the blood of his mangled victims ! Such notions shock every precept of morality, every feeling of humanity, every sen- timent of honor. These abominable principles, and this more abominable avowal of them, demand the most deci- sive indignation. I call upon that reverend, and this most learned bench to vindicate the religion of their God, to support the justice of their country. I call upon the bishops to interpose the unsullied sanctity of their lawn : upon the judges to interpose the purity of their ermine, to save us from this pollution. I call upon the honour of your lord- ships to reverence the dignity of your ancestors, and to maintain your own. I call upon the spirit and humanity of my country, to vindicate the national character, I invoke the genius of the constitution. From the tapestry that adorns these walls, the immortal ancestor of this noble lord frowns with indignation at the disgrace of his coun- try.* In vain did he defend the liberty and establish the * The tapestry of the house of Lords represents the defeat of the Spanish Armada i\\ the reis^n of Queen Elizabetli, by Admiral How- ard, an ancestor of Lord Suiiblk— the Admiral is a coiispicuous %'ire in the tapesti-y. 112 AMERICAN religion of Britain, against the tyranny of Rome, if these worse than pojMsh cru hies and inquisitorial practices are endured among us. To send forth the merciless cannibal, thirsting for blood! against whom! Your protestant bre- thren ! — t ' lay waste their country, to desolate their dwel- lings, and extirpate their race and name, bv the aid and i'istrumentality of these horr*ible hell-hounds of war! Spain can no longer boast pre-eminence in barbarity. She armed herself with blood hounds to extirpate the wretched natives of Mexico ; but we, mi>re ruthless, loose the dogs of war against our countrymen in America, endeared to us by every tie that should sanctify humanity. Mv lords, I solemnly call upon your lordsViips, and upon every order of men in the slate, to stamp upon this infamous proce- dure thfr iiidthble siigma of the public abhorrence. Mort particularly I cdl upon th-^ holy pr.'lates of our religion to do away this iniq^Jity : let them perform a lustration to purify their country from this deep and deadly sin. My lords, I am old and weak, and U present unable to say more, but my feeiings and indignation were too strong to say less. I could not have slept this night in my bed, nor reposed my head upon my pillow, without giving this vent to. my eternal abhorrence of such enormous and preposte- rous principles." Speech of JDr. Shipley^ bishop of St, Asaph^ hi support of the bill for enlarging the toleration act^ in the session of 1779. The repeal of those penal laws which have long been the disgrace of the national church, has my most cordial acquiescence ; I object only to the condition annexed to the repeal, the imposition of a confession of faith, how- ever short, and general, and true, such as I hope I shall have the virtue, if called upon, to seal with my blood. But I absolutely disclaim for myself any authority civil or sacred to impose this creed upon other men. By such imposition the present bill, which professes to repeal all former penal laws, is converted into a penal law itself: for those, who do not subscribe the declaration, still remain liable to all the old penalties. The truth contained in the declaration, viz. — '' That the scriptures are the reveak4 SPEAKER. 113 will of God, and the rule of faith and practice," was in- deed acknowledged by every Protestarit. But supposing the existence of any set of Christians who should reject our canon of scripture, who should build their faith on the basis of tradition, or on the supposed illuminations of the spirit, would you, my lords, persecute them for believing Christianity upon arguments that suit th» ir own under- standings ? Such men would undoubtedly be in error, but error in religion is the very ground and subject of tole- ration. The evils resulting from this declaration are not however confined to possibilities. Many of the most mi- nent of the dissenting ministers — men highly dtser\ ing esteem for- their science, their literature, their critical study of the Scriptures, for their excellent writings in de- fence of Christianity, as w. 11 as of the civil, and religious rights of ma;ikind — men, whom it would be no disp.^rage- ment to this Bench to acknowledge as friends and bre- thren, engaged in the same hono.rrable and arduous task of instructing the world in the ways of happiness — such men as these, m\ lords, if the clause in question be enact- ed and carried into execution, will not even be tolerated. Declaring, as they have invariably done, against all hiv- man authority in matters of religion, and holding it as : first principle of protestantism that no church has a righ'; to imposi" its own articles of faith upon others, the)^ con- ceive that an acxjuiescence in this declaration v/culd imply a recognition of that claim which they are bound, as Chris - tians, and protestants to resist. It is the duty of magis- trates, it is indeed the very end of magistracy to protec-: all men in the enjoyment of their natural rights, of vvh'ch the free exercise of their religion is one of the first and best. All history, my lords, is full of the mischiefs occa- sioned by the v/ant of toleration ; but no one has ever yet pretended to shew, that any public evils have been occa- sioned by toleration. At a meeting of the Right Reverend Bench, where I h;:d the honor to be present, it was a.sked,, whether the clause in question was ever intended to be put in execution ? It was answered, No — there v/as no such intention. I asked then, aiid I ask now. What was the use of making laws that were never to be executed ? To make useless aiid insignificant laws is not to exercise authority, but to degrade it : it is a vain, idle, and inso- JL 2 114 AMERICAN lent parade of legislation ; and yet, my lords, would to God ! the four last shameful and miserable years had been emplo) ed in making such laws as this : this wretched country might still have been safe, and perhaps once more might have been happy. But, my lords, let us for a mo- ment consider to whom this power of prescribing articles of faith IS to be confided : undoubtedly this holy deposit cannot fail to be lodged, where we have placed every thing else that is great, and good : the honor, the interest, the strength, and revenues of the nation, all are placed in tht keeping of the ministry. Perhaps, my lords, there might be mmisters to whose management none, who have thf (' ast value for their religion, would choose to confide it. One might naturally ask a minister for a good pen- sion, or a good contract, or a place at court ; but hardly any one would think* of making interest with him for a place in heaven. What I nov/ say applies only to future bad ministers, for of the present administration I most iirmly believe that they are fully as capable of defining articles of faith as of directing the councils of the state. The ruling party is always very liberal in bestowing the tide of schismatic and heretic on those who differ from them in religion, and in representing them as dangerous to the state. My lords, the contrary is the truth. Those who are uppermost and have the power, are the men who do the mischief, while the schismatics .only suffer and complain. Ask who has brought the affairs of this coun- try into the present calamitous state ? Who are the men that have plundered and depopulated Bengal ? Who are they that have- turned a whole continent, inhabited by friends and kindred, into our bitterest enemies? Yes, they who have shorn the strength, and cut off the right arm of Bita'n, v/cre all members of the established churcit^ all orthodox men. I am not afraid of those tender and scrupulous consciences who are over cautious of profess- ing or believing too much : if they are sincerely in the wrong, I forgive their errors, and respect ihcir integrity; The men I am afraid of are the men who believe every thing, who subscribe every thing, and who vote for every thing," SPEAKER. 115 Speech of Sir U'lliiam dieredith, on frequent executions, 1777. Whether hanging ever did, or can, answer any good purpose, I doubt : but the cruel exhibition of every exe- cution day, is a proof that hanging carries no terror with it. And I am confident, that every new sanguinary law operates as an encouragement to commit capital offences ; for it is not the mode, but the certainty of punishment, that creates terror. What men know they must endure, they fear ; what they think thty can escape, they despise. The multiplicity of our hanging laws has produced these two things ; frequency of condemnation, and frequent par- dons. As hope is the first and greatest spring of action, if it was so, that out of twenty convicts one only was to be pardoned, the thitf would say, " Why may I not be that one ?" But since, as our laws are actually administered, not one in twenty is executed, the thief acts on the chance of twenty to one in his favour ; he acts on a fair and rea- sonable presumption of indemnity ; and I verily believe, that the confident hope of indemnity is the cause of nine- teen in tv/enty robberies that are committed. But if we look ;o the executions themselves, what ex- ample do they give ? The thief dies either hard^ ned or penitent. We are not to consider such rt:fl>.^ctions as oc- cur to reasonable and good men, i)ut such impressions as are made on the thoughtless, the desperat.;' and thje wick- ed. These men look on the hardened villain with envy rnd admiration. All that animation and contempt of death with whicii heroes and mart\rs inspire good men in a good cause, the abandoned villain feels in seeing a devperado like himself meet death with intrepidity. The penitent thief, on the other liand, often niirkes the sober villain think in this way : himself oppress' d with poverty and want, he sees a man die with that penitence which promises pardon for his sins here, and happiness hereafter ; straight he thinks that by robbery, forgery, or murder, he can relit ve all his wants ; and if he be brought to justice, the punishment will be short and triflmg, and the reward ^.'ternaL 116 AMERICAN Even in crimes which are seldom or never pardoned, death is no prevention. House-breakers, forgers, and coiners, are sure to be hanged : yet house-breaking, for- gery, and coining, are the very crimes which are the of- tenest committed. Strange it is, that in the case of blood, of which we ought to be most tender, we should still go on, against reason and against experience, to make una- vailing slaughter of our fellow creatures. A recent event has proved that policy will do what blood cannot do. I mean the late regulation of the coinage. Thirty years together men were continually hanged for coining ; still it went on : but on the new regulation of the gold coin, ceased. This event proves these tv/o things : the efficacy of police, and the inefficacy of hanging. But, is it not very extraordinary, that since the regulation of the gold coin, an act has p^sst d, making it treason to coin silver ? But has it stopped the coining ot" silver ? O . the contrary, do you not hear of it more than ever ? It seems as if the law and the crime bore the same date. I do not know what the honorable member thinks who brought in the bill ; but perhaps some feelings may come across his own mind, when he sees how many lives he is taking away for no purpose. Had it been f irly stated, and specifically pointed out, v>'hat the mischief of coining silver in the ut- most extent, is, that hanging bill miglat not have been so readily adopted : under the name of treason it found an easy passage. I indeed have always understood treason to be nothing less than some act of conspiracy against the life or honor of the king, and the safety of the state : but what the king or state can suffer by my taking now and then a bad sixpence or a bad shiiling, I cannot imagine. By this nil kname of treason, however, there lies at this moment in Newgate, under sentence to be burnt alive, a girl just turned of fourteen ; at her master's bidding, she hid some v^hite-wabhed farthirigs behind her stays, on which the jury found her guiii), as an accomplice with her master in the treason. The master was hanged last Wednesday ; and the faggots all lay ready — no reprieve came till just as the cart was setting out, and the girl would have been burnt alive on the same day, had it not been lor the humane but casual interference of lord Wey- mouth. Good God ! sir, are we taught to execrate the SPEAKER. 117 iires of Smithfield, and are we lighting them now to burn a poor harmless child for hiding a white-washed farthing? And yet, this barbarous sentence, which ought to make men shudder at the thought of shedding blood for such trivial causes, is brought as a reason for more hanging and burning. It was recommended to me not many days ago, to bring in a bill to make it treason to coin copper, as well as gold and silver. Yet, in the formation of these sanguinary laws, humanity, religion, and policy are thrown out of the question. This one wise argument is always sufficient ; if you hang for one fiul., why not for another? If for stealing a sheep, why not a cow or a horse ? if for a shilling, why not for a handkerchief that is worth eigh- teen-pence ?— and so on. We therefore ought to oppose the increase of those new laws : the more, because every fresh one begets twenty others. When a member of parliament brings in a new hanging law, he begins with mentioning some injury that may be done to private property, for which a man is not yet liable to be hanged ; and then proposes the gallows as the speci- fic and infallible means of cure and prevention. But the bill, in progress of time, makes crimes capital, thit scarce deserve whipping. For instance, the shop-lifting act was to prevent bankers' and silver-smiths', and other shops, where there are commonly goods of great value, from be- ing robbed ; but it goes so far as to make it death to lift any thing off a counter with intent to steal. Under this act, one Mary Jones was executed, whose case I shall just mention : it was at the time when press warrants were issued on the alarm about Falkland Islands. The woman's husband was ]iressed, their goods seized tor some debts of his, and she with two small children, turn- ed into the streets a-begging. 'Tis a circumstance not to be forgotten, that she was very young, (under nineteen) and most remarkably handsoine. Sh'- went to a linen- draper's shop, took some coarse linen off the counter, and slipped it under her cloak ; the shopman saw her, and she laid it down : for diis she was hanged. Her defence was (I have the trial in my pocket) '•' th \t she had lived in credit and v/anted for nothing, till a press-gang came and stole her husband from her ; but, since then she had no bed to lie on ; nothing to give her children to eat j and 118 AMERICAN they were almost naked : and perhaps she might have done something wrong, for she hardly knew what she did." The parish officers testified the truth of this story ; but it seems there had been a good deal of shop-lifting about Ludgate ; an example was thought necessary ; and thic woman was hanged for the comfort and satisfaction of some shop-keepers in Ludgate-street. When brought to receive sentence, she behaved in such a fri-.ntic manner, as proved her mind to be in a distracted and desponding state ; and the child was sucking at her breast when she set out for Tyburn. Let us reflt^ct a little on this woman's fate. The poet says, '* an honest man's the noblest work of God." He might have said with equal truth, that a beauteous wo- man's the noblest work of God. But for whi^t cause was God's creation robbed of this its n blest work ? Ir was for no injury ; but for a mere attempt to clotht two naked children by unlawful means. Compare this with what the state did, and with what the law did. The state bereaved the woman of her husband, and the children of a father, who was all their support, the L.w deprived the woman ot her life, and the children of their remaining parent, e,xposing them to every dan- ger, insult, and merciless treatment, that destitute and helpless orphans suffer. Take all the circumstances to- gether, I do not believe that a fouler murder was ever committed against law, than the murder of this woman by law. Some who hear me, arc perhaps blaming the judges, the jury, and the hangman; but neither judge, jury, nor hangman are to blame, they are but ministerial agents; the trur hangman is the member of parliament: he who frames the bloody law is answerable for all the blood that is shed under it. But there is a farther con- sideration still. Dying as these unhappy wretches often do, who knows what their future lot may be ! Perhaps, my honorable friend who moves this bill, has not yet considered himself in the light of an executioner; no man has more humanity, no man a stronger sense of religion than himself; and I verily believe, that at this moment he wishes as little success to his hanging law, as I do. His nature must recoil at making himself the cause not only SPEAKER. 119 of shedding the blood, but perhaps destroying the soul of his ftllow creatures. But the wretches who die are not the only sufferers ; there are more and greater objects of compassion still ; — I mean the surviving relations and friends. Who knows how many innocent children we may be deeming to igno- miny and wretchedness ? Who knows how many widows' hearts we may break with grief, how many grey hairs of parents we may bring with sorrow to the grave ? The Mosaic law ordained, that for a sheep or an ox, four and five fold should be restored : and for robbing a house, double ; that is, one fold for reparation, the rest for example ; and the forfeiture was greater, as the pro- perty was more exposed. If the thief came by night, it was lawful to kill him : but if he came by day he was only to make restitution ; and if he had nothing, he was to be sold for his theft. This is all that God required in felonies, nor can I find in history any sample of such laws as ours, except a code that was framed at Athens by- Draco. He made every offence capital, upon this modern way of reasoning ; " That petty crimes deserved death, and he knew nothing worse for the greatest." His laws, it was said, were written, not with ink, but with blood ; but they were of short duration, being all repealed by Solon, except one, for murder. An attempt was made some years ago by my honor- able friend, sir Charles Bunbury, to repeal some of the most absurd and cruel of our capital laws. The bill passed this house, but was rejected by the lords, for this reason : " It was an innovation, (they said) and subversion of law." The very reverse is truth. These hanging laws are themselves innovations. No less than three and thirty of them passed during the last reign. I believe, I myself was the first person who checked the progress of them. When the great AKred came to the throne, he four.d the kingdom overrun with robbers ; but the silly expedient of hanging never came into his head : he mstituttd a police, which w IS, to m.ike every tovnship answerable for the felonies committed in it. Thus property became the guar- dian of property ; and all robbr rv was so effectually stop- ped, that (the historians tell us) ia a very short time a 120 AMERICAN man might travel through the kingdom, unarmed, with his purse in his hand. Treason, murder, rape, and burning a dwelling house, were all the crimes that were liable to be punished with death by our good old common law. And such was the tenderness, such the reluctance to shed blood, that if re- compense could possibly be made, life was not to be touch- ed. Treason being against the king, the remission of that crime was in the crown. In case of murder itself, if com- pensation could be made, the next of kin might discharge the prosecution, which, if once discharged, could never be revived. If a ravisher could make the injured woman satisfaction, the law had no power over him ; she might marry the man under the gallows, if she pleased, and take him from the jaws of death to the lips of matrimony. But so fatally are we deviated from the benignity of our ancient laws, that there is now under sentence of death an unfortunate clergyman, who made satisfaction for the in- jury attempted : the satisfaction was accepted ; and yet the acceptance of the satisfaction, and the prosecution bear the same date. There does not occur to my thoughts a proposition more abhorrent from nature, and from reason, than that in a matter of property, when restitution is made, blood should still be required. Having said so much on the general principles of our criminal laws, I have only a short word or two to add, on the two propositions now before us ; one, to hang persons that wilfully set fire to ships ; the other, to compel such offenders to work seven years on the Thames. The question arises from the alarming events of the late fires at Portsmouth and Bristol ; for which the incen- diary is put to death. But, will an act of parliament pre- vent such men as John the Painter from coming into the world, or control them when they are in it.^ You might as well brint; in a bill to prevent the appearance, or regulate the motions, of a comet. John the Painter was so far from fearing death, that he courted it; was so far from concealing his act, that he told full as much as was true, to his own conviction. When once a villain turns enthu- siast, he is above all law. Punishment is his reward, and death his glory. But, though the law will be useless SPEAKER. 121 against villains, it is dangerous, and may be fatal to many an innocent person. There is not an honest industrious carpenter or sailor, who may not be endangered in the course of his daily labour ; ihey are constantly using fire and combustible matter about shipping, tarring and pitch- ing, and caulking : accidents are continually happening ; and who knows how many of these accidents may be at- tributed to design ? Indeed, the act says, the firing must be done xviifiilly and maliciously ; but judges and juries do not always distinguish right between the fact and the in- tention. It is the province of a jury only to try the fact by the intention ; but they are too apt to judge of the in- tention by the fact. Justices of peace, however, are not famed for accurate and nice distinctions ; and all the hor- rors of an ignomin ous death would be too much to threaten every honest shipwright with, for what may happen in the necessary work ot his calling. But, as I think punishment necessarv for so heinous an offence, and, as the end of alJ punishment is example ; of the two modes of punishment, I shall prefer that which is most profitable in point of example. Allowing then the punishment of death its utmost force, it is only short and momentary ; that of labour, permanent ; and so much tx- ample is gained in him who is reserved for labour, more than in him who is put to death, as there are hours in the life of the one, beyond the short moment of the other's death. Extract from a Speech' of Mr, Burke^on Economical Reform, " At the beginning of his Majesty's reign, Lord Tal- bot came to the administration of a great department in the household. I believe no man ever entered into his Majesty's service, or into the service of any prince, with a more clear integrity, or with more zral and affection for the interest of his master ; and, I must add, with abilities for a still higher service. Economy was then announced as a maxim of the reign. This noble Lcrd, therefore, made several attempts to- wards a reform. In the year 177^, when the King's civil list debts came last to be paid, he explained very fully the M 122 ' AMERICAN success of his undertaking. He told the house of Lords, that he had attemptf d to reduce the charges of the King's tables and his kitchen. The thing, Sir, was not below him. He knew that there is nothing interesting in the concerns of men whom we love and honor, that is beneath our attention. '' Love," says one of our old poets, '' es- teems no office mean ;" and with still more spirit, " entire affection scorneth nicer hands." Frugality, Sir, is found- ed on the principle, that all riches have limits. A royal household, grown enormous even in the meanest depart- ments, may weaken and perhaps destroy all energy in the highest offices of the state. The gorging a royal kitchen may stint and famish the negotiations of a kingdom. Therefore the object was. Worthy of his, was worthy of any man's attention. In consequence of this noble Lord's resolution (as he told the other house,) he reduced several tables, and put the persons entitled to them upon board wages, much to their own satisfaction. But, unluckily, subsequent duties requiring constant attendance, it was not possible to pre- vent their being fed where they were employed ; and thus this first step towards economy doubled the expense. There was another disaster far more doleful than this. I shall state it, as the cause of that misfortune lies at the bottom of almost all our prodigality. Lord Talbot attempted to reform the kitchen ; but such, as he well observed, is the consequence of having duty done by one person, whilst another enjoys the emolument, that he found himself frustrated in all his designs. On that rock his whc4e adventure split — his whole scheme of economy was dashed to pieces ; his department became more ex- pensive than ever — the civil dtbt accumulated — Why ? It w. s M uly from a cause which, though perfectly adequate to the fleet, om would not have instantly guessed — it was because the tunispit in the King's kitchen was a member of parliament. The King's domestic servants were all un- dovu his tradesman remained unpaid and became baiik- ^xxm-^-because the tiiriispit in the King's kitchen was a member of parliament, his Majesty's slumbers were in- terrupted ; his piilcw was stuff d with thorns ; and his peace of mind entirdv broke- —because the King's turn- spit was a member of parliament. The judge* were un- SPEAKER. 123 paid, the justice of the kingdom bent and gave away ; the foreign ministers remained inactive and unprovided ; the system of Europe was dissolved ; the chain of our alliances were broken ; all the wheels of government at home and abroad were stopped — because the King-^s turnspit zvas a member of parliament. Such, Sir, was the situation of aif .irs, and su :h thi cause of that situation, when his Ma- jesty came a second time to Parliament, to desire the pay- ment of those debts which the employment of its members in various offices visible and invisible had occasioned. I believe that a like fate will attend every attempt at eco- nomy by detail under similar circumstances, and in every department. To avoid frittering and crumbling down the attention by a blind unsystr^matic observance of every trifle, it has ever been found to be the best way to do all things which are great in the total amount, and minute in the compo- nent parts, by a general contract. No dealing is exempt from the possibility of fraud. But by a contract on a matter certain, you have this advantage, you are sure to know the utmost extent of the fraud to which you itte subject. By a contract with a person in his own trade you are sure you shall not suffer by want of skilL — but what skill can members of Parliament obtain in that low kind of province ? What pleasure can they have in the execution of that kind of duty? And if they should ne- glect it, how does it affect their interest, when we know that it is their vote in Parliament, and not their diligence in cookery or catering, that recomnricnds them to their of- fice, or keeps them in it? The same clue of principle leads us through the laby- rinth of the other departments. What, Sir, is there in the office of the great wardrobe that may not be executed by the lord chamberlain himself? He has an honorable appointment ; he has time sufficient to attend to the duty; and he has the vice-chamberlain to assist him. Why should he not deal also by contract for all things belong- ing to this office, and carry his estimates first and the re- port of the execution in its proper time for payment di- rectly to the board of treasury itself? By a single opera- tion, the expenses of a department, which for naked walls, 124 AMERICAN or walls hung with cobwebs, has in a few years cost the crown 150,0(X)/. may at It-ngth hope for regulation ? To what end. Sir, does die office of removing the ward- robe serve at all i Why should a jewel office exist, for the soit purpose of taxing the King's gifts of plate ? Its object falls naturally wuhin the cha}7iberlain'*s province^ and ought to be under his care and inspection without any fee. The board of -works^ which, in the seven years preced- ing 1777, has cost towards 400,000/. and has not cost less in proportion from the bf:ginning of the reign, is under the vrry same description of all the other ill-contrived es- tablishments. For all this expense we do not see a building o\ i\v:, size and importance of a pigeon-house. The good works of that board of works are as carefully concealed as other good works ought to be. They are perfectly invi- sible : but though it is the perfection of charity to be con- cealed, it is. Sir, the property and glory of magnificence to appear and stand forward to the eye. That board, which ought to be a concern of builders and such like, and of none else, is turned into a junto of w ambers of Parliament. That office too has a treasury and a paymaster of its own ; and lest the arduous affairs of that unimportant exchequer should be too fatiguing, that paymaster has a deputy to partake his profits, and re- lieve his cares. I therefore, propose to pull down this whole ill-contrived scaffolding which obstructs rather than forw. rds our public works, — to take away its treasury, — to put the whole into the hands of a real builder, who shall not be a member of Parliament — and to oblige hmi by a previous estimate and final payment to appear twice at the treasury, before the public can be loaded." Extract from Mr. Burkes Speech to the Electors of Bris- tol^ hi 1780, in justification of his conduct as their Re- presentative^ against certain objections made to it — one ofzvhich zvas, that 07i the qiiestion'of the Irish Trade Jie had acted more as a native of Ireland^ than as an English Mem ber of Par Ham en t. " I was an Irishman in the Irish business, just as much as I was an American, when, on the same principles, I SPEAKER. 125 wished you to concede to America, at a time when she prayed concession at our feet. Just as much was I an American, when I wished parli im nt to offer terms in victory, and not to wait the hour of defeat, for milking good, by weakness and by supp^c^j-ion, a claim of prero- gative, pre-eminence, and authority. " Instead of requiring it from me as a point of duty, to kindle with your passions, had you all been as cool as I was, you would have saved disgraces and distresses that are unutterable. Do you remember our commission ? We s-nt out a solemn embassy, across the Atlantic ocean, to lay the crown, the peerage, the commons of Great Bri- tain, at the feet of the American congress. That our dis- grace might want no sort of brightening and burnishing ; observe who they were that cou-posed this famous em- *bassy. My Lord Carlisle is among the first ranks of our nobllit}'. He is the identical man who but two years before had been put forward, at the opening of a session in the House of Lords, as the mover of a haughty and rigorous address against America, He was put in the front of the embassy of submission. Mr. Eden was taken from the office of Lord Suffolk, to whom he was then nnder-secretary of state ; from the office of that Lorcf Suffolk, who but a few weeks before, in his place in par- liament, did not deign to inquire where a congress ot vagrants was to be found. This Lord Suffolk sent Mr. Eden to find these vagrants^ without knowing where the Ki'ig's generals were to be found, who were joined in the same conmission of supplicating those' whom they were sent to subdue. They enter the capital of America only to abandon it; and these assertors and representatives ol the dignitv of England, at the tail of a flying army, let fly their Parthian shafts of memorials and remonstrances at random behind them. Their promises and their offers, their flatteries aud their menaces were all despised ; and we were saved the disgrace of their formal reception, only because the congress scorned to receive them ; w^iiilst the state-house of independent Philadelphia opened her doors to the public entry of the ambassador of France* From war and blood we went to submission ; and from submis- sion plunged back again to war and blood ; to desolate ami be desolated, without measure, hope, or end. 1 am- i*. M 2 126 AMERICAxNj Royalist— 1 blushed for this degradation of the crown. I am a Whig — I blushed for the dishonor of parliament. I air. a true Enghshman — I felt to the quick for the dis- gryce of England. I am a Man — I felt for the melan- choly reverse of human affairs, in the fall of the first power in the world. ** To read whHt was approaching in Ireland, in the black and bloody characters of the American war, was a painful, but it was a necessary part of my public duty. For, gentlemen, it is not your fond desires, nor mine, that can alter the nature of things ; by contending aQ;ainst Hvhich, whit have we got, or evt; shall get, but defeat and shame ? I did not obey your instructions — No. I con- formed to the instructions of truth and nature, and main- tained your interest, against your opinions, with a con-, stancy that became me. A representative worthy of you ought to be a person of stability. I am to look, indeed, to your opinions ; but to such opinions as you and I must have five years hence. I was not to look to the flash of the day. I knew that your chose me, in my place, along with others, to be a pillar of the state, and not a weather- cock on the top of the edifice, exalted for my levity and versatility, and of no use but to indicate the shiftings of every fashionable gale. Would to God, the value of my sentiments on Ireland and on America had been at this day subject of doubt and discussion ! No matter v/,hat my suff.rn-gs had been, so that this kingdom had kept the au- thority I wished it to maintain, by a great foresight, and by an equitable temperance in the use of its powers." Extract from the same, in ayiswer to a charge made against him, of having forsaken the interest ofCom?nerce by sup- vorting a Bill brought into Parliament btj Lord Beau- diamp, to relieve Insolvent Debtors. '•'• Genfiemen, I never relished acts of grace, nor ever submitted to them but from despair of better* They are a dishonorable invention, by which, not from humanity, aot from policy ; but merely because we have not room iiooiigh to hold these victims of the absurdity of our laws, v'^ *'irn locv^ uDon the public three or four thousand. SPEAKER. 127 naked wretches, corrupted by the habits, debased by the Ignominy of a prison. If the creditor had a right to those carcasses as a natural security for his property, I am sure we have no right to deprive him of that security. But if a few pounds of flesh were not necessary to his secu- rity, we had not a right to detain the unfortunate debtor, without any benefit at all to the person who confined him. Take it as you will, we commit injustice. Now Lord Beauchamp's bill intended to do deliberately, and with great caution and circumspection, upon each several case, and with all attention tc the just claimant, what acts of grace do in a much greater measure, and with very little care, caution, and deliberation. " I suspect that here too, if we contrive to oppose this bill, we shall be found in a struggle r.gainst the nature of things. For as we grow enlightened, the public will not bear, for any length of time, to pay for the maintenance of whole armies of prisoners, nor, at their own expense, r-ubmit to ket- p jails as a sort of garrisons, merely to for- tify their absurd prmciple of making men judges in their own cause. For credit has little or no concern in this cruelty. I speak in a commercial assembly. You know that credit is given, because a capital rnust be employed j that men calculate the chances of insolvency ; and they either withhold the credit, or make the debtor pay the risk in the price. The counting-house has no alliance with the jail. Holland understands trade as well as we ; and she has done more than this obnoxious bill intended to do. There was not, when Mr. Howard visited Hol- land, more than one prisoner for debt in the great city of Rotterdam. Although Lord Beauchamp's act (which was previous to this bill, and intended to feel the way for it) has already preserved liberty to thousands ; and though it is not three years since the last act of grace passed, yet, by Mr. Hqward^s last account, there were near three- thousand again in jail. I cannot name this gentleman without remarking, that his labors and writings have done miich to open the eyes and hearts of mankind. He has visited all Europe , — not to survey the su.nptuousness of palaces, or the staieJiness of templrs; not to make accu- rate measurements of the remains of ancient grandeur^ nor to form a scale of the curiosity of modern art ; not 128 AMERICAN to collect medals, or to collate manuscripts ;-— but to dive into the depths of dungeons ; to plunge into the infection of hospitals ; to survey the mansions of sorrow and pain ; to take the gage and dimensions of misery, depression, and contempt ; to remember the forgotten, to attend to the neglected, to visit the forsaken, and to compare and collate the distresses of all men in all countries. His plan is original ; and it is as full of genius as it is of hu- manity. It was a voyage of discovery ; a circumnaviga- tion of charity. Already the benefit of his labor is felt more or less in every country : I hope he will anticipate his final reward, by seeing all its effects fully realised in his own. He will receive, not by retail, but in gross, the reward of those who visit the prisoner ; and he has so forestalled and monopolized this branch of charity, that there will be, I trust, little room to merit by such acts of benevolence hereafter." Extract fr 0771 the same^ in cm.^xver to a charge brought against him of being unfriendly to the Protestant Reli- gion^ he having voted for the repeal of parts of a penal ■ statute against Catholics. " A statute was fabricated in the year 1699, by which the saying mass (a church service in the Latin tongue, not exactly the same as our liturgy, but very near it, and containing no o§ence whatever against the laws, or against good morals) was forged into a crime punishable with perpetual imprisonment. The teaching school, an useful and virtuous occupation, even the teaching in a private family, was in evt-ry Catholic subjected to the same unprcportionecl punishment. Your industry, and the bread of your children, was taxed for a pecuniary re- ward to stimulate avarice to do what nature refused, to inform and prosecute on this law. Every Roman Catho- lic was, under the same act, to forfeit his estate to his nearest Protestant relation, until, through a profession of what he did not beiieve, he redeemed by his hypocrisy, what the law had transferred to the kinsman as the re- compense of his profligacy. When thus turned out of doors from his paternal estate, he was disabled from ac- SPEAKER. 129 quiring any other by any industry, donation, or chanty ; but was rendered a foreigner in his native land, only be- cause he retained the religion, along with the property, handed down to him from those who had been the old in- habitants of that land before him. *' Does any one, who hears me, approve this scheme of things, or think there is common justice, common sense, or common honesty in any part of it ? If any does, let him say it, and I am ready to discuss the point' with temper and candor. But instead of approving, I perceive a vir- tuous indignation beginning to rise in your minds on the mere cold stating of the statute. " The eflects of the act have been as mischievous, as its origin was ludicrous and shameful. From that time every person of that communion, lay and ecclesiastic, has been obliged to fly from the face of day. The clergy, concealed in garrets of private houses, or obliged to take a shelter, (hardly safe to themselves, but infinitely dan- gerous to their country,) under the privileges of foreign ministers, officiated as their servants, and und' r their protection. The whole body of the Catholics, condemn- ed to beggary and ignorance in their native land, have been obliged to learn the principles of letters, at the ha-, zard of all their other principles, from the charity of your enemies. They have been taxed to their ruin at the plea- sure of necessitous and profligate relations, and according to the measures of their necessity and profligacy. Exam- ples of this are many and affecting. Some of them are known by a friend who stands near me in this hall. It is but six or seven years since a clergyman by the name of Malony, a man of morals, neither guilty nor accused of any thing noxious to the state, was condemned to perpe- tual imprisonment for exercising the functions of his reli- gion ; and after lying in jail for two or three years, was relieved by the mercy of government from perpetual im- prisonment, on condition of p rpetual banishment, A bro- ther of the Earl of Shrewsbury, a Talbot, a name re- spectable in this countr)-, whilst its glory is any part of its concern, was hauled to the bar of the Old Bailey, among common felons, and only escaped the same doom, either by some error in the process, or that the wretch who brought him there could not correctly describe his per- 130 AMERICAN son ; I now forget which. In short, the persecution would never have relented for a moment, if the judges superseding (though with an ambiguous example) the strict rule of their official duty, by the higher obligations of their con" sciences, did not constantly throw off everv difficulty in the way of such informers. But so ineffectual is the power of legal evasion against legal inquiry, that it was but the other day, that a lady of condition, beyond the middle of life, was on the point of being stripped of her whole fortune by a near relation, to whom she had been a friend and benefactor; and she must have been totally ruined, without a power of redress or mitigation from the courts of law, had not the legislature itself rushed in, and by a special act of parliai^.jent rescued her from the injus- tice r,f its own statutes. One of tht- acts authorizing such things was that which we in part rep. aUd, knowmg what our duty was, and doing that duty as men of honor and virtue, as good Protrstants, and as good citizens. Let him stand forth that disapproves what we have done. " Gentlemen, bad laws arc the worst sort of tyranny. In such a country as this they are of all bad things the worst, worst by far than any where else ; and they derive a particular malignity even from the wisdom and sound- ness of the rest of our institutions. For very obvious reasons you cannot trust the crown with a dispensing power over any of your laws. However, a government, be it as bad as it may, will, in the exercise of a discre- tionary power, discriminate times and persons ; and will not ordinarily pursue any man, when his own safety is not concerned. A mercenary informer knows no distinction. Under such a system, the obnoxious people are slaves, not only to the government, but they live at the mercy of every individual ; they are at once the slaves of the whole com- munity and of every part of it ; and the worst and most unmerciful men are those on whose goodness they most depend. '* In this situation men not only shrink from the frowns of a stern magistrate ; but they are obliged to fly from their very species. The seeds of destruction are sown in civil intercourse, in social habitudes. The blood of whole- some kindred is infected. Their tables and beds are sur- rounded with snares. All the means given by Providence SPEAKER. 131 to make life safe and comfortable, are perverted into in- struments of terror and torment. This species of univer- sal subserviency, that makes the very servant, who waits behind your chair, the arbiter of your life and fortune, has such a tendency to degrade and abase mankind, and to deprive them of that assured and liberal state of mind, which alone can make us what we ought to be, that I vow to God I would sooner bring myself to put a man to im- mediate death for opinions I disliked, and so to get rid of the man and his opinions at once, than to fret him with a feverish being, tainted with, the jail-distemper of a conta- gious servitude, to keep him above ground an animated mass of putrefaction, corrupted himself, and corrupting all about him," Extract from the same. " I must fairly tell you, that so far as my principles are concerned, (principles, that I hope will only depart with my last breath,) that I have no idea of a liberty uncon- nected with honesty and justice. Nor do I believe, that any good constitutions of government or of freedom, can find it necessary for their security to doom any part of the people to a permanent slavery. Such a constitution of freedom, if such can be, is in effect no more than another name for the tyranny of the strongest faction ; and fac- tions in republics have been, and are, full as capable as monarchs, of the most cruel oppression and injustice. It is but too true, that the love and even the very idea of genuine liberty is extremely rare. It is but too true, that there are many, whose whole scheme of freedom is made up of pride, perverseness, and insolence. They feel them- selves in a state of thraldom, they imagine that their souls are cooped and cabbined in, unless th y have some man, or som body of men, dependent on their mercy. This desire of huving some one below them, descends to those who are the very lowest of all; and a protestant cobler, debased by his poverty, but exalted by his share of the ruling chuich, feels a pride in knowing it is by his gene- rosity alone, that the peer, whose footman's instep he measures, is able to keep his chaplam from a jail. This 13? AMERICAN disposition is the true source of the passion, which many men, in very humble life, have taken to the American war. Our subjects in America ; our colonies j our dependants. This lust of party-power is the liberty they hunger and thirst for ; and this Syren song of ambition has charmed ears, that one would have thought were never organised to that sort of music. This way oi proscribing the citizens by denominations and general descriptions^ dignifit-d by the name of reason of state, and security for constitutions and commonwealths, is nothing better at bottom than the miserable invention of an ungenerous ambition, which would fain hold the sacred trust of power, without any of the virtues, or any of the energies, that give a title to it ; a receipt of policy made up of a detestable compound of malice, cowardice, and sloth. They would govern men against their will ; but in that government they would be discharged from the exercise of vigilance, providence, and fortitude ; and therefore, that they may sleep on their watch, they consent to take some one division of the so- ciety into partnership of the tyranny over the rest. But let government, in what form it may be, comprehend the whole in its justice, and restrain the "suspicious by its vigi- lance ; let it keep watch and ward ; let it discover by its sagacity, and punish by its firmness, all delinquency against its power, whenever delinquency exists in the overt acts ; and then it will be as safe as God and nature ever intend- ed it should be. Crimes are the acts of individuals, and not of denominiitions ; and therefore arbitrarily to class men under general descriptions, in order to prescribe and punish them in the lump for a presumed delinquency, of which perhaps but a part, perhaps none at all, are guilty, is indeed a compendious method, and saves a world of trouble about proof; but such a method, instead ot being law, is an act of unnatural rebellion against the legal do- minion of reason and justice ; and this vice, in any con- stitution that entertains it at one time or other will cer- tainly bring on its ruin. " We are told that this is not a religious persecution : and its abettors are loud in disclaiming all severities on account of consrit^nce. Very fine indeed! then let it be so; they are not persecutors ; they are only tyrants. With all my heart. 1 am perfectly indifferent concerning the SPEAKER. 133 pretexts upon which we torment one another ; or whether it be for the constitution of the church of England, or for the constitution of the state of England, the people choose to make their fellow-creatures wretched. When we were sent into a place of authority, you that sent us had your- selves but one commission to give. You could give us none to wrong or oppress, or even to suffer any kind of oppression or wrong, on any grounds whatsoever ; not on political, as in the affairs of America ; not on commer- cial as in those of Ireland ; not in civil, as in the laws for debt ; not in religious, as in the statutes against Protestant or Catholic dissenters. The diversified but connected fa- bric of universal justice is well cramped and bolted to- gether in all its parts ; and depend upon it, I never have employed, and I never shall employ, any engine of power which may come into my hands, to wrench it asunder. All shall stand, if I can help it, and all shall stand connected. After all, to complete this work, much remains to be done ; much in the East, much in the West. But great as the work is, if our will be ready, our powers are not deficient. '' 4^ince you have suffered me to trouble you so much on this subject, permit me gentlemen, to detain you a lit- tle longer. 1 am indeed most solicitous to give you per- fect satisfaction. I find there are some of a better and softer nature than the persons with whom I have supposed myself in debate, who neither think ill of the act of relief, nor by any means to desire the repeal, yet who, not ac- cusing but lamenting what was done, on account of the consequences, have frequently expressed their wish that the late act had never been made. Some of this descrip- tion, and persons of worth, I have met with in this city. They conceive, that the prejudices, whatever they might be, of a large part of the people, ought not to have been shocked ; that their opinions ought to have been previous- ly taken, and much attended to ; and that thereby the late horrid scenes might have been prevented. " I confess, my notions are widely different ; and I never was less sorry for any action of my life. I like the biH the better, on account of the events of all kinds that followed it. It relieved the real sufferers; it strengthened the state, and, by the disorders that ensued, we had clear N 134 AMERICAN evidence that therfi lurked a temper somewhere, which ought not to be fostered by the laws. No ill consequences whatever could be attributed to the act itself. We knew beforehand, or we were poorly instructed, that toleration IS odious to the intolerant; freedom to oppressors ; pro- perty to robbers ; and all kinds and degrees of prosperity to the envious. We knew, that all these kinds of men would gladly gratify their evil disposition under the sanc- tion of law and religion, if they could : if they could not, yet, to make way to their objects, they would do their utmost to subvert all religion and all law. This we cer- tainly knew. But knowing this, is there any reason, be- cause thieves break in and steal, and thus bring detriment to you, and draw ruin on themselves, that I am to be sor- ry that you are in possession of shops, and of warehouses, and of wholesome laws to protect them ? Are you to build no houses, because desperate men may pull them down upon their own heads ? Or, if a malignant wretch will cut his own throat, because he sees you give alms to the ne- cessitous and deserving ; shall his destruction be attribut- ed to your charity, and not to his own deplorable mad- ness ? If we repent of our good actions, what, I praj^^ou, is left for our faults and follies ? It is not the beneficence of the laws, it is the unnatural temper which beneffcence can fret and sour, that is to be lamented. It is this tem- per, which, by all rational means, ought to be sweetened and corrected. If froward men should refuse this cure, can they vitiate any thing but themselves ? Does evil so re-act upon good, as not only to retard its motipn, but to change its nature ? If it can so operate, then good men will always be in the power of the bad ; and virtue, by a dreadful reverse of o:der, must lie under perpetual sub- jection and bondage to vice. " As to the opinion of the people, which some think, in such cases, is to be implicitly obeyed ; near two years tranquillity, which followed the act, and its instant imita- tion in Ireland, proved abundantly, that the late horrible spirit was, in a great measure, the act of insidious art, and perverse industry, and gross misrepresentation. But suppose that the dislike had been much more deliberate, and muce more general than I am persuaded it was — WheA we know that the opinions of even the greatest SPEAKER. 135 multitudes are the standard of rectitude, I shall think my- self obliged to make those opinions the masters of my con- science. But if it be doubted whether Omnipotence it- self is competent to alter the essential constitution of right and wrong, sure I am, that such thingSy as they and I, are possessed of no such power. No man carries idv-* ther than I do the policy of making government pleasing to the people. But the widest range of this politic com- plaisance is confined within the limits of justice. I would not only consult the interests of the people, but I would cheerfully gratify their humours. We are all a sort of child- ren that must be soothed and managed. I think I am not austere or formal in my nature. I would bear, I would even myself play my part in, any innocent buffooneries, to divert them. But I never will act the tyrant for their amusement. If they will mix malice in their sports, I shall never consent to throw them any living, sentient, creature whatsoever, no, not so much as a kitling to torment. " But, if I profess all this impolitic stubbornness, " I may chance never to be elected into parliament." It is certainly not pleasing to be put out of the public ser- vice. But I wish to be a member of parliament, to have my share of doing good and resisting evil. It would therefore be absurd to renounce my objects, in order to obtain my seat. I deceive myself indeed most grossly, if I had not much rather pass the remainder of my life, hidden in the recesses of the deepest obscurity, feeding my mind even with the visions and imaginations of such things, than to be placed on the most splendid throne of the universe, tantalized with a denial of the practice of all which can make the greatest situation any other than the greatest curse. Gentlemen, I have had my day. I cau never sufficiently express my gratitude to you for having set me in a place, wherein I could lend the slightest help to great and laudable designs. If I have had my share in any measure in giving quiet to private property, and private conscience ; if by my vote I have aided in securing to fami- lies the best possession, peace ; if I have joined in recon- ciling kings to their subjects, and subjects to their prince; if I have assisted to loosen the foreign holdings of the citi- zen, and taught him to look for his protection to the laws of 136 AMERICAN his country, and for his comfort to the good will of his countrymen : if I have thus taken my part with the best of men in the best of their actions, I can shut the book — I might wish to read a page or two more — but this is e- nough for my measure — I have not lived in vain. «' And now, gentlemen, on this serious day, when I come, as it were, to make up my account with you, let me take to myself some degree of honest pride on the nature of the charges that are against me. I do not here stand before you accused of venality, or neglect of duty. It is not said, that, in the long period of my service, I have, in a single instance, sacrificed the slightest of your inter- ests to my ambition, or to my fortune. It is not alleged, that to gratify any anger, or revenge of my own, or of my party, I have had a share in wronging or oppress- ing any description of men, or any one man in any des- cription. No ! the charges against me are all of one kind, that I have pushed the principles of general justice and benevolence too far j further than a cautious policy would warrant ; and further than the opinions of many would go along with me. — In every accident which may happen through life, in pain, in sorrow, in depression, and distress — I will call to mind this accusation, and be comforted." Mr. Pitfs Speech ifi 1781, on Mr. Burke^s motion for an Econo7nical Reform, [This is Mr. Pitt's first Speech in Parliament.] Mr. Pitt said, that he gave the most hearty consent to what had fallen from his honorable friend on the other side of the house — that a proposition for the retrenchment of the civil list revenue oughtto have come from his Majesty's ministers. He gave his entire approbation to this sen- timent. It would have come with more grace ; it would have come with more benefit to the public service, if it had sprung from the royal breast. His Majesty's minis- ters ought to have come forward and proposed a reduction in the civil list, to give the people the consolation of knowing that their Sovereign participated in the suffermgs of the empire, and presented an honourable example of SPEAKER, ' isr retrenchment in an hour of general difficulty. They ought to have consulted the glory of their royal masterj, and have seated him in the hearts of the people, by aba- ting from magnificence what was due to necessity. In- stead of waiting for the slow request of a burthcned peo- ple, they should have courted popularity by a voluntary surrender of useless revenue. Far more agreeable would it have been to that house, to accede than to propose : much more gracious to have observed the free exercise of royal bounty than to make thp appeal, and point out what was right, what was necessar}^ But if ministers failed to do this ; if ihey interfered between the benignity of the sovereign and the distresses of his people, and stopped the tide of royal sympathy, was that a reason why the house of commons, his Majest^'^s public counsellors, should desist from a measure so congenial to the paternal feelings of the sovereign, so applicable to the wants and miseries of the people.' The natural benificence of the royal heart would be gratif^t^d by the seasonable remit- tance. And surely it was no reason, because ministers failed to do their duty, that the house should cease to at- te.-sd to theirs. Acting as the faithful representatives of tlic people, who had trusted them, they ought to seize oa every o!)ject of equitable resource that presi>nted itself; and surely no'ie v/erc so fair, so probable, or so flattering as retrenchment and economy. The obligations of their character dc manded iVoin them not to hesitate in pursuing those objects, even to the foot of th- throne ; and actuated by duty, to advise the crown to part with useless osten- tation, that he might preserve necessary power ; to abue a littlv'. of pomp, that he might ascertain respect ; to dimi- nish a little of exterior grandeur, that he might increase and secure authentic dignity. Such advice would become them, as the counsellors of his Majesty, and as the re- presentatives of the people; for it was their immediate duty, as the commons house of Parliament, to guard the lives, the liberties, and the properties of the people. The last obligation was the strongest, it was more immediate- ly incumbent upon them to guard the properties, because they w :re more liable to invasion by the secret and subtle attacks of influence, than either their lives or liberties. It would not derogate from the real gloi-y of the crown to N2 138 AMERICAN accept of the advice. It would be no diminution of true grandeur to yield to the respectful petitions of the people. The tutelage of that house might be a hard term : but the guardianbhip of that house could not be disgraceful to a constitutional king. The abridgment of useless and un- nec«^ssary expv use could be no abatement of royalty. Mag- nificence and grandeur were not inconsistent with retrench- m« iit and economy, but, on the contrary, in a time of necessity and of common exertion, solid grandeur was dependent on the reduction of expense : And it was the general sentiment and observation of the house, that e- conomy was at this time essentially necessary to national salvation. This had been the language of the noble lord [lord Nugent] on the other side of the house, and he had declared that if the bill then before the house had provided that all the monies to be derived from the re- ductions proposed were be applied to the public service, he v/ould have given his hearty concurrence in it, and would have become one of its warmest advocates. Here then he begged leave to join issue with the noble lord. He had said that the savings were to be appropriated towards a fui;d for creating a provision for the royal family ; and this clause he had found in the bill before them. He begged to inform the noble lord, that there was a clause in this bill which expressly stated th;^t the monies arising from the reductions proposed shr^uld be directly applied to the public service. The only merit that he could claim in a competition with the noble lord was, that his eyes were somewhat youviger than his, and he would read the claus- to which he alluded. He here read the clause al« luded to. This was the clearest refutation of the noble lord's as- sertions, but his error seemed to have arisen from his having taken notice of another clause in the act, which ordams, that the monies appropriated to the payment of annuities to be granted to those persons whose places were to be abolished, should be placed in a fund as they should arise by the death of the annuitants, to create a provision for the royal family. This was the error of the noble lord : he had mistaken tins provision for all the savings of the plan : unless indeed he imagined that to place money in the sinking f*ind subject to the disposal of SPEAKER. 1S9 Parliament, was net to apply it to the public service. He might consider the blind profusion of the minister as the public service ; and unless it had been left to him to be mismanaged and squandered in his usual way, it was not applying it, in his opinion to the public service. — He trust- ed the house would excuse him for having wantoned with their patience on this point : and he, for his own part, should think his time and labor very well repaid, if there- by he hc;d been fortunate enough to gain over so power- ful an assisf.uit and friend as the noble lord, to the princi- ple of the bill. It had been said by an honorable gentle- man, who spoke early in the debate, that the bill connect- ed two objects that ought to have been kept separate. His honorable friend [Mr. John Townshend] near him had shewn, that these objects ought 'to go hand in hand together, and i^ad very properly contend;^d that this was the fit moment for introducing reform and economy. He should add, that the bill had a third object, much more important than either of these, and that was the reduction of the influence of the crown : that influence which the last Parliament, by an express resolution, had declared to be increasing, and that it ought to be diminished: an in- fluence which was more to be dreaded, because more se- cret in its attacks, and more concealed in its operations, than the power of |;rerog:itivc. All these objects were not only cojnpatible v.i;h each other, but they had a mu- tual connection, and ought not to be divided in a mea- sure of reformation. In all the arguments of the noble lord who spoke last, on the subject oi^ the resolutions of the 6di of April, he obstrved the nobie lord's objections were directed solely to the second of these resolutions ; he took It lor granted therefore, that the noble lord ad- mitttd the first. That resolution pledged the house to do something efl'ectual in compliance with the petitions of the people. Why then should the house refuse to adopt the present bill, the operation of which in diminishing the in- fluence of the crown, rendered it in his opinion much more valuable than the mere consideration of the saving it would effect? But it had been said, that the saving was immaterial ; it was a matter of trifling consideration, when measured by the necessities or expenses at the time. It proposed to bring no more than 200,000/. a year into the 140 AMERICAN public coffers ; and that sum was insignificant in the pub- lic account, when compared with the millions which we spend. This was surely the most singular and unaccount- able species of reasoning that was ever attempted in any- assembly. The calamities of the crisis were too great to be benefited by economy. Our expenses were so enor- mous, that it was ridiculous to attend to little matters of account. We have sptnt so many millions, that thousands are beneath our consideration. We were obliged to spend so much that it was foolish to think of saving any. This was the language of the day, and it was by such reason- ing that the principle of the bill had been disputed. Much argument had been brought to prove the impropriety and the injustice of resuming a parliamentary grant ; and it had been even said," that they had not a right to do so. It would be needless to attempt an answer to such a doctrine. It contained its refutation in its weakness. But it ought to be remembered, that the civil list revenue was granted bv Parliament to his Majesty for other purposes than those of personal gratification. It was granttd to support the power and the interests of the empire, to maintain its grandeur, to pay the judges and the foreign ministers, to maintain justice and support respect ; to pay the great officers that were necessary to the lustre of the crown ; and it was proportioned to die dignity and opulence ot the people. It would be an ungracious task to investigate the great difference that there was between the wealth of the empire when that revenue was granted, and the wealth at the present time. It would serve however to shew, that the sum of revenue, which was necessasy to the support of the common dignity of the crown and people at that time, ought now to be abated, as the ne- cessities had increased. The people who grunted that re- venue under the circumstances of the occasion, were jus- tified in resuming a part of it, under the pressing demand of an altered situation. They clearly felt their right ; but they exercised it with pain and regret. They ap- proached the throne with bleeding hearts, afflicted at the necessity of applying for retrenchment of the royal gra- tifications ; but the request was at once loyal and sub- missive. It was justified by policy, and his Majesty's compliance with the request was inculcated by prudence^ SPEAKER. 141 as well as by affection. He confessed, that, when he con- sidered the obligations of the house, he could not cherish the idea that they would dispute the principle of the bill before them. He could not believe it possible that the principle of economy would be condemned, or the means of accomplishing it abandoned. For liis own part, he admired the plan proposed. He felt himself, as a citizen of this country and a member of that house, highly in- debted to the honorable author of it ; and as he consid- ered it as essential to the being and the independence of his country, he would give it the most determined support. Extract from a Speech of Mr. Fox, 12th June, 1781, on the receipt of the ?ietvs in England of the Battle of Guildford, " I proceed next to the battle of Guildford, where the Gazette asserts, we had obtained a signal victory. This tt:rm I doubt not, was used by lord Cornwallis in a very proper sense ; for he could only attend to the disproportion betw.cn the two armies ; in which point of view, no doubt, that a victory should be gained on our side was very astonishing, and highly honorable to the troops ; but if the consequences of the action were to be regarded, then he must understand the word signal in a very different sense ; and allow the victory to have been sig7ialised, by drawing after it the same identical effects that might have been expected from a defeiir. Flad our army been vanquished, what course could ihey have taken? Certainly they would have abandoned the lit-ld of action^ and flown for refuge to the sea-side : now these are pre- cisely the measurt-s we were obliged to adopt after the action at Guildford, the victorious army leaving the field, abandoning the future object of its expedition, and retir- ing to the fleet. Another term used by lord Cornwallis I must also take notice of; he called his army a little one ; and well indeed might lie give it that appellation, since his whole force did not amount at the utmost to three thousand men. I take that number merely to avoid a contradiction that miglu* divert the current of debate into an improper channel ,• for I am credibly informed the army did not a- 142 AMERICAN mount to one half the nunnber ; but taking it at three thou= sand, then on what principle couid ministers even justify confining the operations of this active and spirited general by so scanty a force? Little indeed the army was, compared to the enemy it combated, but still less if compared to the army estimates voted this session ; for it appeared by them, that no less than eighty-three thousand men were employed in America, including a number in the West Indies ; so that, in order to bring three thousand men into the field, the public were to pay for and provide eighty- thousand. I do not mean absolutely to sa)^, that so many were actually in the service, perhaps not a tenth part of them could be produced ; but the account of them was to be seen on the table ; and what language coul rable and proper for an attack. A noble lord [lord West- cote] proclaimed their inhabitants to be effeminate and enervated by the heat of the sun : his lordship being a scholar reasoned on the topic very scientifically, and his ideas were at once adopted : Charleston in consequence was taken ; and but for extraordinary exertions of bravery, would have turned out a conquest more injurious to our cause than any of the preceding. In short, we had now attempted every province but Virginia and New Hamp- shire, the latter of which I am sorry to find could not be invaded without great difficulty ; but as to the former I 1|.understand it is to be the next object of enterj:rise : now ' I should be happy to learn whether after the thirteen colo- nies had been invaded, without advancing our grand ob- ject a single step, ministers would at last consent to relin- quish this most destructive war. If I can only obtain an assurance of that, I will readily consent to an attempt on Virginia, and think I make a good bargain for my consti- tuents. Extract from a Speech of the hie Mr, Pitt in the same debate. " Some gentlemen had passed the highest eulogiums on the American war. Its justice was defended in the most warm and fervent manner indeed. A noble lord in the heat of his zeal had called it a holy war. For my part, though the honorable gentleman who made the motion, and some other gentlemen, had been more than once in the course of the debate severely reprehended for calling it a wicked and accursed war, I am persuaded, and will affirm, that it was a most cursed, wicked, barbarous, cruel, unna- tural, unjust, and diabolical war. It was conceived in in- justice : it was nurtured and brought forth in folly : its footsteps were marked with blood, slaughter, persecution, and devastation: in truth, every thing which went to con- stitute moral depravity and human turpitude, was to be SPEAKER. us found in it. It was pregnant with misery of every kind. The mischiefs, however, recoiled on the unhappy people of ihis country who were made the instruments, by vvhiuh the wicked purposes of its authors were effectecL^ The nation was drained of its best blood and of its vital re- sources of men and money. The expense of it was en- ormous, much beyond any former experience ; and yet, what had the British nation received in return ? Nothing but a series of im fFective victories, or severe defeats victories celebrated only by a temporary triumph over our brethren, whom we would trample down and destroy ; %vhich filled the land with mourning for the loss of dear and valuable relations, slain in the impious cause of en- forcing unconditional submission; or with narrati es of the glorious exertions of men, struggling in the holv cause of liberty, though struggling under all the difficulties and disadvantages which in general are deemed ihc necessary concomitants of victory and success. Where was the Englishman, on reading the narratives of those bloody and well-fought contests, who could refrain from lament- ing the loss of so much British blood, spilt in such a cause ? or from weeping on whatever side victorv might be de- clared ? Add to this melancholy consideration, that on which ever side we looked, we could perceive nothing but nur natural and powerful enemies, or luke-warm and faith- less friends, rejoicing in our calamities, or meditating our •iltimate downfall." Extract fr 0771 Mr, Fox's Speech in Kovember 1781, mmc- duitely after the news had arrived of the surrender of Lord Connvallis. " I had expected, and I know it has been expected by many others, to hear on this occasion his Majesty declare from the throne, that he had been deceived and imposed upon by misinformation and misrepresentation ,• that in consequence of his delusion, the parhament had been de- luded ; but that now the deception was at an end ; and requesting of his parliamtint to devise the most speedy and efficacious means of putting an end to the public calami- ties ; instead^of which they had heard a speech breathing 146 AMERICAN little else than vengeance, misery, and blood. Those ivho ivere ignorant of the personal character of the Sovereign^ and vho imagined this speech to originate with him, might be led to suppose that he was an unfeeling despot, rejoicing in the horrid sacrifice of the hberty and lives of his subjects, who, when all hope of victory was vanished, still thirsted for revenge. The ministers, who advised this speech, are a curse to the country, over the affairs of which thty have too long been suffered to preside. From that unrivalled pre-eminence which we so lately possessed, they have made us the object of ridicule and scorn to the sur- rounding nations. The noble lord in the blue ribband has indeed thought fit to ascribe the American war and all its attendant calamities to the speeches of Opposition. Oh ! wretched and incapable ministry, whose measures are framed with so little foresight, and executed with so little firmness, that because a rash and intemperate invective is uttered against them in the House of Commons, they shall insiantly crumble in pieces, and bring down ruin upon the country ! Miserable statesman ! to allow for no contin- gencies of fortune, no ebullition of passion, no collision of sentiment ! Could he expect the concurrence of every individual in that House ? and was he so weak or wicked, as to contrive plans of government of such a texture, that the intervention of circumstances, obvious and unavoid- able, would occasion their total failure, and hazard the ex- istence of the empire ? Ministers must expect to hear of the calamities in which they had involved the empire, again and again — not merely in that House, but at the tribunal of justice ; for, the time will surely come, when an op- |>ressf d and irritated people will firmly call for signal pun- ishment on those whose counsels have brought the nation so near to the brink of destruction. An indignant nation will surely in the end compel them to make somt- faint a- tonement for the magnitude of their offences 'on a public fSCAFFOLD. 3Irl Burkcy on the right to tax America^ November^ 1781. " Oh ! inestimable right. Oh ! wonderful, transcend ant right, the assertion of which has cost this countrj^hirteen SPEAKER. U7 provinces, six islands, 100,OvOO lives, and seventy millions of money ! Oh invaluable right ! for the sake of which we have sacrificed our rank among nations, out importance abroad, and our happiness at home ! Oh right ! more dear to us than our existence, which has already cost us so much, and which seems likely to cost us our all. Infa- tuated man!" cried Mr. Burke, fixing his eyes on the minister, *' miserable and undone country! not to know that the claim of right without the power of enforcing it, is nugatory and idle. We had a right to tax America, the noble lord tells us ; therefore we ought to tax America. This is the profound loj:^ic which comprises the whole chain of his reasoning. Not inferior to this was the wis- dom of him who resolved to shear the wolf. What ! shear a wolf! Have you considered the resistance, the difficul- ty, the danger of the attempt ? No, says the madman, I have considered nothing but the right. Man has a right of dominion over the beasts of the forest ; and therefore I will shear the woif. Hov/ v/onderful that a nation could be thus deluded. But the noble lord dealt in cheats and delusions. They were the daily traflic of his invention ; and he would continue to play off his cheats on this House, so long as he thought them necessary to his pur- pose, and so long as he had money enough at command to bribe gentlemen to pretend that they belie^^ed him. But a black and bitter day of reckoning would surely come ; and whenever that day came, he trusted he should be able, by a parliamentary impeachment, to bring upon the heads of the authors of our calamities, the pun- ishment they deserved." Speech of 3Ir, Fox, on Mr. Pitt's ^notion, for a reform in the representation of the people^ by a ^^radual extinguish' ment^ by purchase, of the right of sending members to parliament^ possessed by sundry Rotten Boroughs, " After the many occasions, on which I have before expressed what my sentiments are on the subject of a_re- form in the repr'sentation of the people in Parliament, I shall n.ot consider myself under any great necessity of trou- bling the house ; but there have been extraordinary cir- 148 AMERICAN cumstances attending the introduction of the present ques- tion. That I bnve always bf-en a friend to the principle of the bill is a L.qk which does not require to be now re- peated. Whfcthrr tht means taken to effect that principle are such as are most unexceptionable, must remain for future discussion, but cannot provoke my opposition to the motion. There remain ample opportunities in the future stages of the Bill to examine and correct it ; — op- portunities which in themseivts will be the highest acqui- sitiott. ** To that principle which by a diminution of the mem- bers of boroughs tended to encrease the proportion of re- presentatives for counties, I am sincerely and cordially a friend. But while I am thus explicit on the subject of my approbation, it ir^ but just to mention, that there is another point to which I totally disagree. With all re- spect Vt^hich I always pay to the house of commons, I can perceive in it no superlative excellence, no just superiority, which can justify the suspension of the operation of this bill. To defer for a period of years any system of reform, however pnrtial and inadequate, is by no means comply- inp. with the dc dared wishes of the majority of the elec- tors of this country, whose voice, though by no means to be acknowledged as that to which the house of commons must conform, when they are directed by any sudden im- pulse as the opinions of a moment, should always be obey- ed on points which the experience and consideration of years have taught them finally to decide on. The people, iiotwithstanciing all that has been said, have no peculiar obligations to this Parliament for uncommon instances of that propriety of conduct, which would warrant so implicit a reliance in it. No very flattering proofs of extraordi- nary attention to the rights of the people have been given by his jMajesty's present ministers, in their support of that excellent measure the Westminster scrutiny : and no very splendid testimony of their prudence in financial concerns could be drawn from the CGrnmiitation tax. This is a proceeding, the hardship of which they have already felt; and there are some others now in agitation, which are not likely to turn out much more fa\'XDrable. These only are the reasons the people can have for a reliance in their present Parliamento I do not however mean to say SPEAKER, 149 any thing which can be construed as invective against them. - I have before been accused of insulting them. I do not know that I did so ; but if heat should have led me at any time to say any thing which could have that appearance, I am exceedingly sorry for it. There was nothing in any of these circumstances which could impress them on my memory ; but I have observed, that nothing I have ever said in my warmest moments has ever drawn forth so much passion and ill temper on the other side of the house, as when 1 have attempted to praise them. The Right Honorable Gentleman has in this instance receded from those opinions which on tv\o former occasions he seemed to maintain ; and the alt- ra- tion which he has now made for the purpose of a specific plan is infinitely for the wofse. It is in vain that he en- deavours to qualify the objections which the idea of inno- vation raises in the minds of some, by diminishing the extent and influence of reformation. From the earliest periods of our government, that principle of innovation, but which should more properly be called amendment, is neither more nor less than the practice of the constitution, in every species of government, for I will put absolute monarchy out of the question, as one which ought never lo take place in any country, democracy and aristocracy are always in a state of graslual improvement, v/hen expe- rience comes to the aid of theory, and speculation. '*• In all these the voice of the people, when deliberately and generally collected, is invariably sure to succeed. There nre moments ot periodical impulse and delusion, in which they should not be gratified; but when the views of a* people have been formed and determined on the at- tainment of any object, they must ultimately succeed. Oa this subject the people of this country liave petitioned from time to time, and their applications have been made to their Parliament. In every reason therefore triey should be gratified, lest they may be inclined to sue for redress in another quarter, w^here their application will have every probability of success, from the experience of last year. Failing in their representatives, they may have recourse to their prerogative. It has been urged, that now whilst this business is in agitation, the people of Birminghawi and Manchester have not petitioned to be jfnresentci^* 2 150 AMERICAN This is an argument which at this time of all others can have but Uttle weight ; for while they were alarmed for their trade and their subsistence, it is no time for them to set about making improvements in that constitution, in ivhich they are not certain how long they may have any share. On the eve of emigration, they are to look for this in another country, to which their property and busi- ness are soon to be transferred. The different parts of this plan would certainly in a committee be submitted to modification and amendments : but as it now stands ad- mitting only the first principle, every other part and the means taken jto attain the principle are highly objectiona- ble. I shall not hesitate to declare, that I will never agree to admit the purchasing from a majority of the electors the property of the whole. In this I see so much injus- tice, and 30 much repugnance to the true spirit of our constitution, that I cannot entertain the idea one moment. On the other hand, when the property of a borough is in one man, there is no chance of his disposing of it on the terms this day mentioned ; for when a particular sum is laid down for a certam purchase, and interest suffered to accumulate on that sum, the man must be a fool who could be in haste to get the possession of it. There is some- thing injurious in holding out pecuniary temptations to an Englishman to relinquish his franchise on the one hand, snd a political principle which equally forbids it on ano- ther. I am uniformly of an opinion, which, though not a popular one, I am ready to aver, that the right of govern- ing is not a property, but a trust ; and that whatever is giv.-n for constitutional purposes, should be resumed yhen those purposes shall no longer be carried into effect. There are instances of gentlemen offering to sacrifice the interest ihey may have in boroughs to the public good. It is strange that none of them now come forward, when the occasion has presented itself. I am averse to the idea of eonfinihg parliairtntary situations to men of large fortunes, or those who have distinguished themselves in public pro- fessions. Should this be the case, there is scarcely any man so little acquainted with the histoiy of Parliament, as not to know that the house would lose half its force. It 33 not from men of large and easy fortunes that attention, vigilance, energy, and enterprise are to be expected* Hii= SPEAKER. I5i man nature is too fond of gratification not to be some- ^vhat attentive to it, when the means are at hand ; and the best and most meritorious public services have always been performed by persons in circumstances removed froTi opulence. The Right Honorable Gentleman need not be ashamed to take some of those regulations formed in the time of the protector, Oliver Crot-iwell ; ibr though a character too odious ever to be the object of praise or imi- tation, his institutions, confirmed afterwards by his suc- cessor, Charles il., bear strong marks of genius and abi- lity ; for his political disposition was as good as that of his successor, and his genius infinitely more powerful. I shall conclude with earnestly intreating all sides of the house to concur in the question now before them." Extract from 3Ir, TloocVs Speech irz trie British House cf Commons in March^ 1790. *' This secret of inadequate representation was told the people in thunder in the American war ; which began with virtual representation, and ended in dismemberment. To the inadequacy of representation, I charge that war. " Profuse councils, attendant on unconstitutional majori- ties, had left ijpon you a debt, which induced the minister to look to America for taxes. There the war began •, the instinctive selfishness of mankind made the people and Parliament wish that others should be taxed rather than themselves. Ai first, and until America resisted, I agree that this wish was common to the Parliament and people ; but when Airierica resisted, and the measure came to de- liberate judgment, the people were the first to recover their senses ; whilst the minister with his majoritv, went on to ruin. I siiy, that the inadequacy of representation, as it was the cause, so it v/ys the only argument that was attempted in justification of that war. When the Ame- rican exclaimed, thai he was not represented in the British house of Commons, becausr he was not an elector, he was told, that a very small part of the people of Eng- land were electors ; and that therefore he was in the same state in which an infinite majorit) of the people of Eng- land were placed. As they could not call this actual. 152 AMERICAN t'ncy invented a new name for it, and called it virtual re- presentation : and gravely concluded that America was re- presented. The argument no doubt was fallacious : it was perfectly sufficient, however, to impose on multitudes in a nation, wishmg that others should be taxed rather than themselves ; and who were in the habit of thinking that the Americans being an inferior species of beings, ought to be contented with their situation, though they did not partake at ail in the elective capacity. The influence of cor- ruption within doors, and of this fraud of argument with- out, continued the American war. *' It terminated in a separation, as it began in this empty vision of a virtual representation ; and in its passage from one of these points to the other, it swe^t away part of the glory, and more of the territory of Great Britain, with the loss of forty thousand lives, and one hundred millions of treasure. Virtual Parliaments, and an inadequate repre- sentation, have cost you enough abroad already ; take care they do not cost you more at home, by costing you your Extracts from Mr. Fox'^s Speech on Mr, Greifs motion for a Parliamentary Rform^ May 26t/i 1797 » " Sir, " Much and often as this question has been discussed both within these vv'aHs, and without, and late as the hour is, I feel it my duty to make sonic observations, and to deliver my opinion on a measure of high importance at all tim.cs, but which at the present period is become infinitely more interesting than ever. I fear, however, that my conviction on this subject is not common to the house. 1 fear, that we are not likely to be agreed as to the impor- tance of the rreasure, nor as to the necessity ; since, by the, mann. r in which it has been discussed this night, I foresee that, so tar from being unanimous on the proposition, we shall not be agree d as to the situation and circumstances of the country itself, much less as to the nature of the mea- sures, which, in my mind, that situation, and those circum- stanc s so imperiously demand. " For myself, and according to my vieV of our circum* SPEAKER. 153 stnnces, all that part of the argument against reform, which relates to the danger of innovation, is strongly misplaced by those who think with me, that, so far from procuring the mere chance of practical benefits by a reform, it is only by a reform that we can have a chance of rescuing our- selves from a state of extreme peril and distress. Such is my view of our situation. I think it so perilous, so immi- nent, that though I do not feel conscious of despair, an e- motion ^vhich the heart ought not to admit, yet it comes nearer to that state of hazard, when the sentiment of de- spair, rather than of hope, may be supposed to take pos- session of the mind. I feel myself to be the member of a community in which the boldest man, without any impu- tation of cowardice, may dread that we are not merely- approaching to a state of mere peril, but of absolute dis- solution ; and with this conviction, impressed indelibly on my heart, gentlemen will not believe that I disregard all the general arguments that have been used Rgainst the motion on the score of innovation, from any disrespect to the honorable n^em,bers who have urged them, or to the ingenuity with which they have been pressed, but because I am firmly persuaded that th;-y are totally inapplicable to the circumstances under which we come to the discus- sion. With the ideas that I entertain, I cannot listen for a mom', nt to suggestions that are applicable only to other situations and to other times ; for unless we are resolved, in liClplcss pusillanimity, or in a stupid torpor, to succumb, and to wait with resignation the appv-oach of our doom, to lie down and die, we must take bold and decisive mea- sures for our deliverance. We must not be deterred by meaner apprehensions. We must coml)ine all our strength, fortify one another by the commutiion of our courage ; and by a sensonable exertion of national wisdom, patriot- ism, and vigor, take measures for the chance of salvation, and encounter with unappalled hearts all the enemies fo- reign and internal, all the dangers and calamities of every kind, which press so heaviiy upon us. Such is my view of the present emergency of England ; and under this impression, 1 cannot tor a moment listen to the argument of danger arising from innovation, since our ruin is inevi- table, if we pursue the course Vv'hich h.is brought us to the brink of the precipice. 154 AMERICAN " I have invariably declared myself a friend to par- liamentary reform by whomsoever proposed ; and though in all the discussions that have heretofore taken place, I have had occasion to express my doubt as to the effica- cy of the particular mode, I have never hesitated to say, that the principle itself was beneficial ; and that, though not called for with the urgency, which some folks, and among others the right honorable gentleman declared to exist, I const.mtly was of opinion that it ought not to be discouraged. Now, however, that all doubt upon the subject s removed by the pressure of our calami- ties, and that no spark of hope remains for the country, and the dreadful alternative seems to be, whether we shall sink into the most abject thraldom on the one side, or continue in the same course until we are driven into the horrors of anarchy on the other, I can have no hesitation in saying, that the plan of recurring to the principle of tneiiorntion- which the constitution points out, is become a desideratum to the people of Great Britain. Between the aliernatives of baoe and degraded slavery on the one side, or of tumultuous though probably short lived anarchy oii the other, thau;.;h no niao would hesitatt to make his choice, yet if there be a course obvious and practicable, which, without either viohncr or innovation, may lead us back to the vigor we have lost, to the energy that has been stifled, to the dependence that has been undermined, and yet preserve every thing in its place, a moment ought not to be lost in embracing the chance which this fortuniUe provision of the British system has made for British safety. " Every thing that is dear and urgent to the minds of Englishmen, presses upon us : at the critical moment at which I now address you, a day, an hour ought not to e- lapse, without giving to ourselves the chance of this reco- very. When government is daily presenting itself in the shape of weakness that borders on dissolution — unequal to all the functions of useful strength, and formidable only in pernicious corruption — weak in power, but strong only in influence ; am I to be told, that such a state of things can go on with safety to any branch of the constitution ? If men think, that under the impression of such a system, we can go on without a material recurrence to first princi* SPEAKER. 155 pies, they argue in direct opposition to all theory and all practice. These discontents cannot in their nature subside under detected weakness and exposed incapacity. In their progress and increase, as increase they must, who shall say that direction can be given to the torrent, or that hav- ing broken its bounds it can be kept from overwhelming the country ? Sir, it is not the part of statesmen, it is not the part of rational beings, to amuse ourselves with such fallacious dreams : we must not sit down and lament over our hapless situation ; we must not deUver ourselves up to an imbecile despondency, that would paralyse us at the approach of danger; but by a seasonable, alert and vigor- ous measure of wisdom, meet it with what we think a suf- ficient and seasonable remedy. — We may be disappointed — we may fail in the application, for no man can be cer- tain of his footing on ground that is unexplored ; but we shall at least have a chance for success — we shall at least do^hat belongs to legislators, and to rational beings on the occasion ; and I have confidence that our efforts would not be in vain. I say that we should give ourselves a chance, and I may add the best chance for deliverance ; since it would exhibit to the country a proof that we had conquered the first great difficulty that stood in the way of bettering our condition — we had conquc^red ours-^lves. We had given a general triumph to reason over prejudice ; we had given a death-blow to those miserable distinctions of JF/iig- and Tory, under which the warfare had been maintained between pride and privilege ; and through the contention of our rival jealousies, the genuine rights of the many had been gradually undermined and frittered away. I say that this would be giving us the best chance, be^cause, seeing every thing go on from bad to worse — see- ing the progress of the most scandalous waste countenan- ced by the most criminal confidence, and thut the effront- ery of corruption no longer requires the musk of conceal- ment — seeing liberty daily infringed, and the vital springs of the nation insufiicient for the extravagance of a dissi- pated government, I must believe, that, unless the people are mad or stupiu> they will suspect that there is some- thing fundamentally false or vicious in our system, and which no reform would be equal to correct. Then to pre- vent all this, and to try if we can effect a reform, without 156 AMERICAN touching the mahi pillars of our constitution — without changing its forms, or disturbing the harmoiiy ot its parts — without putting any thing out of its place, or affecting the securities which we justly hold to be so sacred, I say, that it is the only chance which we have for retrieving our misfortunes by the road of quiet and tranquillity, and by which national strength may be recovered without disturb- ing the property of a single individual. *•' An honorable baronet spoke of the instability of de- mocracies, and says, that history does not give us the ex- ample of one that has lasted eighty years. Sir, I am not speaking of pure democracies, and therefore his allusion does not apply to my argument. Eighty years, however, of peace and repose would be pretty well for any people to enjoy, and would be no bad recommendation of a pure democracy. I am very ready, however, to acjree with the honorable baronet, that, according to the experience of history, the ancient democracies of the world were vVcipus, and objectionable on many accounts ; their instability, their injustice, and^many other vices cannot be overlook- er^ ; but siu*ely when we turn to the ancient democracies of Greece, when we see them in all the splendor of arts and of arms, when we see how they aroused and invigo- rated genius, and to what an elevation they carried the powers of man, it cannot be denied that however vicious on the score of ingratitude, or injustice, they were at least., the pregnant and never-l'aiiing source of national strength; and, that, in particular, they brought forth and afforded this strength in a peculiar manner in the moment of diffi- culty, and distress. When we look at the democracies of the ancient world, we are compelled to acknowledge their op- pressions to their dependencies, their horrible acts of injus- tice and of ingratitude to their own citizens ; but they com- pel us also to admiration by their vigor, their constancy, their spiiit, and their exertioris in every great emergency in which the) were called upon to act. We are compelled to o\\n, that it gives a power of which no other form of government is capable. Why i Jiecause it incorporates every m.n with the state — because it arouses every thing that belongs to the soul, as well as to the body of man— because it itiakLS every individual creature feel, that he is fighting for himself, and not for another j that it is his SPEAKER. 157 own cause, his own safety, his own concern, his own dig- nity, on the face of the earth, and his own interest on the identical soil which he has to maintain ; and accordingly we find that whatever may be ascribed, that whatever may be objected to them on account of the turbulency of the passions which they engender, their short duration, and their disgusting vices, they have exacted from the common suffrage of mankind the palm of strength and vigor. Who that reads the history of the Persian war, what boy whose heart is warmed by the grand and sub- lime actions which the democratic spirit produced, does not find in this principle the key to all the wonders which were achieved at Thermopylae and elsewhere f He sees that the principle of liberty only could create the sublime and irresistible emotion ; and it is in vain to deny, from the striking illustration that our own times have given, that the principle is eternal, and that it belongs to the heart of man. Shall we then refuse to take the benefit of this invigorating principle ? Shall we refuse to take the benefit which the wisdom of our ancestors resolved that it should confer on the British constitution ? With the knowledge that it can be reinfused into our system without violence, without disturbing any one of its parts, are we become so inert, so terrified, or so stupid, as to hesitate for one hour to restore ourselves to the health which it would be sure to give ? " If you wish for power, you must look to liberty. If ever there was a moment when this maxim oughi to be dear to us, it is the present. We have tried all other means : we have had recourse to every stratagem, that artifice, that influence, that cunning could suggest we have addressed ourselves to all the base passions of the nation : we have addressed ourselves to pride, to avarice to fear : we have awakened ail the interested emotions ; we have employed every thing that flattery, every thing that address, every thing that privilege could efl'ect : we have tried to terrify them into exertion ; and all has been une- qual to our emergency. Let us try them by the only means which experience demonstrates to be invincible : let us address ourselves to their love : let us identify them with ourselves ; let us make it their own cause, as well as ours. To induce them to come forward in support of the 158 AMERICAN state, let us make them a part of the state, and this they become the very instant you give them a house of com- mcns that is the faithful organ of their will : then, Sir, when you have made them believe and feel that there can be hut one interest in the country, you will never call up- on them in vain for exertion. *' There has been at different times 9 great deal of dis- pute about virtual representation. Sir, I am no great ad- vocate for these nice subtiliiies and special pleadings on the constitution : much depends upon appearance as well as reality. I know well, that a popular body of five hun- dred and fifty-eight gentlemen, if truly independent of the crown, would be a strong barrier to the people j but the house of commons should not only be, but appear to be, the representative of the people : the system should satisfy the prejudices and the pride, as well as the reason of the people ; and you can never expect to give the just impression which a house of commons ought to make on the people, until you derive it unequivocally from them. It is asked, why gentlemen, who were against a parlia- mentary reform on former occasions, should vote for it now ? Ten years ago, men might reasonably object to any reform of the system, who ought now in my opinion, to be governed by motives that are irresistible in its favor. They might look back with something like satisfaction and triumph to former Parliaments, and console them- selves with the reflection, that, though in moments of an ordinary kind, in the common course of human events, Parliament might abate from its vigilance, and give a greater degree of confidence than strictly conformable wiih representative duty ; yet there was a point beyond which no artifice of power, no influence of corruption, could carry them : that there were barriers in the British constitution, over which the house of commons never would leap, and that the moment of danger and alarm would be the sign. It would gire P Z 1G2 ^ • AMERICAN us, in the first place, a Parliament vigilant and scrupulosis , and that would ensure to us a government active and eco- nomical. It would prepare the way for every rational im- provement, of which, without disturbing the parts, our con- stitution is susceptible. It would do more ; it would open the way for exertions infinitely more extensive than all that wc have hitherto made. " It has often been a question, both within and without these walls, how far representatives ought to b^ bound by the instructions of their constituents. It is a question upon which my mind is not altogether made up, though I own I lean to the opinion that having to legislate for the empire, they ought not to be altogether guided by instruc- tions that may be dictated by local interests. I cannot, however, approve of the very ungracious manner in which I sometimes hear expressions of contempt for the opinion of constituents ; they are made with a very bad grace in the first session of a septennial Parliament, particularly if -hey should come from individuals who in the concluding session of a former Parliament did not scruple to court the favor of the very same constituents, by declaring that they voted against their conscience in compliance with their desire, as was the case with an honorable alderman of the city of London. But, Sir, there is one class of constituents, whose instructions it is considered as the im- plicit duty of members to obey. When gentlemen repre- sent populous towns and cities, then it is disputable, whe- ther they ought to obey their voice, or follow the dictates of their own conscience ; but if they represent a noble Lord, or a noble Duke, then it becomes no longer a ques- tion of doubt; he is not considered as a man of honor who does not implicitly obey the orders of his single con- stituent. He is to have no conscience, no liberty, no dis- cretion of his own ; he is sent here by my Lord this, or the Duke of that; and if he does not obey the instruc- tions he receives, he is not to be considered as a man of honor and a gentleman. Such is the mode of reasoning that prevails in this house. Is this fair? Is there any reciprocity in this conduct ? Is a gentleman to be per- mitted, without dishonor, to act in opposition to the sen- tim.ents of the city of London, of the city of Westmins- ter, or of Bristol : but if he dares to disagree with the SPEAKER. 163 Duke or Lonl, or Baronet, whose representative he if, than he nnust be considered as unfit for the society of men of honor ? '* This, Sir, is the chicane and t)ranny of corruption; and this, at the same time is called representation. In a very great degree the county members are held in the same sc^t of thraldom. A number of peers possess an overweening interest in the county, and a gentleman is no longer permitted to hold his situation than as he acts agree- , able to the dictates of those powerful f.imilies. Let us see ' how ^he whole of this stream of corruption has been di- verted from the side of the people to that of the crown ; with what a constant persevering art, every man who is possessed of influence in counties, corporations, or bo- roughs, that will yield to the solicitations of the court, is drawn over to that phalanx which is opposed to the small remnant of popular election. I hare looked. Sir, to the machinations of the present minister in that way, and I find that including the number of additional titles, the right honorable gentleman has made no fewer than one hundred and fifteen peers in the course of his administra- tion ; that is to say, he has bestowed no fewer than one hundred and fifteen titles, including new creations and elevations from one rank to another. How many of these are to be ascribed to national services, and how many to parliamentary interest, I leave the house to inquire. The country is not blind to these arts of influence, and it is impossible that we can expect tlitm to continue to endure them. <* When we look to the kingdom of Scotland, we see a state of representation so monstrous and absurd, so ridiculous and revolting, that it is good for nothing ex- cept perhaps to be placed by the side of the English, in order to set off our defective system, by the comparison of one still more defective. In Scotland there is no sha- dow even of representation ; there is neither a representa- tion of property for the counties, nor of population for the towns. It is not what we understand in England by freeholders, that el ct in the counties : the right is vested in what is called the superiorities ; and it might so hap- pen that all the members for the counties of Scotland might come here without having the vote of a single per- 164 AMERICAN son \vho had a foot of property in the land. This is an extreme case ; but it is within the limits of their system. In the boroughs, their magistrates are self elected, and therefore the members have nothing to do with the popu- lation of the towns. " Now, Sir, having shewn this to be the state of the country, and the state of our representation, I ask you what remedy there can be other than reform ? miat can we expect, as the necessary result of a system so defec- tive and vicious in all its parts, but increased and increas- ing calamities, until we shall be driven to a convulsion that would overthrow every thing ? If we do not apply this remedy in time, our fate is inevitable. Our most il- lustrious patriots, and the men whose memories are the dearest to Englishmen, have long ago pointed out to us parliamentary reform as the only means of redressing national grievance. I need not inform you, that Sir George Saville was its most strenuous advocate : I need not tell -you that the venerable and illustrious Cam- ben was through life a steady adviser of seasonable re- form : nay, Sir, to a certain degree we have the authority of Mr. Burke himself for the propriety of correcting the abuses of our system : for gentlemen will remember the memorable answer that he gave to the argument that was used for our right of taxing America, on the score of their being virtually represented ; and that they were in the same situation as Manchester, Birmingham, and Sheffield. %Vhat ! said Mr. Burke, when the people of America look up to you with the eyes of fi>ial love and affection, will you turn to them the shameful parts of the- constitu- tion ? With, then, the concurrivig testimony of so many authorities for correcting our abuses, why do we hesitate I Can we do any harm by experimtut ? Can we possibly put ourselves into a worse condition than we are ? What ad- vantages we shall gain, I know not : I think we shall gain many : I think we shall gam at least the chance of warding off the evil of confusion growing out of accumulated dis- cotitent : I think that we shall save ourselves from the evil that has fallen upon Ireland: I think that we shall satisfy the n.oderatt, and take even from the violent, if any such there be, the powers of increasing their numbers, and of making converts to their schemes. This, Sir, is my solema SPEAKER. 165 opinion, and upon this ground it is that I recommend, with earnestness and solicitude, the proposition of my ho- norable friend. " Sir, I have done ! I have given my advice. I pro- pose the remedy, and fatal will it be for England, if pride and prejudice much longer continue to oppose it. The remedy, which is proposed, is simple, easy, and practica- ble ; it does not touch the vitals of the constitution, and I sincerely believe it will restore us to peace and harmo- ny. Do you think that you must not come to parliamen- tary reform soon ? And is it not better to come to it now, when you have the power of deliberation, than when per- b.aps it may be extorted from you by convulsion ? There is as yet time to frame it with freedom and discussion ; it will even yet go to the people with the grace and favor of a spontaneous act. What will it be, when it is extort- ed from you with indignation and violence ? God forbid that this should be the case j but now is the moment to pre- vent it ; and now, I say, wisdom and policy recommend it to you, when you may enter into all the considerations to which it leads, rather than to postpone it to a time, when you will have nothing to consider, but the number and force of those who demand it." Extract from the Speech of Mr, Beaufoy^ on his 7noti07i for repealing the Corporation and Test Laws^ Jllay 8thy '^1789. " A foreigner, would naturally ask, what are these Dis- senters that their right to the common privileges of citi- zens should be disputed ? Are they slaves to the rest of the community ; or are they offenders who have forfeited their privileges by their crimes ; or are they persons who from their religious tenets are unable, or from disaffection to the state are unwilling, to give the necessary pledges of obedience ? Not as slaves to the rest of the community, do we deny them the usual privileges of citizens ; for thanks to the spirit of our ancestors, there is in Great Britain no such description of men. Not as criminals do we exclude them from the enjoyment of their rights; for of the millions of subjects who inhabit the kingdom, there .166 AMERICAN are none of more untainted integritj', or of more unques tionable honor. Neither as persons who are unable, or unwilling to give sufficient pledge of their obedience to the state, do we reject them ; for such is the satisfaction which we feel in the pledges they give of their attachment, — such is our reliance upon the oa-hs which they are at all times willing to take, that without hesitation or reserve we admit them to the highest of all trusts, that of legislative power ; but the ground on which we do refuse them the rights and privileges which their fellow-citizens enjoy, is their presuming to believe, that in those concerns of reli- gion which relate not to actions but opinions, it is every man's duty, as it is every man's right, to follow the dic- tates of his own understanding. To be convinced by the evidence of another man's judgment, in opposition to the evidence of their own, they conceive to be as impossible as to credit the testimony of another man's sight in oppo- sition to the evidence of their own eyes. It is this adhe- rence to a necessary conclusion from self-evident premises; it is this attachment to an unavoidable inference from ax- ion^s which no man living disputes ; it is this uniform re- gard for the right of private judgment in matters of reli- gion, which, in the contemplation of the law, outweighs all sense of their virtues as men, all esteem of their patriot- ism as citizens, all respect for their loyalty as subjects ; it is this which has induced us to Impose on them civil dis- abilities, without the commission of any offence. It is this \\ hich has impelled us to subject them, as far as the law can subject them, to the same disabilities, the' same dishonor, with those who have been publicly convicted of wilful, corrupt, and deliberate perjury. Because you will not consent to be hypocrites, therefore, say the laws, you shall be treated as if you were perjured. No office under the crown, though your sovereign may invite you to his. service; no commission in the army, though the enemy may be marching to the capital ; no share in the manage- ment of any of the commercial companies of the kingdom, though your whole fortunes maybe vested in their stocks, shall be yours : from the direction of the bank of England, from the direction of the East India Company, from that of Russia, the Turkish and South Sea companies, you are entirely debarred ] for if you should accept of any share SPEAKER. ler in the management of these Companies, cr of any office under the crown, or of any military employment, you are within the penalties of the statutes. In the first place, yoii forfeit to the informer the sum of 500/. if you cannot pay that sum without delay, the penalty is imprisonment; if you cannot pay it at all, as may be the case with many a brave officer, who has offended against the law by fighting the battles of his country, the penalty is imprisonment for life. In the next place, you are incapable of suing for any debt. Does any one owe you money ? Have you entrust- ed him with your whole fortune? It is in his power to can- cel that debt, by annulling your means of recovering it ; and for that act of dishonesty, of consummate fraud, of treachery in the extreme, the parliament assigns him a re- ward of 500/. to be bequeathed from the wreck of your fortune. In the next place, the law denies you its protec- tion : for the wrongs which he has done you, and for the insults and the injuries, however atrocious, which you have experienced from him, you shall have no redress : to the complaints of others against you, the ear of the magis- trate is open ; but to your supplications, to your prayers, to your complaints, it is from this time forward inexora- bly shut. You are condemned to wretchedness and beg- gary for life. In the next place, you are incapable of re- ceiving any legacy ; the inheritance bequeathed by your parents you cannot take ; your rights as sons are cancell- ed. In the last place, your are also incapable of being guardian to any child, even to your own. A former pe- nalty annihilated your right as a child ; this abrogates your privileges as a parent. Such are the strong coercions by which the Dissenters are excluded from the enjoyment, not only of their most valuable privileges as citizens, but of rights which they hold by a higher title, and claim by a superior authority to any which civil governments bes- tow. How hard, then, is the situation of a Dissenter? If he should disobey the laws, which exclude him from civil and military employments, and should accept of any office to which the choice of his sovereign, or the confidence of his fellow-citizens may invite him, he is robbed of his fortune, stripped of his inheritance, d'. prived of his per- sonal security, and bereaved of his priviKi^cs which result from a natural relation of a father to his child ! If, on the 168 AMERICAN other hand, he should acquiesce in the law, and pursue no employments in the army, in the state, or in the com- mercial companies of the kingdom, he submits to the same disability, and acquiesces in the same degradation which belongs to those who are convicted of wilful, cor- < rupt, and deliberate perjury ; he is loaded with the same punishments which are inflicted on those who have tramp- led on the first principles of religion, broken down the strongest fences of civil government, and violated the most solemn obligations of human society. Such disa- bilities, so imposed, are naked and undissembled wrongs ; and, inflicted for religious opinions, nearly constitute per- secution ; for what is persecution, but injuries inflicted for religious belief? It is its true definition, its just and accurate description. What then are the consequences which follow from these melancholy facts ? Injurious, and perhaps unexpected as the conclusion is, we are compell- ed, by the evidence of truths which we cannot dispute, to acknowledge that the pretended toleration of the Dis- senters is a real persecution — a persecution which de- prives them of a part of their civil rights, and which, with the same justice, and on the same plea, might equally de- prive them of the rest — a persecution which denies them the management of their property, and which, with the same justice, and on the same plea, might equally take from them the property itself — a persecution which de- prives them of the right of defending their liberties and lives, and which, with the same justice, and precisely on the same plea, might equally deprive them both of liberty and life. If one degree of persecution may be justified, another degree of it, under different circumstances, may be justified also. Let but the principle be once admitted, and the Inquisition of Portugal and Spain cease to be ob- jects either of ridicule, or of abhorrence. " Does the voice of a sovereign in a fearful and peril- ous season, call the Dissenters to his service, or does the strong impulse of affection for their native land urge them to oppose their strength to the invading enemy, and to shew him that his sword must pass through their breast, before it can reach that of their country ? Presumptuous men ! what shall be your fate ? From this time forward you shall be treated as outcasts from the community ! The SPEAKER. 169 law shall with-hold from you the guards with which it pro* tects the personal security of the subject ; and even the rights of inheritance shall be taken from you. Do you complain that, guiltless of any offence, except the offence of having bled for your country, you are subjected to pe- nalties so severe ? It is but the lightest part of your pun- ishment ; a higher scourge remains. It is on your feel- ings as parents that the 1j!w shall inflict its deepest wound. Tainted in the eyes of your offspring as unfit to be trust- ed with the care of their education, or the superintendance of their morals, your natural affection shall be made the in- striiment of your severest anguish. O most incomparable system of ingenious cruelty ! A considerable part of the be'bt subjects of the kingdom cannot indulge their attach- ment to their native land, but at the expense of their at- tachment to their offspring. The passion of the father for his child is opposed to his passion for the country. The barbarian, of whom we read in the papers on your table that African tyrant who has carried the science of despo- tism to a perfection which Nero never knew, even he as- pires at nothing more than to destroy the family attach- ment, and to annihilate the parental feeling. He does not attempt to oppose the attachment of the father to the duty of the citizen ; but the British law is founded in deeper cruelty. Its object is to create a war of attachments, and to establish a conflict of passions. It is to make virtue inconsistent with virtue, duty irreconcilable to duty, af- fection incompatable with uffection. Can such laws be con- sistent with the interests of the state ? When the king- dom, a few years sinqe, was assailed by the adherents to another claimant of the crown ; when the faith of a large proportion of people was dubious ; when the loyalty of many of those who were near the person of the king was thought to be tainted, and terror had palsied even more than corruption had seduced, what was then the conduct of the Protestant Dlssentors of England? To say, that of the multitudes which composed that varied society there was not one man, not a single individual, who joined the enemy of his Majesty's house, (unexampled as this proof of their loyalty was) is, however, but to speak the small- est part of their praise ; for at the very time when the ar mies of the state had been repeatedly discomfited ; at the iro AMERICAN - very time that those uho reached at his Majesty's crown were actually in possession of the center of the kingdom ; at the very time when Britain, unable to rely on her na- tive strength, and hourly trembling for her safety, had re- course to foreign aid ; at that very time, the Dissenters, regardless of the dreadful penalties of the law, and anxious for their country alone, eagerly took up arms. And what was the return which they received ? As soon as the dan- ger was passed by, they were compelled to solicit protec- tion of that general mercy which was extended to the very rebels against whom they fought j they were obliged to shel- ter themselves under that act of grace which was granted to the very traitors, from whose arms they had defended the cro^vn, and the life of the sovereign. It was thus only that they escaped those dreadful penalties which they in- curred by their loyalty, and which the irritated friends of the rebellion were impatient to bring down upon them. To the disgrace of our statutes, to the dishonor of the British name, to thereproach of humanity, these persecuting sta- tutes are still unrepealed. " As yet, I have spoken as an advocate for a numerous description of my fellow-subjects, whose moral virtues I esteem, whose patriotism I revere, whose situation, as ' muth injured men, has strongly attached me to their cause, but to whose religious persuasion I myself do not belong. Permit me now, for a few moments, before I conclude, to speak of interests, in which I have a more immediate and personal concern, the interest of the church of England. From all testimonies, ancient and modern, I have ever understood, that the worst practice^ of which a legislature can be guilty, is that of employing the laws of a country to degrade and make contemptible the religion of the countrv» For what man is so little acquainted with the motives of the human heart, or knows so little of the his- tory of nations, as not to be aware, 'that in proportion as he Weakens in the people thejr respect for religion, he corrupts their manners, and in proportion as he corrupts their manners, he renders all laws ineffectual. Now, of all the solemn rites and sacred ordinances of her taith, there is not one so guarded round with terrors, and over i which the avenging sword of the Almighty appears so distinctly to the view, as the ordinance of the holy sacra- SPEAKER. in nietit ; for, * he who presumes to eat of that bread, ancl to drink of that cup unworthily, eateth, and drinkcth his own damnation ; he is guilty of the body and blood of Christ, and provokes the Almighty to plague him with divers dis- eases, and sundry kinds of death.' That these terrible de- nunciations may not be lightly and unthinkingly incurred, the minister is directed, when he stands at the holy altar, to prohibit the approach of all persons of abandoned mo- rals and of a profligate life. Such are the injunctions of his religion ; but the law tells him, that to those very per- sons, abandoned and profligate as they are, if by any means they have found their way to office, he must administer the sacrament. Is he informed, that the man who demands it, is covered with crimes ; a smuggler perhaps (for such appointments have been at no time unfrequent) who h is obtained his employment as a reward for having betrayed his associates, and for having added private treachery to a long course of public fraud ? Is he also told, that thTs man, new as he is to office, is already supposed to have violated his oath, and that the weight of accumulated perjury is already on his head ? Still however, the clergyman must comply with his demand ; for perjured as he is, the Test act has given him a legal right to the sacrament of the Lord's Supper. Should the minister refuse, the expanse of a ruinous suit would devour his scanty means, and con- sign him for life to a prison. Thus circumstanced, the minister has no choice ; yet he cannot but know that in taking it unworthily he eats, and drinks his own damna- tion ! Such is the task which the Test act has assigned to these v'.-ry men, whose particular duty it is to guard their fellow-subjects froni perdition, and to guide them in their road to happiness. If in the records of human extrava- gance, or of human guilt, there can be found a law more presumptuous than this, I will give up the cause. And to what purpose is this debasement of religion ? If it be thought requisite that Dissenters he excluded from the common privileges of citizens, why must the sacrament, be made the instrument of the wrong ? Why must the pu- rity of the temple be polluted i Why must the sanctity of the altar be defiled? Why must the most sacred ordinance of her faith be exposed to such gross, such unnecessary prostitution ? If there be persons who are too little attach- 172 AMERICAN ed to the theory of the Christian faith, to be shocked at the impiety, ihey must at least be astonished at the folly of such a conduct. " The Saviour of the world instituted the Eucharist in commemoration of his death, an event so tremendous that nature afflicted hid herself in Ularkncss ; but the British legislature has made it a qualification for guaging beer- barrels and soap-borlers's tubs ; for writing Custom-house cockets and debentures, and for seizing smuggled tea ! The mind is oppressed with ideas so mis-shapen and mon- strous ! Sacrilege, hateful as it always is, never before as- sumed an appearance so hideous and deformed. Endea- vours have been often used to justify the legal establish- ment of this impious profanation, by comparing it with those provisions of our law, which enjoined the sanction of an oath : but the argument equally insults the integrity ani understanding of every man to whom it is addressed ; for though it be, indeed, true, that the legislature by com- peltirg every petty-officer of the revenue, and every col- icttor of a turnpike toll, to swear deeply on his admission into office, and has madt the crime of perjury more fre- quent than it ever before was in any age or country, yet how does tiie frequent commission of this crime against law justify the establishment of a religious profanation by law ? But without commenting on the folly of pleading for a legislative debasement of religion in one way, by shew- ing that the legislature has contributed to its debasement in another, what resemblance does the saciament of the Lord's Supper, which is merely a religious institution, bear to the ceremony of an oath, which is an institution entirely political ? An oath answers none of the purposes of religion i it neither promotes any of her interests, nor forms any prirt of her establishment. It belongs to the Je\y, the Mahometan, and the idolator of every descrip- tion, as much as it belongs to the Christian ; but such are the arguments b) which the Test and Corporation acts have ever been defended." SPEAKER. Ertract from a Speech of Mr. Fox^ on the same subject^ May 2d, 1790. « Were we to recur to first principles, and observe the progress of the Christian religion in the first stages of its propagation, we should perceive that no vice, evil, or de- triment had ever sprung from toleration. Persecution had always been a fertile source of much evil : perfidy, cruel- ty, and murder had often been the co .sequence of intole- rant principles. The massacres at Paris, the martyrdom at Smithfield, and the executions of the Inquisition, were among the many horrid and detestable crimes which had at different times originated solely from persecution. To suppose a man wicked, or immoral, merely on account of any difference of religious opinion, was as false as it was absurd ; yet this was the original principle of persecution* Morality was thought to be most efiectually enforced and propagated, by insisting on a general luiity of religious sen- timents \ the dogmas of men in power were to be substitut- ed in the room of every other religious opinion, as it might best answer the ends of policy and ambition ; it proceeded entirely on this grand fundamental error, that one man could better judge of the religious opinions of another than the man himself could. Upon this absurd principle, per- secution might be consistent ; but in this it resembled mad= ness ; the characteristic of which v;as, acting consistently upon wrong principles. The doctrines of Christianity might h.ivc been expected to possess sufficient influence to- counteract this great error : but the reverse had proved to be the case. Torture and death had been the auxiliaries of persecution — ihe grand engines used in support of one particular system of religious opinion, to the extero.^i nation of every other. Toleration proceeded on direct contrary principles. Its doctrines, he was sorry to say, even ia this enlightened age, were but of a modern date in any part of the world. Before the reign of king V/iLLiAirr^ it had not a footing in England* The celebrated act of toleration of that reign, notwithstanding the boasted Iibe?- lality of its prmciple^ was narrow, confined, and inconx- plcte. What was it, but a toleration of thirty-four arti- cles, out of thirty-nine prescxibed as the standard of be-' Q 2 ir4 AMERICAN lief in matters of religion ? Was any tolerated who did not subscribe to the thirty-four articles in question ? No ! Strict and implicit conformity to these was enjoined on ac- cepting any civil employment. Persecution indeed origi- nally might be allowed to proceed on this principle of kind- ness — to promote an union of religious opinion, and to pre- vent error in the important matters of Christian belief. But did persecution ever succeed .in this truly humane and charitable design ? Never — Toleration, on the other hand, was founded on the broad and liberal basis of rea- son and philosophy. It consisted in a just diffidence of our own particular opinion, and recommended universal charity and forbearance to the world around us. The true friend of toleration ought never to impute evil intentions to another, whose opinions might, in his apprehensions, be {attended with dangerous consequences. The man pro- fessing such opinions might not be aware of any evil a:- tached to his principles ; and therefore to ascribe to such a person any hostile intention, when his opinions only might be liable to exception, was but the height of illibe- rality and uncharitableness. Thus much obloquy and un^ founded calumny had been used to asperse the character of the Roman Catholics, on account of the supposed ten- dency of their religious tenets to the commission of mur- der, treason, and every other species of horrid crimes, from a principle of conscience ! What was this, but a base im- putation of evil intentions, from the uncharitable opinions entertained of that profession as a sect ? He lamented their errors ; rejected their opinions, which appeared danger- ous ; was ready to confide in liieir good professions ; and v/as v/iiling to appeal to the experience of this enlightened agt-, if they had not been accused unjustly^ and condemn- td uncharitably. For would any runn say, that every duly of inocality was not practised in those countries, in which the Koman Catholic religion was established and profess- ed I Would it not be an im.putation as palpably false, as it would be illiberal, for any one to utter such a foul, un- Tiici ited, and indiscriminate calumny ? But tiiis v/as always Jiie haughry> arrogant, and illiberal language of persecu- tior\^, which led men to judge uncharitably, and to act with bitter intolerance.. Persecution always said, ' I knovy the vi'i'^ec^ueaces of your opinio|i better thap you know them SPEAKER. 175 yourselves.' But the language of toleration was always amicable, liberal, and just; it confessed its doubts, and ac- knowledged its ignorance. It said, * Though I dislike your opinions, because I think them dangerous, yet, since you profess such opinions, I will not believe you can think such dangerous inferences flow from them which strike my attention soibrcibly.' This was truly a just and legi- timate mode of ryasoning, always less liable to error, and more adapted to human affairs. When we argued a pos- teriori^ judging from the fruit to the tree, from the effect to the cause, we were not so subject to deviate into error and falsehood, as when we pursued the contrary method of argument. Yet persecution had always reasoned from cause to effect, frc-m opinion to action, which proved gc- nerallv erroneous ; while toleration led us invariably to form just coiiclusions, by judging from actions, and not from opinions. Hence every polilical and religious test was extremely absurd ; and the only test, in his opinion, to be adopted, ought to be a man's actions. He had the most perfect conviction, that Test laws Irad nothing to do %vith civil aifairs. A view of civil society throughout the world must convince every reasonable person, that specu- lative opinions in religion had liitle or no influence upon the moral conduct, without which all religion were vain. Such was the great absurdily of the present Test laws, that a man who favoured arbitrary power in his sentiments; ^\ho should consider the abolition of trial by jury as no violation of liberty, nor the invasion of the freedom, and law of .parliitmcnt any infraction of the constitution; yet such a nvan, in defiance of the present Test laws, might ea- sily pave the way to the very first situations in the state* Ihcre was no political test to bind him ; the custom of the country had destrvcdly explodetl such absurd rtstraintSc No alarm was excited by political speculations; the law considered no man's opinions either hostile or injurious to the state, until such opinions were reduced into action. Then, and then only, was th pr«^'^.umption. SPEAKER. 197 But if gentlemen can entertain a doubt of the mischief of these propositions, are they convinced of their safety ? the safety of giving up the government of your trade ? No ! the mischief is prominent, but the advantage is of a most enigmatical nature. Have gentlemen considered the subject, have they traced even the map of the countries, the power or freedom of trading with whom they are to surrender for evei ? Have they traced the map of Asia, Africa, and America f Do they know the French, Dutch, Portuguese, and Spanish settlements ? Do they know the neutral powers of those countries, their produce, aptitudes and dispositions ? Have they considered the state of North America ? its prefient state, future groxvth^ and every op' portunity in the endless succession of time attending that nurse of commerce^ and asylum of mankind? Are they now competent to declare, on the part of themselves and all their posterity, that a free trade to those regions will never, in the efflux of time, be of any service to the king- dom of Ireland ? If they have information on this sub- ject, it must be by a communication with God, for they have none with man: it must be inspiration, for it cannot be knowledge. The Speech of Lord Erskine in the House of Lords in Eng- land^ on cruelty to Animals. INIy Lords, I am now to propose to the humane consideration of thf) House, a subject which has long occupied my attention^ and which I own to your Lordsships is very near my heart. It would be a painful and disgusting detail, if I were to endeavour to bring before you the almost innumerable instp '^es of cruelty to animals, which are daily occurring in this country, and which, unfortunately, only gather strength by any efforts of humanity in individuals to re press them, without the aid of the law* These unmanly and disgusting outrages are mo3t fre- quendy perpetrated by the basest and most worthless .; in- capable, for the most part, of any reproof which can raach. the mindj and who know no more of th<» hw, than that z$: S 2. 198 AMERICAN suffers them to indulge their savage dispositions with im- punity. Nothing is more notorious, than that it is not only use- less, but dangerous, to poor suffering animals, to reprove their oppressors, or to threaten them with punishment. The general answer, with the addition of bitter oaths and increased cruelty, is, " What is that to you ?" If the offender be a servant, he curses you, and asks if you are his master ? and if he be the master himself, he tells you that the animal is his own. Every one of your Lordships must have witnessed scenes like this. A noble Duke, whom I do not see in his place, told me only two days ago, that he had lately received this very answer, i'he validity of this most infamous and stupid defence, a- nses from that defect in the law which I seek to remedy. Animals are considered as property only — To destroy or to abuse them, from malice to the proprietor, or with an intention injurious to his interest in them, is criminal ; but the animals themsehes are xvithout protection — the law re- gards them not $iibsta?2tiveli/—ihcy have no rights ! I will not stop to examine, whether public cruelty to animals may not be, under many circumstances, an indict- able offence : I think it is, and if it be, it is so much the better for the argument I am about to submit to your Lordships. But if even this were clearly so, it would fall very short of the principle which I mean anxiously and earnestly to invite the House to adopt. I am to usk your Lordships, in the name of that God who gave to man his dominion over the lower world, to acknowledge and re- oognize that dominion to be a Moral Trust. It is a pro- position which no man living can deny, without denying the whole foundation of our duties, and every thing tlie Bill proposes will be found to be absolutely corollary to Its establishment ; except, indeed, that from circumstances inevitable, the enacting part v/iil fall short of that which the indisputable principle of the preamble would warrant* Nothing, my Lords, is, in my opinion, more interest- ing, than to contemplate the helpless condition of Man, with all his godlike faculties, when stripped of the aids which he receives from the numerous classes of inferior beings, whose qualities, and pov.ers, and instincts, are ad- mirably and wondcxluUy eonstrucud for his use* If, in SPEAKER. 199 the examination of these qualities, powers, and instincts, i we could discover nothing else, but that admirable and ! wonderful construction for man*s assistance ; if we found I no organs in the animals for their own gratification and happiness — no sensibility to pain or pleasure — no grateful sense of kindness, nor suffering from neglect or injury — I no senses analogous, though inferior to our own : if we i' discovered, in short, nothing but mere animated matter, obviously and exclusively subservient to human purposes, j it would be difficult to maintain that the dominion over them was a trust ; in any other sense, at least, than to make I the best use for ourselves of the property in them which Providence "had given us. But, my Lords, it calls for no deep or extended skill in natural history, to know that the very reverse of this is the case, and that God is the bene- volent and impartial author of all that he has created. P'or every animul which comes in contact with mnn, and whose powers, and qualities, and instincts, are obviously con- structed for his use, Nature has taken the same care to provide, and as carefully and bountifully as for man him- self, organs and feelings for its own enj »yment and happi- ness. Almost every sense bestowed upon man, is equally bestowed upon then. — seeing, hearing, feeling, thinking, the sense of pain and pleasure, the passions of love and anger, sensibility to kindness, and pangs from unkindness and neglect, are inseparable characterisiics of their natures, ns much as of our own. Add to this, my Lords, that the justest and tenderest consideration of this benevolent sys- tem of Nature, is not only consistent with the fullest do- minion of man over the animal world, but establishes and improves it. In this, as in every thing else, the whole iv.oral systtm is inculciUed by the pursuit of our own hap- piness. In this, as in all other things, our duties and our interests are inseparable. I defy any man to point out any cu>e abuse of a brute which is property, by its owner, which is not directly against his own interest. Is it posssible, then, my Lords, to contemplate this wonderful arrange- ment, and to doubt, for a single moment, that our domi- nion over animals is a trust? They are creattd indeed for our use, but not for our abuse : their freedom and «: njoy- ments, when they cease to be consistent with our just do- minion and enjoyments, can be no part of their natures ; 200 AMERICAN but whilst they are consistent, their rights, subservient as they are, ought to be as sacred as our own. And ahhough certainly, my lords, there can be no law for man in that respect, but such as he makes for himself, yet I canaot conceive any thing more sublime, or interesting, more greateful to heaven, or more beneficial to the world, than to see such a spontaneous restraint imposed by man upon himself. This subject is most justly treated by one of the best poets in our language. Mr. Cowper, in the Task, says: — The sum is this- If man's convenienct^ health, or s:ifety Interfere, his rights and chtims are paramount, And must extinguish their's, else they are all"— — Every other branch of our duties, when subject to fre= quent violation, has been recognized and inculcated by our laws, and the breaches of them repressed by punish- ments ; and why not in this, where our duties are so im- portant, so universally extendi d, and the breaches- of them so frequent and so abominc hie ? But in what I am propcsmg to your Lordships, disin- terested virtue, as in ail o:her cases, will have its own cer- tain reward. The humaniiyyou shall extend to the low- er creation will come abundantly round in its consequences to the whole human race. The moral sense which this law will awaken and inculcate, cannot but have a most powerful effect upon our feelings and sympathies for one another. The violences and outrages committed by the k)v-er orders of the people, are offences more owing to want of thought and reflection, than to any malignant prin- ciple ; and v^'hatever, therefore, sets them a-thinking upon the duties of humanity, more especially where they have no rivalries nor resentments, and where there is a peculiar generosity in forbearance and compassion, has an evident tendency to soften their natures, and to moderate their passions, in their dealings with one another. The effect of laws which promulgate a sound moral principle, is incalculable ; I have traced it in a thousand instances, and it is impossible to describe its value. SPEAKER. 201 My Lords, it was in consequence of these simple views, and on those indisputable principles, that I have framed ihe preamble of the vary short Bill which I now present for a second reading to the House. I might without pre- amble or preface, have proposed at once to enact, if not to declare wilful and wanton cruelty to the animals compre- ficnded in it to be a misdemeanor, looking, as I now do, to the Commons to enforce the sanction of the law by pe- cuniary penalties. But then the grand efficacious princi- ple would have been obscured ; which, if fortunately adopted by your Lordships, will enact this law as a spon- taneous rule in the mind of every man who reads it — • which will make every human bosom a sanctuary against cruelty — which will extend the influence of a British sta- tute beyond even the vast bounds of British jurisdiction ; and consecrate, perhaps, in all nations, and in all ages, that just and eternal principle, which binds the whole living world in one harmonious chain, under the dominion of en- lightened man, the lord and governor of all. I will now read to your Lordships, the preamble as I have framed it. " Whereas it has pleased Almighty God to subdue to the dominion, use, and comfort of man, the strength and faculties of many useful animals, and to provide others for his food ; and whereas the abuse of that dominion, by cru- el and oppressive treatment of such animals, is not only highly unjust and immoral, but most pernicious in its ex- ample, having an evident tendency to harden the heart a- gainst the natural feelings of humanity." This preamble may be objected to as too solemn and unusual in its language ; but it must be recollected, that the subject of the Bill is most peculiar and unusual ; and it being impossible to give practicable effect to the princi= pie in its full extent, it became the more necessary, in cre- ating a duty of imperfect obligation, u'here legal restraints would be ineffic icious or impossible, to employ language calculated to make the deepest impression upon the hu- man mind, so as to produce, perhups, more than the ef- fect of lav/, where the ordinary sanctions of law v/ere wanting. It may be now asked, my Lords, why, if the principle of the Bill be jusily unlolded by this preamble,, the en- I 202 AMERICAN acting part falls so very short of protecting the whole ani- iTial world, or at all events those parts of it which conie "within the reach of man, and ^vhich may be subject to a- buse. To that I answer — It does protect them to a cer- tain degree, by the very principle which I have been sub- mitting to your consideration, and to protect them further, would be found to be attended with insurmountable diffi- culties, and the whole bill might be wrecked by an imprac- ticable effort to extend it. But I shall be happy to follow others in the attempt. The Bill, however, as it regards all animals, creates a duty of imperfect obligation; and your Lordships are very well aware, that there are very many and most manifest and i<«portant moral duties, the breach- es of which human laws cannot practically deal with, and this I fear will be found to be the case in the subject now under consideration. Animals living in a state of nature, would soon over- run the earth, and eat up and consume all the sustenance of man, if not kept down by the ordinary pursuits and des- truction of them, by the only means in which they can be kept down and destroyed ; and it is remarkable, that other animals have been formed by Nature, with most manifest instincts to assist us in this necessary exercise of dominion; and, indeed, without the act of man, these animals would themselves prey upon one another, and thus be visited by death, the inevitable lot of all created things, in more pain- ful and frightful shapes. They have, besides, no know- ledge of the future, and their end, when appropriated fit- ly for our food, is without prolonged suffering. This eco- nomy of Providence, as it regards animals, which from age to age have lived in an unreclaimed state, devoted to the use of man and of each other, may serve to reconcile the mind to that mysterious state of things in the present fallen and imperfect condition of the world. This str.te of wild animals is further strikingly illustrat- ed, by the view of such of them as have been spared from the human huntsman, or the more numerous tribes of ani- mals of prey. They are swept away by the elements in hard wint-ers, retiring as most of them do, to a solitary, protracted, and painful death. Old age, my Lords, even amongst men, is but a rare Llessing ; amongst such brutes, perhaps, never. Old age SPEAKER/ 203 can only be supported in comfort by that aid and tender- ness from others, arising from the consciousness of those ties of nature, which it has not pleased the Divine Provi- dence to dispense to the lower world ; but which, as the greatest of all blessings, it has communicated to man. — When the brutes have fulfilled their duties to their young for their protection, they know them no more, and die of old age, or cold, or hunger, in view of one another, with- out sympathy or mutual assistance, or comfort. It is the same, to a certain extent, with regard to those reclaimed animals devoted to man's use for food, whose faculties, as far as our observation is capable of a just com- parison, approach nearer to human reason The old age even of such animals, for the reasons adverted to, would seldom be satisfactory. When they pass, therefore, from life to death, in a manner which gives them no foretaste of their doom, and consequently no sense of pain or sorrow in the road to it, the ways of God are justified to man. The Bill, therefore, as it regards wild animals, could not easily have been framed for practicable operation, ex- cept by sanctioning as it does the principle of the pream- ble, which will, I trust, insensibly extend its influence to the protection of every thing that has life ; by bringing ha- bitually into the view of the mind the duties of imperfect obligation which it inculcates ; and with regard to animals bred by man, or reclaimed for food, it will directly pro- tect them against the cruelties which are generally com- mitted on them, viz. the unmercifully driving them and beating them on thtir passage to fairs and markets, and a- gainst unnecess;:^ry sufferings in the hour of death. As to the tendency of barbarous sports of any kind or description whatsoever, to nourish the national character- istic of manliness and courage, the only shadow of argu- ment I ever heard upon such occasions, all I can say is this : that, from the mercenary battles of the lowest of beasts (viz. human boxers) up to those of the highest and noblest tliat are tormented by man for his degradmg pas- time, I enter this public protest against it. I never knew a man remarkable for heroic bravery, whose very aspect was not lighted up by gentleness and humanity ; nor a ktlU him and eat-him countenance, that did not cover the h^aiS of a bully, or a poltron. 204 AMERICAN As to other reclaimed animals, which are not devoted to our use as food, but which are most wonderfully orga- nized to assist man in the cultivation of the earth, and by their superior activity and strength, to lessen his labour in the whole circle of his concerns, different protections be- come necessary, and they are also provided for by the Bill, and without the loss or abridgment of any one right of property in such animals. On the contrary, all its provi- sions protect them, as property, from the abuses of those to whose care and government their owners are obliged to commit them. They also reach the owners themselves, if, from an inordinate desire of gain, or other selfish conside- rations, they abuse the animals, their property in which is limited to the use. It would by wasting your Lordship's time, if I were to enumerate the probable cases which this part of the Bill will comprehend. It is well observed by an Itahan philo- sopher, " that no man desires to hear what he has already seen." Your Lordships cannot have walked the streets, or travelled on the roads, without being perfectly masters of this part of the subject. You cannot but have been almost daily witnesses to most disgusting cruelties practised upon beasts of carriage and burthen, by the violence and bruta- lity of their drivers. To distinguish, such brutality and criminal violence, from severe, but sometimes necessary discipline, may at first view appear difficult, and on that account a serious objection to the Bill ; but when I come to that part of the subject, I pledge myself to shew that it involves no difficulty whatsoever. But there are other a^ buses far more frequent and important, which will require a more particular consideration. For one act of cruelty in servants, there are an hundred in the owners of beasts of la- bor and burthen, sometimes committed by the owners alone, from a scandalous desire of gain, and sometimes in a most unworthy partnership with their superiors, who are equal- ly guilty, with no gain at all, nor for any motive that it would not be disgraceful to acknowledge. I allude, my Lords, to our unhappy post-horses. It is not my wish, my Lords, to be a fanciful reformer of the world, nor to exact that the manners and customs of a highly-civi- lized nation should be brought to the standard of simplici- ty and virtue, if indeed such a standard ever existed upon speaker: 205 earth. I do not seek to appoint inspectors to examine the books of innkeepers, so as to punish any excess in the num- bers of their stages, as you do an excess of outside pas- sengers on the roofs of coaches. I know there are very many cases (which could not be brought strictly within the scope of necessities) where these poor animals must grie- vously suffer, yet where no law can properly reach to pro- tect them. The demands, though not imminent, of hu- man health, and even of convenience ; the occasional exi- gencies of commerce ; the exercise of franchises ; and many other cases which must occur to every body, would furnish obvious exceptions without violation of the prin- ciple, and which every court and magistrate would know how to -distinguish. But the Bill, if properly executed, would expose innkeepers to a reasonable punishment, who will palpably devote an innocent animal to extreme mise- ry, if not to death itself, by a manifest and outrageous ex- cess of labour, rather than disoblige a mere traveller, en- gaged in no extraordinary business, lest in future he should go to the inn opposite — when the law shall give a rule for both sides of the way, this most infamous competition will be at an end. For my own part, my Lords, I can say with the greatest sincerity to your Lordships, that nothing has ever excited in my mind greater disgust, than to observe what we all of us are obliged to see every day in our lives, horses panting — what do I say ! literally dying under the scourge; when, on looking into the chaises, we see them carrying to and from London, men and women, to whom, or to others, it can be of no possible signification whether they arrive one day sooner or later, and sometimes indeed whether they ever arrive at all. More than half the post-horses that die from abuse in harness, are killed by people, who, but for the mischief I am complaining of, would fall into the class described by Mr. Sterne, of sim- ple or harmless travellers, galloping over our roads for neither good nor evil, but to till up the dreary blank in un- occupied life. I can see no reason, why all such travel- lers should not endeavour to overcome the ainui of their lives, without killing poor animals, more innocent and more useful than themselves. To speak gravely, my Lords, I maintain, that human idleness ought not to be T 206 AMERICAN permitted, by the laws of enlightened man, to tax for no- thing, beyond the powers which God has given thvm, the animals which his benevolence has created lor our assist- ance. But another abuse exists, not less frequent and much more shocking, because committed under the deliberate calculation of intolerable avarice, I allude to the prac- tice of buying up horses, when past their strength, from old age or disease, upon the computation (I mean to speak literally) of how many days torture and oppression they are capable of living under, so as to return a profit with the addition of the flesh and skin, when brought to one of the numerous houses appropriated for the slaughter of horses. If this practice only extended to carrying on the fair work of horses to the very latest period of labour, in- stead of destroying them when old or disabled, I should approve, instead of condemning it. But it is most noto- rious, that with the value of such animals, all care of them is generally at an end, and you see them (I speak literal- ly, and of a systematic abuse) sinking and dying under loads, which no man living would have set the same horse to, when in the meridian of his strength and youth. This horrid abuse, my Lords, which appears at first view to be incapable of aggravation, is nevertheless most shockingly aggravated, when the period arrives at which one would think cruelty must necessarily cease, when ex- hausted nature is ready to bestow the deliverance of death. But even then a new and most atrocious system of tor- ture commences, of which, my Lords, I could myself be a witness in your committee, as it was proved to my own perfect satisfaction, and that of my friend Mr. Jekyll, upon the information of a worthy magistrate, who called our at- tention to the abuse. But, perhaps, my Lords, I shall bet- ter describe it, as it will at the same time afford an addi- tional proof of these hideous practices, and of their exist- ence at this hour, by reading n letter which I received but two days ago, the facts of which I am ready to bring in proof before your Lordships. Here Lord Erskine read an extract from a letter, which stated — " A very general practice of buying up horses still alive, but not capable of being even further abused by any kind of SPEAKER. 207 labour. These horses, it appeared, were carried in great numbers to slaughter-houses, but not killed at once for their flesh and skins, but left without sustenance, and li» terally starved to death, that the market might be gradu- ally fed; — the poor animals, in the mean time, being re- duced to eat their own dung, and frequently gnawing one another's manes in the agonies of hunger." Can there be a doubt, my Lords, that all such shocking practices should be considered and punished as misde- mtanors? Here again it may be said that the Bill, in this part of it, will invest magistrates with a novel and danger- ous discretion. I am not yet arrived at that part of the case, though I am fast approaching it; when I do, 1 pledge myself without fear, to maintain the contrary, to the satis- faction of every one of your Lordships, more especially including the learned Lords of the House. No less fre- quent and wicked an abuse, is the manifest overloading of carriages and animals of burthen, particularly asses ; and as far as this poor animal is unjustly considered an emblem of stupidity, the owners who thus oppress him are the greater asses of the two. The same may be said of ke p- ing animals without adequate food to support their strengih, or even their existence — this frequently happens to beasts impounded for trepasses ; I have had complaints of this abuse from all parts of the country. The notice to the owner is seldom served, and thus the poor innocent ani- mal is left to starve in the pound. As far as an animal is considered merely as property, this may be all very well, and the owner must find him out at his peril j but when the animal is looked to upon the principle of this Bill, the i'Tipounder ought to feed him, and charge it to the owner as part of the damages. Only one other offence remains, which I think it neces- sary to advert to, which it is diiHcult sufticiently to expose and stigmatize, from the impudence with which it is every day committed ; as if the perpretators of this kind of wick- edness were engaged in something extremely entertaining and innocent, if not meritorious. I allude to those extra- vagant bets for trying the strength and indurance of horses; not those animating races, properly so called, which the" horse really enjoys, and which, though undoubtedly at- tended with collateral evils, has tended greatly to improve 208 AMERICAN the breed of that noble and u»»ful animal. The contests \^hich I consider as wilful and wanton cruelty, are of a different kind: I maintain, that no man, without being guilty of that great crime, can put it upon the uncertain and mercenary die, whether in races against time — no — not properly so called, but rather journies of great dis- tances within limited periods, the exertions shall very far exceed the ordmary power which nature has bestowed on the unhappy creature, thus wickedly and inhumanly per- verted from the benevolent purposes of their existence. All the observjitions I have just been making to your Lordships, undoubtedly apply to the maliciously torment- ing any animal whatsoever, more especially animals which we have voluntarily reclaimed and domesticated ; and yet I fairly own to your Lordships, that as the Bill was origi- nally drawn, and as it stood until a fev/ days ago, it wbuld not have reached many shameful and degrading practices. The truth is, that I was afraid to run too rapidly and di- rectly against prejudices. But, on conversing with very enlightened and learned men, I took courage in my own original intention, and introduced the concluding clause, which comprehended the wickedly and wantonly torment- ing any reclaimed animal ; the effect of which in practice, 1 will explain hereafter, when I con;C ^^ shew the practi- cability of executing the law without trespassing upon the just rights and privileges of mankind. If your Lordships, however, shall ultimately differ from me in this part of the subject, you can strike out this clause in the committee, I have purposely kept it quite distinct and separate fronn the rest of the Bill, as I originally framed it, being resolv- ed to carry an easy sail at first, for fear of oversetting my vessel, in a new and dangerous navigation. I now come, my J^ords, to the second part of the case, which will occupy but a small portion of your Lordship's time, on which 1 am afraid I have trespassed but too long already. Supposing, now, your Lordships to be desirous of sub- scribing to the principles I have opened to you, and to feel the propriety of endeavouring to prevent, as far as possi- ble, the inhuman cruelties practised upon animals, so ge- neral and so notorious, as to render a more particular state- ment cf them as unnecessary as it would have been dh- SPEAKER. 200 gusting: the main question will then arise, viz. how the ja- risdiction erected by this Bill, if it shall pass into a law, may be executed by courts and magistrates, without investing them with a new and arbitrary discretion. My Lords, I feel the great importance of this conside- ration, and I have no desire to shrink from it ; on the con- trary, I invite your Lordships to the closest investigation of it, and for that purpose I will myself anticipate every possible objection of that description, and give your Lordships, in a very few words, the most decisive answers to them. How, it may be first asked, are magistrates to distin- guish between the justifiable labours of the animal, which from man's necessities are often most fatiguing, and appa- rently excessive, and that real excess which the Bill seeks to punish as wilful, wicked, and wanton cruelty? How are they to distinguish between the blows which are ne- cessary, when beasts of labour are lazy or refractory, or even blows of sudden passion and temper, from deliberate, cold-blooded, ferocious cruelty, which we see practised every day we live, and which has a tendency, as the pre- amble recites, to harden the heart against all the impulses C'f humanity ? How, m the same manner, are they to distinguish be- tween the fatigues and sufferings of beasts for slaughter, in their melancholy journeys to death in our markets, from unnecessary, and therefore barbarous, aggravations of them ? Here, my Lords, I am at home : — here I know my course so completely, that I can scarcely err. I am no speculator upon the effect of the law which I propose to you, as the wisest legislators must often be, who are not practically acquainted with the administration of justice. Having passed my life in our courts of law when filled with the greatest judges, and with the ablest advocates, who from time to time have since added to their number, I know with the utmost precision, the effect of it in prac- tice, and I pledge myself to your Lordships, that the exe- cution of the Bill, if it passes into law, will be found to be most simple and easy ; raising up no new principles of law^ and giving to courts no larger discretion nor more diSicult T 2 210 AMERICAN subjects for judgment, than they are in the constant course of exercising. First of all, my Lords, the law I propose to your Lord- ships is not likely to be attended with abuse in prosecu- tion ; a very great, but I am afraid, an incurable evil in the penal code. I stimulate no mercenary informer*, which I admit often to be necessary to give effect to criminal jus- tice ; I place the lower creation entirely on the genuine unbought sympathies of man. No one is likely to prosecute by indictment, or to carry a person before a magistrate, without probable, or rather "without obvious and flagrant cause, when he can derive no personal benefit from the prosecution, nor carry it oa without trouble and expense. The law is, therefore, more open to the charge of inefficacy, than of vexation. It can indeed have no operation, except when compas- sionate men (and I trust they will become more numerous from the moral sense which this Bill is calculated to awa- ken) shall set the law in motion against manifest and dis- gusting offenders, to deliver themselves from the pain and horror which the immediate views of wilful and wanton cruelty is capable of exciting, or is rather sure to excite, in a generous nature. What possible difficulty then can be imposed upon the magistrate, who has only to judge upon hearing, from his own humane feelings, vvhat such disinterested informers have judged of from having seen and felt. The task is surely most easy, and by no means novel. Indeed, the ^vhole administration of law, in many analogous cases, con- sists in nothing else but in discriminations, generally more difficult in cases of personal wrongs. Cruelty to an apprentice, by beating, or over-labour, is judged of daily upon the very principle which this Bill v^ill bring into action in the case of an oppressed animal* To distinguish the severest discipline, to command obe- dience, and to enforce activity in such dependents, from brutal ferocity and cruelty, never yet puzzled a judge or a jury, never ?.t least in my very long experience ; and when want of sustenance is the complaint, the most culpa- ble over-frugality is never confounded with a wicked and malicious privation of food. SPEAKER. 211 The same distinctions occur frequently upon the plea of moderate chastisement, when any other servant complains of his master, or when it becomes necessary to measure the degree of violence, v/hich is justifiable in repelling vio- lence, or in the preservation of rights. In the same manner, the damage from a frivolous as- sault or of a battervi the effect of provocation or sudden temper, is daily distinguished in our courts, from a severe and cold-blooded outrage. A hasty word, which just con- veys matter that is actionable, is, in the same manner, dis- tinguished in a moment from malignant and dangerous slander. Mistakes in the extent of authority, which hap- pen every day in the discharge of the complicated dutits of the magistracy, are never confounded for a moment, even when the)- have trenched severely upon personal lib- erty, with an arbitrary and tyrannous imprisonment. Un- guarded or slight trespasses upon property, real or perso- r.al, are in the same way the daily subjects of distinction from malicious deprivations of rights, or serious interrup- tions of their enjoyment. Similar, or rather nicer distinctions, are occurring daily in our courts — when libel or no libel is the question. A line must be drawn between injurious calumny, and fair, though, perhaps, unpleasant animadversion ; but plain good sense, without legal subdety, is sure to settle it v/ith just- ice — so every man mr.y enjoy what is his own, but not to the injury ol his neighbour. What is an injury, or what only a loss, without being injurious, is the question in all cases of nuisance, and they are satisfactorily &«^ttled by the common understandings and feelings of mankind. My Lords, there would be no end of these analogies, if I were to pursue them ; I might bring my whole pro- ft-s^ional life, ibr near thirty years, in review before your Lordships. I appeal to the learned Lords of the House, whether these distinctions are not of daily occurrence. I appeal to my noble and learned friend on the woolsack, whether^ when he sat as chief justice of the Common Pleas, he found any difBculty in these distinctions. I appeal to my noble and learned friend who sits just by him, whose use- ful and valuable life is wholly occupied amidst these ques- tions, whether they are doul?Lful and dangerous in the deci- 212 AMERICAN sion, and whether they are not precisely in point with the difficulties which I have anticipated, or with any others which opponents to the Bill can possibly anticipate. I make a similar appeal to another noble and learned friend, who has filled the highest situation ; I do not see him at this moment in his place, but to him also I might make the same fearless application. I cannot, therefore, conceive a case on which a magis- trate would be exposed to any difficulty under this Bill, if it should pass into a law. The cruelties which I have already adverted to, are ei- tlier committed by owners, or by servants, charged with the care and government of horses and other cattle. If the owner unmercifully directs them to be driven to most un- reasonable distances, or with burthens manifestly beyond their powers ; if he buys them up when past the age of strength, not for a use correspondent to their condition, but upon the barbarous and wicked computation of how long they can be tortured to profit ; in neither of these cases can the cruelty be imputed to the servant whom you meet upon the road, struggling to perform the unjust com- mands of his employer. The master is the obvious cul- prit — respondent superior — the spectators and the servant are the witnesses — and these are the cases where an in- dictment would operate as a most useful example, without oppression, to those who thus offend systematically against every principle of humanity and justice. On the other hand, when no cruel commands are given to the servant, but his own malice offends at once against his master and the unhappy animal which he wickedly a- buses, he of course is alone responsible ; and these are the cases in which a summary jurisdiction would be most ge- nerally resorted to, as more favourable at once to the dis- interested informer and to the offender, who would be thus punished with a small penalty, and be delivered from an expensive prosecution. The other House of Parliament will no doubt accom- plish this in the further progress of the Bill. But in neither of these cases, which comprehend, indeed, every abuse which the Bill extends to, is there any kind of danger that it will work oppression, or produce unc€r» uinty in decisions SPEAKER. 213 A man cannot, if an owner, be the subject of an indict- ment, because he may have been less considerate and mer- ciful than he ought to be ; nor, if a servant, for an unrea- onable blow of temper upon an unmanageable charge. No, my Lords ! Every indictment or information before a magistrate must charge the offence to De committed ma- liciously, and with wanton cruelty, and the proof must correspond with the charge. This Bill makes no act what- ever a misdemeanor that does not plainly indicate to the court or magistrate a malicious and wicked intent ; but this generality is so far from generating uncertainty, that I appeal to every member in our great profession, wheth- er, on the contrary, it is not in favour of the accused, and analogous to our most merciful principles of criminal just- ice ? So far from involving the noagistrate in doubtful dis- criminations, he must be himself shocked and disgusted before he begins to exercise his authority over another. He must find malicious cruelty ; and what that is can ne- ver be a matter of uncertainty or doubt, because nature has erected a standard in the human heart, by which it may be surely ascertaitied. This consideration surely removes every difficulty from the last clause, which protects from wiUul, malicious, and wanton cruelty, all reclaimed animals. Whatever m-^y »-« the creatures which, by your own voluntary act,. you chuse to take from the wilds which nature has allotted to them, you must be supposed to exercise this admitted dominion for use, or for pleasure, or from curiosity. If for use, en- joy that use in its plenitude ; if the animal be fit for food, enjoy it decently for food ; if for pleasure, enjoy that plea- sure, by taxing all its faculties for your comfort ; if for cu- riosity, indulge it to the full. The more we mix ourselves with all created matter, animate or inanimate, the more we shall be lifted up to the contemplation of God. But never let it be said, that the law should indulge us in the most atrocious of all propensities, which, when habitually in- dulged in, on beings beneath us, destroy every security of human life, by hardening the heart for the perpetration of all crimes. The times in which we live, my Lords, have read us an awful lesson upon the importance of preserving the mo- ral sympathies. We have seen that the highest state of 214 AMEI^ICAN refinement and civilization will not secure them. I go- lemnly protest against any allusion to the causes of the revolutions which are yet shaking the world, or to the crimes or mistakes of any individuals in any nation ; but it connects itself with my subject to remark, that even in struggles for human rights and privileges, sincere and lau- dable as they occasionally may have been, all human rights and privileges have been trampled upon, by barbarities far more shocking than those of the most barbarous nations, because they have not merely extinguished natural uncon- nected life, but have destroyed (I trust only for a season) the social happiness and independence of mankind, raising up tyrants to oppress them all in the end, by beginning with the oppression of each other. All this, my Lords, has arisen from neglecting the cultivation of the moral sense, the best security of states, and the greatest conso- lation of the world. My Lords, I will trouble your Lordships no longer than with admitting, for the sake of the argument, that there may be cases, especially in the beginning, where the exe- cution of the Bill may call for the exercise of high judi- cial consideration, through the dignity and learning of the supreme court of criminal jurisdiction. And here I can- not help saying, that it adds greatly to the security I feel upon this part of the subject, that when the Bill shall have received the sanction of Parliament, it will be delivered over to my noble and learned friend, who presides so ably in the Court of King's Bench. From his high authority, the inferior magistrates will receive its just interpretation, and, from his manly and expressive eloquence, will be add- ed, a most useful inculcation of its obligations : for I must once again impress upon your Lordships' minds, the great, the incalculable effect of wise laws, when ably administer- ed, upon the feelings and morals of mankind. We may be said, my Lords, to be in a manner new created by them — Under the auspices of religion, in whose steps- they must ever tread, to maintain the character of wisdom, they make all the difference between the savages of the wilder- ness, and the audience I am now addressing. The cruel- ties which we daily deplore, in children and in youth, a- rise from defect in education, and that defect in educa- tioDj from the very defect in the law, which I ask your SPEAKER. 20 Lordships to remedy. From the moral sense of the pa- rent re-animated, or rather in this branch created by the law, the next generation will feel, in the first dawn of their ideas, the august relation they stand in to the lower world, and the trust which their station in the universe imposes on them ; and it will not be left to a future Sterne to re- mind us, when we put aside even a harmless insea, that the world is large enough for both. This extension of be- nevolence to objects beneath us, becomes habitual by a sense of duty inculcated by law, will reflect back upon our sym- pathies to one another, so that I may venture to say firm- ly to your Lordships, that the Bill I propose to you, if it shall receive the sanction of Parliament, will not only be an honour to the country, but an aera in the history of the world- Extract from Mr* Sheridan^ s Speech on the Trial of JVar" ren Hastings, Should a stranger survey the land formerly Sirj ah Dow- lah's, and seek the cause of its calamity — should he ask, what monstrous madness had ravaged thus, with wide- spread war — what desolating foreign foe — what disputed succession — what religious zeal — what fabled monster has stalked abroad, and with malice and mortal enmity to man, has withered with the gripe of death every growth of na- ture and humanity — all the means of delight, and each original, simple principle of bare existence ? the answer will be, if any answer dare be given. No, alas ! not one of these things! no desolating foreign foe ! — no disputed suc- cession ! no religious superserviceable zeal! This damp of death is the mere effusion of British amity — we sink un- der the pressure of their support — we writhe under the gripe of their pestiferous alliance ! Thus they suffered — in barren anguish, and ineffectual bewail ings. And, O audacious fallacy ! — says the defence of Mr. Hastings — What cause was there for any inciden- tal ills, but their own resistance ? The cause was nature in the first-born principles of man. It grew with his growth ; it strengthened with his strength ! It taught him to understand j it enabled him to feel. For 216 AMERICA]^ where there is human fate, can there be a penury of hu- man feeling? — Where there is injury, will there not be re- sentment ? — Is not despair to be followed by courage ? The God of Battles pervades and penetrates the inmost spirit of man, and rousing him to shake off the burthen that is grievous, and the yoke that is galling, will reveal the law- written in his heart, and the duties and privileges of his nature — the grand, universal compact of man with man ! -*-That power is delegated in trust, for the good of all who obey it — That the rights of men must arm against man's oppresssion — for that indifference were treason to human state, and patience nothing less than blasphemy — against the laws which govern the world ! It was in some degree observable, that not one of the private letters of Mr. Hastings had been produced at any time. — Even Middleton, when all confidence was broken between them, by the production of his private corres- pondence at Calcutta, either feeling for his own safety or sunk under the fascinating influence of his master, did not dare attempt a retaliation ! — The letters of Middleton, however, were sufficient to prove the situation of the Na- bob, when pressed to the measure of resuming the Jag- hires, in which he had been represented as acting wholly from himself — He was there described as lost in sullen melancholy — with feelings agitated beyond expression, and with every mark of agonized sensibility. To such a degree was this apparent, that even Middleton was mo- ved to interfere for a temporary respite, in which he might be more reconciled to the measure. I am fully of opinion, said he, that the despair of the nabob must impel him to violence ; I know also that the violence must be fatal to himself — but yet I think, that with his present feelings, he will disregard all consequences. — Mr. Johnson also, the assistant Resident, wrote at the same time to Mr. Has- tin'^s to aver to him that the measure was dangerous, that it would require a total reform of the collection, which could not be made without a campaign ! — This was Brit- ish justice ! this was British huiianity ! Mr. Hastings ensures to the allies of the company in the strongest terms their prosperity and his protection ; — the former he secures by seadmg an army to plunder them of their wealth and to desolate their soil! — his protection is fraught with a simi- SPEAKER. 217 lar security ; — like that of a vulture to a Iamb — grappling in its vitals! — thirsting for its blood! — scaring off each petty kite that hovers around — and then, with an insulting perversion of terms, calling sacrifice, protection! An object for which history searches for any similarity in vain — The deep-searching annals of Tacitus — the lu- minous philosophy of Gibbon — ^11 the records of man's enormity, from Original Sin to this period in which we pronounce it, dwindle into comparative insignificance of enormity — both in aggravations of vile principles, and ex- tent of their consequential ruin ! — The victims of this oppression were confessedly destitute of all power to re- sist their oppressors ; but that debility, which from other bosoms would have claimed some compassion, with res- pect to the mode of suffering, here excited but the inge- nuity of torture ! Even when every feeling of the nabob was subdued, nature made a lingering, feeble stand within his bosom ; but even then that cold unfeeling spirit of ma- lignity, with whom his doom was fixed, returned with double acrimony to its purpose, and compelled him to in- flict on a parent that destruction, of which he was himself reserved but to be the last victim ! The counsel in recommending an attention to the public in preference to the private letters, had remarked in par- ticular, that one letter should not be taken as evidence, be- cause it was evidently and abstractedly private, as it con- tained in one part the anxieties of Mr. Middleton for the illness of his son — This was a singular argument indeed. The circumstance undoubtedly merited strict observation though not in the view in which it was placed by the coun- sel. — It went to shew that some at least of those concern- ed in these transactions, felt the force of those ties, which their efforts were directed to tear asunder — that those who could ridicule the respective attachment of a mother and a son — who would prohibit the reverence of the son to the mother who had given him life — who could deny to maternal debility the protection which filial tenderness should afford — were yet sensible of the straining of those chords by which they were connected. Ther» was some- thing in the present business — with all that was horrible to create aversion— :SQ vilely loathsome, as to excite disc-ust. U ^ 218 AMERICAN- — If it were not a part of my duty, it would be superflu- ous to speak of the sacredness of the ties which those a- liens to feeling. — those apostates to humanity had thus divided. — In such an assembly, as that before which I speak, there is not an eye but must look reproof to this conduct — not a heart but must anticipate its con- demnation—filial piety ! It is the primal bond of socie- ty — It is that instinctive principle, which, panting for its proper good, soothes, unbidden, each sense and sensi- bility of man ! — It now quivers on every lip ! — it now beams from every eye ! — It is that gratitude, which soft- ening under the sense of recollected good, is eager to own the vast countless debt it ne'er, alas ] can pay — for so ma- ny long years of unceasing solicitudes, honourable self denials, life-preserving cares ! — It is that part of our prac- tice, where duty drops its awe ! — where reverence refines into love! — It asks no aid of memory ! — It needs not the deductions of reaso.i I — Pre-existing, paramount over all, , whether law or human rule — few arguments can increase and none can dinunish it ! It is the sacrament of our na- ture — -not only the duty, but the mdulgence of man — It is his first great privilege — It is amongst his last most en- dearing delights ! — when the bosom glows with the idea of reverberated love — when to requite on the visitations of nature, and return the blessings that have been receiv- ed ! when — what was emotion fixed into vital principle — what was instinct habituaiied into a master passion — sways all the sweetest energies of man — hangs over each vicis- situde of all that must pass away — aids the melancholy virtues in their last sad tasks of life — to cheer the languors of decrepitude, and age^ — explore the thought — explain the aching eye !" He then proceeded to relate the circumstances of the imprisonment of Bahar Ally Cawn and Jewar Ally Cawn, the ministers of the nabob, on the grounds he had stated : vith them was confined that arch rebel Sumpshire Cawn, by whom every act of hostility that had taken place against the English, was stated to have been committed. — No en- quiry, however, was made concerning his treason, though many had been held respecting the treasure of the o- thers. He was not so far noticed as to be deprived of his SPEAKER. 219 food* ; nor was he even complimented with fetters ! and yet when he is on a future day to be informed of the mis- chiefs he was now stated to have done, he must think that on being forgotten, he had a very providc-ntial escape I— The others were, on the contrary> taken from their milder prison at Fyzabad ; and when threats could effect nothing, transferred by the meek humanity of Mr. Middleton to the fortress of Chunargur. There, where the British flag was flying, they were doomed to deeper dungeons, heavier chains, and severer punishments. There where that flag was displayed, which was wont to cheer the depressed, and to dilate the subdued heart of misery — these vene- rable, but unfortunate men were fated to encounter some- thing lower than perdition, and something blacker than despair ! It appeared from the evidence of Mr. Holt and others, that they were both cruelly flogged, though one was above seventy years of age, to extort a confession of the buried wealth of the Begums! Being charged with disaf- fection, they proclaimed their innocence. — *' Tell us where are the remaiwing treasares, (was the reply) — it is only a treachery to your immediate sovereigns: and you will then be fit associates for the representatives of British faiih and British justice in India ! — Oh ! faith. Oh justice ! exclaim- ed Mr. Sheridan, I conjure you by your sacred names to depart for a moment from this place, though it be your pe- culiar residence ; nor hear your names profaned by such a sacrilegious combination, as that which I am now com- pelled to repeat ! where all the fair forms of nature and art, truth and peace, policy and honor, shrunk back aghast from the deleterious shade ; where all existences, nefari- ous and vile, had sway ; where amicjst the black agents on one side, and Middleton with Impey on the other, the toughest bend, the most unfeeling shrink ! — the great fi- gure of the piece ; characteristic m his place ! aloof and iiidependent, from the puny profligacy in his train ! but * The following' note from Mr. Middleton to lieutenant Francis Rut- ledg-e dated January 20, 1782, had been read m evidence ; " Sir, _ " When this note is delivered to you by Hoolas Roy, I have to de- sire, that you order the two prisoners to be put in irons, keeping them iVom all food &.c. agreeable to my instructions of yesterday. (^'i?»ed) Natu. Miuoueto.n/' 220 AMERICAN far from idle and inactive, turning a malignant eye on all mischief that awaits him ! — the multiplied apparatus of temporising expedients, and intimidating instruments ! — now cringing on his prey, and fawning on his vengeance ! —now quickening the limping pace of craft, and forcing every stand that retiring nature can make in the heart ! — the attachments and the decorums of life ! — each emotion of tenderness and honor ! — and all the distinctions of na- tional characteristics ! — with a long catalogue of crimes and aggravations, beyond the reach of thought for human ma- lignity to perpetrate, or human vengeance to punish ! — lower than perdition — blacker than despair ! But justice is not this halt and miserable object ! It is not the ineffective bauble of an Indian Pagod ! — It is not the portentous phantom of despair — It is not like any fa- bled monster, formed in the eclipse of reason, and found in some unhallowed grove of superstitious darkness, and political dismay ! No, my lords ! In the happy reverse of all this, I turn from this dis- gusting ciiricature to the real imag^^j ! — Justice I have now i;efore nie august and pure ! the abstract idea of all that would be perfect in the spirits and the aspirings of men ! where the mind rises, where the heart expands : — where the countenance is ever placid and benign : where her fa- vorite attitude is to stoop to the unfortunate: — to hear their cry and to help them : — to rescue and relieve, to suc- ^courand save: — majestic, from its mercy: — venerable, from its utility : — uplifted, without pride : — firm, without obduracy: — beneficent in each preference:— lovely, though in her frown ! On that justice I rely: — Deliberate and sure, abstract- ed from all party purpose and political speculation ! — not on words, but on facts ! — you, my lords, who hear me, I conjure, by those rights it is your best privilege to pre- serve — by that fame it is your best pleasure to inherit — by all those feelings which refer to the first term in the se- ries of existence, the original compact of our nature — our controlling rank in the creation This is the call on all, to administer to truth and equity, as they would satisfy the laws and satisfy themselves — iwith the most exalted bliss, possible or conceivable for our nature : — The self- approving consciousness of virtue, when the condemnaUpn SPEAKER. 221 we look for will be one of the most ample mercies accom- plished for mankind since the creation of the world ! — My lords, I have done ! 3It\ Burkes Euloglum on Mr, Sheridaii's Speech against Warren Hastings^ June 5th^ 1798. " Mr. Sheridan has this day surprised the thousands, who hung with rapture on his accents, by such an array of talents, such an exhibition of capacity, such a display of powers, as are unparalleled in the annals of oratory ; a dis- play that reflected the highest honor upon himself, lustre upon letters, renown upon parliament, glory upon the coun- try. Of all species ot rhetoric, of every kind of eloquence, that has been witnessed, or recorded, either in ancient, or modern times ; whatever the acuteness of the bar, the dig- nity of the senate, the solidity of the judgment seat, and the sacred morality of the pulpit have hitherto furnished ; nothing has surpassed, nothing has equalled what we have this day heard in Westminster Hall. No holy seer of re- ligion, no sage, no statesman, no orator, no man of any literary description whatever, has come up, in the one in- stance, to the pure sentiments of morality, or in the other, to that of variety of knowledge, force of imagination, propriety and vivacity of allusion, beauty and elegance of diction, strength and copiousness of stile, pathos and sub- limity of conception, to which we have this day listened with ardor and admiration. From poetry up to eloquence, there is not a species of composition of which a complete and perfect specimen might not, from that single speech, be culled and collected." Extracts from a Speech of Mr, Grattan concerning Tithes^ in the Irish House of Commons — 1788. It has been said, in defence of clerical exactions, that though sometimes exorbitant^ they have never been ille- gal. I deny it i and will produce proof at your bar, that exactions in some of the disturbed parts have been not ex-" orbitant only, but illegal likewise. I v/ill prove that, in U2 222 AMERICAN many instances, Tithe has been demanded, and paid for turf ; that Tithe of turf has been assessed at one or two shillings a house like Hearth-money ; and in addition to Hearth-money, with this difference, that in case of Hearth- money, there is an exemption for the poor of a certain des- cription ; but here, it is the poor of the poorest order, that is, the most resistless people, who pay. I will prove to you, that men have been excommunicated by a most illegal sentence, for refusing to pay tithe of turf. I have two de- crees in my hand from the Vicarial Court of Clyne ; the first excommunicating one man, the second excommuni- cating four men, most illegally, most arbitrarily, for re- fusing to pay tithe of turf: nor has tithe of turf, without pretence of law or custom, been a practice only; but in some part of the South, it has been a formed exaction with its own dictinct and facetious appellation, the familiar de- nomination of Smoak-money. A right to tithe of turf has been usurped against law, and a legislative power of com- mutation has been exercised, I suppose for familiarity of appellation and facility of collection. The exactions of the Tithe-proctor are another Instance of illegality — he gets, he exacts, he extorts from the pa- rishioners, in some of the disturbed parishes, one, fre- quentl) two shillings in the pound. The clergyman's a- gent is then paid by the parish, and paid extravagantly. Th"" iandiord's agent is not paid in this manner ; your te- raut« don't pay your agent ten per cent, or five per cent, or any per centage at all : What right has the clergyman to ihrow his agent en his parish ? As well might he make them pay the wages of his butler, or his footman, or his coachman, or his postillion, or his cook. This demand, palpably illegal, must have commenced in biihtry — an illegal perquisite growing out of the abuse cf powcr-^a bribe for mercy ; — as if the Tithe-proctor was the natural pastoral protector of the property of the pea- sant, against the possible oppressions of the law, and the exactions of the gospel. He was supposed to take less than his employer would exact, or the law would allow ; and was bribed by the sweat of the poor fur his perfidy and mercy. This original bribe has now become a stated 'perquisite j and, instead of being payment for moderation. SPEAKER. 22:, it is now a per centage on rapacity. The more he extorts for the parson, the more he shall get for himself. Are there any decent Clergyman who will defend such a practice ? Will they allow that the men they employ are ruffians, who would cheat the parson, if they did not plun- der the poor; and that the clerical remedy against conni- vance, is to make the poor pay a premium for the increase of that plunder and exaction, of which they themselves are the objects ? I excuse the Tithe-proctor ; the law is in fault, which gives great and summary powers to the indefinite claims of the Church, and suffers both to be vested in the hands, not only of the parson, but of a wretch who follows his own nature, when he converts authority into corruption^, and law into peculation. . I have seen a catalogue of some of their charges ; so much for potatoes ; so much for wheat ; so much for oats ; so much for hay — all exorbitant ; and after a long list of unconscionable demands tor the parson, comes in a pecu- lation for the proctor: t^vo shillings in the pound for proctorage — that is, for making a chnrge, for whose ex- cess and extravagance the proctor ought not to have been paid, but punished. As to potatoes, the clergyman ought not to proceed with reference to the produce, but the price of labour : in the parts of which I have been speaking, the price of labour, is not more than 5d. a day the year round ; that is, 61. 4s. the year ; supposing the labourer to work every day but Sunday, making an allowance for sickness, broken weather, and holidays, you should strike off more than a sixth : he has not in fact more than 5l. a year by his labour ; his fa- mily average about five persons, nearer six, of whom the wife may make something by spinning (in these parts of the country, there are considerable manufactories.) Five pounds a year with the wife's small earnings, is the capi- tal to support such a family, and pay rent and hearth mo- ney, and in some cases of illegal exaction, smoak-money to the parson. — When a gentleman of the church of Ire=. land comes to a peasant so circumstanced, and demands 12 or 16s. an acre for tithe of potatoes-^he demands a child's provision — he exacts contribution from a pauper — he gleans from wretchedness — he leases from penury— 224 AMERICAN he fattens on hunger, raggedness, and destitution. In vain shall he state to such a man the proctor's valuation^ and inform him, that an acre of potatoes, well tilled, and m good ground, should produce so many barrels ; that each barrel, at the market price, is worth so many shillings, which, after allowing for digging, tithes at so much. The peasant may answer this reasoning by the Bible ; he may set up against the tithe-proctor's valuation, the New Testament — the precepts of Christ against the Cler- gyman's arithmetic ; the parson's spiritual professions a- gainst his temporal exactions, and in the argument, the peasant wouM have the advantage of the parson. It is an odious contest between poverty and luxury ; between the struggles of a pauptr aud the luxury of a priest. Such a man making such a demand, may have many good qualities ; may be a good theologian ; an excellen.t controversialist; deeply read in church history ; very r.c- curate in the value of church benefices ; an excellent high priest — but no Christian pastor. He is not the idea of a Christian minister — the Whiteboy is the least of his foes — his great enemy is the precept of the gospel and the example of the apostles. A tenth of your land, your labour, and your capital, to those who contribute in no shape whatsoever to the pro- duce, must be oppression ; they only think otherwise, who suppose, that every thing is little which is given to the parson ; that no burden can be heavy, if it is the weight of the parson ; that landlords should give up their rent, and tenants the profits of their labour, and all too little ; but uncertainty aggravates that oppression ; the full tenths ever must be uncertain as well as oppressive, for it is the fixed proportion of a fluctuating quantity, and unless the high priest can give law to the winds, and ascertain the harvest, the Tithe, like that harvest, must be uncertain ; but this uncertainty is aggravated, by the pernicious mo- tives on which Tithe frequently rises and falls. It fre- quently rises on the poor ; it falls in compliment to the rich. It proceeds on principles the reverse of the gospel ; it crouches to the strong, and it encroaches on the feeble ; and is guided by the two worst principles in society, ser- \ ility and avarice united, against the cause of charity, and under the cloak of religion. SPEAKER. 225 The Apostles had no Tithe, they did not demand it; thej^ and He whose mission they preached, protested a- gainst the principle on which Tithe is founded ; * Carry neither scrip, nor purse, nor shoes; into whatsoever house ye go, say, Peace.' Here is concord, and contempt of riches, not Tithe. ' Tiike no thought what ye shall eat, or whatye shall drink, nor for your bodies, what ye shall put on ;' so said Christ to his Apostles. Does this look like a right in his priest- hood to a tenth of the goods of the community ? ' Beware of covetousness ; seek not what ye shall eat, but seek the kingdom of God.' ' Give alms ; provide yourselves with bags that wax not old, a treasure in heaven which faileth not.' This does not look like a right in the Christian priesthood to the tenth of the goods of the community exacted from the poor's dividend. ' Distribute unto the Poor, and seek treasure in Heaven.' * Take care that your hearts be not charged with sur- feiting and drunkenness, and the cares of this life.' One should not think that our Saviour was laying the foundation of Tithe, but rutting up the roots of the claim, snd prophetically admonishing some of the modern priest* hood. If these precepts are of divine right, tithes cannot be so ; the precept orders a contempt of riches — the claim demands a tenth of the fruits of the earth for the minis- ters of the Gospel. The peasantry, in apostolic times, had been the object of charity, not of exaction. Those to whose cabin the Tithe-farmer has gone for tithe of turf, and to whose gar- den he has gone for the tithe potatoes, the Apostles would have visited likewise ; but they would have visited with contribution, not for exaction ; the poor had shared with the Apostles, — they contribute to the Churchman. The Gospel is not an argument for, but against the right-divine of Tithe ; so are the first fathers of the Church. But there is an authority still higher than the opinions of the Fathers ; there is an authority of a Council ; the Council of Antioch, in the fourth century, which declares that Bishops may distribute the goods of the Church, but mu-st take no part to themselves, nor to the Priests that 226 AMERICAN lived with them, unless necessity required them justly; ' Have food and raiment ; be therewith content.' This was the state of the Church, in its purity ; in the fifth century, decimation began, and Christianity declined ; then, indeed, the right of Tithe was advanced, and ad- Vimced into a stile that damned it. The preachers who advanced the doctrine, placed all Christian virtue in the payment of Tithe. They said, that the Christian reli- gion, as we say the Protestant religion, depended on it. They said, that those who paid not their Tithes, would be found guilty before God ; and if they did not give the tenth. — that God would reduce the country to a tenth.— Blasphemous preachers ! — gross ignorance of the nature of things — impudent familiarity with the ways of God — audacious, assumed knowledge of his judgments, and a false denunciation of his vengeance. And yet even these rapacious, blasphemous men, did not acknowledge to de- mand Tithe for themselves, but the poor— alms ! — the debt of charity — the poor's patrimony. It was not the table of the priest, nor his domestics, nor his apparel, nor his influence, nor his ambition, but a Chris- tian equipage of tender virtues— the widow, the orphan, and the poor ; they did not demand the Tithe as a corpo» ration of Proprietors, like an East-India Company, or a South-Sea Company, with great rights of property annex- ed, distinct from the community, and from religion ; but as trustees, humble trustees to God, and the poor, pointed out, they presumed, by excess of holiness and contempt of riches. Nor did they resort to decimation, even under these plausible pretensions, until forced by depredations committed by themselves on one another. The goods of the church, of whatever kind,^ were at first in common dis- tributed to the support of the church, and the provision of the poor — but at length, the more powerful part, those who attended the courts of princes — they who intermed- dled in state affairs, the busy High priest, and the servile, seditious, clerical politician ; and particularly the abbots who had engaged in war, and h;id that pretence for extor- tion, usurped the fund, left the business of prayer to the inferior ckrgy, and the inferior clergy to tithe and the people. SPEAKER. 22? •♦ Let bigotry and schism, the zealot's fire, the high priest's intolerance, throngh all their discordancy, tremble, while an enlightened Parliament, with arms of general protec- tion, over- arches the whole community, and roots the Protestant ascendancy in the sovereign mercy of its na- ture. Laws of coercion, perhaps necessary, certainly se- vere, you have put forth already, but your great engine of power you have hitherto kept back ; that engine, which the pride of the bigot, nor the spite of the zealot, nor the ambition of the high, nor the arsenal of the conqueror, nor the inquisition, with its jaded rack and pale criminal, ne- ver thought of: — the engine which, armed with physical and moral blessing, comes forth, and overlays mankind by services ; the engine of redress — this is Government ; and this the only description of Government worth your am- bition. Were I to raise you to a great act, I should not recur to the history of other nations ; I would recite your own acts, and set you in emulation with yourselves. Do you remember that night, when you gave your country a Free Trade, and with your hands opened all her harbours? That night when you gave her a Free Constitution, and broke the chains of a century ; while England, eclipsed at your glory, and your Island, rose as it were from its bed, and got nearer to the sun ? In the arts that polish life ; the inventions that accommodate ; and the manufactures that adorn it ; you will be for many years inferior to some other parts of Europe ; but, to nurse a growing people- to mature a struggling, though hardy community; to mould, to multiply, to consolidate, to inspire, and to exalt a young nation ; be these your barbarous accomplishments ! I speak this to you, from a long knowledge of your character, and the various resources of your soul ; and I confide my motion to those principles not only of justice, but of fire ; which I have observed to exist in your com- position, and occasionally to break out in a flame of pub- lic zeal, leaving the Ministers of the Crown in eclipsed degradation. It is therefore I have not come to you fur- nished merely with a cold mechanical plan ; but have sub- mitted to your consideration the living grievances ; con- ceiving that any thing in the shape of oppression made once apparent — oppression too of a people you have set 228 AMERICA A^- free the evil will catch those warm susceptible proper- ties which abound in your mind, and qualify you for le- gislation. J/r. Ciirran^ in the Irish Parliament on a motion to pass a Law to limit the amount of Pensions^ 1786. *' Sir, I object to adjourning this Bill \o the first of Au- gust, because I perceive, in the present disposition of the House, that a proper decision will be made upon it this night. We have set out upon our inquiry in a manner so honorable, and so consistent, that we have reason to ex- pect the happiest success, which I would not wish to see baffled by delay. " We began with giving the full affirmative of this House, tit at ^^ grievance exists at all ; we considered a simple matter of fact, and adjourned our opinion, or ra- ther we gave sentence on the conclusion, after having ad- journed the premises. But I do begin to see a great deal of argument in what the learned Baronet has said, and I beg gentlemen will acquit me of apostacy if I offer some reasons why the Bill should not be admitted to a second reading. " I am surprised that gentlemen have taken up such a foolish opinion, as that our constitution is maintained by its different component parts, mutually checking and con- trolling each other : they seem to think with Hobbes, that a state of nature is a state of warfare ; and that, like Ma- homet's coffin, the constitution is suspended between the attraction of different powers. My friends seem to think that the Crown should be restrained from doing wrong by a physical necessity ; forgetting, that if you take away from a man all power to do wrong, you at the same time take away from him all merit of doing right, and by making it impossible for men to run into slavery, you enslave them most effectually. But if instead of the three different parts of our constitution drawing forcibly in right lines, at opposite directions, they were to unite their power, and draw all one way, in one right Une, how great would be the effect of their force, how happy the direction of this SPEAKER. 229 union ! The present system is not only contrary to mathe- matical rectitude, but to public harmony ; but if instead of privilege setting up his back to oppose prerogative, he was to saddle his back, and invite prerogative to ride, how com- fortably might they both jog along ; and therefore it delights me to hear the advocates for the royal bounty flowing free- ly, and spontaneously, and abundantly, as Holywell in Wales. If the Crown grants double the amount of the re- venue in pensions, they approve of their Royal Master, for he is the breath of their nostrils. " But we will find that this complaisance, this gentle- ness between the Crown and its true servants, is not con- fined at home j it extends its influence to foreign powers. Our merchants have been insulted in Portugal, our com- merce interdicted ; what did the British Lion do ? Did he whet his tusks I Did he bristle up and shake his mane ? Did he roar ? No ; no such thing — the gentle creature wagged his tail for six years at the court of Lisbon, and now we hear from the Delphic oracle on the Treasury- bench, that he is wagging his tail in London to Chevalier Pinto ; who, he hopes soon to be able to tell us will allow his lady to entertain him as a lap-dog; and when she does, no doubt the British factory will furnish some of their softest woollens to make a cushion for him to lie upon. But though the gentle beast has continued so long fawn- ing and coaching, I believe his vengeance will he great as it is slow, and that that posterity, whose ancestors are yet unborn, will be surprised at the vengeance he will take. *' This polyglot of wealth, this museum of curiosities, the Pension List, embraces every link in the human chain' every description of men, women, and children, from the' exalted excellence of a Hawke or a Rodney, to the debas- ed situation of the lady who humbleth herself that she may be exalted. But the lessons it inculcates form its great- est perfection ; — it teacheth, that slowth and vice may eat that bread which virtue and honesty may starve for after they had earned it. It teaches the idle and dissolute to look up for that support which they are too proud to stoop and earn. It directs the minds of men to an entire reli- ance on the ruling power of the State, who feeds the ra- vens of the Royal aviary, that cry continually for food. It teaches them to imitate those Saints on the Pension List / i 230 AMERICAN that are like the lilies of the field ; they toil not, neither do they spin, and yet are arrayed like Solomon in his glo- ry. In fine, it teaches a lesson, which indeed they might have learned from Epictetus — that it is sometimes good, not to be over virtuous : it shews, that in proportion as our distresses increase, the munificence of the Crown in- creases also ; in proportion as our cloaths are rent, the royal mantle is extended over us. *' But notwithstanding the Pension List, like charity, covers a multitude of sins, give me leave to consider it as coming home to the members of this House ; give me leave to say, that the Crown, in extending its charity, its liberality, its profusion, is laying a foundation for the in- dependence of Parliament ; for, hereafter, instead of ora- tors or patriots accounting for their conduct to such mean and unworthy persons as freeholders, they will learn to despise them, and look to the first man in the State ; and they will by so doing have this security for their indepen- dence, that while any than in the kingdom has a shilling they will not want one. Suppose at any future period of time the boroughs of Ireland should decline from their present flourishing and prosperous state ; suppose they should fall into the hands of men who would wish to drive a profitable commerce, by having Members of Parliament to hire or let ; in such a case a Secretary would find great difficulty, if the pro- prietors of members should enter into a combination |o form a monopoly ; to prevent which in time, the wisest way is to purchase up the raw material, young menribers of Parliament, just rough from the grass, and when they are a htde bitted, and he has got a pretty stud, perhaps of seventy, he may laugh at the slave-merchant ; some of them he may teach to sound through the nose, like a bar- rel organ ; some, in the course of a few months, might be taught to cry hear ! hear I — some, chair ! chaii ! upon oc- casion ; though those latter might create a little confusion, if they were to forget whether they were calling inside or outside of those doors. Again, he might have some so trained that he need only pull a string, and up gets a re- peating member ; and if they were so dull that they could neither speak nor make orations, (for they are different things) he might have them taught to dance pedibus ire in SPEAKER. 231 fiententia. This improvement might be extended; he might have them dressed in coats and shirts all of one co- lour, and of a Sunday he might march them to church, two and two, to the great edification of the people and the honor of the Christian religion ; afterwards, like the ancient Spartans, or the fraternity at Kilmainham, they might dine all together in a large hall. Good heaven ! what a sight to see them feeding in public upon public viands, and talk- ing of public subjects for the benefit of the public ! It is a pity they are not immortal ; but I hope they will flourish as a corporation, and that pensioners will beget pensioners to the end of the chapter." Extract from a Speech of Mr. Erskvie^ on the trial of Mr, Paine, in which Jie delivers his opinio?! of the American Revolution^ and the Federal Constitution, Gentlemen, wc all but too well remember the calami- tous situation in which our country stood but a few yea: s ago ; a situation which no man can look back upon with- out horror, nor feel himself safe from relapsing into again, while the causes remain which produced it. The event I allude to, you must know to be the American war, and the still existing causes of it, the corruptions of this go- vernment. In those days it was not thought virtue by the patriots of England to conceal the existence of them from the people ; but then, as now, authority condemned them as disaffected subjects, and defeated the ends they sought by their promulgation. The consequences we have nil seen and felt : America, from an obedient affectionate colony, became an indepen- dent nation ; and two millions of people nursed in the very lap of our monarchy, became the willing subjects of a re- publican constitution. Gentlemen, in that great and calamitous conflict, PM- mund Burke and Thomas Paine fought .in the same field of reason together ; but with very different successes. Mr. Burke spoke to a Parliament in England, having no ears but for sounds that flattered its corruptions. Mr. Paine, on the other hand, spoke to a people ; reasoned with them,— -told them that they were bound by no subjection 232 AMERICAN to any sovereignty, farther than their own benefit connect-^ ed ihem ; and by these powerful arguments prepared the mifids of th'.^ American pejople for that glorious, just, and HAPPY revolution, Gentkmen, I have a right to distinguish it by these e- pithets, because I aver that at this n^on^ent there is as sa- cred a regard to property; as inviohtble a security to all the rights of individuals ; lo\ver taxes ; fewer grievances : less to deplore, and more to admire, m the constitution of America, thun that of any other country under heaven. I wish indeed to except our own, but I cannot even do that, till it shall be purged of those abuses which, though they obscure and deform the surface, have not as yet, thank Cod., destroyed the vital parts. The Petition of the wife of Almas AH Caxvn to Warren Hastings* May the blessings of thy God wait upon thee, may the sun of Glory -shine round thy head, and may the gates of plenty, honour, and happiness be always open to thee and thine. May no sorrow distress thy days, may no strife disturb thy nights, may the pillow of peace kiss thy cheeks, and the pleasures of imagination attend thy dreams ; and when length of years makes thee tired of earthly joys, and the curtain of death gently closes round the last sleep of hum.an existence, may the angels of God attend thy bed, and take care that the expiring lamp of life shall not receive one rude blast to hasten its extinction. O hearken then to the voice of distress, and grant the petition of thy servant ! O spare the father of my children, save the partner of my bed, my husband, my all that is dear ! Consider, O mighty sir ! that he did not become rich by iniquity ; and that what he possessed was the in- heritance of a long line of flourishing ancestors ; who in those smiling days, when the thunder of Great Britain was not heard oil the fertile plains of Hindoostan, reaped their harvests in quiet, and enjoyed their patrimony un- molested. Think, O think ! that the God thou worship- pest, delights not in the blood of the innocent : remember thy owft commandment, thou shall not kill, and by the or- SPEAKER. 235 der of heaven give me back my Almas All Cawn, and take all our wealth, strip us of all our precious stones, of all our gold and silver, but take not the life of my husband ; inno- cence is seated on his brow, and the milk of human kind- ness flows round his heart ; let us wander through the de- serts, let us become tillers and labourers in those delight- ful spots of which he was once lord and master. But spare, O mighty sir ! spare his life ; let not the in- strument of death be lifted up against him, for he hath not committed any crime ; accept our treasures with gratitude, thou hast them at present by force ; we will remember thee in our prayers and forget that we were ever rich and pow- erful. Mv children, the children of Almas Ali, send up their petition for the life of him who gave them birth, they beseech from thee the author of their existence ; from that humanity which we have been told glows in the hearts of Englishmen, by the honor, the virtue, the honesty, and the maternal feelings of the great queen, whose offspring is so dear to her, the miserable wife of thy prisoner beseeches thee to save the life of her husband, and restore him to her arms ; thy God will reward thee, thy country must thank thee, ond she now petitioning, will ever pray for thee, if thou grantest the prayer of thy Humble vassal, Almassa Alli Cawn. Mr, Erskine on the Liberty of the Press^ being the conclii- ston of his Speech on the trial of 3Ir, Siockclale for a LibeL It only now remains to remind you, that another consi- deration has been strongly pressed upon you, and, no doubt, v/ill be insisted on in reply. — You will be told, that the matters which I have been justifying as legal, and even meritorious, have therefore not been made the sub- ject of complaint ; and that \yhatever intrinsic merit parts of the book may be supposed or even admitted to possess, such meri't can afford no justification to the selected passa- ges, some of which, even with the context, carry the mean- ing charged by the information^ and which are indecent animadversions on authority. To this I would answer. X. 2: 2^4 AMERICAN (still protesting as I do against the application of any one of the innuendos,) that if you are firmly persuaded of the singleness and purity of the author's intentions, you are not bound to subject him to infamy, because, in the zealous eareer of a just and animated composition, he happens to have tripped with his pen into an intemperate expression in one or two instances of a long work". If this severe du- ty were binding on your consciences, the liberty of the press would be an empty sound, and no man could ven- ture to write on any subject, however pure his purpose, v/ithout an attorney at one elbow, and a counsel at the o- ther. — From minds thus subdued by the terrors of punishmen% there could issue no works of genius to expand the em- pire of human reason, nor any masterly compositions on the general nature of government, by the help of w^hich the great commonwealth of mankind have founded their establishments ; much less any of those useful applications of them to critical conjunctures, by which, from time to time, our own constitution, by the exertion of patriot ci- tizens, has been brought back to its standard.. — Under such terrors,- all the great lights of science and civilizn- tion must be extiuguished : for men cannot communicate their free thoughts to one another with a lash held over their heads. It is the nature of every thing that is great and useful, both in the animate and inanimate world, to be wild and irregular, — and we must be contented to take them with the alloys which belong to them, or live with- out them. Genius breaks from the fetters of criticism, but its wanderings are sanctioned by its majesty and wisdom, when It advances in its paui ; — subject it to the critic, aud you tame it into dulness. Mighty rivers break dovvn their banks in the winter, sweeping away to death the flocks which are fattened on the soil that they fertilize in the summer : the few may be saved by embankments from drowning, but the fiock must perish for huager. — Tem- pests occasionally shake our dwellings, and dissipate our commerce ; but they scourge before them the lazy ele- ments, which without them would stagnate into pestilence. — In like manner, Liberty herself, the last and best gift of God to his creatures, must be taken jusi as she is :^— you might pare her down iato bas^tful irregularity, and SPEAKER,. 235 shape her into a perfect model of severe scrupulous law, but she would then be Liberty no longer; and you must be content to die under the lash of this inexorable justice which you had exchanged for the banners of Freedom. If it be asked where the line to this indulgence and im- punity is to be drawn ; the answer is easy. — The liberty of the press on general subjects comprehends and implies as much strict observance of positive law as is consistent with perfect purity of intention, and equal and useful so- ciety ; and what that latitude is, cannot be promulgated ia the abstract, but must, be judged of in the particular ia- stance, and consequendy, upon this occasion, must be judg- ed of by you, without forming any possible precedent for any other case : — and where can the judgment be possibly so safe as with the members of that society which alone can suffer, if the writing is calculated to do mischief to the pub- lic ? You must therefore try the book by that criterion, and say, v/hether the publication was premature and offensive, or, in other words, whether the publisher was bound to have suppressed it until the public ear was anticipated and abused, and every avenue to the human heart or under= standing, secured and blocked up? One word more, Gentlemen, and I have done. — Every human tribunal ought to take care to adtninister justice, as we look hereafter, to have justice administered to our- selves. — Upon the principle on which the Attorney Gene- ral prays sentence upon my Qient — God have mercy upon us !^ — Instead of standing before him in judgment with the hopes and consolations of Christians, we must call upon the rneuntains to cover us ; for which of us can present, for om- niscientexamination,apure, unspotted, andfaultless course? But I humbly expect that the benevolent Author of our being will judge us as I have been pointing out for your example. — Holding up the great volume of our lives in his Ivands, and regarding the general scope of them : — if he discovers benevolence, charity, and good will to man beat- ing in the heart, where he alone can look ; — if he finds that our conduct, though often forced out of the path by our infirmities, has been in general well directed ; his all- searching eye will assuredly never pursue us into those little corners of our lives, much less will his justice seleet them for punishment, without the general context of our 256 AMERICAN . existence, by which faults may be sometimes found to hate grown out of virtues, and very many of our heaviest of- fences to have been grafted by huTian imperfection upon the best and kindest of our affections. No, Gentlemen, believe me, this is not the course of divine justice, or there is no truth in the Gospels of Heaven. — If the ge- neral tenor of a man's conduct be such as I have repre- sented it, he may walk through the shadow of death, with all his faults about him, with as much cheerfulness as in the common paths of life : because he knows, that in- stead of a stern accuser to expose before the Author of his nature those frail passages, which, like the scored mat- ter in the book before you, chequers the volume of the brightest and best-spent life, his mercy will obscure them from the eye of his purity, and our repentance blot them « U for ever. All this would, I admit, be perfectly foreign, and irre- levant, if you were sitting here in a case of property be- tween man and man, where a strict rule of law must ope- rate, or there would be an efid of civil life and society. It would be equally foreign, and still more irrelevant, if ap- plied to those shameful attacks upon private reputation which are the bane asd disgrace of the press ; by which whole families have been rendered unhappy during life, by aspersions cruel, scandalous, and unjust. Let such- libellers remember, that no one of my principles of defence, can at any time, or upon any occasion, ever ap- ply to shield them from punishment ; because such con- duct is not only an infringement of the rights of men, as ihey are defined by strict law, but is absolutely incompa- tible xvith honor^ honesty, or mistaken good intention* On such men let the Attorney General bring forth all. the ar- tillery of his office, and the thanks and blessings of the whole public will follow him. Extract from a Speech of 3Ir. Curran, on the Trial of Mr, Rowan. Where the press is free, and discussion unrestrained, the mind, by the collision of intercourse, gets rid of its ©wn asperities, a sort of insensible perspiration takes place,. by which those acrimonies, which would otherwise fester SPEAKER. 237 and inflame, are quietly dissolved and dissipated. But now, if any aggregate assembly shall meet, they are censured; if a printer publishes their resolutions, he is punished ; rightly to be sure in both cases, for it has been lately done. If the people say. Let us not create tumult, but meet in delegation, they cannot do it ; if they are anxious to pro- mote parliamentary reform in that way, they cannot do it; the law of the last session has for the first time declared such meetings to be a crime. What then remains? Only the liberty of the press, that sacred palladium, which no influence, no power, no minister, no government, which nothing but the depravity, or folly, or corruption of a ju- ry, can ever destroy. And what calamity are the people saved from, by having public communication left open to them ? I will tell you, gentlemen, what they are saved from, and what the government is saved from ; I will tell you also, to what both are exposed by shutting up that communication. In one case sedition speaks aloud, and walks abroad ; the demagogue goes forth, the public eye is upon him, he frets his busy ho«r upon the stage ; but soon either weariness, or bribe, or punishment, or disap- pointment bear him down, or drive him off", and he ap- pears no more. In the other case, how does the work of sedition go forward ? Night after night, the muffled re- bel steals forth in the dark, and casts another and another brand upon the pile, to which, when the hour of fatal ma- turity shall arrive, he will apply the flame. If you doubt of the horrid consequences of suppressing the efl'usion e- ven of indiviuual discontent, look to those enslaved coun- tries where the protection of despotism is supposed to be secured by such restraints, even the person of the despot there is never in safety. Neither the fears of the despot, nor the machinations of the slave, have any slumber, the one anticipating the moment of peril, the other watching the opportunity of aggression. The fatal crisis is equally a surprise upon both; the decisive instant is precipitated with- out warning, by folly on the one side, or by phrensy on the other, and there is no notice of the treason till the traitor acts. In those unfortunate countries (one cannot read it without horror) there are oflicers whose province it is to bave the water, which Is to be drank by their rulers, seal- 23S AMERICAN ed up in bottles, lest some wretched miscreant should throw poison into the draught. But, gentlemen, if you wish for a nearer and more in- teresting example, yoahave in the history of your own re- volution ; you have it at that memorable period, when the monarch found a servile acquiescence in the ministers of his folly, when the liberty of the press was trodden un- der foot, when venal sheriffs returned packed juries to car- ry into effect those fatal conspiracies of the few against the many, when the devoted benches of public justice were filled by some of those foundlings of fortune, who, overwhelmed in the torrent of corruption at an early pe- riod, lay at the bottom like drowned bodies, while sound- mess or sanity remained in them ; but at length becoming buoyant by putrefaction, they rose as they rotted, and floated to the surface of the polluted stream, where they were drifted along, the objects of terror, and cootagion, and abomination. In that awful moment of a nation's travail, of the last gasp of tyranny, and tht first breath of freedom, how preg- nant is the example ? The press extinguished, the people enslaved, and the prince undone. As the advocate of society, therefore, af peace, of do- mestic liberty, and the lasting union of the two countries, I conjure you to guard the liberty of the press, that great sentinel of the state, that grand detector of public impos- ture ; guard it, because when it sinks, there sinks with it, in one common grave, the liberty of the subject, and the security of the crown. Gentlemen, I am glad that this question has not be«n brought forward earlier ; I rejoice for the sake of the court, of the jury, and of the public repose, that this t[uestion has not been brought forward till now. In Great Britain analogous circumstances have taken place. At the commencement of that unfortunate war which has deluged Europe with blood, the spirit of the English people was tremblingly alive to the terror of French principles ; at that moment of general paroxysm, to accuse was to convict. The danger loomed larger to tke public eye, from the mis- ty medium through which it was surveyed. We measure «inaccessible heights by the shadows which they project ; . SPEAKER. 239 'where the lowness and the distance of the light form the length of the shade. There is a sort of aspiring and adventurous credulity, which disdains assenting to obvious truths, and delights in catching at the improbability of circumstances, as its best ground of faith. To what other cause, gentlemen, can you ascribe that, in the wise, the reflecting, and the philoso- phic nation of Great Britain, a printer has been gravely found guilty of a libel, for publishing those resolutions to which the present minister of that kingdom had actually subscribed his name ? To what other cause can you as- cribe, what in my mind is still more astonishing, in such a country as Scotland, a nation cast in the happy medium be- tween the spiritless acquieacence of submissive poverty, and the sturdy credulity of pampered wealth ; cool and ar- dent, adventurous and persevering; winning her eagle flight against the blaze of every science, with an eye that never winks, and a wing that never tires : crowned as she is with the spoils of every art, and decked with the wreath of every muse ; from the deep and scrutinizing researches of her Humes, to the sweet and simple, but not less sub- lime and pathetic morality of her Burns — how from the bosom of a country like that, genius and character, and ta- lents, should be banished to a distant barbarous soil ; con- demned to pine under the horrid communion of vulgar vice and base-born profligacy, for twice the period that or- dinary calculation gives to the continuance of human life? But I will not further press any idea that is painful to me, and I am sure must be painful to you ; I will only say, you have now an example, of which neither England nor Scotland had the advantage ; you have the example of the panic, the infatuation, and the contrition of both. It is now for you to decide whether you will profit by their experi- ence of idle panic and idle regret, or whether you mean- ly prefer to palliate a servile imitation of their frailty, by a paltry aftectation of their repentance. It is now for you to shew that you are not carried away by the same hectic delusions, to acts, of which no tears can wash away the'fa- tal consequences, or ti*e indehble reproach. 240 AMERICAN Extract from the Speech of Mr. Cur ran in the case of Mas- sy V. Headfort. Never so clearly as in the present instance, have I ob- served that safeguard of justice which Providence has placed in the nature of man. Such is the imperious do- minion with which truth and reason wave their sceptre o- ver the human intellect, that no solicitation, however art- ful, no talent, however commanding, can seduce it from its allegiance. In proportion to the humility of our sub- mission to its rule, do we rise into some faint emulation of that ineffable and presiding divinity, whose character- istic attribute it is to be coerced and bound by the inexo- rable laws of its own nature, so as to be all-xvise and all- just from necessity, rather than election. You have seen it in the learned advocate who has preceded me, most pe- culiarly and strikingly illustrated — you have seen even his great talents, perhaps the first in any country, languishing under a cause too weak to carry him, and too heavy to be carried by him. He was forced to dismiss his natural can- dour and sincerity, and, having no merits in his case, to substitute the dignity of his own manner, the resources of his own ingenuity, over the overwhelming difficulties with which he was surrounded. Wretched client ! Unhappy advocate ! What a combination do you form ! But such is the condition of guilt — its commission mean and tremu- lous — its defence artificial and insincere — its prosecution candid and simple — its condemnation dignified and aus- tere. Such has been the defendant's guilt — such his de- fence — such shall be my address — and such, I trust, your verdict. The learned counsel has told you that this un- fortunate woman is not to be estimated at 40,000/. Fatal and unquestionable is the truth of this assertion. Alas ! gentlemen, she is no longer worth any thing — faded, fall- en, degraded and disgraced, she is worth less than nothitig! Biit it is for the honor, the hope, the expectation, the ten- derness, and the comforts, that have been blasted by the defendant, and have fled for ever, that you are to remu- nerate the plaintiff, by the punishment of the defendant. It is not her present value which you are to weigh — but it is her value at that time, when she sat basking in a hus- SPEAKER. 241 band's love, with the blessings of heaven on her head, and its purity in her heart — when she sat amongst her family, and administered the morality of the parental board. Es- timate that past value — compare it with its present deplo- rable diminution — and it may lead you to form some judg- ment of the severity of the injury, and the extent of the compensation. The Conclusion of 31}\ Erskine's address to the Jury^ on the Trial of Mr. Hardy ^ November oth^ 1794. Gentlemen, my whole argument then amounts to no mo^e than this, that before the crime of compassing the king's death can be found bij ijou^ the Jury^ whose pro- vince it is to judge of its existence, it must be believed hy you to have existed in point of fact. Before you can ad- judge A FACT, you must believe it — not suspect it, or ima- gine it or fancy it, — but believe it — and it is impossi- ble to impress the human mind with such a reasonable and certain belief, as is necessary to be impressed, before a Christian man can adjudge his neighbour to the smallest penalty, much less to the pains of death, without having such evidence as a reasonable mind will accept of as the infallible test of truth. And what is that evidence ? — Neither more nor less than tftat which the constitution has established in the Courts for the general administration of justice ; namely, that the evidence convinces the Jury, be- yond all reasonable doubt, that the criminal intention^ con- .stituthig the crime, existed in the mind of the man upon trial, and was the main spring of his conduct. The rules of evidence, as they are settled by law, and adopted in its general administration, are not to be over-ruled or tamper- ed with. They are founded in the charities of religion ; in the philosophy of r.ature ; in the truths of history, and in the experience of common life ; and whoever ventures rashly to depart from them, let him remember that it will be meted to him in the same measure, and that both God and man will judge him accordingly. These are argu- ments addressed to your reasons and consciences, not to be shaken in upright minds by any precedent, for no pre- cedents can sanctify injustice ; if they could, every human ^2 AMERICAN right would long ago have been extinct upon the earth. If the State Trials in bad times are to be searched for precedents, what murders may you not commit ; — what law of humanity may you not trample upon ; — what rule of justic'vj may you not violate ; — and what maxim of wise policy may you not abrogate and confound ? — If prece- dents in bad times are to be implicitly followed, why should we have heard any evidence at all ? — -You might have con- victed, without any evidence, for many have been so con- victed, and in this manner murdered, even by acts of Par- liament. If precedents, in bad times are to be followed, why should the Lords and Commons have investigated these charges, and the Crown have put them into this course of judicial trial ? — since, without such a trial, and even after an acquittal upon one, — they might have attaint- ed all the prisoners by act of Parliament ; — they did so in the case of Lord Strafford. — There are precedents, there- fore, for all such things ; — but such precedents as could not for a moment survive the times of madness and dis- traction, which gave them birth, butwhich, as soon as the spurs of the occasions were blunted, were repealed, and execrated even by Parliaments which (little as I may think of the present) ought not to be compared with it : Parlia- ments sitting in the darkness of former times, — in the night of freedom, — before the principles of government were developed, and before the constitution became fixed. The last of these precedents, and all the proceedings upon at, were ordered to be taken off the file and burnt, to the intent that the same might no longer be visible in §fter- ages ; an order dictated, no doubt, by a pious tenderness for national honor, and meant as a charitable covering for* the crimes of our fathers. — But it was a sin against pos- terity ; it was a treason against society, — for, instead of commanding them to be burnt, they should rather have directed them to be blazoned in large letters upon the walls of our Courts of Justice, that, like the characters decy- phered by the prophet of God, to the eastern tyrant, they might enlarge and blacken in your sights, to terrify you from acts of injustice. In times, when the whole habitable earth is in a state of change and fluctuation, — when deserts are starting up into civilized empires around you, — and when men, no SPEAKER. 243 longer slaves to the prejudices of particular countries, much less to the abuses of particular governments, en- list themselves, like the citizens of an enlightened wc>rld, into whatever communities their civil liberties may be best protected ; it never can be for the advantage of this coun- try to prove, that the strict, unextended letter of her la^vs, is no security to its inhabitants, — On the contrary, when so dangerous a lure is every where holding out to emi- gration, it will be found to be the wisest policy of Great Britain to set up her happy constitution, — the strict letter of her guardian laws, and the proud condition of equal freedom, which her highest and her lowest subjects ought equally to enjoy ; — it will be her wisest policy to set up these first of human blessings against those charms of change and novelty which the varying condition of the world is hourly displaying, and which may deeply affect the population and prosperity of our country. — In times, when the subordination to authority is said to be every- where but too little-felt, it will be found to be the wisest policy of Great Britain, to instil into the governed an al- most superstitious reverence for the strict security of the laws ; which, from their equality of principle, beget no jealousies or discontent ; — which, from their equal admi- nistration, can seldom work injustice : and which, from the reverence growing out of their mildness and antiqui- ty, acquire a stability in the habits and affections of men, far beyond the force of civil obligation : — whereas se- vere penalties, and arbitrary constructions of laws inten- ded for security, lay the foundations of alienation from every human government, and have been the cause of all the calamities that have come, and are coming upon the earth. Gentlemen, what we read of in books makes but a faint impression upon us, compared to what we see passing un- der our eyes in the living world. I remember the people of another country, in like manner, contending for a re- novation of their constitution, sometimes illegally and tur- bulently, but still devoted to an honest end : — I myself saw the people of Brabant so contending for the ancient constitution of the good Duke of Burgundy ; — how was this people dealt by ? — All, who were only contending for their own rights and privileges, were supposed to be of 244 AMERICAN course disaffected to the Emperor: — they were handed over to courts constituted for .the emergency, as this is, and the Emperor marched his army through the country till all was peace ; — but such peace as there is in Vesuvi- us, or iEtna, the very moment before they vomit forth their lava, and roll their conflagrations over the devoted habitatiOTis of mankind : — when the French approached, the fatal effects were suddenly seen of a government of constraint and terror; — the well-affected were dispirited, and the disaffected inflamed into fury. — At that moment the Archduchess fled from Brussels, and the Duke of Saxe-Teschen was sent express to offer the joyeuse entree so long petitioned for in vain : but the season of concession was past ; — the storm blew from every quarter, — and the throne of Brybant departed for ever from the House of Burgundy. — Gentlemen, I venture to afiirm, that, with o- ther councils, this fatal prelude to the last revolution in that country, might have been averted : — if the Emperor had been advised to make the concessions of justice and affection to his people, they would have risen in a mass to maintain their prince's authority, interwoven with their ov^n liberties ; and the French, the giants of modern times, would, like the giants of antiquity, have been trampled in the mire of their own ambition. In the same manner, a far more splendid and important crown passed away from his Majesty's illustrious brows : — the impe- rial CROWN OF America. — The people of that country too, for a long season, contended as subjects^ and often with irregularity and turbulence, for what they felt to be their rights : and, O Gentlemen ! that the inpiring and im- mortal eloquence of that man, whose name I have so oft- en mentioned, had then been heard with effect ! — what v^as his language to this country when she sought to lay burdens on America,-^not to support the dignity of the Crown, or for the increase of national revenue, but to raise a fund for the purpose of corruption ; — a fund for main- taining those tribes of hireling skipjacks, which Mr. Tooke so well contrasted with the hereditary nobility of England ! —Though America would not bear this imposition, she would have borne any useful or constitutional burden to sup- port the parent state. — *• P'or that service, for all service,' said Mr. Burke, ' whether of revenue, trade, or empire, SPEAKER. 245 my trust is in her interest in the British constitution. My hold of the colonies is in the close affection which grows from common names, from kindred blood, from similar privileges, and equal protection. These are ties which, though light as air, are as strong as links of iron. Let the colonies always keep the idea of their civil rights associated with your governments, they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance. But let it be once understood, that your government may be one thing, and their privileges another ; that these two things may exist without any mutual relation ; the cement is gone ; the cohesion is loosened ; and every thing hastens to de^ cay and dissolution. As long as you have the wisdom to keep the sovereign authority of this country as the sanctuary of liberty, the sacred temple consecrated to our common faith, wherever the chosen race and sons of England worship freedom, they will turn their faces to- ward you. The more they multiply, the more friends you will have ; the more ardently they love liberty, the more perfect will be their obedience. Slavery they can have any where. It is a weed that grows in every soil. They may have it from Spain, tiiey may have it from Prussia. But until you become lost to all feeling of your true interest and your natural dignity, freedom they can have from none but you. This is the commodity of price, of which you have the monopoly. This is the true act of navigation, which binds to you the commerce of the colonies, and through them secures to you the wealth of the world. Is it not the same virtue which does every thing for us here in England r Do you ima- gine then, that it is the land-tax act which raises yqur revenue ? that it is the annual vote in the Committee of Supply, which gives you your army ? Or that it is the Mutiny Bill which inspires it with bravery and disci- pUne ? No ! surely i?o ! It is the love of the people ; it is their attachment to their government, from the sense of the deep stake they have in such a glorious inalitution, which gives you your army and your navy, and infuses into both that liberal obedience, without which your ar- my would be a base rabble, and your navy nothing but rotten timber.' Y 3 246 AMERICAN GenUemen, to conclude — My fervent wish is that we may not conjure up a spirit to destroy ourselves, nor set the example here of what in another country we deplore. —Let us cherish the old and venerable laws of our fore- fathers. — Let our judicial administration be strict and jxire ; and let the Jury of the larjd preserve the life of a fellow-subject, who only asks it from them upon the same terms under which they hold their own lives, and all that is dear to them and their posterity for ever. — Let me re- peat the wish with which I began my address to you, and which proceeds from the very bottom of my heart ;-— may it please God, who is the Author of all mercies to man- Itind, whose providence, I am persuaded, guides and su- perintends the transactions of the world, and whose guar- dian spirit has for ever hovered over this prosperous is- land, to direct and fortify your judgments. I am awnre, I have not acquitted myself to the unfortunate man, who has put his trust in me, in the manner I could have wished; yet I am unable to proceed any further; exhausted in spirit and strength, but confident in the expectation of justice. — There is one thing more, however, that (if I can) 1 must state to you, namely, that I will show, by as many wit- nesses, as it may be found necessary or convenient for you to hear upon the subject, that the views of the socie- ties were whar I have alleged them to be ; — that whatever irregularities or indiscretions they might have committed, their purposes were honest; — and that P»Ir. Hardy's, above all other men, can be established to have been so. I have indeed, an Honorable Gentleman (Mr. Francis) in my eye, at this moment, to be called hereafter as a witness, who being desirous in his place, as a member of Pariia- ms-nt, to promote an enquiry into the seditious practices complained of, ^Ir. Hardy offered himself voluntarily to come forward, proiTered a sight of all the papers, which v/ere afterwards seized in his custody, and tendered eve- ry possible assistance to give satisfaction to the laws of his country, if found to be offended. I will show likewise his character to be religious, temperate, humane, and mode- rate, and his uniform conduct all that can belong to a <^ood subject, and an honest man. — When you have heard iliis evidence, it will, beyond all doubt, confirm ycu in SPEAKER, 247 coming to the conclusion which^ at such great length (for which I entreat your pardon,) I have been endeavouring to support. Mr* Fox's Eiiloghim on General Washington^ In the Bri- tish Parliament — 1794. How infinitely superior must appear the spirit and prin- ciples of General Washington, in his late address to Con- gress, compared with the policy of modern European courts ! Illustrious man ! deriving honor less from the splendor of his situation than from the dignity of his mind ; before whom all borrowed greatness sinks into insignifi- cance, and all the princes and potentates of Europe (ex- cepting the membersofour own family) become little and contemptible ! He has had no occasion to have recourse to any tricks of policy or arts of alarm ;.his authority has been sufficiendy supported by the same means by which it was acquired, and his conduct has uniformly been charac- terised by wisdom, moderation, and firmness. He, feel- ing gratitude to France for the assistance received from her in that great contest which secured the independence of America, did not choose to give up the system of neu- trality in favour of this country. Having once laid down that line of conduct, which both gratitude and policy point- ed out as most proper to be pursued, not all the insults or provocation of the French minister Genet could at all put him out of his way, or bend him from his purpose. En- trusted with the care of the welfare of a great people, he did not allow the misconduct of another, with respect to himself, for one moment to interrupt the duty which he owed to them, or withdraw, his attention from their inter- ests. He h:id no fear of the Jacobins; he felt no alarm irom their principles, and considered no precaution as ne- cessary in order to stop their progress. The people over whom he presided, he knew to be acquainted v/ith their rights and their duties. He trusted to their own good sense to defeat the effect of those arts which might be em- ployed to inflame or mislead their minds ; and was sensi- ble that a government could be in no danger, while it re- tained the attachment and confidence of its subjects — at- rachmentj in this instaace, not blindly adopted, confidence 243 AMERICAN not implicitly given, but arising from the conviction of its excellence, and the experience of its blessings. I cannot indeed help admiring the wisdom and the fortune of this great man ; not that by the phrase for time I mean in the smallest degree to derogate from his merit. But, not- withstanding his extraordinary talents and exalted integri- ty, it must be considered as singularly fortunate, that he should have experienced a lot, which so seldom falls to the portion of humanity, and have passed through such a variety of scenes, without stain and without reproach. It must indeed create astoRishment, that placed in circum- stances so critical, and filling for a series of time, a station so conspicuous, his character should never once have been called in question ; that he should in no one instance have been accused either of improper insolence, or of mean submission, in his transactions with foreign nations. It has been reserved for him to run the race of glory, with- out experiencing the smallest interruption to the brilliancy of his career. The breath of censure has not dared to im- peach the purity of his conduct, nor the eye of envy to raise its malignant glance to the elevation of his virtues. Such has been the transcendant merit and the unparalleled fate of this illustrious man ! But if the maxims now held forth were adopted, he who now ranks as the asserter of his country's freedom, and the guardian of its interests, and honor, would be deemed to have disregarded and betray- ed that country, and to have entailed upon himself indeli- ble reproach. How did he act when insulted by Genet ? Did he consider it as necessary to avenge himself for the misconduct or madness of an individual, by involving a whole continent in the horrors of war ? No ; he contented himself with procuring satisfaction for the insult, by caus- ing Genet to be recalled : and »J:ius at once consulted his own dignity and the interests of his country. Happy A- mericans ! while the whirlwind flies over one quarter of the globe, and spreads every where desolation, you remain protected from its baneful effects, by your own virtues and the wisdom of your government. Separated from Europe by an immense ocean, you feel not the effects of those pre- judices and passions which convert the boasted seats of civilization into scenes of horror and bloodshed. You pro- fit by the folly and madness of the contending nations, and SPEAKER. 249 afford in your more congenial clime r.n asylum to those blessings and virtues which they wantonly contemn,. or wickedly exclude from their bosom ! Cultivating the arts of peace under the influence of freedom, you advance by rapid strides to opulence and distinction ; and if by any accident you should be compelled to take part in the present unhappy contest, if you should find it necesary to avenge insult, or repel injury, the world will bear witness to the equity of your sentiments and the moderation of your views, and the success of your arms will, no doubt, be proportioned to the justice of your cause ! Extracts of two Speeches delivered by Air. Sheridan to the Electors of Westminster^ on the 18th of September^ and the 22dof October^ I8O6, at the death of Mr. Fox. " Gentlemen, " Electors of Westminster, in addressing you upon this occasion, I am afraid, that, before I proceed to the few observations which I feel it my duty to submit to you, I shall be obliged to commence with a request which I am almost ashamed to make for your indulgence, if in CQn-* sequence of a short but sharp indisposition, from v/hich I am just recovering, my voice should not be strong enough to be clearly audible to the full extent of this large as- sembly. '•'• Upon that subject which must fill all your minds — upon the merits of vbat illustrious man, whose death has occasioned the present mcotjng^ I shall, I can say but little. There must be some interval o.tween the heavy blow thut has been struck, and the considerai\^ri.of i^s effect, before any one, and how many are there of tn^^^ -^yho have re- vered and loved IMr. Fox as I h.ive done, can spcRU of his death with the feeling, but manly composure which be- comes the dignified regret it ought to inspire. To you, however. Gentlemen, it cannot be necessarv to describe him — for you must have known him well. To say any thing to you at this moment, in the first hours of your un- burdened sorrows, must be unnecessary, and almost insult- ing. His image is still present before you — his virtue is ia your hearts — his loss is your despair ! 250 ' AMERICAN ** I have seen in one of the Morning papers what ars stated to have been the last words of this great man, — ■ ' I die happy ;' then, turning to the dearest object of his affection, * 1 pity you !' But had another moment been al- lowed him, ajid had the modesty of his great mind per- mitted it, well might he have expressed his compassion, not for his private friends only, but for the world — well might he have said, < I pity you ! I pity England ! I pity Europe ! I pity the human race !' — For to mankind at large his death must be a source of regret, whose life was employed to promote their benefit. He died in the spirit of peace, struggling to extend it to the world. Tranquil in his own mind, he cherished to the last with a parental solicitude, the consoling hope to give tranquillity to na- tions. Let us trust that the stroke of death, which has borne him from us, may not h^vc left peace, and the dig- nified charities of human nature, as it were, orphans upon the world. " The hour is not far distant when an awful knell shall tell you that the unburicd remains of your revered patriot are passing through the streets to that sepulchral home, where your kings — your heroes — your sages — and your poets lis, and where they are to be honored by the asso- ciation of his noble remains — that hour, when, however the splendid gaudiness of public pageantry may be avoid- ed, you — you — all of you will be self-marshalled In reve- rential sorrow, mute, and reflecting on your mighty loss. *' I have step by step followed Mr. Fox through the whole course of his political career, i>"d, to the best of my poor abilities, supported him 5" every one of those mea- sures and in the maintenap-^ of every one of those princi- ples which originallv recommended him to, and so long contir urd him i«, your confidence and esteem. It is true there b->vcr been occasions upon which I have differed ivith him — -painful recollection of the most painful moments of my political life ! Nor were there wanting those who en- deavoured to represent those differences as a departure from the homage, to which, though unclaimed by him, his superior mind was entitled, and from the allegiance of friendship v;hich our hearts all swore to him ; but never was the genuine and confiding texture of his soul more ma- nifest than on such occasions. He knew that nothing on SPEAKER. 251 earth could separate or detach me from him ; and he re- sented insinuations against the sincerity and integrity of a friend, which he would not have noticed had they been pointed against himself. With such a man to have battled in the cause of genuine liberty — with such a man to have struggled against the inroads of oppression and corruption — with such an example before me, to have to boast that I never in my life gave one vote in ParUament that was not on the side of freedom, is the congratulation that at- tends the retrospect of my public life. His friendship was the pride and honor of my days. I never, for one mo- ment, regretted to share with him the difEculties, the ca- lumnies, and sometimes even the dangers that attended an honorable course. And now reviewing my past political life, were the option possible, that I should retread the path, I solemnly and deliberately declare, that I would pre- fer to pursue the same course — to bear up under the same pressure — to abide by the same principles — and remain by his side, an exile from power, distinction and emolument, rather than be, at this moment, a splendid example of suc- cessful servility, or prosperous apostacy — though clothed with powers, honors, titles, and gorged with sinecures and wealth obtained from the plunder of the people. " Before I entered Parliament, 1 sought him out, and had the honor to enjoy his cordial friendship ; and that friendbhip 1 have the pride and pleasure to think was ne- ver for a moment interrupted to the latest period of his life. It is upon the same ground which urged me to look 'after, and enabled me to enjoy, that friendship, that I ana now induced to solicit your support. An attachment to freedom, and a determination to persevere through life in the principles of Mr. Fox, are the only grounds upon which I can rest a pretension to your confidence. My honorable friend in the chair has talked of supplying the loss of the great man we deplore ; but that is quite impos- sible. For, even in the scale of gradation, all men with regard to him are on a level ; .;nd thus I must pronounce my total disqualification. But yet, 1 vvil! yield to no man in a zealous regard for that sacred liberty, which, however its cause may have been betrayed by treachery, bedewed with blood, or profaned by sacriieg- id other nations, shall ever stand in my estimation as the highest gift which the Great 252 AMERICAN Creator ever conferred upon man. In devotion to this principle alone do I presirme to think myself in any degree equal to your late illustrious representative — to that man, who in powers of mind, stood completely unequalled— who, in my judgment, was, as a statesman, superior in in- tellect, not only to any this country has ever produced, but to any the world has ever witnessed." Extract from a celebrated Speech of Mr, Curran^ on a mo- tion to release Mr, Justice Johnson from illegal im- prisonme7it. My Lords — It has fallen to my lot, either fortunately, or unfortunately, as the event may be, to rise as counsel for my client on this most important and momentous occa- sion. I appear before you, my lords, in consequence of a writ issued by his majesty, commanding that cause be shown to this his court, why his subject has been deprived of his liberty, and upon the cause shown in obedience to this writ, it is my duty to address you on the most awful ques- tion, if awfulness is to be judged by consequences and e- vents, on which you have been ever called upon to decide. — Sorry am I that the task has not been confided to more adequate powers ; but, feeble as they are, they will at least not shrink from it. I move you, therefore, that Mr. Just- ice Johnson be released from illegal imprisonment. I cannot but observe the sort of scenic preparation with which this sad drama is sought to be brought forward. — In part I approve it. In part it excites my disgust and in- dignation. 1 am glad to find that the attorney and solici- tor general, the natural and official prosecutors for the state do not appear; and I infer from their absence, that his ex- cellency, the lord lieutenant, disclaims any personal con- cern in this execrable transaction. I think it does him much honor ; it is a coi;duct that equally agrees with the dignity of his character and the feelings of his heart. — To his private virtues, whenever he is left to their influence, I willingly concur in giving the most unqualified tribute of respect. And I do firmly believe, it is with no small regret that he suffers his name to be even formally made use of, in avowing for a return of one of the judges of SPEAKER. 2^3 the land with as much indifference and fion chalence as if he were a beast of the plough. I observe too, the dead silence into which the public is frowned, by authority, for the sad occasion. No man dares to mutter ; no newspa- per dares to whisper that such a question is afloat. It seems an inquiry among the tombs, or rather in the shades beyond them. Ibant sola sub nocte per umbram I am glad it is so — I am glad of this factitious dumb- ness ; for if murmurs dared to become audible, my voice would be too feeble to drown them j but when all is hush- ed — when nature sleeps — Cum quies mortalibus aegris The weakest voice is heard — the shepherd's whistle shoots across the listening darkness of the interminable heath, and gives notice that the wolf is upon his walk ; and the same gloom and stillness that tempt the monster to come abroad, facilitate the communication of the warning to beware. Yes, through that silence the voice shall be heard ; yes, through th^t silence, the shepherd shall be put upon his guard ; yes, through that silence shall the felon savage be chased into the toil. Yes, my lords, I feel my- self cheered and impressed by the composed and digni- fied attention with which I see you are disposed to hear me on the most important question that has ever been sub- jected to your consideration ; the most important to the dearest rights of the human being ; the most deeply inte- resting and animating that can beat in his heart, or burn upon his tongue — Oh! how recreating is it to feel that oc- casions may arise in which the soul of man may reassume her pretensions ; in which she hears the voice of nature whisper to her, gs homini sublime dcdi conhimque tueri ; in which even I can look up with calm security to the court, and down with the most profound contempt upon the reptile I mean to tread upon ! I say reptile ; because, when the proudest man in society becomes so the dupe of his childish malice, as to wish to inflict on the object of his vengeance the poison of his sting ; to do a reptile's work, he mast shrink into a reptile's dimensions ; and so shrunk, the only way to assail him is to tread upon him* Z 254 AMERICAN But to the subject ; — this writ of habeas corpus has had a return. Thatreturn states, that lord EUenborough, chief justice of England, issued a warrant reciting the founda- tion of this dismal transaction : that one of the clerks of the crown office had certified to him, that an indictment had been found at Westminster, charging the honorable Robert Johnson, late of Westminster, one of the justices of his majesty's court of common pleas in Ireland, with the publication of certain slanderous libels against the government of that country ; against the person of his excellency lord Hardwicke, lord lieutenant of that coun- try ; against the person of lord Redesdale, the chancellor of Ireland ; and against the person of Mr. Justice Osborne, one of the justices of the court of king's bench in Ireland. One of the clerks of the crown office, it seems, certified all this to his lordship. How many of these there are, or who they are, or which of them so certified, we cannot, presume to guess, because the learned and noble lord is silent as to those circumstances. We are only informed that one of them made that important communication to his lordship. It puts me in mind of the information giv- en to one of Fielding's justices : "did not," says his wor- ship's wife, " the man with the wallet make his fidavy that you was a vagram ?" I suppose it was some such pet- ty bag officer who gave lord EUenborough to understand that Mr. Justice Johnson was indicted. And being thus given to understand, and be informed, he issued his war- rant to a gentleman, no doubt of great respectability, Mr. Williams, his tipstaff, to take the body of Mr. Justice Johnson, ard bring him before a magistrate, for the pur- pose of giving bail to appear within the first eight days of this term, so that there might be a trial within the sittings after ; and if, by the blessing of God, he should be con- victed, then to appear on the return of the postea, to be dealt with according to law. Perhaps it may be a question for you to decide, whe- ther that warrant, such as it may be, is not now absolutely spent ; and, if not, how a man can contrive to be hereaf- ter in England on a day that is past ? And high as the o- pinion may be in England of Irish understanding, it will be something beyond even Irish exactness to bind him to appear in England not a fortnight hence, but a fortnight SPEAKER. 255 ago. — I wish, my lords, we had the art of giving time this retrogade motion. If possessed of the secret we might possibly be disposed to improve it from fortnights into years. — There is something not incurious in the juxtaposition of signatures. The warrant is signed by the chief justice of all England. — In music, the ear is reconciled to strong transitions of key, by a preparatory resolution of the inter- vening discords; but here, alas ! there is nothing to break the fall : the august title of Ellenborough is followed by the unadorned name of brother Bell, the sponsor of his lordship's warrant. Let me not, however, be suffered to deem lightly of the compeer of the noble and learned lord. Mr. Justice Bell ought to be a lawyer ; I remember him myself long a crier,* and I know his credit with the state ; he has had a noli prosequi. I see not therefore why it may not fairly be said *^ fortunati ambo /" It appears by this return, that Mr. Justice Bell indorses this bill of la- ding to another consignee, Mr. Medlicot,a most respecta- ble gentleman ; he describes himself upon the warrant, and he gives a delightful specimen of the administration of justice, and the calendar of saints in ofRce ; he des- cribes himself a justice and a peace officer — that is, a m^= gistrate and a catchpole ; so that he may receive informa- tion as a justice ; if he can v»rite, he may draw them as a clerk ; if not, he can execute the warrant as bailiff; and, if it be a capital offence, you may see the culprit, the jus- tice, the clerk, the bailiff, and the hangman, together in the same cart ; and, though he may not write, he may " ride and tie !" What a pity that their journey should not be further continued together ! I'hat, as they had been ^' lovely in their lives, so in their deaths they might not be divided !'' I find, my lords, I have undesignedly raised a Liugh ; never did I less feel merriment. — let me not be condemned — let not the laugh be mistaken. — Never was Mr. Hume more just than when he says, that ** in many things the extremes are nearer to one another than the means." Few are those events that are produced by vi<:e and folly, that fire the heart with indignation, that do not also shake the sides with laughter. So when the two fa- * This g-entleman was formerly criei- to the late baron Hamilton, when, the bcirou went circuit as a judge. 256 AMERICAN mous moralists of old beheld the sad spectacle of life, the one burst into laughter, the other melted into tears ; they were each of them right, and equally right. Si c red as utrlque Res sunt htamanae flebile ludibrium But these laughs are the bitter ireful laughs of honest in- dignation, — or they are the laughs of hectic melancholy and despair, Sfieech of Mr, Grattan in the British Parliament on the Catholic ^lestioii— April 22>d, iai2. ^ You should t ver beiir in mind the true nature and ori- gm of your connection with Ireland. It arose out of pri- vilege, contract, opportunity, covenant, expediency, specu- lation—any thing but conquest. You never conquered Ireland ; no right of conquest shook the right of property, and if they had a property which they were justified in concluding to be sacred, it was their property in the Gos- P^^* ^.^y^^" God gave man a Revelation, he gave him al- BO a light by which to read it, the conscientious interpre- tation of his own reason. The Irishman applies to his God, without thinking it necessary to have a license from liis king. If Parliament interfere, what can be the result of such interposition ? they might do much in heaping dis- qualification upon disqualification ; they might assert their political omnipotence within the regions of error, but their omnipotence could never make wrong right. In disqua- lifying a British subject on account of his religious opin- ions, they would attack the principle that made them a Parliament, and disqualify themselves. I admit that there may possibly exist circumstances connected with matters of religious opinion, which might call for the regulation of the Legislature ; but those are such only as essentially af- fect the allegiance of the subject. I ask you, will you ar- gue the rights of the Catholics upon that ground? No; because you can have no doubt of their allegiance ; if you will not read the history of past years, you cannot help reading their present history in the Gazette of every pass- ing day. You cannot help knowing that Irishmen arc eve- SPEAKER, 257 ry day bleeding to ensure your safety, and dying to ad- vance your glory. The names of the proscribed appear in the honorable nnemorials of every Gazette, to shame the proscription that robs them of nobler distinction, and you of greater strength. This is no new objection, I remem- ber when it was contended, that Irishmen could not bear allegiance to an English government. — I remember when it was contended that no Irishman could feel attachment towards a Prince of the House of Hanover ; but time has done with prejudice what reason never could do. Ireland has proved herself capable of long and patient allegiance. The objection has died in its own folly ; but folly had still other objections to generate and to destroy* — the power of the Pope was called in, and made to teem with phantoms against the peace of Protestantism. Ireland, said these reasoners, can never atnalgamate with England, because of her acknowledgmentof a foreign temporal supremacy, that can at any time arbitrarily interfere with her allegiance to n Protestant king. This has been doubly falsified — falsi- fied by reasoning that proves it never could be 505 falsifi- ed by fact, ihat shews it never has been so : if it had been so, Europe could not have existed for a year — the great fountains of social intercourse must have been broken up, and a moral deluge have covered the face of the nations ; all the communities of the christian world must have crumbled into the ruins of one great moral dissolution ; but the objec- tion has been answered ; answered with a solemnity that no- thing bat the horror of its own virulence could have render- ed necessary ; it has been answered by six Universities, Pa- ris, Louvain, Douay, Salamanca, Padua, Valladolid ; each and all denied the power of the Pope, the dispensing power 5 each and all affirmed, that every Catholic was bound irre- vocably by his oath ; this was their answer, and they gave it with all horror of the low, uncharitable, and dark suspi- cion that could have suggested the bad doubt that requir- ed it. Thf re is another answer, the oath which your own Acts of Parliament have required of them. There is yet another, the acknowledgment of their steady faith and un- wavering allegiance in the preambles of your own acts. There is still another, your votes of thanks: there was strong fact against v/eak sophistry. You have voted thanks year af- ter year to armies composed of Catholics, for victories wob Z 2 258 AMERICAX by the aid of Catholics ! What were all these : Verdicts, so many verdicts, verdicts of acquittal; verdicts found by their accusers. There then stood the legislature, with the pe- nal code in one hand, and honorable acquittal in the other; the one gratefully proclaimed, but the other superstitious- ly and iniquitously adhered to — but the innocence and the merits of the Catholics had now another sanction in evi- dence, less interested and more decisive — this evidence was negatively as well as possitively strong — they had first strong negative testimony: Where I ask, where are those Protestant petitions against their claims, which we were told would have by this time, borne down your table? we were told in the confident tone of prophecy, that England would have poured in her petitions from all counties, towns, and corporations, against the claims of Ireland ; I ask, where are those petitions ? has London, her mighty capital, has the university of Dublin, mocked the calami- ties of your country, by petitioning in favour of those pre- judices that would render us less able to redress them ? Have the people of England raised a voice against their Catholic feilovr-subjects ? No ; they have the wisdom to see the folly of robbing the Empire, at such a time, of one-fourth of its strength on account of speculative doc- trines of faith. They will not risk a kingdom on account of old men's dreams about the prevalence of the Pope. They will not sacrifice an empire because they dislike the sacri- iice of the Mass. The Church too have acted v.ith the same wisdom that the people have, and with a decency worthy her sacred office. We have not seen the ecclesi- astical horn raised to gather together the materials of tu- mult — we have not heard it sounded so as to thrill through the whole sphere of religious prejudice, and rouse it from the centre to the circumference. We no longer see the pulpits of peace hung v/ith the emblems and banners of division — or hear from them the thunders of polemical di- vinity. We no longer witness the procession of a set of dull divines to proclaim their zeal for the Church in their animosity to the Constitution, and their meek attachment to their own faith, in their damnation of every other. I ay then England is not against us. She has put ten thou- and signatures upon you table in our favour. And what ays the Protestant interest in Ireland I Look at their pe- SPEAKER. 259 titlon — examine the names — the houses — the families — » ' Look at the list of merchants — of divines. Look, in a word at Protestant Ireland calling to you in a warning voice — telling you that if you are resolved to go on till ruin breaks with a fearful surprise upon your progress, they will go on with you — they must partake your danger, though they will not share your guilt. Ireland, with her Imperial Crown, now stands before you. You have taken from her, her Parliament, and she appears in her own porson at your bar. Will you dismiss a kingdom without a hearing ? Is this your answer to her j zeal, to her faith, to the blood that has so profusely graced your march to victory — to the treasures that have decked your strength in peace. Is her name nothing — her fate indifferent — her contributions insignificant — her six mil- lions revenue — her ten millions trade — her two millions ab- sentee — her four millions loan? Is such a country not worth a hearing? Will you, can you dismiss her abruptly from your bar? you cannot do it — the instinct of England is against it — we may be outnumbered now and again but in calculating the amount of the real sentiments of the peo- ple — the cyphers that swell the evanescent majorities of an evanescent Minister, go for nothing. Can Ireland forget the memorable ?era of 1788 ?^ Can others forget the munificent hospitality with which she then freely gave to her ihosen hope all that she had to give ? Can Ireland forget the spontaneous and glowing cordiality wi;h which h;rr favours were then received? Never! Never ! Irishmen grr%v justly proud in the con- sciousness of biring subjects of a gracious predilection a predilection that required no apoiogy, and called for no rmuntiatioi) — a predilection that did equal honor to him who felt it, and to those who were the objects of it. It laid the grounds of a great and fervent hope — all a nation's wishes crowdit.g to a point, and looking forward to one I event as the great coming at whieh every wound was to be healed, every tear to be wiped away—the hope of that hour beamed with a cheering warmth and a seduct- ive brilliancy. Ireland followed it with all her heart a * Alludin,^ to the Regency— then Ireland offered a power without restraint to the Prince Of Wales, which the British Parliament had lettered. 260 AMERICAN leading light through the wilderness, and brighter in ts gloom. She foUowccJ it over a wide and barren waste ; it has charmed her through the desert, and now that it has led her to the confines ot light and darkness, now that she is on the borders of the promised land, is the prospect to be suddenly obscured, and the fair vision of Prmcelij Faith to vanish for ever ? — I will not believe it — I require an act of Parliament to vouch its credibility — nay more, I demand a miracle to convince me that it is possible ! — So much for one disappointment — if you bid Ireland despair — there is another, the Union. I speak not of the precise form of words according to which Ireland covenanted a- way her independence — but I say this, that had it not been for the expectation of the removal of all religious disqua- lifications, Ireland would now have her resident Parlia- mert — Ireland knows this. England cannot doubt it. I come, therefore, to an honorable nation, not to exact the letter of the bond, but the spirit of the covenant — you got tlieir Parliament, because they thought you would grant tncm their ric;hts in exchange — character in trade is wealth, it Is strength in politics — in arms it is the glory that is in- vincible. The name of England has won victories in fo- rcijin cabinets — net up to the principle that made the men- tion of you formidable abroad, and you may long^be Eng- land — If vou refuse, you dissolve the union — you destroy t!ie principles of incorporation — a form of words cannot unite where facts substantially dissever — the two countries have been formally united, but has the mere force of form kept them together? No, the union has been kept togeth- er by expectancy, and must be dissolved by despair — two nations cannot exist together in one union of mere Parlia- ment and power, from v^hich the people of both countries are excluded — We have a union of Parliament — we have a union of Power, but no union of People — It is a union that makes a Parliament more handy to a Minister, but it makes the People nothing — the integrity—the heart of the gigantic whole that could put forth the hundred arms for our safety, cease to beat— -the pulse of life is still— let the Constitution circulate, and we are again an empire. The Irish Catholic asks for rights— the Irish Protestant asks for consolidation— and both ask for the integrity of the empire. On this question Ireland is united. If you re- SPEAKER. 26t fuse — I say dissolve the union — it must end in separation — There are two kinds of separation — separation in fact, and separation in disposition. You are undone by either. If you will have it so, Ireland must descend into the grave ; but depend upon it, that the gorgeous empire of Great Bri- tain must soon follow. — The day on which you decide her doom, you decide your own. — Your common interest is placed in the same balance — throw Ireland out of the scale — weigh England and she will be found wanting. After your folly has thus dug your grave, your historian muy easily write your epitaph. " Htre lies all that re- mains of England — England taxed America and lost her — disqualified Ireland and lost her, and then died the death !" You say you disqualify for general good — I deny it — you cannot make laws God cannot make — God cannot make arbitrary laws — you have, I admit a right to regu- late the qualification — and why ? because you are a trus- tee for the privilege that qualifies — but you cannot arm the qualification against the privilege — you cannot make the qualification destroy the privilege — when you attempt to do so — you exceed your power — you say, you legislate for the general good ? what is the modern acceptation of the general good ? — the power of the state opposed to the liberties of the people — for here we have the power of a sect labouring to work the eternal deprivation of a people. There are two species of laws — the laws of municipalities — the laws of God — the former, to be good mast rest on the principles of the latter — but when you would rest your establishments (as you call them) upom the one end oi prescripti\e exclusion, the law of nature must prevail, the State will reel to its due centre of gravit}-, and God will vindicate his own laws — by such laws you exceed your powers, you oppose the Almighty himself, and though you had a host of miires on your side, you strike God out of the ecclesiastical constitution, and liberty out of the political — Nomination is the right of the no.ninator — eli- gibility is the right of the Commons — von have made the Catholics a part of the Commons of the Empire by your own act, and you cannot deny tht-m the constilutional pri- vileges belonging to the rank you have given them iu the Constitution. Nothing m their mere religious creed 262 AMERICAN could be gravely supposed to vitiate their claimr The State has nothing to do with their seven Sacraments. Ex- communications have been spoken of as a formidable pow- er; the parishioner excommunicated has his action against the priest — he actually recovered damages recently in Ire- land. But the power of the Pope divides their allegi- ance ! Has it divided their allegiance to any other Catho- lic country ? If it has, why is the Pope, whom the Pe- tition from Cambridge describes as enjoying greater pow- er than ever — why is he now a state prisoner in France ? If the Pope be great in power, how much greater must be the king of Spain who is also a state prisoner. You are paying twenty millions in support of the war in Spain with- out any stipulation about the Pope. Why are you not ap- prehensive that you are fighting for the reversionary in- terests of France in the Peninsula ? Thus did you tread upon this bigotry whenever it stood in your way, and ne- ver stooped to raise it, but you would lift it against the claims of your fellow-subjects. You talk of difficulty. I answer, go into the Committee, and all difficulty vanishes* The only solid obstacle to peace at home and strength a- broad, are the Ministers themselves. You say you tole- rate their religion — I say you pumsh it. What ! am I in an assembly of Englishmen ? Is it in a British Parliament that it is doubted whether civil disabilities be a grievance? Is the right of representation nothing? the right of trial by jury nothing? The Irish Catholic has not the right of trial by his Peers — he has not the privilege of a foreigner - — of the inidiatce lingua: — tried by a jury of Protestants, packed by a partizan Sheriff. I speak of trials aSfecting thtir religious interests. But we were told, that was am- bition of power, not an anxiety for protection. Why, it v/as ambition — the ambition of a man not to be robbed — of a woman not to be ravished — the ambition of life, lib- erty, limbs and property. This was the ambition, and what v/ere we to think of his idea of glory, who could call tliis ambition? W^e who support, and they who opposed these Petitions, alike call for security. We call for secu- rity against civil servitude — against discontent in Ireland, and danger to the Empire. We call for security againot the mad policy that would make the British name in Ire- land odious—the iJritioh faith in Ireland equivocal — that SPEAKER. 263 would disinherit Ireland of her hopes and policy, the nerve that binds the two countries together. I call upon them to shew the danger. Let them answer this by fact — by argument, and not by sending out a crowd of ghosts and hobgoblings, fears too shadowy to be grasped at. Is there danger in the Eucharist ? in the adoration of the Virgin Mary ? In the family of the Pretender? in the temporal power of the Pope ? admit that there were, they are but prospective, and we should still go into the Committee. As to the Feto, you might have had it perhaps ; but if you let the time go by, at which alone it might have been ob- tained, you are not to blame those who exhorted you then to take it ; above all, think it not for your safety to teach England to distrust Ireland, or Ireland to hate England. If you persuade the wife that her husband hates her, and the husband that he has lost his wife's affections, what becomes of the marriage ? I respect the Universities of England even in their errors ; I respect, I love, all connect- ed with the city of Dublin, but when they p-^tition for a continuance of the Catholic disabilities however good their intentions, rely upon it they petition for separation. Eng- land has not lent her sanction to this prejudice — I cannot believe she ever will — let her give but her confidence to Ireland, and they may both defy the world — it will be so — it must be so — this stately empire that stood erect a- gainst the shock of the mighty G.tul, and his millions in arms — will never wither and consume away before a phan- tom — will never fall in pieces at the touch of Harlequin's wand — I will as soon believe that the whole British navy could be swept from the surface of the deep it rules, by the blast of a storm raised by witches ! — Let England but be wise, Ireland will be happy, and the empire immortal. In answer to every thing which had been urged against the admission of Roman-Catholics to the Senate, the Bench and the Army, I will tell the House to ask the Admi- rals and Generals under whom they have served, for their character ; to look into the public papers for the numbers who every day die in the service of their country ; to ask how many oliicers at present lie covered with wounds. Ask their country for their character — ask the Noblemen and Gentlemen of Ireland — the Houses of Leinster and Orniond. Ask those men who bear the brunt of the dun- 264 AMERICAN ger, and they \vill tell you — Don't hazard the safety of Ireland and England on such arguments. I appeal to the English nation — I appeal to Parlianient — I appeal to the hospitals now filled with wounded Catholics. I appeal to the fields of Spain and Portugal, drenched with their blood I appeal to those gallant men who so oft have carried the British thunder triumphant over the waters of the deep — I appeal to you against a policy which invites one half the nation to cut the throats of the other — I appeal to you to guard and protect that country against such a disgusting degradation. — you come down here this day to decide an Irish question, and I will tell you that the whole of the case may be comprized in one sentence ; you are both ru- ined unless you unite—and Ireland answers you— We will have our liberties, and our lives are at your service. Dr» DocWs Address to the Court before his receivhig- sen- tence of Death— 1777. '' My Lord— I now stand before you a dreadful exam- ple of human infirmity. I entered "upon public life with the expectations common to young men whose education has been liberal, and whose abilities have been flattered ; and v/hen 1 became a clergyman, I considered myself as not impairing the dignity of the order. I was not an idle, nor I hope, an useless minister: I taught the truths of Christianity with the zeal of conviction, and the authority of. innocence. My labours were approved— my pulpit became popular ; and, I have reason to believe, that of those who heard me, some have been preserved from sin, and some have been reclaimed.— Condescend, my lord, to think, if these considerations aggravate my crime, how much they must embitter my punishment ! Being distin- guished and elevated by the confidence of mankind, I had too much confidence in myself, and thinking my integrity, %vhat others thought it, established in sincerity, and forti- fied by religion, I did not consider the danger of vanity, nor suspect the deceitfulness of my own heart. The day of conflict came, in which temptation seized and over- whelmed me ! I committed the crime, which I entreat your lordship to believe that my conscience hourly repre- SPEAKER. 265 sents to me in Its full bulk of mischief and malignity. — Many have been overpowered by temptation, who are now among the penitent in heaven ! To an act now wait- ing the decision of vindictive justice, I will not presume to oppose the counterbalance of almost thirty years (a great part of the life of man) passed in exciting and ex- ercising charity— in relieving such distresses as I now feel -—in administering those consolations which I now want. I will not otherwise extenuate my offence, than by declar- ing, what I hope will appear to many, and what many cir- cumstances make probable, that I did not intend finally to defraud : nor will it become me to apportion my own punishment, by alleging that my sufferings have been not much less than my guilt. I have fallen from a reputation, which ought to have made me cautious, and from a for- tune, which ought to have given me content. I am sunk at once into poverty and scorn : my name and my crime fill the ballads in the streets ; the sport of the thoughtless and the triumph of the wicked ! It may seem strange, my lord, that, remembering what I have lately been, I should still wish to continue what I am : but contempt of death, how speciously soever it may mingle with heathen virtues, has nothing in it suitable to christian penitence. Many motives impel me to beg earnestly for life. I feel the na- tural horror of a violent death, the universal dread of un- timely dissolution. I am desirous to recompense the inju- ry I have done to the clergy, to the world, and to religion ; and to efface the scandal of my crime, by the example of my repentance : but, above all, I wish to die with thoughts more composed, and calmer preparation.— The gloom and confusion of a prison, the anxiety of a ti'Ial, the horrors of suspense, and the inevitable vicissitudt^s of passion, leave not the mind in due disposition for the holy exercises of prayer, and self examination.— Let not a little life be de- nied me, in which I may, by meditation and contrition, prepare myself to stand at the tribunal of Omnipotence, and support the presence of that judge, who shall distri- bute to all according to their works — who will receive and pardon the repenting sinner, and from whom the merci- ful shall obtain mercy ! For these reasons, my lord, a- midst shame and misery, I yet wish to live j and most A A 266 V^MERICAN humbly imj^lore, that I may be recommended by your lordship to the clemency of his majesty." Speech of Mr, Home on the trial of Mr, Barbot^for kill- mg Mr, Mills hi a Duel— 17 5Z, " How is the name of honor prostituted ! Can honor be the savage resolution, the brutal fierceness of a revenge- ful spirit ? True honor is manifested in a steady, uniform train of actions, attended by justice, and directed by pru- dence. Is this the conduct of the duellist ? will justice support him in robbing the community of an able and useful member ? and in depriving the poor of a benefac- tor t will it support him in preparing affliction for the wi- dow's heart ? in filling the orphan's eyes with tears ? Will justice acquit him for enlarging the punishment beyond the offence ? will it permit him, for, perhaps, a rash word that may admit of an apology, an unadvised action that may be retrieved, or an injury that may be compensated, to cut off a man before his days be half numbered, and for a temporary fault inflict an endless punishment ? On the other hand, will prudence bear him out in risking an infa- mous death if he succeeds in the duel? but if he falls, will it plead his pardon at a more awful tribunal, for rushing into the presence of an offended God ? " Senseless as this notion of honor is, it unhappily has its advocates among us : but for the prevalence of such a notion, how could the amiable person, whose death has made the solemn business of this day, be lost to his coun- try, his family, and his friends ? Would to God that I was a master of words, and it could be indulged to the tender- ness of a friend to pay a tribute to his memory ! I might then endeavour to set him full before you in the variety of his excellence j but as this would be venturing too far, I can only lament that such virtue had not a longer date : that this good man was cut off in the strength of his age, ere half his glass was run : when his heart was projecting and executing schemes to relieve distress, and by the most sur- prising acts of beneficence, vindicating the bounty of Pro- vidence for heaping wealth upon him. SPEAKER. 267 " Duelling seefhs to be an unnatural graft upon genuine courage, and the growth of a barbarous age. The polite nations of Greece and Rome knew nothing of it : they re- served their bravery for the enemies of their countrv, and then were prodigal of their blood. These brave people set Honor up as a guardian genius of the public, to hu- manize their passions, to preserve their truth unblemished, and to teach them to value life only as useful to their coun- try. The modern heroes dress it up like one ol the dte- mons of superstition besmeared with blood, and delight- ing in human sacrifice.'* Speech of Mr, Noland on the passage of the BUI to suppress Duellings in the Virginia Legislature, " Mr. Speaker — The bill which has been read, is one which claims the serious attention of this house : it is one in which every member of this body, in which every citi- zen of Virginia is deeply interested. The practice of duelling seems to me but an unnatural graft on genuine courage, growing out of a barbarous age ; for we find that it was first introduced by the Goths and Vandals, during the days of their ignorance and barbarism. The polite and polished nations of Greece and Rome, who were ever prodigal of their blood when in defence of their country's rights, knew nothing of this detestable practice, which ap- pears to me to be built on an infinity of absurdities : be- cause while it seems to suppose, that a man's honor ought to be dearer to him than his life, it at the same time supposes, that his honor is in the power of every unprin- cipled villain that can invent or tell a lie, or every careless or ill-bred person that may josde him in his way : it sup- poses that a lie may become true and honorable, provided the person who tells it is willing to fight in support of it ; and that any crime whatever may become honorable, by fighting in its defence; it supposes that the man who is covered with guilt, who has wounded the peace of his friend, by staining the character of his \Mfe, or of his daughter, becomes at once an honorable man, by heroically washing out those stains, in the blood of the husband or the father : it farther supposes, that it is better for a man. 268 AMERICAN to be condemned by his own conscience, and by the vir- tuous and rational part of mankind than to suffer one mq*- inent n the opinion of the advocates for duelling ; — final- ly, that stetl and gunpowder are the true diagnosticks of innocence and moral excellency. If, sir, having seized the villain who have violated my wife, I should bring him be- fore a tribunal of justice, what would be your opinion of the judge who should order that I, the innocent, injured man must cast lots with the guilty, which of us must die. —Would not your heart chill at such a sentence ? Would not you pronounce it contrary to reason, to common sense and justice? You surely would. In the case of duelling, the public is the judge. I receive an injury, for which nothing but life can atone, I do not appeal to the public ; no, sir, the public officiously interferes and condemns me, under the penalty of perpetual disgrace, to cast lots with the aggressor which of us must die. Was there ever any thing more preposterous! more abominably absurd ! It is the opinion of many, sir, that duelling is an evil, which will correct itself; while others say, it is of little concern to the rational and virtuous part of mankind, in v»'hat manner knaves and fools may think proper to rid the world of each other, as it will not deprive society of one valuable member; but daily experience convinces us, that both these opinions are incorrect ; for while the evil is growing to an alarming height, we find that some of our best citizens have exposed their individual lives, while others have fallen victims, to this abominable practice ; and will the collected wisdom of this commonwealth make no effort to suppress this sanguinary and growing evil ? Will the enlightened legislature of Virginia make no stand against the current of public opinion ? I hope — I trust they will. Sir, so long as it is believed that the practice of duelling is sanctioned by public opinion, there is no man, who is anxious to maintain his social standing, can refuse, what is termed an honorable call. No matter how much his moral and religious principles may be opposed to the practice ; no matter though he may have a wife and children deper.ling on his exertions for their daily bread ; no matter how great claims his country may have on his talents, in critical and trying times, he loses sight of all in the dreadful idea of being stigmatized as a coward.- SPEAKER, 269 PiUJusque letho Jlagitium timet — he seizes the f;ital wea- pon — he marches to the combat, receives the mortal wound, and leaves a disconsolate widow and a number o£ helpless orphans to mourn their irreparable loss. This, sir, is not fancy, these are scenes that frequently, very fre- quently pass in review before us. — Pass this bill, sir, and you put a stop to the evil — pass this bill and you place a shield between the man of feeling and the public opiniou — you raise a barrier in the road to honor and prefer- ment, at which the ambitious man will pause and reflect ere he rashly engages in a duel — pass this bill and I will venture to predict, that you will preserve the lives of ma- ny, very mony valuable citizens — Had a similar law passed at your last session, Mr. Speaker, it would have been at- tended with the best of consequences— We should not now be lamenting the loss of a Pope, a Hooe, and a Smith — On us in part rests the blame of robbing society of those able and useful members — on us, sir, in part, rests the blame of preparing aiiliction for the widow's heart, of filling the orphan^s eye with tears, and bringing trouble and misfortune on numerous relatives. As fathers then, as brothers, as men and as legislators, I call on this house to suppress an evil which strikes at you in all these tender relations — -I call on you to raise your hands against a crime, the disgrace of the land and the scourge of our peace — I call on you to set an example worthy of your- selves and of those you represent ; and should this bill not have the desired eflect, you will enjoy the consolation of having performed your duty. Before I sit down, I give notice, I shall call for the ayes and noes. I am anxious to have my name recorded on this question — I wish to enter my protest against duelling. There are some ge:ii- tltmen, Mr. Speaker, far be it from me to insinuate that there are any in this assembly, who though opposed to the principle of' duelling, do not wish to proclaim their senti- nients to the world, lest tliey should be suspected of a want of fortitude : I sir, have no such fears : for I never did sup- pose, the fighting of a duel, a mark of fortitude— No, sir, true fortitude is a cardinal virtue, depending on, and inse- parable from other virtues — it is that firm manly intrepidity of suul, which enables us to meet danger in critical and try- ing situations — it is the virtuous man's shield, by which he A A 2. 270 AMERICAN defends himself from the evils of the world — it is the an- chor which keeps him steady amidst the storms and hurri- canes of life. The intrepidity or courage of a duellist al- though it seems to imitate, cannot be said to be a virtue. 3 because it is not the object of moral virtue.'^ Extract from a Speech of Lord Stanhope on Neutral Rights. My Lords, — I rise, to bring forward the motion of which I have given previous notice, respecting a resolu- tion that all independent nations should be treated upon the principle of perfect equality and complete reciprority. In proposing this resolution to the house, 1 have not mere- ly in my eye the circumstances in which we now stand, with regard to America : The principle to which I allude should, in my opinion, be extended to all states and na- tions indiscriminately, and I feel the most sanguine hope that the right honorable members of this house are prepar- ed to give it that due attention which its urgency requires and which Great-Britain demands. In the ftrst place, my lords, I cannot help noticing the absence of ministers on this important occasion : but I have already had occasion to observe, that they seem anxious to avoid all discussions on this topic. I will not say that their conduct is impru- dent; but whatever it may be; I feel it incumbent on me to express my sentiments, when the voice of such an im- portant, and imperious duty calls upon me to express them» I must therefore, my lords, most earnestly deprecate a war with America, and I trust the house will as earnestly u- nite with me in deprecating thfit dreadful calamity, when they duly consider the many difficulties and dangers with which we are already he-set. The right honorable mem- bers of this house must recollect, that in times of scarcity, our principal relief was derived first from Poland, next from America. Poland is now shut against us by the influence of our enemy, and shall we also shut against us the pcits of America, by our own folly. If, my lord'i, the .ministers are bent on this dreadful alternative, it needs not the spirit of prophecy, neither need we turn over the leaves of fate's eventful volume, to know what will be the coiisequence. If the Baltic is closed against you, if by the SPEAKER. 271 frantic and transient energy of intoxicated rag?, you should shut the ports of America on your commerce, whence are you to derive materials and stores for your naval arsenals, if the north of Europe and North America are to refuse us these supplies. Do you not, my lords, plainly discover, for I trust you have not yet to learn, that your enemy has been carrying on a war against your finances and resourc- es. To what seas will you waft your commerce ; from whence will your resources be derived, what will become of the greatness and security of England, when our navy, the source of our pride, the source of our strength and wealth is gone ? Are not these serious considerations ? Do they not demand your most serious attention ? Do they not require your cool and candid discussion? Where is the minister — who is the minister that will dare to pol- lute the ear of majesty with the name of war with Ameri- ca ? Why are they not here this day to answer for them- selves ; to point out to us their future resources ? I will now only remark, that as all individuals, whether high or low, poor or rich, are the same in the eye of Almighty God ; so nations whether extremely powerful or weak, whether opulent or poor, should be the same in the con- templation of the law of nations. This then, my lords, is the principle upon which my mind rests, and upon which I ground the resolution I h ive now to move, and as I have the pleasing satisfaction to see every attention paid to the few serious and searching remarks that I have just made — I move, my lords, that this day, in the presence of God and man, it be resolved that the principle upon which we shall act towards indi^pendent nations at peace with the British government, shall be a principle of perfect e- quality and complete reciprocity. Extract from the Speech qfWiUiam Livingston^ Esq, GoV' ernor ofNexv-Jerseij,^ to the Council^ and General Assem-- bly of the State, Gendemen, — Conceiving it my duty to state, ray sen- ments on the present situation of affairs, between Great Britain and America, you will excuse my giving you the trouble'of attending for that purpose* 2rJ AMERICAN After deploring with you the desolation spread thi'ough part of this state, by an unrelenting enemy, who have mark- ed their progress with a devastation unknown to civilized nations ; I congratulate you on the success, against them at Trenton and the victory obtained at Princeton, by the gallant troops under Washington. The disgust they have given to their ov/n confederates amongst us, by their ravages ; has enabled us to distinguish our friends from i»ur enemies. It has opened the eyes of those who were made to believe that abetting our per- secutors, would exempt them from the common calamity. But as the rapacity of the enemy was boundless, their ra- pine was indiscriminate, and their barbarity unparalleled They have plundered friends and foes. Effects capable of division, they have divided ; such as were not, they have destroyed. They have warred upon decrepid age ; and defenceless youth. They have committed hostilities against the professors of literature, and the ministers of religion ; against public records, and private monuments ; against books of im- provement, and papers of curiosity ; and against the arts and sciences. They have butchered the wounded, asking for quarters ; mangled the dying, weltering in their blood ; refused the dead the rights of sepulture : suffered prison- ers to perish for want of sustenance ; violated the chasti- ty of women ; disfigured private dwellings of taste and ele- gance ; and, in the rage of impiety and barbarism, profan- ed edifices dedicated to Almighty God ! Yet there are some among us, who, deluded by insidious prop6sitions, — are aiding their machinations, to deprive us of that liberty, without which man is a beast, and govern- ment a curse. Besides the baseness of wishing to rise on the ruin of our country ; or to acquire riches at the expense of the li- berties and fortunes of our fellow-citizens, how soon would those delusive dreams, upon the conquest of Ame- rica, be turned into disappointment. Instead of gratuities, these unhappy accomplices in tyranny, would meet with cold disdain ; and, be finally told, by their haughty mas- ters, that they approved of the treason, but despised the traitor. SPEAKER. 2r3 Even the author of this horrid war is incapable of con- cealing his own confusion and distress. Too great to be wholly suppressed, it frequently discovers itself in his speeches, breathing threatenings, and betraying terror ; a motley mixture of magnanimity and consternation ; of grandeur and abasement : with troops invincible, he dreads a defeat, and wants reinforcements ; victorious in Ameri- ca, and triumphant on the ocean, he is an humble depen- dant on a petty prince ; and with full confidence in the friendship and alliance of France, he trembles at her se- cret designs, and open preparations. With all this we ought to contrast the numerous and hardy sons of America, inured to toil ; seasoned alike to heat and cold ; hale, robust, patient of fatigue ; and from an ardent love of liberty ready to face danger and death. Their remarkable unanimity with the exception of a few apostates and deserters j their unshaken resolution to main- tain their freedom, or perish in the attempt ; the fertility of our soil ; our inexhaustible internal resources ; our eco- nomy in public expenses, add to this, that in a cause so just we have the highest reason to expect the Wr- Qsing of Hea- ven upon our glorious conflict. For who can doubt the interposition of the Supremely Just, in favour of a people forced to arms, in defence of every thing dear, against a nation deaf to our complaints, rejoicing in our misery, wantonly aggravating our oppres- sions, determined to divide our substance, and by fire and sword to compel us into submission. Let us, however, not presumptuously rely on the inter- position of Providence, without those efforts which it is our duty to exert. Let us remember our plighted faith and honor to main- tain the cause with our lives and fortunes. Let those in distinguished stations use all their influence to rouse the supine ; animate the irresolute ; confirm the wavering, and draw from his lurking hole the skulking neutral, who, leav- ing to others the h'-rat and burthen of the day, means, in the final result, to reap the fruits of that victory, for which he will not contend. Let us be peculiarly assiduous in bringing to condign punishment, those parricides who have been openly active against their native country ; and may we, in all proceed- 274 AMERICAN ings, be directed by the great Arbiter of the fate of ^na- tions, by whom empires rise and fall, and who will in due time avenge an injured peopk on their unfeeling oppres- sor and his bloody instruments* Oration of Robert Enunett to Lord Norbury^ one of the Judges before whom he was tried for Treason* My Lords,— You ask me what I have to say, why sen- tence of death should not be proiiounced on me, according to law ? I have nothing to say which can alter your pre- determinations, nor that it will become me to say with any view to the mitigation of that sentence, which you are here to pronounce, and I must abide by. But I have that to say, which interests me more than life, and which you have labored (as was necessarily your office in the present circumstances of this oppressed country) to destroy — I have much to say why my reputation should be rescued from the load of false accusations and calumny, which have been heaped upon it. I do not imagine, that seated where you are, your minds can be so free from impurity, as to receive the least impression from what I am going to utter ; I have no hopes that I can anchor my character in the breast of a court constituted and trammelled as this is ; I only wish, and it is the utmost I can expect, that your lordships may suffer it to float down your memories un- tainted by the foul breath of prejudice, until it finds some more hospitable harbor to shelter it from the storm by which it is at present buffeted. Was I only to suffer death after being adjudged guilty by yaur tribunal, I should bow in silence, and meet the fate that awaits me without a mur- mur ; but the sentence of the law which delivers my body to the executioner, will through the ministry of that law, labour in its own vindication, to consign ray character to obloquy ; for there must be guilt somewhere ; whether in the sentence of the court, or in the catastrophe, posterity must determine. A man in my situation, my lords, has not only to encounter the difficulties of fortune, and the force of power over minds which it has corrupted or sub- jugated, by the difficulties of established prejudice — the man dies, but his memory lives : that mine may not per- SPEAKER. 273 ish, that it may live in the respect of my countrymen, I seize upon this opportunity to vindicate myself from some of the charges alleged against me. When my spirit shall be wafted to a more friendly port; when my shade shall have joined the bands of those martyred heroes, who have shed their blood on the scaffold and in the field, in defence of their country and of virtue, this is my hope, I wish that my memory and name may animate those who sur- vive me, while I look down with complacency on the des- truction of that perfidious government, which upholds its domination by blasphemy of the Most High; which dis- plays its power over man, as over the beasts of the forest ; which sets man upon his brother, and lifts his hand in the name of God against the throat of his fellow, who believes or doubts a litde more, or a little less than the government standard ; a government, which is steeled to barbarity, by the cries of the orphans and the tears of the widows which it has made. (Lord Norbury here interrupted Mr. Emmett, sat/in^ that the mean and -wicked enthusiasts who felt as he did^ xvere not equal to the accomplishment of their wild designs, J I appeal to the immaculate God — 1 swear by the throne of Heaven, before which I must shortly appear ; by the blood of the murdered patriots who have gone before me ; tTiat my conduct has been, through all this peril, and through all my purposes, governed only by the convictions which 1 have uttered, and by no other view than that of the cure, and the emancipation of my country from the superinhu- man oppression, under which she has too long and too pa- tiently groaned ; and that I confidently and assuredly hope, that wild and chimerical as it may appear, there is still u- nion and strength in Ireland to accomplish this noblest en- terprise — Of this I speak with the confidence of intimate knowledge, and with the consolation that appertains to that confidence. Think not, my lords, I say this for the petty gratification of giving you a transitory uneasiness ; a man who never yet raised his voice to assert a lie, will not hazard his character with posterity, by asserting a false- hood on a subject so important to his country, and on an occasion like this. Yes, my lords, a man who does not wish to have his epi- taph written until his country is liberated, will not leave a 276 AMERICAN weapon in the power of envy to impeach the probity which he means to preserve even in the grave to which tyranny consigns him. (Here he was again interrupted by the court. J Again I say, that what I have spoken, was not intended for your lordship, whose situation I commise- rate rather than envy — My expressions were for my coun- trymen ; if there is a true Irishman present, let my last words cheer him in the hour of his affliction. (Here hh was again interrupted ; Lord Norbury said he did not sit there to hear treason, J I have always understood it to be the duty of a judge, when a prisoner has been convicted, to pronounce the sentence of the law ; I have also under- stood that judges sometimes think it their duty to hear with patience, and to speak with hurtfanity ; to exhort the victim of the laws, and to offer with tender benignity his opinions of the motives by which he was actuated in the crime, of which he had been found guilty : That a judge has thought it his duty so to have done, I have no doubt = — but where is the boasted freedom of your institutions, where is the vaunted impartiality, clemency and mildness of your courts of justice ; if an unfortunate prisoner, whom your policy, and not justice is about to deliver into the hands of the executioner, is not suffered to explain his mo- tives sincerely and truly, and to vindicate the principles by which he was actuated. My Lords, it may be a part of the system of angry justice, to bow a man's mind by hu- miliation to the purposed ignominy of the scaffold ; but worse to me than the purposed shame of the scaffold's ter- rors would be the tame indurance of charges and ireiputa- tions laid against me in this court : You, my lord, are a judge, I am the supposed culprit ; I am a man, you are a man also ! by a revolution of power, we might change places ; though v/e never could change characters ; if I stand at the bar of this court and dare not vindicate my character, what a farce is your justice ! If I stand at this bar, and dare not vindicate it, how dare you calumniate it ? Does the sentence of death, which your policy inflicts on my body, also condemn my tongue to silence, and my re- putation to reproach ? Your executioner may abridge the period of my existence ; but while I exist I shall not cease to vindicate my character and motives from your asper- sions J and as a man to whom fame is dearer than life, I SPEAKER. 277 will make the last use of that life in doing justice to that reputation which is to live after me, and which is the only legacy I can leave to those i honor and love, and for whom I am proud to perish. As men, my lord, we must appear on the great day, at one common tribunal, and it will then remain for the searcher of all hearts to shew a collective universe, who was engaged in the most virtuous actions, or attached by the purest motives. (Here he was interrupted and told to listen to the sentence of the law, J My lord, will a dying man be denied the legal privilege of exculpating himself, in the eyes of the community, of an undeserved reproach thrown upon him daring his trial, by charging him with ambition, and attempting to cast away, for a paltry consideration, the liberties of his coun- try ? Why did your lordship insult me I Or rather, why insult justice, in demanding of me, why sentence of death should not be pronounced ? I know, my lord, that form prescribes that you should ask the question, the form also presumes a right of answering. This, no doubt, may be dispensed with, and so rwight the whole ceremony of the trial, since sentence was already pronounced at the Castle before your jury was impannelled ; your lordships are but the priests of the oracle, and I submit ; but I insist on the whole of the forms. I am charged with being an emissa- ry to France ! An emissary of France ! And for what end? It is alleged that I wished fo sell the independence of my country ! And for what end ? Was this the object of my ambition ? And is this the mode by which a tribunal of justice reconciles contradictions? No, I am no emissary; and my ambition was to hold, a place among the deliver- ers of my country, not in power, nor in profit, but in the glory of the achievement ! Sell my country's independence to France ! And for what ? Was it for a change of mas- ters ? No ! but for ambition ! O, my country, was it per- sonal ambition that could influence me, had it been the soul of my actions, could I not by my education and fortune, by the rank and consideration of my family, have placed myself among the proudest of my oppressors ? My coun- try was my idol ; to it I sacrifice every selfish, every en- dearing sentiment ; and for it, I now offer up my life O, God ! No, my lord, I acted as an Irishman, determined B B ^rs AMERICAN on delivering my country from the yoke of a foreign and unrelenting tyrant, from a crimson and bloody tyranny, and from the more galling yoke of a domestic faction, which is joint partner and perpetrator in the patricide for the ignominy of existing with an exterior of splendor, and a conscious depravity. It was the wish of my heart to extricate my country from this doubly rivetted despotism. — I wished to place her independence beyond the reach of any power on earth ; I wished to exalt her to that proud station in the world. — Connexion with France was indeed intended ; but only as far as our mutual interest would sanction and require ; were they to assume any authority inconsistent with the purest independence, it would be the signal for their destruction ; we sought aid, and we sought it as we had assurances we should obtain it ; as auxiliaries in war and allies in peace. Were the French to come as in- vaders or enemies; uninvited by the wishes of the people; I should oppose them to the utmost of my strength. Yes, my countrymen, I should advise you to meet them upon the beach, with a sword in one hand, and a torch in the other ; I would meet them with all the destructive fury of war ; and I would animate my countrymen to immolate them in their boats, before they had contaminated the soil of my country. If they succeeded in landing, and if forc- ed to retire before superior discipline, I would dispute ev- ery inch of ground, burn every blade of grass, and the last intrenchment of libery should be my grave. What I could not do myself, if I should fall, I should leave as a last charge to my countrymen to accomplish, because I should feel conscious, that life, any more than death, is un- profitable, when a foreign nation holds my country in subjection. But it was not as an enemy, that the suc- cors of France were lo land ; I looked, indeed, for the assistance of France, but I wished to prove to France and to the world, that Irishmen deserved to be assisted ; that they were indignant at slavery, and ready to assert the in- dependence and liberty of their country. I wished to pro- cure for my country the guarantee which Washington pro- cured for America. To procure an aid, which by its ex- ample, would be as important as its valor, disciplined, and gallant, pregnant with science and with experience; who would perceive the good, and polish the rough points of SPEAKER. 279 our character ; they would come to us as strangers, and leave us as friends, after sharing our perils and alleviating our burdens — These were my objects, not to receive new task-masters, but to expel old tyrants; these were my views ; and these only became Irishmen. I know your most implacable enemies are in the bosom of your coun- try. I have been charged with that importance in the ef- forts to emancipate my country, as to be ^considered the kev-stone of the combination of Irishmen, or as your lordship expresses it, " the life and blood of the conspi- racy." You do me honor over much, you have given to the subaltern, all the credit of a superior ; there are men engaged in this conspiracy, who are not only superior to me, but even to your own conceptions of yourself, my lord ; men, before the splendor of whose virtues and ge- nius, I should bow with respectful deference, and who would think themselves dishonored to be called your friend; who would not disgrace themselves by shaking your blood j stained hand. Speech delivered by Jacob Henry ^ in the Legislature of North-Carolina^ on a motion to vacate his seaty he being a Jew* Mr. Speaker — Though I will not conceal the surprie I felt that the gentleman should have thought proper yes- terday to have moved my expulsion from this house, on the alleged grounds that I '* disbelieve in the divine au- thority of the New-Testament" without considering him- self bound by those rules of politeness, which, according to my sense of propriety, should have led him to give me some previous intimation of his design ; yet since I am brought to the discussion, I feel prepared to meet the ob- ject of his resolution. I certainly, IVIr. Speaker, know not the design of the declaration of Rights made by the people of this state in the year '76, if it was not to consecrate certain great and fundanental Rights and Principles, which even tl'-e Con- stitution cannot impair : For the 41th section of the latter instruuieat declares that the declaration of riohts ought never to be violated on any pretence whatever — If there 280 AIMEQtAN is any apparent differenfieir merits ? The religion I pro- they ought if possible^uty ^hich man owes to his fellow final repugnance h^\ its votaries the practice of every vir- mustbe conside^tatjon of every vice; it teaches thenn to the Const] tuti^vour of Heaven exactly in proportion as trouls and r/e directed by just, honorable and beneficent a belief LXhis then gentlemen is my creed ; it was im- stitutif upon my infant mind, it has been the director of suc^outh, the monitor of my manhood, and will I trust ? the consolation of my old age. At any rate Mr. Speak- er, I am sure that you cannot see any thing in this reli- gion, to deprive me of my seat in this House. So far as relates to my life and conduct, the examination of these I submit with cheerfulness to your candid and liberal con- struction. What may be the religion of him who made this objection against me, or whether he has any religion cr not I am unable to say. I have never consider- ed it my duty to pry into the belief of other members of this house, if their actions are upright and their conduct just, the rest is for thtir own consideration not for mine> 1 do not seek to make convtrts to my faith, whatever it may be esteemed in the eyes of my officious friend, nor do I exclude any man from my esteem or friendship, be- cause he and I differ in that respect — The same charity therefore it is not unreasonable to expect will be extend- ed to myself, because in all things that relate to the State and to the duties of civil life, I am bou:id by the same obligations with my fellow citizens ; nor does any man subscribe more sincerely than myself to the maxim, " whatever ye would that men should do unto you, do ye so even unto them, for such is the Law and the Prophets." Speech of General Washington to Congress on accenting his Commission^ June ISth^ 1774U. Mr. President — Though I am truly sensible of the high honor done me, in this appointment, yet I feel great dis- tress, from a consciousness that my abihties and military experience may not be equal to the extensive and import- ant trust : However, as the Congress desire it, I will enter upon the momentous duty and exert every power I pos- SPEAKER. 28.3 sess in their service, and for support of the glorious cause. I beg they will accept my most cordial thanks for this distinguished testimony of their approbation. " But, lest some unlucky event should happen, unfavor- able to my reputation, I beg it may be remembered, by every gentleman in the room, that I, this day, declare with the utmost sincerity, I do not think myself equal to the command I am hoaored with. " As to pay, sir^ I beg leave to assure the Congress, that as no pecuniary consideration could have tempted me to accept this arduous employment, at the expense of my do- mestic ease and happiness, 1 do not wish to make any pro- fit from it. I will keep an exact account of my expen- ses. Those, I doubt not, they will discharge, and that is all I desire." Gaural IVashlng'ton to the Troops previous to the Battle of Long' Island — 1776. *' The time is now near at hand, which must probably determine whether Americans are to be freemen or slaves; whether they are to have any property they can call their own ; whether their houses and firms are to be pillaged and destroyed, and themselves consigned to a state of wretchedness, from which no human efforts will deliver them. The fate of unborn millions will now depend, un- der God, on the courage and conduct of this army. Our crtiel and unrelenting enemy, leaves us only the choice of a brave resistance, or the most abject submission. We have therefore to resolve to conqueror to die. Our own, our country's honor, calls upon us for a vigorous and manly exertion ; and if we now shamefully fail, we shall become infamous to the whole world. Let us then rely on the goodness of our cause, and the aid of the Supreme Being, in whose hands victory is, to animate and encou- rage us to great and noble actions. The eyes of all our countrymen are now upon us, and we shall have their bles- sings and praises, if happily we are the instrumer.ts of saving them from the tyranny meditated against them. Let us therefore animate and encourage each other, and show the whole world that a freeman contending for liber- 284 AMERICAN ty on his own ground, is superior to any slavish mercenary on earth. *' Liberty, property, life, and honor are all at stake ; upon your courage and conduct, rests the hopes of our bleeding and insulted country; our wives, children, and parents, expect safety from us only ; and they have every reason to believe that Heaven will crown with success so just a cause. " The enemy will endeavour to intimidate by show and appearance, but remember they have been repulsed on va- rious occasions by a few brave Americans. Their cause is bad — their men are conscious of it, and if opposed with firmness and coolness on their first onset, with our advan- tage of works, and knowledge of the ground, the victory IS most assuredly ours. Every good soldier will be silent and attentive — wait for orders- — and reserve his fire until he is sure of doing execution : of this the officers are to be particularly careful." Speech of General Washington to his troops before attacking^ the Hessians at Trenton^ December ^ 1776. My friends, it is not only the liberty of America that depends on your valour and firmness but what ought to be much more dear to you than your lives, your honor! Think of the infamy which will attend you through life, not only here, but through the whole world, if the campaign closes without some instance that the courage with which you stand to your arms, is equal to the justice of the cause which ought to animate your bosoms. For my own part, I will not survive a defeat, if that defeat arises from any inattention to your safety. Wipe out the stains which have been thrown upon your reputations, by seeking an honor- able death ; and give credit to me, that it will be the only means of meeting victory, life and honor. SPEAKER. 281^ General Orders Issued by General Washington^ to the Armi/, Head garters yApril 18?/*, 1783. {^fttfyJim The commander in chief orders the cessation of hostili- ties between the United States of America and the king of Great Britain, to be publicly proclaimed to-morrow at twelve o'clock, at the new building : and that the procla- mation which will be communicated herewith be read to- morrow evening at the head of every regiment and corps of the army ; after which the chaplanis, with the several brigades will render thanks to the Almighty God for all his mercies, particularly for his over-ruling the wrath of man to his own glory, and causing the rage of w*ar to cease among the nations. Although the proclamation before alluded to, extends only to the prohibition of hostilities, and not to the annun- ciation of a general peace, yet it must afford the most ra- tional and sincere satisfaction to every benevolent mind, as it puts a period to a long and doubtful contest, stops the effusion of human blood, opens the prospect to a more splendid scene, and, like another morning star, promises the approach of brighter day than hath hitherto illuminat- ed the western hemisphere. On such a happy day, which is the harbinger of peace, a day which completes the eighth year of the war, it would be ingratitude not to rejoice ; it would be inseosibility not to participate in the general felicity. The commander in chief, far from endeavouring to sti- fle the feelings of joy in his own bosom, offers his most cordial congratulations on the occasion to all the officers of every denomination ; to all the troops of the United States in general ; and in particular to those gallant and persevering men who had resolved to defend the rights of their invaded country, so long as the war should continue. For these are the men who ought to be considered as the pride and boast of the American armv ; and who crowned with well earned laurels, may soon withdraw from the field of glory to the more tranquil walks of civil life. While the commander in chief recollects the al r.ost infinite va- riety of scenes through which we have past, with a mix- ture of pleasure, astonishment, and gratitude ; while he 286 AMERICAN contemplates the prospects before us with rapture, he can- not help wishing that all the brave men, of whatever con- did opr th^v may be, who have shared the toils and dangers \"''^^¥ffectmg this glorious revolution ; of rescuing millions from the hand of oppression, and of laying the foundation of a great empire, might be impressed with a proper idea of the dignified part they have been called to act, under the smiles of Providence, on the stage of human affairs ; for happy, thrice happy ! shall they be pronounced hereaf- ter, who have contributed any thing, who have performed the meanest office in erecting this stupendous fabric of freedom and empire on the broad basis of independency ; who have assisted in protecting the rights of human na- ture, and established an asylum for the poor and oppress- ed of all nations and religions. — The glorious task for which we first flew to arms being accomplished — The li- berties of our country being fully acknoivledged and firm- ly secured by the smiles of heaven on the purity of our cause, and the honest exertions of a feeble people, deter- mined to be free, against a powerful nation disposed to oppress them ; and the character of those who have per- severed through every extremity of hardship, suffering, and danger, being immortahzed by the illustrious appellation of the patriot army i nothing now remains but for the act- ors of this mighty scene to preserve a perfect unvarying consistency of character through the very last act, to close the drama with applause ; and to retire from the military theatre with the same approbation of angels and men which have crowned all their former virtuous actions. For this purpose no disorder or licentiousness must be tolerated. — Every considerate and well disposed soldier must remem- ber it will be absolutely necessary to wait with patience until peace shall be declared, or Congress shall be enabled to take proper measures for the security of the public stores, &c. As soon as these arrangements shall be made, the general is confident, there will be no delay in discharg- ing, with every mark of distinction and honor, all the men inlisted for the war, who will then have faithfully perform- ed their engagements with the public. The general has al- ready interested himself in their behalf, and he thinks he need not repeat the assurance of his disposition to be use- ful to them on the present, and every other proper occa- SPEAKER. 287 sion. In the mean time, he is determined that no military neglects or excesses shall go unpunished, while he retains the command of the army. The adjutant-general will have such working parties detached, to assist in making the preparations for a gen- eral rejoicing, as the chief engineer of the army shall call for ; and the quarter-master-general will, without delay, procure such a number of discharges to be printed as will be sufficient for all the men inlisted for the war — he will please to apply to head quarters for the form. An extra ration of liquor to be issued to every man to-morrow to drink, " Perpetual peace and happiness to the United States of America." General Wasklngton's Circular Letter to the Governor of each of the States^ dated Head- ^carter s^ Newburghy June 18, 1783. " Sir — The object for which I had the honor to hold an appointment in the service of my country, being accom- plished, I am now preparing to resign it into the hands of Congress, and return to that domestic retirement, which, it is well known, I left with the greatest reluctance ; a re- tirement for which I have never ceased to sigh through a long and painful absence, in which, (remote from the noise and trouble of the world,) I meditate to pass the remain- der of lifo, in a state of undisturbed repose ; but, before I carry this resolution into effect, I think it a duty incum- bent on me to make this my last official communication, to congratulate you on the glorious events which heaven has been pleased to produce in our favour ; to offer my senti- ments respecting some important subjects, which appear to me to be intimately connected with the tranquillity of the United States j to take my leave of your excellency as a public character; and to give my final blessing to that country, in whose service I have spent the prime of my life ; for whose sake I have consumed so many anxious days and watchful nights, and whose happiness, being ex- tremely dear to me, will always constitute no inconsidera- part of my ownr 288 AMERICAN " Impressed with the liveliest sensibility on this pleas- ing occasion, I will claim the indulgence of dilating the more copiously on the subject of our mutual felicitation. When we consider the magnitude of the prize we contend- ed for, the doubtful nature of the contest, and the favour- able manner in which it has terminated ; we shall find the greatest possible reason for gratitude and rejoicing. This is a theme that will afford infinite delight to every bene- volent and liberal mind, whether the event in contempla- tion be considered as a source of present enjoyment, or the parent of future happiness ; and we shall have equal occa- sion to felicitate ourselves on the lot which Providence has assigned us, whether we view it in a natural, a political, or moral point of light. '* The citizens of America, placed in the most enviable condition, as the sole lords and proprietors of a vast tract of continent, comprehending all the various soils and cli- mates of the world, and abounding with all the necessaries and conveniences of life, are now, by the late satisfactory pacification, acknowledged to be possessed of absolute free- dom and independency : they are from this period to be considered as the actors on a most conspicuous theatre, which seems to be peculiarly designed by Providence for the display of human greatness and felicity. Here they are net only surrounded with every thing that can contri- bute to the completion of private and domestic enjoyment; but heaven has crowned all its other blessings, by giving a surer opportunity for political happiness, than any other nation has ever been favoured with. Nothing can illus- trate these observations more forcibly than a recollection of ihe happv conjuncture of times and circumstances, un- cH^ which our republic assumed its rank among the na- tions. — The foundation of our empire was not laid in a gloomy age of ignorance and superstition, but at an epocha %vhen the rights of mankind were better understood and more clearly defined, than at any former period. Re- searches of the human mind after social happiness have been carried to a great extent ; the treasures of knowledge acquired by the labours (if philosophers, sages, and legis- lators, through a long succession of years, are laid open for us, and their collected wisdom may be happily applied SPEAKER, 289 in the establishment of our forms of government. The free cultivation of letters, the unbounded extension of com- merce, the progressive refinement of manners, the grow- ing liberality of sentiment ; and, above all, the pure and benign light of revelation, have had a meliorating influ- ence on mankind, and increased the blessings of society. At this auspicious period, the United States came into ex- istence as a nation ; and if their citizens should not be com- pletely free and happy, the fault will be entirely their own. " Such is our situation, and such are our prospects. But notwithstanding the cup of blessing is thus reached out to us ; notwithstanding happiness is ours, if we have a dispo- sition to seize the occasion, and make it our own ; yet it appears to me there is an option still left to the United States of America, whether they will be respectable and prosperous, or contemptible and miserable as a nation. This is the time of their political probation : this is the mo- ment when the eyes of the whole world are turned upon them : this is the time to establish or ruin their national character for ever : this is the favourable moment to give such a tone to the federal government, as will enable it to answer the ends of its institution ; or, this may be the ill- fated moment for relaxing the powers of the union, anni- hilating the cement of the confederation, and exposing us to become the sport of European politics, which may play one state against another, to prevent their growing importance, and to serve their own interested purposes. For, accord- ing to the system of policy the states shall adopt at this moment, they will stand or fall ; and, by their confirma- tion or lapse, it is yet to be decided, whether the revolutiou must ultimately be considered as a blessing or a curse, not to the present age alone, for with our fate will the destiny of unborn millions be involved. " With this coDviction of the importance of the pre- sent crisis, silence in me would be a crime j I will there- fore speak to your excellency the language of freedom and sincerity, without disguise. I am aware, however those who differ from me in political sentiments may, per- haps, remark, I am stepping out of the proper line of my duty ; and they may possibly ascribe to arrogance or os- tCHtation, what I know is alone the result of the purest intention. But the rectitude of my own heart, which dis- C c 290 AMERICAN dain such unworthy motives ; the part I have hitherto act ed in Hfe ; the determination I have formed of not taking any share in public business hereafter ; the ardent desire 1 leel, and shall continue to manifest, of quietly enjoying in private life, after all the toils of war, the benefits of a wise and liberal government, will, I flatter myself, sooner or later, convince my countrymen, that I could have no si- nister views in delivering with so little reserve the opinions contained in this address. " There are four things which I humbly conceive, are essential to the well being, I may even venture to say to the existence of the United States, as an independent powder, " 1st. An indissoluble union of the States under one federal head. " 2dly. A sacred regard to public justice. " 3dly. The adoption of a proper peace establishment. And, " 4thly. The prevalence of that pacific and friendly dis- position among the people of the United States, which will induce them to forget their local prejudices and poli- cies ; to make those mutual concessions which are requi- site to the general prosperity; and, in some instances, to sacrifice their individual advantages to the interest of the community. " These are the pillars on which the glorious fabric of our independency and national character must be support- ed. Liberty is the basis — and whoever would dare to sap the foundation, or overturn the structure, under whatever specious pretext he may attem.pt it, will merit the bitterest execration, and the severest punishment, which can be in- flicted by his injured country. " On the three first articles I will make a few observa- tions; leaving the last to the good sense and serious consi- deration of those immediately concerned. *' Under the first head, although it may not be necessa- ry or proper for me in this place to enter into a particular disquisition of the principles of the union, and to take up the great question which has been frequently agitated, whether it be expedient and requisite for the states to de-t legate a larger proportion of power to Congress, or not ; yet it will be a part of my duty, and thert of every true I SPEAKER. 29% patriot, to assert, without reserve, and to insist upon the following positions :— That unless the states will suffer Congress to exercise those prerogatives they are undoubt- edly invested with by the constitution, every thing must very rapidly tend to anarchy and confusion : That it is in- dispensable to the happiness of the individual states, that there should be lodged, somewhere, a supreme power to regulate and govern the general concerns of the confede- rated republic, without which the union cannot be of lon^ duration : That there must be a faithful and pointed com- pliance on the part of every state with the late proposals and demands of Congress, or the most fatal consequences will ensue : That whatever measures have a tendency to dissolve the union, or contribute to violate or lessen the sovereign authority, ought to be cortsidered as hostile to the liberty and independence of America, and the authors of them treated accordingly. And, lastly, that unless w^; can be enabled by the concurrence of the states to partici- pate of the fruits of the revolution, and enjoy the essen- tial benefits of civil society, under a form of governmer t so free and uncorrupted, so happily guarded against Vm: danger of oppression, as has been devised and adopted by the articles of confederation, it will be a subject ot regret, that so much blood and treasure have been lavished for no purpose ; that so many sufferings have been encountered without a compensation, and that so many sacrifices have been made in vain. Many other consideraiions might here be adduced to prove, that without an entire conformity to the spirit of the union, we cannot exist as an independent power. It will be sufHcient for my purpose to mention lout one or two, which seem to me of the greatest impor:- ance. It is only in our united character as an empire, that our independence is acknowledged, that our power can be regarded, or our credit supported among foreign nations. The treaties of the European powers with the United States of America, will have no validity on a dissolution of the union. We shall be left nearly in a state of nature; or we may find, by our own unhappy experience, that there is a natural and necessary progression from the extreme of anarchy to the extreme of t) ranny ; and that arbitrary power is most easily established on the ruins of liberty a- bused to licentiousness. 292 AMERICAN " As to the second article, which respects the perform- ance of public justice, Congress have, in their late address to the United States, almost exhausted the subject ; they have explained their ideas so fully, and have enforced the obligations the states are under to render complete justice to all the public creditors, with so much dignity and ener- gy, that, in my opinion, no real friend to the' honor and independency of America can hesitate a single moment respecting the propriety of complying with the just and honorable measures proposed. If their argaments do not produce conviction, I know of nothing that will have greater influence, especially when we reflect that the sys- tem referred to, being the result of the collected wisdom of the continent, must be esteemed, if not perfect, certain- ly the least objectionable, of any that could be devised j and that, if it should not be carried into immediate exe- cution, a national bankruptcy, with all its deplorable con- sequences, will take place before any different plan can possibly be proposed or adopted ; so pressing are the pre- sent circumstances, and such is the alternative now offer- ed to the states. " The ability of the country to discharge the debts which have been incurred in its defence, is not to be doubt- ed ; and inclination, I flatter myself, will not be wanting. The path of our duty is plain before us ; honesty will be found, on every experiment, to be the best and only true policy. Let us then, as a nation be just ; let us fulfil the public contracts which Congress had undoubtedly a right to make for the purpose of carrying on the war, with the same good faith we suppose ourselves bound to perform our private engagements. In the mean time, let an atten- tion to the cheerful performance of their proper business, as individuals, and as members of society, be earnestly in- culcated on the citizens of America; then will they strength- en the bands of government, and be happy under its pro- tection. Every one will reap the fruit of his labours: every one will enjoy his own acquisitions, without moles- tation and without danger. «' In this state of absolute freedom and perfect security, W'ho will grudge to yield a very little of his property to support the common interests of society, aod ensure the SPEAKER. 293 protection of government ? Who does not remember the frequent declarations at the commencement of the war. That we should be completely satisfied, if, at the expense of one half, we could defend the remainder of our pos- sessions ? Where is the man to be found, who wishes to remain in debt, for the defence of his own person and pro- perty, to the exertions, the bravery, and the blood of o- tliers, without making one generous effort to pay the debt of honor aiid of gratitude? In what part of the continent shall we find any man, or body of men, who would not blush to stand up and propose measures purposely calcu- lated to rob the soldier of his stipend, and the public cre- ditor of his due ? And were it possible that such a flagrant instance of injustice could ever happen, would it not ex- cite the general indignation, and tend to bring down upon the authors of such measures the aggravated vengeance of heaven ? If, after all, a spirit of disunion, or a temper of obstinacy and perverseness should manifest itself in any of the states ; if such an ungracious disposition should at- tempt to frustrate all the happy effects that might be ex- pected to flow from the union ; if there should be a refu- sal to comply with requisitions for funds to discharge the annual interest of the public debts ; and if that refusal should revive all those jealousies, and produce all those e- vils, which are now happily removed, Congress, who have in all their transactions .,hown a great degree of magnani- mity and justice, will stand justified in the sight of God r^nd man ! and that state alone, which puts itself in oppo- sition to the aggregate wisdom of the continent, and fol- lows such mistaken and pernicious councils, will be respon- sible for all the consequences. " For my own part, conscious of having acted while a servant of the public, in the manner I conceived best suit- ed to promote the real interests of my country ; having in consequence of my fixed belief, in some measure pledged myself to the army, that their country would finally do them complete and ample justice ; and not wishing to con- ceal any instance of my official conduct from the eyes of the world, I have thought proper to transmit to your ex- cellency the enclosed collection of papers, relative to the half pay and commutation granted by Congress, to the of- ficers of the army. From these communications my de- C c 2 294 AMERICAN cided sentiment will be clearly comprehended, together with the conclusive reasons which induced me, at an ear- ly period to recommend the adoption of this measure in the most earnest and serious manner. As the proceedings of Congress, the army, and myself, are open to all, and contain, in my opinion, sufficient information to remove the prejudices and errors which may have been entertain- ed by any, I think it unnecessary to say any thing more than just to observe, that the resolutions of Congress, now alluded to, are as undoubtedly and absolutely binding up- on the United States, as the most solemn acts of confede- ration or legislation. " As to the idea which, I am informed, has in some in- stances prevailed, that the half-pay and commutation are to be regarded merely in the odious light of a pension, it uught to be exploded for ever ; that provision should be viewed, as it really was, a reasonable compensation offered by Congress, at a time when they had nothing else to give to officers of the army, for services then to be performed. It WHS the only means to prevent a total dereliction of the service. It was a part of their hire ; I may be allowed to say, it was the price of their blood, and of your indepen- dei.c.y. It is therefore more than a common debt; it is a debi of honor ; it can never be considered as a pension, or gratuity, nor cancelled until it is fairly discharged. "With reg:»rd to the distinc/.jn between officers and soldiers, it is sufficient that the uniform experience of ev- er)' nation of the world combined with our ov/n, proves the litility 'ind propriety of the discrimination. Rewards in proportion to the aid the public draws from them are un- question ;bly due to all its servants. In some lines, the solniers have perhiips, generally, had as ample compensa- tion for their services, by the large bounties which have been paid ihem, as their officers will receive in the pro- posed commutation j in others, if, besides the donation of land, the paj inent of arrearages of clothing and wages, (in which articles all the component parts of the army muGi be put upon the same footing,) we take into the esti- mate the bounties m.any of the soldiers have received, and the gratuity of one year's full pay, which is promised to all, possibly their situation, (every circumstance being duly ijonsidered,) will not be deemed less eligible than that of SPEAKER. 295 the officers. Should a farther reward, however, be judged equitable, I will venture to assert, no mail will enjoy great- er satisfaction than myself, in an exemption from taxes for a limited time, (which has been petitioned for in some in- stances,) or any other adequate immunity or compensation granted to the brave defenders of their country's cause. But neither the adoption or rejection of this proposition will, in any manner, affect, much less militate against, the act of Congress, by which they have offered five years full pay, in lieu of the half-pay for life, which had been before promised to the officers of the army. " Before I conclude the subject on public justice, I can- not omit to mention the obligations tliis country is under to that meritorious class of veterans, the non-commission- ed officers and privates, who have been discharged for in- ability, in consequence of the resolution of Congress, of the 23d of April, 1782, on an annual pension for life. Their peculiar sufferings, their singular merits and claims to that provision, need only to be known, to interest the feelings of humanity in their behalf. Nothing but a punc- tual payment of their annual allowance, can rescue them from the most complicated misery ; and nothing could be a more melancholy and distressing sight, than to behold those who have shed their blood, or lost their limbs in the service of their country, without a shelter, without a friend, and without the means of obtaining any of the comforts or necessaries of life, compelled to beg their bread daily from door to door. Suffer me to recommend those of this des- cription, belonging to your state, to the warmest patronage of your excellency and your legislature. " It is necessary to say but a few words on the third topic which was proposed, and which regards particularly the defence of the republic — as there can be little doubt but Congress will recommend a proper peace establishment for the United States, in which a due attention will be paid to the importance of placing the militia of the union upon a regular and respectable footing. If this should be the case, I should beg leave to urge the great advantage of it in the strongest terms. " The militia of this country must be considered as the p?.lladium of our security, and the first effectual resort in case of hostility. It is essential, therefore, that the same 295 AMERICAN system should pervade the whole ; that the formation and discipline of the militia of the continent should be abso- lutely uniform ; and that the same species of arms, accou- trements, and military apparatus, should be introduced in every part of the United States. No one, who has not * learned it from experience^ can conceive the difficulty, ex- pense, and confusion, which result from n contrary system, or the vague arrangements which have hitherto prevailed. " If, in treating of political points, a greater latitude than usual has been taken in the course of the address ; the importance of the crisis, and the magnitude of the ob- jects in discussion, must be my apology. It is, however, neither my wish nor expectation, that the preceding obser- vations should claim any regard, except so far as they shall appear to be dictated by a good intention, consonant to the immutable rules of justice ; calculated to produce a libe- ral system of policy, and founded on whatever experience may have been acquired, by a long and close attention to public business. Here I might speak with more confi- dence, from my actual observations ; and if it would not swell this letter, (already too prolix,) beyond the bounds I had prescribed myself, I could demonstrate to every mind open to conviction, that in less time, and with much less expense than has been incurred, the war might have been brought to the same happy conclusion, if the resources of the continent could have been properly called forth ; that the distresses and disappointments which have very often occurred, have, in too many instances, resulted more from a want of energy in the continental government, than a de- ficiency of means in the particular states ; that the ineffica- cy of the me-asures, arising from the want of an adequate authority in the supreme power, from a partial compliance with the requisitions of Congress, in some of the states, and from a failure of punctuality in others, while they tended to damp the zeal of those who were more wiUing to exert themselves, served also to accumulate the expenses of the war, and to frustrate the best concerted plans; and that the discouragement occasioned by the complicated difficulties and embarrassments, in which our affairs were by this means involved, would have long ago produced the dissolution of any army, less patient, less virtuous, and less persevering, than that which I have had the honor to SPEAKER. 29r command. But while I mention those things which are no- torious facts, as the defects of our federal constitution, par- ticularly in the prosecution of a war, I beg it may be un- derstood, that as I have ever taken a pleasure in gratefully acknowledging the assistance and support I have derived from every class of citizens ; so I shall always be happy to do justice to the unparalleled exertions of the individual states, on many interesting occasions. " I have thus freely disclosed what I wished to make known, before I surrendered up my public trust to those who committed it to me. The task is now accomplished ; I now bid adieu to your excellency, as the chief magistrate of your state ; at the same time I bid a last farewel to the cares of office, and all the employments of public life. " It remains, then, to be my final and only request, that your excellenc}^ will communicate these sentiments to your legislature, at their next meeting; and that they may be considered as the legacy of one who has ardently wished, on all occasions to be useful to his country, and who, even in the shade of retirement, will not fail to implore the di- vine benediction upon it. " I now make it my earnest prayer, that God would have you, and the state over which you preside, in his holy protection ; that he would incline the hearts of the citi- zens to cultivate a spirit of subordination and obedience to government ; to entertain a brotherly affection and love for one another ; for their fellow-citizens of the United States at large, and particularly for their brethren who have serv- ed in the field ; and, finally, that he would most graciously be pleased to dispose us all to do justice, to love mercy, and to demean ourselves with that charity, humility, and pacific temper of the mind, which were the characteristics of the divine author of our blessed religion ; without an humble imitation of whose example, in these things we can never hope to be a happy nation, " I have the honor to be, " with much esteem and repect, " Sir, " Your excellency's most obedient, " And most humble servant, " GEO: WASHINGTON.'^ 298 AMERICAN Speech of General Washington to the Anny^ on the 15 th of JIarch, ir83, in consequence of an ano72ymous appeal to the Army, Gentlemen — By an anonymous summons, an attempt has been made to convene you together. How inconsistent with the rules of propriety, how unmilitary and how sub- versive of all order and discipline, let the good sense of the army decide. In the moment of this summons, another anonymous production was sent into circulation, addressed more to the feelings and passions than to the reason and judgment of the army. The author of the piece is entitled to much credit for the goodness of his pen ; and I could wish he had as much credit for the rectitude of his heart ; for, as men see through different optics, and are induced by the reflecting faculties of the mind, to use different means to attain the same end, the author of the address should have had more charity than to mark for suspicion the man who should recommend moderation and longer forbearance, or, in other words, who should not think as he thinks, and act as he advises. But he had another plan in view, in which candor and liberality of sentim.ent, regard to justice and love of country, have no part: and he was right to insi- nuate the darkest suspicion to effect the blackest designs. That the address is drawn with great art, and is designed to ansv/er the most insidious purposes ; that it is calculat- ed to impress the mind with an idea of premeditated in- justice in the sovereign power of the United States, and rouse all those resentments which must unavoidably flow from such a belief; that the secret mover of this scheme, whoever he may be, intended to take advantage of the pas- sions, while they were warmed by the recollection of past distresses, without giving time for cool, deliberative think- ing ; and that composure of mind which is so necessary to give dignity and stability to measures, is rendered too ob- vious, by the mode of conducting the business, to need o- ther proof than a reference to the proceeding. Thus much, gentlemen, I have thought it incumbent on me to observe to you, to shew upon what principles I op- SPEAKER. 299 posed the irregular and hasty meeting which was propos- ed to have been held on Tuesday last, and not because I wanted a disposition to give you every opportunity, con- sistent with your own honor, and the dignity of the army, to make known your grievances. If my conduct hereto- fore has not evinced to you, that I have been a faithful friend to the army, my declaration of it at this time would be equally unavailing and improper. But as I was among the first who embarked in the cause of our common coun- try ; as I have never left your side one moment, but when called from you on public duty ; as I have been the constant companion and witness of your distresses, and not among the last to feel and acknowledge your merits ; as I have ever considered my own military reputation as insepara- bly connected with that of the army ; as my heart has ever expanded with joy when I have heard its praises, and my indignation has arisen when the mouth of detraction has been opened against it, it can scarcely be supposed, at this last stage of the war, that I am indifferent to its interests. But how are they to be promoted ? The way is plain, says the anonymous addresser. " If war continues, remove into the unsettled country ; there establish yourselves and leavt an ungrateful country to defend itself." — But who are they to defend ? Our wives, our children, our farms and other property which we leave behind us ? or, in this state of hostile separation, are we to take the two first, (the latter cannot be removed) to perish in a wilderness with hunger, cold and nakedness? " If peace takes place, never sheath your swords," says he, " until you have ob- tained full and ample justice." This dreadful alternative of either deserting our country in the extremest hour of her distress, or turning our arms against it, which is the apparent object, unless Congress can be compelled into in- stant compliance, has something so shocking it it, that hu- manity revolts at the idea. My God ; v- hat can this wri- ter have in view, by recommending such measures ? Can he be a friend to the army ? Can he be a friend to this country ? Rather is he not an insidious foe ? Some emissa- ry perhaps, from New-York, plotting the ruin of both, by sowing the seeds of discord and separation between the civil and military powers of the continent ? and what a compliment does he pay to our understandings, when he; 300 AMERICAN recommends measures in either alternative, impracticable in their nature ? But, here, gentlemen, I will drop the cur- tain; because it would be as imprudent in me to assign my reasons for this opinion, as it would be insulting to your conception to suppose you stood in need of them. A mo- ment's reflection will convince every dispassionate mind of the physical impossibility of carrying either proposal into execution. There might, gentlemen, be an impropriety in my taking notice, in this address to you, of an anony- mous production ; — but the manner in which that per- formance has been introduced to the army, the effect it was intended to have, together with some other circum- stances, will amply justify my observation on the tendency of that writing. With respect to the advice given by the author, to sus- pect the man who shall recommend moderate measures and longer forbearance, I spurn it, as every man who re- gards that liberty and reveres that justice for which we contend, undoubtedly must ; for, if men are to be preclud- ed from offering their sentiments on a matter which may involve the most serious and alarming consequences that can ftivite the consideration of mankind, reason is of no use to us. The freedom of speech may be taken away, and, dumb and silent, we may be led, like sheep, to the slaughter. I cannot, in justice to my own belief, and what I have great reason to conceive is the intention of Con- gress, conclude this address, without giving it as my de- cided opinion, that, that honorable body entertain exalted sentiments of the services of the army, and from a full con- viction of its merits and sufferings, will do it complete justice : That their endeavours to discover and establish funds for this purpose have been unwearied, and will not cease till they have succeeded, I have not a doubt. But, like all other large bodies, where there is a variety of different interests to reconcile, their determinations are slow. Why then should we distrust them ? And in con- sequence of that distrust, adopt measures which may cast a shade over that glory which has been so justly acquired, and tarnish the reputation of an army which is celebrated through all Europe for its fortitude and patriotism? And for what is this done ? To bring the object we seek near- er ? No, most certainly in my opinion, it will cast it at a SPEAKER. ciOl greater distance. For myself, and I take no merit in giv- ing the assurance, being induced to it from principles of gratitude, veracity and justice, a grateful sense of the con- fidence you have ever placed in me, a recollection of the cheerful assistance and prompt obedience I have experi- enced from you, under every vicissitude of fortune, and the sincere affection I feel for an army I have so long had the honor to command, will oblige me to declare, in this public and solemn manner, that in the attainment of com- plete justice for all your toils and dangers, and in the gra- tification of every wish, so far as may be done consistent- ly with the great duty I owe my country, and those pow- ers we are bound to respect, you may freely command ray services to the utmost extent of my abilities. "While I give you these assurances, and pledge myself, in the most unequivocal manner, to exert whatever ability I am possessed of in your favour, let me entreat you gen- tlemen, on your part, not to take any measures, which, viewed in the calm light of reason, will lessen the dignity, ar.d sully the glory you have hitherto maintained. — Let me request you to rely on the plighted faith of your ^un- tr\', and place a full confidence in the purity of the inten- tions of Congress ; that, previous to your dissolution as an army, they will cause all our accounts to be fairly liqui- dated, as directed in the resolutions which were published to you two days ago ; and that they will adopt the most effectual measures in their power to render ample justice to you for your faithful and meritorious services. And let me conjure you, in the name of our common country, as you value your own sacred honor, as you respect the rights of humi'.iiity, and as you regard the miiitvuy and national character of America, to express your utmost horror and detestation of the man, who wishes, under any specious pretences, to overturn the liberties of our c-mntry ; and who wickedly attempts to open the flood, -gates of civil dis- cord, and deluge our rising empire in blood. By thus determining, and thus acting, you will pursuQ the plain and direct road to the attainment of your wish- es ; you will defeat the insidious designs of your enemies, who are compelled to resort from open force to secret arti- fice. You will give one more distinguished proof of un- exampled patriotism and patient virtue, rising superior to D D S02 AMERICAN the pressure of the most complicated sufferings : And you will, by the dignity of your conduct, afford occasion for posterity to say, vhen speaking of the glorious example you have exhibited to mankind — " had this day been wanting, the world had never seen the last stage of per- fection to which human nature is capable of attaining." GeneralWashington to the President of Congress on resign* ing his Commission — 1783. " Mr. President — The great events on which my resig- nation depended, having at length taken place, I have now the honor of offering my sincere congratulations to Con- gress, and of presenting myself before them to surrender into their hands the trust committed to me, and to claim the indulgence of retiring from the service of my country. " Happy in the confirmation of our independence and sovereignty, and pleased with the opportunity afforded the United States of becoming a respectable nation, I resign with satisfaction the appointment I accepted with diffi- dence; a diffidence in my abilities to accomplish so ardu- ous a task, which however, was superseded by a confi- dence in the rectitude of our cause, the support of the su- preme power of the union, and the patronage of Heaven. " The successful termination of the war has verified the most sanguine expectations ; aud my gratitude for the in- terposition of Providence, and the assistance I have receiv- ed from my countr)men, increases with every review of the momentous contest. " While I repeat my obligations to the army in general, I should do injustice to my own feelings, not to acknow- ledge in this place, the peculiar services and distinguished merits of the persons who have been attached to my per- son during the war. It was impossible the choice of con- fidential officers to compose my family could have been more fortunate. Permit me. Sir, to recommend in par- ticular, those who have continued in the service to the pre- sent moment, as worthy of the favourable notice and pa- tronage of Congress. ••'• I consider it as an indispensable duty to close this last solf^mn act of my official life, by commending the interests SPEAKER. 303 of our dearest country to the protection of Almighty God, and those who have the superintendence of them to his holy keeping. " Having now finished the work assigned me, I retire from the great theatre of action ; and, bidding an aSection- ate farewolto this august body, under whose orders I have long acted, I here offer my commision, and take my leave of ail the employments of public life.*' The Answer of General Mijflin^ the President of Congress^ to the foregoing' Speech, « Sir — The United States in Congress assembled, re- ceive with emotions too affecting for utterance, the solemn resip;nation of the authorities under which you have led • j their troops with success, through a perilous and doubtful war. " Called upon by your country to defend its invaded ^ . j rights, you accepted the sacred charge before it had form-'" ■•>' | ed alliances, and whilst it was without friends or a govern- ment to support you. " You have conducted the great military contest with wisdom and fortitude, invariably regarding the rights of the civil power through all disasters and changes. You have by the love and confidence of your fellow-citizens, enabled them to display their martial genius, and transmit their fame to posterity : you have persevered till th^ise United States, aided by a magnanimous king and nation, have been enabled under a just Providence, to close the war in safety, freedom, and independence ; on which hap- py event we sincerely join you in congratulations. *^ Having defended the standard of libert}- in this new world; havmg t \ught a It-sson useful to those ^mcJio in fiict, and to those who ieei oppression, you retire from the great theatre of action with the blessings of your fellow-citi- zens: but the giory ol your virtues will not terminate with your military command, it will continue to ^mimate re- motest ages. We ft tl with you our o'oligations to the ar- my in g.ncral, and will particularly chiirg.- ourselves with the intm-st of those ronfidtntial oiiitxrs wtio have attend- ed your person to this affecting moment. S04 AMERICAN " We join you in commending the interests of our dear- est country to the protection of Ahnighty God, beseeching him tc- dispose the ht arts and nunds of its citizens to im- prove the opportunity afforded them of becoming a happy snd respect&ble nation ; and for you, we address to Him onr earnest prayers, that a life so beloved, may be foster- ed with all his care ; that your days may be happy as they have been illustrious, and that he will finally give you that reward which this world cannot give." Farewel Address of General Washzngton^ to the Armies of the United States, Rocky-Uill, near Princeton, November 2, 1783. " The United States in Congress assembled, after giv- ing the most honorable testimony to the merits of the fe- deral armies, and presenting them with the thanks of their country, for their long, eminent, and faithful service, hav- ing thought proper, by their proclamation, bearing date i\\Q 18th of October last, to discharge such part of the •roops as were engaged for the war, and to permit the of- ficers on furlough to retire from service, from and after to-morrow ; which proclamation havmg been communica- ted in the public papers, for the information and govern- ment of all concerned, it only remains lor the commander in chief to address himself once more, and that for the last time, to the armies of the United States, (however widely dispersed individuals who compose them may be,) and to bid them an affectionate— a long farewel. " But before the commander in chief takes his final Jeavt of those he holds most dear, he wishes to indulge himself a few moments in calling to mind a slight view of the past : — he will then take the liberty of exploring, with his military friends, their future prospects ; of advising the general line of conduct, which, in his opinion, ought to be pursued ; and he will conclude the address, by ex* pressing the obligations he feels himself under for the spi- rited and able assistance he has experienced from them, in the ptrlormance of an arduous office. A lonitu p ation of the complete attainment, (at a pe- riod earlier than could have been expected,) of the object SPEAKER. 305 for which we contended, against so formidable a powt-r, cannot, but inspire us with astonishment and gratitude. The disadvantageous circumstances on our part, under which the war was undertaken, can never be- for^iotten. The signal interpositions of Providence, in our feeble con- dition, were such as could scarcely escape the attention of the mostunobserving; while the unparalleled perseverance of the armies of the United States, through . Imost every possit)le suffering and dis< ouragement, for the sp-^ce of eight long years, was little short of a standing miracle It is not the meaning, nor within the compass of this address, to detail the hardships peculiarly incident to our service, or to describe the distresses which, in several in- stances, have resulted from the extremes of hunger and nakedness, combined with the ri^^ours of an inclement sea- son : nor is it necessary to dwell on the dark sid? of our past affairs. Every American officer and soldier must now console himself for any unpleasant circumstance which may have occurred, by a recollection of the uncommon scenes in which he has been called to act no inglorious part, and the astonishing events of which he has been a witness — events which have seldom, if ever before, taken place on the stage of human action ; nor can they probably ever hap- pen again. For who has before seen a disciplined army formed at once from such raw materials ? Who that wa?5 not a witness, could imagine that the most violent local, prejudices would cease so s«;on, and that men who came from the different parts of the continent, strongly disposed by the habits of education to despise and quarrel v/ith each other, would instantly become but one patriotic band of brothers ? Or who that was not on the spot, can tracex the steps by which such a wonderful revolution has beef» effected, and such a glorious period put to all oar warlike toils ? It is universally acknowledged, that the enlarged pros- pects of happiness, opened by the confirmation of our in- dependence and sovereignty, almost exceed the power of description: and shall not the brave men who have con- tributed so essentially to these inestimable acquisitions, retiring victorious from the field of war to the field of a- gricukure, participate in all the blessing&whicbto&lkem D D 2 206 AMERICAN obtained ? In such a republic, who will exclude them from the rights of citizens, and the fruits of their labours ? In such a country, so happily circumstanced, the pursuits of commerce, and the cultivation of the soil, will unfold to industry the certain road to competence. To those hardy soldiers who are actuated by the spirit of adventure, the fisheries will afford ample and profitable employment ; and the extensive and fertile regions of the west, will yield a most happy asylum to those who, fond of domestic enjoy- ment, are seeking personal independence. Nor is it pos- sible to conceive that any one of the United States will prefer a national bankruptcy, and the dissolution of the u- nion, to a compliance with the requisitions of Congress, and the payment of its just debts ; so that the officers "and soldiers may expect considerable assistance, in recommen- cing their civil occupations, from the sums due to them from the public, which must and will most inevitably be paid. In order to effect this desirable purpose, and remove the prejudices v/hich may have taken possession of the minds of any of the good people of the states, it is ear- nestly recommended to all the troops, that, with strong at- tachment to the union, they should carry with them into civil society the most conciliating dispositions, and that they should prove themselves not less virtuous and useful as citizens, than they have been victorious as soldiers. What though there should be some envious individuals, who are unwilling to pay the debt the public has contract- ed, or to yield the tribute due to merit ; yet, let such un- worthy treatment produce no invective, or any instance of inttn-iperate conduct. Let it be remembered, that the un- biassed voice of the free citi;3ens of the United States, has promised the just reward, a^d given the merited ap- plause. Let it be known and remembered, that therepu- tati^^n of the federal armies is estijblished beyond the reach of malevolence ; and let a consciousness of their achirvements and fame, still excite the men who composed them to honorable actions, under the persuc^ion that the private virtues of economy, prudence, and industry, will not be less amiable in civil life, than the more splendid qualities of valour^ perseverance, and" enterprise, vv^ere m ihe field. Every one may rest assiured, that much, very SPEAKER. SO? mucii of the future happiness of the officers and men, will depend upon the ^ise and nianly conduct which shall be adopted by them, when they are mingled with the great body of the community. And, although the general has so frequently given it as his opinion, in the most public and explicit manner, that unless the principles of the fede- ral government were properly supported, and the powers of the union increased, the honor, dignity, and justice of the nation would be lost for ever ; yet he cannot help re- peating, on this occasion, so interesting a sentiment, and leaving it as his last injunction to every officer and every soldier, who may view the subject in the same serious point of light, to add his best endeavours to those of his worthy fellow-citizens, towards effecting these great and valuable purposes, on which our very existence as a nation so ma- terially depends. The commander in chief conceives little is now wanting to enable the soldier to change the military character into that of the citizen, but that steady, decent tenour of beha- viour, which has generally distinguished not only the ar- my under his immediate command, but the different de- tachments and armies, through the course of the war. From their good sense and prudence, he anticipates the happiest consequences ; and while he congratulates them on the glorious occasion which renders their services in the field no longer necessary, he wishes to express the strong obligations he feels hinnself under, for the assistance he has received from every class, and in every instance. He presents his thanks in the most serious and affectionate manner, to the general officers, as well for their counsels on many interesting occasions, as for their ardour in pro- moting the success of the plans he had adopted — to the commandants of regiments, and corps, and to the other officers, for their zeal and attention m carrying his orders promptly into execution — to the staff, tor their alacrit) and exactness in performing tht duties of their several dei art- ments ; and to the non-commissioned officers and prvate soldiers, for their extraordinary patience and sufferi;;g, as well as their invnicible fortitude in action. To the vari- ous branches of the army, the general takes this last and solemn opportunity of professing his inviolable attachment and friendship. He wishes more than bare professions 308 AMERICAN were in his pow^r, that he was really able to be useful to them all in future life. He flatters himself, however, they will do him the justice to believe, that whatever could with propriety be attempted by him, has been done. And being now to conclude these his last public orders, to take his ultimate leave in a short time of the military character, and to bid a final adieu to the armies he has so long had the honor to command, he can only again offer in their behalf, his recommendations to their grateful country, and his prayers to the God of armies. May am- ple justice be done ihem here, and may the choicest of heaven's favours, boih here and hereafter, attend those who, under the divine anspices, have secured innumerable blessings for others. With these wishes, and this bene- diction, the commander in chief is about to retire from service. The curtain of separation will soon be drawn^ and the military scene to him will be closed forever." The Mayor of Alexandria to General Washington on his leaving that neighbourhood to take on him the office of President of the United States — 1789. *' Again }our lountry commands your care. Obedient to its wishes, un'rti'idful of your ease, we see you again relipqui&hing the bliss of retirement, and ihis too, at a pe- riod ot life, when nature itself seems to authorise a pre- ference of repose. "Not to extol your glory as a soldier ; not to pour forth our gratitude for past services ; not to acknowicdg; the justice of the unexampled honor whirh has been confer- red upon you by the spontaneous and unanimous suffrage of three millions of freemen, in your election to ihe su- preme magistracy, nor to admire the patriotism which di- rects >our conduct, do your neighbours and friends now address you. Themes less splendid, but more endearing, impress our minds. The first and best of citizens must leave us ; our aged must lose their ornament ; our youth their model ; our agriculture its improver ; our commerce its friend ; our infant academy its protector ; our poor their benefactor ; and the interior navigation of the Poto- mac, (an event replete with the most extensive utility, al- SPEAKER. 209 ready by your unremitted exertions brought into partial use,) its institutor and promoter. " Farewel. Go, and make a grateful people happy — a people who will be doubly grateful when they contemplate this recent sacrifice for their interest. ** To that Being who maketh and unmaketh at his will, we commend you ; and after the accomplishment of the arduous business to which you are called, may he restore to us again the best of men, and the most beloved fellow- Cencral Washmgtoij^s Ansxver to the foregoing, " Gentlemen — Although I ought not to conceal, yet I cannot describe the painful emotions which I felt, in being called upon to determine whether I would accept or re- fuse the Presidency of the United States. The unanimi- ty in the choice j the opinion of my friends communicated from different parts of Europe as well as from /imerica ; the apparent wish of those who were not entirely satisfied with the constitution in its present form, and an ardent desire on my own part to be instrumental in connecting the good will of my countrymen towards each other, have in- duced an acceptance. Those who know me best, (and you, my fellow-citizens, are, from your situation, in that number,) know better than any others, n^y love o'< retire- ment is so great, that no earthly consider uion, short of a conviction of duiy, could have prevailed upon me to de- part from my resolution '* never more to take any share in transactions of a public nciture ;" lor at u\\ age, and in my circumstances, what prospects or advantages could I propose to myself from embarking igain on the tempest- uous and uncertain ocean of public life ? " I do not feel myself under the necessity of majcing public declarations in order to convince you, gentlemen, of my attachment to yourselves, and regard for your interests. The whole tenour of my life has been open to your inspec- tion, and my past actions, r:sther than my present declara- tions, must be the pledge of my future conduct. " In the mean time, I thank you most sincerely for the expressions of kindness contained in your valedictory ad- SIO AMERICAN dress* It is true, just after having bade adieu to my do- mest connexions, this tender proof of your friendship is but too well calculated still farther to awaken my sensibi- lity, and increase my regret at parting from the enjoyments of private life. ** All that now remains for me, is to commit myself and you to the protection of that beneficent Being, who, on a former occasion hath happily brought us together, after a long and distressing separation. Perhaps the same gra- cious Providence will again indulge me. Unutterable sen- sations must then be left to more expressive silence, while from an aching heart 1 bid all my affectionate friends and kind neighbours farewel." Preside7it Washington!' s Speech to thejirst Congress^ April 30th, 1789. Fellow'.Citizens of the Senate and of the House of Representatives. Among the vicissitudes incident to life, no event could have filled me v/lth greater anxieties than that of which the notification was transmitted by your order, and re- ceivtd on the lith day of the present month. On the one hand, I was summoned by my country, whose \'oice I can never hear but with veneration and love, from a retreat which I had chosen with the fondest predcliction, and, in my flattering hopes, with an immutable decision as the asylum of my declining years : A retreat which was ren- dered every day more necessary as well as more dear to me, by the addition of habit to inclination, and of frequent interruptions in my health to ihe gradual waste committed on it by time. On the other hand, the magnitude and diffi- culty of the trust to which the voice of my country called ii:ie, being sufficient to awaken in the wisest and most ex- perienced of her citizens, a distrustful scrutiny into his qualifications, could not but overwhelm with despondence one, who, inheriting inferior endowments from nature, and unpractised in the duties of civil administration, ought to be peculiarly conscious of his own deficiences. In this conflict of emotions, all I dare aver is, that it has been my faithful study to collect my duty from a just appreciation of every circumstance by which it might be affected. Ail I SPEAKER. 311 dare hope is, that if in executing this task I have been too much swayed by a grateful remembrance of former instan- ces, or by an affectionate sensibiHty to this transcendant proof of the confidence of my fellow-citizens ; and have thence too little consulted my incapacity as well as disin- clination for the weighty and untried cares before me ; my error will be palliated by the motives which misled me, and its consequences be judged by my country, with some share of the partiality in which they originated. Such being the impressions under which I have, in obe- dience to the public summons, repaired to the present sta- tion, it would be peculiarly improper to omit in this first official act, my fervent supplications to that Almighty Be- ing, who rules over the universe, who presides in the coun- cils of nations, and whose providential aids can supply ev- ery human defect, that his benediction may consecrate to the liberties and happiness of the people of the United States, a government instituted by themselves for these essential purposes, and may enable every instrument em- ployed in its administration, to execute with success, the functions allotted to his charge. In tendering this homage to the great Author of every public and private good, I assure myself that it expresses your sentiments not less ^ than my own ; nor those of my fellow-citizens at large less than either. No people can be bound to acknowlt^dge and adore the invisible hand which conducts the affairs or men, more than the people of the United States. Every step, oy which they have advanced to the character of an independent nation, seems to have been distinguished by some token of providential agency. And in the important revolution just accomplished in the system of their united government, the tranquil deliberations and voluntary con- sent of so many distinct communities, from which the event has resulted, cannot be compared with the means by which most governments have been est;.bljshtd, without s )me return ot pious gratitude along w th an humble anticipa- tion of the future blessings which the past seem to pre- sage. These reflections, arising out of the present cri- sis, have forced themselves too strongly on ,my mind to be suppressed. Yuu will join wiUi ;Yit , I trust, in thinking that there are none under the influence of which, the pro- S12 AMERICAN ceedings of a new and free government can more auspici- ously commence. By the article establishing the executive department, it ia made the duty of the president *' to recommend to your consideration, such measures as he shall judge neces- sary and expedient." The circumstances under which I now meet you, will acquit me from entering into that sub- ject farther than to refer you to the great constitutional charter under which we are assembled ; and which, in de- fining your powers, designates the objects to which your attention is to be given. It will be more consistent with those circumstances, and far more congenial with the feel- ings which actuate me, to substitute in place of a recom- mendation of particular measures, the tribute that is due to the talents, the rectitude, and the patriotism which a- dorn the ch*iracters selected to devise and adopt them. In these honorable qualifications, I behold the surest pledges, that as on one side, no local prejudices or attachments, no separate views nor party animosities, will misdirect the comprehensive and equal eye which ought to watch over this great assemblage of communities and interests : So, on another, that the foundations of our national policy will be laid in the pure and immutable principles of private morality ; and the pre-eminence of a free government be exemplified by all the attributes which can win the affec- tions of its citizens, and command the respect of the world. 1 dwell on this prospect with every satisfaction which an ardent love for my country can inspire ; since there is no truth more thoroughly established than that there ex- ists in the economy and course of nature, an indissoluble union between virtue and happiness — between duty and ad- vantage — between the genuine maxims of an honest and magnanimous policy, and the solid rewards of public pros- perity and felicity. Since we ought to be no less persua- ded that the propitious smiles of Heaven can never be ex- pected on a nation that disregards the eternal rules of or- der and right which Heaven itself has ordained. And since the preservation of the sacred fire of liberty, and the des- tiny,of the ri pubhcan model of government, are justly con- sidered as deeply, perhaps, as finally staked, on the expe- riment entrusted to the hands of the American people. SPEAKER. 313 Besides the ordinary objects submitted to your care, it will remain with your judgment to decide how far an ex- ercise of the occasional power delegated by the fifth arti- cle of the constitution is rendered expedient at the pre- sent juncture by the nature of objections which have been urged against the system, or by the degree of inquietude which has given birth to them. Instead of undertaking particular recommendations on this subject, in which I could be guided by no lights derived from official oppor- tunities, I shall again give way to my entire confidence in your discernment and pursuit of the public good : For I assure myself, that whilst you carefully avoid every al- teration which might endanger the benefits of an united and effective government, or which ought to await the fu- ture lessons of experience ; a reverence for the charac- teristic rights of freemen, and a regard for the public harmony, will sufficiently influence your deliberations on the question, how far the former can be more impregnably fortified, or the latter be safely and more advantageously promoted. To the preceding observations I have one to add, which will be most properly addressed to the house of represen- tatives. It concerns myself, anc^will therefore be as brief as possible. When I was first honored with a call into the service of my country, then on the eve of an arduous strug- gle for its liberties, the light in which I contemplated my duty, required that I should renounce every pecuniary com- pensation. From this resolution I have in no instance de- parted. And being still under the impressions which pro- duced it, I must decline as inapplicable to myself, any share in the personal emoluments, which may be indispensibly in- cluded in a permanent provision for the executive depart- ment ; and must accordingly pray that the pecuniary esti- mates for the station in which 1 am placed, may, ouring my continuation in it, be limited to such actual expendi- tures as the public good m^ be thought to require. Having thus imparted to you my sentiments, as they have beea awakened by the occasion which brings us to- gether, I shall take my present leave j but not without re- sorting once more to the benign Parent of the human race, in humble supplication, that since he has been pleased.to favour the American people with opportunities for delifc Ee 014 AMERICAN crating in perfect tranquillity, and dispositions for deciding with unparalleled unanimity on a form of government for the security of their union, and the advancement of their happiness ; so his divine blessing may be equally conspicu- ous in the enlarged views, the temperate consultations, and the wise measures on which the success of this govern- ment must depend. Presidejit Washington's Speech on opening the third Con- gress of the United States^ December 3d, 1793. Fellow-Citizens of the Senate and House of Representatives, Since the commencement of the term, for which I have been again called to office, no fit occasion has arisen for ex- pressing to my fellow-citizens at large, the deep and res- pectful sense, which I feel, of the renewed testimony of public approbation. While on the one hand, it awakened my gratitude for all those instances of affectionate partia- lity, with which I have been honored by my country; on the other, it could not prevent an earnest wish for that re- tirement, from which RQ private consideration should ever have torn me. Butiafllienced by the belief, that my con- duct would be estimated according to its real motives ; and that the people, and the authorities derived from thf m, would support exertions, having nothing personal for their object, I have obeyed the suffrage which commanded me to resume the executive power ; and I humbly implore that Being, on whose will the fate of nations depends, to crown with success our mutual endeavours for the general happi- ness. As soon as the war in Europe had embraced those powers with whom the United States have the most ex- tensive relation ; there was reason to apprehend that our intercourse with them might be interrupted, and our dis- position for peace, drawn into question, by the suspicions too often entertained by beUigerent nations. It seemed therefore to be my duty, to admonish our citizens of the consequences of a contraband trade, and of hostile acts to any of the parties ; and to obtain, by a declaration of the existing legal stat^ of things, an easier admission of ou* rights to the immuRities, belonging to our situation. Un- SPEAKER. 3i3 der these impressions, the proclamation, which will be laid before vou was issued. In this posture of af^iirs, both new and delicate, I re- solved to adopt general rules which should conform to the treaties, and assert the privileges of the United States. These were reduced into a system, which will i>e commu- nicated to you. Although I have not thought myself at liberty to forbid the sale of the prizes, permitted by our treaty of commerce with France to be brought into our ports ; I have not refused to cause them to be restored, when they were taken within the protection of our territo- ry; or by vessels commissioned or equipped in a warlike form within the limits of the United States. It rests with the wisdom of Congress to correct, im- prove or enforce this plan of procedure, and it will proba- bly be found expedient to extend the legal code, and the jurisdiction of the courts of the United States, to m;my cases which, though dependent on principles already re- cognized, demand some further provisions. When individuals shall, within the United States, array themselves in hostility against any of the powers at war ; or enter upon military expeditions, or enterprises within the jurisdiction of the United States; or usurp and exer- cise judicial authority within the United States ; or where the penalties on violations of the law of nations ma\' have been indistinctly marked, or are inadequate ; these offt ices cannot receive too early and close an attention, and require prompt and decisive remedies. Whatsoever those remedies may be, they will be well administered by the judiciary, who possess a long estab- lished course of investigation, effectual process, and offi- cers in the habit of executing it. In like manner, as se- veral of the courts have doubted^ under particular circum- stances, their power to liberate the vessels of a nation at peace, and even of a citizen of the United States, although seized under a false colour of being hostile property ; and have denied their power to liberate certain captures within the protection of our territory ; it would seem proper to regulate their jurisdiction in these points. But if the Ex- ecutive is to be the resort in either of the two last men- tioned cases, it is hoped, that he will be authorised by lawj 316 AMERICAN to have facts ascertained by the courts, when, for his own information he shall request it. I cannot recommend to your notice measures for the fulfilment of our duties to the rest of thvi world, without again pressinguponyou the necessity of placing ourselves in a condition of complete defence, and of exacting from them the iulfilment of their dutits towards us. The United States ought not to indulge a persu.^sion, that, contrary to the or- dtr of human events, they will forever keep at a distance those painful appeals to arms with which the history of every othtr nation abounds. There is a rank due to the United Slates among nations ; which will be withheld, if not absolutely lost, by the reputation of weakness. If we desire to avoid insult, we must be able to repel it j if we de- sire to secure peace, one of the most powerful instruments of our rising prosperity, it must be known, that we are at all times ready for war. The documents which will be presented to you, will shew the amount, and kinds of arms and military stores now in our magazines and arsenals ; and yet an addition even to these supplies cannot with prudence be neglected; as it would leave nothing to the uncertainty of procuring a warlike apparatus in the moment of public danger. Nop can such arrangements, with such objects, be exposed to the censure or jealousy of the warmest friends of republican go- vernment. They are incapable of abuse in the hands of the militia, who ought to possess a pride in being the deposi- tory of the force of the Republic, and may be trained to a degree of energy, equal to every military exigency of the United States. But it is an inquiry, which cannot be too solemnly pursued, whether the act, " more effectually to provide for the national defence by establishing an uniform militia throughout the United States," has organized them so as to produce their full effect ; whether your own ex- perience in the several States has not detected some im- perfections in the scheme ; and whether a material feature ia an improvement of it, ought not to be to afford an op- portunity for the study of those branches of the military art, which can scarcely ever be attained by practice alone ? The connexion of the United States with Europe, has become extremely interesting. — The occurrence^ which SPEAKER, 317 relate to it, and have passed under the knowledge of the Executive^ will be exhibited to Congress in a subsequent communication. When we contemplate the war on our frontiers, it ma)" be truly affirmed that every reasonable effort has been made to adjust the causes of dissension with the Indians, north of the Ohio. The instructions given to the commission- ers evince a moderation and equity, proceeding from a sin- cere love of peace, and a liberality having no restriction but the essential interests and dignity of the United States, The attempt, however, of an amicable negociation having been frustrated, the troops have marched to act offensive- ly. Although the proposed treaty did not arrest the pro- gress of military preparation, it is doubtful, how far the advance of the season, before good faith justified active movements, may retard them during the remainder of the year. From the papers and intelligence which relate to this important subject, you will determine, whether the deficiency in the number of troops, granted by law, shall be compensated by succours of militia j or additional en- couragements shall be proposed to recruits. An anxiety has been also demonstrated by the Executive, for peace with the Creeks and the Cherokees. The former have beea relieved with corn and with cloathing, and offensive mea- sures against them prohibited, during the recess of Coi^- gress. To satisfy the complaints of the latter, prosecu- tions have been instituted for the violences committed up- on them. But the papers which v/iil be delivered to you, disclose the critical footing on which we stand in regard to both those tribes, and it is v/ith Congress to pronouncs what shall be done. After they shall have provided for the present enr^er- gcncvj it will merit their most serious labours, to render tranquility Vv'ith thti savages, permanent, by creating ties of interest. Next to a rigorous execution of justice on the violators of peace, the establishment of commerce with the Indian nations in behalf of the United States, is most }\kc- ly to conciliiAte their attachment. But it ought to be con- ducted without fraud, without extortion, v/ith constant and plentiful supplies, with a ready market for the commodi= ties of the Indians, and .a stated price for what they give in payment^ and receive . in exchange^ Individuals vs^i^'IL E £ 2 318 AMERICAN not pursue such a traffic, unless they be allured by the hope of profit j but it will be enough for the United States to be reimbursed only. Should this recommendation ac- cord with the opinion of Congress, they will recollect, that It cannot be accomplished by any means yet in the hands of the Executive. President Washingtori* s Address to the People of the United States^ announcing his intention of retiring from Public Service, Friends and Fellow Citizens. The period for a new election of a citizen to adminis- ter the executive government of the United States, being not far distant, and the time actually arrived, when your thoughts must be employed in designating the person, who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being con- sidered among the number of those, out of whom a choice is to be made, I beg you, at the same time, to do me the justice to be assured, that this resolution has not been taken, without a strict regard to all the considerations appertaining to the relation, which binds a dutiful citizen to his country ; and that, in withdrawing the tender of service which si- lence in my situation might imply, 1 am influenced by no diminution of zeal for your future interest ; no deficiency of grateful respect for your past kindness ; but am sup- ported by a full conviction that the step is compatible with both. The acceptance of, and continuance hitherto in the of- fice to which your suffrages have twice called me, have been « uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your de- sire. I constantly hoped, that it would have been much earlier in my power, consistently with motives, which I v/as not at liberty to disregard, to return to that retirement, from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last electionj SPEAKER. 31^ had even led to the preparation of an address to declare it to you ; but mature reflection on the then perplexed and critical posture of our affairs with foreign nations, and the unanimous advice of persons entitled to my confidence, im- pelled me to abandon the idea. I rejoice, that the state of your concerns, external as well as internal, no longer renders the pursuits of inclina- tion incompatible with the sentiment of duty, or proprie- ty ; and am persuaded whatever partiality may be retain- ed for my services, that in the present circumstances of our country, you will not disapprove my determination to retire. The impressions with which I first undertook the ardu- ous trust, were explained on the proper occasion. In the discharge of this trust, I will only say, that I have with good intentions, contributed towards the organization and admi- nistration of the government, the best exertions of which a very fallible judgment was capable. Not unconscious, in the outset, of the inferiority of my qualifications, experi- ence in my own eyes, perhaps still more in the eyes of o- thers, has strengthened the motives to diffidence of my- self ; and every day the increasing weight of years admo- nishes me more and more, that the shade of retirement is as necessary to me as it will be welcome. Satisfied that i£ any circumstances have given peculiar value to my ser- vices they were temporary, I have the consolation to be- lieve, that while choice and prudence invite me to quit the political scene, patriotism does not forbid it. In looking forward to the moment, which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude which I owe to my beloved country, for the many honors it has conferred upon me ; still more for the steadfast confidence with which it has supported me ; and for the opportunities I have thence enjoyed of manifesting my inviolable attachment, by services faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these ser- vices, let it always be remembered to your praise, as an in- structive example in our annals, that under circumstances in which the passions, agitated in every direction, were li- able to mislead, amidst appearances sometimes dubious,— 320 AMERICAN vicissitudes of fortune often discouraging, — in situations in which not unfrequently want of success has countenanc- ed the spirit of criticism — the constancy of your support was the essential prop of the efforts, and a guarantee of the plans by which they were effected. — Profoundly pene- trated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing prayers that Heaven may continue to you the choicest tokens of its beneficence — that your union and brotherly affection may be perpetual — that the free constitution, which is the work of your hands, may be sacredly maintained — that its administration in every department may be stamped with wisdom and vir- tue — that, in fine, the happiness of the people of these States under the auspices of liberty, may be made complete, by so careful a preservation and so prudent a use of this bless- ing as will acquire to them the glory of recommending it to the applause, the affection and adoption of every nation which is yet a stranger to it. Here, perhaps, I ought to stop. But a solicitude for your welfare, which, cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me on an occasion like the present, to offer to your solemn contemplation, and to recommend to your frequent re- view, some sentiments, which are the result of much re- flection, of no inconsiderable observation, and which ap- pear to me all-importani to the permanency of your felici- ty as a people. These will be offered to you with the more freedom, as you can only see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his council* Nor can I forget, as an encouragement to it, your indulgent reception of my sentiments on a former and not dissimilar occasion. Interwoven as is the iove of liberty v.'ith every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment. The unity of government which constitutes you one peo- ple is also now dear to you. It is justly so ; for it is a main pillar in ihe edifice of your real independence, the support of your tranquillity at home, your peace abroad j of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee, that from different causes and from different quarters^ SPEAKER. 321 much pains will be taken, many artifices employed to weak- en in your minds the conviction of this truth ; as this is the point in your political fortress against which the batteries of iniernal and external enemies will be most constantly and actively (though often covertly and insidiously) direct- ed, it is of infinite moment, that you should property esti- mate the immense value of your national union to your collective and individual happiness ; that you should che- rish a cordial, habitual and immovable attachment to it; accustoming yourselves to think and speak of it as the pal- ladium of your political safety and prosperity ; watching for its preservation with jealous anxiety ; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned ; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts. For this you have every inducement of sympathy and interest. Citizens by birth or choice, of a common country, that country has a right to concentrate your affections. The name of American, which belongs to you, in your na- tional capacity, mj»st always exalt the just pride of patriot- ism, more than any appellation derived from local discri- minations. With slight shades of difference, you have the same religion, manners, habits and political principles. You have in a common cause fought and triumphed together ; the independence and liberty you possess are the work of joint councils, and joint efforts, of common danger, suffer- ings and successes. But these considerations, however powerfully they ad- dress themselves to your sensibility, are greatly outweigh- ed by those which apply more immediately to your inte- rest. — Here every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole. The norths in an unrestrained intercourse with the souths protected by the equal laws of a common govern- ment, finds in the productions of the latter, great additional resources of maritime and commercial enterprise and pre- cious materials of manufacturing industry. — The south in the same intercourse, benefitting by the agency of the north^ sees its agriculture grow and its commerce expand. Tprn- a^2 AMERICAN ing partly into its own channels the seamen of the norths it finds its particular ciavigation invigorated ; and while it contributes, in different ways, to nourish and increase the general mass of the national narigation, it looks forward to the protection of a maritime strength, to which itself is un- equally adapted. — The east, in alike intercourse with the west, already finds, and in the progressive improvement of interior communications by land and water, will more and more find a valuable vent for the commodities which it brings from abroad, or manufactures at home. — The west derives from the east, supplies requisite to its growth and comfort — and what is perhaps of still greater consequence, it must of necessity owe the secure enjoyment of indis- pensable outlets for its own productions to the weight, in- fluence, and the future maritime strength of the Atlantic side of the union, directed by an indissoluble community of interest as one nation, — Any other tenure by which the west can hold this essential advantage, whether derived from its own separate strength, or from an apostate and un- natural connection with any foreign power, must be intrin- sically precarious. While then every part of pur country thus feels an im- mediate and particular interest in union, all the parts com- bined cannot fail to find in the united mass of means and efforts, greater strength, greater resource, proportionably greater security from external danger, a less frequent in- terruption of their peace by foreign nations ; — and what is of inestimable value, they must derive from union an ex- emption from those broils and wars between themselves^ which so frequently afflict neighbouring countries, not tied together by the same government ; which their own rival- ships alone would be sufficient to produce, but which oppo- site foreign alliances, attachments and intrigues would stimulate and embitter. — Hence likewise they will avoid the necessity of those overgrown military establishments, which under any form of government arc inauspicious to liberty, imd which are to be regarded as particularly hostile to republican liberty; in this sense it is, that your union ought to be considered as a main prop of your liberty, and that che love ol the one ought to endear to you the preser- \ ation of the other* SPEAKER. 325 These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the con- tinuance of the union as a primary object of patriotic desire. — Is there a doubt, whether a common government can embrace so large a sphere ? — Let experience solve it. To listen to mere speculation in such a case were criminal. We are authorised to hope that a proper organization of the whole, with the auxiliary agency of governments for the respective subdivisions, will afford a happy issue to the ex- periment. It is well worth a fair and full experiment. With such powerful and obvious motives to union, affect- ing all parts of our country, while experience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those, who in any quarter may endeavour to weaken its bands. In contemplating the causes which may disturb our union, it occurs as matter of serious concern, that any ground should have been furnished for characterizing parties by geographical discriminations — northern and souther?! — at' lant'ic aud western; whence designing men may endeavour to excite a belief that there is a real difference of local in- terests and views. One of the expedients of party to ac- quire influence, within particular districts, is to misrepre- sent the opinions and ai rss of other districts. You cannot shield yourselves too much against the jealousies and heart burnings which spring from these misrepresenta- tions ; they tend to render alien to each other those who ought to be bound together by fraternal affection. The in- habitants of our western country have lately had a useful lesson on this head : they have seen, in the negociation by the executive, and in the unanimous ratification by the Se- nate, of the treaty with Spain, and in the universal satis- faction at that event, throughout the United States, a de- cisive proof how unfounded were the suspicions propogat- ed among them of the policy in the general government, and in the Atlantic states, unfriendly to their interests in regard of the Mississippi : they have been witnesses to the formation of two treaties, that with Great Britain and that with Spain, which secure to them every thing they could desire, in respect to our foreign relations j towards con- firm sing their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the unioa 324 AMERICAN by which they were procured ? Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren, and connect them with aliens ? To the efficacy and permanency of your union, a go- vernment for the whole is indispensable. No alliances, however strict, between the parts can be an adequate sub- stitute ; they must inevitably experience the infractions and interruptions which all alliances in all times have ex- perienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a con- stitution of government, better calculated than your for- mer, for an intimate union, and for the efficacious manage- ment of your common concerns. This government, the offspring of your own choice, uninfluenced and unawed ; adopted upon full investigation and mature deliberation ; completely free in its principles ; in the distribution of its powers uniting security with energy, and containing with- in itself a provision for its own amendments, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis of our political systems is the right of the people to make and to alter their constitutions pf government, — But the constitution which at any time exists, until changed by an explicit and authentic act of the •whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish a government, presupposes the duty of every individual to obey the established government. All obstructions to the execution of the laws, all com- binations and associations, under whatever plausible cha- racter, with the real design to direct, controul, counteract, or awe the regular deliberations and actions of the consti- tuted authorities, are destructive of this fundamental prin- ciple, and of fatal tendency. They serve to organize fac- tion ; to give it an artificial and extraordinary force ; to put in the place of the delegated will of the nation, the will of a party, often a small, but artful and enterprising minority of the community ; and according to the alter- nate triumphs of different parties, to make the public ad- ministration the mirror of the ill-concerted and incongru- SPEAKER. 325 ous projects of faction, rather than the organ of consistent and wholesome plans, digested by common councils, and modified by mutual interests. However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become po- tent engines, by which cunning, ambitious, and unprinci- pled men, will be enabled to subvert the power of the peo- ple, and to usurp for themselves the reigns of government ; destroying afterwards the very engines which have lifted them to unjust dominion. Towards the preservation of your government, and the permanency of your present happy state, it is requisite not only that you steadily discountenance irregular oppo- sitions to its acknowledged authority, but also that you re- sist with care the spirit of innovation upon its prmciples, however specious the pretexts. One method of assault may be to effect in the forms of the constitution altera- tions which will impair the energy of the system, and thus to undermine what cannot be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true cha- racter of governments, as of other human institutions that experience is the surest standard, by which to test the real tendency of the existing constitution of a country— that facility in changes upon the credit of mere hypothesis and opinion, exposes to perpetual change from the endless variety of hypothesis and opinion : and remember, espe- cially, that from the efficient management of your common interests, in a country so extensive as ours, a government of as much vigour as is consistent with the perfect secu- rity of liberty, is iiadispensable. Liberty itself will find in such a government, with powers properly distributed and adjusted, its surest guardian. It is, indeed, little else than a name, where the government is too feeble to with- stand the enterprises of faction, to confine each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of persons and property. 1 have already intimated to you the danger of parties in the state, with particular reference to the founding of them on geographical discriminations. Let me now take Ff 32^6 AMERICAN a more comprehensive view, and warn you in the most soltmn manner, against the baneful effects of the spirit of party, generally. This spirit, unfortunately, is inseparable from our na- ture, having its root in the strongest passions of the hu- man mind. It exists under different shapes in all govern- ments,* more or less stifled, controlled, or repressed ; but in those of the popular form, it is seen in its greatest rank- ness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dis- sention, which in different ages and countries has perpe- trated the most horrid enormities, is itself a frightful des- potism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result, gradually incline the minds of men to seek security and repose in the absolute pov/er of an individual ; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this dis- position to the purposes of his own elevation, on the ruins of public liberty. Without looking forward to an extremity of this kind, (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party, are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the public councils, and en- feeble the public administration. It agitates the commu- nity with ill founded jealousies and false alarms; kindles the animosity of one part against another ; foments occa- sionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself, through the channels of party pas- sions. Thus the policy and the w;ll of one country, are subjected to the policy and will of another. There is an opinion that parties in fr^e countries are use- ful checks upon the administration of the government, and serve to keep alive the spirit of liberty. This, withm cer- tain limits, is probably true ; and in governments of a monarchical cast, patriotism may look with indulgence, if not with favour, upon the spirit of party. But in those of the popular character, in governments purely elective, it is SPEAKER. 32^ a spirit not to be encouraged. From their natural tenden- cy, it is certain there will always be enough of that spirit for every salutary purpose. And there being constant danger of excess, the effort ought to be, by force of pub- lic opinion, to mitigate and assuage it. A fire not to be quenched, it demands an uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume. It is important, likewise, that the habits of thinking, in a free country, should inspire caution in those intrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon ano- ther. — The spirit of encroachment tends to consolidate the powers of all the departm(;nts in one, and thus to cre- ate, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is suffi- cient to satisfy us of the truth of this position. The ne- cessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different de- positories, and constituting each the guardian of the pub- lic weal against invasions by the others, has been evinced by experiments ancient and modern ; some of them in our country and under our ov;n eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the consti- tutional powers, be in any particular wrong, let it be cor- rected by an amendment m the v/ay which the constitution designates. Bat let there be no change by usurpation ; for though this, in one instance, may be th- instrument of good, it is the customary weapon by which free govern- ments are destroyed. The precedent must always greatly overbalance in permanent evil, any partial or transient be- nefit which the use can at any time yield. Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable sup- ports. In vain would that man claim the tribute of pa- triotism, who should labour to subvert these great pillars of human happiness — these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A vo- 328 AMERICAN lume could not trace all their connexions with private and public felicity. Let it simply be asked, where is the se- curity for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instru- ments of investigation in courts of justice ? And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conced- ed to the influence of refined education on minds of pe- culiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principles. It is substantially true, that virtue or morality is a ne- cessary spring of popular government. The rule indeed exttnds v/ith more or less force to every species of free go- vernment. Who that is a sincere friend to it can look v/ith indifference upon attempts to shake the foundation of the fabric ? Promote then, as an object of primary importance, in- stitutions for the general diffusion of knowledge. In pro- portion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened. As a very important source of strength and securityj cherish public credit. One method of preserving it is to use it as sparingly as possible, avoiding occasions of ex- pense by cultivating peace ; but remembering also, that timely disbursetiients to prepare for danger, frequently prevent much greater disbursements to repel it ; avoiding likewise the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace, to discharge the debts which unavoidable wars may have occasioned, not ungenerously throwing upon posteri- ty the burden which we ourselves ought to bear. The execution of these maxims belongs to your representa- tives ; but it is necessary that public opinion should co- operate. To fecilitate to them the performance of their duty, it is essential that you should practically bear in mind, that towards the payment of debts there must be revenue ; that to have revenue there must be taxes ; that jio taxes can be devised which are not more or less incon- venient and unplerisant ; that the intrinsic embarrassment inseparable from the selection of the proper ©bjects, (which SPEAKER. 329 IS always a choice of difficulties,) ought to be a decisive motive for a candid construction of the conduct of the go- vernment in making it, and for a spirit of acquiescence in the measures for obtaining revenue which the public exi- gencies may at any time dictate. Observe good faith and justice towards all nations ; cul- tivate peace and harmony with all : religion and morality enjoin this conduct ; and can it be that good policy does not equally enjoin it ? It will be worthy of a free, enlight- ened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevo- lence. — Who can doubt that in the course of lime and things the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady ad- iierence to it ? Can it be, that Providence has not connect- ed the peamanent felicity of a nation with its virtue ? The experiment, at least, is recommended by every sentiment which ennobles human nature. Alas ! is it rendered im- possible by its vices ? In the execution of such a plan, nothing is more essen- tial than that permanent inveterate antipathies against par- ticular nations, and passionate attachments for others, should be excluded ; and that in place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another an habitual hatred, or an habitual fondness, is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. —Antipathy in one nation against another, disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, ■when accidental or trifling occasions of dispute occur. Hence frequent collisions, obstinate, envenomed, and bloody contests. The nation, prompted by ill-will and re- sentment, sometimes impels to war the government, con- trary to the best calculations of policy. The government sometimes participates in the national propensity, and a- dopts through passion, what reason would reject ; at other times, it makes the animosity of the nation subservient to projects of hostility instigated by pride, ambitioHj and 0= 530 AMERICAN ther sinister and pernicious motives. The peace often, some- times perhaps the liberty of nations, has been the victim. So, likewise, a passionate attachment of one nation for another, produces a variety of evils. Sympathy for the favourite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, be- trays the former into a participation in the quarrels and •wars of the latter, without adequate inducaments or justi- fication. It leads also to concessions to the favourite na- tion, of privileges denied to others, which are apt doubly to injure the nation making the concessions, by unneces- sarily parting with what ought to have been retained ; and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld ; and it gives to ambitious, corrupted, or deluded citizens, (who devote themselves to the favourite nation), facility to betray, or sacrifice the interests of their own country, without odium, sometimes even with popularity : gilding with the appearances of a virtuous sense of obligation, a cominendable deference* for public opinion, or a laudable zeM for public good, the base or foolish compliances of ambition, corruption, or infatuation. As avenues to foreign influence in innumerable ways, such attachments are paticularly alarming to the truly en- lightened and independent patriot. How many opportu- nities do they afford to tamper with domestic factions, to pihtcice the j.rts of seduction, to mislead public opinion, to iniiuf-nce or awe the public councils ! Such an attachment ot i» small or weak, towards a gre^t and powerful nation, dooms the former to be the satttllite of the latter. Agi'inst the insidious wiles of foreign influence (I con- jure ycu to believe me, fellew-ciiizens) the jealousy of a free r eople ought to l;>e constantly awake ; since history and experience prove that foreign influence is one of the nit.st baneful foes of republican government. But that ^,e.' U'usy to be useful must be impartial, else it becomes the instrument of the very influence to be avoided, instead of a (»t fence against it.— -Excessive partiality for one foreign natiun, and excessive dislike of another, cause those whom ihey actuate to see danger only oa one sid?, and serve tQ> SPEAKER. ^331 veil and even second the arts of influence on the other. — Real patriots, who may resist the intrigues of the favourite, are liable to become suspected and odious j while its tools and dupes usurp the applause and confidence of the people, to surrender their interests. The great rule of conduct for us, in regard to foreign nations, is in extending our commercial relations, to have with them as little political connexion as possible. So far as we have already formed engagements, let them be ful- filled with perfect good faith. — Here let us stop. Europe has a set of primary interests, which to us have none, or a very remote relation. Hence she must be en- gaged in frequent controversies, the causes of which are tssentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the or- dinary combinations and collisions of her friendships, or enmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one people, under an efficient government, the period is not far off, when we may defy material injury from external annoy- ance : when we may take such an attitude as will cause the neutrality, we may at any time resolve upon, to be scrupulously respected ; when belligerent nations under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation -, when we may choose peace or war, as our mterest, guided by justice, shall counsel. Why forego the advantages of so peculiar a situation ? Why quit our own to stand upon foreign ground ? Why by interweaving our destiny with that of any pc)rt of Eu- rope, entangle our peace and prosperity in the toils of Eu- ropean ambition, rivalship, interest, humour or caprice ? It is our true policy to steer clear of permanent alliances with any portion of the foreign world ; so far, 1 mean, as we are now at liberty to do it ; for let me not be understood US capable of patronizing infidelity to existing engagements, I hold the maxim no less applicable to public than to pri- vate afiairs, that honesty is always the best policy. I re- peat it therefore, let those engagements be observed ijQ S32 AMERICAN their genuine sense. But in my opinion, it is unnecessary and would be unwise to extend them. Taking care always to keep ourselves, by suitable es- tablishments, in a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emer- gencies. Harmony, and a liberal intercourse with all nations, are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand ; neither seeking nor granting exclusive favours or preferences: consulting the natural course of things ; dif- fusing and diversifying by gentle means the streams of commerce, but forcing nothing ; establishing, with powers so disposed in order to give trade a stable course, to de- fine the rights of our merchants, and to enable the govern- ment to support them, conventional rules of intercourse, tht: best that present circnmstances and mutual opinion will permit, but temporary, and liable to be from time to time abandoned or varied as experience and circumstances shall dictate ; constantly keeping in view, that it is folly in one nation to look for disinterested favours from ano- ther ; that it must pay with a portion of its independence for whatever it may accept under that character ; that by such acceptance, it may place itself in the condition of hav- ing given equivalents for nominal favours, and yet of be- ing reproached with ingratitude for not giving more. There can be no greater error than to expect, or calculate upon real favours from nation to nation. It is an illusion which experience must cure, which a just pride ought to discard. In offering to you my countrymen, these councils of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish ; that they will controul the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations : But if I may even flatter myself, that they may be productive of some partial bene- fit, some occasional good ; that they may nov/ and then re- cur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigue ; to guard 3gainst the im- postures of pretended patriotism ; this hope will be a full SPEAKER. 333 recompense for the solicitude of your welfare, by which they have been dictated. How far in the discharge of my official duties, I have been guided by the principles that have been delineated, the public records and other evidences of my conduct must witness to you and to the world. To myself, the assurance of my own conscience is, that I have at least believed my- self to be guided by them. In relation to the still subsisting war in Europe, my proclamation of the 22d of April, 1793, is the index to my plan. Sanctioned by your approving voice, and by that of your representatives in both houses of Congress, the spirit of that measure has continually governed me ; un- influenced by any attempts to deter or divert me from it. After deliberate examination, with the aid of the best lights I could obtain, I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and interest to take, a neutral po- sition. Having taken it, I determined, as far as should de- pend upon me, to maintain it with moderation, persever- ance, and firmness. The considerations which respect the right to hold this conduct, it is not necessary on this occasion to detail. I will only observe, that according to my understanding of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all. The duty of holding a neutral conduct may be inferred, without anything more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity towards other nations. The inducements of interest for observing that conduct will best be referred to your own reflections and experi- ence. With me, a predominant motive has been to en- deavour to gain time to our country to settle and mature its yet recent institutions, and to progress, without inter- ruption to that degree of strength and consistency, which is necessary to give it, humanly speaking, the command of its own fortunes. Though in reviewing the incidents of my administration, I am unconscious of intentional error ; 1 am nevertheless too sensible of my defects not to think it probable that I 334 AMERICAN may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence ; and that after forty-five years of my life dedicated to its service, with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as my- self must soon be to the mansions of rest. Relying on its kindness in this as in other things, and actuated by that fervent love towards it, which is so natu- ral to a man who views it in the native soil of himself and his progenitors for several generations ; I anticipate with pleasing expectation that retreat, in which I promise my- self to realize, without alloy, the sweet enjoyment of par- taking, in the midst of my fellow-citizens, the benign in- fluence of good laws under a free government — the ever favourite object of my heart, and the happy reward as I trust, of our mutual cares, labours, and dangers. United States^ Septe7nber 17th, 1796. General^ noxv Chief Justice MarshaWs Speech in Congress, announcing the death of Washington, December, 1799. *' Mr. Speaker — The melancholy event which was yes- terday announced with doubt, has been rendered but too certain. Our Washington is no more. The hero, the pa- triot, and the sage of America ; the man on whom in times of danger every eye was turned, and all hopes were placed, lives now only in his own great actions, and in the hearts of an afTectionate and afflicted people. If, sir, it had even not been usual openly to testify re- spect for the memory of those whom Heaven has select- ed as its instruments for dispensing good to man, yet such has been the uncommon worth, and such the extraordinary incidents which have marked the life of him whose loss we all deplore, that the whole American nation, impelled by the same feelings, would call with one voice for a pub- lic manifestation of that sorrow, which is so deep and so universal. iviore than any other individual, and as much as to one individual was possible, has he contributed to found this SPEAKER. 33^ «ur wide spreading empire, and to give to the western world, independence and freedom. Having effected the great object for which he was placed at the head of our armies, we have seen him convert the sword into the ploughshare, and sink the soldier into the citizen. When the debility of our federal system had become manifest, and the bonds which connected this vast conti- nent were dissolving, we have seen him the chief of those patriots who formed for us a constitution, which, by pre- ser^ing the union, will, I trust, substantiate and perpetu- ate those blessings which our revolution had promised to bestow. In obedience to the general voice of his country, calling him to preside over a great people, we have seen him once more quit the retirement he loved, and in a season more stormy and tempestuous than war itself, with calm and wise determination pursue the true interests of the nation, and contribute more than any other could contribute, to the establishment of that system of policy which will, I trust, yet preserve our peace, our honor, and our inde- pendence. Having been twice unanimously chosen the chief ma- gistrate of a free people, we have seen him, at a time when his re-election with universal suffrage could not be doubted, afford to the world a rare instance of moderation, by withdrawing from his station to the peaceful walks of private life. However the public confidence may change, and the public affections fluctuate with respect to others, with re- spect to him they have, in war and in peace, in public and in private life, been as steady as his own firm mind, and as constant as his own exalted virtues. Let us then, Mr. Speaker, pay the last tribute of re- spect and affection to our departed friend. Let thi- grand council of the nation display those sentiments which the nation feels. For this purpose I hold in my hand some resolutions which 1 take the liberty of offering to the House. Rc8olved^ That this house will wait on the president, in condolence of this mournful event. 336 AMERICAN Resolved^ That the speaker's chair be shrouded with black, and that the members and officers of the house wear black during the session. Resolved^ That a committee, in conjunction with one from the senate, be appointed to consider on the most suitable manner of paying honor to the memory of the man, first in war, first in peace, and first in the hearts of his fellow-citizens." Extract from Major General Lee's funeral Oration on the Death of General Washington^ delivered before both Hou- ses^ at the request of Congress^ December 26^/i, 1799. In obedience to your will, I rise your humble organ, with the hope of executing a part of the system of pub- lic mourning, which you have been pleased to adopt, com- memorative of the death of the most illustrious and most beloved personage this country has ever produced ; and which, while it transmits to posterity your sense of the awful event, faintly represents your knowledge of the con- sunimate excellence you so cordially honor. Desperate indeed is any attempt on earth to meet cor- respondently this dispensation of heaven ; for, while with pious resignation we submit to the will of an all gracious Providence, we can never cease lamenting in our finite view of omnipotent wisdom, the heart-rending privation for which our nation weeps. When the civilized world shakes to the centre ; when every moment gives birth to strange and momentous changes ; when our peaceful quarter of the globe, exempt as it happily has been from any share in the slaughter of the human race, may yet be compelled to abandon her pacific policy, and to risque the doleful casualties of war : what limit is there to the extent of our loss? — None within the reach of my words to ex- press ; none which our feelings will not disavow. The founder of our federal republic — our bulwark in war, our guide in peace, is no more ! Oh that this were but questionable ! Hope, the comforter of the wretched, would pour into our agonizing hearts its balmy dew. But, alas ! there is no hope for us ! Our Washington is remov- SPEAKER. 537 ed forever ! Possessing the stoutest frame, and purest mind, he had passed nearly to the age of sixty eight years, in the enjoyment of high health, when, habituated by his care of us to neglect himself,? a slight cold, disregarded, became inconvenient on Friday, oppressive on Saturday, and, de- fying every medical interposition, before the morning of Sunday, put an end to the best of men ! An end did I say ? — his fame survives ! bounded only by the limits of the earth, and by the extent of the human mind. He survives in our hearts, in the growing knowledge of our children, in the affection of the good throughout the world ; and when our monuments shall be done away ; when nations now existing shall be no more ; when even our young and far-spreading empire shall have perished, still will our Washington's glory unfaded shine, and die not, until love of virtue cease on earth, or earth itself sink into chaos. How, my fellow-citizens, shall I single out to your grateful hearts his pre-eminent worth ? where shall I begin in opening to your view a character throughout sublime I shall I speak of his warlike achievements, all springing from obedience to his country's will — all directed to his country's good ? Moving in his own orbit, he imparted heat and light to his most distant satellites ; and combining the physical and moral force of all within his sphere, with irresistable weight he took his course, commiserating folly, disdaining vice, dismaying treason, and invigorating despondency ; until the auspicious hour arrives, when he brought to submis- sion the since conqueror of India ; thus finishing his lonr?- career of military glory, with a lustre corresponding to his great name, and in this his last act of war, affixing the seal of fate to our nation's birth. To the horrid din of battle, sweet peace succeeded ; and our virtuous chief, mindful only of the common good in a moment tempting personal aggrandizement, hushed the discontents of growing sedition ; and, surrendering his power into the hands from which he had received it, con- verted his sword into a ploughshare, teaching an admiring world, that to be truly great you must be truly good. Was 1 to stop here, the picture would be incomplete, and the task imposed, unfinished — Great as was our Wash- ington in war, and as much as did that greatness contri- G G 338 AMERICAN bute to produce the American Republic, it is not in war alone bis pre-eminence stands conspicuous. His various talents, combining all the capacities of a statesman with those of a soldier, fitted him alike to guide the councils, and the armies of our nation. Scarcely had he rested from his martial toils, while his invaluable parental advice was still sounding in our ears, \vhen he who had been our sword and our shield, was called forth to act a less splendid, but more important part. Possessing a clear and penetrating mind, a sound and strong judgment, cijlmness and temper for deliberation, with invincible firmness and perseverance in resolutions, maturely formed, drawing information from all, acting from himself, with incorruptible integrity and unvarying pat- riotism ; his own superiority, and the public confidence alike marked him as the man designed by Heaven to lead in the politicrl as well as the military events which have distmguished the era of his Hfe. The finger of an over-ruling Providence, pointing at Washington, was neither mistaken nor unobserved ; when, to realize ihe vast hopes to which our revolution hnd giv- en birth, a change of political system became indispensable. How novel, how grand the spectacle ! Independent States stretched over an immense territory, and known only by common difficulty, clinging to their union as the rock of their safety, deciding by frank comparison of their rela- tive condition, to rear on that rock, under the guidance of reason, a common government, thiough whose command- ing protection, liberty and order, with their long train of blessings, should be safe to themselves and the sure inhe- ritance of their posterity. This arduous task devolved on citizens selected by the people, from knowledge of their wisdom, and confidence in their virtue. In this august assembly of sages and pa- triots, Washington, of course, was found ; and, as if ac- knowledged to be the most wise, where all were wise, with one voice, he was declared their chief. How well he me- rited this rare distinction, how faithful were the labors of himself and his couipatriots, the work of their hands, and our union, strength and prosperity, the fruit? of that work ^eBt attests. SPEAKER. 33«i But, to have essentially aided in presenting to his coun- try this consummation of her hopes, neither satisfied the claims of his fellow-citizens on his talents, nor those duties which the possession of those talents in^rosed. Heaven had not infused into his mmd such an uncommon shar- of its etherial spirit to remain unemployed, nor bestowed on him his genius, unaccompanied with the correspo iding duty of devoting it to the common good. To have framed a constitution, was shewing only, without realizing, the ge- neral happiness. This great work remained to be done ; and America, stedfast in her preference, with one voice summoned her beloved Washington, unpractised as he was in the duties of civil administration, to execute this last act in the completion of the national felicity. Obedient to her call, he assumed that high office with that self- dis- trust peculiar to his innate modesty, the constant attendant of pre-eminent virtue. What was the burst of joy, through our anxious land on this exhilerating event, is known to us all. The aged, the young, the brave, the fair, rivalled each other in demon- strations of gratitude ; and this high wrought, delightful scene was heightened in its effect, by the singubr contest between the zeal of the bestowers and the avoi.ianr.r of the receiver of the honors bestowed. Commencing his administration, what heart is not charmed with the recol- lection of the pure and wise prmciples announced by him- self, as the basis of his political life. He best understood the indissoluble union between virtue and happiness, be- tween duty and advantage, between the genuine maxims of an honest and magnanimous policy, and the solid re- wards of public prosperity and individual felicity; watch- ing widi equal and comprehensive eye over this great assem- blage of communities and interests, he laid the foundation of our national policy in the unerring, immutable princi- ples of morality, based on religion, exemplifying the pre- eminence of a free government, by all the attributes which win the afl'ections of its citizens, or command the respect :<)l the world. 340 AMERICAN Inaugural Speech of President Adams — March 4th, iT9t, Fellow-Citizns — When it was first perceived, in early times, that no middle course for America remained, be- tv/een unlimited submission to a foreign legislature, and a total independer.ce of its claims, men of reflection were less apprehensive of danger from the formidable power of fleets and armies they must determine to resist, than from those contests and dissentions which would certainly arise concerning the forms of government to be instituted over the whole and over the parts of this extensive country. Relying, however, on the purity of their mtentions, the justice of their cause, and the integrity and intelligence of the people, under an over-ruling Providence, which had so signally protected this country from the first, the repre- sentatives of this nation, then consisting of little more than half its present numbers, not only broke to pieces the chains which were forging, and the rod of iron that was lifted up, but frankly cut asunder the ties which had bound them, and launched into an ocean of uncertainty. The zeal and ardour of the people, during the revolu- tionary war, supplying the place of government, command- ed a degree of order, sufficient at least for the temporary preservation of society. The confederation, which was early felt to be necessary, was prepared from the models of the Batavian and Helvetic confederacies, the only ex- amples which remain with any detail and precision, in history, and certainly the only ones which the people at large, had ever considered. But reflecting on the striking difierence, in so many particulars, between this country and those, where a courier may go from the seat of go- vernment to the frontier in a single day, it was then cer- tainly foreseen by some who assisted in congress at the formation of it, that it could not be durable. Negligence of its regulations, inattention to its recom- mendations, if not disobedience to its authority, not only in individuals but in states, soon appeared, with their me- lancholy consequences ; universal languor, jealousies and rivalries of states ; decline of navigation and commerce ; discouragement of necessary manuJactures ; universal falf jn the value of lands and their produce j contempt of pub- SPEAKER. 3^1 lie and private faith ; loss of consideration and credit with foreign nations ; and at length, in discontents, animosities, combinations, partial conventions, and insurrection, threat- ening some great national calamity. In this dangerous crisis, the people of America were not abandoned, by their usual good sense, presence of mind, resolution or integrity. — Measures were pursued to con- cert a plan, to form a more perfect union, estabhsh justice, ensure domestic tranquillity, provide for the common de- fence, promote the general welfare, and secure the bless- ings of liberty. The public disquisitions, discussions, and deliberations issued in the present happy constitution of government. Employed in the service of niy country abroad, during the whole course of these transactions, I first saw the con- stitution of the United States in a foreign country. Irri- tated oy no literary altercation, animated by no public de- bate, heated by no party animosity, I read it with great satisfaction, as a result of good heads, prompted by good hearts ; as an experiment, better adapted to the genius, character, situation and relations of this nation and coun- try^ than any which had ever bt-en proposed or suggested. In its general principles and great outlines, it was con- formable to such a system of government, as I had ever most esteemed, and in some states, my own native state in particular, had contributed to establish. Claiming a right of suffrage, in common with my fellow-citizens, in the adoption or rejection, of a constitution which was to rule me and my posterity, as well as them and theirs, I did not hesitate to express my approbation of it, on all oc- casions, in public and in private. It was not then, nor has been since, any objection to. it, in my mind, that the execu- tive and senate were not more perinanent. Nor have I ever entertained a thought of promoting any alteration in it, but such as the people themselves, in the course of their experience should see and feel to be necessary or expe- dient, and by their representatives in congress and the state legislatures, according to the constitution itself, adopt and ordain. Returning ta the bosom of my country, after a painful separation from it, for ten years, I had the honour to be elected to a station under the new order of things, and I G G 3 342 AMERICAN have repeatedly laid myself under the most serious obli- gations to support the constitution. The operation of it has equalled the most sanguine expectations of its friends; and from an habitual attention to it, satisfaction in its ad- ministration and delight in its effects, upon the peace, or^ der, prosperity and happiness of the nation, I have acquir- ed an habitual attachment to it, and veneration for it. What other form of government indeed can so well de- serve our esteem and love ? There may be little solidity in an ancient idea, that con- gregations of men into cities and nations, are the most pleasing objects in the sight of superior intelligences ; but this is very certain, that to a benevolent human mind, there can be no spectacle presented by any nation, more pleasing, more noble, majestic or august, than an assem- bly like that which has so often been seen in this and the other chamber of congress, of a government in which the executive authority, as well as that of all the branches of the legislature, are exercised by citizens selectt^d, at regu- lar periods, by their neighbours, to make and execute laws for the general good. Can any thing essential, any thing more than mere ornament and decoration be added to this by robes or diamonds? Can authority be more amiable or respectable, when it descends from accidents, or institu- tions established in remote antiquity, than when it springs fresh from the hearts and judgments of an honest and en- lightened people ? For it is the people only that are repre- sented : it is their power and majesty that is reflected, and only for their good, in every legitimate government, under whatever form it may appear. The existence of such a government as ours, for any length of time, is a full proof of a generaldisseminationof knowledge and virtue, through- out the whole body of the people. And what object or con- sideration more pleasing than this can be presented to the. human mind I If national pride is ever justifiable or excu- sable, it is when it springs, not from power or riches, gran- deur or glory, but from conviction of national innocence, iniormation, and benevolence. In the midst of these pleasing ideas, we should be un- fauhiul to ourselves, if we should ever lose sight of the danger to our liberties, if any thing partial or extraneous should infect the purity of our free, fair, virtuous, and in- SPEAKER. 345 dependent elections. If an election is to be determined by a majority of a single vote, and that can be procured by a party, through artifice or corruption, the government may be the choice of a party, for its own ends, not of the nation, for the national good. If that solitary suffrage can be obtained by foreign nations by flattery or menaces, by fraud or violence, by terror, intrigue or venality, the gov- ernment may not be the choice of the American people^ but of foreign nations. It may be foreign nations who govern us, and not we the people, who govern ourselvesa And candid men will acknowledge, that in such cases choice would have Uttle advantage to boast of, over lot or chance. Such is the amiable and interesting system of govern- ment, and such are some of the abuses to which it may be exposed, which the people of America have exhibited to the admiration and anxiety of the wise and virtuous of all nations, for eight years, under the administration of a ci- tizen, who, by a long course of great actions, regulated by prudence, justice, temperance, and fortitude, conducting* a people, inspired with the same virtues, and animated with the same ardent patriotism and love of liberty, to in- dependence and peace, to increasing wealth and unexam- pled prosperity, has merited the gratitude of his fellojv- citizens, commanded the highest prVises o£ foreign na- tions, and secured immortal glory with posterity. In that retirement which is his voluntary choice, may he long live to enjoy the delicious recollection of his ser- vices, the gratitude of mankind; the happy fruits of them to himself and the world, which are daily increasing, and that splendid prospect of the future fortunes of his coun- try, which is opening from year to year. His name may I be still a rampart, and the knowledge that he lives a bul- wark against all open or secret enemies of his country's peace. This example has been recommended to the imitation of his successors, by both houses of congress, and by the voice of the legislatures and the people, throughout the nation. On this subject it might become me better to be silent or to speak with diffidence 5 but as something may be ex.** 344 AMERICAN pected, the occasion, I hope, will be admitted as an apolo- gy, it I venture to say, that If, a preference, upon principle, of a free republican go- vernment, formed upon long and serious reflection, after a diligent and impartial inquiry after truth ; if, an attach- ment to the constitution of the United States, and a con- scientious determination to support it, until it shall be al- tered by the judgments and wishes of the people, express- ed in the mode prescribed in it ; — if, a respectful attention to the constitutions ©f the individual states, and a constant caution and delicacy towards the state governments ; if, an equal and impartial regard to the rights, interests, hon- our, and happiness of all the states in the union, without preference or regard to a Northern or Southern, an East- ern or Western position, their various political opinions on unessential points, or their personal attachments ; if a love of virtuous men of all parties and denominations ; if a love of science and letters, and a wish to patronise every ra- tional effort to encourage schools, colleges, universities, academies, and every institution for propagating know- ledge, virtue, and religion among all classes of the people : not only for their benign infiuence on the happiness of life, in all its stages and classes, and of society in all its forms ; hut as the only means of preserving our constitution from hs natural enemies, the spirit of sophistry, the spirit of party, the spirit of intrigue, the profligacy of corruption, and the pestilence of foreign influence, which is the angel of destruction to elective governments ; if a love of equal laws, of justice and humanity, in the interior administra- tion ; if an inclination to improve agriculture, commerce and manufactures lor necessity , convenience and defence ; if a spirit of equity and humanity towards the aboriginal nations of America, and a disposition to meliorate their condition, by inclining them to be more friendly to us, and our citizens to be more friendly to them ; if .m inflexible determination to maintain peace and inviolable faith, with all nations, and that system of neutrality and impartiality among the belligerent powers of Europe, which has been adopted by this government, and so solemnly sanctioned by both houses of congress, and applauded by the legisla- tures of the states and the public opinion, until it shall be ©therwise ordamed by congress j if a personal esteem for SPEAKER. us the French nation, formed in a residence of seven years, chiefly, among them, and a sincere desire to preserve the friendship which has been so much for the honour and in- terest of both nations; if while the conscious honour and integrity of the people of America and the internal senti- ment of their own power and energies must be preserved an earnest endeavour to investigate every just cause, and remove every colourable pretence of complaint; if an in- tention to pursue, by amicable negociation, a reparation for the injuries that have been committed on the com- merce of our fellow-citizens by whatever nation ; and if success cannot be obtained, to lay the facts before the le- gislature, that they may consider, what further measures the honour and interest of the government and its consti- tuents demand ; if a resolution to do justice, as far as may depend upon me, at all times and to all nations, and main- tain peace, friendship and benevolence with all the world ', if an unshaken confidence in the honour, spirit, and re- sources of the American people, on which I have so often hazarded my all, and never been deceived ; if, elevated ideas of the high destinies of this country, and of my owq duties towards it, founded on a knowledge of the moral principles and intellectual improvements of the people, deeply engraven on my mind in early life, and not obscur- ed but exalted by experience and age ; — and with humble reverence 1 feel it to be my duty to add, if a veneration for the religion of a people, who profess and call them- selves christians, and a fixed resolution to consider a de- cent respect for Christianity, among the best recommenda- tions for the public service, can enable me, in any degree, to comply with your wishes, it shall be my strenuous en- deavour that this sagacious injunction of the t^vo houses shall not be without effect. With this gn at example before me ; with the sense and spirit, the faith and honour, the duty and interest of the same American people, pledged to support the constitu- tion of the United States, I entertain no doubt of its con- tinuance in all its energy, and my mind is prepared, with- out hesitation, to lay myself under the most solemn obli- gations to support it, to the utmost of my power. And may that Being, who is supreme over all, the pa- tron of order, the fountain of justice, and the protector, in 546 AMERICAN all ages of the world, of virtuous liberty, continue his blessing upon this nation and its government, and give it all possible success and duration, consistent with the ends of his Providence. JOHN ADAMS. Washmgton^ March Uh^ 1 797. Inaugural Speech of President Jefferson^ March 4th ^ 1801: Friends and Fellow-citizens, — Called upon to undertake the duties of the first executive office of our country, I avail myself of the presence of that portion of my fellow-citi- zens, which is here assembled, to express my grateful thanks, for the favour with which they have been please.d to look towards me ; to declare a sincere consciousness, that the task is above my talents, and that I approach it with those anxious and awful presentiments, which the greatness of the charge and the weakness of my powers, so justly inspire. A rising nation spread over a wide and fruitful land — traversing all the seas with the rich productions of their industry — engaged in commerce with nations who feel pow- er and forget right — advancing rapidly to destinies beyond the reach of mortal eye : When I contemplate these tran- scendent objects, and see the honour, the happiness, and the hopes of" this beloved country, committed to the issue and the auspices of this day, I shrink from the contempla- tion, and humble myself before the magnitude of the un- dertaking. Utterly, indeed, should I despair, did not the presence of many whom I here see, remind me that in the other high authorities provided by our constitution, I shall find resources of wisdom, of virtue, and of zeal, on which to rely under all difficulties. To you, then, gendemen, wht) are charged with the sovereign functions of legislation, and to those associated with you, I look with encouragement for that guidance and support, which may enable us to Steer with safety the vessel in which we are all embarked, amidst the conflicting elements of a troubled world. During the contest of opinion through which we have past, the animation of discussion, and of exertions, has sometimes worn an aspect which might impose on strangers, unused to think freely, and to write what they think ; but SPEAKER. 34r this being now decided by the voice of the union, announ- ced according to the rules of the constitution, all will, of course, arrange themselves under the will of the law, and unite in common efforts for the common good. All, too, will bear in mind this sacred principle— that though the will of the majority is, in all cases to prevail, that will to be rightful, must be reasonable — that the minority possess their equal rights, which equal laws must protect, and to violate would be oppression. Let us then, fellow-citizens, unite with one heart and one mind. Let us restore to so- cial intercourse, that harmony and affection without which, liberty, and even life itself, are but dreary things. And let us reflect, that having banished from our land, that re- ligious intolerance under which mankind so long bled and suffered, we have yet gained little, if we countenance a po- litical intolerance, as despotic as wicked, and capable of as bitter and bloody persecutions. During the throes and convulsions of the ancient world, — during the agonizing spasms of infuriated man, seeking, through blood and slaughter, his long-lost liberty, it was not wonderful that the agitation of the billows, should re.tch even this distant and peaceful shore — that this should be more ftlt and feared by some, and less hy others — and should divide opinions as to measures of safety. But every diflerence of opinion, is not a diff rence of principle. We have called by ditTcrent names, brethren of the same prin- ciple-. We are all republicans : we are all federalists. If there be any among us who would wish to dissolve this union, or to change its republican form, let them stand un- disturbed, as monuments of the safety with which error of opinion may be tolerated, where reason is left free to combat it. I know, indeed, that seme honest men fear a republican government catmot be strong — that this govern- ment is not strong enough. But would the honest patriot in the full tide of successful experipient, abandon a gov- ernment which has so far kept us fiee and firm, on the theoretic and visionary fear, that this government, the world's best hope, may by possibility want energy to pre- serve itself? I trust not. I believe this, on the contrary the strongest government on earth. I belifjve it the c^nly one where every man, at the call of the law, would fly to the standard of the law, and would meet invasions of the Ub AMERICAN public order, as his own personal concern. Sometimes it is said that man cannot bt trusted with the government of himself. Can he then be trusted with the government of others? Or have we found angels in the form of kings, to govern him ? Let history answer this question. Let us then with courage and confidence, pursue our own federal and republican principles— our attachment to union and representative government. Kindly separated by nature and a wide ocean from the exterminating havoc of one quarter of the globe — too high-minded to endure the degradations of the others — possessing a chosen coun- try, with room enough for our descendants to the thousandth and thousandth generation — entertaining a due sense of our equal right to the use of our own faculties — to the ac- quisitions of our own industry — to honour and confidence from our fellow-citizens ; resulting not from birth, but from our actions, and their sense of them, enlightened by a be- nign religion, professed, indeed, and practised in various forms, yet all of them inculcating honesty, truth, tempe- rance, gratitude, and the love of man — acknowledging and adoring an over-ruling Providence, which by all its dispensations, proves that it delights in the happiness of man here, and his greater happiness hereafter — with all these blessings what is more necessary to make us a pros- perous and happy people ? Still one thing more, fellow-ci- tizens, a wise and frugal government, which shall restrain men from injuring one another ; shall leave them otherwise free to regulate their own pursuits of industry and improve- ment ; and shall not take from the mouth of labour what it has earned. This is the sum of good government, and this is necessary to close the circle of our felicities. About to enter, fellow-citizens, on the exercises of du- ties which comprehend every thing dear and valuable to you, it is proper you should understand what I deem the essential principles of our government, and consequently those which ought to shape its administration. I will com- press them within the narrowest compass they will bear, stating the general priijciple, but not all its limitations. Equal and exact justice to all men, of whatever state or persuasion, religious or political — peace, commerce, and honest Irienuship with all nations — entangling alliances with none— the support of the state governments in all SPEAKER. 549 their rights, as the iiiost competent administrations for our domestic concerns, and the surest bulwarks against anti-re- publican tendencies — the preservation of the general gov- ernment in its whole constitutional vigour, as the sheet an- chor of our peace at home and safety abroad — a zealous care of the right of election by the people — a mild and safe corrective of abuses, which are lopped by the sword of revolution where peaceable remedies are unprovided — absolute acquiescence in the decisions of the majority, the vital principle of republics, from which tiiire is no «»ppea!, but to force, the vital principle and immediate parent of despotism — a well disciplined militia, our best reliance in peace and for the first moments of war, till regulars may relieve them — the supremacy of the civil over the military authority— economy in the public expense, that labour may be lightly burthened — the honest payment of our debts, and sacred preservation of public fiath — L-ncoar igement of agriculture and of commerce as its handin iid — the dif- fusion of information, and arraignment of all abuses at the bar of public reason — freedom of religion — freedom of the press — freedom of person under the protection of the habeas corpus ; and trial by juries impartially selected. These principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation. The wisdom of our sages, and blood of our heroes, have been devoted to their attain- ment. They should be the creed of our political f lith — the text of civic instruction — the touchstone by which to try the services of those we trust: and should we wander from them in the moments of error or alarm, let us hasten to retrace our steps, and to r gain the road which aione leads to peace, liberty, and safety, I repair then, fellow-citizens, to the post you have as- signed me, with experience enough in subordinate offices, to have seen the difficulties of this, the gre.itest of ail ; I have learned to expect that it will rarely fall to the lot of imperfect man, to retire from this station with the reputa- tion and the favour which bring him into it. VVitnout pre- tensions to that high confidence you reposed in our Hrst and greatest revolutionary character, whose pre-eminent services had entitled him to the first place in his cuunirv's love, and destined for him the fairest page in the volamf H H 350 AMERICAN of faithful history, I ask so much confidence only, as may give firmness and effect to the legal administration of your affairs. I shall often go wrong, through defect of judgment. When right, I shall often be thought wrong, by those whose positions will not command a view of the whole ground. I ask your indulgence for my own errors, which will never be intentional : and your support against the errors of others, who may condemn what they would not, if seen in all its parts. The approbation implied by your suffrage is a great consolation to me for the past : and my future solicitude will be, to retain the good opinion of those who have be- stowed it in advance, to conciliate that of others by doing them all the good in my power, and to be instrumental to the happiness and freedom of all. Relying then on the patronage of your good will, I ad- vance with obedience to the work, ready to retire from it whenever ) ou become sensible how much better choices it is in your power to make. And may that Infinite Power which rules the destinies of the Universe, lead our coun- cils to what is best and give them a favourable issue for your peace and prosperity. TH: JEFFERSON. Washington, March 4th, 1801. Inaugural Speech of Presidmt Madison — March 4th, 1809. Fellow-Citizens, — Unwilling to depart from examples, of the most revered authority, I avail myself of the occa- sion now presented, to express the profound impression made on me, by the call of my country to the station, to the duties of which I am about to pledge myself, by the most solemn of sanctir ns. So distinguished a mark of confidence proceeding Irom the deliberate and tranquil suffrage of a free and virtuous nation, would, under any circumstances, command my gratitude and devotion — as well as fill me with an awful sense of the trust to be as- sumed. Under the various circumstances which give pe- culiar solemnity to the existing period, I feel that both the honour and the responsibility allotted to me, are inexpres- sibly enhanced* SPEAKER. 351 The present situation of the world is indeed without a parallel, and that of our own country full of difficulties. Th:- pressure of these too, is the more severely felt, because they have fallen upon us at a moment, when national pros- perity being at a height not before attained, the contrast resuming from the change has been rendered the more strikii*>g. Under the benign influence of our republican institutions, and the maintenance of peace with all nations, whilst so many of them were engaged in bloody and waste- ful wars, the fruits of a just policy were enjoyed in an un- rivalled growth of our faculties and resources. Proofs of this were seen in the improvements of agriculture ; in the successful enterprises of commerce; in the progress of manufactures and useful arts ; in the increase of the pub- lic revenue, and the use made of it in reducing the public debt, and in the valuable works and establishments every where multiplying over the face of our land. It is a precious reflection that the transition from this prosperous condition of our country to the scene which has for some time been distressing us, is not chargeable on any unwarrantable views, nor, as I trust, on any invo- luntary errors, in the public councils. Indulging no pas- sions which trespass on the rights or the repose of other na- tions, it has been the true glory of the United States to cultivate peace by observing justice, and to entitle them- selves to the respect of the nations at war, by fulfilling their neutral obligations, with the most scrupulous impar- tiality. If there be candor in the world, the truth of these assertions will not be questioned, Posterity at least will do justice to them. This unexceptionable course could not avail against the injustice and violence of the belligerent powers. In their rage against each other, or impelled by more direct motives, principles of retaliation have been introduced, equally con- trary to universal reason and acknowledged law. How long tlieir arbitrary edicts, will be continued in spite of the demonstrations that not even a pretext for them ha^ been given by the United States, and of the fair and liberal at- tempts to induce a relocation of them, cannot be anticipa- ted. Assuring myself ihat, under every vicissitude, the detitrmined spirit and united councils of the nation will be safeguards to its honor and its essential interests, I re- 352 AMERICAN pr.ir to the post assigned me, with no other discourage- ment tha. vvhct springs from my own inadequacy to its high di.ties. It I do not sink under the weight of this de< J) conviction, it is because I find some support in a con- sciousness of the purnt^ses, and a confidence in the princi- ples, which I bring with me into this arduous service. To cherish peace and friendly intercourse with all na- tions, having correspondent dispositions; to maintain sin- cere- neutrality towarus bellig- rent nations; to pre ft r, in aii cases, amicable discussions and reasonable accommoda- tions of diflfertnces, to a decision of them by an appeal to arms ; to exclude foreign intrigues and foreign partialities, so degrading to all countries and so baneful to free ones ; to foster a spirit of independ-nce, too just to invade the rights of others ; too proud to surrender our own ; too libe- ral to indulge unworihj^ prejudices ourselves ; and too ele- vated not to look down upon them in t)thers ; to hold the union of the states as the basis of their peace and happi- ness ; to support the constitution which is the cement of the union, as well in its limitations, as in its authorities ; to respect the rights and authorities reserved to the states imd to the people, as equally incorporated with, and essen- tial to the success of the general system ; and to avoid the slightest interference with the rights of conscience, or the functions of religion so wisely exempted from civil jurisdic- tion ; to preserve to their full energ)- the other salutary pro- visions in behalf of private and personal rights, and of the freedom of the press ; to observe economy in public expen- ditures ; to liberate the public resources by an honourable discharge of the public debts ; to keep within the requisite limits a standing military force, always remembering that an armed and trained mihtia is the firmest bulwark of repub- lican governments, that without standing armies their liber- ty can never be in danger; nor, with large ones, safe ; to promote by authorized means improvements friendly to agriculture, and to external, as well as internal commerce ; to favour, in like manner the advancement of science and the diffusion of information^ as the best aliment to true liberty; to carry on the benevolent plans vhich has been so meritoriously applied to the conversion of our aborigi- nal neighbours from the degradation and wretchedness <^f savage life to a participation of the improvements of which SPEAKER. 253 the human mind and manners are susceptible in a civihzed state. As far as sentiments and intentions such as these can aid the fulfilment of my duty, they will be a resource which cannot fail me. It is my good fortune moreover to have the p:Uh in which I am to tread lighted by examples of illustrious ser- vices, successfully rendered in the most trying difficulties by those who have marched before me. Of those of my im mediate predecessor, it might least become me here to speak — I may however be pardoned for not suppressing the sympathy with which my heart is full, in the rich re- ward he enjoys in the benediction of a beloved country, gratefully bestowed for exnited talents, zealously devoted through a long career, to the advancemc;nt of its highest interest and happiness. — But the source to which I look for the aids, which alone can supply my deficiencies, is in the well tried intelligence and virtvte of my fellow-citi- zens and in the care of the national interest. In these my confidence will, under every difficulty, be best placed, next to thca which we have all been encouraged to feel in the guardianship and guidance of that Almi.hty Being, whose ppwer regulates the destiny of nations — whose blessings have been so conspicuously dispensed to this rising repub- lic, and to whom we are bound to address our devout gra- titude for the past, as well as our fervent supplications andl best hopes for the future. JAMES MADISON, Washington^ March Athy 1809^ Extract from Mr, Ameses Speech on the British Treali/* If any, should maintain that the peace with the Indians will lie stabh with(ujt the Posts, to them I will urge ano^ ther repl\. From arguments calculated to produce convic- tion, 1 will appeal directly to th» hv-arts of those who hear me, and ask whether it is not already planted there ? I re- sort especially to the convictions of the western gentlemeng. whether, supposing no posts and no treaty, the settlers will remain in security I Can they take it upon theiiv to say, that an Indian peace under these circumstances, will prove firm I No^ sir^ it will not be peace bvi^, ?, ^wordf i=: H k2^ 254 AMERICAN will be no belter than a lure to draw victims withm the reach of the tomahawk. On this theme, my emotions are unutterable. If I could find words for them, if my powers bore any pro- portion to m\ Zral, I would swell my voice to such a note of renionstranct , it should reach every log-house beyond the mountains. I would say to the inhabitants, wake from your false security. Your cruel dangers, your more cruel apprehensions ar^ soon to be renewed : The wounds, yet unUtaltd, are to be torn open again. In the day time, your path through the woods will be ambushed. The darkness of m dnightwill glitter with the blaze of your dwellings. You are a father — the blood of your sons shall fatten your corn-field. You are a mother — the war whoop shall wake- the sleep of the cradle. On this subject you need not suspect any deception on your feelings. It is a spectacle of horror which cannot be overdri'wn. If you have nature in your hearts, they will speak a language compared with which all I have said or can say, will be poor and frigid. Will it be whispered that the treaty has made me anew i:hampion for the protection o^ the frontiers ; it is knowji th. I « v voice as well as vote has been uniformly given in cor fi.rnnt) with the ideas I have expressed. Protection is the ight oi the frontiers ; it is our duly to give it. V\ bo will accuse me of wandering out of the subject? Wl o will say that I cx;iggerate the tendencies of our mea- sure ?> r Will ny one iinswer by a sneer, that all this is idle prri.ching I Would any one deny that we .;re bound, and I vouio hope to good purpose, by he most solemn sanctions of duty for the vote we give ? Are despots alone to be re- proached for unfeeling indifference to the tears and blood f i-hiir subjects? Are republicans unrt sponsible ! Have the priiiciples on which you ground the r- proach upon cabi- Dtts and kings no practicable influence, no binding force ? Are thty merely themes of idle declamation, introduced to decorate the morality of a newspaper essay, or to furnish pretty topics of harangue from the windows of that state house? I trust it is neither too presumptuous nor too late Tc* ask. Can you put the dearest interest of society at risk, ivithout guilt, and without remorse ? SPEAKER. 505^ It is vain to offer as an excuse, that public men are not to be reproached for the evils that may happen to ensue from their measures. This is very true, where they are unforeseen or inevitable. Those I have depicted are not unforeseen ; they are so far from inevitable, we are going to bring them into being by our vote. We choose the con- sequences, and become as justly answerable for them as for the measure that we know will produce them. By rejecting the posts, we light the savage fires, we bind the victims. This day we undertake to render account to the widows and orphans whom our decision will m.)ke, to the wretches that will be roasted at the stake, to our coun- try, and I do not derm it too serious to say, to conscience and to God. We are answerable ; and if duty be any thing more than a word of imposture, if conscience be not a lougbear, we are preparing to make ourselves as wretch- ed as our country. There is no mistake in this case, there can be none. — Experience has JiVeady been the prophet of events, and the ;.ries of our future- victims have already reached us. The western i( h »bit mts are not a silent and uncomplain- ing sacrifice. The voice of humanity issues from the shade of the wilderness. It exclaims, that while one hand is held up to reject this treaty, the other grasps a tomahawk. It summons our imagination to the scenes that will open. It is no great effort of the imagination to conceive that events so near are already be^un. I can fancy that I listen to the yells of savage vengeance, and the shrieks of torture. A ready they seem to sigh in the west wind ; already they mingle with every echo from the mountains. BURR AND BLENNERHASSEET. F.xtractfrom the Speech of Mr. Wirt on the trial of Aaron Burr for High Treason* A plain man who knew nothing of the curious transmu- tations which the wit of man can work, would be very apt to wonder by what kind ol legerdemain Aaron Burr had contrived to shuffle himself down to the bottom of the 3J6 AMERICAN pack as an accessory, and turn up poor Blennerhassett as principal in this treason. It is an honor, I dare say, for which Mr, Blennt rhassett is by no means anxious ; one which, he has never disputed with colonel Burr, and which I am persuaded, he would be as little inclined to dispute on this occasion, as on any other. Since, however, the modesty of colonrl Burr declines the first rank, and seems disposed to force Mr. Blennerhassett mto it in spite of his hlusht s, let us compare the cases of the two men and settle this question of precedence between them. It mav save a good deal of troublesome ceremony hereafter. In m.^king this comparison, sir, I shall speak of the two men and of the part they bore as I believe it to exist and to be substantially capable of proof: although the court has already told us, that as this is a motion to exclude all evidence, generally, we have a right, in resisting it, to sup- pose the evidence which is behind, strong enough to prove any thing and every thing compatible with the fact of Burr's ab'-ence from the isLmd. If it will be more agreea- ble to the feelings of the prisoner to consider the parallel which I m about to run, or rather the contrast which I am about to exhibit, as a fiction, he is at liberty to do so j I Leiieve it to be a fat. Who then is Aaron Burr, and what the part which he has borne in this transaction ? He is its author; its pro- jei tor ; its active executor. Bold, ard nt, restless and as- piring, his brain cone ivid it; his h nd brought it into ac- tion. Beginning his (operations in N vv York, he associ- ates with him, men whose wealth ;s to supply the nect.s- Si r\ lunds. Possessed of the main spring, his personal labour contrives nil the machinery. Pervading the conti- nent from Nt w York to New-Orleans, he draws into his plan b\ every allurement which he can contrive, men of all ranks, and all descriptions. To ycuthlul ardour he presents danger and glory ; to ambition, rank and titles and honors ; to avarice the mines of Mexico. To e:tch person whom he addr. sses, he presents the object adapted to his taste : his recruiting officers are appointed ; men are engaged throughout the continent ; civil life is indeed quiet upon its surface ; but in Us bosom this man has con- trived to deposit the m teri.ds which, with the slightest touch of his match produces an explosion to shake the con- SPEAKER. 3B7 Wnent. All this his restless ambition has contrived ; and in the autumn of 1806, he goes forth for the last time, to apply this match. — On this excursion he meets with Blen- nerhassett Who is Blennerhassett ? A native of Ireland, a man of letters, who fled from the storms of his own country to find quiet in ours. His history shews that war is not the natural element of his mind; if it had been, he would never have exchanged Ireland for America. So far is an army from furnishing the society natural and proper to Mr. Blennerhassett's character, that on his arrival in Ame- rica, he retired even from the population of the Atlantic states, and sought quiet and solitude in the bosom of our Western forests. But he carried with him taste and science and wealth ; and " lo, the desert smiled." Possessing himself of a beautiful island in the Ohio, he rears upon it a palace and decorates it with every romantic embellish- ment of fancy. A shrubbery that Shenstone might have envied, blooms around him; music that might have charm- ed Calypso and her nymphs, is his ; an extensive library spreads its treasures before him ; a philosophical apparatus offers to him all the secrets and mysteries of nature ; p. ace, tranquillity and innocence shed their mingled delights around him ; and to crown the enchantment of the scene, a wife, who is said to be lovely even beyond her sex, and graced with every accomplishment that can render it irre- sistible, had blessed him with her love, and made him the father of her children. The evidence VfowXd convince you, sir, that this is but a faint picture of the real life. Ik\ the midst of all this peace, this innocence, and this tranquilli- ty, this feast of the mind, this pure banquet of the heart-— the destroyer conies — he comes to turn this paradise into a hell — yet the flowers do not wither at his approach and no monitory shuddering through the bosom of their unfor- tunate possessor, warns him of the ruin that is coming up- on him. A stranger presents hin.self. Introduced to their civilities by the high rank Nvhi(h he had lately held in his country, he soon fmds his way to their hearts by the dig- nUy and elegance of his demeanor, the light and beauty of his conversation, and the seductive and fascinating power of his address. The conquest was not a difficult one. Innocence is ever simple and credulous ; conscious 35S AMERICAN of no designs itself, it suspects none in others ; it wears no guards before its breast ; every door and portal and avenue of the heart is thrown open, and all who choose it enter. Such was the state of Eden, when the serpent entered its bowers. The prisoner in a more engaging form, winding himself into the open and unpractised heart of the unfortunate Blennerhassett, found but little difficul- ty in changing the native character of that heart and the objects of its affection. By degrees he infuses into it the poison of his own ambition ; he breathes into it the fire of his own courage; a daring and a desperate thirst for glo- ry ; an ardour panting for all the storm and bustle and hurricane of life. In a short time the whole man is chang- ed, and ever} object of his former delight relinquished. No more he enjoys the tranquil scene : it has become flat and insipid to his taste : his books are abandoned : his re- tort and crucible are thrown aside : his shrubbery blooms and breaths its fragranca upon the air in vain — he likes it not: his ear no longer drinks the rich melody of music ; it longs for the trumpet's clangor, and the cannon's roar ; even the prattle of his babes, once so sweet, no longer af- fects him ; and the angel smile of his wife, which hitherto touched his bosom with ecstacy so unspeakable, is now unfelt and unseen. Greater objects have taken possession of his soul— his imagination has been dazzled by visions of diadems, and stars and garters and titles of nobility : he has been taught to burn with restless emulation at the names of Cromwell, Csesar, and Buonaparte. His en- chanted island is destined soon to relapse into a desert ; and in a few months, we find the tender and beautiful partner of his bosom, whom he lately " permitted not the winds of" summer *' to visit too roughly" we find her shivering, at midnight, on the winter banks of the Ohio, and minglmg her tears with the torrents that froze as they fell. Yet this unfortunate man, thus deluded from his in- terest and h.s happiness — thus seduced from the paths of innocence and peace — thus confounded in the toils which were deliberately spread for him, and overwhelmed by the mastering spirit and genius of another — this man, thus ruined and undone, and made to play a subordinate part in this grand drama of guilt and treason — this man is to be called the principle offender; while he, by whOin he I SPEAKER. 5S9 was thus plunged and steeped in misery, is comparatively innocent — a mere accessory. Sir, neither the human heart nor the human understanding will bear a perversion so monstrous and absurd ; so shocking to the soul ; so revolt- ing to reason. O ! no Sir. There is no man who knows any thing of this affair, who does not know that to every body concerned in it, Aaron Burr was as the sun to the planets which surround him ; he bound them in their respective orbits, and gave them their light, their heat and their mo- tion. Let him not then shrink from the high destination which he has courted ; and having already ruined Blen- nerhassett in fortune, character and happiness forever, at- tempt to finish the tragedy by thrusting that ill-fated man between himself and punishment. Extract from a?i Oration delivered by Richard Rush Esqr, at Wash'mgton City^ July Mh^ 1812. The seizure of the persons of American citizens under the name and the pretexts of impressment, by the naval of- ficers of Great Britain, is an outrage of that kind which makes it difficult to speak of it m t rms of appropriate des- crip jon ; for this, among other reasons, that the offence it- self is new. It is probable that the most ci^reful research- es into history, where indeed of almost every form of ra- pine between men and between nations is to be found the melancholy record, will yet afford no example of the sys- tematic perpetration of an offence of a similar nature, per- petrated, too, undrr a claim of right. To take a just and no other than a serious illustration, the only parallel to it is to be found in the African slave trade ; and if an emi- nent statesman of England once spoke of the latter, as the greatest practical evil that had ever affl cted mankind, we may be allowed to denominate the former ihe greatest practical offence that has ever been offered to a civilized and mdependent state. Under a mere personal view of this outrage, and con- sid ring it on the footing of a moral sin, it is strictly like the African slave trade. Like that it breaks up fami ies and causes hearts lo bleed. Like that it tears th. son irom the father, the father from the son. Like that it tnakes 360 AMERICAN orphans and widows, takes the brother from the sister, seizes up the young man in the heaUh of his days and blasts his hopes forever. It is worse than the slavery of the African, for the African is only made to work under the lash of a task master, whereas the citizen of the Unit- ed States, thus enslaved, receives also the lash on the slightest lapses from a rigorous discipline, and is more- over exposed to the bitter fate of fighting against those to- wards whom he has no hostility, perhaps his own coun- trymen — it may be, his own immediate kindred. This is not exaggeration, feilovv-citizens, it is reality and fact. But, say the British, we want not your men ; we want only our own. Prove that they are yours and we will surrender them up. Baser outrage ! insolent indignity ! that a free born American must be made to prove his na- tivity to those who have previouly violated his liberty, else he is to be held forever as a slave ! That before a British tribunal — a British boarding officer — a free-born American must be made to seal up the vouchers of his lineage, to exhibit the records of his baptism and his birth, to establish the identity that binds him to his pa- rents, to his blood, to his native land, by setting forth in odious detail his size, his age, the shape of his frame, whether his hair is long or crept — his marks — like an ox or a horse of the monger — that all this must be done as the condition of his escape from the galling thraldom of a British ship! Can we hear it, can we think of it, with any other than indignant feelings at our tarnished name and nation ? And suppose through this degrading pro- cess his deliverance to be effected, where is he to seek re- dress for the intermediate wrong t The unauthorised sci- sure and detention ot any piece of property, a mere tres- pass upon goods, will always lay the foundation for some, often the heaviest retribution, in every well-regulated so- ciety. But to whom, or when, shall our imprisoned ci- tizen, when the privilege of shaking off his fetters has at last been accorded to him, turn for his redress ? where look to rrimburse the stripes, perhaps the wounds he has received — his worn spirit — his long inward agonies ? No, the public > ode of nations recognizes not the penalty, for to the modern rapuciousness of Britain it was reserved to SPEAKER. 3.61 add to the dark catalogue of human sufferings, this flagi- tious crime. But why be told that, even on such proofs, our citizens will be released from their captivity ? We have long and sorely experienced the impracticable nature of this boon, which, in the imagined relaxation of her deep injustice, she would affect to hold out. Go to the office of the De- partment of State, within sight of where we are assem- bled, and there see the piles of certificates and documents, of affidavits, records and seals, anxiously drawn out and folded up — to show why Americans should not be held as slaves — and see how diey rest, and will forever rest, in hopeless neglect upon the shelves. Some defect in form, some impossibility of filling up all the crevices which Bri- tish exaction insists upon being closed ; the uncertainty, if, after all, they will ever reach their point of destination., the climate or the sea where the hopes of gain or the lust of conquest are impelling, through constant changes, their ships ; the probability that the miserable individual to whom they are intended as the harbinger of liberation from his shackles, may have been translated from the first scene of his incarceration to another, from a seventy-four to a sixty-four, from a sixty-four to a frigate, and thus through rapid, if not designed, mutations, a practice which is known to exist — these are obvious causes of dis- couriigement, by making the issue at all times doubtful, most frequently hopeless. And this Great Britain cannot but know. She does know it, and, v/ith deliberate niockeryj in the composure with which bloated power can scoff at submissive and humble suffering, has she continued to in- crease and protract our humiliation as well as our suffer- ing, by renewals of the visionary offer. Again it is said, that our citizens resemble their men, look like them in their persons, speak the same language, that discriminations are difficult ind impracticable, and therefore it is they are unavoidably seized. Most insult- ing excuse ! And will they impeach that God who equal- ly made us both ? who forms our features, moulds our statures and stamps us with a countenance that turns up to his goodness in adoration and love ! Impious as w, .; as insulting ! The leopard cannot change his spois or th • E- thiopian his skin, but xvey ive^ are to put off our bodies I I 562 AMERICAN and become unlike ourselves as the price of our safety ! Why should similarity of face yoke us exclusively with an Ignominious burden ? why, because we were once descend- ed from them, should we be made at this day, and forev- er, to clank chains ? Suppose one of their subjects landed upon our shores — let us suppose him a prince of their blood — shall we seize upon him to mend our highways, shall we draft hbn for our ranks ? shall we subject him in an instant to all the civil burthens of duty, of taxation, of every species of aid and service that grow out of the alle- giance of the citizen, until he can send across the ocean for the registers of his family and birth ? What has her foul spirit of impressment to answer to this ? Why not e- qually demand on our part that every one of her factors who lands upon our soil should bring a protection in his pocket, or hang one round his neck, as the price of his safety ? If this plea of monstrous outrage be, only for one instant, admitted, remember, fellow citizens, that it be- comes as lasting as monstrous. If our children, and our children's children, and their children, continue to spe^k the same tongue, to hold the same port with their fathers, they also will be liable to this enslavement, and the groan- ing evil be co-existent with British power, British rapa- city, and the maxim that the British navy must have wen ! If our men are like theirs, it should form, to any other than a nation callous to justice, dead to the moral sense, and deliberately bent upon plunder, the very reason why they should give up the practice, seeing that it is in- trinsically liable to these mistakes, and that the exercise of what they call a right on their part necessarily brings with it certain, eternal, and the most high-handed wrongs to us. I am a Roman citizen, I am a Roman citizen ! was an exclamation that insured safety, commanded respect, or inspired terror in all parts ol the world. And although the mild temper of our government exacts not all these attributes, we may, at least, be suffered to deplore with hearts of agouy and shame, that while the inhabitants of every other part of the globe enjoy an immunity from the seizure of their peibt^ns, except under the late of war, or by acknov.'iedged pir.ius — even ihe wretched Africans of late-— to be an American citizen has, for five and twenty SPEAKER. 363 years, been the signal for insult and the passport to capti- ty. Let it not be replied that the men they take from us are sometimes not of a character or description to attract the concern or interposition of the government. If they were all so^ it lessens in no wise the enormity of the out- rage. It adds indeed a fresh indignity to nention it. The sublime equalitv of justice recognizes no such distinctions, and a government founded upon the great basis of equal right, would forget one of its fundamental duties, if in the exercise of its protecting: power it admits to a foreign na- tion the least distinction between what it owes to the low- est and meanest, and the highest and most exalted of its citizens. Sometimes it is said that but Jeiv of our seamen are in reality seized ! Progressive and foul aggravation ! to ad- mit the crime to our faces and seek to screen its atrocity under its limited extent. Whence but from a source hard- ened with long rapine, could such a palliation flow ? It is false. The files of that same department, its melancholy memorials, attest that there are thousands of our country- men at this moment in slavery in their ships. And if there were but one hundred, if there were but fifty, if there were but ten — if there were but one, how dare they insult a sovereign nation with such an answer ? Shall 1 state to you a fact, ftUow-citizens, that will be sufficient to rouse not simply your indignation, but your horror, and would that I could speak it at this moment to the whole nation., that every American who has a heart to be inflamed with honest resentment might hear ; — a fact that shows all the excess of shame that should flush our faces at submission to an outrage so foul. I state to you, upon the highest and most unquestionable authority, that two of the nephews of your immortal Washington have been seized, dragged, made slaves of on board of a British ship ! Will it be cre- dited ? It is nevertheless true. They were kept in slave- ry more than a year, and as the transactions of your go- vernment will show, were restored to their liberty only a few months since.* How, Americans, can you sit down * They were the sons of the late Fielding- Lewis, of Virg-inia, who was imme.hate nephew to General Washington: for all which see llie papers on file in llie oiEce of the Secretary, of StiUe. 564 AMERICAN under such indigrjities ? To which of their priaces, which of their nobles, to which of their ministers or which of their regents, will you allow, in the just pride of men and of freemen, that those who stand in consanguinity to the illustrious founder of your liberties, are second in all their claims to safety and protection ? But we must leave the odious subject. It swells indeed with ever fruitful ex- pansion, to the indignant view, but while it animates it is loathsome. If the English say it is mertly an abuse inci- dent to a right on their part, besides denying forever the foundation of such right where it goes to the presumptuous entry of our own vessels with their armed men, shall we tolerate its exercise for an instant when manifestly attend- ed with such a practical, unceasing, and enormous oppres- sion upon ourselves ? This crime of impressment may justly be considered — posterity will so consider it — as transcending the amount of all the other wrongs we have received. Notwithstand- ing the millions v/hich the cupidity of Britain has wrested from us, the millions which the cupidity of France has v>' rested from us, including the wicked burnings of our ^hips — adding also the wrongs from Spain and Denmark — fhe sum of all should be estimated below this enormity. Ships and merchandise belong to individuals, and may be valued ; may be endured as subjects of negotiation. But mc7i are the property of the nation. In every Ameri- can face a part of our country's sovereignty is written. It is the living emblem — a thousand times more sacred than the nation's flag itself — of its character, its independence Lind its rights — its quick and most dearly cherished insig- nium — towards which the nation should ever demand the most scrupulous and inviolable immunity, being instantly sensitive under the flagrant indignity of the slightest in- fringement of its beaming, vivid, attributes of sovereign- ty ! Man was created in his Maker's own image — " in the image of God created he him." When he is made a slave, where shall there be reimbursement? No, fellow-citizens, under the assistance and protection of the Most High, the evil must be stopped. His own im.age must not be enslaved. It was deservedly the first enumerated of our grievances in the late solemn message from the first magistrate of our land ; on the eighteenth of June of this memorable SPEAKER. ' 36^ year we appealed to the sword and to Heaven against it, and we shall be wanting to ourselves, to our posterit\ — we shall never stand erect in our sovereignty as a nation if we re- turn it to the scabbard until such an infamy and a curse are finally and effectually removed. The blessings of peace itself become a curse, a foul curse, while such a stain is permitted to rest upon our annals, Neve-r, henceforth, must American ships be converted mto worse than butch- er*s shambles for the inspection and seizure of human flesh ! We would appeal to the justice and humanity of their own statesmen, claim the interference of ther Wil- berforces — invoke the spirit of th. ir departed Fox — call upon all among diem who nobly succeeded in th ir l(jng struggles against the African slave trade, to stand up and retrieve the British name from the equal odium of this offence. If it be true that injuries long acquiesced in lose the power of exciting sensibility, it may be remarked, in con- clusion of this Kiteful subject how forcibly verified it is in the instance of robbing us of our citiscns. When it hap- pens that some of them are surrendered up, c?i examma- thn and allowance of the proofs^ it is not unusual to advert ta ii as an indication of the justice and generosity of the Bri- tish ! The very act, which, to an abstract judgment, should l)e taken as stamping a seal upon the outrage, by the ac- knowledgment it implies from themselves of the atrocity, because the unhnvfulness of the seizure, is thus converted into a medium of homage and of praise ! Inverted patriot- ism ! drooping, downcctst honor! to derive a pleasurable sensation from the insulting confession of a crime ! Next to a just war, fellow-citizens, we wage a defensive one. This is its true and only character. Our fields were not, indeed, invaded, or our towns entered and sacked* But still it is purely a war of defence. It was to stop re- iterated encroachments we took up arms. Persons, pro- perty, rights, character, sovereignty, justice, all these were contumaciously invaded at our hands. Let impartial truth say, if it were for ambition, or conquest, or plunder, or through any false estimate of character, or pride vfe ap- pealecl to the sword. No, Americans ! No ! Republicans,, there will rest no such blot upon your moderate, your pa- cific councils. It is an imperfect view of this c^uestitosa 1 J 2 366 AMERICAN which takes as a defensive war, only that v/hlch is entered upon when the assailant is bursting through your doors and levelling the musket at the bosoms of your women and children. Think how a nation may he abridged, may be- disnuuitled of its rights, may be cut down in its liber- ties, this side of an open attack. The Athenian law pu- nished seduction of female honor more severely than it did force. And the nation that would adopt it as a max- im to lie by under whatever curtailments of its sove- reignty, resolving upon no resistance until the actual in- vestment of its soil, might find itself too fatally trenched upon, too exhausted in resources, or too enfeebled in spirit, to rouse itself when the foe was rushing through the gates. The war whoop of the Indian had indeed been heard in the habitations of our frontier; and it is impossible to abstain from imputing to the agency of our enemy this horrid species of invasion. Their hand must be in it. For although it may not be directly instigated by thtir govern- ment on the other side of the water, yet past prools make It to the last degree probable that the intrigues of their sub-agents in the Canadas are instrumental to the wicked- ness. Nor will a rational mind hesitate to infer that the same spirit which, from that quarter at least, could send, for the most nefarious purposes, a polished spy through our cities, would also, varying the form of its iniquity, let loose upon us the hatchet and the scalping knife. Great Britain indeed had not declared war against us in fcrm^ but she had made it upon us infact^ She had plun- dered us of our property, she had imprisoned our citi- zens ; nor can any accommodation nov/ erase from our memories, although it may from our public discussions, the bloodv iriemcrials of her attack upon the Chesapeake- Since, fellow-citizens, that through all these motives a war v;ith Britain has been cast upon us, while bearing up against whatever of pressure it may bring with the energy and the hope of our fathers, let us deduce also this of con^ folation ; that it will, more than any thing else, have a ten dcncv to break the sway which that nation is enabled to liokl over us. I v/ould address myself on this point to the candid mKids of our countrymen, and to all such among them as have bosoms penetrated v/ith a genuine love for our republican systems. We form, probably for the firs* SPEAKER. 367 time in all history, the instance of a nation descended, and politically detached from another, but still keeping up the most intimate connexions with the original and once pa- rent stock. The similarity of our manners and customs; our language being one, and our religion nearly one ; the entire identity in individual appearance, and in all things else, which is spread before the American and the Eng- lish eye; our boundless social intercommunication; the very personal respectability, in so many instances, of those of that nation who, in such numbers, come to this ; pecu- niary connexions so universal and unlimited ; dependent upon her loom, dependent upon her fashions, dependent upon her judicature, dependent upon her drama — reading none but her books, or scarcely any others; taking up her character and actions chiefly at the hands of her own an- nalists or panegyrists ; nothing in fine that comes from that quarter being regarded as foreign, but as well her in- habitants as her modes of life and all her usagt s, being taken to be as of our own — these complicated similitudes operate like cramps and holdings to bind us insensibly to her sides, yielding to her an easy, an increasing, and an unsuspected ascendenc}'. It may be said this is an advantageous ascendency ; that as a young people, we may profit of the Intimacy, have her arts and her manners, copy her many melic^rations of ex- isteiice, eat of her intellectual fod and get stamina the more quickly upon its nourishment. But stop Ameri- cans ! do you not know that this same people are the sub- jects of an old and luxurious monarchy, with all the cor- rupt attachments to which it leads; that if not their duty, it is naturally their practice to breathe the praise and in- culcate the love of their own forms of polity. Do you not know, that if not the correlative dutv, it is, as certainly, their correlative practice, to deal out disapprobation, even contempt for our own, and the habits which alone they should superinduce? And is there not cause for apprehen- sion that the superiority which we so easily, often so slav- ishly, choose tj yield her on all other points — that the mo- ral prostration in which we consent to fall before her foot- 3tool — may also trench upon the reverence due to our own public institutions, producing results at which all our fears should startle ? If, fellow-citizens, our freedom, our repub- 368 AMERICAN lican freedom, which, to make lasting, we should cherish with uninterrupted constancy and the purt'st love, has a foe more deadly than any other, it is probably this ; this is the destroying spirit which can make its way slowly and unperceived, but surely and fatally. If we stood farther ofl" — much farther off — from Britain, we should still be near enough to derive all that she has valuable, while we should be more safe from the poison of her political touch. Just as, at this day, we can draw upon the repositories of genius and literature among the ancients, while we escape the vices of paganism and the errors of their misleading philosophy. But if Athenian citizens filled our towns; if we spoktt their language, wore their dress, took them to our homes ; if we kept looking up to them with general imitfition and subserviency, the truths of Christianity themselves would be in danger of yielding to the adora- tion of the false gods! This wiir may produce, auspiciously and forever the effect of throwmg us at a safer distance from so contami- nating an intimacy, making our liberty thrive more se- curely, and ourselves more independent — privately and politically. Froiu no other nation are we in danger in the same way ; for, with no other nation have we the same affinities, but, on the contrary, numerous points of repul- sion that interpose as our guard. Let us have a shy con- nexicm with them all, for history gives the admonition, that for the last twenty years, every nation of the world that has come too close in friendship with either our pre- sent en<.m}-, or her neighbour, the ferocious giant of the land, has lost its liberties, been prostrated, or been ravag- ed. After the war of our revolution, we ^vere still so much in the feebleness of youth as to take the out- stretched hand of Britain, who could establish our in- dustry, shape our occupations, and give them, involunta- rily to ourselves, the direction advantageous to her views. But, henceforth, we shall stand upon a pedestal whose base is fixed among ourselves, whence we may proudly look around and afar — from the ocean to the mountains, from the mountains to the farthest west, beholding our fruitful fields, listening to the hammer of our work-shops, the cheerful noise of our looms: — where the view, on all sides, of native numbers, opulence and skill, will enable SPEAKER. 3(59 us to stamp more at pleasure the future destinies of our happy land. Possibly, also, the sameness of our pursuits in so many things, with Britain, instead of pointing to close connexions with her, as her politicians so steadily hold up, will at length indicate to the foresight of our own statesmen unalteuable reasons to an intercourse more re- strained — it may be the elements of a lasting rivalship. Animated by all the motives which demand and justify this contest, let us advance to it with resolute and high beating hearts, supported by the devotion to our beloved country, which wishes for her triumphs cannot fail to kin- dle. Dear to us is this beloved country, far dearer than we can express, for all the true blessings that flourish within her bosom ; the country of our fathers, the country of our children, the scene of our dearest affections — whose rights and liberties have been const crated by the blood whose current runs so fresh in our own veins. Who shall touch such a country, and not fire the patriotism and unsheath the swords of us all? No, Americans ! while you reserve your independent privilege of rendering, at all times, your suffrages as you please, let our proud foe be undeceived. Let her, let tht world learn, now and for- ever, that the voice of our nation, when once legitimately expressed, is holy — is imperious! that it is a summons of duty to every citizen ; that v/hen we strike at a foreign foe, the sacred bond of country becomes the pledge of a concentrated effort ; that in such a cause, and at such a crisis, we feel but one heart and strike with our whole strength ! We are the only nation in the world, fellow-citi- zens, where the people and the government stand, in all things, identified; where all the acts of the latter are im- mediately submitted to the superior revision of the for- mer; where every blow at the general safety becomes the personal concern of each individual. Happy people, hap- py government! will you give up, will 3 ou not defend, such blessings ? We are also perhaps the only genuine re- public which, since the days of the ancients, has taken up arms against a foreign foe in defence of its rights and its liberties. Animating thought ! warmed with the fire of ancient freedom, may we not expect to see the valor of Thermopylae and Marathon again displayed ! The Con- gress of eighteen hundred and tv/elve, here, within these Sro AMERICAN august walls, have proclaimed to the world that other feel- ings than those of servility, avarice, or fear, pervade the American bosom ; that in the hope and purity of youth. We are not debased by the passions of a corrupt old age ; that our sensibilities are other than sordid ; that we are ambitious of the dignified port of freemen ; that while pa- cific we know the value of national rights and national jus- tice, and with the spirit due to our lasting prosperity as a republic, design to repel authenticated outrages upon ei- ther. That we will and dare act as becomes a free, an en- lightened, and a brave people. Illustrious Congress! wor- thy to have your names recounted with the illustrious fa- thers of our revolution ! for what grievances were those that led to the great act which made us a nation, that have not been equalled, shall I say have not been surpassed, by those which moved to your deed ? and what noble hazards did they encounter which you ought not to brave ! If we are not fully prepared for war, let the sublime spectacle be soon exhibited, that a free and a valiant na- tion, with our numbers, and a just cause, is always a pow- erful nation ; is always ready to defend its essential rights ! The Congress of '76 declared Independence and hurled de- fiance at this same insatiate foe, six and thirty years ago, with an army of seventeen thousand hostile troops just landed upon our shores ; and shall we no%v hesitate ? shall vre bow our necks in submission, shall we make an igno- minious surrender of our birthright under the plea that we are not prepared to defend it t No, Americans ! Yours has been a pacific republic, and therefore has not exhibit- ed military preparation ; but it is a free republic, and therefore will it now, as before, soon command batta- lions, discipline, courage ! Could a general of old by only stamping on the earth raise up armies, and shall a whole nation ot freemen, at such a time, know not where to look for them ? The soldiers of Bunker's hill, the soldiers of Bennington, the soldiers of the Wabash, the seamen of Tripoli contradict it! By one of the surviving patriots of our revolution have been told, that in the Congress of 1774, among other arguments used to prevent a war, and separation from Great Britain, the danger of having our towns battered down ^nd burnt was zealousy urged. The venerable I )f SPEAKER. sri Christopher Gadsden, of South Carolina, rose and replied to it in these memorable words : " Our seaport towns, ♦' Mr. President, are composed of brick and wood. If " they are destroyed, we have clay and timber enough in " our country to rebuild them. But, if the liberties of our •» country are destroyed, where shall we find the materials "to replace them?" Behold in this an example of virtuous sentiment fit to be imitated. Indulge me with another illustration of American pa- triotisro, derived from the same source. During the siege of Boston, General Washington consulted Congress upon the propriety of bombarding the town. Mr. Hancock was then President of Congress. After General Washington's letter was read, a solemn silence ensued. This was bro- ken by a member making a motion that the House should resolve itself into a committee of the whole, in order that Mr. Hancock might give his opinion upon the important subject, as ht was so deeply interested Irom having all his estate in Boston. After he left the chair, he addressed the chairman of the committee of the whole in the following words: '' It is true, sir, nearly all the property I have in *•'■ the world is in houses and other real estate in the town " of Boston ; but if the expulsion of the British army from " it, and the liberties of our country require their being *' burnt to ashes — issue the order for that purpose inline- " diatehj:'' Whiit has ancient or modern story to boast beyond such elevated specimens ot" public virtue? and what inspiring lessons of duty do they teach to us ? W^ar, fellow-citizens, is not the greatest of evils. Long submission to injustice is worse. Peace, a long peace, a peace purchased by mean and inglorious sacrifices, is worse, is far worse. War takes away a life destined by nature to death. It produces chiefly bodily evils. But when ignoble peace robs us of virtue, debases the mind and chills its best feelings, it renders l.fe a living death, and makes us of- fensive above ground. The evils ot ignoble peace are, an inordinate love of money — rage of party spirit — and a willingness to endure even slavery itself rather than bear pecuniary deprivations or brave manly hazards. Tne states of HolL'ml ; nd of Italy will be found, at several stages of their history, strikingly to exemplify this remark Sr2 AMERICAN War in a just cause produces patriotism : witness the speech of Gadsden ! It produces the most noble disinte- restedness where our country is concerned : witness the speech of Hancock ! It serves to destroy party spirit, which may become worse than war. In war death is pro- duced without personal hatred ; but under the influence of party spirit inflamed by the sordid desires of an inglorious peace, the most malignant passions are generated and we hate with the spirit of murderers. Could the departed heroes of the revolution rise from their sleep and behold their descendants hanging content- edly over hoards of money, or casting up British invoices, while so long a list of wrongs still looked them in the face, calling for retribution, what would they say ? would they not hasten back to their tombs, now more welcome than ever, since they would conceal from their view the base conduct of those sons for whom they so gallantly fought, and so gallantly fell ? But stop, return, return, illustrious band ! stay and behold, stay and applaud what we too are doing ! we will not dishonor your noble achievements ! we will defend the inheritance you bequeaihed us, — we will wipe away all past stains, we will maintain our rights at the nvv'ord, or like you, we will die ! Then shall we ren- der our ashes worthy to mingle with yours ! Sacred in our celebrations be this day to the end of time ! Revered be the memories of the statesmen and orators whose wisdom led to the act of Independence, and of the gallant soldiers who sealed it with their blood ! May the fires of their genius and courage animate and sustain us in our contest, and bring it to a like glorious result! may it be carried on with singleness to the objects that alone summoned us to it — as a great and imperious duty, irk- some yet necessary ! May there be a willing, a joyful, im- niolation of all selfish passions on the altar of a common country ! may the hearts of our combatants be bold, and, under a propitious heaven, their swords flash victory! mav a speedy peace bless us and the passions of war go off','leaving in their place a stronger love of country and of each other ! Then may pacific giories, accumulating and beaming from the excitement of the national mind, long be ours : a roused intellect, a spirit of patriotic improvement in whatever can gild the American nam« j — in arts, in lite* SPEAKER. srs rature, in science, in manufactures, in agriculture, in le- gislation, in morals, in imbuing our admirable forms of polity with still more and more perfection — may these then long be ours ! may common perils and common triumphs bind us more clos«tly together ! may the era fur- nish names to our annals ""on whom late time a kindling eye shall turn !" Re\)'ered be the dust of those who fall, sweet their memories ! — their country vindicated, their duty done, an honorable renown, the regrets of a nation, the eulogies of friendship, the slow and moving dirges of the camp, the tears of beauty — all, all, will sanctify their doom !— f-Honored be those who outlive the strife of arms ! — our rights established, justice secured, a haughty foe taught to respect the freemen she had abused and plun- dered — to survive to such recollections and such a con- sciousness, is there, can there be, a nobler reward ! An old Indian Chief to an EngTish Officer xvho had been taken Prisoner and become a Sla^e to the Indian, " Since you have been my captive, you must acknow- ledge that I have treated you with kmdness : I have taught you to form the swift canoe, to chase the bear, to preprire the beaver's skin, and to speed the shaft. Tell me, is your father living i"" — >' He was alive,'^ the officer replied, " when 1 left my country." The chief returned, *' I was a father once : thy loss, oh valiant son ! like the arrow that put an end to thy existence, drinks the blood that waraiS my heart. No joy, no comfort have I known, since I have felt the absence of him whom I loved Vvith such an affec- tion. Behold that sun ! how bright it shines to you ! Since that sad day it looks to me a cloud ! How cheerfully yon- der roses meet your eye ! To me they seem devoid of every charm. Go, youthful stranger, to your father; go, wipe from his furrowed cheek the stream of parental sorrow : go, bid the sun display to him all its splendour j and bid the rose in all her bloom appear!"^. K li 374 AMERICAN Ati Indiaji Chief to the Engliah Commissioners at the Treaty of Feace-^175S. " Brethren — I have raised my voice, and all the In- dians have heard me as far as the Twightvvees, and have regarded my voice, and are now come to this place. Bre- thren, the cause why the Indians of Ohio left you was owing to yourselves. The governor of Virginia settled in our lands, and disregarded our messages : but, when the French came to us, they traded with our people, used them kindly, and gained their affections. Our cousins the jVlinisinks tell us, they were wronged of a great deal of land, and pushed back by the English settling so fast upon thtm, as not to know whether they have any lands remain- ing in surety. You deal hardly with us ; you claim all the wild animals of the forests, and will not let us come on your lands so much as to hunt after them ; you will not let us peel the bark of a single tree to cover our cubins — surely this is hard ! Our fathers, when they sold the land, did not purpose to deprive themselves of hunting the wild deer, or using a branch of wood. Brethren, we have al- ready acquainted you with our grievances ; and we have referred our cause to the great king. I desire to know if king George has yet decided this matter, and whether jus- tice will be done to the Mioisinks ?" Speech of Logan, a Mingo Chief to Lord Dunmore, Gover- nor of Virginia — i7r4. " I appeal to any white man to say, if ever he entered Logan's cabin hungry, and he gave him not meat : if ever he came cold and naked, and he clothed him not. During the course of the last long and bloody war Logan remain- ed idle in his cabin, an advocate for peace. Such was my love for the whites, that my countrymen pointed as they passed, and said, ' Logan is the friend of white men.* I had t:ven thought to have lived with you, but for the inju- ries of one man. Colonel Cresap, the last spring, in cold blood, and unprovoked, murdered all the relations of Lo- gan, not even sparing my women and children. There SPEAKER. srs runs not a drop of my blood in the veins of any living creature. This called on me for revenge. I have sought it : I have killed many : I have fully glutted my ven- geance : for my country I rejoice at the beams of peace. But do not harbour a thought that mine is the joy of fear. Logan never felt fear. He will not turn on his heel to save his life. Who is there to mourn for Logan ? — Not Speech of an Indian Chief to the Provincial Congress^ in New England^ April Wth^ 1775, Brothers ! we have heard you speak by your letter — we thank you for it — we now make answer. Brothers ! you remember when you first came over the great waters I was great and you was little, very small. I then took you in for a friend, and kept you under my arms, so that no one might injure you ; since that time we have ever been true friends ; there has never been any quarrel between us. — But now our conditions are changed. You are be come great and tall. You reach to the clouds. You are seen all round the world. I am become small, very little. I am not so high as your heel. Now you take care of me, and I look to you for protection. Brothers! I am sorry to hear of this great quarrel between you and Old Eng- land. It appears that blood soon must be shed to end this quarrel. We never till this day understood the foundation of this quarrel between you and the country you came from. Brothers ! Whenever 1 see your blood running, 50U will soon find me i^bout you to revenge my brother's blood. — Although I am low and very small, I will gripe hold of your enemy's heel, that he cannot run so fast and so light as if he had nothing at his heels. Brothers ! You know I am not so wise as you are, there- fore I ask your advice in what I am now going to say — I have been thinking before you come to action, to take a run to the westward, and feel the mind of my Indian bre- thren the Six Nations, and know how they stand, whether they are on your side or for your enemies. If I find they are against you, I will try to turn their minds. I think they will listen to me for they have always looked this srs AMERICAN %vav for advice concerning all important news that comes from the rising of thfe sun. If they hearken to me, you will not be afraid of any danger from behind you. How- ever their minds are affected, you shall soon know by me. —Now I think I can do you more service in this way, than by marching off immediately to Boston, and staying there ; it may be a great while before blood runs. Now as I said, you are wiser than I, I leave this for your consi- deration, whether I come down immediately or wait till I hear some blood is spilled. Brothers ! I would not have you think by this that we are falling back from our engagements. We are ready to do any thing for your relief, and shall be guided by your couasel. Brothers ! One thing I ask of you, if you send for me to fight, that 5'ou will let mt- fight in my own Indian way. I aui not used lo fight English fashion, therefore you must not expect I can train like your men. Only point out to me where your enemies keep, and that is all I shall' want to know. Speech of the Chiefs of the Seneca nation to the President of the United States — 1 790. " Father — the voice of the Seneca nation speaks to^you — the great counsellor, in whose heart the wise men of all the thirteen fires have placed their wisdom ; it may be very small in your ears, and we therefore intreat you to hearken with attention, lor we are about so speak of things which are, to us, very great. When your army entered the country of the six nations, ■we called you the town destroyer j and to this day, when your name is heard, our women look behind them and turn pale, and our children cling close to the necks of their mothers. Our counsellors and warriors are men, find can- not be afraid: but their hearts are grieved with the fears of our women and children, and desire that it may be bu- ried so deep, as to be heard no more. When you gave us peace, we called you father ; because you promised to secure us in the possession of our lands. SPEAKER. ' 3T Do this, and so long as the land shall remain, that beloved name will he in the heart of every S neca. Father — we mean to open our hearts before you, and we earnestly desire that you will let us clearly understand what you resolve to do. When our chiefs returned from the treat\ at Fort Stan- wix, and laid before our council what had been done there, our nation was surprised to hear how ;;ref:t a countrv \ou bad compelled them to give up to \ ou, without your d;\v-' ing to us any thing for it. Every one said that vour hearts we'"e yet sv;elled with resentment against us, for what had happened during the war ; but that one dav you would consider it with morr kindness. We ask^d each other, what have we done to di-strve such severe chastisement ? F.itht-r — when you kindled your thirteen fin-s separate- ly, the wisr men assembltd at them told us, that y u were all l^rothers — the children of one great fath..r ho re- g.irded the red people as his childrv n. — i'h v called us brothers, and invited us to his protection. Tiiey told us that he resided beyond th(? great water, where the sunf first rises — that he was a king whose power no people could resist, and that his goodness was bright as the sun —•what they said, went to our hearts. We acceptf-d the invitation, and promised to obey him. What the Seneca nation promises, th^y faithfully perform: and Vv'hen you refused obedience to that king, he commanded us to assist his beloved men in making you sober. — In obeying him, we did no more than yourselves had led us to promise. The men v*ho claimed this promise, told us that you were children and had no guns ; that when they had shaken you, you would submit. We hearkened unto them, and were deci ivrd until \ our army approached our towns. We were deceived ; but \ our people teaching us to confide in that king, h:id helped to deceive us; and we now appeal: to your heart — Is all the blame ours ? Father — when we saw that we had been deceived, and heard the invitation which you gave us to draw near to the fire, which 3 ou had kindled, and talk with you con- cerning peace, we made haste toward it. You then told us you could crush us to nothing, and you demanded from us a j^reat country, as the price of that peace which you had offered to us -, as if our want of strength had destroy- K K ^ 378 AMERICAN ed our rights. Our chiefs had felt your power, and were unable to contend against you, and they therefore gave up that country. What they agreed to, has bound our nation: but your anger against us must, by this time, be cooled, and although our strength has not increased, nor your pou er become less, we ask you to consider calmly —were the terms dictated to us by your commissioners reason- able or just ? Father — Hear our case. Many nations inhabited this country j but they had no wisdom ; therefore they warred together — the six nations were powerful, and compelled lliem to peace. The land, for a great extent, was given up to them, but the nations which were not destroyed, all contniued on those lands, and claimed the protection of the six nations, as brothers of their fathers. They were men, and, when at peace, had a right to live upon the earth. The French came among us, and built Niagara ; they became our fathers, and took care of us. Sir William Johnson came, and took that fort from the French ; he became our father, and promised to take care of us ; and he did so, until you were too strong for his king. To him we gave four miles round Niagara, as a place of trade. We have already said how we came to join against you; we sav; that we were wrong: we wished for peace; you demandtd a great country to be given up to you; it was surrendered to you, as the price of peace ; and we oup^ht to have peace and possessioaof the little land which you th n left us. Father— when that great country was given up to you, there were but few chiefs present ; and they were com- Tselied to give it up. And it is not the six nations only .hat reproach those chiefs with having given up that coun- ;ry. The Chipaways, and all the nations who lived on these lands wettward, call to us, and ask us, brothers of our fathers, where is the place which you htive reserved or us to lie down upon ? Father—you have compelled us to do that which makes us ashamed ; we have nothing to answer to the children ->f the brothers of our fathers. When last spring they ailed upon us to go to war, to secure them a bed to lie (ewn uDon j the Sjnecas intreated them to be quiet, unti' SPEAKER. 079 we had spoken to you ; but on our wr.y down, we heard that your array had gone towards the country which those nations inhabited, and if they meet together, the best blood on both sides will fall to the ground. Father — we will not conceal from you, that the Great God, and not men, has preserved the Corn Plant from the hands of his own nation. For they ask continually, where is the land which our children, and their children after them are to lie down upon ? You told us, say ihey, that the line drawn from Pennsylvania to lake Ontario, would mark it forever on the east, and the line running from Beaver creek to Pennsylvania, would mark it on the west';, and we see that it is not so ; for first one und then another come and take it away, by order of that people wiiich you tell us promised to secure it to us. ile is silent j for he has nothing to answer. When the sun gots down, he opens his heart before God, and earlier than the sun appears ag.iin upon the hills, he gives thanks for his protection during the night ; for he feels, that among men become desperate by the injuries they sustain, it is God only that can preserve him. He loves peace : and all he had in store he has given to those who have been robbed by your people, lest thev should plunder the innocent to repay ihemstlves. The whole season, which others have employed in providing fvr their families, he has spent in endccwo irs to preserve peace : and this moment his wife and children are lying on the ground, and in want of io^,d ; hs heart is in pain lor ihem ; but he perceives that the Great Spirit will try his firmness in doing what is right. Father — The game, which the Great Spirit sent into our country, for us to eat, is going from among us. We thought he intended we should till the ground with the plough, as the white people do ; and we talked to one antnher about it. But before we speak to you concerning this, we must know from you, whether you mean to leave us and oui^ children any land to till. Speak plainly to us, concerning this great buiiness* 380 AMERICAN Speech of the Chiefs of the Seneca nation to the President of the United States—Xr^O. Father — Your speech, written on the great paper, is to us like the first light of the morning to a sick man, whose pulse beats too strongly in his temples, and prevents him from sleeping, he sees it, and rej(jices ; but is not cured. You say, you have spoken plainly on the great point, that you will protect us in our lands secured to us at fort Stanwix, and that we have a right to sell or refuse to sell it. — This is very good. But our nation complain, that you compelled us, at that treaty, to give ui- too much of our lands. We confess that our nation WiS ound y wh t was doiv' there, and ac- know;edgt \ our power. Wc have now appealed to your- selves against that treaty, as mtdt while you were too an- gr\' at us, and thircfore unreasonable and unjust. To this you h SVC gi en us no answer, F thci — Look at the land we gave you at the treaty, and rhen cast your eyes upon what we now ask you to re- store to us; ad you will see that whit we ask is a very little piec^. By givmg it b sck ag-.in, you will satisfy the whole of our nation. The chiefs, who signed that treatv, Xvill be in salVry ; and peace- between your children and Oiir ( hildren, wdl continue so long as your lands continue t( join ours. Every man of our n.-tion will turn his eyes aw y irom all the other I. aids w inch we then gave up to you, uui forget that our fathers ^ Vcr said that they belong- ed to th'-n-. Fuihe; — You say you will appoint an agent to take care of us. Let him come and take care of our trade : but we desire he may not have any thing to do with our lands ; for the agents, who have come among us, and pretended to take care of us, have always deceiv d us whenever we sold lands ; both when the king, and when the separate states have bargained with us. They have, by this means, occasioned many wars ; and we are unwilling to trust them again. Father — The blood that was spilt near Pine creek is co- vered^ and we shall never look where it lies. We know that Pennsylvania will satisfy us for that which we speak SPEAKER. 381 of to them, before we speak to you. The chain of friend- ship will now, we hope, be made strong:, as you desire it to be — we will hold it fast, and our end of it shall never rust in our hands. Father — We told you what advice we gave to the peo- ple you are now at war with ; and we now tell you, they have promised to come again next spring to our towns. ♦We shall not wait for their coming, but set out very early in the season, and show them what you have done for us, which must convince ihem, that you will do for them eve- ry thing that they ought to ask. We think they will hear us, and follow our advice. Father — You gave us leave to speak our minds concern- ing tilling of the ground. We ask you to teach us to plough and grind corn, and supply us with broad axes, saws, augers, and other tools, to assist us in building saw- mills, so that we may make our houses more comfortable and durable ; that you will send smiths among us ; and above all, that you will teach our children to read and write, and our women to spin and weave. The manner of doing these things for us, we leave to you who understand them ; but we assure you, we will follow your advice as far as we are able. Speech of the Chiefs of the Seneca 7iatton to the President of the United States — 1790. Father — No Seneca ever got- s from the fire of his friend until he has said to him, I am going. We therefore fell you that we are now setting out lor our own country. Father — We thank you from our hearts tliat we now know that there is a country that we may call our (nvn, and on which we may lie down in peace. We see, th;it there will be peace between our children and your chil- dren ; and our hearts are very glad. We will persuade the Wyandots, and other western n;itions, to open their eyes, and look towards the bed which you have made for us, and to ask of you a bed for themselves and their chil- dren, that will not slide from under them. Wc thank you for your presents to us, and rely on your promise to in- struct us in raising corn as the white people do. The :^82 AMERICAN sooner you do this the better for us ; 'and we thank you for the care which you have taken to prevent bad people coming to trade among us. If any come without your li- cense we will turn them back ; and we hope our nation will determine to spill all the rum that shall hereafter be brought to our towns. Father — You have not asked of us any surety for peace on our part; but we have agreed to send nine Seneca boys to be under your care for education. Tell us at what time you will receive thtm, and they shall be sent at that time. This will assure you that we are indeed at peace with you, and determined to continue so. If you can teach them to be wise and good men, we will take care that our nation shall be willing to be instructed by them. Speech of Farmer^s Brother. [The following Speech was delivered in a public Council at Genesee River, Nov. 21, 1798, by Ho-na-ya-tvuSy commonly called Farmer's Brother, and after being- written as interpreted, it was signed by the principal Chiefs present, and sent to the Legislature of the state of New-York,] The Sachems, Chiefs and Warriors of the Seneca Na- tion, to the Sachems and Chiefs assembled about the great Council Fire cf the State of New- York. " l-rorhers — As you are once more assembled in coun- cil lor the purpose of doing honor to yourselves, and just- ice to your country; we, your brothers, the Sachems, Chiefs, and Warriors of the Seneca Nation, request you to open your ears, and give attention to our voice and wishes. '' Brothers — You will recollect the late contest between you and your father, the great king of England. This contest threw the inhabitants of this whole island into a great tumult and commotion, like a raging whirlwind, which tears up the trees, and tosses to and tro the leaves, so that no one knows from v/hence they come, or where they will fall. *^ Brothers — This whirlwind was so directed by the Great Spirit above, as to throw into our arms two of your infunt children, Jasper Parrish, and Horatio Jones. We SPEAKER. 383 ndopted them into our families and made them our chil- dren. We loved them and nourished them. They lived with us many years. At length, the Great Spirit spoke to the whirlwind, and it was still. A clear and uninter- rupted sky appeared. The path of peace was opened, and the chain of friendship was once more made bright. Then these our adopted children left us, to seek their re- lations. We wished them to remain among us, and pro- mised, if they would return and live in our country to give each of them a seat of land for them and their children to set down upon. " Brothers — They have returned and have for several years past been serviceable to us as interpreters. We still feel our hearts beat with affection for them, and now v/ish to fulfil the promise we made them, and to reward them for their services. We have therefore made up our minds to give them a seat of two square miles of land lying on the outlet of Lake Erie, about three miles below Black. Rock, beginning at the mouth of a creek known by the name of Scoy-gu-quoy-des Creek, running one mile from the river Niagara, up said creek, thence northerly as the river runs two miles, thence westerly one mile to the river, thence up the river as the river runs, two miles to the place of beginning, so as to contain two square miles. " Brothers — We have now made known to you our minds. We expect and earnestly request that you will permit our friends to receive this our gift, and will make the same good to them, according to the laws and customs of your nation. '^ Brothers— Why should you hesitate to make our minds easy with regard to this our request ? To you it is but a little thing, and have you not complied with the re- quest, and confirmed the gift of our brothers the Oneidas, the Onondagas and Cayugas to their interpreters? And shall we ask and not be heard ? " Brothers — We send you this our speech, to which we expect s our answer before the breaking up of your great council fire." AMERICAN Speech of Red Jacket. [In the summer of 1805, a number of the principal Chies and War* riors of tlie Six Nations, principally Senecas, assembled at Buffalo Creek, in ihe State of New-York, at the particular request of ihe Rev Mr. Cram, a Missionary from the St'te of Massachusetts. The Mssionary being furnished with an Interpreter, and accompanied by . he Agent of the United States for Indian affairs, met the Indians ill Council, when the following talk took place.] FIRST, BY THE AGENT. " Brothers of the Six Nations — I rejoice to meet you at this time, and thank the Great Spirit, that he has pre- served you in health, and given me another opportunity of taking you by the hand. " Brothers — The person who sits by me, is a friend who has come a great distance to hold a talk with you. He will inform you what his business is, and it is my request that you would listen with attention to his words." Missionary. " My friends — I am thankful for the opportunity afforded us of uniting together at this time. I had a great desire to see you, and enquire into your state and welfare; for this purpose I have travelled a great dis- tance, being sent by your only friends, the Boston Mis- sionary Society. You will recollect they formerly sent missionaries among you, to instruct you in religion, and labor for your good. Although they have not heard from you for a long time, yet they have not forgotten their brothers the Six Nations, and are still anxious to do you good. '•^ Brothers — I have not come to get your lands or your money, but to enlighten your minds, and to instruct you how to worship the Great Spirit agreeably to his mind and will, and to preach to you the gospel of his son Jesus Christ. There is but one religion, and but one way to ; serve God, and if you do not embrace the right way, you cannot be happy hereafter. You have never worshipped the Great Spirit in a manner acceptable to him ; but have all your lives been in great errors and darkness. To en- deavor to remove these errors, and open your eyes, so that you might see clearly, is my business with you. SPEAKER. 385 " Brothers — I wish to talk with you as one friend talks with another ; and if you have any objections to receive the religion which I preach, I wish you to state them ; and I will endeavor to satisfy your minds, and remove the objections. " Brothers— I want you to speak your minds freely ; for I wish to reason with you on the subject, and, if possible, remove all doubts, if there be any on your minds. The subject is an important one, and it is of consequence that you give it an early attention while the ofter is made you. Your friends the Boston Missionary Society, will continue to send you good and faithful miulbLcis, to instruct and strengthen you in religion, if, on your part, you are will- ing to receive them. " Brothers — Since I have been in this part of the coun- try, I have visited some of your small villages, and talk- ed with your people. They appear willing to receive in- struction, but, as they look up to you as their older bro- thers in council, they want first to know your opinion on the subject. " You have now heard what I have to propose at pre- sent. I hope you will take it into consideration, and give me an answer before we part." [After about two hours consultation among- themselves, the Chief com- monly called by the white people. Red Jacket, (whose Indian name is Sagu-yu-wha-hah, which interpreted is Keeper aivakej rose and spoke as follows :] " Friend and Brother — It was the will of the Great Spirit that we should meet together this day. He orders all things, and has given us a fine day for our Council He has taken his garment from before the sun, and caus- ed it to shine with brightness upon us. Our eyes are o- pened, that we see clearly ; our ears are unstopped, that we have been able to hear distinctly the words you have spoken. For all these favors we thank the Great Spirit ; and Him only, " Brother — This council fire was kindled by you. It was at your request that we came together at this time. We have listened with attention to what you have said. You requested us to speak our minds freely. This gives us great joy ; for we now consider that we stand upright beforejjyou, and can speak what we think. All have heard L L 6bo AMERICAN your voice, and all speak to you now as one man. Our minds are agreed. *' Brother — You say you want an answer to your talk before you leave this place. It is right you should have one, as you are a great distance from home, and we do not wish to detain you. But we will first look back a lit- tle, and tell you what our fathers have told us, and what we have heard from the white people. " Brother— Listen to what we say. *' There was a time when our forefathers owned this great island. Their seats extended from the rising to the setting sun. The Great Spirit had made it for the use of Indians. He had created the buffalo, the deer, and other animals for food. He had made the bear and tke beaver. Their skins served us for cloathing. He had scattered them over the country, and taught us how to take them. He had caused the earth to produce corn for bread. All this He had done for his red children, because He loved them. If we had some disputes about our hunting ground, they were generally settled without the shedding of much blood. But an evil day came up- on us. Your forefathers crossed the great water, and landed on this island. Their numbers were small. They found friends and not enemies. They told us they had fled from their own country for fear of wicked men, and had come here to enjoy their religion. They asked for a small seat. We took pity on them, granted their request ; and they sat down amongst us. We gave them corn and meat ; they gave us poison (alluding, it is supposed, to ar- dent spirits) in return. •* The white people had now found our country. Tid ings were carried back, and more came amongst us. Yet ^e did not fear them. We took them to be friends. They called us brothers. We believed them, and gave them a larger seat. At length their numbers had greatly increased. They wanted more land; they wanted our country. Our eyes were opened, and our minds became -uneasy. Wars took place. Indians were hired to fight against Indians, and many of our people were destroyed. Tht y also brought strong liquor amongst us. It was strong and powerful, and has slain thousands. SPEAKER. 3^7 " Brother — Our seats were once large and yours were small. You have now become a great people, and we have scarcely a place left to spread our blankets. You have got our country, but are not satisfied ; you want to force your religion upon us. " Brother — Continue to listen. " You say that you are sent to instruct us how to wor- ship the Great Spirit agreeably to his mind, and, if we do not take hold of the religion which you white people teach, we shall be unhappy hereafter. You say that you arc right and we are lost. How do we know this to be true ? We understand that your religion is written in a book. If it was intended for us as well as you, why has not the Great Spirit given to us, and not only to us, but why did he not give to our forefathers, the knowledge of that book, with the means of understanding it rightly ! We only know what you tell us about it. How shall we know when to believe, being so often deceived by the white peopl " Brother — You say there is but one way to worship and serve the Great Spirit. If there is but one religion ; why do you white people differ so much about it? Why rot all agreed, as you can all read the book ? " Brother — We do not understand these things. " We are told that your religion was given to your fore- fathers, and has been handed down from father to son. We also have a religion, which was given to our fore- fathers, and has been handed down to us their children. We worship in that way. It teaches us to be thankful for all the favors we receive ; to love each other, and to be united. We never quarrel about religion. " Brother — The Great Spirit has made us all, but He has made a great difference between his white and red children. He has given us different complexions and dif- ferent customs. To you He has given the arts. To these He has not opened our eyes. We know these things to be true. Since He has made so great a difference between us in other things ; why may we not conclude that He has given us a different religion according to our understand- ing? The Great Spirit does right. He knoAS what is best for his children j we are satisfied. 388 AMERICAN " Brother- — We do not wish to destroy your religion, or take it from you. We only want to enjoy our own. " Brother — We are told that you have been preaching to the white people in this place. These people are our neighbours. We are acquainted with them. We will wait a little while, and see what effect your preaching has up- on them. If we find it does them good, makes them hon- est, and less disposed to cheat Indians ; we will then con- sider again of what you have said. " Brother — You have now heard our answer to your talk, and this is all we have to say at present. " As we are going to part, we will come and take you by the hand, and hope the Great Spirit will protect you on your journey, and return you safe to your friends." As the Indians began to approach the missionary, he rose hastily from his seat and replied, that he could not ti^ke them by the hand ; that there was no fellowship be- tween the religion of God and the works of the devil. This being interpreted to the Indians, they smiled, and retired in a peaceable manner. It being afterwards suggested to the missionary that his reply to the Indians was rather indiscreet; he observ- ed, that he supposed the ceremony of shaking hands would he received by them as a token that he assented to what they had said. Being otherwise informed, he said he was sorry for the expressions. Speech of Red Jacket^ caikd by the Indians^ Sa-gu-yii- ivha-ha^ or Keeper azvake. In ansv/er to a Speech of the Rev. Mr. Alexander, a missionary from the Missionary Society in New.York, to the Seneca JSTation of Indi- ans, delivered at a Council, held at Buffalo Creek in May, 1811. " Brother — We listened to the talk you delivered to us from the Council of black coats^ in New- York. We have fully considered your talk, and the offers you have made us ; we perfectly understand them, and we return an answer, which we wish you also to understand. In * The appellation given to clerg-yuien by the Indiana. SPEAKER. 389 making up our minds we have looked back, and remem- bered what has been done in our days, and what our fa- thers have told us was done in old times. " Brother — Great numbers of black coats have been amongst the Indians, and with sweet voices and smiling faces, have offered to teach theni the religion of the white people. Our brethren in the East listened to the black coats — turned from the religion of their fathers, and took up the religion of the white people. What good has it done them ? Are they more happy and more friendly one to another than we are? No, brother, they are a divided people — we are united — they quarrel about religion — we live in love and friendship — they drink strong water — have learnt how to cheat — and to practice all the vices of the white men, which disgrace Indians, without imitating the virtues of the white men. Brother, if you are our well wisher, keep away and do not disturb us. ** Brother — We do not worship the Great Spirit as tlie white men do, but we believe that forms of worship are indifferent to the Great Spirit — it is the offering of a sincere heart that pleases him, and we worship him in this man- ner. According to your religion we must believe in a fa- ther and a son, or we will not be happy hereafter. We have always believed in a father, and we worship him, as we were taught by our fathers. Your book says the son was sent on earth by the father — did all the people who saw the son believe in him ? No, they did not, and the con- sequences must be known to you, if you have read the book. " Brother — You wish us to change our religion for yours — we like our religion and do not want another. Our friends (pointing to Mr. Granger, Mr. Parish, and Mr. Taylor) do us great good — they counsel us in our troubles — and instruct us how to make ourselves comfortable* Our friends the Quakers do more than this — they give us ploughs, and show us how to use them. They tell us we are accountable beings, bui do not say we must change our religion. We are satisfied with what they do. " Brother — For these reasons we cannot receive your offers — we have other things to do, and beg you to make your mind easy, and not trouble us, lest our heads should be too much loaded, and by and by burst*" L l2 390 AMERICAN Speech of Red Jacket, Jn answer to a Speech of Mr. Richardson, who applied to buy the ^n- dian rights to the reservations lying in the territory commonly call- ed the Holland Purchase. Delivered at a Council held at Buffalo Creek in May, 1811. " Brother — We opened our ears to the talk you lately delivered to us, at our Council fire. In doing important business it is best not to tell long stories, but to come to it in a few words. We therefore shall not repeat your talk» which is fresh in our minds. We have well considered it, and the advantages and disadvantages of your offers. We request your attention to our answer, which is not from the speaker alone, but from all the Sachems and Chiefs now around our Council fire. <' Brother — We know that great men as well as great nations, having different interests have different minds, and do not see the same subject in the same light — but we hope our answer will be agreeable to you and to your em- ployers. " Brother — Your application for the purchase of our lands, is to our minds very extraordinary. It has been made in a crooked manner — you have not walked in the straight path pointed out by the great Council of your nation. You have no writings from our great father the President. " Brother — In making up our minds we have looked back, and remembered how the Yorkers purchased our lands in former times. They bought them piece after piece for a little money paid to a few men in our nation, and not to all our brethren ; our planting and hunting grounds have become very small, and if we sell these we know not where to spread our blankets. " Brother — You tell us your employers have purchased of the Council of Yorkers a right to buy our lands — we do not understand how this can be — the lands do not be- long to the Yorkers j they are ours, and were given to us by the Great Spirit. " Brother — We think it strange that you should jump over the lands of our brethren in the East, to come to our Council fire so far off, to get our lands. When we sold our lands in the East to the white people we determined SPEAKER. 391 never to sell those we kept, which are as small as we can live comfortably on. " Brother — You want us to travel with you, and look for other lands. If we should sell our lands and move off into a distant country, towards the setting sun — we should be looked upon in the country to which we go as foreigners and strangers, and be despised by the red as well as the white men, and we should soon be surrounded by the white men, who will there also kill our game, come upon our lands, and try to get them from us. " Brother — We are determined not to sell our lands, but to continue on them — we like them — they are fruitful and produce us corn in abundance, for the support of our women and children, and grass and herbs for our cattle. *< Brother — At the treaties held for the purchase of our lands, the white men with sweet voices and smiling faces told us they loved us, and that they would not cheat us, but that the king's children on the other side of the lake would cheat us. When we go on the other side of the lake, the king's children tell us your people will cheat us, but v/ith sweet voices and smiling faces assure us of their love and that they will not cheat us. These things puzzle our heads, and we believe that the Indians must take care of themselves, and not trust either in your people or in the king's children. " Brother — At a late Council we requested our agents to tell you that we would not sell our lands, and we think you have not spoken to our agents, or they would have in- formed you so, and we should not have met you at our Council fire at this time. " Brother — The white people buy and sell false rights to our lands ; your employers have you say paid a great price for their right — they must h.ive plenty of money, to spend it in buying false rights to lands belong to Indians — the loss of it will not hurt them, but our lands are of great value to us, and we wish you to go back with your talk to your employers, and to tell them and the Yorkers, that they have no right to buy and sell false rights to our lands. '' Brother — We hope you clearly understand the words we have spoken. This is all we have to say." 592 AMERICAN Speech of Red Jacket. [The occasion of the following speech, was, a white man had beea murdered by an Indian at Buffalo, and the Indians were unwilling to deliver the perpetrator of the crime to our civil authority. Seve- ral meetings were held between them and the people of Canandai- gua, for the purpose of reconciling them to the propriety and just- ice of surrendering him, to which however, they at length reluctant- ly consented.] " Brothers — Open your ears, and give your attention. This day is appointed by the Great Spirit to meet our friends at this place. During the many years that we have lived together in this country, good will and harmony have subsisted among us. " Brothers — We have now come forward upon an un- happy occasion : — We cannot find words to express our feelings upon it. One of our people has murdered one of your people . So it has been ordered by the Great Spi- rit who controls all events. This has been done: we can- not now help it. At first view, it would seem to have the effect of putting an end to our friendship ; but let us re- flect, and put our minds together. Can't we point out measures whereby our peace and harmony may still be preserved ? W^e have come forward to this place, where we have always had a Superintendant and Friend to re- ceive us, and to make known to him such grievances as lay upon our minds ; but now we have none ; and we have no Guardian — no Protector — no one is now authorised to receive us. " Brothers — We therefore now call upon you to take our Speech in writing, and forward our ideas to the Pre- sident of the United States. " Brothers — Let us look back to our former situation. While you were under the government of Great-Britain, Sir William Johnston was our Superintendant, appointed by the King. He had powers to settle offences of this kind among all the Indian Nations, without adverting to the laws. But under the British Government you were un- easy — you wanted to change it for a better. General Washington went forward as your leader. From his ex- ertions you gained your independence. Immediately ^f- SPEAKER. 593 terwards, a treaty was made between the United States and the Six Nations, whereby a method was pointed out of re- dressing such an accident as the present. Several such accidents did happen, where we were the sufferers. We now crave the same privilege in making restitution to you, that you adoptt^d towards us in a similar situation. " Brothers — at the close of our treaty at Philadelphia, General Washington told us that we had formed a chain of friendship which was bright : He hoped it would con- tinue so on our part : That the United States would be equally willing to brighten it, if rusted by any means. A number of murders have been committed on our people — We shall only mention the last of the m. About two years ago, a few of our Warriors were amusing themselves in the woods, to the westward of Fort Pitt : Two white men, coolly and deliberately, took their rifles, travelled nearly three miles to our encampment, fired upon the Indians, killed two men, and wounded two children. We then were the party injured. What did we do ? We flew to the treaty, and thereby obtained redress, perfectly satis- factory to us, and we hope agreeable to you. This was done a short time before President Adams went out of oflice : Complete peace and harmony was restored. We now want the same mtthod of redress to be pursued. " Brothers — How did the present accident take place? Did our warriors go from home cool and sober, and com- mit murder on you ? No. Our brother was in liquor, and a quarrel ensued, in whieh the unhappy accident happen- ed. We would not excuse him on account of his being in liquor ; but such a thing was far from his intention in his sober moments. We are all extremely grieved at it, and are willing to come forward and have it settled, as crimes of the same nature have been heretofore done. " Brothers — Since this accident has taken place, we have been informed, that by the laws of this state, if a murder is committed within it, the murderer must be tried by the laws of the state, and punished with death. " Brothers — When were such laws explained to us ? Did we ever make a treaty with the state of New- York, and agree to conform to its laws i No. We are indepen- dent of the state of New-York. — It was the will of the Great Spirit to create us different in colour : We have 594 AMERICAN different laws, habits and customs, from the white people. We will never consent that the government of this state shall try our brother. We appeal to the government of the United States. " Brothers — Under the customs and habits of our fore« fathers, we were a happy people ; we had laws of our own ; they were dear to us. The whites came among us and introduced their customs ; they introduced liquor among us, which our forefathers always told us would prove our ruin. *• Brothers — In consequence of the introduction of li- quor among us, numbers of our people were killed. A council was held to consider of a remedy, at which it was agreed by us, that no private revenge should take place for any such murder — that it was decreed by the Great Spirit, and that a council should be called, to consider of redress to the friends of the deceased. " Brothers — The President of the United States is call- ed a great man, possessing great power — he may do what he pleases — he may turn men out of office — men who held their offices long before he held his. If he can do these things, can he not even control the laws of this state ? Can he not appoint a commissioner to come forward to our country and settle the present difference, as we, on our part, have heretofore often done to him, upon a similar occasion? '• We now call upon you. Brothers, to represent these things to the President, and we trust that he will not re- fuse our request, of sending a commissioner to us, with powers to settle the present difference. The consequence of a refusal may be serious. We are determined that our brother shall not be tried by the laws of the state of New- York. Their laws make no difference between a crime -committed in liquor, and one committed coolly and deli- berately. Our laws are different, as we have before stated. If tried here, our brother must be hanged. We cannot submit to that — Has a murder been committed upon our people, when was it punished with death ? " Brothers — We have now finished what we had to say on the subject of the murder. We wish to address you upon another, and to have our ideas communicatee! to the President upon it also. SPEAKER. 395 ^* Brothers — It was understood at the treaty concluded by Col. Pickering that our superintendant should reside in the town of Canandaigua, and for very good reasons : that situation is the most central to the Six Nations; and by sub- sequent treaties between the state of New- York and the Indians, and there are still stronger reasons why he should reside here, principally on account of the annuities being stipulated to be paid to our superintendant at this place. These treaties are sacred. If their superintendant resides elsewhere, the state may object to sending their money to him at a greater distance; We would therefore wish our superintendant to reside here at all events. " Brothers — With regard to the appointment of our present superintendant, we look upon ourselves as much neglected and injured. When general Chapin and captain Chapin were appointed, our wishes were consulted upon the occasion, and we most cordially agreed to the appoint- ments. Captain Chapin has been turned out, however, within these few days. We do not understand that any neglect of duty has been alleged against him. We are told it is because he differs from the President in his sentiments on government matters. He has also been perfectly satis- factory to us ; and had we known of the intention, we should most cordially have united in a petition to the Pre- sident to continue him in oiEce. We feel ourselves injur- ed — we have nobody to look to — nobody to listen to our complaints — none to reconcile any differences among us. We are like a young family without a father. " Brothers — we cannot conclude without again urging you to make known all these our sentiments to the Presi- dont* THE END, ^ I'Vi