Class ^£^// COPYRIGHT DEPOSIT. BY A. J. GEORGE, A.M. WORDSWORTH'S PRELUDE, with notes. SELECTIONS FROM WORDSWORTH, with notes. BURKE'S SPEECHES ON THE AMERICAN WAR, and LET- TER TO THE SHERIFFS OF BRISTOL, with notes. SYLLABUS OF ENGLISH HISTORY AND LITERATURE. IN PREPARATION. SCOTT'S MARMION. WORDSWORTH'S EXCURSION, and THE WHITE DOE OF RYL- STONE. THE HISTORY AND LITERATURE OF SCOTLAND I. THE HIGHLANDS. II. THE BORDER. EDMUND BURKE. SPEECHES ON THE AMERICAN WAR, AND LETTER TO THE SHERIFFS OF BRISTOL. WITH KntroUucttan antr Notes By a. J. GEORGE, A.M. .'■•';rjG» ■ -■'■ " / shall always consider that liberty as very equivocal in her appearance, zvhich has not zuisdom and justice for her compactions, and does not lead prosperity and plenty in her trainP BOSTON, U.S.A. : PUBLISHED BY D. C. HEATH & CO. 1891. Copyright, 1891, By a. J. GEORGE. tvpografhy by j. s. cushing & co., boston. Presswork by Berwick & Smith, Boston. ^3^3::' TO MY FRIEND AND TEACHER, Sosepl} E. ©urgea, mM., THIS BOOK IS AFFECTIONATELY INSCRIBED. CONTENTS. PAGE Introduction vii Speech on American Taxation. /. i Speech on Arrival at Bristol 72 Speech at the Conclusion of the Poll 76 Speech on Conciliation with America 85 Letter to the Sheriffs of Bristol 167 Biographical 222 Ministries during Burke's Political Life 223 A Group of Burke's Literary Friends 223 Scheme for Analysis of Style 224 Notes 225 Books of Reference 242 V INTRODUCTION, One of the noblest masterpieces in the Hterature of civil and political wisdom, is to be found in Burke's three produc- tions on the American War ; his speech on Taxation in 1 774 ; on Conciliation in 1775 ; and his Letter to the Sheriffs of Bristol, 1777. These three pieces are the most perfect manual in all Hterature for the study of great affairs, whether for the pur- pose of knowledge or action. They are an example without fault of all the qualities which the critic, whether a theorist or an actor, of great political situations should strive by night and by day to possess. ... No student worthy of the name will lay aside these pieces, so admirable in their literary ex- pression, so important for history, so rich in lessons of civil wisdom, until he has found out something .from other sources as to the circumstances from which such writings arose, and as to the man whose resplendent genius inspired them. — John Morley. The great value of all his speeches, before and during the American War, is, I apprehend, this, that he treats relations between countries as if they were no less real than the rela- tions between individuals. — Rev. F. D. Maurice. viii JNTR OD UCTION. Unlike Hume, whose politics were elaborated in the study, Burke wrote his political tracts and speeches face to face with events, and upon them. Philosophical reasoning and poetic passion were wedded together in them on the side of conservatism, and every art of eloquence was used with the mastery that imagination gives. — Rev. Stopford Brooke. Burke's political philosophy was strictly a moral philoso- phy. The popular notions of good and evil, of right and wrong, as inculcated in the ordinary precepts of the Christian religion, were his standard of estimating all political actions. He can, indeed, only be justly characterized as the greatest pohtical thinker of his time, and perhaps of any time. — Thomas MacKnight, Life and Times of Burke. Among the eminent men who have influenced legislative assembhes in Great Britain and the United States, during the past hundred and twenty years, it is curious that only two have established themselves as men of the first class in Eng- lish and American Hterature. These two men are Edmund Burke and Daniel Webster. — E. P. Whipple. In the common principles of all social and civil order, Burke is unquestionably our best and wisest teacher. In handling the particular questions of his time he always in- volves those principles, and brings them to their practical bearings, where they most " come home to the business and bosoms of men." And his pages are everywhere bright with the highest and purest pohtical morality, while at the same time he is a consummate master in the intellectual charms and graces of authorship. — H. N. Hudson. INTR OD UC TION. ix One who studies the hfe and work of Edmund Burke will find that it naturally divides itself into four great periods, which are characterized not so much by their duration as by the nature of the work done. The first may be called the period of Preparation ; the second, that of the American War ; the third, of the Indian Question ; and the fourth, of the French Revolution. Each of these periods is worthy of careful study ; and as the selections contained in this volume refer to the second period, their use ought to result in a desire to master the principles which entered into and moulded the life of that great statesman and great man. The present generation must not be allowed to forget that the sources of our politi- cal and social well-being are in the lives of those who, in any age and under whatever circumstances, have endeavored to make reason and the will of God prevail. This work is edited in the hope that by furthering the study of the greatest political classic in the English language, it may also further that spirit which seeks to study history as revealed in literature, and literature as inspired by great historic events. In the preparation of the notes the editor has confined himself to the historical setting and interpretation of the work, and has left the question of literary merit to be wrought out by the pupil under the inspiration of the class-room exer- cise. A careful analysis of Burke's style, according to the Scheme on page 224, will be found advantageous. In the matter of biography, one of the works given on page 242 should be consulted. A T C Brookline, Mass., April, 1891. SPEECH OF EDMUND BURKE, Esq., ON AMERICAN TAXATION. April 19, 1774. Sir : I agree with the honourable gentleman^ who spoke last, that this subject 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 topic has been more familiar to us. For nine long years, 5 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 10 exhausted ; reason is fatigued ; experience has given judg- ment ; but obstinacy is not yet conquered.^ The honourable gentleman has made one endeavour more to diversify the form of this disgusting argument. He has thrown out a speech composed almost entirely of challenges. 15 Challenges are serious things ; and as he is a man of pru- dence as well as resolution, I dare say he has very well weighed those challenges before he dehvered them. I had long the happiness to sit at the same side of the House, and to agree with the honourable gentleman on all the American 20 questions.^ My sentiments, I am sure, are well known to him ; and I thought I had been perfectly acquainted with 2 SPEECH ON AMERICAN TAXATION. his. Though I find myself mistaken, he will still permit me to use the privilege of an old friendship ; he will permit me to apply myself to the House under the sanction of his authority ; and, on the various grounds he has measured out, 5 to submit to you the poor opinions which I have formed upon a matter of importance enough to demand the fullest consideration I could bestow upon it. He has stated to the House two grounds of deliberation : one narrow and simple, and merely confined to the question 10 on your paper ; the other more large and more complicated ; comprehending the whole series of the parliamentary pro- ceedings with regard to America, their causes, and their consequences. With regard to the latter ground, he states it as useless, and thinks it may be even dangerous, to enter 15 into so extensive a field of inquiry. Yet, to my surprise, he had hardly laid down this restrictive proposition, to which his authority would have given so much weight, when directly, and with the same authority, he condemns it ; and declares it absolutely necessary to enter into the most ample historical 20 detail.-^ His zeal has thrown him a little out of his usual accuracy. In this perplexity what shall we do. Sir, who are wilHng to submit to the law he gives us ? He has reprobated in one part of his speech the rule he had laid down for debate in the other ; and, after narrowing the ground for all 25 those who are to speak after him, he takes an excursion him- self, as unbounded as the subject and the extent of his great abilities. Sir, when I cannot obey all his laws, I will do the best I can. I will endeavour to obey such of them as have the 30 sanction of his example ; and to stick to that rule, which, though not consistent with the other, is the most rational. SPEECH ON AMERICAN TAXATION 3 He was certainly in the right when he took the matter largely. I cannot prevail on myself to agree with him in his censure of his own conduct. It is not, he will give me leave to say, either useless or dangerous. He asserts, that retro- spect is not wise ; and the proper, the only proper, subject 5 of inquiry, is " not how we got into this difficulty, but how we are to get out of it." In other words, we are, according to him, to consult our invention, and to reject our experience.^ The mode of deliberation he recommends is diametrically opposite to every rule of reason and every principle of good 10 sense established amongst mankind. For that sense and that reason I have always understood absolutely to prescribe, whenever we are involved in difficulties from the measures we have pursued, that we should take a strict review of those measures, in order to correct our errors, if they should be 15 corrigible ; or at least to avoid a dull uniformity in mischief, and the unpitied calamity of being repeatedly caught in the same snare. Sir, I will freely follow the honourable gentleman in his historical discussion, without the least management for men 20 or measures, further than as they shall seem to me to deserve it. But before I go into that large consideration, because I would omit nothing that can give the House satisfaction, I wish to tread the narrow ground to which alone the honour- able gentleman, in one part of his speech, has so strictly 25 confined us. He desires to know, whether, if we were to repeal this tax, agreeably to the proposition of the honourable gentleman who made the motion, the Americans would not take post on this concession, in order to make a new attack on the 30 next body of taxes ; and whether they would not call for a 4 SPEECH ON AMERICAN TAXATION repeal of the duty on wine as loudly as they do now for the repeal of the duty on tea? Sir, I can give no security on this subject. But I will do all that I can, and all that can be fairly demanded. To the experience which the honourable 5 gentleman reprobates in one instant, and reverts to in the next ; to that experience, without the least wavering or hesitation on my part, I steadily appeal ; and would to God there was no other arbiter to decide on the vote with which the House is to conclude this day. 10 When parliament repealed the stamp act in the year 1766, I affirm, first, that the Americans did not in consequence of this measure call upon you to give up the former parlia- mentary revenue which subsisted in that country ; or even any one of the articles which compose it^ I affirm also, that 15 when, departing from the maxims of that repeal, you revived the scheme of taxation, and thereby filled the minds of the colonists with new jealousy, and all sorts of apprehensions, then it was that they quarrelled with the old taxes, as well as the new ; then it was, and not till then, that they ques- 20 tioned all the parts of your legislative power ; and by the battery of such questions have shaken the solid structure of this empire to its deepest foundations. Of those two propositions I shall, before I have done, give such convincing, such damning proofs, that however the 25 contrary may be whispered in circles, or bawled in news- papers, they never more will dare to raise their voices in this House. I speak with great confidence. I have reason for it. The ministers are with me. They at least are convinced that the repeal of the stamp act had not, and that no repeal 30 can have, the consequences which the honourable gentleman who defends their measures is so much alarmed at. To their SPEECH ON AMERICAN TAXATION 5 conduct I refer him for a conclusive answer to this objection. I carry my proof irresistibly into the very body of both min- istry and parliament ; not on any general reasoning growing out of collateral matter, but on the conduct of the honourable gentleman's ministerial friends on the new revenue itself. 5 The act of 1767, which grants this tea duty, sets forth in its preamble, that it was expedient to raise a revenue in America, for the support of the civil government there, as well as for purposes still more extensive. To this support the act assigns six branches of duties. About two years after 10 this act passed, the ministry, I mean the present ministry, thought it expedient to repeal five of the duties, and to leave (for reasons best known to themselves) only the sixth stand- ing. Suppose any person, at the time of that repeal, had thus addressed the minister : ^ " Condemning, as you do, the 15 repeal of the stamp act, why do you venture to repeal the duties upon glass, paper, and painters' colours? Let your pretence for the repeal be what it will, are you not thoroughly convinced, that your concessions will produce, not satisfac- tion, but insolence, in the Americans ; and that the giving up 20 these taxes will necessitate the giving up of all the rest?" This objection was as palpable then as it is now ; and it was as good for preserving the five duties as for retaining the sixth. Besides, the minister will recollect, that the repeal of the stamp act had but just preceded his repeal ; and the ill 25 poHcy of that measure, (had it been so impohtic as it has been represented,) and the mischiefs it produced, were quite recent. Upon the principles, therefore, of the honourable gentleman, upon the principles of the minister himself, the minister has nothing at all to answer. He stands condemned 30 by himself, and by all his associates, old and new, as a de- 6 SPEECH ON AMERICAN TAXATION. stroyer, in the first trust of finance, of the revenues ; and in the first rank of honour, as a betrayer of the dignity of his country. Most men, especially great men, do not always know their 5 well-wishers. I come to rescue that noble lord out of the hands of those he calls his friends; and even out of his own. I will do him the justice he is denied at home. He has not been this wicked or imprudent man. He knew that a re- peal had no tendency to produce the mischiefs which give 10 so much alarm to his honourable friend. His work was not bad in its principle, but imperfect in its execution ; and the motion on your paper presses him only to complete a proper plan, which, by some unfortunate and unaccountable error, he had left unfinished. 15 I hope. Sir, the honourable gentleman, who spoke last, is thoroughly satisfied, and satisfied out of the proceedings of ministry on their own favourite act, that his fears from a repeal are groundless. If he is not, I leave him, and the noble lord who sits by him, to settle the matter, as well as 20 they can, together ; for if the repeal of American taxes de- stroys all our government in America — He is the man ! — and he is the worst of all the repealers, because he is the last.-^ But I hear it rung continually in my ears, now and for- merly, — " the preamble ! what will become of the preamble, 25 if you repeal this tax?" — I am sorry to be compelled so often to expose the calamities and disgraces of parliament. 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. 30 I should be afraid to express myself in this manner, especially in the face of such a formidable array of ability as is now SPEECH OX AMERICAN TAXATION. 7 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 5 will be so good as to turn to the act, and to read this fovour- ite preamble : Whereas it is expedient that a revenue should be raised in your Majesty's dominions in America, for making a more certain and adequate provisio?i for defraying the charge of 10 the administration of justice, and support of civil government, /// such provinces where it sha/t be found necessary; and towards further defraying the expenses of defending, protect- ing, and securing the said dominions. You have heard this pompous performance. Now where 15 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 effectually abandoned as if the tea duty had perished in the general 20 wreck? Here, Mr. Speaker, is a precious mockery — a pre- amble without an act — taxes granted in order to be repealed — and the reasons of the grant still carefully kept up ! This is raising a revenue in America ! This is preserving dignity in England ! If you repeal this tax in compliance with the 25 motion, I readily admit that you lose this fair preamble. Estimate your loss in it. The object of the act is gone al- ready ; and all you suffer is the purging the statute-book of the opprobrium of an empty, absurd, and folse recital. It has been said again and again, that the five taxes were 30 repealed on commercial principles. It is so said in the 8 SPEECH ON AMERICAN TAXATION paper in my hand ; ^ a paper which I constantly carry about ; which I have often used, and shall often use again. What is got by this paltry pretence of commercial principles I know not : for if your government in America is destroyed 5 by the repeal of taxes, it is of no consequence upon what ideas the repeal is grounded. Repeal this tax too upon com- mercial principles if you please. These principles will serve as well now as they did formerly. But you know that, either your objection to a repeal from these supposed consequences 10 has no validity, or that this pretence never could remove it. This commercial motive never was beheved by any man, either in America, which this letter is meant to soothe, or in England, which it is meant to deceive. It was impossible it should. Because every man, in the least acquainted with the 15 detail of commerce, must know, that several of the articles on which the tax was repealed, were fitter, objects of duties than almost any other articles that could possibly be chosen ; without comparison more so than the tea that was left taxed ; as infinitely less liable to be eluded by contra- 20 band. The tax upon red and white lead was of this nature. You have, in this kingdom, an advantage in lead, that amounts to a monopoly.^ When you find yourself in this situation of advantage, you sometimes venture to tax even your own export. You did so soon after the last war ; when, upon 25 this principle, you ventured to impose a duty on coals. In all the articles of American contraband trade, who ever heard of the smuggling of red lead and white lead? You might, therefore, well enough, without danger of contraband, and without injury to commerce, (if this were the whole 30 consideration,) have taxed these commodities. The same may be said of glass. Besides, some of the things taxed SPEECH ON AMERICAN TAXATION. 9 were so trivial, that the loss of the objects themselves, and their utter annihilation out of American commerce, would have been comparatively as nothing. But is the article of tea such an object in the trade of England, as not to be felt, or felt but slightly, like white lead and red lead, and painters' 5 colours? Tea is an object of far other importance. Tea is perhaps the most important object, taking it with its neces- sary connexions, of any in the mighty circle of our commerce. If commercial principles had been the true motives to the repeal, or had they been at all attended to, tea would have 10 been the last article we should have left taxed for a subject of controversy. . 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 15 not having large and liberal ideas in the management of great affairs.-^ Never have the servants of the state looked at the whole of your complicated interests in one connected view. They have taken things by bits and scraps, some at one time and one pretence, and some at another, just as they 20 pressed, without any sort of regard to their relations or de- pendencies. 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 25 these shifts and devices, full of meanness and full of mischief, in order to pilfer piece-meal a repeal of an act, which they had not the generous courage, when they found and felt their error, honourably and fairly to disclaim. By such manage- ment, by the irresistible operation of feeble councils, so paltry 30 a sum. as .threcrpence in the eyes of a financier, so insignifi- 10 SPEECH ON AMERICAN TAXATION cant an article as tea in the eyes of a philosopher, have shaken the pillars of a commercial empire that circled the whole globe. Do you forget that, in the very last year, you stood on the 5 precipice of general bankruptcy? Your danger was indeed great. You were distressed in the affairs of the East India Company ; and you well know what sort of things are in- volved in the comprehensive energy of that significant appel- lation.^ I am not called upon to enlarge to you on that 10 danger, which you thought proper yourselves to aggravate, and to display to the world with all the parade of indiscreet declamation. The monopoly of the most lucrative trades,^ and the possession of imperial revenues, had brought you to the verge of beggary and ruin.^ Such was your represen- 15 tation — such, in some measure, was your case. The vent of ten millions of pounds of this commodity, now locked up by the operation of an injudicious tax, and rotting in the warehouses of the company,'' would have prevented all this distress, and all that series of desperate measures which you 20 thought yourselves obliged to take in consequence of it. America would have furnished that vent, which no other part of the world can furnish but America ; where tea is next to a necessary of life ; and where the demand grows upon the supply. I hope our dear-bought East India committees'* 25 have done us at least so much good, as to let us know, that, without a more extensive sale of that article, our East India revenues and acquisitions can have no certain connexion with this country. It is through the American trade of tea that your East India conquests are to be prevented from cnishing 30 you with their burthen. They are ponderous indeed : and they must have that great country to lean upon, or they SPEECH ON AMERICAN TAXATION 11 tumble upon your head. It is the same folly that has lost you at once the benefit of the west and of the east. This folly has thrown open folding-doors to contraband ; and will be the means of giving the profits of the trade of your colo- nies to every nation but yourselves. Never did a people 5 suffer so much for the empty words of a preamble. It must be given up. For on what principle does it stand ? This famous revenue stands, at this hour, on all the debate as a description of revenue not as yet known in all the compre- hensive (but too comprehensive) vocabulary of finance — a ^o preambulary tax. It is indeed a tax of sophistry, a tax of pedantry, a tax of disputation, a tax of war and rebellion, a tax for anything but benefit to the imposers, or satisfaction to the subject. Well ! but whatever it is, gentlemen will force the colo- 15 nists to take the teas. You will force them? Has seven years' struggle been yet able to force them ? O but it seems " we are in the right. The tax is trifling — in effect it is rather an exoneration than an imposition ; three-fourths of the duty formerly payable on teas exported to America is 20 taken off ; the place of collection is only shifted ; instead of the retention of a shilling from the drawback here, it is three-pence custom paid in America." All this, Sir, is very true. But this is the very folly and mischief of the act. Incredible as it may seem, you know that you have deliber- 25 ately thrown away a large duty which you held secure and quiet in your hands, for the vain hope of getting one three- fourths less, through every hazard, through certain litigation, and possibly through war. The manner of proceeding in the duties on paper and 3P glass, imposed by the same act, was exactly in the same 12- SPEECH ON AMERICAN TAXATION. spirit. There are heavy excises on those articles when used in England. On export, these excises are drawn back.^ But instead of withholding the drawback, which might have been done, with ease, without charge, without possibility of smug- 5 gling ; and instead of applying the money (money already in your hands) according to your pleasure, you began your operations in finance by flinging away your revenue ; you allowed the whole drawback on export, and then you charged the duty, (which you had before discharged,) payable in the 10 colonies ; where it was certain the collection would devour it to the bone, if any revenue were ever suffered to be col- lected at all. One spirit pervades and animates the whole mass.^ Could anything be a subject of more just alarm to America, 15 than to see you go out of the plain high-road of finance, and give up your most certain revenues and your clearest inter- ests, merely for the sake of insulting your colonies ? No man ever doubted that the commodity of tea could bear an impo- sition of three-pence. But no commodity will bear three- 20 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 colonies were formerly the feelings of Great Britain. Theirs were formerly the feelings of Mr. Hampden when called upon for the payment of 25 twenty shillings. Would twenty shiUings have ruined Mr. Hampden's fortune ? No ! but the payment of half twenty shillings, on the principle it was demanded, 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 Ameri- 30 cans are unable and unwilling to bear. It is then. Sir, upon the principle of this measure, and SPEECH ON AMERICAN TAXATION. ]3 nothing else, that we are at issue. It is a principle of politi- cal expediency. Your act of 1767 asserts, that it is expedi- ent to raise a revenue in America; your act of 1769, which takes away that revenue, contradicts the act of 1767 ; and, by something much stronger than words, asserts, that it is not 5 expedient. It is a reflection upon your wisdom to persist in a solemn parliamentary declaration of the expediency of any object, for which, at the same time, you make no sort of provision. And pray, Sir, let not this circumstance escape you ; it is very material ; that the preamble of this act, which 10 we wish to repeal, is not declaratory of a right, as some gen- tlemen seem to argue it ; it is only a recital of the expediency of a certain exercise of a right supposed already to have been asserted ; an exercise you are now contending for by ways and means, which you confess, though they were 15 obeyed, to be utterly insufficient for their purpose. You are therefore at this moment in the awkward situation of fighting for a phantom ; a quiddity ; a thing that wants, not only a substance, but even a name ; for a thing, which is neither abstract right, nor profitable enjoyment. 20 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 encumbrance to you ; for it has of late been ever at war with your interest, your equity, and every idea of your policy. Show the thing you contend for to be reason ; show it to be 25 common sense ; show 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 persever- ance in absurdity, is more than ever I could discern. The honourable gentleman has said well — indeed, in most of his 30 general observations I agree with him — he says, that this 14; SPEECH ON AMERICAN TAXATION. subject does not stand as it did formerly. Oh, certainly not ! Every hour you continue on this ill-chosen ground, your difficulties thicken on you ; and therefore my conclusion is, remove from a bad position as quickly as you can. The 5 disgrace, and the necessity of yielding, both of them, grow upon you every hour of your delay. But will you repeal the act, says the honourable gentle- man, at this instant when America is in open resistance to your authority, and that you have just revived your system of lo taxation? He thinks he has driven us into a corner. But thus pent up, I am content to meet him ; because I enter the lists supported by my old authority, his new friends, the ministers themselves. The honourable gentleman remem- bers, that about five years ago as great disturbances as the 15 present prevailed in America on account of the new taxes. The ministers represented these disturbances as treasonable ; and this House thought proper, on that representation,, to make a famous address for a revival, and for a new apphca- tion of a statute of Henry VHI.^ We besought the king, in 20 that well-considered address, to inquire into treasons, and to bring the supposed traitors from America to Great Britain for trial. His Majesty was pleased graciously to promise a compliance with our request. All the attempts from this side of the House to resist these violences, and to bring 25 about a repeal, were treated with the utmost scorn. An apprehension of the very consequences now stated by the honourable gentleman, was then given as a reason for shut- ting the door against all hope of such an alteration. And so strong was the spirit for supporting the new taxes, that the 30 session concluded with the following remarkable declaration. After stating the vigorous measures which had been pursued, the speech from the throne proceeds ; SPEECH ON AMERICAN TAXATION. 15 Y(Mi have assured me of your firm supp07^t in the prosecu- tion of them. Nothing, in my opinion, could be more likely to enable the well-disposed among my subjects in that pai't of the world, effectually to discourage and defeat the designs of the factious and seditious, than the hearty concurrence of every 5 b?'anch of the legislature, in maintaining the execution of the laws in ^M^xy part of my dominions. After this no man dreamt that a repeal under this ministry could possibly take place. The honourable gentleman knows as well as I, that the idea was utterly exploded by those who 10 sway the House. This speech was made on the ninth day of May, 1769. Five days after this speech, that is, on the 13th of the same month, the public circular letter, a part of which I am going to read to you, was written by Lord Hills- borough, secretary of state for the colonies. After reciting 15 the substance of the king's speech, he goes on thus : " / can take upon me to assure you, notwithstanding in- sinuations to the contrary, from men with factious and sedi- tious views, that his Majesty's present administration have at no time entertained a design to propose to parliament to lay 20 any further taxes upon America for the purpose of Rx^ISING A REVENUE ; and that it is at present their intention to propose, the next session of parliament, to take off the duties upon glass, paper, and colours, upon consideration of such duties having been laid contrary to the true principles of 25 commerce. '^ These have always been, and still are, the sentiments of his Majesty's present ser\^ants ; and by which their conduct in respect to America has been governed. And\\\% Majesty relies upon your prudence and fidelity for such an explanation t,o of his measures, as may tend to remove the prejudices which 16 SPEECH ON AMERICAN TAXATION. have been excited by the misrepresentations of those who are enejnies to the peace and prosperity of Great Britain and her colonies ; and to re-establish that mictiial confidence and affection upon which the glory and safety of the British 5 empij-e depend.''^ Here, Sir, is a canonical book of ministerial scripture ; the general epistle to the Americans. What does the gentleman say to it ? Here a repeal is promised ; prom- ised without condition ; and while your authority was act- io ually resisted. I pass by the public promise of a peer relative to the repeal of taxes by this House. I pass by the use of the king's name in a matter of supply, that sacred and reserved right of the commons. I conceal the ridiculous figure of parliament, hurling its thunders at the 15 gigantic rebellion of America ; and then five days after prostrate at the feet of those assembhes we affected to despise ; begging them, by the intervention of our min- isterial sureties, to receive our submission, and heartily promising amendment. These might have been serious 20 matters formerly ; but we are grown wiser than our fathers. Passing, therefore, from the constitutional consideration to • the mere policy, does not this letter imply, that the idea of taxing America for the purpose of revenue is an abomi- nable project; when the ministry suppose that none but 25 factious men, and with seditious views, could charge them with it? does not this letter adopt and sanctify the Ameri- can distinction of taxing for a revenue ? does it not formally reject all future taxation on that principle ? does it not state the ministerial rejection of such principle of taxation, not 30 as the occasional, but the constant, opinion of the king's servants? does it not say, (I care not how consistently,) SPEECH ON AMERICAN TAXATION. 17 but does it not say, that their conduct with regard to America has been always governed by this poHcy ? It goes a great deal further. These excellent and trusty servants of the king, justly fearful lest they themselves should have lost all credit with the world, bring out the image of their 5 gracious sovereign from the inmost and most sacred shrine, and they pawn him as a security for their promises. — " His Majesty relies on your prudence and fidelity for such an explanation of his measures." These sentiments of the minister, and these measures of his Majesty, can only relate 10 to the principle and practice of taxing for a revenue ; and accordingly Lord Botetourt, stating it as such, did, with great propriety, and in the exact spirit of his instructions, endeavour to remove the fears of the Virginian assembly,^ lest the sentiments, which it seems (unknown to the world) 15 had always been those of the ministers, and by which their conduct in respect to America had been goveiiied, should by some possible revolution, favourable to wicked American taxes, be hereafter counteracted. He addresses them in this manner : 20 It may possibly be objected, that, as his Majesty' s present administration are not immortal, their sticcessors may be inclined to attempt to undo what the present ministers shall have attempted to peij'orm ; and to that objection I can give but this answer ; that it is my jirm opinion, that the plan I 25 have stated to you wjll certaiiily take place ; and that it will never be depai'ted from ; and so deter??iined am I for ever to abide by it, that I will be content to be declared infamous, if I do not, to the last hour of my life, at all times, in all places, and upon all occasions, exei^t every power with which 30 / either am or ever shall be legally invested, in order to ob- 18 SPEECH ON AMERICAN TAXATION. tain and mdAXitdXwfor the continent of America //z^/ satisfac- tion which I have been authorized to pj'omise this day, by the confidential servants of our gracious sovereign, who to my certaiji knowledge rates his honour so high, that he would 5 rather part with his crown, than preserve it by deceit. A glorious and true character ! which (since we suffer his ministers with impunity to answer for his ideas of taxa- tion) we ought to make it our business to enable his Ma- jesty to preserve in all its lustre. Let him have character, 10 since ours is no more ! Let some part of government be kept in respect ! This epistle was not the letter of Lord Hillsborough solely ; though he held the official pen. It was the letter of the noble lord upon the floor/ and of all the king's then 15 ministers, who (with I think the exception of two only) are his ministers at this hour. The very first news that a Brit- ish parliament heard of what it was .to do with the duties which it had given and granted to the king, was by the pub- lication of the votes of American assembhes. It was in 20 America that your resolutions were pre-declared. It was from thence that we knew to certainty, how much exactly, and not a scruple more or less, we were to repeal. We were unworthy to be let into the secret of our own conduct. The assemblies had confidential communications from his 25 Majesty's confidential servants. We were nothing but in- struments. Do you, after this, wonder that you have no weight and no respect in the colonies? After this, are you surprised, that parliament is every day and everywhere losing (I feel it with sorrow, I utter it with reluctance) that 30 reverential affection, which so endearing a name of authority ought ever to carry with it ; that you are obeyed solely from SPEECH ON AMERICAN TAXATION. 19 respect to the bayonet ; and that this House, the ground and pillar of freedom, is itself held up only by the treach- erous under-pinning and clumsy buttresses of arbitrary power? If this dignity, which is to stand in the place of just policy 5 and common sense, had been consulted, there was a time for preserving it, and for reconcihng it with any concession. If in the session of 1 768, that session of idle terror and empty menaces, you had, as you were often pressed to do, repealed these taxes ; then your strong operations would have come 10 justified and enforced, in case your concessions had been returned by outrages. But, preposterously, you began with violence ; and before terrors could have any effect, either good or bad, your ministers immediately begged pardon, and promised that repeal to the obstinate Americans, which they 15 had refused in an easy, good-natured, complying British parliament. The assemblies, which had been publicly and avowedly dissolved for their contumacy, are called together to receive your submission. Your ministerial directors blus- tered like tragic tyrants here ; and then went mumping 20 with a sore leg in America, canting and whining, and com- plaining of faction, which represented them as friends to a revenue from the colonies. I hope nobody in this House will hereafter have the impudence to defend American taxes in the name of ministry. The moment they do, with this 25 letter of attorney in my hand, I will tell them, in the author- ized terms, they are wretches, "with factious and seditious views ; enemies to the peace and prosperity of the mother country and the colonies," and subverters '^of the mutual affection and confidence on which the glory and safety of 30 the British empire depend." 20 SPEECH ON AMERICAN TAXATION. After this letter the question is no more on propriety or dignity. They are gone already. The faith of your sover- eign is pledged for the political principle. The general declaration in the letter goes to the whole of it. You must 5 therefore either abandon the scheme of taxing ; or you must send the ministers tarred and feathered to America, who dared to hold out the royal faith for a renunciation of all taxes for revenue. Them you must punish, or this faith you must preserve. The preservation of this faith is of more lo consequence than the duties on red lead or white lead, or on broken glass, or atlas- ordinary, or demy-fine, or blue ?'oyal, or bastard, oxfooPs-cap, which you have given up ; or the three- pence on tea which you retained. The letter went stamped with the public authority of this kingdom. The instructions 15 for the colony government go under no other sanction ; and America cannot believe, and will not obey you, if you do not preserve this channel of communication sacred. You are now punishing the colonies for acting on distinctions, held out by that very ministry which is here shining in riches, in 20 favour, and in power ; and urging the punishment of the very offence to which they had themselves been the tempters. Sir, if reasons respecting simply your own commerce, which is your own convenience, were the sole ground of the repeal of the five duties ; why does Lord Hillsborough, in 25 disclaiming in the name of the king and ministry their ever having had an intent to tax for revenue, mention it as the means "of re-establishing the confidence and affection of the colonies ? " Is it a way of soothing others, to assure them that you will take good care of yourself? The medium, the 30 only medium, for regaining their affection and confidence, is, that you will take off something oppressive to their minds. SPEECH ON AMERICAN TAXATION. 21 Sir, the letter strongly enforces that idea : for though the repeal of the taxes is promised on commercial principles, yet the means of comiteracting " the insinuations of men with factious and seditious views," is, by a disclaimer of the intention of taxing for revenue, as a constant, invariable sen- 5 timent and rule of conduct in the government of America. I remember that the noble lord on the floor, not in a former debate to be sure, (it would be disorderly to refer to it, I suppose I read it somewhere,) but the noble lord was pleased to say, that he did not conceive how it could enter 10 into the head of man to impose such taxes as those of 1767 ; I mean those taxes which he voted for imposing, and voted for repealing ; as being taxes contrary to all the principles of commerce, laid on British mamifactures. I dare say the noble lord is perfectly well read, because 15 the duty of his particular office requires he should be so, in all our revenue laws ; and in the policy which is to be col- lected out of them. Now, Sir, when he had read this act of American revenue, and a little recovered from his astonish- ment, I suppose he made one step retrograde (it is but one) 20 and looked at the act which stands just before in the statute- book. The American revenue act is the forty-fifth chapter ; the other to which I refer is the forty-fourth of the same session. These two acts are both to the same purpose ; both revenue acts ; both taxing out of the kingdom ; and 25 both taxing British manufactures exported. As the forty- fifth is an act for raising a revenue in America, the forty- fourth is an act for raising a revenue in the Isle of Man.^ The two acts perfectly agree in all respects, except one. In the act for taxing the Isle of Man, the noble lord will find 30 (not, as in the American act, four or five articles) but almost 22 SPEECH ON AMERICAN TAXATION. the whole body of British manufactures, taxed from two and a half to fifteen per cent., and some articles, such as that of spirits, a great deal higher. You did not think it uncom- mercial to tax the whole mass of your manufactures, and, let 5 me add, your agriculture too ; for, I now recollect, British corn is there also taxed up to ten per cent., and this too in the very head quarters, the very citadel of smuggling, the Isle of Man. Now will the noble lord condescend to tell me why he repealed the taxes on your manufactures sent 10 out to America, and not the taxes on the manufactures exported to the Isle of Man? The principle was exactly the same, the objects charged infinitely more extensive, the duties, without comparison, higher. Why? Why, notwith- standing all his childish pretexts, because the taxes were 15 quietly submitted to in the Isle of Man ; and because they raised a flame in America. Your reasons were political, not commercial. The repeal was made, as Lord Hillsborough's letter well expresses it, to regain '' the confidence and affec- tion of the colonies, on which the glory and safety of the 20 British empire depend." A wise and just motive surely, if ever there was such. But the mischief and dishonour is, that you have not done what you had given the colonies just cause to expect, when your ministers disclaimed the idea of taxes for a revenue. There is nothing simple, nothing manly, 25 nothing ingenuous, open, decisive, or steady, in the proceed- ing, with regard either to the continuance or the repeal of the taxes. The whole has an air of httleness and fraud. The article of tea is slurred over in the circular letter, as it were by accident — nothing is said of a resolution either to 30 keep that tax, or to give it up. There is no fair dealing in any part of the transaction. SPEECH ON AMERICAN TAXATION. 23 If you mean to follow your true motive and your public faith, give up your tax on tea for raising a revenue, the prin- ciple of which has, in effect, been disclaimed in your name ; and which produces you no advantage ; no, not a penny. Or, if you choose to go on with a poor pretence instead of a 5 solid reason, and will still adhere to your cant of commerce, you have ten thousand times more strong commercial reasons for giving up this duty on tea, than for abandoning the five , others that you have already renounced. The American consumption of teas is annually, I believe, 10 worth ^^300,000 at the least farthing. If you urge the American violence as a justification of your perseverance in enforcing this tax, you know that you can never answer this plain question — Why did you repeal the others given in the same act, whilst the very same violence subsisted ? — But you 15 did not find the violence cease upon that concession. — No ! because the concession was far short of satisfying the prin- ciple which Lord Hillsborough had abjured ; or even the pretence on which the repeal of the other taxes was an- nounced ; and because, by enabling the East India Company 20 to open a shop for defeating the American resolution not to pay that specific tax, you manifestly showed a hankering after the principle of the act which you formerly had re- nounced. Whatever road you take leads to a compHance with this motion. It opens to you at the end of every vista. 25 Your commerce, your policy, your promises, your reasons, your pretences, your consistency, your inconsistency — all jointly oblige you to this repeal.^ But still it sticks in our throats, if we go so far, the Ameri- cans will go farther. We do not know that. We ought, 3° from experience, rather to presume the contrary. Do we 24 SPEECH ON AMERICAN TAXATION. not know for certain that the Americans are going on as fast as possible, whilst we refuse to gratify them ? Can they do more, or can they do worse, if we yield this point ? I think this concession will rather fix a turnpike to prevent their 5 further progress. It is impossible to answer for bodies of men. But I am sure the natural effect of fidelity, clemency, kindness in governors, is peace, good-will, order, and esteem on the part of the governed. I would certainly, at least, give these fair principles a fair trial ; which, since the mak- 10 ing of this act to this hour, they never have had. Sir, the honourable gentleman having spoken what he thought necessary upon the narrow part of the subject, I have given him, I hope, a satisfactory answer. He next presses me by a variety of direct challenges and oblique 15 reflections to say something on the historical part. I shall therefore. Sir, open myself fully on that important and deli- cate subject ; not for the sake of telling you a long story, (which I know, Mr. Speaker, you are not particularly fond of,) but for the sake of the weighty instruction that, I flatter 20 myself, will necessarily result from it. I shall not be longer, if I can help it, than so serious a matter requires. Permit me then, Sir, to lead your attention very far back ; back to the act of navigation ; ^ the corner-stone of the policy of this country with regard to its colonies. Sir, that policy 25 was, from the beginning, purely commercial ; and the com- mercial system was wholly restrictive. It was the system of a monopoly. No trade was let loose from that constraint, but merely to enable the colonists to dispose of what, in the course of your trade, you could not take ; or to enable them 30 to dispose of such articles as we forced upon them, and for which, without some degree of Hberty, they could not pay. SPEECH ON AMERICAN TAXATION 25 Hence all your specific and detailed enumerations : hence the innumerable checks and counterchecks : hence that in- finite variety of paper chains by which you bind together this comphcated system of the colonies. This principle of com- mercial monopoly runs through no less than twenty-nine acts 5 of parliament, from the year 1660 to the unfortunate period of 1764. In all those acts the system of commerce is established, as that, from whence alone you proposed to make the colonies contribute (I mean directly and by the operation of your 10 superintending legislative power) to the strength of the em- pire. I venture to say, that during that whole period, a parliamentary revenue from thence was never once in con- templation. Accordingly, in all the number of laws passed with regard to the plantations, the words which distinguish 15 revenue laws, specifically as such, were, I think, premeditately avoided. I do not say. Sir, that a form of words alters the nature of the law, or abridges the power of the lawgiver. It certainly does not. However, titles and formal preambles are not always idle words ; and the lawyers frequently argue 20 from them. I state these facts to show, not what was your right, but what has been your settled policy. Our revenue laws have usually a title, purporting their being grants ; and the words give and grant usually precede the enacting parts. Although duties were imposed on America in acts of King 25 Charles II. and in acts of King William, no one title of giving " an aid to his Majesty," or any other of the usual titles to revenue acts, was to be found in any of them till 1764 ; nor were the words " give and grant " in any preamble until the 6th of George II. However, the title of this act of George 30 II., notwithstanding the words of donation, considers it 26 SPEECH ON AMERICAN TAXATION merely as a regulation of trade, '^ an act for the better secur- ing of the trade of his Majesty's sugar colonies in America." This act was made on a compromise of all, and at the express desire of a part, of the colonies themselves. It was therefore 5 in some measure with their consent ; and having a title directly purporting only a commercial regulation, and being in truth nothing more, the words were passed by, at a time when no jealousy was entertained, and things were little scrutinized. Even Governor Bernard,^ in his second printed lo letter, dated in 1763, gives it as his opinion, that " it was an act oi prohibition, not of revenue." This is certainly true, that no act avowedly for the purpose of revenue, and with the ordinary title and recital taken together, is found in the statute book until the year 1764. All before this period 15 stood on commercial regulation and restraint. The scheme of a colony revenue by British authority appeared therefore to the Americans in the light of a great innovation ; the words of Governor Bernard's ninth letter, written in Nov. 1765, state this idea very strongly; ''it must," says he, 20 " have been supposed, such an innovation as a parliai7icn- tary taxation would cause a great alarm, and meet with much opposition in most parts of America ; it was quite new to the people, and had no visible bounds set to it." After stating the weakness of government there, he says, "was this a time 25 to introduce so great a novelty as a parliamentary inland taxation in America?" Whatever the right might have been, this mode of using it was absolutely new in policy and practice. Sir, they who are friends to the schemes of American rev- 30 enue say, that the commercial restraint is full as hard a law for America to live under. I think so too. I think it, if SPEECH ON AMERICAN TAXATION. 27 uncompensated, to be a condition of as rigorous servitude as men can be subject to. But America bore it from the fundamental act of navigation until 1764. Why? because men do bear the inevitable constitution of their original nature with all its infirmities. The act of navigation at- 5 tended the colonies from their infancy, grew with their 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. Besides, they were indemni- 10 fied for it by a pecuniary compensation. Their monopolist happened to be one of the richest men in the world. By his immense capital (primarily employed, not for their bene- fit, but his own) they were enabled to proceed with their fisheries, their agriculture, their ship-building, (and their 15 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 20 and commodious life, but they seem to me rather ancient nations grown to perfection through a long series of fortunate events, and a train of successful industry, accumulating wealth in many centuries, than the colonies of yesterday ; than a set of miserable outcasts, a few years ago, not so 25 much 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 acquired com- 30 merce, but you actually created the very objects of trade in 28 SPEECH ON AMERICAN TAXATION. America ; and by that creation you raised the trade of this kingdom at least fourfold. America had the compensation of your capital, which made her bear her servitude. She had another compensation, which you are now going to take 5 away from her. She had, except the commercial restraint, every characteristic mark of a free people in all her internal concerns. She had the image of the British constitution. She had the substance. She was taxed by her own repre- sentatives. She chose most of her own magistrates. She 10 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 comparing it with the ordinary cir- cumstances of human nature, it was a happy and a liberal 15 condition. I know. Sir, that great and not unsuccessful pains have been taken to inflame our minds by an outcry, in this House and out of it, that in America the act of navigation neither is, nor ever was, obeyed. But if you take the colonies 20 through, I affirm, that its authority never was disputed ; that it was nowhere disputed for any length of time ; and, on the whole, that it was well observed. Wherever the act passed hard, many individuals indeed evaded it. This is nothing. These scattered individuals never denied the law, 25 and never obeyed it. Just as it happens whenever the laws of trade, whenever the laws of revenue, press hard upon the people in England ; in that case all your shores are full of contraband. Your right to give a monopoly to the East India Company, your right to lay immense duties on French 30 brandy, are not disputed in England. You do not make this cliarge on any man. But you know that there is not a SPEECH ON AMERICAN TAXATION. 29 creek from Pentland Frith to the Isle of Wight, in which they do not smuggle immense quantities of teas, East India goods, and brandies. I take it for granted, that the authority of Governor Bernard in this point is indisputable. Speaking of these laws as they regarded that part of America now in 5 so unhappy a condition, he says, " I beUeve they are no- where better supported than in this province ; I do not pretend that it is entirely free from a breach of these laws ; but that such a breach, if discovered, is justly punished." What more can you say of the obedience to any laws in any 10 country? An obedience to these laws formed the acknowl- edgment, instituted by yourselves, for your superiority j and was the payment you originally imposed for your protection. Whether you were right or wrong in establishing the colonies on the principles of commercial monopoly, rather 15 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 external taxation, is an unnatural union ; perfect, uncompensated 20 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 25 last war. Then a scheme of government new in many things seemed to have been adopted. I saw, or I 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 estabhshed 30 of keeping up no less than twenty new regiments, with 30 SPEECH ON AMERICAN TAXATION. twenty colonels capable of seats in this House. This scheme was adopted with very general applause from all sides, at the very time that, by your conquests in America, your danger from foreign attempts in that part of the 5 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 econ- omy, and the great resisters of a standing armed force, 10 would not have entered with 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 in par- ticular, I well remember, that Mr. Townshend, in a brilliant 15 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, 20 when it was devolved upon a person to whom, on other accounts, this country owes very great obligations. I do beheve, 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 25 circuit of our affairs. He generally considered his objects in lights that were rather too detached. Whether the busi- ness 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 30 SPEECH ON AMERICAN TAXATION 31 first brought this fatal scheme into form, and estabhshed it by act of parUament. 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 patty diiferences have 5 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 understand- ing, and a stout and resolute heart, he had an application 10 undissipated and unwearied. He took pubHc business, 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 ambi- 15 tious, 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 service ; and to secure to himself a well-earned rank in parliament, 20 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 defects not intrinsical ; they must be rather sought in the particular habits of his hfe ; which, though they do not alter the ground- 25 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 the first and noblest of human sciences ; a science which does more to quicken and invigorate the understanding, than all the other kinds of learning put to- 30 gether ; but it is not apt, except in persons very happily 32 SPEECH ON AMERICAN TAXATION. born, to open and to liberalize 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 mto the business of office ; and the limited and fixed 5 methods and forms established there. Much knowledge is to be had undoubtedly in that fine ; and there is no knowl- edge which is not valuable. But it may be truly said, that men too much conversant in office are rarely minds of remarkable enlargement. Their habits of office are apt to 10 give them a turn to think the substance of business not to be much more important than the forms in which it is conducted. These forms are adapted to ordinary occa- sions ; and therefore persons who are nurtured in office do admirably well as long as things go on in their common 15 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 precedent, then it is that a greater knowledge of mankind, and a far more extensive compre- hension of things, is requisite, than ever office gave, or than 20 office can ever give.^ Mr. Grenville thought better of the wisdom and power of human 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 institution, and not quite so much to 25 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 was 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, 30 well understood. But I do say, that if the act be suffered to run the full length of its principle, and is not changed SPEECH ON AMERICAN TAXATION Zl and modified 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 5 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. 10 It is the nature of all greatness 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, 15 which are closely 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 20 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 called upon in his official line, he presented a very strong memorial to the lords of the treasury, (my Lord Bute was then at the 25 head of the board,) heavily complaining of the growth of the illicit commerce in America. Some mischief happened even at that time from this over-earnest zeal. Much greater hap- pened afterwards, when it operated with greater power in the highest department of the finances. The bonds of the 30 act of navigation were straitened so much, that America was 34 SPEECH ON AMERICAN TAXATION. on the point of having no trade, either contraband or legiti- mate. 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 commod- 5 ities ; with regulations which in a manner put a stop to the mutual coasting intercourse of the colonies ; with the ap- pointment of courts of admiralty^ under various improper circumstances ; with a sudden extinction of the paper cur- rencies ;2 with a compulsory provision for the quartering of lo soldiers ; the people of America thought themselves pro- ceeded against as delinquents, or, at best, as people under suspicion of delinquency; and in such a manner as, they imagined, their recent services in the war did not at all merit.^ Any of these innumerable regulations, perhaps, would not 15 have alarmed alone ; some might be thought reasonable ; the multitude struck them with terror. But the grand manoeuvre in that business of new regulat- ing the colonies, was the 15th act of the fourth of George III. ; which, besides containing several of the matters to 20 which I have just alluded, opened a new principle ; and here properly began the second period of the policy of this coun- try with regard to the colonies ; by which the scheme of a regular plantation parliamentary revenue was adopted in theory, and settled in practice. A revenue not substituted 25 in the place of, but superadded to, a monopoly; which monopoly was enforced at the same time with additional strictness, and the execution put into mihtary hands. This act, Sir, had for the first time the title of " granting duties in the colonies and plantations of America ; " and for 30 the first time it was asserted in the preamble, " that it was just and necessary that a revenue should be raised there." SPEECH ON AMERICAN TAXATION. 35 Then came the technical words of "givmg and granting," and thus a complete American revenue act was made in all the forms, and with a full avowal of the right, equity, policy, and even necessity of taxing the colonies, without any formal consent of theirs. There are contained also in the preamble 5 to that act these very remarkable words — the commons, etc. — "being desirous to make some provision in the present session of parhament towards raising the said revenue." By these words it appeared to the colonies, that this act was but a beginning of sorrows ; that every session was to pro- 10 duce something of the same kind ; that we were to go on, from day to day, in charging them with such taxes as we pleased, for such a military force as we should think proper. Had this plan been pursued, it was evident that the provin- cial assemblies, in which the Americans felt all their portion 15 of importance, and beheld their sole image of freedom, were ipso facto annihilated. This ill prospect before them seemed to be boundless in extent, and endless in duration. Sir, they were not mistaken. The ministry valued themselves when this act passed, and when they gave notice of the stamp act, 20 that both of the duties came very short of their ideas of American taxation. Great was the applause of this measure here. In England we cried out for new taxes on America, whilst they cried out that they were nearly crushed with those which the war and their own grants had brought upon 25 them. Sir, it has been said in the debate, that when the first American revenue act (the act in 1 764, imposing the port duties) passed, the Americans did not object to the principle.^ It is true they touched it but very tenderly. It was not a 30 direct attack. They were, it is true, as yet novices ; as yet 36 SPEECH ON AMERICAN TAXATION. unaccustomed to direct attacks upon any of the rights of parliament. The duties were port duties, hke those they had been accustomed to bear ; with this difference, that the title was not the same, the preamble not the same, and the spirit 5 altogether unHke. But of what service is this observation to the cause of those that make it ? It is a full refutation of the pretence for their present cruelty to America ; for it shows, out of their own mouths, that our colonies were backward to enter into the present vexatious and ruinous controversy. lo There is also another circulation abroad, (spread with a malignant intention, which I cannot attribute to those who say the same thing in this House,) that Mr. Grenville gave the colony agents an option for their assembhes to tax them- selves, which they had refused. I find that much stress is 15 laid on this, as a fact. However, it happens neither to be true nor possible. I will observe first, that Mr. Grenville never thought fit to make this apology for himself in the innumerable debates that were had upon the subject. He might have proposed to the colony agents, that they should 20 agree in some mode of taxation as the ground of an act of parliament. But he never could have proposed that they should tax themselves on requisition, which is the assertion of the day. Indeed, Mr. Grenville well knew, that the colony agents could have no general powers to consent to it ; 25 and they had no time to consult their assemblies for particular powers, before he passed his first revenue act. If you com- pare dates, you will find it impossible. Burthened as the agents knew the colonies were at that time, they could not give the least hope of such grants. His own favourite gov- 30 ernor was of opinion that the Americans were not then tax- able objects : SPEECH ON AMERICAN TAXATION 37 '^ Nor was the time less favotwabk to the equity of such a taxation. I don't mean to disputa the reasonableness of Amei'ica contributing to the charges of Great Britain when she is able ; nor, I believe, would the Americans themselves have disputed it, at a proper time and season. But it should 5 be considered that the American governfnents themselves have, in the prosecution of the late war, contracted very large debts; which it will take some years to pay off, and in the mean time occasion very burdensome taxes for that purpose only. For instance, this government, which is as much beforehand as 10 any, raises every year ^^il^^^^ sterling for sinking their debt, and must contimie it for four years longer at least before it will be clear.'' These are the words of Governor Bernard's letter to a member of the old ministry, and which he has since printed. 15 Mr. Grenville could not have made this proposition to the agents, for another reason. He was of opinion, which he has declared in this House an hundred times, that the colonies could not legally grant any revenue to the crown ; and that infinite mischiefs would be the consequence of such a power. 20 When Mr. Grenville had passed the first revenue act, and in the same session had made this House come to a resolution for laying a stamp duty on America, between that time and the passing the stamp act into a law, he told a considerable and most respectable merchant, a member of this House, 25 whom I am truly sorry I do not now see in his place, when he represented against this proceeding, that if the stamp duty was disliked, he was willing to exchange it for any other equally productive ; but that, if he objected to the Americans being taxed by parliament, he might save himself the trouble 30 of the discussion, as he was determined on the measure. 38 SPEECH ON AMERICAN TAXATION. This is the fact, and, if you please, I will mention a very unquestionable authority for it. Thus, Sir, I have disposed of this falsehood. But false- hood has a perennial spring. It is said, that no conjecture 5 could be made of the dislike of the colonies to the principle. This is as untrue as the other. After the resolution of the House, and before the passing of the stamp act, the colonies of Massachusetts Bay and New York did send remonstrances, objecting to this mode of parliamentary taxation. What was 10 the consequence ? They were suppressed ; they were put under the table, notwithstanding an order of council to the contrary, by the ministry which composed the very council that had made the order : and thus the House proceeded to its business of taxing without the least regular knowledge 15 of the objections which were made to it. But to give that House its due, it was not over-desirous to receive informa- tion, or to hear remonstrance. On the 15th of February, 1 765, whilst the stamp act was under deliberation, they re- fused with scorn even so much as to receive four petitions 20 presented from so respectable colonies as Connecticut, Rhode Island, Virginia, and Carolina ; besides one from the traders of Jamaica. As to the colonies, they had no alternative left to them, but to disobey ; or to pay the taxes imposed by that parliament which was not suffered, or did not suffer 25 itself, even to hear them remonstrate upon the subject. This was the state of the colonies before his Majesty thought fit to change his ministers. It stands upon no authority of mine. It is proved by uncontrovertible records. The honourable gentleman has desired some of us to lay our ? hands upon our hearts, and answer to his queries upon the historical part of this consideration ; and by his manner (as SPEECH ON AMERICAN TAXATION. 39 well as my eyes could discern it) he seemed to address him- self to me. Sir, I will answer him as clearly as I am able, and with great openness ; I have nothing to conceal. In the year sixty-five, being in a very private station, far enough from 5 any line of business, and not having the honour of a seat in this House, it was my fortune, unknowing and unknown to the then ministry, by the intervention of a common friend, to become connected with a very noble person, and at the head of the treasury department. It was indeed in a situa- 10 tion^ of little rank and no consequence, suitable to the medi- ocrity of my talents and pretensions. But a situation near enough to enable me to see, as well as others, what was going on ; and I did see in that noble person such sound principles, such an enlargement of mind, such clear and sagacious sense, 15 and such unshaken fortitude, as have bound me, as well as others much better than me, by an inviolable attachment to him from that time forward. Sir, Lord Rockingham very early in that summer received a strong representation from many weighty English merchants and manufacturers, from 20 governors of provinces and commanders of men of war, against almost the whole of the American commercial regu- lations : and particularly with regard to the total ruin which was threatened to the Spanish trade. I believe. Sir, the noble lord soon saw his way in this business. But he did 25 not rashly determine against acts which it might be supposed were the result of much deliberation. However, Sir, he scarcely began to open the ground, when the whole veteran body of office took the alarm. A violent outcry of all (ex- cept those who knew and felt the mischief) was raised against 30 any alteration. On one hand, his attempt was a direct vio- 40 SPEECH ON AMERICAN TAXATION lation of treaties and public law ; on the other, the act of navigation and all the corps of trade laws were drawn up in array against it. The first step the noble lord took, was to have the opinion 5 of his excellent, learned, and ever-lamented friend the late Mr. Yorke/ then attorney-general, on the point of law. When he knew that formally and officially, which in sub- stance he had known before, he immediately despatched orders to redress the grievance. But I will say it for the 10 then minister, he is of that constitution of mind, that I know he would have issued, on the same critical occasion, the very same orders, if the acts of trade had been, as they were not, directly against him ; and would have cheerfully submitted to the equity of parliament for his indemnity. 15 On the conclusion of this business of the Spanish trade, the news of the troubles, on account of the stamp act, arrived in England. It was not until the end of October that these accounts were received. No sooner had the sound of that mighty tempest reached us in England, than the whole of 20 the then opposition, instead of feeling humbled by the un- happy issue of their measures, seemed to be infinitely elated, and cried out, that the ministry, from envy to the glory of their predecessors, were prepared to repeal the stamp act. Near nine years after, the honourable gentleman takes quite 25 opposite ground, and now challenges me to put my hand to my heart, and say, whether the ministry had resolved on the repeal till a considerable time after the meeting of parlia- ment. Though I do not very well know what the honour- able gentleman wishes to infer from the admission, or from 30 the denial, of this fact, on which he so earnestly adjures me ; I do put my hand on my heart, and assure him, that they did SPEECH ON AMERICAN TAXATION. 41 not come to a resolution directly to repeal. They weighed this matter as its difficulty and importance required. They considered maturely among themselves. They consulted with all who could give advice or information. It was not determined until a Httle before the meeting of parliament ; 5 but it was determined, and the main lines of their own plan marked out, before that meeting. Two questions arose — (I hope I am not going into a narrative troublesome to the House) — [A cry of, Go on, go on.] 10 The first of the two considerations was, whether the repeal should be total, or whether only partial ; taking out every- thing burthensome and productive, and reserving only an empty acknowledgment, such as a stamp on cards or dice. The other question was, on what principle the act should be 15 repealed? On this head also two principles were started. One, that the legislative rights of this country, with regard to America, were not entire, but had certain restrictions and limitations. The other principle was, that taxes of this kind were contrary to the fundamental principles of commerce on 20 which the colonies were founded ; and contrary to every idea of political equity ; by which equity we ar.e bound, as much as possible, to extend the spirit and benefit of the British constitution to every part of the British dominions. The option, both of the m.easure, and of the principle of repeal, 25 was made before the session j and I wonder how any one can read the king's speech at the opening of that session, without seeing in that speech both the repeal and the declaratory act very sufficiently crayoned out. Those who cannot see this can see nothing. 3^ Surely the honourable gentleman will not think that a 42 SPEECH ON AMERICAN TAXATION great deal less time than was then employed ought to have been spent in deliberation, when he considers that the news of the troubles did not arrive till towards the end of October. The parliament sat to fill the vacancies on the 14th day of 5 December, and on business the 14th of the following January. Sir, a partial repeal, or, as the bon ton of the court then was, a modification^ would have satisfied a timid, unsystem- atic, procrastinating ministry, as such a measure has since done such a ministry. A modification is the constant re- 10 source of weak, undeciding minds. To repeal by the denial of our right to tax in the preamble, (and this too did not want advisers,) would have cut, in the heroic style, the Gordian knot with a sword. Either measure would have cost no more than a day's debate. But when the total re- 15 peal was adopted ; and adopted on principles of policy, of equity, and of commerce ; this plan made it necessary to enter into many and difficult measures. It became necessary to open a very large field of evidence commensurate to these extensive views. But then this labor did knight's service. 20 It opened the eyes of several to the true state of the Amer- ican affairs ; it enlarged their ideas ; it removed prejudices ; and it conciliated the opinions and affections of men. The noble lord, who then took the lead in administration, my honourable friend ' under me, and a right honourable gentle- 25 man,- (if he will not reject his share, and it was a large one, of this business,) exerted the most laudable industry in bring- ing before you the fullest, most impartial, and least garbled body of evidence that ever was produced to this House. I think the inquiry lasted in the committee for six weeks ; 30 and, at its conclusion, this House, by an independent, noble, spirited, and unexpected majority; by a majority that will SPEECH ON AMERICAN TAXATION 43 redeem all the acts ever done by majorities in parliament ; in the teeth of all the old mercenary Swiss of state, in de- spite of all the speculators and augurs of political events, in defiance of the whole embattled legion of veteran pensioners and practised instruments of a court, gave a total repeal to 5 the stamp act, and (if it had been so permitted) a lasting peace to this whole empire. I state, Sir, these particulars, because this act of spirit and fortitude has lately been, in the circulation of the season, and in some hazarded declamations in this House, attributed 10 to timidity. If, Sir, the conduct of ministry, in proposing the repeal, had arisen from timidity with regard to them- selves, it would have been greatly to be condemned. Inter- ested timidity disgraces as much in the cabinet, as personal timidity does in the field. But timidity, with regard to the 15 well-being of our country, is heroic virtue. The noble lord who then conducted affairs, and his worthy colleagues, whilst they trembled at the prospect of such distresses as you have since brought upon yourselves, were not afraid steadily to look in the face that glaring and dazzling influence at which 20 the eyes of eagles have blenched. He looked in the face one of the ablest, and, let me say, not the most scrupulous, oppositions, that perhaps ever was in this House ; and with- stood it, unaided by even one of the usual supports of ad- ministration. He did this when he repealed the stamp act. 25 He looked in the face of a person he had long respected and regarded, and whose aid was then particularly wanting ; I mean Lord Chatham. He did this when he passed the declaratory act. It is now given out for the usual purposes by the usual 30 emissaries, that Lord Rockingham did not consent to the 44 SPEECH ON AMERICAN TAXATION. repeal of this act until he was buUied into it by Lord Chat- ham ; and the reporters have gone so far as publicly to assert, in a hundred companies, that the honourable gentleman under the gallery ^ who proposed the repeal in the American 5 committee, had another set of resolutions in his pocket directly the reverse of those he moved. These artificers of a desperate cause are at this time spread abroad, with incred- ible care, in every part of the town, from the highest to the lowest companies ; as if the industry of the circulation were lo to make amends for the absurdity of the report. Sir, whether the noble lord is of a complexion to be bullied by Lord Chatham, or by any man, I must submit to those who know him. I confess, when I look back to that time, I consider him as placed in one of the most trying situations in 15 which, perhaps, any man ever stood. In the House of Peers there were very few of the ministry, out of the noble lord's own particular connexion, (except Lord Egmont, who acted, as far as I could discern, an honourable and manly part,) that did not look to some other future arrangement, which 20 warped his politics. There were in both Houses new and menacing appearances, that might very naturally drive any other, than a most resolute minister, from his measure or from his station. The household troops openly revolted. The allies of ministry (those, I mean, who supported some 25 of their measures, but refused responsibility for any) endeav- oured to undermine their credit, and to take ground that must be fatal to the success of the very cause which they would be thought to countenance. The question of the re- peal was brought on by ministry in the committee of this 30 House, in the very instant when it was known that more than one court negotiation was carrying on with the heads of SPEECH ON AMERICAN TAXATION 45 the opposition. Everythiug, upon every side, was full of traps and mines. Earth below shook ; heaven above menaced ; all the elements of ministerial safety were dissolved. It was in the midst of this chaos of plots and counter-plots ; it was in the midst of this complicated warfare against public op- 5 position and private treachery, that the firmness of that noble person was put to the proof. He never stirred from his ground ; no, not an inch. He remained fixed and deter- mined, in principle, in measure, and in conduct. He prac- tised no managements. He secured no retreat. He sought 10 no apology.^ I will likewise do justice, I ought to do it, to the honour- able gentleman who led us in this House. Far from the duplicity wickedly charged on him, he acted his part with alacrity and resolution. We all felt inspired by the example 15 he gave us, down even to myself, the weakest in that pha- lanx. I declare for one, I knew well enough (it could not be concealed from anybody) the true state of things ; but, in my life, I never came with so much spirits into this House. It was a time for a man to act in. We had power- 20 ful enemies ; but we had faithful and determined friends ; and a glorious cause. We had a great battle to fight ; but we had the means of fighting ; not as now, when our arms are tied behind us. We did fight that day, and conquer. I remember. Sir, with a melancholy pleasure, the situation 25 of the honourable gentleman who made the motion for the repeal; in that crisis, when the whole trading interest of this empire, crammed into your lobbies, with a trembling and anxious expectation, waited, almost to a winter's return of light, their fate from your resolutions. When, at length, 30 you had determined in their favour, and your doors, thrown 46 SPEECH ON AMERICAN TAXATION. open, showed them the figure of their dehverer in the well- earned triumph of his important victory, from the whole of that grave multitude there arose an involuntary burst of gratitude and transport. They jumped upon him like chil- 5 dren on a long absent father. They clung about him as captives about their redeemer. All England, all America, joined to his applause. Nor did he seem insensible to the best of all earthly rewards, the love and admiration of his fellow-citizens. Hope elevated and joy brightened his ei'est. 10 I stood near him ; and his face, to use the expression of the Scripture of the first martyr, '' his face was as if it had been the face of an angel." I do not know how others feel ; but if I had stood in that situation, I never would have ex- changed it for all that kings in their profusion could bestow. 15 I did hope that that day's danger and honour would have been a bond to hold us all together for ever. But, alas 1 that, with other pleasing visions, is long since vanished.^ Sir, this act of supreme magnanimity has been repre- sented, as if it had been a measure of an administration, that 20 having no scheme of their own, took a middle Hne, pilfered a bit from one side and a bit from the other. Sir, they took 710 middle Hnes. They differed fundamentally from the schemes of both parties ; but they preserved the objects of both. They preserved the authority of Great Britain. They 25 preserved the equity of Great Britain. They made the declaratory act; they repealed the stamp act. They did both/////i'; because the declaratory act was withoict qualifi- cation ; and the repeal of the stamp act total. This they did in the situation I have described. 30 Now, Sir, what will the adversary say to both these acts ? If the principle of the declaratory act was not good, the SPEECH ON AMERICAN TAXATION. 47 principle we are contending for this day is monstrous. If the principle of the repeal was not good, why are we not at war for a real, substantial, effective revenue ? If both were bad, why has this ministry incurred all the inconveniencies of both and of all schemes? Why have they enacted, re- 5 pealed, enforced, yielded, and now attempt to enforce again ? Sir, I think I may as well now, as at any other time, speak to a certain matter of fact, not wholly unrelated to the ques- tion under your consideration. We, who would persuade 10 you to revert to the ancient policy of this kingdom, labour under the effect of this short current phrase, which the court leaders have given out to all their corps, in order to take away the credit of those who would prevent you from that frantic war you are going to wage upon your colonies. 15 Their cant is this ; " All the disturbances in America have been created by the repeal of the stamp act." I suppress for a moment my indignation at the falsehood, baseness, and absurdity of this most audacious assertion. Instead of re- marking on the motives and character of those who have 20. issued it for circulation, I will clearly lay before you the state of America, antecedently to that repeal ; after the repeal ; and since the renewal of the schemes of American taxation. It is said, that the disturbances, if there were any, before the repeal, were slight ; and without difficulty or inconven- 25 ience might have been suppressed. For an answer to this assertion I will send you to the great author and patron of the stamp act, who certainly meaning well to the authority of this country, and fully apprized of the state of that, made, before a repeal was so much as agitated in this House, the 30 motion which is on your journals ; and which, to save the 48 SPEECH ON AMERICAN TAXATION. clerk the trouble of turning to it, I will now read to you. It was for an amendment to the address of the 17th of December, 1765 : " To express our just resentment and indignation at the 5 outrages, tumults, and insurrections which have been excited and carried on in North America; and at the i-esistance given, by open and rebellious force, to the execution of the laws in that part of his Majesty's do?ninions. And to assure his Majesty, that his faithful commons, animated with the 10 warmest duty and attachment to his royal person and gov- er7iment, will firmly and effectually support his Majesty in all such measures as shall be necessary for preserving and sup- porting the legal dependence of the colonies ofi the mother country,''^ &c. &c. 15 Here was certainly a disturbance preceding the repeal ; such a disturbance as Mr. Grenville thought necessary to qualify by the name of an insurrection, and the epithet of a rebellious force : terms much stronger than any by which those, who then supported his motion, have ever since thought 20 proper to distinguish the subsequent, disturbances in Amer- ica. They were disturbances which seemed to him and his friends to justify as strong a promise of support, as hath been usual to give in the beginning of a war with the most power- ful and declared enemies. When the accounts of the Amer- 25 ican governors came before the "House, they appeared stronger even than the warmth of public imagination had painted them ; so much stronger, that the papers on your table bear me out in saying, that all the late disturbances, which have been at one time the minister's motives for the 30 repeal of five out of six of the new court taxes, and are now his pretences for refusing to repeal that sixth, did not SPEECH ON AMERICAN TAXATION. 49 amount — why do I compare them? — no, not to a tenth part of the tumults and violence which prevailed long before the repeal of that act. Ministry cannot refuse the authority of the commander in chief, General Gage, who, in his letter of the 4th of Novem- 5 ber, from New York, thus represents the state of things : ^^ It is difficult to say, from the highest to the lowest, who has not been accessory to this insurrection, either by writing or mutual agreements, to oppose the act, by what they a^-e pleased to term all legal apposition to it. Nothing effectual 10 has been proposed, either to prevent or quell the tumult. The rest of the provinces are in the same situation as to a positive refusal to take the stamps ; and threatening those who shall take them, to plunder and murder them ; and this affair stands in all the provinces, that unless the act, fro7n 15 its 0W71 nature, enforce itself, nothing but a very considerable military force can do it.'' It is remarkable. Sir, 'that the persons who formerly trumpeted forth the most loudly, the violent resolutions of assembhes ; the universal insurrections ; the seizing and 20 burning the stamped papers ; the forcing stamp officers to resign their commissions under the gallows ; the rifling and pulling down of the houses of magistrates ; and the expul- sion from their country of all who dared to write or speak a single word in defence of the powers of parliament ; 25 these very trumpeters are now the men that represent the whole as a mere trifle ; and choose to date all the disturb- ances from the repeal of the stamp act, which put an end to them. Hear your officers abroad, and let them refute this shameful falsehood, who, in all their correspondence, state 30 the disturbances as owing to their true causes, the discontent 50 SPEECH ON AMERICAN TAXATION. of the people, from the taxes. You have this evidence in your own archives — and it will give you complete satisfac- tion ; if you are not so far lost to all parliamentary ideas of information, as rather to credit the lie of the day, than the 5 records of your own House. Sir, this vermin of court reporters, when they are forced into day upon one point, are sure to burrow in another ; but they shall have no refuge ; I will make them bolt out of all their holes. Conscious that they must be baffled, when they 10 attribute a precedent disturbance to a subsequent measure, they take other ground, almost as absurd, but very common in modern practice, and very wicked ; which is, to attribute the ill-effect of ill-judged conduct to the arguments which had been used to dissuade us from it. They say, that the 15 opposition made in parliament to the stamp act at the time of its passing, encouraged the Americans to their resistance. This has even formally appeared in print in a regular volume, from an advocate of that faction, a Dr. Tucker. This Dr. Tucker is already a dean, and his earnest labors in this 20 vineyard will, I suppose, raise him to a bishopric.^ But this assertion too, just hke the rest, is false. In all the papers which have loaded your table ; in all the vast crowd of verbal witnesses that appeared at your bar, witnesses which were indiscriminately produced from both sides of the House ; not 25 the least hint of such a cause of disturbance has ever ap- peared. As to the fact of a strenuous opposition to the stamp act, I sat as a stranger in your gallery when the act was under consideration. Far from anything inflammatory, I never heard a more languid debate in this House. No more 30 than two or three gentlemen, as I remember, spoke against the act, and that with great reserve, and remarkable temper. SPEECH ON AMERICAN TAXATION 51 There was but one division in the whole progress of the bill ; and the minority did not reach to more than 39 or 40. In the House of Lords I do not recollect that there was any debate or division at all. I am sure there was no protest. In fact, the affair passed with so very, very Httle noise, that 5 in town they scarcely knew the nature of what you were doing. The opposition to the bill in England never could have done this mischief, because there scarcely ever was less of opposition to a bill of consequence. Sir, the agents and distributors of falsehoods have, with 10 their usual industry, circulated another He of the same nature with the former. It is this, that the disturbances arose from the account which had been received in America of the change in the ministry. No longer awed, it seems, with the spirit of the former rulers, they thought themselves ^5 a match for what our calumniators chose to qualify by the name of so feeble a ministry as succeeded. Feeble in one sense these men certainly may be called ; for, with all their efforts, and they have made many, they have not been able to resist the distempered vigour, and insane alacrity, with 20 which you are rushing to your ruin. But it does so happen, that the falsity of this circulation is (like the rest) demon- strated by indisputable dates and records. So Httle was the change known in America, that the letters of your governors, giving an account of these dis- 25 turbances long after they had arrived at their highest pitch, were all directed to the old mimst?y, and particularly to the Earl of Bali/ax, the secretary of state corresponding with the colonies, without once in the smallest degree intimating the slightest suspicion of any ministerial revolution what- 30 soever. The ministry was not changed in England until 52 SPEECH ON AMERICAN TAXATION. the loth day of July, 1765. On the 14th of the preceding June, Governor Fauquier from Virginia writes thus ; and writes thus to the Earl of Halifax : " Government is set at defiance, not having strength enough in her hands to enforce 5 obedience to the laws of the community. The private distress which every man feels, increases the general dissatisfaction at the duties laid by the stamp act, ivhich breaks out and shows itself upon every trifling occasion.''^ The general dissatisfaction had produced some time before, that is, on 10 the 29th of May, several strong public resolves against the stamp act ; and those resolves are assigned by Governor Bernard as the cause of the insurrections in Massachusetts Bay, in his letter of the 15th of August, still addressed to the Earl of Halifax ; and he continued to address such 15 accounts to that minister quite to the 7th of September of the same year. Similar accounts, and of as late a date, were sent from other governors, and all directed to Lord Halifax. Not one of these letters indicates the shghtest idea of a change, either known, or even apprehended. 20 Thus are blown away the insect race of courtly falsehoods ! thus perish the miserable inventions of the wretched run- ners for a wretched cause, which they have fly-blown into every weak and rotten part of the country, in vain hopes that when their maggots had taken wing, their importunate 25 buzzing might sound something like the public voice I Sir, I have troubled you sufficiently with the state of America before the repeal. Now I turn to the honourable gentleman who so stoutly challenges us to tell, whether, after the repeal, the provinces were quiet? This is coming 30 home to the point. Here I meet him directly ; and answer most readily, They were quiet. And I, in my turn, challenge SPEECH ON AMERICAN TAXATION. 53 him to prove when, and where, and by whom, and in what numbers, and with what violence, the other laws of trade, as gentlemen assert, were violated in consequence of your con- cession ? or that even your other revenue laws were attacked ? But I quit the vantage-ground on which I stand, and where 5 I might leave the burthen of the proof upon him : I walk down upon the open plain, and undertake to show, that they were not only quiet, but showed many unequivocal marks of acknowledgment and gratitude. And to give him every advantage, I select the obnoxious colony of Massa- 10 chusetts Bay, which at this time (but without hearing her) is so heavily a culprit before parliament — I will select their proceedings even under circumstances of no small irritation. For, a litde imprudently, I must say, Governor Bernard mixed in the administration of the lenitive of the repeal no 15 small acrimony arising from matters of a separate nature. Yet see, Sir, the effect of that lenitive, though mixed with these bitter ingredients ; and how this rugged people can express themselves on a measure of concession. ^^ If it is not ill oitr power, ^'' (say they in their address to 20 Governor Bernard,) ^^ in so full a manner as loill be expected, to shoiv our 7'espectful gratitude to the mother country, or to make a dutiful and affectionate return to the indulgence of the king and parliament, it shall be no fault of ours ; for this we intend, and hope we shall be able fully to effect'"' 25 Would to God that this temper had been cultivated, man- aged, and set in action ! other effects than those which we have since felt would have resulted from it. On the requisi- tion for compensation to those who had suffered from the violence of the populace, in the same address they say, " The 30 recommendation enjoined by Air. Secretary Conway's letter, 54 SPEECH ON AMERICAN TAXATION \ \ and in consequence thej-eof made to us^ we will embrace the first conveiiient opportu?iity to consider and act ttpon.^'' They did consider ; they did act upon it. They obeyed the requi- sition. I know the mode has been chicaned upon ; but it 5 was substantially obeyed ; and much better obeyed than I fear the parliamentary requisition of this session will be, though enforced by all your rigour, and backed with all your power. In a word, the damages of popular fury were com- pensated by legislative gravity. Almost every other part of lo America in various ways demonstrated their gratitude. I am bold to say, that so sudden a calm recovered after so violent a storm is without parallel in history. To say that no other disturbance should happen from any other cause, is folly. But as far as appearances went, by the judicious sacri- 15 fice of one law, you procured an acquiescence in all that remained. After this experience, nobody shall persuade me, when a whole people are concerned, that acts of lenity are not means of conciliation. I hope the honourable gentleman has received a fair and 20 full answer to his question. I have done with the third period of your policy ; that of your repeal ; and the return of your ancient system, and your ancient tranquillity and concord. Sir, this period was not as long as it was happy. Another scene was opened, 25 and other actors appeared on the stage. The state, in the condition I have described it, was delivered into the hands of Lord Chatham — a great and celebrated name ; a name that keeps the name of this country respectable in every other on the globe. It may be truly called, 3° Clariim et venerabile no77ien ^ Gentibus^ et inn Hum nostrce quod proderat urbi. SPEECH ON AMERICAN TAXATION 55 Sir, the venerable age of this great man, his merited rank, his superior eloquence, his splendid quahties, his eminent services, the vast space he fills in the eye of mankind ; and, more than all the rest, his fall from power, which, like death, canonizes and sanctifies a great character, will not suffer me 5 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 what I do not presume to censure, I may have leave to lament. For a wise man, he seemed to 10 me at that time to be governed 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 that were 15 greatly mischievous to himself; and for that reason, among others, fatal to his country ; measures, the effects of which, I am afraid, are for ever incurable. He made an administra- tion, so checkered and speckled ; he put together a piece of joinery, so crossly indented and whimsically dove-tailed ; a 20 cabinet so variously inlaid ; such a piece of diversified Mo- saic ; 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 tories ; treacherous friends and open enemies ; that it was indeed a 25 very curious show ; but utterly unsafe to touch, and unsure to stand on. The cofleagues whom he had assorted at the same boards, stared at each other, and were obliged to ask, " Sir, your name ? — Sir, you have the advantage of me — Mr. Such-a-one — I beg a thousand pardons — " I venture 30 to say, it did so happen, that persons had a single office 56 SPEECH ON AMERICAN TAXATION divided between them, who had never spoke to each other in their lives, until they found themselves, they knew not how, pigging together, heads and points, in the same truckle- bed.i 5 Sir, in consequence of this arrangement, having put so much the larger part of his enemies and opposers into power, the confusion was such, that his own principles could not possibly have any effect or influence in the conduct of affairs. If ever he fell into a fit of the gout, or if any other cause 10 withdrew him from public cares, principles directly the con- trary 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. 15 When his face was hid but for a moment, his whole system was on a wide sea, without chart or compass. The gentle- men, his particular 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 20 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 25 as those who joined with them in manning the vessel were the most directly opposite to his opinions, 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 30 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 SPEECH ON AMERICAN TAXATION 57 before the close of the first session of his administration, when everything was pubhcly transacted, and with great parade, in his name, they made an act, declaring it highly just and expedient to raise a revenue in America. For even then, Sir, even before this splendid orb was entirely set, and 5 while the western horizon was in a blaze with his descending glory, on the opposite quarter of the heavens arose another luminary, and, for his hour, became lord of the ascendant. This light too is passed and set for ever. You understand, to be sure, that I speak of Charles Townshend, officially the 10 re-producer of this fatal scheme ; whom I cannot even now remember without some degree of sensibility. In truth. Sir, he was the delight and ornament of this House, and the charm of every private society which he honoured with his presence. Perhaps there never arose in this country, 15 nor in any country, a man of a more pointed and finished wit ; and (where his passions were not concerned) of a more refined, exquisite, 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 20 any man I ever was acquainted with, how to bring together, within a short time, all that was necessary to establish, to illustrate, and to decorate that side of thie question he sup- ported. He stated his matter skilfully and powerfully. He particularly excelled in a most luminous explanation and 25 display of his subject. His style of argument was neither trite and vulgar, nor subtle and abstruse. He hit the House just between wind and water. — And not being troubled with too anxious a zeal for any matter in question, he was never more tedious, or more earnest, than the pre-conceived opin- 30 ions and present temper of his hearers required ; to whom 58 SPEECH ON AMERICAN TAXATION. he was always in perfect unison. He conformed exactly to the temper of the House ; and he seemed to guide, because he was also sure to follow it. I beg pardon, Sir, if, when I speak of this and of other 5 great men, I appear to digress in saying something of their characters. In this eventful history of the revolutions of America, the characters of such men are of much importance. 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 10 cause of all the public measures. It would be an invidious thing (most foreign, I trust, to what you think my disposition) to remark the errors into which the authority of great names has brought the nation, without doing justice, at the same time, to the great qualities whence that authority arose. The 15 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 20 ferment he was able to excite in everything by the violent ebullition of his mixed virtues and failings. For failings he had undoubtedly — many of us remember them ; we are this day considering the effect of them. But he had no failings which were not owing to a noble cause ; to an ardent, gen- 25 erous, perhaps an immoderate, passion for fame ; a passion which is the instinct of all great souls. He worshipped that goddess wheresoever she appeared ; but he paid his particu- lar devotions to her in her favourite habitation, in her chosen temple, the House of Commons. Besides the characters of 30 the individuals that compose our body, it is impossible, Mr. Speaker, not to observe that this House has a collective char- SPEECH ON AMERICAN TAXATION. 59 acter of its own. That character too, however imperfect, is not unamiable. Like all great public collections of men, you possess a marked love of virtue and an abhorrence of vice. But among vices, there is none which the House abhors in the same degree with obstinacy. Obstinacy, Sir, is certainly 5 a great vice ; and in the changeful state of political affairs it is frequently the cause of great mischief. It happens, however, very unfortunately, that almost the whole line of the great and mascuHne virtues, constancy, gravity, mag- nanimity, fortitude, fidelity, and firmness, are closely aUied 10 to this disagreeable quality, of which you have so just an abhorrence ; and, in their excess, all these virtues very easily fall into it. He, who paid such a punctilious attention to all your feelings, certainly took care not to shock them by that vice which is the most disgustful to you. 15 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 20 no favourite in this House. He therefore attended at the private meeting, in which the resolutions moved by a right honourable gentleman were settled ; resolutions leading to the repeal. The next day he voted for that repeal ; and he would have spoken for it too, if an illness, (not, as was then 25 given out, a political,) but to my knowledge, a very real ill- ness, had not prevented it. The 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 30 conform to the temper which began to prevail, and to pre- 60 SPEECH ON AMERICAN TAXATION. vail mostly amongst those most in power, he declared, very early in the winter, that a revenue must be had out of America. Instantly he was tied down to his engagements by some, who had no objection to such experiments, when 5 made at the cost of persons for whom they had no particular regard. The whole body of courtiers drove him onward. They always talked as if the king stood in a sort of humili- ated state, until something of the kind should be done. Here, this extraordinary man, then chancellor of the ex- 10 chequer, found himself in great straits. To please univer- sally 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 revenue, he had a preamble stating 15 the necessity of such a 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 supply. To gratify the colonists, it was laid on British manufactures ; to satisfy the merchants of Britain, the duty was trivial, and 20 (except that on tea, which touched only the devoted East India Company) on pone 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 favour of those who would tax America, the scene of col- 25 lection was changed, and, with the rest, it was levied in the colonies. What need I say more? This fine-spun scheme had the usual $ate 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. 30 He was truly the child of the House. He never thought, did, or said anything, but with a view to you. He every SPEECH ON AMERICAN TAXATION. 61 day adapted himself to your disposition ; and adjusted him- self before it as at a looking-glass.^ He had observed (indeed it could not escape him) that several persons, infinitely his inferiors in all respects, had formerly rendered themselves considerable in this House by 5 one method alone. They were a race of men (I hope in God the species is extinct) who, when they rose in their place, no man living could divine, from any known adher- ence to parties, to opinions, or to principles, from any order or system in their politics, or from any sequel or connexion 10 in their ideas, what part they were going to take in any debate. 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 alternately for 15 their vote, almost to the end of their speeches. While the House hung in this uncertainty, now the hear hims rose from his side — now they rebellowed from the other ; and that party, to whom they fell at length from their tremulous and dancing balance, always received them in a tempest of 20 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 innumerable admirers. He was a 25 candidate for contradictory honours ; and his great aim was to make those agree in admiration of him who never agreed in anything else. Hence arose this unfortunate act, the subject of this day's debate ; from a disposition which, after making an American 30 revenue to please one, repealed it to please others, and again 62 SPEECH ON AMERICAN TAXATION. revived it in hopes of pleasing a third, and of catching some- thing in the ideas of all. This revenue act of 1767 formed the fourth period of American pohcy. How we have fared since then — what 5 woeful variety of schemes have been adopted ; what enforc- ing, and what repealing ; what bullying, and what submitting ; what doing, and undoing ; what straining, and what relaxing ; what assemblies dissolved for not obeying, and called again without obedience ; what troops sent out to quell resistance, 10 and on meeting that resistance, recalled ; what shiftings, and changes, and jumblings of all kinds of men at home, which left no possibihty of order, consistency, vigour, or even so much as a decent unity of colour in any one public measure. — It is a tedious, irksome task. My duty may call me to 15 open it out some other time ; on a former occasion^ I tried your temper on a part of it ; for the present I shall forbear. After all these changes and agitations, your immediate situation upon the question on your paper is at length brought to this. You have an act of parhament, stating, that '' it is 20 expedient to raise a revenue in America." By a partial repeal you annihilated the greatest part of that revenue, which this preamble declares to be so expedient. You have substituted no other in the place of it. A secretary of state has dis- claimed, in the king's name, all thoughts of such a substitu- 25 tion in future. The principle of this disclaimer goes to what has been left, as well as what has been repealed. The tax which lingers after its companions (under a preamble declar- ing an American revenue expedient, and for the sole purpose of supporting the theory of that preamble) militates with the 30 assurance authentically conveyed to the colonies ; and is an exhaustless source of jealousy and animosity. On this state, SPEECH ON AMERICAN TAXATION. 63 which I take to be a fair one ; not being able to discern any grounds of honour, advantage, peace, or power, for adhering, either to the act or to the preamble, I shall vote for the question which leads to the repeal of both. If you do not fall in with this motion, then secure some- 5 thing to fight for, consistent in theory and valuable in practice. If you must employ your strength, employ it to uphold you in some honourable right, or some profitable wrong. If you are apprehensive that the concession recommended to you, though proper, should be a means of drawing on you further 10 but unreasonable claims, — why then employ your force in supporting that reasonable concession against those unreason- able demands. You will employ it with more grace ; with better effect ; and with great probable concurrence of all the quiet and rational people in the provinces ; who are now 15 united with, and hurried away by, the violent ; having indeed different dispositions, but a common interest. If you appre- hend that on a concession you shall be pushed by metaphys- ical process to the extreme lines, and argued out of your whole authority, my advice is this ; when you have recovered 20 your old, your strong, your tenable position, then face about — stop short — do nothing more — reason not at all — oppose the ancient policy and practice of the empire, as a rampart against the speculations of innovators on both sides of the question ; and you will stand on great, manly, and sure 25 ground. On this solid basis fix your machines, and they will draw worlds towards you. Your ministers, in their own and his Majesty's name, have already adopted the American distinction of internal and external duties. It is a distinction, whatever merit it may 30 have, that was originally moved by the Americans them- 64 SPEECH ON AMERICAN TAXATION. selves ; and I think they will acquiesce in it, if they are not pushed with too much logic and too httle sense, in all the consequences. That is, if external taxation be understood, as they and you understand it, when you please, to be not a 5 distinction of geography, but of policy ; that it is a power \ for regulating trade, and not for supporting establishments. , The distinction, which is as nothing with regard to right, is » of most weighty consideration in practice. Recover your old ground, and your old tranquilhty — try it — I am per- \ lo suaded the Americans will compromise with you. When ^ | confidence is once restored, the odious and suspicious stem- mum jus will perish of course. The spirit of practicability, of moderation, and mutual convenience, will never call in geometrical exactness as the arbitrator of amicable setde- 15 ment. Consult and follow your experience. Let not the long story, with which I have exercised your patience, prove fruidess to your interests. For my part, I should choose (if I could have my wish) ^ that the proposition of the honourable gentleman ^ for the 20 repeal could go to America without the attendance of the penal bills. Alone I could almost answer for its success. I cannot be certain of its reception in the bad company it may keep. In such heterogeneous assortments, the most inno- " cent person wall lose the effect of his innocency. Though 25 you should send out this angel of peace, yet you are sending out a destroying angel too : and what would be the effect of the conflict of these two adverse spirits, or which would predominate in the end, is what I dare not say : whether the lenient measures would cause American passion to sub- 30 side, or the severe would increase its fury — all this is in the hand of Providence. Yet now, even now, I should confide SPEECH ON AMERICAN TAXATION 65 in the prevailing virtue and efficacious operation of lenity, though vi^orking in darkness, and in chaos, in the midst of all this unnatural and turbid combination : I should hope it might produce order and beauty in the end. Let us, Sir, embrace some system or other before we end 5 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 10 you kill, take possession : and do not appear in the charac- ter of madmen, as well as assassins, violent, vindictive, bloody, and tyrannical, without an object. But may better counsels guide you ! Again, and again, revert to your own principles — seek 15 peace and ensue it — leave America, if she has taxable mat- ter in her, to tax herself. I am not here going into the dis- j tinctions of rights, not attempting to mark their boundaries. ' I do not enter into these metaphysical distinctions ; I hate the very sound of them. Leave the Americans as they 20 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 happy under that system. Let the memory of all actions, in contradiction to that good old » mode, on both sides, be extinguished for ever. Be content 25 to bind America by laws of trade ; you have always done it. . Let this be your 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 30 the rest to the schools; for there only they may be dis- 66 SPEECH ON AMERICAN TAXATION cussed with safety. But if, intemperately, unwisely, fatally, you sophisticate and poison the very source of government, by urging subtle deductions, and consequences odious to those you govern, from the unlimited and illimitable nature 5 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 lo your face. Nobody will be argued into slavery. Sir, let the gentlemen on the other side call forth all their ability ; let the best of them get up, and tell me, what one character of liberty the Americans have, and what one brand of slavery they are free from, if they are bound in their property and 15 industry, by all the restraints you can imagine on commerce, and at the same time are made pack-horses of every tax you choose to impose, without the least share in granting them. When they bear the burthens of unhmited monopoly, will you bring them to bear the burthens of unlimited revenue 20 too? The Englishman in America will feel that this is slavery — that it is legal slavery, will be no compensation, either to his feelings or his understanding. A noble lord,^ who spoke some time ago, is full of the fire of ingenious youth ; and when he has modelled the ideas of 25 a lively imagination by further experience, he will be an ornament to his country in either House. He has said, that the Americans are our children, and how can they revolt against their parent? He says, that if they are not free in their present state, England is not free ; because Manchester, 30 and other considerable places, are not represented. So then, because some towns in England are not represented, America SPEECH ON AMERICAN TAXATION. 67 is to have no representative at all. They are " our children ; " but when children ask for bread we are not to give a stone. Is it because the natural resistance of things, and the various mutations of time, hinders our government, or any scheme of government, from being any more than a sort of approxima- 5 tion to the right, is it therefore that the colonies are to recede from it infinitely? When this child of ours wishes to assimi- late to its parent, and to reflect with a true filial resemblance the beauteous countenance of British liberty ; are we to turn to them the shameful parts of our constitution? are we to 10 give them our weakness for their strength ? our opprobrium for their glory ? and the slough of slavery, which we are not able to work off, to serve them for their freedom ? If this be the case, ask yourselves this question. Will they be content in such a state of slavery? If not, look to the 15 consequences. Reflect how you are to govern a people, who think they ought to be free, and think they are not. Your scheme yields no revenue ; it yields nothing but discontent, disorder, disobedience ; and such is the state of America, that after wading up to your eyes in blood, you could only 20 end just where you begun ; that is, to tax where no revenue is to be found, to — my voice fails me ; my inclination indeed carries me no farther — all is confusion beyond it. W^ell, Sir, I have recovered a little, and before I sit down I must say something to another point with which gentlemen 25 urge us. What is to become of the declaratory act asserting the entireness of British legislative authority, if we abandon the practice of taxation ? For my part I look upon the rights stated in that act, exactly in the manner in which I viewed them on its very 30 first proposition, and which I have often taken the liberty, 68 SPEECH ON AMERICAN TAXATION. with great humility, to lay before you. I look, I say, on the imperial rights of Great Britain, and the privileges which the colonists ought to enjoy under these rights, to be just the most reconcilable things in the world. The parhament of 5 Great Britain sits at the head of her extensive empire in two capacities : one as the local legislature of this island, provid- I ing for all things at home, immediately, and by no other in- strument than the executive power. — The other, and I think ) her nobler capacity, is what I call her imperial character ; in > 10 which, as from the throne of heaven, she superintends all the several inferior legislatures, and guides and controls them all, without annihilating any. As all these provincial legislatures are only co-ordinate to each other, they ought all to be subordinate to her ; else they can neither preserve mutual 15 peace, nor hope for mutual justice, nor effectually afford mutual assistance. It is necessary to coerce the negligent, to restrain the violent, and to aid the weak and deficient, by the overruling plenitude of her power. She is never to in- trude into the place of the others, whilst they are equal to 20 the common ends of their institution. But in order to enable parhament to answer all these ends of provident and benefi- cent superintendence, her powers must be boundless. The gentlemen who think the powers of parliament limited, may please themselves to talk of requisitions. But suppose the 25 requisitions are not obeyed ? What ! Shall there be no re- served power in the empire, to supply a deficiency which may weaken, divide, and dissipate the whole ? We are engaged in war — the secretary of state calls upon the colonies to contribute — some would do it, I think most would cheerfully 30 furnish whatever is demanded — one or two, suppose, hang back, and, easing themselves, let the stress of the draft lie SPEECH ON AMERICAN TAXATION. 69 on the others — surely it is proper, that some authority might legally say — "Tax yourselves for the common supply, or parliament will do it for you." This backwardness was, as I am told, actually the case of Pennsylvania for some short time towards the beginning of the last war, owing to some 5 internal dissensions in the colony. But whether the fact were so, or otherwise, the case is equally to be provided for by a competent sovereign power. But then this ought to be no ordinary power ; nor ever used in the first instance. This is what I meant, when I have said at various times, that I 10 consider the power of taxing in parliament as an instrument of empire, and not as a means of supply. Such, Sir, is my idea of the constitution of the British em- pire, as distinguished from the constitution of Britain ; and on these grounds I think subordination and liberty may be 15 sufiftciently reconciled through the whole ; whether to serve a refining speculatist, or a factious demagogue, I know not ; but enough surely for the ease and happiness of man. Sir, whilst we held this happy course, we drew more from the colonies than all the impotent violence of despotism ever 20 could extort from them. We did this abundantly in the last war. It has never been once denied — and what reason have we to imagine that the colonies would not have proceeded in supplying government as liberally, if you had not stepped in and hindered them from contributing, by interrupting the 25 channel in which their liberality flowed with so strong a course ; by attempting to take, instead of being satisfied to receive ? Sir William Temple says, that Holland has loaded itself with ten times the impositions which it revolted from Spain rather than submit to. He says true. Tyranny is a 30 poor provider. It knows neither how to accumulate, nor how to extract. 70 SPEECH ON AMERICAN TAXATION. I charge therefore to this new and unfortunate system the loss not only of peace, of union, and of commerce, but even of revenue, which its friends are contending for. — It is mor- ally certain, that we have lost at least a million of free grants 5 since the peace. I think we have lost a great deal more ; and that those, who look for a revenue from the provinces, never could have pursued, even in that hght, a course more directly repugnant to their purposes. Now, Sir, I trust I have shown, first on that narrow ground 10 which the honourable gentleman measured, that you are likely to lose nothing by complying with the motion, except what you have lost already. I have shown afterwards, that in time of peace you flourished in commerce, and, when war required it, had sufficient aid from the colonies, while you 15 pursued your ancient policy ; that you threw everything into confusion when you made the stamp act ; and that you restored everything to peace and order when you repealed it. I have shown that the revival of the system of taxation has produced the very worst effects; and that the partial 20 repeal has produced, not partial good, but universal evil. Let these considerations, founded on facts, not one of which can be denied, bring us back to our reason by the road of our experience. I cannot, as I have said, answer for mixed measures : but 25 surely this mixture of lenity would give the whole a better chance of success. When you once regain confidence, the way will be clear before you. Then you may enforce the act of navigation when it ought to be enforced. You will yourselves open it where it ought still further to be opened. 30 Proceed in what you do, whatever you do, from policy, and not from rancour. Let us act like men, let us act like states- SPEECH ON AMERICAN TAXATION. 71 men. Let us hold some sort of consistent conduct. — It is agreed that a revenue is not to be had in America. If we lose the profit, let us get rid of the odium. On this business of America, I confess I am serious, even to sadness. I have had but one opinion concerning it since 5 I sat, and before I sat, in parHament. The noble lord ^ 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. 10 But I had rather bear the brunt of all his wit, and indeed blows much heavier, than stand answerable to God for em- bracing 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, 15 and I know that the way I take is not the road to prefer- ment. My excellent and honourable friend under me on the floor ^ has trod that road with great toil for upwards of twenty years together. He is not yet arrived at the noble lord's destination. However, the tracks of my worthy friend 20 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 solenmly declare, I have in all seasons adhered to. the system of 1766, for no other reason, 25 than that I think it laid deep in your truest interest — and that, by limiting the exercise, it fixes, on the firmest found- ations, a real, consistent, well-grounded authority in parlia- ment. Until you come back to that system, there will be no peace for England. 30 SPEECH OF EDMUND BURKE, Esq., ON HIS ARRIVAL AT BRISTOL. October 13, 1774. Gentlemen : I am come hither to solicit in person, that favour which my friends have hitherto endeavoured to pro- cure for me, by the most obhging, and to me the most honourable, exertions. 5 I have so high an opinion of the great trust which you have to confer on this occasion ; and, by long experience, so just a diffidence in my abilities to fill it in a manner adequate even to my own ideas, that I should never have ventured of myself to intrude into that awful situation. But since I 10 am called upon by the desire of several respectable fellow- subjects, as I have done at other times, I give up my fears to their wishes. Whatever my other deficiences may be, I do not know what it is to be wanting to my friends. I am not fond of attempting to raise public expectation 15 by great promises. At this time, there is much cause to consider, and very little to presume. We seem to be ap- proaching to a great crisis in our affairs, which calls for the whole wisdom of the wisest among us, without being able to assure ourselves, that any wisdom can preser\^e us from 20 many and great inconveniences. You know I speak of our unhappy contest with America. I confess, it is a matter on 72 SPEECH ON HIS ARRIVAL AT BRISTOL. 73 which I look down as from a precipice. It is difficult in itself, and it is rendered more intricate by a great variety of plans of conduct. I do not mean to enter into them. I will not suspect a want of good intention in framing them. But however pure the intentions of their authors may have 5 been, we all know that the event has been unfortunate. The means of recovering our affairs are not obvious. So many great questions of commerce, of finance, of consti- tution, and of policy, are involved in this American deliber- ation, that I dare engage for nothing, but that I shall 10 give it, without any predilection to former opinions, or any sinister bias whatsoever, the most honest and impartial consideration of which I am capable. The public has a full right to it; and this great city, a main pillar in the commercial interest of Great Britain, must totter on its base 15 by the slightest mistake with regard to our American measures. Thus much, however, I think it not amiss to lay before you ; That I am not, I hope, apt to take up or lay down my opinions hghtly. I have held, and ever shall maintain, to 20 the best of my power, unimpaired and undiminished, the just, wise, and necessary constitutional superiority of Great Britain. This is necessary for America as well as for us. I never mean to depart from it. Whatever may be lost by it, I avow it. The forfeiture even of your favour, if by such a 25 declaration I could forfeit it, though the first object of my ambition, never will make me disguise my sentiments on this subject. But, — I have ever had a clear opinion, and have ever held a constant correspondent conduct, that this superiority ^o is consistent with all the liberties a sober and spirited Amer- 74 SPEECH ON HIS ARRIVAL AT BRISTOL. ican ought to desire. I never mean to put any colonist, or any human creature, in a situation not becoming a free- man. To reconcile British superiority with American liberty shall be my great object, as far as my httle faculties extend. 5 I am far from thinking that both, even yet, may not be preserved. When I first devoted myself to the pubhc services I con- sidered how I should render myself fit for it ; and this I did by endeavouring to discover what it was that gave this coun- 10 try the rank it holds in the world. I found that our pros- perity and dignity arose principally, if not solely, from two sources ; our constitution, and commerce. Both these I have spared no study to understand, and no endeavour to support. 15 The distinguishing part of our constitution is its liberty. To preserve that Hberty inviolate, seems the particular duty and proper trust of a member of the House of Commons. But the liberty, the only liberty I mean, is a liberty con- nected with order ; that not only exists along with order and 20 virtue, but which cannot exist at all without them. It in- heres in good and steady government, as in its substance and vital principle. The other source of our power is commerce, of which you are so large a part, and which cannot exist, no more than 25 your liberty, without a connexion with many virtues. It has ever been a ver^ particular and a very favourite object of my study, in its principles, and in its details. I think many here are acquainted with the truth of what I say. This I know, that I have ever had my house open, and my poor 30 services ready, for traders and manufacturers of every de- nomination. My favourite ambition is to have those services SPEECH ON HIS ARRIVAL AT BRISTOL. 75 acknowledged. I now appear before you to make trial, whether my earnest endeavours have been so wholly oppressed by the weakness of my abiHties, as to be rendered insignifi- cant in the eyes of a great trading city; or whether you choose to give a weight to humble abilities, for the sake of 5 the honest exertions with which they are accompanied. This is my trial to-day. My industry is not on trial. Of my industry I am sure, as far as my constitution of mind and body admitted. When I was invited by many respectable merchants, free- 10 holders, and freemen of this city, to offer them my services, I had just received the honour of an election at another place, at a very great distance from this. I immediately opened the matter to those of my worthy constituents who were with me, and they unanimously advised me not to decline it. 15 They told me, that they had elected me with a view to the public service : and as great questions relative to our com- merce and colonies were imminent, that in such matters I might derive authority and support from the representation of this great commercial city ; they desired me therefore to 20 set off without delay, very well persuaded that I never could forget my obligations to them, or to my friends, for the choice they have made of me. From that time to this instant I have not slept ; and if I should have the honour of being freely chosen by you, I hope I shall be as far from slumber- 25 ing or sleeping when your service requires me to be awake, as I have been in coming to offer myself a candidate for your favour. SPEECH OF EDMUND BURKE, Esq., ELECTORS OF BRISTOL CONCLUSION OF THE POLL. Nov. 3, 1774. Gentlemen : I cannot avoid sympathizing strongly with the feeHngs of the 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 itself, naturally and almost insensibly, to meet with those, who, by the even tenour 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 expressing my gratitude to you as I ought. I was brought hither under the disadvantage of being un- known, even by sight, to any of you. No previous canvass 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 76 SPEECH AT THE CONCLUSION OF THE POLL. 77 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 insensible of your kindness. 5 This is all that I am able to say for the inestimable favour you have conferred upon me. But I cannot be satisfied, without saying a little more in defence of the right you have to confer such a favour. The person that appeared here as counsel for the candidate, who so long and so earnestly so- lo licited your votes, thinks proper to deny, that a very great part of you have any votes to give. He fixes a standard period of time in his own imagination, not what the law defines, but merely what the convenience of his client sug- gests, by which he would cut off, at one stroke, all those 15 freedoms which are the dearest privileges of your corporation ; which the common law authorizes; which your magistrates are compelled to grant ; which come duly authenticated into this court; and are saved in the clearest words, and with the most religious care and tenderness, in that very act of parlia- 20 ment, which was made to regulate the elections by freemen, and to prevent all possible abuses in making them. I do not intend to argue the matter here. My learned counsel has supported your cause with his usual ability ; the worthy sheriffs have acted with their usual equity, and I have 25 no doubt, that the same equity, which dictates the return, will guide the final determination. I had the honour, in conjunction with many far wiser men, to contribute a very small assistance, but, however, some assistance, to the form- ing the judicature which is to try such questions. It would 30 be unnatural in me to doubt the justice of that court, in the 78 SPEECH AT THE CONCLUSION OF THE POLL. trial of my own cause, to which I have been so active to give jurisdiction over every other. I assure the worthy freemen, and this corporation, that, if the gentleman perseveres in the intentions which his present 5 warmth dictates to him, I will attend their cause with dili- gence, and I hope with effect. For, if I know anything of myself, it is not my own interest in it, but my full convic- tion, that induces me to tell you — / think thej-e is not a shadow of doubt in the case. lo I do not imagine that you find me rash in declaring my- self, or very forward in troubling you. From the beginning to the end of the election, I have kept silence in all matters of discussion. I have never asked a question of a voter on the other side, or supported a doubtful vote on my own. I 15 respected the abilities of my managers ; I relied on the can- dour of the court. I think the worthy sheriffs will bear me witness, that I have never once made an attempt to impose upon their reason, to surprise their justice, or to ruffle their temper. I stood on the hustings (except when I gave my 20 thanks to those who favoured me with their votes) less hke a candidate, than an unconcerned spectator of a public pro- ceeding. But here the face of things is altered. Here is an attempt for a general massacre of suffrages ; an attempt, by a promiscuous carnage oi friends and /^ 154 ON CONCILIATION WITH AMERICA. If you should attempt it, the committee of provincial ways and means, or by whatever other name it will delight to be called, must swallow up all the time of parliament. Thirdly, it does not give satisfaction to the complaint of 5 the colonies. They complain, that they are taxed without their consent ; you answer, that you will fix the sum at which they shall be taxed. That is, you give them the very grievance for the remedy. You tell them indeed, that you will leave the mode to themselves. I really beg pardon : it 10 gives me pain to mention it ; but you must be sensible that you will not perform this part of the compact. For, sup- pose the colonies were to lay the duties, which furnished their contingent, upon the importation of your manufac- tures ; you know you would never suffer such a tax to be 15 laid. You know, too, that you would not suffer many other modes of taxation. So that, when you come to explain yourself, it will be found, that you will neither leave to themselves the quantum nor the mode ; nor indeed any- thing. The whole is delusion from one end to the other. 20 Fourthly, this method of ransom by auction, unless it be imiversally accepted, will plunge you into great and inex- tricable difficulties. In what year of our Lord are the pro- portions of payments to be settled ? To say nothing of the impossibility that colony agents should have general powers 25 of taxing the colonies at their discretion ; consider, I implore you, that the communication by special messages, and orders between these agents and their constituents on each variation of the case, when the parties come to contend together, and to dispute on their relative proportions, will be a matter of 30 delay, perplexity, and confusion that never can have an end. ON CONCILIATION WITH AMERICA. 155 If all the colonies do not appear at the outcry, what is the condition of those assemblies, who offer by themselves or their agents, to tax themselves up to your ideas of their pro- portion ? The refractory colonies, who refuse all composi- tion, will remain taxed only to your old impositions, which, 5 however grievous in principle, are trifling as to production. The obedient colonies in this scheme are heavily taxed ; the refractory remain unburthened. What will you do? Will you lay new and heavier taxes by parliament on the disobe- dient? Pray consider in what way you can do it. You are 10 perfectly convinced, that, in the way of taxing, you can do nothing but at the ports. Now suppose it is Virginia that refuses to appear at your auction, while Maryland and North Carolina bid handsomely for their ransom, and are taxed to your quota, how will you put these colonies on a par? Will 15 you tax the tobacco of Virginia? If you do, you give its death-wound to your English revenue at home, and to one of the very greatest articles of your own foreign trade. If you tax the import of that rebellious colony, what do you tax but your own manufactures, or the goods of some other 20 obedient and already well- taxed colony? Who has said one word on this labyrinth of detail, which bewilders you more and more as you enter into it? Who has presented, who can present you with a clue, to lead you out of it ? I think. Sir, it is impossible, that you should not recollect that the 25 colony bounds are so implicated in one another, (you know it by your other experiments in the bill for prohibiting the New England fishery,) that you can lay no possible restraints on almost any of them which may not be presently eluded, if you do not confound the innocent with the guilty, and 30 burthen those whom, upon every principle, you ought to 156 ON CONCILIATION WITH AMERICA. exonerate. He must be grossly ignorant of America, who thinks that, without falhng into this confusion of all rules of equity and policy, you can restrain any single colony, espe- cially Virginia and Maryland, the central and most impor- 5 tant of them all. Let it also be considered, that, either in the present con- fusion you settle a permanent contingent, which will and ■^ must be trifling ; and then you have no effectual revenue : or you change the quota at every exigency ; and then on lo every new repartition you will have a new quarrel. Reflect besides, that when you have fixed a quota for every colony, you have not provided for prompt and punctual pay- ment. Suppose one, two, five, ten years' arrears. You can- not issue a treasury extent against the failing colony.^ You 15 must make new Boston Port Bills, new restraining laws, new acts for dragging men to England for trial. You must send out new fleets, new armies. All is to begin again. From this day forward the empire is never to know an hour's tran- quilhty. An intestine fire will be kept alive in the bowels of 20 the colonies, which one time or other must consume this whole empire. I allow indeed that the empire of Germany raises her revenue and her troops by quotas and contin- gents ; but the revenue of the empire, and the army of the empire, is the worst revenue and the worst army in the 25 world. Instead of a standing revenue, you will therefore have a perpetual quarrel. Indeed the noble lord, who proposed this project of a ransom by auction, seemed himself to be of that opinion. His project was rather designed for breaking 30 the union of the colonies, than for establishing a revenue. He confessed, he apprehended that his proposal would not J^ ON CONCILIATION WITH AMERICA. 157 be to their taste. I say, this scheme of disunion seems to be at the bottom of the project ; for I will not suspect that the noble lord meant nothing but merely to delude the nation by an airy phantom which he never intended to realize. But whatever his views may be ; as I propose the peace and 5 union of the colonies as the very foundation of my plan, it cannot accord with one whose foundation is perpetual dis- cord. (Compare the two. This I offer to give you is plain and ^/^simple. The other full of perplexed and intricate mazes. 10 This is mild ; that harsh. This is found by experience effectual for its purposes ; the other is a new project. This is universal ; the other calculated for certain colonies only. This is immediate in its conciliatory operation ; the other remote, contingent, full of hazard. Mine is what becomes 15 the dignity of a ruling people ; gratuitous, unconditional, and not held out as matter of bargain and sale. I have done my duty in proposing it to you. I have indeed tired you by a long discourse ; but this is the misfortune of those to whose influence nothing will be conceded, and who must 20 win every inch of their ground by argument. You have heard me with goodness. May you decide with wisdom ! For my part, I feel my mind greatly disburthened by what I have done to-day. I have been the less fearful of trying your patience, because on this subject I mean to spare it 25 altogether in future. I have this comfort, that in every stage of the American affairs, I have steadily opposed the measures that have produced the confusion, and may bring on the destruction, of this empire. I now go so far as to risk a proposal of my own. If I cannot give peace to my 30 country, I give it to my conscience. 158 ON CONCILIATION WITH AMERICA. But what (says the financier) is peace to us without money? Your plan gives us no revenue. No ! But it does — For it secures to the subject the power of REFUSAL ; the first of all revenues. Experience is a cheat, and fact a 5 liar, if this power in the subject of proportioning his grant, or if not granting at all, has not been found the richest mine of revenue ever discovered by the skill or by the fortune of man. It does not indeed vote you ;£i52,75o: ii : 2|ths, nor any other paltry limited sum. — But it gives the strong 10 box itself, the fund, the bank, from whence only revenues can arise amongst a people sensible of freedom : Posita luditur a7'ca}y Cannot you in England ; cannot you at this time ofday ; cannot you, a House of Commons, trust to the principle which has raised so mighty a revenue, and accu- 15 mulated a debt of near 140 millions in this country? Is this principle to be true in England, and false everywhere else ? Is it not true in Ireland ? Has it not hitherto been true in the colonies? Why should you presume, that, in any country, a body duly constituted for any function, will 20 neglect to perform its duty, and abdicate its trust? Such a presumption would go against all governments in all modes. But, in truth, this dread of penury of supply, from a free assembly, has no foundation in nature. For first observe, that, besides the desire which all men have naturally of sup- 25 porting the honour of their own government, that sense of dignity, and that security to property, which ever attends freedom, has a tendency to increase the stock of the free community. Most may be taken where most is accumulated. And what is the soil or climate where experience has not .0 uniformly proved, that the voluntary flow of heaped-up plenty, bursting from the weight of its own rich luxuriance, has ever ON CONCILIATION WITH AMERICA. 159 run with a more copious stream of revenue, than could be squeezed from the dry husks of oppressed indigence, by the straining of all the politic machinery in the world. Next we know, that parties must ever exist in a free coun- try. We know, too, that the emulations of such parties, 5 their contradictions, their reciprocal necessities, their hopes, and their fears, must send them all in their turns to him that holds the balance of the state. The parties are the gamesters ; but government keeps the table, and is sure to be the winner in the end. When this game is played, I really think it is 10 more to be feared that the people will be exhausted, than that government will not be supplied. Whereas, whatever is got by acts of absolute power ill obeyed, because odious, or by contracts ill kept-, because constrained, will be narrow, feeble, uncertain, and precarious. ^^ Ease would retract 15 vows made in pain, as violent and void^ ^ I, for one, protest against compounding our demands : I declare against compounding for a poor limited sum, the immense, overgrowing, eternal debt," which is due to gen- erous government from protected freedom. And so may I 20 speed in the great object I propose to you, as I think it would not only be an act of injustice, but would be the worst economy in the world, to compel the colonies to a sum certain, either in the way of ransom, or in the way of compulsory compact. 25 But to clear up my ideas on this subject — a revenue from America transmitted hither — do not delude yourselves — you never can receive it — No, not a shilling. We have experience that from remote countries it is not to be ex- pected. If, when you attempted to extract revenue from 10 Bengal, you were obliged to return in loan what you had L^' 160 ON CONCILIATION WITH AMERICA. taken in imposition ; what can you expect from North America? For certainly, if ever there was a country quali- fied to produce wealth, it is India ; or an institution fit for the transmission, it is the East India Company. America 5 has none of these aptitudes. If America 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 com- modities to pay the duties on these objects, which you tax at home, she has performed her part to the British revenue. 10 But with regard to her own internal establishments ; she may, I doubt not she will, contribute in moderation. I say in moderation ; for she ought not to 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 15 to have, must be considerable in her quarter of the globe. There she may serve you, and serve you essentially. For that service, for all service, whether of revenue, trade, or empire, my trust is in her interest in the British consti- tution. My hold of the colonies is in the close affection 20 which grows from common names, from kindred blood, from similar privileges, and equal protection. These are ties, which, thougli light as air, are as strong as links of iron. Let the colonies always keep the idea of their civil rights associated with your government ; — they will cling and 25 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 ;^one ; the 30 cohesion is loosened ; and everything hastens to decay and dissolution. As long as you have the wisdom to keep the ON CONCILIATION WITH AMERICA, 161 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 theiff~faces towards you.^ The more they multiply, the more friends you will have ; the more 5 ardently they love liberty, the more perfect will be their obedience. Slavery they can have anywhere. It is a weed that grows in every soil. They may have it from Spain, they may have it from Prussia. But, until you become lost to all feeling of your true interest and your natural dignity, free- 10 dom they can have from none but you. This is the com- modity 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. Deny them this participation of freedom, and 15 you break that sole bond, which originally made, and must still preserve, the unity of the empire. Do not entertain so weak an imagination, as that your registers and your bonds, your affidavits and your sufferances, your cockets and your clearances, are what form the great securities of your com- 20 merce. Do not dream that your letters of office, and your instructions, and your suspending clauses, are the things that hold together the great contexture of the mysterious whole. These things do not make your government. Dead instruments, passive tools as they are, it is the spirit of the 25 English communion that gives all their Kfe and efficacy to them. It is the spirit of the English constitution, which, in- fused through the mighty mass, pervades, feeds, unites, invigorates, vivifies every part of the empire, even down to the minutest member.^ 30 Is it not the same virtue which does everything for us 162 ON CONCILIATION WITH AMERICA. here in England ? Do you imagine then, that it is the land tax act which raises your 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 5 discipline ? No ! surely no ! 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 institution, which gives you your army and your navy, and infuses into both that liberal obedience, without which your army would 10 be a base rabble, and your navy nothing but rotten timber. All this, I know well enough, will sound wild and chimeri- cal to the profane herd of those vulgar and mechanical poli- ticians, who have no place among us ; a sort of people who think that nothing exists but what is gross and material ; 15 and who therefore, far from being qualified to be 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 principles, which, in the opinion of such men as I have mentioned, have no substan- 20 tial existence, are in truth everything, and all in all. Mag- nanimity in politics is not seldom the truest wisdom ; and a great empire and little minds go ill together. If we are con- scious of our situation, and glow with zeal to fill our place as becomes our station and ourselves, we ought to auspicate 25 all our public proceedings on America with the old warning of the church, Sursinn co7'da! ^ We ought to elevate our minds to the greatness of that trust to which the order of Providence has called us. By adverting to the dignity of this high calling, our ancestors have turned a savage wil- 30 derness into a glorious empire ; and have made the most extensive, and the only honourable conquests, not by destroy- ON CONCILIATION WITH AMERICA. 163 ing, 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. Enghsh privileges have made it all that it is ; English privileges alone will make it all it can be. '5 In full confidence of this unalterable truth, I now {quod %< ,T\'^J felix faitstiimque sit^) lay the first stone of the temple of peace ; and I move you, I "That the colonies and plantations of Great Britain in North America, consisting of fourteen separate governments, lo I and containing two millions and upwards of free inhabitants, ( have not had the liberty and privilege of electing and send- I ing any knights and burgesses, or others, to represent them j in the high court of parliament." Upon this resolution, the previous question was put, and carried; — for the previous question 270, against it 78. I As the propositions were opened separately in the body of the speech, the reader perhaps may wish to see the whole j of them together, in the form in which they were moved for. { ^^ Moved, That the colonies and plantations of Great 20 Britain in North America, consisting of fourteen separate governments, and containing two millions and upwards of free inhabitants, have not had the liberty and privilege of i electing and sending any knights and burgesses, or others, to represent them in the high court of parliament." 25 I " That the said colonies and plantations have been made I liable to, and bounden by, several subsidies, payments, rates, and taxes, given and granted by parliament ; though the said colonies and plantations have not their knights and bur- 164 ON CONCILIATION WITH AMERICA. gesses, in the said high court of parHament, of their own election, to represent the condition of their country; by lack whereof, they have been oftentimes touched a7id grieved by subsidies given, granted, and assented to, in the said court, 5 in a manner prejudicial to the commonwealth, quietness, rest, a7id peace, of the subjects inhabiting within the same^ " That, from the distance of the said colonies, and from other circumstances, no method hath hitherto been devised for procuring a representation in parliament for the said lo colonies." " That each of the said colonies hath within itself a body, chosen, in part or in the whole, by the freemen, freeholders, or other free inhabitants thereof, commonly called the gen- eral assembly, or general court ; with powers legally to raise, 15 levy, and assess, according to the several usage of such colonies, duties and taxes towards defraying all sorts of pub- lic services." ^ " That the said general assemblies, general courts, or other bodies, legally qualified as aforesaid, have at sundry times 20 freely granted several large subsidies and public aids for his Majesty's service, according to their abilities, when required thereto by letter from one of his Majesty's principal secre- taries of state ; and that their right to grant the same, and their cheerfulness and sufficiency in the said grants, have 25 been at sundry times acknowledged by parliament." " That it hath been found by experience, that the manner of granting the said supplies and aids, by the said general assemblies, hath been more agreeable to the inhabitants of the said colonies, and more beneficial and conducive to the 30 public service, than the mode of giving and granting aids and subsidies in parliament to be raised and paid in the said colonies." ON CONCILIATION WITH AMERICA. 165 "That it may be proper to repeal an act, made in the seventh year of the reign of his present Majesty, intituled, An act for granting certain duties in the British colonies and plantations in America ; for allowing a drawback of the duties of customs, upon the exportation from this kingdom, 5 of coffee and cocoa-nuts, of the produce of the said colonies or plantations ; for discontinuing the drawbacks payable on China earthenware exported to America ; and for more ef- fectually preventing the clandestine running of goods in the said colonies and plantations." 10 "That it may be proper to repeal an act made in the fourteenth year of the reign of his present Majesty, intituled. An act to discontinue, in such manner, and for such time, as are therein mentioned, the landing and discharging, lading or shipping of goods, wares, and merchandise, at the town, and 15 within the harbour, of Boston, in the province of Massachu- setts Bay, in North America." "That it may be proper to repeal an act, made in the fourteenth year of the reign of his present Majesty, intituled. An act for the impartial administration of justice, in cases of 20 persons questioned for any acts done by them in the execu- tion of the law, or for the suppression of riots and tumults, in the province of Massachusetts Bay, in New England." " That it is proper to repeal an act, made in the fourteenth year of the reign of his present Majesty, intituled. An act 25 for the better regulating the government of the province of Massachusetts Bay, in New England." " That it is proper to explain and amend an act made in the thirty-fifth year of the reign of King Henry VIII., in- tituled. An act for the trial of treasons committed out of the 30 kinsf's dominions." 166 ON CONCILIATION WITH AMERICA. *' That, from the time when the general assembly, or gen- eral court, of any colony or plantation, in North America, shall have appointed, by act of assembly duly confirmed, a settled salary to the offices of the chief justice and judges of 5 the superior courts, it may be proper that the said chief justice and other judges of the superior courts of such colony shall hold his and their office and offices during their good behaviour ; and shall not be removed therefrom, but when the said removal shall be adjudged by his Majesty in council, lo upon a hearing on complaint from the general assembly, or on a complaint from the governor, or council, or the house of representatives, severally, of the colony in which the said chief justice and other judges have exercised the said office." " That it may be proper to regulate the courts of admiralty, 15 or vice-admiralty, authorized by the fifteenth chapter of the fourth of George III., in such a manner, as to make the same more commodious to those who sue, or are sued, in the said courts ; and to provide for the more decent maintenance of the judges of the sained A LETTER TO JOHN FARR AND JOHN HARRIS, Esqrs., Sheriffs of the City of Bristol, ON THE AFFAIRS OF AMERICA. 1777. Gentlemen : I have the honour of sending you the two last acts which have been passed with regard to the troubles in America. These acts are similar to all the rest which have been made on the same subject. They operate by the same principle ; and they are derived from the very same 5 policy. I think they complete the number of this sort of statutes to nine. It affords no matter for very pleasing reflection to observe that our subjects diminish as our laws increase. If I have the misfortune of differing with some of my to fellow-citizens on this great and arduous subject, it is no small consolation to me that I do not differ from you. With you I am perfectly united. We are heartily agreed in our detestation of a civil war. We have ever expressed the most unqualified disapprobation of all the steps which have 15 led to it, and of all those whi9h, tend to prolong it. And I have no doubt that we feel exactly the same emotions of grief and shame in all its nfijserable consequences ; whether they appear, on the one side or the other, in the shape of 167 168 LETTER TO THE SHERIFFS OF BRISTOL victories or defeats, of captures made from the English on the continent, or from the EngHsh in these islands ; of legis- lative regulations which subvert the Uberties of our brethren, or which undermine our own. 5 Of the first of these statutes (that for the letter of marque)^ I shall say little. Exceptionable as it may be, and as I think it is in some particulars, it seems the natural, perhaps neces- sary, result of the measures we have taken, and the situation we are in. The other (for a partial suspension of the Habeas lo CorpusY appears to me of a much deeper malignity. Dur- ing its progress through the House of Commons, it has been amended, so as to express, more distinctly than at first it did, the avowed sentiments of those who framed it : and the main ground of my exception to it is, because it does express, 15 and does carry into execution, purposes which appear to me so contradictory to all the principles, not only of the consti- tutional policy of Great Britain, but even of that species of hostile justice, which no asperity of war wholly extinguishes in the minds of a civihzed people. 20 It seems to have in view two capital objects ; the first, to enable administration to confine, as long as it shall think proper, those whom that act is pleased to qualify by the name oi pirates. Those so qualified I understand to be the commanders and mariners of such privateers and ships of 25 war belonging to the colonies, as in the course of this un- happy contest may fall into the hands of the crown. They are therefore to be detained in prison, under the criminal description of piracy, to a future trial and ignominious pun- ishment, whenever circumstances shall make it convenient 30 to execute vengeance on them, under the colour of that odious and infamous offence. ON THE AFFAIRS OF AMERICA, 169 To this first purpose of the law I have no small dislike; because the act does not (as all laws and all equitable trans- actions ought to do) fairly describe its object. The persons who make a naval war upon us, in consequence of the present troubles, may be rebels ; but to call and treat them as pirates, 5 is confounding, not only the natural distinction of things, but the order of crimes : which, whether by putting them from a higher part of the scale to the lower, or from the lower to the higher, is never done without dangerously disordering the whole frame of jurisprudence. Though piracy may be, 10 in the eye of the law, a less offence than treason ; yet as both are, in effect, punished with the same death, the same forfeiture, and the same corruption of blood, I never would take from any fellow-creature whatever any sort of advantage which he may derive to his safety from the pity of mankind, 15 or to his reputation from their general feelings, by degrad- ing his offence, when I cannot soften his punishment. The general sense of mankind tells me, that those offences, which may possibly arise from mistaken virtue, are not in the class of infamous actions. Lord Coke, the oracle of the English 20 law, conforms to that general sense where he says, that " those things which are of the highest criminality may be of the least disgrace." The act prepares a sort of masked proceeding, not honourable to the justice of the kingdom, and by no means necessary for its safety. I cannot enter 25 into it. If Lord Balmerino,^ in the last rebellion, had driven off the cattle of twenty clans, I should have thought it would have been a scandalous and low juggle, utterly unworthy of the manliness of an English judicature, to have tried him for felony as a stealer of cows. 30 Besides, I must honestly tell you, that I could not vote for. 170 LETTER TO THE SHERIFFS OF BRISTOL or countenance in any way, a statute, which stigmatizes with the crime of piracy these men, whom an act of parhament had previously put out of the protection of the law. When the legislature of this kingdom had ordered all their ships 5 and goods, for the mere new-created offence of exercising trade, to be divided as a spoil among the seamen of the navy,^ — to consider the necessary reprisal of an unhappy, pro- scribed, interdicted people, as the crime of piracy, would have appeared, in any other legislature than ours, a strain of 10 the most insulting and most unnatural cruelty and injustice. I assure you I never remember to have heard of anything like it in any time or country. The second professed purpose of the act is, to detain in England for trial those who shall commit high treason in 15 America. That you may be enabled to enter into the true spirit of the present law, it is necessary, gentlemen, to apprize you, that there is an act, made so long ago as in the reign of Henry the Eighth, before the existence or thought of any 20 English colonies in America, for the trial in this kingdom of treasons committed out of the realm. In the year 1769, par- liament thought proper to acquaint the crown with their construction of that act in a formal address, wherein they entreated his Majesty to cause persons, charged with high 25 treason in America, to be brought into this kingdom for trial. By this act of Henry the Eighth, so cotistrued a?id so applied, almost all that is substantial and beneficial in a trial by a jury is taken away from the subject in the colonies.^ This is however saying too little ; for to try a man under 30 that act is, in effect, to condemn him unheard. A person is brought hither in the dungeon of a ship's hold ; thence he ON THE AFFAIRS OF AMERICA. 171 is vomited into a dungeon on land ; loaded with irons, unfur- nished with money, unsupported by friends, three thousand miles from all means of calling upon or confronting evidence, where no one local circumstance that tends to detect perjury, can possibly be judged of; — such a person may be executed 5 according to form, but he can never be tried according to justice. I therefore could never reconcile myself to the bill I send you ; which is expressly provided to remove all inconven- iences from the establishment of a mode of trial, which has 10 ever appeared to me most unjust and most unconstitutional. Far from removing the difficulties which impede the execu- tion of so mischievous a project, I would heap new difficulties upon it, if it were in my power. All the ancient, honest, juridical principles and institutions of England are so many 15 clogs to check and retard the headlong course of violence and oppression. They were invented for this one good purpose, that what was not just should not be convenient. Convinced of this, I would leave things as I found them. The old, cool-headed, general law, is as good as any devia- 20 tion dictated by present heat. I could see no fair, justifiable expedience pleaded to favour this new suspension of the hberty of the subject. If the English in the colonies can support the independency, to which they have been unfortunately driven, I suppose no- 25 body has such a fanatical zeal for the criminal justice of Henry the Eighth, that he will contend for executions which must be retaliated tenfold on his own friends ; or who has conceived so strange an idea of English dignity, as to think the defeats in America compensated by the triumphs at Ty- 30 burn.^ If, on the contrary, the colonies are reduced to the 172 LETTER TO THE SHERIFFS OF BRISTOL obedience of the crown, there must be, under that authority, tribunals in the country itself, fully competent to administer justice on all offenders. But if there are not, and that we must suppose a thing so humiliating to our government, as 5 that all this vast continent should unanimously concur in thinking, that no ill fortune can convert resistance to the royal authority into a criminal act, we may call the effect of our victory peace, or obedience, or what we will ; but the war is not ended ; the hostile mind continues in full vigour, 10 and it continues under a worse form. If your peace be nothing more than a sullen pause from arms ; if their quiet be nothing but the meditation of revenge, where smitten pride smarting from its wounds festers into new rancour ; neither the act of Henry the Eighth, nor its handmaid of this reign, 15 will answer any wise end of policy or justice. For if the bloody fields, which they saw and felt, are not suiBcient to subdue the reason of America, (to use the expressive phrase of a great lord in office,) it is not the judicial slaughter, which is made in another hemisphere against their universal 20 sense of justice, that will ever reconcile them to the British government. I take it for granted, gentlemen, that we sympathize in a proper horror of all punishment further than as it serves for an example. To whom then does the example of an execu- 25 tion in England for this American rebellion apply ? Remem- ber, you are told every day, that the present is a contest between the two countries ; and that we in England are at war for our own dignity against our rebelHous children. Is this true ? If it be, it is surely among such rebelhous chil- 30 dren that examples for disobedience should be made, to be in any degree instructive : for whoever thought of teaching ON THE AFFAIRS OF AMERICA. 173 parents their duty by an example from the punishment of an undutiful son? As well might the execution of a fugitive negro in the plantations be considered as a lesson to teach masters humanity to their slaves. Such executions may in- deed satiate our revenge ; they may harden our hearts, and 5 puff us up with pride and arrogance. Alas ! this is not instruction ! If anything can be drawn from such examples by a parity of the case, it is to show how deep their crime and how heavy their punishment will be, who shall at any time dare 10 to resist a distant power actually disposing of their property, without their voice or consent to the disposition ; and over- turning their franchises without charge or hearing. God for- bid that England should ever read this lesson written in the blood of any of her offspring ! 15 War is at present carried on between the king's natural and foreign troops ^ on one side, and the EngHsh in America on the other, upon the usual footing of other wars ; and ac- cordingly an exchange of prisoners has been regularly made from the beginning. If notwithstanding this hitherto equal 20 procedure, upon some prospect of ending the war with suc- cess, (which however may be delusive,) administration pre- pares to act against those as traitors who remain in their hands at the end of the troubles, in my opinion we shall exhibit to the world as indecent a piece of injustice as ever 25 civil fury has produced. If the prisoners, who have been exchanged, have not by that exchange been vh'tually par- doned, the cartel (whether avowed or understood) is a cruel fraud ; for you have received the life of a man, and you ought to return a life for it, or there is no parity of fairness 30 in the transaction. 174 LETTER TO THE SHERIFFS OF BRISTOL If, on the other hand, we admit, that they who are actually exchanged are pardoned, but contend that you may justly reserve for vengeance those who remain unexchanged ; then this unpleasant and unhandsome consequence will follow ; 5 that you judge of the dehnquency of men merely by the time of their guilt, and not by the heinousness of it ; and you make fortune and accidents, and not the moral qualities of human action, the rule of your justice. These strange incongruities must ever perplex those who lo confound the unhappiness of civil dissensions with the crime of treason. Whenever a rebellion really and truly exists, which is as easily known in fact as it is difficult to define in words, government has not entered into such military con- ventions ; but has ever declined all intermediate treaty, which 15 should put rebels in possession of the law of nations with regard to war. Commanders would receive no benefits at their hands, because they could make no return for them. Who has ever heard of capitulation, and parole of honour, and exchange of prisoners, in the late rebellions in this king- 20 dom ? The answer to all demands of that sort was, " We can engage for nothing; you are at the king's pleasure." We ought to remember, that if our present enemies be, in reality and truth, rebels, the king's generals have no right to release them upon any conditions whatsoever ; and they are 25 themselves answerable to the law, and as much in want of a pardon for doing so, as the rebels whom they release. Lawyers, I know, cannot make the distinction for which I contend ; because they have their strict rule to go by. But legislators ought to do what lawyers cannot ; for they have 30 no other rules to bind them, but the great principles of rea- son and equity, and the general sense of mankind. These ON THE AFFAIRS OF AMERICA. 175 they are bound to obey and follow ; and rather to enlarge and enlighten law by the liberality of legislative reason, than to fetter and bind their higher capacity by the narrow con- structions of subordinate, artificial j ustice. If we had adverted to this, we never could consider the convulsions of a great 5 empire, not disturbed by a Uttle disseminated faction, but divided by whole communities and provinces, and entire legal representatives of a people, as fit matter of discussion under a commission of Oyer and Terminer.^ It is as opposite to reason and prudence, as it is to humanity and justice. 10 This act, proceeding on these principles, that is, preparing to end the present troubles by a trial of one sort of hostility under the name of piracy, and of another by the name of treason, and executing the act of Henry the Eighth accord- ing to a new and unconstitutional interpretation, I have 15 thought evil and dangerous, even though the instruments of effecting such purposes had been merely of a neutral quality. But it really appears to me, that the means which this act employs are, at least, as exceptionable as the end. Permit me to open myself a Httle upon this subject, because it is of 20 importance to me, when I am obliged to submit to the power without acquiescing in the reason of an act of legislature, that I should justify my dissent by such arguments as may be supposed to have weight with a sober man. The main operative regulation of the act is to suspend 25 the common law, and the statute Habeas Corpus, (the sole securities either for liberty or justice,) with regard to all those who have been out of the realm, or on the high seas, within a given time. The rest of the people, as I understand, are to continue as they stood before. 30 I confess, gentlemen, that this appears to me as bad in the 176 LETTER TO THE SHERIFFS OF BRISTOL principle, and far worse in its consequence, than an universal suspension of the Habeas Corpus act ; and the limiting quali- fication, instead of taking out the sting, does in my humble opinion sharpen and envenom it to a greater degree. Liberty, 5 if I understand it at all, is a general principle, and the clear right of all the subjects within the realm, or of none. Partial freedom seems to me a most invidious mode of slavery. But, unfortunately, it is the kind of slavery the most easily admitted in times of civil discord ; for parties are but too apt to forget 10 their own future safety in their desire of sacrificing their enemies. People without much difficulty admit the entrance of that injustice of which they are not to be the immediate victims. In times of high proceeding it is never the faction of the predominant power that is in danger : for no tyranny 15 chastises its own instruments. It is the obnoxious and the suspected who want the protection of law ; and there is nothing to bridle the partial violence of state factions, but this ; " that whenever an act is made for a cessation of law and justice, the whole people should be universally subjected 20 to the same suspension of their franchises." The alarm of such a proceeding would then be universal. It would operate as a sort of Call of the nation. It would become every man's immediate and instant concern to be made very sensible of the absolute necessity of this total eclipse of liberty. They 25 would more carefully advert to every renewal, and more pow- erfully resist it. These great determined measures are not commonly so dangerous to freedom. They are marked with too strong lines to sHde into use. No plea, nor pretence, of incojivenience or evil example (which must in their nature 30 be daily and ordinary incidents) can be admitted as a reason for such mighty operations. But the true danger is, ON THE AFFAIRS OF AJMERICA. 177 when liberty is nibbled away, for expedients, and by parts. The Habeas Corpus act supposes, contrary to the genius of most other laws, that the lawful magistrate may see particular men with a malignant eye, and it provides for that identical case. But when men, in particular descriptions, marked out 5 by the magistrate himself, are delivered over by parliament to this possible malignity, it is not the Habeas Corpus that is occasionally suspended, but its spirit that is mistaken, and its principle that is subverted. Indeed nothing is security to any individual but the common interest of all. 10 This act, therefore, has this distinguished evil in it, that it is the first partial suspension of the Habeas Corpus that has been made. The precedent, which is always of very great importance, is now established. For the first time a distinc- tion is made among the people within this realm. Before 15 this act, every man putting his foot on English ground, every stranger owing only a local and temporary allegiance, even negro slaves who had been sold in the colonies and under an act of parliament, became as free as every other man who breathed the same air with them. Now a line is drawn, 20 which may be advanced farther and farther at pleasure, on the same argument of mere expedience, on which it was first described. There is no equality among us ; we are not fellow-citizens, if the mariner, who lands on the quay, does not rest on as firm legal ground as the merchant who sits in 25 his counting-house. Other laws may injure the community, this dissolves it. As things now stand, every man in the West Indies, every one inhabitant of three unoffending prov- inces on the continent, every person coming from the East Indies, every gentleman who has travelled for his health or 30 education, every mariner who has navigated the seas, is, for 178 LETTER TO THE SHERIFFS OF BRISTOL no other offence, under a temporary proscription. Let any of these facts (now become presumptions of guilt) be proved against him, and the bare suspicion of the crown puts him out of the law. It is even by no means clear to me, whether 5 the negative proof does not lie upon the person apprehended on suspicion, to the subversion of all justice, I have not debated against this bill in its progress through the House ; because it would have been vain to oppose, and impossible to correct it. It is some time since I have been 10 clearly convinced, that in the present state of things all opposition to any measures proposed by ministers, where the name of America appears, is vain and frivolous. You may be sure that I do not speak of my opposition, which in all circumstances must be so ; but that of men of the 15 greatest wisdom and authority in the nation. Everything proposed against America is supposed of course to be in favour of Great Britain. Good and ill success are equally admitted as reasons for persevering in the present methods. Several very prudent, and very well-intentioned, persons were 20 of opinion, that during the prevalence of such dispositions, all struggle rather inflamed than lessened the distemper of the public councils. Finding such resistance to be consid- ered as factious by most within-doors, and by very many without, I cannot conscientiously support what is against my 25 opinion, nor prudently contend with what I know is irresist- ible. Preserving my principles unshaken, I reserve my activity for rational endeavours ; and I hope that my past conduct has given sufficient evidence that if I am a single day from my place, it is not owing to indolence or love of 30 dissipation. The slightest hope of doing good is sufficient to recall me to what I quitted with regret. In declining for ON THE AFFAIRS OF AMERICA. 179 some time my usual strict attendance, I do not in the least condemn the spirit of those gentlemen, who, with a just confidence in their abilities, (in which I claim a sort of share from my love and admiration of them,) were of opinion that their exertions in this desperate case might be of some ser- 5 vice. They thought, that by contracting the sphere of its application, they might lessen the malignity of an evil prin- ciple. Perhaps they were in the right. But when my opin- ion was so very clearly to the contrary, for the reasons I have just stated, I am sure my attendance would have been 10 ridiculous.^ I must add in further explanation of my conduct, that, far from softening the features of such a principle, and thereby removing any part of the popular odium or natural terrors attending it, I should be sorry that anything framed in con- 15 tradiction to the spirit of our constitution did not instantly produce, in fact, the grossest of the evils with which it was pregnant in its nature. It is by lying dormant a long time, or being at first very rarely exercised, that arbitrary power steals upon a people. On the next unconstitutional act, all 20 the fashionable world will be ready to say — Your prophecies are ridiculous, your fears are vain, you see how little of the mischiefs which you formerly foreboded are come to pass. Thus, by degrees, that artful softening of all arbitrary power, the alleged infrequency or narrow extent of its operation, 25 will be received as a sort of aphorism — and Mr. Hume will not be singular in telling us that the felicity of mankind is no more disturbed by it, than by earthquakes or thunder, or the other more unusual accidents of nature. The act of which I speak is among the fruits of the 30 American war ; a war in my humble opinion productive of ISO LETTER TO THE SHERIFFS OF BRISTOL many mischiefs, of a kind which distinguish it from all others. Not only our policy is deranged, and our empire distracted, but our laws and our legislative spirit appear to have been totally perverted by it. We have made war on 5 our colonies, not by arms only, but by laws. As hostility and law are not very concordant ideas, every step we have taken in this business has been made by trampling on some maxim of justice, or some capital principle of wise govern- ment. What precedents were established, and what prin- 10 ciples overturned, (I will not say of English privilege, but of general justice,) in the Boston Port, the Massachusetts Charter, the Mihtary Bill,^ and all that long array of hostile acts of parliament, by which the war with America has been begun and supported ! Had the principles of any of these 15 acts been first exerted on English ground, they would prob- ably have expired as soon as they touched it. But by being removed from our persons, they have rooted in our laws, and the latest posterity will taste the fruits of them. Nor is it the worst effect of this unnatural contention, 20 that our laws are corrupted. Whilst manneis remain entire, they will correct the vices of law, and soften it at length to their own temper. But we have to lament, that in most of the late proceedings we see very few traces of that gener- osity, humanity, and dignity of mind, which formerly char- 25 acterized this nation. War suspends the rules of moral obligation, and what is long suspended is in danger of being totally abrogated. Civil wars strike deepest of all into the manners of the people. They vitiate their politics ; they corrupt their morals ; they pervert even the natural taste 30 and relish of equity and justice. By teaching us to consider our fellow-citizens in a hostile hght, the whole body of our ON THE AFFAIRS OF AMERICA. 181 nation becomes gradually less dear to us. The very names of affection and kindred, which were the bond of charity whilst we agreed, become new incentives to hatred and rage, when the communion of our country is dissolved. We may flatter ourselves that we shall not fall into this misfor- 5 tune. But we have no charter of exemption, that I know of, from the ordinary frailties of our nature. What but that blindness of heart which arises from the phrensy of civil contention, could have made any persons conceive the present situation of the British affairs as an 10 object of triumph to themselves, or of congratulation to their sovereign? Nothing surely could be more lamentable to those who remember the flourishing days of this kingdom, than to see the insane joy of several unhappy people, amidst the sad spectacle which our affairs and conduct exhibit to 15 the scorn of Europe. We behold (and it seems some people rejoice in beholding) our native land, which used to sit the envied arbiter of all her neighbours, reduced to a servile dependence on their mercy; acquiescing in assurances of friendship which she does not trust ; complaining of hostil- 20 ities which she dares not resent ; deficient to her allies ; lofty to her subjects, and submissive to her enemies;^ whilst the liberal government of this free nation is supported by the hireling sword of German boors and vassals ; and three mil- lions of the subjects of Great Britain are seeking for protec- 25 tion to English privileges in the arms of France ! ^ These circumstances appear to me more like shocking prodigies, than natural changes in human affairs. Men of firmer minds may see them without staggering or astonish- ment. — Some may think them matters of congratulation and 30 complimentary addresses ; but I trust your candour will be 182 LETTER TO THE SHERIFFS OF BRISTOL SO indulgent to my weakness, as not to have the worse opin- ion of me for my dechning to participate in this joy, and my rejecting all share whatsoever in such a triumph. I am too old, too stiff in my inveterate partialities, to be ready at 5 all the fashionable evolutions of opinion. I scarcely know how to adapt my mind to the feelings with which the court gazettes mean to impress the people. It is not instantly that I can be brought to rejoice, when I hear of the slaughter and captivity of long lists of those names which have been 10 familiar to my ears from my infancy, and to rejoice that they have fallen under the sword of strangers, whose barbar- ous appellations I scarcely know how to pronounce. The glory acquired at the White Plains by Colonel Raille has no charms for me ; and I fairly acknowledge, that I have not 15 yet learned to delight in finding Fort Kniphausen in the heart of the British dominions.^ It might be some consolation for the loss of our old regards, if our reason were enlightened in proportion as our honest prejudices are removed. Wanting feelings for 20 the honour of our country, we might then in cold blood be brought to think a litde of our interests as individual citizens, and our private conscience as moral agents. Indeed our affairs are in a bad condition. I do assure those gentlemen who have prayed for war, and have obtained 25 the blessing they have sought, that they are at this instant in very great straits. The abused wealth of this country continues a little longer to feel its distemper. As yet they, and their German allies of twenty hireling states," have con- tended only with the unprepared strength of our own infant 30 colonies. But America is not subdued. Not one unattacked village which was originally adverse throughout that vast ON THE AFFAIRS OF AMERICA. 183 continent, has yet submitted from love or terror. You have the ground you encamp on ; and you have no more. The cantonments of your troops and your dominions are exactly of the same extent. You spread devastation, but you do not enlarge the sphere of authority. 5 The events of this war are of so much greater magnitude than those who either wished or feared it ever looked for, that this alone ought to fill every considerate mind with anxiety and diffidence. Wise men often tremble at the very things which fill the thoughtless with security. For many 10 reasons I do not choose to expose to public view all the particulars of the state in which you stood with regard to foreign powers, during the whole course of the last year. Whether you are yet wholly out of danger from them, is more than I know, or than your rulers can divine. But 15 even if I were certain of my safety, I could not easily for- give those who had brought me into the most dreadful perils, because by accidents, unforeseen by them or me, I have escaped. Believe me, gentlemen, the way still before you is intricate, 20. dark, and full of perplexed and treacherous mazes. Those who think they have the clue may lead us out of this laby- rinth. We may trust them as amply as we think proper; but as they have most certainly a call for all the reason which their stock can furnish, why should we think it proper 25 to disturb its operation by inflaming their passions ? I may be unable to lend an helping hand to those who direct the state ; but I should be ashamed to make myself one of a noisy multitude to halloo and hearten them into doubtful and dangerous courses. A conscientious man would be 30 cautious how he dealt in blood. He would feel some ap- 184 LETTER TO THE SHERIFFS OF BRISTOL prehension at being called to a tremendous account for engaging in so deep a play, without any sort of knowledge of the game. It is no excuse for presumptuous ignorance, that it is directed by insolent passion. The poorest being 5 that crawls on earth, contending to save itself from injustice and oppression, is an object respectable in the eyes of God and man. But I cannot conceive any existence under heaven, (which, in the depths of its wisdom, tolerates all sorts of things,) that is more truly odious and disgusting, 10 than an impotent, helpless creature, without civil wisdom or military skill, without a consciousness of any other qualifica- tion for power but his servility to it, bloated with pride and arrogance, calling for battles which he is not to fight, con- tending for a violent dominion which he can never exercise, 15 and satisfied to be himself mean and miserable, in order to render others contemptible and wretched. If you and I find our talents not of the great and ruling kind, our conduct, at least, is conformable to our faculties. No man's life pays the forfeit of our rashness. No desolate 20 widow weeps tears of blood over our ignorance. Scrupulous and sober in our well-grounded distrust of ourselves, we would keep in the port of peace and security ; and perhaps in recommending to others something of the same diffidence, we should show ourselves more charitable in their welfare, 25 than injurious to their abilities. There are many circumstances in the zeal shown for civil war, which seem to discover but little of real magnanimity. The addressers offer their own persons, and they are satis- fied with hiring Germans. They promise their private for- 30 tunes, and they mortgage their country. They have all the merit of volunteers, without risk of person or charge of con- ON THE AFFAIRS OF AMERICA. 185 tribution ; and when the unfeeling arm of a foreign soldiery pours out their kindred blood like water, they exult and tri- umph as if they themselves had performed some notable exploit. I am really ashamed of the fashionable language which has been held for some time past ; which, to say the 5 best of it, is full of levity. You know that I allude to the general cry against the cowardice of the Americans, as if we despised them for not making the king's soldiery purchase the advantage they have obtained at a dearer rate.^ It is not, gentlemen, it is not to respect the dispensations of Provi- 10 dence, nor to provide any decent retreat in the mutabiHty of human affairs. It leaves no medium between insolent victory and infamous defeat. It tends to alienate our minds farther and farther from our natural regards, and to make an eternal rent and schism in the British nation. Those 15 who do not wish for such a separation, would not dissolve that cement of reciprocal esteem and regard, which can alone bind together the parts of this great fabric. It ought to be our wish, as it is our duty, not only to forbear this style of outrage ourselves, but to make every one as sensi- 20 ble as we can of the impropriety and unworthiness of the tempers which give rise to it, and which designing men are labouring with such malignant industry to diffuse amongst us. It is our business to counteract them, if possible ; if possible, to awake our natural regards ; and to revive the 25 old partiality to the Enghsh name. Without something of this kind I do not see how it is ever practicable really to reconcile with those, whose affection, after all, must be the surest hold of our government ; and which is a thousand times more worth to us, than the mercenary zeal of all the 30 circles of Germany, 186 LETTER TO THE SHERIFFS OF BRISTOL I can well conceive a country completely overrun, and miserably wasted, without approaching in the least to settle- ment. In my apprehension, as long as Enghsh government is attempted to be supported over Englishmen by the sword 5 alone, things will thus continue. I anticipate in my mind the moment of the final triumph of foreign military force. When that hour arrives, (for it may arrive,) then it is, that all this mass of weakness and violence will appear in its full light. If we should be expelled from America, the delusion lo of the partisans of military government might still continue. They might still feed their imaginations with the possible good consequences which might have attended success. Nobody could prove the contrary by facts. But in case the sword should do all that the sword can do, the success of 15 their arms and the defeat of their pohcy will be one and the same thing. You will never see any revenue from America. Some increase of the means of corruption, without ease of the public burthens, is the very best that can happen. Is it for this that we are at war ; and in such a war ? 20 As to the difficulties of laying once more the foundations of that government, which, for the sake of conquering what was our own, has been voluntarily and wantonly pulled down by a court faction here, I tremble to look at them. Has any of these gentlemen, who are so eager to govern all mankind, 25 showed himself possessed of the first quahfication towards government, some knowledge of the object, and of the diffi- culties which occur in the task they have undertaken ? I assure you, that, on the most prosperous issue of your arms, you will not be where you stood, when you called in 30 war to supply the defects of your political establishment. Nor would any disorder or disobedience to government ON THE AFFAIRS OF AMERICA. 187 which could arise from the most abject concession on our part, ever equal those which will be felt, after the most triumphant violence. You have got all the intermediate evils of war into the bargain. I think I know America.^ If I do not, my ignorance is 5 incurable, for I have spared no pains to understand it : and I do most solemnly assure those of my constituents who put any sort of confidence in my industry and integrity, that every thing that has been done there has arisen from a total misconception of the object; that our means of originally 10 holding America, that our means of reconciling with it after quarrel, of recovering it after separation, of keeping it after victory, did depend, and must depend in their several stages and periods, upon a total renunciation of that unconditional submission, which has taken such possession of the minds 15 of violent men. The whole of those maxims, upon which we have made and continued this war, must be abandoned. Nothing indeed (for I would not deceive you) can place us in our former situation. That hope must be laid aside. But there is a difference between bad and the worst of all. 20 Terms relative to the cause of the war ought to be offered by the authority of parliament. An arrangement at home promising some security for them ought to be made. By doing this, without the least impairing of our strength, we add to the credit of our moderation, which, in itself, is 25 always strength more or less. I know many have been taught to think, that moderation, in a case like this, is a sort of treason ; and that all argu- ments for it are sufficiently answered by raihng at rebels and rebellion, and by charging all the present or future miseries, 30 which we may suffer, on the resistance of our brethren. But 188 LETTER TO THE SHERIFFS OF BRISTOL I would wish them, in this grave matter, and if peace is not wholly removed from their hearts, to consider seriously, first, that to criminate and recriminate never yet was the road to reconciliation, in any difference amongst men. In the next 5 place, it would be right to reflect, that the American English (whom they may abuse, if they think it honourable to revile the absent) can, as things now stand, neither be provoked at our railing, nor bettered by our instruction. All com- munication is cut off between us,^ but this we know with cer- lo tainty, that, though we cannot reclaim them, we may reform ourselves. If measures of peace are necessary, they must begin somewhere ; and a conciliatory temper must precede and prepare every plan of reconciliation. Nor do I con- ceive that we suffer anything by thus regulating our own 15 minds. We are not disarmed by being disencumbered of our passions. Declaiming on rebellion never added a bayo- net, or a charge of powder, to your military force ; but I am afraid that it has been the means of taking up many muskets against you. 20 This outrageous language, which has been encouraged and kept alive by every art, has already done incredible mischief. For a long time, even amidst the desolations of war, and the insults of hostile laws daily accumulated on one another, the American leaders seem to have had the greatest difficulty in 25 bringing up their people to a declaration of total independ- ence.^ But the court gazette accompHshed what the abettors of independence had attempted in vain. When that disin- genuous compilation, and strange medley of railing and flat- tery, was adduced as a proof of the united sentiments of the 30 people of Great Britain, there was a great change through- out all America. The tide of popular affection, which had ON THE AFFAIRS OF AMERICA, 189 Still set towards the parent country, begun immediately to turn, and to flow with great rapidity in a contrary course. Far from concealing these wild declarations of enmity, the author of the celebrated pamphlet, which prepared the minds of the people for independence, insist largely on the multi- 5 tude and the spirit of these addresses ; and he draws an argument from them, which (if the fact was as he supposes) must be irresistible. For I never knew a writer on the theory of government so partial to authority as not to allow, that the hostile mind of the rulers to their people did fully 10 justify a change of government ; nor can any reason what- ever be given, why one people should voluntarily yield any degree of pre-eminence to another, but on a supposition of great affection and benevolence towards them. Unfortunately your rulers, trusting to other things, took no notice of this 15 great principle of connexion. From the beginning of this affair, they have done all they could to alienate your minds from your own kindred ; and if they could excite hatred enough in one of the parties towards the other, they seemed to be of opinion that they had gone half the way towards 20 reconciling the quarrel. I know it is said, that your kindness is only ahenated on account of their resistance ; and therefore if the colonies surrender at discretion, all sort of regard, and even much indulgence, is meant towards them in future. But can those 25 who are partisans for continuing a war to enforce such a sur- render be responsible (after all that has passed) for such a future use of a power, that is bound by no compacts, and restrained by no terror? Will they tell us what they call indulgences ? Do they not at this instant call the present 30 war, and all its horrors, a lenient and merciful proceeding? 190 LETTER TO THE SHERIFFS OF BRISTOL No conqueror, that I ever heard of, has p7'ofessed to make a cruel, harsh, and msolent use of his conquest. No ! The man of the most declared pride scarcely dares to trust his own heart with this dreadful secret of ambition. But it will 5 appear in its time ; and no man, who professes to reduce another to the insolent mercy of a foreign arm, ever had any sort of good-will towards him. The profession of kindness, with that sword in his hand, and that demand of surrender, is one of the most provoking acts of his hostility. I shall be 10 told, that all this is lenient as against rebellious adversaries. But are the leaders of their faction more lenient to those who submit? Lord Howe and General Howe have powers, under an act of parliament, to restore to the king's peace and to free trade any men, or district, which shall submit.^ 15 Is this done? We have been over and over informed by the authorized gazette, that the city of New York, and the countries of Staten and Long Island, have submitted volun- tarily and cheerfully, and that many are very full of zeal to the cause of administration. Were they instantly restored 20 to trade? Are they yet restored to it? Is not the benig- nity of two commissioners, naturally most humane and gener- ous men, some way fettered by instructions, equally against their dispositions and spirit of parliamentary faith; when Mr. Tryon, vaunting of the fidehty of the city in which he is 25 governor, is obliged to apply to ministry for leave to protect the king's loyal subjects, and to grant to them (not the dis- puted rights and privileges of freedom) but the common rights of men, by the name of graces ? Why do not the commissioners restore them on the spot? Were they not 30 named as commissioners for that express purpose ? But we see well enough to what the whole leads. The trade of ON THE AFFAIRS OF AMERICA. 191 America is to be dealt out m private mdulgences and graces ; ^ that is, in jobs to recompense the incendiaries of war. They will be informed of the proper time in which to send out their merchandise. From a national, the American trade is to be turned into a personal monopoly : and one set of merchants 5 are to be rewarded for the pretended zeal, of which another set are the dupes ; and thus, between craft and credulity, the voice of reason is stifled ; and all the misconduct, all the calamities of the war are covered and continued. If I had not lived long enough to be little surprised at 10 anything, I should have been in some degree astonished at the continued rage of several gentlemen, who, not satisfied with carrying fire and sword into America, are animated nearly with the same fury against those neighbours of theirs, whose only crime it is, that they have charitably and hu- 15 manely wished them to entertain more reasonable senti- ments, and not always to sacrifice their interest to their passion. All this rage against unresisting dissent convinces me, that, at bottom, they are far from satisfied they are in the right. For what is it they would have ? A war ? They 20 certainly have at this moment the blessing of something that is very like one ; and if the war they enjoy at present be not sufficiently hot and extensive, they may shortly have it as warm and as spreading as their hearts can desire.^ Is it the force of the kingdom they call for? They have it 25 already; and if they choose to fight their battles in their own person, nobody prevents their setting sail to America in the next transports. Do they think, that the service is stinted for want of liberal supphes ? Indeed they complain without reason. The table of the House of Commons will 30 glut them, let their appetite for expense be never so keen. 192 .ETTER TO THE SHERIFFS OF BRISTOL And I assure them further, that those who think with them in the House of Commons are full as easy in the control, as they are liberal in the vote, of these expenses. If this be not supply or confidence sufficient, let them open their own 5 private purse-strings, and give, from what is left to them, as largely and with as little care as they think proper. Tolerated in their passions, let them learn not to persecute the moderation of their fellow-citizens. If all the world joined them in a full cry against rebellion, and were as hotly 10 inflamed against the whole theory and enjoyment of free- dom, as those who are the most factious for servitude, it could not in my opinion answer any one end whatsoever in this contest. The leaders of this war could not hire (to gratify their friends) one German more than they do; or 15 inspire him with less feeling for the persons, or less value for the privileges, of their revolted brethren. If we all adopted their sentiments to a man, their allies, the savage Indians, could not be more ferocious than they are : they could not murder one more helpless woman or child, or with more 20 exquisite refinements of cruelty torment to death one more of their English flesh and blood, than they do already. The pubHc money is given to purchase this alliance ; — and they have their bargain. They are continually boasting of unanimity ; or calling for 25 it. But before this unanimity can be matter either of wish or congratulation, we ought to be pretty sure that we are engaged in a rational pursuit. Phrensy does not become a slighter distemper on account of the number of those who may be infected with it. Delusion and weakness produce 30 not one mischief the less, because they are universal. I declare, that I cannot discern the least advantage which ON THE AFFAIRS OF AMERICA. 193 could accrue to us, if we were able to persuade our colonies that they had not a single friend in Great Britain. On the contrary, if the affections and opinions of mankind be not exploded as principles of connexion, I conceive it would be happy for us if they were taught to believe, that there was 5 even a formed American party in England, to whom they could always look for support ! Happy would it be for us, if, in all tempers, they might turn their eyes to the parent state ; so that their very turbulence and sedition should find vent in no other place than this. I believe there is not a 10 man (except those who prefer the interest of some paltry faction to the very being of their country) who would not wish that the Americans should from time to time carry many points, and even some of them not quite reasonable by the aid of any denomination of men here, rather than 15 they should be driven to seek for protection against the fury of foreign mercenaries, and the waste of savages, in the arms of France. When any community is subordinately connected with another, the great danger of the connexion is the extreme 20 pride and self-complacency of the superior, which in all matters of controversy will probably decide in its own favour. It is a powerful corrective to such a very rational cause of fear, if the inferior body can be made to believe, that the party inclination, or political views, of several in the prin- 25 cipal state, will induce them in some degree to counteract this blind and tyrannical partiality. There is no danger that any one acquiring consideration or power in the presiding state should carry this learning to the inferior too far. The fault of human nature is not of that sort. Power, in what- 30 ever hands, is rarely guilty of too strict limitations on itself. 194 LETTER TO THE SHERIFFS OF BRISTOL But one great advantage to the support of authority attends such an amicable and protecting connexion, that those who have conferred favours obtain influence ; and from the fore- sight of future events can persuade men, who have received 5 obhgations, sometimes to return them. Thus by the media- tion of those heahng principles, (call them good or evil,) troublesome discussions are brought to some sort of adjust- ment ; and every hot controversy is not a civil war. But, if the colonies (to bring the general matter home to lo us) could see, that, in Great Britain, the mass of the people is melted into its government, and that every dispute with the ministry must of necessity be always a quarrel with the nation ; they can stand no longer in the equal and friendly relation of fellow- citizens to the subjects of this kingdom. 15 Humble as this relation may appear to some, when it is once broken, a strong tie is dissolved. Other sort of connexions will be sought. For, there are very few in the world, who will not prefer a useful ally to an insolent master. Such discord has been the effect of the unanimity into 20 which so many have of late been seduced or bullied, or into the appearance of which they have sunk through mere de- spair. They have been told that their dissent from violent measures is an encouragement to rebellion. Men of great presumption and little knowledge will hold a language which 25 is contradicted by the whole course of history. General rebellions and revolts of a whole people never were eiicour- aged, now or at any time. They are always provoked. But if this unheard-of doctrine of the encouragement of rebellion were true, if it were true that an assurance of the friendship 30 of numbers in this country towards the colonies could become an encouragement to them to break off all connexion with ON THE AFFAIRS OF AMERICA, 195 it, what is the inference? Does anybody seriously main- tain, that, charged with my share of the pubhc councils, I am obliged not to resist projects which I think mischievous, lest men who suffer should be encouraged to resist ? The very tendency of such projects to produce rebellion is one 5 of the chief reasons against them. Shall that reason not be given? Is it then a rule, that no man in this nation shall open his mouth in favour of the colonies, shall defend their rights, or complain of their sufferings? Or when war finally breaks out, no man shall express his desires of peace ? Has 10 this been the law of our past, or is it to be the terms of our future connexion? Even looking no farther than ourselves, can it be true loyalty to any government, or true patriotism towards any country, to degrade their solemn councils into servile drawing-rooms, to flatter their pride and passions, 15 rather than to enlighten their reason, and to prevent them from being cautioned against violence lest others should be encouraged to resistance ? By such acquiescence great kings and mighty nations have been undone ; and if any are at this day in a perilous situation from resisting truth, and hstening 20 to flattery, it would rather become them to reform the errors under which they suffer, than to reproach those who fore- warned them of their danger. But the rebels looked for assistance from this country. They did so, in the beginning of this controversy, most cer- 25 tainly ; and they sought it by earnest supplications to gov- ernment, which dignity rejected, and by a suspension of commerce, which the wealth of this nation enabled you to despise. When they found that neither prayers nor menaces had any sort of weight, but that a firm resolution was taken 30 to reduce them to unconditional obedience by a military 196 LETTER TO THE SHERIFFS OF BRISTOL force, they came to the last extremity. Despairing of us, they trusted in themselves. Not strong enough themselves, they sought succour in France. In proportion as all en- couragement here lessened, their distance from this country 5 increased. The encouragement is over; the ahenation is complete.^ In order to produce this favourite unanimity in delusion, and to prevent all possibility of a return to our ancient happy concord, arguments for our continuance in this course 10 are drawn from the wretched situation itself into which we have been betrayed. It is said, that being at war with the colonies, whatever our sentiments might have been before, all ties between us are now dissolved ; and all the policy we have left is to strengthen the hands of government to reduce 15 them. On the principle of this argument, the more mis- chiefs we suffer from any administration, the more our trust in it is to be confirmed. Let them but once get us into a war, and then their power is safe, and an act of oblivion passed for all their misconduct. 20 But is it really true, that government is always to be strengthened with the instruments of war, but never fur- nished with the means of peace ? In former times, minis- ters, I allow, have been sometimes driven by the popular voice to assert by arms the national honour against foreign 25 powers. But the wisdom of the nation has been far more clear, when those ministers have been compelled to consult its interest by treaty. We all know that the sense of the nation obhged the court of King Charles the Second to abandon the Dutch war; a war next to the present the 30 most impohtic which we ever carried on. The good people of England considered Holland as a sort of dependency on ON THE AFFAIRS OF AMERICA. 197 this kingdom ; they dreaded to drive it to the protection, or subject it to the power of France, by their own incon- siderate hostihty. They paid but Httle respect to the court jargon of that day ; nor were they inflamed by the pre- tended rivalship of the Dutch in trade ; by their massacre 5 at Amboyna,* acted on the stage to provoke the pubHc ven- geance ; nor by declamations against the ingratitude of the United Provinces for the benefits England had conferred upon them in their infant state. They were not moved from their evident interest by all these arts ; nor was it enough to 10 tell them, they were at war ; that they must go through with it ; and that the cause of the dispute was lost in the conse- quences. The people of England were then, as they are now, called upon to make government strong. They thought it a great deal better to make it wise and honest. 15 ' When I was amongst my constituents at the last summer assizes, I remember that men of all descriptions did then express a very strong desire for peace, and no slight hopes of attaining it from the commission sent out by my Lord Howe. And it is not a little remarkable, that, in proportion 20 as every person showed a zeal for the court measures, he was then earnest in circulating an opinion of the extent of the supposed powers of that commission. When I told them that Lord Howe had no powers to treat, or to promise satisfaction on any point whatsoever of the controversy, I 25 was hardly credited ; so strong and general was the desire of terminating this war by the method of accommodation. As far as I could discover, this was the temper then prevalent through the kingdom. The king's forces, it must be ob- served, had at that time been obliged to evacuate Boston. 30 The superiority of the former campaign rested wholly with 198 LETTER TO THE SHERIFFS OF BRISTOL the colonists. If such powers of treaty were to be wished, whilst success was very doubtful, how came they to be less so, since his Majesty's arms have been crowned with many considerable advantages? Have these successes induced us 5 to alter our mind ; as thinking the season of victory not the time for treating with honour or advantage? Whatever changes have happened in the national character, it can scarcely be our wish, that terms of accommodation never should be proposed to our enemy, except when they must lo be attributed solely to our fears. It has happened, let me say unfortunately, that we read of his Majesty's commission for making peace, and his troops evacuating his last town in the thirteen colonies, at the same hour and in the same gazette.^ It was still more unfortunate, that no commission 15 went to America to settle the troubles there, until several months after an act had been passed to put the colonies out of the protection of this government, and to divide their trading property, without a possibility of restitution, as spoil among the seamen of the navy. The most abject submission 20 on the part of the colonies could not redeem them. There was no man on that whole continent, or within three thou- sand miles of it, qualified by law to follow allegiance with protection, or submission with pardon. A proceeding of this kind has no example in history. Independency, and inde- 25 pendency with an enmity, (which putting ourselves out of the question, would be called natural and much provoked,) was the inevitable consequence. How this came to pass, the nation may be one day in an humour to inquire. All the attempts made this session to give fuller powers of 30 peace to the commanders in America, were stifled by the fatal confidence of victory, and the wild hopes of uncon- ON THE AFFAIRS OF AMERICA. 199 ditional submission. There was a moment favourable to the king's arms, when if any powers of concession had existed on the other side of the x'Vtlantic, even after all our errors, peace in all probability might have been restored.-^ But calamity is unhappily the usual season of reflection ; and 5 the pride of men will not often suffer reason to have any scope until it can be no longer of service. I have always wished, that as the dispute had its apparent origin from things done in parliament, and as the acts passed there had provoked the war, that the foundations of peace 10 should be laid in parliament also. I have been astonished to find, that those, whose zeal for the dignity of our body was so hot as to light up the flames of civil war, should even publicly declare, that these delicate points ought to be wholly left to the crown. Poorly as I may be thought affected to 15 the authority of parliament, I shall never admit that our constitutional rights can ever become a matter of ministerial negotiation. I am charged with being an American. If warm affection towards those over whom I claim any share of authority be 20 a crime, I am guilty of this charge. But I do assure you, (and they who know me publicly and privately will bear wit- ness to me,) that if ever one man lived more zealous than another for the supremacy of parliament, and the rights of this imperial crown, it was myself. Many others indeed 25 might be more knowing in the extent of the foundation of these rights. I do not pretend to be an antiquary, a lawyer, or qualified for the chair of professor in metaphysics. I never ventured to put your solid interests upon speculative grounds.^ My having constantly declined to do so has been 30 attributed to my incapacity for such disquisitions ; and I am 200 LETTER TO THE SHERIFFS OF BRISTOL 1 inclined to believe it is partly the cause. I never shall be ashamed to confess, that where I am ignorant I am diffident. I am indeed not very solicitous to clear myself of this imputed incapacity ; because men, even less conversant than I am in 5 this kind of subtleties, and placed in stations to which I ought not to aspire, have, by the mere force of civil discretion, often conducted the affairs of great nations with distinguished felicity and glory. When I first came into a public trust, I found your parlia- 10 ment in possession of an unlimited legislative power over the colonies.^ I could not open the statute book without seeing the actual exercise of it, more or less, in all cases what- soever. This possession passed with me for a title. It does so in all human affairs. No man examines into the defects 15 of his title to his paternal estate, or to his established gov- ernment. Indeed common sense taught me, that a legisla- tive authority, not actually limited by the express terms of • its foundation, or by its own subsequent acts, cannot have its powers parcelled out by argumentative distinctions, so as 20 to enable us to say, that here they can, and there they can- not, bind. Nobody was so obhging as to produce to me any record of such distinctions, by compact or otherwise, either at the successive formation of the several colonies, or during the existence of any of them. If any gentlemen 25 were able to see how one power could be given up (merely on abstract reasoning) without giving up the rest, I can only say, that they saw farther than I could ; nor did I ever pre- sume to condemn any one for being clear-sighted, when I was blind. I praise the penetration and learning ; and hope 30 that their practice has been correspondent to their theory. I had indeed very earnest wishes to keep the whole body ON THE AFFAIRS OF AMERICA. 201 of this authority perfect and entire as I found it : and to keep it so, not for our advantage solely ; but principally for the sake of those, on whose account all just authority exists ; I mean the people to be governed. For I thought I saw, that many cases might well happen, in which the exercise of 5 every power comprehended in the broadest idea of legisla- ture, might become, in its time and circumstances, not a Kttle expedient for the peace and union of the colonies amongst themselves, as well as for their perfect harmony with Great Britain. Thinking so, (perhaps erroneously,) but being hon- 10 estly of that opinion, I was at the same time very sure, that the authority, of which I was so jealous, could not under the actual circumstances of our plantations be at all preserved in any of its members, but by the greatest reserve in its application; particularly in those delicate points, in which 15 the feelings of mankind are the most irritable. They who thought otherwise, have found a few more difficulties in their work than (I hope) they were thoroughly aware of, when they undertook the present business. I must beg leave to observe, that it is not only the invidious branch of taxation 20 that will be resisted, but that no other given part of legisla- tive rights can be exercised, without regard to the general opinion of those who are to be governed. That general opinion is the vehicle and organ of legislative omnipotence. Without this, it may be a theory to entertain the mind, but 25 it is nothing in the direction of affairs. The completeness of the legislative authority of parliament over this kingdom is not questioned ; and yet many things indubitably included in the abstract idea of that power, and which carry no abso- lute injustice in themselves, yet being contrary to the opin- 30 ions and feeUngs of the people, can as Uttle be exercised, as 202 LETTER TO THE SHERIFFS OF BRISTOL if parliament in that case had been possessed of no right at all. I see no abstract reason, which can be given, why the same power, which made and repealed the High-Commission Court and the Star-Chamber, might not revive them again ;^ 5 and these courts, warned by their former fate, might possi- bly exercise their powers with some degree of justice. But the madness would be as unquestionable, as the competence of that parliament which should attempt such things. If anything can be supposed out of the power of human legis- 10 lature, it is religion : I admit, however, that the established religion of this country has been three or four times altered by act of parliament ; and therefore that a statute binds even in that case. But we may very safely affirm, that, not- withstanding this apparent omnipotence, it would be now 15 found as impossible for king and parhament to alter the established religion of this country, as it was to King James alone, when he attempted to make such an alteration without a parliament. In effect, to follow, not to force the public inclination ; to give a direction, a form, a technical dress, 20 and a specific sanction, to the general sense of the commu- nity, is the true end of legislature. It is so with regard to the exercise of all the powers which our constitution knows in any of its parts, and indeed to the substantial existence of any of the parts themselves. The 25 king's negative to bills is one of the most indisputed of the royal prerogatives ; and it extends to all cases whatsoever. I am far from certain, that if several laws which I know had fallen under the stroke of that sceptre, that the public would have had a very heavy loss. But it is not the propriety of 30 the exercise which is in question. The exercise itself is wisely forborne. Its repose may be the preservation of its \ ON THE AFFAIRS OF AMERICA, 203 existence ; and its existence may be the means of saving the constitution itself, on an occasion worthy of bringing it forth. As the disputants, whose accurate and logical rea- sonings have brought us into our present condition, think it absurd, that powers or members of any constitution should 5 exist, rarely or never to be exercised, I hope I shall be ex- cused in mentioning another instance, that is material. We know, that the Convocation of the Clergy ^ had formerly been called, and sat with nearly as much regularity to business as parliament itself. It is now called for form only. It sits 10 for the purpose of making some polite ecclesiastical compli- ments to the king ; and, when that grace is said, retires and is heard of no more. It is however a part of the constitution, and may be called out into act and energy, whenever there is occasion ; and whenever those, who conjure up that spirit, 15 will choose to abide the consequences. It is wise to permit its legal existence ; it is much wiser to continue it a legal existence only. So truly has prudence (constituted as the god of this lower world) the entire dominion over every exercise of power committed into its hands ; and yet I have 20 lived to see prudence and conformity to circumstances wholly set at nought in our late controversies, and treated as if they were the most contemptible and irrational of all things. I have heard it a hundred times very gravely alleged, that in order to keep power in wind, it was necessary, by prefer- 25 ence, to exert it in those very points in which it was most likely to be resisted, and the least likely to be productive of any advantage. These were the considerations, gentlemen, which led me early to think, that, in the comprehensive dominion which 30 the Divine Providence had put into our hands, instead of 204 LETTER TO THE SHERIFFS OF BRISTOL troubling our understandings with speculations concerning the unity of empire, and the identity or distinction of legis- lative powers, and inflaming our passions with the heat and pride of controversy, it was our duty, in all soberness, to 5 conform our government to the character and circumstances of the several people who composed this mighty and strangely diversified mass. I never was wild enough to conceive, that one method would serve for the whole ; that the natives of Hindostan and those of Virginia could be ordered in the lo same manner ; or that the Cutchery court ^ and the grand jury of Salem could be regulated on a similar plan. I was persuaded that government was a practical thing, made for the happiness of mankind, and not to furnish out a spectacle of uniformity, to gratify the schemes of visionary politicians. 15 Our business was to rule, not to wrangle ; and it would have been a poor compensation that we had triumphed in a dis- pute, whilst we lost an empire. If there be one fact in the world perfectly clear it is this : "That the disposition of' the people of America is wholly 20 averse to any other than a free government;" and this is indication enough to any honest statesman, how he ought to adapt whatever power he finds in his hands to their case. If any ask me what a free government is, I answer, that, for any practical purpose, it is what the people think so ; and 25 that they, and not I, are the natural, lawful, and competent judges of this matter. If they practically allow me a greater degree of authority over them than is consistent with any correct ideas of perfect freedom, I ought to thank them for so great a trust, and not to endeavour to prove from thence, 30 that they have reasoned amiss, and that having gone so far, by analogy, they must hereafter have no enjoyment but by my pleasure. ON THE AFFAIRS OF AMERICA. 205 If we had seen this done by any others, we should have concluded them far gone in madness. It is melancholy as well as ridiculous, to observe the kind of reasoning with which the public has been amused, in order to divert our minds from the common sense of our American policy. 5 There are people, who have split and anatomized the doc- trine of free government, as if it were an abstract question concerning metaphysical liberty and necessity ; and not a matter of moral prudence and natural feeling. They have disputed, whether liberty be a positive or a negative idea ; 10 whether it does not consist in being governed by laws, with- out considering what are the laws, or who are the makers ; whether man has any rights by nature ; and whether all the property he enjoys be not the alms of his government, and his life itself their favour and indulgence. Others, corrupt- 15 ing religion, as these have perverted philosophy, contend, that Christians are redeemed into captivity ; and the blood of the Saviour of mankind has been shed to make them the slaves of a few proud and insolent sinners. These shocking extremes provoking to extremes of another kind, 20 speculations are let loose as destructive to all authority, as the former are to all freedom ; and every government is called tyranny and usurpation which is not formed on their fancies. In this manner the stirrers-up of this contention, not satisfied with distracting our dependencies and filling 25 them with blood and slaughter, are corrupting our under- standings : they are endeavouring to tear up, along with practical liberty, all the foundations of human society, all equity and justice, religion and order. Civil freedom, gentlemen, is not, as many have endeav- 30 oured to persuade you, a thing that lies hid in the depth of 206 LETTER TO THE SHERIFFS OF BRISTOL abstruse science. It is a blessing and a benefit, not an abstract speculation ; and all the just reasoning that can be upon it is of so coarse a texture, as perfectly to suit the ordinary capacities of those who are to enjoy, and of those 5 who are to defend it. Far from any resemblance to those propositions in geometry and metaphysics, which admit no medium, but must be true or false in all their latitude; social and civil freedom, like all other things in common life, are variously mixed and modified, enjoyed in very different 10 degrees, and shaped into an infinite diversity of forms, ac- cording to the temper and circumstances of every commu- nity. The extreme of liberty (which is its abstract perfection, but its real fault) obtains nowhere, nor ought to obtain any- where. Because extremes, as we all know, in every point 15 which relates either to our duties or satisfactions in Hfe, are destructive both to virtue and enjoyment.^ Liberty too must be limited in order to be possessed. The degree of restraint it is impossible in any case to settle precisely. But it ought to be the constant aim of every wise public council, to find 20 out by cautious experiments, and rational, cool endeavours, v/ith how little, not how much, of this restraint, the com- munity can subsist. For liberty is a good to be improved, and not an evil to be lessened. It is not only a private blessing of the first order, but the vital spring and energy of 25 the state itself, which has just so much Hfe and vigour as there is liberty in it. But whether liberty be advantageous or not, (for I know it is a fashion to decry the very prin- ciple,) none will dispute that peace is a blessing ; and peace must in the course of human affairs be frequently bought by 30 some indulgence and toleration at least to liberty. For as the sabbath (though of Divine institution) was made for ON THE AFFAIRS OF AMERICA. 207 man, not man for the sabbath, government, which can claim no higher origin or authority, in its exercise at least, ought to conform to the exigences of the time, and the temper and character of the people, with whom it is concerned ; and not always to attempt violently to bend the people to 5 their theories of subjection. The bulk of mankind on their part are not excessively curious concerning any theories, whilst they are really happy ; and one sure symptom of an ill-conducted state is the propensity of the people to resort to them. 10 But when subjects, by a long course of such ill conduct, are once thoroughly inflamed, and the state itself violently distempered, the people must have some satisfaction to their feelings more solid than a sophistical speculation on law and government. Such was our situation ; and such a satisfac- 15 tion was necessary to prevent recourse to arms ; it was necessary towards laying them down ; it will be necessary to prevent the taking them up again and again. Of what nature this satisfaction ought to be, I wish it had been the disposi- tion of parliament seriously to consider. It was certainly a 20 deUberation that called for the exertion of all their wisdom. I am, and ever have been, deeply sensible of the difficulty of reconciling the strong presiding power, that is so useful towards the conservation of a vast, disconnected, infinitely diversified empire, with that liberty and safety of the prov- 25 inces, which they must enjoy, (in opinion and practice at least,) or they will not be provinces at all. I know, and have long felt, the difficulty of reconciling the unwieldy haughtiness of a great ruling nation, habituated to command, pampered by enormous wealth, and confident from a long 30 course of prosperity and victory, to the high spirit of free 208 LETTER TO THE SHERIFFS OF BRISTOL dependencies, animated with the first glow and activity of juvenile heat, and assuming to themselves, as their birth- right, some part of that very pride which oppresses them. They who perceive no difficulty in reconcihng these tem- 5 pers, (which however to make peace must some way or other be reconciled,) are much above my capacity, or much below the magnitude of the business. Of one thing I am perfectly clear, that it is not by deciding the suit, but by compromis- ing the difference, that peace can be restored or kept. They 10 who would put an end to such quarrels, by declaring roundly in favour of the whole demands of either party, have mis- taken, in my humble opinion, the office of a mediator. The war is now of full two years' standing ; the contro- versy, of many more. In different periods of the dispute, 15 different methods of reconciliation were to be pursued. I mean to trouble you with a short state of things at the most important of these periods, in order to give you a more dis- tinct idea of our policy with regard to this most delicate of all objects. The colonies were from the beginning subject 20 to the legislature of Great Britain, on principles which they never examined ; and we permitted to them many local privileges, without asking how they agreed with that legisla- tive authority. Modes of administration were formed in an insensible and very unsystematic manner. But they gradu- 25 ally adapted themselves to the varying condition of things. — What was first a single kingdom, stretched into an empire ; and an imperial superintendency, of some kind or other, became necessary. Parliament, from a mere representative of the people, and a guardian of popular privileges for its 30 own immediate constituents, grew into a mighty sovereign. Instead of being a control on the crown on its own behalf, ON THE AFFAIRS OF AMERICA, 209 it communicated a sort of strength to the royal authority ; which was wanted for the conservation of a new object, but which could not be safely trusted to the crown alone. On the other hand, the colonies, advancing by equal steps, and governed by the same necessity, had formed within them- 5 selves, either by royal instruction or royal charter, assemblies so exceedingly resembling a parliament, in all their forms, functions, and powers, that it was impossible they should not imbibe some opinion of a similar authority.^ At the first designation of these assemblies, they were 10 probably not intended for anything more, (nor perhaps did they think themselves much higher,) than the municipal cor- porations within this island, to which some at present love to compare them. But nothing in progression can rest on its original plan. We may as well think of rocking a grown 15 man in the cradle of an infant. Therefore as the colonies prospered and increased to a numerous and mighty people, spreading over a very great tract of the globe ; it was natural that they should attribute to assemblies, so respectable in their formal constitution, some part of the dignity of the 20 great nations which they represented. No longer tied to by- laws, these assemblies made acts of all sorts and in all cases whatsoever. They levied money, not for parochial purposes, but upon regular grants to the crown, following all the rules and principles of a parliament to which they approached 25 every day more and more nearly. Those who think them- selves wiser than Providence, and stronger than the course of nature, may complain of all this variation, on the one side or the other, as their several humours and prejudices may lead them. But things could not be otherwise ; and English 30 colonies must be had on these terms, or not had at all. In 210 LETTER TO THE SHERIFFS OF BRISTOL the mean time, neither party felt any inconvenience from this double legislature, to which they had been formed by imperceptible habits, and old custom, the great support of all the governments in the world. Though these two legis- 5 latures were sometimes found perhaps performing the very same functions, they did not very grossly or systematically clash. In all likelihood this arose from mere neglect ; pos- sibly from the natural operation of things, which, left to themselves, generally fall into their proper order. But what- 10 ever was the cause, it is certain that a regular revenue, by the authority of parliament, for the support of civil and military establishments, seems not to have been thought of until the colonies were too proud to submit, too strong to be forced, too enlightened not to see all the consequences which must 15 arise from such a system. If ever this scheme of taxation was to be pushed against the inclinations of the people, it was evident that discussions must arise, which would let loose all the elements that com- posed this double constitution ; would show how much each 20 of their members had departed from its original principles ; and would discover contradictions in each legislature, as well to its own first principles as to its relation to the other, very difficult, if not absolutely impossible, to be reconciled. Therefore at the first fatal opening of this contest, the 25 wisest course seemed to be to put an end as soon as possi- ble to the immediate causes of the dispute ; and to quiet a discussion, not easily settled upon clear principles, and aris- ing from claims, which pride would permit neither party to abandon, by resorting as nearly as possible to the old, suc- 30 cessful course. A mere repeal of the obnoxious tax, with a declaration of the legislative authority of this kingdom, was ON THE AFFAIRS OF AMERICA. 211 then fully sufficient to procure peace to both sides. Man is a creature of habit, and, the first breach being of very short continuance, the colonies fell back exactly into their ancient state. The congress has used an expression with regard to this pacification, which appears to me truly significant. After 5 the repeal of the stamp act, " the colonies fell," says this assembly, " into their ancient state of unsuspecting confidence in the mother country.'' ^ This unsuspecting confidence is the true centre of gravity amongst mankind, about which all the parts are at rest. It is this tmsuspecting confidence that 10 removes all difficulties, and reconciles all the contradictions which occur in the complexity of all ancient, puzzled, poHt- ical establishments. Happy are the rulers which have the secret of preserving it ! The whole empire has reason to remember, with eternal 15 gratitude, the wisdom and temper of that man^ and his excel- lent associates, who, to recover this confidence, formed a plan of pacification in 1766. That plan, being built upon the nature of man, and the circumstances and habits of the two countries, and not on any visionary speculations, per- 20 fectly answered its end, as long as it was thought proper to adhere to it. Without giving a rude shock to the dig- nity (well or ill understood) of this parliament, they gave per- fect content to our dependencies. Had it not been for the mediatorial spirit and talents of that great man, between 25 such clashing pretensions and passions, we should then have rushed headlong (I know what I say) into the calamities of that civil war, in which, by departing from his system, we are at length involved ; and we should have been precipi- tated into that war, at a time when circumstances both at 3c home and abroad were far, very far, more unfavourable 212 LETTER TO THE SHERIFFS OF BRISTOL unto us than they were at the breaking out of the present troubles. I had the happiness of giving my first votes in parhament for their pacification. I was one of those ahuost unanimous 5 members, who, in the necessary concessions of parhament, would as much as possible have preserved its authority, and respected its honour. I could not at once tear from my heart prejudices which were dear to me, and which bore a resemblance to virtue. I had then, and I have still, my 10 partialities. What parhament gave up, I wished to be given as of grace, and favour, and affection, and not as a restitution of stolen goods. High dignity relented as it was soothed ; and a benignity from old acknowledged greatness had its full effect on our dependencies. Our unlimited declaration 15 of legislative authority produced not a single murmur. If this undefined power has become odious since that time, and full of horror to the colonies, it is because the unsuspiciotis confidence is lost, and the parental affection, in the bosom of whose boundless authority they reposed their privileges, is 20 become estranged and hostile. It will be asked, if such was then my opinion of the mode of pacification, how I came to be the very person who moved, not only for a repeal of all the late coercive statutes, but for mutilating, by a positive law, the entireness of the legislative 25 power of parliament, and cutting off from it the whole right of taxation? I answer, because a different state of things requires a different conduct. When the dispute had gone to these last extremities, (which no man laboured more to pre- vent than I did,) the concessions which had satisfied in the 30 beginning, could satisfy no longer ; because the violation of tacit faith required exphcit security. The same cause which ON THE AFFAIRS OF AMERICA. 213 has introduced all formal compacts and covenants among men made it necessary. I mean habits of soreness, jealousy, and distrust. I parted with it, as with a Hmb ; but as a limb to save the body ; and I would have parted with more, if more had been necessary ; anything rather than a fruitless, 5 hopeless, unnatural civil war. This mode of yielding would, it is said, give way to independency, without a war. I am persuaded from the nature of things, and from every infor- mation, that it would have had a directly contrary effect. But if it had this effect, I confess that I should prefer independ- 10 ency without war, to independency with it ; and I have so much trust in the inclinations and prejudices of mankind, and so little in anything else, that I should expect ten times more benefit to this kingdom from the affection of America, though under a separate estabhshment, than from her perfect 15 submission to the crown and parliament, accompanied with her terror, disgust, and abhorrence. Bodies tied together by so unnatural a bond of union as mutual hatred, are only connected to their ruin. One hundred and ten respectable members of parliament 20 voted for that concession. Many not present, when the motion was made, were of the sentiments of those who voted. I knew it would then have made peace. I am not without hopes that it would do so at present if it were adopted. No benefit, no revenue, could be lost by it ; some- 25 thing might possibly be gained by its consequences. For be fully assured, that, of all the phantoms that ever deluded the fond hopes of a credulous world, a parliamentary revenue in the colonies is the most perfectly chimerical. Your break- ing them to any subjection, far from reheving your burthens, 30 (the pretext for this war,) will never pay that mihtary force 214 LETTER TO THE SHERIFFS OF BRISTOL which will be kept up to the destruction of their liberties and yours. I risk nothing in this prophecy. Gentlemen, you have my opinion on the present state of public affairs. Mean as they may be in themselves, your 5 partiality has made them of some importance. Without troubling myself to inquire whether I am under a formal obligation to it, I have a pleasure in accounting for my con- duct to my constituents. I feel warmly on this subject, and I express myself as I feel. If I presume to blame any lo pubhc proceeding, I cannot be supposed to be personal. Would to God I could be suspected of it. My fault might be greater, but the public calamity would be less extensive. If my conduct has not been able to make any impression on the warm part of that ancient and powerful party, with whose 15 support I was not honoured at my election ; on my side, my respect, regard, and duty to them is not at all lessened. I owe the gentlemen who compose it my most humble ser- vice in everything. I hope that whenever any of them were pleased to command me, that they found me perfectly equal 20 in my obedience. But flattery and friendship are very dif- ferent things ; and to mislead is not to serve them. I can- not purchase the favour of any man by concealing from him what I think his ruin. By the favour of my fellow-citizens, I am the representative of an honest, well-ordered, virtuous 25 city ; of a people, who preserve more of the original English simplicity, and purity of manners, than perhaps any other. You possess among you several men and magistrates of large and cultivated understandings ; fit for any employment in any sphere. I do, to the best of my power, act so as to make 30 myself worthy of so honourable a choice. If I were ready, on any call of my own vanity or interest, or to answer any ON THE AFFAIRS OF AMERICA. 215 election purpose, to forsake principles, (whatever they are,) which I had formed at a mature age, on full reflection, and which had been confirmed by long experience, I should for- feit the only thing which makes you pardon so many errors and imperfections in me. Not that I think it fit for any one to rely too much on his own understanding ; or to be filled with a presumption, not becoming a Christian man, in his own personal stability and rectitude. I hope I am far from that vain confidence, which almost always fails in trial. I know my weakness in all respects, as much at least as any enemy I have ; and I attempt to take security against it. The only method which has ever been found effectual to preserve any man against the corruption of nature and example, is an habit of life and communication of counsels with the most virtuous and public-spirited men of the age you live in. Such a society cannot be kept with- out advantage, or deserted without shame. For this rule of conduct I may be called in reproach d, party man; but I am little affected with such aspersions. In the way which they call party, I worship the constitution of your fathers ; and I shall never blush for my political company. All reverence to honour, airidea of what it is, will be lost out of the world, before it can be imputed as a fault to any man, that he has been closely connected with those incomparable persons, living and dead, with whom for eleven years I have constantly thought and acted. If I have wandered out of the paths of rectitude into those of interested faction, it was in company with the Saviles, the Dowdeswells, the Wentworths, the Ben- tincks ; ^ with the Lenoxes, the Manchesters, the Keppels, the Saunderses ; with the temperate, permanent, hereditary virtue of the whole House of Cavendish ; ^ names, among 25 30 216 LETTER TO THE SHERIFFS OF BRISTOL which, some have extended your fame and empire in arms, and all have fought the battle of your liberties in fields not less glorious. — These, and many more like these, grafting public principles on private honour, have redeemed the pres- 5 ent age, and would have adorned the most splendid period in your history. Where could any man, conscious of his own inability to act alone, and willing to act as he ought to do, have arranged himself better? If any one thinks this kind of society to be taken up as the best method of gratify- 10 ing low, personal pride, or ambitious interest, he is mistaken ; and he knows nothing of the world. Preferring this connexion, I do not mean to detract in the shghtest degree from others. There are some of those, whom I admire at something of a greater distance, with 15 whom I have had the happiness also perfectly to agree, in almost all the particulars, in which I have differed with some successive administrations ; and they are such, as it never can be reputable to any government to reckon among its enemies. I hope there are none of you corrupted with the 20 doctrine taught by wicked men for the worst purposes, and received by the malignant credulity of envy and ignorance, which is, that the men who act upon the pubHc stage are all alike ; all equally corrupt ; all influenced by no other views than the sordid lure of salary and pension. The thing I 25 know by experience to be false. Never expecting to find perfection in men, and not looking for Divine attributes in created beings, in my commerce with my contemporaries, I have found much human virtue. I have seen not a little pubHc spirit ; a real subordination of interest to duty ; and 30 a decent and regulated sensibility to honest fame and repu- tation. The age unquestionably produces (whether in a ON THE AFFAIRS OF AMERICA. 1Y1 greater or less nuraber than former times, I know not) daring profligates, and insidious hypocrites. What then? Am I not to avail myself of whatever good is to be found in the world, because of the mixture of evil that will always be in it? The smallness of the quantity in currency only 5 heightens the value. They who raise suspicions on the good on account of the behaviour of ill men, are of the party of the latter. The common cant is no justification for taking this party. I have been deceived, say they, by Titius and McEviiis ; I have been the dupe of this pretender or of 10 that mountebank; and I can trust appearances no longer. But my credulity and want of discernment cannot, as I conceive, amount to a fair presumption against any man's integrity. A conscientious person would rather doubt his own judgment, than condemn his species. He would say, I 15 have observed without attention, or judged upon erroneous maxims ; I trusted to profession, when I ought to have attended to conduct. Such a man will grow wise, not ma- lignant, by his acquaintance with the world. But he that accuses all mankind of corruption, ought to remember that 20 he is sure to convict only one. In truth I should much rather admit those, whom at any time I have disrelished the most, to be patterns of perfection, than seek a consolation to my own unworthiness, in a general communion of depravity with all about me. 25 That this ill-natured doctrine should be preached by the missionaries of a court, I do not wonder. It answers their purpose. But that it should be heard among those who pre- tend to be strong assertors of liberty, is not only surprising, but hardly natural. This moral levelling is a se7'vile ^principle. 30 It leads to practical passive obedience far better than all the 218 LETTER TO THE SHERIFFS OF BRISTOL doctrines which the pHant accommodation of theology to power has ever produced. It cuts up by the roots, not only all idea of forcible resistance, but even of civil opposition. It disposes men to an abject submission, not by opinion, 5 which may be shaken by argument or altered by passion, but by the strong ties of pubhc and private interest. For if all men who act in a public situation are equally selfish, cor- rupt, and venal, what reason can be given for desiring any sort of change, which, besides the evils which must attend lo all changes, can be productive of no possible advantage? The active men in the state are true samples of the mass. If they are universally depraved, the commonwealth itself is not sound. We may amuse ourselves with talking as much as we please of the virtue of middle or humble life ; that is, 15 we may place our confidence in the virtue of those who have never been tried. But if the persons who are continu- ally emerging out of that sphere, be no better than those whom birth has placed above it, what hopes are there in the remainder of the body, which is to furnish the perpetual suc- 20 cession of the state ? All who have ever written on govern- ment are unanimous, that among a people generally corrupt, liberty cannot long exist. And indeed how is it possible ? when those who are to make the laws, to guard, to enforce, or to obey them, are, by a tacit confederacy of manners, indis- 25 posed to the spirit of all generous and noble institutions. I am aware that the age is not what we all wish. But I am sure, that the only means of checking its precipitate degeneracy, is heartily to concur with whatever is the best in our time : and to have some more correct standard of 30 judging what that best is, than the transient and uncertain favour of a court. If once we are able to find, and can pre- ON THE AFFAIRS OF AMERICA 219 vail on ourselves to strengthen, an union of such men, what- ever accidentally becomes indisposed to ill-exercised power, even by the ordinary operation of human passions, must join with that society, and cannot long be joined without in some degree assimilating to it. Virtue will catch as well as vice 5 by contact ; and the public stock of honest, manly principle will daily accumulate. We are not too nicely to scrutinize motives as long as action is irreproachable. It is enough (and for a worthy man perhaps too much) to deal out its infamy to convicted guilt and declared apostasy. 10 This, gentlemen, has been from the beginning the rule of my conduct ; and I mean to continue it, as long as such a body as I have described can by any possibihty be kept together; for I should think it the most dreadful of all offences, not only towards the present generation, but to all 15 the future, if I were to do anything which could make the minutest breach in this great conservatory of free principles. Those who perhaps have the same intentions, but are sepa- rated by some little political animosities, will I hope discern at last, how little conducive it is to any rational purpose, to 20 lower its reputation. For my part, gentlemen, from much experience, from no litde thinking, and from comparing a great variety of things, I am thoroughly persuaded, that the last hopes of preserving the spirit of the English constitution, or of reuniting the dissipated members of the English race 25 upon a common plan of tranquillity and liberty, does entirely depend on their firm and lasting union ; and above all, on their keeping themselves from that despair, which is so very apt to fall on those, whom a violence of character and a mixture of ambitious views do not support through a long, 30 painful, and unsuccessful struggle. 220 LETTER TO THE SHERIFFS OF BRISTOL There never, gentlemen, was a period in which the sted- fastness of some men has been put to so sore a trial. It is not very difficult for well-formed minds to abandon their interest ; but the separation of fame and virtue is a harsh 5 divorce.^ Liberty is in danger of being made unpopular to Englishmen. Contending for an imaginary power, we begin to acquire the spirit of domination, and to lose the relish of honest equality. The principles of our forefathers become suspected to us, because we see them animating the present 10 opposition of our children. The faults which grow out of the luxuriance of freedom appear much more shocking to us than the base vices which are generated from the rank- ness of servitude. Accordingly the least resistance to power appears more inexcusable in our eyes than the greatest 15 abuses of authority. All dread of a standing military force is looked upon as a superstitious panic. All shame of call- ing in foreigners and savages in a civil contest is worn off. We grow indifferent to the consequences inevitable to our- selves from the plan of ruling half the empire by a mercenary 20 sword. We are taught to believe, that a desire of domineer- ing over our countrymen is love to our country ; that those who hate civil war abate rebellion, and that the amiable and conciUatory virtues of lenity, moderation, and tenderness to the privileges of those who depend on this kingdom, are a 25 sort of treason to the state. It is impossible that we should remain long in a situation, which breeds such notions and dispositions, without some great alteration in the national character. Those ingenuous and feehng minds who are so fortified against all other 30 things, and so unarmed to whatever approaches in the shape of disgrace, finding these principles, which they considered ON THE AFFAIRS OF AMERICA. Ill as sure means of honour, to be grown into disrepute, will retire disheartened and disgusted. Those of a more robust make, the bold, able, ambitious men, who pay some of their court to power through the people, and substitute the voice of transient opinion in the place of true glory, will give in to 5 the general mode ; and those superior understandings which ought to correct vulgar prejudice, will confirm and aggravate its errors. Many things have been long operating towards a gradual change in our principles. But this American war has done more in a very few years, than all the other causes 10 could have effected in a century. It is therefore not on its own separate account, but because of its attendant circum- stances, that I consider its continuance, or its ending in any way but that of an honourable and liberal accommodation, as the greatest evils which can befall us. For that reason 15 I have troubled you with this long letter. For that reason I entreat you again and again, neither to be persuaded, shamed, or frighted out of the principles that have hitherto led so many of you to abhor the war, its cause, and its consequences. Let us not be among the first who renounce the maxims of 20 our forefathers. I have the honour to be, gentlemen, your most obedient and faithful humble servant, Edmund Burke. Beaconsfield, April 3, 1777. 25 BIOGRAPHICAL. 1 729-1 797. Born in Dublin, January, 1729. Early Education. Enters Dublin University. Law Studies at Middle Temple. Early Writings. In Ireland with Hamilton. Secretary to J^ord Rockingham. Returned to Parliament from Wendover, 1765. Purchase of Beaconsfield. Agent for New York. Visits France. Attitude toward America. Returned to Parliament from Bristol, October, 1774. Affairs of the Catholics. American War. Returned to Parliament from Malton, 1 780. Lord Rector of the University of Glasgow. Economical Reform. Affairs in India. French Revolution. Retirement from Public Life, 1794. His Son, Richard, succeeds him as Member for Malton. Sudden death of his Son. Letter to a Noble Lord. Death, 1797. 222 MINISTRIES DURING BURKE'S POLITICAL LIFE. Rockingham Ministry 1765 Chatham Ministry 1766 Grafton Ministry 1768 North Ministry 1770 Rockingham Ministry 1 782 Shelburne Ministry 1782 Coalition Ministry 1783 Pitt Ministry 1784 A GROUP OF BURKE'S LITERARY FRIENDS. J Oliver Goldsmith. George Crabbe. David Garrick. Edward Gibbon. I Samuel Johnson. R. B. Sheridan. Sir Joshua Reynolds. Benjamin Franklin. 223 SCHEME FOR ANALYSIS OF STYLE. Divisions of Style. The Scientific. — " Ministers to our instinct for Knowledge." The Poetic. — " Ministers to our instinct for Conduct and Beauty." Elements of Style. Vocabulary. The Sentence. Figures of Speech. The Paragraph. Qualities of Style. Intellectual. — Simplicity. — Clearness. ( Sublimity. Impassioned. — Force \ Pathos. y Irony. ( Euphony. Artistic. — Beauty \ Rhythm. ( Cadence. Processes. Description. Narration. Exposition. Persuasion. 224 NOTES. SPEECH ON AMERICAN TAXATION The real significance of the repeal of the Stamp Act in 1766 was destroyed by the passage of the Declaratory Act, in which it was main- tained that the British government had the right to bind the colonies in all cases whatsoever. In 1767 the ministry formed a new scheme of taxation, and imposed a duty upon glass, paper, paints, and tea. This caused so much agitation in the colonies that Parliament (1770) decided to remove all the impositions except that upon tea. But the Americans were not to be caught in such a trap, and accordingly the tea was not allowed to be landed. This resistance brought down a message from the throne, the result of which was the Boston Port Bill and the bill for regulating the Province of Massachusetts Bay. General Gage was commissioned to pro- ceed to Massachusetts and enforce submission. Amid the passion and frenzy of these times was heard the calm, clear voice of Burke, as he uttered the famous sentence, "The honourable gentleman has asked, * Should not America belong to this country? ' If we have equity, wisdom, and justice, it will belong to this country; if we have not, it will not belong to this country." It was in connection with this subject that Mr. Rose Fuller, member for Rye, made the following motion, on April 19, 1774: Moved, "That an act made in the seventh year of the reign of his present Majesty, entituled An act for granting certain duties in the British colonies and plantations in America; for allowing a drawback of the duties of customs upon the exportation from this kingdom of coffee and cocoanuts; of the produce of the said colonies or plantations; for discontinuing the drawbacks payable on china earthenware exported to America; and for more effectually pre- 225 226 NOTES. venting the clandestine running of goods in the said colonies and planta- tions," might be read. And the same being read, he moved, " That this House will, upon the day sevennight, resolve itself into a committee of the whole House to take into consideration the duty of -^d. per pound weight upon tea, payable in all His Majesties dominions in America, imposed by the said act, and also the appropriation of said duty." The drawback alluded to above was granted in the interest of the East India Company, which desired free exportation in order to relieve its over- stocked warehouses, and also to bribe the colonists to pay the 3 . P. 85, 1. 10. I. On Feb. 10, 1775, Lord North presented an address from the king, asking for the augmentation of his forces, and then pro- posed the " Act to restrain the trade and commerce of the Provinces of Massachusetts Bay and New Hampshire, and Colonies of Connecticut and Rhode Island and Providence Plantation, in North America, to Great Britain, Ireland, and the British Islands of the West Indies; and to prohibit such provinces and colonies from carrying on any fishing on the banks of Newfoundland, and other places therein mentioned, under certain conditions and limitations." New England fishermen were to be excluded from a line of industry in which they excelled all nations. By this bill, at one swoop, thousands were to be reduced to beggary. Burke protested most indignantly. "The bread of the needy," he said, " is their life-blood. He who depriveth them of it is a man of blood." P. 86, 1. 28. I. In 1766, on the repeal of the Stamp Act by the Rock- ingham administration. P. 87, 1. 20. I. Mr. Rose Fuller. Cf. Speech on American Taxation. P. 90, 1, 22. I. "That when the governor, council, or assembly, or general court, of any of his Majesty's provinces or colonies in America, shall propose to make provision, according to the condition, circumstances, and situation of such province or colony, for contributing their proportion to the common defence (such proportion to be raised under the authority of the general court or general assembly of such province or colony, and disposable by Parliament), and shall engage to make provision also for the support of the civil government and the administration of justice, in such province or colony, it will be proper, if such proposal shall be approved by his Majesty and the two Houses of Parliaf7ie7it, and for so long as such provision shall be made accordingly, to forbear, in respect of such province ON CONCILIATION. 233 or colony, to levy any duty, tax, or assessment, or to impose any further duty, tax, or assessment, except such duties as it may be expedient to continue to levy or impose, for regulation of commerce; the net produce of the duties last mentioned to be carried to the account of such province or colony respectively." — Resolution moved by Lord North on the com- mittee; and agreed to by the House, 27th February, 1775. Lord North wore the badge of the Knight of the Garter. P. 91, 1. 5. I. The ministry had passed an address to the king in which they declared that Massachusetts was in rebellion, and urged his Majesty to take immediate action. P. 93, 1. 19. I. This is in Burke's best style. The comparison beauti- fully illustrates the idea, and justifies his assertion, that while " the dispute continues, the exaggeration ends." — Professor Goodrich. L. 26. 2. " De minimis von curat lex." P. 94, 1. 10. I. Mr. Glover, who had appeared at the bar in support of a petition from West Indian planters asking for peace with the colonies, because their commerce was in peril. P. 95, 1. II. I. Slave trade. 2. The Spanish Colonies, in spite of the Act of Navigation, carried on trade with the West Indies. P. 97, 1. I. I. Burke's reasoning here seems prophetic when considered in the light of the latest statistics regarding the commerce between England and the United States. L. 15. 2. The quotation is from Virgil's fourth Eclogue, where the allusion is to the birth of a child by the sister of Augustus. L. 23. 3. Henry, created Lord Apsley and made chancellor in 177 1. *^ P. 98, 1. 17. I. Professor Goodrich questions the propriety of this pas- sage and the following one upon the fisheries, yet are they not the very top and crown of Burke's style ! P. 99, 1. 23. I. Alluding to the Roman daughter who, when her father was condemned to starve, obtained access to his cell, and nourished him from her own breasts. P. 100, 1. 9. I. A small constellation far to the south. 2. Consult American Cyclopccdia, Art. " Falkland Islands." P. loi, 1. 3. I. Is it any wonder that such utterances as these caused Burke to be, charged with being an American? P. 103, 1. II. I. We see here the secret of Burke's richness of thought 234 NOTES, It consisted, to a great extent, in his habit of viewing things in their causes or tracing them out in their results. Let the reader study these pages with reference to this fact. — Professor Goodrich. P. io6, 1. 4. I. Cf. Matthew Arnold's effective use of this phrase of Hooker's, in Culture and Autarchy. P. 107, 1. 10. I. Alluding to the partition of Poland by Austria, Prussia, and Russia, 1772, by which she lost her national independence. L. 18. 2. For illustration of this, compare the number of lawyers in the first and in the last Congress. P. 108, 1. 2. I. General Gage forbade the colonists from holding any town meetings after Aug. i, 1774. The colonists evaded the prohibition by adjourning over the ist, and thus meeting, but not under a call. L. 6. 2. Thurlow, the attorney-general. L. 13. 3. Cf. Bacon's Essay on Studies. L. 30. 4. Horace, Odes, Book IV,, i, " Ministrum fulminis alitem." P. 109, 1. 19. I. Compare this statement of Burke in regard to Mon- archies and Despotisms with Bryce's Analysis of the workings of the American Constitution. — Aviericaji Cominonwealtk, Vol. I., Part I., Ch. xxvni. P. no, 1. 12. I. Hamlet, Act I., Sc. V. P. 116, 1. 5. I. Juvenal, Sat. VIII. L. 31. 2. An illustration of what Matthew Arnold says of Burke: "He is so great because, almost alone in England, he brings thought to bear upon politics; he saturates politics with thought." P. 118, 1. 2. I. From one of Dryden's plays. L. 28. 2. For an exhibition of coarse and brutal treatment Professor Goodrich gives the following from Howell's State 'J rials, Vol. H. : " Coke : I will prove you the notoriest traitor that ever came to the bar. Raleigh : Your words cannot condemn me; my innocency is my defence. Coke: Thou art a monster. Thou hast an English face but a Spanish heart." P. 119, 1. 17. I. From the very significance of the term. P. 122, 1. 15. I. Burke has often been accused of too much refining in his speeches, but a careful study of his works will reveal the fact that he seldom anatomizes; he everywhere deals with broad principles, profound, permanent, fruitful. P. 123, 1. 3. I. Paradise Lost, II., 592-3. L. 19. 2. His statesmanship rises above petty maxims, such as men ON CONCILIATION. 235 resort to who think that suspicion is the great law of life, and that the more advantages you can take of your neighbor, the better it is for your- self. — Maurice. P. 125, 1. 2. I. Mr. Rice. P. 126, 1. 4. I. By Dean Tucker. Cf. MacKnight, Vol. II., Ch. XXII., p. 115 ^/ seq. P. 128, 1. 16. I. The Witenagemote was the Parliament of the Anglo- Saxons. Cf. Stubb's Constitutional Hisiory, Vol. I., Ch. VI. P. 129, 1. 2. I. English settlers in Ireland after the invasion of Strong- bow kept themselves, within certain limits, distinct from the natives called the " Pale," They enjoyed English law while the natives were denied it. — Professor Goodrich. P. 130, 1. 9. I. Cf. Green's Short History of the English People^ Ch. IV. P. 132, 1. 12. I. Read the "Famous history of the revenue adventures of the Bold Baron North and the good Knight Probert upon the moun- tains of Venodotia," as so graphically given by Burke in his speech on Economical Reform. L. 22. 2. Horace, Ode to Aitgnstus CcEsar, Book I., 12. A comparison of the peaceful influence of Augustus to that of the twins Castor and Pollux upon storms at sea. P. 134, 1. 19. I. Cf. Burke's Speech on Economical Reform. P. 138, 1. 5. I. Horace, Sat., I., 2. L. II. 2. Ex. XX. 25. \ L. 18. 3. St. Paul, I Epis. to Cor. iv. 6, Revised Version, "That in us ye might learn not to go beyond the things which are written." "^ L. 19. 4. St. Paul, 2 Epis. to Tim. i. 13, Revised Version, "Hold the pattern of sound words." P. 141, 1. 21. I. Journals of the House, Vol. XXII. P. 142, 1. 2. I. Journals of the House, Vol. XXVII. L. II. 2. Ibid. L. 29. 3. It was claimed that the colonies could not legally. make grants to the Crown because it made the king independent of Parliament. Gren- ville and others were of this opinion. Hence Burke insists upon these precedents. — Professor Goodrich. P. 148, 1. 22. I. The solicitor-general informed Mr. Burke when the resolutions were separately moved that the grievance of the judges pat- 236 NOTES, taking of the profits of the seizure had been redressed by office; accord- ingly the resolution was amended. P. 150, 1. 31. I. Othello, Act. III., Sc. V. P. 152, 1. 25. I. Lord North. P- I53> 1- 9- I- " Trial should be made with a worthless subject." L. 25. 2. Through committee. P. 156, 1. 14. I. A writ of commission for taxing lands. P. 158, 1. 12. I. Juvenal, Sat., I., 90. Alluding to the excess in gambling. P. 159, 1. 16. I. Paradise Lost, IV., 96-97. L. 19. 2. Paradise Lost, IV., 53. P. 161, 1. 4. I. I Kings viii. 44, 45; Dan. vi. 10. We see everywhere the results of Burke's hours with the poets. Dr. Earle, in his excellent work on English prose, says, " About the choice of reading there is a very important remark to be made. The writer of English prose should be conversant with English poets." L. 30. 2. Cf. Virgil, ^neid, VI., 726-727. P. 162, 1. 26, I. The call to prayer in the Roman Catholic Church. P. 163, 1. 7. I. Roman prayer. P. 164, 1. 17. I. The first four motions and the last had the previous question put to them. The others were negatived. On the day of the delivery of this speech strangers were shut out of the gallery, but the House was filled with members. Burke spoke for three hours. "Silence! hush! This is no trifler, no short-flighted wit, No stammerer of a minute, painfully Delivered. No ! the Orator hath yoked The Hours, like young Aurora, to bis car." The audience which he addressed was by a large majority strongly opposed to his ideas, yet such was the almost superhuman power of his genius and the might of the truths which he laid before them that the members were kindled to the highest heat of enthusiasm, and he took his seat amid loud and general applause from every class of politicians and from all parts of the House. Thurlow, the attorney-general, followed, and by an adroit appeal to the littleness of party feehng, brought two hundred and seventy members down to his own level of the selfish and the sordid. Only seventy-eight sup- ON AFFAIRS OF AMERICA. 237 ported Burke in his attempt to avert the horrors of a war between peoples of common blood, common language, and common ancestry. The speech was immediately published, — only a short time after the publication of his speech on Taxation, — and the two were eagerly studied by the people throughout the Empire, Chatham's Bill for reconciliation should be compared with these Reso- lutions of Burke. In this speech, says Dr. Goodrich, Burke took the standpoint of America, while in his speech on Taxation he took the standpoint of England. LETTER TO THE SHERIFFS OF BRISTOL, After the rejection of Burke's resolution, Parliament had but one more opportunity to voluntarily show pacific spirit. The General Assembly of New York, for which Burke was agent, had not formally joined the Con- tinental Congress, but preferred to remonstrate separately, and sent a peti- tion to the king, a memorial to the House of Commons, a representation to the lords in which the grievances of the colonies were recapitulated and redress requested. Burke moved that this complaint be received, but by a majority of three to one it was insolently refused. No sooner had the House rejected this than it heard that the war had begun. When the colonists were success- ful, Burke urged reconciliation; when they were met by reverses, he quite as strongly urged the same plan, but all to no purpose. He censured the University of Oxford for applauding when the colonists were defeated. When Lord North planned to starve them to submission, and to employ German mercenaries, he was indignant. When the colonies declared themselves independent of the mother country, he prophesied success. At last Burke and his friends, concluding that they might emphasize their opposition to the administration and assure the people of America that they could act as well as talk, withdrew from the deliberations of the House. Business was then rushed along, and Parliament seemed bound to commit suicide. Franklin was at the court of France, and this act of the colonies inflamed the administration and goaded it on to desperation. When the iniquitous bill for a suspension of the Habeas Corpus came up, 238. NOTES. those who had withdrawn met at the house of Lord Rockingham, and some advised a return, but Lord Cavendish, the Duke pf Poland, and Burke dissented. Fox, Sir George Saville, and Dunning were present and opposed the bill. Burke's enemies at Bristol were making use of his secession to damage his prospects of a re-election, and as soon as the Habeas Corpus Bill was passed, he sent this letter to the Sheriffs of Bristol, and through it he reached the whole British people and replied to the charges. He did not return to the House until April, 1777, when the King's Civil List Bill came up. For events intervening between the speech on Conciliation and the Letter, cf. MacKnight, Vols. II., Chs. XXII. and XXIIL ; Bancroft, Vols. IV. and V. P. 168, 1. 5. I. The Letter of Marque, by which the property of the colonists upon the sea was to become that of the captor. Thus it became a criminal offence for the colonists to engage in commerce. L. 10. 2. This famous statute, passed in 1679 and considered the bul- wark of liberty, was to be converted into an engine of oppression, to such extremes of desperation had the administration been driven. P. 169, 1. 26. I. In the rising of 1745 for the cause of Prince Charlie, this Scottish nobleman was captured and put to death. P. 170, 1. 6. I. Cf. note, page 168, line 5. L. 28. 2. The purpose of the old Statute of Henry the Eighth was to insure British offenders arrested in the colonies a trial on British soil. Cf. page 14, line 19, note. To apply it to the colonies was a direct inver- sion of its spirit. P. 171, 1. 31. I. A place of execution near London. P. 173, 1. 17. I. Brunswickers and Hessians. P. 175, 1. 9. I. To hear and determine. P. 179, 1. II, I. Cf. note introductory to this speech, and MacKnight, II., Ch. XXIIL, "The Secession." P. 180, 1. 12. I. These three bills, for Closing the Port, for Quartering Troops, and for Suspension of the Massachusetts Charter, were passed in the session of 1 774 and 1775. Cf. Bancroft, Vol. IV., V. P. 181, 1. 22. I. The French, who were feared lest they should assist the colonies. L. 26. 2. Cf. Bancroft, IV., Ch. XXIIL P. 182, 1. 16. I. Rahl and Kniphausen were commanders of the Ger- ON AFFAIRS OF AMERICA. 239 man mercenaries under General Howe. After the capture of Fort Wash- ington on the Hudson it was called Fort Kniphausen. L. 28. 2. Brunswickers and Hessians were hired by the administration. As the pay in Germany was not so large as that in England, the difference was paid to the respective rulers, — the Duke of Brunswick and the Land- grave of Hesse. Soldiers were impressed from the plough, the workshop, and the highway. Cf. Bancroft, IV., Ch. XXH. P. 185, 1. 9. I. After the victory of Howe at Long Island, the English people seemed beside themselves with pride, and hurled all manner of reproaches against the colonists. A general fast was proclaimed, and the king prayed for the rebels " as a Spanish inquisitor might be supposed to pray for the conversion of a miserable Jew at an auto-da-fe." P. 187, 1. 5. I. This assertion is most conclusively proved by the three publications in this volume. That Burke could have so thoroughly under- stood the position of the colonies, when at a distance of three thousand miles from them, seems almost incredible. P. 188, 1. 9. I. In December, 1776, Congress at Baltimore voted to "assure foreign courts that the Congress and people are determined to maintain their independence at all events." Treaties were to be made with Prussia, Vienna, and Tuscany, and an alliance was to be made with France and Spain. After the battle of Trenton, Lord George Germain said, "All our hopes are blasted." L. 26. 2. Up to the time of the battle of Trenton, Congress had left on its journals the suggestion that a reunion with Great Britain might still be possible. P. 190, 1. 14. I. Admiral Howe and his brother the General were appointed on a Commission of Peace, and had said that peace would be made within ten days after their arrival. They had power to grant free and general pardons, and promise " due consideration to all persons who should aid in restoring tranquillity." This declaration was sent, addressed to Washington as a private citizen, and he declined to receive it Congress said that Washington " acted with a dignity becoming his station." P. 191, 1. I. I. To Franklin Lord Howe said that his ambition was to prevent the commerce of America from passing to foreign nations, and Franklin replied, " It is painful to me to see you engaged in a war, the ground of which is * the necessity of preventing American trade from pass- ing into foreign channels.' " 240 NOTES. L. 24. 2. "Every thicket will be an ambuscade of partisans; every stone-wall a hiding-place for sharpshooters; every swamp a fortress; the boundless woods an impracticable barrier; the farmer's house a garrison." — Bancroft. P. 196, 1. 6. I. Cf. Bancroft, IV., Chs. XTII., XXVIL, XXVIII. P. 197, 1. 6. I. An island of the East Indies, valuable for its production of spice. It has been the property of Portugal, Spain, Holland, and England. In 1622 the Dutch massacred the English settlers, and took possession of the island of which they had been deprived by the English in 1 61 5. In 1672, Charles II. persuaded Louis XIV. to join him in making war upon the Dutch. The English were not favorable to such an under- taking, and to excite them, Charles had the massacre acted upon the stage. P. 198, 1. 14. I. Cf. note, page 190, line 14. P. 199, 1. 4. I. Cf. note, page 18S, line 26. L. 30. 2. This position of Burke should be emphasized, when so many make use of the caricature in Goldsmith's Retaliation as if it were a characterization. P. 200, 1. II. I. Cf. De Tocqueville, Defnocracy in America, Vol. I., Ch. II. P. 202, 1. 4. I. Estal)lished in 1584, the one having jurisdiction over men's consciences, the other over their actions, became so hateful to the people, that they were repealed in 1641. P. 203, 1. 8. I. The Ancient Legislature of the Church of England, having an upper and a lower house. P. 204, 1. 10. I. Court of a province on the coast of Hindostan. P. 206, 1. 16. I. Cf. Carlyle's French Revolution. P. 209, 1. 9. I. Cf. Provincial, Proprietary, and Charter Governments. P. 211, 1. 8. I. "The joy of the colonies was for a time unmixed with apprehension," says Bancroft. L. 16. 2. Lord Rockingham. P. 215, 1. 29, I. Bentinck was the family name of the Duke of Port- land, a leader of the Whig Peers. L. 31. 2. Cavendish, the family name of the Duke of Devonshire, a leading Whig Commoner. P. 220, 1. 5. I. No statesman in history presents such a life of suffering for great causes. He believed that success was measured, not by a party vote, but by the devotion to right. ON AFFAIRS OF AMERICA. 241 Three years had not gone since Burke moved his plan of conciliation, and yet the commissioners sent by the king to sue for peace, and to grant most ample and complete concession, only reserving to the king the very right for which the colonies contended, — this dignified commission, armed cap-a-pie for an interview with the American Congress, — were fleeing at the tail of a retreating army, and letting fly " their Parthian shafts of manifestoes and remonstrances." To this issue had the dissension come, — a dissension which might have been prevented by the repeal of the miserable duty upon tea, — a badge of the royal prerogative to tax whom he pleased. The royal commission, when at safe distance from the halls of the American Congress, performed that last and valiant act of issuing a proclamation against the rebellious subjects of their sovereign. This was a scene of buffoonery which Burke must have enjoyed to the utmost. The colonists went from success to success, until, upon the very day when new supplies were setting sail for America, the war was being ended by the surrender of Cornwallis at Yorktown. The news reached Lord North in a few weeks, and in the deepest agony he exclaimed, " O God ! it is all over ! " Yet he strove still to palliate the blow, until at last General Conway, who had before acted with the administration, moved that an address should be presented to the king against continuing the contest; and after a most aggressive discussion, at half-past one o'clock in the morning, on loud cries of ' Question ! Question ! ' the division was ordered, and the government was beaten by a majority of nineteen, and Westminster Hall was a scene of the wildest confusion; joy knew no bounds; the whole metropolis was aroused. At two o'clock Burke left the house, and wrote to his friend, Dr. Franklin : " I congratulate you as the friend of America — I trust as not the enemy of England — I am sure as the friend of man- kind — on the resolution of the House of Commons carried by a majority of nineteen. ... I trust that our happiness may be an introduction to that of the world at large." The resignation of the minister followed, and the last act which Lord North was to play in this tragedy of action and passion was deeply pathetic as on that bitterly cold night, amid the falling snow driven by keen March winds, on stepping into his carriage at Westminster Hall, he exclaimed to a group of the opposition, " Good- night, gentlemen ! " REFERENCES. Bancroft's History of the United States, Vols. III., IV., V., VI. May. Constitutional History. MoRLEY J. Burke. English Men of Letters Series. Goodrich, C. A. Select British Eloquence. Stephen, L. English Thought in the Eighteenth Century. Macaulay. Essay on Burke. Hazliit. Political Essays and Eloquence of the British Senate. MacKnight. Life and Times of Edmund Burke. Taine. English Literature. Gosse. Eighteenth Century Literature. Maurice. Friendship of Books. — Burke. MiNTO. Manual of English Prose Literature. Bascom. Philosophy of English Literature. FiSKE. American Political Ideas. " Beginnings of New England. " War of Independence. For periodical literature upon Burke, see Poole's Index, 242 \ I LIBRARY OF CONGRESS 011 698 508 1