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SELECT

SPEECHES,

FORENSICK AND PARLIAMENTARY,

WITH PREFATORY REMARKS.

BY

N, CHAPMAN, M. D.

HONORARY MEMBER OF THE ROYAL MEDICAL SOCIETY 0*
EDINBURGH, AND MEMBER OF THE AMERICAN
PHILOSOPHICAL SOCIETY, &C. &C.

— *— Pietate graVern ac mentis si forte virurh quern
Conspexere, silent, arrectisque auribus astant ; ,
Ille regit dictis animos etpectofd mulcet  virg.

vol. r.

I-I'BLISHED BY HOPKINS AND EAltt* ',
NO. 170, MARKET STREET.
1808.

DISTRICT OF PEJYJVSYLVJMJ, TO Wit:
a s; BE IT REMEMBERED, That on the first day of
*¦ ' August, in the thirty-second year ofthe independence
ofthe United States of America, A.D. 180T, Nathaniel Chap
man, M. D. ofthe said district, hath deposited in this office, the
title of a book, the right whereof he claims as proprietor in
the words following, to wit :
" SELECT SPEECHES, Forensick and Parliamentary,
with prefatoryremarks. By N. Chapman, M. D. honorary
member of the Royal Medical Society df Edinburgh, and
member of the American Philosophical Society, &c. &c.
 Pietate gravem ac meritis si forte virum quern
ConSpexefe, silent, arrectisque auribus astant ;
Ille regit dictis animos et pectora.mulcet...viRC."
In conformity to the act of the Congress of the United
States, entitled, " An act for the encouragement of Learning,
by securing the copies of maps, charts, and books, to the au
thors and proprietors of such copies during the times therein
mentioned." And also to the act, entitled " An act supple
mentary to the act, entitled, ' An act for the encouragement
of learning, by securing the copies of maps, charts, and books,
to the authors and proprietors of such copies during the times
therein mentioned,' and extending the benefits thereof to the
arts of designing, engraving, and etching historical and other
prints."
D. CALDWELL,
Clerk of the District of Pennsylvania.

32. \

TO

JOSEPH DENNIE, ESQUIRE,

WHOSE

PRINCIPLES ARE AS STEPFAST,

THEY ARE KNOWN TO BE CATHOLICK,

WHOSE VIRTUE IS AS PURE AS HIS GENIUS
IS CONFESSEDLY SPLENDID,

THIS HUMBLE ATTEMPT
TO
RECORD THE ELOQUENCE OF MODERN TIMES,
IS INSCRIBED.

CONTENTS
OF THE FIRST VOLUME

Page.
PREFACE. LORD CHATHAM'S Speech in the house of lords, on
a motion made by the Duke of Richmond, on the 2d
of November, 1 7-70, calling on the ministry for certain
documents respecting the relations of the country with
the court of Spain, » - - - - L
Mr. Burke's Speech, on American taxation, delivered
in the house of commons, April 19th, 1774. - 27
Lord Chatham's Speech, delivered in the house of lords,
January the 9th, 1 770, in reply to lord Mansfield, on
an amendment to the address to the throne, • 93
Mr. Burke's Speech, on moving his resolutions for con
ciliation with the colonies. Delivered in the house of
commons, the twenty-second of March, 1775. 107
Lord Chesterfield's Speech, on the bill introduced into
the house of lords, May 24th, 1737, for licensing and
regulating the theatres, ..... 177
Lord Chatham's Speech, jn the house of lords, on the
22d of January, 1770, on a motion of lord Rockingham,
to inquire into the state of the nation, - 195
Mr. Murray's Speech, afterwards lord Mansfield, on a
bill introduced into the house of commons, December,

VI CONTENTS.
the 11th, 1742, to prevent the ensurance of French
ships, &c. during the war, ... 207
Lord Chatham's Speech, on the bill authorizing the quar
tering of British soldiers on the inhabitants of Boston, 219
Lord Chatham's Speech, in the house of lords, January
20th, 1775, on a motion for an address to his majesty,
to give immediate orders for removing his troops from
Boston forthwith, in order to quiet the minds and take
away the apprehensions of his good subjects in America, 225
Lord Mansfield's Speech, in the house of lords, February
3d. 1766, on the right of taxing America, - 237
The Speech of William Pitt, the elder, in the house of
commons, January 16, 1766, ori the address to the
throne, in which the right of taxing America is dis
cussed, - - - - - 251
The Speech of Lord Mansfield, in the house of lords, in
the. case of the chamberlain of London vs. Allan Evans,
Esq. on the 4th of February, 1767, - . 265
Lord Mansfield's Speech, in the house of lords, May. 8th
1770, on a bill to deprive peers of the realm of cer^
tain privileges, - - - - 281
Lord Chesterfield's first Speech on the gin act, Febru- ,
ary 21st, 1743, after the second reading of the bill, 287
Lord Chesterfield's second Speech on the gin act, Feb.
24, 1748, - , .' , 295
Lord Belhaven's Speech, in the Scotch convention,
against the union, - - - '. 309
Sir William Wyndham's Speech, in the house of com
mons, on the repeal of the Septennial Act. March
13, 1734,  321
Speech of Sjr Robert Walpole, on a motion to repeal
the Septennial Bill, delivered in the house of com
mons, 1734, in reply to Sir William Wyndham, 337
Mr. Sandys's Speech, in the house of commons, on his
motion to address his majesty for the dismissal of Sir
Robert Walpole, .... 345*

CONTENTS. Vll
Sir Robert Walpole's Speech in reply* - - 366
Mr. Sheridans* Speech, delivered in the house of com
mons, on the 15th of February, 1787, on the impeach
ment of Warren Hastings, for high crimes and mis
demeanors, -..--«- 383
Mr. Sheridan's Speech, on summing up the e-vidence
on the second, or Begum charge against Warren
Hastings, Esq. delivered by the high court of parlia
ment, June 1788, - - - - 403

PREFACE.

OF all the studies which can engage industry,
or allure genius, perhaps that of eloquence is the
most enchanting. To this delightful occupation the
Editor has devoted some of his time, and all his
zeal. The result of his labours is now laid before
the publick, and though he may receive but limited
applause for the execution, yet, he hopes that the
design may escape censure.
He presumes, but not vainly, that he has not been
forestalled in this literary undertaking. Notwith
standing the choice and variety of materials, the
enterprise ahd judgment of booksellers, and the li
beral curiosity of enlightened readers ; notwithstand
ing national pride and individual vanity, no ample
specimen of forensick and parliamentary eloquence
has ever appeared even in the metropolis of the
British Empire.

10 PREFACE.
Distinguished as Ireland certainly is, by glo
rious efforts of the most impassioned oratory, she
has been supinely negligent of her fairest fame, and
the busy curiosity of Dublin, and the more judicious
inquisitiveness of her University, have been satisfied
with the garbled and meagre reports of the speeches
of Malone, of Flood, of Burgh, and of Grattan.
Scotland, a region abounding with acute and elo
quent speakers, and conspicuous alike for her Faculty
of Advocates, and her General Assembly, has also
been careless to preserve the monuments of her elo
quence. Even in France, so memorable • for the vivacity
and copiousness of her rhetqric'k, we might inquire
in vain for some of the most brilliant effusions of her
Parliament and her Convention.
In short, though in many sections of Europe,
single speeches in fugitive pamphlets may have been
accidentally, gratuitously, or venally preserved, no
thing like a collection has hitherto been compiled
by Industry, or selected by Taste.
The Editor, trusting to diligence alone, hopes,
not without anxiety, that by the publication of this
work he is rendering an acceptable service to the
republick of letters. With the volumes now pre
sented to the publick, he completes that portion
of the work which is appropriated to the eloquence
of Europe. He may, at a future period, not too
remote, add to the collection a volume of American

PREFACE. * 11
speeches; and if he receive adequate encouragement,
he will cheerfully, at proper intervals, continue the
series. Eager to vindicate the insulted Genius of
his native land, he is sensible that in no way can it
be done more successfully than by exhibiting its
eloquence. For, \i our writers form but a small com
pany, the regiment of our speakers is, full. It may
be safely affirmed, that since the Athenian democracy,
with no people has the talent of publick speaking so
generally prevailed. Eloquence of the highest order,
and the purest species, we may not have attained.
But though we have not emulated those lofty strains
and brilliant effusions which the ancient specimens
display, or are to be seen in some of the spirited ha
rangues that the momentous events of modern Eu
rope have inspired, yet in that style of oratory, which
shines without dazzling, and charms rather than ex
cites astonishment, or kindles enthusiasm, we are
extensively gifted and eminently excel. There have
been, perhaps, brighter luminaries, but not a greater
constellation. Collectively, we are entitled to boast
of as much eloquence as "4ias been exhibited in any
age or country.
A well grounded conviction of the value of
a compilation like the present, induced the Editor
to take a wide survey of the Rhetorick of Eu
rope. His researches, though sometimes baffled j have,
on the whole, been rewarded with a success very
disproportioned to the moderate expectations with
which he commenced his task. From the cabinets
of the curious, and from the hoards of " literary
misers" he drew indeed such a profusion of materials
as to have ultimately imposed upon him rather the

12 PREFACE.
perplexity of selection than the toil of gleaning.
But, still, some speeches which he has studiously
endeavoured to procure, have eluded his inquiries,
and he fears are irretrievably lost.* Nevertheless,
the Editor pronounces with some degree of confi
dence that his collection will be found to contain
not a few of the noblest specimens of eloquence
which at the bar, or in the senate, have delighted,
roused, defended, or governed mankind.
The volumes now published, embrace the whole
of the revised speeches of Burke which are contain
ed in the recent edition of his works; more than
has before appeared of Chatham's ; many of the
speeches of Fox and Pitt ; several of Mansfield's ;
the two memorable speeches of Sheridan on the trial
of Hastings ; all of the pleadings of Erskine and of
Curran which are faithfully reported; the best
speeches on the Slave Trade ; Mc'Intosh's celebrated
defence of Peltier, besides a large selection of Irish
eloquence, and some speeches of the *' olden time."
This catalogue, so rich and so various, surely re-
quires only to be exhibited to give a pledge, at once,
* Although the Editor has omitted no practicable mode of
research ; though he has availed himself of the very valuable
assistance of one of the most diligent inquirers among the
Literati of Great Britain, and publickly advertised, and pri
vately written for the necessary documents, he has been
disappointed in his attempts , to obtain the speeches of
Lord Lytfleton the younger, the famous Harangue of Wil
liam Gerard Hamilton ; the speeches of Charles Townsend ;
the pleadings of Murray, Thurjow, Wedderbume, Dunning*
a.r,d. Anthony Malo«e \

PREFACE. 13
of the value of the work, and of the care and ex
ertion with which it has been prepared.
In the collation of the contents of these volumes,
the editor, rejecting vague reports, and newspaper
authority, has been particularly solicitous to select
such orations and pleadings, as have undergone the
revision, or been published under the superinten-
dance of the author. He has been sedulous to
follow with fidelity the text, nor ever presumed
foolishly, if not flagitiously, to interpolate the copy;
a practice, which of late, has become a sort of fashion
in America, to the confusion of authors, and to the
prejudice of learning.
He has made indisputable evidence ofthe genuine
ness of every speech, the criterion of his choice, and
has admitted no one into the work, which is not
distinguished either by importance of matter or bril-,
liancy of diction. ¦/
Without hazarding a decision of his own, on the
question of thesdns riority of ancient or modern elo
quence, he trusts that this compilation will not be
thought to weaken the opinion that, were a collec
tion bf the best specimens of the latter to be formed,
it might fearlessly challenge a comparison with the
celebrated exhibitions of Grecian and Roman oratory*
Of the pretensions of the work to publick favour
the Editor conceives little more need be said.
It is an attempt, and the only one, to perpetuate
Modern Eloquence.

14 PREPACK.
What direct memorial, says a late writer,* would
remote posterity have received, even of the existence
of the talent, were not a few of Mr. Burke's Ora
tions incorporated with his works ? But, gorgeous
as is certainly the rhetorick of Edmund Burke, will
his speeches alone convey an adequate representation
of the extent, variety, and richness of the eloquence
of modern times ?
It presents at one view to the Lawyer and Statesman
a mass of learned and lucid discussions of politicks and
jurisprudence, which must be eminently subsidiary
to his investigations, and which, as hitherto dispersed
were always difficult of access, and in many instances
not to be procured.
'¦' It will exhibit correct models for the study of Elo
cution to the rising genius of the country.
Whether we have regard to reputation or to utili
ty, whether we wish to shine in private conversation
or in publick speaking, the study of the. finest models is
vital to success. These are the guides by which ge
nius must be directed, and without which the strongest
intellect may be fruitlessly or deviously employed.
It has been no less justly, than elegantly asserted by
an admirable instructor! of the most correct and
delicate taste in the liberal arts, and who rigorously
observed his own maxims, " that an implicit obe
dience to the rules of art, as established by the great
masters, should be exacted from the juvenile student.
When genius has received its utmost improvement,
* Dr. Parr. t Sir Joshua Reynolds.

PEEFACE. 15
rules may possibly be dispensed with. But let us
not destroy the scaffold, until we have raised the
building." These are precepts which seem no less applicable
to the study of eloquence. They are, at least, the
precepts which are enjoined by the highest authority.
of antiquity. Both Cicero and Quintilian exhort
their pupils to adhere to the establishdd models, lest
they fall into a wild licentiousness of taste.
" Poeta nascitur, Orator Jit."
The orator is the creature of education.
By a system of rhetorical discipline, Bolingbroke
and Pultney, Murray and Pitt, Lyttleton and Burke,
Townshend and Fox, attained their glorious pre
eminence, and alternately at the desk or the toilet, ]
in conversation or in council, were able to convince,/
to persuade, to dazzle, and to delight.
The student, who with a mixture of enthusiasm
and industry shall " meditate'1'' the contents of this
work can hardly fail to acquire the habit ot conversing
and speaking with elegance and energy.
Whatever tends to improve or widen the dominion
of speech cannot be an object of indifference to a Free
People, Eloquence has always been admired and
studied ; but never with more ardour and success
than by republicans. It engages particularly their
attention, because it opens to them the widest ave
nue to distinction. Compared to it, the influence of
the other attributes which elevate to rank, or confer-

16 PBEFACE.
authority is feeble and insignificant. In Greece
and Rome it rose by assiduous culture to the loftiest
pitch of refinement, and the history of those Com
monwealths confirms, by innumerable proofs, the
trudi that " Eloquence is power."
But no where has a condition of things prevailed
holding out stronger incitements to its acquirement,
or more auspicious opportunities for its profitable
exertion than in the United States. In the peculiar
Construction of our political institutions, there are
advantages to the orator which did not belong even
to the ancient democracies. The complex fabrick
of our federative system, has multiplied beyond the
example of any government, legislative assemblies
and judiciary establishments : each of which is not
only a school of eloquence, but a field, yielding
an abundant harvest of fame and emolument. It
is, indeed, in our Republick a never failing source
both of honour and of riches. Without the charm-
ful power of fluent speech, no man, however ambi
tious, can expect very ample or lucrative practice
at the bar, or an elevated situation in the senate.
The road to political preferment is nearly impassable
to all but the rhetorical adventurer. A silent law
yer has but few fees, and narrow is the congregation
of a hesitating divine. Eloquence, in the language
of a favourite friend,* may truly be considered, in
every country where the freedom of speech is indulged,
as synonymous with civick honours, wealth, dignity,
and might. In the last particular its potency is
* Mr. Der.nie*

PBEFACE. 17
that of a magician. "It wields at will our fierce De
mocratic" " It shakes the arsenal," and thunders to
tfie utmost verge of our political sky, as Demosthenes
— — " Fulrtdned over Greece
To Macedon and Artaxerxes' throne."
The editor, in preparing this compilation for the
press, felt none of the incitements of literary ambi
tion, nor does he now arrogate any of the pretensions
of authorship. The motives, which led him to un
dertake it, were of a very different kind. He con
templated it as an enterprise, certainly of a useful,
splendid, and honourable nature, peculiarly calcula
ted to recreate his leisure, and to deceive the bur
thens of an anxious and arduous profession.
Having thus, incidentally, alluded to his walk in
life, he hopes that neither his medical brethren, nor
the publick at large, will deem him a reprehensible
wanderer, though, in the intervals of professional
duty, he has excursed to the Bar or the Senate to
make no inaccurate report of the dexterity of wit,
and the dictates of wisdom, the sagacity of states
men, and the eloquence of orators.
By the mythology of the ancients, which has often
a fine, though not always an obvious moral, we are
instructed that the study and practice of physick was
most conspicuously connected with the love of the
liberal arts, and of polite literature.
In a mood of no censurable enthusiasm may the
Editor exclaim, as to an Apollo, the' tutelary God
2

18 PREFACE.
not only of the diciples of Esculapius, but of the vo
taries of the Muses :
" Phoebe fave, novus ingreditur tua templa sacerdos."
The Editor trusts, perhaps, too sanguinely, that
though the contents, of this compilation may not
equal extravagant expectations yet, at least, that
the industry it displays may deserve publick fa
vour. A splendid specimen- of oratory like one of
the Cartoons of Raphael, or one ofthe Landscapes of
Claude, is a beautiful picture that will affect us, how
ever it be disposed. Materials such as form the basis
of this work must have their value under the hand of
the humblest workman. Here as we alternately
mark the pure style, and purer doctrines of Pitt, the
rapid elocution of Fox, the variegated imagery of
Burke, the meteor scintillations of Curran, the pungent
sarcasms of Sheridan, and the benignant sentiments of
Wilberforce, we discover now the vigour of Hercu
les, and now the frolick of a Bacchant, with all the
delightful shapes of mental grace and beauty.

LORD CHATHAM'S SPEECH
IN THE HOUSE OF LORDS ON A MOTION MADE BY THE DUKE
OF RICHMOND, ON THE 2d OF NOVEMBER 1770, CALLING
ON THE MINISTRY FOR CERTAIN DOCUMENTS RESPECTING
THE RELATIONS OF THE COUNTRY WITH THE COURT OF
SPAIN.
-T E W of the speeches of William Pitt, the elder,
have been preserved. The whole ofthe sublime
effusions which he poured out with such impetuous
energy against the measures ofthe Walpole adminis
tration, were permitted to perish, by a strange insen
sibility to their value.
Diligent as our researches have been, we have not
met with one speech of that, or even of a much later
period, which we could consider as genuine. Those
which were reported during; the series of years allu
ded to, whatever may be their excellence, are indubi
tably spurious. It is now perfectly well ascertained
that they were composed by Guthrie, Johnson, and
Hawkesworth, who, in succession, conducted the
history of the proceedings of parliament ; sometimes
from imperfect notes, casually supplied, but more
frequently without any further clue than the mere
knowledge of the subject of debate, and a gene
ral outline of the course pursued by the different
speakers. It is, indeed, related, with sufficient proba
bility, that it became a matter of reprOach with Johnson
in the decline of his life, that he should have practised
such an imposition on the world. The celebrated
reply of Pitt to Walpole, we know, on the autho
rity of that great man, was written by him in the
obscurity of a garret, while depressed by the gloom
VOL. I B

2 LORD CHATHAM'S SPEECH ON
of poverty, and haunted by all the spectres of a de-,
desolate condition.
Anteriour to the year 1770, we can confidently
pronounce that there is no faithful record of Chat
ham's eloquence. After this time, a very small
number of his speeches were accurately repor
ted by a friend. Of these the greater part will be
found in our selection. We commence with a speech
delivered in support of a motion made by the duke
of Richmond on the 22d of November, 1770; " To
present an address to his majesty, requesting that he
•would be graciously pleased to give orders r that there
be laid before the House copies or extracts of all letters
and papers received by the ministry, between the 12th
of September. 1769 and the 12th of September 1770,
containing any intelligence of hostilities commenced, or
intended to be commenced, by the court of Spain, or
any of their officers, against any of his majesty'' s do
minions, and the times at which such intelligence was
received." This motion was in consequence of the seizure of
the Falkland islands by the Spaniards, intelligence of
which had recently been received in England.
For two centuries subsequently to the discovery of
these islands, no one of the European powers at
tempted to colonize, or even to lay an exclusive
elaim to them. They held forth very slight induce
ments either to commercial enterprise or political
ambition, and were therefore neglected.
But the British government conceiving at length
that they presented some advantages as a naval post,
sent out a small force and took possession ofthe most
valuable of them in the year 1764. Nearly about the
same time, France made a similar settlement on ano
ther of the islands. These establishments were
viewed with extreme jealousy and dissatisfaction by
the court of Madrid, who addressed to each of the
two powers an urgent remonstrance, complaining of
a violent and unjust encroachment on her dominions.
With France the representation produced the desired
effect. But with England it was unavailing. The

THE RELATIONS WITH SPAIN. 3
right of Spain to the islands she peremptorily denied,
and set up for herself trie title of prior discovery.
The discussion here terminated^ and the English
retained possession of the island undisturbed, till to
wards the close of the year; 1769, when a Spanish
squadron of considerable strength, despatched by the
governour of the province of Buenos Ayres, unex
pectedly appeared before Port Egmont, the British
post, and demanded its surrender ; which, being in
capable of resistance, accordingly capitulated. To
prevent the early communication of the intelligence
of the outrage, the ship of the English commander,
a national Vessel, was seized* and her rudder removed
and detained on shore for twenty days.
As soon as these proceedings were known in Eng
land, the whole nation were exasperated beyond
measure, and evinced an unexampled eagerness to
avenge the national honour thus daringly insulted.
But the ministry instead of listening to the sugges
tions of the feverish irritation of the moment, which
called for a prompt declaration of war, more prudent
ly opened a /negotiation on the subject ; but lest it
might fail to procure redress, prepared, during its
pendency, to sustain with vigour, the dignity of the
country. The conditions of reparation required by Great
Britain were, the immediate restitution of the island
and the disavowal of the conduct of the governour
of Buenos Ayres. These, after some delay, being
granted, with certain qualifications, by the court of
Madrid, the peace of the two countries was main
tained.
SPEECH, &c.
MY LORDS, I RISE to give my hearty assent to the motion
made by the noble duke. By his grace's favour,
I have been permitted to see it, before it was
offered to the house. I have fully considered the ne
cessity of obtaining from the king's servants a com
munication of the papers described in the motion.

4 10RD CHATHAM'3 SPEECH ON
and I am persuaded that the alarming state of facts, as
well as the strength of reasoning, with which the
noble duke has urged, and enforced that necessity,
must have been powerfully felt by your lordships.
What I mean to say upon this occasion, may seem
perhaps to extend beyond the limits of the motion
before us. But I flatter myself, my lords, that if I
am honoured with your attention, it will appear that
the meaning and object of this question are naturally
connected with considerations of the most extensive
national importance. For entering into such consi
derations no season is improper ; no occasion should
be neglected. Something must be done, my lords,
and immediately, to save an injured, insulted, undone
country. If not to save the state, my lords, at least
to mark out, and drag to publick justice those ser
vants of the crown, by whose ignorance, neglect, or
treachery, this once great flourishing people are re
duced to a condition as deplorable at home, as it is
despicable abroad. Examples are wanted, my lords,
and should be given to the world, for the instruction
of future times, even though they be useless to our
selves. I do not mean, my lords, nor is it intended
by the motion, to impede, or embarrass a negotia
tion, which we have been told is now in a prosperous
train, and promises a happy conclusion.*
I perfectly agree with the noble lord. I did
not mean to refer to any thing said by his lord
ship. He expressed himself, as he always does,
with moderation and reserve, and with the greatest
propriety. It was another noble lord, very high in
office, who told us he understood that the negotiation
was in a favourable train.t
* Lord Weymouth. I beg pardon for interrupting the no
ble lord ; but I think it necessary to remark to your lordships,
that I have not said a single word tending to convey to your
lordships any information, or opinion, with regard to the state*
or progress of the negotiation. I did, with the utmost cau
tion, avoid giving to your lordships the least intimation upon
that matter.
t Earl of Hillsborough. I did not make use of the word
train, I know the meaning of the word too well. In the

THE RELATIONS WITH SPAIN. 5
This is the second time that I have been inter-.
rupted. I submit it to your lordships whether this
be fair and candid treatment. I am sure it is con
trary to the orders of the house, and a gross violation
of decency and politeness. I listen to every noble
lord in this house with attention and respect. The
noble lord's design in interrupting me, is as mean
and unworthy, as the manner in which he has done it
is irregular and disorderly. He flatter^ himself that
by breaking the thread of my discourse, he shall con
fuse me in my argument. But, my lords, I will not
submit to this treatment. I will not be interrupted.
When I have concluded, let him answer me if he can.
As to the word which he has denied, I still affirm that
it was the word he made use of; but if he had used
any other, I am sure every noble lord will agree with
me, that his meaning was exactly what I have expres
sed it. Whether he said course or train is indifferent.
He told your lordships that the negotiation was^in a
way that promised a happy and honourable conclu
sion. His distinctions are mean, frivolous, and
puerile. My lords, I do not understand the exalted
tone assumed by that noble lord. In the distress and
weakness of this country, my lords, and conscious as
the ministry ought to be how much they .have contri
buted to that distress and weakness* I think a tone
of modesty, of submission, of humility, would be
come them better ; quadam causa modestiam deside-
rant. Before this country they stand as the greatest
Criminals. Such I shall prove them to be; for I do
not doubt of proving, to your lordships' satisfaction,
that since they have been intrusted with the conduct
of the king's - affairs they have done every thing that
they ought not to have done, and hardly any thing
that they ought to have done. The noble -lord talks
of Spanish punctilios in the lofty style and idiom of a
Spaniard. We are to be wonderfully tender of the
language from which it was derived, it signifies protraction
and delay, which I could never mean to apply to the present
negotiation.

6 LORD CHATHAM'S SPEECH ON
Spanish point of honour, as if they had been the com
plainants, as if they had received the injury. I think
he would have done better to have told us what care
had been taken ofthe English honour. My lords, I
am well acquainted; with the character of that nation,
at least as far as it is represented by their court and
ministry, and should think this country dishonoured
by a comparison of the English good faith with the
punctilios ofa Spaniard. My lords, the English are
a candid, an ingenuous people. The Spaniards are
as mean and crafty, as they are proud and insolent.
The integrity ofthe English merchant, the generous
spirit Of our naval and military officers, would be de
graded , by a comparison with their merchants or offi
cers. With their ministers I have Often been obli
ged to. negotiate, and never met with an instance of
candour or dignity in their proceedings ; nothing but
low cunning, trick, and artifice. After a long expe
rience of their want of candour and good faith, I
found myself compelled to talk to them in a peremp
tory, decisive language. On this principle I submit
ted my advice to a trembling council for an immedi
ate declaration of a war with Spain. Your lordships
well know what were the consequences of not fol
lowing that advice. Since, however, for reasons
unknown to me, it has been thought advisable to
negotiate with the court of Spain, I should have con
ceived that the great and single object of such a nego
tiation would have been, to have obtained complete.
satisfaction forthe injury done to the crown and peo-
pie of England. But, if I understand the noble lord,
the only object of the present negotiation is to find a
salvo for the punctilious honour of the Spaniards.
The absurdity of such an idea is of itself insupport
able. But, my lords, I object to our negotiating at
all, in our present circumstances. We are not in that
situation in which a great and powerful nation is per
mitted to negotiate. A foreign power has forcibly
robbed his majesty of a part of his dominions. Is
the island restored? Are you replaced in statu quo ?
If that had been done, it might then, perhaps, have

THE RELATIONS WITH SPAIN. 7
been justifiable to treat' with the aggressor upon the
satisfaction he ought to make for the insult offered to
the crown of England. But will you descend so
low ? Will you so shamefully betray the king's ho
nour as to make it matter of negotiation whether his
majesty's possessions shall be restored to him or not?
I doubt not, my lords,, that there are some important
mysteries in the conduct of this affair, which, when
ever they are explained, will account for the profound
silence now observed by the king's servants. The
time will come, my lords, when they shall be dragged
from their concealments. There are some questions,
which, sooner or later, must be answered. The
ministry, I find, without declaring themselves expli
citly, have taken pains to possess the publick with an
opinion, that the Spanish court have constantly dis
avowed the proceedings of their governour; and some
persons, I see, have been shameless and daring enough
to advise his majesty to support and countenance this
opinion in his speech from the throne. Certainly,
my lords, there never was a more odious, a more in
famous falsehood imposed on a great nation. It de
grades the king's honour. It is an insult to parliament.
His majesty has been advised to confirm and give
currency to an absolute falsehood. 1 beg your lord
ship's attention, and I hope I shall be understood,
when I repeat, that the court of Spain's having dis
avowed the act of their governour is an absolute, a
palpable falsehood. Let me ask, my lords, when
the first, communication was made by the court of
Madrid, of their being apprized of their taking of
Falkland's Island, was it accompanied with an offer
bf instant restitution, of immediate satisfaction, and
the punishment of the Spanish governour ? If it was
not, they have adopted the act as their own, and the
very mention of a disavowal is an impudent insult of
fered to the king's dignity. The king of Spain dis
owns the thjef, while he leaves him unpunished, and
profits by the theft. In vulgar English, he is the re
ceiver of stolen goods, and ought to be treated accord
ingly.

S LORD CHATHAM'S SPEECH ON
If your lordships will look back to a period of the
English history, in which the circumstances are re
versed, in which the Spaniards were the complainants,
you will see how differently they succeeded. You. will
see one ofthe ablest men, one of the bravest officers
this or any other country ever produced (it is hardly
necessary to mention the name of sir Walter Raleigh)
sacrificed by the meanest prince that ever sat upon the
throne, to the vindictive jealousy of that haughty
court. James the First was base enough, at the in
stance of Gondomar, to suffer a sentence against sir
Walter Raleigh, for another supposed offence, to be
carried into execution almost twelve years after it had
been passed. This was the pretence. His real crime
was, that he had mortally offended the Spaniards,
while he acted by the king's express orders, and un
der his commission.
My lords, the pretended disavowal by the court of
Spain is as ridiculous as it is false. If your lordships
want any other proof, call for your own officers, who
were stationed at Falkland Island. Ask the officer
who commanded the garrison, whether, when he was
summoned to surrender, the demand was made in
the name of the governour of Buenos Ayres, or of
his catholick majesty ? Was the island said to belong
to Don Francisco Bucarelli, or to the king of Spain ?
If I am not mistaken, we have been in possession of
these islands since the year 1764, or 1765. Will
the ministry assert, that, in all that time, the Spanish
court have never once claimed them? That their
right to them has never been urged, or mentioned to
our ministry? If it has, the act of the governour of
Buenos Ayres is plainly the consequence of our
refusal to acknowledge and submit to the Spanish
claims. For five years they negotiate; when that
fails, they take the island by force. If that mea
sure had arisen out of the general instructions, con
stantly given to the governour of Buenos Ayres,
why should the execution of it have been defer
red so long?

T.HE RELATIONS WITH SPAlNi 9
My lords, if the -falsehood of this pretended dis
avowal had been confined to the court of Spain,
I should have admitted it without concern. I
should have been content that they themselves
had left a door open for excuse, and accommo
dation. The . king of ; England's honour, is not
touched till he adopts the falsehood, delivers it to
his parliament* and makes it his own.
I cannot quit this subject without Comparing
the conduct of the present ministry with that of a
gentleman* who is now no more. The occasions
were similar. The French had taken a little island
from us, called Turk's island. The minister then
at the head ofthe treasury took the business upon
himself. But he did not negotiate. He sent for
the French ambassadour and made a peremptory
demand. A courier was despatched to Paris, and
returned in a few days, with orders for instant re
stitution, not only of the island, but of every thing
that the English subjects had lost.t
* Mr. George Grenville.
t The state of the fact was as follows. When the advice-
arrived in England ofthe French having seized Turk's island,
in the year 1764, a debate arose in the British council upon
the measures necessary to be taken with France upon that
occasion. The whole council, one only excepted, were for a
remonstrance to the French court, and they founded their
opinion upon an apprehension, lest a spirited conduct might
induce that court to break the peace, and by some unforeseen
means, precipitate us into measures which might terminate in
a rupture between the two nations. The one who ventured
to differ from all the rest was the right honourable George
Grenville. He urged the necessity of a spirited Conduct as
the only means of preserving the peace. That France, who
was unable to continue the late war, was equally incapable of
beginning another That if we did not immediately show a
spirited and warm resentment to her behaviour on this occa
sion, she would- certainly repeat her insults, and accompany
them with language that her pride would oblige her to sup
port, and thus, silence or tameness on our side would infalli
bly lead* to a rupture. Upon this, the two secretaries of state
(at that time lord Halifax and lord Sandwich) committed the
whole negotiation to Mr. Grenville. He undertook it, and
sent for count Guerchy, who was at that time the French
VOL. I C

10 LORD CHATHAM'S SPEECH ON
Such then, my lords, are the circumstances of our
difference With Spain ; and in this situation, we are
told that a negotiation has been entered into, that this
negotiation, which must have commenced near three
months ago, is still depending, and that any insight
into the actual state of it vvill. impede the conclusion.
My lords, I am not, for my own part, very anxious to
draw from the ministry the information which they
take so much care to conceal from us. I very well
know where this honourable negotiation will end;
ambassadour at the British court. K In a short conversation
which immediately ensued upon this subject, Mr. Grenville
told the ambassadour in plain terms, that the French forces
who had invaded and seized Turk's island must immediately
evacuate the same, and restore it to the quiet possession ofthe
English. The ambassadour said in excuse for the conduct of
his court, that the. king, his master, had claims upon that
island, and that he was ready to enter into a negotiation upon
them. To which the English minister peremptorily an
swered, whatever claims you have, set them up, we will hear
them. But first, the island must and shall be restored. We
will not hear of any claims or negotiation while the island is
in the hands of the French king. It is absurd to seize the
island, and - hen talk of a negotiation about claims^ When
the island is restored to his Britannick majesty, then, and not
till then, vvill a single word about claims be heard or admitted.
He concluded in a firm and determined manner to this effect.
Sir, I will wait nine days for your answer, in which time you
may send and receive advice from your court, whether the
king will immediately order his forces to evacuate Turk's
island, and restore it to the full and quiet possession of 'the
English, or not : and if 1 do not receive your answer at the
end of nine days, the fleet that is now lying at Portsmouth*
shall, sail directly, to the island and reinstate it in the posses
sion ofthe king of Great Britain. The ambassadour went
away, and soon after returned to show the British minister the
despatches he had prepared upon the occasion. Mr. Gren
ville gave him leave to insert the conversation that had pas
sed between them. On the sixth day, a copy of the orders
signed by the French king, for restoring the island to the
English arrived.
A similar measure of spirit was adopted by the same minis
ter with the Spaniards, who had drove our settlers from Hon
duras, to whom fourteen days had been allowed : upon which,
all was instantly and amicably adjusted.
* ' There was a fleet then at Portsmouth waiting for sailing orders.

THE RELATIONS WITH SPAIN. 11
where it must end. We may, perhaps, be able to
patch up an accomodation for the -present, but we
shall have a Spanish war in six months. Some of
your lordships may, perhaps, remember the conven
tion. For several successive years our merchants
had been plundered ; no protection given them ; no
redress obtained for them. During all that time
we were contented to complain, and to negotiate.
The court of Madrid were then as ready to disown
their officers, and as unwilling to punish them, as
they are at present. Whatever violence happened
was always laid to the charge of one or other of
their West India governours. To day it was the
governour of Cuba, to morrow of Porto Rico, Car-
thagena, or Porto Bello. If in a particular instance
redress was promised, how was that promise kept?
The merchant, who had been robbed of his property,
was sent to the West Indies to get it, if he could, out
of an empty chest. At last the convention was made ;
but, though approved by a majority of both houses,
was received by the nation with universal discontent.
I myself heard that wise man* say in the house of
commons, '' 'Tis true we have got a convention and
a vote of parliament ; but what signifies it ? we shalL
have a Spanish war upon the back of our conven
tion." Here, my lords, 1 cannot help mentioning
a very striking observation made tome by a noble
lord, since dead, t His abilities did honour to this
house, and to this nation. In the upper departments
of government he had not his equal ; and I feel a
pride in declaring, that to his patronage, to his friend
ship, and instruction, I owe whatever I am. This
great man has often observed to me that, in all the
negotiations which preceded the convention, our mi
nisters never found out that there was no ground or
subject for any negotiation. That the Spaniards had
not a right to search our ships, and when they at
tempted to regulate that right by treaty, they were
regulating a thing which did not exist. This I take
* Sir Robert Walpoole. t The late lord Grenville.

12 lord Chatham's speech on
to be something like the case of the ministry. The
Spaniards have seized an island they have no right to;
and his majesty's servants make it matter of negotia
tion, whether his dominions shall be restored to him
pr not.
From what I have said, my lords, I do not doubt
but it will be understood by many lords, and given
put to the publick, that I am for hurrying the nation,
at all events, into a war with Spain. My lords, I
disclaim such councils, and I beg that this declaration
may be remembered. Let us have peace, my lords,
but let it be honourable, let it be secure. A patched
Up peace will not do. It will not satisfy the nation,
though it may be approved of by parliament. I dis
tinguish widely between a solid peace, and the dis
graceful expedients, by which a war may be deferred,
but cannot be avoided, I am as tender ofthe effusion
of human bipod, as the noble lord who dwelt so long
upon the miseries of the war. If the bloody politicks
pf some noble lords had been followed, England^
and every quarter of his majesty's dominions would
have been glutted with blood-rrthe blopd of our own
countrymen, My lords, I have better reasons, perhaps, than mar
ny of your lordships for desiring peace upon the
terms I have described. I know the strength and
preparation ofthe house of Bourbon ; I know the
defenceless, unprepared condition of this country.
1 know not by what mismanagement we are reduced
to this situation ; and when I consider, who are the
men by whom a war, in the outset at least, must be
conducted, can I but wish for peace ? Let them not
screen themselves behind the want of intelligence — -
they had intelligence : I know they had. If they had
not, they are criminal ; and their excuse is their
crime. But I will tell these young ministers the true
source of intelligence. It is sagacity. Sagacity to
compare causes and effects ; to judge of the present
state of things, and discern the future by a careful
review ofthe past. Oliver Cromwell, who astonished
mankind by his intelligence, did not derive it from

THE RELATIONS WITH SPAIN. 13
spies in the cabinet of every prince in Europe: he
drew it from the cabi'het of his own sagacious mind.
He observed facts and traced them forward to their
consequences. From what was, he concluded what
must be, and he never was deceived. In the present si
tuation of affairs, I think it would be treachery to the na
tion to conceal from them their real circumstances,, and
with respect to a foreign enemy , I know that all conceal
ments are vain and useless. They are as well acquaint
ed with the actual force and Weakness of this country,
as any of the king's servants. This is no time for
silence, or reterve. I charge the ministers with the
highest crimes that men in their stations can be guilty
of. I charge them with having destroyed all content
and unanimity at home, by a series of oppressive,
unconstitutional measures; and with having betrayed
and delivered up the nation defenceless to a foreign
enemy. Their utmost vigour has reached no farther than
to a fruitless, protracted negotiation. When they
should have acted, they have contented themselves
with talking about it, goddess, and about it- — if we
do not stand forth, and do our duty in the present
crisis, the nation is irretrievably undone, I despise
the little policy of concealments. You ought to
know the whole of your situation. If the information
be new to the ministry, let them take care to profit
by it. I mean to rouse, to alarm the whole nation;
to rouse the ministry, if possible, who seem to awake
to nothing but the preservation of their places — to
awaken the king,
Early in the last spring, a motion was made in
parliament, for inquiring into the state of the navy,
arid an augmentation of six thousand seamen was
offered to the ministry. They refused to give us any
insight into the condition of the navy, and rejected
the augmentation.' Early in June they received ad
vice of a commencement of hostilities by a Spanish
armament, which had warned the king?s garrison to
quit an island belonging to his majesty. From that
to the 12th of September, as if nothing had happened,

14 LORD CHATHAM'S SPEECH ON
they lay dormant. Not a man was raised, not a sin
gle ship was put into commission. From the 12th
of September, when they heard of the first blow
being actually struck, we are to date the beginning
of their preparations for defence. Let us nou in
quire, my lords, what expedition they have uSed,
what vigour they have exerted. We have heard
wonders of the diligence employed in impressing, of
the large bounties offered, and the number of ships
put into commission. These have been, for some
time past, the constant topicks of ministerial boast
and triumph. Without regarding the description,
let us look to the substance. I tell your lordships
that, with all this vigour and expedition, they have
not, in a period of considerably more than two
months, raised ten thousand seamen. I mention
that number, meaning to speak largely, though in
my own breast, I am convinced that the number does
not exceed eight thousand. But it is said they have
ordered forty ships of the line into commission. My
lords, upon this subject I can speak with knowledge. I
have been conversant in these matters, and draw my
information from the greatest and most respectable
naval authority that ever existed in this country, I
mean the late lord Anson. The merits of that great
man are not so universally known, nor his memory
so warmly respected as he deserved. To his wisdom,
to his experience, and care (and I speak it with plea
sure) the nation owes the glorious naval successes of
the last war. The state of facts laid before parlia
ment in the year 1756, so entirely convinced me of
the injustice done to his character, that in spite ofthe
popular clamours raised against him, in direct oppo
sition to the complaints of the merchants, and of the
whole city (whose favour I am supposed to court
upon all occasions) I replaced him at the head of the
admiralty; and I thank God that I had resolution
enough to do so. Instructed by this great seaman, I
do affirm, that forty ships of the line, with their ne
cessary attendant frigates, to be properly manned,
require forty thousand seamen. If your lordships

THE RELATIONS WITH SPAIN. 15
are surprised at this assertion, you will be more so,
when I assure you, that in the last war, this country
maintained 85,000 seamen, and employed them all.
Now, my lords, the peace establishment of your navy,
supposing it complete, and effective (which by the
by ought to be known) is sixteen thousand men.
Add to these the number newly raised, and you have
about twenty-five thousand men to man your fleet, I
shall come presently to the application of this force, ,
such as it is, and compare it with the services, which
I know are indispensable. But first, my lords, let
us have done with the boasted vigour of the ministry.
Let us hear no more of their activity. If your lord
ships will recall to your minds the state of this country
when Mahon was taken, and compare what was done
by government at that time, with the efforts now
made in very similar circumstances, you will be able
to determine what praise is due to the vigorous ope
rations of the present ministry. ,Upon the first intel
ligence of the invasion of Minorca, a great fleet was
equipped and sent out ; and near double the number
of seamen collected in half the time taken to fit out
the present force, which pitiful as it is, is not yet, if
the occasion was ever so pressing, in a condition to
go to sea. Consult the returns which were laid be
fore parliament in the year 1756. I was one of those
who urged a parliamentary inquiry into the conduct
of the ministry. That ministry, my lords, in the
midst of universal censure and reproach, had honour
arid virtue enough to promote the inquiry themselves.
They scorned to evade it by the mean expedierit of put
ting a previous question. Upon the strictest inquiry it
appeared, that the diligence they had used in sending
a squadron to the Mediterranean, and in their other
naval preparations, was beyond all example.
My lords, the subject on which I am speaking
seems to call upon me, and I willingly take this oc
casion to declare my opinion uppn a question, on
which much wicked pains have been employed to
disturb the minds of the people, and to distress go
vernment. My opinion may not be very popular -r.

16 LORD CHATHAM'S SPEECH ON THE
neither am I running the race of popularity. I am
myself clearly convinced, and I believe every man
who knows any thing of the English navy will ac
knowledge, that without impressing, it is impossible
to equip a respectable fleet within the time in which
such armaments are usually wanted. If this fact be
admitted, and if the necessity of arming upon a sud
den emergency should appear incontrovertible, what
shall we think of those men, who in the moment of
danger would stop the great defence of their country.
Upon whatever principle they may act, the act it
self is more than faction — it is labouring to Cut off the
right hand of the community. I Wholly condemn
their conduct, and am ready to support any motion
that may be made, for bringing those aldermen,
who have endeavoured to stop the execution of the
admiralty warrants, to the bar of this house. My
lords, I do not rest my opinion merety upon neces
sity. I am satisfied that the power of impressing is
founded upon uninterrupted usage. It is the consue-
tudo regni, and part of the common law prerogative
of the crown. When I condemn the proceedings of
some persons upon this occasion, let me do justice
to a man whose character and conduct have been most
infamously traduced ; I mean the late lord mayor,
Mr. Treacothick. In the midst of reproach and
clamour, he had firmness enough to persevere in
doing his duty. 1 do not know in office a more
upright magistrate ; nor, in private life, a worthier
man. Permit me now, my lords, to state to your lord
ships the extent and variety of the service which
must be provided for, and to compare them with
our apparent resources. A due attention to, and
provision for these services, is prudence in time of
peace ; in war it is necessity. Preventive policy, my
lords, which obviates or avoids the injury, is far
preferable to that vindictive policy, which aims at
reparation, or has no object but revenge. The pre
caution that meets the disorder is cheap and easy ;
the remedy which follows it, bloody and expensive.

RELATIONS WITH SPAIN. 1/
The first great and acknowledged object of national
defence in this country, is to maintain such a supe
riour naval force at home, that even the united fleets
of France and Spain may never be masters of the
Channel. If that should ever happen^ what is there
to hinder their landing in Ireland, or even upon our
own coast ? They have often made the attempt. In
King William's time it succeeded. King James em
barked on board a French fleet, and landed with a
French army in Ireland. In the mean time the French
were masters of the Channel, and continued so until
their fleet was destroyed by admiral Russel. As to
the probable consequences of a foreign army landing
in Great Britain or Ireland, I shall offer your lord
ships my opinion when I speak of the actual condi
tion of our standing army.
The second naval object with an English minister*
should be to maintain at all times a powerful western
squadron. In the profoundest peace it should be re
spectable ; in war it should be formidable. Without
it, the colonies, the commerce, the navigation of
Great Britain, He at the mercy of the house of Bour
bon. While I had the honour of acting with lord
Anson, that able officer never ceased to inculcate upon
the minds of his majesty's servants the necessity of
constantly maintaining a strong western squadron ;
and I must vouch for him, that while he was at the
head of the marine it was never neglected.
The third object indispensable,' as I conceive, in
the distribution of our navy, is to maintain, such a
force in the bay of Gibraltar as may be sufficient to
cover that garrison, to watch the motions of the Spa
niards, and to keep open the communication with
Minorca.. The ministry will not betray such want
of information as to dispute the truth of any of these
propositions. But how will your lordships be asto
nished, when I inform you in what manner they have
provided for these great, these essential objects ? As
to the first, I mean the defence ofthe Channel, I take
upon myself to affirm to your lordships, that, at this
hour (and I beg that the date may be taken down and
VOL. I. D

1$ LORD CHATHAM'S SPEECH ON
observed) we cannot send out eleven ships of the line
so manned and equipped that any officer of rank and
credit in the service shall accept of the command and
stake his reputation upon it. We have one ship of
the line at Jamaica, one at the Leeward islands, and
one at Gibraltar ; yet at this very moment, for ought
the ministry know, both Jamaica and Gibraltar may
be attacked ; and if they are attacked (which God
forbid) they must fall. Nothing can prevent it but
the appearance ofa superiour squadron. It is true
that, some two months ago, four ships of the line
were ordered from Portsmouth, and one from Ply
mouth, to carry a relief from Ireland to Gibraltar.
These ships, my lords, a week ago, were still in
port. If, upon their arrival at Gibraltar, they should
find the bay possessed by a superiour squadron, the
relief cannot be landed ; and if it could be land
ed of what force do your lordships think it con
sists ? Two regiments, of four hundred men
each, at a time like this, are sent to secure a
place of such importance as Gibraltar! a place
which it is universally agreed cannot hold out
against a vigorous attack from the sea, if once this
enemy should be so far masters of the bay as to
make a good landing even with a moderate force.
The indispensable service of the lines requires at
least four thousand men. The present garrison con
sists of about two thousand three hundred ; so that
if the relief should be fortunate enough to get on
shore, they will want eight hundred men of their
necessary complement.
Let us now, my lords, turn our eyes homewards.
When the defence of Great Britain or Ireland is in
question, it is no longer a point of honour ; it is not
the security of foreign commerce, or foreign pos
sessions ; we are to contend for the very being of the
state. I have good authority to assure your lord
ships that the Spaniards have now a fleet at Ferrol,
completely manned and ready to sail, which we are
in no condition to meet. We could not this day
send out eleven ships of the line properly equipped,

THE RELATIONS WITH SPAIN. 19
•l#and to morrow the enemy may be masters of the
channel. It is unnecessary to press the consequences
of these facts upon your lordships' minds. If the
enemy were to land in full force, either upon this
coast or in Ireland, where is > your army? where "is
your defence ? My lords, if the house bf Bourbpn
make a wise and vigorous use of the actual advanta
ges they have over us, it is more than probable that
on this day month we may not be a nation. What
military force can the ministry show to answer any-
sudden demand ? I do not speak of foreign expedi
tions, or offensive operations. I speak of the inte-
riour defence of Ireland, and of this country. You
have a nominal army of seventy battalions, besides
guards and cavalry, But what is the establishment
of these battalions ? Supposing they were complete to
the numbers allowed, which I know they are not,
each regiment would consist of something less than
four hundred men, , rank and file. Are these batta
lions complete ? Have any orders been given for an
augmentation, or do the ministry mean to continue
them upon their present low establishment ? When
America, the West Indies, Gibraltar, and Minorca,
are taken care of, consider, my lords, what part of
this army will remain to defend Ireland and Great
Britain ? This subject, my lords, leads me to con
siderations of foreign policy and foreign alliance. It
is more connected with them than your lordships
may at first imagine. When I compare the numbers
of our people, estimated highly at seven millions,
with the population of France and Spain, usually
computed at twenty-five millions, I see a clear,
selfevident impossibility for this country to contend
with the united power of the house of Bourbon,
merely upon the strength of its own resources. They
who talk of confining a great war to naval operations
only, speak without knowledge or experience. We
can no more command the disposition than the events
of a war. Wherever we are attacked, there we
must defend. '

20 LORD CHATHAM'S SPEECH ON
I have been much abused, my lords, for support
ing a war, which it has been the fashion to call my
German war. But I can affirm, with a clear con
science, that that abuse has been thrown on me by
men, who were either unacquainted with facts, or
had an interest in misrepresenting them. I shall speak
plainly and frankly to your lordships upon thisj as
I do upon every occasion. That I did in parliament
oppose, to the utmost of my power, our engaging in
a German war, is most true; and if the same cir
cumstance were to recur, I would act the same part,
and oppose it again. But when I was called upon to
take a share in the administration, that measure was
already decided. Before I was appointed secretary
of state, the first treaty with the king of Prussia was
signed, and not only ratified by the crown, but ap
proved of and confirmed by a resolution of both
houses of parliament. It was a weight fastened
upon my neck. By that treaty, the honour of the
crown and the honour of the nation were equally en
gaged. How I could recede from such art engage
ment ; how I could advise the crown to desert a great
prince in the midst of those difficulties, in which a
reliance upon the good faith of this country had con
tributed to involve him, are questions I willingly sub
mit to your lordships' candour. That wonderful
man, might, perhaps, have extricated himself from
his difficulties without our assistance. He has talents
which, in every thing that touches the human capa
city, do honour to the human mind. But how would
England have supported that reputation of credit and
good faith, by which we have been distinguished in
Europe? What other foreign power would have
sought our friendship? What other foreign power
would have accepted of an alliance with us?
But, my lords, though I wholly condemn our en
tering into any engagements which tend to involve
us in a continental war, I do not admit that alliances
with some of the German princes are either detri
mental or useless, They may be, my lords, not only
useful, but necessary. I hope, indeed, I never shall

THE RELATIONS WITH SPAIN. 21
see an army of foreign auxiliaries in Great Britain ;
we do not want' it. If our people are united; if they
are attached to the king, and place a confidence in
his government, we have an internal strength suffi
cient to repel any foreign invasion. With respect to
Ireland, my lords,, I am not of the same opinion. If
a powerful foreign army were landed in that king
dom, with arms ready to be put into the hands of
the Roman Catholicks, I declare freely to your lord
ships, that I should heartily wish it were possible to
collect twenty thousand German protestants, whether
from Hesse or Brunswick, or Wolfenbuttle, or even
the unpopular Hanoverian, and land them in Ireland.
I wish it, my lords, because I am convinced, that
whenever the case happens, we shall have no English
army to spare.
I have taken a wide circuit, my lords, and tres
passed, I fear, too long upon your lordships' patience.
Yet I cannot conclude without endeavouring to bring
home your thoughts to an object more immediately
interesting to us than any 1 have yet considered ; I
mean the internal condition of this country. We
may look abroad for wealth, or triumphs, or luxury ;
but England^ my lords, is the main stay, the last
resort of the whole empire. To this point every
scheme of policy whether foreign or domestick,
should ultimately^ refer. Have any measures been
taken to satisfy, or to unite the people? Are the
grievances they have so long complained of removed?
or do they stand not only unredressed, but aggrava
ted ? Is the right of free election restored to the elec
tive body? My lords, I myself am one ofthe people.
I esteem that security and independence, which is the
original birthright of an Englishman, far beyond the
privileges, however splendid, which are annexed to
the peerage. I myself am by birth an English elector,
and join with the freeholders of England as in a com
mon cause. Believe me, my lords, we mistake our
real interest as much as our duty, when we separate
ourselves from the mass of the people. Can it be
expected that Englishmen will unite heartily in the
defence of a government, by which they feel them-

22 LORD CHATHAM'S SPEECH ON
selves insulted and oppressed? Restore them to their
rights ; that is the true way to make them unanimous.
It is not a ceremonious recommendation from the
throne, that can bring back peace and harmony to a
discontented people. That insipid annual opiate has
been administered so long, that it has lost its effect.
Something substantial, something effectual must be
done. The publick credit of the nation stands next in
degree to the rights ofthe constitution ; it calls loud
ly for the interposition of parliament. There is a
set of men, my lords, in the city of London, who
are known to live in riot and luxury, upon the plun
der of the ignorant, the innocent, the helpless, —
upon that part ofthe community, which stands most
in need of, and best deserves the care and protection
of the legislature. Tome, my lords, whether they
be miserable jobbers of 'Change-alley, or the lofty
Asiatick plunderers of Leadenhall-street, they are all
equally detestable. I care but little whether a man
walks on foot, or is drawn by eight horses or six
horses ; if his luxury be supported by the plunder of
his country, I despise and detest him. My lords,
while I had the honour of serving his majesty, I never
ventured to look at the treasury but at a distance ;
it is a business I am unfit for, and to which I never
could have submitted. The little -I know of it has
not served to raise my opinion of what is vulgarly
called the monied interest ; I mean that blood-sucker,
that muckworm, which calls itself the friend of go
vernment — that pretends to serve this or that adminis
tration, and may be purchased, on the same terms,
by any administration — that advances money to go
vernment, and takes special care of its own emolu
ments. Under this description I include the whole
race of commissiaries, jobbers, contractors, clothiers,
and remitters. Yet I do not deny that, even with
these creatures some management may be necessary.
I hope my lords, that nothing 1 have said, will be un
derstood to extend to the honest, industrious trades
man, who holds the middle rank, and has given

THE RELATIONS WITH SPAIN. 26
repeated proofs, that he prefers law and liberty to
gold. I love that class of men. Much less would I
be thought to reflect upon the fair merchant, whose
liberal commerce . is the prime source of national
wealth. I esteem his occupation, and respect his
character. My lords, if the general representation, which I
. have had the honour to lay before you, ofthe situation
of publick affairs, has, in any measure, engaged your
attention, your lordships, I am sure, will agree with
me, that the season ^alls for more than common pru
dence and vigour in the direction of our councils.
The difficulty of the crisis demands a wise, a firm,
and a popular administration. The dishonourable
traffick of places has engaged us too long. Upon this
subject, my lords, I speak without interest or enmity.
I have no personal objection tO any of the king's ser
vants. I shall never be minister ; certainly not with
out full power to cut away all the rotten branches of
government. Yet, unconcerned as I truly am for
myself, I cannot avoid seeing some capital errours in
the distribution of the royal favour. There are men,
my lords, who if their own services were forgotten,
ought to have an hereditary merit with the house of
Hanover ; Whose ancestors stood forth in the day of
trouble, opposed their persons and fortunes to trea
chery and rebellion, and secured to his majesty's
family this splendid power of rewarding. There
are other men, my lords,* who, to speak tenderly
of them, were not quite so forward in the demonstra
tions of their zeal to the reigning family ; there was
another cause, my lords, and a partiality to it,
which some persons had not at all times discretion
enough to conceal. I know I shall be accused of
attempting to revive distinctions. My lords, if it
were possible, I would abolish all distinctions. I
would not wish the favours of the crown to flow
invariably in one channel. But there are some dis
tinctions, which are inherent in the nature of things.
* Looking sternly at lord Mansfield.

24 LORD CHATHAM'S SPEECH ON
There is a distinction between right and wrong ; be
tween whig aud TORY.
When I speak of an administration, such as the
necessity of the season calls for, my views are large
and comprehensive. It must be popular, that it may
begin with reputation. It must be strong within it
self, that it may proceed with vigour and decision.
An administration, formed upon an exclusive system
of family oonnexions or private friendships, cannot, I
am convinced, be long supported, in this country.
Yet, my lords, no man respects, or values more than
I do, that honourable connexion, which arises from
a disinterested concurrence in Opinion upon publick
measures, or from the sacred bond of private friend
ship and esteem. What I mean is, that no single
man's private friendships or connexions, however ex
tensive, are sufficient of themselves, either to form or
overturn an administration. With respect to the
ministry, I believe, they have fewer rivals than they
imagine. No prudent man will covet a situation so
beset with difficult}' and danger.
I shall trouble your lordships with but a few words
more. His majesty tells us in his speech, that he
will call upon us for our advice, if it should be neces
sary in the further progress of this affair. It is not
easy to say whether or no the ministry are serious in
this declaration ; nor what is meant by the progress of
an affair, which rests upon one fixed point. Hitherto
we have not been called upon. But though we are
not consulted, it is our right and duty as the king's
great, hereditary council, to offer him our advice.
The papers, mentioned in the noble duke's motion,
will enable us to form a just and accurate opinion of
the conduct of his majesty's servants, though not of
the actual state of their honourable negotiations. The
ministry too, seem to want advice upon some points
in which their own safety is immediately concerned.
They are now balancing between a war which they
ought to have foreseen, but for which they have made
no provision, and an ignominious compromise. Let
me warn them of their danger. If they are forced

THE RELATIONS WITH SPAIN. 25
into a war, they stand it at the hazard of their heads.
If, by an ignominious compromise, they should stain
the honour of the crown, or sacrifice the rights of
the people, let them look to the consequences and
consider whether they will be able to walk the
streets in safety.

VOL. I

MR. BURKE'S SPEECH,
ON AMERICAN TAXATION, DELIVERED IN THE HOUSE OF
COMMONS, APRIL 19TH, 1774.
JL«ORD NORTH commenced his administration at
a time, when the disputes between the mother country
and the colonies had attained to a height, which me
naced the mosts serious consequences. The ob
noxious, laws passed by the preceding ministry, had
excited throughout the American dependencies a spi
rit of discontent^ which seemed already prepared to
burst forth in open resistance to the authority of the
parent state, and, if not appeased, to dissolve for
ever the connexion which had very recently been
cherished, with exultation, as the most certain source
of their glory, their prosperity, and happiness.
Among the earliest of his measures, of any impor
tance, was the revocation ofthe act which laid a duty
on articles of merchandise imported into the colonies,
reserving only the one upon tea, as a mere recognition
ofthe right in parliament of legislation over the whole
of the empire.
As this tax was deemed the proximate and most
irritating grievance, the minister entertained a san
guine expectation that' its repeal would tranquillize
the prevalent turbulence, arid rekindle the nearly ex
tinguished sentiments of loyalty and attachment which
were once so conspicuously displayed in every section
of the provinces. But he was utterly deceived. Like
all temporizing half-way measures, which lose their
.efficiency by their neutrality, this well meant project
of conciliation totally failed. Denying the parliamentary
right of taxing them, the Americans were not satis-

28 UR. BURKE'S SPEECH ON
fied by the discontinuance ofthe several duties, while
any one remained to sanction the right.
It was not the weight of taxation against which they
murmured; but the principle on which it Was imposed.
This partial repeal j therefore, was received not as an
act of grace, or token of concession ; but rather as an
insidious stratagem to perpetuate under a disguise, an
odious assumption of power.
The scheme of lord North was justly and with great
felicity described by a cotemporary " as a heteroge
neous mixture of concession and coercion ; of con
cession not tending to conciliate, and of coercion that
could not be carried into execution ; at once exciting
hatred for the intention, and contempt for the weak
ness." Notwithstanding the urgent remonstrance of the
colonies against the tax, and their increasing disposi
tion to violence, the government of Great Britain re
solved to enforce the measure, and vessels loaded
with the offensive commodity were accordingly per
mitted to be sent to America.
, The scene of riot and tumult which ensued on the
arrival of the ships at Boston is too vividly recollected
to require here to be related.
When the intelligence of these commotions reached
England, sensations ofthe deepest solicitude and ap
prehension were created in the reflecting part of the
nation. The leading characters of the minority in
each house of parliament contemplated the posture of
colonial affairs with the same anxiety. They con
tended with all the powers of reasoning and persua
sion, that an adjustment of the existing differences
could alone be effected by an entire, immediate, and
absolute renunciation of those hateful and arbitrary
pretensions, set up in a season of delusion by the
mother country.
With a view to the restoration of harmony, Mr.
Rose Fuller, an eminent commoner, moved on the
19th of April, 1774, " That the house resolve itself
into a committee to take into consideration the duty
upon the importation of tea into America, for its

ON AMERICAN TAXATION. 29
repeal." This motion was seconded by Edmund
Burke, who delivered in its support the subsequent
speech, which, whether we Consider it as an exhibition
of imagery, lively, gorgeoqs, elevated, and resplen-
dentj as a luminous^ exposition of the subject of
debate, or as a chain of close argumentation in
maintenance of the proposition he recommends, is
equal, and perhaps superiour, to any specimen of
the art ancient or modern.
It has sometimes been objected to the speeches
pf this celebrated orator, that, though they excel
in variety and extent of knowledge, in curious and
instructive observations on human nature, , in the
sublime sentiments and reflections of philosophy,
and, in the creations of fancy, and the embellish
ments of rhetorick, are unrivaled, yet, that they
are loose and digressive, and hence comparatively
feeble in producing those convictions for which they
were designed. This criticism, which, we think,
might very successfully be combated, certainly does
not apply to the present one. The speech on Ame
rican taxation is, indeed, a model that presents in
a greater degree than any other, the properties of
perfect eloquence.
This speech is, moreover, peculiarly interesting as
containing a very distinct account of all the schemes
which were successively adopted in the government
ofthe plantations, with their causes and consequences.
In the progress of the review he has thought fit, as in
fluencing their measures, to describe the characters of
the different ministers.. These portraits are deserving
of the highest admiration. They are sketched with
the bold conception of Salvator Rosa, and coloured
with the bright and mellow tints of Claude Lorraine.
The efforts of Burke and his party were ineffectual.
The motion was lost by a large majority. The
ministry had previously fixed upon an opposite po
licy. Conceiving that the cup of conciliation was
exhausted, they had already determined to exchange
it for a system of coercion of rigorous and unmiti
gated severity.

so

SPEECH, Sfc.
Sir, I AGREE with the honourable gentleman*
who spoke last, that this subject is not new in this
house. Very disagreeably to this house, very unfor
tunately to this nation, and to the peace and prospe
rity of this whole empire, no topick has been more
familiar to us. For nine long years, session after
session, we have been lashed round and round this
miserable circle of occasional arguments and tempo
rary expedients. I am sure our heads must turn,
and our stomachs nauseate with them. We have
had them in every shape ; we have looked at them in
every point of view. Invention is exhausted ; reason
is fatigued; experience has given judgment; but
obstinacy is not yet conquered.
The honourable gentleman has made one endea
vour more to diversify the form of this disgusting
argument. He has thrown out a speech composed
almost entirely of challenges. Challenges are serious
things ; and as he is a man of prudence as well as re
solution, I dare say he has very well weighed those
challenges before he delivered 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 Ame
rican questions. My sentiments, I am sure, are well
known to him ; and I thought I had been perfectly
acquainted with 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, to submit tp
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 delibe
ration ; one narrow and simple, and merely confined
* Charles Wolfran Cornwall, Esq. lately appointed one of
the lords ofthe treasury.

ON AMERICAN TAXATION. 31
to the question on your paper : . the other more large
and more complicated; - comprehending the whole
series ofthe parliamentary proceedings 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 into so
extensive a field of inquiry. Yet, to my surprize, 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 detail. His
zeal has thrown him a little out of his usual accuracy.
In this perplexity What shall we do, sir, who are wil
ling to submit to the law he gives us ? He has repro
bated in one part of his speech the rule he had laid
down for debate in the other ; and after narrowing
the ground for all those who are to speak after him,
he takes an excursion himself, as unbounded as the
subject and the extent of his greft abilities.
Sir, when I cannot obey all his laws, 1 will do the
best I can. I will endeavour to obey such of them
as have the sanction of his example ; and to stick to
that rule, which, though not consistent with the other,
is the most rational. 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 of inquiry- is, " not how we got into this diffi
culty, but how we are to get out of it." In other
words, we are, according to him, to consult our in
vention, and to reject our experience. - The mode of
* deliberation he recommends is diametrically opposite
to every rule of reason, and every principle of good
sense established amongst mankind. For, that sense
and that reason, I have always understood, absolutely
to prescribe, whenever we are involved in difficulties
frpm the measures we have pursued, that we should
take a strict review of those measures, in order t©

32 MR. burke's speech
correct our errours, if they should be 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 manage
ment for men 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 honourable
gentleman in one part of his speech, has so strictly
confined us.
He desires to know, whether, if we were to repeal
this tax agreeably to the proposition of the honoura
ble gentleman who made the motion, the Americans
would not take post on this concession, in order to
make a new attack on the next body of taxes ; and
whether they would not call for a repeal of the duty
on wine as loudly as they do now for the repeal ofthe
duty on tea? Sir, I can give no security on this sub
ject. But I will do all that I can, and all that can be
fairly demanded, To the experience which the ho
nourable gentleman reprobates in one instant, and re
verts to in the next ; to that experience, without the
least wavering or hesitation on my part, h steadily ap
peal ; and would to God there was no other arbiter to
decide on the vote with which the house is to conclude
this day !
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 parliamentary revenue which subsisted
in that country ; or even any one of the articles which
compose it. I affirm also, that when departing from
the maxims of that repeal, you revived the scheme of
taxation, and thereby filled the minds ofthe colonists
with new jealousy, and all sorts of apprehension, then
it was that they quarrelled with the old taxes, as well
as the new ; then it was, and not till then, that they
questioned all the parts of your legislative power;

ON AMERICAN TAXATION. 33
and by the battery of such questions have shaken
the solid structure ofthis empire to its deepest foun
dations. Of those two propositions I shall, before I have
done, give such convincing, such damning proof,
that however the contrary may be whispered in cir
cles, or bawled in newspapers, they never more will
dare to raise their voices in this house. I speak with
great confidence. I have reason for it. The minis
ters are with me. They at least are convinced that
the repeal of the stamp act had not, and that no re
peal can have the consequences which the honourable
gentleman who defends their measures is so much
alarmed at. To their conduct, I refer him for a con
clusive answer to his objection. I carry my proof ir
resistibly into the very body of both ministry and
parliament ; not on any general reasoning growing out
of collateral matter, but on the conduct ofthe honour
able gentleman's ministerial friends on the new re-^
venue itself.
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 this
act passed, the ministry, I mean the present minis
try,, thought it expedient to repeal five of the duties,
and to leave, for reasons best known to themselves?
only the sixth standing. Suppose any person, at
the', tiriie of that repeal, had thus addressed the
minister,* " Condemning, as you do, the repeal of
the stamp act, why do you venture to repeal the du
ties 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 satisfaction, but insolence in the
Americans ; and that the giving up these taxes will
necessitate the giving up of all the rest?" This ob-
* Lord North, then chancellor of the exchequer.
VOL. I. P

34 MR. burke's speech
jection 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 policy of that measure (had
it been so impolitick 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 mi
nister has nothing at all to answer. He stands con
demned by himself, and by all his associates old
and new, as a destroyer, 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 well-wishers. I come to rescue that no
ble 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 repeal had no
tendency to produce the mischiefs which give 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 errour, he had left
unfinished. 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 they can, to
gether ; for if the repeal of American taxes destroys
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
formerly, — " the preamble ! what will become of the
preamble, if you repeal this tax ?" — I am sorry to
be compelled so often to expose the calamities and

ON AMERICAN TAXATION. 35
disgraces of parliament. The preamble of this law
standing as it now stands, has the lie direct given to
it by the prpvisionary part of the act; if that can
be called provisionary which makes, no provision.
I should be afraid to express myself in this manner,
especially in the face of such a formidable array of
ability as is now drawn up before me, com posed 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 evi
dence can be beat down by no ability. The clerk
will be so good as to turn to the act, and to read
this favourite preamble.
Whereas it is expedient that a revenue should be
raised in your majesty's dominions in America, for
making a more certain and adequate provision for de
fraying the charge of the administration of justice, and
support of civil government, in such provinces where
it shall be found necessary ; and towards further de
fraying the expenses of defending, protecting, and
securing the said dominions.
You have heard this pompous performance. Now
where is the revenue which is to do all these mighty
things? Five sixths repealed-^abandoned — sunk —
gone^-lost for ever. Does the poor solitary tea duty
support the purposes of this preamble ? Is not the
supply there stated as effectually abandoned as if the
tea duty had perished in the general wreck ? Here,
Mr. Speaker, is a precious mockery— a preamble
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 pre
serving dignity in England ! If you repeal this tax in
compliance with the motion, I readily admit that you
lose this fair preamble. Estimate your loss in it.
the object of the act is gone already ; and all you suf
fer is the purging the statute book of the Opprobium
of an empty, absurd, and false recital.
It has been said again and again, that the five taxes
were repealed on commercial principles. It is so

36 MR. BURKE'S SPEECH
said in the paper in my hand ;* a paper which I con
stantly 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 by the re-.
peal of taxes, it is of no consequence upon what ideas
the repeal is grounded. Repeal this tax too upon
Commercial principles if you please. These princi
ples will serve as well now as they did formerly. But
you know that, either your objection to a repeal from
these supposed consequences has no validity, or that
this pretence never could remove it. This commer
cial motive never was believed by any man, either in
America, which this letter is meant to sooth, or in
England, which it is meant to deceive. It was im
possible it should. Because every man, in the least
acquainted with the detail of commerce, must know,
that several of the articles on which the tax was re
pealed were fitter objects of duties than almost any
pther articles that could possibly be chosen ; widiout
comparison more so, than the tea that was left taxed ;
as infinitely less liable to be eluded by contraband.
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 this principle, yqu ventured
to impose a duty on coals. In all the articles of Ame
rican contraband trade, whoever heard ofthe smug
gling pf red lead, and white lead? You might, there
fore, well enough, without danger of contraband, and
without injury to commerce (if this were the whole
consideration) have taxed these commodities. The
same may be said of glass. Besides, some of the
things taxed were so trivial, that, the loss of the ob
jects themselves apd their utter annihilation out of
* Lord Hillsborough's circular letter to the governours of
the colonies concerning the repeal of some ofthe duties laid
in the act of 1767.

ON AMERICAN TAXATION. 37
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
colours ? Tea is an object Of far other importance.
Tea is perhaps the most important object, taking it
with its necessary 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 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 not having large and liberal ideas
in the management of greal: affairs. Never have ' the
servants ofthe state looked at the whole of your com
plicated interests in one connected view. They have
taken things by bits and scraps, some at one time and
one pretence, and some at another j just as they pres
sed, without any sort of regard to their relations or
dependencies. They never had any kind of system,
right or wrong ; but only invented occasionally some
miserable tale for the day, in order meanly to sneak
out of difficulties, into which they had proudly strut
ted. And they were put to all these shifts and devi
ces, full of meanness and full of mischief, in order to
pilfer piecemeal a repeal of an act, which they had not
the generous courage, when they found and felt their
errour, honourably and fairly to disclaim. By such
management, by the irresistible operation of feeble
councils, so paltry a sum as threepence in the eyes of
a financier, so insignificant an article as tea in the
eyes of a philosopher, have shaken the pillars of a
commercial empire that circled the whole globe.
Do you forget that, in the very last year, you stood
on the precipice of general bankruptcy ? Your danger
was indeed great. You were distressed in the affairs
ofthe East India company ; and you well know what
sort of things are involved in the comprehensive

JO MR.
energy of that significant appellation. I am not called
upon to enlarge to you on that danger, which you
thought proper yourselves to aggravate, and to display
to the world with all the parade of indiscreet declama
tion. 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 representation — 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
thought yourselves obliged to take in consequence of
it. America would have furnished that vent, which
no other part ofthe 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 have done us at
least so much gopd, as to let us know, that without a
more extensive sale of that article our East India re
venues 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 pre
vented from crushing you with their burthen. They
are ponderous indeed ; and they must have that great
country to lean upon, or they tumble upon your head.
It is the same folly that has lost you at once the be
nefit' 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
colonies, to every nation but yourselves. Never did
a people suffer so much for the empty words ofa pre
amble. 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 comprehensive, but too com
prehensive! vocabulary of finance — a preambulary
tax. It is indeed a tax of sophistry, a tax of pedan
try, a tax of disputation, a tax of war and rebellion, a

ON AMERICAN TAXATION. 39
tax for any thing but benefit to the imposers* or satis
faction to the subject.
Well ! but whatever it is, gentleman will force
the cplonists to take the teas., You will force them?
has seven years struggle been yet able to force them ?
O but it seems we are yet in the right. — The tax is
" trifling — in effect it is rather an exoneration than an
imposition ; three-fourths of the duty formerly paya
ble on teas exported to America is taken off; the
place of collection is only shifted ; instead of the re
tention of a shilling from the drawback here, it is
threepence 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 deliberately 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 glass imposed by the same act, was exactly in the
same 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 smuggling ;
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 reve
nue ; you allowed the whole drawback on export,
and then you charged the duty (which you had before
discharged) payable in the colonies; where it was
certain the collection would devour it to the bone ; if
any revenue were ever suffered to be collected at all.
One spirit pervades and animates the whole mass.
Could any thing be a subject of more just alarm to
America, than to see you go out ofthe plain high
road of finance, and give up your most certain reve
nues and your clearest interest, merely for the sake
of insulting your colonies? No man ever doubted
Jhat the commodity of tea could bear an imposition of

40 MR. BURKE'S SPEECH
threepence. But no commodity will bear three
pence, or will bear a penny, when the general feelings
of men are irritated, and two millions of people are
resolved not to pay. The feelings of the colonies
were formerly the feelings of Great Britain. » Theirs
were formerly the feelings of Mr. Hampden when
called upon for the payment of twenty shillings.
Would twenty, shillings have ruined Mr. Hampden's
fortune ? No ! but the payment of half twenty shil
lings, 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 Americans are unable and unwilling to
bear. It is then, sir, upon the principle of this measure,
and nothing else, that we are at issue. It is a princi
ple of political expediency. Your act of 1767 asserts,
that it is expedient 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 expedient.
It is a reflection upon your wisdom to persist in a so-
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 cir
cumstance escape you ; it is very material ; that the
preamble ofthis act, which we wish to repeal, is not
declaratory of a right, as some gentlemen 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 obeyed, to be utterly insufficient for their
purpose. You are therefore at this moment in the
aukward situation of fighting for a phantom ; a quid
dity ; a thing that wants, not only a substance, but
even a name ; for a thing, which is neither abstract
right, nor profitable enjoyment.
They. tell you, sir, that your dignity is tied to it.
I know not how it happens, but this dignity of yours
is a terrible incumbrance to vou ; for it has of late

ON AMERICAN TAXATION. 4!
been at war with your interest, ybut- equity, and
every idea of ybut- policy. Show the thing yOu
contend for to be reason; show it tO be conimon
sense; show it to be the means of attaining some
Useful end 5 and then I am content to allow it what
dignity you please. But what dignity is derived from
the perseverance in absurdity, is more than ever I
could discern. The honourable gentleman has
said Well,— indeed, in most of his general observa
tions I agree With him- — he says, that this subject
does hot stand as it did formerly. Oh, certainly not!
every hpur 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 disgrace, and the necessity of yield
ing, both of them, grow upon you every hour of your
delay. But will you repeal the act, says the honourable
gentleman, at this instant when America is in Open
resistance to your authority, and that you have just
revived your system of 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
remembers, that about five years ago as great dis
turbances as the present prevailed in America oil
account of the new taxes. The ministers represent
ed these disturbances as treasonable ; and this house
thought proper, on that representation, to make a
famous address for a revival, and for a new applica
tion of a statute of Henry VIII. We besought the
king, in 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 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
vol. i. c.

42 MR* BURKE'S SPEECH
reason for shutting the door against all, hppe of such
an alteration. And so strong was the spirit for sup
porting the new taxes, that the session concluded
with the following remarkable declaration. After
stating the vigorous measures which had been pur
sued, the speech from the throne proceeds :
" You have assured me of your firm support in
the prosecution of ' them. Nothing, in my opinion,
could be more likely to enable the well disposed
among my subjects in that part of the world, effec
tually to discourage and defeat the designs of the
factious and seditious, than the hearty concurrence
of every branch ofthe legislature, in maintaining the
execution ofthe laws in every part of my dominions."
After this no man dreamt that a repeal under this
ministry could possibly take place. The honourable
gentleman kho\vs as well as I, that the idea was
utterly exploded by those who 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 months the publick 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 the substance of the king's speech, he goes
on thus :
" I can take upon me to assure you, notwithstand
ing insinuations to the contrary, from men with fac
tious and seditious views, that his majesty's present
administration have at no time entertained a design
to propose tp 'parliament to lay any further taxes
Upon America, for the purpose of raising 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 commerce.
"These have always been, and still are, the senti
ments of his majesty's present servants ; and by
Which their conduct in respect to America has been
governed. And his majesty relies upon your pru
dence and fidelity for such an explanation of his mea-

ON AMERICAN TAXATION. 43
sures, as may tend to remove the prejudices which
have been excited by the misrepresentations of those
who are enemies to the peace and prosperity of Great
Britain and her colonies ; and to re-establish that
mutual confidence and affection, upon which the
glory and safety of the British empire depend,"
Here, sir, is a canonical book of ministerial scrip
ture ; the general epistle to the Americans. What
does the gentleman say to it? Here a repeal is pro
mised ; promised without condition ; and while your
authority was actually resisted. I pass by the pub
lick 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 ofthe commons. I conceal the ridiculous figure
of parliament, hurling its thunders at the gigantick
rebellion of America ; and then five days after, pros
trate at the feet of those assemblies we affected to
despise ; begging them, by the intervention of our
ministerial sureties, to receive our submission ; and
heartily promising amendment. These might have
been serious 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 abomina
ble project ; when the ministry suppose none but
factious men, and with seditious views could charge
them with it ? Does not this letter adopt and sanctify
the American 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 as the occasional
but the constant opinion of the king's servants ?
Does it not say (I care not how consistently) but
does it not say, that their conduct with regard to
America has been always governed by this policy ?
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 gracious sovereign from

44 MR. BURKE'S SPEECH
the inmost and most sacred shrine, and they pawp
him as a security for their promises. — " His majesty
relies on your prudence and fidelity for such an ex
planation of his measures." These sentiments of
the minister, and these measures pf his majesty, can
only relate 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 senti
ments, which it seems (unknown to the world) had
always been those of the ministers, and by which
their conduct in respect to America had been
governed, should by some possible revolution, fa
vourable to wicked American' taxers, be hereafter
counteracted. He addresses them in this manner:
It may possibly be objected, that as his majesty's pre
sent administration are. not immortal, their successours
may be inclined to attempt to undo what the present
ministers shall: have attempted to perform ; and to
that objection' lean give but this answer / that it is my
firm opinion, that the plan I have stated to you will
eertainly take place, and that it will never be departed
'from ; and so determined am 1 for ever to abide by it,
that I will be content to be declared infamous, if I dq
not, to the last hour of my life, at all times, in allpla-
cess and upon all occasions, exert every power with
which I either am, or ever shall be legally invested, in
order to obtain and maintain for the continent of Ame
rica that satisfaction which I have been authorized to
promise this, day, by the confidential servants of our
gracious sovereign, who to my certain knowledge rates
his honour so high, that he would rather part with his
crown, than preserve it by deceit.*
* A material ppint is omitted by Mr. Burke in this speech,
viz. the manner in which the continent received this royal assu
rance. The assembly of Virginia, in their address in answer
to lord Botetourt's speech, express themselves thus : " We
will not suffer our present hopes, arising from the pleasing
prospect your lordship hath 60 kindly opened and displayed to
us, to be dashed by the bitter reflection that any future admi-

ON AMERICAN TAXATION. 45
A glorious and true character ! which (since we
suffer his ministers with impunity to answer for his
ideas of taxation) we ought tp make it our business
to enable his majesty to preserve in all its lustre. Lei
him haye character, 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 ofthe noble lord upon the floor, t and Of all the
king's then ministers, who (with 1 think the excep*
tion of two only) are his ministers at this hour. The
very first news that a British parliament heard of what
it was to do with the duties which it had given and
granted to the king, was by the publication of the
votes of American assemblies. It was in America
that your resolutions were pre-declared. It was from
thence that we knew to a certainty, how much ex
actly, and not a scruple more nor less, we were to
repeal. We were unworthy to be let into the secret
of our own conduct. The assemblies had confiden
tial communications from his majesty's confidential
servants. We were nothing but instruments. Dp
you, after this, wonder that you have no weight and
no respect in the colonies? After this, are you sur
prised, th^t parliament is every day and every where
losing (I feel it with sorrow, I utter it with reluctance)
that reverential affection, which so endearing a name
of authority ought ever to carry with it ; that you are
' obeyed solely from respect to the bayonet; and that
this house, the ground and pillar of freedom, is itself
held up only by the treacherous under-pinning and
clumsy buttresses of arbitrary power?
nistration will entertain a wish to depart from that filan, which
affords the surest and most permanent foundation of publick
tranquillity and happiness : No, my lord, we are sure our most
gracious sovereign, under whatever changes may happen in
his confidential servants, will remain immutable in the ways of
truth and justice and that he is incaflable of deceiving his faith*
ful subjects ; and we esteem .your lordship's information pot
only as warranted, but even sanctified by the royal word."
t Lord North.

46 MR. BURKE'S SPEECH
If this dignity, which is to stand in the place of just
policy and common sense, had been consulted, there
was a time for preserving it, and for reconciling it
with any concession. If, in the session of 1768, that
session of idle terrour and empty menaces, you had,
as you were often pressed to do, repealed these taxes ;
then your strong operations would have come justi
fied and enforced, in case your concessions had been
returned by outrages. But, preposterously, you be
gan with violence ; and before terrours could have
any effect, either good or bad, your ministers imme
diately begged pardon, and promised that repeal tb
the obstinate Americans which they had refused in an
easy, good natured, complying British parliament.
The assemblies, which had been publickly and avow
edly dissolved for their contumacy, are called together
to receive your submission. Your ministerial direc
tors blustered like tragick tyrants here ; and then
went mumping with a sore leg in America, canting,
and whining, and complaining of faction, which re- '
presented them as friends to a revenue from the colo
nies. I hope nobody in this house will hereafter have
the impudence to defend American taxes in the name
ef ministry. The moment they do, with this letter of
attorney in my hand, I will tell them, in the authorized
terms, they are wretches, " with factious and sediti
ous views ; enemies to the peace and prosperity of
the mother country and the. colonies," and subverters
" ofthe mutual affection and confidence on which the *
glory and safety ofthe British empire depend."
After this letter, the question is no more on propri
ety or dignity. They are gone already. The faith
of your sovereign is pledged for the political principle.
The general declaration in the letter goes to the whole
of it. You must 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 ofthis faith is of more consequence
than the duties on red lead, or white lead, or on bro-

• N AMERICAN TAXATION. 47
ken glass, or atlas-ordinary, or demy-fine or £/«<? rove/,
or bastard, or ^0/'.? cap, which you have given up ;
or the threepence on tea which you have retained.
The letter went stampt with the publick authority of
this kingdom. The instructions for the colony go^
vernment 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 distinc
tions, held out by that very ministry which is here
shining in riches, in favour, and in power ; and urg
ing the punishment of the Very pffence*to which they
had themselves been the tempters.
Sir, if reasons respecting simply your own com
merce, which is your own convenience, were the sole
grounds of the repeal of the five duties'; why does
lord Hillsborough, in 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 " reesta
blishing the confidence and affection of the colo
nies ?" Is it a way of soothing others, to assure them
that you will take good care of yourself '? The medium,,
the only medium, for regaining their affection and
confidence, isr that you will take off something op
pressive to their minds. Sir, the letter strongly en
forces that idea : for though the repeal of the taxes is
promised on commercial principles, yet the means of
counteracting " the insinuations^ of men with factious
and seditious views," is by a disclaimer ofthe inten
tion of taxing for revenue, as a constant invariable
sentiment and rule of conduct in the government of
, America. I remember that the noble lord oh the flopr^
not in a former debate to be sure (it would be dis
orderly 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 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 princi
ples of commerce, laid on British manufactures.

48 MR. BURKE'S SPEECH
I dare say the noble lord is perfectly well r<iad,
because the duty of his particular office requires he
should be so, in all our revenue laws ; and in the
policy which is to be collected out of them. Now,
sir, when he had read this act of American revenue,
and a little recovered from his astonishment, I sup
pose he made one step retrograde (it is but one) and
looked at the act which stands just before in the sta:
tute 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 both taxing British manu
factures exported. As the 45th is an act for raising a
revenue in America, the 44th is an act for raising a
revenue in the Isle of Man. The two acts perfectly
agree in ail respects, except one. In the act for taxing
the Isle of Man, the noble lord will find (not, as in
the American act, four or five articles) but almost
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 uncommercial to tax the whole mass of
your manufactures, and, let 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 out to America, and not the taxes on the manu
factures exported to the Isle of Man ? The principle
was exactly the same, the objects charged infinitely
more extensive, the duties without comparison high
er. Why? why, notwithstanding all his childish
pretexts, because the taxes were 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 Hillsbo
rough's letter well expresses it, to regain " the con
fidence and affection of the colonies, on which the
glory and safety of the British empire depend." A

&N AMERICAN TAXATION* 4$
Wise and ja&t motive surely* if ever there was such.
But the mischief and dishonour is*, that ybu have not
done what you had given the Colonies just cause to
expect* when yOur ministers disclaimed the idea of1
taxes for a revenue* There is nothing simple* nothing
mainly, nothing ingenuous, open, decisive, or steady,
in the proceedings With regard either to the continu
ance or the repeal Of the taxes. The whole has an
air of littleness and fraud. ' The article of tea is slur
red Over in the circular letter, as it were by accident.
Nothing is said of a resolution either to keep that tax,
or to give it up. There is no fair dealing in any part
of the transaction*
If you mean to follow your true motive ahd you?
pUblick faith, give up your tax on tea for raising a
revenue, the principle 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 solid reason,
and will still adhere to your cant of commerce, you
have ten thousand times more strong commercial rea
sons for giving up this duty on tea, than for abandon
ing the five others that you have already renounced.
The American consumption of teas is annually, I
believe, worth 300,0001, at the least farthing* If you
urge the American violence as a justification of your1
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 did not find
the violence Cease upon that concession. No ! because
the concession Was far short of satisfying the principle
which lord Hillsborough had abjured ; or even the
pretence on'which the repeal of the other taxes was
announced : and because, by enabling the East India
company to open a shop for defeating the American
resolution not to pay that specifick tax, you mani
festly showed a hankering after the principle of the
act which you formerly had renounced. Whatever
road you take leads to a compliance with this motion.
It opens to yoii at the end of every visto. Your com*
VOL. I H

50 MR. BURKE'S SPEECH
merCe, 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 Americans will go further. — We do not know
that. We ought, from experience, rather to pre- '
sume the contrary. Do we 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 further progress. It is impossible to answer for
bodies of men. But I am sure the natural effect of
fidelity, clemency, kindness in governours, 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 making
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 an
swer. He next presses me by a variety of direct
challenges and oblique reflections to say something
on the historical part. I shall- therefore, sir, open
myself fully on that important and delicate subject ;
not rar Ae sake °f 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 myself, will necessarily result from it. It
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 was, from the beginning,
purely commercial ; and the commercial system was
wholly restrictive. It was the system of a monopoly.
No trade was let loose from that constraint, but mere
ly to enable the colonists, to dispose of what, in the
course of your trade, you could not take; or to
enable them to dispose of such articles as we forced

ON AMERICAN TAXATION. 51
upon them, and for which, without some degree of
liberty, they could not pay. Hence all your speci
fick and detailed enumerations : hence the innumera
ble checks and counterchecks: hence that infinite
variety of paper chains by which you bind together
this complicated system of the colonies. This prin
ciple of commercial monopoly runs through no less
than twenty<nine acts of parliament, from the year
1660 to the unfortunate period of 1764.
In all those acts the system of commerce is esta
blished, as that from- whence alone you proposed
to make the colonies contribute (I mean directly
and by the operation of your superintending legisla
tive power) to the strength of the empire. , I venture
to say, that during that whole period, a parliamentary
revenue from thence was never once in contemplation.
Accordingly, in all the number of laws passed with
regard to the plantations, the words which distinguish
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 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 Charles the
second, 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
the second. However, the title of this act of George
the second, notwithstanding the words of donation,
considers it merely as a regulation df trade, " an act
for the better securing of the trade of his rnajesty's
sugar colonies in America." This act was made on ,
a compromise of all, and at the express desire of a

§3 MR. BURKE'S SPEECH
part, of the colonies themselves."" It was therefore
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 governour
Bernard, in his second printed letter, dated in 1763,
gives it as his opinion, that " it was an act of prohi
bition, not of revenue." This is certainly true, that
no act ayowedly for the purpose of revenue, and with
the ordinary title and recital taken together, is found
in the statute book until the year I have mentioned;
that is, the year 1764. All before this period stood
on commercial regulation and restraint. The scheme
©f a colony revenue by British authority appeared
therefore to the Americans in the light of a great in
novation; the words of governour Bernard's ninth
letter, written in November 1765, state this idea very
gtrongly ; " it must," says he, " have been supposed,
such an innovation as a parliamentary 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 to introduce so great a novelty as
a parliamentary inland taxation in America?'' What
ever the right might have heen, this mode of using
it was absolutely new in policy and practice.
Sir, they who are friends to the schemes of Ameri
can revenue say, that the commercial restraint is full
as hard a law for America to live under. I think so
too. I think it? if uncompensated, to be a condition
of as rigorous servitude as men can be subject to.
But America bore it from the fundamental act of na
vigation until 1764.— Why ? Because men dp bear
the inevitable constitution of their original nature with
all its infirmities. The act of navigation attended 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

ON AMERICAN TAXATION. 53
when tfmy were not subject to such restraint, Be
sides, they were indemnified for it by a pecuniary
compensation. Their monopolist happened to be
one of the richest men in the world. By his im
mense capital, (primarily employed, not for their" be*
nefit, but bis own) they were enabled to proceed with
their fisheries, their agriculture, their ship building,
and their trade too, within the limits, in such a man
ner as got far "the start ofthe slow, languid operations
of unassisted nature. This capital was a hot bed to
them. Nothing in the history of mankind is like
their progress. For my part, I never cast an eye on
their flourishing commerce, and their cultivated and
commodious life, but they seem tp 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 colo
nies of yesterday ; than a set of miserable out casts, a
few years ago, not so much sent as thrown out, on
the bleak and barren shore ofa 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 commerce, but you actually created the very
objects of trade in America ; and by that creation you
raised the trade of this kingdom at least four fold-
America had the compensation of your capital, which
made her bear her servitude. She had another com
pensation, which you are now going to take away
from her. She had, except the commercial restraint,
every characteristick mark ofa 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 representatives. She chose most of her
own magistrates. She paid them all. She had in
effect the sole disposal of her own internal government.
This whole state of commercial servitude and civil
liberty, taken together, is certainly not perfect free
dom ; but comparing it with the ordinary circum
stances of human nature, it was a happy and a liberal
condition.

54 MR.
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 through, I affirm, that its autho
rity never was disputed ; that it was no where dispu
ted for any length of time ; and on the whole, that it
was well observed. Wherever the act pressed hard,
many individuals indeed evaded it. This is nothing.
These scattered individuals' never denied the law, 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 brandy, are
not disputed in England. You do not make this
charge on any man. But you know that there is not
a creek from rentland Firth 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 governour Bernard in
this point is indisputable. Speaking of these laws,
as they regarded that part of America now in so un
happy a condition, he says, " I believe 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 country ? An obedience
to these laws formed the acknowledgment, instituted
by yourselves, for your superiority ;? 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 mono
poly, rather than on that of revenue, is at this day a
problem of mere speculation. You cannot have both
by the same authority. To join together the restraints
of a universal internal and external monopoly, with
a universal internal and external taxation is an unna
tural union, perfect uncompensated slavery. You

ON AMERICAN TAXATION. 55
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 cjose
of the last war. Then a scheme of government new
in many things seemed to have been adopted. I saw,
or thought I saw, several symptoms ofa great change,
whilst I sat in your gallery, a good while before I had
the honour ofa seat in this house. At that period the
necessity was established of keeping up no less than
twenty new regiments, with twenty colonels ca
pable 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
world was much lessened, or indeed rather quite
over. When this huge increase of military establish
ment was resolved on, a revenue was to be found to
support so great a burthen. "Country gentlemen, the
great patrons of economy, and the great resisters ofa
standing armed force; would not have entered with
much alacrity into the vote for so large and so expen
sive 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 particular, I well re
member, that Mr. Townsend, in a brilliant 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 af
terwards, when it was devolved upon a person to
w4iom, on other accounts, this country owes very
great obligations. I do believe, that he had a very
serious desire to benefit the publick. But with no
small study of the detail, he did not seem to have
his view, at least equally, earried to the total 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

56 MR. BUftKE's SPfiEdH
altogether ; whether it was entirely the result of his
oWn speculation ; or, what is more probable, thai
his own ideas rather coincided with the instructions
he had received ; certain it is, that, with the best in
tentions in the world, he first brought this fatal scheme
into form, and established it by act of parliament.
No man can believe, that at this time of day I mean
to lean oh the venerable memory of a great man*
Whose loss we deplore in common. Our little party
differences have been long ago composed; and 1
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 irf
this country. With a masculine understanding, and
a stout and resolute heart, he had an application un-
dissipated and unwearied. He took publiGk 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 ambitious, I will say this for him, his
ambition was of a noble and generous strain. It was
to raise himself, not by the loW, pimping, politicks Of
a court, but to win his Way to power, through the
laborious gradations of publick service ; and to secure
himself a well earned rank in parliament, by a tho*
rough knowledge Of its Constitution, artd a perfect
practice in all its business.
Sir, if such a man fell into errOurs, it must be from
defects not intrinsical; they must be rather sought
in the particular habits of his life; which, though
they do not alter the groundwork of character, yet
tinge it with their own hue. He was bred in a pro
fession. 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 together ; but it is not apt, except in persons very
\ happily born, to open and to liberalize the mind ex-
; actly in the same proportion. Passing from that stu
dy he did not go very largely into the world ; but

ON AMERICAN TAXATION. Sf
plunged Jnto business,; 1 mean into the business o(
office ; and the limited and fixed-methods arid forms '
established there. Much knowledge is to be had
undoubtedly in that line; and there is no knowledge
which is not valuable. But it may be truly said, that
men too much eonversarit in Office, are rarely minds
of remarkable enlargement. Their habits of office
are apt to 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 occasions ; and therefore persons
who are nurtured in office do adrriirably well, as long
as things go on in their common order; but when the
high roads are broken up, and the waters out* when
a new and troubled scene is opened, and the file af"
fords no precedent, then it is that a greater knowlege
of mankind, and a far more extensive comprehension
of things is requisite than ever office gave, or than
office can ever giver Mr. Grenville thought better
of the wisdom and power of human legislation than
in truth it deserves. He conceived, and many con
ceived along with him, that the flourishing trade of
this country Was greatly owing to law and institution,
and not quite so much to liberty ; for but too many
are apt to believe regulation to be commerce,, and
taxes to be revenue. Among regulations, that which
stood first in reputation was his idol. I mean trie act
of navigation. He has often professed it to be so.
The policy of that act is, I readily admit, in many re
spects well understood. But I do say, that if the act
be suffered to run the full length of its principle, and
is hot changed and modified according to the change
of times and the fluctuation of circumstances, it must
do great mischief, and frequently even defeat itjs own
purpose.
(^ After the war, and in the last years of it, the trade
of America had increased far beyond the specula
tions of the most sanguine imaginations. It swelled >
out on every side. It filled all its proper channels
to the brim. It overflowed with a rich redundance,
and breaking its banks on the right and on the left, it
VOL. I I

58 MR. BURKE'S SPEECH
spread out upon some places, where it was indeed
improper, upon others where it was only irregular.
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, which are
closely connected with the cause of our prosperity.
Perhaps this great person turned his eye somewhat
less than was just, towards the incredible increase of
the fair trade ; and looked with something of too
exquisite a jealousy towards the contraband. He
certainly felt a singular degree of anxiety on the
subject; and even began to act from that passion,
earlier than is commonly imagined. For whilst he
was first lord of the admiralty, though not strictly
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 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 happened
afterwards when it operated with greater power in the
highest department of the finances. The bonds of
the act of navigation were straitened so much, that
America was on the point of having no trade, either
contraband or legitimate. They found, under the
construction and execution then used, the act no
longer tying but actually strangling them. All this
coming with new enumerations of commodities ; with
regulations which in a manner put a stop to the mu
tual coasting intercourse of the colonies; with the
appointment of courts of admiralty under various
improper circumstances ; with a sudden extinction -
of the paper currencies ; with a compulsory provision
for the quartering of soldiers ; the people of America
thought themselves proceeded 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

ON AMERICAN TAXATION. 59
these innumerable regulations, perhaps, would not
have alarmed alone ; some might be thought reason
able ; the multitude struck them with terrour.
But the grand manoeuvre in that business of new re
gulating the colonies j was the 15th apt ofthe fourth of
George III, which, besides containing several ofthe
matters to which I have just alluded, opened a new
principle : and here properly began the second period
of the policy of this country with regard to the colo
nies, by which the scheme of a regular plantation
parliamentary revenue was adopted in theory, and
settled in practice. A revenue not substituted in
the place of, but superadded to a monopoly ; which
monopoly was enforced at the same time with addi
tional strictness, and the execution put into military
hands. This act, sir, had for the first time the title of
" granting duties in the colonies and plantations of
America;" and for the first time it was asserted in
the preamble, " that it was just and necessary that
a revenue should be raised there." Then came
the technical words Of " giving 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 co
lonies, without any formal consent of theirs. There
are contained also in the preamble to that act these
very remarkable Words- — the commons, &c. — " be
ing desirous to make some provision in the present
session of parliament towards raising the said reve
nue." By these words it appeared to the colonies,
that this act was but a beginning of sorrows ; that
every session was to produce 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
provincial assemblies, in which the Americans felt all
their portion of importance, and beheld their sole
image of freedom, were ipso facto annihilated. This
ill prospect before them seemed to be boundless in

60 MR. BURKE'S SPEECH
extent, andendles in duration. Sir, they were not
mistaken. The ministry valued themselves when
this act passed, and when they gave notice of the
stamp act, that both of the duties came very short of
their ideas of American taxation. Great was1 the
applause ofthis 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 them.
Sir, it has been said in the debate, that when the
first American revenue act (the act in 1764, im
posing* 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 direct attack.
They were, it is true, as yet novices ; as yet unac
customed to direct attacks upon any of the rights of
parliament. The duties were port duties, like those
they had been accustomed to bear; with this differ
ence, that the title was not the same, the preamble
not the same, and the spirit altogether unlike. But
of what service is this observation to the cause of
those that make it? It is a full refutation of the pre
tence 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. .
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 assemblies to tax themselves, which they had
refused. I find that much stress is laid on this, as
a fact. However, it happens neither to be true nor
possible. I will observe first* that Mr. Grenville ne
ver 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 agree in some mode of
taxation as the ground of an act of parliament.
Put he never could have proposed that they should

ON AMERICAN TAXATION. 61
tax themselves on requisition, which is the assertion
of the day. Indeed, Mr. Grenville well knew, that
^he colony agents could have no general powers to
consent to it ; and they had no time to consult their
assemblies for particular powers, before he passed
his first revenue act. If you compare 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 governour was of Opinion that the Ameri
cans were not then taxable objects : 
" Nor was the time less favourable to the equity
of such a taxation. I don't mean to, dispute the
reasonableness of America 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 be consi
dered, that the American governments 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 burthen-
some taxes for that purpose only. For instance, this
government, which is as much before-hand as any,
raises every year 37,5001. sterling for sinking their
debt, and must continue it for four years longer at
least before it will be clear."
These are the words of governour Bernard's let
ter to a member of the old ministry,' and which he
has since printed. 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 a 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. 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 consi
derable and most respectable merchant, a member
of this house, whom I am truly sorry I do not now see

62 MR. BURKE'S SPEECH
in his place, when he represented against this pro
ceeding, that if the stamp duty was disliked* he was
willing to exchange it for any other equally produc
tive 5 but that, if he objected to the Americans being
taxed by parliament, he might save himself the
trouble of the discussion, as he was determined on
the measure. This is the fact, and, if you please,
I will mention a very unquestionable authority for it.
Thus, sir, I have disposed ofthis falsehood. But
falsehood has a perennial spring. It is said, that no
conjecture could be made ofthe dislike ofthe colonies
to the principle. This is as untrue as the other. After
the resolution of the house, and before the passing of
the stafnp act, the colonies of Massachusetts Bay and
New York did send remonstrances, objecting to this
mode of parliamentary taxation. What was the con
sequence? 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 of the objections which were
made to it. But to give that house its due, it was not
over desirous to receive information, or to hear re
monstrance. On the 15th of February 1765, whilst
the stamp act was under deliberation, they refused
with scorn even so much as to receive four petitions *
presented from so respectable colonies as Connecti
cut, 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 itself, even to hear
them remonstrate upon the subject.
This was the state of the colonies before his ma
jesty thought fit to change his ministers. It stands
upon no authority of mine. It is proved by incon
trovertible 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 well as

ON AMERICAN TAXATION. 63
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 any line of business, and not having the
honour of a seat in this house, it was my fortune, un
knowing and unknown to the then ministry, by the
intervention of a common friend, to become connect
ed with a very noble person, and at the head of the
treasury department. It was indeed in a situation of
little rank and no consequence, suitable to the me^
diocrity 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 per
son such sound principles, such an enlargement of
mind, such clear and sagacious sense, and such un
shaken 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 represen
tation from many weighty English merchants and
manufacturers, from governours of provinces and
commanders of men of war, against almost the whole
of the American commercial regulations ; and parti
cularly with regard to the total ruin which was threat
ened to the Spanish trade. I believe, sir, the noble
lord soon saw his Way in this business, Brit he did
not rashly determine against acts which it might be
supposed were the result of much deliberation. How
ever, sir, he scarcely began to open the ground,
when the whole veteran body of office took the alarm.
A violent outcry of all (except chose who knew and
felt the mischief) was raised ' against any alteration.
On one hand, his attempt was a direct violation of
treaties and publick law. On the other, the act Of
navigation and all the corps of trade laws were drawh
up in array against it.
The first step the noble lord took, was to have the
opinion of his excellent, learned, and ever lamented
friend the late Mr. Yorke, then attorney general, on

64 MR. BURKE'S SPEECH
the point of law. When he knew that formally and
officially, which in substance he had known before,
he immediatelv despatched orders to redress the griev
ance. But I will say it for the 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 indem
nity. 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 qf the then opposition,
instead of feeling humbled by the unhappy 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 opposite ground, and now chal
lenges me to put my hand to my heart, and say, whe
ther the ministry had resolved on the repeal till a
considerable time after the meeting - of parliament.
Though I do not very well know what the honourable
gentleman wishes to infer from the admission or
from the denial of this fact, on which he so earnestly
adjures me, I do put my hand on my heart, and as
sure him, that they did 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 little before the meeting of parlia
ment; 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.]

ON AMERICAN TAXATION. 65
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 acknowledgement, such
as a stamp on cards or dice. The other question was,
on what principle the act should be 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 princi
ples of commerce on which the colonies were found
ed;; and contrary to every idea of political equity;
by which equity we are bound, as much as possible
to extend the spirit and benefit of the British consti
tution to every part of the British dominions. The
option, both of the measure, and of the principle of
repeal, was made before the session ; and 1 wonder
how any one can read the king's speech at the open
ing 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. Surely the honourable gentleman will not think
that a great deal less time than was then employed,
ou^ht to have been spent in deliberation ; when he
considers that the news of the troubles did not ar
rive till towards the. end of October. The parliament
sat to fill the vacancies on the 14th day of Decem
ber, and on business the 14th of the following Ja-,
nuary. Sir, a partial repeal, or, as the bon ton of the court
then was, a modification, would have satisfied a timid,
unsystematick, procrastinating ministry, as such a
measure has since done such a ministry. A modifi
cation is the constant resource of weak undeciding
minds. To repeal by a denial of our right to tax in
the preamble (and this too did not want advisers)
would have cut, tn the Keroick style, the gordian
knot with a sword. Either measure would have cost
no more than a day's debate. But when the total
vot. I. K t

66 MR. BURKE'S speech
repeal 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 evi
dence commensurate to these extensive views. But
then this labour did knights service. It opened the
eyes of several to the true state of the American af
fairs ; 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 the admi
nistration, my honourable friend * under me, and a
right honourable gentleman t (if he will not reject his
share, and it was a large one, ofthis business} exerted
the most laudable industry in bringing before you the
fullest, most impartial, and least garbled body of evi
dence that ever was produced to this house. I think
the inquiry lasted in the committee for six weeks;
and at its conclusion this house, by an independent,
noble, spirited, and unexpected majority; by a ma
jority that will redeem all the acts ever done by majo
rities in parliament, in the teeth of all the old merce
nary Swiss of state, in despite of all the speculators
and augurs of political events, in defiance ofthe whole
embattled legion of veteran pensioners and practised
instruments of a court, gave a total repeal to 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 to timidity. If, sir, the conduct of
ministry, in proposing the repeal, had arisen from
timidity with regard to themselves, it would have
been greatly to be condemned. Interested timidity
disgraces as much in the cabinet, as personal timidity
does in the field. But timidity, with regard to the
well being of our country, is heroick virtue. The
noble lord who then conducted affairs, and his worthy
colleagues, whilst they trembled *at the prospect of
» Mr. Dowdeswell. f General (ionway.
*

ON AMERICAN TAXATION. 67
such distresses as you have since brought upon your
selves, were not afraid steadily to look in the face that
glaring and dazzling influence at Which 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
withstood it, unaided by, even one of the usual sup
porters of administration. He did this when here-
pealed the stamp act. He looked in the face a person
he had long respected and regarded, and whose aid
was then particularly wanting. I mean Lord .Chat
ham. He did this when he passed the declaratory
act. It is now given out, for the usual purposes, by the
usual emissaries, that lord Rockingham did not con
sent to the repeal ofthis act until he was bullied into
it by lord Chatham ; and the reporters have gone so
far as publickly to assert, in a hundred companies,
that the honourable gentleman under the gallery,*
who proposed the repeal in the American committee,
had another set of resolutions in his pocket directly
the reverse of those he moved. These artifices of a
desperate cause are, at this time, spread abroad with
incredible care, in every part of the town, from the
highest to the lowest companies ; as if the industry of
the circulation were to make amends for the absurdity
ofthe report.
Sir, whether the noble lord is of a complexion to be
bullied by lord Chatham, or by any man, I must sub
mit 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 which, perhaps, any man
ever stood. In tlie house pf peers there were very
few ofthe ministry, out ofthe noble lord's own parti
cular 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 warped his politicks. There were in both hou
ses new and menacing appearances, that might very
* General Conway.

68 MR. BURKE'S SPEECH
naturally drive any Pther, than a most resolute minis
ter, from his measure or from his station. The house
hold troops openly revolted. The allies of ministry
(those I mean who supported some of their measures,
but refused responsibility for any) endeavoured to un
dermine their credit, and to take ground that must be
fatal to the success of the very cause which tipey would
be thought to countenance. The question ofthe re
peal was brought on by ministry in the committee of
this house, in the very instant when it was knovvn that
more than one court negotiation was carrying on with
the heads ofthe opposition. Every thing, upon every
side, was full of traps and mines. Earth below shook ;
heaven above menaced ; all the elements of ministe
rial safety were dissolved. It was in the midst of this
chaos of plots and counter plots ; it was in the midst
ofthis complicated warfare against publick opposition
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
determined, in principle, in measure, and in conduct.
He practised no managements. He secured no re
treat. He sought no apology.
I will likewise do justice, I ought to doit, to the
honourable 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 he gave us, down even,
to myself, the weakest in that phalanx. I declare for
one, I knew well enough (it could not be concealed
from any body) 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 powerful
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. * General Conwav.

ON AMERICAN TAXATION. 69
/I remember, sir, with a melancholy pleasure, the
situation ofthe 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 expecta
tion, waited, almost to a winter's return of light,
their fate from your resolutions. When, at length,
you had determined in their favour, and your doors,
thrown open, showed them the figure of their deli
verer iii 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 children on a long absent
father. They clung upon 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
crest. 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 exchanged' it for
all that kings in their profusion could bestow. I
did hope, that that day's danger and honour would
have been a bond to hold us all together for ever.
But, alas ! that, with other pleasing visions, is long
since vanished.
Sir, this act of supreme magnanimity has been
represented, as if it had been a measure of an ad
ministration, that, having no scheme of their own,
took a middle line, pilfered a bit from one side and a
bit from the other. Sir, they took no middle lines.
They differed fundamentally from the schemes of both
parties ; but they preserved the objects of both.
They preservedthe authority of Great Britain. They
preserved the equity-'^? Great Britain. They rnade
the declaratory acti They repealed the stamp act.
They did both fully ; because the declaratory act
* General Conway.

70 MR. BURKE'S SPEECH
was without qualification ; and the repeal of the stamp
act total. This they did in the situation I have de
scribed. Now, sir, what will the adversary say to both
these acts? If the principle of the declaratory act
was hot good, the principle we are contending for
this day is monstrous. If the principle ofthe repeal -
was not good, why are we not at war for a real sub
stantial effective revenue ? If both were bad, why
has this ministry incurred all the ihconveniencies of
both and of all schemes ? Why have they enacted,
repealed, enforced, yielded, and now attempt to en
force 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 question under your considera
tion. We, who would persuade you to revert
to the ancient policy of this kingdom, labour under
the effect ofthis 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 frantick war you are going to wage "upon.
your colonies. Their cant is this : "All the dis
turbances in America have been created by the repeal
of the stamp act." I suppress for a moment my in
dignation at the falsehood, baseness, and absurdity
of this most audacious assertion. Instead of remark
ing on the motives and character of those who have
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 ofthe schemes
of American taxation.
It is said, that the disturbances, if there were any
before the repeal, were slight ; and without difficulty
or inconvenience might have been suppressed. For
an answer to this assertion I will sendyou to the great
author and patron of the stawp act, who certainly
meaning well to the authority of this country, and
fully apprized of the state of tha\, made, before a
repeal was so much as agitated in this house, the mo
tion which is on your journals ; and which, to save

ON AMERICAN TAXATION. 71
the clerk the trouble of turning to it, I will now read
to you. It was for an amendment to the address pf
the 17th of December, 1765 : •
" To express our just resentment and indignation
at the outrageous tumults and insurrections which
have been excited and carried on in North America ;
and at the resistance given by open and rebellious
force to the execution of the laws in that part of his
majesty's dominions. And to assure his majesty,
that his faithful commons, animated with the warmest
duty and attachment to his royal person and govern
ment, will firmly and effectually support his majesty
in all such measures as shall be necessary for pre
serving and supporting the legal dependance of the
colonies on the mother country." &c. &c.
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 suppor
ted his motion, have ever since thought proper to dis
tinguish the subsequent disturbances in America.
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 ofa war with
the most powerful and declared enemies. When the
accounts ofthe American governours came before the
house, they appeared stronger even than the warmth
of publick 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 iriinister's motives for the repeal
of five out of six of the new court taxes, and are now
his pretences for refusing to repeal that sixth, did not
amount — why do I compare them ? no, not to a tenth
part ofthe tumults and violence which prevailed long
before the repeal of that act.
Ministry cannot refuse the authority ofthe com
mander in chief, general Gage, who in his letter of the
4th of November, from New York, thus represents
the state of things :

72 MR. BURKE'S speech
" It is difficult to say, from the highest to the low
est, who has not been accessory to this insurrection,
either by writing or mutual agreements to oppose the
act, by what they are pleased to term all legal opposi
tion to it. Nothing effectually has been proposed,
either to prevent or quell the tumult. The rest of
the provinces are in the same situation as to a posi
tive 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, from its own 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 resolu
tions of assemblies ; the universal insurrections ; the
seizing and burning the stamped papers ; the forcing
stamp officers to resign their commissions under the
gallows ; the rifling and pulling down ofthe houses of
magistrates ; and the expulsion from their country of
all who dared to write or speak a single word in de
fence ofthe powers of parliament ; these very trum
peters are now the men that represent the whole as a
mere trifle ; and choose to date all the disturbances
from the repeal ofthe stamp act, which put an end to
them. Hear your officers abroad, and let them refute
this shameless falsehood, who, in all their correspon
dence, state the disturbances as owing to their true
causes, the discontent of the people, from the taxes.
You have this evidence in your own archives — and
it will give you complete satisfaction ; if you are not
so far lost to all parliamentary ideas of information,
as rather to credit the lie of the day, than the 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 attribute a precedent dis
turbance to a subsequent measure, they take other
ground, almost as absurd, but very common in mo
dern practice, and very wicked ; which is, to attri-

ON AMERICAN TAXATION. 73
bute the ill effect of ill judged conduct to the argu
ments which hacl been used to dissuade us from it.
They say, that the 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 doctor Tucker. This doctor Tucker
is already a dean, and his earnest labours in this vine
yard will, I suppose, raise him to a bishoprick. But
this assertion too, just like 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 the least hint of
such a cause of disturbance has ever appeared. As
to the fact ofa strenuous opposition to the stamp act,
I sat as a stranger in your gallery when the act was
under consideration. Far from any thing inflamma
tory, I never heard a more languid debate in this
house. No more than two or three gentlemen, as I
remember, spoke, against the act, and that with great
reserve and remarkable temper. 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-
little noise, that in town they scarcely knew the na
ture 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 their usual industry, circulated another lie of
the same nature of the former. It is this, that the
disturbances arose from the account which had been
received in America1 of the change in the ministry.
No longer awed, it seems, with the spjritof the former
rulers, they thought themselves a match for what our
calumniators choose to qualify by the name of so
feeble a ministry as succeeded. Feeble in one sense
vox. i. i,

74 MR. BURKE'S SPEECH ^
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 which you are rushing to your ruin.
But it does so happen, that the falsity of this circu
lation is, like the rest, demonstrated by indisputable
dates and records.
So little was the change known in America, that
the letters of your governours, giving an account of
these disturbances long after they had arrived at their
highest pitch, were all directed to the old ministry,
and particularly to the earl of Halifax, the secretary
of state corresponding with the colonies, without once
in the smallest degree intimating the slightest suspi
cion of any ministerial revolution whatsoever. The
ministry was not changed in England until the 10th
day of July 1765. On the 14th of the preceding
June, governour 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 obedience to the laws ofthe country.
The private distress which every man feels, increases
the general dissatisfaction at the duties laid by the stamp
act, which breaks out, and shows itself upon every tri
fling occasion." The general dissatisfaction had produ
ced some time before, that is, on the 29th of May, seve
ral strong publick resolves against the stamp act ; and
those resolves are assigned by governour Bernard, as
the cause of the insurrections in Massachusett's Bay,
in his letter of the 15th of August, still addressed
to the earl of Halifax ; and he continued to address
such accounts to that minister quite to the 7th of Sep
tember of the same year. Similar accounts, and of
as late a date, were sent from other governours, and
all directed to lord Halifax. Not one of these letters
indicates the slightest videa ofa change, either known,
or even apprehended.
Thus are blown away the insect race of courtly
falsehoods ! thus perish the miserable inventions of
the wretched runners for a wretched cause, which
they have flyblown into every weak and rotten part of

ON AMERICAN TAXATION. 75
the country, in vain hopes, that when their maggots
had taken wing, their importunate buzzing might
sound something like the publick voice !
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 home to the point. Here I
meet him directly ; and answer most readily : They
were quiet* And I, in my turn, challenge 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 conse
quence of your concession ? or that even your other
revenue laws were attacked ? But I quit the vantage
grourid on which I stand, and where 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 unequivo
cal marks of acknowledgment and gratitude. And
to give him every advantage, I select the obnoxious
colony of Massachusetts Bay, which at this time (but
without hearing her) is so heavily a culprit before
parliament. I will select their proceedings even un
der circumstances of no small irritation. For, a little
imprudently, I must say, governour Bernard mixed
in the administration of the lenitive of the repeal no
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 in our power," say they in their ad
dress to governour Bernard, " in so full a manner as
will be expected, to show our respectful gratitude to
the mother country, or to make a dutiful and affec
tionate return to the indulgence of the king and par
liament, it shall be no fault of ours ; for this we intend,
and hope we shall be able fully to effect."
Would to God that this temper had been Cultivated,
managed, and set in action! Other effects than those

76 mr. hurke's speech
which we have since felt would haye resulted from it.
On the requisition for compensation to those who had
suffered from the violence of the populace, in the
same address they say: " The recommendation en
joined by Mr- Secretary Conway's letter, and in con
sequence thereof made to us, we will embrace the first
convenient opportunity to consider and act upon."
f hey did consider ; they did act upon it. They
obeyed the requisition. I know the mode has been
chicaned upon ; but it 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 compensa
ted by legislative gravity. Almost every other part
of America in various ways demonstrated their grati
tude. I am bold to say, that so sudden a calm reco
vered 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 sacrifice of one
law, you procured an acquiescence in all that re
mained. After' this experience, nobody shall per
suade me, when a whole people are concerned, that
acts of lenity are not means of conciliation.
I hope the honourable gentleman has received a
fafr and 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, and other actors appeared
on the stage. The state, in the condition I have des
cribed it, was delivered into the hands of lord Chat-
ham-n-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,
Clarum et venerabile nomen
Gentibus, et multum nostra quod proderat urhi.
Sir, the venerable age ofthis great man, his merited
rank, his superiour eloquence, his splendid qualities,

ON AMERICAN TAXATION. 77
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 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 hirii with their
malevolence. But what I do not presume to censure,
I may have leave to lament. For a wise man, he
seemed to me at that time, to be governed too much
b\ 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
greatly mischievous to himself; and for that reason,
among others perhaps, fatal to his country ; measures,
the effects of which I am afraid, are for ever incura
ble. He made an administration, so checkered and
speckled ; he put together a piece of joinery, so
crossly indented and whimsically dovetailed ; a cabi
net so variously inlaid ; such a piece of diversified
mosaick ; such a tesselated pavement without ce
ment ; here a bit of black stone, and there a bit of
white; patriots and courtiers, king's friends and re
publicans, whigs and tories,- treacherous friends and
open enemies ; that it was indeed a very curious show,
hut utterly unsafe to touch, and unsure to stand on.
The colleagues 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 to say, it did so happen, that persons had a
single office 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.*
* 'Supposed to allude to the right honourable lord North,
and George Cooke, Esq. who were made joint paymasters in
the summer of 1766, on the removal of the Rockingham ad
ministration;

78 MR. burke's speech
Sir, in consequence of this arrangement, having
put so much the larger part of his enemies and oppO-
sers into power, the confusion was such, that his own
principles could not possibly have any effect or influ
ence in the conduct of affairs. If ever he fell into a
fit ofthe gout, or if any other cause withdrew him
from publick cares, principles directly the contrary
were sure to predominate. When he had executed
his plan, he had not an inch of ground to stand upon.
When he had accomplished his scheme of admini
stration, he was no longer a minister.
When his face was hid but for a moment, his whole
system was on a wide sea, without chart or compass.
The gentlemen, his particular friends, who, With the
names of various departments of ministry, were ad
mitted, to seem, as if they acted a part under him,
with a modesty that becomes all men, and with a
confidence in him, which was justified even in its ex
travagance by his superiour abilities, had never, in
anj' instance, presumed upon any opinion of their
own. Deprived of his guiding influence, they were
whirled about, the sport of every gust, and easily dri
ven into any port ; and as those who joined with them
in manning the vessel were the most directly oppo
site to his opinions, measures, and character, and far
the most artful and most powerful of the set, they ea
sily prevailed, so as to seize upon the vacant, unoccu
pied, and derelict minds of his friends ; and instantly
they turned the vessel wholly out ofthe course of his
policy. As if it were to insult as well as to betray
him, even long before the close of the first session of
his administration, when every thing was publickly
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 while
the western horizon was in a blaze with his descend
ing glory, on the opposite quarter ofthe heavens arose
another luminary, and, for his hour, became lord of
the ascendant.

ON AMERICAN TAXATION. 79
This light too is passed and set for ever. You un
derstand, to be sure* that I speak of Charles Town
shend, officially the reproducer of this fatal scheme ;
whom I cannot even now remember without some
degree of sensibility. In truth, sir, he was the de
light ahd ornament of this house, and the charm of
every private society which he honoured with his
presence. Perhaps there never arose in this country,
nor in any country, a man of a more pointed and
finished wit ; and (where his passions were not con
cerned) of a more refined, exquisite, and penetra
ting judgment. If he had not so great a stock, as
some have had who flourished formerly, of know
ledge long treasured up, he knew better by far, than
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
the question he supported. He stated his matter
skilfully and powerfully. He particularly excelled
in a most luminous explanation, and display of his
subject. His style of argument was 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 opinions, and present temper
Of his hearers required ; ¦ to whom he was always in
perfect unison. He conformed exactly to the temper
of the house; and he seemed to guide, because he
was always sure to follow it.
I beg pardon, sir, if when I speak of this and of
other great men, I appear to digress in saying some
thing 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 landmarks in the state. The credit
of such men at court, or in the nation, is the sole
cause of all the publick measures. It would be an
invidious thing (most foreign I trust to what you
think my disposition) to remark the errours into which
the authority of great names has brought the nation,

90 MR. BURKE'S SPEECH
without doing justice at the same time to the great
qualities, whence that authority arose. The subject
is instructive to those who wish to form themselves
on whatever of excellence has gone before them.
There are many young members in the house (such
of late has been the rapid succession of publick men)
who never saw that prodigy Charles Townshend ; nor
of course know what a ferment he was able to excite
in every thing by the violent ebullition of his mixed
virtues and failings. For failings he had undoubted
ly. Many of us remember them. Weare this day
considering the effect of them. But he had no fail
ings which were not owing to a noble cause ; to an
ardent, generous, perhaps an immoderate passion for
fame ; a passion which is the instinct of all great souls.
He worshipped that goddess wheresoever she appear
ed ; but he paid his particular devotions to her in her
favourite habitation, in her chosen temple, the house
of commons. Besides the characters of the indivi
duals that compose our body, it is impossible, Mr.
Speaker, not to observe, that this house has a collec
tive character of its own. That character too, how
ever imperfect, is not unamiable. Like all great
publick 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 cer
tainly a great vice ; and in the changeful state pf po
litical affairs it is frequently the cause of great mis
chief. It happens, however, very unfortunately,
that almost the whole line of the great and masculine
virtues, constancy, gravity, magnanimity, fortitude,
fidelity, and firmness, are closely allied to this dis
agreeable 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 puncti
lious attention to all your feelings, certainly took
care not to shock them by that vice which is the most
disgustful to you.
That fear of displeasing those who ought most to
be pleased, betrayed him sometimes into the other

ON AMERICAN TAXATION. 81
extreme. He had voted, and in the year 1765, had
been an advocate for the stamp act. Things and the
disposition of men's minds were changed. In short,
the stamp act began to be no favourite in this house.
He therefore attended at the private meeting, in which
the resolutions moved by a right honourable gentle
man 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
given out a political) but to my knowledge, a very
real illness, 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 conform to the temper which
began to prevail, and to prevail 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 made
at the cost of persons for whom they had no particu
lar regard. The whole body of courtiers drove him
onward. They always talked as if the king stood in
a sort of humiliated state, until something of the
"xind should be done.
Here this extraordinary man, then chancellor ofthe
exchequer, found himself in great straits. To please
universally was the object of his life ; but to tax and
to please, no more than to love and to be wise, is not
given to men. However, he attempted it. To ren
der the tax palatable to the partisans of American re
venue, he made a preamble stating the necessity of
such a revenue. To close with the American dis
tinction, 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 Bri
tain, the duty was trivial, and, except that on tea,
which touched only the devoted East India company
on none of the grand objects of commerce. To coun
terwork the American contraband, the duty on tea
vol. i. - m ,

82 MR. BURKE'S SPEECH
was reduced from a shilling to three pence. But to
secure the, favour of those who would tax America,
the scene of collection was changed, and, with the
rest, it was levied in the colonies. What need I say
more ? This fine spun scheme had the usual fate of
all exquisite policy. But the original plan of the
duties, and the mode of executing that plan, both
arose singly and solely from a love of our applause.
He was truly the child of the house. He never thought,
did, or said any thing but with a view to you. He
every day adapted himself to your disposition ; and
adjusted himself before it as at a looking glass.
He had observed (indeed it could not escape him)
that several persons, infinitely his inferiours in all re
spects, had formerly rendered themselves considera
ble in this house by 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 adherence to parties,
to opinions, or to principles, from any order or
system in their politicks, or from any sequel or
connexion in their ideas, what part they were going
to take in any debate. It is astonishing how much
this uncertainty, especially at critical times, called
the attention of all parties on such men. All eym
were fixed on them, all ears open to hear them.
Each party gaped, and looked alternately for their
vote, almost to the end of their speeches. While
the house hung in this uncertainty, now the hear-hims
rose from this side — now they rebellowed from the
other ; and that party to whom they fell at length
from their tremulous ahd dancing balance, always
received them in a tempest of applause. The for
tune 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 canditate for contradictory ho
nours ; and his great aim was to make those agree

ON AMERICAN TAXATION. 83
in admiration of him who never agreed in any thing
else. Hence arose this unfortunate act, the subject of
this day's debate ; from a disposition which, after
making an American revenue to please one, repealed
it to please others, and again revived it in hopes of
pleasing a third, and of catching something in the
ideas of all.
This revenue act of 1767, formed the fourth pe
riod of American policy. How we have fared since
then ; what woful variety of schemes have been adopt
ed ; what enforcing, and what repealing ; what bully
ing, 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,
and on meeting that resistance, recalled f what shift-
ings, and changes, and jumblings of all kinds of men
at home, which left no possibility of order, consis
tency, vigour, or even so much as a decent unity of
colour in any one publick measure. — It is a tedious,
irksome task. My duty may call me to 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 imme
diate situation upon the question on your paper is at
length brought to this. You have an act of parlia
ment, stating, that "it is 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
disclaimed, in the king's name, all thoughts ff such
a substitution in future. The principle of this dis
claimer goes to what has been left, as well as what has
been repealed. The tax which lingers after its com
panions (under a preamble declaring an American
revenue expedient, and for the sole purpose of sup
porting the theory of that preamble) militates With
* Resolutions in May 1770.

84 MR. BURKE'S SPEECH
the assurance authentically conveyed to the colonies ;
ahd is an exhaustless source of jealousy and animo
sity. On this state, which I take to be a fair one ;
not being able to discern any grounds of honour, ad
vantage, peace, or, power, for adhering, either to the
act pr 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
something to fight for, consistent in theory and valua
ble in practice. , Jf you.musi. 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 j
should be a means of drawing on you further but
unreasonable claims, why then employ your force in
supporting that reasonable concession against those
unreasonable demands. You will employ it with
more grace; with better effect ; and with great proba
ble concurrence of all tlie quiet and rational people in
the provinces, who are now united with, and hurried
away by the violent ; having indeed different dispo
sitions, but a common interest. If you apprehend
that on a concession you shall be punished by meta
physical process to the extreme lines, and argued out
of your whole authority, my advice is this : When
you have recovered your old, your strong, your tena
ble 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 ques^
tion ; and you will stand on great, manly, and sure
ground. On this solid basis fix your machines, and
they vuUl 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 have, that was originally mo
ved by the Americans themselves ; and I think they
will acquiesce in it, if they are not pushed with too
much logick and too little sense, in all the conse
quences. That is, if external taxation be understood,

ON AMERICAN TAXATION. 85
as they and you understand it when you please, to be
not a distinction of geography, but of policy ; that
it is a power for regulating trade, and not for sup
porting establishments.. The distinction, which is
as nothing with regard to right, is of most weighty1
consideration in practice. Recover your old ground,
and your old tranquillity. Try it. I am persuaded the
Americans will compromise with you. When con
fidence is once restored, the odious and suspicious
summum jus will perish of course., The spirit of
practicability, of moderation, and mutual conveni-,
ence, will never call in geometrical exactness as the
arbitrator of an amicable settlement. Consult and
follow your experience. Let not the long story with
which I have exercised your patience, prove fruitless
tb your interests* ,
For my part, I should choose (if I could have my
wish) that the proposition of the honourable gentle-
tleman * for the repeal, could go to America without
the attendance of the penal bills. Alone I could al
most answer for its success. I cannot be certain of
its reception in the bad company it may keep. In
such heterogeneous assortments, the most innocent
person will lose the effect of his innocency. Though
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 cduse American passion to subside, or the
severe would increase its fury — All this is in the hand
of Providence ; yet now, even now, I should confide
in the prevailing virtue, and efficacious operation of
lenity, though working in darkness, and in chaos, in
the midst of all this unnatural and turbid combina
tion. I should hope it might produce order and beauty
in the end.
Let us, sir, embrace some system or other before
we end this session. Do you mean to tax America.
* Mr. Fuller.

86 MR. BURKE'S SPEECH
and to draw a productive'revenue from thence ? If you
do, speak out : name, fix, ascertain this revenue ;
settle its quantity ; define its objects ; provide for its
collection ; and then fight when you have something
to fight for. If you murder — -rob! If you kill, take
possession: and do not appear in the character 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 old principles —
seek peace and ensue it. Leave America, if she has
taxable matter in her, to tax herself. I am not here
going into the distinctions of rights, nor attempting
to mark their boundaries. I do not enter into these
metaphysical distinctions. I hate the very sound of
them. Leave the Americans as they anciently stood,
and these distinctions, born of our unhappy contest,
will die along with it. They and we, and their and
our ancestors, have been 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 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 be
ginning. Let this be your reason for not taxing.
These are the arguments of states and kingdoms.
Leave the rest to the schools ; for there only .they
may be discussed with safety. But if, intemperately,
unwisely, fatally, you sophisticate and poison the
very source of government, by urging subtle deduc
tions, and consequences odious to those you go
vern, from the unlimited and illimitable nature of
supreme sovereignty, you will teach them by these
means to call that sovereignty itself in question.
When you drive him hard, the boar will surely turn
upon the hunters. If that sovereignty and their free
dom cannot be reconciled, which; will they take ?
They will cast your sovereignty in your face. No
body will be argued into slavery. Sir, let the gen
tlemen on the other side call forth all their ability ;

ON AMERICAN TAXATION. 87
let the best of them get up, and tell me, wh^it one
character of liberty the Americans have, and what
one brand of slavery they are free frpm, if they are
bound in their property and industry, by all the re
straints 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 unlimited
monopoly, will you bring them to bear the burthens
of unlimited revenue too ? The Englishman in Ame
rica will feel that this is slavery — that it is legal slave
ry, will be no compensation, either to his feelings or
his .understanding.
A noble lord,* who spoke sorne time ago, is full
ofthe fire of ingenuous youth ; and when he has mo
delled the ideas of a lively imagination by further ex
perience, 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 pre
sent state, England is not free ; because Manchester,
and other considerable places are not represented.
So then, because some towns in England are not re
presented, America 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 ap
proximation to the right, is it therefore that the colo
nies are to recede from it infinitely ? When this child
of ours wishes to assimilate to its parent, and to reflect
with a true filial resemblance the beauteous counte-
tenance of British liberty ; are we to turn to them the
shameful parts of our constitution ? Are we to give
them our weakness for their strength; our oppro
brium for their glory; and the slough of slavery,
which we are not able to work off, to serve them for
their freedom ? * Lord Carmarthen.

88 MR. BURKE'S SPEECH
If this be the case, ask yourselves this question :
Will they "be content in such a state of slavery ? If not,
look to the consequences. Reflect how you are to
govern a people, who think they ought to be free, and
think they are hot. Your scheme yields no revenue ;
it yields nothing but discontent, disorder, disobedi
ence ; and such is the state of America,, that, after
wading up to your eyes in blood, you could only end
just where you began ; that is, to tax where no re
venue is to be found, to — my voice fails me ; my in
clination indeed carries me no further — all is confu
sion beyond it.
Well, sir, I have recovered a little, and before I sit
down I must say something to another point with
which gentlemen 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 first proposition, and which I have often taken
the liberty, 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 reconeileable
things in the world. The parliament of Great Bri
tain sits at the head of her extensive empire in two
capacities : one as the local legislature of this island,
providing for all things at home, immediately, and by
no other instrument than the executive power. The
other, and I think her nobler capacity, is what I call
her imperial character ; in which, as from the throne
of heaven, she superintends all the several inferiour
legislatures, and guides, and controls them all without
annihilating any. As all these provincial legislatures
are only coordinate to each other, they ought all to be
subordinate to her; else they can neither preserve
mutual peace, nor hope for mutual justice, noreffec-
tually afford mutual assistance. It is necessary to co
erce the negligent, to restrain the violent, and to aid
the weak and deficient, by the overruling plenitude

ON AMERICAN TAXATION. 89
of her power. She is never to intrude into the place
ofthe others, whilst they are equal to the common
ends of their institutions But in order to enable par
liament to answer all these ends of provident and be-
nificent superintendance, her powers must be bound
less. The gentlemen who think the powers of
parliament limited, may please themselves to talk Of
requisitions. But suppose the requisitions are not
obeyed. What ! Shall there be no reserved power
in the empire, to supply a deficiency which may
weaken, divide, and dissipate the whole? We are en
gaged in war — the secretary of state calls upon the
colonies to contribute — some would do it, I think
most would cheerfully furnish whatever is demanded
— one or two, suppose, hang back, and, easing them
selves, let the stress of the draft lie 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 ofthe last
war, owing to some internal disseritions 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 con
sider the power of taxing in parliament as an instru
ment of empire, and not as a means of supply.
Such, sir, is my idea ofthe constitution of the Bri
tish empire, as distinguished from the constitution of
Britain ; and on these grounds I think subordination
and liberty may be sufficiently reconciled through the
whole ;' whether to serve a refining specujatist, or a
factious demagoogue, 1 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 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
VOL. I. N

9© MR. BURKE'S SPEECH
that the colonies would not have proceeded in supply
ing government as liberally, if you had not stepped in
and hindered them from contributing, by interrupting
the 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 poor
provider. It knows neither how to accumulate, nor
how to extract.
I charge therefore to this new and unfortunate sys
tem the loss not only of peace, of union, and of com
merce, but even of revenue, which its friends are
contending fori'" It is morally certain, that we have
lost at least,a million of free grants since the peace.
I think wjs'have lost a great deal more ; and that those
who loo&' for a revenue from the provinces, never
could have pursued, even in that light, a course more
directly repugnant to their purposes.
Now, sir, I trust I have shown, first on that narrow
ground which the honourable gentleman measured,
that you are like 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 pur
sued your ancient policy ; that you threw every thing
into confusion when you made the stamp act ; and
that you restored every thing to peace and order
when you repealed it. I have shown that the re
vival of the system of taxation has produced the very
worst effects ; and that the partial repeal has produ
ced not partial good, but universal evil. Let these
considerations, founded on facts, not one of which
can be denied, bring us baak to our reason by the
road of our experience.
I cannot, as I have said, answer for mixed mea
sures ; but surely this mixture of lenity would give
the whole a better chance of success. When you
once regain confidence, the way will be clear befo*e
a * i

ON AMERICAN TAXATION. 91
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. Pro
ceed in what you do, whatever you do, from policy,
and not from rancour. Let us act like men, let us
act like statesmen. Let us hold some sort of consis
tent 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 con
cerning it since I sat, and before I sat in parliament.
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 argu
ment. But I had rather bear the brunt of all his wit,
and indeed blows much heavier, than stand answera
ble to God for embracing a system that tends to the
destruction of some of the very best and fairest of
his works. But I know the map of England, as well
as the noble lord, or as any other person ; and I know
that the way I take is not the road to preferment. My
excellent and honourable friend under me on the
floor,t 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 rriy
worthy friend are those I have ever wished to follow ;
because I know they lead to honour. Long may, we
tread the same road together ; whoever may accom
pany us, or whoever may laugh at us on our journey.
I honestly and solemnly declare, I have in all seasons
adhered to the system of 1766, for no other reason,
than that Ithink it laid deep in your truest interests —
and that, by limiting the exercise, it fixes on the
firmest foundations, a real, consistent, well grounded
authority in parliament. Until you come back to that
system, there will be no peace for England.
* Lord North. t: Mr. Dowdeswell.

LORD CHATHAM'S SPEECH,
DELIVERED IN THE HOUSE OF LORDS, JANUARY THE 9th,
1770, IN REPLY TO LORD MANSFIELD, ON AN AMENDMENT
TO THE ADDRESS TO THE THRONE.
DlSGUSTED with the conduct of the cabinet over
which he presided, without the power of control or
direction, lord Chatham resigned his place late in the
year 1768, and with a mind soured by discontent, and
enfeebled by the anguish of disease, retreated from
publick life to the privacy of the country, where he
resided for nearly two years.
During his retirement, he estranged himself so en
tirely from the concerns of politicks and the strife of
party, that his former lofty pretensions and command
ing influence in the state dwindled to insignificance,
and he to whom every eye was once directed, attrac
ted, for that time, little regard or attention.
This relaxation, however, produced, very unex
pectedly, the restoration of his health, and by a recon
ciliation with his nearest relative, lord Temple, the
solace of whose friendship he seems to have required,
his mind, long clouded and oppressed, again shone
forth with a brightness and intensity of force, not sur
passed in the meridian of its splendid career.
At the meeting of parliament, January 9th 1770,
he resumed his seat in the House of Lords, and on
the motion for the address to the throne, pronounced
one ofthe most celebrated of his speeches, which,
unfortunately, is imperfectly preserved. He com
menced it in a very impressive manner. '? At my
advanced period of life, my lords, bowing under the
weight of my infirmities, I might, perhaps, have stood

94 LORD chatham'sspeech on
excused if I had continued in my retirement, and
never taken part again in publick affairs; but the
alarming state of the nation calls upon me, indeed
forces me to come forward once more, and to execute
that duty which lowe to my God, my Sovereign,,
and my Country." He then entered into a wide
examination of the external, as well as internal rela
tions ofthe country, and drew an able, though exag-^
gerated picture of its situation, and the dangers which
threatened it.
He said, that the posture of foreign affairs was
highly critical ; but he dwelt more on the divisions
and distractions which prevailed in every portion of
the empire. He lamented those unhappy measures
which had alienated the colonies from the mother
country, and driven them to such excesses. But he .
still thought that they should be treated widi tender
ness ; for, " these excesses were the mere irruptions
of liberty which broke out upon the skin, and were a
sign, if not of perfect health, at least of vigorous con
stitution, and must not be 'repelled too suddenly, lest
they should strike to the heart. That liberty was a
plant which deserved to be cherished. That he loved
the tree and wished well to every branch of it. That
like the vine in Scripture, it had spread from East to
West, had embraced whole nations with its branches,
and sheltered them under its leaves."
Passing from the discontents of America, he pro
ceeded to notice those which existed at home. The
latter he attributed to the conduct of tlie house of
commons in the expulsion of Mr. Wilkes, and con
ceived that it ought to be distinctly stated as the cause
to his majesty. With this design he concluded his
speech by moving, as an amendment to the address, -
" That we will, with all convenient speed, take into
our most serious consideration the causes of the discon
tents which prevail in so many parts of your majesty's .'
dominions, and particularly the late proceedings ofthe
house of commons touching the incapacity of John
Wilkes, Esq. expelled by that house to, be re-elected a
member to serve in this present parliament ; thereby

the address to the throne. * 95
refusing, by a resolution of one branch ofthe legislature
only, to the subject his common right, and depriving
the electors of Middlesex of their free choice of a re
presentative." This amendment was powerfully resisted by Lord
Mansfield. Nothing remains however of his speech
except a meagre account of the general course of his
argument. He contended " that the amendment viola
ted every form and usage of parliament, and was a
gross attack on the privileges of the house of com
mons. That there never was an instance of the lords
inquiring into the proceedings of that house with re
spect to their own members, much less of their taking
upon them to censure such proceedings, or of their
advising the crown to take notice of them. If, in-
-deed, it be the purpose of the amendment to provoke
a quarrel with the house of commons, I confess said
his lordship, it will have that effect certainly, and im
mediately. The lower house will undoubtedly assert
their privileges, and give you vote for vote. I leave
it, therefore, to your lordships, to consider the fatal
effects which in such a conjuncture as the present,
may arise from an open breach between the two houses
of parliament."Lord Chatham immediately arose and delivered the
following speech in reply.
His amendment was rejected.
SPEECH, &c.
My lords, THERE is one plain maxim, to which I have
invariably adhered through life : that in every ques
tion, in which my liberty, or my property were con
cerned, I should consult and be determined by the
dictates of common sense. I confess, my lords, that
I am apt to distrust the refinement of learning, be
cause I have seen the ablest and the most learned men
equally liable to deceive themselves, and to mislead
others. The, condition of human nature wpuld be
lamentable indeed, if nothing less than the greatest
learning and talents, which fall to the share of so small

96 '' LORD CHATHAM'S SPEECH ON
a number of men, were sufficient to direct our judg
ment and our conduct. But Providence has taken
better care of our happiness, and given us, in the sim
plicity of common sense, a rule for our direction, by
iwhich we shall never be misled. I confess, my lords,
I had no other guide in drawing up the amendment,
which I submitted to your consideration ; and, before
I heard the opinion of the noble lord who spoke last, I
did not conceive that it was even within the limits of
possibility for the greatest human genius, the most
subtle understanding, or the acutest wit, so strangely
to misrepresent my meaning, and to give it an inter
pretation so entirely foreign from what I intended to
express, and from that sense which the very terms of
the amendment plainly and distinctly carry with them.
If there be the smallest foundation for the censure
thrown upon me by that noble lord ; if, either, ex
pressly, or by the most distant implication, I have said
or insinuated any part of what the noble lord has char
ged me with, discard my opinions for ever, discard
the motion with contempt.
My lords, I must beg the indulgence of the house.
Neither will my health permit me, nor do I pretend
to be qualified to follow that learned lord minutely
through the whole of his argument. No man is, bet
ter acquainted with his abilities and learning, nor has
a greater respect for them, than I have. I have had
the pleasure of sitting with him in the other house,
and always listened to him with attention. I have not
now lost a word of what he said, nor did I ever.
Upon the present question I meet him without fear.
The evidence which truth carries with it, is superi
our to all argument ; it neither wants the support, nor
dreads the opposition of the greatest^ abilities. If
there be a single word in the amendment to justify
the interpretation which the noble lord has been plea
sed to give it, I am ready to renounce the whole
Let it be read, my lords ; let it speak for itself.*
In what instance does it interfere with the privileges
* It was read.

THE ADDRESS TO THE THRONE. 97
of the house of commons ? In what respect does it
question their jurisdiction, or suppose an authority in
this house to arraign the justice of their sentence? I
am sure that every lord who hears me will bear me
witness, that I said not one word touching the merits
ofthe Middlesex election. So far from conveying any
opinion upon that matter, in the amendment, I did not
even in discourse deliver my own sentiments upon it.
I did not say that the house of commons had done
either right or wrong ; but, when his majesty was
pleased to recommend it to us to cultivate unanimity
amongst ourselves, I thought it the duty of this house,
as the great hereditary council of the crown, to state
to his majesty the distracted Condition of his domi
nions, together with the events which had destroyed
unanimity among his subjects. But, my lords, I
stated events merely as facts, without the smallest ad
dition either of censure or of opinion. They are facts,
my lords, which I am not only convinced are true,
bUt which I know are indisputably true. For exam
ple, my lords : will any man deny that discontents
prevail in many parts of his majesty's dominions ? or
that those discontents arise from the proceedings of
the house of commons touching the declared incapa
city of Mr. Wilkes ? 'Tis impossible. No man can
deny a truth so notorious. Or will any man deny-
that those proceedings refused, by a resolution of one
branch ofthe legislature only, to the subject his com
mon right? Is it not indisputably true, my lords, that
Mr. Wilkes had a common right, and that he lost it
no other way but by a resolution of the house of
commons? My lords, I have been tender of misre
presenting the house of commons. I have consulted
their journals, and have taken the very words of their
own resolution. Do they not tell us in so many
words, that Mr. Wilkes having been expelled, was
thereby rendered incapable of serving in that parlia
ment ! and is it not their resolution alone, which re
fuses to the subject his common right? The amend
ment says further, that the electors of Middlesex are
deprived of their free choice of a representative. Is
vol. i. o

98 LORD CHATHAM'S SPEECH ON
this a false fact, my lords ? Or have I given an unfair
representation of it ? Will any man presume to affirm
that colonel Luttrell is the free choice of the electors
of Middlesex ? We all know the contrary. We all
know that Mr. Wilkes (whom I mention without ei
ther praise or censure) was the favourite of the county,
and chosen by a very great and acknowledged majo
rity, to represent them in parliament. If the noble
lord dislikes the manner in which these facts are sta
ted, I shall think myself happy in being advised by
him how to alter it. I am very little anxious about
terms, provided the substances be preserved; and
these are facts, my lords, which I am sure will always
retain their weight and importance, in whatever form
of language they are described.
Now, my lords, since I have been forced to enter
into the explanation of an amendment, in which
nothing less than the genius of penetration could have
discovered an obscurity-, and having, as I hope, re
deemed myself in the opinion of the house, having
redeemed my motion from the severe representation
given of it by the noble lord, I must a little longer
entreat your lordships' indulgence. ;. The constitution
of this country has been openly invaded in fact ; and
I have heard, with horrour and astonishment that
very invasion defended upon principle. What is this
mysterious power, Undefined by law, unknown to
the subject, which we must not approach without
awe, nor speak of without reverence, which no man
may question, and to which all men must submit ?
My lords, I thought the slavish doctrine of passive
obedience had long since been exploded; and, when
our kings were obliged to confess that their title to
the crown, and the rule of their government, had no
other foundation than the known laws of the land, I
never expected to hear a divine right, or a divine infal
libility, attributed to any other branch of the legisla
ture. My lords, I beg to be understood. No man
respects the house of commons more than I do, or
would contend more strenuously than I would, to
preserve to them their just and legal authority. Within

THE ADDRESS TO THE THRONE. 99
the bounds prescribed by the constitution, that autho
rity is necessary to the well being of the people : be
yond that line every exertion of power is arbitrary,
is illegal ; it threatens tyranny to the people, and de
struction to the state. Power without right is the
most odious and detestable object that can be offered
to the human imagination. It is not only pernicious
to those who are subject to it, but tends to its own
destruction. It is what my noble friend* has truly
described it : Res detestabilis et caauia. My lords, I
acknowledge the just power, and reverence the con
stitution of the house of commons) It is for their own
sakes that I would prevent theif assuming a power
which the constitution has denied them, lest, by
grasping at an authority they have no right to, they
should forfeit that which they legally possess. My
lords, I affirm that they have betrayed their consti
tuents, and violated the constitution. Under pre
tence of declaring the law, they have made a law, and
united in the same persons the office of legislator and
of judge.
,'"' I shall endeavour .to adhere strictly to the noble
lord's doctrine, which is, indeed, impossible to mis
take, so far as my memory will permit me to preserve
his expressions. He seems fond of the word jurisdic
tion ; and I confess, with the force and effect which
he has given it, it is a word of copious meaning and
wonderful extent. If his lordship's doctrine be well
founded, we must renounce all those political max
ims by which our understandings have hitherto been
directed, and even the first elements of learning taught
us in our schools when we were schoolboys. My
lords, we knew that jurisdiction was nothing more
than Jus dicere ; we knew that Legem facere and
Legem dicere were powers clearly distinguished from
each other in the nature of things, and wisely sepera-
ted by the wisdom of the English constitution ; but
now, it seems, we must adopt a new system of think
ing. The house of commons, we are told, have a
* Lord Lyttleton.

100 LORD CHATHAM'S SPEECH ON
supreme jurisdiction ; and there is no ^appeal from
their sentence ; and that wherever they are competent
judges, their decision must be received and submit
ted to, as ipso facto, the law of the land. My lords,
I am a plain man, and have been brought up in a reli
gious reverence for the original simplicity "of the laws
of England. By what sophistry they have been per
verted, by what artifices they have been involved in
obscurity, is not for me to explain ; the principles,
however, of tHfe English laws, are still sufficiently
clear : they are founded in reason, and are the master
piece of the human understanding ; but it is in the
text that I would look for a direction to my judgment,
not in the commentaries of modern professors. The
noble lord assures us, that he knows not in what code
the law of parliament is to be found ; that the house
of commons, when they act as judges, have no law
to direct them but their own wisdom ; that their de
cision is law ; and if they determine wrong, the sub
ject has no appeal but to Heaven. What then, my
lords, are all the generous efforts of our ancestors,
are all those glorious contentions, by which they
meant to secure to themselves, and to transmit to their
posterity a known law, a certain rule of living, re
duced to this conclusion, that instead of the arbitrary
power of a, king, we must submit to the arbitrary
power of a house of commons ? If this be true, what
benefit do we derive from the exchange ? Tyranny,
my lords, is detestable in every shape ; but in none
so formidable as when it is assumed and exercised by
a number of tyrants. But, my lords, this is not the
fact ; this is not the constitution. We have a law of
parliament. We have a code in which every honest
man may find it. We have Magna Charta, we have
the Statute Book, and the Bill of Rights.
If a case should arise unknown to these great au
thorities, we have still that plain English reason left,
which is the foundation of all our English jurispru
dence. That reason tells us, that every judicial court,
and every political society, must be vested with those
powers and privileges which are necessary for per-

THE ADDRESS TO THE THRONE. 101
forming the office to which they are appointed* It
tells us also, that no court of justice can have a power
inconsistent with, or paramount to, the known laws
of the land ; that the people, when they choose their
representatives, never mean to convey to them a power
of invading the rights, or trampling upon the liberties
of those whom they represent. What security would
they have for their rights, if once they admitted, that
a court of judicature might determine every question
that came before it, not by any known, positive law,
but by the vague, indeterminate, arbitrary rule, of
what the noble lord is pleased to call the wisdom of
the court ? With respect to the decision of the courts
of justice, I am far from denying them their due
weight and authority ; yet, placing them in the most
respectable view, I still consider them, not as law,
but as an evidence of the law ; and before they can
arrive even at that degree of authority, it must ap
pear, that they are founded in, and confirmed by,
reason ; that they are supported by precedents taken
from good and moderate times ; that they do not con
tradict any positive law ; that they are submitted to
without reluctance, by the people ; that they are un
questioned by the legislature (which is equivalent to
a tacit confirmation) and what, in my judgment, is
by far the most important, that they do not violate
the spirit of the constitution. My lords, this is not
a vague or loose expression. We all know what the
constitution is. We all know, that the first principle of
it is, that the subject shall not be governed by the
arbitrium of any one man, or body of men (less than
the whole legislature) but by certain laws, to which
he has virtually given his consent, which are open
to him to examine, and not beyond his ability to
understand. — Now, my lords, I affirm, and am ready
to maintain, that the late decision of the house of
commons upon the Middlesex election, is destitute
of every one of those properties and conditions which
I hold to be essential to the legality of such a decision.
It is not founded in reason ; for it carries with it a
contradiction, that the representative should perform

102 LORD CHATHAM'S SPEECH ON
the office of the constituent body. It is not support
ed by a single precedent ; for the case of sir R. Wal
pole is but a half precedent, and even that half is
imperfect. Incapacity was indeed declared ; but his
crimes are stated as the ground ofthe resolution, and
his opponent was declared to be not duly elected,
even after his incapacity was established. It contra
dicts Magna Charta and the Bill of Rights, by which
it is provided, that no subject shall be deprived of
his freehold, unless by the judgment of his peers, or
the law of the land ; and that elections of members
to serve in parliament shall be free ; and so far is this
decision from being submitted to by the people, that
they have taken the strongest measures, and adopted
the most positive language to express their discontent.
Whether it will be questioned by the legislature, will
depend upon your lordships' resolution ; but that it
violates the spirit of the constitution, will, I think,
be disputed by no man who has heard this day's, de
bate, and who wishes well to the freedom of his coun
try : yet, if we are to believe the noble lord, this
great grievance, this manifest violation of the first
principles of the constitution, will not admit of a
remedy ; is not even capable of redress, unless We
appeal at once to heaven. My lords, I have better
hopes of the constitution, and a firmer confidence in
the wisdom and constitutional authority of this house.
It is your ancestors, my lords, it is to the English ba
rons that we*are indebted for the laws and constitu
tion we possess. Their virtues were rude and uncul
tivated, but they were great and sincere. Their un
derstandings were as little polished as their manners,
but they had hearts to distinguish right from wrong ;
they had heads to distinguish truth from falsehood ;
they understood the rights of humanity, and they
had spirit to maintain them.
My lords, I think that history has not done justice
to their conduct, when they obtained from their so
vereign, that great acknowledgment of national
rights contained in Magna Charta : they did not con
fine it to themselves alone, but delivered it as a com-

THE ADDRESS TO THE THRONE. 103
mon blessing to the whole people. They did not
say, these are the rights of the great barons* or
these are the rights x>f the great prelates : — No, my
lords ; they said, in the simple Latin of the times,
nullus liber homo, and provided as carefully for the
meanest subject as for the greatest. These are un
couth words, and sound but poorly in the ears of
scholars ; neither are they addressed to the criticism
of scholars, but to the hearts of free men. These
three words, nullus liber homo, have a meaning which
interests us all ; they deserve to be remembered—
they deserve to be inculcated in our minds-— they
are worth all the classicks. Let us not, then, dege
nerate from the glorious example of our ancestors,,
Those iron barons (for so I may call them when
compared with the silken barons of modern days)
were the guardians of the people ; yet their virtues,
my lords, were never engaged in a question of such
importance as the present. A breach has been made
in the constitution — the battlements are dismantled-'-
the citadel is open to the first invader — the walls totter
— the constitution is not tenable. What remains
then, but for us to stand foremost in the breach, to
repair it, or perish in it?
Great pains have been taken to alarm us with
the consequences of a difference between the two
houses of parliament — that the house of commons
will resent our presuming to take notice of their pro
ceedings; that they will resent our daring to advise
the crown, and never forgive us for attempting to save
the state. My lords, I am sensible of the importance
and difficulty of this great crisis : at a moment, such
as this, we are called upon to do our duty, without
dreading the resentment of any man. But if ap
prehensions of this kind are to affect us, let us con
sider which we ought to respect most, the represen
tative, or the collective body of the people. My
lOrds, five hundred gentlemen are not ten millions ;
and if we must have a contention, let us take care
to have tlie English nation on our side. If this ques
tion be given up, the freeholders of England are re
duced to a condition baser than the peasantry of Po-

104 LORD CHATHAM'S SPEECH ON
land. If they desert their own cause, they deserve
to be slaves ! My lords, this is not merely the cold
opinion of my understanding, but the glowing ex
pression of what I feel. It is my heart that speaks.
I know I speak warmly, my lords ; but this warmth
shall neither betray my argument nor my temper.
The kingdom is in a flame. As mediators between
the king and people, it is our duty to represent to
him the true condition and temper of his subjects.
It is a duty which no particular respects should hinder
us from performing ; and whenever his majesty
shall demand our advice, it will then be our duty to
inquire more minutely into the causes of the pre
sent discontents. Whenever that inquiry shall come
on, I pledge myself to the house to prove, that since
the first institution of the house of commons, not a
single precedent can be produced to justify their
late proceedings. My noble and learned friend (the
lord chancellor) has pledged himself to the house,
that he will support that assertion.
My lords, the character and circumstances of Mr.
Wilkes have been very improperly introduced into
this question, not only here, but in that court of
judicature where his cause was tried. I mean the
house of commons. With one party he was a patriot
of the first magnitude ; with the other the vilest in
cendiary. For my own part, I consider him merely
and indifferently as an English subject, possessed of
certain rights which the laws have given him, and
which the laws alone can take from him. I am nei
ther moved by his private vices, nor by his publick
merits. In his person, though he were the worst of
men, I contend for^the safety and security of the
best ; and, God forbid, my lords, that there should
be a power in this country of measuring the civil
rights of the subject by his moral character, or by
any other rule but the fixed laws of the land ! I be
lieve, my lords, / shall not be suspected of any
personal partiality to this unhappy man. I am not
very conversant in pamphlets or newspapers; but,
from what I have heard, and from the little I have

THE ADDRESS TO THE THRONE.

105

read, I may venture to affirm, that I have had my
share in the compliments which have come from
that, quarter ; and, as for motives of ambition (for
I must take to myself a part of the noble duke's
insinuation) I believe, my lords, there have been
times in which I have had the honour of standing
in such favour in the closet, that there must have
been something extravagantly unreasonable in my
wishes if they might not all have been gratified*
After neglecting those opportunities, I am now sus
pected of coming .forward in the decline of life, in
the anxious pursuit of wealth and power, which it is
impossible for me to enjoy. Be it so. There is one
ambition at least which T ever will acknowledge,
which I will not renounce but with my life. It is
the ambition of delivering to my posterity those rights
of freedom which I have received from my ancestors.
I am not now pleading the cause of an individual, but
of every freeholder in England. In what manner this
house may constitutionally interpose in their defence,
and ^l"hat kind of redress this case will require and
admit of, is not at present the subject of our consi
deration. The amendment, if agreed to, will natu
rally lead us to such an inquiry. That inquiry may,
perhaps, point out the necessity of an act of the
legislature, or it may lead us, perhaps, to desire a
conference with the other house ; which one noble
lord affirms is the only parliamentary way of proceed
ing ; and which another noble lord assures us the
house of commons would either not come to, or
would break off with indignation. Leaving their
lordships to reconcile that matter between themselves,
I shall only say, that before we have inquired, we.
cannot be provided with materials : consequently we
are not at present prepared for a conference.
It i&not impossible, my lords, that the inquiry I speak
of may lead us to advise his majesty to dissolve the
present parliament ; nor have I any doubt of our right
to give that advice, if we should think it necessary.
His majesty will then determine whether he will yield
to the united petitions of the people of England, or
VOL. IP

106 10R5 CHATHAM'S SPEECH &C
maintain the house of commons in the exercise of
a legislative power, which heretofore abolished the
house of lords, and overturned the monarchy, I wil
lingly acquit the present house of commons of having
actually formed so detestable a design ; but they can
not themselves foresee to what excesses they may be'
carried hereafter; and for my own part, I should bev
sorry to trust to their future moderation. Unlimited
power is apt to corrupt the minds of those who pos
sess it; and this I know my lords, that, where law
ends, tyranny begins !

MR. BURKE'S SPEECH,
on movin& his resolutions for conciliation with the
Colonies, delivered In the house of commons, the
22d OF march, 1775.
T ROM the commencement of the disputes between
the mother country and the colonies, Mr. Burke
seems to have directed a very diligent attention to the
subject, as involving the primary interests of the em
pire. By maintaining a constant intercourse with
many of the enlightened characters in the. different
provinces, he acquired a more extensive and intimate
knowledge ofthe physical and moral condition ofthe
country, with its real views, dispositions, and resour
ces than, perhaps, was attained by any of his cotempo-
raries. The result of this superiour intelligence was
a decided conviction, which he carried through every
stage of the controversy, that the exasperated feeling
existing in the colonies could only be allayed, and their
alienated attachment revived and permanently secured
by placing them exactly on the same footing ori which
they stood previous to the introduction of the new and
arbitrary system of government. An attempt to sus
tain the pretensions ofthe parent state, whether right
or wrong, by force, he uniformly predicted would
prove impracticable, and must, if adhered to, eventu
ate in her discomfiture and disgrace.
To reconcile, by an entire repeal of all the offen
sive measures, coupled with a solemn renunciation of
the principles on which they were founded, so as to
leave no just cause of complaint, was the counsel
which he strenuously urged.

108 MR. BURKE'S SPEECH ON
In the genuine spirit of this wise and liberal policy
he moved, with the hope of dispersing the dark cloud
of calamities which he saw impending over the em
pire, a series of propositions, on the 22d of March,
1775, which he enforced by an exertion of eloquence
that has rarely been equalled. These propositions
will be found in the body of the speech as they were
severally opened. They were all rejected by a large
majority. In his preceding speech, on taxation, having very
luminously traced the different schemes of colonial
regulation which arose out of the fluctuating councils
of the mother country, Mr. Burke, in the present one,
describes with a surprising amplitude and accuracy of
information the internal state of the American depen
dencies, as relates to their population, agriculture, and
commerce, and delineates with his usual skill and nicety
of discernment the genius and character of thepeople.
From these two productions, it has truly been said,
that nK>re may be learnt of the history of colonial
America, and ofthe causes which led to the revolu
tionary struggle, than from all the other discussions
and writings upon the subject.
SPEECH, fcfc.
I HOPE, sir, that notwithstanding the austerity
ofthe chair, your good nature will incline you to
some degree of indulgence towards human frailty.
You will not think it unnatural, that those who have
an object depending, which strongly engages their
hopes and fears, should be somewhat inclined to su-
perstition. As I came into the house full of anxiety
about the event of my motion, I found to my infinite
surprise, that the grand penal bill, by which we had
passed sentence on the trade and sustenance of Ame
rica, is to be returned to us from the other house.*
* The act to restrain the trade and commerce of the pro*
vinces of Massachussett's Bay arid New Hampshire, and colo
nies of Connecticut, and Rhode Island, and Providence Plan
tations, in North America, to Great Britain, Ireland, and the

CONCILIATION WITH AMERICA. 109
I do confess, I could not help looking on this event as
a fortunate omen. I look upon it as a sort of provi
dential favour, by which We are put once more in
possession of our deliberative capacity, upon a busi
ness so very questionable in its nature, so very uncer
tain in its issue. By the return of this bill, which
seemed to have taken its flight forever, we are, at this
very instant, nearly as free to choose a plan for our
American government, as we were on the first day of
the session. If, sir, we incline to the side of conci
liation, we are not at all embarrassed (unless we please
to make ourselves so) by any incongruous mixture of
coercion and restraint. ' We are therefore called upon,
as it were by a superiour warning voice, again to at
tend to America; to attend to the whole of it-toge
ther ; and to review the subject with an unusual de
gree of care and calmness.
Surely it is an awful subject, or there is none so
on this side ofthe grave. When I first had the ho-
jiour of a seat in this house, the affairs of that conti
nent pressed themselves upon us, as the most impor
tant and most delicate object of parliamentary atten
tion. My little share in this great deliberation
oppressed me. I found myself a partaker in a very
high trust; and having no sort of reason to rely on
the strength of my natural abilities for the proper ex
ecution of that trust, I was obliged to take more than
common pains, to instruct myself in every thing
which relates to our colonies. I was not less under
the necessity of forming some fixed ideas, concerning
the general policy of the British empire. Something
of this sort seemed to be indispensable, in order,
amidst so vast a fluctuation of passions and opinions,
to concentre my thoughts; to ballast my conduct;
to preserve me from being blown about by every
wind of fashionable doctrine. I really did not think

British islands in the West Indies, and to prohibit such
provinces and colonies from carrying on any fishery on the
banks of Newfoundland, and other places therein mentioned,
under certain conditions and limitations.

110 MR. BURKE'S SPEECH ON
it safe, or manly, to have fresh principles to seek
Upon every fresh mail which should arrive from
America* At that period, I had the fortune to find myself
in perfect concurrence with a large majority in this
house. Bowing under that high authority, and pene
trated with the sharpness and strength of that early
impression, I have continued ever since, without the
least deviation in my original sentiments. Whether
this be owing to an obstinate perseverance in errour,
or to a religious adherence to what appears to me truth
and reason, it is in your equity to judge.
Sir, parliament having an enlarged view of objects,
made, during this interval, more frequent changes in
their sentiment and their conduct, than could be jus
tified in a particular person upon the contracted scale
of private information. But though I do not hazard
any thing approaching to a censure on the motives of
former parliaments to all those alterations, one fact is
undoubted; that under them the state of America
has been kept in continual agitation. Every thing
administered as remedy to the publick complaint if
it did not produce, was at least followed by, an height
ening of the distemper ; until, by a variety of experi
ments, that important country has been brought into
her present situation; a situation which I will not
miscall, which I dare not name ; which I scarcely
know how to comprehend in the terms of any de
scription. In this posture, sir, things stood at the beginning
ofthe session. About that time, a worthy member*
of great parliamentary experience, who, in the year
1766, filled the chair of the American committee
with much ability, took me aside; and, lamenting
the present aspect of our politicks, told me, things
were come to such a pass, that our former methods
of proceeding in the house would be no longer tolera
ted. That the publick tribunal (never too indulgent
* Mr. Rose Fuller.

CONCILIATION WITH AMERICA 111
to a long and unsuccessful opposition) would now
scrutinize our conduct with unusual severity. That
the very vicissitudes and shiftings of ministerial mea
sures, instead of convicting their authors of incon
stancy and want of system, would be taken as an
occasion of charging us with a predetermined discon
tent, which nothing could satisfy ; whilst we accused
every measure of vigour as cruel, and every proposal
of lenity as weak and irresolute. The publick, he
said, would not have patience to see us play the game
out with our adversaries : we must produce our hand.
It would be expected, that those who for many
years had been active in such affairs should show,
that they had formed some clear and decided idea of
the principles of colony government ; and were capa
ble of drawing out something like a platform of the
ground, which might be laid for future and perma
nent tranquillity.
I felt the truth of what my honourable friend re
presented ; but I felt my situation too. His applica
tion might have been made with far greater propriety
to many other gentlemen. No man was, indeed,
ever better disposed, or worse qualified for such an
undertaking than myself. Though I gave so far into
his opinion, that I immediately threw my thoughts
into a sort of parliamentary form, I was by no means
equally ready to produce them. It generally argues
some degree of natural impotence of mind, or some
want of knowledge of the world, to hazard plans of
government, except from a seat of authority. Propo
sitions are made, not only ineffectually, but some
what disreputably, when the minds of men are not
properly disposed for their reception ; and for my part,
I am not ambitious of ridicule ; not absolutely a can
didate for disgrace.
Besides, sir, to speak the plain truth, I have in ge
neral no very exalted opinion of the virtue of paper
government; nor of any politicks, in which the plan
is to be wholly separated from the execution. But
when I saw, that anger and violence prevailed every
day more and more, and that things were hastening

112 MR. BURKE'S SPEECH ON
towards an incurable alienation of our colonies, I
confess my caution gave way. I felt this, as one of
those few moments in which decorum yields to a
higher duty. Publick calamity is a mighty leveller;
and there are occasions when any, even the slightest,
chance of doing good, must be laid hold on, even by
the most inconsiderable person.
To restore order and repose to an empire so great
and so distracted as ours, is, merely in the attempt,
an undertaking that would ennoble the flights of the
highest genius, and obtain pardon for the efforts of
the meanest understanding. Struggling a good while
with these thoughts by degrees I felt myself more
firm. I derived, at length, some confidence from
what in other circumstances usually produces timi
dity. I grew less anxious, even from the idea of my
own insignificance. For, judging of what you are,
by what you ought to be, I persuaded myself, that
you would not reject a reasonable proposition, be
cause it had nothing but its reason to recommend it.
On the other hand, being totally destitute of all shadow
of influence, natural or adventitious, I was very sure,
that if my proposition were futile or dangerous ; if it
were weakly conceived, or improperly timed, there
was nothing exteriour to it, of power to awe, dazzle,
or delude you. You will see it just as it is ; and you
will treat it just as it deserves.
The proposition is peace. Not peace through the
medium of war ; not peace to be hunted through the
labyrinth of intricate and endless negotiations; npt
peace to arise out of universal discord, fomented from
principle, in all parts of the empire ; not peace to de
pend on the juridical determination of perplexing ques
tions; or the precise marking the shadowy boundaries
of a complex government. It is simple peace ; sought
in its natural course, and its ordinary haunts. It is
peace sought in the spirit of peace ; and laid -in princi
ples purely pacifick. I propose, by removing the
ground of the difference, and by restoring the former
unsuspecting confidence of the colonies in the
mother country, to give permanent satisfaction to

CONCILIATION WITH AMERICA. IIS
your people; and, far from a scheme of ruling. by
discord, to reconcile them to each other in the same
act, and by the bond of the very same interest,
which reconciles them to British government.
My idea is nothing more. Refined policy ever has
been the parent of confusion ; arid ever will be to, as
long as the world endures. Plain good intention,
which is as easily discovered at the first view, as
fraud is surely detected at last, is, let me say, of no
mean force in the government of mankind. Genuine
simplicity of heart is a healing and cementing princi
ple. My plan, therefore, being formed upon the
most simple grounds imaginable, may disappoint
some people when they hear it. : It has nothing to re
commend it to the pruriency of curious ears. There
is nothing at all new and captivating in it. It has
nothing of the splendour of the project, which has
been lately laid upon your table by the noble lord in
the blue ribband.* It does not propose to fill your
lobby with squabbling colony agents, who will require
the interposition of your mace, at every instant, to
keep the peace amongst them. It does not institute
* That when the governour, council, or assembly, or gene
ral 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 de
fence (such proportion to be raised under the authority >of the
general court, or general assembly, of such province or colo^
ny, 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 parliament, and for so long as such pre
vision shall be made accordingly, to forbear, in respect of such
province or colony, to levy any dilty, 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 the regulation of commerce : the net produce of the du
ties last mentioned to be carried to the account of such pro
vince or colony respectively." Resolution moved by Lord
North in the committee; and agreed to by the house, 27th Fe
bruary, 1775.
VOL. I. Q^

il4 MR. BURKE'S SPEECH ON
a magnificent auction ^of finance, where captivated
provinces come to general ransom by bidding against
each other, until you knock down the hammer, and
determine a proportion of payments, beyond all the
powers of algebra to equalize and settle.
The plan, which I shall presume to suggest, de
rives, however, one great advantage from the pro
position and registry of that noble lord's project.
The idea of conciliation is admissible. First, the
house, in accepting the resolution moved by the
noble lord, has admitted, notwithstanding the me
nacing front of our address, notwithstanding our
heavy bill of pains and penalties— that we do not
think ourselves precluded from all ideas of free grace
and bounty.
The house has gone further ; it has declared con
ciliation admissible, previous to any submission on
the part of America. It has even shot a good deal
beyond that mark, and has admitted, that the com
plaints of our former mode of exerting the right of
taxation were not wholly unfounded. That right thus
exerted is allowed to have had something reprehensi
ble in it, something unwise, or something grievous ;
since, in the midst of our heat and resentment, we,
of ourselves, have proposed a capital alteration ; and
in order to get rid of" what seemed so very exceptiona
ble, have instituted a mode that is altogether new;
one that is, indeed, wholly alien from all the ancient
methods and forms of parliament.
The principle of this proceeding is large enough
for my purpose. The means proposed by the noble
lord for carrying his ideas into execution, I think
indeed, are very indifferently suited to the end ; and
, this I shall endeavour to show you before I sit down;
But, for the present, I take my ground on the ad
mitted principle. I mean to give peace. Peace
implies reconciliation ; and where there has been
a material dispute, reconciliation does in a manner
always imply concession on the one part or on the
other. In this state of things I make no difficulty in
affirming, that the proposal ought to originate from

CONCILIATION WITH AMERICA. 115
us. Great and acknowledged force is not impaired,
either in effect or in opinion, by an unwillingness to
exert itself. The superiour power may offer peace
with honour and with safety. Such an* offer from
such a power will be attributed to magnanimity. But
the concessions of the weak are the concessions of
fear. When such a one is disarmed, he is wholly at
the mercy of his superiour ; and he loses for ever
that time and those chances, which, as they happen
to all men, are the strength and resources of all infe
riour power.
The capital leading questions on which you must
this day decide, are these two. First, whether you
ought to concede ; and secondly, what your conces
sion ought to be. On the first of these questions we
have gained, as I have just taken the liberty df ob
serving to you, some ground* But I am sensible
that a good deal more is still to be done. Indeed,
sir, to enable us to determine both on the one and
the other of these great questions with a firm and pre
cise judgment, I think it may be necessary to consider
distinctly the true nature and the peculiar circum
stances of the object which we have before us. Be
cause after all our struggle, whether we will or not,
we must govern America, according to that nature,
and to those circumstances ; and not according to
our own imaginations ; not according to abstract ideas
of right ; by no means according to mere general
theories of government, the resort to which appears
to me, in our present situation, no better than arrant
trifling. I shall therefore endeavour, With your leave,
to lay before you some of the most material of these
circumstances in as full and as clear a manner as I
am able to state them.
The first thing that we have to consider with regard
to the nature of the object is— the number of people
in the colonies. I have taken for some years a good
deal of pains on that point. I can by no calculation
justify myself in placing the number below two mil
lions of inhabitants of our own European blood ahd
colour ; besides at least 500,000 others, who form no

116 MR. BURKE'S SPEECH ON
inconsiderable part of the strength and opulence of
the whole. This, sir, is, I believe, about the true
number. There is no' occasion to exaggerate, where
plain truth is of so much weight and importance.
But whether I put the preserit numbers too high or
too low, is a matter of little moment. Such is the
strength with which population shoots in that part of
the world, that state the numbers as high as we will,
whilst the dispute continues, the exaggeration ends.
Whilst we are discussing any given magnitude, they
are grown to it. Whilst we spend our time in de
liberating on the mode of governing two millions,. We
shall find we have millions more to manage. Your
children do not grow faster from infancy to manhood,
than they spread from families to communities, and
from villages to nations.
I put this Consideration of the present and the grow
ing numbers in the front of our deliberation ; because
sir, this consideration will make it evident to a blunter
discernment than yours, that no partial, narrow, con
tracted, pinched, occasional system will be at all suit
able to such an object. It will show you, that it is
not to be considered as one of those minima which
are out of the eye and consideration of the law ; not
a paltry excrescence ofthe state ; not a mean depen
dant, who may be neglected with little damage, and
provoked with little danger. It will prove, that some
degree of care and caution is required in the handling
such an object ; it will show that you ought not, ill
reason, to trifle with so large a mass of the interests
and feelings of the human race. You could at no
time do so without guilt ; and be assured you will not
be able to do it long with impunity.
But the population of this country, the great and
growing population, though a very important consider
ation, will lose so much of its weight, if not com
bined with other circumstances. The commerce of
your colonies is out of all proportion beyond the num
bers of the people. This ground of their commerce
indeed has been trdd some days ago, and with great

CONCILIATION WITH AMERICA. 117
ability, by a distinguished person,* at your bar. This
gentleman, aftec thirty-five years — it is so long since
he first appeared at the same place to plead for the
commerce of Great Britaih~*-has come again before
you to plead the same cause, without any other effect
of time, than, that to the fire of imagination and ex
tent of erudition, which even then marked him as one
of the first literary characters bf his age, he has added
a consummate knowledge in the commercial interest
of his country, formed by a long course of enlighten
ed and discriminating experience.
Sir, I should be inexcusable in coming after such
a person with any detail, if a great part of the mem
bers who now fill the house had not the misfortune to
be absent when he appeared at your bar. Besides,
sir, I propose to take the matter at periods of time
somewhat different from his. There is, if I mistake
not, a point of view, from whence if you will look
at this "subject, it is impossible that it should not make
an impression upon you.
I have in my hand two accounts; one a compara
tive state of the export trade of England to its colo
nies as it stood in the year 1704, and as it stood in
the year 1772. The other a state of the export trade
of this country to its colonies alone, as it stood in
1772, compared with the whole trade of England to
all parts of the world, the colonies included, in the
year 1704. They are from good vouchers ; the latter
period from the accounts on your table, the earlier
from an original manuscript of Davenant, who first
established the inspector general's office, which has
been ever since his time so abundant a source of par
liamentary information.
The export trade to the colonies consists of three
great branches. The African, which, terminating
almost wholly in the colonies, must be put to the ac
count of their Commerce ; the West Indian, and the
North American. All these are so intepvoven, that
the attempt to separate them, woukHear to pieces
* Mr. Glover.

118 MR. BURKE'S SPEECH ON
the contexture of the whole ; and if not entirely de
stroy, would very much depreciate the value of all
the parts, Itherefore consider these three denomi
nations to be, what in effect they are, one trade.
The trade to the colonies, taken on the export side,
at the beginning of this century,; that is, in the year
1704, stood thus : t
Exports to North America, and the West
Indies, - - "- - £. 483,265
To Africa, .... 86,665

569,930
In the year 1772, which I take as a middle year
between the highest and lowest of those lately laid
On your table, the account was as follows :
To North America, and the West In
dies, - - - .„ r £.. 4,791,734
To Africa, - -'"''¦- - 866,398
To which if you add the export trade
from Scotland, which had in 1704
no existence, - - - - 364,000

6,022,398

From five hundred and odd thousand, it has grown
to six millions. It has increased no less than twelve
fold. This is the state of the colony trade, as com
pared with itself at these two periods, within this cen
tury ; and this is matter for meditation. But this is
not all. Examine my second account. See how the
export trade to the colonies alone in 1772 stood in
the other point of view, that is, as compared to the
whole trade of England in 1704.
The whole export trade of England
including that to the colonies, in 1704 /.6, 509,000
Exported tatiie colonies alone, in 1772 6,024,000
Difference 485,000

CONCILIATION WITH AMERICA. 119
The trade with America alone is now within less
than 500,0001. of being equal to what this great com
mercial nation, England, carried on at the beginning
of this century with the whole world ! If I had taken
the largest year of those on your table, it would ra
ther have exceeded. But, it will be said, is not this
American trade an unnatural protuberance, that has
drawn the juices from the rest ofthe body ? The re
verse. It is the very food that has nourished every
other part into its present magnitude. Our general
trade has been greatly augmented ; a'nd augmented
more or less in almost every part to which it ever ex
tended; but with this material difference ; that ofthe
six millions which in the beginning ofthe century
constituted the whole mass of our export commerce,
the colony trade was but one twelfth part ; it is now
(as a part of sixteen millions) considerably more than
a third of the whole. This is the relative proportion
ofthe irnportance ofthe colonies at these two periods;
and all reasoning concerning our mode of treating
them must have this proportion as its basis, or it is
a reasoning weak, rotten, and sophistical.
Mr. Speaker, I cannot prevail on myself to hurry
over this great consideration. It is good for us to be
here. We stand where we have an immense view of
what is, and what is past. Clouds, indeed, and dark
ness, rest upon the future. Let us, however, before
we descend from this noble eminence, reflect that this
growth of our national prosperity has happened within
the short period of the life of man. It has happened
within sixty-eight years. There are those alive whose
memory might touch the two extremities. For in
stance, my Lord Bathurst might remember all the
stages of the progress. He was in 1704 of an age at
least to be made to comprehend such things. He
was then old enough acta parentum jam legere, et
qua sit poterit cognoscere virtus — Suppose, sir, that
the angel of this auspicious youth, foreseeing the
many virtues, which made him one ofthe most amia
ble, as he is one of the most fortunate men of his age,
had opened to him in vision, that, when, in the fourth

120 MR. BURKE'S SPEECH ON
generation, the third prince of the house of Bruns
wick had sat twelve years on the throne of that nation,
which, by the happy issue of moderate and healing
councils, was to be made Great Britain, he should
see his son, lord chancellor of England, turn back
the current Of hereditary dignity to its fountain, and
raise him to a higher rank of peerage, whilst he en
riched • the family with a new one. If amidst these
bright and happy scenes of domestick honour and
prosperity, that angel should have drawn up the cur
tain, and unfolded the rising glories of his country,
and whilst he was gazing with admiration on the then
commercial grandeur of England, the genius should
point out to him a little speck, scarce visible in the
mass of the national interest, a small seminal princi
ple, rather than a formed body, and should tell him—'
" Young man, there is America, which at this day
serves for litde more than to amuse you with stories
of savage men, and uncouth manners ; yet shall,
before you taste of death, show itself equal to the
whole of that commerce which now attracts the envy
of the world. Whatever England has been growing
to by a progressive increase of improvement, brought
in by varieties of people, by succession of civilizing
conquests and civilizing settlements in a series of se
venteen hundred years, you shall see as much added
to her by America in the course of a single life !" If
this state of his country had been foretold to him,
would it not require all the sanguine credulity of
youth, ahd all the fervid glow of enthusiasm, to
make him believe it ? Fortunate man, he has lived
to see it ! Fortunate indeed, if he live to see nothing
to vary the prospect, and cloud the setting of his
day! Excuse me, sir, if turning from such thoughts I
resume this companitive view once more. You have
seen it on a large scale ; look at it on a small one. I
will point out to your attention a particular instance of
it in the sirigle province of Pennsylvania. In the year
1704 that province called for 11,459/. in value of
your commodities, native and foreign. This was the

CONCILIATION WITH AMEElCA. l2l
whole. What did it demand in 1772? Why nearly
fifty times as much ; for in that year the export to
Pennsylvania was 507,909/. nearly equal to the ex^
port to all the colonies together in the first period.
I choose, sir, to enter into these minute and parti-*
cular details ; because generalities, which in all other
cases are apt to heighten and raise the subject, have
here a tendency to sink it. When we speaks of the
commerce with our colonies, fiction lags after truth i
invention is unfruitful, and imagination cold and
barren. So far, sir, as to the importance of the object in
the view of its commerce, as Concerned in the exports
from England. If I were to detail the imports, I
could show how many enjoyments they procure,
which deceive the burthen of life; how many mate
rials which invigorate the springs of national indus^
try, and extend and animate every part of our foreign
and domestick commerce. This would be a curious
subject indeed ; but I must prescribe bounds to my
self in a matter so vast and various.
I pass therefore to the colonies in smother point of
view, their agriculture. This they have prosecuted
with such a spirit, that, besides feeding plentifully
their own growing multitude, their annual exporj of
grain, comprehending rice, has some years ago ex
ceeded a million in value. Of their last harvest, I
am persuaded, they will export much more. At
the beginning of the century, some of these Colonies
imported corn from the mother country. For some
time past, the old world has been fed from the new.
The scarcity which you have felt would have been a
desolating famine ; if this child of your old age, with :
a true filial piety, with a Roman charity, had not put
the full breast of its youthful exuberance to the mouth
of its exhausted parent.
As to the wealth which the colonies have drawn
from the sea by their fisheries, you had all that matter
fully opened at your bar. You surely thought those
acquisitions of value* for they seemed even to excite
your envy ; and yet the spirit, by which that enter-
VOL. I. R

122 MR. BURKE'S SPEECH ON
prising employment has been exercised,, ought rather,
in my opinion, to have raised your esteem and admi
ration. And pray, sir, what in the world is equal to
it ? Pass by the other parts, and look at the manner
in which the people of New England have of late car
ried on the whale fishery. Whilst we follow them
among the tumbling mountains of ice, and behold
them penetrating into the deepest frozen recesses of
Hudson's Bay, and Davis's Streights, whilst wc are
looking for them beneath the artick circle we hear
that they have pierced into the opposite region of po
lar cold, that they are at the antipodes, and ,engaged
under the frozen serpent of the south. Falkland island,
which seemed too remote and romantick an object for
the grasp of national ambition, is but a stage and rest
ing place in the progress of their victorious industry.
Nor is the equinoctial heat more discouraging to
them, than the accumulated winter of both the poles.
We know that whilst some of them draw the line and
strike the harpoon on the coast of Africa, others run
the longitude, and pursue their gigantick game along
the coast of Brazil. ^No sea but what is vexed by
their fisheries. No climate that is not witness to their
toils. Neither the perseverance of Holland, nor the
activity of France, nor the dexterous and firm saga
city of English enterprise, ever carried this most
perilous mode of hardy industry to the extent to
which it has been pushed by this recent people ; a
people who are still, as it were but in the gristle, and not
yet hardened into the bone of manhood. When I
contemplate these things ; when I know that the colo
nies in general owe little or nothing to any care of
ours, and that they are not squeezed into this happy
form by the constraints of watchful and suspicious
government, but that through a wise and salutary ne
glect, a generous nature has been suffered to take her
own way to perfection ; when I reflect upon these
effects, when 1 see how profitable they have been to
us, I feel all the pride of power sink, and all presump
tion in the wisdom of human contrivances melt, and

CONCILIATION WITH AMERICA. 123
die away within me. My rigour relents. I pardon
something to the spirit of -liberty.
I am sensible, sir, that all which I have asserted in
my detail, is admitted in the gross ; but that quite a
different conclusion is drawn from it. America, gen
tlemen say, is a noble object. It is an object well
worth fighting for. Certainly it is, if fighting a peo-
pie be the best way of gaining them. Gentlemen in
this respect will be led to their choice of means by
their complexions and their habits. Those who un
derstand the military art, will of course have some
predilection for it. Those who wield the thunder pf
the state, may have more confidence in the efficacy of
arms. But I confess, possibly for want of this know
ledge, my opinion is much more in favour of prudent
management than of force; considering force not as
an odiOus, but a feeble instrument, for preserving a
people so'numerous, so active, so growing, so spirit
ed as this, in a profitable and subordinate connexion
with us.
First, sir, permit me to observe, that the use of
force alone is but temporary. It may subdue for a
moment; but it does not remove the necessity of
subduing again : and a nation is not governed which
is perpetually to be conquered.
My next objection is its uncertainty. Terrour is not
always the effect of force ; and an armament is not a
victory. If you do not succeed, you are without re
source ; for, conciliation failing, force remains ; but,
force failing, no further hope of reconciliation is left.
Power and authority are sometimes bought by kind
ness ; but they can never be begged as alms, by an
impoverished and defeated violence.
A further objection to force is, that you impair the
object by your very endeavours to preserve it. The
thing you fought for is not the thing which you reco
ver ; but depreciated, sunk, wasted, and consumed in
the contest. Nothing less will content me, than whole
America. I do not choose to consume its strength
along with our own ; because in all parts it is the Bri
tish strength that I consume. I do not choose to be

124 MR. burke's speech on
caught by a foreign enemy at the end of this exhaust
ing conflict ; and still less in the midst of it. I may
escape ; but I can make no ensurance against such an
event. Let me add, that I dp not choose wholly to
break the American spirit, because it is the spirit that
has made the country.
Lastly, we have no sort oi experience in favour of
force as an instrument in the rule of our colonies.
Their growth and their utility has been owing to me
thods altogether, different. Our ancient indulgence
has been said to be pursued to a fault. It may be so.
But we know, if feeling is evidence, that our fault
was more tolerable than our attempt to mend it ; and
our sin far more salutary than our penitence.
These, sir, are my reasons for not entertaining that
high opinion of untried force, by which many gen^
tlemen, for whose sentiments in other particulars I
have great respect, seem to be so greatly captivated.
But there is still behind a third consideration con
cerning this object, which serves to determine my
opinion on the sort of policy which ought to be pur
sued in the management of America, even more than
its population and its commerce, I mean its temper
and character.
In this character of the Americans, a love of free
dom is the predominating feature, which marks and
distinguishes the whole : and as an ardent is always a
jealous affection, your colonies become suspicious,
restive, and untractable, whenever they see the least
attempt to wrest from them by force, or shuffle from
them by chicane, what they think the only advantage
worth living for. This fierce spirit of liberty is stron-,
ger in the English colonies -probably than in any
other people of the earth ; and this from a great vari
ety of powerful causes ; which, to understand the true
temper of their minds, and the direction which this
spirit takes, it will not be amiss to lay open somewhat
more largely.
First, the people of the colonies are descendants of
Englishmen. England, sir, is a nation, which still, I
hope, respects and formerly adored her freedom. The

CONCILIATION WITH AMERICA. 125
colonists emigrated from you, when this part of your
character was most predominant ; and they took this
bias and direction the moment they parted from yOuT
hands. They are therefore not only devoted to liberty,
but to liberty according to English ideas, and on En
glish principles. Abstract liberty, like other mere
abstractions, is not to be found. Liberty inheres in
some sensible object ; and every nation has formed to
itself some favourite point,' which, by way of emi
nence, becomes the criterion of their happiness. It
happened, you know, sir, that the great contests for
freedom in this country were, from the earliest times,
chiefly upon the question of taxing. Most of the^on-
tests in the ancient commonwealths turned primarily
on the right of election of magistrates, or on the ba
lance among the several orders of the state. The
question of money was not with them so immediate.
But in England it was otherwise. On this point of
taxes the ablest pens, and most eloquent tongues,
have been exercised; the greatest spirits have acted
and suffered. In order to give the fullest satisfaction
concerning the importance Of this point, it was not
Only necessary for those who in argument defended
the excellence ofthe English constitution, to insist on
this privilege of granting money as a dry point of fact,
and to prove, that the right had been acknowledged
in ancient parchments, and blind usages, to reside in
a certain body called a house of commons. They
went much further ; they attempted to prove, and
they succeeded, that in theory it ought to be so, from
the particular nature of a house of commons, as an
immediate representative of the people, whether the
old records had delivered this oracle or not. They
took infinite pains to inculcate, as a fundamental prin
ciple, that, in all monarchies^ the people must in effect
themselves, mediately or immediately, possess the
power of granting their own money; or no shadow of
liberty could subsist. The colonies draw from you,
as with their life blood, these ideas and principles.
Their love of liberty, as with you, fixed and attached
on this specifick point of taxing. Liberty might be

126 MR. BURKE'S SPEECH ON
safe, or migl'-t be endangered in twenty other parti
culars, without their being much pleased or alarmed*
Here they felt its pulse ; and as they found that beat,
they thought themselves sick or sound. I do not say
whether they were right or wrong in applying your
general arguments to their own case. It is not easy
indeed to make a monopoly of theorems and corolla^
ries. The fact is, that they did thus apply those ge*
neral arguments ; and your mode of governing them,
whether through leriity or indolence, through wis
dom or mistake, confirmed them in the imagination,
that they, as well as you, had an interest in these com
mon principles.
They were further confirmed in this pleasing errour
by the form of their provincial legislative assemblies.
Their governments are popular in a high degree ;
some are merely popular ; in all, the popular repre
sentative is the most weighty ; and this share of the
people in their ordinary government never fails to in
spire them with lofty sentiments, and with a strong
aversion from whatever tends to deprive them of their
chief importance.
If any thing were wanting to this necessary opera
tion of the form of government, religion would have
given it a complete effect. Religion, always a prin
ciple of energy, in this new people, is no way worn
out or impaired ; and their mode of professing it is
also one main cause of this free spirit. The people
are protestants ; and of that kind, which is the most
adverse to all implicit submission of mind and opinion.
This is a persuasion not only favourable to liberty,
but built upon it. I do not think, sir, that the rea
son of this averseness in the dissenting churches from
all that looks like absolute government is so much to
be sought in their religious tenets, as in their history.
Every one knows that the Roman Catholick religion
is at least coeval with most of the governments
where it prevails ; that it has generally gone hand in
hand with them ; and received great favour and every
kind of support from authority. The church of En
gland too was formed from her cradle under the

CONCILIATION WITJS AMERICA. 127
nursing care of regular government. But the dis
senting interests have sprung up in direct opposition
to all the ordinary powers of the world ; and could
justify that opposition only on a strong claim to natu
ral liberty. Their very existence depended on the
powerful and unremitted assertion of that claim. All
protestantism, even the most cold and passive, is a
sort of dissent. But the religion most prevalent in
our northern colonies is a refinement on the principle
of resistance ; it is the diffidence of dissent ; and the
protestantism of the protestant religion. This reli
gion, under a variety of denominations, agreeing
in nothing but in the communion of the spirit of li-
liberty,' is predominant in most of the northern pro
vinces ; where the church of England, notwithstand
ing its legal rights, is in reality no more than a sort
of private sect, not composing most probably the
tenth of the people. The Colonists left England
when this spirit was high ; and in the emigrants was
the highest of all : and even that stream of foreigners,
which has been constantly flowing into these colonies,
has, for the greatest part, been composed of dissen
ters from the establishments of their several countries,
and have brought with them a temper and character
far from alien to that of the people with whom they
mixed. Sir, I can perceive by their manner, that some
gentlemen object to the latitude of this description ;
because in the southern colonies the church of En
gland forms a large body, and has a regular esta
blishment. It is certainly true. There is, however,
a circumstance attending these colonies, which, in
my opinion, fully counterbalances this difference,
and makes the spirit of liberty still more high and
haughty than in those to the northward. It is that in
Virginia and the Carolinas, they have a vast multitude
of slaves. Where this is the case in any part of the
world, those who are free, are by far the most proUd
and jealous of their freedom. Freedom is to them
not only an enjoyment, but a kind of rank and privi
lege. Not seeing there, that freedom, as in counr

128 MR. BURfSE's SPEECH ON
tries where it is a common blessing, and as broad
and general as the air, may be united with much abject
toil, with great misery, with all the exteriour of ser
vitude, liberty looks, amongst them, like something
that is more noble and liberal. I do not mean, sir,
to commend the superiour morality ofthis sentiment,
which has at least as much pride as virtue in it ; but
I cannot alter the nature of man. The fact is so ;
and these people of the southern colonies are much
more strongly, and with a higher and more stubborn
spirit, attached to liberty than those to the northward.
Such were all the ancient commonwealths ; such were
our Gothick ancestors : such in our days were the
Poles ; and such will be all masters of slaves, who
are not slaves themselves. In such a people the
haughtiness of domination combines with the spirit
of freedom, fortifies it, and renders it invincible.
Permit me, sir, to add another circumstance in
our colonies, which contributes no mean part to
wards the growth and effect of this untractable spirit.
I mean their education. In no country perhaps in
the world is the law so general a study. The pro
fession itself is numerous and powerful ; and in most
provinces it takes the lead. The greater number of the
deputies sent to congress were lawyers. But all who
read, and most do read, endeavour to obtain some
smattering in that science. I have been told by an
eminent bookseller, that in no branch of his business,
after tracts of popular devotion, were so many books
as those on the law exported to the plantations. The
colonists have now fallen into the way of printing
them for their own use. I hear that they have sold
nearly as many of Blackstone's Commentaries in
America as in England. General Gage marks out
this disposition very particularly in a letter on your
table. He states, that all the people in his govern
ment are lawyers, or smatterers in law ; and that in
Boston they have been enabled, by successful chicane
wholly to evade many parts of one of your capital .
penal constitutions. The smartness of debate will
say, that this knowledge ought to teach them more

CONCILIATION WITH AMERICA* 129
clearly the rights of legislature, their obligations to
obedience* and the penalties of rebellion. All this is
mighty well. But my honourable and learned friend*
on the floor, who condescends tb mark what I say for
animadversion, will disdain that ground. He has
heard, as well as I, that when great honours and great
emoluments do not win over this knowledge to the
service of the state, it is a formidable adversary to
government. If the spirit be not tamed and broken
by these happy methods, it is stubborn and litigious.
Abeunt studia in mores. This study renders men
acute, inquisitive, dexterous, prompt in attack, ready
in defence, full of resources. In other countries,
the people, more simple and ofa less mercurial cast,
judge of an ill principle in government only by an ac-
tual grievance. Here they anticipate the evil, and
judge of the pressure of the grievance by the badness
of the principle. They augur misgovernment at a
distance ; and snuff the approach of tyranny in every
tainted breeze.
The last cause of this disobedient spirit in the colo
nies is hardly less powerful than the rest, as it is not
merely moral, but laid deep in the natural constitu
tion of things. Three thousand miles of ocean lie
between you and them. No contrivance can prevent
the effect ofthis distance, in weakening government.
Seas roll, and months pass, between the order and
the execution ; and the want ofa speedy explanation
ofa single point, is enough to defeat a whole system.
You have, indeed, winged ministers of vengeance,
who carry your bolts in their pounces to the remotest
verge of the sea. But there a power steps in, that
limits the arrogance of raging passions and furious
elements, and says : " So far shalt thou go and no
further." Who are you, that should fret and rage,
and bite the chains of nature? Nothing worse happens
to you, than does to all nations, who have extensive
empire ; and it happens in all the forms into which
empire can be thrown. In large bodies, the cfrcula-
* The Attorney General.
VOL. I s

130 ME* BURKE'S SEEECH ON
tion of power must be less vigorous at the extremi
ties. Nature has said it. The Turk cannot govern
Egypt, and Arabia, and Curdistan, as he governs
Thrace ; nor has he the same dominion in Crimea
and Algiers, which he has at Brusa and Smyrna.
Despotism itself is obliged to truck and huckster.
The Sultan gets such obedience as he can. He go- •
verns with a loose rein, that he may govern at all ;
and the whole of the force and vigour of his authority
in his centre, is derived from a prudent relaxation in
all his borders. Spain, in her provinces, is, perhaps,
not so well obeyed as you are in yours. She com
plies too ; she submits ; she watches times. This is
the immutable condition, the eternal law, of extensive
and detached empire.
Then, sir, from these six capital sources of de
scent, of form of government, of religion in the
northern provinces, of manners in the southern, of
education, of the remoteness of situation from the
first mover of government ; from all these causes a
fierce spirit of liberty has grow n up. It has grown
with the growth of the people in your colonies, and
increased with the increase of their wealth ; a spirit,
that unhappily meeting with an exercise of power in
England, which, however lawful, is not reconeileable
to any ideas of liberty, much less with theirs, has
kindled this flame, that is ready to consume us.
I do not mean to commend either the spirit in this
excess, Or the moral causes which produce it. Per
haps a more smooth and accommodating spirit of
freedom in them would be more acceptable to us.
Perhaps ideas of liberty might be desired, more re
coneileable with an arbitrary and boundless authority.
Perhaps we might wish the colonists to be persuaded,
that their liberty is more secure when held in trust
for them by us, as guardians during a perpetual mino
rity, ihan with any part of it in their own hands. But
the question is, not whether their spirit deserves
praise or blame. What, in the name of God, shall we
dp with it? You have before you the object, such
as it is* with all its glories, with all its imperfections on

CONCILIATION WITH AMERICA. 131
its head. , You see the magnitude, the importance,
the temper, the habits, the disorders. By all these
considerations, we are strongly, urged to determine
something concerning it. We are called upon to fix
some rule and line for our future conduct, which
may give a little 'stability to our politicks, and prevent
the return of such unhappy deliberations as the pre
sent. Every such return will bring the matter before
us in a still more untractable form. For, what asto
nishing and incredible things have we not seen alrea
dy ? What monsters have not been generated from
this unnatural contention ? Whilst everyr principle of
authority and resistance has been pushed, upon both
sides, as far as it would go, there is nothing so solid
and certain, either in reasoning or in practice, that
has not been shaken, Until, very lately, all authority
in America seemed to be nothing but an emanation
from yours. Even the popular part of the colony-
constitution derived all its activity, and its first vital
movement, from the pleasure of the crown. We
thought, sir, that the utmost which the discontented
colonists could do, was to disturb authority. We ne
ver dreamt they could of themselves supply it, know
ing in general what an operose business it is, to esta
blish a government absolutely new. But having, for
our purposes in this contention, resolved, that none
but an obedient assembly should sit, the humours of
the people there, finding all passage through the legal
channel stopped, with great violence broke out ano
ther way. Some provinces have tried their experi
ment, as we have tried ours ; and theirs has succeeded.
They have formed a government sufficient for its
purposes, without the bustle of a revolution, or the
troublesome formality of an election. Evident neces
sity, and tacit consent, have done the business in an
instant. So well they have done it, that Lord Dun-
more (the account is among the fragments on your
table) tells you, that the new institution is infinitely
better obeyed than the ancient government ever was
in rts most fortunate periods. Obedience is what
makes government, and not the names by which it is

132 MR. BURKE'S SPEECH ON
t
called; not the name of governour, as formerly, or
committee, as at present. This new government has
originated directly from the people ; and was not
transmitted through any of the ordinary artificial me
dia of a positive constitution. It was not a manufac
ture ready formed, and transmitted to them in that
Condition from England. The evil arising from hence
is this ; that the colonists having once found the pos
sibility of enjoying the advantages of order, in the
midst of a struggle for liberty, such struggles will
not henceforward seem so terrible to the settled and
sober part of mankind, as they had appeared before
the trial.
Pursuing the same plan of punishing by the denial
of the exercise of government to still greater lengths,
we wholly abrogated the ancient government of Mas
sachusetts. We were confident, that the first feeling,
if not the very prospect of anarchy, would instantly
enforce a complete submission. The experiment was
tried. A new, strange, unexpected face of things
appeared. Anarchy is found tolerable. A vast pro
vince has now subsisted, and subsisted in a consi-
derble degree of health and vigour, for near a twelve
month, without governour, without publick council,
without judges, without executive magistrates. How
long it will continue in this state, or what may arise
out of this unheard-of situation, how can the wisest
of us conjecture ? Our late experience has taught us,
that many of those fundamental principles, formerly
believed infallible, are either not of the importance
they were imagined to be ; or that we have not at
all adverted to some other far more important,
and far more powerful principles, which entirely
overrule those we had considered as omnipotent.
I am much against any further experiments, which
tend to put to the proof any more of these allowed
opinions, which contribute so much to the publick
tranquillity. In effect, we suffer as much at home,
by this loosening of all ties, and this concussion
of all established opinions, as we do abroad. For,
in order to prove that the Americans have no right

CONCILIATION WITH AMERICA. 13$
to their liberties, we are every day endeavouring to
subvert the maxims which preserve the whole spi
rit of our own. To prove that the Americans
ought not to 'be free, we are obliged to depreci
ate the value of freedom itself; and we never seem
to gain a paltry advantage over them in debate,
without attacking some of those principles, or de
riding some of those feelings, for which our ances
tors have shed their blood.
But, sir, in wishing to put an end to pernicious
experiments, I do not mean to preclude the fullest
inquiry. Far from it. Far from deciding ona sud
den or partial view, I Would patiently go round and
round the subject, and survey it minutely in every
possible aspect. Sir, if I were capable of engaging
you to an equal attention, I would state, that, as far as
I am capable of discerning, there are but three ways
of proceeding relative to this stubborn' spirit, which
prevails in your colonies, and disturbs your govern
ment. These are — to change that spirit, as incon
venient, by removing the causes; to prosecute it
as criminal; or, to comply with it as necessary. I
would not be guilty of an imperfect enumeration. I
can think pf but these three. Another has indeed
been started, that of giving up the colonies; but it
met so slight a reception, that I do not think myself
obliged to dwell1 a great while upon it. It is nothing
but a little sally of anger, like the frowardness of pee
vish children, who, when they cannot get all they
would have, are resolved to take nothing.
The first of these plans, to change the spirit as in
convenient, by removing the causes, I think is the
most like a systematick proceeding. It is radical in
its principle ; but it is attended with great difficulties,
some of them little short, as I conceive, of impossibi
lities. This will appear by examining into the plans
which have been proposed.
As the growing population of the colonies is evi
dently one cause of their resistance, it was last session
mentioned in both houses, by men of weight, and
received, not without applause, that, in order to check

134 MR. burke's speech qn
this evil, it would be proper for the crown to make
no further grants of land. But to this scheme, there
are two objections. The first, that there is already,
so much unsettled land in private hands, as to afford
room. for an immense future population, although; the
crown not only withheld its grants, but annihilated its
soil. If this be the case, then the only effect of this
avarice of desolation, this hoarding of a royal wil
derness, would be to raise the value pf the possessions
in the hands of the great private monopolists, without
any adequate check to the growing apd alarming mis
chief of population.
But if you stopped your grants, what would be
the consequence ? The people would occupy without
grants. They have already so occupied in many pla
ces. You Cannot station garrisons in every part of
these deserts. If you drive the people from one
place, they will carry on their annual tillage, and re
move with their flocks and herds to another. Many
of the people in the back settlements are already little
attached to particular situations. Already they have
topped the Apalachian mountains. From thence they
behold before them an immense plain, one vast, rich,
level meadow ; a square of five hundred miles. Over
this they would wander, without a possibility of re
straint ; they would change their manners with the
habits of their life ; ' would soon forget a government
by which they were disowned ; would become hordes
of English Tartars; and pouring down upon your
unfortified frontiers a fierce and irresistible cavalry,
become masters of your governours and your coun
sellors, your collectors and comptrollers, and of all
the slaves that adhered to them. Such would, and in
no long time must be, the effect of attempting to for
bid as a crime, and to suppress as an evil, the com
mand and blessing of Providence, "Increase and
multiply." Such would be the happy result of an
endeavour to keep as a lair of wild beasts, that earth,
which God, by an express charter, has given to the
children of men. Far different, and surely much
Wiser, has been our policy hitherto. Hitherto we

CONCILIATION WITH AMERICA 135
have invited our people by every kind of bounty, to
fixed establishments. We have invited the husband
man to look to authority for his title. We have
taught hini piously to believe in the mysterious vir
tue of wax and parchment. We have thrown each
tract of land, as it was peopled, into districts, that
the ruling power should never be wholly out of sight.
We have settled all we could ; and we have Carefully
attended every settlement with government.
Adhering, sir, as I do, to this policy, as well as
for the reasons I have just given, I think this new
project of hedging in population to be neither pru
dent nor practicable.
To impoverish the colonies in general, and in par
ticular to arrest the noble course of their marine
enterprises, would be a more easy task. I freely
confess it. We have shown a disposition to a system
of this kind ; a disposition even to continue the re
straint after the offence, looking on ourselves as
rivals to our colonies, and persuaded that of course
we must gain all that they shall lose. Much mis
chief we may certainly do. The power inadequate
to all other things is often more than sufficient, for
this. I do not look on the direct and1 immediate
power of the colonies to resist our violence, as very
formidable. In this, however, I may be mistaken.
But when I consider, that we have colonies for no
purpose but to be, serviceable to us, it seems to my
poor understanding a little preposterous, to make
them unserviceable, in order to keep them obedient.
It is, in truth, nothing more than the old, and, as I
thought, exploded problem of tyranny, which pro
poses to beggar1 its subjects into submission. But,
remember, when you have completed your system
of impoverishment, that nature still proceeds in her
ordinary course ; that discontent will increase with
misery ; and that there are critical moments ih the
fortune of all states, when they7, who are too weak
to contribute to your prosperity, may be strong
enough to complete your ruin. Spoliatis arma su
persunt. '

136 MR. BURKE'S SPEECH ON
The temper and character, which- prevail in our
colonies, are, I am afraid, unalterable by any hu
man art. We cannot, I fear, falsify the pedigree of
this fierce people, and persuade them that they are
not sprung from a nation, in whose veins the blood
of freedom circulates. The language in which they
would hear you tell them this tale, would detect the
imposition. Your speech would betray you. An
¦ Englishman is the unfittest person on earth to argue
another Englishman into slavery.
I think it is nearly as little in our power to change
their republican religion, as their free descent ; or to
substitute the Roman Catholick as a penalty, or the
church of England as an improvement. The mode
of inquisition and dragooning is going out of fashion
in the old world ; and I should not confide much to
their efficacy in the new. The education of the
Americans is also on the same unalterable bottom with
their religion. You cannot persuade them to burn
their books of curious science ; to banish their lawyers
from their courts of law ; or to quench the lights of
their assemblies, by refusing to choose those persons
who are best read in their privileges. It would be
no less impracticable to think of wholly annihilating
the popular assemblies, in which these lawyers sit,
The army, by which we must govern in their place,
would be far more chargeable to us ; not quite so
effectual ; and perhaps, in the end, full as difficult
to be kept in obedience.
With1 regard to the high aristocratick spirit of Vir
ginia and the southern colonies, it has been proposed,
I know, to reduce it, by declaring a general enfran
chisement of their slaves. This project has had its
advocates and panegyrists ; yet I never could argue
myself into an opinion of it. Slaves are often much
attached to their masters. A general wild offer of
liberty, would not always be accepted. History fur
nishes few instances of it. It is sometimes as hard
to persuade slaves to be free, as it is to compel free
men to be slaves ; and in this auspicious scheme,
we should have both these pleasing tasks on our

CONCILIATION WITH AMEKiCA* 13?
hands at onCe. But when we talk of enfranchisinent,
do' we not perceive that the American master may
enfranchise too ; and arm servile hands in defence Of
freedom? A measure to which other people have
had recourse more than once, and not without suc
cess, in a desperate situation of their affairs.
Slaves as these unfortunate black people are, and
dull as all men are from slavery, must they npt a little
suspect the offer of freedom from that very nation
which has sold them to their present masters ? From
that nation, one of whose causes of quarrel with those
masters, is their refusal to deal any more in that inhu
man traffick ? An offer of freedom from England,
Would come rather oddly, shipped to them in an
African vessel, which is refused an entry into the
ports of Virginia or Carolina, with a cargo of three -.
hundred Angola negroes. It would be curious to
see the Guinea captain attempt at the same instant to
publish his proclamation of liberty, and to advertise
his sale of slaves.
But let us suppose all these moral difficulties got
over. The ocean remains. You cannot pump this
dry ; and as long as it continues in its present bed,
so long all the causes which weaken authority by dis
tance will continue. " Ye gods, annihilate but space
and time, and make two lovers happy !" — was a
pious and passionate prayer ;; — but just as reasonable,
as many of these serious wishes of very grave and so- ,
lemn politicians.
If then, sir, it seems almost desperate to think of
any alterative course, for changing the moral causes
(and not quite easy to remove the natural) which pro-
. dtice prejudices irreconcileable to the late exercise of
our authority ; but that the spirit infallibly will Con
tinue ; and, continuing, will produce such effects, as
now embarrass us ; the second mode under consider
ation is, to prosecute that spirit in its overt acts, as
criminal. ' *
At this proposition I must paifse a moment. The
thing seems a great deal too big for my ideas of juris
prudence. It should seem, to my way of conceiving
VOL. I. t

138 MR. BURKE'S SPEECH ON
such matters, that there is a very wide difference in
reason and policy, between the mode of proceeding
on the irregular conduct of scattered individuals, or
even of bands of men, who disturb order within the
state, and the civil distentions which may, from time
to time, on great questions, agitate the several com
munities which compose a great empire. It looks to
me to be narrow and pedantick, to apply the ordinary
ideas of criminal justice to this great publick contest.
I do not know the method of drawing up an indict
ment against a whole people. I camiot insult and
ridicule the feelings of millions_of my fellow creatures,
as sir Edward Coke insulted one excellent indivi
dual* at the bar. I am not ripe to pass sentence
on the gravest publick bodies, intrusted with ma
gistracies of great authority and dignity, and charged
with the safety of their fellow citizens, upon the very
same title that I am. I really think, that for wise
men, this is not judicious ; for sober men, not de
cent ; for minds tinctured with humanity, not mild
arid merciful.
Perhaps, sir, I am mistaken in my idea of an em
pire, as distinguished from a single state or kingdom.
But my idea of it is this ; that an empire is the aggre
gate of many states, under one common head, whe
ther this head be a monarch, or a presiding republick.
It does, in such constitutions, frequently happen (and
nothing but the dismal, cold, dead uniformity of ser
vitude can prevent its happening) that the subordinate
parts have many local privileges and immunities.
Between these privileges, and the supreme common
authority, the line may be extremely nice. Of* course
disputes, often too, very bitter disputes, and much ill
blood, will arise. But though every privilege is an
exemption, in the case, frorii the ordinary exercise of
the supreme authority, it is no denial of it. The
claim of a privilege seems rather, ex vi termini, to
imply a superiour power. For to talk of the privi
leges ofa state or of* a person, who has no superiour,
* Sir Walter Raleigh.

CONCILIATION WITH AMERICA. 139
is hardly any better than speaking nonsense. Now,
in such unfortunate quarrels, among the component
parts of a great political union of communities, I can
scarcely conceive any thing more completely impru
dent, than for the head of the empire to insist, that, if
any privilege is pleaded against his will, or his acts,
that his whole authority is denied ; instantly to pro
claim rebellion, to beat to arms and to put the offend
ing provinces under the ban. Will not this, sir, very
soon teach the provinces to make no distinctions ori
their part ? Will it not teach them that the govern
ment, against Which a claim of liberty is tantamount
to high treason, is a government to which submission
is equivalent to slavery? It may not always be quite
convenient to impress dependent communities with
such an idea.
We are, indeed, in all disputes with the colonies, by
the necessity of things, the judge, It is true, sir,
but I confess that the character of judge in my own
cause, is a thing that frightens me. Instead of filling
me with pride, I am exceedingly humbled by it. • I
cannot proceed with a stern, assured, judicial confi
dence, until I find myself in something more like a
judicial character. I must have these hesitations as
long as I am compelled to recollect, that, in my little
reading upon such contests as these, the sense of" man
kind has, at least, as often decided against the superi
our as the subordinate power. Sir, let me add too,
that the opinion of my having some abstract right in
my favour would not put me much at my ease in pas
sing sentence, unless I could be sure that there
were no rights which, in their exercise under certain
circumstances, were not the most odious of all wrongs,
and the most vexatious of all injustice. Sir, these
considerations have great weight with me, when I
find things so circumstanced, that I see the same
party, at once a civil litigant against me in point of
right, and a culprit before me ; while I sit as criminal
judge, on acts of his, whose moral quality is to be de
cided on upon the merits of that very litigation. Men
are every now and then put, by the complexity of

140 MR. BURKE'S speech on
human affairs, into strange situations ; but justice is
the same, let the judge be in what situation he will.
There is, sir, also a circumstance which convinces
me, that this mode of criminal proceeding is not, at
least in the present stage of our contest, altogether
expedient; which is nothing less than the conduct of
thpse very persons who have seemed to adopt that
mode, by lately declaring a rebellion in Massachus-
sets Bay, as they had formerly addressed to have
traitors brought hither under an act of Henry the
Eighth, for trial. For though rebellion is declared,
jt is not proceeded against as such ; nor have any
steps been taken towards the apprehension or convic
tion of any individual offender, either on our late or
our former address ; but modes of publick coercion
have been adopted, and such as have much more re
semblance to a sort of qualified hostility towards an
independent power than the punishment of rebellious
subjects. AH this seems rather inconsistent ; but it
shows how difficult it is to apply these juridical ideas
to our present case.
Ip this situation, let us seriously and coolly pon
der. What is it we haye got by all our menaces,
which have been many and ferocious ? What advan
tage have we derived from the penal laws we have
passed, and which, for the time, have been severe and
numerous ? What advances have we made towards
our object, by the sending of a force, which, by land
and sea, is no contemptible strength ? Has the disor
der abated? Nothing less.-r— When I see things in
this situation, after such confident hopes, bold -pro*
mises, and active^ exertions, I cannot, for my life,
avoid a suspicion, that the plan itself is not cor
rectly right.
If then the removal of the causes of this spirit of
American liberty be, for the greater part, or rather
entirely, impracticable ; if the ideas of criminal pro
cess be inapplicable, or, if apnjicable, are in the high
est degree inexpedient, what way yet remains? No
way is open, but the third, and last— to comply with

CONCILIATION WITH AMERICA. 141
the American spirit as necessary, or, if you please, to
submit to it as a necessary evil.
If we adopt this mode, if we mean to conciliate
and concede, let us see of what nature the concession
ought to be. To ascertain the nature of our concession,
we must look at their complaint. The colonies com
plain, that they have not the characteristick mark and
seal of British freedom. They complain, that they
are taxed in parliament, in which they are not repre
sented. If you mean to satisfy them at all, you must
satisfy them with regard to this complaint. If you
mean to please any people, you must give them the
boon which they ask ; not what you may think better
for them, but ofa kind totally different. Such an act
may be a wise regulation, but k is no concession;
whereas our present theme is the mode of giving sa
tisfaction. - Sir, I think you must perceive, that I am resolved
this day to have nothing at all to do with the question
of the right of taxation. Some gentlemen startle — but
it is true. I put it totally out of the question. It is
less than nothing in my consideration. I do not in
deed wonder, nor will you, sir, that gentlemen of
profound learning are fond of displaying it on this pro
found subject. But my consideration is narrow,
confined, and wholly limited to the policy of the
question., I do not examine, whether the giving
away a man's money be a power excepted and re
served out of the general trust of government ; and
how far all mankind, in all forms of polity, are enti
tled to an exercise of that right by the charter of
nature. Or whether, on the contrary, a right of tax
ation is necessarily involved in the general principle
of legislation, and inseperable from the ordinary su
preme power. These are deep questions, where
great names militate against each other ; where reason
is perplexed ; and an appeal to authorities only thickens
the confusion. For high and reverend authorities
lift up their heads on both sides; aud there is no sure
footing in the middle. This point is the great Ser-
bonianbog, betwixt Damiata and Mount Casius old,

142 MR. BURKE'S SPEECH ON
where armies whole have sunk. I do not intend to
be overwhelmed in that bog, thpugh in such respec
table company. The question with me is, not whe
ther you have a right to render your people miserable ;
but whether it is not your interest to make them hap
py. It is not, what a lawyer tells me, I may do ; . but
what hurnanity, reason, and justice, tell me, I ought
to do. Is a politick act the worse for being a gene
rous one ? Is no concession proper, but that which is
made from your want of right to keep what you grant?
Or does it lessen the grace or dignity of relaxing in
the exercise of an odious claim, because you have
your evidence room full of titles, and your magazines
stuffed with arms to enforce them ? What signify all
those titles, and all those arms ? Of what avail are
they, when the reason of the thing tells me, that the
assertion of my title is the loss of my suit ; and that I
could do nothing but wound myself by the use of my
own weapons ?
Such is stedfastly my opinion ofthe absolute neces
sity of keeping up the concord of this empire by a
unity of spirit, though in a deversity of operations,
that, if I were sure the colonists had, at their leaving
this country, sealed a regular compact of servitude ;
that they had solemnly abjured all the rights of citi
zens ; that they had made a vow to renounce all ideas
of liberty for them and their posterity to all genera
tions, yet I should hold myself obliged to conform to
the temper I found universally prevalent in my own
day, and to govern two millions of men, impatient
of servitude, on the principles of freedom. I am not
determining a point of law. I am restoring tranquil
lity;^ and the general character and situation ofa
people must determine what sort of government is
fitted for them. That point nothing else can or ought
to determine. p
My idea, therefore, without- considering whether
we yield as matter of right, or grant as matter of fa
vour, is to admit the people of our colonies into an
interest in the constitution ; and, by recording that
admission in the journals^of parliament, to give them

CONCILIATION WITH AMERICA. 143
as strong an assurance as the nature of the thing will
admit, that we mean forever to adhere to that solemn
declaration of systematick indulgence.
Some years ago, the repeal ofa revenue act, upon
its understood principle, might have served to show,
that we intended an unconditional abatement of the
exercise of a taxing power. Such a measure was
then sufficient to remove; all suspicion, and to give
perfect content. But unfortunate events, since that
time, may make something further necessary, and
not more necessary for the satisfaction of the colo
nies, than for the dignity and consistency of our own
future proceedings.
I have taken a very incorrect measure ofthe dispo
sition ofthe house, if this proposal in itself would be
received with dislike. I think, sh% we have few Ame
rican financiers. But our misfortune is, we are too
acute, we are too exquisite in our conjectures of the
future, for men oppressed with such great and present
evils. The more moderate among the opposers of
parliamentary concession freely confess, that they
hope no good from taxation ; but they apprehend the
colonists have further views ; and if this point were
conceded, they would instantly attack the trade laws.
These gentlemen are convinced, that this was the
intention from the beginning. And the quarrel of
the Americans with taxation was no more than a
cloak and cover to this design. Such has been the
language even of a gentleman * of real moderation,
and of a natural temper well adjusted to fair and equal
government.. I am, however, sir, not a little^ sur
prised at this kind of discourse, whenever I hear it;
and I am the more surprised, on account of the ar
guments which I constantly find in company with it,
and which are often urged from the same mouths, and
on the same day. «•
For instance, when we allege, that it is against
reason to tax a people under so many restraints in
trade as the Americans, the noble lord t in the blue
* Mr. Rice. • t Lord North

144 MR. BURKE'S SPEECH ON
ribband shall tell you, that the restraints on trade are
futile and useless; of no advantage to us, and of no
burthen to those on whom they are imposed; that
the trade of America is not secured by the acts of na
vigation, but by the natural and irresistible advantage
of a commercial preference.
Such is the merit of the trade laws in this posture
ofthe debate. But when strong internal circumstan-
stances are urged against the taxes ; when the scheme
is dissected ; when experience and the nature of
things are brought to prove, and do prove, the utter
impossibility of obtaining an effective revenue from
the colonies ; when these things are pressed, or ra
ther press themselves, so as to drive the advocates of
colony taxes to a clear admission of the futility ofthe
scheme ; then, sir, the sleeping trade laws revive from
their trance ; and this useless taxation is to be kept
sacred, not for its own sake, but as a counterguard
and security of the laws of trade.
Then, sir, you keep up revenue laws which are
mischievous, in order to preserve trade laws that are
useless. Such is the wisdom of our plan in both its
members. They are separately given up as of no
value, and yet one is always to be defended for the
sake of the other. But I, cannot agree with the noble
lord, nor with the pamphlet from whence he seems to
have borrowed these ideas, concerning the inutility of
the trade laws. For, without idolizing them, I am
sure they are still, in many ways, of great use to us;
and in former times, they have been ofthe greatest.
They do confine, and they do greatly narrow the mar
ket for the Americans. But my perfect conviction of
this, does not help me' in the' least to discern how the
revenue laws form any security whatsoever to the
commercial regulations; or that these commercial
regulations are the true ground of the quarrel ; or,
that the giving way in any one instance of authority,
is to lose all that may remain unconceded.
One fact is Clear and indisputable. The publick
and avowed origin of this quarrel, was on taxation.
This quarrel has indeed brought on new disputes on

CONCILIATION WITH AMERICA. 145
new questions ; but certainly the least bitter, and the
fewest of all, on the trade laws. To judge which of
the two be the real radical cause of quarrel, we have
to see whether the commercial dispute did, in order
of time precede the dispute on taxation ? There is not
a shadow of evidence for it. Next, to enable us to
judge whether, at this moment a dislike to the trade
laws be the real Cause of quarrel, it is absolutely ne
cessary to put the taxes out of the question by a re
peal. See how the Americans act in this position,
and then you will be able to discern correctly what is
the true object- of the controversy, or, whether any
controversy at all will remain ? Unless you consent to
remove this cause of difference, it is ; impossible, vritii
decency, to assert that the dispute is pot upon what
, it is avowed to he. And I wpuld,! sir, recommend to
your serious consideration, whether it be prudent to
form a rule for punishing people, not on their own
acts, but on your conjectures ? Surely }t is preposte
rous at the very best. It is not justifying your, anger,
by their misconduct; but it is converting your ill
will into their delinquency.
But the colonies will go further.- — Alas! alas!
when will this speculating against fact and reason end?
What will quiet these panick fears which we enter
tain ofthe hostile effect ofa conciliatory conduct? Is
it true, that no case cah exist, in which it is proper
for the sovereign to accede to the desires of his dis
contented subjects ? Is there any thing peculiar in
this case, to make a rule for itself? Is all authority of
course lost, when it is not pushed to the extreme ? Is
it a certain maxim, that, the fewer causes of dissatis
faction are left by government, the more the subject
will be inclined to resist and rebel?
All these objections being in fact no more than
suspicions, conjectures, divinations, formed in defi
ance of fact and experience, they did not, sir, dis-
. courage me from entertaining the idea of a concilia
tory concession, founded on the principles which I
have just stated.
vol. i. U

146 UR. SURKE'S SPEECH ON
- In formirig;a plan for this purpose, I endeavoured
to put myself in that frame of mind, which was the
most natural, and the most reasonable; and which
was certainly the most probable means of securing me
from all erroUr. I set out with a perfect distrust Of
my own abilities ; a total renunciation Of every specu
lation of my own ; and with a profound reverence for
the wisdom of our ancestors, who have left us the
inheritance of so happy a constitution, and so flourish
ing an empire, and what is a thousand times more
valuable, the treasury Pf the maxims and principles
which formed the one, ahd obtained the other.
During the reigns ofthe kings Of Spain of the Aus
trian family, Whenever they were at a loss in the
Spanish councils, it was common for their statesmen
to say* that they ought to consult the genius of Philip
the Second. The genius of Philip the Second might
mislead them ; ahd the issue_ of their affairs showed,
that they had not chosen .the most perfect standard.
But, sir, I am sure that I shall not be misled, when,
in a case of constitutional difficulty, I consult the ge
nius of the English constitution. Consulting at that
oracle (it was with all due humility and piety) I found
four capital examples in a similar case before me :
those of Ireland, Wales, Chester, and Durham.
Ireland, before the English conquest, though never
governed by a despotick power, had no parliament.
How far the English parliament itself was at that time
modelled according to the present form, is disputed
among antiquarians. But we have all the reason in
the world to be assured, that a form of parliament,
such as England then enjoyed, she instantly commu
nicated to Ireland ; and we are equally sure that aU
most every successive improvernent in constitutional
liberty, as fast as it Was made here, was transmitted
thither. The feudal baronage, and the feudal knight
hood, the roots of our primitive constitution, were
early transplanted into that soil ; and grew and flou
rished there* Magna Charta, if it did not give us
originally the house of commons, gave us, at least, a
house of commons of weight and consequence. But

CONCILIATION WITH AMERICA. 147
your ancestors did not churlishly sit down alone to
the feast of Magna Charta, Ireland was made imme
diately a partaker. This benefit of English laws and
liberties, I confess, was not at first extended to q\l
Ireland. Mark the consequence. English authority
and English liberty had exactly the same boundaries.
Your standard could never be advanced an inch be
fore your privileges. Sir John Davis shows beyond
a doubt, that the refusal of a general communication
of these rights, was the true cause why Ireland was
five hundred years in subduing ; and after the vain
projects of a military government, attempted in the
reign of queen Elizabeth, it was soon discovered, that
nothing could make that country English, in qvility
and allegiance, but your laws and your forms of legis
lature. It was not English arms, but the English
constitution, that conquered Ireland. From that
time, Ireland has ever had, a general parliament, as
She had before a partial parliament. You changed
the pepple ; you altered the religion ; but you never
touched thp form or the vital substance of free go-
¦Prnment in that kingdom. You deposed kings ;
you restored them; you altered the succession to
theirs, as well as to your own crown ; but you never
altered their, constitution ; the principle of which was
respected by .usurpation; restored^ with the restora
tion of monarchy, and established,, I trust, for ever,
by the glorious revolution. This has made Ireland
the great and flourishing kingdom that it is; and
from a disgrace and a burthen intolerable to this na
tion, has rendered her a principal part of our strength
and ornament. This country cannot be said to have
ever formally taxed her. The irregular things done
in the confusion of mighty troubles, and on the hinge
pf great revolutions, even if all were done that is sai$
to have been done, form no example, If they have
any effect in argument, they rnake an exception to
prove the rule. None of your own libertjes cpuld
stand a moment if the casual deviations from them, at
such times, were suffered to be used as propfs of their
nullity. By the lucrative amount of such casual

J48 MR. BURKE'S SPEECH ON
breaches in the constitution, judge what the stated
and fixed rule of supply has been in that kingdom.
Your Irish pensioners would starve, if they had no
other fund to live on than taxes granted by English
authority. Turn your eyes to those popular grants
from whence all your great supplies are come ; and
learn to respect that only source of publick wealth in
the British empire. ,
My next example is Wales. This country was
said to bp reduced by Henry the Third. It was said
more truly to be so by Edward the First. But though
then conquered, it was not looked upon as any part
of the realm of England. Its old constitution, what
ever that might have been, was destroyed, and no
good one was substituted in its place. • The care of
that tract was put into the hands of lords marchers
- — a form of government of a very singular kind ; a
strange heterogeneus monster, something between
hostility and government ; perhaps it has a sort of re
semblance, according to the modes of those times, to
that of commander in chief at present, to whom alL
civil power is granted as secondary. The manner^
of the Welsh nation followed the genius ofthe govern
ment. The people wem ferocious, restive, savage,
and uncultivated ; sometimes composed, never paci
fied. Wales within itself, was in perpetual disorder ;
and it kept the frontier of England in perpetual
alarm. Benefits from it to the state, there were none.
Wales was only known to England by incursion and
invasion. Sir, during that state of things, parliament was not
idle. They attempted to subdue the fierce spirit of
the Welsh by all sorts of rigorous laws. They pro
hibited by statute the sending all sorts of arms into
Wales, as you prohibit by proclamation (with some
thing more of doubt on the legality) the sending arms
to America. They disarmed the Welsh by statute,
as you attempted (but still 'with more question,on the
legality) to disarm New England by an instruction.
They made an act to drag offenders from Wales into
England for trial, as you have done (but with more

CONCILIATION WITH AMERICA. 149
hardship) with regard to America. By another act,
where one of the parties was ah Englishman, they
ordained, that his trial should be always by English,
They made acts tp restrain trade, as you do; and
they prevented the Welsh from the use of fairs and
markets, as you do the Americans from fisheries and
foreign ports. In short, when the statute book was
not quite so much swelled as it is now., you find no
less than fifteen acts of penal regulation on the subject
of Wales.
Here we rub our hands. — A fine body of prece
dents for the authority of parliament and the use of it!
I admit it fully ; and pray add likewise to these prece
dents, that all the while, Wales rid this kingdom like
an incubus ; that it was an unprofitable and oppressive
burthen ; and that an Englishman travelling in that
country could not go six yards from the high road
without being murdered. '',
The march of the human mind is slow. Sir, it was
not, until after two hundred years, discovered, that
by an eternal law, Providence had decreed vexation
to violence, and poverty to rapine. Your ancestors
did however at length, open their eyes' to the ill hus
bandry of injustice. They found that the tyranny of
a free people could of all tyrannies the least be en
dured; and that laws made' against a whole nation
were not the most effectual methods for securing its
obedience. Accordingly, ih the twenty-seventh year
of Henry VIII, the course was entirely altered. With
a preamble stating the entire and perfect rights of the
Crown of England, it gave to the Welsh all the rights
and privileges of English subjects. A political order
was established ; the military power gave Way to the
civil ; the marches were turned into counties. But
that a nation should have a right to English liberties,
and yet no share at all in the fundamental security of
these liberties, the grant of their own property, seem
ed a thing so incongruous, that eight years after, that
is, in the thirty-fifth of that reign, a complete and not
ill proportioned representation by counties and bo
roughs Was bestowed upon Wales, by act of parlia-

J50y > MR. BURKE'S SPEEqH ON
ment. From that moment, as by a charm, the tu
mults subsided; obedience was restored; peace,
order, and civilization followed in the train of liberty.
When the day star of the English constitution had
arisen in their hearts, all was harmony within and
without-— Simul alba nautis
Stellg, refulsit,
JOefiuit saxis agitatus humor :
Concidunt vend, fugiuntquenubes :
Et minax (quod sic voluere} panto
Unda recumbit.
The very same year the county palatine of Chester
received the same relief from its oppressions, and the
sanie remedy to its disorders. Before thjs time Chesr
ter was little less distefnpered than Wales. The in
habitants, without rights themselves, were the fittest
to destroy the rights of others; and from thence
Richard II. drew the standing army of archers, with
which for a time he oppressed England. The people
of Chester applied to parliament in a petition penned
as I shall read to you.
" To the king our sovereign ford, in most humble
wise shown unto your excellent majesty, the inhabi
tants of your grace's county palatine of Chester ; That
Where the said county palatine of Chester is and hath
been always hitherto exempt, excluded and separated
out, and from your high court of parliament, to have
any knights and burgesses within the said court ; by
reason whereof the said inhabitants have hitherto sus
tained manifold disherisons, losses and damages, as
well in their lands, goods, arid bodies, as in the good,
civil, and politick governance and maintenance ofthe
commonwealth of their said country : (2.) And for as
much as the said inhabitants have always hitherto
been bound by the acts and statutes made and or
dained, by your said highness, and your most noble
progenitors, by authority of the said court, as far
forth as other counties, cities, and boroughs have
been, that have had their knights and burgesses with
in your said court of parliament, and yet have had

CONCILIATION WITH AMERICA. 151
neither knight ne burgess there for the said county
palatine; the said inhabitants, for lack thereof, have
been oftentimes touched and grieved with acts and
statutes made within the said court, as well deroga
tory unto the most ancient jurisdictions^ liberties, and
privileges of your said county palatine, as prejudicial
unto the common wealth, quietness, rest, and peace
of your grace's most bounden subjects inhabiting
within the same."
What did parliament with this audacious address?
Reject it as a libel? Treat it as an affront to govern
ment? Spurn it as a derogation from the rights of
legislature? Did they toss it over the table? Did
they burn it by the hands of the common hangman ?
They took ifee petition of grievance, all rugged as it
was, without softening or temperament, unpurged of
the original bitterness and indignation of complaint ;
they made it the very preamble to their act of redress;
and consecrated its principle to all ages in the sanctu
ary of legislation.
Here is my third example. It was attended with
the success of the two former. Chester, civilized as
well as Wales, has demonstrated that freedom and
not servitude is the cure of anarchy ; as religion, and
not atheism, is the true remedy for superstition. Sir,
this pattern of Chester was followed in the reign of
Charles II. with (regard to the county palatine of Dur
ham, which is my fourth example. This county had
long lain out ofthe pale of free legislation. So scru
pulously was the example of Chester followed, that
the style of the preamble is nearly the same with that
of the Chester act ; and without affecting the abstract
extent of the authority of parliament, it recognises the
equity of hot suffering any considerable district in
which the British subjects may act as a body, to be
taxed without their own voice in the grant.
Now if the doctrines of policy contained in these
preambles, and the force of these examples in the acts
of parliament, avail any thing, what can be said against
applying them with regard to America ? Are not the
people of America as much Englishmen as the

152 MR. BURKE'S SPEECH ON
Welsh? The preamble of the act of Henry VIII.
says, the Welsh speak a language no way resembling
that of his majesty's English subjects. Are the Ame
ricans not as numerous? If^ we may trust the learned
and accurate judge Barringtori's account of North
Wales, and take that as a standard, to measure the
rest, there is no comparison. The people cannot
ariiount to above 200,000; not a tenth part of the
number in the colonies. Is America in rebellion?
Wales was hardly ever free from it. Have you at
tempted to govern America by penal i statutes ? You
made fifteen for Wales. But your legislative autho
rity is perfect with regard to America. Was it less
perfect in Wales, Chester, and Durham ? But Ame
rica is virtually represented. What ! does the elec-
trick force of virtual representation more easily pass
over the Atlantick, than pervade Wales, which lies in
your neighbourhood ; or than Chester and Durham,
surrounded by abundance of representation that is
actual and palpable ? But, sir, your ancestors thought
this sort of virtual representation, however ample, to
be totally insufficient for the freedom of the inhabi
tants of territories that are so near, and comparatively
so inconsiderable. How then can I think it sufficient
for those which are infinitely greater, and infinitely
more remote ?
You will now, sir, perhaps imagine, that I am on
the point of proposing to you a scheme for a repre
sentation of the colonies in parliament. Perhaps I
might be inclined to entertain some such thought ;
but a great flood stops me in my course. Opposuit
natura. I cannot remove the eternal barriers of the
creation. The thing in that mode, I do not know to
be possible. As I meddle with no theory, I do not
absolutely assert the impracticability of such a repre
sentation. But I do not see my way to it ; and those
who have been more confident, have not been more
successful. However, the arm of publick benevo
lence is not shortened ; and there are often several
means to the same end. What nature has disjoined
in one way, wisdom may unite in another. When

CONCILIATION WITH AMERICA. 153
we cannot give the benefit as we would wish, let us
not refuse it altogether. If we cannot give the prin
cipal, let us find a substitute. But how? Where?
What substitute?
Fortunately I am not obliged for the ways and
means of this substitute to tax my own unproductive
invention. I am not even obliged to go to the rich
treasury ofthe fertile framers of imaginary common
wealths ; not to the Republick of Plato, not to the
Utopia of More, not to the Oceana of Harrington. It
is before me — It is at my feet, and the rude swain
treads daily on it with his clouted shoon. I only wish
you to recognise, for the theory, the ancient consti
tutional policy ofthis kingdom with regard to repre
sentation, as that policy has been declared in acts of
parliament ; and, as to the practice, to return to that
mode which a uniform experience has marked out to
you, as best ; and in which you walked with security,
advantage, and honour, until the year 1763.
My resolutions, therefore, mean to establish the
equity and justice ofa taxation of America, by grant,
and not by imposition. To mark the legal competency
of the cplony assemblies for the support of their go
vernment in peace, and for publick aids in time 6f
war. To acknowledge that this legal competency
has had a dutiful and beneficial exercise; and that
experience has shown the benefit of their grants,
and the futility of parliamentary taxation as a method
of supply. These solid truths compose six fundamental pro
positions, There are three, more resolutions corollary
to these. , If you admit the first set, you can hardly
reject the others. But if , you admit the first, 1 shall
be far from solicitous whether you accept or refuse
the last. I think these six massive pillars will be of
strength sufficient to support the temple of British
concord. I have no more doubt than I entertain of
my existence, that, if you admitted these, you would
command an immediate peace ; and with but tolera
ble future management, a lasting obedience in Ame
rica. I am not arrogant in this confident assurance.
vol. i. x

154 MR. BURKE'S SPEECH ON
The propositions are all mere matters pffact; and if
they are spch facts as draw irresistible conclusions
even in the stating, this is the power of truth, and not
any management of mine.
Sir, I shall open the whole plan to you together,
with such observations on the motions as may tend to
illustrate them where they may want explanation.
The first is a resolution — "That the colonies and
plantations of Great Britain in North America, con
sisting of fourteen separate governments, and contain
ing two millions and upwards of free inhabitants,
have not had the liberty and privilege of electing and
sending any knights and burgesses, or others to repre
sent them in the high court of parliament" — This is a
plain matter of fact, necessary to be laid down, and
(excepting the description) it is laid down in the lan
guage of the constitution ; it is taken nearly verbatim
from acts of parliament.
The second is like unto the first—" That the said
colonies and plantations have been liable to, and boun
den by, several subsidies, payments, rates, and taxes,
given and granted by parliament, though the said co
lonies and plantations have not their knights and bur
gesses, in the said high court of parliament, of their
own election, to represent the condition of their coun
try ; by lack whereof they have been oftentimes
touched and grieved by subsidies given, granted, and
assented to, in the said court, in a manner prejudicial
to the common wealth, quietness, rest,, and peace of
the subjects inhabiting within the same."
Is this description too hot, or too cold, too strong,
or too weak ? Does it arrogate too much to the su
preme legislature ? Does it lean too much to the
claims of the people ? If it runs into any of these er
rours, the fault is not mine. It is the language of
your own ancient acts of parliament. Nonmeus hic
sermo, sed qua pracepit^ Ofellus, rusticus, abnormis
sapiens. It is the genuine" produce of the ancient,
rustick, manly, homebred sense of this country. — I
did not dare to rub off a particle ofthe venerable rust
that rather adorns and preserves, than destroys, the

CONCILIATION WITH AMERICA 155
metal. It Would be a profanation to touch with a
tool the stones which construct the sacred altar of
peace. I would not violate with modern polish the
ingenuous and noble roughness of these truly consti
tutional materials. Above all things; Iwas resolved
not to be guilty of tampering, the odious vice of rest
less and unstable minds. I put my foot in the tracks
of our forefathers ; where I can neither wander nor
stumble. Determining to fix articles of peace, I was
resolved not to be wise beyond what was written ; I
was resolved to use nothing else than the form of
sound words; to let others abound in their own
sense ; and carefully to abstain from all expressions
of my own. What the law has said, I say. In
all things else I am silent. I have no organ but
for her words. This, if it be not ingenious, lam
sure is safe.
There are indeed words expressive of grievance
in this second resolution, which those who are re
solved always to be in the right, will deny to contain
matter of fact, as applied to the present case ; although
parliament thought them true, with regard to the
.counties of Chester and Durham. They will deny
that the Americans were ever " touched and grieved"
with the taxes. If they consider nothing in taxes bnt
their weight as pecuniary impositions, there might be
some pretence for this denial. But men may be sorely
touched and deeply grieved in their privileges,: as
well as in their purses. Men may lose little in pro
perty by the act which takes away all their freedom.
When a man is robbed of a trifle on the highway, it
is not the twopence lost that constitutes the capital
outrage. This is not confined to privileges. Even
ancient indulgences withdrawn, without offence on
the part of those who enjoyed such favours, operate
as grievances. But were the Americans then not
touched and grieved by the taxes, in some measure,
merely as taxes? If so, why were they almost all,
either wholly repealed or exceedingly reduced?
Were they not touched and grieved, even by the re
gulating duties ofthe sixth of George II* Else why

156 MR. burke's speech on
were the duties first reduced to one third in 1764,
and afterward to a third of that third in the year 1766?
Were they not touched and grieved by the stamp
act? I shall say they were, until that tax is revived.
Were they not touched and grieved by the duties of
1767, which were likewise repealed, and which,
Lord Hillsborough tells you, for the ministry, were
laid contrary to the true principle of commerce ? Is
not the assurance given by that noble person to the
colonies of a resolution to lay no more taxes on them,
an admission that taxes would touch and grieve
them ? Is not the resolution of the noble lord in the
blue riband, now standing on your journals, the
strongest of all proofs that parliamentary subsides
really touched and grieved them ? Else why all these
changes, modifications, repeals, assurances, and re
solutions ?
The next proposition is—" That, from the distance
ofthe said colonies, and from other circumstances,
no method hath hitherto been devised for procuring
a representation in parliament for the said colonies."
This is an assertion of a fact. I go no further on the
paper ; though in my private judgment, a useful re
presentation is impossible ; I am sure it is not desired
by them, nor ought it, perhaps, by us ; but I abstain
from opinions.
The fourth resolution is — " That each of the said
colonies hath within itself a body, chosen in part, or
in the whole, by tlie freemen, freeholders, or other
free inhabitants thereof, Commonly called the general
assembly, or general court, with powers legally to
raise, levy, and assess, according to the several usa
ges of such colonies, duties and taxes towards defray
ing all sorts of publick services."
This competence in the colony assemblies is cer
tain. It is proved, by the whole tenour of their acts
pf supply in all the assemblies, in which the constant
style of granting is, "an aid to his majesty;" and
acts granting to the crown have regularly for/near a
century passed the publick offices without dispute,
Those who have been pleased paradoxically to deny

CONCILIATION WITH AMERICA. 157
this right, holding that none but the British parlia
ment can grant to the crown, are wished to look to
what is done, not only in the colonies, but in Ireland,
in one uniform unbroken tenour every session. Sir,
I am surprised, that this doctrine should come from
some of the law servants of the crown. I say, that
if the crown could be responsible, his majesty — but
certainly the ministers, and even these law officers
themselves, through whose hands the acts pass bien
nially in Ireland, or annually in the colonies, are in a
habitual course of committing impeachable offences.
What habitual offenders have been all presidents of
the council, all secretaries of state, all first lords of
trade, all attornies and all solicitors general! How
ever, they are safe, as no one impeaches them ; and
there is no ground of charge against them, except in
their own unfounded theories.
The fifth resolution is also a resolution of fact. —
" That the said general assemblies, general courts,
or other bodies legally qualified as aforesaid, have at
sundry times freely granted several large subsidies
and publick aids for his majesty's service, according
to their abilities, when required thereto by letter from
one of his majesty's principal secretaries of state.
And that their right to grant the same, and their cheer
fulness and sufficiency, in the said grants, have been
at sundry times acknowledged by parliament." To
say nothing of their great expenses in the Indian wars ;
and not to take their exertion in foreign ones, so high
as the supplies in the year 1695; not to go back to
their publick contributions in the year 1710 ; I shall
begin to travel only where the journals give me light;
resolving to deal in nothing but fact, authenticated by
parliamentary record; and to build myself wholly on
that solid basis.
On the fourth of April, 1748,* a committee of
this house came to the following resolution :
" Resolved, That it is the opinion of this commit
tee, That it is jtist and reasonable that the several
* Journals ofthe House, vol. xxv.

158 MR. BURKE'S speech on
*
provinces and colonies of Massachussetts Bay, New
Hampshire, Connecticut, and Rhode Island, be re-
imbursed the expenses they have been at in taking
and securing to the crown of Great Britain, the island
of Cape Breton, and its dependencies."
, These expenses were immense for such colonies.
They were above 200,0001. sterling; money first
raised and advanced on their publick credit.
On the 28th of January, 1756,* a message from
the king came to us, to this effect — " His majesty,
being sensible of the zeal and vigour with which his
faithful subjects of certain colonies in North America
have exerted themselves in defence of his majesty's
just rights and possessions, recommends it to this
house to take the same into their* consideration, and
to enable his majesty to -give them such assistance as
may be a proper reward and encouragement."
On the third of February, 1756, t the house came
to a suitable resolution, expressed in words nearly
the same as those of the message ; but with the fur
ther addition, that the money then voted was as an
encouragement to the colonies to exert themselves
with vigour. It will not be necessary to go through
all the testimonies which your own records have
given to the truth of my resolutions. I will only
refer you to the places in the journals :
Vol. xxvii.— 16th and 19th May, 1757.
Vol. xxviii. — June 1st, 1758— April 26th and
30th, 1759— March 26th and 31st,
and April 28th, 1760 — Jan. 9th and
20th, 1761.
Vol. xxix. — Jan. 22d and 26th, 1762 — March 14th
« and 17th, 1763.
Sir, here is the repeated acknowledgment of par
liament, that the colonies not only gave, but gave
to satiety. This nation has formally acknowledged
two things ; first, that the colonies had gone beyond
their abilities, parliament having thought it necessary
to reimburse them ;• secondly, that they had acted
* Journals of the house, vol. xxvii. t Ibid.

CONCILIATION WITH AMERICA. 15S
legally and laudably in their grants of money, and
their maintenance of troops, since the compensation:
is expressly given as reward and encouragement.
Reward is not bestowed for acts that are unlawful ;
and encouragement is not held out to things that
deserve reprehension. My resolution therefore does
nothing more than collect into one proposition, what
is scattered through your journals. I give you no
thing, but your own ; and you cannot refuse in the
gross, what you have so often acknowledged in de
tail. The admission of this, which will be so ho
nourable to them and to you, Will, indeed, be mortal
to all the miserable stories, by which the passions of
the misguided people have been engaged in an un
happy system. The people heard, indeed, from the
beginning of these disputes, one thing continually
dinned in their ears, that reason and justice demancU
ed, that the Americans, who paid no taxes, should
be compelled to contribute. How did that fact of
their paying nothing, stand, when the taxing system
began ? When Mr. Grenville began to form his
system of American revenue, he stated in this house,
that the colonies were then in debt two million six
hundred thousand pounds sterling "'money ; and was
of opinion they would discharge that debt in four
years. On this state, those untaxed people were ac
tually subject to the payment of taxes to the amount
of six hundred and fifty thousand a year. In fact,
however, Mr. Grenville was mistaken. The funds
given for sinking the debt did not prove quite so am
ple as both, the colonies and he expected. The cal
culation was too sanguine: the reduction was not
completed till some years after, and at different times
in different colonies. However, the taxes after the
war continued too great to bear any addition, with
prudence or propriety ; and when the burthens im
posed in consequence of former requisitions were
discharged, our tone became too high to resort again
to requisition. No colony, since that time, ever has
had any requisition whatsoever made to it."

160 JUR. BURKE'S SPEECH ON
We see the sense of the crown, and the sense of
parliament, on the productive nature of a revenue by
grant. Now search the same journals for the pro
duce of the revenue by imposition-^Where is it ?—
let us know the volume and the page — -what is the
gross, what is the net produce?— -to what service is
it applied ? — how have you appropriated its surplus ?
— W hat, can none of th*e*many skilful index-makers,
that we are now employing, find any trace of it ? —
Well, let them and that rest together. But are the
journals, which say nothing of the revenue, as silent
on the discontent ? Oh no ! a child may find it. It
is the melancholy burthen and blot of every page.
I think then I am, from those journals, justified
in the sixth and last resolution, which is — " That it
hath been found by experience, that the manner of
granting the said supplies and aids, by the said gene
ral assemblies, hath been more agreeable to the said
colonies, and more beneficial, and conducive to the
publick service, than the mode of giving and grant
ing aids in parliament, to be raised and paid in the
said colonies." This makes the whole of the funda
mental part of the plan. The conclusion is irresisti
ble. You cannot say, that you were driven by any
necessity to an exercise of the utmost rights of legis
lature. You cannot assert, that you took on your
selves the task of imposing colony taxes, from the
want of another legal body, that is competent to the
purpose of supplying the exigencies of the state with
out wounding the prejudices of the people. Neither
is it true that the body so qualified, and having
that competence, had neglected the duty.
The question now, on all this accumulated matter,
is ; — whether you will choose to abide by a profitable
experience, or a mischievous theory; whether you
choose to build on imagination or fact ; whether you
prefer enjoyment or hope ; satisfaction in your sub
jects, or discontent ?
If these propositions are accepted, every thing
which has been made to enforce a contrary system,
must, I take it for granted, fall along with it. On

CONCILIATION WITH AMERICA. 161
that ground, I have drawn the following resolution,
which, when it comes to be moved, will naturally
be divided in a proper manner : " That it may be pro
per to. repeal an act, made in the seventh year of the
reign of his present majesty, entitled, 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 cocoa-nuts of the produce pf
the said colonies or plantations ; for discontinuing the
drawbacks payable' on China earthen ware exported
to America; and for more effectually preventing the
clandestine running of goods in the said colonies and
plantations.— '-And that it may be proper to repeal an
act, made in the fourteenth year of the reign of his.
present majesty, entitled, An act to discontinue, in
such manner, and for such time, as are therein men
tioned, the landing and discharging, lading or ship
ping, of goods, wares, and merchandise, at the
town and within the harbour of Boston, in the pro
vince of Massachussetts Bay, in North America.—^
and that it maybe proper to repeal an act, made in
the fourteenth year of the reign of his present rafajes-
ty, entitled, An act for the impartial administration-
of justice, in the casesof persons questioned for any
acts done by them, in the execution of the law, or
for the suppression of riots and tumults, in the pro
vince of Massachussetts Bay, in New England, — And
that it may be proper to repeal an act, made in the
fourteenth year of the reign of his present majesty,
entitled, An act for the better regulating the govern
ment of the province of Massachussetts Bay^, in New
England.— And also, that it may be proper to. explain
and amend an act, made in the thirty-fifth year of the
reign of king Henry the Eighth, entitled, An act
for the trial of treasons committed out of the king's
dominions." I wish, sir, to repeal the Boston Port Bill, because
(independently ofthe dangerous precedent of suspend
ing the rights of the subject during the king's plea
sure) it was passed, as I apprehend, with less regu-
VOL. I Y

162 MR. BURKE*S SPEECH ON
larity, and on more partial principles, than it ought.
The corporation of Boston was not heard before it
was condemned. Other towns, full as guilty as she
was, have not had their ports blocked up. Even the
restraining bill of the present session does not go to
the length Of the Boston Port Act. The same ideas
of prudence, which induced you not to extend equal
punishment to equal guilt, even when you were
punishing, induce me, who mean not to chastise,
but to reconcile, to be satisfied with the punishment
already partially inflicted. •
Ideas of prudence, and accommodation to circum
stances, prevent you from taking away the charters
of Connecticut and Rhode Island, as you have taken
away that of Massachussetts Colony, though the
crown has far less power in the two former provinces
than it enjoyed in the latter ; and though the abuses
have been full as great, and as flagrant, in the exempt
ed as in the punished. The same reasons of prudence
and accommodation have weight with me in restoring
the charter of Massachussetts Bay. Besides, sir, the
act which changes the charter of Massachussetts is
in many particulars so exceptionable, that if I did
not wish absolutely to repeal, I would by all means
desire to alter it ; as several of its provisions tend to
the subversion of all publick and private justice.
Such, among others, is the power in the gOvernour
to change the sheriff at his pleasure ; and to make a
new returning officer for every special cause. It is
shameful to behold such a regulation standing among
English laws.
The act for bringing persons accused of commit
ting murder under the orders of government to Eng
land for trial, is but temporary. That act has calcu
lated the probable duration of our quarrel with the
colonies ; and is accommodated to that supposed du
ration. I would hasten the happy moment of recon
ciliation; and therefore must, on my principle, get
rid of that most justly obnoxious act.
The act of Henry the Eighth, for the trial of trea
sons, I do not mean to take away, but to confine it

CONCILIATION WITH AMERICA. 163
to its proper bounds ahd original intentioh ; to make
it expressly for trial of treasons (and the greatest trea
sons may be committed) in places where the jurisdic
tion of the crown does not extend.
Having guarded the privileges of local legislature,
I would next secure to the colonies a fair and Unbias
sed judicature ; for which purpose, sir, I propose the
following resolution: "That, from the time when
the general assembly or general court of any colony
or plantation in North America, -shall have appointed
by act pf assembly, duly confirmed, a settled salary
to the offices of the chief justice and other judges bf
the superiour court, it may be prbpfei1, that the said
chief justice and other judges of the superiour 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, upon a hear
ing on complaint from the general assembly, or on a
complaint from the governour, or council, or thb
house of representatives severally, of the colony in
which the said chief justice and other judges have ex
ercised the said offices."
The next resolution relates to the courts of admi
ralty. It is this : — " That it may be proper to regulate
the courts of admiralty, or vice admiralty, authorized
by the 15th chap. Of the 4th of George the Third, in
such a manner as to make the same more commo
dious to those who sue, or are sued, in the said courts,
and to provide for the more decent maintenance ofthe
judges in the same."
These courts I do not wish to take away. They are
in themselves proper establishments. This Court is
one of the capital securities of the act of navigation.
The extent of its jurisdiction, indeed, has been in
creased ; but this is altogether as proper, and is, in
deed, on many accounts, more eligible, Where new
powers were wanted, than a court absolutely new.
But courts incommodiously situated, in effect, deny
justice ; and a court, partaking in the fruits of its own

104 . ,MR. burke's speech on
condemnation, is,a robber. The congress complain,
and complain justly, ofthis grievance.*
These are the three consequential propositions. I
have thought of two, or three more ; but they come
rather too near detail, and to the province of execu
tive government, which I wish parliament always to
superintend, never to assume. If the first six are.
granted, congruity will carry the latter three. If not,'
the things that remain unrepealed will be, I hope,
rather unseemly incumbrances on the building,
than very materially , detrimental to its strength and
stability. ,y
Here, sir, I should close ; but that I plainly per
ceive some objections remain, which I ought, if pos
sible, to remove. The first will be, that, in resorting
to the doctrine of our ancestors, as contained in the
preamble to the Chester act, I prove too much ; that
the grievance from a want of representation stated in
that preamble; goes to the whole of legislation as
well as to taxation, And that the colonies grounding
themselves upon that doctrine, will apply it to all parts
pf legislative authority.
To this objection, with all possible deference and
humility, and wishing as little as any man living to
impair the smallest particle of our supreme authority,
I answer, that the words are the words of parliament,
and not mine ; and, that all false and inconclusive.
inferences, drawn from them, are not mine ; for I
heartily disclaim any such inference. I have chosen
the words of an act of parliament, which Mr. Gren
ville, surely a tolerably zealous and very judicious
advocate for the sovereignty of parliament, formerly
moved to have read at your table, in confirmation of
his tenets. It is true, that Lord Chatham considered
these preambles as declaring strongly in favour of
his opinions. He was a no less powerful advocate for
the privileges of the Americans. Ought I not from
* The Solicitor General inforpied Mr. B. when the reso
lutions were seperately moved, that the grievance of the
judges partaking of the profits of the seizure had been redress
ed by office ; accordingly the resolution was amended.

CONCILIATION WITH AMERICA. 105
hence to presume, that these preambles are as favour
able as possible to both, when properly understood;
favourable both to the rights of parliament, and to the
privilege ofthe dependencies of this crown ? But, sir,
the object of grievance in my resolution, I have not
taken from the Chester, but from the Durham act,
which confines the hardship of want of representation
to the case of subsidies ; and which therefore falls in
exactly with the case of the colonies. BUt whether
the unrepresented counties were de jure, or de facto,
bound, the preambles do not accurately distinguish ;
nor indeed was it necessary ; for whether de jure, or
de facto, the legislature thought the exercise of the
power of taxing, as of right, or as of fact without
right, equally a grievance, and equally oppressive.
I do not know, that the colonies have, in any gene
ral way, or in any cool hour, gone much beyond the
demand of immunity in relation to taxes. It is not
fair to judge ofthe temper or dispositions of any man,
or any set of men, when they are composed and at
rest, from their conduct, or their expressions, in a
state of disturbance and irritation. It is, besides, a
very great mistake to imagine, that mankind follow
up practically any speculative principle, either of go
vernment or of freedom, as far as it will go in argu
ment and logical illation. We Englishmen stop very
short of the principles upon which we support any-
given part of our constitution; or even the, whole of
it together. I could easily, if 1 had not already tired
you, give you very striking and convincing instances
of it. This is nothing but what is natural and pro
per. All government, indeed every human benefit
and enjoyment, every virtue, and evejjy prudent act, is
founded on compromise and barter. We balance in
conveniences ; we give and take; we remit some
rights, that we may enjoy others ; and, we choose ra
ther to be happy citizens, than subtle disputants. As
we must give away some natural liberty, to enjoy
civil advantages ; so we must sacrifice some civil
liberties, for the advantages to be derived from the
communion and fellowship ofa great empire. But, in

166 MR. BURKE'S SPEECH ON
all fair dealings, the thing bought must bear some
proportion to the purchase paid. None will barter
away the immediate jewel of* his soul. Though a
great house is apt to make slaves haughty, yet it is
purchasing a part ofthe artificial importance ofa great
empire too dear, to pay for it all essential rights, and
all the intrinsick dignity of human nature. None of
us who would not risk his life, rather than fall under a
government purely arbitrary. But, although there
are some amongst us who think our constitution
wants many improvements, to make it a complete
system of liberty, perhaps none who are of that opi
nion would think it right to aim at such improvement
by disturbing his country, and risking every thing that
is dear to him. In every arduous enterprise, we con
sider what we are to lose, as well as what we are to
gain ; and the more and better stake of liberty every
people possess, the less they will hazard in a vain
attempt to make it more. These are the cords of
man. Man acts from adequate motives relative to
his interest ; and not on metaphysical speculations.
Aristotle, the great master of reasoning, cautions us,
and with great weight and propriety, against this spe
cies of delusive geometrical accuracy in moral argu
ments, as the most fallacious of all sophistry.
The Americans will have no interest contrary to
the grandeur and glory of England, when they are not
oppressed by the weight of it ; and they will rather be
inclined to respect the acts of a superintending legis
lature; when they see them the acts of that power,
which is itself the security, not the rival, of their se
condary importance. In this assurance, my mind
most perfectly acquiesces ; and I confess, I feel not
the least alarm, from the discontents which are to
arise, from putting people at their ease ; nor do I
apprehend the destruction of this empire, from giving,
by an act of free grace and indulgence, to two millions
of my fellow citizens, some share of those rights,
upon which I have always been taught to value
myself.

.,¦*£

CONCILIATION WITH AMERICA. 167
It is said indeed, that thispower of granting, vested
in American assemblies, would dissolve the unity of
the empire; which was preserved, entire, although
Wales, and Chester, and Durham, were added^to it.
Truly, Mr. Speaker, I do not know what this 'unity
means; nor has it ever been heard of, that I know
in the constitutional policy of this country. The very
idea of subordination of parts, excludes this notion of
simple and undivided unity. England is the head ;
but she is not the head and the members too. Ire
land has ever had from the beginning a separate, but
not an independent legislature ; which, far from dis
tracting, promoted the union of the whole. Every
thing was sweetly and harmoniously disposed through
both islands for the conservation of English dominion,
and the communication of English liberties. I do
not see that the same principles might not be carried
into twenty islands, and with the same good effect.
This is my model with regard to America, as far as
the internal circumstances ofthe two countries are the
same. I know no other unity of this empire, than I
can draw from its example during these periods, when
it seemed to my poor understanding more united than
it is now, or than it is likely to be by the present
methods. But since I speak of these methods, I recollect,
Mr. Speaker, almost too late, that I promised, before
I finished, to say something of the proposition of the
noble lord* on the floor, which has been so lately re
ceived, and stands on your journals. I must be
deeply concerned, whenever it is my misfortune to
continue a difference with the majority of this house.
But as the reasons for that difference are my apology
for thus troubling you, suffer me to state them in
a very few words. I shall compress them into as
small a body as I possibly can, having already debated
that matter at large, when the question was before the
committee. * Lord North,

168 MR. BURKE'S SPEECH ON
First, then, I cannot admit that proposition bf a
ransom by auction ; because it is a mere project. It
is a thing new; unheard of; supported by no expe
rience; justified by no analogy ; without example of
our ancestors, or root in the constitution. It is nei
ther regular parliamentary taxation, nor colony grant.
Experimentum in corpore viii, is a good rule, which
will ever make me adverse to any trial of experiments
on what is certainly the most valuable of all subjects ;
the peace of this empire.
Secondly, it is an experiment which must be fatal,
in the end, to our constitution. For what is it but a
scheme for taxing the colonies in the antichamber of
the noble lord and his successours? To settle the
quotas and proportions in this house, is clearly impos
sible. You, sir, may flatter yourself, you shall sit a
state auctioneer, with your hammer in your hand, and
knock down to each colony as it bids. But to set
tle (on the plan laid down by the noble lord) the true
proportional payment for four or five and twenty go
vernments, according to the absolute and the relative
wealth of each, and according to the British propor
tion of wealth and burthen, is a wild and chimerical
notion. This new taxation must therefore come in
by the back door of the constitution.- Each quota
must be brought to this house ready formed ; you can
neither add nor alter. You must register it. You
can do nothing further. For on what grounds can
you deliberate either before or after the proposition ?
You cannot hear the counsel for all these provinces,
quarrelling each on its own quantity of payment, and
its proportion to others. 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 com
plaint of 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

CONCILIATION. WITH AMERICA. 169
themselves. I really beg pardon. It-gives me pain to
mention it; but you must be sensible that you will
not perform this part of the compact. For, supppse
the colonies were to lay the duties which furnished
their contingent, upon the importation of your ma- '
nufactures ; you know you would never suffer such a
tax to be 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 de
lusion from one end to the other.
Fourthly, this method of ransom by auction, unless
it be universally accepted, will plunge you into great
and inextricable difficulties. In what year of our
Lord are the proportions of payments to be' settled ?
To say nothing of the impossibility that colony agents
should have general powers of taxing the colonies at
their discretion ; consider, I implore you, that the
communication by special messages, and orders be
tween these agents and their constituents on each
variation of the case, when the parties come to con
tend together, and to dispute on their relative propor
tions, will be a matter of delay, jperplexity, and confu
sion, that never can have an end.
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 proportion? The refractory colonies
who refuse all composition, will remain taxed only
to your old impositions, which, however grievous in
principle, are trifling as to production. The obedient
colonies in this scheme are heavily taxed ; the re
fractory remain unburthened. Whaf will you do ?
Will you lay new and heavier taxes by parliament on
the disobedient ? Pray consider in what way you
can do it. You are 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 auctipn, while Maryland and North Carolina bid
handsomely for their ransom, and are taxed to your
VOL. I. 7.

170 MR. BURKE'S SPEECH ON
i
quota. How will you put these colonies on a par?
Will you tax the tobacco of Virginia ? If you do, you
give its death wound to your English revenue at home.
and td one of the very greatest articles of your own
foreign trade. If you tax the import of that rebelli
ous colony, what do you tax but your own manufac
tures, "or the goods of some other obedient, and al
ready 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 recol
lect that the 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 burthen
those whom upon every principle, you ought to exo
nerate. He must be grossly ignorant of America,
who thinks, that, without falling into this confusion of
all rules of equity and policy, you can restrain any
single colony, especially Virginia and Maryland the
central, and most important of them all.
Let it also be considered, that, either in the present
confusion you settle a permanent contingent, which
will and must be trifling ; and then you have no effec
tual revenue : or you change the quota at every exi
gency; and then on 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 payment. Suppose one, two, five, ten
years arrears. You cannot issue a treasury extent
against . the failing colony. You must make new
Boston port bills, new restraining laws, new acts for
dragging men to Englarid 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 tranquillity. An intestine fire will be kept
alive in the bowels of the colonies, which oiie time or

CONCILIATION WITH AMERICA. 171
other must consume this whole empire. I allow, in-
deed^ that the empire of Germany raises her reve
nue and her troops by quotas and contingents ; but
the revenue of the empire, and the army of the em
pire, is the worst revenue, and the worst army, in the
world. Instead ofa standing revenue, you will therefore
have a perpetual quarrel. Indeed the noble lord, who
proposed this project ofa ransom by auction, seemed
himself to be of that opinion. His project was rather
designed for breaking the union of the colonies, than
for establishing a revenue. He confessed, he appre
hended that his proposal would not be to their taste.
I say this scheme of disunion seems to be at the bot
tom of the project ; fori 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 pro
pose the peace and union of the colonies as the very
foundation of my plan, it cannot accord with one
whose foundation is perpetual discord.
-Compare the two. This I offer to give you is
plain^and simple. The other full of perplexed and
intricate mazes. 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 imme
diate in its conciliatory operation ; the other remote, •
contingent, full of hazard. Mine is what becomes
the dignity of a ruling people ; gratuitous, uncondi-
tional,- 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 win every inch of their
ground by argument. You have heard me with good
ness. 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 altogether in future. 1 have this comfort, that in

172 MR. BURKE'S SPEECH PN
every stage of the American • affairs, I have steadily
opposed the measures that have produced the cpnfu-,
sion, and may bring on the destruction ofthis empire.
I now go so far as to risk a proposal of my own. If
I cannot give peace to my country, I give it to my
conscience. 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
pheat, and fact a liar, if this power in the subject of
proportioning his grant, or of not granting at all, has!
not been found the richest mine of revenue ever dis
covered by the skill or by the fortune of man. It does
not indeed vote you 152,750/. :11 : 2 3-4ths, nor any
other paltry limited sum. But it gives the strong
box itself, the fund, the bank, from whence only re
venues can arise amongst a people sensible of free
dom : Posita luditur area. Cannot you in England;
cannot you at this time of day ; cannot you, a house
of commons, trust to the principle which has raised
so mighty a revenue, and accumulated a debt of near
140 millions in this country ? Is this principle to be
true in England, and false every where 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 functions
¦»will neglect to perform its duty, and abdicate its trust?
Such a prespmption would go against all government
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 supporting the honour
pf their own government; that sense of dignity, and
that security tp property, which ever attends freedom,
has a tendency to increase the stock of the free com
munity. Most may be taken where most is accumu
lated. And what is the soil or climate where experi
ence has not uniformly proved, that the voluntary
flow of heaped up plenty, bursting from the weight
pf its own rich, luxuriance, l}as ever run with a more

CONCILIATION WITH AMERICA. 175
copious stream of revenue, than could be squeezed
from the dry husks of oppressed indigence, by
the straining of all the politick machinery in the
world. ¦ ¦, .
Next we know, that parties must ever exist in a
free country. We know too, that the emulations of
such parties, their contradictions, their reciprocal ne
cessities, their hopes, and their fears, must send
them all in their turns to hirri 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 more to be feared, that the people
will be exhausted, than that government will not be
supplied. Whereas, whatever is got by acts of abso
lute power ill Obeyed, because odious, or by contracts
ill kept, because constrained ; will be narrow, feeble,
uncertain, and precarious. " Ease would retract
vows made in pain, as violent and void."
I, for one, protest against compounding our de-
, mands. I declare against compounding, for a poor
limited sum, the immense, ever growing, eternal
debt, which is due to generous government from
protected freedom. And so may I 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 econo
my in the world, to compel the colonies to a sum cer
tain, either in the way of ransom, or iri the way of
compulsory compact ?
But fo clear up my ideas, on this subject — a revenue
from America transmitted hither — do not delude your
selves — you never can receive it — No, not a shilling.
We have experience that from remote countries it is
not to be expected. If, when you attempted to
extract revenue fromvBengal, you were obliged to
return in loan what yoU had taken in imposition ;
what can you expect from North America ? for cer
tainly, if ever there was a country qualified to pro
duce wealth, it is India ; or an institution fit for the
transmission, it is the East India company. Ameri
ca has PMie of these aptitudes. If America gives

174 MR. BURKE'S SPEECH ON
you taxable objects, on which you lay your duties
here, and gives you, at the same time, a surplus by
a foreign' sale of her commodities to pay the duties
on these objects which you tax at home, she has
performed her part to the British revenue. But with
regard to her own internal establishments ; she may,
I doubt not she will, contribute 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 to have, must be considerable in
her quarter of the globe. There she may, serve you
and serve you essentially.
For that service, fpr all service, whether of revenue,
trade, or empire, my trust is in her interest in the Bri
tish constitution. My hold ofthe colonies is in the close
affection which grows from common names, from
kindred blood, from similar privileges, and equal
protection. These are ties, which, though light as
air, are as strong as links of iron. Let the colonies
always keep the idea of their civil rights associated
with your government ; they will cling and grapple
to you ; and no force under heaven will be of power
to tear them from their allegiance. But let it be once
understood, that your government may be one thing,
and their privileges another ; that these two things
may exist without any mutual relation ; the cement
is gone ; the cohesion is loosened ; and every thing
hastens to decay and dissolution. As long as you
have the wisdom to keep the sovereign authority of
this country as the sanctuary of liberty, the sacred
temple consecrated to our common faith, wherever
the chosen race and sons of England worship freedom
they will turn their faces towards you. The more
they multiply, the more friends you will have. The
more ardently they love liberty, the more perfect will
be their obedience. Slavery they can have any
where. It is a weed that grows in every soil. They
may have it from Spain, they may have it from Prus
sia. But until you become lost to all feeling of your
true interest and your natural dignity, freed jm they

CONCILIATION WITH AMERICA. 175
can have from none but you. This is the commo
dity 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 se
cures to you the wealth of the world. Deny them
this participation of freedom, and you break that
sole bond, which originally made, and must still
preserve, the unity of the empire. Do not enter
tain so weak an imagination, as that your registers
and your bonds, your affidavits and your sufferances,
your cockers and your clearances, are what form
the great securities of your commerce. Do not dream
that your letters of office, and your instructions, and
your suspending clauses, are the things that hold toge-'
ther the great contexture of this mysterious whole.
These things do not make your government. Dead
instruments, passive tools as they are, it is the spirit of
the English communion that gives all their life and
efficacy to them. It is thespirit ofthe English consti
tution, which, infused through the mighty mass, per
vades, feeds, unites, invigorates, vivifies, every part
of the empire, even down to the minutest member.
Is it not the same virtue which does every thing
for us here in England ? Do you imagine then, that
it is the land tax act which raises your revenue ? that
it is the 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 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 ¦insti
tution, which gives you your army and your navy,
and infuses into both that liberal obedience, without
which your army would be a base rabble, and your
navy nothing but rotten timber.
All this, I know well enough, will sound wild and
chimerical to the profane herd of those vulgar and
mechanical politicians, who have no place among us;
a sort of people who think that nothing exists but
what is gross and • material ; and who therefore, far
from being qualified to be directors of the great

176 MR. burke's speech, &c.
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
ho substantial existence, are in truth every thing* and
all in all. Magnanimity in politicks is not seldom the
truest wisdom ; and a great empire and little minds
go ill together. If we are conscious of our situation,
and glow with zeal to fill our place as becomes our
station and ourselves, we ought to auspicate all our
publick proceedings on America, with the old warn
ing of the church, Sursum corda ! We ought to ele
vate 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 wilderness into a glorious empire ;
and have made the most extensive, and the only ho
nourable conquests ; not by destroying, but by pro-*
moting, the wealth, the number, the happiness, of
the human race. Let us get an American revenue
as we have got an American empire. English privi
leges have made it all that it is; English privileges
alone will make it all it can be.
Iii full confidence of this unalterable truth, I now
( quod felix faustumque sit) — lay the first stone of the
temple of peace ; and I move you,
" That the colonies and plantations of Great Britain
in North America, consisting of fourteen separate
governments, and containing two millions and up
wards of free inhabitants, have not had the liberty
and privilege of electing and sending any knights and
burgesses, or others, to represent them in the high
court of parliament."

LORD CHESTERFIELD'S SPEECH,
ON THE BILL INTRODUCED INTO THE HOUSE OF LORDS, MAT
24rTH, 1737, FOR LICENSING, AND REGULATING THE THEA-»~
TRES.
IT has been so confidently said, we know not ex
actly upon what authority, that the published speech
of Earl Chesterfield on " licensing the Theatres,''*
was written by Doctor Johnson, that it is now, very
generally admitted to be his production.
After having carefully perused the speech, we were
persuaded that the existing belief respecting it was
untrue, and that his lordship had unjustly been de
spoiled ofthis, perhaps, the brightest gem in his lite
rary escutcheon. Neither in the construction of its
sentences, nor in the vein of thought whiph pervades
it, could we discern any close resemblance to the well
marked manner ofthe illustrious moralist.
To the internal evidence which the speech supplies,
ih vindication of its genuineness, there may, moreover,
be added a chain of very strong presumptive proof.
By recurring to the history of the proceedings of
parliament, it will be seen that the speech was deliver
ed in May, 1737. Attracting much attention, it was
immediately printed, and for the first time appeared
in Fog's Journal, a paper then under the patronage
of Lord Chesterfield, and to which he occasionally
contributed. The copy of the speech, however, was
defective, and especially as regarded the quotation
applied to Pompey, " Nostra miseria tu es Magnus."
This, together with some other blemishes, exposed
the noble earl to a virulent criticism from the Ga-
•vol. i. a a

178 LORD CHESTERFIELD'S SPEECH ON1
Zetteer, one of the journals of the opposite party,
which produced a corrected impression of the speech
in several of the magazines of the very next month,
and, whence it was translated, without the slightest
alteration, into the Parliamentary Register of the same
year. Certainly, it is not unreasonable to suppose that this
revision was executed, and the republication directed
by Earl Chesterfield himself.
Against the particular claim set up for Dr. Johnson,
it will be sufficient to observe that, though he came to
London in March 1737, a few weeks prior to the
date of the speech, yet he lived in obscurity and had
no literary engagements, or connexion with booksel
lers, for a considerable period afterwards.
The employment of reporting the parliamentary
debates, he did notcommence till so late as the open
ing of the session on the 19th of November, 1740,
being upwards of three years subsequently to the ap
pearance of the speech^
Taking into view with the preceding facts, the ac*
knowledged talents and superiour powers of debate of
Earl Chesterfield there can be little hesitation, we
think, to the adoption of the present speech, as an
authentick specimen of his eloquence.
In the following extract, the circumstances which
gaye rise to the speech, are distinctly related.
" The only remarkable occurrence of this session,
which remains to be taken notice of, is contained in
the proceedings upon the bill, to explain and amend
so much of an act made in the twelfth year of the
reign of queen Anne, entitled, An act for reducing
the laws relating to rogves\ vagabonds, sturdy beggars,
and vagrants, into one act of parliament ; and for the
more effectual punishing such rogues, vagabonds, stur
dy beggars, and vagrants, and sending them whither
they ought to be sent, as relates to common players of
interludes. The bill, which was passed into a law,
and remains still in force, was ordered by the house
of commons to be prepared and brought in on Friday
the 20th of May, and was occasioned by a farce called

LICENSING THE THEATRES. 179
the Golden Rump, which had been brought to the
then master* of the theatre in Lincoln's-inn fields,
who, Upon perusal, found it was designed as a libel
upon the government, and, therefore, instead of ha
ving it acted, he carried it to a gentleman concerned
in the administration ; and he having communicated
it to some other member of the house of eorrimons,
it was resolved to move for leave to bring in a bill for
preventing any such attempt for the future ; and the
motion being complied with by that house on the
20th of May, 1737, the bill was brought in on Tues
day the 24th, and passed through both houses with
such despatch, that it was ready for the royal assent
by Wednesday the 8th of June, and accordingly re
ceived the royal assent op Tuesday the 21st, when
his majesty put an end to this session of parliament.','
SPEECH, &fc.
MY LORDS, THE bill now before you I apprehend to be of a
very extraordinary, a very dangerous nature. It
seems designed not only as a restraint on the licen
tiousness ofthe stage ; but it will prove a most arbi
trary restraint on the liberty ofthe stage ; and T fear
it looks yet further. I fear it tends towards a restraint
on the liberty of the press, which will be a long stride
towards the destruction of liberty itself. It is not
only a bill, my lords, ofa very extraordinary nature,
but it has been brought in at a very extraordinary
season, and pushed with most extraordinary despatch.
When I considered how near it was to the end of the
session, and how long this session had been protracted
beyond the usual time of the year ; when I considered
that this hill passed through the other house with so
much precipitancy, as even to get the start of a bill
which deserved all the respect, and all the despatch,
the forms of either house pf parliament could admit of;
* One Gifford, who had removed thither with a company of
players from Goodman's Fields, where he had a theatre, which
was silenced by this very act.

180 LORD CHESTERFIELD'S SPEECH
it set me upon inquiring, what could be the reason for
introducing this bill at so unseasonable a time, and
pressing it forward in a manner so very singular and
uncommon. I have made all possible inquiry ; and
as yet, I must confess, I am at a loss to find out the
great occasion, I have, if is true, learned from com
mon report without doors, that a most seditious, a
most heinous farce had been offered to one of the thea
tres, a farce for which the authors ought to be pu
nished in the most exemplary manner : but what was
the consequence ? The master of that theatre behaved
as he was in duty bound, and as common prudence
directed. He not only refused to bring it upon the
stage, but carried it to a certain honourable gentleman
in the administration, as the surest method of having
it absolutely suppressed. Could this be the occasion
of introducing such an extraordinary bill, at such an
extraordinary season, and pushing it in so extraordi
nary a manner ? Surely no. The dutiful behaviour
ofthe players, the prudent caution they showed upon
that occasion, can never be a reason for subjecting
them to such an arbitrary restraint. It is an argument
in their favour; and a material one, in my opinion,
against the bill. Nay, further, if we consider all cir
cumstances, it is to me a full proof that the laws now
in being are sufficient for punishing those players who
shall venture to bring any seditious libel upon the
stage, and, consequently, sufficient for deterring all
the players from acting any thing that may have the
least tendency towards giving a reasonable offence.
I do not,|my lords,, pretend to be a lawyer. I do
not pretend to know perfectly the power and extent
of our laws ; but I have conversed with those that do,
and by them I have been told, that our laws are suffi
cient for punishing any person that shall dare to re
present upon the stage what may appear, either by
the words or the representation, to be blasphemous,
seditious, or immoral. I must own, "indeed, I have
observed of late a remarkable licentiousness in the
stage. There have but very lately been two plays
acted, which one would have thought should have

ON LICENSING THE THEATRES, 181
given the greatest offence ; and yet both were suffered
to be often represented without disturbance, without
censure. In one,* the author thought fit to repre
sent the three great professions, religion, physick,
and law, as inconsistent with common sense : in the
Other, t a most tragical story was brought upon the
stage, a catastrophe too recent, too melancholy, and of
too solemn a nature, to be heard of any where but
from the pulpit. How these pieces came to pass un
punished, Ido not know. If I am rightly informed, it
was not for want of law, but for want of prosecution,
Without which no law can be made effectual. But, if
there was any neglect in this case, I am convinced
it was not with a design to prepare the minds of
the people, and to make them think a new law
necessary. Our stage ought certainly, my lords, to be kept
within due bounds ; but for this, our laws, as they
stand at present, are sufficient. If our stage players
at any time exceed those bounds, they ought to be
prosecuted ; they may be punished. We have prece
dents, we have examples of persons having been pu
nished for things less criminal than either of the two
pieces I have mentioned. A new law must therefore
be unnecessary, and in the present case it cannot be
unnecessary without being dangerous. Every unne
cessary restraint on licentiousness is a fetter upon the
legs, is a shackle upon the hands, of liberty. One of
the greatest blessings we enjoy, one of the greatest
blessings a people, my lords, can enjoy, is liberty ;
but every good, in this life, has its alloy of evil. Li
centiousness is the alloy of liberty : it is an ebullition,
an excrescence : it is a speck upon the eye of the po
litical body, which I can never touch but with a gen
tle, with a trembling hand, lest I destroy the body, lest
I injure the eye upon which it is apt to appear. If
the stage becomes at any time licentious, if a play ap
pears to be a libel upon the government, or upon
any particular man, the king's courts are open ; the
* Pasquih, a comedy. t King Charles J. a tragedy.

182 LORD CHESTERFIELD'S SPEECH
law is sufficient for punishing the offender ; and in
this case the person injured has a singular advan
tage, he can be under no difficulty to prove who
is the publisher. The players themselves are the pub
lishers, and there can be no want of evidence to
convict them.
But, my lords, suppose it true, that the laws now
in being are not sufficient for putting a check to, or
preventing, the licentiousness of the stage ; suppose
it absolutely necessary some new law should be made
for that purpose : yet it must be granted, that stich a
law ought to be maturely considered, and every clause,
every sentence, nay every word of it, well weighed
and examined, lest, under some of those methods pre
sumed or pretended to be necessary for restraining
licentiousness, a power should lie concealed, which
might be afterwards made use of for giving a dan
gerous wound to liberty. Such a law ought not to
be introduced at the close of a session ; nor ought we,
in the passing of such a law, to depart from any of
the forms prescribed by our ancestors for preventing
deceit and surprise. There is such a connexion
between licentiousness and liberty, that it is not easy
to correct the one, without dangerously wounding
the other. It is extremely hard to distinguish the true
limit between them. Like a changeable silk, we can
easily see there are too different colours ; but we cannot
easily discover where the one ends, or where the other
begins. There can be no great and immediate danger
from the licentiousness of the stage. I hope it will
not be pretended, that our government may, before
next Winter, be overturned by such licentiousness, even
though our stage were at present under no sort of
control. Why then may we not delay till next
session passing any law against the licentiousness of
the stage? Neither our government can be altered,
nor our constitution overturned, by such a delay ;
but by passing a law rashly and unadvisedly, our con
stitution may at once be destroyed* and our govern
ment rendered arbitrary. Can we then put a small,
a short lived inconvenience in the balance with perpe-

ON LICENSING THE tHEATRES. 183
tual slavery ? Can it be supposed, that a parliament of
Great Britain will so much as risk the latter, for the
sake of avoiding the former ?
- Surely, my lords, this is not fo be expected, were
the licentiousness pf the stage much greater than it is,
Were the insufficiency of our laws more obvious than
can be ,pretended. But when we complain of the
licentiousness of the stage, and the insufficiency pf
our laws, I fear we have more reason to complain of
bad measures in our polity, and a general decay of,
virtue and morality among the people. In publick as
well as private life, the only way to prevent being ri
diculed or censured, is to avoid all ridiculous or
wicked measures, and to pursue such only as are vir
tuous and worthy. The people never endeavour to
ridicule those they love and esteem, nor will they
suffer them to be ridiculed. If any one attempts it,
the ridicule returns upon the author. He makes him
self only the object of publick hatred and contempt.
The actions or behaviour pf a private man may pass
unobserved, and consequently uilapplauded, uncen-
sured ; but the actions of those in high stations can
neither pass without notice, nor without censure or
applause; and therefore an administration, without
esteem, without authority among the people, let their
power be never so great, let their power be never so
arbitrary, will be ridiculed. The severest edicts, the
most terrible punishments, cannot prevent it. If any
man, therefore, thinks he has been censured, if any
man thinks he has been ridiculed, upon any of our
publick theatres, let him examine his actions, he will
find the cause : let him alter his conduct, he will find
a remedy. As no man is perfect, as no man is in
fallible, the greatest may err, the most circumspect
may be guilty of some piece of ridiculous behaviour.
It is not licentiousness ; it is a useful liberty always
indulged the stage in a free country, that some great
men may there meet with a just reproof, which none
of their friends will be free enough, or rather faithful
enough to give them. Ofthis we have a' famous •in
stance in the Roman history. The great Pompey, af-

184 LORD CHESTERFIELD'S SPEECH
ter the many victories he had obtained, and the great
conquests he had made, had certainly a good title to
the esteem ofthe people of Rome : yet that great man,
by, some errour in his conduct, became an object of
general dislike ; and therefore in the representation of
an old play, when Diphilus, the actor, came tb re
peat these words, Nostra miser'ia tu es Magnus, the
audience immediately applied them to Pompey, who
at that time was as well known by the name Magnus,
as by the name Pompey, and were so highly pleased.
with the satire, that, as Cicero says, they made him
repeat the words a hundred times over. An account
ofthis was immediately sent to Pompey, who, instead
of resenting it as an injury, was so wise as to take it
for a just reproof. He examined his conduct ; he al
tered his measures ; he regained by degrees the
esteem of the people ; and therefore neither feared
the wit, nor felt the satire of the stage. This is an
example which .ought to be followed by great men in
all countries. Such accidents will often happen in
every free country ; and many such would probably
have afterwards happened at Rome, if they had con
tinued to enjoy their liberty. But this sort of liberty
on the stage came soon after, I suppose, to be called
licentiousness ; for we are told that Augustus, after
having established his empire, restored order in Rome
by'restraining licentiousness. God forbid we should
iri this country, have order restored, or licentiousness
restrained, at so dear a rate as the people of Rome paid
for it to Augustus. ¦* . .
In the case I have mentioned, my lords, it was not
the poet that wrote, for it was an old play ; nor the
players that acted, for they only repeated the words
ofthe play : it was the people who pointed the satire ;
and the case will always be the same. When a man
has the misfortune to incur the hatred or contempt
of the people, when publick measures are despised,
the audience will apply what never was, what could
not be, designed as a satire on the present times ;
nay, even though the people should not apply, those
who are conscious of the wickedness or weakness pf

¦'
ON LICENSING THE THEATRES* 185
their conduct, will take to themselves what the au
thor never designed. A publick thief is as apt to take
the satire, as he is apt to take the money, which
was never designed for him. We have an instance
of this in -the case of a famous comedian ofthe last
age ; a comedian who was not only a good poet, but
an honest man, and a quiet and good subject. The
famous Moliere, when he wrote his Tartuffe, which
is certainly an excellent and a gopd moral comedy,
did not design to satyrize any great man of that age ;
yet a great man in France at that time took it to
himself, and fancied the author had taken him as a
model for one of the principal, and one of the worst
characters in that comedy. By good luck he was
not the" licenser, otherwise the kingdom of France
had never had the pleasure, the happiness 1 may say,
of seeing that play acted ; but, when the players first
purposed to act it at Paris, he had interest enough to
get it forbid. Moliere, who knew himself innocent
of what was laid to his charge, complained to his
patron, the prince pf Conti, that as his play was de
signed only to expose hypocrisy, and a false pretence
to religion, it was very hard it should be forbid being
acted ; when at the same time they were suffered to
expose religion itself every night publickly upon the
Italian stage : to which the prince wittily answered,
" It is true, Moliere, Harlequin ridicules Heaven,
and exposes religion; but you have done much
worse— you have ridiculed the first minister of reli
gion." I am as much for restraining the licentiousness of
the stage, and every sort of licentiousness, as any of
your lordships can be : but, my lords, I am, I shall
always be, extremely cautious and fearful of making
the least encroachment upon liberty ; and therefore,
when a new law is proposed against licentiousness, I
shall always be for considering it deliberately and ma
turely, before I venture to give my consent to its
being passed. This is a sufficient reason for my
being against passihg this bill at so unseasonable a
time, and in so extraordinary a manner; but I have
vol. i n b

186 LORD chesterfield's speech
many reasons for being against passing the bill itself,
some of which I shall beg leave to explain to your
lordships.. The bill, my lords, at first view, may seem to be
designed only against the stage ; but to me it plainly
appears to point somewhere else. It is an arrow, that
does but glance upon the stage. The mortal wound
seems designed against the liberty of the press. By
this bill you prevent a play's being acted, but you do
not prevent its being printed ; therefore, if a license
should be refused for its being acted, we may depend
upon it the play will be printed. It will be printed
and published, my lords, with the refusal in capital
letters on the title page. People are always fond of
What is forbidden. Libri prohibiti (prohibited books)
are, in all countries, diligently and generally sought
after. It will be much easier to procure a refusal,
than it ever was to procure a good house, or a good
sale; therefore, we may expect, that plays will be
wrote on purpose to have a refusal ; this will certainly
procure a good house or a good sale. Thus will sa
tires be spread and dispersed through the whole na
tion, and thus every man in the kingdom may, and
probably will, read for six-pence what a few only
could have seen acted, and that not under the expense
of half a crown. We shall then be told ; What ! will
you allow an infamous libel to be printed and disper
sed, which you would not allow to be acted ? You
have agreed to a law to prevent its being acted : can
you refuse your assent to a law to prevent its being
printed and published? I should really, my lords, be
glad to hear, what excuse, what reason one could give
for being against the latter, after having agreed to the
former; for, I protest, I cannot suggest to myself the
least shadow of an excuse. If we agree to the bill
now before us, we must, perhaps, next session, agree
to a bill for preventing any plays being printed with
out a license. Then satires will be wrote by way of
noyels, secret histories, dialogues, or under some
such title ; and thereupon we shall be told ; What !
will you allow an infanious libel to be printed and

ON LICENSING THE THEATRES. 187
dispersed, only because it does not bear the title ofa
play ? Thus, my lords, from the precedent now ber
fore us, we, shall, be induced, nay we can find no rea
son for refusing to lay the press under a general li
cense, and then we may bid adieu to the liberties of
Great Britain.
But suppose, my lords, it were necessary to make
a new law for restraining the licentiousness of the
stage, which I am very far from granting; yet I shall
never be for establishing such a power as is proposed
.by this bill. If poets and players are to be restrained,
let them be restrained as other subjects are, by the
known laws of their country : if they offend, let them
be tried, as every Englishman ought to be, by God
and their country. Do not let us subject them to the
arbitrary will and pleasure of any one man. A power
lodg&din the hands of one single man, to judge and de
termine, without any limitation, without any control
or appeal, is a sort of power unknown to our laws,
inconsistent with our constitution. It is a higher* a
more absolute power than we trust even to the king
himself; and therefore, I must think, we ought not
tb vest any such power in his majesty's lord chamber
lain. When I say this, I am sure, I do not mean to
give the least, the most distant offence to the noble
duke* who now fills the post of lord chamberlain;
his natural candour and love of justice, would not, I
know, permit him to exercise any. power, but with
the strictest regard to the rules of justice and huma
nity. Were we sure his successours in that high office
would always be persons of such distinguished merit,
even the power established by this bill could give no
further alarm, than lest it should be made a precedent
for introducing other new powers of the same nature.
This, indeed, is an alarm which cannot be avoided,
which cannot be prevented, by any hope, by any con
sideration ; it is an alarrri, which, I think, every man
must take, who has a due regard to the constitution
and liberties of his country.
* The Duke of Grafton.

188 LORD chesterfield's speech
I shall admit, my lords, that the stage ought not,
upon any occasion, to meddle with politicks ; and for
this very reaso/i, among the rest, I am against the
bill now before us. This bill will be so far from
preventing the stage's meddling with politicks, that I
fear it will be the occasion of its meddling with nothing
else ; but then it will be a political stage ex parte. It will
be made subservient to the politicks and the schemes
of the court only. The licentiousness of the stage
will be encouraged, instead of being restrained ; but
like court journalists, it will be licentious only' against
the patrons of liberty, and the protectors of the peo
ple. Whatever man, whatever party, opposes the
court in any of their most destructive schemes, will,
upon the stage, be represented in the most ridiculous
light the hirelings of a court can contrive. True pa
triotism, and love of publick good, will be repre
sented as madness, or as a cloak for envy, disappoint
ment, and malice ; whilst the most flagkious crimes,
the most extravagant vices and follies, if they are
fashionable at court, will be disguised and dressed
up in the habit of the most amiable virtues. This
has formerly been the case in king Charles the se
cond's days. The playhouse was under a license. What
was the consequence ? The playhouse retailed nothing
but the politicks, the vices, and the follies ofthe court ;
not to expose them, no, but to recommend them,
though it must be granted their politicks were often
as bad as their vices, and much more pernicious than
their other follies. It is true, the court had at that
time a great deal of wit : it was then indeed full of men.
of true wit arid great humpur ; but it was the more
dangerous, for the courtiers did then, as thorough
paced courtiers always will do.. They sacrifice their
honour by making their wit and their humour subser
vient to the court only ; and what made it still more
dangerous, no man could appear upon the stage
against them. We know that Dryden, the poet
laureat of that reign, always represents the cavaliers
as honest, brave, merry fellows, and fine gentlemen.
Indeed his fine gentleman, as he generally draws him, ,
is an atheistical, lewd, abandoned fellow, which was

ON LICENSING THE THEATRES. 189
at that time, it seems, the fashionable character at
court. On the other hand, he always represents the
dissenters as hypocritical, dissembling rogues, or stu
pid senseless boobies. When the court had a mind
to fall out with the Dutch, he wrote his Amboyna.*
in which he represents the Dutch as a pack of avari
cious, cruel, ungrateful rascals : — and when the ex
clusion bill was moved in parliament, he wrote his
Duke of Guise,t in which those who were for preserv
ing and securing the religion of their country, were
exposed under the character of the duke of Guise and
his party, who leagued together for excluding Henry
IV. of France from the throne, on the account of his
religion. — The city of London too was made to feel
the partial and mercenary licentiousness of the stage
at that time*; for the citizens having at that time, as
well as now, a great deal of property, they had a mind
to preserve that property, and therefore they opposed
some of the arbitrary measures which were then be
gun, but pursued more openly in the following reign ;
for which reason they were then always represented
upon the stage as a parcel of designing knaves, dis
sembling hypocrites, griping usurers — and cuckolds
into the bargain.
My lords, the proper business of the stage, and
that for which only it is useful, is to expose those
vices and follies, which the laws cannot lay hold of;
and to recommend those beauties and virtues, which
ministers and courtiers seldom either imitate or re
ward. But by laying it under a license, and under an
arbitrary court license too, you will, in my opinion,
entirely pervert its use : for though I have the greatest
esteem for that noble duke, in whose hands this
* This is not quite exact. The Dutch war began in 1672.
The play was acted and printed in 1673.
t This was certainly a party play, though the occasion of it
may be doubted. It made its appearance in 1683, and was
violently attacked by the Whigs. If lord Chesterfield had
implicitly adopted the opinions of his grandfather Halifax,
he would scarcely have spoken, as he does here, of the ex
clusion bill.

190 lord chesterfield's speech
power is at present designed to fall, though I have an
entire confidence in his judgment and impartiality*;
yet I may suppose that a leaning towards the fashions
of a court is sometimes hard to be avoided. It may
be very difficult to make one, who is every day at
court, believe that to be a vice or folly, which he sees
daily practised by those he loves and esteems. By
custom, even deformity itself becomes familiar, and
at last agreeable. To such a person, let his natural
impartiality be never so great, that may appear to be
a libel against the court, which is only a most just and
a most necessary satire upon the fashionable vices and
follies of the court. Courtiers, my lords, are too
polite to reprove one another ; the only place where
they can meet with any just reproof, is a free though
nota licentious stage; and as every sort of vice and
folly, generally in all countries, begins at court, and
from thence spreads through the country, by laying
the stage under an arbitrary court license, instead of
leaving it what it is, and always ought to be, a gen
tle scourge for the vices of great men and courtiers,
you vvill make it a canal for propagating and conveying
their vices and follies through the whole kingdom.
From hence, my lords, I think it must appear, that
the bill now before us cannot so properly be called a
bill for restraining licentiousness, as it may be called
a bill for restraining the liberty of the stage, and for
restraining it too in that branch which, in all countries,
has been the most useful ; therefore I must look upon
this bill as a most dangerous encroachment upon li
berty in general. Nay, further, my lords, it is not
only an encroachment upon liberty, but it is likewise
an encroachment upon property. Wit, my lords, is a
sort of property : it is the property of those who have
it, and too often the only property they have to depend
on. It is indeed but a precarious dependance. Thank
God ! we, my lords, have a dependance of another
kind ; we have a much less precarious support, and
therefore cannot feel the inconveniences of the bill
now before us ; but it is our duty to encourage and
protect wit, whosesoever property it may be. Those

ON LICENSING THE THEATRES. 191
gentlemen who have any such property, are all, I
hope, our friends. Do not let, us subject them to
any unnecessary or arbitrary restraint* I must own
I cannot easily agree to the laying of any tax upon
wit : but by this bill it is to be heavily taxed ; it is to
be excised : for, if this bill passes, it cannot be re
tailed in a proper way without a permit, and the lord
chamberlain is to have the honour of being chief
gauger, supervisor, commissioner, judge, and jury.
But what is still more hard, though the poor author,
the proprietor I should say, cannot perhaps dine till he
as found out and agreed with a purchaser ; yet, be
fore he can propose to seek for a purchaser, he must
patiently submit to have his goods rummaged at this
new excise office, where they may be detained for
fourteen days, and even then he may find them re
turned as prohibited goods, by which his chief and
best market will be for ever shut against him; and
that without any cause, without the least shadow of
reason, either from the laws of his country, or the
laws of the stage. >
These hardships, this hazard, which every gentle
man will be exposed to, who writes any thing for the
stage, must certainly prevent every man of a generous
and free spirit from attempting any thing in that way ;
and, as the stage has always been the proper channel
for wit and humour, therefore, my lords, when I
speak against this bill, I must think, I plead the cause
of wit ; I plead the cause of humour ; I plead the
cause of the British stage, and of every gentleman
of taste in the kingdom. But it is not, my lords,
for the sake of wit only ; even for the sake of his?
majesty's lord chamberlain, I must be against this
bill. The noble duke who has now the honour to
execute that office has, I am sure, as little inclination
to disoblige as any man ? but, if this bill passes, he
must disoblige, he may disoblige , some of his most
intimate friends. It is impossible to write a play, but
some of the characters, or some of the satire, niay
be interpreted so as to point at some person or ano
ther, perhaps at some person in an eminent- station.
When it cemes to be acted, the people will make

192 LORD chesterfield's speech
the application ; and the person against whom the
application is made will think himself injured, and
will at least privately resent it ; at present this re
sentment can be directed only against the author ;
but, when an author's play appears with my lord
chamberlain's passport, every such resentment will be
turned from the author, and pointed directly against
the lord chamberlain, who by his stamp made the
piece current. What an unthankful office are we
therefore by this bill to put upon his majesty's lord'
chamberlain ! an office which can no way contribute
to his honour or profit, and such a one as must neces
sarily gain him a great deal of ill will, and create him
a number of enemies.
The last reason I shall trouble your lordships widi,
for my being against the bill, is that, in my opinion,
it will in no way answer the end proposed : I mean
the end openly proposed ; and I am sure the only end
which your lordships propose. To prevent the acting
of a play which has any tendency to blasphemy, im
morality, sedition, or private scandal, can signify
nothing, unless you can prevent its being printed and
published. On the contrary, if you prevent its being
acted, and admit of its being printed, you will pro
pagate the mischief. Your prohibition will prove a
bellows, which will blow up the fire you intended to
extinguish. This bill can therefore be of no use for
preventing either the publick or the private injury in
tended by such a play ; and consequently can be of
no manner of use, unless it be designed as a prece
dent, as a leading step towards another for subjecting'
the press likewise to a licenser. For such a wicked
purpose it may indeed be of great use ; and in that
light it may most properly be called a step towards
arbitrary power.
Let us consider, my lords, that arbitrary power has
seldom or never been introduced into any country at
once. It must be introduced by slow degrees, and as
it were step by step, lest the people should perceive
its approach. The barriers and fences of the people's
liberty must be plucked up one by one, and some

ON LICENSING THE THEATRES. 1§3
plausible pretences must be found for removing or
hood- winking, one after another, those .sentries who
are posted by the constitution of a free country, for
warning the people of their danger. When these
preparatory steps are once made, the people may then
indeed, with regret, see slavery and arbitrary power
making long strides over their lartd ; but it will be too
late tothink of preventing or avoiding the impending
ruin. The stage, riiy lords, and the press, are two of
our out-sentries ; if we remove them, if we hood
wink them— -if we throw them in fetters, the enemy
may surprise us. Therefore I must look upon the bill
now before us as a step, and a most necessary step
too, for introducing arbitrary power into this king^
dom : it is a step so necessary, that if ever any future
ambitious king, or guilty minister, should form to
himself so wicked a design, he will have reason to
thank us, for having. done so much of the work to
his hand ; but such thanks, or thanks from such a
man, I am convinced, every one of your lordships
would blush to receive, and scorn to deserve.

vol. i. c c

LORD CHATHAM'S SPEECH,
IS THE HOUSE 6J, LORDS, Off THE 22d OF JANUAR*, ltf6j.
ON A MOTION OF LORD ROCKINGHAM, TO INQUIRE INTCS
THE STATE OF THE NATION.
' On the 22d of January, 1770, the Marquis of Rock
ingham moved, " That a day be fixed to take into
consideration the state' of the nation*" which thenjj
was singularly agitated by the dissensions of party at
home, and by the alarming aspects Of disaffection
that began to be displayed in the American colonies*
This motion he prefaced with a speech of great
length, in which he insisted that the unhappy posture
of afEuEs/and the universal discontents of the people
did not arise from any immediate or temporary cause;
but had grown by degrees and were deeply implant
ed. From the accession of his present majesty, he
contended that there had been a total change of the
old system of English government, and a new maxim
adopted fatal to their liberties, namely ,~ " that the
royal prerogative was alone sufficient tb support go
vernment to whatever hands the administration of it
might be committed*"
Imputing all the bad measures of his majesty's
reign to the obstinate adherence to this principle; he
entered into a minute examination of those measures,
tracing their connexion with the principle, and point
ing out their direct agertcy in producing the critical
condition of the country*
He concluded^y recommending to their lordships
to appoint an early day for the discussion of his mo
tion, when he trusted the situation of the country

l96> Lord Chatham's speech on
Would be fairly and thoroughly canvassed in all its
relations, foreign, provincial, and domestick.
The Duke of Grafton, the minister, instantly arose
and declared, that so far from opposing the motion
he would second it, and was prepared to meet the
noble lord upon the momentous question whenever
the house thought proper. For the present, he meant"
only to exculpate himself from some severe reflec
tions which he thought were directed particularly
and personally against himself. After repelling these
he went however, with hasty steps over the ground
which had been previously travelled by lord Rock
ingham, and vindicated with his usual candour and
ability, the measures that were so acrimoniously
and indecently arraigned.
Lord Chatham followed him in the debate. The
speech which he delivered on the occasion we are
induced to preserve as a celebrated example of bold,
ardent, and impetuous eloquence. Though often
commended, we confess that it is not altogether to
our taste. There will be found, at least in parts of
it, little of that dignity of manner, or moderation of
temper which became the leading member ofthe first
deliberative assembly of the world. Its language has
more of the violence of passionate invective than the
energy of truth, or the sublimity of genuine enthu
siasm. Its sentiments, considering especially the em
barrassed conjuncture in which his country was placed
at the time, are such as surely wisdom would not have
dictated, or honest patriotism approved. It exhibits
no power of argument, no enlarged views of policy,
no splendour of imagery, and none of the embellish
ments of taste. It has the verba ardentia, and the
energy of declamation, and these are its only merits*
It is the vehement harangue ofa Tiberius Gracchus
to inflame a populace and to excite their noisy ac
clamations, not an eloquent and well reasoned effort
to sway the decisions of a house of lords, or to com
mand the applause of enlightened criticism.

THE STATE OF THE NATION. 197

SPEECH, 6fc. *
MY LORDS, '/ \
I MEANT to have arisen immediately to second
the motion made by the noble lord. The charge
which the noble duke seemed to think affected him
self particularly, did undoubtedly demand an early
answer. It was proper he should speak before me,
and I am as ready as any man to applaud the decency
and propriety with which he has expressed himself.
\ entirely agree with the noble lord,, both in the
necessity pf your lordships concurring with the mo-
. tion, and in the principles and arguments by which
he has very judiciously supported it. I see clearly,
that the complexion of our government has been ma
terially altered ; and I can trace the origin of the
alteration up to a period, which ought to have been
an era of happiness and prosperity to this country.
My lords, I shall give you my reasons for concur
ring with the motion, not methodically, but as they
occur to my mind. I may wander, perhaps, from
the exact parliamentary debate ; but I hope I shall say
nothing but what maydeserve your attention, and,
what, if not strictly proper at present, would be fit to
be said, when the state ofthe nation shall come to be
considered. *My uncertain state of health must plead
my excuse. I am now in some pain, and very pro*
bably may not be able tO attend my duty when I de
sire it most, in this house. I thank God, my lords,
for having thus long preserved, so inconsiderable a
being as I am, to take a part upon this great occasion,
and to contribute my endeavours, such as they are,
to restore, to save, to confirm the constitution.
*My lords, I need not look abroad for grievances.
The grand capital mischief is fixed at home. It cor
rupts the very foundation of our political existence,
and preys upon the vitals of the state. The constitu
tion has been grossly'violgted. The constitution at
this moment stands violated. Until that wound be
healed, until the grievance be redressed, it is in vain
to recommend union to parliament ; in vain to pro-

198 LORD CHATHAM'S SPEECH ON
mote concord among the people. If Wfe mean seri
ously to unite the nation within itself, we must con
vince them that their complaints are regarded, that
their injuries shall be redressed. On that foundation
I would take the lead in recommending peace and
harmony to the people. On any other, I would never
wish to see them united again. If the breach in the
constitution be effectually repaired, the people will of
themselves return to a state of tranquillity — if not,
may discord prevail forever. I know to what point
this doctrine and this language will appear dirertcd.
But I feel the principles of an Englishman, and I ut
ter them without apprehension or reserve. The crisis
is indeedalarming. So much the more does it require
a prudent relaxation on the part of government. If
the king's servants will not permit a Constitutional
question to be decided on, according to the forms,
and on the principles ofthe constitution, itjnustthen
be decided in some other manner ; and rather than it
should be given up, rather than the nation should sur
render their birthright to a despotick minister, I hope,
my lords, old as I am, I shall see the question brought
to issue, and fairly tried between the people and the
government. My lordpthis is not the language of
faction ; let it be tried by that criterion, by which
alone we can distinguish what is factious from what
is not — -by the principles of the English constitution.
I have been bred up in these principles ; and know,
that when the liberty of the subject is invaded, and
all redress denied him, resistance is justified. "' If I
had a doubt upon the matter, I should follow the ex
ample set us by the most reverend bench, with
whom I believe it is a maxim, when any doubt in
point of faith arises, or any question of controversy
is started, to appeal at once to the greatest source and
evidence of our religion — I mean the Holy Bible.
The constitution has its Political Bible, by which, if
it be fairly consulted, every political question may,
and ought to be determined. Magna Charta, the
Petition of Rights and the Bill of Rights, form that
code which, I call the Bible ofthe English Constitu-

THE STATE OF THE NATION. 199
tion.] Had some of his majesty's unhappy predeces
sors trusted less to the comments of their ministers ;
had they been better read in the text itself, the glori
ous revolution would have remained only .possible in
theory, and would not now have existed upon record
a formidable example to their successoufs.
My lords, I cannot, agree with the noble duke, that
nothing less than an immediate attack upon the ho
nour or interest of this nation, can authorize us to in
terpose in defence of weaker states, and in stopping
the enterprises of an ambitious neighbour. When
ever that narrow, selfish policy, has prevailed in our
councils, we have constantly experienced the fatal
effects of it. By suffering our natural enemies to
oppress the powers, less able than we are to make a
resistance, we have permitted them to increase their '
strerigth, we have lost the most favourable opportuni
ties of Opposing them with success; and found our
selves at last obliged to run every hazard, in making
that cause our own, in which we were not wise enough
to take part, while the expense and danger might
have been supported by others.— With respect tp
Corsica I shall only say, that France has obtained a
more useful and impprtant acquisition in one pacifick
campaign, than in any of her belligerent campaigns ;
at least while I had the honour of administering the
war against her. The word may, perhaps, be thought
singular. I mean only while I was the minister,
chiefly intrusted with the conduct of the war. I re
member, my lords, the time when Lorrain was united
to the crown of France ; that too was, in some mea
sure, a pacifick conquest ; and there were people who
talked of it, as the noble duke now speaks of Corsica.
France was permitted to take and keep possession of
a noble province ; and, according to his grace's ideas,
we djd right in not opposing it. The effect of these
acquisitions, is, I confess not immediate ; but they
unite with the main body by degrees, and, in time,
make a part of the national strength. I fear, my lords,
it is too much the temper of this country to be insen-

200 LORD CHATHAM'S SPEECH ON
sible ofthe approach of danger;, until it comes with
accumulated terrour upon us.
My lords, the condition of his majesty's, affairs in
Ireland, and the state of Jhat kingdom within itself,
will undoubtedly make a very material part of your
lordships' inquiry. I am not sufficiently informed to
enter into the subject so fully as I could wish ; but
by what appears to the publick, and from my own ob
servation, I confess I cannot give the ministry much
credit for the spirit or prudence „of their conduct. I
see, mat even^ where their measures are well chosen,
they are incapable pf carrying them through without
some unhappy mixture of weakness or imprudence.
They are incapable of doing entirely right. My
lords, I do, from my conscience, and from the best
weighed principles of my understanding, applaud the
augmentation ofthe army. As a military plan, I be
lieve it has been judiciously arranged. In a political
view, I am convinced it was for the welfare, for the
safety of the whole empire. But, my lords, with all
these advantages, with all thesd recommendations, if
I had the honour of advising his majesty, I would ne
ver have consented to his accepting the augmentation,
with that absurd dishonourable condition, which the
ministry have submitted to annex to it. My lords, I
revere the just prerogative of the crown, and would
contend for it as warmly as for the rights ofthe peo
ple. They are linked together, and naturally sup
port each other. 1 would not touch a feather of the
prerogative. The expression, perhaps, is too light;
but since I have made use of it, let me add, that the
entire command and power of directing the local dis
position of the army is the royal prerogative, as the
master feather in the eagle's wing ; and, if I were
permitted to carry the allusion a little further, I would
say, they have disarmed the imperial bird, the " Mi-
nistrum Fulminis Alitem." The army is the thunder
ofthe crown. — The ministry have tied up the hand
which should direct the bolt.
My lords, 1 remember that Minorca was lost for
want of four battalions. They could not be spared"

•THE STATE OF THE NATION; SOI
from hence; and there was a delicacy about taking
them from Ireland. I was one of those, who promo
ted an inquiry into that matter in the other house ; and
I was convinced we had not regular troops sufficient
for the necessary service of the nation. Since the
moment the plan of augmentation was first talked oft
I have constantly and warmly supported it among my
friends. I have recommended it to several members
of the Irish house of commons, and exhorted them to
support it with their utmost interest in parliament. I
did not foresee* nor could I conceive it possible; the
ministry would accept of it, with a condition that
makes the pian itself ineffectual, and, asfar as it ope
rates, defeats every useful purpose of maintaining a
standing military force. His majesty is now so con
fined by his promise, that he must leave twelve thou
sand men locked up in Ireland, let the situation of his
affairs abroad, or the approach of danger to this coun
try, be ever so alarming, unless there, be an actual re
bellion, or invasion, in Great Britain. Evfen in the
two cases excepted by the king's promise, the mis
chief must have already begun to operate, must have
already taken effect, before his majesty can be author
rized to send for the assistance of his Irish army* He
has not left himself the poWer of taking any preven
tive measures, let his intelligence be ever so certain,
let his apprehensions of invasion or rebellion be ever
so well founded. Unless the traitor be actually in
arms ; Unless the enemy be ih the he^rt of your coun
try, he Cahnot move a single man from Ireland.
I feel myself compelled, my lords, to return to that
subject which occupies arid interests me most. I
mean the internal disorder Of the constitution, and the
remedy it demands. But first, I would observe, there
is one point upon which I think the noble duke has
not explained himself. I do not mean to catch at
words, but, if possible, to possess the sense Of what I
hear. I would treat every man with candour, and
should expect the same candour in' return. For the
noble duke, in particular, I have every personal res^
peet and regard* I never desire to understand hinij
vol. i. nd

202 lord Chatham's speech on
but as he wishes to be understood. His grace, I think,
has laid much stress upon the diligence of the several
publick offices, and the assistance given them by the
administration, in preparing a state ofthe expenses of
his majesty's civil government, for the information of
parliament, and for the satisfaction ofthe publick.' He
has given us a number of plausible reasons for their
not having yet been able to finish the account ; but,
as far as I am able to recollect, he has not yet given
us the smallest reason to hope that it ever will
be finished ; or that it ever will be laid before par
liament. My lords, I am not unpractised in business, and if,
with all that apparent diligence, and all that assistance,
which the noble duke speaks of, the accounts in ques*
tion have not yet been made up, I am convinced there
must be a defect in some ofthe publick offices, which
ought to be strictly inquired into, and severely pu
nished. But, my lords, the waste of the publick mor
ney is not of itself so important as the pernicious
purpose to which we have reason to suspect that mo
ney has been applied. For some years past, there
has been an influx of wealth into this country, which
has been attended with many fatal consequences, be
cause it has not been the regular, natural produce of
labour and industry. The riches of Asia have been
poured in upon us, and have brought with them not
only Asiatick luxury, but, I fear, Asiatick principles
of government. Without connexions, without any na
tural interest in the soil, the importers of foreign gold
have forced their way into parliament, by such a tor
rent of private corruption, as no private hereditary
fortune could resist. My lords, not saying but what
is within the knowledge of us all, the corruption of the
people is the great original cause ofthe discontents of
the people themselves , of the enterprise ofthe crown,
and the notorious decay of the internal vigour of the
constitution. For this great evil some immediate re
medy must be provided ; and I confess, my lords, I
did hope, that his majesty's servants would not have
suffered so many years of peace to relapse, without

THE STATE OF THE NATION. 203
paying some attention to an object, which ought to
engage and interest us all. I flattered myself I should
see some barriers thrown up in defence ofthe constii
tution ; some impediment formed to stop the rapid
progress of corruption. I doubt not we all agree that
something must be done. I shall offer my thoughts,
such as they are, to the consideration of the house ;
and I wish that every noble lord that hears me, would
be as ready as I am to contribute his opinion to this
important service. I will not call my own sentiments
crude and indigested ; it would be unfit for me to of
fer any thing to your lordships, which I had not well
considered ; and this subject, I own, has not long oc
cupied my thoughts. I will now give them to your
lordships without reserve.
Whoever understands the theory of the English
constitution, and will compare it with the fact, must
see at once how widely they differ. We must recon
cile them to each other, if we wish to save the liber
ties Of this country ; we must reduce our political
practice, as nearly as possible, to our principles.
The constitution intended that there should be a per
manent relation between the constituent and repre
sentative body of the people, Will any man affirm,
that, as the house of commons is now formed, that
relation is in any degree preserved ? My lords, it is
not preserved ; it is destroyed. Let us be cautious
however, how we have recourse to violent expe
dients. The boroughs ofthis country have properly enough
been called the rotten parts of the constitution. I
have lived in Cornwall, and without entering ihto any
invidious particularity, have seen enough to justify
the appellatipn. But in my judgment, my lords,
these boroughs, corrupt as they are, must be consi
dered as the natural infirmity of the constitution.
Like the infirmities of the body, we must bear them
with patience, and submit to carry them about with
us. Tl^e limb is mortified, but the amputation might
be death.

204 LORD CHATHAM'S SPEECH ON
Let us try, my lords, whether some gentler reme-?
dies may not be discovered. Since we cannot cure
the disorder, let us endpavour to infuse such a portion
of new health into the constitution, as may enable it
to support its most inyeterate diseases.
The representation of the counties is, I think, still
preserved pure and uncorrupted. That of the greatest
cities is upon a footing equally respectable ; and there
are many of the larger trading towns, which still pre
serve their independence. The infusion pf health
which I now allude to, would be to permit every
county to elect one member more, in addition to their
present representation. The knights of the shires
approach nearest to the constitutional representation
of the country, because they represent the soil. It is
not in the little dependent boroughs, it is in the great
pities and counties that the strength and vigour of thp
constitution resides, and by them alone, if an unhap
py question should ever arise, will the constitution be
honestly find firmly defended. It would increase
that strength, because I think it is the only security
we have against the profligacy of the times, the cor- .
ruption of the people, and the ambition of the crown.
I think I have weighed every possible objection
that can be raised against a plan of this nature ; and I
Confess I see but one, which, to me, carries any ap
pearance of solidity. It may be said, perhaps, that
when the act passed for uniting the two kingdoms, the
number of persons who were to represent the whole
nation in parliament was proportioned and fixed on
for ever. That this limitation is a fundamental article,
and cannot be altered, without hazarding a dissolution
pf the Union,
My lords, no man who hears me can have a greater
reverenpe for that wise and important act, than I have.
j revere the memory of that great prinCe who first
formed the plan, and of those illustrious patriots who
parried it into execution. As a contract, every arti
cle of it should be inviolable ; as the common basis pf
the strength and happiness of two nations, every arti.
pie of it sjipuld be sacred. I hope I cannot be suspect-

THE STATE OF THE NATION. 205
ed of conceiving a thought so detestable, as topropose
an advantage to one of the contracting parties at the
expense of the other. No, my lords, I mean that the
benefit should be universal, and the consent to receive
it unanimous. Nothing less than a most urgent and
important occasion should persuade me to vary even
from the letter of the act ; but there is no occasion,
however urgent, however important, that should ever
induce me to depart from the spirit of it. Let that spirit
be religiously preserved. Let us follow the principle
upon which the representation of the two countries
was proportioned at the Union ; and when we increase
the number of representatives for the English coun
ties, let the shires of Scotland be allowed an equal
privilege. On these terms, and while the proportion
limited by the Union is preserved by the two nations,
I apprehend that no man who is > a friend to either,
will object to an alteration, so necessary for the secu
rity of both. I do not speak of the authority of the
legislature to carry such a measure into effect, be
cause I imagine no man will dispute it. But I would
not wish the legislature to interpose by an exertion
of its power alone, without the cheerful concurrence
of all parties. My object is the happiness and secu
rity of the two nations, and I would not wish to
obtain it without their mutual consent.
My lords, besides my warm approbation of the
motion made by the noble lord, I have a natural and
personal pleasure in rising up to second it. I consider
my seconding his lordship's motion, and I Would
wish it to be considered by others, as a publick de
monstration of that cordial union, which I am happy
to affirm, subsists between us— -of my attachment
to those principles which he has so well defend
ed, and of my respect for his person, There has been
a time, my lords, when those who wished well to nei
ther of us, who wished to see us separated for ever,
found a sufficient gratification for their malignity
against us both. But that time is happily at an end.
The friends of this country will, I doubt not, hear
with pleasure, that the noble lord and his friends are

206 LORD CHATHAM'S SPEECH, &C.
now united with me and mine, upon a principle
which, I trust, will make our union indissoluble.
It is not to possess, or divide, the emoluments
of government ; but, if possible* to save the state.
Upon this ground we met; upon this ground we
stand, firm and inseparable. No ministerial artifices,
no private offers, no secret seduction, can divide us.
United as we are, we can set the profoundest policy of
the present ministry, their grand, their only arcanum
of government, their divide et impera, at defiance.
v I hope an early day vvill be agreed to for consider
ing the state of the nation. My infirmities must fall
heavily upon me, indeed, if I do not attend my duty
that day. When I consider my age, and unhappy
state of health, I feel how little I am personally inte
rested in the event of any political question. But I
look forward to others, and am determined, as far as
my poor ability extends, to convey to them who come
after me, the blessings which I cannot hope to enjoy
myself.

MR. MURRAY'S SPEECH,
AFTERWARDS LORD MANSFIELD, ON A BILL INTRODUCES
INTO THE HOUSE OF COMMONS DECEMBER THE ELEVENTH)
1742, TO PREVENT THE ENSURANCE OF FRENCH SHIPS, &C.
DURING THE WAR.
1 O indulge the liberal curiosity which we know
has eagerly sought the legal and parliamentary speeches
of the late Earl Mansfield, we have directed a very
careful and extensive research into the multifarious
repositories of fugitive literature. But this range of
inquiry has been rewarded with such slender acquisi
tions, that it has served to confirm the apprehension
we entertained when we undertook it, that these glo<-
rious productions of his genius and of his learning had
met with the sinister fate common to the eloquence of
the imes.
As far as we are able to determine, it appears that,
xjf all his forensick pleadings,, not one has been faith
fully reported. The substance, indeed, of many of
them may be had, but naked and deformed, without
any ofthe life, or grace, or elegance of diction by which
they were confessedly distinguished in the delivery.
We reject, therefore, the whole of these unseemly,
crude, and defective reports, as the mere husks from
which has escaped, in the careless process of preser
vation, every particle of the etherial spirit originally
infused into his speeches.
This neglect of his legal, has not been redeemed
by. any superiour attention to his parliamentary elo
quence. For though upwards of half a century he
took a leading part in the more important debates of

208 LORD MANSFIELD'S SPEECH ON
the two houses, there is a very small number of his
real speeches extant. Of the meagre skeletons of
the stenpgrapher, and of the plausible impositions of
venal writers, enough may be found. We have
culled a few speeches that are indubitably genuine,
and which perhaps, are the only remaining monuments
of his eloquence, except his judicial decisions, some
of which are interspersed with the sublimest effusions
of the art.
The speech here inserted, was delivered on the
eleventh of December, 1747, on a bill brought into
the house of commons to prevent the ensurance of
French ships, and their lading, during the conti
nuance of the war with that power. Though in this
speech we do not discern much of the mellifluence
of the " silver tongued Murray," yet we at once re
cognize in it the accustomed subtlety of his argumen
tation, and the profound and pertinent knowledge
which he uniformly brought into discussion.
The correct views exhibited in the speech of an
exceedingly interesting doctrine of commercial policy
give it a solidity of value not to be impaired by any
comparative deficiency of rhetorical drapery.
SPEECH, &fc.
MR. SPEAKER, ALTHOUGH I have Very little hopes of suc
ceeding in opposition to what the honourable gen
tleman has proposed, yet, as I have the honour
of a seat in this assembly, I think the duty I owe to
my country obliges me" to give my sentiments openly
and freely upon the subject, because, I see we are
about to do what we have often done upon like occa
sions* We are going to make a regulation under
popular pretences, which, in my opinion, will ruin
a very beneficial branch of trade we are now in pos
session of, I may say, without a rival, and will transfer
it to our greatest rival and most dangerous enemy.
This, I say, sir, we have often done before, of which
I could give a multitude of instances, but shall men-

THE ENSURANCE OF FRENCH SHIPS. 209
tion only a few, in order to show how. cautious we
ought to be of making any new regulations or prohi
bitions with respect to trade, however plausible the
pretences may be that are offered for inducing our
approbation. In the reign of Charles II. our landed gentlemen^
especially those in the west, found that the produce
of their estates, shch as cattle, sheep, swine, butter,
and cheese, was very much lowered in its price by the
importation of such commodities, especially from
Ireland. Though it is the general interest of every
country, where there is any trade or manufacture, to
have the price of those commodities as cheap as pos
sible, because it lessens the price of labour^ and
consequently enables them to undersell their rivals at
every foreign market ; yet the imaginary private in
terest of our landed gentlemen prevailed, in spite of
the court, over the general interest of the country,
and a law was made for prohibiting the importation of
all such commodities. I say, sir, the imaginary in
terest of the landed gentlemen ; for it is certainly
their real interest to encourage by all possible means
the trade, manufactures, and commerce* of their coun
try : but this is a future distant interest* which
strikes very few men so strongly as that which is
present ; and therefore the present imaginary interest
then prevailed over that which was real* but future;
What was the consequence ? As to the black cattle
andsWine, the Irish being thus prevented from im
porting them into England, where formerly they were
fattened up and killed, the breeders of such cattle and
swine were forced to fatten them up themselvesj to
salt what they could not find vent for at home, and to
sell their salt beef and p6rk, as well as their butter
and cheese, to the French, who were then just be
ginning to set up manufactories* and to plant their su
gar colonies, neither of which they could so easily or
so soon have done, had they not been supplied with
these provisions from Ireland*
This was, sir, the fatal consequence of our wise
regulation with respect to Irish black cattle, swinej
VOL. I. EC

210 MR* MURRAY'S SPEECH ON
butter, and cheese ; but, with respect to sheep, die
consequence was still more fatal : for, the Irish being
prevented from bringing their sheep to England,
and being unable to make any thing of them when
killed at home, or to send them dead or alive to any
foreign market, they kept them running in their sheep
Walks, and increasing in number every year, merely
for the sake of the wool, by which that commodity
was rendered much cheaper in Ireland than it was in
England, which produced two consequences fatal to
our trade and manufactures ; for, first, by the cheap
ness of wool in Ireland, great quantities of it were
stolen away to France, notwithstanding the utmost
we could do to prevent it, and sold there as cheap as
the same commodity could be sold in England, which
laid the first and chief foundation of all their woollen
manufactures; and, secondly, by the cheapness of wool
in Ireland the people there were enabled to set up
woollen manufactures of their own, which soon came
to vie with those of England ; so that our merchants
found themselves rivalled and undersold at all foreign
markets by the Irish, which led us into the com
mitting of anpther most egregious solecism in our
politicks with Vegard to our trade.
As I have said, sir, the merchants, who exported
our woollen manufactures, soon found themselves ri
valled and undersold at most foreign markets by the
Irish ; this obliged them to endeavour to beat down
the price of our manufactures here at home ; and the
reason they assigned for so doing was their being un
dersold by the Irish abroad, which of course raised
a popular clamour against allowing the Irish to export
any woollen manufactures. As every set of trades
men, and indeed every particular tradesman, would
be glad to have a monopoly in what he deals in, it
was no way surprising to hear such a clamour raised
among our manufacturers and unthinking people here
at home ; and if we could by a law prevent every
nation in the world from carrying on any woollen ma
nufactures, I shall grant, that it would have been
right to have prohibited the exportation of woollen

THE ENSURANCE OF FRENCH SHIPS. 211
manufactures from Ireland : but as we cannot by a
law prevent other nations from being our rivals in this
manufacture, as well as every other ; as we can no
way do this but by enabling our own people to
work up and sell their manufactures cheaper than the
same sort of manufactures can be worked up and sold
in any other country, instead of prohibiting the ex
portation of any woollen manufactures from Ireland,
we should have thought only on methods for render
ing the materials and labour in England as cheap as
they were in Ireland ; and the first and most obvious
method for this purpose was, to have repealed that
law which prohibited the importation of so many of
the necessaries of life from Ireland. /
But, sir, instead of this, the popular clamour pre
vailed, and in the year 1699 a law was passed for pro
hibiting the exportation of any woollen manufactures
whatsoever out of Ireland to any place except England
and Wales. Nay, even to England and Wales the
exportation was laid under such restrictions, as made
it almost impossible for the Irish to sell any of their
woollen manufactures, except in their own country:
the consequence of which was of course, that many
of their manufacturers, both masters and servants,
were obliged to seek for employment in foreign coun
tries, and most of them went to France, which esta
blished the woollen manufactures of that kingdom,
and increased the clandestine exportation of wool from
Ireland to France ; so that in a little time' the French
made sufficient for their own consumption, and by a
new solecism in our politicks, we soon opened for
them a foreign market. But before I explain myself
upon this head, I shall observe, that if we had, in
the year 1699, repealed the law which prohibited the
importation of Irish cattle, sheep, swine, butter, and
cheese, it would have enabled the manufacturers in
England to work up and sell their manufactures as
cheap as the Irish, and both would have been sold, so
cheap at foreign markets, as would have generally
increased the demand, which would have furnished
employment enough for all the manufacturers both in

212 MR. MURRAY'S SPEECH ON
Ireland and England, and would have rendered it
impossible for the French to succeed in establishing
a woollen manufacture of any kind, because the
cheapness of our course woollen manufactures would
have made them be run into France, and consumed
there, in spite of all the measures their government
could have taken to prevent it ; and every one knows,
that manufactories have in all countries been first set
up by the coarser sort of manufactures ; consequent
ly, if we could have prevented the French from suc
ceeding in any of the coarser sort, we should have
prevented their being ever able to manufacture any
Of the finer sort, either for themselves or their neigh
bours. Thus, sir, by endeavouring to keep up the price
of our own manufactures, at the expense of our fellow-
subjects in Ireland, we enabled our most dangerous
enemies to succeed so far in setting up woollen ma
nufactories, as to furnish themselves with what they
wanted in that way ; and^ as I have said, we at last
enabled them, by a new solecism in our politicks
with regard to trade, to become our rivals at foreign
markets. What I mean, sir, is our declaration of
war against Spain in 1 702 ; for, though we had suffi
cient provocation to declare war against France, the
new king of Spain? whom we had acknowledged but
the year before, had given us no provocation to declare
war against him ; and a regard for our trade with
Spain, which had been always before of great advan
tage to us, should have made us avoid being the
first to declare war against that kingdom. Till that
time, Spain had always been the chief mart for our
woollen manufactures ; but, by thus rashly declaring
war against them, we shut up, in a great measure,
that mart for the woollen manufactures of England,
and opened it for those of France ; for, though we
were then wise enough not to prohibit trade with
Spain, notwithstanding the war we had declared, yet
the war gave such an interruption to our commerce,
and raised such an aversion among the Spaniards
against us, that by degrees they were brought into

THE ENSURANCE OF FRENCH SHIPS. 213
the custom of wearing French instead of English
manufactures. I could mention many other instances, sir, where
we have injured our own trade, ahd promoted that of
our most inveterate enemy, by ill-judged regulations,
or mistaken politicks; but these, I hope, will be
fufficient for showing gentlemen how cautious they
ought to be, when any new regulation is proposed
with respect to trade, especially a regulation which
may perhaps strip us of the only branch of trade we
now enjoy without a rival, and may very probably
trahsfer it to our enemies the French. I say, sir, a
branch of trade, which we now enjoy without a
rival; for, I believe, there is a great deal more of the
ensurance business done now in England than in all
Europe besides. Not only the nations we are in
amity with, but even our enemies the French and
Spaniards, transact most of their business of ensu
rance here at London ; and I cannot think it any crime
in our merchants to correspond with them on this
head, no more than it was in our merchants to corres
pond about trade with the Spanish merchants during
the whole time of the war in queen Anne's reign.
To carry on trade for the mutual benefit of both na
tions is not aiding and assisting the enemy, nor is it
such a correspondence as was intended to be prohi
bited by his majesty's declaration of war, especially
when it is such a trade as must always leave a large
balance in ready money here in England.
This balance, I shall grant, sir, may appear to be
but a trifle when compared with the expense we arc
at in supporting the war ; but, the greater that ex
pense is, the more money we are obliged to send
out yearly on that account ; surely, the more cau
tious we ought to be of parting with any branch of
trade which certainly leaves a balance here : and, if
we consider the great profits made by the ensurer, the
profits made by the broker or office keeper, the pro
fits made by the factor, and the profits made by our
dealers in exchange, we cannot suppose this balance
to be such a trifle as the honourable gentleman seems

214 MR. murray's.speech on

»¦

inclined to represent it. For my own part, I must
suppose that it amounts.to a very large sum annually,
when I consider the vast sums yearly ensured here
upon French and Spanish bottoms, both which I must
take into the account, because I am of opinion that
we shall lose both by this regulation.
Nevertheless, sir,' however great I may think this
balance, however dangerous I may think the regula
tion proposed, I should readily agree to it, could I
think it certain that the French merchants would find
it impossible to meet with good ensurers either at
home or in any other part of Europe : but I am so far
from thinking this certain, that I think the certainty
lies on the other side. It is well known that there is
not a more enterprising, adventurous people in Eu
rope than the French naturally are, nor a people that
have a greater itch for every thing that looks like ga
ming. Their having no publick ensurance office,
nor any number of private ensurers in France, does
not proceed from a want of rich men, who would be
ready and willing to undertake this business, but from
the difficulty they find at present to get any employ-;
ment in this way. The French merchants have been
so long accustomed to our shop, and have always
found themselves so honourably dealt with, that they
will not apply to any other, and will rather choose to
pay commission here, than trust to any office, or any
private ensurer, among themselves. Therefore, while
we admit them to ensure here, it will never be in the
power even of the government of France to set up a
publick ensurance office, nor can any private man
there meet with encouragement in this way of busi
ness. But I am convinced, that, as soon as they hear
ofthis bill's being passed into a law, a publick office
of ensurance will be erected at Paris, and multitudes
of1 rich men there will undertake the business ; be
cause, after we have banished their merchants from
our shop, they will apply to the shops set up in their'
own country, rather .than to any foreign shop they
have never been accustomed to.

THE ENSURANCE OF PRENCH SHIPS. 215
'4&
What are we then to do by this regulation ? Why,
sir, we are to strip ourselves of a most profitable
branch of trade, and transfer it to the French, who
could never have got hold of it, if it had not been for
this our wise regulation. Arid this will be the effect,
not only as to ensurances upon French ships, but,, in
a very little time, as to the ensurances upon all the
ships of Spain and Portugal; for, as the correspon
dence between them and Paris is quicker, and more
certain, than the ' correspondence between them and
London, they will apply to the offices of ensurance
at Paris, as soon as these offices have come into a little
credit ; and, if a publick office be set up there, with
a large capital, their capital will procure them credit,
as soon as the office is opened.
Having thus, sir, shown how probable it is, that
the French merchants will find ,an easy and secure ac
cess to ensurance at. home, the very moment we ex
clude them from it in England, I think I have no
occasion to take notice of the advantages we shall reap
by the exclusion ; for all those advantages are founded
upon a supposition that it will be impossible for them
to find so cheap and so secure an ensurance at home
as they now find in England, which is a supposition
that, for the reasons I have mentioned, cannot^ I
think, with any reason, be supposed; and if this
should turn out to be the case, as I am afraid it will,
we shall strip ourselves ofa branch of trade by which
we now make a clear profit perhaps of several hun
dred thousand pounds yearly, and transfer it to our
most dangerous rival ; which is not, I am sure, a pro
per method for bringing the war to a happy and speedy
conclusion. ,
, Having mentioned the war, sir, I must observe,
that our success at sea this last summer makes it
more necessary for us to think of such a regulation
now, than it has at any time since the war began ; and,
if Providence should favour us with the^ame success
next summer, we shall have no occasion to prohibit
ensurances upon French ships ; for it will raise the
price of ensurance so high, that no man, either in

216 mr. Murray's speech on
#
France or any where else, will think of sending goods
by any such ship. Before a merchant sends out a
cargo, he always first sits down and computes what
profit he may probably make by the adventure out
and home ; and, if the ensurance be so high that no
profit he can expect will answer it, and something
more for his own trouble and the use of his money,
he will certainly resolve to send out no cargo at all.
Therefore, if, by the success of our squadrons and
cruisers, we should be able to raise the price of ensur
ance upon French ships to such a height that no trade
could bear it, we shall much more effectually, and
more safely, put an end to the French commerce, at
least in their own ships, than we can do by this regu
lation; and, if they should fall upon any way to carry
on their commerce in neutral bottoms, this regulation
can no way affect it. This we should attempt ; this,
I am very sure, our ministers will do all that lies in
their power to effectuate ; and therefore, I think, we
should suspend agreeing to any such dangerous regu
lation, till we have tried a little further what can be
done in this way.
Before I sit down, sir, I must take notice of a sus*
picion, not a supposition, thrown out by the honour
able gentleman, that some of our ensurers have given
intelligence to the French of the stations of our men
of war and privateers, in order to prevent the French
ships on which they had ensured coming in their way.
For my own part, I never heard that any such thing
was suspected ; but, on the contrary, I have heard
that sofne of the richest prizes taken in this warfell
into our hands by intelligence communicated by those
employed to get ensurances upon them. To this I
must add, that it is, in my opinion, impossible for
oun ensurers to give intelligence of the stations either
of our cruisers or privateers ; because our cruisers
neVer know their stations till they open their instruc
tions at sea, being, as I have heard, directed first to
sail to such a station, and there to open their new or
ders ; and as to our privateers, their station is always
left to the direction of the captain, who may change it

THE ENSURANCE OF FRENCH SHIPS, 217
as often as he will, and seldom goes out with any fix
ed design ; or, if he does, he will, for his own sake,
as well as for the sake of his owners, let no one into
the secret.
I must therefore be.of opinion, sir, that neither in
this respect, nor any other, our ensurers can do us
any prejudice if they would ; nor can they I think,
give the French commerce any advantage, but such
a one as the French merchants may meet with at
home, the moment we exclude them from it here.
How far the popular clamour without doors may pre
vail upon gentlemen within, I do not know ; but, as
I look upon the expedient proposed as a very dangeT
rous one, and as an expedient that will certainly be
attended with an advantage to the French trade, "and
a loss to our own ; as I hope, and not without just
grounds, that the advance of the premium will soon
put an entire stop to all French ensurarices here or any
where else, and consequently to all the French com
merce in their own shipping, I must be against what
is proposed ; ahd, though Lwas sensible of its being
at present a little unpopular to oppose such a propo
sition, I thought I was, in duty to my country, obli
ged to declare my sentiments openly and freely upon
the subject.

VOL. i F f

LORD CHATHAM'S SPEECH*

ON THE BILL, AUTHORIZING THE QUARTERING OF BRITISH
SOLDIERS ON THE INHABITANTS OF BOSTON.
Conformably to the scheme of rigorous
coercion which the administration of Lord North had
determined to pursue against the refractory colonies,
a bill authorizing the quartering of soldiers on the in
habitants of Boston, was introduced into the house of'
lords on the 27th of May, i774.
During the two preceding sessions* Lord Chatham
had withdrawn from parliament, in utter despair of
opposing with any prospect of success the large, re-*
solute, and united majorities ofthe ministry*
But this bill being considered by him as especially
calculated to inflame the temper of the Americans
already alarmingly excited, and even indeed, to drive
them to the violence of open revolt, he was induced
once more to come forward, and by the exertion of
his eloquence to endeavour to frustrate the perilous
measure, and thus, to stay the current of disasters
which he saw was ready to break upon the empire*
The speech was of no avail*
SPEECH, 6fc.
MY LORDS, .
THE unfavourable state of health under which
I have long laboured, could not prevent me from
laying before your lordships my thoughts on the bill
now upon the table, and on the American affairs in
general.
^ If we take a transient view of those motives which
induced the ancestors of our fellow subjects in Ame*

£20 LORD CHATHAM'S SPEECH ON
rica to leave their native country, to encounter the'
innumerable difficulties of the unexplored regions of
the western world, our astonishment at the present
conduct of their descendants will naturally subside.
There was no corner of the world into which men of
their free arid enterprising spirit would not fly with
alacrity* rather than submit to the slavish and tyran
nical principles, which prevailed at that period hi their
native country. And shall we wonder, my lords, if
the descendants of such illustrious characters spurn,
with contempt, the hand of unconstitutional power,
that would snatch from them such dear bought privi
leges as they now contend for ? Had the British colo
nies been planted by any other kingdom than our own,
the inhabitants would have carried with them the
chains of slavery, and spirit of despotism; but as
they are, they ought to be remembered as great in
stances to instruct the world, what great exertions
mankind will naturally make, when they are left to
^ the free exercise of their own powers^ And, my lords,
notwithstanding my intention to give my hearty ne
gative to the question now before you, I cannot help
condemning in the severest manner, the late turbulent
and unwarrantable conduct of the Americans ih some
instances, particularly in the late " riots of Boston*
But, my lords, the mode which has been pursued to
bring them back to a sense of their duty to their.pa-
rent State, has been so diametrically opposite to the
fundamental principles of sound policy, that indivi
duals, possessed of common understanding, must be
astonished at such proceedings. By blocking up the
harbour of Boston, yoti have involved the innocent '
trader in the same punishment with the guilty profli
gates who destroyed your merchandise ; and instead
of making a well concerted effort to secure the real
offenders, you clap a naval and military extinguisher
over their harbour, and punish the crime of a few
lawless depredators and their abettors, upon the whole
body of the inhabitants.
My lords, this country is little obliged to the fra-
mers and promoters ofthis tea tax. The Americans

OJIARTERING SOLDIERS IN BOSTON. 221
had almot forgot, in their excess of gratitude for the
repeal of the stamp act, any interest but that of the
mother country ; there seemed an emulation among
the different provinces who should be most dutiful
and forward in their expressions of loyalty to their
real benefactor ; as you will readily perceive by the
following letter from governour Bernard to a noble lord
then in office.
" The house of representatives," says he, " from
the time of opening the session to this day, has shown
a disposition to avoid all dispute with me; every
thing having passed with as much good humour as I
could desire. They have acted, in all things, with
temper and moderation; they have avoided some
subjects of dispute, and have laid a foundation for
removing some causes of former altercation."
This, my lords, was the temper of the~Americans ;
and would have continued so, had it not been inter
rupted by your fruitless endeavours to tax them with
out their consent: but the moment they perceived
your intention was renewed to tax them, under a pre
tence of serving the East India company, their resent
ment got the ascendant of their moderation, and hur
ried them into actions contrary to law, which, in their
cooler hours, they would have thought on with hor
rour : for I sincerely believe, the destroying of the
tea was the effect of despair*
But, my lords, from the complexion of the whole
of the proceedings, I think that administration has
purposely irritated them into those late violent acts,
for which they now so severely smart ; purposely to
be revenged on them for the victory they gained by
the repeal of the stamp act : a measure to which they
seemingly acquiesced ; but at the bottom they were
its real enemies. For what other motive could in
duce them to dress taxation, that father of American
sedition in the robes of an East India director, but to
break in upon that mutual peace and harmony, which
then so happily subsisted between them and the mo
ther country.

222 Lord Chatham's speech on
My lords, I am an old man, and Would advise the
noble lords in office to adopt a more gentle mode of
governing America ; for the day is not far distant,
when America may vie with these kingdoms, not
only in arms, but in arts also. It is an established
fact, that the principal towns in America are learned
and polite, and understand the constitution of the
empire as well as the noble lords who are now in of
fice ; and, consequently, they will have a watchful
eye over their liberties, to prevent the least encroach
ment on their hereditary rights.
This observation is so recently exemplified in an
excellent pamphlet, which comes -from the pen of an
American gentleman, that I shall take the liberty of
reading to your lordships his thoughts on the com
petency of the British parliament to tax America,
which, in -my opinion, puts this interesting matter in
the clearest view.
" The high court of parliament," says he, " is the
supreme legislative power over the whole empire; in
all free states the constitution is fixed ; and as the su
preme legislature derives its power and authority from
the constitution, it cannot overleap the bounds of it,
without destroying its own foundation. The consti
tution ascertains and limits both sovereignty and alle
giance ; and therefore his majesty's American sub
jects, who acknowledged themselves bound by the
ties of allegiance, have an equitable claim to the full
enjoyment of the fundamental rules of the English
constitution ; and that it is an essential, , unalterable
right in nature, ingrafted into the British constitution
as a fundamental law, and ever held sacred and irrevo
cable by the subjects within this realm, that what a
man has honestly acquired, is absolutely his own ;
which he may freely give, but which cannot be taken
from him without his consent."
"* This, my lords, though no new doctrine, has al
ways been my received and unalterable opinion, and
I will carry it to my grave, that this country had no
right under Heaven to tax America. It is contrary
to all the principles of justice and civil polity, which

QUARTERING SOLDIERS IN BOSTON. 223
neither the exigencies of the state, nor even an acqui
escence in the taxes, could justify upon any occasion
whatever. Such proceedings will never meet their
wished for success ; and, instead of adding tp their
miseries, as' the bill now before you most undoubtedly
dees, adopt some lenient measures, which may lure
them to their duty ; proceed like a kind and affection
ate parent over a child whom he tenderly loves ; and,
instead of those harsh and severe proceedings, pass
an amnesty on all their youthful errours ; claep them
once more in your fond and affectionate arms ; and I
will venture to affirm you vfill find them Children
worthy of their sire. But should their turbulence
exist after your proffered terms of forgiveness, which
I hope and expect this house will immediately adopt,
I will be among the foremost of your lordships to
move for such measures as will effectually prevent a
future relapse, and make them feel what it is to pro
voke a fond and forgiving parent ! a parent, my lords,
whose welfare has ever been my greatest and most
pleasing consolation.. This declaration may seem
unnecessary; but I will venture to declare, the pe
riod fs not far distant, when she will want the assist,
ance of her most distant friends : but should the all
disposing hand of Providence prevent me from afford
ing her my poor assistance, my prayers shall be ever
for her welfare — Length of days be in her right hand,
and in her left riches and honour ; may her ways be
the ways of pleasantness, and all her paths' be peace .'

LORD CHATHAM'S SPEECH
IN THE HOUSE OF LORDS, JANUARY 20th 1775. ON A MO
TION FOR AN ADDRESS TO HIS MAJESTY, TO GIVE IMMEDI
ATE ORDERS FOR REMOVING HIS TROOPS FROM BOSTON
FORTHWITH, IN ORDER TO O.UIET THE MINDS AND TAKE
AWAY THE APPREHENSIONS OF HIS GOOD SUBJECTS IN
AMERICA.
jLORD Dartmouth, the secretary of state for the co
lonial department, laid before the house of lords a va
riety of papers relating to American affairs at the
opening of parliament, on the 20th of January 1775*
Convinced, by the contents of thqse documents,
that it was not too late to renew a conciliatory policy
with the colonies, lord Chatham moved on the same
day, an address to his majesty, praying the removal
ofthe troops from Boston, as a primary step towards
the restoration of harmony, and the cementing, of a
permanent attachment.
It being previously understood, notwithstanding
the infirmities of his health, and the little respect for a
long time paid by ministry to his sentiments, that he
would on this important occasion leave his retirement,
to lend another effort to save that empire which, re
cently, under his auspices had reached such consum
mate glory, the house, at an early hour, was filled by
an uncommonly numerous attendance of members,
and the bar below, with an anxious and admiring au
dience. When he arose to speak, observes a describer of
the scene, all was silence and profound attention.
Animated, and almost inspired by his subject, he
seemed to feel his own unrivalled superiority. His
vol. i. g g

226 . LORD CHATHAM'S SPEECH ON
venerable figure, dignified and graceful in decay, his
' language, his voice, his gesture, were such as might
at this momentous crisis, big with the fate of Britain,
seem to characterize him as the guardian genius of
his country.
This impressive appeal produced no salutary effect.
The motion was rejected by the usual majority. Hos
tilities soon afterwards commenced, and, as he predic
ted, the " immedicabile vulnus^ was sustained by the
empire. '.
SPEECH, &c.
MY LORDS, AFTER more than six weeks possession ofthe
papers now before you, on a subject so momentous,
at a time when the fate of this nation hangs on every
hour ; the ministry have at length condescended to
submit to the consideration of this house intelligence
from America, with which your lordships and the pub
lick have been long and fully acquainted.
The measures of last year, my lords, which have
produced the present alarming state of America,
were founded upon misrepresentation; they were
violent, precipitate and vindictive. The nation was
told, that it was only a faction in Boston, which oppo
sed all lawful government ; that an unwarrantable in
jury had been dOne to private property, for which the
justice of parliament was called upon, to order repara
tion ; — that the least appearance of firmness would
awe the Americans into submission, and upon only
passing the Rubicon we should be, sine clade victor.
That the people might choose their representatives
under the impression of those misrepresentations, the
parliament was precipitately dissolved. Thus the na
tion was to be rendered instrumental in executing the
vengeance of administration on that injured, unhappy,
traduced people. *':.
But now, my lords, we find, that instead of sup
pressing the opposition ofthe faction at Boston, these
measures have spread it over the whole continent.

REMOVING THE TROOPS FROM BOSTON. 227
They have united that whole people, by the most in
dissoluble of all bands-*4ntolerable wrongs. The
just retribution, is an indiscriminate, unmerciful pro
scription ofthe innocent with the guilty, unheard and
untried. The bloodless victory, is an impotent gene
ral with his dishonoured army, trusting solely to the
pickaxe^ and the spade, for security against the just
indignation of an injured and insulted people.
My lords, I am happy that a relaxation of my in
firmities permits me to seize this earliest opportunity
of offering my poor advice to save this unhappy coun
try, at this moment tottering to its ruin. But, as I
have not the honour of access to his majesty, I will
endeavour to transmit to him through the eonstitu-
• tional channel of this house, my ideas on American
business, to rescue him from the misadvice of his
present ministers. I congratulate your lordships that
the business is at last entered upon, by the noble '
lord's* laying the papers before you. As I suppose
your lordships are too well apprized of their contents,
I hope I am not premature in submitting to you my
present motion, t
I wish, my lords, not to lose a day in thb urgent,
pressing crisis. An hoar now lost in allaying ferments
in America, may produce years of calamity. For
my own part, I will not desert, for a moment, the
conduct ofthis weighty business, from the first to the
last. Unless nailed to my bed by the extremity of
sickness, I will give it unremitted attention. I will
knock at the door of this sleeping and confounded
ministry, and will rouse them to a sense of their im
portant danger.
When I state the importance of the colonies to this
country, and the magnitude of danger hanging over
this country, from the present plan of misadpinistra-
tion practised against them, I desire not to be under
stood to argue for a reciprocity of indulgence between
England and America. I contend not for indulgence,
but justice to America ; and I shall ever contend, that
* Lord Dartmouth. t Reads, the motion.

228 LORD CHATHAM'S SPEECH ON
the Americans justly owe obedience to us in a limited
degree — they owe obedience to our Ordinances of
trade and navigation ; but let the line be skilfully
drawn between the objects of those ordinances, and
their private internal property. Let the sacredness of
their property remain inviolate. Let it be taxable only
by their own consent, given in their provincial assem
blies ; else it will cease to be property. As to the
metaphysical refinements, attempting to show that
the Americans are equally free from obedience and
commercial restraints, as from taxation for revenue,
as being unrepresented here, I pronounce them futile,,
frivolous, and groundless.
When I urge this measure of recalling the troops
from Boston, I urge it on > this pressing principle, .
that it is necessarily preparatory to the restoration of
your peace, and the establishment of your prosperity.
It will then appear that you are disposed to treat ami
cably and equitably;, and to -consider, revise, and
repeal, if it should be found necessary, as I affirm it
will, those violent acts and declarations which have
disseminated confusion throughout your empire. >
Resistance to your acts was necessary as it was
just ; and your vain declarations of the omnipotence
of , parliament, and your imperious doctrines of the
necessity of submission, will be found equally impo
tent to convince, or to enslave your fellow subjectsJin
America, who feel that tyranny, whether ambitioned
by an individual part of the legislature, or the bodies
who compose it, is equally intolerable to British
subjects. The means of enforcing this thraldom are found to
be as ridiculous and weak in practice, as they are un
just in principle. Indeed I cannot but feel the most
anxious sensibility for the situation of general Gage,
and the troops under his command ; thinking him,
as 1 do, a man of humanity ard understanding ; and
entertaining as I ever will, the highest • respect, the
warmest love for the British troops. Their situation
is truly unworthy ; penned up — pining in inglorious
inactivity, They are an army of impotence. You

REMOVING THE TROOPS FROM BOSTON. 229
may call them an army of safety and of guard; but
they are in truth an army of impotence and contempt;
and, to make the folly equal to the disgrace, they are
an army of irritation and vexation.
But I find a report creeping abroad, that ministers
censure general Gage's inactivity. Let them censure
him — it becomes them — it becomes their justice and
their honour. I mean not to censure his inactivity.
It is a prudent and necessary inaction i but it is a mi
serable condition, where disgrace is prudence, and
where it is necessary to be contemptible. This tame-
ness, however contemptible, cannot be censured ; for
the first drop of blood shed in civil and unnatural war
might be immedicabile "oulnus.
f\ therefore urge and conjure your lordships, im
mediately to adopt this conciliating measure, fl will
pledge myself for its immediately producing concilia
tory effects, by its being thus well-timed : but if you
delay till your vain hope shall be accomplished, of
triumphantly dictating reconciliation, you delay for
ever. But, admitting that this hope, which in truth
is desperate, should be accomplished, what do you
gain by the imposition of your victorious amity ? —
you vvill be untrusted and unthanked. Adopt, then
the grace, while you have the opportunity of recon
cilement ; or at least prepare the way. J Allay the fer
ment prevailing in America, by removing the ob
noxious hostile cause — obnoxious and unserviceable ;
for their merit can be only inaction : " Non dimicare
et vincere," — their victory can never be by exertions.
Their force would be most disproportionately exerted
against a brave, generous, and united people, with
arms in their hands, and courage in their hearts : —
three millions of people, the genuine descendants of
a valiant and pious ancestry, driven to those deserts
by the narrow maxims of a superstitious tyranny.—
And is, the spirit of persecution never to beappeased?
Are the brave sons of those brave forefathers to inhe
rit their sufferings, as they have inherited their vir
tues? f Are they to sustain the -infliction of the most
oppressive and unexampled severity, beyond the ac-

250 LORD CHATHAM'S SPEECH
counts of history, or description of poetry : " Rha-
ddmanthus habet durissima regno, castigatque audit.
que." So says the wisest poet, and perhaps the
wisest statesman and politician.-4-But our ministers
say, the Americans must not be* heard. They have
been condemned unheard.~~'Yhe indiscriminate hand
of vengeance has lumped together innocent and guil
ty ; with all the formalities of hostility, has blocked
up the town* and reduced to beggary and famine
thirty : thousand inhabitants.
But his majesty is advised, that the union in Ame
rica cannot last. Ministers have more eyes than I,
and should have more ears ; but with all the informa
tion I have been able to procure, I can pronounce it
— a union, solid, permanent, and effectual. Minis
ters may satisfy themselves, and delude the publick,
with the report of what they call commercial bodies
in America. They are not commercial ; they are
your packers and factors ; they live upon nothing^-
for I call commission nothing. I mean the ministerial
authority for this American intelligence ; the runners
for government, who are paid for their intelligence.
But these are not the men, nor this the influence, to
be considered in America, when we estimate the
firmness of their union. Even to extend the ques
tion, and to take in the really mercantile circle, will
be totally inadequate to the consideration. Trade in
deed increases the wealth and glory of a country ;
but its real strength and stamina are to be looked for
among the cultivators of the land." In their simplicity
of life is found the simpleness of virtue — the integrity
and courage of freedom. These true genuine sons
of the earth are invincible : fand they surround and
hem in the mercantile bodies ; even if these bodies,
which supposition I totally disclaim, could be sup
posed disaffected to the cause of liberty. Of this
general spirit existing in the British nation ; (for so I
wish to distinguish the real and genuine Americans
* Boston.

REMOVING the troops prom boston. 231
from the pseudo-traders I have described)— of this
spirit of independence, animating the nation of
America, I have the most anthentick information. It
is not new among them ; it is, and has ever been,
their established principle, their confirmed persua
sion : it is their nature, and their doctrine.
I remember some years ago, when the repeal of
the stamp act was in agitation, conversing in a friend
ly confidence with a person of undoubted respect and
authenticity, on that subject ; andhe assured me with
a certainty which his judgment and Opportunity gave
him, that these were the prevalent and steady princi
ples pf America — That you might destroy their
towns, and cut them off from the superfluities, per
haps the conveniences of life; but that they were
prepared to despise your power, and would not lament
their loss, whilst they have— what, my lords ?— -their
¦woods and their liberty. The name of my authority,
if I am balled upon, will authenticate the opinion
irrefragably.* ,
If illegal violences have been, as it is said, com-
< mitted in America ; prepare the way, open the door
of possiblity, for acknowledgment and satisfaction:
but proceed not to such coercion, such proscription ;
cease your indiscriminate inflictions ; amerCe not
thirty thousand ; oppress; not three millions, for the
fault of forty or fifty individuals. SugIi severity of
injustice must for ever render incurable the wounds
you have already given your colonies ; you irritate
them to unappeasable rancour. What though you
march from town to town, and from province to
province ; though you should be able to enforce a
temporary and local submission, which I only sup
pose, not admit — how shall you be able to secure the
obedience of the country you leave behind you in
your progress, to grasp the dominion of eighteen
hundred miles of continent, populous in numbers,
possessing valour, liberty, and resistance? >
* It Wis Dr. Franklin.

232 LORD CHATHAM'S SPEECH ON
This resistance to your arbitrary system of taxation
might have been foreseen : it was obvious from the
nature of things, and of mankind; and above all,
from the whiggish spirit flourishing in that country.
The spirit which now resists your taxation in Ameri
ca, is the same which formerly opposed loans, bene
volences, and ship-money, in England £ -the same
spirit which called all England on its legs, and by the
bill of rights vindicated the English constitution ;
the same spirit which established the great, funda
mental, essential maxim of your liberties, that no
subject of England shall be taxed but by his own con
sent. "">
This glorious spirit of whiggism animates three
millions in America; who prefer poverty with liberty,
to gilded chains and sordid affluence ; and who will
^die in defence of their rights as men, as freemen.
What shall oppose this spirit, aided by the congenial
flame glowing in the breast of every whig in England;
to the amount, I hope, of double the American num
bers ?' Ireland they have to a man. In that country,
joined as it is with the cause of colonies, and placed
at their head, the distinction I contend for is and
must be observed. This country superintends and
controls their trade and navigation; but they tax
themselves. And this distinction between external
and internal control is sacred and insurmountable;
it is involved in the abstract nature of things. Pro
perty is private, individual, absolute. Trade is an
extended and complicated consideration : it reaches
as far as ships can sail, or winds can blow: it is a great
and various machine. To regulate the numberless
movements of its several parts, and combine them
into effect, for the good of the whole* requires the
superintending wisdom and energy of the supreme
power in the empire. But this supreme power has
no effect towards internal taxation; for it does not
exist in that relation ; there is no such thing, no such
idea in this constitution, as a supreme power opera
ting upon property. Let this distinction then remain
for ever ascertained ; taxation is theirs, commercial

REMOVING THE TROOPS FROM BOSTON. 233
regulation is ours. As an American I would recog
nise to England her supreme right of regulating
commerce and navigation : as an Englishman by birth
and principle*. I recognise to the Americans their
supreme, unalienable right in their property ; a right
which they are justified in the defence of to the
last extremity*^ To maintain this principle is the
common cause of the whigs on the other side
of the Atlantick, and on this. '*¦ 'Tis liberty to li
berty engaged, "(that they will defend themselves,
their families, and their countryy In this great cause
they are immovably allied : itis the alliance of God
and nature — immutable, eternal— fixed as the firma
ment of heaven.
To such united force, what force shall be opposed ?
— What, my lords ? — A few regiments in America,
and seventeen or eighteen thousand men at home !
The idea is too ridiculous to take up a moment of
your lordships' time. Nor can such a national and
principled union be resisted by the tricks of office, or
ministerial manoeuvre. Laying of papers on your table,
or counting numbers on a division, will not avert
or postpone the hour of danger. It must arrive, my
lords, unless these fatal acts are done away ; it must
arrive in all its horrours, and then these boastful mi
nisters, spite of all their confidence, and all their
manoeuvres, shall be forced to hide their heads. They
shall be forced to a disgraceful abandonment of their
present measures and principles^ which they avow,
but cannot defend ; measures which they presume to
attemptj but cannot hope to effectuate;. They cannotj
my lords, they cannot stir a step ; they have not a
move left ; they are check mated. s ^ .,,
But it is not repealing this act of parliament, it is
not repealing a piece af parchment, that can restore
America to our bosom. You must repeal her fears
and her resentments ; and you may then hope for her
love and gratitude. But now,- insulted with an arm
ed force posted at Boston, irritated with a hostile
array before her eyes, her .concessions^ if you could
force them, would be suspicious and insecure ; .they
vol. i. h h

234 LORD CHATHAM'S SPEECH ON
will be irato animo; they will not be the sound honour
able passions of freemen, they will be the dictates of
fear, and extortions of force. But it is more than
evident, that you cannot force them, united as they
are, to your unworthy terms of submission — it is im
possible. And when I hear general Gage censured
for inactivity, I must retort with indignation on those
whose intemperate measures and improvident coun
cils have betrayed him into his present situation. His
situation reminds me, my lords, of the answer of a
French general in the civil wars of France — Monsieur
CondS opposed to Monsieur Turenne. He was asked,
how it happened that he did not take his adversary
prisoner, as he was often very near him : " J'ai peur,'*
replied CondL very honestly, " J'ai peur qu'il ne me
prenne ;"— Vm afraid heHl take me. j
When your lordships look at the papers transmit
ted us from America ; when you consider their de
cency, firmness, and wisdom, you cannot but respect
their cause and wish to make it your own. For my
self, I must declare and avow, that in all my reading
and observation— and it has been my favourite study
— I have read Thhcidydes and have studied and ad
mired the master states of the world— -that for solidity
of reasoning, force of sagacity, and wisdom of con-
clusion&under such a complication of difficult circum
stances, no nation, or body of men, can stand in
preference to the general congress at Philadelphia. I
trust it is obvious to your lordships, that all attempts
to impose servitude upon such men, to establish des
potism over such a mighty continental nation, must
be vain, must be fatal. We shall be forced ultimately
to retract; letsus retract while we can, not when we
must. I saf* we must necessarily undo these violent
oppressive acts; they must be repealed— you will
repeal them ; I pledge myself for it, that you will in
the pnd repeal them ; I stake my reputation on it-^-I
Will consent to be taken for an idiot, if they are not
finally repealed. Avoid, then, this humiliating, dis
graceful necessity. With a dignity becoming your
exalted situation, make the first advances to concord,

REMOVING THE TROOPS FROM BOSTON. 235
to peace, and happiness ;>¦ for that is your true dignity,
to act with prudence and justice. That you should
first concede, is obvious, from sound and rational
policy. Concession comes with better grace and
more salutary effect from superiour power. It recon
ciles superiority of power with the feelings of men,
and establishes solid confidence on the foundations of
affection and gratitude.
So thought a wise poet and a wise man in political
sagacity ; the friend of Mecamas, and the eulogist of
Augustus. To him, the adopted son and successour
of the first Cesar, to him, the master of the world, he
wisely urged this conduct of prudence and dignity ;
" Tuque prior, tuparce ; projice tela manu"
Every motive, therefore, of justice and of policy, of
dignity and of prudence, urges you to allay the fen-
ment in America, by a removal of your troops from
Boston, by a repeal of your acts of parliament, and by
demonstration of amicable dispositions towards your
colonies. ' On the other hand, every danger and every
hazard impend, to deter you from perseveranccin
your present ruinous measures. Foreign war hang
ing over your heads by a slight and brittle thread.
France and Spain watching your conduct, and waiting
for the maturity of your errours ; with a vigilant eye
to America, and the temper of your colonies, more
than to their own concerns, be they what they may, ^
To conclude, my lords, if the ministers thus perse
vere in misadvising and misleading the king, I will
not say, that they can alienate the affections of his sub
jects from his crown ; but I will affirm, that they will
make the crown not worth his wearing. I will not say
that the king is betrayed ; but I;wiUd»ua@unce, that
the kingdom is undone. ^P^

LORD MANSFIELD'S SPEECH,
IN THE HOUSE OF LORDS, FEBRUARY THE THIRD, 1766, BJT
THE RIGHT OF TAXING AMERICA.
1 HE Rockingham administration were scarcely
established in office, when the disturbances excited
throughout the American dependencies, by the pas
sage of the stamp act at the preceding session, were
pressed on their attention. Discussions warm, ani
mated, and frequent, arose immediately after the
meeting of parliament, between the late and present
ministry upon the difficult question of the right, as
well as the expediency of taxing the colonies.
In one of these debates the earl of Mansfield de
livered his sentiments on the right of taxation sepa
rated entirely from the consideration of expediency.
This speech we are authorized to state, was carefully
corrected for the press by his lordship, and is there
fore a genuine specimen of his eloquence. We are
led to preserve it not less on that account, than as con
taining the most plausible and argumentative defence
of the side of the question it adops, that it has ever
received. The ministry, it is known, pursued a middle
course, expecting by it to be able to heal the wounded
pride of the Americans, while they maintained the
supremacy of the mother country. They repealed
the obnoxious bill, but at the same time passed a
declaratory act, asserting the right and power ef Great

238 lord Mansfield's speech
Britain to bind the colonies in all cases whatever.
Their fine wrought project of conciliation succeeded
for a few years. The colonists then discovered that
though relieved of the actual burtlien of taxation, the
abstract right continued with the parent state, and
from an apprehension of a future practical assertion
of- it became exceedingly discontented, till finally,
the assembly of Massachussetts by a formal resolu
tion voted the declaratory act to be a grievance. This
measure of the colonial legislature may be considered
as among the primary links of the chain of events
which terminated in the disunion of the British em
pire.
SPEECH, $$c.
MY LORDS, I SHALL speak to the question strictly as a
matter of right ; for, it is a proposition in its nature
so perfectly distinct from the expediency of the tax,
that it must necessarily be taken separate, if there is
any true logick in the world; but of the expediency
or inexpediency I will say nothing. It will be time
enough to speak upon that subject when it comes to
be a question.
I shall also speak to the distinctions which have
been taken, without any real difference, as to the
nature of the tax ; and I shall point out lastly the ne
cessity there willfrbe of exerting the force of the su
periour authority of government, if opposed by the
subordinate part of it.
I am extremely sorry that the question has ever
become necessary to be agitated, and that there should
be a decision upon it. No one in this house will live
long enough to see an end put to the mischief which
will be the result of the doctrine which has been in
culcated : but the arrow is shot, and the wound already-
given. I shall certainly avoid personal reflections :
no one has had more cast upon him than myself ; but
I never was biassed by any consideration of applause
from without, in the discharge of my publick duty ;

6N AMERICAN TAXATION. 230
.Jk;;
and, in giving my sentiments according to what I
thought law, I have relied upon my own conscious
ness. It is with great pleasure I have heard the noble
lord, who moved for the resolution, express himself
in so manly and sensible a way, when he recommend
ed a dispassionate debate, while, at the same time, he
urged the necessity of the house coming to such a
resolution with great dignity and propriety of argu
ment. I shall endeavour to clear away from the question
all that mass of dissertation and learning displayed in
arguments which have been fetched from speculative
men who have written upon the subject of govern
ment, or from ancient records, as being little to the
purpose. I shall insist that these records are no proofs
of our present constitution. A noble lord has taken
up his argument from the settlement of the constitu
tion at the revolution : I shall take up my argument
from the constitution as it now is. The constitution
of this country has been always in a moving state,
either gaining or losing something : and with respect
to the modes of taxation, when we get beyond the
reign of Edward the First, or of king John, we are
all in doubt and obscurity. The history of those
times is full of uncertainties. In regard to the
writs upon record, they were issued some of them
according to law, and some not according to law ;
and such were those concerning ship money, to
call assemblies to tax themsel efc, or to compel
benevolences. Other taxes were raised from es-
cuage, fees for knights service, and by other means
arising out of the feudal system. Benevolences are
contrary to law ; and it is well known how people
resisted the demands ofthe crown in the case of ship
money, and were persecuted by the court ; and, if
any set of men were to meet now to lend the king
money, it would be contrary to law, and a breach of
the rights of parliament. I shall answer the noble
lord particularly upon the cases he has quoted.
With respect to the Marches of Wales, who were
the borderers, privileged for assisting the king in his

240 LORD MANSFIELD'S SPEECH
war against the Welsh in the mountains, their en
joying this privilege of taxing themselves was but
of a short duration, and during the life of Edward
the First, till the prince of Wales came to be the
king ; and then they were annexed to the crown, and
became subject to taxes like the rest of the dominions
of England, and from thence came the custom, though
unnecessary, of naming Wales and the town of Mon
mouth in all proclamations and in acts of parliament.
Henry the Eighth was the first who issued writs for
it to return two members to parliament. The crowh
exercised this right ad libitum, from whence arises
the inequality of representation in our constitution at
this day. Henry VIII. issued a writ to Calais to send
one burgess to parliament. One of the counties Pa
latine (Ithink he said Durham) was taxed fifty years
to subsidies before it sent members to parliament.
The clergy were at no time unrepresented in parlia
ment. When they taxed themselves, it was done
with the concurrence and consent of parliament, who
permitted them to tax themselves upon their petition,
the convocation sitting at the same time with the par
liament : they had too their representatives always
sitting in this house, bishops and abbots ; and in the
other house they were at no time without a right of
voting singly for the election of members ; so that
the argument, fetched from the case of the clergy,
is not an argument of any force, because they were
at no time unrepresented here.
The reasoning about the colonies of Great Bri
tain, drawn from the colonies of antiquity, is a mere
useless display of learning ; for, the colonies of the
Tyrians in Africa, and of the Greeks in Asia, were
totally different from our system. No nation before
ourselves formed any regular system of colonization ;
but the Romans, and their system was a military one,
and of garrisons placed in the principal towns of the
conquered provinces. The states of Holland were
not colonies of Spain ; but they were states dependent
upon the house of Austria in a feudal dependance.
Nothing could be more different from, our colonies

ON AMERICAN TAXATION. 241
than that flock of men, as they have been called, who
came from the North, and poured into Europe.
These emigrants renounced all laws, all protection, all
connexion with their mother countries : they chose
their leaders, and marched under their banners to seek
their fortunes and establish npw kingdoms upon the
ruins of the Roman empire ; whereas our colonies, on
thef contrary, emigrated under the sanction of the
•crown and parliament. They were modelled gradu
ally into their present forms, respectively, by charters,
grants, and statutes ; but they were never separated
from the mother- country, or so emancipated as to be
come sui juris. There are several sorts of colonies in
British America. The charter colonies, the proprietary
governments, and the king's colonies. The first colo
nies were the charter colonies, such as the Virginia
company ; and these companies, had among their di
rectors, members of the privy council and of both
houses of parliament ; they were under the authority
ofthe privy council, and had agents resident here,
responsible for their proceedings. So much were
they considered as belonging to the crown and not to
the king personally (for there is a great difference,
thpugh few pllppie attend to.it) that when the two
houses, in the time of Charles the First, were going
to pass a bill concerning the colonies, a message was
sent, to them by the king, that they were the king's
cpfbnies, and that the bill was unnecessary, for that
the privy council would take order about them ; and
the bill never had the royal assent. The common
wealth parliament, as soon as it was settled, were very-
early jealous of the colonies separating themselves
from thgm, and passed a resolution or act, and it is
a question whether it, is not in force now, to declare
and establish the authority of England over its colo
nies. But if there was no express law, or reason,
founded upon any necessary inference from an express
law^ 'fpt the usage alone would be sufficient to support
that*atithority : for, have not the colonies submitted
ever since their first establishment to the jurisdiction
of the mother country ? In all questions of property -
vol. i. \"- i i

242 LORD MANSFIELD'S SPEECH '»,
the appeals from the colonies have been to the priVy
council here, and such causes have been determined,
nOt by the law of the colonies, but by the law of
England. A very little while ago there was an ap
peal On a question of limitation in a deVise of land
with remainders ; and, notwithstanding the intention
of the testator appeared very clear, yet the case was -
determined Contrary to it, and that the land should
pass according to the law of England* The colonies*
have been obliged to recur very frequently to the ju
risdiction here to settle the disputes among their own
governments. I well remember several references on
this head, when the late lord Hardwicke Was attorney
general* ahd sir Clement Wearg solicitor general.
New Hampshire and Connecticut were in blood about
their differences : Virginia and Maryland were in
arms against each other. This shows the necessity
Of one superiour decisive jurisdiction, to which all
subordinate jurisdictions rrtay recur. Nothing, my
lords, could be more fatal to the peaCe of the colo^
nies at any time, than the parliament giving up its
authority over them ; for in such a case there must
be an entire dissolution of government. Considering
hbw the colonies are composed, it is easy to foresee
there would be no end of feuds and factions among
the several separate governments, when once there
shall be no one government here or there of sufficient
force or authority to decide their mutual differences ;
and, government being dissolved, nothing remains
but that the colonies must either change their consti
tution, and take some hew form of government, or
fall under some foreign power. At presenj-the several
forms of their constitution are very various* having
been produced* as all governments have been original
ly, by accident and circumstances. The forms of
government in every colony were adapted, from time
to time, according to the stee of the colony ; and so
have been extended again, from time to time, as the
numbers of their inhabitants and their commercial
connexions outgrew the first model. In some colo
nies, at first there was only a governour assisted by
two or three counsel ; then more were^ldded, afterwards

ON AMERICAN, TAXATION. 243
courts of justice were erected, thep assemblies were
created. Some things were done by. instructions
from the secretaries of state, other tilings were done
by order of the king and council, and other things
by commissions under the great seal. It is observa
ble, that in consequence of these establishments from
time to time, and of the dependency of these go
vernments upon the supreme legislature at home, the
lenity of each government in the colonies has been
extreme towards the subject ; and a very great in
ducement it has been to people to come and settle in
them. But, if all those governments which are now
independent of each other should become indepen^
dent ofthe mother country, I am afraid that the inha
bitants ofthe colonies are very little aware ofthe con
sequences. They would feel in that case very soon the
hand of power more heavy upon them in their own
governments than they have yet done, or have ever
imagined. The constitutions ofthe different colonies are made
up of the different principles, and must remain de
pendent, from the necessity of things, ahd their rela
tions upon the jurisdiction ofthe mother country ; or
they must belfbtally dismembered from it, and form
a league of union among themselves against it, which
could not bp effected without great violences. No
one ever thought the contrary, till the trumpet of se
dition has been blown. Acts pf parliament have been
made, not only without a doubt of their legality, but
with universal applause, the great object of which has
been ultimately to fix the trade ofthe colonies, so as
to centerin the bosom of that country from whence
they took their original. The navigation act shut up
their intercourse with foreign countries. Their ports
have been 'made subject to customs and regulations
which have cramped and diminished their trade. And
duties have been laid, affecting the very inmost parts
of their commerce, and, among others, that of the
post ; yet all these have been submitted to peaceably,
and no one ever thought till now of this doctrine, that
the colonies are not to he taxed, regulated, or bound

244 LORD MANSFIELD'S SPEECH
by parliament. A few particular merchants were then,
as now, displeased at restrictions which did not per
mit them to make the greatest possible advantages of
thpir commerce in their own private and peculiar
branches; but, though these few merchants might
think themselves losers in articles which they had no
right to gain, as being prejudicial to the general and
national system, yet I must observe, that the colonies,
upon the whole, were benefited by these laws ; be
cause these restrictive laws, founded upon principles
of the most solid policy, flung a great weight of naval
force into the hands ofthe mother country, which was
to protect its colonies, and without a union with which
the colonies must have been entirely weak and de
fenceless, but which became relatively great, subor
dinate^, and in proportion as the mother country
advanced in superiority over the rest of the maritime
powers in Europe, to which both mutually contribu
ted, and of which both have reaped a benefit, equal
to the natural and just re^tion in which they both
stand reciprocally, of dependency on one side, and
protection on the other.
There can be no doubt, my lords, but that the in
habitants of the colonies are as much represented in
parliament as the greatest part of the people of En
gland are represented ; among nine millions of whom
there are eight which have no votes in electing mem
bers of parliament. Every objection, therefore to
the dependency ofthe colonies upon parliament, which
arises to it upon the ground of representation, goes to
the whole present constitution of Great Britain ; and I
suppose it is not meant to new model that too. Peo
ple may form speculative ideas of perfection, and in
dulge their own fancies or those of other men. Every
man in this country has his particular notion of liber
ty ; but perfection never did, and never can, exist in
, any human institution. To what purpose then are ar
guments drawn from a distinction, in which there is
no real difference, of a virtual and actual representa
tion ? A member of parliament, chosen for any bo
rough, represents hot only the constituents and inha-

ON AMERICAN TAXATION. 245
bitants of that particular place, but he represents the
inhabitants of every other borough in Great Britain.
He represents the city of London, and all other the
commons of this land* and the inhabitants of all the
colonies and dominions of Great Britain, and is, in
duty and conscience, - bound to take care of their
interests. I have mentioned the customs and the post tax. This
leads me to answer another distinction, as false as the
above ; the distinction of internal and external taxes.
The noble lord, who quoted so much law, and denied
upon those grounds the right of the parliament of
Great Britain to lay internal taxes upon the colonies,
allowed at the same time that restrictions upon trade,
and duties upon the ports, were legal. But I cannot
see a real difference in this distinction ; for I hold it
to be true, that a tax laid in any place is like a pebble
falling into, and making a circle in a lake, till one cir
cle produces and gives motion to another, and the
whole circumference isagitated from the centre ; for,
nothirig can be more clear than that a tax often or
twenty per cent, laid upon tobacco, either in the ports
of Virginia or London, is a duty laid upon the
inland plantations of Virginia, a hundred miles from
the sea, wheresoever the tobacco grows.
I do not deny but that a tax may be laid injudi
ciously and injuriously, and that people in such a case
may have a right to complain ; but the nature of the
tax is not now the question ; whenever it comes to be
one, I am for lenity. I would have no blood drawn.
There is, I am satisfied, no occasion for any to be
drawn.;? A little time and experience of the inconve--
niences and miseries of anarchy may bring people to
their senses.
With respect to what has beeh said or written upon
this subject, I differ from the noble lord, who spoke
of Mr. Otis and his book with contempt, though he
maintained the same doctrine in some points, although
in others he carried it further than Otis himself;
who allows every where the supremacy of the crown
over the colonies. No man on such a subject is con-

246 LORD MANSFIELD'S SPEECH
temptible. Otis is a man of consequence among the
people there. They have chosen him for one of their
deputies at the congress and general meeting from the
respective governments. It was said, the man is mad.
What then ? One madman often makes many. Mas-
saniello was mad. Nohody doubts it ; yet, for all
that, he overturned the government of Naples. * Mad
ness is catching in all popular assemblies, and upon all
popular matters. The book is full of wildness. I
never read it till a few days ago, for I seldom look in
to such things* I never was actually acquainted with
the contents of the Stamp Act, till I sent for it on pur
pose to read it before the debate was expected. With
respect tp authorities in another house, I know nothing
of them, I believe that I have not been in that house
more than once since I had the honour to be called up
tp this ; and, if J did know any thing that passed
in the other house, I could not and would not men
tion it as an authority here. I ought not to mention
any such authority. I should think it beneath my own
and your lordships' dignity to speak of it.
I am far from bearing any ill will to the Ameri
cans ; they are a very good people, and I have long
known them. I began life with them, and owe much
to them, having been much concerned in the plantar
tion causes, before the privy council, and so I became
a good deal acquainted with American affairs and peo
ple. I dare sayr, their heat will soon be over, when
they come to feel a little the consequences of their op
position to the legislature. Anarchy always cures
itself; but the fermentation will continue so much the
longer, while hot headed men there find that there are
persons of weight and character to support and justify
them here.
Indeed, if the disturbances should continue for a
great length of time, force miist be the consequence,
an application adequate to the mischief, and arising
out of the necessity of the case ; for, force is only the
difference between a superiour and subordinate juris
diction. In the former, the whole force ofthe legis
lature resides collectively, and when it ceases to re-

ON AMERICAN TAXATION* 247
side the whole connexion is dissolved. It will, indeed,
be to very little purpose that we sit here enacting laws,
and making resolutions, if the inferiour will not obey
them, or if we neither can nor dare enforce them ; for
then, and then, I say, of necessity, the matter comes to
the sword. If the offspring are grown too big and
too resblute to obey the parent, you must try which is
the strongest, and exert all the powers of the mOthet
country to decide the contest.
I am satisfied, notwithstanding, that time and a
Wise and steady condubt may prevent those extremi
ties which would be fatal to both* I remember well
when it was the violent humOur of the times to decry
standing armies and garrisons, as dangerous and in
compatible with the liberty of the subject. Nothing
would do but a regular militia. The militia are em
bodied ; they march* and, no sooner was the militia
law thus put into execution, but it was then said to
be an entolerable burthen upon the subject, and
that it would fall, sooner or later, ihto the hands
of the crown* That was the language* and many-
counties petitioned against it* This may be the case
with the colonies. In many places they begin already
to feel the effects of their resistance to government.
Interest very sooh divides mercantile people; and,
although there may be some mad, ehthUsiastiCk, or
ill designing peopfe in the colonies, yet I am con
vinced that the greatest bulk, whb have understand
ing and property, are still well affected to the mother
country. You have, my lords, many friends still in
the colonies ; and take care that you do rtot, by abdi
cating your own authority, desert them and yourselves,
and lose them for ever.
In all popular tumults the worst men bear the sway
at first. Moderate and good men are often silent for
fear or modesty ; who, in due time, may declare
themselves. Those who have any property to lose are
sufficiently alarmed already at the progress of these
publick violences and violations, to which every man's
dwelling, persOn, ahd property, are hourly exposed.
-Numbers of such valuable men and good subjects are

248 Lord Mansfield's speech
ready and willing to declare themselves for the sup
port of government in due time, if government does
not fling away its own authority.
My lords, the parliament of Great Britain has
its rights over the colonies ; but it may abdicate its
rights. There was a thing which I forgot to mention. I
mean, the manuscript quoted by the noble lord. He
tells you, that it is there said, that, if the act concern
ing Ireland had passed, the parliament might have
abdicated its rights as to Ireland. Jn the first place, I
heartily wish, my lords, that Ireland had not been
named at a time when that country is of a temper and
in a situation so difficult to be governed ;' and when
we have already here so much weight upon our hands,
encumbered with the extensiveness, variety, and im
portance, of so many objects in a vast and too busy
empire ; and the national system shattered and ex
hausted by a long, bloody, and expensive war, but
more so by our divisions at home, and a fluctuation
of councils. I wish Ireland therefore had never been
named. I pay as much respect as any man to the memory
of lord chief justice Hale : but I did not know that he
had ever written upon the subject ; and I differ very
much from thinking with the noble lord, that this
manuscript ought to be published. So far am I from
it, that I wish the manuscript had never been named ;
for, Ireland is too tender a subject to be touched.
The case of Ireland is as different as possible from
that of our colonies. Ireland was a conquered coun
try; it had its pacta conventa, and its regalia. But
to what purpose is it to mention the manuscript ? It
is but the opinion of one man. When it was written,
or for what particular object it was written, does not
appear. It might possibly be only a^ork of youth,
or an exercise ofthe understanding, in sounding and
trying a question problematically. All people, when
they first enter professions, make their collections
pretty early in life ; and the manuscript may be of
that sort. However, be it what it may, the opinion

ON AMERICAN TAXATION. 249
is but problematical ; for, the act to which the writer
refers never passed, and lord Hale only said, that, if
it had passed, the parliament might have abdicated
their right.
But, my lords, I shall make this application of it.
You may abdicate your right over the colonies. Take
care, my lords, how you do so ; for, such an act will
be irrevocable. Proceed, then, my lords, with spirit
and firmness ; and, when you shall have established your
authority, it will then be a time to show your lenity.
The Americans, as I said before, are a very good
people, and I wish them exceedingly well ; but they
are heated and inflamed. The noble lord who spoke
before ended with a prayer. I cannot end bbtter than
by saying to it, Amen ; and in the words of Maurice
Prince of Orange concerning the Hollanders, "God
bless this industrious, frugal, and well meaning, but
easily deluded people."

vol. i K k

THE SPEECH OF WILUAM PITT, THE
ELDER,
|N THE HOUSE OF COMMONS, JANUARY 16, 1766, Otf THE AD
DRESS TO THE THRONE, IN WHICH THE RIGHT OF TAXING-
AMERICA IS DISCUSSED.
IN the preceding speech of Earl Mansfield, we have
seen the right of taxing the colonies maintained with
all the cogency of reasoning, and dexterity of argu
ment, which he eminently possessed. To exhibit a
view of the grounds taken on the opposite side, and
the manner of their defence, we introduce a speech
of the elder Pitt, delivered in the debate on the usual
address to the throne, at the opening of parliament.
We have remarked, in another place* that prior to
the year 1770, no authentick example of Mr. Pitt's
eloquence had been preserved. The discovery of the
present speech persuades us that we were, at least as
relates to it, deceived. There can be little doubt of
its genuineness. The peculiarities of his style are con
spicuously displayed in it. We have, moreover,
learnt from a source in which we can confide, that it
was reported by the Earl of Charlemont, an accom
plished scholar, and an adroit stenographer, that he
might communicate to the people of Ireland, who
were deeply interested in the subject, the sentiments
of Mr. Pitt, on the right of taxing America.
It was in this memorable debate that Edmund
Burke, for the first time, spoke in parliament.^ His
speech was complimented by Earl Chatham in terms
peculiarly grateful to the ambition of a young man.
After descanting on its general merits, he with perfect

252 MR. PITT'S SPEECH ON
truth observed, " that, Mr. Burke was the only per
son since the age of Cicero, who has united the talent
of speaking and writing with irresistible force and ele
gance." •
SPEECH, &e.
MR. SPEAKER, I CAME to town but to day. I was a stranger
to the tenour of his majesty's speech, and the propo
sed address, till I heard them read in this house. Un
connected and unconsulted I have not the means of
information. I am fearful of offending through mis
take, and therefore beg to be indulged with a second
reading of the proposed address.*, I commend the
king's speech, and approve of the address in answer ;
as it decides nothing, every gentleman being left at
perfect liberty to take such a part concerning Ame
rica, as he might.afterwards see fit. One word only
I cannot approve of, an early, is a word that does not
belong to the notice the ministry have given to par
liament of the troubles in America. In a matter of
such importance, the communication ought to have
been immediate. I speak not with respect to parties.
I stand up in this place single and independent. As
to the late ministry,t every capital measure they have
taken, has been entirely wrong !
As to the present gentlemen, to those at least whom
I have in my eye,} I have no objection. I have never
been made a sacrifice by any of them. Their charac
ters are fair; and I am always glad when men of fair
character engage in his majesty's service. Some of
them did me the honour to ask my opinion before
-they would engage. These will now do me the
justice to own, I advised them to do it; but,
notwithstanding, to be explicit, I cannot give them
* The address being read, Mr. Pitt went on.
t Turning himself to Mr. Grenville, who sat within one
of him.
t Looking at the bench where Mr. Conway sat with the
lords of the treasury.

AMERICAN TAXATION 253
my confidence. Pardon me, gentlemen,* confi
dence is a plant of slow growth in an aged, bosom.
Youth is the season of credulity. By comparing
events with each other, reasoning from effects to cau
ses, methinks I plainly discover the traces of an over
ruling influence.
There is a clause in the act of settlement to oblige
every minister to sign his name to, the advice which he
gives to his sovereign. Would it were observed ! — I
have had the honour to serve the crown, and if I could
have submitted to influence, I might have still con
tinued to serve : but I would not be responsible for
others. I have no local attachments. It is indifferent
to me whether a man was rocked in his cradle on this
side or that side of the Tweed. I sought for merit
wherever it was to be found. It is my boast, that I
was the first minister who looked for it, and I found it
in the mountains ofthe North. I called it forth, and |
drew$t into vour service, a hardy and intrepid race of ]
men! men, who, when left by your jealousy, became
a prey to the artifices of your enemies, and had gone
nigh tb have overturned the state in the war before the
last. These men, in the last war, were brought to
combat on your side ; they served with fidelity, as
they fought with valour, and conquered for you in
every part of the world. Detested be the national re
flections against them ! They are unjust, groundless,
illiberal, unmanly. When I ceased to serve his ma
jesty as a minister, it was not the country of the man
by which I wastmoved — buf the man of that country
wanted wisdom, and held principles incompatible with
freedom, t •< ¦ -
It is a long time, Mr. Speaker, since I have atten
ded in parliament. When the resolution was taken
in this house to tax America, I was ill in bed. If I
could have endured to have been carried in my bed,
so great was the agitation of my mind for the conse
quences, I would have solicited some kind hand to
have laid me down on this floor, to have born my
* Bowing to the ministry. t Alluding to Lord Bute.

254 MR. FITT*S SPEECH ON
testimony against it ! It is now an act that has passsd.
I would speak with decency of every act of this house :
but I must beg the indulgence ofthe house to speak
of it with freedom.
I hope a day may be soon appointed to consider the
state of the nation with respect to America. I hope
gentlemen will come to this debate with all the temper
and impartiality that his majesty recommends and the
importance of the subject requires. A subject of
greater importance than ever engaged the attention of
this house ! that subject only excepted, when, near a
century ago, it was the question, whether you your
selves were to be bound or free. In the mean time,
as I cannot depend upon my health for any future day,
such is the nature of my infirmities, I will beg to say
a few words at present, leaving the justice, the equity,
the policy, the expediency ofthe act, to another time.
I will only speak to one point, a point which seems
not to have been generally understood. I mean to the
right. Some gentlemen seem to have considered it
as a point of honour. If gentlemen consider it in
that light, they leave all measures of right and wrong,
to follow a delusion that may lead to destruction. It
is my opinion, that this kingdom has no right to lay a
tax upon the colonies. At the same time, I assert
the authority ofthis kingdom over the colonies, to be
sovereign and supreme, in every circumstance of go
vernment and legislation whatsoever. They are the
subjects ofthis kingdom, equally entitled with your-
selves to all the natural* rights of mankind and the
peculiar privileges of Englishmen. Equally bound
by its laws, and equally participating of the constitu
tion of this free country. The Americans are the
sons, not the bastards of England. Taxation is no
part of the governing or legislative power.— -The
taxes are a voluntary gift and grant of the commons
alone. In legislation the three estates of the realm are
alike concerned, but the concurrence of the peers and
the crown to a tax, is only necessary to close with the
form of a law. The gift and grant is of the commons
alone. In ancient days, the crown, the barons, and

American Taxation. 255
*
the clergy, possessed the lands. In those days, the
barons and the clergy gave and granted to the crown.
They gave and granted what was their own. At pre
sent, since the discovery of America, and other cir
cumstances permitting, the commons are become the
proprietors of the land. The church, God. bless it,
has but a pittance. The property ofthe lords, com
pared with that ofthe commons, is as a drop of water
in the ocean ; and this house represents those com
mons, the proprietors of the lands ; and those propri
etors virtually represent the rest of the inhabitants.
When, therefore, in this house we give and grant, we
give and grant what is our own. But in an American
tax, what do we do? We your majesty's commons
for Great Britain give and grant tO your majesty,
what? Our own property? No. We give and
grant to your majesty, the property of your majes
ty's commons of America. It is an absurdity ifi
terms. . The distinction between legislation and taxation is
essentially necessary to liberty. The crown, the peers,
are equally legislative powers with the commons. If
taxation be a part of simple legislation, the crown, the
peers have rights in taxation as well as yourselves ;
rights which they will claim, which they will exercise,
whenever the principle can be supported by power.
There is an idea in some, that the colonies are vir
tually represented in the house. I would fain know
by whom an American is represented here ? Is he re
presented by any knight of the shire, in any county
in this kingdom ? Would to God that respectable re
presentation was augmented to a greater number .' Or
will you tell him that he is represented by any repre-
sentative of a borough—- a borough which, perhaps,
its own representatives never saw. This is what is
Called the rotten part of the constitution. It cannot
Continue a century. If it does not drop, it must be
amputated. The idea of a virtual representation of
America in this house is the most contemptible idea
that ever entered into the head of a man. It does not
deserve a serious refutation.

256 MR. PITT'S SPEECH
The commons of America, ^represented in their
several assemblies, have ever been in possession of
the exercise of this, their constitutional right, of giving
and granting their own money. They would haye
been slaves if they had not enjoyed it. At the same
time, this kingdom, as the supreme governing and le
gislative power, has always bound the colonies by her
laws, by her regulations, and restrictions in trade, in
navigation, in manufactures in evpry thing, except that
of taking their money out of their pockets without
their consent.
Here I would draw the line,
Quam ultra citraque neque consistere rectum.

AS soon as lord Chatham concluded, General
Conway arose, and succinctly avowed his entire ap
probation of that part of his lordship's speech which
related to American affairs ; but disclaimed altogether
that " secret overruling influence which had been hint
ed at." Mr. George Grenville who followed in
the debate, expatiated at large on the tumults and ri
ots which had taken place in the colonies, and decla
red, that they bordered on rebellion. He condemned
the language and sentiments which he had heard as
encouraging a revolution. A portion of his speech is
here inserted, as explanatory of the replication of Lord
Chatham. " I cannot, said Mr. Grenville, understand the dif
ference between external and internal taxes. They are
the same in effect, and differ only in name. That this
kingdom has the sovereign, the supreme legislative
power over Ameaica, is granted. It cafinot be denied ;
and taxation is a part of that sovereign power. It is one
branch of the legislation. It is, it has been, exercised,
over those who are not, who were never represented.
It is exercised over the India company, the mer
chants of London, the proprietors of the stocks, and
over many great manufacturing towns. It was exerci
sed over the county palatine of Chester, and the

ON AMERICAN TAXATION. 257
bishoprick of' Durham* before they sent any repre
sentatives to parliament. I appeal for proof to the
preambles of the acts which gave them representa
tives ; one in the reign of Henry VIII, the other in
that of Charles II. Mr. Grenville then quoted the
acts, and desired that they might be read; which
being done, he said : ' When I proposed tb tax Ame--
rica, I asked the house if any gentleman would object
to the right ; I repeatedly asked it, and no man would
attempt to deny it. Protection and obedience are
reciprocal. Great Britain protects America ; Ame
rica is bound to yield obedience. If not, tell me
when the Americans were emancipated ? When
they want the protection of this kingdom, they
are always very ready to ask it. That protection has
always been affored them in the most full and am
ple manner. The nation has run herself into an im
mense debt to give them their protection ; and now
they are called upon to contribute a small share to
wards the publick expense, an expense arising from
themselves ; they renounce your authority, insult your
officers, and break out, I might almost say, into open
rebellion. The seditious spirit of the colonies owes
its birth to the factions in this house. Gentlemen
are careless ofthe consequences of what they say,
provided it answers the purposes of opposition. We
were told we trod on tender ground. We werebidtoex-
pect disobedience. What was this but telling the Ame
ricans to stand out against the law, to encourage their
obstinacy with the expectation of support from hence?
Let us only hold out a little; they would say, our
friends will soon be in power. Ungrateful people of
America! Bounties have been extended to them.
When I had the honour of serving the crown, while
you yourselves were loaded with an enormous debt,
you have given bounties on their lumber, on their
iron, their hemp, and many other articles. You have
relaxed in their favour, the act of navigation, that pal
ladium ofthe British commerce ; and yet I have been
abused in all the publick papers as an enemy to the
trade of America. I have been particularly charged
vol. t. L 1

25S mr. Pitt's speech
with giving orders and instructions to prevent the
Spanish trade, and thereby stopping the channel, by
which alone North America used to be supplied with
cash for remittances to this country. I defy any man
to produce any Aich Orders or instructions. I discou
raged no trade but what was illicit, what was prohi
bited by an act of parliament. I desire a West-India
merchant, well known in the city,* a gentleman of
character, may be examined. He will tell yoh, that
I offered to do every thing in my power to advance
the trade of America. I was above giving an answer
to anonymous calumnies; but in this place, it becomes
one to wipe off the aspersion.''
Here Mr. Greenville ceased. Several members got
Up to speak, but Mr. Pitt seeming to rise, the house
was sa clamorous for Mr. Pitt .' Mr. Pitt ! that the
speaker was obliged to call to order.
Mr. Pitt said, I do not apprehend I am speaking
twice. I did expressly reserve a part of my subject,
in order to save the time of this house; but I am com
pelled to proceed in it. I do not speak twice ; I only
finish what I designedly left imperfect. But if the
house is of a different opinion, far be it from me to
indulge a wish of transgression against order. I am
content, if it be your pleasure, te be silent." — Here
he paused^-The house resounding with Go on! go on I
he proceeded :
" Gentlemen,, sir,t have been charged with giv
ing birth to sedition in America. They have spo
ken their sentiments with freedom against this unhap
py act, and that freedom has become their crime.
Sorry I am to hear the liberty of speech in this house
imputed as a crime. But the imputation shall not dis
courage me. It is a liberty I mean to exercise. No
gentleman ought to be afraid to exercise it. f It is a
liberty by which the gentleman who calumniates it
might have profited. He ought to have desisted from
his project*. The gentleman tells us, America is ob
stinate ; America is almost in open rebellion. I rejoice
* Mr. Long. f To the Speaker.

ON AMERICAN TAXATION. 259
that America has resisted. Three millions of people,
so dead to all the feelings of liberty as voluntarily to
submit to be slaves, would have been fit instruments
to make slaves of the rest. I come not here armed at
all points, with law cases and acts of parliament, with
the statute bo'ok doubled down in dog's ears, to de
fend the cause of liberty: if I had, I myself would
have cited the two cases of Chester and Durham. I
wouldhave cited them, to have shown that, even un
der former arbitrary reigns, parliaments were ashamed
of taxing a people without their consent ; and allowed
them representatives. Why did the gentleman con
fine himself to Chester and Durham? He might have
taken a higher example in Wales; Wales that never
was taxed by parliament till it was incorporated. I
would not debate a particular point of law with the
gentleman. I know his abilities. I have been obli
ged to his diligent researches. But, for the defence
of liberty, upon a general principle, upon a constitu
tional principle, it is a ground on which I stand firm ;
on which I dare meet any man. The gentleman tells
us of many who are taxed, and are nqt represented.-^-
The India jcompany, merchants, stockholders, manu
facturers. tSurely many of these are represented in
other capacities, as owners of land, or as freemen of
boroughs. It is a misfortune that more are not equally
represented. But they are all inhabitants, and as
such are they not virtually represented ? Many have
it in their option to be actually* rqjpssented. They
have connexions with those that elect, and they have
influence over them. The gentleman mentioned thpA
stockholders, I hope he does not reckon the debts of
the nation as a part of the national estate. Since the
accession of king William, many ministers, s<$|ae of
great, others of more modesste abilities, have taken
the lead of government,"
He then went through the list :of them, bringing
it down till he came to himself, giving a short sketch
of the characters of each of them. None of these,
he said, thought or ever dreamed of robbing the co
lonies of their constitutional rights. That was re-

260 HR. PITT'S SPEECH
served to mark the era of the late administration :
not that there were wanting some, when I had the
honour to serve his majesty, to propose to me to
burn my fingers with an American stamp act. With
the enemy at their back, with our bayonets at their
breasts, in the day of their distress, perhaps the Ame
ricans would have submitted to the imposition ; but
it would have been taking an ungenerous, an un
just advantage. The gentleman boasts of his boun
ties to America ! Are not these bounties intended
finally for the benefit of this kingdom ? If they are
not, he has misapplied the national treasures. I am
no courtier of America. I stand up for this kingdom.
I maintain that the parliament has a right to bind, to
restrain America.
Our legislative poWer over the colonies is sovereign
and supreme. When it ceases to be sovereign and su
preme, I would advise every gentleman to sell his
lands, if he can, and embark for that country. When
two countries are connected together like England and
her colonies without being incorporated, the one must
necessarily govern. The greater must rule the less ;
but so rule it, as not to contradict the fundamental
principles that are common to both.
If the gentleman does not understand the difference
between external and internal taxes, I cannot help it ;
but there is a plain distinction between taxes levied
for the purposes of raising a revenue, and duties im
posed for the regulation of trade, for the accommo
dation of the subject ; although, in the consequences,
some revenue might incidentally arise from the latter.
The gentleman asks, when were the colonies
emancipated? But I desire to know, when were
they made slaves ? But Ldwell not upon words. When
I had the honour of serving his majesty, I availed
myself of the means of information, which I derived
from my office. I speak therefore from knowledge.
My materials were good. I was at pains to collect,
to digest, to consider them ; and I will be bold to
affirm, that the profits to Great Britain from the trade
of the colonies, through all its branches, is two mil-

ON AMERICAN TAXATION. 261
lions a year. 'This is the fund that carried you
triumphantly through the last war. The estates that
were rented at two thousand pounds a year, three score
years ago, are at three thousand at present. Those
estates sold then from fifteen to eighteen years pur
chase ; the same may now be sold for thirty.
You owe this to America. This is the price
America pays you for her protection. And shall a
miserable financier come with a boast, that he can
bring a pepper-corn into the exchequer, to the loss
of millions to the nation ! I dare not say, how much
higher these profits may be augmented. Omitting
the immense increase of people, by natural population,
in the northern colonies, and the emigration from
every part of Europe, I am convinced the commer
cial system of America may be altered to advantage.
You have prohibited where you ought to have en
couraged. You have encouraged where you ought
to have prohibited. Improper restraints have been
laid on the continent, in favour of the islands.
You have but two nations to trade with in Amet-
rica. Would you had twenty ! Let acts of par
liament in consequence of treaties remain ; but let
not an English minister become a custom-house
officer for Spain, or for any foreign power. Much
is wrong. Much may be amended for the general
good of the whole.
Does the gentleman complain he has been misre
presented in the publick prints ? It is a common
misfortune. In the Spanish affair of the last war, I
was abused in all the newspapers, for having advised
his majesty to violate the laws of nations with regard
to Spain. The abuse was industriously circulated
even in handbills. If administration did not propa
gate the abuse, administration never contradicted it.
I will not say what advice I did give the king. My
advice is in writing, signed by myself, in the pos
session of the crown. But I will say what advice I
did not give to the king. I did not advise him to vio
late any of the laws of nations.

262 MR« PITT'S SPEECH
. As to the report of the gentleman's preventing in
some way the trade for bullion with the Spaniards,
it was spoken of so confidently that I own I am one
of those who did believe it to be true.
The gentleman must not wonder he was not con
tradicted, when, as the minister, he asserted the
right of parliament to tax America. I know not
how it is, but there is a modesty* in this house
which does not choose to contradict a minister. Even
your chair, sir, looks too often towards St. James's.
I wish gentlemen would get the better of this modes
ty. If they do not, perhaps the collective body may
begin to abate of its respect for the representative.
Lord Bacon has told me, that a great question would
not fail of being agitated at one time or another. I
was willing to agitate that at the proper season, the
German war : — my German war, they called it.
Every sessions I called out, Has any body any objec
tion to the German war? Nobody would object to
it, one gentleman only excepted, since removed to
the upper house by succession to an ancient barony
(meaning lord Le Despencer, formerly Sir Francis
Dash wood.) He told me, '- He did not like a Ger
man war." I honoured the man for it, and was sorry
when he was turned out of his post. A great deal
bas been said without doors of the power, of the
strength of America. It is a topick that ought to be
cautiously meddled with. In a good cause, on a
sound bottom, the force of this country can crush
America to atoms. I know the valour of your
troops. I know the skill of your officers. There
is not a company of foot that has served in Ame
rica out of which you may not pick a man of
sufficient knowledge and experience to make a go
vernour of a colony there. But on this ground, on
the stamp act, which so many here will think a cry
ing injustice, I am one who will lift up my hands
against it.
In such a cause, your success would be hazardous.
America, if she fell, would fall like the strong man ;
she would embrace the pillars of the state, and pull

ON AMERICAN TAXATION. 263
down the constitution along with her. Is this your
boasted peace— not to sheathe the sWord in its scab
bard, but to sheathe it in the bowels of your country*
men ? Will you quarrel with yourselves, now the
whole house of Bourbon is united against you, while
France disturbs your fisheries in Newfoundland,
embarrasses your slave trade to Africa, and withholds
from your subjects in Canada their property stipulated
by treaty ; while the ransom for the Manillas is de
nied by Spain, and its gallant conqueror basely tra
duced into a mean plunderer ! a gentleman (colonel
Draper) whose noble and generous spirit would do
honour to the proudest grandee ofthe country ? The
Americans have not acted in all things with prudence
and temper ; they have been wronged ; they have been
driven to madness, by injustice. Will you punish
them for the madness you have occasioned ? Rather
let prudence and temper come first from this side.
I will undertake for Ameriea that she will follow the
example. There are two lines in a ballad of Prior's,
of a man's behaviour to his wife, so applicable
to you and your colonies, that I cannot help repeating
them : " Be to her Faults a little blind ;
..„ " Be to her virtues very kind."
Upon the whole, I will beg leave to tell the house
what is my opinion. It is, that the stamp act be
repealed absolutely, totally, and immediately. That
the reason for the repeal be assigned because it was
founded on an erroneous principle. At the same
time, let the sovereign authority of this country
over the colonies be asserted in as strong terms as
can be devised, and be made to extend to every point
of legislation whatsoever ; that we may bind their
trade, confine their manufactures, and exercise every
power whatsoever, except that of taking their money
out of their pockets without their consent.

THE SPEECH OF LORD MANSFIELfi
IN THE HOUSE OF LORDS, IN THE CASE OF THE CHAMBER
LAIN OF LONDON YS. ALLAN EVANS, ESq. ON THE 4th OF FE
BRUARY, 1TS7.
-IN 1748, the corporation of London, by a by-law 1
imposed a fine of 6001. upon every person, who, be
ing elected, should refuse to serve the office of sheriff.
The plaintiff, the chamberlain of London, levied debt,
in the sheriff's court against the defendant for the pe
nalty. The defendant pleaded the 13 Car. 2. which
declares that no person shall be electied to any office
relating to the government of any city, " who shall
not have received the sacrament according to the rites
of the church of England, within one year next be
fore such election;" and averred that he Was a pro
testant dissenter within the Toleration Act, 1 & 2
W. & M. c. 18, of scrupulous conscience; and
therefore had not received the sacrament. The plain
tiff replied, the 5 G. 1. which confirms members of
corporations in their respective offices, although they
have not received the sacrament according to the di
rections of 13 C. 2. To this replication the defendant
demurred, and judgment was thereupon given in fa
vour of the city. Mr. Evans appealed to the court
of Hustings, where the judgment was affirmed. A
special commission was sued out, directed to Willis,
C. J. Parker, C. B. and Foster, Bathurst, and Wil-
mot, justices, by whom, the judgments in the courts
below were unanimously reversed. The city brought
vol.. P. m m

266 LORD MANSFIELP'S SPEECH ON
a writ of errour in parliament, and on the 4th of Fei
bruary 1767, lord Mansfield with five other judges,
against Perrot, baron, were of opinion that the defen
dant should be allowed to object to the validity of his
election to the office of sheriff, in bar to the action,
because he had not taken the sacrament within the .
time limited by law* \
On a motion in the house of lords, made February
the 4th 1767, to take the opinion ofthe judges in this
case, the earl of Mansfield delivered the subsequent
speech, which we are informed, by the learned repor
ter of it,t Was published with his lordship's consent
and approbation..
It will be found to be an admirable model of juri
dical eloquence. The arrangement of it is peculiarly-
luminous. The arguments are solid. It displays much
legal erudition, and has purity of diction, with sentU
ments liberal* and enlightened.
SPEECH, &c.
MV LORDS, AS I made the motion for taking the opinion of
the learned judges, and proposed the question your
lordships have been pleased to put to them ; it may
be expected that I should make some further motion,
in consequence of the opinions they have delivered.
In moving for the opinion ofthe judges, I had two
views. The first was, that the house might have the
benefit of their assistance, informing a right judgment
in this cause now before us, upon this writ of errour.
The next was* that, the question being folly discus
sed, the grounds of our judgment, together with their
exceptions, limitations, and restrictions, might be
clearly and certainly known, as a rule to be followed
hereafter in all future cases of the like nature ; and
this determined me as to the manner of wording the
question, "how far the defendant might, in the pre
sent ease, be allowed to plead his disability in bar of
the action brought against him?"
* Bac Abridi t Dr. Philip Furneaux*

THE CASE OF ALLAN EVANS ESq. 267
The question, thus worded, shows the point
upon which your lordships thought this case turned ;
and the answer necessarily fixes a criterion, under
what circumstances, and by what persons, such a dis
ability may be pleaded as an exemption from the pe
nalty inflicted by this by-law, upon those who de?
cline taking upon them the office of sheriff.
In every view in which I have been able to consi
der this matter, I think this action cannot be sup
ported.
1 1 If they, rely on the Corporation act, by the literal
and express provision of that act no person can be
elected, who hath not within a year taken the sacra
ment in the church of England. The defendant hath
not taken the sacrament within a year ; he is not there
fore elected. Here they fail.
If they ground it on the general design of the legis
lature in passing the Corporation act ; tlie design was,
to exclude dissenters from office, and disable them
from serving. For, in those times, when a spirit of
intolerance prevailed,; and severe measures were pur
sued, the dissenters were reputed and treated as per
sons ill affected and dangerous to the government.
The defendant, therefore, a dissenter, and in the eye
of this law a person dangerous and ill affected, is
excluded from office, and disabled from serving.
Here they fail.
If they ground the action on their own by-law ;
since that, by-law was professedly made to procure fit
and able persons to servetthe office, and the defendant
is not fit and able, being expressly disabled by statute
law. Here too they fail.
If they ground it on his disability, being owing to a
neglect of taking the sacrament at church, when he
ought to have done it, the Toleration act having freed
the dissenters from all obligation to take the sacrament
at church ; the defendant is guilty of no neglect, no
criminal neglect. Here, therefore, they fail.
These points, my lords, will appear clear and plain.
The Corporation act, pleaded by the defendant as
rendering him ineligible to this office, and incapable

268 LORD MANSFIELD'S SPEECH ON
of taking it upon him, was most certainly intended by
the legislature to prohibit the persons therein descri
bed being elected to any corporation offices, and to
disable them from taking such offices upon them.
The act had two parts : first, it appointed a commis
sion for turning out all that were at that time in office,
who would not comply with what was required > as the
condition of their continuance therein, and even gave
a power to turn them out though they should com-
jply ; and then it further enacted, that, from the ter
mination of that commission, no person hereafter, who
had not taken the sacrament according to the rites of
the church of England, within one year preceding the
time of such election, should be placed, chosen, or
elected, into any office of, or belonging to, the go
vernment of any corporation ; ahd this was done, as
it was expressly declared in the preamble to the act,
in order to perpetuate the succession in corporations
in the hands of persons well affected to government in
church and state.
It was not their design, as hath been said, " to
bring such persons intq.corporations by inducing them
to take the sacrament in the church of England;" the
legislature did not mean to tempt persons who were
ill affected to the government occasionally to conform*
It was not, I say, their design to bring them in.; they
could not trustthem, lest they should use the poweV
of their offices to distress and annoy the state. And
the reason is alleged in the act itself. It was because
there were " evil spirits" amongst them; and they
were afraid of evil spirits, and determined to keep
them out ; and, therefore, they put it out of the power
of electors to choose such persons, and out of their
power to serve ; and accordingly prescribed a mark,
or character, laid down a description whereby they
should be known and distinguished by their conduct
previous to such election. Instead of appointing a
condition of their serving the office, resulting from
their future conduct, or some consequent action to be
performed by them ;, they declared such persons in
capable of being chosen as had not taken the sacra-

THE CASE OF ALLAN EVANS, Esq. 269
ment in the church within a year before such election ;
and, without this mark of their affection to the church,
they could not be in office, and there could be no
election; but as the law then stood, no man could
have pleaded this disability, resulting from the Corpo
ration act, in bar of such an action as is novv brought
against the defendant; because this disability was
owing to what was then, in the eye of the law, a
crime ; every man being required by the canon law,
received and confirmed by the statute law, to take the
sacrament in the church at least once a year. The
law would not permit a man to say, that he had not
taken the sacrament in the church of England and he
could not be allowed to plead it in bar Of any action
brought against him.
| t But the case is quite altered since the act bf tole
ration. It is now no crime for a man, who is within
the description of that act, to say he is a dissen
ter; nor is it any crime for him not to take the
sacrament according to the rites of the church Of
England ; nay, the crime is, if he does it contrary
to the dictates of his conscience.
If it is a crime not to take the sacrament at church,
it must be a crime by some law, which must be
either common or statute law, the canon law enforcing
it depending wholly Upon the statute law. Now the
statute law is repealed as to persons capable of plead
ing that they are so and so qualified ; and therefore
the canon law is repealed With regard to those per
sons. If it is a crime by common law, it must be sO
either by usage or principle.
There is no usage or custom, independent of posi
tive law, which makes nonconformity a crime.
The eternal principles of natural religion are part of
the common law. The essential principles of revealed
religion are part ofthe common law ; so that ahy per
son reviling, subverting, or ridiculing them, may be
prosecuted at common law. But it cannot be shown,
from the principles of natural or revealed religion,
that, independent of positive law, temporal punish.

270 lord Mansfield's speech on
ments ought to be inflicted for mere opinions with
respect to particular modes of worship.
Persecution for a sincere though erroneous con-
science, is not to be deduced from reason or the fit
ness of things. It can only stand upon positive law.
; V It has been said, that " the Toleration act only
amounts to an exemption of the Protestant Dissen
ters from the penalties of certain laws therein particu
larly mentioned, and to nothing more ; that, if it had
been intended to bear, and to have any operation upon
the Corporation act, the Corporation Act ought to
have been mentioned therein; and there ought to
have been some enacting clause, exempting dissen
ters from prosecution in consequence of this act, and
enabling them to plead their not having received the
sacrament according to the rites of the church of
England in bar of such action." But this is much too
limited and narrow a conception of the Toleration act,
which amounts consequentially to a great deal more
than this ; and it hath consequentially an inference and
operation upon the Corporation act in particular. The
toleration act renders that which was illegal before now
legal. The dissenters' way of worship is permitted
and allowed by this act ; it is not only exempted from
punishment, but rendered innocent and lawful ; it is
established ; it is put under the protection, and is not
merely under the connivance ofthe law. In case those
who are appointed by law to register dissenting places
of worship refuse on any pretence to do it, we must,
upon application, send a mandamus to compel them.
Now there cannot be a plainer position, than that
the law protects nothing in that very respect in
which it is in the eye of the law at the same time a
crime. Dissenters, within the description of the To
leration act, are restored to a legal consideration and
capacity; and a hundred consequences will from
thence follow which are not mentioned in the act.
For instance, previous to the toleration act, it was
unlawful to devise any legacy for the support of dis
senting congregations, or for the benefit of dissenting
ministers. For, the law knew no such assemblies,

THE CASE OF ALLAN EVANS, ESpJ 271
and no such, persons ; and such a devise was abso
lutely void, being left to what the law called super
stitious purposes. But will it be said in any court in
England, that such a devise is not a good and valid
one now ? And yet there is nothing said ofthis in the
toleration act. By this act the dissenters are freed
not only from the pains and penalties of the laws there
in particularly specified, but from all ecclesiastical
censures, and from all penalty and punishment what
soever, oh account of their nonconformity ; which is
allowed and protected by this act, and is therefore in
the eye of the law no longer a crime. Now, if the
defendant may say he is a dissenter; if the law doth
not stop his mouth ; if he may declare that he hath not
taken the sacrament according to the rites of the
church of England*, without being considered as cri
minal ; if, I lay, his mouth is not stopped by the law,
he may then plead his not having taken the sacrament
according to the rites of the church of England, in bar
of this action. It is such a disability as doth not
leave him liable to any action, or to any penalty what
soever.
i '•: It is indeed said to be ' a maxim in law, that a man
shall not be allowed to disable himself.' But, when
this maxim is applied to the present case, it is laid
down in too large a sense. When it is extended to
comprehend a legal disability, it is taken in too great
a latitude. What ! shall not a man be allowed to
plead, that he is not fit and able ? These words are
inserted in the by-law, as the 'ground of making it ;
and in the plaintiff's declaration, as the ground of his
action against the defendant. It is alleged, that the.
defendant was fit and able, and that he refused to
serve, not having'a reasonable excuse. It is certain,
and it is hereby in effect admitted, that if he is not fit
and able, and that if he hath a reasonable excuse, he
may plead it in bar of this action. Surely he might
plead, that he was not worth 15,000/. provided that
was really the case, as a circumstance that would
render him not fit and able. And if the law allows
him to say, that he hath not taken the sacrament ac-

272 lord Mansfield's speech on"
Cording to the rites of the church of England, being
within the description of the toleration act, he may
plead that likewise to show that he is not fit and able*
It is a reasonable, it is a lawful excuse.
My lords, the meaning of this maxim, ' that a
man shall not disable himself,' is solely this: That a
man shall not disable himself by his own wilful crime:
and such a disability the law will not allow him to
plead. If a man contracts to sell an estate to any per
son upon certain terms at such a time, and in the
mean time he sells it to another, he shall hot be allowed
to say : ' Sir, I cannot fulfil my contract ; it is out of
my power ; I have sold my estate to another. ' Such
a plea would be no bar to an action ; because the act
of his selling it to another is the very breach of con
tract. So likewise a man who hath promised marriage
to one lady, and afterwards marries another, cannot
plead in bar of a prosecution from the first lady that
he is already married ; because his marrying the se
cond lady is the very breach of promise to the first.
A man shall not be allowed to plead that he was drunk,
in bar of a criminal prosecution, though perhaps he
was at the time as incapable of the exercise of reason
as if he had been insane ; because his drunkenness
was itself a crime. He shall not be allowed to ex
cuse one crime by another. The Roman soldier*
who cut off his thumbs, was not suffered to plead his
disability for the service, to procure his dismission
with impunity ; because his incapacity was designedly
brought on him by his own wilful fault. And I am
glad to observe so good an agreement among the
judges upon this point, who have stated it with great
precision and clearness.
When it was said, therefore, that " a man cannot
plead his crime, in excuse for not doing what he is
by law required to do," it only amounts to this, that
he cannot plead in excuse what, when pleaded, ia
no excuse : but there is not in this the shadow of
an objection to his pleading what is an excuse, plead
ing a legal disqualification. If he is nominated to be
a justice ofthe peace, he may say, I cannot be a jus-

THE CASE OF ALLEN EVANS, Esq. 273
tipe of the peace, for I have not a hundred pounds
a year. I» like manner a dissenter may plead, I have
not qualified, and I cannot qualify, and am not
obliged to qualify ; and you have no right to fine me
for not serving.
It hath been said, that " the king hath a right to
the service of all his subjects." And this assertion
is very true, provided it be properly qualified. For
surely, against the operation of this general right in
particular cases, a man may plead a natural or civil
disability. May' not a man plead, that he was upon
the high seas ? May not idiocy or lunacy be pleaded,
which are natural disabilities; or a judgment of a
court of )aw, and much more a judgment of parlia
ment, which are civil disabilities ?
It hath been said to be "a maxim that no man can
pfead his being a lunatick, to avoid a deed, executed,
or excuse an act done, at that time ; because," it is
said, " if he was a lunatick he could not remember
any action he did during the period of his insanity ; "
and this was doctrine formerly laid down by some
judges ; bpt I am glad to find, that of late it hath
bepn generally exploded ; for, the reason assigned for
it is, in my opinion, wholly insufficient to support it;
because, though he could not remember what passed
during his insanity, yet he might justly say, if he
ever executed such a deed, or did such an action, it
must have been during his confinement or lunacy ;
for he did not do it either before or since that time.
As to the case in which a map's, plea of insanity
was actually set aside, it was nothing more than
than this : it was when they pleaded pre tenug ; the
man pleaded, that he. was. at the time out of his
senses. It was replied, How do you know that you
.were out of your senses? No man that is so knows
himself to be so. And accordingly his pfea was, upon
this quibble, set aside ; not because it was a validone,
if he was out of his senses; but because they con
cluded he was not out of his. senses. If he. had al
leged, that he was at that time confined, being appre
hend to be, out of his senses ; no advantage could have
vol. i n n

274 lord mansfield's speech on
been taken of his manner of expressing himself ; and
his plea must have been allowed to be godrJ.
As to Larwood's case, he was not allowed the be
nefit of the toleration act, because he did not plead it.
If he had insisted on his right to the benefit of it in
his plea, the judgment must have been different.
His inserting it in his replication was not allowed,
not because it was not an allegation that would have
excused him, if it had been originally taken notice
of in his plea, but because its being only mentioned
afterwards was a departure from his plea.
In the case of the mayor of Guilford, the tolera
tion act was pleaded. The plea was allowed good, the
disability being esteemed a lawful one ; and the judg
ment was right.
And here the defendant hath likewise insisted on his
right to the benefit ofthe toleration act ; in his plea he
saith he is bona fide a dissenter, within the description
ofthe toleration act ; that he hath taken the oaths, and
subscribed the declaration, required by that act, to
show that he is not a popish recusant ; that he hath
never received the sacrament according to the rites
of the church of England, and that he cannot in con
science do it ; and that for more than fifty years past
he hath not been present at church at the celebration
of the established worship, but hath constantly re
ceived the sacrament and attended divine service
among the protestant dissenters ; and these faets are
not denied by the plaintiff, though they might easily
have been traversed ; and it was incumbent upon them
to have done it, if they had not known they should
certainly fail in it. There can be no doubt therefore
that the defendant is a dissenter, an honest conscien
tious dissenter ; and no conscientious dissenter can
take the sacrament at church. The defendant saith he
cannot do it, and he is not obliged to do it. And as
this is the case, as the law allows him to say this, as
it hath not stopped his mouth ; the plea which he
makes is a lawful plea, his disability being through
no crime or fault of his own. I say, he is disabled
by act of parliament, without the concurrence or in-

THE CASE OF ALLEN EVANS, ESq. 275
tervention of any fault or crime of his own; and
therefore he may plead this disability in bar of the
present action.
The case of " atheists and infidels" is out of the
present question ; and they come not within the de
scription of the toleration act. And this is the sole
point to be inquired info, in all cases of the like na
ture with that of the defendant, who here pleads the
toleration act. Is the man bona fide a dissenter within
the description of that act? If not, he cannot plead
his disability in consequence of his not having taken
the sacrament in the Church of England* If he is,
he may lawfully and with effect plead it in bar of such
an action; and the question, on which this distinction
is grounded, must be tried by a jury.
It hath been said, that " this being a matter between
God and a man's own conscience, it cannot come under
the cognizance of a jury ;" but certainly it may, and,
though God alone is the absolute judge of a man's re
ligious profession and of his conscience, yet there are
some mairks even of sincerity, among which there is
none more certain than consistency. Surely a man's
sincerity may be judged of by overt acts. It is a just
and excellent maxim, which will hold good in this as
in all other' cases, "by their fruits ye shall know
them." Do they, I do not say go to meeting now
and then, but do they frequent the meeting-house?
Do they join generally ahd statedly in divine worship
with dissenting congregations ? Whether they do,
or not, may be ascertained by their neighbours, and
by those who frequent the same places of worship.
In case a man hath occasionally conformed for the
sake of places of trust and profit ; in that, case, I
imagine, a jury would hot hesitate in their verdict.
If a man then alleges he is a dissenter, and claims the
prptection and the advantages of the toleration act, a
jury may justly find that he is not a dissenter within
the description of the toleration act, so far as to ren
der his disability a lawful one. If he takes the sacra
ment for his interest, the jury may fajrly conclude

276 Lord mansfiexxj's speech on
that this scruple of conscience is a false pretence when
set up to avoid a burthen*
The defendant in the present case pleads, that he is
a dissenter within the description ofthe toleration act ;
that he hath not taken the sacrament in the church of
England within one year preceding the time of his
supposed election, nor ever in his whole life ; and
that he cannot in conscience do it.
Conscience is not controllable by human laws, nor
amenable to human tribunals. Persecution, or at
tempts to force conscience, will never produce con
viction, and are only calculated to make hypocrites
or martyrs.
v My lords, there never was a single instance, from
the Saxon times down to our own, in which a man
Was ever punished for erroneous opinions concerning
rites or modes of worship, but upon some positive
law. The common law of England, Which is only
common reason or usage, knows of no prosecution
for mere opinions. For atheism, blasphemy, and re
viling the Christian religion, there have been instances
of persons prosecuted and punished upon the com
mon law ; but bare nonconformity is no sin by the
common law ; and all positive laws inflicting any pains
or penalties for nonconformity to the established rites
and modes, are repealed by the act of toleration ; and
dissenters are thereby exempted from all ecclesiastical
censures. What bloodshed and confusion have been occasion
ed, from the reign of Henry the fourth, when the
first penal statutes were enacted, down to the revolu
tion in this kingdom, by laws made to force con
science. There is nothing: certainlv more unreasona-
ble, more inconsistent with the rights of human
nature, more contrary to the spirit and precepts of
the Christian religion, more iniquitous and unjust,
more impolitick, than persecution. It is against na
tural religion, revealed religion, and sound policy.
Sad experience, and a large mind, taught that
great man, the President De Thou, this doctrine.
Let any man read the many admirable things which

THE CASE OF ALLEN EVANS, ESq. 277
though a papist, he bath dared to advance upon the
subject, in the dedication of his History to Harry
the fourth of France, which I never read without
rapture, and he will be fully convinced, not only
how cruel, but how impolkiCk, it is to prosecute for
religious opinions. I am sorry, that of late his
countrymen have begun to open their eyes, see their
errour, and adopt his sentiments. Ishould not have
broken nfytheart (I hbpe I may say without breach of
Christian charity} if France had continued to cherish
the Jesuits, and to persecute the Huguenots.
There was no occasion to revoke the edict of Nantz.
The Jesuits needed only to have advised a plan similar
to what is contended for ih the present case ; make a
law to render them incapable of office ; make another
to punish them for not serving. If they accept, punish
them (for, it is admitted on all hands, that the defend
ant, in the cause before your lordships is prosecutable
for taking the office upon him.) If they accept, punish
them; if they refuse, punish them; if they say yes,
punish them; if they say no, puriish them. My lords,
this is a most exquisite dilemma, from which there is
no escaping ; it is a trap a man cannot get out of; it
is as bad persecution as that of Procrustes. If they are
too short, stretch them ; if they are too long, fop
them. Small would have been their consolation to
have been gravely told, the edict of Nantz is kept in
violable; you have the full benefit of that act of tole
ration, you may take the sacrament in your own way
with impunity ; you are not compelled to go to mass.
Was this case but told in the city of London, as ofa
proceeding in France, how would they exclaim against
the Jesuitical distinction ? And yet in truth it comes
from themselves. The Jesuits never thought of it.
When jhey meant to persecute by their act of tole
ration, the edict of Nantz was repealed.
This by-law, by which the dissenters are to be re
duced to this wretched dilemma, is a by-law of the
city, a local corporation, contrary to an act of parlia
ment, which is the law of the land, a modern by-law
of a very modern date, made long since the Corpora-

278 LORD MANSFIELD'S SPEECH ON
tion act, long since the toleration act, in the face of
them; for they knew these laws were in being. It
was made in some year in the reign of the late king,
I forget which; but it was made^ about the time of
building the mansiori house. Now, if it could be sup
posed the city have a power of making such a by^aw,
it would entirely subvert the toleration act, the de
sign of which was to exempt the dissenters from all
penalties; for by such a by-law they have*itin their
power to make every dissenter pay a fine of six hun
dred pounds, or any sum they please ; for it amounts
to that.
The professed design of making this by-law was to
get fit and able persons to serve; the office; and the
plaintiff sets forth in his declaration, that, if the dis
senters are excluded, they shall want fit and able per
sons to serve the office ; but, were I to deliver my
own suspicion, it would be, that they, did not so much
wish for their services as for their fines. Dissenters
have been appointed to this office, one who was blind,
another who was bed ridden ; not, I suppose, on ac
count of their being fit and able to serve the office.
No : they were disabled both by nature and by law.
We had a case lately in the courts below of a per
son chosen mayor of a corporation while he was be
yond the seas with his majesty's troops in America,
and they knew him to be so. Did they want him to
serve the office? No; it was impossible. But they
had a mind to continue the former mayor a year lon
ger, and to have a pretence for setting aside him who
was now chosen, on all future occasions, as having
been elected before.
In the cause before your lordships, the defendant
was, by law, incapable at the time of his pretended
election ; and it is my firm persuasion, that he was
chosen because he was incapable. If he had been ca
pable, he had not been chosen ; for they did not want
him to serve the office. They chose him because,
without a breach of the law, and a usurpation on
the crown, he could not serve the office. They chose

THE CASE OF ALLAN EVANS, ESq. 279
him, that he might fall under the penalty of their by
law, made to serve a particular purpose ; in opposi
tion to which, and to avoid the fine thereby imposed,
he hath pleaded a legal disability, grounded on two
acts of parliament. As I am of opinion that his plea
is good, I conclude with moving your lordships, j
" That the judgment be affirmed*"

LORD MANSFIELD'S SPEECH,

IN THE HOUSE OF LORDS, MAY 8TH, 1770, ON A BILL TQ
DEPRIVE PEERS OF THE REALM OF CERTAIN PRIVILEGES.
1 HIS speech has been very justly admired as among
the most chaste, polished, and elegant productions of
Lord Mansfield's eloquence. It was delivered in an
animated discussion which took place on a bill intro
duced into the house of lords on the 8th of May, 1770,
to annul the privilege which protected against legal
process the servants and property of peers of the
realm. The bill, so congenial with the spirit of En
glish jurisprudence, whose greatest boast is the equal
and exact distribution of justice, was finally passed.
SPEECH, Vc.
MY LORDS, WHEN I consider the importance ofthis bill to
your lordships, I am not surprised it has taken so
much of your consideration. It is a bill, indeed, of
no common magnitude ; it is no less than tp take away
from two thirds of.the legislative body of this great
kingdom certain privileges and immunities, of which
they have been long possessed* Perhaps there is no
situation that the human mind can be placed in, that
is so difficult, and so trying, as where it is made a
judge in its own cause. There is something implanted
in the breast of man so attached to itself, so tenacious
of privileges once obtained, that, in such a situation,
either to discuss with impartiality, or decide with jus?
VOL. I. oo

282 lord Mansfield's speech
tice, has ever been held as the summit of all human
virtue. The bill now in question puts your lordships
in this very predicament ; and I doubt not but the
wisdom of your decision will convince the world,
that, where self-interest and justice are in opposite
scales, the latter will ever preponderate with your
lordships, '
Privileges have been granted to legislators in all
ages and in all countries. ' The practice is founded in
wisdom ; and, indeed, it is peculiarly essential to the
constitution pf this, country, tii^t the members pf both
hpuses should be free in their persons ip cases qf civil
suits. For, there may come a time when the safety
and welfare of this whole empire may depend upon
l|heir attendance in parliament. God forbid that I
should advise any measure that would in future en^
danger the &tate ; but the bill before your lordships
has, I am confidents no such tendency, for tf ex-
Eressly secures the persons of members of either
ouse in all civil suits. This being the case, I confess,
when I see many noble lords, for whose judgment I
have the greatest respect, standing up to oppose a bill
which is calculated merely to facilitate the recovery
of just and legal debts, I am astonished and amazed.
They, I doubt not, oppose the bill upon publick
principles. I would not wish to insinuate that pri
vate interest has the least weight in their determi
nation. This bill has been frequently proposed, and as fre
quently miscarried; hut it was always lost in the
fower house. ' Little did I think, when it had passed
the commons, that it possibly could have met with
such opposition here. Shall it be, said that you, my
lords, the grand council of the nation, the highest
judicial and legislative body of the realm, endeavour
to evade by privilege, those very laws, which you enT
force on your fellow subjects ? Forbid it justice. I
am sure, were the noble lords as well acquainted as I
am with but half the difficulties and delays that are
every clay occasioned in the courts of justice, under

ON THE FRIVItECES Of PEERS. 283
pfetence of privilege^ they would not, nay^ they could
not, oppose this bilk/
I have Waited with patience to hear what arguments
might be urged against the bill ; but I have waited
in vain. The truth is, there is no argument that can
weigh against it. The jilistice, and expediency, of
this bill is such as renders it self evident. It is a
proposition of that nature that can neither be weaken
ed by argument^ nor entangled with sophistry*
Much, indeed, has been1 said by some noble lords onl
the wisdom of our ancestors,! and hPvv differently"
they thought from us* They not only decreed, that
privilege should prevent all civil Suits from proceeding
during the sitting of parliament, but likewise granted
protection to the very servants of members.' I shall
say nothing on the wisdom of our ancestors ; it might
perhaps appear invidious, and is not necessary in the
present case* I shall only say, that the noble lords
that flatter themselves with the weight of that reflec-f
tion,- should remember, that, as circumstances alter;
things themselves should after. Formerly it was not
so fashionable either for masters or servants to run in
debt as it is at present ; nor formerly Were merchants
or manufacturers members of parliament, as at pre
sent. The case now is very different. Both mer
chants and manufacturers are, with great propriety y
elected members' of the lower house. Commerce
having thus got into the legislative body of the king.;
dom, privilege must be done away. We all knowj
that the vet y soul and essence of trade are regular j
payments : and sad experience teaches us, that there
are men, who will not make their regular payments
without- the compulsive power of the laws* The law
then ought to be equally open to all; any exemption
to particular men, or particular ranks of men, is,
in a free commercial country, a solecism of the
grossest nature. But I will not trouble your lord
ships with arguments for that which is sufficiently
evident Without any* I shall only say a few Words
to some noble lords, who foresee much inconveniency
from the persons of their servants being liable to be

284 LORD MANSFIELD'S SPEECH
arrested. One noble lord observes, that the coach
man of a peer may be arrested while he is driving
his master to the house, and consequendy he will not
be able to attend his duty in parliament. If this was
actually to happen, there are so many methods by
which the member might still get to the house, I can
hardly think the noble lord to be serious in his objec
tion. Another noble lord said, that by this bill one
might lose their most valuable and honest servants.
jjThis I hold to be a contradiction in terms : for he
neither can be a valuable servant, nor an honest man,
who gets into debt, which he neither is able nor willing
to pay till compelled by law* If my servant* by un
foreseen accidents, has got in debt, and I still wish
to retain him, I certainly would pay the debt. But
upon no principle of liberal legislation whatever, can
my servant have a title to set his Creditors at defiance ;
while, for forty shillings only, the honest tradesman
may be torn from his family and locked up in gaol.
It is monstrous injustice ! I flatter myself, however,
the determination of this day will entirely put an end
to all such partial proceedings for the future, by pass
ing into a law the bill now under your lordships'
consideration* I now come to speak upon What, indeed, I would
have gladly avoided, had I not been particularly point
ed at for the part I have taken in this bill. It has
been said by a noble lord on my left hand, that I
likewise am running the race of popularity. If the
noble lord means, by popularity, that applause
bestowed by after ages on good and virtuous actions,
I have long been struggling in that race\ to what pur
pose all-trying time can alone determine ; but, if the
noble lord means that mushroom popularity which is
raised without merit, and lost without a crime, he is
much mistaken in his opinion. I defy the noble lord
to point out a single action in my life where the po
pularity of the times ever had the smallest influence
on my determinations. 1 thank God I have a more
permanent and steady rule for my conduct — the dic
tates of my own breast. Those that have foregone

ON THE PRIVILEGES OF PEERS. 285
that pleasing adviser, and given up their mind to be
the slave of every popular impulse, I sincerely pity;
I pity them still mOre* if their vanity leads them to
mistake the shouts of a mob for the trumpet of their
fame. Experience might inform them that many,
who have been saluted with the huzzas of a crowd
one day, have received their execrations the next ;
and many who, by the popularity of their times, have
been held up as spotless patriots, have nevertheless
appeared upon the historian's page, when truth has
triumphed over delusion, the assassins of liberty.—
Why, then, the noble lord can think I am ambitious*
of present popularity, that echo of folly and shadow
of renown, I am at a loss to determine. Besides, I
do not know that the bill now before your lordships
will be popular ; it depends much upon the caprice
ofthe day. It may not be popular to compel people
to pay their debts ; and in that case the present must
be an unpopular bill. It may not be popular neither
to take away any ofthe privileges of parliament ; for
1 very well remember, and many of your lordships
may remember, that not long ago the popular cry was
for the extension of privilege ; and so far did they
carry it at that time, that it was said that privilege
protected members from criminal actions ; nay, such
was the power of popular prejudices over weak minds,
that the very decisions of some of the courts were
tinctured with that doctrine. It was undoubtedly an ' \
abominable doctrine* I thought so then, and think '
so still ; but nevertheless it was a popular doctrine,
and came immediately from those who were called the
friends of liberty, how deservedly time will show.
True liberty, in my opinion, can only exist when
justice is equally administered to all, to the king,
and to the beggar. Where is the justice, then, or
where is the law, that protects a member of parlia
ment more than any other man from the punishment
due to his crimes ? The laws of this country allow of
no place nor no employment to be a sanctuary for
crimes ; and, where I have the honour to sit as judge,

286 lord Mansfield's speech, &c.
neither royal favour nor popular applause shall ever
protect the guilty.
I have now only to beg pardon for having employed
so much of your lordships' time ; and I am very sorry
a bill, fraught with so good consequences, has not
met with an abler advocate ; but I doubt not your
lordships' determination will convince the world that
a bill, calculated to contribute so much to the equal
distribution of justice as the present, requires, with
your lordships, but very little support.

LORD CHESTERFIELD'S FIRST SPEECH
ON THE GIN ACT, FEBRUARY SlST, 1743, AFTER THE SE*
COND READING OF THE BILL.
1 HE act of parliament of 1736, by which no person
was permitted to sell spirituous liquors in less quantity
than two gallons, without a license, for which 50/. were
to be paid, having proved, from the difficulties attend
ing its execution, ineffectual in checking the progress
of drunkenness among the common people, anew bill
was introduced into the house of commons and car
ried, laying a small duty on spirits per gallon, at the
Still head, and reducing also the price of licenses to
twenty shillings.
During the debate on the bill, in the house of lords,
the Earl of Chesterfield delivered two speeches, both
of which we preserve. Leaving his powers of rea
soning for more weighty discussions, he here em
ploys to expose and to decry the silly tendency of the
measure the pleasantry of wit, and the sportiveness of
good humoured irony. These speeches have very
great merit. They will be read with avidity by those
who relish the sprightly sallies of genius, or who are
emu'ous of a style of eloquence which though it may
not always convince, will never fail to delight-
SPEECH, Vc.
MY LORDS, THE bill now under our consideration appears
to me to deserve a much closer regard than seems to

2.88 lord chesterfield's speech
have been paid to it in the other house, through which
it was hurried with the utmost precipitation, and
where it passed almost without the formality of a de
bate. Nor can I think that earnestness, with which
some lords seem inclined to press it forward here,
consistent with the importance of the consequences
which may with great reason be expected from it.
It has been urged, that where so great a number
have formed expectations of a national benefit from
any bill, so much deference, at least, is due to their
judgment, as that the bill should be considered in a
committee. This, my lords, I admit to be in other
cases a just and reasonable demand ; and will readily
allow that the proposal, not only of a considerable
number, but even of any single lord, ought to bp fully
examined, and regularly debated, according to the
usual forms of this house. But in the present case,
my lords, and in all cases, like the present, this de
mand is improper, because it is useless ; and it is
useless, because we can do now all that we can do
hereafter in a committee. For the bill before us
is a money bill, which, according to the present opi
nion of the cpmmons, we have np right to amend,
and which, therefore, we have no need of considering
in a committee, since the event of all our delibera
tions must be, that we are either to reject or pass it
in its present state. For 1 suppose no lord will think
this a proper time to enter into a controversy with the
commons, for the revival of those privileges to which
I believe we have a right ; and such a controversy,
the least attempt to amend a money bill will certainly
produce. To desire, therefore, my lords, that this bill may
be considered in a committee, is only to desire that it
may gain one step without opposition ; that it may
proceed through the forms of the house by stealth,
and that the consideration of it may be delayed, till
the exigencies of the government shall be so great, as
not to allow time for raising the supplies by any other
method.

oN thb gin act. 289
By this artifice, gross as it is, the patrons of this
Wonderful bill hope to obstruct a plain and open de*
tection of its tendency. They hope, my lords, that
the bill shall operate in the same manner with the H*
quor which it' is intended to bring into more general
use; and that* as those who drink spirits are drunk
before they are well aware that they are drinking, the
effects of this law shall be perceived before we know
that we have made it. Their intent is, to give us a
dram of policy, which is to be swallowed before it is
tasted, and which, when once it is swallowed, will
turn our heads.
But, my lords, I hope we shall be so Cautious as to
examine the draught which these state empiricks have
thought proper to offer us ; and I am confident that
a very little examination will convince us ofthe perni*
cious qualities of their new preparation, and show that
it can have no other effect than that of poisoning the
publick. The law before us, my lords, seems to be the effect
of that practice of which it is intended likewise to be
the cause, and to be dictated by the liquor of which it
so effectually promotes the use ; for surely it never
before was conceived, by any man intrusted with the
administration of publick affairs, to raise taxes by the
destruction of the people.
Nothing, my lords, but the destruction of all
the most laborious and useful part ofthe nation, can
be expected from the license which is now proposed
to be given, not only to drunkenness, but to drunken
ness of the most detestable and dangerous kind ; to
the abuse not only of intoxicating, but of poisonous
liquors. Nothing, my lords, is more absurd than to assert,
that the use of spirits will be hindered by the bill now
before us, or indeed that it will not be in a very
great degree promoted by it. For what produces all
kind of wickedness, but the prospect of impunity on
one part, or the solicitation of opportunity on the
other? Either of these have too frequently been suffi
cient to overpower the sense of morality, and even of
vol. i. p p

290 LORD chesterfield's speech
religion; and what is not to be feared from them,
when they shall unite their force, and operate together,
When temptations shall be increased, and terrour taken
away. It is allowed, by those who have hitherto disputed
on either side of this question, that the people appear
obstinately enamoured of this new liquor ; it is allOw- v
ed on both parts, that this liquor corrupts the mind,
and enervates the body, and destroys vigour and vir
tue, at the same time that it makes those who drink
it too idle and too feeble for work ; and, while it im
poverishes them by the present expense, disables them
from retrieving its ill consequences by subsequent in
dustry* It might be imagined, my lords, that those who had
thus far agreed would not easily find any occasions of
dispute ; nor would any man, unacquainted with the
motives by which parliamentary debates are too often
influenced, suspect that after the perhicious qualities
of this liquor, and the general inclination among the
people to the immoderate use of it, had been gene*
rally admitted, it could be afterwards inquired, whe
ther it ought to be made more common; whether this
universal thirst for poison ought to be encouraged by
the legislature, and whether a new statute ought to be
foade, to secure drunkards in the gratification of their
appetites. To pretend, my lords, that the design of this bill is
to prevent or diminish the use of spirits, is to trample
upon common sense, and to violate the rules of decen
cy as well as of reason. For when did any man hear,
that a commodity'was prohibited by licensing its sale ;
or that to offer and refuse is the same action ?
It is indeed pleaded, that it will be made dearer by
the tax which is proposed, and that the increase ofthe .
price will diminish the number of the purphasers;
but it is at the same time expected that this tax shall
supply the expense of a war on the continent. It is
asserted, therefore, that the consumption of spirits will
be hindered ; and yet that it will be such as may be
expected to furnish, from a very small tax, a revenue

y ON THE fcIN ACT. 291
sufficient for the support of armies, for the reesta-
blishment of the Austrian family, and the repressing
of the attempts of France, y
Surely* my lords, these expectations are not very
consistent ; nor can it be imagined that they are both
formed in the same head, though they may be express
ed by the same mouth. It is, however, some recom
mendation of a statesman, when, of his assertions,
one can be found reasonable or true; and in this, praise
cannot be denied to our present ministers. For though
it is undoubtedly false, that this tax will lessen the
consumption of spirits, it is certainly true that it will
produce a very large revenue, a revenue that will not
fail but with the people from whose debaucheries it
arises. Our ministers will therefore have the same honour
with their predecessors, of having given rise to a new
fund ; not indeed for the payment of our debts, but
for much more valuable purposes; for the cheering of
our hearts under oppression, and for the ready sup
port of those debts which we have lost hopes of pay
ing. They are resolved, my lords, that the nation,
which no endeavours can make wise, shall, while
they are at its head, at least be merry; and, since
publick happiness is the end of government, they
seem to imagine that they shall deserve applause
by an expedient, which will enable every man to lay
his cares asleep, to drown sorrow, and lose in the
delights of drunkenness both the publick miseries and
his own. *
Luxury, my lords., is to be taxed, but vice prohi
bited, let the difficulties in executing the law be what
they will. Would you lay a tax uppp the breach of
the ten commandments ? Would not such a tax be
wicked and scandalous,; because it would imply an
indulgence to all those who could pay the tax ? Is not
this a reproach most justly thrown by protestants
upon the church of Rome ? Was it not the chief cause
:of the Reformation ? And will you follow a precedent
which brought reproaqfrand ruin upon those that in
troduced it ? This is the very case now before us.

292 LORD chesterfield's speech
You are going to lay a tax, and consequently to in
dulge a sort of drunkenness, which almost necessarily
produces a breach of every one of the ten command
ments. Can you expect the reverend bench will ap
prove of this ? I am convinced they will not ; and
therefore Iwish I had seen it full upon this occasion.
I am sure I have seen it much fuller upon some
other occasions, in which religion had no such deep
concern. We have already, my lords, several sorts of funds in
this nation, so many that a man must have a good
deal of learning to be master of them. Thanks to
his majesty, we have now amongst us the most
learned man of the nation in this way. I wish he
would rise up and tell us, what name we are to give
to this new fund. We have already the civil list fund,
the sinking fund, the aggregate fund, the South sea
fund, and God knows how many others. What
name we are to give this new fund I know not, unless
we are to call it the drinking fund. It may perhaps
enable the people of a certain foreign territory to
drink claret ; but it will disable the people of this
kingdom from drinking any thing else but gin ; for,
when a man has, by gin drinking, rendered himself
unfit for labour or business, he can purchase nothing
else ; and then the best thing he can do is to drink on
till he dies. «
Surely, my lords, men of such unbounded benevo
lence, as our present ministers, deserve such honours
as were never paid before : they deserve to bestride a
butt upon every sign post in the city, or to have their
figures exhibited as tokens where this liquor is to be
sold by the license which they have procured. They
must be at least remembered to future ages, as the
happy politicians, who, after all expedients for raising
taxes had been employed, discovered a new method
of draining the last relicks of the publick wealth, and
added a new revenue to the government. Nor will
those who shall hereafter enumerate the several funds
now established among us, forget among the benefac-

ON THE GIN ACT.* 293
tors to their country the illustrious authors of the
drinking fund.
May I be allowed, my lords, to congratulate my
countrymen and fellow subjects upon the happy times
which are now approaching, in which no man will be
disqualified from the privilege of being drunk ; when
all discontent and disloyalty shall be forgotten, and
the people, though now considered by the ministry
as enemies, shall acknowledge the lenity of that
government, under which all restraints are taken
away ?
But, to a bill for such desirable purposes, it would
be proper, my lords, to prefix a preamble, in which
the kindness of our intentions should be more fully
explained, that the nation may not mistake our indul
gence for cruelty, nor consider their benefactors as
their persecutors. If, therefore, this bill be considered
and amended (for why else should it be considered ?)
in a committee, I shall humbly propose, that it shall
be introduced in this manner. " Whereas the de
signs of the present ministry, whatever they are,
cannot be executed without a great number of mer
cenaries, which mercenaries cannot be hired without
money ; and whereas the present disposition of this
nation to drunkenness inclines us to believe, that they
will pay more cheerfully for the undisturbed enjoy
ment of distilled liquOrs, than for any other conces
sion that can be made by the government ; be it
enacted, by the king's most excellent majesty, that
no man shall hereafter be denied the right of being
drunk on the following conditions."
This, my lords, to trifle no longer, is the proper
preamble to this bill, which contains only the condi
tions on which the people of this kingdom are to
be allowed henceforward to riot in debauchery, in de
bauchery licensed by law and countenanced by the
-magistrates. For there is no doubt but those, on
whom the inventors of this tax shall confer authority,
will be directed to assist their masters in their design
to encourage the consumption of that liquor, from
which such large revenues are expected, and to mul-

294 LORD chesterfield's speech
tiply without end those licenses which are to pay a
yearly tribute to the crown.
By this unbounded license, my lords, that price
Will be lessened, from the increase of which the ex
pectations of the efficacy of this law are pretended-;
for the number of retailers will lessen the value, as
in all other cases, and lessen it more than this tax will
increase it. Besides, it is to be considered, that at
present the retailer expects to be paid for the danger
which he incurs by an unlawful trade, and will not
trust his reputation or his purse to the mercy of his
customer, without a profit proportioned to the hazard ;
but, when once the restraint shall be taken away, he
will sell for common gain, and it can hardly be ima
gined that, at present, he subjects himself to informa
tions and penalties for less than six pence a gallon.
The specious pretence, on which this bill is found
ed, and indeed the Only pretence that deserves to be
termed specious, is the propriety of taxing vice ; but
this maxim of government has, on this occasion,
been either mistaken or perverted. Vice, my lords,
is not properly to be taxed, but suppressed; and
heavy taxes are sometimes the only means by Which
that suppression can be attained. Luxury, my lords,
or the excess of that which is pernicious only by its
excess, may very properly be taxed, that such ex
cess, though not strictly unlawful, may be made
more difficult. But the use of those things which are
simply hurtful, hurtful in their own nature, and in
every degree, is to be prohibited. None, my lords,
ever heard in any nation ofa tax upon theft or adulte
ry, because a tax implies a license granted for the use
of that which is taxed, to all who shall be willing to
pay it.
Drunkenness, my lords, is universally and in all
circumstances an evil ; and therefore ought not to be
taxed but punished, and the means of it not to be
made easy by a slight impost, which none can feel ;
but to be removed out of the reach of the people,
and secured by the heaviest taxes, levied with the

ON THE CIN ACT. 293
utmost rigour. I hope those, to whose care the re
ligion of the nation is particularly consigned, will una
nimously join with me in maintaining the necessity,
not of taxing vice, but suppressing it, and unite for
the rejecting ofa bill, by which^the future, as well as
present, happiness of thousands must be destroyed.

SECOND SPEECH
ON THE GIN ACT, FEBRUARY 24, 1743.
THOUGH the noble lord* who has been pleased
to excite us to a unanimous concurrence with him
self and his associates in the ministry, in passing the
excellent and wonder-working bill ; this bill which is
to lessen the consumption of spirits, without lessen
ing the quantity which is distilled ; which is to re^
strain drunkards from drinking, by setting their fa
vourite liquor always before their eyes ; to conquer
habits by continuing them ; and correct vice by in
dulging it, according to the lowest reckoning, for at
least another year ; still, my lords, such is my obsti
nacy, or such my ignorance, that I cannot yet comply
with his proposal, nor can prevail with myself either
to concur with measures so apparently opposite to the
interest of the publick, or to hear them vindicated,
without declaring how little I approve it.
During the course of this long debate, I have en
deavoured to recapitulate and digest the arguments
which have been advanced, and have considered them
both separately and conjointly ; but find myself at the
same distance from conviction as when I first enter
ed the house.
In vindication of this bill, my lords, we have been
told that the present law is ineffectual ; that our ma*
9 The duke of Newcastle.

296 lord chesterfield's speech1
nufacture is not to be destroyed, or not this year 5
that the security offered by the present bill has in
duced great numbers to subscribe to the new fund ;
that it has been approved by the commons ; and that,
if it be found ineffectual, it may be amended another
session. All these arguments, my lords, I shall endeavour
to examine, because I am always desirous of gratify
ing those great men to whom the administration of
affairs is intrusted, and have always very cautiously
avoided the odium of disaffection, which they will
undoubtedly throw, in imitation of their predecessors,
upon all those whose wayward consciences shall oblige
them to hinder the execution of their schemes.
With a very strong desire, therefore, though with
no great hopes, of finding them in the right, I ven
ture to begin my inquiry, and engage in the examina
tion of their first assertion, that the present law against
the abuse of strong liquors is without effect.
I hope, my lords, it portends well to my inquiry,
that the first position which I have to examine is true ;
nor can I forbear to congratulate your lordships upon
having heard from the new ministry one assertion not
to be contradicted.
It is evident, my lords, from daily observation,
and demonstrable from the papers upon the table,
that every year, since the enacting of the last law,
that vice has increased which it was intended to re
press, and that no time has been so favourable to the
retailers of spirits as that which has passed since they
were prohibited.
It may therefore be expected, my lords, that having
agreed with the ministers in their fundamental propo
sition, I shall concur with them in the consequence
which they draw from it; and having allowed that the
present law is ineffectual, should admit that another
is necessary. But, my lords, in order to discover whether this
consequence be necessary, it must first be inquired
why the present law is of no force ? For, my lords, it
will be found, upon reflection, that there are certain

PN THF. GIN ACT; 297
degrees of corruption that may hinder the effect of the
best laws.; The magistrates may be vitious, and
forbear to enforce that law by which themselves are
condemned ; they may be indolent, and inclined ra
ther to connive at wickedness, by which they are hot
injured themselves, than to repress it by a laborious
exertion of their authority ; or they may be timorous,
and instead of awing the vitious, may be awed by
them. -
In any of these cases, my lords, the law is not to
be condemned for its inefficacy, since it only fails by
the defect of those who are to direct its operations.
The best and most important laws will contribute
very little to the security or happiness of a people, if
no judges of integrity ahd spirit can be found amongst
them. Even the, most beneficial and useful bill that
ministers can possibly imagine, a bill for laying on
our estates a tax of the fifth part of their yearly value,
would be wholly without effect, if collectors could
not be obtained.
I am therefore, my lords, yet doubtful, whether
the inefficacy of the law now subsisting necessarily
obliges us to provide another : for those that declared
it to be useless, owned at the same time that no man
endeavoured to enforce it ; so that perhaps its only
defect may be, that it will not execute itself.
Nor, though I should allow that the law is at pre
sent impeded by difficulties which cannot be broken
through, but by men of more spirit and dignity than
the ministers may be inclined to trust with commis
sions of the peace, yet it can only be collected, that
another law is necessary,' not that the law now pro
posed will be of any advantage.*
Great use has been made of the inefficacy of the
present law, to decry the proposal made by the noble
lord, for laying a high duty upon these pernicious
liquors. High duties have already, as we are in
formed, been tried without advantage. High duties
are at this hour imposed upon those spirits which are
retailed, yet we see them every day sold in the streets,
without the payment of the tax required ; and there-
vol, i. qq

29$ LORD CHESTERFIELD'S SPEECH
fore it wiU be folly to make a second essay of means.
which haye been found t by the essay of many years,
unsuccessful.. It has been granted on all sides in this debate, nor
was it ever denied on any other occasion, that the con
sumption of any commodity is most easily hindered
by raising its price ; and its price is to be raised^ by
the imposition of a duty. This, my lords, which is,
I suppose, the opinion of every man, of whatever de
gree of experience or understanding, appears like
wise to have been thought of by the authors of the
present law ; and therefore they imagined that they
had effectually provided against the increase of drunk
enness, by laying, upon that liquor which should be
retailed in small quantities, a duty which none of the
inferiour classes of drunkards would be able to pay.
Thus, my lords, they conceived that they had re
formed the common people, without infringing the
pleasures of others ; and applauded the happy con
trivance, by which spirits were to be made dear only
to the poor, while every man who could afford to
purchase two gallons was at liberty to riot at his ease,
and, over a full flowing bumper, look down with con
tempt upon his former companions, now ruthlessly
condemned to disconsolate sobriety.
But, my lords, this intention was frustrated ; and
the project, ingenious as it was, fell to the ground :
for, though they had laid a tax, they unhappily forgot
this tax would make no addition to the price unless it
was paid ; and that it would not be paid unless some
were empowered to collect it.
Here, my lords, was the difficulty ; those who made
the law were inclined to lay a tax from which them
selves should be exempt, and therefore would not
charge the liquor as it issued from the still ; and when
once it was dispersed in the hands of petty dealers,
it Was no longer to be found without the assistance
of informers ; and informers could not carry on the
business of prosecution, without the consent of the
people.

OlJ THB GIN ACT. 299
It is not necessary to dwell any longer upon the
law, the repeal of which is proposed, since it appeaPs
already that it failed, only from a partiality not easily
defended, and from the omission of what is now pro
posed, tlie collecting the duty from the still-head.
If this method be followed* there will be no longer
any need of informations, or of any rigorous or hew
measures; the same officers that collect a smaller
duty may levy a greater ; nor can they be easily
deceived with regard to the quantities5 that are made ;
the deceits, at least, that can be used, are in use
already ; they are frequently detected and suppressed,
nor will a larger duty enable the distillers to elude the
vigilance of the officers with more success.
Against this proposal, therefore, the inefficacy of
the present law can be no objection. But it is urge3
that such duties would d6stroy the trade of distil
ling ; and a noble lord has beeh pleased to express
great tenderness for a manufacture so beneficial and
extensive. That a large duty, levied at the still, would de
stroy, or very much impair, the trade of distilling,
is certainly supposed by those who defend it, for they
proposed it only for that end; and what better me
thod can they propose, when they are called to de
liberate upon a bill for the prevention of the exces
sive use of distilled liquors?
The noble lord has been pleased kindly to inform
us, that the trade of distilling is very extensive ; that
it employs great numbers ; and that they have arrived
at exquisite skill, and thereforer— note well the con
sequence— the trade of distilling is not to be dis
couraged. Once more, my lords, allow me to wonder at the
different conceptions of different understandings. It
appears to me, that since the spirits, which the dis
tillers produce, are allowed to enfeeble the limbs,
and vitiate the blood, to pervert the heart, and ob
scure the intellects, that the number of distillers
should be no argument in their favour ; for I never

300 lord chesterfield's speech
heard that a law against theft, was repealed or de
layed because thieves were numerous. It appears
tome, my lords, that if so formidable a body, are
confederated against the virtue or the lives of their
fellow citizens, it is time to put an end to the havock,
and to interpose, while it is yet in our power to
stop the destruction.
So little, my lords, am I affected with the merit
of the wonderful skill which the distillers are said to
have attained, that it is, in my opinion, no faculty
of great use to mankind, to prepare palatable poison ;
nor shall I ever contribute my interest for the re
prieve of a murderer, because he has, by long prac
tice, obtained great dexterity in his trade.
If their liquors are so delicious, that the people
are tempted to their own destruction, let us at length,
my lords, secure them from these fatal draughts, by
bursting the vials that contain them. Let us crush at
once these artists in slaughter, who have reconciled
their countrymen to sickness and to ruin, and spread
over the pitfalls of debauchery such baits as cannot
be resisted.
The noble lord has, indeed, admitted that this bill
may not be found sufficiently coercive, but gives us
hopes that it may be improved and enforced another
year, ^nd persuades us to endeavour a reformation
of drunkenness by degrees, and, above all, to beware
at present of hurting the manufacture.
I am very far, my lords, from thinking that there
are, this year, any peculiar reasons for tolerating
murder ; nor can I conceive why the manufacture
should be held sacred now, if it be to be destroy
ed hereafter. We are, indeed, desired to try how
far this law will operate, that we may be more able
to proceed with due regard to this valuable manu-
facture. With regard to the operation of the law, it appears
to me, that it will only enrich the government, with
out reforming the people ; and I believe there are not
many of a different opinion. If any diminution of the
sale of spirits be expected from it, it is to be consi.

ON THE GIN ACT. 30l
dered that this diminution will, or will not, be such
as is desired for the reformation of the people. If it
be sufficient, the manufacture is at an end, and all the
reasons against a higher duty are of equal force against
this: but if it is not sufficient,, we have, at least,
omitted part of our duty, and have neglected the
health and virtue of the people.
I cannot, my lords, yet discover why a reprieve is
desired for this manufacture. Why the present year
is not equally propitious to the reformation of man
kind, as any will be that may succeed it. It is true
we are at war with two nations, and perhaps with
more ; but war may be better prosecuted without
money than without men. And we but little consult
the military glory of our country, if we raise supplies
for paying our armies, by the destruction of those ar
mies that we are contriving to pay.
We have heard the necessity of reforming the na
tion by degrees, urged as an argument for imposing
first a lighter duty, and afterwards a heavier. This
complaisance for wickedness, my lords, is not so
defensible as that it should be battered by arguments
in form, and therefore I shall only relate a reply
made by Webb, the noted walker, upon a parallel
occasion. This man, who must be remembered by many of
your lordships, was remarkable for vigour, both of
mind and body, and lived wholly upon water for his
drink, and chiefly upon vegetables for his other sus
tenance. He was one day recommending his regimen
to one of his friends who loved wine, and who perhaps
might somewhat contribute to the prosperity of this
spirituous manufacture, and urged him, with great
earnestness, to quit a course of luxury, by which his
health and his intellects would equally be destroyed.
The gentleman appeared convinced, and told him,
" that he would conform to his counsel, and thought
he could not change his course of life at once, but
would leave off strong liquors by degrees." " By
degrees!" says the other with indignation. "If you

3Q2 LORD chesterfield's speech
should unhappily fall into the fire, would you caution
your servants not to pull you out but by degrees?"
This answer, my lords, is applicable to the present
case. The nation is sunk into the lowest state of cor-
ruption ; the people are not only vitious, but insolent
beyond example. They not only break the laws, but
defy them ; and yet some of your lordships are for
reforming them by degrees.
I am not so easily persuaded, my lords, that our
ministers really intend to supply the defects that may
hereafter be discovered in this bill. It will doubtless
produce money, perhaps much more than they appear
to expect from it. I doubt not but the licensed retail
ers will be more than fifty thousand, and the quantity
retailed must increase with the number of retailers.
As the bill will, therefore, answer all the ends intend
ed by it, I do not expect to see it altered ; for I have
never observed ministers desirous of amending their
own errours, unless they are such as have caused a
deficiency in the revenue.
Besides, my lords, it is not certain that, when this
fund is mortgaged to the publick creditors, they can
prevail upon the commons to change the security.
They may continue the bill in force, for the reasons,
whatever they are, for which they have passed it ; and
the good intentions of our ministers, however sincere,
may be defeated, and drunkenness, legal drunkenness,
established in the nation.
This, my lords, is very reasonable ; and therefore
we ought to exert ourselves for the safety of the nation,
while the power is yet in our own hands ; and, with
out regard to the opinion or proceedings of the other
house, show that we are yet the chief guardians ofthe
people. The ready compliance of the commons, with the
measures proposed in this bill, has been mentioned
here, with a view, I suppose, of influencing us ; but
surely by those who had forgotten our independence,
or resigned their own. It is not only the right, but
the duty of either house, to deliberate, without regard
to the determinations ofthe other : for how should the

ON THE GIN ACT. 303-
nation receive any benefit from the distinct powers
that compose -the legislature, unless the determina
tions are without influence upon each other ? If either
the example or authority of the commons can divert
us from following our own convictions, we are no
longer part of the legislature; ive have given up
our honours* and our privileges ; and what then is
Our concurrence but slavery, or our suffrage but an
echo? The only argument, therefore, that now remains*
is the expediency of gratifying those, by whose ready
subscription the exigencies our new statesmen have
brought upon us have been supported, and of continu
ing the security hy which they have been encouraged
to such liberal, contributions.
Publick credit, my lords, is indeed of very great
importance; but publick credit can never be long
supported without publick virtue ; nor indeed, if the
government could mortgage the morals and health Of
the people, would it be just and rational to confirm
the bargain. If the ministry can raise money only by
the destruction of their fellow subjects, they ought to
abandon those schemes for which the money is neces
sary ; for what calamity can be equal to unbounded
wickedness ?
But, my lords, there is; no necessity for a choice,
which may cost us or our ministers so much regret :
for the same subscriptions may be procured by an of
fer of the same advantages to a fund of any other kind ;
and the sinking fund will easily supply any deficiency
that might be suspected in another scheme.
To confess the truth, I should feel very little pain
from an account that the nation was for some time
determined to be less liberal of their contributions ;
and that money was withheld, till it was known in
what expeditions it was to be employed, to what
princes subsidies were to be paid, and what! advanta
ges were to be purchased by it for our country. I
should rejoice, my lords, to hear that the lottery, by
which the deficiencies of this duty are to be supplied,
was not filled ; and that the peoplie were grown, at
last, wise enough to discern the fraud, and to prefer

304 LORD CHESTERFIELD'S SPEE CH
honest commerce, by which all may be gainers, to a
game by which the greatest number must certainly be
losers. ,
The lotteries, my lords, which former ministers
have proposed, have always been censured by those
that saw their nature and their tendency ; they have
been considered as legal cheats, by which the igno
rant and the rash are defrauded, and the subtle and
avaricious often enriched ; they have been allowed to
divert the people from trade, and to alienate them
from useful industry. A man who is uneasy in
his circumstances, and idle in his disposition, col
lects the remains of his fortune, and buys tickets in
a lottery ; retires from business; indulges himself in
laziness ; and waits, in. some obscure place, the event
of his adventure. Another, instead of employing
his stock in trade, rents a garret, and makes it his
business, by false intelligence and chimerical alarms,
to raise and sink the price of tickets alternately, and
takes advantage of the lies which he has himself in
vented. Such, my lords, is the traffick that is produced by
this scheme of getting money; nor were these in-
conyeniencies unknown to the present ministers in
the time of their predecessors, whom they never
ceased to pursue with the loudest clamours, whenever
the exigencies of the government reduced them to a
lottery. If I, my lords, might presume to recommend to
our ministers the most probable method of raising a
large sum, for the payment of the troops of the elec
torate, I should, instead Of the tax and lottery now
proposed, advise them to establish a certain number
of licensed wheelbarrows, on which the laudable trade
of thimble and button might be carried on for the
support of the war, and shoeboys might contribute
to the defence of the house of Austria by raffling for
apples. Having now, my lords, examined, with the utmost
candour, all the reasons which have been offered in
defence ofthe bill, I cannot conceal the result of my

ON THE GIN ACT* 305
»
inquiry. The arguments have had so little effect
upon my understanding, that, as every man judges of
others by himself, I cannot believe that they have
any influence eveh upon those that offer them ; and
therefore I am convinced that this bill must be the re->
suit of considerations which have been hitherto con
cealed, and is intended to promote designs which are
never to be discovered by the authors before their ex
ecution. With regard to these motives and designs, however
artfully concealed, every lord in this house is at liberty
to offer his conjectures*
When I consider, my lords, the tendency of this
bill, I find it calculated only for the propagation of dis
eases, the suppression of industry, and the destruction
of mankind. I find it the most fatal engine that ever
was pointed at a people ; an engine by which those
who are not killed will be disabled, and those who
preserve their limbs will be deprived of their senses*
This bill, therefore; appears to be designed only to
thin the ranks of mankind, and to disburthen the world
of the multitudes that inhabit it, and is perhaps the
strongest proof of political sagacity that our new minis
ters have yet exhibited. They well know, my lords,
that they are universally detested, and that, whenever'
a Briton is destroyed, they are freed from an enemy ;
they have therefore opened the floodgates of gin upon
the nation, that, when it is less numerous, it may be
more easily governed.
Other ministers, my lords, who had not attained to
so great a knowledge in the art of making war upon
their country, when they found their enemies cla
morous and bold, used to awe them with prosecutions
and penalties, or destroy them like burglers with
prisons and with gibbets. But every age, my lords,
produces some improvement ; and every nation, how-*
ever degenerate, gives birth, at some happy period
of time, to men of great and enterprising genius. It
is our fortune to be witnesses of a new discovery in
politicks ; we may congratulate ourselves upon being
cotemporaries with those men, who have showed that
vol. i. r r

3Q§ LORD CttESTttRFIELB'S SPEECH

*

hangmen and halters are unnecessary in a state, and
that ministers may escape the reproach of destroying
their enemies, by inciting them to destroy themselves.
This new method may, indeed, have upon differ
ent constitutions a different operation ; it may destroy
the lives of some, and the senses of others ; but either
of these effects will answer the purposes of the minis
try, to whom it is indifferent, provided the nation be
comes insensible, whether pestilence or lunacy pre
vails among them* Either mad or dead the greatest
part of the people must quickly be, or there is no
bope ofthe continuance ofthe present ministry.
For this purpose, my lords, what could have been
invented more efficacious than an establishment of a
certain number of shops, at which poison may be
vended ; poison so prepared as to please the palate,
while it wastes the strength, and only kills by intoxi
cation ? From the first instant that any ofthe enemies
of the ministry shall grow clamorous and turbulent, a
crafty hireling may lead him to the ministerial slaugh
terhouse, and ply him with their wonder-working
liquor, till he is no longer able to speak or think; and,
my lords, no man can bejmore agreeable to our mi
nisters, than he that can neither speak nor think, ex
cept those who speak without thinking.
But, my lords, the ministers ought to reflect, that
though all the people ofthe present age are their ene
mies, yet they have made no trial of the temper and
inclinations of posterity. Our successours may be
of opinions very different from ours ; they may per
haps approve of wars on the continent, while our plan
tations are insulted and our trade obstructed ; they
may think the support of the house of Austria of more
importance to us than our own defence ; and may per
haps so far differ from their fathers, as to imagine the
treasures of Britain very properly employed in sup
porting the troops, and increasing the splendour, of a
foreign electorate.
Whatever, my lords, be the true reason for which
this bill is so warmly promoted, I think they ought,
at least, to be deliberately examined ; and therefore

ON THE GIN ACT. 307
cannot think it consistent with our regard for the na
tion, to suffer it to be precipitated into a law. The
year, my lords, is not so far advanced but that supplies
may be raised by some other method, if this should
be rejected. Nor do I think that we ought to consent
to this, even though our refusal should hinder the sup
plies, since we have no right, for the sake of any ad
vantage, however certain or great, to violate all the
laws of heaven and earth, and to fill the exchequer
with the price ofthe lives of our fellow subjects.
Let us, therefore, my lords, not suffer ourselves to
be driven forward with such haste, as may hinder us
from observing whither we are going. Let us not be
persuaded to precipitate our counsels, by those, who
know that all delays are detrimental to their designs,
-because delays may produce new information ; and
they are conscious that the bill will be the less appro
ved, the more it is understood.
But every reason which they can offer against the
motion is, in my opinion, a reason for it ; and there
fore I shall readily agree to postpone the clause, and
no less readily to reject the bill.
If, at last, reason and evidence are vain ; if neither
justice nor compassion can prevail; but the nation
must be destroyed for the support of the government;
let us at least, my lords, confine our assertions, in the
preamble, to truth. Let us not affirm that drunken
ness is established by the advice or consent of the
lords spiritual ; since I am confident not one of them
will so far contradict his own doctrine, as to vote for
a bill which gives a sanction to one vice, and minis-
, ters opportunities and temptations to all others, and
which, if it be not speedily repealed, will overflow the
whole nation with a deluge of wickedness,

LORD BELHAVEN'S SPEECH,
IN THE SCOTCH CONVENTION, AGAINST THE UNION.
AFTER an arduous struggle, and by the most
dexterous management on the part of the commis
sioners appointed for the purpose, the treaty of union
between England and Scotland was finally concluded,
and from the first of May 1707, the two kingdoms
became indissolubly incorporated.
This wise and salutary measure had to encounter
in every step of its progress, the sturdy pride, the
haughty spirit of independence, and, all the force of
national prejudice incident to the Scotch character.
Among the most formidable of the opposition,
both on account of the mighty sway of his talents,
and the resoluteness of his temper, .was the earl of
Belhaven. Conceiving, in common -.. with many
other distinguished men, and a clear majority of the
nation, that in the loss of her independent legisla
ture, his country would experience a train of cala.
Tnities, not more destructive to her prosperity, than
degrading to herdignity, he waged a resistance to
the hateful project with a constancy which the weight
of regal influence could not shake, nor the pledgpjof
honours and rewards seduce, or the snares of in
trigue or artifice surprise.
The ensuing speech discloses his sentiments and
his fears. Like the tremulous solicitudes of many
other ardent patriots they proved to be visionary.

310 LORD BELHAVEN'S SPEECH
Not one of the groupe of misfortunes which he Be
held through the vista of futurity was realized. The
act of union on the contrary, gave wealth, and happi
ness, and strength to Scotland, and guarantied the
grandeur and safety of the British empire.
SPEECH, Vc.
MY LORD CHANCELLOR,
WHEN 1 consider the affair of a union betwixt
the two nations, as it is expressed in the several ar
ticles thereof, and now the subject of op r deliberation
at this time, I find my mind crowded with a variety
of melancholy thoughts ; and I think it my duty to
disburthen myself of some of them by laying them
before, and exposing them to the serious considera
tion of this honourable house.
I think I see a free and independent kingdom deli
vering up that which all the world hath been fighting
for since the days of Nimrod; yea, that for which
most of all the empires, kingdoms, states, princi
palities, and dukedoms of Europe, are at this time
engaged in the most bloody and cruel wars that ever
were : to wit, a power to manage their own affairs
by themselves, without the assistance and counsel. of
any other.
I think I see a national church, founded upon a
rock, secured by a claim of right, hedged and fenced
about by the strictest and most pointed legal sanction
that sovereignty could contrive, voluntarily descend
ing into a plain, upon an equal level with Jews, Pa
pists, Socinians, Arminians, Anabaptists, and other*
sectaries. rf
I think I see the noble and honourable peerage of
Scotland, whose valiant predecessors led armies
against their enemies upon their own proper charges
and expense, now devested of their followers and
vassalages, and put upon such an equal foot with their
vassals, that I think I see a petty Ehglish exciseman*
receive more homage and respect than what was
paid formerly to their quondam Mackallamores.

AGAINST THE UNION. 311
I think I see the present peers of Scotland, whose
noble ancestors conquered provinces, over-run coun*
tries, reduced and subjected towns and fortified
places, exacted tribute through the greatest part of
England, now walking in the court of requests; like
so many English attornies, laying aside their walk
ing swords when in company with the English peers,
lest their self defence should be found murder.
I think 1 see the honourable estate of barons, the
bold assertors of the nation's rights and liberties in
the worst of times, now setting a watch upon their
lips, and a guard upon their tongues, lest they may
be found guilty of scandalum magnatum.
I think I see the royal state of burghers walking
their desolate streets, hanging down their heads un
der disappointments, wormed out of all the branches
of their old trade, uncertain what hand to turn to,
necessitated to become 'prentices to their unkind
neighbours, and yet, after all, finding their trade so
fortified by companies, and secured by prescriptions,
that they despair of any success therein.
I think I see our learned judges laying aside their
pratiques and decisions, studying the common law of
England, gravelled with certioraris, nisi priuses, writs
af errour, verdicts, injunctions, demurs, Vc. and
frighted with appeals and avocations, because of the
new regulations and rectifications they may meet
with. I think I see the valiant and gallant soldiery either
sent to learn the plantation trade abroad, or at home
petitioning for a small subsistence, as a reward of
their honourable exploits ; while their old corps are
broken, the common soldiers left to beg, and the
youngest English corps kept standing.
I think I see the honest industrious tradesman load
ed with new taxes and impositions, disappointed. ,of
the equivalents, drinking water in place of ale, eating
his saltless pottage, petitioning for encouragement
to his manufactures, and answered by counter pe
titions.

312 LORD belhaven's speech
In short, I think I see the laborious ploughman,
with his corn spoiling upon his hands, for want of
sale, cursing the day of his birth, dreading the ex
pense of his burial, and uncertain whether to marry
or do worse.
I think I see the incurable difficulties of trie landed
men, fettered under the goldeijchain of equivalents,
their pretty daughters petitioning for want of hus
bands, and their sons for want of employment.
I think I see our mariners delivering up their ships
to their Dutch partners, and what -through presses
and necessity, earning their bread as underlings in
the royal English navy. .
But above all, my lord, I think 1 see our ancient
mother Caledonia, like Cesar, sitting in the midst of
our senate, ruefully looking round about her, co
vering herself with her royal garment, attending the
fatal blow, and breathing out her last with an Et tu
quoque mi fill .'
Are not these, my lord, very afflicting thoughts ?
And yet they are but the least part suggested to me
by these dishonourable articles. Should not the
consideration of these things vivify these dry bones
of ours ? Should not the memory of our noble
predecessors' valour and constancy rouse up our
drooping spirits ? Are our noble predecessors' souls
gpt so far into the English cabbage stalk, and cauli
flowers, that we should show the least inclination
that way? Are our eyes so blinded, are our ears
so deafened, are our hearts so hardened, are our
tongues so faltered, are our hands so fettered, that in
this our day, I say, my lord, in this pur day, we
should not mind the things that concern the very
being, and well being of our ancient kingdom, before
the day be hid from our eyes ?
I design not at this time to enter into the merits
of any one particular article. I intend this discourse
as an introduction to what I may afterwards say upon
the whole debate, as it falls in before this honourable
house ; and therefore, in the further prosecution of
what I have to say, I shall insist upon a few particu-

AGAINST THE:UNI0N* 81<f
Iars, very necessary to be understood before we enter
into the detail of so important a matter*
I shall therefore, in the first place, endeavour to
encourage a free and full deliberation^ without animo*
sities and heats; In the next place, I shall endeavour
to make an inquiry into the nature and source of the
unnatural and dangerous divisions that are notv on foot
within this isle, with some motives showing that it is
our interest to lay them aside at this time* Then I
shall inquire into the reasons which have induced the
two nations to enter into a treaty of union at this
time, with some considerations and meditations with
relation to the behaviour of the lords commissioners
of the two kingdoms in the management of this great
concern. And lastly, I shall propose a method, by
which we shall most distinctly, and without confusion
go through the several articles of this treaty, without
unnecessary repetitions or loss of time. And all
this with all deference, and under the correction of
this honourable house.
My lord chancellor, the greatest honour that was
done unto a Roman, was to allow him the glory of
a triumph ; the greatest and most dishonourable pu^
nishment Was that of parricide. He that was guilty
of parricide was beaten with rods upon his naked
body, till the blood gushed out of all the veins of his
body ; then, he was sewed up in a leathern sack cal
led a culeus, with a cock, a viper, and an ape^ and
thrown headlong into the sea.
My lord, patricide is a greater crime than parricide,-
all the World over*
In a triumph, my lord, when the conqueror was
riding in his triumphal chariot, crowned with laurels,
adorned with trophies, and applauded with huzzas !
there was a monitor appointed to stand behind him,'
to warn him not to be high minded, nor puffed up
with overweening thoughts of himself; and to his
chariot were tied a whip and a bell, to remind hirh
that for all his glory and grandeur^ he was accountable
to the people for his administration, and would be
punished, as other men, if found guilty.
vol, i. s s

314 10RD belhaven's speech
The greatest honour amongst us, my lord, is to
represent the sovereign's sacred person in parliament ;
and in one particular it appears to be greater than that
of a triumph} because the whole legislative power
seems to be wholly entrusted with him. If he give
the royal assent to an act of the estates, it becomes
a law obligatory upon the subject, though contrary
or without any instructions from the sovereign. If
he refuse the royal assent to a vote in parliament, it
cannot be a law, though he has the sovereign's parti
cular and positive instructions for it. '<
His grace the duke of Queensbury, who now re
presents her majesty in this session of parliament, hath
had the honour of that great trust as often, if not more,
than any Scotchman ever had. He hath been the fa
vourite of two successive sovereigns, and I cannot
but commend his constancy and perseverance, that
notwithstanding his former difficulties and unsuccess
ful attempts,, and maugre some other specialities not
yet determined, that his grace has yet had the resolu
tion to undertake the most unpopular measures last.
If his grace succeed in this affair of a union, and that
it prove for the happiness and welfare of the nation,
then he justly merits to have a statue of gold erected
for himself; but if it shall tend to the entire destruc
tion and abolition of our nation, and that we, the
nation's trustees, will go into it, then I must say,
that a whip and a bell, a cock, and a viper, and an
ape, are but too small punishments for any such bold,
unnatural undertaking and complaisance.
That I may pave a way, my lord, to a full, calm,
and free reasoning upon this affair, which is of the
last consequence unto this nation, I shall mind this
honourable house, that we are the successours of our '
noble predecessors who founded our monarchy, fra
med our laws, amended, altered, and corrected them
from time to time, as the affairs and circumstances of
the nation did require, without the assistance or ad
vice of any foreign power or potentate ; and who,
during the time of two thousand years, have handed
them down to us a free, independent nation, with the

AGAINST THE UNION. 315
hazard of their lives and fortunes. Shall not we then
argue for that which our progenitors have purchased
for us at so dear a rate, and with so much immortal
honour and glory ? God forbid. Shall the hazard of
a father unbind the ligaments of a dumb son's tongue,
and shall we hold our peace when our patria is in
danger ? I speak this, my lord, that I may encourage
every individual member of this house to speak his
mind freely ; there are many wise and prudent men
amongst us, who think it not worth their while to
open their mouths ; there are others, who can speak
very well, and to good purpose, who shelter them
selves under the shameful cloak of silence from a fear
of the frowns of great men and parties. I have ob
served, my lord, by my experience, the greatest num
ber of speakers in the most, trivial affairs ; and it will
always prove so, while we come not to the right un
derstanding of the oath de fideli, whereby we are
bound not only to give our vote but our faithful ad
vice in parliament, as we should answer to God.
And in our ancient laws, the representatives of the
honourable barons and the royal boroughs are termed
spokesmen. It lies upon your lordships, therefore,
particularly to take notice of such, whose modesty
makes them bashful to speak. Therefore, I shall
leave it upon you, and conclude this point with a
very memorable saying of an honest private gentle
man to a great queen, upon occasion of a state pro
ject, contrived by an able statesman and the favourite
to a great king, against a peaceful obedient people,
because of the deversity of their laws and constitu
tions; " If at this time thou hold thy peace, salvation
shall come to the people from another place ; but thou
and thy house shall perish." I leave the application
to each particular member of this house.
My lord, I come now to consider our divisions.
We are under the happy reign, blessed be God, of
the best of queens, who has no evil design against the
meanest of her subjects ; who loves all her people,
and is equally beloved by them again ; and yet, that
under the happy influence of our most excellent queen,

316 LORD BELHAVEN'S SPEECH
there should be such divisions and factions, more dan
gerous and threatening to her dominions than if we
were under an arbitrary government, is most strange
and unaccountable. Under an arbitrary prince all are
willing to serve, because all are under a necessity to
obey, whether they will- or not. He chooses there
fore whom he will, without respect to either parties
or factions ; and if he think fit to take the advices of
his councils or parliaments, every man speaks his
mind freely, and the prince receives the faithful ad
vice of his people, without the mixture of self designs.
If he prove a good prince, the government is easy ; if
bad, either death or a revolution brings a deliverance :
whereas here, my lord, there appears no end of our
misery, if not prevented in time. Factions are now
become independent, and have got footing in councils,
in parliaments, in treaties, in armies, in incorporations,
in families, among kindred; yea, man and wife are
not free from their political jars.
It remains, therefore, my lord, that I inquire into
the nature of these things ; and since the names give
us not the right idea of the thing, I am afraid I shall
have difficulty to make myself well understood.
The names generally used to denote the factions,
are whig and tory; as obscure as that of guelfs and
ghibelines ; yea, my lord, they have different significa
tions, as they are applied to factions in each kingdom.
A whig in England is a heterogeneous creature : in
Scotland he is all of a piece. A tory in England is
all of a piece, and a statesman ; in Scotland he is quite
otherwise ; an anticourtier and antistatesman.
A whig in England appears to be somewhat like
Nebuchadnezzar's image, of different metals, differ
ent classes, different principles, and different designs;
yet, take them all together, they are like a piece of
some mixed drugget of different threads ; some finer,
some coarser, which after all make a comely appear
ance, and an agreeable suit. Tory is like a piece of
Joyal home-made English cloth, the true staple of the
nation, all of a thread ; yet if we look narrowly into
jt, we shall perceive a diversity of colours, which,

AGAINST THE UNION. 317
according to the various situations and positions,
make various appearances. Sometimes tory is like
the moon in its full ; as appeared in the affair of the
bill of occasional conformity. Upon other occasions,
it appears to be under a cloud, and as if it were eclip
sed by a greater body ; as it did in the design of call
ing over the illustrious princess Sophia. However, by
this we may see their designs are to out-shoot whig in
his own bow.
Whig, in Scotland, is a true blue presbyterian, who,
without considering time or power, will venture his
all for the kirk, but something less for the state. The
greatest difficulty is how to describe a Scots tory. Of
old, when I knew them first, tory was an honest heart
ed comradish fellow, who, provided he was maintain
ed and protected in his benefices, titles, and dignities,
by the state, he was the less anxious who had the go
vernment and management of the church ; but now,
what he is since jure divino came in fashion, and that
Christianity, artd by consequence salvation, comes to
depend upon episcopal ordination, I profess I know
not what to make of him ; only this I must say for
him, that he endeavours to do by opposition, that
which his brother in England endeavours by a more
prudent and less scrupulous method.
Now, my ford, from these divisions, there has got
up a kind of aristocracy, something like the famous
triumvirate at Rome ; they are a kind of undertakers
and pragmatick statesmen, who, finding their power
and strength great, and answerable to their designs,
will make bargains with our gracious sovereign ; they
will serve her faithfully, but upon their own terms ;
they must have their own instruments, their own mea
sures. This man mUst be turned out, and that man
put in, and then they will make her the most glorious
queen in Europe.
Where will this end, my lord ? Is not her majesty
in danger by such a method ? Is not the monarchy in
danger? Is not the nation's peace and tranquillity in
danger? Will a change of parties make the nation
more happy ? No, my lord. The seed is sown, that

318 LORD belhaven's speech
is like to afford us a ^perpetual increase : it is not an
annual herb, it takes deep root ; it seeds and breeds,
and if not timely prevented by her majesty's royal en
deavours, wiU split the whole island in two.
My lord, I think, considering our present circum
stances at this time, the Almighty God has reserved
this great work, for us. We may bruise this hydra pf
division, and crush this cockatrice's egg. Our
neighbours in England are not yet fitted for any such
thing ; they afe not under the afflicting hand of Provi
dence, as we are; their circumstances are great and
glorious;, their treaties are prudently managed, both
athpme and abroad; their generals brave and va-
foroUs, their armies successful and victorious; their
trophies and laurels memorable and surprising ; their
enemies subdued and routed, their strong holds be
sieged and taken. Sieges relieved, marshals killed
and taken prisoners ; provinces and kingdoms are the
results of their victories. Their royal navy is the ter
rour of Europe ; their trade and commerce extended
through the universe, encircling the whole habitable
world, and rendering their own capital city the em
porium for, the whole inhabitants ofthe earth; and
which is yet more than all these things, the.subjects
freely bestowing their treasure upon their sovereign ;
and above all, these vast riches, the sinews of war,
and without which all the glorious success had prpved
abortive, these treasures are managed with such faith
fulness and nicety, that they answer seasonably , all
their demands, though at never so great a distance.
Upon these considerations, my lord, how hard and
difficult a thing will it prove to persuade our neigh
bours to a self-denying bill,
'Tis quite otherwise with us, my lord, as weare an
obscure poor people, though formerly of better ac
count, removed to a distant corner of the world, with
out name, and without alliances; our posts mean and
precarious ; so that I profess I don't think any one
post in the kingdom worth the briguing after,* save
* Seeking for.

Against the union. 319
that of being commissioner to a long session of a fac
tious Scots parliament, with an antedated commission,
and that yet renders the rest of the ministers more
miserable. What hinders us then, my lord, to lay aside
our divisions, to unite cordially and heartily together
in our present circumstances, when our all is at stake.
Hannibal, my lord, is at our gates — Hannibal is come
within our gates — Hannibal is come the length of this
table — He is at the foot of the throne. He will de
molish the throne, if we take not notice. He will
seize upon these regalia. He will take them as our
spqlia opima, and whip us out of this house, never
to return again.
For the love of God, then, my lord, for the safety
and welfare of our ancient kingdom, whose sad cir
cumstances I hope we shall yet convert into prosperi
ty and happiness ! We want no means if we unite.
God blessed the peace makers. We want neither
men, nor sufficiency of all manner of things necessary
to make a nation happy. All depends upon manage
ment ; concordia res parva crescunt. I fear not these
articles, though they were ten times worse than they
are, if we once cordially forgive one another, and
that according to our proverb, Bygones be Bygones,
and fair play for time to come. For my part, in the
sight of God, and in the presence of this honourable
house, 1 heartily forgive every man, and beg that they
may do the same to me ; and I do most humbly pro
pose, that his grace, my lord commissioner, may ap
point an agape, may order a love feast for this honour-
ble house, that we may lay aside all self designs, and
after our fasts and humiliations, may have a day of
rejoicing and thankfulness ; may eat our meat with
gladness, and our bread with a merry heart. Then shall
we sit each man under his own fig-tree, and the voice
of the turtle shall be heard in our land, a bird famous
for constancy and fidelity.

SIR WILLIAM WYNDHAM'S SPEECH,

vs the house of commons, on the repeal of the sep-
tenniXl act. march 13, 17-34.

XlOWEVER daring may be considered the ex
ertion of parliamentary authority which passed the
septennial act, it no doubt was a measure called for
by the corruption and turbulence of the times, and
which the experience of its beneficial effects com
pletely vindicates.
Frequency of election has uniformly proved the
curse of every state in which it was indulged. It
renders the councils of a nation as fluctuating as the
popular Will, and as flagitious as the popular disposi
tions. It substitutes in legislation for the energy of
wisdom, and the coolness of discretion, the violence
of folly and the rashness of that party intemperance
which it enkindles. It keeps a nation perpetually
heated by the ferments it necessarily excites, and lets
loose to prey upon society the worst of human pas
sions. It vitiates publick morals, and poisons indi
vidual comfort.
No country ever has, or will preserve its internal
peace or attain to any height of power or glory which
idly permits frequent appeals to popular suffrage.
The change in the constitution ofthe English house
of commons certainly was productive of very salutary
consequences. It protected, at a moment of alarm the
VOL I. Tt

322 SIR WILLIAM WYNDHAM'S SPEECH
publick safety, and infused into the government a
stability, vigour, firmness, and consistency, which
have enabled it to defeat the designs of faction, and
to carry the country triumphantly through all those
arduous struggles, and critical junctures in which,
during the last and present centuries, it has been
placed. The septennial bill met, when originally introduced
into parliament with a vehement resistance; and subse
quently on several occasions, strenuous attempts were
made, but without success, to procure its repeal. The
first of these efforts was in the year 1734. The op
position of that period came forward, and urged it
with an uncommon display of ability. They were
answered with equal talent by the ministry. No de
bate, indeed, in the British senate is more celebrated
for its eloquence. The speech of Sir William
Wyndham has been particularly extolled. By one
writer* it is exultingly cited as exhibiting " the un
rivalled orator, the uncorrupted Briton, and the un
shaken patriot." By anothert it is pronounced to be
a " master-piece of eloquence" and that its reason
ings which are fully stated, are unanswerable. Not
the slightest notice is taken by either of these histo
rians of the reply of Sir Robert Walpole, or of any
of the speeches in support of the bill. We haye
acted with less partiality. The ablest speech on each
side is here inserted. These comprehend all the prin
cipal arguments employed in the discussion of the
subject. Whatever may be the energy and ingenuity
of the attack, it does not surpass the skill and strength
of the defence. That mind, truly, must be very
weak, or dull, or crooked, which, after reading the
speech of Sir Robert Walpole, is not convinced of
the impolicy, and dangerous tendency oi frequent
elections. * Smollet. f Belsham.

ON THE SEPTENNIAL BILL. 223
SPEECH, Vc.
Sir, THE honourable gentleman who spoke last, in
vindicating, as he called it, his learned friend, threw
out a very unfair reflection upon the conduct of a
worthy gentleman under the gallery, whose behaviour
in parliament, I have been a witness of ; and I can say
without flattery, it has been as even and as honoura
ble, as the behaviour erf any gentleman in this house ;
and if the honourable gentleman thinks otherwise, I
dare say he is single in his opinion : He is, I believe,
ihe only man, either in the house or out of it, who
thinks so; I wish the behaviour of every other gen
tleman, I will not say in this, but informer parlia
ments, had been as unexceptionable : for if it had, I
am very sure we should have had no occasion for this
day's debate.
The observation made by the learned gentleman,
which the honourable gentleman took up so much
time to explain, was without exception ; it was just,
it was plain, and therefore wanted neither an explana
tion nor a vindication ; but, sir, what the worthy
gentleman under the gallery, and others as well as he
took notice of, was an expression that fell from the
learned gentleman, I dare say, without design. He
said, that we were to have no dependance upon our
constituents ; he went further, he said it was a dan
gerous dependance ; nay, he went further still, and
said, it was more dangerous than a dependance on
the crown. This my worthy friend took notice of,
and with his usual modesty, called it a new doctrine.
It is, sir, not only a new doctrine, but it is the most
monstrous, the most slavish doctrine that was ever
heard, and such a doctrine as I hope no man will
ever dare to support within these walls ; I am per
suaded, sir, the learned gentleman did not mean what
the words he happened to make use of may seem to
import; for though the people of a county, city, or
borough *?ay be misled, and may be induced to give

224 SIR WILLIAM WYNDHAM'S SPEECH
instructions, which are contrary to the true interest of
their country, yet I hope he' will allow, that in times
past, the crown has been oftner misled, and conse
quently, we must conclude, that it is more apt to
be misled in time to come, than we can suppose the
people to be".
As to the contests about the hext election, sir, that
they were begun a long while ago, is a certain fact ;
but who the beginners were may not be so certain,
or, at least, not so generally known ; and the honour
able gentleman who spoke last seemed to be ignorant,
or indeed,*, rather to mistake who were the beginners
of them ; but if he pleases to look about him, he may
see one not far distant from him, who, by his agents,
was the first and the principal beginner of themj
in most parts of the kingdom. To see them begin so
soon, is no new thing, sir. It is a stale ministerial
artifice; it has been practised ever since septennial
parliaments took place, and will be practised as long
as they continue. Ministers of state know well how
unequal the contention is between a country gentle
man, who has nothing but his own estate, greatly
exhausted by the many taxes he pays, to depend on;
and ministerial election mongers, supplied by gentle
men in office, who have for seven years been heaping
up money for that purpose, or perhaps supplied even
by the publick treasure ofthe nation. And the sooner
this contention begins, the greater disadvantage the
country gentlemen labour under, the more time those
tools of corruption have to practise upon the electors,
and to discover where that money may be placed to
the best advantage, which is issued for corrupting
the people, and overturning the constitution. From
hence it is obvious who have been, and who will
always be the first beginners of such contentions.
The learned gentleman, as well as some others,
particularly an honourable gentleman under the gal
lery, who spoke early in the debate, and who, indeed,
said as much, and in as handsome a manner as can,
in my opinion, be said against the question, has told
us, that our constitution has been often varied ; and

ON THE SEPTENNIAL BILL. 325
that there was no time, when it was such as we ought,
or would desire, to return to. Sir, it is not to be
doubted, but our constitution has often varied, and
perhaps, there is no time when it was without a
fault; but I will affirm, that there is no time in which
we may not find some good things in our constitu
tion. There are now, there have been in every cen
tury, some good laws existing. Let us preserve those
that are good ; if any, of them have been abolished,
let them be restored, and if any of the laws now in
being, are found to be attended with inconveniences,
let them be repealed : this is what is nowdesired ;
this is what the people have reason to expect from
parliament; there is nothing now desired but what
the people have a right to ; they have now, they al
ways had a right to frequent new parliaments ; and
this right was established and confirmed, even by the
claim of rights, notwithstanding what the learned gen
tleman has said to the contrary. At the time of the
revolution, nay, at the present time, at all times, the
word parliament, in the common way of speakings
comprehends all the sessions held from one election
to another. That this is the common meaning of the
word, I appeal to every gentleman in this hpuse ; and
for this reason, those patriots who drew up our claim
of rights, could not imagine, that it was necessary to
put in the word new. They could not so much as
dream, that the two words, frequent parliaments,
would afterwards be interpreted to mean, frequent
sessions of parliament ; but the lawyers, who are ac
customed to confound the sense ofthe plainest words,
immediately found out, that a session of parliament
was a parliament, and that therefore the words fre
quent parliaments, meant only frequent sessions. This
quirk the lawyers found out immediately after the re
volution ; this quirk the courtiers at that time caught
hold of; and this set the people anew, upon the vin
dication of their rights, which they obtained by the tri
ennial bill. By that bill, the right of the people to
frequent new parliaments, was established in such

326 SIR WILLIAM WYNDHAM'S SPEECH
clear terms, as not to be misunderstood ; and God
forgive them, who consented to the giving them up.
I am extremely surprised, sir, to hear it said, that
the triennial bill was introduced by the enemies to the
revolution. I will not say that it was introduced by
the courtiers at that time : we seldom see such bills
introduced by such gentlemen ; but does not every
one know, that it was my lord Somers who was the
chief promoter of that bill, and that most of those
who supported him in it, were gentlemen who had
been deeply concerned in bringing about the revolu
tion ? It is true, the courtiers opposed it, and even
king William himself, by the advice of some wicked
ministers, refused to pass it the first time it was
offered ; but when it came back again to him, he
was better advised ; and if he had not passed it, he had
not done what he ought to do, he had not done all he
came to do, nor that which, when he came, he pro
mised to do, which was to restore the people to the
full enjoyment of all their rights and privileges.
To pretend, sir, that the triennial bill was intro
duced with a view of dis-tressing king William's go
vernment, is really casting a reflection upon his
government ; for to tell us, that the people's claiming
those rights, which he came to establish, was a dis
tressing of his government, is to tell us, that his go
vernment was contrary to the rights of the people,
Which is in my opinion, a very high reflection, and
such a one as the gentlemen, who tell us so, would
not patiently hear cast upon that reign by others. The
other pretence, that triennial parliaments were the
cause of his putting an end to the war, or of that treaty
which was so much complained of, is, I am sure, as
groundless ; for the second war was begun and carried
on with great success, under the influence of trien
nial parliaments,- till the balance of power was fully
restored, and so firmly established, that France has
never since endeavoured to make the least encroach
ment upon any of her neighbours. What some late
measures may encourage her to do hereafter, I shall
not pretend to determine ; but this nation has, ever

ON THE SEPTENNIAL BILL. 327
since that time, enjoyed what I think I may call a
profound tranquillity, which, if the triennial law had
remained in force, we should, I believe, have made
a much better use of, than we now seem to have
done. The learned gentleman has told us, that the sep
tennial law, is a proper medium between the unlimit
ed power of the crown, and the limiting that power
too much ; but, sir, before he had fixed upon this as
a medium, he should first have discovered to us the
two extremes. I will readily allow, that an unlimited
power in the crown, with respect to the continuing
of parliaments, is one extreme ; but the other, I
cannot really find out ; for I am very far from think
ing, that the power of the crown was too much
limited by the triennial law, or that the happiness of
the nation was any way injured by it, or can ever
be injured by frequent elections. As to the power
of the crown, it is very certain, that as long as the
administration of publick affairs, is agreeable to the
generality of the people, were they to choose a new
parliament every year, they would choose such re
presentatives as would most heartily concur in every
thing with such an administration ; so that even an
annual parliament could not be any limitation of the
just power of the crown ; and as to the happiness
of the nation, it is certain that gentlemen will always
contend with more heat and animosity about being
members of a long parliament, than about being
members of a short one ; and therefore, the elections
for a septennial parliament must always disturb the
peace, and injure the happiness of the nation, more
than the elections for an annual or triennial parlia
ment. Of this the elections in the city of London,
mentioned by my worthy friend, are an evident de
monstration. As to the elections coming on when the nation is
in a ferment, it is so far from being an objection to
frequent elections, that it is, in my opinion, sir, a
strong argument in favour of them ; because it is one
of the chief supports of the freedom of the nation. It

328 SIR WILLIAM WYNDHAM'S SPEECH
is plain, that the people seldom or ever were ih a fer
ment, but when encroachments were made upon their
rights and privileges ; and when any such are made,
it is very proper, nay it is even necessary, that the
people should be allowed to proceed to a new election,
in order that they may choose such representatives,
as will do them justice, by punishing those who have
been making encroachments upon them; otherwise
one of these two effects may very probably ensue :
either the ferment will break out into an open insur
rection, or the encroachment that has been made,
may happen to be forgot before a new election comes
on, and then the invaders of the people's rights,
will have a much better lay for getting such a new
parliament chosen, as will not only free them from all
punishment, but will confirm the encroachments that
have been made, and encourage the making of new.
Thus the rights of the people may be nibbled and
curtailed by piecemeal, and ambitious criminals may
at last get themselves so firmly seated, that it will be
out ofthe power ofthe people to stop their career, or
tb avoid the chains which they are preparing.
Now, sir, to return to the power of the crown,
which the learned gentleman has told us was too
much limited by the triennial law. I think I have
made it plain, that the just power of the crown cannot
possibly be limited by frequent elections, and conse
quently could not be too much limited by the trien
nial law. But by long parliaments the crown may be
enabled to assume, and to make use of an unjust
power. By our constitution, the only legal method
we have of vindicating our rights and privileges,
against the encroachments of ambitious ministers, is
by parliament. The only way we have of rectifying a
weak or wicked administration, is by parliament. The
only effectual way we have of bringing high and pow
erful criminals to condign punishment, is by parlia
ment. But if ever it should come to be in the power
ofthe administration to have a majority of this house
depending upon the crown, or to get a majority of
such men returned as the representatives ofthe people,

ON- THE SEPTENNIAL &ILL. 329
the parliament will then stand us in no stead. It can
answer none of these great purposes. The whole na
tion may be convinced of the weakness or the wick
edness of those in the administration, and yet it may
be out of the nation's power, in a legal way, to get
the fools turned out, or the knaves hanged.
This misfortune, sir, can be brought upon us by
nothing but by bribery and corruption ; and therefore
there is nothing we ought to guard more watchfully
against. And an honourable gentleman who spoke some
time ago, upon the same side With me, has so clearly
demonstrated, that the elections for a septennial par
liament are more liable to be influenced by corruption
than those for a triennial, that I am surprised his ar
gument should be mistaken or not comprehended*
But it seems the most certain maxims, the plainest
truths, are now to be controverted or denied. It has
been laid down as a maxim, and I think it is a most
infallible maxim, that a man will contend with more
heat and vigour for a post, either of honour or profit,
which he is to hold for along term, than he will do
for one he is to hold for ashorter term. This has been
controverted. It has been laid down as a maxim,
and I think equally infallible, that a hundred guineas
is a more powerful bribe than fifty. This has been
denied. Yet nevertheless I must beg leave to push
this argument a little further.
Let us suppose, sir, a gentleman at the head of the
administration, whose only safety depends upon cor-'
rupting the members of this house. This may now be
only a supposition ; but it is certainly such a one as
may happen ; and if ever it should, let us see whether
such a minister might not promise himself more suc
cess in a septennial than he could in a triennial par
liament. It is an old maxim, that every man has his
price, if you can but come up to it. This, I hope,
does not hold true of every man ; but I am afraid it
too generally holds true ; and that of a great many it
may hold true, is what, I believe, Was never doubted
of; though I don't know but it may now likewise be
denied. However, let us suppose this distressed
vol. i. u u

330 SIR WILLIAM WYNDHAM'S SPEECH
minister applying to one of those men who has a price
and is a member of this house. In order to engage
this member to vote as he shall direct him, he offers
him a pension of 10001. a year ; if it be but a trien
nial parliament, will not the member immediately'
consider within himself; If I accept of this pension,
and vote according to direction, 1 shall lose my cha
racter in the country, I shall lose my seat in parlia
ment the next election, and my pension will then of
course be at an end ; so that by turning rogue I shall
get but 30001. This is not worth my while ; and so
the minister must either offer him perhaps the double
of that sum, Or otherwise he will probably determine
against being corrupted. But if the parliament were
septennial, the same man might, perhaps, say within
himself, I am now in for even years. By accepting
of this pension I shall have at least 70001. This
will set me above contempt, and if I am turned out
at next election, I do not value it. I'll take the mo
ney ip the mean time. Is it not very natural to sup
pose all this, sir, and does not this evidently show,
that a wicked minister cannot corrupt a triennial par
liament, with the same money with which he may
corrupt a septennial?
Again ; suppose this minister applies to a gentleman
who has purchased, and thereby made himself mem
ber for a borough, at the rate of perhaps 15001. be
sides travelling charges, and other little expenses :
suppose the minister offers him a pension of 5001.
a year to engage his vote : will not he naturally con
sider, if it be a triennial parliament, that if he cannot
get a higher pension he will lose money by being a
member? and surely if he be a right burgess, he
will resolve not to sell at all, rather than sell his com
modity for less than it cost him ; and if he finds he
cannot sell at all, he will probably give over standing
a candidate again upon such a footing ; by which not
only he, but many others, will be induced to give
over dealing in corrupting the electors at the next
election. But in case it be a septennial parliament,
will he not then probably accept of the 5001. pension,

ON THE SEPTENNIAL BILL, 331
if he be one of those men that has a price ? Because
he concludes, that for 15001. he may always secure
his election, and every parliament will put near 20001.
in his pocket, besides reimbursing him all his charges.
After viewing the present question in this light, is it
possiple, sir, not to conclude, that septennial parlia
ments, as well as the elections for such, must always
be much more liable to be influenced by corruption
than triennial, or the elections for triennial ?
For my own part, sir, I have been often chosen.
I have sat in parliament above these twenty years, and
I can say with truth, that neither at my election, nor
after my return, no man ever dared to attempt to let
me know what is meant by bribery and corruption ;
but I am sorry to hear the impossibility of preventing
it mentioned, and mentioned too, sir, within these
walls. The honourable gentleman who spoke last,
told us the evil of corruption was inevitable. If I
were so unhappy as to think so, I should look upon
my country to be in the most, melancholy situation.
Perhaps it may be the way of thinking among those
he keeps company with ; but I thank God I have a
better opinion of my countrymen ; and since it ap
pears tp be a way of thinking among some gentle-
men, it is high time for us to contrive some method
of putting it out of their power to corrupt the virtue
of the people ; for we may depend upon this as a
certain maxim, that those who think they cannot gain
the affections of the people, will endeavour to pur
chase their prostitution ; and the best way to prevent
the success of their endeavours, is to raise the price
so high, as to put it out of the power of any man,
or of any set of men to come up to it. If a parlia
ment is to be purchased, if elections are to be pur
chased, it is manifest the corrupting of triennial must,
upon the whole, cost a great deal more than the cor
rupting of septennial elections or parliaments. There
fore, in order to put it out of the power of any man,
or of any administration, to purchase the prostitution
of a parliament, or of the people, let us return to
triennial parliaments ; and if that will not do, let us

332 SIR WILLIAM WYNDHAM'S SPEECH
return to annual elections, which, I am very certain,
would render the practice of corruption impossible.
This, sir, is now the more necessary, because of the
many new posts and places of profit which the crown
has at its disposal, and the great civil list settled upon
his present majesty, and which will probably be con
tinued to his successours. This, I say, urges the
necessity for frequent new parliaments, because the
crown has it now more in their power than formerly,
to seduce the people, in case any future administra*
tion should find it necessary, for their own safety,
to do so.
That the increase or decrease of corruption at elec
tions, or in parliament, must always depend upon the
increase or decrease of virtue among the people, I
Shall readily grant ; but it is as certain, that the virtue
of almost every particular man depends upon the
temptations that are thrown in his way ; and accords
ing to the quantity of virtue he has, the quantity of
temptation must be raised, so as at last to make it
an overbalance for his virtue. Suppose then, sir,
that the generality of the electors in England have
virtue enough to withstand a temptation of five guineas
each, but not virtue enough to withstand a temptation
of ten guineas one with another ; is it not then much
more probable, that the gentlemen who deal in cor
ruption may be able to raise as much money, once
every seven years, as will be sufficient to give ten
guineas each, one with another, to the generality of
the electors, than that they will be able to raise such
a sum once in every three years ? And is it not from
thence certain, that the virtue of the people in ge
neral, is in greater danger of being destroyed by
septennial than by triennial parliaments? To sup
pose, sir, that every man's vote at an election, is
like a commodity which must be sold at the market
price, is really to suppose, that no man has any vir
tue at all ; for I will aver, that when once a man re
solves to sell his vote at any rate, he has then no
virtue left, which I hope is not the case of many of
pur electors, and. therefore the only thing we are to

ON THE SEPTENNIAL BILL. 333
apprehend is, lest so high a price should be offered
as may tempt thousands to sell, who had never before
any thoughts of carrying such a commodity to mar
ket. This, sir, is the fatal event we are to dread,
and it is much more to be dreaded from septennial
than from triennial parliaments. If we have there
fore any desire to preserve the virtue of our people ;
if we have any desire to preserve our constitution ;
if we have any desire to preserve our liberties, our
properties, and every thing that can be dear to a free
people, we ought to restore the trienniel law ; and if
that be found to be insignificant, we ought to abolish
prorogations, and return to annual elections.
The learned gentleman spoke of the prerogative of
the crown, and asked us, if it had lately been ex
tended beyond those bounds prescribed to it by law.
Sir, I will not say that there has been lately any at
tempts to extend it beyond the bounds prescribed by
law ; but I will say, that those bounds have been of
late so vastly enlarged, that there seems to be no great
occasion for any such attempt. What are the many
penal laws made within these forty years, but so many
extensions of the prerogative of the crown, and as
many diminutions of the liberty of the subject ? And
whatever the necessity was that brought us into the
enacting of such laws, it was a fatal necessity ; it has
greatly added to the power of the crown, and particu
lar care ought to be taken not to throw any more
weight into that scale. Perhaps the enacting of se^
veral of those penal laws might have been avoided.
I am persuaded the enacting of the law, relating to
trials for treason, not only might, but ought to have
been avoided; for though it was but a temporary
law, it was a dangerous precedent ; and the rebellion
was far from being so general in any county, as not
to leave a sufficient number of faithful subjects, for
trying those who had committed acts of treason with
in the County.
In former times, the crown had a large estate of its
own ; an estate sufficient for supporting the dignity of
the crown; and as we had no standing armies, nor

334 SIR WILLIAM WYNDHAM'S SPEECH
any great fleets to provide for, the crown did not want
frequent supplies ; so that they were not under any
necessity of calling frequent parliaments ; and as par
liaments were always troublesome, often dangerous
to ministers, therefore they avoided the calling of any
such, as much as possible. But though the crown
did not then want frequent supplies, the people fre
quently wanted a redress of grievances, which could
not be obtained but by parliament. Therefore the only
complaint then Was, that the crown either did not call
any parliament at all, or did not allow them to sit
long enough. This was the only complaint, and to
remedy this, it was thought sufficient to provide for
having frequent parliaments ; every one of which
'twas presumed, was always to be a new parliament ;
for it is well known, that the method of prorogation
was of old very rarely made use of, and was first in
troduced by those who were attempting to make en
croachments upon the rights of the people.
But now, sir, the case is altered. The crown, either
by ill management, or by prodigality and profuse-
ness to its favourites, has spent or granted away all
that estate; and the publick expense is so much en
larged, that the crown must have annual supplies, and
is therefore under a necessity of having the parlia
ment meet every year ; but as new elections are al
ways dangerous, as well as troublesome to ministers of
state, they are for having them as seldom as possible ;
so that the complaint is not now for want of frequent
meetings or sessions of parliament, but against having
the same parliament continued too long. This is the
grievance now complained of. This is what the people
desire. This is what they have a right to have redress
ed. The members of parliament may, for one year,
be looked on as the real and true representatives of
thepeople: but when a minister has seven years to
practise upon them, and to feel their pulse, they may
be induced to forget whose representatives they are.
They may throw off all dependance upon their electors,
and may become dependants upon the crown, or
rather upon the minister for the time being, which

ON THE SEPTENNIAL BILL. 335
the learned gentleman has most ingenuously confessed
to us, he thinks less dangerous than a dependance
upon his electors.
We have been told, sir, in this house, that no faith
is to be given to prophecies, therefore I shall not pre
tend to prophecy ; but I may suppose a case, which,
though it has not yet happened, may possibly happen.
Let us then suppose, sir, a man abandoned to all no
tions of virtue or honour, of no great family, and of
but a mean fortune, raised to be chief minister of
state, by the concurrence of many whimsical events ;
afraid or unwilling to trust any but creatures of his own
making, and most of them equally abandoned to all
notions of virtue or honour ; ignorant of the true in
terest of his country, and consulting nothing but that
of enriching and aggrandizing himself and his favour
ites ; in foreign affairs, trusting none but such whose
education makes it impossible for them to have such
knowledge or such qualifications,' as can either be of
service to their country, or give any Weight or credit
to their negotiations. Let us suppose the true interest
ofthe nation, by such means, neglected or misunder
stood; her honour and credit lost; her trade insulted;
her merchants plundered; and her sailors murdered ;
and all these things overlooked, only for fear his ad
ministration should be endangered. Suppose him,
next, possessed of great wealth, the plunder ofthe
nation, with a parliament of his own choosing, most
of their seats purchased, and their votes bought at
the expense of the publick treasure. In such a parlia
ment, let us suppose attempts made to inquire into
his conduct, or to relieve the nation from the distress
he has brought upon it ; and when lights proper for
attaining those ends are called for, not perhaps for the
information of the particular gentlemen who call for
them, but because nothing can be done in a parlia
mentary way, till these things be in a proper way laid
before parliament ; suppose these lights refused, these
reasonable requests rejected by a corrupt majority of
his creatures, whom he retains in daily pay, or engages
in his particular interest, by granting them those posts

33.6 SIR WILLIAM WYNDHAM'S SPEECH
and places, which ought never to be given to any but
for the good of the publick. Upon this scandalous
victory, let us suppose this chief minister pluming
himself in defiances, because he finds he has got a
parliament, like a packed jury, ready to acquit him
at all adventures. Let us further suppose him arrived
to that degree of insolence and arrogance, as to do
mineer over all the men of ancient families, all the
men of sense, figure, or fortune in the nation , and
as he has no virtue of his own, ridiculing it in others,
and endeavouring to destroy or corrupt it in all.
I am still not prophesying, sir ; I am only supposing;
and the case I am going to suppose I hope never will
happen ; but with such a minister and such a parlia
ment, let us suppose a prince upon the throne, either
for want of true information, or for some other rea
son, ignorant and unacquainted with the inclinations
and the interest of his people, weak, and hurried
away by unbounded ambition and insatiable avarice.
This case, sir, has never yet happened in this nation ;
I hope, I say, it will never exist ; but as it is possible
it may, could there any greater curse happen to a na
tion, than such a prince on the throne, advised, and
solely advised, by such a minister, and that minister
supported by such a parliament ? The nature of man
kind cannot be altered by human laws, the existence
of such a prince or such a minister, we cannot pre
vent by act of parliament, but the existence of such a
parliament I think we may ; and as such a parliament
is much more likely to exist, and may do more mis
chief while the septennial law remains in force, than
if it were repealed, therefore I am most heartily for
the repeal of it.

SPEECH OF SIR ROBERT* WALPOLE,
ON A MOTION TO REPEAL THE SEPTENNIAL BILL, DELIVERED
IN THE HOUSE OF COMMONS 1734, IN REPLY TO SIR WII/"
LIAM WYNDHAM.*
Sir, '
I DO assure you, I did not intend to have troubled
you in this debate ; but such incidents now generally
happen towards the end of our debates, nothing at all
relating to the subject, and gentlemen make such sup
positions, meaning some person, or perhaps, as they
say, no person now in being, and talk so much, of
wicked ministers, domineering ministers, ministers
pluming themselves in defiances, which terms,. and
such like, have been of late so much made use of in
this house, that if they really mean nobody either in
the house or out of it, yet it must be supposed they
at least mean to call upon some gentleman in this
house to make them a reply ; and therefore I hope I
may be allowed to draw a picture in my turn ; and I
may likewise say,' that I do not mean to give a de
scription of any particular person now in being.
When gentlemen talk of ministers abandoned to all
sense of virtue or honour, other gentlemen may,. I
am sure, with equal justice, and, I think, more justly,.
speak of anti-ministers and mock-patriots, who never
had either virtue or honour, but in the whole course
of their opposition are actuated only by motives of
envy, and of resentment against those who have dis
appointed them in their views, or may not perhaps
have complied with all their desires.
But now, sir, let me too suppose, and the house-
being cleared, I am sure no person that hears me can
come within the description of the person I am to
* Vide Preface to the preceding speech.-
VOL. I. X X

338 SIR ROBERT WALPOLE'S SPEECH
suppose. Let us suppose in this, or in some other
unfortunate country, an anti minister, who thinks
himself a person of so g*reat and extensive parts, and
of so many eminent qualifications, that he looks upon
himself as the only person in the kingdom capable to
conduct the publick affairs of the nation, and there
fore christening every other gentleman who has the
honour to be employed in the administration, by the
name of Blunderer. Suppose this fine gentleman
lucky enough to have gained over to his party some
persons really of fine parts, of ancient families, and
of great fortunes, and others of desperate views, ari
sing from disappointed and malicious hearts ; all these*
gentlemen, with respect to their political behaviour,
moved by him, and by him solely; all they say,
either in private or publick, being only a repetition
ofthe words he has put into their mouths, and a spit
ting out of that venom which he has infused into
them ; and yet we may suppose this leader not really
liked by any, even of those who so blindly follow
him, and hated by all the rest of mankind. We will
suppose this anti-minister to be in a country where
he really ought not to be, and where he could not
have been but by an effect of too much goodness
and mercy, yet endeavouring, with all his might and
with all his art, to destroy the fountain from whence
that mercy flowed. In that country suppose him con
tinually Contracting friendships and familiarities with
the ambassadours of those princes who at the time
happen to be most at enmity with his own ; and if at
any time it should happen to be for the interest of any
of those foreign ministers to have a secret divulged to
them, which might be highly prejudicial to his native
country, as well as to all its friends ; suppose this fo
reign minister applying to him, and he answering, I
will get it you, tell me but what you want, I will en
deavour to procure it for you : upon this he puts a
speech or two in the mouths of some of his creatures,
or some of his new converts ; what he wants is moved
for in parliament, and when so very reasonable a re
quest as this is refused, suppose him and his creatures

ON THE SEPTENNIAL BILL. 339
and tools, by his advice, spreading the alarm over the
whole nation, and crying out, gentlemen, our coun
try is at present involved in many dangerous difficul
ties, all which we would have extricated you from,
but a wicked minister and a corrupt majority refused
us the proper materials; and upon this scandalous
victory, this minister became so insolent as to plume
himself in defiances. Let us further suppose this anti-
minister to have travelled, and at every court where
he was, thinking himself the greatest minister, and
making it his trade to betray the secrets of every court
where he had before been ; void of all faith or ho
nour, and betraying every master he ever served. I
could carry my suppositions a great deal further, and
I may say I mean no person now in being ; but if we
can suppose such a one, can there be imagined a
greater disgrace to human nature than such a wretch
as this?
Now, to be serious, and to talk really to the subject
in hand. Though the question has been already so
fully and so handsomely opposed by my worthy friend
under the gallery, by the learned gentleman near me,
and by several others, that there is no great occasion
to say any thing further against it ; yet as some new
matter has been stated by some of the gentlemen
who have since that time spoke upon the other side of
the question, I hope the house will indulge me the
liberty of giving some of those reasons which induce
me to be against the motion. In general I must take
notice, that the nature of our constitution seems to be
very much mistaken by the gentlemen who have spo
ken in favour of this motion. It is certain, that ours
is a mixed government, and the perfection of our con
stitution consists in this, that the monarchical, aristo-
cratical, and democratieal forms of government are
mixed ,and interwoven in ours, so as to give us all
the advantages of each, without subjecting us to the
dangers and inconveniences of either. The demo
cratieal form of government, which is the only one I
have now occasion to take notice of, is liable to these
inconveniences, that they are generally too tedious in

340 SIR ROBERT WALPOLE'S SPEECH ,
their coming to any resolution, and seldom brisk and
expeditious enough in carrying their resolutions into
execution. That they are always wavering in their
resolutions, and never steady in any of the measures
they resolve to pursue ; and that they are often in
volved in factions, seditions, and insurrections, which
exposes them to be made the tools, if not the prey of
their neighbours. Therefore in all the regulations
we foake, with respect to our constitution, we are to
guard against running too much into that form of go-,
vernment which is properly called democratical : this
was, in my opinion, the effect of the triennial law,
and vvill again be the effect, if ever it should be re
stored. That triennial elections would make our govern*
ment too tedious in all their resolves is evident ; be-?
cause in such case, no prudent administration would
ever resolve upon any measure of consequence, till
they had felt not only the pulse ofthe parliament, but
the pulse of the people ; and the ministers of state
would always labour under this disadvantage, that as
secrets of state must not be immediately divulged,
their enemies (and enemies they will always have)
would have a handle for exposing their measures, and
rendering them disagreeable to the people, and there r
by carrying perhaps a new election against them, be
fore they could have an opportunity of justifying their
measures, by divulging those facts and circumstances
from whence the justice and the wisdom of their mear
Sures would clearly appear. i
Then it is by experience well known, that what is
called the populace of every country, are apt to be. too
much elated with success, and too much dejected
with every misfortune. This makes them wavering
in their opinions about affairs of state, and never long
of the same mind, And as this house is chosen by the
free and unbiassed voice of the people in general, if
this choice were so often renewed, we might expect,
that this house would be as wavering and as unsteady
^s the people usually are. And it being impossible to
parry pn the publick affairs of the nation without the

ON THE SEPTENNIAL BILL. • 341
concurrence of this house, the ministers would always
be obliged to comply, and consequently would be
obliged to change their measures as often as the
people changed their minds.
With septennial parliaments we are not exposed to
either of these misfortunes, because, if the ministers
after having felt the pulse of the parliament, which they
can always soon do,, resolve upon any measures, they
have generally time enough before the new election
comes on, to give the people a proper information, in
order to show them the justice and the wisdom ofthe
measures they have pursued* And if the people
should at any time be too much elated, or too much
dejected ; or should without a cause change their
minds, those at the helm of affairs have time to set
them' right, before a new election comes on.
As to faction and: sedition, I will grant, that in mo
narchical and aristocratical governments, it generally
arises fromsviolence and oppression ; but in democra-
tical governments, it always arises from the people's
having too great a share in the government. For in
all countries, and in all governments, there always
will be many factious and unquiet spirits, who can
never be at rest, either in power or out of power.
When in power they are never easy, unless every
man submits entirely to their direction ; and when
out of power, they are always working and intriguing
against those that are in, without any regard to jus
tice, or to the interest of their country. In popular
governments such men have too much game ; they
have too many opportunities for working upon and
corrupting the minds of the people, in order to give
them a bad impression of, and to raise discontents
against those that have the management of the publick
affairs for the time ; and these discontents often break
out into seditions and insurrections. This would, in my
opinion, be our misfortune, if our parliaments were
either annual or triennial. By such frequent elections,
there would be so much power thrown into the hands
of the people, as would destroy that equal mixture,
which is the beauty of our constitution. In short,

342 SIR ROBERT WALPOLE's SPEECH.
our government would really become a democratical
government, and might from thence very probably
diverge into a tyrannical. Therefore, in order to pre
serve our constitution, in order to prevent our falling
under tyranny and arbitrary power^ we ought to pre
serve that law, which I really think has brought our
constitution to a more equal mixture, and -Conse
quently to a greater perfection than it was ever in be
fore that law took place.
' As to bribery and corruption, if it were possible to
influence, by such base means, the majority of the
electors of Great Britain, to choose such men as would
probably give up their liberties ; if it were possible to
influence, by such means, a majority ofthe members
of this house to consent to the establishment of arbi
trary power, I should readily allow, that the calcula
tions made by the gentlemen of the other side were
just, and their inference true. But I am persuaded
that neither of these is possible. As the members of
this house generally are, and must always be, gentle
men of fortune and figure in their country, is it pos*
sible to suppose, that any of them could by a pension
or a post be influenced to consent to the overthrow of
our constitution, by which the enjoyment, not only
of what he got, but of what he before had, would be
rendered altogether precarious? I will allow, that with
respect to bribery, the price must be higher or lower,
generally in proportion to the virtue of the man who
is to be bribed ; but it must likewise be granted that
the humour he happens to be in at the time, and the
spirit he happens to be endowed with, adds a great
deal to his virtue. When no encroachments are made
upon the rights ofthe people, when the people do not
think themselves in any danger, there may be many
of the electors, who, by a bribe of ten guineas, might
be induced to vote for one candidate rather than ano
ther; but if the court were making any encroach
ments upon the rights of the people, a proper spirit
would, without doubt, arise in the nation, and in
such a case I am persuaded that none, or very few,

ON THE SEPTENNIAL BILL. 343
even of such electors, could be induced to vote for a
court candidate : no not for ten times the sum.
There may be some bribery and corruption in the
nation, I am afraid there will always be some. But
it is no proof of it that strangers are sometimes cho
sen ; for a gentleman may have so much natural in
fluence over a borough in his neighbourhood, as to
be able to prevail with them to choose any person he
pleases to recommend. And if upon such recom
mendation they choose one or two of his friends,
who are perhaps strangers to them, it is not from
thence to be inferred, that the two strangers were
chosen their representatives by the means of bribery
and corruption.
To insinuate that money may be issued from the
publick treasury for bribing elections, is really some
thing very extraordinary, especially in those gentle
men who know how many checks are upon every
shilling that can be issued from thence ; and hpw re
gularly the money granted in one year for the service
ofthe nation, must always be accounted for the very
next sessions in this house, and likewise in the other,
if they have a mind to call for any such account And
as to gentlemen in offices, if they have any advantage
over country gentlemen, in having something else to
depend on besides their own private fortunes, they
have likewise many disadvantages • they are obliged
to live here at London with their families, by which
they are put to a much greater expense, than gentle
men of equal fortune who live in the country. This
lays them under a very great disadvantage in support
ing their interest in the country. The country gen
tleman, by living among the electors, and purchasing
the necessaries for his family from them, keeps up an
acquaintance and correspondence with them, without
putting himself to any extraordinary charge ; whereas
a gentleman who lives in London, has no other way
of keeping up an acquaintance and correspondence
among his friends in the country, but by going down
once or twice a year, at a very extraordinary expense,
and often without any other business ; so that we may

344 SIR ROBERT WALPOLE'S SPEECH
conclude, a gentleman in office cannot, even in seven
years, save much for distributing in ready money at
the time of an election. And I really believe, if the
fact were narrowly inquired into, it would appear,
that the gentlemen in office are as little guilty of bri
bing their electors with ready money, as any other set
of gentlemen in the kingdom.
That there are ferments often raised among the
people without any just cause, is what I am surpri
sed to hear controverted, since very late experience
may convince us of the contrary. Dq not we know
what a ferment was raised in the nation towards the
latter end of the late queen's reign ? And it is well
known what a fatal change in the affairs of this nation
was introduced, or at least confirmed, by an election
coming on while the nation was in that ferment. Do
not we know what averment was raised in the nation
soon after his late majesty's accession? And if an elec
tion had then been allowed to come on while the na
tion was in that ferment, it might perhaps have had
as fatal effects as the former ; but, thank God, this
was wisely provided against by the very law which is
now wanted to be repealed.
It has, indeed, been said, that the chief motive
for enacting that law, now no longer exists. I cannot
admit that the motive they mean was the chief motive;
but even that motive is very far from having entirely
ceased. Can gentlemen imagine, that in the spirit
raised in the nation not above a twelvemonth since,
Jacobitism and disaffection to the present government
had no share ? Perhaps some who might wish well to
the present establishment did cooperate; nay, I do not
know but they were the first movers of that spirit ;
but it cannot be supposed that the spirit then raised
should have grown up to such a ferment, merely from
a proposition which was honestly and fairly laid before
the parliament, and left entirely to their determina
tion ! No, ¦ the spirit was perhaps, begun by those
who are truly friends to the illustrious family we have
now upon the throne ; but it was raised to a much
greater height than, I believe, even they designed, by

ON THE SEPTENNIAL BILL* 345
Jacobites, and such as are enemies to our present esta
blishment, who thought they never had a fairer op
portunity of bringing about what they have so long
and so unsuccessfully wished for, than that which had
been furnished them by those who first raised that
spirit. I hope the people have now in a great mea
sure conie to themselves, and therefore I doubt not
but the next elections will show, that when they are
left to judge coolly, they can distinguish between the
real and the pretended friends to the government.
But I must say, if the ferment then raised in the na
tion had not already greatly subsided, I should have
thought a new election a very dangerous experiment.
And as such ferments may hereafter often happen, I
must think that frequent elections will always be dan
gerous ; for which reason, in so far as I can see at
present, I shall, I believe, at all times think it a very
dangerous experiment to repeal the septennial bill.

vol. I. it. y

MR. SANDYS'S SPEECH,

IN THE HOUSE OF COMMONS, ON HIS MOTION TO ADDRESS HIS
MAJESTY FOR THE DISMISSAL OF SIR ROBERT WALPOLE.

-IN O one, perhaps, who has held a distinguished
rank in the councils of Britain experienced more
obloquy and persecution than Sir Robert Walpole.
It was his fate to encounter, in his long ministerial ca
reer, an opposition not less powerful in talent^ than
considerable in numbers, who arraigned his publick
conduct with a violence of censure, and assailed his
private character with a virulence of aspersion that
have scarcely a parallel in the licentiousness of poli
tical contention.
It is not difficult to account for this exasperated
hostility against him. During the period of his ad
ministration the people were pretty nearly divided into
two parties, entertaining principles of domestick as
well as foreign policy, which, from their wide and
essential difference, could not be reconciled.
Sir Robert Walpole had the support of all the
weight of regal influence, and was also deeply in
trenched in the confidence and attachment of the
friends of the protestant succession. To sap autho
rity thus strongly fortified, the opposite party seized
on the most popular grounds, and unweariedly en-
deavoured to render the administration odious by re
presenting the minister in a light the best calculated
to alarm the jealousy and to excite the apprehensions
of the nation.

348 MR. SANDYS'S SPEECH ON
In the passionate invective of his enemies, he was
exhibited to popular detestation as a desperate adven
turer battening on'the spoils ofa treasury impoverish
ed by the drains of his rapacious peculations, and who
by an uninterrupted system of criminal and corrupt
conduct had vitiated publick morality, extinguished
publick spirit, stopped the current of national pros
perity, abridged the power, and tarnished the lustre
and glory of the British name.
This is not the place, nor are we disposed to enter
at large in defence of sir Robert Walpole. It may
however be permitted to us transiently to remark that
posterity, at least the enlightened portion of it, has
already acquitted him of these foul charges, and raised
him to a high and honourable renown. The earl of
Chatham, once the bitterest of his foes, had the ho
nesty in the decline of his life to recant his former
sentiments, and publickly' to pronounce an eulogy on
the minister and the man. Edmund Burke, more
recently did the same, and with even less qualifica
tion of praise. The younger Pitt, who not impro
perly as a minister, has sometimes been compared
to him, often avowed an admiration of his talents, and
extolled the wisdom of his administration.
These commendations we have particularly selected
as proceeding not from any indulgent or overweening
partiality to the memory of sir Robert Walpole,
bUt rather as extorted by a sense of candour and truth
in the great men by whom they were bestowed,
against the settled habit of their opinions, and the
force of their early prejudices.
At the meeting of parliament in 1740, the opposition
availing themselves of the discontents which prevailed
throughout the country, determined to address the
throne for the dismissal of sir Robert Walpole, This
duty was confided to Mr. Sandys, a zealous partisan
and an eloquent debater, who accordingly in the
house of commons apprized the minister of the in
tended motion,
On receiving the intimation, which was totally un
expected, he immediately arpse, and with becoming

AN ADDRESS TO THE KING. 349
dignity and composure replied " That as he was
conscious of nO crime, he had no doubt of being able
to make a proper defence, and laying his hand on
his breast he cited the appropriate lines :
¦ " Hic mums aheneus esto,
" Nil'conscire sibi, nulUi patlescere culpa."
We insert the speeches, on this occasion, both of
Mr. Sandys and sir Robert Walpole. They will
be found instructive as documents of history, and
not barren of rhetorical pretensions. The reply of
the minister is a masterly vindication of himself. In
this light it must have been considered by the house
at the time, for the motion was negatived by a larger
than the usual majority. The general style of Wal-
pole's eloquence " is plain, perspicuous, forcible and
manly, not courting, yet, not ailways avoiding me
taphorical, ornamental, and classical allusions." But
his chief excellence as a parliamentary speaker con
sisted in quickness of apprehension, sharpness of
reply, and in the dexterity and promptitude with
which he turned the arguments of his adversaries
against themselves. By his contemporaries he is
said sometimes to have aspired to the first order of
eloquence. The speech, delivered in his defence,
we think, one of the happiest of his productions
which have descended to us. There can be no doubt
of its authenticity, having been discovered in his
own writing, among his papers.
SPEECH, Vc.
SIR, AMONG the many advantages arising from our
happy form of government, there is one which is reci
procal to king and people, which is, a legal and re
gular method by which the people may lay their grie
vances, complaints, and opinions, before their sove
reign, not only with regard to the measures he pur
sues, but also With regard to the persons he employs.
In absolute monarchies, the people may suffer, they
may complain, but though their sufferings be publick,

350 MR. SANDYS'S SPEECH ON
their complaints must be private. They must not so
much as murmur against their king's measures or mi
nisters. If they do, it is certain perdition to the few
that are guilty of so much indiscretion. This is a
most terrible misfortune to the people in all absolute
monarchies, and occasions those severe punishments
and cruel tortures, which are so frequent in all such ;
but it is a misfortune to the absolute monarch, as well
as to the people under his despotick sway ; for as he
has no way of coming at the knowledge of the unpo
pularity of his measures or ministers, he often goes on
pursuing the same measures, or employing the same
ministers, till the discontents of his people become
universal and furious ; and then, by a general insur
rection, he and his ministers are involved in one com
mon ruin. However upright his intentions may have
been, however much he may have been imposed on
by his ministers, an impetuous, domineering mob
can seldom make any difference. The despotick mo
narch himself, and sometimes his whole family, are
born down by the impetuosity of the torrent, and
become a sacrifice to the resentment of an injured po-
pulance. In this kingdom, sir, it can never be so, as long
as the king allows, parliaments to sit regularly and
freely, and the members of this house perform faith
fully the duty they owe to their king, their constitu
ents, and their country. As members of this house,
sir, we are obliged to represent to his majesty, not
only the grievances, but the sentiments of the peo
ple, with regard to the measures he pursues, and the
persons he advises with, or employs, in the executive
part of our government ; and therefore, whilst we
sit here and do our duty, no general discontent can
arise, without his majesty's being informed of its
causes, and ofthe methods for allaying it. If we ne
glect to do so, or from selfish motives abstain or de
lay giving his majesty a proper information and advice
upon any such occasion, we neglect or betray not on
ly our duty to our country and constituents^ but also
our duty to our sovereign.

AN ADDRESS TO THE KING. 351
This, sir, is my opinion; this must be the opi
nion of every man, who has a true notion of our con
stitution, and therefore I can no longer delay making
you the motion, with which I shall conclude what I
have to say upon this occasion. I believe, there is
not a gentleman of this house, who is not sensible,
that both the foreign and domestick measures of our
government, for several years past, have been dissa
tisfactory to a great majority ofthe nation* I may say
to almost every man in the nation, who has not been
concerned in advising or carrying them on. I be*-
lieve, there is not a gentleman in this house, if he wil
freely declare his sentiments, who is not sensible,
that one single person in the administration has not
only been thought to be, but has actually been the
chief, if not the sole adviser and promoter of all those
measures. This is known without doors, as well as
it is within, and therefore the discontents, the re
proaches, and even the curses of the people, are all
directed against that single person. They complain
of our present measures ; they have suffered by past
measures; they expect no redress ; they expect no
alteration or amendment, whilst he has a share in ad*-
vising or directing our future. These, sir, are the
sentiments of the people with regard to that minister.
These sentiments we are in honour and duty bound
to represent to his majesty ; and the proper method
for doing this, as established by our constitution, > is
to address his majesty to remove him from his coun
cils. Sir, if the general discontent, which hath arisen
against this minister, were but of yesterday, or with
out any just and solid foundation, I should expect it
would soon blow over, and therefore should not think
it worthy of the notice of parliament ; but it has lasted
for so many years, was at first so well founded, and
has every year since been gathering, from his con
duct, so much additional strength, that I have for
several sessions expected such a motion, as I am now
to make, from some other gentleman, more capable
than I am to enforce what he proposes ; but as no

352 MR. SANDYS'S SPEECH ON.
gentleman has hitherto attempted it, and \ as this is
the last session of this parliament, I was unwilling it
should expire without answering the people's expec
tations, which, in this respect, are so just, so well
founded, and so agreeable to oureonslitution ; there-'
fore, I hope 1 shall be excused for attempting what I
think my duty, as a member of this house, and as a
friend to our present happy establishment.
After what I have said, sir, I believe no gentleman
can mistake the person I mean. I am convinced eve
ry one supposes I mean the honourable gentleman,
' who sits upon the floor, over-against me ; and the
whole house may see, he takes it to himself. Against
him, there is, I believe, as general a popular discon
tent, as ever was against any minister in this kingdom ;
and this discontent has lasted so long, that I must say^
his having withstood it for so many years, is no great
sign ofthe freedom of our government; for a free
people neither will nor can be governed by a minister
they hate or despise. As I am orily. to propose; an
address to remove him from his majesty's councils,
I have no occasion to accuse him of any crime. The
people's being generally dissatisfied with him, and
suspicious of his conduct, is a sufficient foundation
for such an, address, and a sufficient cause for his ma
jesty's removing him from his councils ; because, no
sovereign of these kingdoms ought to employ a minis
ter, who is become disagreeable to the generality of
the people. And when any minister happens to be
come so, it is our duty to inform his majesty of it,
that he may give satisfaction to his people, by the re
moval of such a minister.
However, sir, though I shall not at present charge
this minister with any particular crime, I must beg
leave to examine a little into his conduct, in order to
show, that the discontents ofthe people are not with
out foundation ; and if it be true, what was and is
still generally supposed, it must be allowed, that the
methods, bv which he first advanced himself to the
high offices he has ever since enjoyed, were such as
could not but be offensive to every honest man in the

AN ADDRESS TO THE KING. 353
nation. The making and unmaking the famous bank
contract; ,the screening from condign punishment
those who, by their wicked and avaricious execution
of the trust reposed in them by the South Sea scheme,
had ruined many thousands. The lumping of publick
justice, and subjecting the less guilty to a punish
ment too severe, in order that the most heinous of
fenders might escape the punishment they deserved ;
and the giving up to the South Sea company the sum
of seven millions sterling, which they had obliged
themselves to pay to the publickva.great part of which
sum was given to old stockholders, and consequently
to those who had never suffered by the scheme ; were
the, steps by which he was supposed to have risen to
power, and such steps could not but raise a general
distaste at his advancement, and a dread of his admi
nistration. Thus, sir, he entered into the administration with
the general disapprobation ofthe people; and, lam
sure, his measures since have been far from restoring
him to their love or esteem. As he began, so he has
gone on, , oppressing the innocent, imposing upon
the credulous, screening the guilty, wastingthe pub
lick treasure, and endangering the liberties of the
people. All this I could evince from every step of
his administration, from the beginning to this very
day ; but I shall confine myself to some general ob
servations, and some of the most remarkable in
stances. In general I shall observe, that by his ad
vice and influence a much greater army has all along
been kept up than was necessary for the support of
our government, or consistent with our constitution,
and even that army often augmented without any real
cause : That many squadrons have been fitted out,
to the great expense of the nation, and general dis
turbance of our trade, without any just cause, and, I
believe, without so much as a design to employ them
effectually, either against our enemies, or for the as
sistance of our allies : That every method proposed
of late years for securing our constitution against its
most dangerous enemy, corruption, has been by his
vol i. z z

354 MR, SANDYS'S SPEECH ON
means rejected, or rendered ineffectual ; whilst on
the other hand, many penal laws have been passed, '
which have reduced a great number of his majesty's
subjects under the arbitrary power ofa minister and
his creatures: That almost every article of publick
expense has been increased by the addition of new
and useless officers ; and all inquiries into the manage
ment of any publick money, either prevented or de
feated : That votes of credit at the end of a session of
parliament, which have always been thought of dan
gerous consequence to our constitution, have by him
been made so frequent, that few sessions have passed
without one. That the expense of the civil list has
been vastly increased since the beginning of his ad
ministration, though" it was theh much greater than
it had ever amounted to in former, times. To these,
sir, which are all of a domestick nature, I shall add,
vrith regard to our foreign affairs, that ever since his
advice began to be prevalent in our foreign affairs,
the trade and particular interest of this nation have
in all treaties and negotiations been neglected, the
confidence of our most natural allies disregarded, and
the favour of our most dangerous enemies courted ;
and that to this most unaccountable conduct, the
present melancholy situation of the affairs of EhrOpe
is principally to be ascribed. '*¦*
I know, sir, it will be objected, that as every ma
terial step in the late conduct pf our publick affairs*.
either at home or abroad, has been authorized or ap
proved of by parliament, what I have said, must be
looked on as a general charge against his majesty's
councils and our parliaments, rather than as a person
al charge against any one minister. But this upon a
due consideration becomes the most heavy, and the
most evident charge against the minister 1 aim at.
According to our constitution, we can have no sole and
prime minister. We ought always to have several
prime ministers or officers' of state, Every such of
ficer has his own proper department 5 and no officer
ought to meddle in the afiairs belonging to the depart- '
ment of another. But it is publickly known, tha^

AN AhDRESS TO THE KING. 555
this minister having obtained a sole influence over all
our publick councils, has not only assumed the sole
direction of all publick affairs, bht has got every of-
fficer of state removed that would not follow his direc
tion, even in the affairs belonging to his own proper
department. By this means he has monopolized all
the favours of the crown, and engrossed the sole dis
posal of all places, pensions, titles, and ribbons, as
well as of all preferments, civil, military or ecclesi
astical. This, sir, is of itself a most heinous offence against
our constitution ; but he has greatly aggravated the
heinousness of this crime ; for having thus monopo
lized all the favours ofthe crowh, he has made a blind
submission to his direction at elections and in parlia
ment, the only ground to hope for any honours or
preferments, and the only tenure by which any gen^
tleman could preserve what he had. This is so noto
riously known, that it can stand in need of no proof.
Have not many deserving gentlemen been disap
pointed in the preferment they had a just title to, upon
the bare suspicion of not being blindly devoted to his
personal interest? Have not some persons ofthe high
est rank and most illustrious characters been displaced
for no other reason than because they disdained to
sacrifice their honour and conscience to his direction
in parliament ? As no crime, no neglect, nO misbe
haviour could ever be objected to them, as no other
reason could ever be assigned for depriving the crown
of their service, this only could be the* reason,. Nay,
has not this minister himself not only confessed it,
but boasted of it? Has he not said, and in this house
too, that he would be a pitiful fellow of a minister
who did not displace any officer that opposed his mea
sures in parliament ?
Can any gentleman who heard this declaration de^
sire a proof of the minister's misconduct, or of his
crimes ? Was not this openly avowing one of the
most heinous crimes that can be committed by a mi
nister in this kingdom ? Was it not avowing that he

356 MR. SANDYS'S SPEECH ON
had made use of the favours of the crown for obtain
ing a corrupt majority in both houses of parliament,
apd keeping that majority in a slavish dependance
upon himself alone ? Do not we all know, that
even the king himself is not, by our constitution, to
take notice of any man's behaviour in parliament ; far
less to make that behaviour a means by which he is
to obtain, or a tenure by which he is to hold, the fa
vour of the crown ? And shall we allow a minister
not only to do, but openly to avow, what he ought
to be hanged for, should he advise his sovereign to
do? It is by means of this crime, sir, that the mi
nister I am speaking of has obtained the authority or
approbation of parliament in every step of his con
duct, and therefore that authority or approbation is
so far from being an alleviation, that it is a most heavy
aggravation of every wrong step which he has thus
got authorized or approved of by parliament. For
this reason, in considering any particular step of his
conduct, its being authorized or approved by parlia
ment, can have no weight in his favour, whatever it
fnay have against him. If the step was in itself weak
or wicked, or if it now appears from its consequences
to have been so, its having been approved of, or au
thorized by parliament, must be supposed to have
proceeded either from his having misled the parlia
ment by false glosses and asseverations, or from his
having overawed a majority by means of that crime
which he has since openly avowed.
Having thus obviated an objection that may be
made against any particular accusation, as well as
against the general accusations I have already men
tioned, I shall just hint at some of the particular
branches of misconduct he has been guilty of in the
long course of his administration; and among these
the small progress we have made in the discharge of
our publick debt most justly deserves the first place.
It is really surprising, that the national debt should
now be as much, if not more than it was in the year
1725, when our minister first took it into his head

AN ADDRESS TQoTHE KING. 357
to pull down the overgrown power ofthe house of
Austria. In the year 1716, the publick debt was
computedto amount to no more than 47,894,9501*
but by some articles then omitted, and by many ex
traordinary allowances afterwards made, especially
those relating to army debentures, in which this
gentleman had a very remarkable share, the pub
lick debt as it then stood was made to amount to
51,000,0001. Of this sum there was, in or before
the year 1725, paid off about 5,000,0001. which re
duced it to 46,000,0001. and as the sinking fund was
to receive a great addition in the year 1727, by the
reduction of interest, we had a prospect of having a
great part of our publick debts paid off in a few
years, especially as the tranquillity of Europe, or at
least of this nation, seemed to be established by the
treaty concluded that year at Vienna, between the
emperour and the king of Spain. But our minister
was, it seems, sensible of the power and influence he
acquired by means of this load of debt, and by the
many taxes imposed for the payment of it. He knew
that these taxes, while they continue, must always
make a great number of officers^ and placemen ne
cessary, and as he had the placing, preferring, and
displacing of all these officers at his arbitrary will and
pleasure, he knew what weight this gave to his in
fluence, both at elections and in parliament. For this
reason, he has employed all his art to prevent our
being able to pay off any part of our old debt, or if
we paid off with one hand, he has taken care jto make
us contract as much with the other ; so that the na
tional debt is now much about the same, or rather
more than it was in the year 1725, though the nation
has never, in all that time, been involved in any
extraordinary expense, but what has been unnecessa
rily brought upon it by his art or misconduct.
I say, sir, his art or misconduct, either of which
is certainly a most sufficient cause to remove him from
his majesty's councils ; but I am apt to believe, there
was something of art or design, as well as miscon
duct in it; for he really seems to have been afraid of

358 MR. SANDJTS'S SPEECH ON
having our debts diminished, for fear ofthe conse
quence, which must have been that of abolishing
some of our most burtbensome and pernicious taxes ;
otherwise it was impossible he could have taken so
much pains as he did, to defeat a scheme offered a
few years since by a worthy member of this house,*
for reducing the interest payable upon the national
debt, and for putting the whole upon a certain footing
of being discharged in a course of years, without its
being in the power of any such minister as he to
prevent it. To find fault with the defeating of this
scheme, may likewise be said to be an accusation
brought against this very parliament ; but it is well
known by whom; and by whose influence it was de
feated. I am pretty sure, it is the general opinion
without doors, that it was not by the influence of
argument ; but if the defeat was owing to that in
fluence, as I hope it was, I am convinced, that most
of those who were swayed by that influence, are now
sensible of their errour, and heartily wish they had
considered better of it : for I am afraid, we shall
never again meet with so favourable an opportunity.
But, sir, the next step of misconduct I shall take
notice of is of a different nature ; it is a step that
happened not to meet with the approbation of parlia
ment, though I do not question its having been sup
ported and enforced by all the methods usual, of late
years, in such cases. I make no doubt but that
every one, who possessed or hoped for any place
or office under the crown, were threatened with a
disappointment to their hopes, or the loss of the
places they possessed, if they voted against it ; and
my reason for not doubting of this is, because several
noblemen and gentlemen were the very next year
turned out of every place the crown could take from
them, for no other apparent reason, but because they
or their friends voted against that ministerial project ;
and so fat as I can recollect, I do not remember, that
any one who voted against it, has ever since ob-
* Sir John Barnard.

AN ADDRESS TO THE KING. 359
tained a favour from the crown, unless it be such, as
have by their conduct since, shown that they heartily
repented of their stubbornness at that time. I be
lieve, every one that hears me will suppose, I mean
the excise scheme, which was certainly one ofthe
Weakest, or one of the wickedest projects that was
ever set on foot, or countenanced, by any minister
in this kingdom. If our minister Was sensible ofthe
great power that scheme would have placed in' the
hands of a minister, and had really formed a design
to overturn by that means the liberties of the people,
he ought to be not only removed, but punished for
his wickedness ; and if he was not sensible of the
danger that would accrue from that scheme to our
constitution, if he had really no view, but the pre
carious hope of thereby making a little addjtion to
the publick revenue, particularly the civil list, I must
say, his weakness was amazing ; for it showed, that]
he neither understood the genius of our constitution,
nor the genius of our people. If he had understood
the genius of our constitution, he could not but be
sensible of the destructive effects that scheme must
necessarily have had upon it : if he had understood
the genius of our people, it is impossible to suppose,
he would have advised his majesty to have forfeited
the afiections of the whole people, for the sake of
making an uncertain, and at best, but a trifling ad
dition to the publick, or the civil list, revenue.
Thus, sir, if he had never been guilty of any other
crime or oversight, for this project alone he deserves
at least to be removed from his majesty's councils ;
and the resentment he showed against those, *who
voted against this his favourite scheme, is a proof of
what he now publickly avows, that he has made use
of, that he will make use of the favours ofthe crown,
for obtaining a corrupt majority in both houses of
parliament. What happened upon this occasion, is
an evident demonstration, that he has by such means
already got, in a great measure, the nomination of
the sixteen peers to represent the peerage of Scotland
in the other house of parliament. We may remem-

360 MR. SANDYS'S SPEECH ON
ber, that seven or eight of the sixteen, who then sat
in the other house, declared openly against this
scheme, and prevailed with most of their friends in
this, to vote against it. What was the consequence ?,
Every one of them, though they had great personal
interest among the peers of Scqtland,: were,, at the
next election, excluded by this ministers interest
from being rechosen ; and every one . of them that
enjoyed any post during the pleasure of the crown,
had the honour to be dismissed his majesty's service;
I say, the honour, because, in such a case, I think
it is the greatest honour the crown can bestow.
It would be endless, sir, to recount, every false
step this minister has made in the conduct of our do
mestick affairs, and therefore I shall mention only one
more, which is the seeming approbation he procured,
but two years ago, from parliament, of that conven
tion which he had just before concluded with Spain.
As the convention itself relates to our foreign affairs,
I shall not hpre enter into the merits of it. I shall
here consider only the method he took to obtain a
seeming approbation of it from parliament, which
was by the strongest asseverations, that the Spanish
court was sensible of its having been in the wrong
to this nation, that its agreeing to pay 200^0001. as
he reckoned it, to us in name of damages, was an
acknowledgment of its having been in the wrong ;
and that his catholick majesty and his ministers were
strongly and sincerely inclined to do us justice, with
regard to the future security of our trade and naviga
tion in the American seas ; from whence he concluded
that|hough we had not got all we might expect by
die convention, which was but a preliminary treaty,
yet it was a good foundation to build on, and might
probably, if the house agreed to the address then
moved for, produce a solid and lasting peace ; where
as, if the address should be disagreed to, the imme
diate consequence would be a war with Spain.
I may appeal, sir, almost to every gentleman that
hears me, if this was not the strength of the argu
ment in favour pf that address. I may appeal to

AN ADDRESS TO THE KING.' 361
many that voted for it, if their depending upon the
truth of these asseverations was not the only reason
for their agreeing to so much as a seeming approba
tion of that infamous convention ; but from the con
sequences, and likewise from the papers, imperfect
as they are, laid before us, it now appears, that there
was not the least ground for any of these assevera
tions. It appears, that Spain insisted upon having
our navigation in the American seas regulated, that
is to say, they insisted it should not be free. That
Spain insisted upon our South Sea company's payia'g
them a most unjust demand of 68,0001. which re
duced the sum they were to pay us by the conven
tion, to 27,0001. and this was not near the value of
the ships they had before acknowledged to have been
unjustly taken from us, and had actually despatched
orders to the West Indies for their restitution, as ap
pears upon the face of the convention itself; so that
their agreeing to pay this sum was far from being
even a tacit acknowledgment of their having no right
to stop and search our ships upon the high seas, and
to seize and confiscate them, if they had any of those
goods on board, which the Spaniards are pleased to
call contraband. It was only an acknowledgment,
that some of our ships had been, even upon this
footing, unjustly seized, which the Spanish court had
expressly acknowledged, long before the convention
was thought of. These, sir, were the terms the
Spaniards insisted on ; and they further insisted, as
now plainly appears, that we should keep no squadron
at Gibraltar or Port Mahon, notwithstanding their
being now a part of the British dominions ; from
whence they would, I suppose, have taken occasion
in a short time to insist, against us at least, that they
had a dominion over the Mediterranean, as well as
the American seas, and that our ships should not sail
in the former no more than in the latter, but by their
leave, and according to such directions, or, if you
please, regulations, as they should prescribe.
These, I say, sir, were the terms of peace the
Spaniards insisted on. > Unless we should agree to
vol. r. 3 v

362 . MR.SANDYS'S SPEECH ON
these hard and dishonourable terms, the Spanish
court never showed the least inclination to live in
peace with us, as appears from the whole tenour of
our negotiations previous to the convention. Can
we suppose, that our prime and sole minister was
ignorant of this ? Can we suppose, that he believed
or imagined, that a safe and honourable peace could
be concluded with Spain upon the footing of the con
vention, or upon any other footing, whilst they con
tinued to insist upon such conditions ? What then
can we think of the argument he made use of for ob
taining from parliament a sort of approbation of his
convention? Must not we conclude, that for this
purpose he asserted what he knew to be false ? And
shall we suffer a man to sit, and to bear the chief
sway in the councils of our sovereign, who, in order
to impose a dishonourable treaty upon his king and
country, asserted in open parliament what he knew to
be absolutely false ?
I shall now beg leave, sir, to take notice of some
of the most remarkable errours, if not crimes, in our
minister's conduct, with regard to foreign affairs.
Here too his administration began with a measure
that could not but be disagreeable to the people, be
cause it was dishonourable to the nation. It began
with a treaty of peace with Spain, by which we
agreed to restore the ships we had taken from that na
tion in an open and just war ; and with a negotiation,
1 shall not say an engagement, to restore Gibraltar
and Port Mahon, without stipulating any thing for
the advantage of this nation, or obtaining an explana-
tion of those treaties, which even then had begun to
"be misrepresented on the part of Spain. Soon after
this, he entered into that close friendship and corres
pondence with the court of France, which, to the
infinite disadvantage of this nation, has continued ever
since, and which has now at last brought the balance
of power into the utmost danger, if not to inevitable
ruin. But the most remarkable and the most perni
cious of all his pernicious measures was, the conceit
he took into his head in the year 1725, that the house

* AN ADDRESS TO THE KING. 363
of Austria was grown too powerful, and Ought there
fore to be pulled down. This conceit, whether his
own, or of French original, made him infuse into his
late majesty those frightful notions of the dangerous
but impracticable engagements, which' the emperour
and Spain had entered into, by the treaty concluded
between them at Vienna.ih that year ; and this pro
duced the treaty of Hanover, which loaded this na
tion with the expense of several useless squadrons, a
great addition of useless regular troops, and which
was the most useless of all, a great body of Hessian
troops for several years, and large subsidies to foreign
princes, whilst bur allies the French, who had cer
tainly more to fear than we had, from that conjunction
between the courts of Vienna and Madrid, neither
put themselves to any expense, nOr picked any quar-i
rels either with Spain or the emperour ; but pursued
their trade in safety, during the time that our trade
to Spain was intirely stopt,* and our trade to every
other part of the world interrupted by Spanish priva
teers, fitted out and manned by French' subjects.
I need not mention particularly the several negotia
tions, preliminaries, pacifications, Conventions arid
treaties, which this treaty of* Hanover gave birth 'to :
for every negotiation we have carried On, and; every
treaty we have concluded since that time, may besiid
to proceed from that original ;! and every one of them
may justly be called a true copy Ofthe original. They
have been a perfect series of blunders, and, like a
nest of pill boxes from Germany j seem to be enclosed
in one another, with nothing but" emptiness in any bf
them ; for I defy any man to show me one advantage
this nation has reaped from any treaty we have nego
tiated for twenty years past. From the last Wsfeaty,
indeed, I mean the convention,- it may be said,- we
have reaped some advantage, because it forced Us
into a war, which is certainly more eligible than the
destructive and dishonourable method of negotiation
we had for so many years before been involved in ;
and this war might have been attended with a real ad
vantage, if our minister had thought fit to push it,

364 MR. SANDYS'S SPEECH ON
either with vigour or common discretion ; but in the
prosecution ofthe war he has acted j if possible, more
weakly or more wickedly, than he did in time of
peace. In time of peace he made us become the
scoff of the nations around us, by the tediousness
and the perplexity of his negotiations. In time of
war, he has made us an object of scorn to our ene
mies, and an object of pity to our friends, by the
vastness of his preparations and the pusillanimity of
his actions. Our trade has been both oppressed and
neglected, for the sake of fitting out mighty squadrons,
and our squadrons have been sent out, either with
orders to do nothing, or without materials proper for
doing any thing. By this conduct, sir, our enemies
have been enriched with; our Spoils, and our own peo
ple oppressed with armies, which either should not
have been raised, or should have been sent out to vin
dicate the hpnour of their country. Shall we in this
house sit still, and see the councils of our sovereign
directed by a- minister, who has thus, both in peace
and war, exposed our country. to scorn and derision ?
^1 beg pardon, sir, for taking up: so much of your
time : but the subject is so copious, that it is difficult
to pick out those facts that are most proper to be men
tioned ; and.every part of his Jong administration is
full pf such oppressive and dangerous schemes, or
sucfy unaccountable blunders, that it is not easy for
one jwhphas^ a true regard for his king and country,
to pass any of theni over in silence. , I have men
tioned ,, but a few.. What I have mentioned will show
that the discontents, pf the, people are far from being
groundless.; but suppose they were, they would ne
vertheless be a sufficient foundation for, the address I
am to propose ; for no man who has been so unfortu
nate, as to incur the publick hatred, ought to have any
share in his majesty's confidence or councils. If his
majesty were sensible of it, I am sure, he has such a
regard, for the . affections of his people, that he would
not allow such a man to approach his person or palace;
and as it is our- duty to inform his majestyi how de-

AN ADDRESS TO THE KING. 365
testable this minister is to the majority of his people,
we ought to take the proper way for giving our sove
reign this information, which is by addressing him
to remove such a minister from his councils.
But further, sir, suppose this minister had never
been guilty of any crime, errour, or oversight in
his publick conduct ; suppose the people had all along
been perfectly pleased with his administration, yet the
very length of it is, in a free country, sufficient cause
for removing him. It is a most dangerous thing in a
free government, to allow airy man to continue too
long in the possession of great power. Most com
monwealths have been overturned by this very over
sight; and in this country, we know how difficult it
has often proved, for our parliament to draw an old
favourite from behind the throne, even when he has
been guilty of the most heinous crimes. I wish this
may not be our case at present ; for though I shall
not say, nor have I at present any occasion for show
ing that the favourite I am now complaining of has
been guilty of heinous crimes, yet I will say, that
there is a very general suspicion against him, that this
suspicion is justified by the present situation of our
affairs both at home and abroad, and that it is ridicu
lous to expect, that any proper discovery should be
made, as longashe is in possession of all the proofs,
and has the distribution of all the penalties the crown
can inflict, as well as of all the favours the crown can
bestow. Remove him from the king's councils and
presence ; remove him from those high offices and
power he is now possessed of, if he has been guilty
of any crimes, the proofs may then be come at, and
the witnesses against him will not be afraid to appear.
Till you do this, it is impossible to determine, whe
ther he is guilty or innocent ; and, considering the
universal clamour against him, it is high time to re
duce him to such a condition, as that he may be
brought to a fair, an impartial, and a strict account.
If he were conscious of his being entirely innocent,
and had a due regard to the security and glory of his
master and sovereign, he would have chosen to have

366 SIR ROBERT WALPOLE'S SPEECH ON
put himself into this condition long' before this time :
Since he hast not thought fit to dp so, it is our duty to
endeavour to do it for him ; and therefore I shall con
clude with moving, that an humble address be pre*
sented to his majesty, that he would be graciously
pleased to remove the right honourable Sir Robert
Walpole, Knight ofthe most noble order ofthe gar
ter, first commissioner for executing the office of trea
surer of the exchequer, chancellor and Underrtreasu-
rer of the exchequer, and one of his majesty's most
honourable privy council, from his majesty's presence
and councils for ever,"

SIR ROBERT WALPOLE'S SPEECH IN
REPLY.
MR. SPEAKER, : , ,. , ; v>1
IT has been ;observed by several gentlemen, in
vindication of this motion, that if it should be carried,
neither my life, liberty, or estate will be affected. But
do the honourable gentlemen; consider my character
and reputation as of no moment? Is it no imputation
to be arraigned before this house, in which I have sat
forty years, and to have my name transmitted to pos
terity with disgrace and infamy ? I will not conceal
my sentiments, that to be named in parliament as a
subject of inquiry, is to me a matter of great con
cern ; but I have the satisfaction at the same time to
reflect, that the impression to be made depends upon
the consistency of the charge and the motives of the
prosecutors. Had the charge been reduced to speci
fick allegations, I should have felt myself called upon
for a specifick defence. Had I served a weak or wicked
master, and implicitly obeyed his dictates, obedience
to his commands must have been my only justifica-

AN ADDRESS TO THE KING. 367
tion. But as it has been my good fortune to serve a
master, who wants no bad ministers, and would have
hearkdrfed to none, my defence must rest on my dWn
conduct. The consciousness of innocence is also
sufficient support against my present prosecutors. A
further justification is also derived from a considera
tion ofthe views and abilities ofthe prosecutors. Had
I been guilty of great enormities, they want neither
zeal and inclination to bring them forward, nor abili
ty to place them in the most prominent point of view.
But as I am conscious of no crime, my own experi
ence convinces me, that none can be justly imputed.
I must therefore ask the gentlemen, from whence
does this attack proceed ? From the passions and pre
judices of the parties combined against me, who may
be divided into three classes, the Boys, the riper Pa
triots, and the Tories. The Tories I can easily for
give, they have unwillingly come into the measure,
and they do me honour in thinking it necessary to re
move me, as their only obstacle. What is the infe
rence to be drawn from these premises ? that demerit
with them ought to be considered as merit with
others. But my great and principal crime is my long
continuance in office, or, in other words, the long
exclusion of those who now complain against me.
This is the heinous offence which exceeds all others.
I keep from them the possession of that power, those
honours and those emoluments, to which they so ar
dently and pertinaciously aspire. I will not attempt
to deny the reasonableness and necessity of a party
war; but in carrying on that war, all principles
and rules of justice should not be departed from.
The tories must confess, that the most obnoxious
persons have felt few instances of extrajudicial power.
Wherever they have been arraigned, a plain charge
has been exhibited against them. They have had an
impartial trial; and have been permitted to make their
defence ; and will they, who have experienced this
fair and equitable mode of proceeding, act in direct
opposition to every principle of justice, and establish
this fatal precedent of parliamentary inquisition? and

¦J
"368 SIR ROBERT WALPOLE'S SPEECH ON
whom would they conciliate by a conduct so contrary
to principle and precedent?
Can it be fitting in them, whohave divided>ihe pub
lick opinion of the nation, to share it with those who t
now appear as their competitors? With the men of
yesterday, the boys in politicks, who would be abso
lutely contemptible did not their audacity render them
detestable? With the mock patriots, whose practice
and professions prove their selfishness and malignity,
whO threatened to pursue me to destruction, and who
have never for a moment lost sight of their object?
These men, under the name of Separatists, presume
to call themselves, exclusively, the nation and the
people, and under -that character, assume all power.
In their estimation, the king, lords, and commons are
a faction, and they'are the government. Upon these
principles they threaten the destruction of all autho
rity, and think they have a right to judge, direct, and
resist, all legal magistrates. They withdraw from
parliament because they succeed in nothing, and then
attribute their want of success not to its true cause,
their own want of integrity and importance, but to
the effect of places, pensions, and corruption. May
it not be asked, Are the people on the court side
more united than on the other ? Are not the Tories,
Jacobites, and Patriots equally determined? What
makes this strict union ? What cements this hetero
geneous mass? Party engagements and personal at
tachments. However different their views and prin
ciples, they all agree in opposition. The Jacobites
distress the government they would subvert ; the
tories contend for party prevalance and power. The
patriots, for discontent and disappointment, would
change the ministry, that themselves might exclusive
ly succeed. They have laboured this point twenty
years unsuccessfully ; they are impatient of longer
delay. They clamour for change of measures, but
mean only change of ministers.
In party contests, why should not both sides be
equally steady ? Does not a whig administration as
well deserve the support of the whigs as the contrary ?

AN AfcDRESS tO THE KiNCi 869"
Why is not principle the cement in one as well as the
Other, especially when they confess, that all is level*
led against one man ? Why this One man ? Becau||
they think, vainly, nobody else could withstand them;
All others are tfeated as topis and vassals. The one is
the Corrupter ; the numbers corrupted. But whence
this cry of corruption, and exclusive claim of honour
able distinction ? Compare the estates, characters,
and fortunes of the commons on one side, With those
on the Other. Let the matter be fairly investigated.
Survey and examine the individuals who Usually sup.
port the measures Of government, and those who are
in opposition. Let us see to whose side the balance
preponderates. Look round both houses, and see to
which side the balance of virtue and talents prepon
derates ! Are all these on one side, and not on the
Other ? Or are all these to be counterbalanced by an
affected claim to the exclusive title of patriotism.
Gentlemen have talked a great deal of patriotism. A
Venerable word, when duly practised. But I am sor
ry to say, that of late it has been so much hackneyed
about, that it is in danger of falling into disgrace. The
very idea of true patriotism is lost; and the term has
been prostituted to the very worst of purposes. A pa
triot, sir !-^Why patriots spring up like mushrooms !
I could raise fifty of them within the four and twenty
hours. I have raised many of them in one night. It
is but refusing to gratify an unreasonable or an inso
lent demand, and up starts a patriot. I have never
been afraid of making patriots ; but I disdain and
despise all their efforts. But this pretended virtue
proceeds from personal malice, and from disappointed
ambition. There is not a man amongst them whose
particular aim I am not able to ascertain, and from
what motive they have entered into the lists of oppo
sition. I shall now consider the articles of accusation which
they have brought against me, and which they have
not thought fit to reduce to specifick charges ; and I
shall consider these in the same order as that in which
they were placed by the honourable member who
vol. i. 3 b

370 SIR ROBERT WALpOLE'S SPEECH ON
made the motion. First, in regard to foreign affairs ;
secondly, to domestick affairs ; and, thirdly, to the
conduct of the war.
* As to foreign affairs, I must take notice of the
uncandid manner in which the gentlemen on the other
side have managed the question, by blending nume
rous treaties and complicated negotiations into one
general mass.
To form a fair and candid judgment of the subject,
it becomes necessary not to consider the treaties mere
ly insulated ; but to advert to the time in which they
were made, to the circumstances and situation of.
Europe when they were made, to the peculiar situa
tion in which I stand, and to the power which I pos
sessed. I am called repeatedly and insidiously prime
and sole minister. Admitting, however, for the
sake of argument, that I am prime and sole minister
in this country ; am' I, therefore, prime and sole mi
nister of all Europe ? Am I answerable for the conduct
of other countries as well as for that of my own ? Many
words are not wanting to show, that the particular
view of each court occasioned the dangers which af
fected the publick tranquillity ; yet the whole is char
ged to my account. Nor is this sufficient. Whatever
was the conduct of England, I am equally arraigned.
If we maintained ourselves in peace, and took no
share in foreign transactions, we are reproached for
tameness and pusillanimity. If, on the contrary, we
interfered in these disputes, we are called.Don Quix
otes, and dhpes to all the world. If we contracted
guarantees, it was asked, why is the nation wantonly '
burthened ? If guarantees were declined, we were re
proached with having no allies.
I have, however, sir, this advantage, that all the
objections now alleged against the conduct of the ad
ministration to which I have the honour to belong,
have already been answered to the satisfaction of a
majority of both houses of parliament, and I believe to
the satisfaction ofa majority ofthe better sort of people
in the nation. I need therefore only repeat a few of
these answers that have been made already, which I

AN ADDRESS TO THE KING. 371
shall do in the order of time in which the several
transactions happened, and consequently must begin
with our refusing to accept of the sole mediation of
fered us by Spain, on the breach between that court
and the court of France, occasioned by the dismission
ofthe infanta of Spain.*
I hope it will not be said we had any reason to
quarrel with France upon that account; and there
fore, if our accepting of that mediation might have
produced a rupture with France, it was not our duty
to interfere, unless we had something very bene
ficial to expect from the acceptance. A reconciliation
between the courts of Vienna and Madrid, it is true,'-
was desirable to all Europe, as well as to us, provi- '
ded it had been brought about without any design to
disturb our tranquillity, or the tranquillity of Europe ;
but both parties were then so high in their demands,
that we could hope for no success ; and if the nego
tiation had ended without effect, we might have ex
pected the common fate of arbitrators, the disobliging
of both. Therefore^, as it was our interest to keep
Well with both, I must still think it was the most
prudent part we could act, to refuse the offered me
diation. The next step of our foreign conduct, exposed to
reprehension, is the treaty of Hanover. Sir, if I were
to give the true history of that treaty, which no gen
tleman can desire, I should, I am sure I could, fully
justify my own conduct ; but as I do not desire to
justify my own, without justifying his late majesty's
conduct, I must observe, that his late majesty had
such information, as convinced not only him, but
those of his council, both at home and abroad, that
some dangerous designs had been formed between
the emperour and Spain, at the time of their conclu
ding the treaty at Vienna, in May 1725. Designs,
sir, which were dangerous not only to the liberties
of this nation, but to the liberties of Europe. They
* Alludes to the intended njarriage between the king of
France and the infanta of Spain.

372 SIR ROBERT v/alpole's speech on
were not only to wrest Gibraltar and Port Mahon
from this nation, and force the Pretender upon us,
bpt they were to haye Don Carlos married to the em-
perour's eldest daughter, who would thereby have had
a probability of uniting in his person, or in the person
of some of his successours, the crowns of France and
Spain, with the impartial dignity, and the Austrian
dominions. It was therefore highly reasonable, both,
in France and us, to take the alarm at such designs,
and to think betimes of preventing their being carried
into execution. But with regard to us, it was more
particularly our business to take the alarm, because
we were to have been immediately attacked. I shall
grant, sir, it would have been very difficult, if not
impossible, for Spain and the emperour joined toge
ther to have invaded, or made themselves masters of
^ny ofthe British dominions ; but will it be said, they
might not have invaded the king's dominions in Ger
many, in order to force him to a compliance with what
they desired of him, as king of Great Britain ? And
if those dominions had been invaded on account ofa
quarrel with this nation, should we not have been
obliged, both in honour and interest, to defend them?
When we were thus threatened, it was therefore ab
solutely necessary for us to make an alliance with
France ; and that we might not trust too much to
'their assistance, it was likewise necessary to form alli
ances with the northern powers, and with some of the
princes in Germany, which we never did, nor ever
could do, without granting them immediate subsidies,
These measures were therefore, I still think, not
only prudent but necessary, and by these measures
we made it much more dangerous for the emperour
and Spain to attack us, than it would otherwise have
been. But still, sir, though by these alliances we put
ourselves upon an equal footing with our enemies, in
case of an attack, yet, in order to preserve the tran
quillity of Europe, as well as our own, there was
something else to be done. We knew that war could
not be begun and carried on without money; we

AN ADDRESS TO THE KING. 373
knew that the emperour had no money for that pur-
pose, without receiving large remittances from Spain ;
and we knew that Spain could make no such remit
tances without receiving large returns of treasure from
the West Indies. The only way, therefore, to ren
der these two powers incapable of disturbing the tran
quillity of Europe, was by sending a squadron to the
West Indies, to stop the return of the Spanish gal
leons ; and this made it necessary, at the same time,
to send a squadron to the Mediterranean, for the se
curity of our valuable possessions in that part of the
world. By these measures the emperour saw the
impossibility of attacking us in any part ofthe world,
because Spain could give him no assistance, either in
money or troops ; and the attack made by the Spa
niards upon Gibraltar was so feeble, that we had, no
occasion to call upon our allies for assistance. A small
squadron of our own prevented their attacking it by
sea ; and from their attack by land, we had nothing
to fear. They might have knocked their brains out
against inaccessible rocks, to this very day, without
bringing that fortress into any danger.
I do not pretend, sir, to be a great master of foreign
affairs. In that post in which I have the honour to
serve his majesty, it is not my business to interfere ;
and as one of his majesty's council, I have but one
voice : but if I had been the sole adviser ofthe treaty
of Hanover, and of all the measures which were taken
in pursuance of it, from what I have said I hope it
will appear, that I do not deserve to be censured,
either as a weak or a wicked minister on that account.
The next measures which incurred censure were
the guarantee ofthe pragmatick sanction by the second
treaty of Vienna, and the refusal ofthe cabinet to as
sist the house of Austria, in conformity with the ar
ticles of that guarantee.
As to the guarantee of the pragmatick sanction,
I am really surprised to find that measure object
ed to. It was so universally approved Of, both
within doors and without, that till this very day I think
no fault was ever found with it, unless it was that of

374 SIR ROBERT WALPOLE'S SPEECH ON
being too long delayed. If it was so necessary for sup
porting the balance ofpower in Europe, as has been in
sisted on in this debate, to preserve entire the dominions
ofthe house of Austria, surely it was not our business
to insist upon a partition of them in favour of any of
the princes ofthe empire. But if we had, could we
have expected that the house of Austria would have
agreed to any such partition, even for the acquisition
of our guarantee ? The king of Prussia had, it is
true, a claim upon some lordships in Silesia ; but that
claim was absolutely denied by the court of Vienna,
and was not at that time so much insisted on by the
late king of Prussia. Nay, if he had lived till this
time, I believe it would not now have been insisted
on ; for he acceded to that guarantee without any reser
vation of that claim; therefore, I must look upon
this as an objection, which has since arisen from an
accident, that could not then be foreseen, or provided
against. I must therefore think, sir, that our guarantee of
the pragmatick sanction, or our manner of doing it,
cannot now be objected to, nor any person censured
by parliament for advising that measure. In regard
to the refusal of the cabinet to assist the house of
Austria, though it was prudent and right in us to en
ter into that guarantee, we were not therefore, obliged
to enter into every broil the house of Austria might
afterwards lead themselves into ; and therefore, we
were not in honour obliged to take any share in the
war which the emperour brought upon himself in the
year 1733, nor were we in interest obliged to take a
share in that war, as long as neither side attempted
to push their conquests further than was consistent
with the balance of power in Europe, which was a
case that did not happen. For the power of the house
of Austria was not diminished by the event of that
war, because they got Tuscany, Parma, and Pla-
centia, in lieu of Naples and Sicily ; nor was the
power of France much increased, because Loraine
was a province she had taken and kept possession of,
during every war in which she had been engaged.

AN ADDRESS TO THE KING. 375
As to the disputes with Spain, they had not then
reached such a height, as to make it necessary for us
to come to an open rupture. We had then reason to
hope, that all differences would be accommodated in
an amicable manner ; and whilst we have any such
hopes, it can never be prudent for us to engage our
selves in war, especially with Spain, where we have
always had a very beneficial commerce. These
hopes, it is true, sir, at last proved abortive ; but I
never heard it was a crime to hope for the best. This
sort of hope was the cause of the late Convention. If
Spain had performed her part of that preliminary
treaty, I am sure it would not have been wrong in
us, to have hoped for a friendly accommodation, and
for that end to have waited nine or ten months longer,
in which time the plenipotentiaries^ were, by the
treaty, to have adjusted all the differences subsisting
between the two nations. But the failure of Spain in
performing what had been agreed to by this prelimi
nary, put an end to all our hope, and then, and not
till then, it became prudent to enter into hostilities,
which were commenced as soon as possible after the
expiration of the term limited for the, payment of
the 95,0001.
Strong and virulent censures have been cast on me
for having commenced the war without a single ally ;
and this deficiency has been ascribed to the multifa
rious treaties in which I have bewildered myself. But
although the authors of this imputation are well ap
prised that all these treaties have been submitted to
and approved by parliament, yet they are now brought
forward as crimes, without appealing to the judgment
of parliament, and without proving or declaring that
all or any of them were advised by me. A supposed
sole minister is to be condemned and punished as the
author of all ; and what adds to the enormity is, that
an attempt was made to convict him uncharged and
unheard, without taking into consideration the most
arduous crisis which ever occurred in the annals of
Europe. Sweden corrupted by France ; Denmark
tempted and wavering; the landgrave of Hesse

376 SIR ROBERT WALPOLE's SPEECH ON
Cassel almost gained ; the king of Prussia, the em
perour, and the Czarina, with whom alliances had
been negotiating, dead; the Austrian dominions
claimed by Spain and Bavaria ; the elector of Saxony
hesitating whether he should accede to the general
confederacy planned by France ; the court of Vienna
irresolute and indecisive. In this critical juncture,
if France enters into engagements with Prussia, and
if the queen of Hungary hesitates and listens to France,
are all or any of these events to be imputed to En
glish counsels ? and if to English counsels, why
are thejf to be attributed to one man ?
I now come, sir, to the second head, the conduct
of domestick affairs ; and here a most heinous charge
is made, that- the nation has been burthened with un
necessary expenses, for the sole purpose of preventing
the discharge of our debts, and the abolition of taxes.
But this attack is more to the dishonour of the whole
cabinet council than to me. If there is any ground
for this imputation, it is a charge upon king, lords,
and commons, as corrupted, or imposed upon. And
they have no proof of these allegations, but affect to
substantiate them by common fame and publick no
toriety. No expense has been incurred but what has been
approved of, and provided for by parliament. The
publick treasure has been duly applied to the uses
to which it was appropriated by parliament, and re
gular accounts have been annually laid before parlia
ment, of every article of expense. If by foreign
accidents, by the disputes of foreign states amongst
themselves, or by their designs against us, the nation
has Often been put to an extraordinary expense, that
expense cannot be said to have been unnecessary,
because, if by saving it we had exposed the balance
of power to danger, or ourselves to an attack, it
would have cost, perhaps, a hundred times that sum,
before we could recover from that danger, or repel
that attack.
In all such cases there will be a variety of opinions.
I happened to be one of those who thought all these

AN ADDRESS TO TH:E KING. 377
expenses necessary, and I had the good fortune to
have the majority of both houses of parliament on
my side ; but this, it seems, proceeded from bribery
and corruption* Sir, if any one instance had been
mentioned, if it had been shown, that I ever offered
a reward to any member of either house, or ever
threatened to deprive any member of his office or
employment, in order to influence his vote in parlia
ment, there might have been some ground for this
charge; but when it is so generally laid, I do not
know what I can say to it, unless it be to deny it as
generally and as positively as it has been asserted ;
ahd, thank God ! till some proof be offered, I have
the laws of the land, as well as the laws of charity in
my favour.
Some members of both houses have, it is true,
been removed from their employments under the
crown ; but were they ever told, either by me, or
by any other of his majesty's servants, that it was
for opposing the measures of the administration in
parliament? They were removed, because his ma
jesty did not think fit to continue them longer in his
servicp. His majesty had a right so to do, and I
know no one that has a right to ask him, what dost
thou? If his majesty had a mind that the favours of
the crown shpuld circulate, would not this of itself
be a good reason for removing any of his servants ?
Would not this reason be approved of by the whole
nation, except those who happen to be the present
possessors ? I cannot, therefore, see how this can be
imputed as a crime, or how any of the king's minis
ters can be blamed for his doing what the publick
has no concern in : for if the publick be well and
faithfully served, it has ho business to ask by whom.
As to the particular charge urged against me, I
mean that ofthe army debentures, I am surprised,
sir, to hear any thing relating to this affair charged
upon me. Whatever blame may attach to this affair,
it must be placed to the account of those that were in
power, when I was, as they call it, the country gen
tleman. It was by them this affair was introduced and
vol. I. 3 c
/

378 SIR ROBERT WALPOLE'S SPEECH ON
conducted, and I .came in only to pay off those pub
lick securities, which their management had reduced
to a great discount, and consequently to redeem our
publick credit from that reproach, which they had
brought upon it. The discount at which these army
debentures were negotiated, was a strong and preva
lent reason with parliament, to apply the sinking
fund first to the payment of those debentures, but the
sinking fund could not be applied to that purpose,
till it began to produce something considerable, which
was not till the year 1727. That the sinking fund
was then to receive a great addition, was a fact pub
lickly known in 1726; and if some people were
sufficiently quick sighted to foresee, that the parlia
ment would probably make this use of it, and cunning
enough to make the most of their own foresight, could
I help it, or could they be blamed for doing so ? But
I defy my most inveterate enemy to prove, that I
had any hand in bringing these debentures to a dis
count, or that I had any share in the profits by buying
them up.
In reply to those who confidently assert, that the
national debt is not decreased since 1727, and that
the sinking fund has not been applied to the discharge
of the publick burthens, I can with truth declare,
that a part of the debt has been paid off, and the land
ed interest has been very much eased, with respect
to that most unequal and grievous burthen, the land
tax. I say so, sir, because upon examination it will
appear, that within these sixteen or seventeen years,
no less than 8,000,000/. of our debt has been actually
discharged, by the due application of the sinking
fund, and at least 7,000,000/. has been taken from
that fund, and applied to the ease of the land tax.
For if it had not been applied to the current service,
we must have supplied that service, by increasing
the land tax ; and as the sinking fund was originally
designed for paying off our debts, and easing us of our
taxes, the application of it in ease ofthe land tax, was
certainly as proper and as necessary a use as could be
made. And I little thought that giving relief to landed

AN ADDRESS TO THE KING. 379
gentlemen, would have been brought against me as
a crime. I shall now advert to the third topick of accusation:
the conduct of the war. I have already stated in what
manner, and under what circumstances hostilities
commenced ; and as I am neither general nor admi
ral, as I have nothing" to do either with our navy or
army, lam sure I am not answerable for the prose
cution of it. But were I to answer for every thing,
no fault could, I think, be found with my conduct in
the prosecution of the war. It has from the beginning
been carried on with as much vigour, and as great
care of our trade, as was consistent with our safety at
home, and with the circumstances we were in at the
beginning of the war. If our attacks upon the ene
my were too long delayed, or if they have not been
so vigorous or so frequent as they ought to have
been, those only are to blame who have for many
years been haranguing against standing armies: for
without a sufficient number of regular troops in pro
portion to the numbers kept up by our neighbours,
I am sure we can neither defend ourselves, nor offend
our enemies. On the supposed miscarriages of the
war, so unfairly stated, and so unjustly imputed to
me, I could, with great ease, frame an incontrover
tible defence : but as I have trespassed so long on
the time of the house, I shall not weaken the effect
of that forcible exculpation so generously and dis
interestedly advanced by the right honourable gentle
man who so meritoriously presides at the admiralty.
If my whole administration is to be scrutinized
and arraigned, why are the most favourable parts to
be omitted? If facts are to be accumulated on one
side, why not on the other ? And why may not I be
permitted to speak in my own favour? Was I not
called by the voice of the king and the nation to re
medy the fatal effects of the South Sea project, and
to support declining credit? Was I not placed at the
head of the treasury, when the revenues were in the
greatest confusion? Is credit revived, and does it
npw flourish ? Is it not at an incredible height, and if

380 SIR ROBERT walpole's speech on
so, to whom must that circumstance be attributed?
Has not tranquillity been preserved both at home and
abroad, notwithstanding a most unreasonable and vio
lent opposition? Has the true interest of the nation
been pursued, or has trade flourished ? Have gentle
men produced one instance of this exorbitant power,
of the influence which I extend to all parts of the na
tion, of the tyranny with which I oppress those who
oppose, and the liberality with which I reward those
who support me? But having first invested me with
a kind Of mock dignity, and styled me a prime minis
ter, they impute to me an unpardonable abuse of that
chimerical authority which they only have created
and conferred. If they are really persuaded that the
army is annually established by me, that I have the
sole disposal of posts and honours, that I employ this
power in the destruction of liberty, and the diminu
tion of commerce, let me awaken them from their
delusion, Let me expose to their view the real con
dition of the publick weal ; let me show them that the
crown has made no encroachments, that all supplies
have been granted by parliament, that all questions
have been debated with the same freedom as before
the fatal period, in which my counsels are said to have
gained the ascendency ; an ascendency from, which '
they deduce the loss of trade, the approach of slavery,
the preponderance of prerogative, and the extension
of influence, But I am far from believing that they
feel those apprehensions which they so earnestly-
labour to communicate to others, and I have too high
an opinion of their sagacity not to conclude that, even
in their own judgment, they are complaining of griev--
ances that they do not suffer, and promoting rather
their private interest than that ofthe publick,
What is this unbounded sole power which is im
puted to me? How has it discovered itself, or how
has it been prpved ?
What have been the effects of the corruption, ambi
tion, and avarice, with which I am so abundantly
charged ?

ON AN ADDRESS TO THE KING. 381
Have I ever beep suspected of being corrupted ?
A strange phenomenon, a corrupter himself not cor
rupt ! Is ambition imputed to me ? Why then do I
still continue a commoner ? I, who refused a white
staff and a peerage. I had, indeed, like to have for
gotten the little ornament about my shoulders, which
gentlemen have so repeatedly mentioned in terms of
sarcastick obloquy. But surely, though this may be
regarded with envy or indignation in another place, it
cannot be supposed to raise any resentment in this
house, where many may be pleased tp see those ho
nours which their ancestors haye worn, restored again
to the commons.
Have I given any symptoms of an avaricious dis
position ? Have I obtained any grants from the crown
since I have been placed at the head of the treasury ?
Has my conduct beeh different from that which others
in the same station would have followed ? Have I act
ed wrong in giving the place of auditor to my son,
and in providing for my own family ? I trust that their
advancement will not be impUted to me as a crime,
unless it shall be proved that I placed them in offices
of trust and responsibility for which they were unfit.
But while I unequivocally deny that I am sole and
prime minister, and that to my influence arid direction
all the measures of government must be attributed,
yet I will not shrink from the responsibility which at
taches to the post I have the honour to hold ; and
should during the long period in which I have sat upon
this bench, any one step taken by government be
proved to be either disgraceful or disadvantageous
to the nation, I am ready to hold myself accountable.
To conclude, sir, though I shall always be proud
ofthe honour of any trtist or confidence from his ma
jesty, yet I shall always be ready to remove frorh his
councils and presence, when he thinks fit ; and there
fore I should think myself very little concerned iirthe
event of the present question, if it were not for the
encroachment that will thereby be made upon the
prerogatives of the crown. But 1 must think?' that
an address to his majesty to remove one of his serr

382 SIR ROBERT WALPOLE's SPEECH, &C.
vants, without so much as alleging any particular
crime against him, is one of the greatest encroach
ments that was ever made upon the prerogatives of
the crown ; and therefore for the sake of my master,
without any regard for my own, I hope all those that
have a due regard for our constitution, and for the
rights and prerogatives of the crown, without which
our constitution cannot be preserved, will be against
this motion.

MR. SHERIDAN'S SPEECH,
DELIVERED IN THE HOUSE OF COMMONS, ON THE 18TH OF
FEBRUARY, 1787, ON THE IMPEACHMENT OF WARREN HAS
TINGS, FOR HIGH CRIMES AND MISDEMEANORS.
x\S one ofthe leading managers who conducted the
memorable trial of Warren Hastings, the duty parti
cularly assigned to Mr. Sheridan was to support the
charge which related to the treatment of the Prin
cesses of Oude. This charge which seems to have
been considered as the most criminal of the offences
alleged against Mr. Hastings, is so entangled with
a complicated portion of the history of his adminis
tration, that we despair of being able to convey, within
the limits to which we are restricted, an intelligible
explanation of the subject. It is, however^ a matter
of little consequence, since there will be found in
the speeches of Mr. Sheridan, especially the conclu
ding one, the charge stated with 'sufficient distinct
ness, accompanied too by a narrative of the transac
tions on which it is predicated, clear, copious, and
precise. The first of these inimitable orations was
delivered in the house of commons on the question,
Whether the conduct of Mr. Hastings towards the
Begums deserved impeachment? The theme was pecu
liarly adapted to display the best powers of eloquence;
and never, perhaps, were they exerted with superi
our skill, force, and elegance. For more than five
hours, he continued without abatement, to fascinate,
arouse, and inflame the feelings of his audience, and

384 , ilR. SHERIDAN'S SPEECH ON
when he concluded there was a general and spontane
ous burst of applause expressive ofa greater degree of
enthusiasm than probably was ever before kindled by
the influence of eloquence in a deliberative assem
bly. # Three of the most eminent members of the
house arose in succession, and bestowed on the
speech the highest commendation. Mr. Burke de
clared it to be the most surprising effort of eloquence,
argument, and wit united, of, which, there is any re
cord or tradition. Mr. Fox avowed, that all he had
ever heard, all that he had ever read, when compared
to it, dwindled into nothing, and vanished like vapour
before the sun. Mr. Pitt confessed that it surpassed
all the eloquence of ancient or modern times, and
possessed every" quality of excellence that genius or
art could furnish to agitate, and control the human
mind. After a short interval, one of the friends of Mr.
Hastings endeavoured to reply to the speech, but was
unable to proceed from the convulsed and tumultu
ous state of the house. Enraptured with the eloquence
of Mr. Sheridan, the members were unwilling to
part with the delightful impressions it had created,
and seemed prepared, under the excitement of the
moment, to pronounce, by acclamation, the guilt of
the accused.
Perceiving these dispositions in the house, Mr. Pitt
very properly moved an adjournment,'" that the
members might have time to recover, so as to be able
* Among other plbofs of the astonishing effects of this
speech, it is relajed of the late Mr. Logan, who was one of
the warmest friends of Mr. Hastings, and well known as the
author ofa masterly defence of his conduct, for the publica
tion of which, Stockdale the bookseller was tried, went to the
house on that day with the strongest prepossessions in favour
ofthe accused. At the expiraUon of the first hour, he said
to a friend, " All this is declamatory assertion without proof?"
When the second was finished, " This is a most wonderful
oration-'' At the close of the third, " Mr. Hastings has acted
very unjustifiably." At the fourth, " Mr. Hastings is a most
atrocious criminal." And at the last, " Of all monsters of
iniquity the most enormous is Warren Hastings."

THE IMPEACHMENT OF MR. HASTINGS. 385
to discriminate between the blaze of eloquence and
the light of truth." This motion, with great difficul
ty, was carried. On resuming the discussion of the
subject, the house still retaining its impressions, voted
the charge by an immense majority.
The speeches, here inserted, we pretend not to
give as a faithful' transcript of Mr; Sheridan's elo
quence- They are, oh the contrary, evidently a very
inadequate report of it. No perfect record, we believe^
was ever made of these unparalleled productions;
They are now presented, we can confidently say, in
a better dress than they have hitherto appeared. The
chain of reasoning pursued by the orator, will be
found sometimes to be abruptly broken, and much
ofthe evidence omitted, but the sublirner parts have
not altogether been permitted to escape. Many a
gem of the highest poiish and the finest -.lustre is pre
served, though detached and separated. These
speeches in their present state, can only be viewed
as splendid fragments. They have no other preten
sions.
SPEECH, Vd;
I WILL not, sir, take up the time ofthe house
with any general arguments, to prove that the charge
which it has fallen to my lot to bring forward is of
great importance. The attention parliament has de
voted to the affairs of India, for many sessions past ;
the voluminous productions of your committees on
the subject; our own strong and pointed resolutions;
the repeated recommendations of his majesty, and
our repeated assurances of paying due regard to these
recommendations, are all undeniable evidences of
the magnitude of the consideration, and tend most
clearly to establish the broad fact, that parliament
acknowledges the British name and character have
been dishonoured, and rendered detestable through
out the Indian provinces, by the malversation and
crimes ofthe servants of the East India Company.
vol. I. 3 n-

386 MR. SHERIDAN'S SPEECH ON
It has, however, sir, I know, been insinuated by
some persons, that the national legislature is doing
wrong in urging the prosecution against Mr. Has
tings, at a time when its attention might be so much
more advantageously employed for the country. I
have heard it intimated, that among other high mat
ters which claim a precedence, that a commercial
treaty with France has just been concluded, em
bracing objects of such a vast and momentous nature,
as alone to be entitled at present, to all our delibera
tive wisdom. To this I reply : is it possible that
any one can conceive that parliament is mispending
its time by inquiring into the oppressions practised
on millions of unfortunate persons in India, with a
view of bringing to exemplary and condign punish
ment the most daring of these delinquents, who have
wantonly perpetrated flagrant acts of enormous tyran
ny, and rapacious peculation ? Can it be deemed by
any one a misuse of our functions, that we are dili
gently exercising the most effectual means of wiping
off the disgrace which tarnishes the British name in
India, and of rescuing our national reputation from
lasting infamy ? Surely, sir, no man who entertains
a proper sense of his country's glory can think a
subject of higher magnitude, or deeper interest than
this, could come before us, or that we could push
the inquiries which it involves with too much stea
diness, too ardent a zeal, or a too industrious a per
severance. To the credit of this house it has already pronoun
ced the solemn award, that Warren Hastings deserves
to be impeached for " high crimes and misdemean
ors." By this decision we have shown oUr abhor
rence of that novel and base sophism in the principles
of judicial proceedings, which was attempted to be
introduced, that crimes may be compounded; that
allowing Mr. Hastings to be guilty of all which is
alleged agaihst him, his guilt ought to be balanced
by the splendid successes of his administration ; that
these are a complete set off to all his oppressions,
treacheries, corruptions, cruelties and peculations;

THE IMPEACHMENT OF MR. HASTINGS. 387
and that though king, lords, and commons have
declared against him after the most calm, patient, arid
elaborate scrutiny into his conduct, yet it should
escape punishment, because, the high criminal can
produce a vote of thanks from the court of propri
etors. The house, I repeat, has in this respect, done itself
immortal honour. We have proclaimed to the World,
that however degenerate an example some of the
British subjects have exhibited in India, the people
of England collectively, speaking and acting by their
representatives, feel as men should feel on such an Oc
casion. We have asserted that there are acts which no
political expediency can sanction or extenuate. We
have said, that in the administration of Mr. Hastings,
we have discovered/ to use the language of an elo
quent member,* " acts of strong injustice, of grind
ing oppression, and unprovoked severity."
We have, moreover, declared that my noble friend t
who instigated this prosecution, is no false accuser.
That he was actuated to do it by no envy, malice, or
unworthy motive. But that, on the contrary, he is
the indefatigable, the persevering, and finally, the
successful champion of oppressed multitudes over
their despotick and cruel oppressor. This house has
proved itself, in short, superiour to the arrogant pre
tensions that were advanced in behalf of Mr. Has
tings, <c Of the pillar of India, ofthe corner stone of
our strength in the East, of the talisman of the
British territories in Asia," whose character has
been said by his silly admirers to be above censure,
and whose conduct was not within the reach of sus
picion. If ever there was a subject, sir, in which inquiry
has been full, deliberate, candid, and dispassionate,
it is certainly the present one. There are, no doubt,
in this house questions occasionally agitated from
motives of party, and in which decisions are suppo
sed to be matters of easy acquisition. But, I now
* Mr. Pitt. ' t Mr. Burke'.

388 JI1R- SHERIDAN'S SPEECH ON
utterly disclaim all such reasons as influencing this
proceeding, and do solemnly profess to God, that in
my own bosom there is an entire conviction of the
guilt of Mr. Hastings, and that I am sensible all
those who are concerned in the prosecution feel the
same. With regard, especially to his treatment of the
Begums of Oude, the ground of the present charge,
I have no hesitation, or reserve in stating as my honest
belief, that it comprehends every species of human
offence and moral depravity. Towards these unfor
tunate women, he has proved himself guilty of rapa-,
city at once violent and insatiable ; of treachery cool
and premeditated ; of oppression useless and unpro
voked ; of breach of faith unwarrantable and/ base ;
of cruelty unmanly and unmerciful. These are the
crimes of" which in my soul and conscience I arraign
Warren Hastings, and of which, I have the confi
dence to say, I shall convict him,
Let }t not be supposed that I mean to rest the
charge on mere assertion, or upon the warm expres
sions which the impulse of wounded sensibility may
excite. No, sir, I will establish eyery part of it by
the most unanswerable prpof, and the most unques
tionable evidence. I will support every allegation by
testimony which cannot be contradicted, namely, by
that of Mr, Hastings himself.
As there are members in this house who are pre
pared to become his advocates, I therefore challenge
them to keep an eye upon me, to watch if I advance
one inch of assertion for which I have not solid
ground. For I shall trust nothing to declaration, and
hence I desire credit for no fact which I do not prove,
and which, indeed, I do not demonstrate beyond the
possibility of refutation or denial.
With these preliminary remarks I proceed curso
rily to examine the defence of Mr. Hastings, which,
sir, he put into my hands to day for the first time, as
I entered into the house. This defence must be con
sidered as a second answer to the charge now under
review. But the new attempt at a vindication will be

THE IMPEACHMENT OF MR. HASTINGS. 389
seen to be no less unfortunate than the preceding one.
It cannot now be pleaded as formerly by him, that
his defence is crude and imperfect, because, hurried
by the want of time and opportunity to prepare it.
Of each he has had an ample allowance, and you will
find, sir, with what xare, and diligence, and labour
he has sought matter of justification. But it will also
be found, that in the whole of fuVde fence there is not
one fact truly stated ; not one quotation accurately
given, nor one assertion which is made out by the
premises. It is here endeavoured to be proved, that the trea
sures of the Begums were not private property, but
that they belonged of right to the nabob. To esta
blish this, various steps are related, which were taken
, by Mr. Bristow in the years 1775 and 1776, to pro
cure from them assistance to the nabob ; not
one of which steps, as stated by Mr. Hastings, is
true. It must be remembered, that at that period the
Begums did not merely desire, but expressly stipu
lated, that ofthe 300,0001. promised, 110,0001. should
be paid in sundry articles of manufacture. Is it not
obvious, that the sale of goods in this case, which had
been brought by.Mr. Hastings as an apology for the
exposition of their pilfered goods to publick auction
in 1781, far from partaking of the nature of an act
of plunder, was an extension of relief, indulgence,
and accommodation ? Mr. Hastings alleges the
principles of the Mahometan law in mitigation of his
severities ; as if he means to insinuate, that there is
something in Mahometanism, which renders it im
pious in a son not to plunder his mother. The mi
nutes of council in the year 1775 clearly prove, that
the women upon the death of their husbands are en
titled by the Mahometan law only to the propertv
within the zenana or harem where they lived. This
is decisive. The resident used no threats ; militarv
compulsion was not so much as menaced ; the dis
puted property was given up by the Begums, and the
further treasure which was within the zenana was con,
fessedly their own. A treaty had even been signed

390 mr< sheridan's speech on
by the nabob, and ratified by Mr. Bristow, in the
nature of a guarantee, by which it was stipulated,
that, on their paying 300,0001. they should be freed
from, all further application. Is this transaction ofa
nature calculated to prove that the right to the trea
sure of the Begums was vested in the nabob ? If the
Mahometan law had even given such a right, was not
that right excluded by the treaty ? Even in the year
1775, the; princesses of Oude entertained a re-
liance-upon the protection of the British government ;
and to prove this, I shall cite a letter of that date from
the Begum, the mother ofthe nabob, to Mr. Hastings,
in which she observes, "If it is your pleasure, that
the mother of the late nabob, myself, his other wo
men, and his infant children, should be reduced to a
state of dishonour and distress, we must submit.
But if, on the contrary, you call to mind the friend
ship of the late blessed nabob, you will exert yourself
effectually in favour of us who are helpless."
Let us next look to the immediate pretences
which, were assigned for seizing the treasure of the
Begums. It was said, that they had given disturb
ance at all times to the government of the Nabob.
That they had long manifested a spirit hostile to the
English government. That they had urged the
Zemidars to revolt ; and that they had excited and
were accessory to the insurrection at Benares. Now,
each of these allegations is sufficiently disproved
by Mr. Hastings himself, who makes it appear, that
on the contrary they had particularly distinguished
themselves by their friendship for the English, and
by the various good offices which they rendered to
the government. Mr. Hastings left Calcutta in
1781, and proceeded to Lhcknow, as he said him
self, with two great resources in his mind, Benares and
Oude. From one of these provinces he intended
to recruit the exhausted finances of the company.
What was the nature of these boasted resources?
They resembled the equitable alternative of a high
wayman, who, in going forth in the evening, Was
held in suspence which of his fields tb prefer,

THE IMPEACHMENT OP MR. HASTTNGS. 391
Bagshot or HoUnslow. In such a state of generous
irresolution did Mr. Hastings proceed to Benares and
Oude. At Benares he failed' in his pecuniary object.
Then, and not till then, not on account of any an
cient enmities shown by the Begums ; not in resent
ment for any old, disturbances; but because he had
failed in one place and had but two in prospect, , did
he conceive the base expedient of plundering those
aged women. He had no pretence, he had no ex
cuse ; he had nothing but the arrogant and obstinate
determination to govern India by his own corrupt
will, to plead for his conduct. Inflamed by disap
pointment in his first project, he hastened to the
fortress of Chunar, to meditate the more atrocious
design of instigating a son against his mother, of sa
crificing female dignity and distress to parricide and
plunder. At Chunar was that infamous treaty con
certed, in which, among other articles, Mr. Hastings
stipulated with one whom he called an independent
prince, " That, as great distress had arisen to the
Nabob's government from the military power and
dominion assumed by the Jaghiredars, he be permit
ted to resume such of their lands as he may deem to
be necessary." «
No sooner was this foundation of iniquity establish-
eb, in violation of the pledged faith and solemn gua
rantee ofthe British government; no sooner had Mr.
Hastings determined to invade the substance of jus
tice, than he resolved to avail himself of her judicial
forms; and accordingly despatched a messenger for
the chief justice of India, to assist him in perpetrating
the violations he had projected. Sir Elijah Impey
being arrived, Mr. Hastings with much art proposed
a question of opinion, involving an unsubstantiated
fact, in order to obtain a surreptitious approbation of
the measure he had predetermined to adopt. " The
Begums being in actual rebellion, might not the nabob
confiscate their property ? Most undoubtedly ," was the
ready answer, of the friendly judge. Not a syllable
of inquiry intervened as to the existence of the im
puted rebellion r not a moment's pause as to the

392 MR. SHERIDAN'S SPEECH ON
ill purposes to which the >decision of a chief justice
might be perverted. It is not, sir, the office ofa friend
to mix the grave caution and cold circumspection
of a. judge with an opinion taken under such circum
stances ; and sir Elijah did previously declare, that
he gave his advice, not as a judge, but as a friend.
It is curious to reflect on the whole of sir Elijah's
circuit at this perilous time. He stated his desire of re
laxing from the fatigues of office, and of unbending his
mind in a party of health and pleasure : yet wisely ap
prehending, that too sudden relaxation might defeat
it's object ; he had contrived to mix some concerns of
business with his amusements. In his little airing
of nine hundred miles, great part of which he travel
led post, escorted by an army, he selected those
very, situations where insurrection subsisted, and
rebellion was threatened. He not only delivered
his deep and curious researches into the laws of
nations and treaties, in the capacity of the Oriental
Grotius, whom Mr. Hastings was to study, but also
appeared in the humbler and more practical situation
of a collector of ex parte evidence. In the former
quality, his opinion was the premature sanction for
the plundering the Begums. In the latter character,
he became the posthumous supporter of the expul
sion and pillage of the Raja Cheit Sing. Acting on
an unproved fact, he did not hesitate in the first in
stance to lend his authority to an unlimited persecu
tion. In the latter, he did not disdain to scud about
India, like an itenerant informer, with a pedlar's
pack of garbled evidence and surreptitious affidavits.
With a generous oblivion of duty and honour, with
a proud sense of having authorized all future rapacity,
and sanctioned all past oppression, this friendly judge
proceeded on his circuit of health and ease. While
the governour general issued his orders to plunder
the Begums of their treasure, sir Elijah pursued his
progress, and explored a country, that presented a
speaking picture of hunger and nakedness, in quest
of objects best suited to his feelings; in anxious

THE IMPEACHMENT OF MR. HASTINGS. 393
search of calamities most akin to his invalid imagina
tion. Thus, at the same moment that the sword of
government was turned to an assassin's dagger,' the
pure ermine of justice was stained and soiled with
the basest contamination. Such were the circum
stances, under which Mr. Hastings completed the
treaty of Chunar; a treaty, which might challenge
all the treaties that ever existed, for containing in
the smallest compass the most extensive treachery.
Nor did Mr. Hastings consent to that treaty, till he
had received from the Nabob a present, or rather a
bribe, of 100,000/. The circumstances of this pre
sent, sir, are as extraordinary as the present itself.
Four months afterwards, and not till then, Mr* Has
tings communicated it to the company, at the same
time observing, that " the present was of a magni
tude not to be concealed." The whole transaction,
I aver* had its rise in a principle of rank corruption.
And what was the consideration for this extraor
dinary bribe? No less than the withdrawing from
Oude, not only all the Englishmen in official situa-^
tions, but the whole of the English army, and that.
at the very moment when he had himself stated the
whole Counfry of Oude to be in open rebellion. At
the very moment that he pocketed the extorted spoils
of the Nabob, he said to the English gentlemen,
with his usual grave hypocrisy and cant, " Go, you
oppressive rascals! Go from this worthy unhappy
man, whom you have plundered, and leave him to
my protection! You have robbed him, you have
plundered him, ?you have taken advantage of his
accumulated distresses* But, please God, he shall
in future be at rest ; for I have promised him that he
shall never see the face of an Englishman again."
This, however, was the only part of the treaty, that
he even affected to fulfil. In all its other articles, we
learn from himself, that at the very moment he made
it, he meant to deceive the Nabob. Accordingly,
he advised the general instead of the partial resump-"
tion of the Jaghires, for the express purpose of
defeating the first views of that prince ; and, instead
vol. I. 3 E

394' ME. SHERIDAN'S' SPEECH ON
of giving instant and unqualified effect to all the arti
cles of the treaty, he perpetually qualified, explained,
and varied them with new diminutions and reserva
tions. I call on aU who hear me to say if there be
any theory in Machiavel, any treachery upon record,
any cold Italian fraud, which can in any degree be
put in comparison with the disgusting hypocrisy and
unequalled baseness, which Mr. Hastings has shown
Upon this occasion ?
I recollect to have heard it advanced by some of
those admirers of Mr. Hastings, who were not so
implicit as to give unqualified applause to his crimes,
that they found an apology for the atrocity of them in
the greatness of his mind.: To estimate, sir, the solidity
of such a defence, it is sufficient merely to consider
ih what it is that this prepossessing distinction,
this captivating characteristick consists. Is it not
Solely to be traced in great actions directed to great
ends ? In them only are we to search for true mag
nanimity. To them only can we affix the splendour
and the honours of true greatness. There is indeed
another species of greatness, which displays itself in
boldly conceiving a bad measure, and undauntedly
pursuing it fo its accomplishment. Has Mr. Hastings
the merit of exhibiting either of these ? I see nothing
great, nothing magnanimous, nothing open, nothing-
direct, in his measures or his mind. On the contra
ry, he pursues the worst objects by the worst means.
His course is an eternal deviation from rectitude. At
one time he tyrannizes over the will, and at another
times deludes the understanding. He is by turns a
Dionysius and a Scapin. As- well might the writhing
obfiquity of the serpent be compared to the direct
path of the arrow, as the duplicity of Mr. Hastings's
ambition to the simple steadiness of genuine magna*
nimity. In his mind all is shuffling, ambiguous, dark,
insidious, and little. Nothing simple, nothing un
mixed ; all affected plainness, and actual dissimulation.
He is an heterogeneous mass of contradictory qualities,
with nothing great but his crimes, and those contrast
ed by the littleness of his motives, which at once de-

THE IMPEACHMENT OF MR. HASTINGS. 395
note his profligacy and his meanness, and mark
him for a traitor and a juggler. In his style of writing,
I perceive the same mixture of vicious contrarieties.
The most grovelling ideas he conveys in the most in
flated language, giving mock consequence to low ca
vils, and uttering quibbles in heroicks ; so that his
compositions disgust the taste and the understanding,
as much as his actions excite the abhorrence of the
soul. The same character may be traced through
almost every department of his government. Alike
in the military and the political line, we might ob
serve auctioneering ambassadours and trading gene
rals. We saw a revolution brought about by an
affidavit ; an army employed in executing an arrest ;
a town besieged on a note of hand ; and a prince de
throned for the balance of an account. Thus it was
that a government was exhibited, uniting the mock
majesty of a bloody sceptre, and the little traffick of
a merchant's counting house ; wklding a truncheon
with one hand, and picking a pocket with the other.
From the facts I haye stated, I infer, that the Begums
did not give disturbance to the government, that
they did not excite the zemidars to revolt, and that
they were not concerned in the insurrection of Be
nares. Their treasures were their treason. Asoph
ul Dowla thought, therefore, sir, like an unwise prince,
when he blamed his father for leaving him so little
wealth. His father acted with true policy, in leaving
his son with no temptations about him to excite acts
of violence from the rapacious. He prudently
cloathed him with poverty as with a shield, and armed
him with necessity as with a sword.
But let us examine the further apology which Mr.
Hastings has suggested for his conduct. " The Be
gums had resisted the resumption of the jaghires."
If, sir, they had done so, they would have been
guilty of no crime. But the contrary is the fact,
Can any thing be more absurd than the very
idea of such an apology? Mr. Hastings, when
he returned to Calcutta, states the resistance of
the Begums to the resumption in January 178$, as

396 MR. SHERIDAN'S SPEECH ON
the ground for confiscating their treasures in Novetm
ber 1781 ! The Begums, sir, were by their condition,
their age, and their infirmities, almost the only two
souls in India, who could not have thought of dis
tressing that government from which alone they
hoped for protection ; and who could not entertain a
design so absurd, as to depose the reigning prince,
who was their nearest relation. Perhaps, sir, it- may
he objected that it is improper to infer, because
there was no motive for the offences imputed to these
women, that of necessary consequence these imputa
tions were false. But does not the conduct of Mr. Hast
ings sufficiently evince, that there is such a crime as
wanton, unprovoked wickedness ? As to the imme
diate case, it will appear from the most incontro
vertible testimony, that insurrections, such as those
which have been cited, have constantly taken place in
Oude, and that reasons but too natural might be as
signed for them at the period in question. To as
cribe them to the Begums would indeed be wandering
even beyond the improbabilities of fiction. It is not
more absurd to affirm, that famine would not have
pinched, nor thirst have parched, nor extermination
have depopulated, but for the interference of these
old women. But Mr. Hastings adds, " that they
complained of the injustice that was done them."
God of heaven ! had they not a right to complain ?
After the violation of a solemn treaty, plundered
of their property, and on the eve ofthe last extremi
ty of misery, were they to be deprived ofthe ultimate
resource of impotent wretchedness, lamentation, and
regret? Was it a crime, that they should crowd to
gether in fluttering trepidation, like a flock of resist
less birds on seeing the felon kite, who, having
darted at one devoted bird and missed his aim, singled
out a new object, and was springing on his prey,
with redoubled vigour in his wing, and keener ven
geance in his eye ?
We next come to the affidavits by which the re
bellion of the Begums is endeavoured to be authenti
cated. With the nature and purport of these singular

THE IMPEACHMENT OF MR. HASTINGS. 397
documents, the house is already too, familiar to require
of me any length of animadversion. May the God
of Justice forbid that any one should ever again have
the misfortune to be arraigned on the ground taken
for the condemnation of these helpless females, or
that a verdict of guilty should be rendered for the
most trivial offence against the poorest wretch who
ever existed, upon imputations so futile and absurd !
There is one circumstance attending these affidavits
which is really so marvellous that it cannot have
escaped the observation of the house, I mean the
strange revival of the recollection of events after a
total extinction of many years. It appears that the
witnesses have now positively sworn to facts, of which,
when examined in India five years ago, they affected
a total fe/rgetfulness. This can only be explained by
supposing that the climate of the East relaxes the
memory as well as the nerves, by which the traces
of actions are lost, and that to regain these it is neces
sary that the persons should return to be braced by
the native air of Britain, and have their memories,
like their nerves, restrung. On the loose, and
vague, and contradictory quality of this evidence, I
cannot refrain from particularly addressing myself to
one description of gentlemen within these walls. I
call upon those who by their profession may be soon
appointed to the most exalted and dignified situation ;
where the great and important trust will be reposed
in them of protecting the lives and property of their
fellow subjects ; I call especially upon one learned
gentleman,* who, if report be true, will suddenly
succeed a venerable and great character, perhaps the
most illustrious that has ever adorned the profession^
whose departure from the seat of active justice wp '-
be illuminated and magnificent, because done while
he possesses a mind on which time has not powers
to lay his hand. I call upon this learned gentleman
solemnly to declare whether the mass of affidavits
* Sir Lloyd Kenyon, the successour to lord Mansfield as.
fhief justice of England.

398 MR. SHERIDAN'S SPEECH ON
taken at Lucknow, would be received by him as evi
dence to convict in this country, the lowest creature
of the slightest charge. If he says he would, I do
aver that I will instantly sit down, and not add ano
ther syllable to the too tedious trespass which I have
already made on your patience. As, however, he is
silent, permit me to crave your indulgence for a
moment longer on this subject, while I exhibit one
new feature of enormity which further and more
Strikingly illustrates the spirit of the testimony by
which the ruirf.of the Begums was atchieved. Among
the most pointed evidence against these unfortunate
women, it will be recollected by the house, is the
affidavit of colonel Gordon.
This ungrateful and profligate wretch who owed
his life to the generous intrepidity of the princesses,
and who was bound to them by obligations hitherto
deemed sacred, only two days after his deliverance,
incredible as it may seem, coldly and cruelly deposes
against those who had preseryed him, accusing them
of rebellion and of other crimes which he knew must
overwhelm them with inextricable calamities, merely
on vague rumour and idle suspicion. Almighty God !
canst thou from thy eternal throne look down upon
such premeditated baseness, and not fix some dread
ful mark of thy displeasure upon the perpetrators.
It has, sir, been remarked by Mr. Hastings, that a
mind touched with superstition, might have con
templated the fate of the Rohillas with peculiar im
pressions* If, sir, the mind of Mr. Hastings were
susceptible of the images of superstition, if his fan
cy could suffer any disturbance, he might indeed
feel extraordinary emotions, in contemplating the
scenes I have been endeavouring to describe. He
might image the proud spirit of Suja ul Dowla,
looking down upon the ruin and devastation of his
family ; beholding that palace, which Mr. Hastings
had first wrested from his hand, and afterwards re
stored, plundered by the very army with which he
had vanquished the Mahrattas ; that plunder, which
he had ravished from the Rohillas, seized and confis-

THE IMPEACHMENT OF MR. HASTINGS. 399
cated by his perfidious ally ; that Middleton, who
had been engaged in managing the previous violations,
most busy to perpetrate the last ; that Hastings, whom
on his death bed he had left the guardian of his wife,
his mother, and his family, turning those dear rela
tions, the objects of his solemn trust, forth to the
merciless seasons, and to a more merciless soldiery*
A mind, touched with superstition, must indeed
have cherished such a contemplation with peculiar
impressions. That, sir, Mr. Hastings was regularly
acquainted with all the enormities committed on the
Begums, is proved by the clearest evidence. It is
true, that Mr. Middleton was rebuked for not being
more exact ; but the exactness required of him af
forded no apology for Mr. Hastings's feelings. He
did not, indeed, give an account of the number of
groans which were heaved, of the quantity of tears
which were shed, of the weight of the fetters, or the
depth of the dungeons.
From a review df the evidence which I have had
the honour to submit to the house,' I think, sir, it
is evident that the Begums did nothing- to merit
the violence and cruelty with which they were treated,
and that tlie charge of their promoting the rebellion
in Oude was a mere pretext, wholly unfounded,, con
trived by Mr. Hastings for the abominable purpose
of seizing on their treasures; thus violating the solemn
guarantee of the company, and breaking its faith
sacredly pledged by treaty. That Mr. Hastings has
sunk and degraded the character of British justice in
India, by making sir Elijah Impey, the chief judge,
run about the country hunting for criminal charges,
and collecting affidavits to support them, against
those innocent and defenceless princesses. That his
conduct towards the Begums has been marked by the
most scandalous duplicity, the basest perfidy, the
most unparalleled and grinding oppression, and the
most insolent, wanton, and unmanly tyranny.
When, sir, the Court of Directors hearing of these
enormously wicked transactions, ordered an inquiry
to be instituted, the Governor General shrunk from

400 mr. sheridan*s speech on
it with conscious guilt, and covered his evasion under
a new and pompous doctrine, " That the majesty of
justice was to be approached with supplication, and
was not to lower itself by searching for crimes."
But I trust, sir, that the season of impunity has passed
away. I cannot help indulging the hope that this house
will vindicate the insulted character of justice ; that
it will exhibit its true quality, essence, and purpo
ses; that it will demonstrate it to be, in the case
before us, active, inquisitive} and avenging.
I have heard, sir, of factions, and parties in this
hohse, and know that they exist. There is scarcely
a subject upon which we are not broken aud divided
into sects. The prerogatives of the crown find
their advocates among the representatives of the peo
ple. The privileges of the people find opponents
in the house of commons itself. The measures of
every minister are supported by one body of men,
and thwarted by another. Habits, connexions,
parties, all lead to a diversity of opinion. But, sir,
when inhumanity presents itself to our observation, it
finds no division among us. We attack it as our*
common enemy, arid conceiving that the character
of the country is involved ih our zeal for its ruin,
we quit it not till it is completely overthrown.
It is not given to this house, to behold the ob
jects of its compassion and benevolence in the
present extensive inquiry, as it was to the officers
who relieved them, and who so feelingly described
the extatick emotions of gratitude in the instant
of deliverance. We cannot behold the workings
of their hearts, the quivering lips, the trikling
tears, the loud, yet tremulous joys of the millions,
whom our vote of this night will for ever save
from the cruelty of corrupted power. But, though
we cannot directly see the effect, is not the true
enjoyment of our benevolence increased, by its being
conferred unseen? Will not the omnipotence of
Britain be demonstrated, to the wonder of nations,
by stretching its mighty arm across the deep, and
saving by its fiat distant millions from destruction ?

THE IMPEACHMENT OF MR. HASTINGS. 401
And will the benedictions of thepeople thus saved dis
sipate in empty air ? No. They will not. If I may
dare to use the figure, they will constitute heaven
itself their proxy, to receive for them the blessings
of their pious thanksgiving, and the prayers their gra
titude will dictate.
It is with confidence, therefore, sir, that I move
you on this Charge, That VVarren Hastings be irn-
peached. $

vol. i. o F

MR. SHERIDAN'S SPEECH,
ON SUMMING UP THE EVIDENCE ON THE SECOND, OK BEGUM
CHARGE AGAINST WARREN HASTINGS, Esq. DELIVERED
BEFORE THE HIGH COURT OF PARLIAMENT, JUNE 1788.
i- HE two speeches pf Mr. Sheridan on the trial of
Warren Hastings, are undoubtedly more celebrated
than any other productions of modern eloquence.
But the, " high and diffused renown" which they
have acquired, must in a great degree be imputed
to the impression excited by them iii their delivery.
For it is certain, no report ofthe speeches has hitherto
been given to the publick which, as a whole, can aspire
either to fidelity or unusual elegance.
The second speech, or the one pronounced in
the house of lords, in reviewing the evidence on the
Begum charge, is here presented in a far more per
fect state than it has hitherto appeared. But even
now, it is manifestly an abridgment, shorn of
half the grace, and order, and beauty of the origi
nal. It still retains, however, many passages of the
most sublime and exquisitely wrought eloquence.
As it is probable that these speeches were written
compositions, copies of them may still be in Mr. She
ridan's possession, and we trust, if this be the case,
he will be ultimately induced to gratify that desire
which has been so often, so strongly, and so generally
expressed by the lovers of eloquence to have them
published. To withhold them altogether from the
publick, he should recollect will be. permitting his
negligence to do criminal injustice to his own fame,
to that of his country, and to the age which is entitled
to boast of the glory of having given birth to these
extraordinary productions.

404 MR. SHERIDAN'S SPEECH ON
SPEECH, Vc.
MY LORDS,
, I SHALL not waste your lordships' time nor
my own, by any preliminary observations, on the im
portance of the subject before you, or on the pro^
priety of our bringing it in this solemn manner to a
final decision. My honourable friend, the principal
mover ofthe impeachment, has already executed the
task in a way the most masterly and impressive. He,
whose indignant and enterprising genius roused by
the calls of publick justice, has with unprecedented
labour, perseverance and eloquence excited one
branch of the legislature to the vindication of our
national character, and through whose means the
house of commons now makes this embodied stand
in favour of man against man's iniquity, need hardly
be followed on the general grounds of the prosecu
tion. Confiding in the dignity, the liberality, and intel
ligence of the tribunal before which I now have the
honour to appear in my delegated capacity ofa manar
ger, I do not, indeed, conceive it necessary to engage
your lordships' attention for a single moment with any
introductory animadversions. But there is one point
which here presents itself, that it becomes me not to
overlook. Insinuations have been thrown out, that
my honourable colleagues and myself are actuated by
motives of malignity against the unfortunate prisoner
at the bar. An imputation of so serious a nature
cannot be permitted to pass altogether without com
ment, though it comes in so loose a shape, in such
Whispers and oblique hints as to prove to a certainty
that it was made in the consciousness, and, therefore,
with the circumspection of falsehood.
I can, my lords, most confidently aver, that a
prosecution more disinterested in all its motives and
ends ; more free from personal malice, or personal
interest; more perfectly publick, and more purely
animated by the simple and unmixed spirit of justice

THE IMPEACHMENT OF MR. HASTINGS. 405
never was brought in any country, at anytime, by
any body of men against any individual. What pos
sible resentment can we entertain against the unfor
tunate prisoner ? What possible interest can we have
in his conviction ? What possible object of a per.
sonal nature/ can we accomplish by his ruin ? For
myself, my lords, I make this solemn asseveration,
that I discharge my breast of all malice, hatred, and
ill will against the prisoner, if at any time indignation
at his crimes has planted in it these passions, and I
believe, my lords, that I may with equal truth answer
for every one of my colleagues.
We are, my lords, anxious, in stating the crimes
with which he is charged, to keep out of recollection
the person of the unfortunate prisoner. In prosecu
ting him to conviction, we are impelled only by a
sincere abhorrence of his guilt, and a sanguine hope
of remedying future delinquency. We can have no
private incentive to the part we have taken. We
are actuated singly by the zeal we feel for the pub
lick welfare, and by an honest solicitude for the
honour of our country, and the happiness of those
who are under its dominion and protection.
With such views, we really, my lords, lose sight
of Mr« Hastings, who, however great in some other
respects, is too insignificant to be blended with
these important circumstances. The unfortunate
prisoner is, at best, to my mind, no mighty object.
Amidst the series of mischiefs and enormities to
my sense seeming to surround him, what is he but
a petty nucleus, involved in its lamina, scarcely seen
or heard of.
This prosecution, my lords, was not, as is alle
ged, " begot in prejudice, and nursed in errour*"
It originated in the clearest conviction of the wrongs
which the natives of Hindostan have endured by the
maladministration of those in whose hands this
country had placed extensive powers, which ought to
have been exercised for the benefit of the governed,
but which, was used by the prisoner for the shame
ful purpose of oppression. I repeat with emphasis.

406 MR. SHERIDAN'S SPEECH ON
my lords, that nothing personal or malicious has in
duced us to institute this prosecution. It is absurd
to suppose it. We come to your lordships' bar as
the representatives of the commons of England, and as
acting in this publick capacity, it might as truly be
said, that the commons in whose name the impeach
ment is brought before your lordships, were actuated
by enmity to the prisoner, as that we their deputed
organs have any private spleen to gratify in discharg
ing the duty imposed upon us by our principals.
Your lordships will also recollect and discriminate
between impeachment for capital offences, and im
peachment for high crimes and misdemeanors. In
an impeachment of the former kind, when the life of
an individual is to be forfeited on conviction, if
malignity be indulged in giving a strong tincture
and coloruing to facts, the tenderness of man's na
ture will revolt at it. For, however strongly in-
dignant we may be at the perpetration of offences
ofa gross, quality, there is a feeling that will protect
an accused person from the influence of malignity in
such a situation. But where no traces of this malice
are discoverable ; where no thirst of blood is seen ;
where seeking for exemplary, more than sanguinary
justice, an impeachment is brought for high crimes and
misdemeanors, malice will not be imputed to the
prosecutors if in illustration of the crimes alleged,
they should adduce every possible circumstance in
support of their allegations. Why will it not? Be
cause, their ends have nothing abhorrent to human
tenderness ; because, in such a case as the present,
for instance, all that is aimed at in convicting the
prisoner is a temporary seclusion from the society of
his countrymen, whose name he has tarnished by his
crimes, and a deduction from the enormous spoils
which he has accumulated by his greedy rapacity.
The only matter, which I shall in this stage of my
inquiry lay before your lordships, in order to give
you an impression of the influence of the crimes of
the prisoner over the country in which they were

THE IMPEACHMENT OF MR. HASTINGS. 407
committed, *s t0 refor to some passages in a letter of
the Earl of Cornwallis.*
You see, my lords, that the British govern
ment, which ought to have been a blessing to the
powers in India connected .with it, has proved a
scourge to the natives, and the cause of desolation to
their most flourishing provinces.
Behold, my lords, this frightful picture of the
consequences of a government of violence and op
pression ! Surely the condition of wretchedness to
which this once happy and independent prince is
reduced by our cruelty, and the ruin which in some
way has been brought upon his country, call loudly
upon your lordships to interpose, and to rescue the
national honour and reputation from the infamy to
which both vvill be exposed, if no investigation be
made into the causes of their calamities, and no
punishment inflicted on the authors of them. By
policy, as well as justice. , you are vehemently urged
to vindicate the English character in the East. For,
my lords, it is manifest that the native powers have
so little reliance on our faith, that the preservation of
our possessions in that division of the world, can only
be affected by convincing the princes, that a religious,
* Here Mr. Sheridan read the letter of Lord Cornwallis,
then governour general of India, which stated that he had
been received by the Nabob Vizier with every mark of friend
ship and respect ; buf'that the attentions of the court of
Lucknow did not prevent his seeing the desolation that over
spread the face of the country, the sight of which had shock
ed his very soul. That he spok to the Nabob on the subject,
and earnestly recommended to him to adopt some system of
government which might restore the prosperity of his king
dom and make his people happy. That the' degraded prince
replied to his lordship, " that as long as the demands ofthe
English government upon the revenue of Oude should re-
main unlimited, he, the Nabob, could have no interest in
establishing economy, and that while they continued to inter
fere in the internal regulations of the country, it would be in
vain for him to attempt any salutary reform. For that his
subjects knew he was only a cypher in his own dominions,
and therefore laughed at, and despised his authority,, and that
of his subjects."

408 MR. SHERIDAN'S SPEECH ON
adherence to its engagements with them shall hereafter
distinguish our India government.* '
To these letters what answer shall we return? Let
fit not, my lords, be bywords, which will not find
credit with the natives who have been so often deceiv
ed by our professions, but by deeds which will as
sure them that we are at length truly in earnest. It
is only by punishing those who have been guilty pf
the delinquencies which have ruined the country, and
by showing that future criminals will not be encou
raged, or countenanced by the ruling powers at home,
that we can possibly gain confidence with the people
of India. This alone will revive their respect for
us, and secure our authority over them. This alone
will restore to us the alienated attachment of the
much injured Nabob, silence his clamours, heal his
grievances, and remove his distrust. This alone
will make him feel that he may cherish his people,
cultivate his lands, and extend the mild hand of pa
rental care over a fertile and industrious kingdom,
without dreading that prosperity will entail upon
him new rapine and extortion. This alone will in
spire the Nabob with confidence in the English
governmeat, and the subjects of Oude with confi
dence in the Nabob. This alone will give to the soil
of that delightful country the advantages which it
derived from a beneficent Providence, and make it

* To prove the necessity of bringing such a conviction to
the mind of every native prince, Mr. Sheridan read a letter
to lord Cornwallis from captain Kirkpatrick, who was resi
dent at the court of the great Marratta Chief, Madajee
Scindia. This letter stated that the new system, of modera
tion introduced by his lordship .was certainly the only one to
give stability to the British empire in India, but also observ
ed, that as the princes of that country had so frequently had
cause to lament the infidelity of engagements, it would re
quire time, and repeated proofs of good faith to convince
them of the honesty ofthe professions thus held out to them,
That ambition, or a desire of conquest should no longer.be
encouraged by British councils, and that a most scrupulous
adherence to all treaties and engagements should be the basis
of our future political transactions.

THE IMPEACHMENT OF MB. HASTINGS. 409
again, what it was when invaded by an English spoil
er, the garden of India.
It is in the hope,^ my lords, of accomplishing these
salutary ends, of restoring character to England, and
happiness to India, that we have come to the bar of
this exalted tribunal.
In looking round for an object fit to be held out to
an oppressed people, and to the world as an example
of national justice; we are forced to fix our eyes on
Mr. Hastings. It is he, my lords, who has degraded
our fame, and blasted our fortunes in the East. It
is he, who has tyrannised, with relentless severity
over the devoted natives of those regions. It is he
who must atone, as a victim, for the multiplied cala
mities he has produced !
But though, my lords, I designate the prisoner
as a proper subject of exemplary punishment, let it
not be presumed that I wish to turn the sword of
justice against him, merely because some example is
required. Such a wish is as remote from my heart
as it is from equity and law. Were I not persuaded
that it is impossible I should fail in rendering the
evidence of his crimes as conclusive as the effects of
his conduct are confessedly afflicting, I should blush
at having selected him as an object of retributive
justice. If I invoke this heavy penalty on Mr. Has
tings, it is because I honestly believe him to be a
flagitious delinquent, and by far, the most so of all
those who have contributed to ruin the natives of In
dia, and disgrace the inhabitants of Britain. But
while I call for justice upon the prisoner, I sincerely
desire to render him justice. It would, indeed, dis*
tress me, could I imagine that the weight and conse^
quence of the house of commons, who are a park
in this prosecution, could operate in the slightest de
gree to his prejudice. But I entertain no such soUc*--
tude or apprehension. It is the glory of the const**
tution under which we live, that no man can' be
punished without guilt, and this guilt must be pub
lickly demonstrated by a series of clear, legal, mani
fest evidence, so that nothing dark, nothing oblique,
vol. 1. 3 G

410 MR. SHERIDAN'S SPEECH ON
nothing authoritative, nothing insidious, shall work
to the detriment of the subject. It is not the peering
suspicion of apprehended guilt. It is not any popular
abhorrence of its wide spread consequences. It is
not the secret consciousness in the bosom of the
judge, which can excite the vengeance of the law,
and authorize its infliction ! No. In this good land,
as high as it is happy, because as just as it is free, all
is definite, equitable, and exact. The laws must be
satisfied before they are incurred ; and ere a hair of
the head can be plucked to the ground, legal guilt
must be established by legal proof .
But, this cautious, circumspect, and guarded
principle of English jurisprudence, which we all so
much value and revere, I feel at present in some de
gree inconvenient, as it may prove an impediment to
publick justice. For the managers of this impeach
ment labour under difficulties with regard to evidence
that can scarcely occur in any other prosecution.
What ! my lords, it may perhaps be asked, have
none of the considerable persons who are sufferers by
his crimes arrived to offer at your lordships' bar their
testimony, mixed with their execrations against the
prisoner? No — there are none. These sufferers are
persons whose manners and prejudices keep them
separate from all the world, and whose religion will
not permit them to appear before your lordships. But
are there ho witnesses, unprejudiced spectators of these
enormities, ready to come forward from the simple
love of justice, and to give a faithful narrative of the
transactions that passed under their eyes? No— r-
there are none. The witnesses whom we have been
compelled to summons are, for the most part, the
emissaries and agents employed, and involved in these
transactions ; the wily accomplices of the prisoner's
guilt, and the supple instruments of his oppressions.
But are there collected no written documents, or
authentick papers, containing a true and perfect ac
count of his crimes? No — there, are none. The
only papers we have procured are written by the
party himself, or the participators in his proceedings,

THE IMPEACHMENT OF MR. HASTINGS. 411
who studied, as it was their interest, though con
trary to their duty, to conceal the criminality of their
conduct, and consequently to disguise the truth.
But though, my lords, I dwell on the difficulties
which the ihanagers have to encounter with re
spect to the evidence in this impeachment, I do not
solicit indulgence, or even mean to hint, that what
we haye adduced is in arty material degree defective.
Weak no doubt it is in some parts, and deplorable,
as undistinguished by any^ compunctious visitings
of repenting accomplices ; but there is enough and
enough in sure validity, notwithstanding every dis
advantage and impediment, to abash the froht of
guilt no longer hid, and to flash those convictions On
the minds of your lordships, Which should be pro
duced. I now proceed, my lords, to review the evidence.
The first article which I shall notice must, I think,
be considered as pretty strong. It is the defence or
rather the defences of the prisoner before the house qf
commons. For, he has already made four; three
of whfoh he has sihce abandoned and endeavoured
to discredit. I believe, it is a novelty in the history
of criminal jurisprudence, that a person accused
should first set up a defence, and afterwards strive to
invalidate it. But this certainly has beeh the course
adopted by the prisoner ; and I am the more surprised
at it, as he has had the full benefit of the ablest coun
sel. Rescued from his own devious guidance, I
could hardly have imagined that he would have acted
so unwisely or indecently, as to evince his contempt
of one house of parliament by confessing the impo
sitions which he had practised on the other. But
by this extraordinary proceeding he has given un
warily, to your lordships a pledge of his past truth,
in the acknowledged falsehood of his present con
duct. In every court of law in England, the confession
ofa criminal, when not obtained by any promise of
favour, or lenity, or by violent threats, is always ad
mitted as conclusive evidence against himself. And

412 MR. SHERIDAN'S speEcH on
if such confession were made before a grave and re
spectable assembly of persons competent to take cog
nizance of crimes, there is no doubt but that it would
have due weight, because, it is fair to presume that
it must be voluntary, and not procured by any un
due, or improper means. The prisoner has, in his
defence, admitted many facts, and it is the inten
tion of the managers accordingly to urge in support of
the charges, his admission of them. For, when he
did it, he was speaking the language not of inconsi
derate rashness and haste, but of deliberate consider
ation and reflection, as will appear to your lordships
by a passage which I shall cite from the introduction
to the defence read by Mr. Hastings himself at the
bar of the house of commons. He employs the fol
lowing words " of the discouragement to which I
allude, I shall mention but two points, and these it
is incumbent upon me to mention, because, they
relate to effects which the justice of this honourable
house may, and I trust will, avert. The first is an
obligation to my being at all committed in my de
fence, since, ih so wide a field for discussion, it
would be impossible not to admit some things, of
which an advantage might be taken to turn them into
evideriee against myself, whereas another might as
wejl use as I could, or better, the same materials of
my defence, without involving me in the same con
sequences. But, I am sure the honourable house
will yield me its protection against the cavils of un
warranted inference, and if the truth can tend to
convict me, I am content to be myself the channel
to : Convey it. The Other objection lies in my own
breast. It was not till Monday last tiiat I formed the
resolution, and I knew not then whether 1 might not,
in consequence be laid under the obligation of prepa
ring and completing in five days (and in effect so it
proved) the refutation of charges which it has been
the labour Of my accuser, armed with all the powers
of parliament, to compile, during as many years of
almost undisturbed leisure."

THE IMPEACHMENT*OF MR. HASTINGS. 413
Here then, my lords, the prisoner has upon deli
beration committed his defence to paper, and after
having five days to consider whether he should pre
sent it, or not, he actually, delivers it himself to the
house of commons as one founded in truth, and
triumphantly remarks, that *' if truth could 'tend to
convict him, he was willing to be himself the channel
to convey it."
But What is his language now that he has the ad*
vice of counsel ? Why, that there is not a word of
truth in what he delivered to the house of commons
as truth ; that he has no knowledge of the facts ; no
recollection of the circumstances; that he has put
his memory in trust, and duly nominated and ap
pointed commissioners to take charge of it. Even
his defences he commits to the same persons. For
the fabrication of them he establishes a sort of manu
factory, and like a master workman distributes around
him the raw materials. to all hands awaiting. To one
he allots words to string, to another the spinning of ar
guments, and to a third the weaving of the web of the
discourse. This arrangement is indeed Convenient.
By it, all the speed, and facility, and perfection is
acquired which division of labour gives to art. To
major Scott, he says, take care of my consistency.
Mr. Middleton, yOu have my memory in commis
sion ! Prove me a financier, Mr. Shore. Answer for
me Mr. Holt. And to you, Impey, I consign
my humanity ! Help, help, one and all of you, to
bear me up under the pressure of my laurels, the
burthen of my glory ! Refresh and preserve me from
the calentures of my state !
But, this journeyman's work after all is found to
be defective.' It is good enough for the house of
commons, but not for your lordships. The prisoner
presents himself at your bar, and his only apprehen
sion seems to arise from what had been thus done
for him. He exclaims, " I am careless of what the
managers say or do. Some of them have high pas
sions, and others have bitter words, but these I heed
not. Save me from the peril of my'own panegyrick y

414 mr. sheridan's speech on
snatch me from my own friends. , Do not believe
a syllable of what I said before. I cannot submit
now to be tried, as I imprudently challenged, by the
account which I have myself given of my own trans
actions." Such is the language of the prisoner, by
which it appears that truth is not natural to him ; but
that falsehood comes at his beck. Truth, indeed, it
is said, lies deep, and requires time and labour; to
gain, but falsehood swims on the surface, and is
always at hand.
It is in this way, my lords, that the prisoner shows
you how he sports with the dignity and feelings of
the house by asserting that to be false, and not enti
tled to credit this day, which, on a former he had
averred to be truth itself. Indeed, from this avowal
and disavowal of defences, and from the present de
fence, differing from all the former, which have been
delivered to your lordships, it does seem that Mr.
Hastings thinks he may pursue this course just as far
as best suits his convenience or advantage. It is not
at all improbable, if he should deem it expedient, that
he will hereafter- abandon the one now submitted to
you, and excuse himself by saying, " It was not
made by me, but by my counsel, and I hope, therer
fore, your lordships will give no credit to it." But
if he will abide by this, his last revised, and amend
ed defence*, I wUl join issue with him upon it, and
prove it to be in numerous places void of truth, and
jn alniost every part of it unfounded in argument as
well as fact. y .
I am now to advert more particularly to the evi
dence in support of the allegations pf the charge on
which the prisoner is arraigned. We have already
shown, most satisfactorily, that the Begums of Qude
were of high.hirth and distinguished rank; the
elder, or grandmother of the reigning prince being
the daughter of a person of ancient and illustrious
lineage, and the younger, or Prince's mother, of
descent scarcely less noble. We have also shown,
with equal clearness, by the testimony of several
witnesses, how sa'cred is the residence of women in.

THE IMPEACHMENT OF MR. HASTINGS. 415
India. To menace, therefore, the dwelling of these
princesses with violation, as the prisoner did, was a
species of torture, the cruelty of which, can only be,
conceived by those who are conversant with the;
peculiar customs and notions of the inhabitants of
Hindostan. We have nothing in Europe, my lords, which can
give us an idea of the manners of the East. The
Mahometans have some features of the character,
but the Indians drew from their Persian ancestry a,
purer style of prejudices, and a loftier superstition.
There is nothing gross in their taste, nothing deba
sing in their enjoyments. The custom of their se
clusion bears little resemblance to the same practice
in Turkey. With the women of the latter country
it arises from compulsion, but with those of the former
it is a voluntary sequestration. Their seclusion does
not flow frpm any grovelling jealousy on the part Of
the men as in Turkey, but from a nice delicacy in
the female breast, a jealousy of their own, which
makes them shrink from common view in the chaste
idea, that to be gazed upon and publickly admired
is a species of pollution. They are denied liberty,
it is true, but liberty so far from having charms to
them, is shocking to their sensibility, and repugnant
to their sacred habits. They are inshrined, rather than
immured. They are placed in these retreats as saints
to be worshipped, and to which no passion has access
which is not softened and elevated by a holy supersti
tion. Their sanctuaries are guarded and protected
by national piety and national reverence.
What now, my lords, do you think of the tyranny
and savage apathy of a man, who could act in open
defiance of those prejudices which are so interwoven
with the very existence of the females of the East,
that they can be removed only by death? What do
your lordships think ofthe atrocity of a man, who
could threaten to prophane and violate the" sanctuary
ofthe princesses of Oude, by declaring that he would
storm it with his troops, and expel the inhabitants
from it by force? There is, my lords, displayed in

416 MR. SHERIDAN*S SPEECH ON
the whole of this black transaction a wantonness of
cruelty, and ruffian like ferocity that happily are not
often incident even to the most depraved and obdu
rate of our species. , ,
Had there been in the composition of the prisoner's
heart one generous propensity, or lenient disposition
even slumbering and torpid, it must have been
awakened and animated into kindness and mercy to
wards these singularly interesting females. Their
character, and situation at the time, presented every
circumstance to disarm hostility, and to kindle the
glow of manly sympathy. But no tender impression
could be made on his soul which is as hard as ada
mant, and as black as sin. Stable as the everlasting
hills in its schemes and purposes of villany, it has
never once been shaken by the cries of affliction, the
claims of charity, or the complaints of injustice.
With steady undeviating step, he marches on to the
consummation of the abominable projects of wicked
ness which are engendered and contrived in its gloomy
recesses. What his soul prepares, his hands are ever
ready to execute.
It is true, my lords, that the prisoner is conspicu
ously gifted with the energy of vice, and the firmness
of indurated sensibility. These are the qualities
which he assiduously cultivates, and of which, his
friends vauntingly exult. They have indeed, pro
cured him his triumphs and his glories. Truly, my
lords, they have spread his fame, and erected the
sombre pyramids of his renown.
That the treasures, my lords, of the Zenana, the
object of the prisoner's rapacity, and the incentive
to his sacrilegious violation of this hallowed abode of
the princesses of Oude, were their private property,
justly acquired, and legally secured, and not the
money of the state as is alleged, has been clearly and
incontestably demonstrated. It must be recollected
how conclusive was the testimony both positive and
circumstantial which we hrought to support this point.
Believing that it must have pressed itself upon your
memories, I shall avoid here the tediousness of a

THE IMPEACHMENT OF MR. HASTINGS. 417
detailed recapitulation. Permit me, however, to
call your attention to a very brief summary of its '
It is in complete evidence before you that Sujah ul
Dowlah, the husband of the elder Begum, entertained
the warmest affection for his wife, ahd the liveliest
solicitude for her happiness. Endeared to him by
the double ties of conjugal attachment and the grate
ful remembrance of her exemplary conduct towards
him in the season of his severest misfortunes, and
accumulated distress, he seems, indeed j to have
viewed her with an extravagance of fondness bordering
ori enthusiasm. You know, my lords, that when
the Nabob was reduced.'by the disastrous defeat which
he sustained at Buxar to the utmost extremity of ad^
verse fortune, she, regardless of the danger and
difficulties of the enterprise, fled to him, for the pur
pose of administering to his misery the solace of ten
derness, and prompted by the noblest sentiment, took
along with her, for his relief, the jewels with which
he had enriched her in his happier and more prosper
ous days. By the sale of these, he raised a large sum
of money, and^retrieved his fortunes. After this
generous and truly exemplary conduct on her part,
the devotion of the. husband to the wife knew no
bounds. Can any further proof be required of it than
the appointment of his son, by her, as the successour
to his throne ? With these dispositions, then, to
wards his wife, and from the manifest ascendency
which she had acquired over him, is it, my lords, I
ask an unwarrantable presumption that he did devise
to her the treasures which she Claimed? On the
question of the legal right which the < Nabob had to
make such a bequest I shall not now dwell, it having
been already shown beyond disputation by the learned
manager* who opened the Charge, that, according to
the theory as well as the practice of the Mahometan
law, the reigning prince may alienate and dispose of
either real or personal property*
* Mr. Adam.
VOL. I. 3 H

418 mr. sheridan's speech on
But, it further appears, my lords, from the testi-
mony which has been laid before you, that the
younger Begum, or the Nabob's mother, lent mo
ney to her son, amounting to twfenty-six lacks of
rupees, for which, she received as a pledge, his bonds.
Here, is the evidentia ret that the money so lent was
acknowledged to be hers. For no one borrows his
own money and binds himself to repay it ! But, my
lords, let us look into the origin of this pretended
claim to the Begums' treasures. We hear nothing
of it till the Nabob became embarrassed by the enor
mous expense of maintaining the military establish
ments to which he was compelled by the prisoner.
Then, as a dernier resort, the title to the treasures
was set up, as the property ofthe crown, which could
not be willed away. This, truly was the dawn of
the claim. Not long afterwards, we detect the open
interference of Mr. Hastings in this fraudulent trans
action. It was, indeed, hardly to be expected; that
he would permit so favourable an occasion to escape
of indulging his greedy rapacity. We find, accordingly,
that Mr. Bristow, the resident at the epurt of Lucknow
duly received instructions to support, with all possible
dexterity and intrigue, the pretensions of the Nabob.
The result of the negotiation which in consequence
took place was, that the mother, as well to relieve
the distresses of her son, as to secure a portion of her
property agreed finally to cancel his bond for the
twenty-six lacks of rupees already lent, and to pay
him thirty additional lacks, or 300,0001. making in
the whole 560,0001. sterling. Part of this sum, it
was stipulated should be paid in goods contained in
the Zenana, which, as they consisted of arms and
other implements of war, the Nabob alleged to be
the property of the state, and refused to receive in
payment. The point, however, being referred to
the Board at Calcutta, Mr. Hastings then, it is im
portant to remark, vindicated the right of the Begums'
to all the goods of the Zenana, and brought over a
majority of the council to his opinion. The matter
in dispute being thus adjusted, a treaty between the

THE IMPEACHMENT OF MR. HASTINGS. 419
mother and son was formally entered into, and to
which, the English became parties, guarantying its
faithful execution. In consideration of the money
paid to him by the mother, the son agreed to release
all claim to the landed and remaining parts of the
personal estate, left by his father Sujah ul Dowlah to
the princess his widow. Whatever, therefore, might
have been her title to this property before, her right
under this treaty, and the guarantee, became as legal,
as strong, and as obligatory as the laws of India, and
the laws of nations, could possibly make it.
But, .my lords, notwithstanding the opinion which
Mr. Hastings so strenuously supported in the council
at Calcutta of the absolute right of the princess to all
the property in the Zenana, yet when it became
convenient to his nefarious purposes to disown it, he,
with an effrontery which has no example, declared that
this recorded decision belonged not to him but to the
majority of the council. That, in short, being re
duced to an inefficient minority in the council, he did
not consider himself as responsible for any of their
acts, either of those he opposed or those he approved.
My lords, you are well acquainted with the nature
of majorities and minorities. But how shall I instance
this new doctrine? It is as if Mr. Burke, the great
leader of this prosecution should some ten years hence
revile the managers, and commend Mr. Hastings.
What sir, might one of us exclaim to him, do you who
instigated the inquiry; who brought the charges against
him; who impeached him; who convinced me by
your arguments of his guilt, speak of Mr. Hastings
in this plausive style. Oh ! but sir, replies Mr.
Burke, this was done in the House of commons where
at the time I was one of an inefficient minority, and
consequently I am not responsible for any measure,
either those L opposed or approved."
If, my lords, at any future period, my honourable
friend should become so lost to truth, to honour,
and consistency, as to speak in this manner, what
must be the publick estimation of his character?
Just such was the conduct of the prisoner in avowing

420 MR. SHERIDAN'S SPEECH ON
that he did not consider himself responsible for the
measures which he approved while controlled in the
council by general Clavering, colonel Monson, and
Mr. Francis, the only halcyon season that India saw
during his administration.
But, my lords, let it be observed, that the claims
of the Nabob to the treasures of the Begums were,
at this time, the only plea alleged for the seizure.
These were founded on a passage of the Koran which
is perpetually quoted, but never proved. Not a word
was then mentioned of the strange rebellion which
was afterwards conjured up, and of which the exist
ence and the notoriety were equally a secret ! — a dis
affection which was at its height, at the very moment
¦when the Begums were dispensing their liberality to
the Nabob, and exercising the greatest generosity to
the English in distress ! — a disturbance without its
, parallel in history, which was raised by two women — :
carried on by eunuchs, and finally suppressed by an
affidavit/!.' No one, my lords, can contemplate the seizure of
this treasure with the attendant circumstances of
aggravation, without being struck with horrour at
the complicated wickedness of the transaction.
We have already seen the noblest heroism and
magnanimity displayed by the mother Begum *
It was she, my lords, you will recollect who ex
tricated by the most generous interposition her hus
band Sujah Dowlah from the rigours of his fortune
after the fatal battle of Buxar. She even saved her
son, the reigning nabob from death at the imminent
hazard of her own life. She, also as you know,
gave to her son his throne. A son so preserved,
and so befriended, Mr. Hastings did arm against his
benefactress, and his mother. He invaded the rights
of that prince that he might compel him to violate the
laws of nature, and the obligations of gratitude, by
plundering his parent. Yes, my lords, it was the
prisoner who cruelly instigated the son against the
mother. That mother who had twice given life to
her son, who had added to it a throne, was, incredi-

THE IMPEACHMENT OF MR. HASTINGS. 421
ble as it may appear, by the compulsion of that man
at your bar, to whose guardianship she was be
queathed by a dying husband ; by that man who is
wholly insensible to every obligation which sets
bounds to his rapacity and his oppression was she
pillaged and undone ! But the son was not without his
excuse. In the moment of anguish, when bewailing
his hapless condition, he exclaimed that it was the En
glish who had driven him to the perpetration of such
enormities. " It is they who have reduced me. Th^y
have converted me to their use. They have made
me a slave to compel me to become a monster."
Let us now, my lords, turn to the negotiations
of Mr. Middleton with the Begums in 1778, when the
" discontents ofthe superiour Begum would have in
duced her to leave the country, unless her authority
was sanctioned and her prosperity secured by the gua
rantee of the company." This guarantee, the counsel of
Mr. Hastings have thought it necessary to deny, as
knowing, that if the agreements with the elder Begum
were proved, it would affix to their client the guilt of
all the sufferings of the women of the Khord Mahal,
the revenues for whose support were secured by the
same engagement. In treating this part of the sub
ject, the principal difficulty arises from the uncertain
evidence of Mr. Middleton, who, though concerned
in the negotiation of four treaties, could not recollect
affixing his signature to three out of that number,
It can, however, be shown, even by his evidence,
that a treaty was signed in October 1778, wherein the
rights of the elder Begum were fully recognised ;
a provision secured for the women and children of
the late Vizier in the Khord Mahal ; and that these
engagements received the fullest sanction of Mr.
Hastings. These facts are, moreover, confirmed
by the evidence of Mr. Purling, a gentleman who
delivered himself fairly, and as having no foul secrets
to conceal. Mr. Purling swears he transmitted copies
of these engagements in 1780, to Mr. Hastings at
Calcutta; the answer returned was, " that in arranging
the taxes on the other districts, he should pass over

422 MR. SHERIDAN'S SPEECH ON
the Jaghires of the Begums." No notice was then
taken of any impropriety in the transactions in 1778,
nor any notice given of an intended revocation of
those engagements. But in June 1781, when Gene
ral Clavering and Colonel Monson were no more,
and Mr. Francis had returned to Europe, all the
hoar d and arrear of collected evil burst out without
restraint, and Mr. Hastings determined on his jour
ney to the Upper Provinces. It was then, that,
without adverting to interrnediate transactions, he
met with the Nabob Asoph ul Doulah at Chunar, and
/received from him the mysterious present of 100,0001.
' To form a proper idea of this transaction, it is only
necessary to consider the respective situations of
him who gave and of him who received this present.
It was not given by the Nabob from the superflux of
his wealth, nor in the abundance of his esteem for
the man to whom it was presented. It was on the
contrary, a prodigal bounty, drawn from a country-
depopulated and sterilized by the grinding of oppres
sion. It was raised by an exaction, which took what
calamity had spared, and rapine overlooked, and
pursued the angry dispensations of Providence,
when a prophetick chastisement was inflicted on
a fated realm. The secrecy, which marked this
transaction is not the smallest proof of its criminality.
When Benarum Pundit had, a short time before,
made a present to the company of a lack of rupees,
Mr. Hastings, in his own language, deemed it " wor
thy the praise of being recorded." But in this instance,
when ten times that sum was given, neither Mr.
Middleton nor the council were acquainted with the
transaction, until Mr. Hastings, "four months after
wards, felt himself compelled to write an account of it
to England; and the intelligence returned thus circuit-
ously to his friends in India ! It is peculiarly observ
able in this transaction, how much the distresses of
the different parties were at variance. Mr. Hastings's
travel to the Nabob to see, no doubt, and inquire
into his distresses, but immediately takes from him
100,0001. to be applied to the necessities of the

THE IMPEACHMENT OF MR. HASTINGS. 423
distressed East India Company ; but on further deli
beration, these considerations vanish. A third ob
ject arises more worthy than either of the former,
and the money is taken from the one and demanded
from the other, to be applied to the use ofthe dis
tressed Mr. Hastings. This money, the prisoner
alleges was appropriated to the payment of the army.
But here he is unguardedly contradicted by the tes
timony, of his friend, major Scott, who shows it was
employed to no such purpose. My lords, through
all these windings of mysterious hypocrisy, and of
artificial concealment is it not easy to discern the
sense of hidden guilt? Driven from every other hold,
the prisoner is obliged to resort as a justification of
his enormities to the stale pretext of state necessity!
Of this last disguise it is my duty to strip him. I
will venture to say, my lords, that no one instance
of real necessity can be adduced. The necessity
which the prisoner alleges, listens to whispers for the
purpose of crimination, and deals in rumour to prove
its own existence. But state necessity is a tyrant
which, when it stalks abroad assumes a manly front,
manifest's its power, and acts at least with an open, if
not with a severe violence. Even where its rigoursare
suffered, its apology is also known ; and men accus
tomed to consider it in its true light, as a power
which never can be derived from a-just government,
are ready to submit in emergencies, where its exer
cise is calculated to prevent greater evils than it
occasions. But the state necessity of Mr. Hastings
is a juggle; it is a being that prowls in the dark ; it
is to be found in the ravages which it commits, but
never to be traced in the benefits conferred; or in
evils prevented. I can conceive justifiable occa
sions for the exercise even of outrage, in which
great publick benefits demand the sacrifice of pri.
vate right. To a general leading the armies' of Bri
tain ; to an admiral bearing her trident over the seas,
the plea of necessity may be indulged if, while devo
ting their blood to the service of their country, they
should in an imminent hazard, or pressing emmer-

424 MR. SHERIDAN'S SPEECH ON
gency, commit some act of violence. State neces*
sky! grand, magnanimous, and all commanding,
goes hand in hand with honour, if not with use.
I say, my lords, there is a state necessity which in
certain cases may be practised without the fear of
punishment or reprehension. Should a brave com
mander, fixed like an imperial eagle on the summit
of an assaulted rock, strip its sides of the verdure and
foliage with which it might be clothed, while immer
sed on the top in the thunders which he was success
fully pouring on the foe, would he be brought by the
house of commons to their bar ? No, my lords, ne
ver would his grateful and admiring countrymen
think of questioning actions which though accom
panied by private wrong, yet were warranted by real
necessity. But is the state necessity which is pleaded
by the prisoner in defence of his conduct, of this
description ? I challenge him to produce a single in
stance in which any of his private acts were produc
tive of publick advantage, or averted impending
evil. We come now to the treaty of Chunar, Which
preceded the acceptance of the bribe to which we
fhave already alluded. This transaction, my lords,
had its beginning in corruption, its continuance in
fraud, and its end in violence. The first proposition
ofthe Nabob, was, that our army should be removed
and all the English be recalled from his dominions. He
felt the weight of their oppression. He declared, to
use his own language, that " the English are the bane
and ruin of my affairs. Leave my country to myself
and all will yet be recovered." He was aware, my
lords, that though their predecessors had exhausted
his revenue ; though they had shaken the tree till
nothing remained upon its leafless branches, yet that
a new flight was upon the wing to watch the first
buddings of its prosperity, and to nip every promise
of future luxuriance. To the demands Ofthe nabob,
Mr. Hastings finally acceded. The bribe was the
price of his acquiesence. But with the usual perfidy
of the prisoner, this condition of the treaty never was

THE IMPEACHMENT OP MR. UASTINCS. 425
performed. You will recollect, my lords, that Mr.
Middleton was asked, whether the orders which were
pretended to be given for the removal of the English
were, in any instance, carried into effect? To this
question he refused at first to answer, as tending to
criminate himself. But when his objection was over
ruled, and it was decided that he should answer, so
much was he agitated, that he lost all memory. It
turned out, however, by an amended recollection,
that he never received any direct order from Mr.
Hastings. But, my lords, who can believe that a
direct order is necessary when Mr. Hastings wants
the services of Mr. Middleton ? Rely upon it, a
hint is sufficient to this servile dependant, and obse
quious parasite. Mr. Hastings has only to turn his
eye towards him, that eye at whose scowl princes turn
pale, and his wishes are obeyed.
But, my lords, this is not the only instance in
which the Nabob was duped by the bad faith of the
prisoner. In the agreement relative to the resumption
of the Jaghires, the prince had demanded and ob
tained leave to resume those of certain individuals.
But Mr. Hastings, knowing that there were some
favourites ofthe Nabob whom he could not be brought
to dispossess, defeated the permission without the
least regard to the existing stipulations to the contrary,
by making the order general.
Such, my lords, is the conduct of which Mr.
Hastings is capable, not in the moment of cold or
crafty policy, but in the hour of confidence, and
during the effervescence of his gratitude for a favour
received ! Thus did he betray the man to whose li
berality he stood indebted. Even the gratitude, my
lords, of the prisoner seems perilous. For, we be
hold here the danger which actually awaited the return
he made to an effusion of generosity !
The fact is, my lords, as appears from the clearest
evidence, that when Mr. Hastings left Calcutta he
had two resources in view, Benares and Oude. The
first having failed him, in consequence of the unex
pected insurrection which terminated, unhappily for
vol. i. 3 I

^426 mr. sheridan's speech on
him, in the capture of Bedjigar, he turned his atten
tion to Oude, previously, however, desolating the
former province which he was unable to pillage, de
stroying and cutting off the very sources of , life.
Thus frustrated in his original design, the genius of
the prisoner, ever fertile in expedients, fixed itself on
the treasures of the Begums, and now devised as an
apology for the signal act of cruelty and rapacity
which he was meditating, the memorable rebellion ;
and, to substantiate the participation of these unfortu
nate princesses in it, he despatched the chief justice
of India to collect materials. The. conduct of
Sir Elijah Impey in this business, with all deference
to the protest which he has entered against being
spoken of in a place where he cannot have the privi
lege of replying, I do not think ought to be passed
over without animadversion. Not that I mean to say
any thing harsh of this elevated character, who was
selected to bear forth and to administer to India the
blessings qf English j urisprudence. I will not ques
tion either his feebleness of memory, or dispute in
any respect the convenient doctrine which he has set
up in his vindication, "that what he should have
done, it is likely he actually did perform"
I have always thought, my lords, that the appoint
ment of the chief justice to so low and nefarious an
office as that in which he was employed, is one of
the strongest aggravations of Mr. Hastings's guilt.
That an officer, the purity and lustre of Whose cha
racter should be maintained even in the most domes-
tick retirement ; that he, who, if consulting the dig
nity of British justice, ought to have continued as sta
tionary as his court, at Calcutta ; that such an exalted
character, I repeat, as the chief justice of India should
have been forced on a circuit of five hundred miles for
the purpose of transacting such a business, was a degra
dation without an example, and a deviation from pro
priety which has no apology. But, my lords, this
is in some degree a question which is to be abstracted
" for the consideration of those who adorn and illumine
the seats of justice in Britain, and the, rectitude of

THE IMPEACHMENT OF MR. HASTINGS. 427
whose deportment precludes the necessity of any fur
ther observations on so opposite a conduct.
The manner, my lords, in whjch sir Elijah Impey
delivered his evidence deserves also your attention.
He admitted, you will recollect, that in giving it, he
never answered without looking equally to the proba
bility, and the fact in question. ' Sometimes he al
lowed circumstances of which he said, he had no
recollection beybhd the mere probability that they
had taken place. By consulting in this manner what
was probable, and the contrary, he may certainly
have corrected his memory at times. I am, at all
events, content to accept of this mode of giving his
testimony, provided that the converse of the propo
sition has also a place, and that where a circumstance
is improbable, a similar degree of credit may be sub
tracted from the testimony of the witness. Five
times in the house of commons, and twice in this
court, for instance, has sir Elijah Impey born tes
timony that a rebellion was raging at Fyzabad, at
the period of his journey to Lucknow. Yet on the
eighth examination he contradicted all the former,
and declared, that what he meant was, that the rebel
lion had been raging, and the country was then in
some degree restored to quiet. The reasons he
assigned for the former errours were, that he had
forgotten a letter received from Mr. Hastings, 'in
forming him that the rebellion was quelled, and that
he had also forgotten his own proposition of travelling
through Fyzabad to Lucknow. With respect to the
letter, nothing can be said, as it is not in evidence :
but the other observation can scarcely be admitted,
when it is recollected that in the house of Commons
Sir Elijah Impey declared, that it was his proposal
to travel through Fyzabad, which had originally
brought forth the intelligence that the way was ob
structed by the rebellion; and that in consequence
of it he altered his route and went by the way of Jlla-
habad. But what is yet more singular is, that on
his return he again would have come by the way of Fy
zabad, if he had npt been once more informed ofthe

428 MR. SHERIDAN'S SPEECH ON
danger. So that, had it not been for these friendly
informations, the chief justice would have run plump
into the very focus ofthe rebellion !
These, my lords, are the pretexts by which the
fiction of a rebellion was endeavoured to be forced
on the publick credulity. But the trick is now
discovered, and the contriver and the executor
are alike exposed to the scorn and derision of the
world. There are two circumstances here, which are
worthy of remark. The first is, that Sir Elijah
Impey, when charged with so dangerous a com
mission as that of procuring evidence to prove
that the Begums had meditated the expulsion of the
Nabob from the throne, and the English from Ben
gal, twice intended to pass through the city of their
residence. But, my lords, this giddy chief justice
disregards business. He wants to see the country.
Like some innocent schoolboy he takes the primrose
path and amuses himself as he goes. He thinks not
that his errand is in danger and death ; and that his
party of pleasure ends in loading others with irons."
When at Lucknow, he never mentions the affidavits
to the Nabob. No : he is too polite. Nor from the
same courtesy, to Mr. Hastings. He is, indeed, a
master qf ceremonies in Justice !
When examined, the witness sarcastically remark,
ed " that there must have been a sworn interpreter
from the looks of the manager." How I looked,
Heaven knows ! But such a physiognomist there is
no escaping. He sees a sworn interpreter in my looks !
He sees the manner of taking an oath in my, looks.
He sees the Bdsinoi the Ganges in my looks ! As for
himself, he looks only at the tops and bottoms oiaffida-.
vits ! In seven years he takes care never to look at
these swearings. But when he does examine them,
he knows less than before !
The other circumstance, my lords, to which I
have alluded, is,, that it is fair to presume that Sir
Elijah Impey was dissuaded by Mr. Hastings and
Middleton from passing by the way of Fyzabad, as

THE IMPEACHMENT OF MR. HASTINGS. 429
they well knew, that if he approached the Begums
he would be convinced by their reception of him as
the friend of v the governour general, that nothing
could be more foreign from the truth than their sus
pected disaffection. Neither should it escape your
notice, my lords, that while he was taking evidence
at Lucknow in the face of day, in support of the
charge of rebellion against the princesses, the chief
justice heard not a word either from the Nabob or
his minister, though he frequently conversed with
both, of any treasonable machinations, or plottings !
Equally unaccountable does it appear, that Sir Elijah
Impey, who advised the taking of these affidavits
for the safety of the prisoner at your bar, did not
read them at the time to see whether, or not, they
were adequate to this purpose.
At length it seems, he did read the affidavits, but
not till after having declared on oath that he thought
it unnecessary. To this he acknowledged he was
induced " by having been misled by one of the ma
nagers on the part of the commons, who by looking
at a book which he held in his hand, had entrapt him
to own that a sworn interpreter was present when he
received these affidavits, and that he was perfectly sa
tisfied with his conduct on the occasion."
Now, my lords, how I, by merely looking into a
book, could intimate the presence of an interpreter,
and could also look the satisfaction conceived by the
Chief Justice on the occasion, when it clearly appears
by the evidence, that there was no interpreter present,
are points which I believe he alone can explain.
I will concede to the witness, as he seems desirous
it should be done, that he did not strictly attend to
form', when taking these affidavits. I will admit,
that he merely directed the Bible to be offered to the
whites, and the Koran to the blacks, and packed up
their depositions in his wallet without any examina
tion ; or I will admit that he glanced them over in
India, having previously cut off all communication
between his eye and his mind, so that nothing was
transferred from the one to the other. Extraordinary

430 MR. SHERIDAN'S SPEECH ON
as these circumstances certainly are, I will neverthe
less admit them all, or if it be preferred by the pri
soner I will admit that the affidavits were legally and
properly taken. For in whatever light they may be
received, I will prove that they are not sufficient to
sustain a single allegation of criminality against those
they were designed to inculpate.
But it is to these documents, my lords, such as
they are, that the defence ofthe prisoner is principally
confided, and on the degree of respect which may be
given to them by your lordships does the event of
this trial materially depend.
Considered, therefore, in this view, I shall pre
sently solicit your lordships' attention while I examine
them at some length, and with some care. But be
fore I enter, into the analysis of the testimony, permit
me to remind the court that the: charge against the
princesses of Oude, to substantiate which these affida
vits were taken, consisted originally of two allegations.
They were accused of a uniform .spirit of hostility
to the British government, as well as the overt act of
rebellion. But, my lords, the first part of the charge
the counsel for the prisoner have been compelled to
abandon, not being able to get one fact out of the
whole farrago of these depositions to support it.
When the half of an accusation is thus deserted
for the want of proof, is it; not natural for us to
suspect thp whole ? I do not say that it absolutely
shows the falsity of it, nor do I mean to employ such
an argument. But I maintain that it should influence
the mind so far as to make it curious and severely
inquisitive into the other branch of the charge, and
to render it distrustful of its truth.
But in this particular, case the court have an addi
tional motive for jealousy and suspicion. It will not
escape the recollection of your lordships, in weigh
ing the validity oft the allegation which now remains
to be considered, namely, " that the Begums influ
enced the Jaghirdars, and excited the discontents in
Oude," what were the circumstances in which it
arose, and by whom it was preferred. You will bear

THE IMPEACHMENT. OF MR. HASTINGS. 431
'. vii' v & * '! ,. ; , .; . .', j, ,. " ''
in mind, my lords,; that .it appears in evidence,
that Mr. Hastings left Calcutta in the year 1781,
for the avowed purpose of collecting a large sum of
money, and that he had only two resources. Failing
in Benares, as we have already seen, he next lays his
rapacious hand on the treasures of the Begums. Here,
then, we have in the person of the prisoner both the
accuser and the judge. With much caution, there
fore, should this judge be heard who has apparently
at least, a profit in the conviction, and an interest in
the condemnation of the party to be tried. * I say
nothing of the gross turpitude of such a double cha
racter, nor of the frontless disregard of all those feel
ings which revolt at mixing offices so distinct and
incompatible. The next point which I wish to press on your lord
ships' consideration previously to my taking up the
affidavits is, the infinite improbability of the attempt
which is alleged to have been made by the Begums
to dethrone the Nabob and exterminate the English.
Estimating the power ofthe princesses at the highest
standard, it manifestly was not in their reach to ac
complish any overthrow decisive or even momentary,
of their sovereign, much less of the English. I am
not so weak, however, as to argue that because the
success of an enterprise seems impossible, and no
adequate reason can be assigned for undertaking it
that it will therefore never be attemped, or that
because the Begums having no interest in exciting a
rebellion, or sufficient prospect of succeeding in it,
they are innocent of the charge. I cannot look at
the prisoner without knowing and being compell
ed to confess, that there are persons of such a
turn of mind as to prosecute mischief without in
terest, and that there are passions of the human soul
which lead, without a motive, to the perpetration of
crimes. I do not, therefore, my lords, wish it to be under
stood that I am contending that the charge is render
ed, by the matter I have stated, absolutely false. All
I mean is, that an accusation made under such cir-

432 MR. SHERIDAN'S SPEECH ON
cumstances, should be received with much doubt
and circumspectioh, and that your lordships, remem
bering how it is preferred, will accompany me
through the discussion of the affidavits,- free and
uninfluenced by any bias derived from the positive
manner in which the guilt of the Begums has been
pronounced. We now come to the examination of this mass of
evidence, which Mr. Hastings conceives of so much
consequence to his acquittal, on the present charge.
In the defence which has been submitted to your
lordships, the prisoner complains most bitterly that
the. chief mover of the prosecution treated these afb>
davits in his peculiar manner. What the peculiar man
ner of my honourable friend* here alluded to, was, I
cannot tell. But I will say, that if he treated them in
any other way than as the most rash, irregular, and
irrelevant testimony which was ever brought before
a judicial tribunal he did not do as they deserved. The
prisoner has had moreover, the hardihood to assert
that they were taken for the purpose of procuring the
best possible information of the state of the country,
and of the circumstances of the insurrection, and
being, therefore, merely accessary evidence in the
present case, were entitled to more weight. This,
I declare, without hesitation, to be a falsehood. They
were taken, I aver, for the sole and exclusive purpose
of vindicating the plunder of the Begums.
They were taken to justify what was afterwards to
be done. Disappointed at Benares, he turned to the
remaining resource, the treasures ofthe princesses, and
prepared as a pretext for his meditated robbery, these
documents. I shall proceed to examine the affidavits severally
as far as they relate to the charge against the Begums. +
* Mr. Burke. a
t We pretend not to give more than a mere summary, and
that a very brief one, of this part of Mr.' Sheridan's speech.
In the discussion of these affidavits he was very copious ;
reading, comparing, and commenting on the whole with an

THE IMPEACHMENT OP MS. HASTINGS. 433
They* really contain, thy lords, nothing except vague
rumour and improbable surmise. It is stated, for exam
ple, by one of these deponents, a black officer in a regi
ment of Sepoys, that having a considerable number
of persons as hostages ih a fort where he Commanded,
who were sent thither by Col. Hannay, the Country
people surrounded the fort and demanded their release.
But instead of complying with their demand he put
twenty of these hostages to death ; and oh a subse
quent da^ that the heads of eighteen more were struck
off, including the head of a great rajah. That in
consequence of this last execution, the populace be
came exceedingly exasperated, and among the crowd
several persons were heard to say, that the Begums
had offered a reward ofa thousand rupees for the head
of every European ; one hundred for the head of every
sepoy officer, and ten for the head of a common sepoy.
Now, my lords, it appears pretty clearly that no such
reward was ever offered. -For, when this garrison
evacuated the fort, the people told captain Gordon
Who then commanded itj that if he would deliver up
his arms, and baggage, they would permit him and
his men to continue their march unmolested. So
little did the people, indeed, think of enriching
themselves by this process of decapitation, that when
the detachment of British forces was reduced to ten
men, and when of Course the slaughter of them would
have been a work of no danger or difficulty, they
were still permitted to proceed on their route without
any interruption i
uncommon degree of force, acuteness, tad eloquence ; some
times employing too, the severest sarcasm* and wit the most
pungent and brilliant.
Speaking Of the testimony of one ofthe Officers of the
army, who had given three affidavits in the same day, he
observed " that he had sVvorn once — then again- — and made
nothing of it : then comes he with another, and swears a third
time, and in company does better. Single handed, he can do
nothing — but succeeds by fitatoon sweai-ing, and volleys of
oaths !'l
VOL. I. 3 K

434 MR. SHERIDAN'S SPEECH ON
Captain Gordon, himself, supposes that the Begums-
encouraged the country people to rise, because,
when he arrived at the bank ofthe river Saunda Nutta
at the Opposite side of which stands the town of Nut
ta, the Fowzdar, or Governour, who commanded
there for the Bow Begum, in whose Jaghire the town.
lay, did not instantly send boats to carry him and his
men over the river, and because, the Fouzdar point
ed two or three guns across the river. Even admit
ting this statement to be true, I cannot see how it
is to affect the Begums. Where is the symptom of
hostility? Surely it was the duty ofthe commanding
officer of the fort not to let any troops pass until he
ascertained who they were, and for what purpose
they came. To have done otherwise would have
been unmilitary, and a violation of the most sacred
duties of his station. But, my lords, after a while
captain Gordon crosses the river, and finds himself
in a place of safety, as soon as he enters a town
which was under the authority ofthe Begums, where
he was treated with kindness, and afterwards sent
With a protecting guard to colonel Hannay. This
last circumstance which is mentioned in the first
affidavit of captain Gordon, is suppressed in the
second one, for what purpose, it is obvious. But
let us attend to the testimony of Hyder Beg Cawn,
who, as the minister of the Nabob was the person,
certainly, of all others, the best acquainted with the
transactions then passing in the country. Though
with every source of intelligence open to him, and
swearing both to rumour and to fact, he does net
mention a syllable in proof of the pretended rebellion
which was to dethrone his sovereign, nor even hint
at any thing ofthe kind.
Neither, my lords, is the evidence of the English
officers more conclusive. That of Mr. Middleton,.
Which has been so much relied upon, contains but *
single passage which is at all pertinent, and this is
not legal evidence. He says, " there was a general
report that the Begums had given much encourage
ment and some aid to the Jaghiredars in resisting the

THE IMPEACHMENT OF MB. HASTINGS. 435
resumption, and that he had heard there had been a
good disposition in them towards the Rajah Cheyt£,
Sing. His evidence is mere hearsay. He knows
nothing of himself. He saw no insurrection. He
met with no unfriendly dispositions. But on the
mere rumours which he has stated did this conscien-
eious servant of Mr. Hastings, with promptitude
execute the scheme of plunder which his master had
devised. The testimony °f Colonel Hanney is of the same
description. He simply states that "three Zemin
dars told him that they were credibly informed, that
the Begums had a hostile design against the Nabob.
When asked who these Zemindars were, he replied,
that he was not at liberty to disclose their names.
They had made the communication to him under
an express injunction of secrecy which he could not
violate. There is also the deposition of a Frenchman,
which is drawn up quite in the style of magnificence
and glitter which belongs to his nation. He talks of
having penetrated immeasurable wilds ; of having
seen tygers and other prowling monsters of the fo
rest ; of haying surveyed mountains, and navigated
streams; of having been entertained in palaces and
menaced with dungeons; of having heard a numBer
of rumours, but never saw any rebellious or hostile
appearances. Such, my lords, are the contents of these memo.
rable depositions, on which, the prisoner relies, as a
vindication of an act of the most transcendent rapa
city and injustice of which there is any record or
tradition. I know, my lords, that if I were in a court of law,
sitting merely to try the question of the validity of
this testimony, to rise in order to comment upon it,
I should be prevented from proceeding. By the
bench I should be asked,, " What do you mean to
do ? There is nothing in these affidavits upon which
we can permit you for a minute to occupy the time
af the court. There is not from the beginning to

4,$$ MR. she&idan's speech on
the end, one particle of legal, substantial, or even
defensible proof. There is" nothing except hearsay
pnd rurnour." But though,, my lords, I am persuad
ed that such Would be the admonition which I should
receive from the court, yet being exceedingly anxious
to inept eyery thing at your lordships' bar on which
the prisoner can build the smallest degree of depen
dance, I must pray your indulgence while I exa
mine separately the points which are attempted to be
set up by these affidavits.
They are three in number.
1. That the Begums gave assistance to Rajah
Cheyt Sing.
2. That they encouraged and assisted the Jaghi
redars to resist the resumption of the Jaghires. And
3. That they were the principal movers of aU the
commotions in Oude.
These, my lords, are the three allegations that
the affidavits are to sustain, at)d which are accompa
nied with the general charge that the Begums were
in rebellion.Ofthe rebellion here pretended,. I cannot, my lords,
find a trace. With the care and indefatigable industry of
an antiquary, hunting for some precious vestige which
is to decide the truth of his speculations, have I search
ed for the evidence of it. Though we have heard it
spoken of wiih as milch certainty as the one which
happened in Scotland in the year 1745, not the slight
est appearance of it can I discover. I am unable to
ascertain either the time when, or the place where it
raged. No army has been seen to collect ; no battle
to be fought ; no blood to be spilt. It was a rebel
lion of which the inhabitants of the province of Oude
had never heard.
Beginning in nothing, it continued without raging,
and ended as it originated!
If, my lords, rebellions of this mysterious nature
can happen, it is time for us to look about us. Who
can say that one does not now exist, which menaces
our safety ? Perhaps at the very moment I am speak
ing one ravages our city, Berhaps it may be lying

THE IMPEACHMENT OF MR. HASTINGS. 437
perdue in a neighbouringvillage. Perhaps, like the
ostentatious encampment which has given celebrity
to Brentford and Ealing it may have fixed its quar
ters at Hammersmith, or Islington, ready to pour
down its violence at the approach of night !
But, my lords, let us endeavour to fix the time
when this horrid rebellion occurred. To the first of
August 1781, it is. clear there was none. At this
date letters were received from colonel Morgan» ^-ye
commanding officer in Oude, who is silent on the
subject. On the 27th of September he gives an ac
count of some insurrections at Lucknow, but of none
at Fyzabad. Nearly of the same date there is a letter
from Major Hanney, then at the Rajah's court, in
which the state of his affairs are described, but no sus
picion expressed of his being assisted by the Begums.
At this time, therefore, there was certainly no re
bellion, or disaffection displayed. Nay, we find on
the contrary, the nabob going to visit his mother,
the very princess who is charged with revolting against
his authority. But, my lords, it is alleged that he
was attended by two thousand horse, and the infe
rence is drawn by the counsel of the prisoner that he
took this military force to quell the insurrection ; to
confirm which, they appealed to Mr. Middleton, who
being asked whether these troops were well appointed,
caught in an instant, a gleam of martial memory,*
and answered in the affirmative. Unfortunately, how
ever, for the martial memory of Mr- Middleton, it is
stated by captain Edwards who was with the nabob as
his aid-de-camp, that there were not more than five or
six hundred horse, and these so bad, and miserablv
equipped that they were unable to keep up with him,
so that very few were near his person, or within the
reach of his command. That of these few, the most
were mutinous from being ill paid, and were rather
disposed to promote than put down any insurrection.
But, my lords, I will concede to the prisoner the foil
* Alludes to Mr. Middleton having declared on a former
occasion, that he had ho memory for military affairs.

438 <MR. SHERIDAN'S SPEECH ON
amount of military force for which he anxiously con
tends. I will allow the whole two thousand cavalry
to enter in a gallop into the very city of Fyzabad.
For, has not captain Edwards proved that ^they were
only the usual guard of the Nabob ? Has not, more
over, Mr. Middleton himself declared, rather indis*
creetly I confess, " that it is the constant custom of
the princes of India to travel with a great equipage,
and that it would be considered an unpardonable dis
respect to the person visited were they to come unes
corted." This, my lords, is really the truth. The
Indian princes never perform a journey without a
splendid retinue. The habits ofthe East require osten
tation and parade.
They do not as the princes of Europe, who some
times from one motive, and sometimes from another ;
at times from political views, and at times from cu
riosity, travel, some to France to learn manners, and
others to England to learn liberty, choose to be re
lieved from the pomps of state, and the drudgery of
equipage. But, my lords, perhaps, in this instance
the Nabob wishing to adapt himself to the service on
which he was going, did dispense with his usual
style. ¦ Hearing of a rebellion without an army, he
may have thought that it could only with propriety
be attacked by a prince without a guard.
It has also been contended, my lords,J in proof of
this rebellion that one thousand Nudgies were rai
sed at Fyzabad and sent to the assistance of Cheytt
Sing. It is deemed a matter of no consequence that the
officer second in command to the Rajah, has posi
tively sworn that these troops came from Lucknow,
and not from Fyzabad. This, the prisoner wishes to
have considered as only the trifling mistake of the
name of one capital for another. But he has found
it more difficult to get over the fact which has been
attested by the same witness, that the troops were
of a different xJescription from those in the service
of the Begums, being matchlock, and not swords
men.

THE IMPEACHMENT OF MR. HASTINGS. 439
It is, therefore, manifest that the troops were not
furnished by the princesses, and it seems highly pro
bable that they did come from Lucknow; not that
they were sent by the Nabob, but by some of the
powerful Jaghiredars who have uniformly avowed an
aversion to the English.
It has been more than once mentioned, by some
of the witnesses, my lords, that Sabid Ally, the
ydunger son of the Bow Begum was deeply and
criminally concerned in these transactions. Why was
he, therefore, permitted to escape with impunity?
To this question Sir Elijah Impey gave a very satis
factory answer, when he informed us that the young
man was miserably poor and a bankrupt. Here is a
complete solution of the enigma. There never en
ters into the mind of Mr. Hastings a suspicion of trea
son where there is no treasure.
Sabid Ally found, therefore, protection in his
poverty, and safety in his insolvency. My lords, the
political sagacity of Mr. Hastings exhibits the con
verse of the doctrine which the experience of history
has established. Hitherto it has generally been deem
ed that the possession of property attaches a person
to the country which contains it, and makes him cau
tious how he hazards any enterprise which might be
productive of innovation, or draw upon him the sus
picion, or displeasure of government, and that, on
the contrary, the needy having no permanent stake,
are always desperate, and easily seduced into com
motions which promise any change. But, my lords,
the prisoner inverting this doctrine, has, in the true
spirit of rapacity and speculation which belongs to
him never failed to recognise loyalty in want, and
to discern treason ih wealth.
Allow me, now, my lords, to lay before you some
of those proofs which we have collected of the steady
friendship, and good dispositions of the Begums to
the English interests. I have in my hands a letter
from one of them, which I will read, complaining of
the cruel and unjust suspicions that were entertained

44© MR. SHERIDAN'S SPEECH Otf
of her fidelity.* Your lordships must perceive the
extraordinary energy which the plain and simple lan
guage of truth gives to her representations. Her
complaints are eloquence; her supplications persua
sion; her remonstrances conviction.
I call, moreover, the attention ofthe Court to the
interference of the Bow Begum in behalf of captain
Gordon by which his life was saved, at a moment,

* The following is the letter sw The disturbances of
Colonel Hannay and Mr. Gordan Were made a pretence for
seizing my Jaghire. "Phe state of the matter is this : —
When Colonel Hannay was by Mr. Hastings ordered to
march to Benares during the troubles of Cheyt Sing, the
colonel, who- had plundered the whole country, was inca--
ftable of firoceeding, from the union of thousands of Zemin
dars,' who had seized this favourable ' opportunity. They
harrassed Mr. Gordon] near Junivard, and the Zemindars of
that place and Acherpore opposed his march from thence,
till he arrived near Saunda. As the Saunda Nutta, from its
overflowing, was difficult to cross without a boat, Mr. Gordon
sent to the Fouzdar to supply him. He replied, the boats
were all in the river; but. would assist him, according to
orders, as soon as possible. Mr. Gordon's situation would
not admit of his waiting ; he forded the Nutta upon his ele
phant, and was hospitably received and entertained by the
Fouzdar for six days. In the mean time, a letter was receiv
ed byme from Colonel Hannay, desiring me to escort Mr.
Gordon to Fyzabad. As my friendship. for the English was
always sincere I readily complied, and sent some companies
of Nejeebs to escort Mr. Gordan and all his effects to Fyza
bad; where, having provided for his entertainment, I effect
ed his junction with Colonel Hannay. The letters of thanks
received from both these gentlemen, upon this occasion, are
still in my possession, copies of which I gave in charge to
Major Gilpin to be delivered to Mr. Middleton, that he might ,
forward them to the governoiir general. To be brief, those
who have loaded me with accusations, are now clearly con
victed of falsehood. But is it not extraordinary, that, not
withstanding the justness of my cause, nobody relieves my
misfortunes ! My prayers have been constantly offered to
Heaven for your arrival. Report has announced it, for which
reason I have taken up the pen, and request you will not
place implicit confidence in my accusers', but weighing in the
scale of justice their falsehood and my representations, you will
exert your influence in putting a period to the misfortune1!
with which I am overwhelmed."

THE IMPEACHMENT OF MR. HASTINGS. 441
when if the princesses wished to strike a blow against
the English, they might have done it with success.
This man, whose life was thus preserved, and who,
in the first burst of the natural feelings of the heart,
poured forth his grateful acknowledgments of the
obligation, afterwards became the instrument of the
destruction of his protectress. I will produce the
letter wherein he thanks her for her interference, and
confesses that he owes his life to her bounty.f
It has been asked with an air of some triumph,
why captain Gordon was not called toi the bar ? Why
call him to the bar ? Would he not, as he has done
in his affidavit, suppress the portion of testimony we
require f
I trust that he may never be brought to swear in
this case till he becomes sensible of his guilt, and
feels an ardent contrite zeal to do justice to his
benefactress, and to render her the most ample
atonement for the injuries which she has sustained
by his ingratitude and wickedness*
The conduct of captain Gordon, in this instance,
is so astonishingly depraved, that I confess I am in
some degree disposed to incredulity. I can scarcely
believe it possible, that, after having repeatedly ac
knowledged that he owed his life and liberty to
her beneficent hand, he could so far forget these
obligations as spontaneously, and of his own free
will to come forward, and expend a part of that
breath which she had preserved in an affidavit by
which her ruin was to be effected ! My knowledge of
the human heart will hardly permit me to think
that any rational being could deliberately commit
t Mr. Sheridan read the following letter.—" Begum Saib,
of exalted dignity and generosity, &c. whom God preserve.
After presenting the usual compliments of servitude, &c.
in the customary manner, my address is presented. Your
gracious letter, in answer to the petition of your servant from
Goondah, exalted me. From the contents I became un
speakably impressed with the honour it conferred. May the
Almighty protect that royal purity, and bestow happiness,
increase of wealth and prosperity.  The welfare of your
servant is entirely owing^to your favour and benevolence, &c. ifc,
V01. I. 3 L

442 MR. SHERIDAN'S SPEECH ON
an act of such wanton atrocity. I must imagine
that there has been some scandalous deception. That,
led on by Mr. Middleton, he made his deposi
tion, ignorant to what purpose it would be applied.
Every feeling of humanity recoils at the transaction
viewed in any other light. It is incredible that any
intelligent person could be capable of standing up in
the presence of God, and of exclaiming, " To you,
my benevolent friend, the breath I now draw, next
to Heaven, I owe to you. My existence is an ema
nation from your bounty. I am indebted to you be
yond all possibility of return, and therefore my gra
titude shall be your destruction,"
If, my lords, I am right in my conjecture that
captain Gordon was thus seduced into the overthrow
of his benefactress, I hope he will present himself
at your bar, and by stating the imposition which was
practised upon him, vindicate his own character and
that of human nature from this foul imputation.
The original letters which passed on this occasion,
between captain Gdrdon and the Begum, were trans
mitted by her to Mr. Middleton for the purpose of
being shown to the governour general. These letters
Mr. Middleton endeavoured to conceal. His letter
book,, into which they were transcribed, is despoiled
of those leaves which contained them. When ques
tioned about them, he said that he had deposited
Persian copies of the letters in the office at Luck
now ; and that he did not bring translations of them
with him to Calcutta, because he left the former
city the very next day after receiving the originals.
But, my lords, I will boldly assert, that this pretext
is a black and barefaced perjury. It can be proved
that Middleton received the letters at least a month
before he departed from Lucknow. He left that city
on the 17th of October, and he received them on
the 20th of the preceding month. Well aware that
by these documents the purity of the Begums' inten
tions would be made manifest ; that while accused
of disaffection their attachment was fully displayed,
he, as their punishment was predetermined, found

THE IMPEACHMENT OF MR. HASTINCS. 443
it necessary to suppress the testimonials of their inno
cence. But, my lords, these letters, covered as they
were by every artifice which the vilest ingenuity could
devise to hide them have been discovered, and are
now bared to view by the aid of that Power to whom
all creation must bend — to whom nothing, in the
whole system of thought or action, is impossible;
who can invigorate the arm of infancy with a giant's
nerve; who can bring light out of darkness, and
good out of evil ; can view the confines of hidden
mischief, and drag forth each minister of guilt from
amidst his deeds of darkness and disaster, reluctant,
alas! and unrepenting, to exemplify at least, if not
atone, and to qualify any casual sufferings of inno
cence by the final doom of its opposite ; — to prove
there are the never failing corrections of God, to
make straight the obliquity of man !
My lords, the prisoner in his defence has ascribed
the benevolent interposition of the Begum in favour
of captain Gordon' to her knowledge of the successes
ofthe English. This is an imputation as ungenerous
as it is false. The only success which the British troops
met with, at this time, was that of Colonel Blair, on
the 3d of September, but he himself acknowledged
that another victory gained at such a loss, w,ould be
equal to a defeat. The reports that were circulated
throughout the country, so far from being calculated
to strike the Princesses with awe ofthe English, were
entirely the reverse. These were, that Mr. Hastings
had been slain at Benares, and that the English had
sustained the most disastrous defeats.
But, my lords, to remove every doubt from your
minds, J will recur to what never fails me, the evi
dence of the prisoner against himself.
In a letter to the council, which is on record, he
confesses that from the 22d of August to the 22d of
September, he was confined in a situation of the ut
most hazard ; that his safety during this period was
exceedingly precarious, and that the affairs of the
English were generally thought to be unfavourable
in the extreme, In his defence, however, Mr. Has-

444 MR. SHERIDAN'S SPEECH ON
tings has forgotten entirely these admissions. It
certainly appears that the Princesses demonstrated
the firmness of their attachment to the British,
not in the season of prosperity, or triumph ; not from
the impulse of fear, nor from the prospect of future
protection, but that they, with a magnanimity almost
unexampled, came forward at a moment when the
hoard of collected vengeance was about to burst over
our heads ; when the measure of European guilt in
India was completely filled by the oppressions which
had just been exercised on the unfortunate Cheyt
Sing, and when offended Heaven seemed at last
to interfere to change the meek dispositions of the
natives; to awaken their resentment; and to inspirit
their revenge.
On the second allegation, my lords, namely, that
the Begums encouraged and aided the Jahiredars,
I do not think it necessary to say much. It is evi
dent from the letters of Mr. Middleton that no such
aid was required to awaken resentments which must
indeed unavoidably have arisen from the nature of an
affair in which so many powerful interests were in
volved. The Jaghires depending were of an immense
amount, and as their owners by the resumption of
them would be at once reduced to poverty and distress^
they wanted surely no new instigation to resistance.
It is ridiculous to attempt to impute to the Begums,
without a shadow of proof, the inspiring of sentiments
which must inevitably have been excited in the breast
of every Jaghiredar by the contemplation ofthe injury
and injustice which were intended to be done him.
Reluctant to waste the time of the court, I will dis
miss the discussion of this charge by appealing to
your lordships individually to determine, whether on
a proposal being made to confiscate your several
estates, and the cases are precisely analogous, the
incitements of any two ladies of this kingdom would
be at all required to kindle your resentments, and to
rouse you to opposition?

THE IMPEACHMENT OF MR. HASTINCS. 445
The commotions, my lords, which prevailed in
Oude have also been attributed to the Begums, and
constitute the third and remaining allegation against
them. But these disorders I confidently aver, were,
on the contrary, the work of the English, which I
will show by the most incontestible evidence.
They were produced by their rapacity and violence,
and not by the " perfidious artifices" of these old wo
men. To drain the province of its money, everyj
species of cruelty, of extortion, of rapine, of stealth,
was employed by the emissaries of Mr. Hastings.
The Nabob perceiving the growing discontents among
the people, and alarmed at the consequences, endea
voured by the strongest representations, to rid his
devoted country of the oppressions of its invaders,
and particularly from the vulture grasp of Colonel
Hanney ; swearing by Mahomet, that if *' this tyrant
were not removed he would quit the province,*' as a
residence in it was no longer to be endured. Thus
this mild people suffered for a while in barren anguish,
and ineffectual bewailings. At length, however,'
in their meek bosoms, where injury never before begot
resentment, nor despair aroused to courage, increased
oppression had its effect. They determined on re
sistance. They collected round their implacable foe,
and had nearly sacrificed him. So deeply were they
impressed with the sense of their wrongs, that they
would not even accept of life from their oppressors.
They threw themselves on the swords of the soldiery,
and sought death as the only termination of their sor
rows and persecutions. Of a people thus injured,
and thus feeling, it is an audacious fallacy to attribute
their conduct to any external impulse. My lords,
the true cause of it is to be traced to the first born
principles of man. It grows with his growth; it
strengthens with his strength. It teaches him to un-.
derstand ; it enables him to feel. For where there is
human fate, can there be a penury of human feeling ?
Where there is injury, will there not be resentment ?
Is not despair to be followed by courage. The God
of battles pervades and penetrates the inmost spirit of

446 MR. SHERIDAN'S SPEECH ON
man, and rousing him to shake off the burthen that
is grievous, and the yoke that is galling, reveals
the law written in his heart, and thexluties and privi
leges of his nature.
If, my lords, a stranger had at this time entered the
province of Oude, ignorant of what had happened
since the death of Sujah Dowlah, that prince who
with a savage heart had still great lines of character,
and who with all his ferocity in war, had with a cul
tivating hand preserved to his country the wealth
which it derived from benignant skies, and a prolifick
soil ;j if observing|the wide and general devastation •£
fields unclothed and brown ;ja£ vegetation burnt up and
extinguished ; .ef villages depopulated and in ruin ;
of temples unroofed and perishingj -of reservoirs
broken down and dry, this stranger should ask, What
has thus laid waste this beautiful and opulent land ;
what monstrous madness has ravaged with wide spread
war ; what desolating foreign foe ; what civil discords ;
what disputed succession); what religious zeal ; what
fabled monster has stalked abroad, andCwith malice
and mortal enmity to man,) withered by the grasp of
death every growth of nature and humanity, tallhmeans
of delight ,) jp^each-joriginai, simple principle of bare
existence ? The answer would have been : Not one
of these causes ! No wars have ravaged these lands
and depopulated these villages!! No desolating foreign
foe ! no domestick broils !fno disputed succession J .
no religious ^uperserviceablej zeal! no poisonous
monster ! no affliction of Providence, which, while
it scourged us, cut off the sources of resuscitation !
No — This damp of death is the mere effusion of
British amity ! We sink under the pressure of their
support ! We writhe under their perfidious gripe !
They have embraced us with their protecting arms,
and lo ! these are the fruits of their alliance !
What then, my lords, shall we bear to be told that
under such circumstances, the exasperated feelings
ofa whole people, thus spurred on to clamour and
resistance were excited by the poor and feeble influ
ence of ' the Begums? [ After hearing the description

THE IMPEACHMENT OF MR. HASTINGS. 447
given by an eye witness * of the ^paroxism of] fever
and delirium into which despair threw the natives
when on the banks of the polluted Ganges, t panting
for death, they tore more widely open the lips of their
gaping wounds, to accelerate their dissolution; and
while their blood was issuing, presented their ghastly
eyes to Heaven, breathing their last and fervent prayer
that the dry earth might not be suffered to drink their
blood, but that it might rise up to the throne of God,
and rouse the eternal Providence to avenge the wrongs
of their country,, will it be said that all this was
brought about by the incantations of these Begums
in their secluded Zenana ? or that they could inspire
this enthusiasm and this despair into the breasts of
a people who felt no grievance, and had suffered no
torture? What motive then could have such influ
ence in their bosoms? What motive! That which
nature, the common parent, plants in the bosom of
man, ahd^which, though it may be less active in the
Indian than in the Englishman, is still congenial
with, and makes a part of his being. That feeling
which tells him, that man was never made to be the
property of man; but that, when in the pride and
insolence of power, one human Creature dares to
tyrannize over another, it is a power usurped, and
resistance is a duty. That principle which tells him
that resistance to power usurped is not merely a duty
which he owes to himself and to his neighbour, but a
duty which he owes to his God in asserting and main
taining the rank which he gave him in his creation.
That principle, which neither the rudeness of igno
rance can stifle, nor the enervation of refinement ex
tinguish ! jThat principle which makes it base for a
man to suffer when he ought to act; whichjjtendihg
to preserve to the species the original designations
of Providencejj spurns at the arrogant distinctions of
man, and indicates the independent quality of his
race. " Major Nailor, the successour to Colonel Hanney as com
mander of the British troops in Oude.

448 MR. SHERIDAN'S SPEECH ON
I trust, now, that your lordships can feel no hesi
tation in acquitting the unfortunate Princesses of this
allegation. But though the innocence of the Begums
may be confessed, it does not necessarily follow, I
am ready to allow, that the prisoner must be guilty.
There is a possibility that he might have been deluded
by others, and incautiously led into a false conclu
sion. If this be proved, my lords, I will cheerfully
abandon the present charge. But if, on the other
hand it shall appear, as I am confident it will, that in
his subsequent conduct there was a mysterious con
cealment denoting conscious guilt; if all his narrations
of the business be found marked with inconsistency
and contradiction, there can be, I think, a doubt no
longer entertained of his criminality.
It will be easy, my lords, to prove that such con
cealment was actually practised. From the month of
September, in which the seizure ofthe treasures took
place, till the succeeding January, no intimation
whatever was given of it by Mr. Hastings to the
council at Calcutta. But, my lords, look at the
mode in which this concealment is attempted to be
evaded. The first pretext is tlie want of leisure !
Contemptible falsehood ! He could amuse his fancy
at this juncture with the composition of Eastern
Tales, but to give an account of a rebellion which
convulsed an empire, or of his acquiring so large an
amount of treasure, he had no time. ¦'
The second pretext is, that all communications
between Calcutta and Fyzabad was cut off. This is
no less untrue. By comparing dates it will be seehi^
that letters, now in our possesstiJH, 'passed at thi^r
period between Mr. Middle tonvjlfid the prisonel^f
Even Sir Elijah Impey has unglrardedly declared"
that the road leading from the one city to the other
was as clear from interruption as that between Lon
don and any ofthe neighbouring villages. So satisfied
am I, indeed, on this point, that I am willing to laff
aside every other topick of criminality against the pri
soner, and to rest this prosecution alone on the ques
tion ofthe validity of thereasons assigned for the con-

THE IMPEACHMENT OF MR. HASTINGS. 449
cealment we have alleged* Let those, my lords, who
still retain any doubts on the subject turn to the prison
er's narrative of his journey to Benares. They will
there detect amidst a motly mixture of cant and mys
tery, of rhapsody and enigma, the most studious
concealment. It may, perhaps, be asked, " Why did Mr. Has
tings use all these efforts to veil this business fThough
it is not strictly incumbent on me to give an answer
to the question, yet I will say that he had obviously
a reason for it. Looking to the natural effect of deep
injuries on the human mind, he thought that oppres
sion must beget resitance. The attempt which the
Begums might be driven to make in their own de
fence, though really the effec t, he was determined to
represent as the cause of his proceedings. He was
here only repeating the experiment which he so
successfully performed in the case , of Cheyt Sing.
Even, when disappointed in those views by the
natural meekness and submission of the Princesses,
he could not relinquish the scheme ; and heiice in his
letter to the court of Directors, January 5th, 1782, he
represents the subsequent disturbances in Oude as
the cause of the violent measures he had adopted two
months previous to the existence of these disturb
ances! He there congratulates his masters on the
the seizure of the treasures which he declares, by
the law of Mahomet were the property of Asoph ul
Dowlah. My lords, the prisoner more than once assured the
house of commons that the inhabitants of Asia be
lieved him to be a preternatural being gifted with good
fortune, or the peculiar favourite bf Heaven, and that
Providence never failed to take up and carry, by wise,
but hidden means, every project of his to its destined
end. Thus, in this blasphemous and vulgar puritanical
jargon, did Mr. Hastings libel the course of Provi
dence. Thus according to him, when his corruptions
and briberies were on the eve of exposure, Providence
inspired the heart of Nunflucomar to commit a low,
vol. i. 3 m

450 MR. SHERIDAN'S SPEECH OS?
base crime, in order to save him from ruin. Thus
also, in his attempts on Cheyt Sing, and his plunder
of the Begums, Providence stepped . forth, and in
spired the one with resistance ahd the other with rebel
lion, to forward his purposes. Thus, my lords, did
he arrogantly represent himself as a ma") not only ^e
favourite of Providence, but as one for whose sake
Providence departed from the eternal course of its
own wise dispensations, to assist his administration,
by the elaboration of all that is deleterious and ill ; hea
ven-born forgeries-^-inspired treasons — Providential
rebellions ! arraigning that Providence
" Whose works are goodness, and whose ways are right.''
It does undoubtedly, my lords, bear a strange ap
pearance, that a man of reputed ability, like the pri
soner, even when acting wrongly should have re
course to so many bungling artifices, and spread so
thin a veil over his deceptions. But those who are
really surprised at this circumstance must have attend
ed very little to the demeanour of Mr. Hastings.
Through the whole of his. defence upon this charge,
sensible that truth would undo him, he rests his hopes
on falsehood. Observing this rule he has drawn to
gether a set of falsehoods without consistency, and
without connexion ; not knowing, or not remember
ing, that there is nothing which requires so much
eare in the fabrication as a system of lies. The series
must be regular and unbroken ; but his falsehoods are
eternally at variance, and demolish one another. In
deed, in all his conduct,- he seems to be actuated but
by one principle, to do things contrary to the esta
blished form. This architect militates against the
first principles of the art. He begins with the frieze
and the capital, and lays the base of the column at
the top. Thus turning his edifice upside down, he
plumes himself upon the novelty of his idea till it
comes tumbling about his ears. Rising from these
ruins, he is soon found -rearing a similar struc
ture. He delights in difficulties, and disdains a
plain and secure foundation. He loves on the con
trary, to build on a precipice, and to encamp on a

THE IMPEACHMENT OF MR. HASTINGS- 451
mine . Inured to falls, he fears not danger. Frequent
defeats have given him a hardihood, without impress
ing a sense of disgrace.
It was once, my lords, a maxim as much admitted i
in the practice of common life, as in the schools of \
philosophy, that where Heaven is inclined to destroy
it begins with phrenzying the intellect. " Quern
Deus vult perdere prius dementat." This doctrine
the right honourable manager* who opened generally
to your lordships the articles of impeachment still
further extended. He declared that the co-existence
cf vice and prudence, was incompatible. That the
vitious man being deprived of his best energies, and
curtailed in his proportion of understanding, was
left with such a short sighted penetration as could lay
no claim to prudence. This is the sentiment of my
noble and exalted friend whose name I can never
mention but with respect and admiration due to his
virtue and talents ; whose proud disdain of vice: can
only be equalled by the ability with which he exposes
and controls it ; to whom I look Up with homage !
whose genius is commensurate to philanthropy ; whose
memory will stretch itself beyond the fleeting objects
of any little partial shuffling — through the whole wide
range of human knowledge and honourable aspiration
after good- — as large as the system which forms life — -
as lasting as those objects which adorn it. But in this
sentiment, so honourable to my friend, I cannot im
plicitly agree, If the true definition of prudence be
the successful management and conduct of a purpose
to its end, I can at once bring instances into view
where this species of prudence belonged to minds
distinguished by the atrocity of their actions. When
I survey the history of a Philip of Macedon, of a
Cesar, of a Cromwell, I perceive great guilt succes-
fully conducted, if not by legitimate discretion, at
least, by a, consummate craft, or by an all command
ing sagacity productive of precisely the same effects.
These, however, I confess were isolated characters,
who left the vice that dared to follow either in the
* Mr. Burke.

452 MR. SHERIDAN'S SPEECH ON
state of dependent vassalage, or involved it in de
struction. Such is the perpetual law of nature, that
virtue, whether placed in a circle more contracted or
enlarged, moves with sweet concert. There is no
dissonance to jar ; no asperity to divide ; and that har
mony which makes its felicity, at the same time consti
tutes its protection. Of vice, on the contrary, the
parts are disunited, and each in barbarous language
clamours for its preeminence. It is a scene where,
though one domineering passion may have sway, the
others still press forward with their dissonant claims,
and in the moral world, effects waiting on their causes,
the discord which results, of course, ensures the de
feat. In this way, my lords, I believe the failure of Mr.
Hastings is to be explained, and such I trust will be
the fate of all who shall emulate his character qr his
conduct. The doctrine of my friend, from what I have said,
can therefore hold only in those minds which cannot
be satisfied with the indulgence of a single crime,
where, instead of one base master passion having the
complete sway, to which all the faculties are subject,
and on which alone the mind is bent, there is a com
bustion and rivalry among a number of passions yet
baser, when pride, vanity, avarice, lust of power,
cruelty, all at once actuate the human soul and dis
tract its functions; all of them at once filling their
several spaces, some in their larger, some in their
more contracted orbits ; all of them struggling for
preeminence, and each counteracting the other. In
such a mind, undoubtedly, great crimes can never
be accompanied by prudence. There is a fortunate
disability, "occasioned by the contention, that rescues
the human species from the villany of the intention.
Such is the original denunciation of nature. Not
so with the nobler passions. In the breast where
they reside, the harmony is never interrupted by the
number. A perfect and substantial agreement gives
an accession of vigour to each, and spreading their
influence in every direction, like the divine intelligence
and benignity from which they flow, they ascertain it

THE IMPEACHMENT OF MR. HASTINGS. 453
to the individual by which they are possessed, and
communicate it to the society of which he is a mem
ber. My lords, I shall now revert again to the claims
made on the princesses of Oude. The council for
the prisoner have laboured to impress on the court the
idea that the Nabob was a prince sovereignly indepen
dent, and in no degree subject to the control' of Mr.
Hastings. But, after the numberless proofs we have
adduced of his being, on the contrary, a mere cypher
in the hands of the governour general, )'our lordships*
will require of them, to create such a conviction on
your minds, much more conclusive evidence than ahy
which they have hitherto presented. I believe, both
as regards the resumption of the Jaghires, and espe
cially the seizure ofthe treasures, they will find it
very difficult to show the independence of the prince.
It has, my lords, been strenuously contended on
our parts, that the measure of seizing the treasures
originated with the prisoner, and in maintenance of
the position we have brought forward a chain of tes
timony clear, and we think, satisfactory. But the
counsel for the prisoner, on the other hand, assert
with equal earnestness, that the proposition for seizing
the treasures, came originally from the Nabob. It
is therefore "incumbent on them to support their asser
tion by proof, as we have done. Certainly the best
evidence of the fact, would be the exhibition of the
letter of the Nabob to Mr. Hastings, in which they
allege the proposition was ma*de. Why then is not
this document, which must at once settle all disputa
tion on the subject, produced % The truth is, there
is no such letter. I peremptorily deny it, and chal
lenge the prisoner and his counsel to produce a letter
or paper containing any proposition of the kind,
coming immediately from the prince.
My lords, the seizure of the treasures and the
Jaghires was the effect of a dark conspiracy, in which
six persons were concerned. Three of the conspira
tors were of a higher order. These were Mr.
Hastings, who may be considered as the principal and

454 . MR. SHERIDAN'S SPEECH ON
leader in this black affair, Mr. Middleton, the En
glish resident at Lucknow, and Sir Elijah Impey.
The' three inferiour or subordinate conspirators were,
Hyder Beg Khan, the nominal minister of the Nabob,
but in reality the creature of Mr. Hastings, Colonel
Hahney, and Ali Ibrahim Khan.
Sir Elijah Impey was intrusted by Mr, Hastings
to carry his orders to Mr. Middleton, and to concert
with him the means of carrying them into- execution.
The Chief Justice, my lords, being a principal actor in
the whole of this iniquitous business, it will be neces
sary to takes notice of some parts ofthe evidence which
he has delivered upon oath, at your lordships' bar.
When asked, what became of the Persian affidavits,
sworn before him, after he had delivered them to Mr.
Hastings? he replied, that he really did not know..
He was also asked, if he had them translated, or
knew of their having been translated, or had any
conversation with Mr. Hastings on the subject of the
affidavits? He replied, " That he knew nothing at
all of their : having been translated, and that he had
no conversation whatever with Mr. Hastings on the
subject of the affidavits, after he had delivered them
to him." He was next asked, whether he did not
think it a little singular, that he should not have held
any conversation with the governour general, on a
subject of so much moment as that of the affidavits
which he had taken ? His answer was, " That he did
not think it singular, because he left C.hunar the very
day after he delivered the affidavits to Ms. Hastings.^
By this answer the witness certainly meant that it
should be understood, that when he quitted Chunar
he left the governour general behind him. But it
appears from letters written by the witness himself,
and which we have already laid before the court, that
he arrived at Chunar the 1st of December, 1781 ;
that he then began to take the affidavits, and when
completed, he and Mr. Hastings left Chunar in com
pany, and set out on the road to Benares ; and that
after being together from the first to the sixth of the
month, the former took leave of the latter, and pro-

THE IMPEACHMENT OF MR. HASTINGS. 455.
ceeded on his journey to Calcutta. Here then, my
lords, we detect a subterfuge artfully contrived to
draw you into a false conclusion ! There is also
another part of the witness's evidence which is entitled
to as little credit. He hassworn, that he knew nothing
ofthe Persian affidavits having been translated. Now,
my lords, we formerly produced a letter from major
William Davy, the confidential secretary and Per
sian translator to the governour general, in which he
states, that he made an affidavit before Sir Elijah
Impey at Buxar, on the 12th of December, just six
days after Sir Elijah parted from Mr. Hastings,
swearing that the papers annexed to the affidavits
were faithful translations cf the Persian affidavits!
What shall we say, my lords, of such testimony ? I
will make only one remark upon it which I shall
borrow from an illustrious man, " That no one could
tell where to look for truth, if it could not be found
on the judgment seat, or know what to credit, if the
affirmation of a judge was not to be trusted." I have,
my lords, before observed, that the chief justice was
intrusted by the prisoner to concert with Mr. Mid
dleton the means of carrying into execution the orders
of which he was the bearer from the governour gene
ral to the resident. These orders do not appear any
where in writing, but your lordships are acquainted
with their purport,. The court must recollect that
Mr. Middleton was instructed by them to persuade
the Nabob to propose, as from himself to Mr. Has*
tings, the seizure of the Begum's treasures. That
this was really so, appears undeniably as well from
the tenour of Mr. Middleton's letter on the subject, as
from the prisoner's account of the business in his de*
fence. Evidently, Mr. Hastings was on this occasion
hobbled by difficulties which put all his ingenuity
into requisition. He was aware that it must seem
extraordinary, that at the very moment he was con
fiscating the property of the Begums on the plea of
their treasonabi&.machinations, he should stipulate
that an annual allowance equal almost to the produce

45& MR. SHERIDAN'S SPEECH ON
of that property should be secured to them . Though
he had accused the princesses of rebellion, by which,
of course, their treasures were forfeited to the state,
yet he was reluctant tp appear as the principal in seiz
ing them.
Do not, my lords, these embarrasments prove that
the prisoner was sensible of the injustice of his pro
ceedings ? If the princesses were in rebellion, there
could be no ground for his demurring to seize their
property. The consciousness of their innocence could
alone, therefore, make him timid and irresolute. To
get rid at once of his difficulties he resorts to the ex
pedient which I have before stated, namely, of giving
directions to Sir Elijah Impey to instruct Mr. Middle-
ton to urge the Nabob to propose, as from himself the
seizure of the treasures. My lords, the unhappy
prince, without a will of his own, consented to make
the proposal, as an alternative for the resumption ofthe
Jaghires, a measure to which he had the most uncon
querable reluctance. Mr. Hastings, as it were to
indulge the Nabob, agreed to the proposal, rejoicing
at the same time that his scheme had proved so far
successful. For he thought this proposal, coming
from the Nabob, would free him from the odium of
so unpopular a plundering. But the artifice was too
shallow, and your lordships are now able to trace
the measure to its source. The court will see
from the evidence, that Mr. Hastings suggested
it to Sir Elijah Impey, that Sir Elijah Impey might
suggest it to Middleton, that Middleton might sug
gest it to the Nabob, that his highness might suggest
it to Mr. Hastings; and thus the suggestion re
turned to the place from which it had originally set
out. One single passage of a letter written by Mid
dleton to Mr. Hastings, on the 2d of December
1781, will make this point as clear as day. He
informs the governour general, " That the Nabob,
wishing to evade the measure of resuming the jag
hires, had sent him a message to the following pur-

THE IMPEACHMENT OF MR. HASTINGS. 457
port:— That if the measure proposed was intended
to procure the payment of the balance due to the
company, he could better and more expeditiously
effect that object, by taking from his mother the
treasures of his father, which he asserted to be in her
hands, and to which he claimed a right, founded on
the laws of the Koran, and that it would be sufficient
that he, Mr. Hastings would hint his opinion upon
it, Without giving a formal sanction to the measure
proposed. Mr. Middleton added, " The resumption
of the jaghires it is necessary to suspend, till I have
your answer to this letter."
In the first place, it is clear from this letter, that
though the Nabpb consented to make the desired
proposal for seizing the treasures, it was only as an
alternative, for it never entered into his head both to
seize the treasures, and resume the jaghires. The
former measure he wished to substitute in the room
of the latter, and by no means to couple them toge
ther. But Mr. Hastings was too nice a reasoner for
the prince. He insisted that one measure should be
carried into execution, because the Nabob had pro
posed it; and the other, because he himself determi
ned upon it.
It also appears that the Nabob was taught to plead
his right to the treasures, as founded upon the laws of
the Koran. Not a word was said about the gua
rantee and treaty which had barred that right, what
ever it might have been. But, my lords, if all Mr.
Hastings would have the world believe is true, he
had still a much better title : one, against which the
treaty and guarantee could not be raised, and this
was the treason of the Begums, by which they
forfeited all their property to the state, and every
claim Upon English protection. On this right by
forfeiture, the Nabob, however, was silent. Being
a stranger to the rebellion, and to the treason of his
parents ; he was reduced to the necessity of revi
ving a right under the laws of the Koran, which
thetreaty and guarantee had forever extinguished.
vox. I. 3 N

458 MR. SHERIDAN*S SPEECH ON
This letter, moreover, contains this remarkable
expression, namely, " that it would be sufficient to
hint his, Mr. Hastings's, opinion upon it, without giv
ing a formal sanction to the measure proposed. ' ' Why
this caution ? If the Begums were guilty of treason,
why should he be fearful of declaring to the world,
that it was not the practice of the English to protect
rebellious subjects, and prevent their injured sove
reigns from proceeding against them according to
law? That he considered the treaty and guarantee,
by which the Begums held their property, as no
longer binding upon the English government, who
consequently could have no further right to inter
fere between the Nabob and his rebellious parents,
but must leave him at Rberty to punish or forgive
them as he should think fit. But, my lords, instead
of holding this language, which manliness and con
scious integrity would have dictated, had he been
convinced of the guilt of the Begums, Mr. Has
tings wished tb derive all possible advantage from
active measures against them, and at the same time,
so far to save appearances, as that he might be thought
to be passive in the affair.
My lords, in another part of the same letter, Mr.
Middleton informs the governour general " that he
sent him at the same time a letter from the Nabob on
the subject of seizing, the treasures." This letter
has been suppressed. I challenge the counsel for the
prisoner to produce it, or to account satisfactorily
to your lordships for its not having been entered upon
the company's records. Nor is this, my lords, the
only suppression of which we have reason to com
plain. The affidavit of Goulass Roy, who lived at
Fyzabad, the residence ofthe Begums, and who was
known to be their enemy, is also suppressed. No
person could be so well informed of their guilt, if they
had been guilty, as Goulass Roy, who resided upon
the spot where levies were said to have been made for
Cheyt Sing, by their order. If, therefore, his testi
mony had not destroyed the charge of a rebellion on
the part of the Begums, there is no doubt but it

THE IMPEACHMENT OF MR. HASTINCS. 459
would have been carefully preserved; The informa
tion of Mr. Scott has, moreover, been withheld
from us. This gentleman lived unmolested at Taun-
da, where Sumshire Khan commanded for the Be
gums, and where he carried on an extensive manufac
ture, without the least hindrance from this supposed
disaffected governour. Mr. Scott was at Taunda too,
when it was said that the governour pointed the guns
of the fort upon captain Gordan's party. If this cir
cumstance, my lords, did really happen, Mr. Scott
must have heard of it, as he was himself at the time
under the protection of those very guns. Why then,
is not the examination of this gentleman produced ?
I believe your lordships are satisfied, that if it had
supported the allegations against Sumshire Khan, it
would not have been cancelled.
It is not clear to me, ray lords, that as servile a
tool as Mr. Middleton was, that the prisoner intrusted
him with every part of his intentions throughout the
business of the Begums. He certainly mistrusted,
or pretended to mistrust him in his proceedings rela
tive to the resumption ofthe jaghires. When it began
to be rumoured abroad, that terms so favourable; to
the Nabob as he obtained in the treaty of Chunar, by
which Mr. Hastings consented to withdraw the, tem
porary brigade, and to remove the English gentle
men from Oude, would never have been granted,
if the Nabob had not bribed the parties concerned in
the negotiation to betray the interests ofthe company,
Mr. Hastings confirmed the report by actually charg
ing Mr. Middleton and his assistant resident, Mr.
Johnson, with having accepted of bribes. They both
joined in the most solemn assurances of their inno
cence, and called God to witness the truth of their
declarations. Mr. Hastings, after this, appeared satis
fied : possibly the consciousness that he had in his
own pocket the only bribe which was given on the
occasion, the 10(5,0001. might have made him the
less earnest in prosecuting any further inquiry into
the business.

460 MR. SHERIDAN'S SPEECH ON
A passage in a letter from Mr. Hastings, shows
that he did not think proper to commit to wri
ting all the orders which he wished Mr. Middleton to
execute. For there Mr. Hastings expresses his doubts
of the resident's " firmness and activity, and, above
all, of his recollection of his instructions and their im
portance ; and said, that if he, Mr. Middleton, could
not rely on his own power, and the means he posses
sed for performing those services,- he woiaXd free him
from the charge, and proceed to Lucknow, and
undertake it himself."
My lords, you must presume that the instructions
here alluded to Were verbal; for had they been written,
there could be no danger of their being forgot. I call up
on the counsel to state the nature of those instructions,
which were deemed of such importance, that the
governour was so greatly afraid Mr. Middleton would
not recollect them, and which, nevertheless, he did
not dare to commit to writing.
To make your lordships understand some other
expressions in the above passage, I must recall to your
memory, that it has appeared in evidence, that Mr.
Middleton had a strong objection to the resumption
of the Jaghires, which he thought a service of so
much danger, that he removed Mrs. Middleton and
his family, when he was about to enter upon it. For
he expected resistance not only from the Begums, but
from the Nabob's own Aumeels ; who, knowing that
the Prince was a reluctant instrument in the hands of
the English, thought they would please him by op
posing a measure to which he had given his authority
against his will. Middleton undoubtedly expected
the whole country would unanimously risd against
him ; and therefore it was, my lords, that he suspend
ed the execution of the order of resumption, until
he should find whether the seizing of the treasures,
proposed as an alternative, would be accepted as
such. The prisoner pressed him to execute the or
der for resuming the Jaghires,, and offered to go him
self upon that service, if he should decline it. Mid
dleton, at last, having received a thundering letter

THE IMPEACHMENT OF MR. HASTINGS. 461
from Mr. Hastings, by „ which he left him td act
under, " a dreadful responsibility," set out for Fyza
bad. My lords, for all the cruelties and- barbarities
that were executed there, the governour general in
his narrative says, he does not hold himself an
swerable, because he commanded Middleton to be
personally present, during the whole of the transac
tion, until he should complete the seizing of the
treasures, and resuming the Jaghires. But for
what purpose did he order Middleton to be present?
I will show by quoting the orders verbatim. — "Ybu
yourself must be personally present — you must not
allow any negotiation or forbearance ; but must pro
secute both services, until the Begums are at ^e en"
tire mercy of the Nabob." — These peremptory orders
given under "a dreadful responsibility," were not
issued, my lords, as you see, for purposes oi humanity;
not that the presence ofthe resident might restrain the
violence of the soldier, but that he might be a watch
upon the Nabob;^tp steel his heart against the feelings
of returning nature in his breast, and prevent the
possibility of his relenting, or granting any terms to
his mother and grand mother. This, truly, was the
abominable motive which induced the prisoner to
command the personal attendance of Middleton, and
yet, my lords, he dares to say that he is not responsi
ble for the horrid scene which ensued.*
My lords, permit me to remind you, that when I
l)ad last the honour of addressing you, I concluded
with submitting to the court the whole of the corres-

* Here Mr. Sheridan was taken ill, and retired for a while
to try if in the fresh air he could recover, so as that he might
conclude all he had to say upon the evidence on the second
charge. Some time after, Mr. Fox informed their lordships,
that Mr. Sheridan was much better, but that he felt he was
not sufficiently so, to be able to do justice to the subject he
had in hand. The managers therefore hoped their lordships
would be pleased to appoint a future day, on which Mr. She
ridan would finish his observations on the evidence.
Upon this their lordships returned to their own house, and
adjourned the cour£.

462 MR. SHERIDAN'S SPEECH ON
pondence, as far as it could be obtained, between the
principal and agents in the nefarious plot carried on
against the Nabob Vizier and the Begums of Oude.
These letters demand of the court the most grave
and deliberate attention, as containing not only a nar
rative of that foul and unmanly conspiracy, but also
a detail of the motives and ends for which it was
formed, and an exposition of the trick and quibble,
the prevarication and the untruth with which it was
then acted, and is now attempted to be defended. It
will here be naturally inquired, with some degree of
surprise, how the private correspondence which thus
establishes, the guilt of its authors came to light?
This was owing to a mutual resentment which broke
out about the middle of December, 1782, between
the parties. Mr. Middleton on the one hand became
jealous of the abatement of Mr. Hasting's confidence,
and the Governour General was incensed at the tardi
ness with which the Resident proceeded.
From this moment shyness and suspicion between
the principal and the agent took place. Middleton hesi
tated about the expediency of resuming the Jaghires,
and began to doubt whether- the advantage would be
equal to the risk. Mr. Hastings, whether he apprehend
ed that Middleton was retarded by any return of huma
nity or sentiments of justice, by any secret combina
tion with the Begum and her son, or a wish to take
the noil's share of the plunder to himself, was exas
perated at the delay. Middleton represented the
unwillingness of the Nabob to execute the measure ;
the low state of his finances ; that his troops
were mutinous for want of pay; that his life had
been in danger from an insurrection among them;
and that in this moment of distress he had offered
one hundred thousand pounds, in addition to a like
sum paid before, as an equivalent for the resumption
which was demanded of him. Ofthis offer, however,
it now appeares the Nabob knew nothing. In con
ferring an obligation, my lords, it is sometimes con
trived from motives of delicacy that the name of the
donor shall be concealed from the person obliged.

THE IMPEACHMENT OF MR. HASTINGS. 463
But here it was reserved for Middleton tb refine this
sentiment of delicacy so as to leave the person giving,
utterly ignorant of the favour he bestowed.
But notwithstanding these little differences and suspi
cions, Mr. Hastings and Mr. Middleton on the return
of the latter to Calcutta in October 1782, lived in the
same style oi friendly collusion, and fraudulent fa
miliarity, as formerly. After, however, an intimacy
of about six months, the governour general very un
expectedly arraigns his friend before the board at
Calcutta. It was, On this occasion, that the prisoner
rashly for himself, but happily for the purposes of
justice, produced these letters. Whatever, my lords,
was the meaning of this proceeding ; whether it was
a juggle to elude inquiry, or whether it was intended
to make an impression at Fyzabad ; whether Mr.
Hastings drew up the charge, and instructed Mr.
Middleton how to prepare the' defence ; or whether
the accused composed the charge, and the accuser the
defence, there is discernible in the transaction the
same habitual collusion in Which the parties lived, and
the prosecution ended as we have seen, in a rhapsody,
a repartee, and a poetical quotation by the prosecutor !
The private letters, my lords, are the only part of
the correspondence thus providentially disclosed which
is deserving of attention. They were written in the
confidence of private communication without any
motives to palliate and colour -facts, or to mis
lead. The counsel for the prisoner have, how
ever, chosen to rely on the publick correspondence,
prepared as appears on the very face of it, for the
concealment of fraud and the purpose of decep
tion. They, for example, dwelt on a letter from
Mr. Middleton dated December 1781, which inti
mates some supposed contumacy of the Begums, and
this they thought countenanced the proceedings which
afterwards took place, and particularly the resumption
of the Jaghires. But, my lords, you cannot have
forgotten that both Sir Elijah Impey, and Mr. Mid
dleton, declared in their examination* at. your bar,
that the letter was totally false. Another letter, which

464 MR. SHERIDAN'S SPEECH ON
mentions " the determination ofthe Nabob to resume
the Jaghires," was also dwelt upon with great em
phasis. But it is in evidence that the Nabob on the
contrary, could not by ahy means be induced to
sanction the measure ; that it was not, indeed, till Mr.
Middleton had actually issued his own Perwannas
for the collection of the rents, that the Prince, to avoid
a state of the lowest degradation, consented to give
it the appearance of his act.
In the same letter, the resistance of the Begums to
the seizure of their treasures is noticed as an instance
oi female levity, as if their defence of the property as
signed for their subsistence Was a matter of censure,
or that they merited a reproof for feminine lightness,
because they urged an objection to being starved!
The opposition, in short, my lords, which was
expected from the princesses, was looked to as a jus
tification of the proceedings which afterwards hap
pened. There is not, in the private letters,
the slightest intimation of the anterior rebellion,
which by prudent after thought was so greatly mag
nified. There is not a syllable of those dangerous
machinations which were to dethrone the Nabob ;
nor of those sanguinary artifices by which the En
glish were to be extirpated. It is indeed said, that
if such measures were rigorously pursued, as had
been set on foot, the people might be driven from
murmurs to resistance, ahd rise up in arms against
their oppressors.
Where then, my lords, is the proof of this mighty
rebellion ? It is contained alone, Where it is natural
to expect it, in the fabricated correspondence between
Middleton and Hastings, and in the affidavits collected
by Sir Elijah Impey !
The gravity of the business on which the chief
justice was employed on this occasion, contrasted,
with the vivacity, the rapidity, and celerity of his
movements is exceedingly curious. At one moment
he appeared in Oude, at another in Chunar, at a third
in Benares procuring testimony, and in every quarter
exclaiming like Hamlet's Ghost "swear!" To

THE IMPEACHMENT OF MR. HASTINGS. 465
him might also have been applied the words of Ham
let to the Ghost, " What, Truepenny! are you
there?" But the similitude goes no further. He
was never heard to give the injunction,
" Taint: not thy mind, nor let thy soul contrive
Against thy mother aught 1"
It is, my lords, in some degree worthy of your
observation, that not one of the private letters of Mr.
Hastings has at any time been disclosed. Even
Middleton, when all confidence was broken between
them, by the production of his private correspondence
at Calcutta, either feeling for his own safety/ or sunk
under the fascinating influence of his master, did not
dare attempt a retaliation ! The letters of Middleton,
however, are sufficient to prove the situation of the
Nabob, when pressed to the resumption of the Jag
hires. — He is there described as being sometimes
lost in sullen melancholy-^at others, agitated be
yond expression, exhibiting every mark of agonized
sensibility. Even Middleton was moved by his
distresses to interfere for a temporary respite, in
which he might become more reconciled to the mea
sure. " I am fully of opinion," said he, " that
the despair of the Nabob must impel him to vio
lence. I know also that the violence must be fatal
to himself — but yet I think, that with his present
feelings, he will disregard all consequences."
Mr. Johnson, the assistant* resident, also wrote to
the same purpose. The words of his letter are mer
morable. " He thought it would require a campaign
to execute the orders for the resumption of the Ja
ghires!" A campaign against whom ? Against the
Nabob our friend and ally who had voluntarily given the
order ! This measure, then, which we have heard con
tended was for his good and the good of his country,
could truly be only, enforced by a campaign ! Such
is British justice ! Such is British humanity ! Mr.
Hastings guarantees to the allies of the company their
prosperity and his protection. The former he secures
by sending an army to plunder them of their wealth
vol. i. 3 o

466 MR. SHERIDAN'S SPEECH ON
and to desolate their soil. The latter produces
the misery and the rUin of the protected. His is the
protection which the vulture gives to the lamb, which
covers while it devours its prey; which, stretching its
baleful pinions and hovering in mid airy disperses the
kites and lesser birds of prey, and saves the innocent
and helpless victim from all talons but its own.
It is curious, my lords, to remark* that in the
correspondence of these creatures of Mr. Hastings,
arid in their earnest endeavours to dissuade him from
the resumption of the jaghires, not a word is men
tioned of the measure being contrary to honour, to
faith ; derogatory to national character ; unmanly or
unprincipled. Knowing the man to whom they were
Writing, their only arguments were, that it was con^
trary to policy and to expediency. Not one word do
they mention of the just claims which the Nabob
had to the gratitude and friendship of the English.
Not one syllable of the treaty by which we were
bound to protect hinu Not one syllable of the rela
tion which subsisted between him and the Princes
ses they were about to plunder. Not one syllable is
hinted of justice or mercy. AU which they ad
dressed to him was the apprehension that the money
to be procured Would not be worth the danger and
labour with which it must be attended. There is
nothing, my lords, to be found in the history of
human turpitude j nothing in the nervous delinea
tions and penetrating brevity of Tacitus ; nothing in
the luminous and luxuriant pages of Gibbon, or of
any other historian, dead or living, who, searching
into measures and characters with the rigour of truth,
presents to our abhorrence depravity in its blackest
shapes, which can equal, in the grossness of the guilt,
or in the hardness of heart with which it was conduct
ed, or in low and grovelling motives, the acts and
character of the prisoner. It was he, who in the base
desire of stripping two helpless women, could stk
the son to rise up in vengeance against them ; who
when that son had certain touches of nature in his
breast, certain feelings of an awakened conscience,

THE IMPEACHMENT OF MR. HASTINGS. 467
could accuse him of entertaining peevish objections to
the plunder and sacrifice of his mother ; who, having
finally divested him of all thought, all reflection, all
memory, all conscience, all tenderness and duty as
a son, all dignity as a monarch ; having destroyed his
character, and depopulated his country, at length
brought him to violate the dearest ties of nature, in
countenancing the destruction of /his parents. This
crime I say, has no parallel or prototype in the old
world or the new, from the day of original sin to the
present hour. The victims of his oppression were con
fessedly destitute of all power to resist their oppressors.
But their debility, which from other bosoms would
have claimed some compassion, at least with respect
to the mode of suffering, with him excited only the in
genuity of torture. Even when every feeling of the
Nabob was subdued ; when, as we have seen, my
lords, nature made a last, lingering, feeble stand
within his breast; even then, that cold unfriendly
spirit of malignity, with which his .doom was fixed,
returned with double rigour and sharper acrimony to
its purpose, and compelled the child to inflict on the
parent that destruction of which he was himself rer
served to be the final victim..
Great as is this climax in which, my lords, I thought
the pinnacle of guilt was attained, there is yet some,
thing still more transcendently flagitious, I parties
larly allude to his infamous letter, falsely dated the
15th of February 1782, in which, at the very mo
ment that he had given the order for the entire
destruction ofthe Begums, and for the resumption of
the jaghires, he expresses to the Nabob the warm and
lively interest which he took in his welfare, the sin
cerity and ardour of his friendship, ahd that, though
his presence was eminently wanted at Calcutta, he
could not refrain from coming to his assistance, and
that in the mean time, he had sent four regiments
to his aid. So deliberate and cool ; so hypocritical
and insinuating is the villainy of this man! What
heart is not exasperated by the malignity ofa treachery
so barefaced and dispassionate ? At length, however,

468" MR. SHERIDAN'S SPEECH ON
the Nabob was on his guard. He could not be deceiv
ed by this mask. The offer of the four regiments
developed to him the object of Mr. Hastings. He
perceived the dagger bunglingly concealed in the
hand which was treacherously extended as if to his
assistance. From this moment the last faint ray of
hope expired in his bosom. We accordingly find no
further confidence of the Nabob in the prisoner. Mr.
Middleton now swayed bis iron sceptre without con
trol. The jaghires were seized. Every measure
was carried. The Nabob, mortified, humbled, and
degraded, sunk into insignificance and contempt.
This letter was sent at the very time when the troops
surrounded the walls of Fyzabad; and then began
a scene of horrours, which, if I wished to inflame
your lordships' feelings, I should only have oc
casion minutely to describe ; to state the violence
committed on that palace which the piety of the king
dom had raised for the retreat and seclusion of the
objects of its pride and veneration ! It was in these
shades, rendered sacred by superstition, that inno
cence reposed. Here venerable age, and helpless
infancy found an asylum! If we look, my lords, into
the whole of this most wicked transaction, from the
time when this treachery was first conceived, to that
when, by a series of artifices the most execrable, it
was brought to a completion, the prisoner will be
seen standing aloof, indeed, but not inactive. He
will be discovered reviewing his agents, rebuking
at one time the pale conscience of Middleton, at
another, relying on the stouter villany of Hyder Beg
Cawn. With aU the calmness of veteran delinquency,
his eye will be seen ranging through the busy pro
spect, piercing the darkness of subordinate guilt, and
disciplining with congenial adroitness the agents of
his crimes, and the instruments of his cruelty.
The feelings, my lords, of the several parties at the
time vvill be most properly judged of by their re
spective correspondence. When the Bow Begum,
despairing of redress from the Nabob, addressed her
self to Mr. Middleton, and reminded him of the

THE IMPEACHMENT OF MR. HASTINGS. 469
guarantee which he had Signed, she was instantly
promised that the amount of her jaghire should be
made good, though he said he could not interfere
with the sovereign decision of the Nabob respect
ing the lands. The deluded and unfortunate woman
" thanked God that Mr. Middleton was at hand
for her relief." At this very instant he was direct
ing every effort to her destruction. For he had
actually written the orders which were to take the
collection out of the hands of her agents ! But let
it not be forgotten, my lords, when the Begum was
undeceived, when she found that British faith was
no protection, when she found that she should leave
the country, and prayed to the God of nations not to
grarit his peace to those who remained behind,
there was still no charge of rebellion, no recrimi
nation made to all her reproaches for the broken
faith of the English. That when stung to mad
ness, she asked • ' how long would be their reign,"
there was , no mention of her disaffection. The
stress is therefore idle, which the counsel for the
prisoner have strove to lay on these expressions of
an injured and enraged woman. When at last irrita
ted beyond bearing, she denounced infamy on the
heads of her oppressors, who is there that will not
say that she spoke in a prophetic'k spirit ; and that
what she then predicted has not even to its last
letter been accomplished? But did Mr. Middle-
ton even to this violence retort any particle of accu
sation ? No. He sent a jocose reply, stating that
he had received such a letter under her seal, but
that from its contents he could not suspect it to
come from her, and begged therefore that she would
endeavour to detect the forgery. Thus did he add
to foul injuries the vile aggravation of a brutal jest.
Like the tyger he showed the savageness of his na,
ture, by grinning at his prey, and fawning over the
last agonies of his unfortunate victim.
The letters my lords, were then enclosed to the
Nabob, who no more than the rest made any attempt
to justify himself by imputing any criminality to the

470 MR. SHERIDAN'S SPEECH ON
Begums. He only sighed a hope, that his conduct to
his parents had drawn no shame upon his head ; and
declared his intention to punish, not any disaffection
jn the Begums, but some officious servants who had
dared to foment the misunderstanding between them
and himself. A letter was finally sent to Mr. Has
tings, about six days before the seizure of the trear
sures from the Begums, declaring their innocence,
and referring the governour general in proof of
it to captain Gordon, whose life they had protected,
and whose safety should have been their justification.
This inquiry was never made. It was looked on as
unnecessary, because the conviction of their inno
cence was too deeply impressed already.
The counsel, my lords, in recommending an atten
tion to the publick in preference to the private ; let
ters, remarked particularly, that one of the latter
should not be taken in evidence, because it was evi
dently and abstractedly private, relating the anxieties
of Mr. Middleton on account ofthe illness of his son.
This is a singular argument indeed, The circum
stance, however, undoubtedly merits strict observa
tion, though not in the view in which it was placed by
the counsel. It goes to show that some at least of the
persons concerned in these transactions, felt the force
of those ties, which their efforts were directed to tear
asunder ; that those who could ridicule the respective
attachment of a mother and a son ; who could pror
hibit the reverence of the son to the mother ; who
could deny to maternal debility the protection which
filial tenderness should afford, were yet sensible
of the straining of those chords by which they are
connected. There is something in the present bu
siness, with all that is horrible to create ^version, so
vilely loathsome, as to excite disgust. J It is, my
lords, surely superfluous to dwell on the sacred
ness of the ties which those aliens to feeling, those
apostates to humanity thus divided. In such an assem
bly, as the one before which I speak, there is not an eye
but must look reproof to this conduct, not a heart
but must anticipate its condemnation. Filial Piety!

THE IMPEACHMENT OF MR. HASTINGS. 471
It is the primal bond of society- It is that instinctive
principle, which, panting for its proper good, soothes,
Unbidden, each sense and sensibility of man. It
now quivers on every lip. It now beams from every
eye. It is that gratitude which, softening under the
sense of recollected good$ is eager to own the vast
countless debt it never, alas ! can pay, for so many
long years of unceasing solicitudes, honourable self
denials, life preserving cares. It is that part of our
practice, where duty drops its awe, where reverence
refines into love. It asks no aid of memory. It needs
not the deductions of reason. Preexisting, paramount
over all, whether moral law or human rule, few argu
ments can increase and none can diminish it. It is the
sacrament of our nature; not only the duty, but the in
dulgence of man. It is his first great privilege. It is
amongst his last most endearing delights, when the
bosom glows with the idea of reverberated love;
when to requite on the visitations of nature, and
return the blessings that have been received ; when*
What was ehiotion fixed into vital principle; what
was instinct, habituated into a master passion, sways
all the sweetest energies of man, hangs over each
vicissitude of all that must pass away, aids the me
lancholy virtues in their last sad tasks of life ; to
chearthe languors of decrepitude and age ; explore
the thought ; explain the aching eye !''
But, my lords, I am ashamed to consume so much
of your lordships' time in attempting to give a cold
picture of this sacred impulse when I behold so many
breathing testimonies of its influence around me ;
when eyery countenance in this assembly is beaming
and erecting itself into the recognition of this uni
versal principle !
The expressions, contained in the letter of Mr. Mid
dleton, of tender solicitude, for his son, have been also
mentioned as a proof of the amiableness of his affec
tions. I confess that they do not tend to raise his
character in my estimation. Is it not rather an aggra
vation of his guilt that he, who thus felt the anxieties

472 MR. SHERIDAN'S SPEECH ON
of a parent, and who consequently must be sensible*
of the reciprocal feelings ofa child, could be brought
to tear asunder, and violate in others, all those dear
and sacred bonds? Does it not enhance the turpitude
of the transaction that it was not the result of idiotick
ignorance, or brutal indifference ? I aver, that his
guilt is increased and magnified by these considera
tions. His criminality would have been less had he
been insensible to tenderness, less if he hau not been
so thoroughly acquainted with the true quality of
parental love and filial duty;
The jaghires being seized, my lords, the Begums
were left without the smallest share of that pecuniary
compensation promised by Mr. Middleton, as an
equivalent for the resumption ; and as when tyranny
and injustice take the field, they are always attended
by their camp followers, paltry pilfering and petty
insult ; so in this instance, the goods taken from the
princesses were sold at a mock sale at an inferior value.
Even gold and jewels, to use the language of the
Begums, instantly lost their value when it was known
that they came from them. Their ministers were
imprisoned to extort the deficiency which this fraud
occasioned ; and every mean art was employed to
justify a continuance of cruelty towards them. Yet
this was small to the frauds of Mr. Hastings. After
extorting upwards of 600,0001. he forbade Mr. Mid-
djeton to come to a conclusive settlement with the prin
cesses. He knew that the treasons of our allies in India
had their origin solely in the wants of the company.
He could not therefore say that the Begums were en
tirely innocent until he had consulted the general Re
cord of Crimes, the Cash- Account at Calcutta !
His prudence was fully justified by the event.
For there was actually found a balance of twenty -
six lacks more against the Begums, which 260,0001.
worth of treason had never been dreamed of before.
" Talk not to us," said the governour general, " of
their guilt or innocence, but as it suits the Company's
credit ! We will not try them by the Code of Justi
nian, nor the Institutes of Timur. We will not

THE IMPEACHMENT OF MR* HASTINGS. 473
judge them either by the British laws, or their local
customs ! No ! We will try them by the Multiplica
tion Table, we will find them guilty by the Rule of
Three, ahd We will condemn them according to the
unerring rules of — C ock er's Arithmetick ! ' '
My lords, the prisoner has said in his defence, that
the cruelties exercised towards the Begums were not
of his order. But in another part of it he avows, " that
^whatever were their distresses, and whoever was the
agent in the measure, it was, in his opinion, reconeile
able to justice, honour, and sound policy."
By the testimony of Major Scott it appears, that
though the defence of the prisoner was not drawn up
by himself, yet that this paragraph he wrote with his
own proper hand. Middleton, it seems, had confess
ed his share in these transactions with some degree
of compunction, and solicitude as to the conse
quences. The prisoner observing it, cries out to
him, " give me the pen, I will defend the measure
as just and necessary." I will take something upon
myself. Whatever part of the load you cannot bear,
my unburthened character shall assume. Your con
duct I will crown with my irresistible approbation.
Do you find memory and I will find character, and
thus twin warriours we will go into the field, each in
his proper sphere of action, and assault, repulse, and
contumely shall all be set at defiance.
If I could not prove, my lords, that those acts of
Mr. Middleton were in reality the acts of Mr. Has
tings, I should not trouble your lordships by com
bating them. But as this part of his criminality
can be incontestably ascertained, I appeal to the as
sembled legislators of this realm, to say, whether
these acts were justifiable on the score oi policy. I ap
peal to all the august presidents in the courts of British
justice, and to all the learned ornaments of the profes
sion, to decide whether these acts were reconeilea
ble to justice. I appeal to the reverend assemblage of
prelates feeling for the general interests of humanity,
and for the honour of the religion to which they
vol,, i. 3 r

474 MR. SHERIDAN'S SPEECH ON
belong, to determine whether these acts of Mr. Has
tings and Mr. Middleton were such as a Christian
ought to perform, or a man to avow.
My lords, with the ministers of the Nabob, Bahar
Ally Cawn and Jewar Ally Cawn, was confined in
the same prison that arch rebel Sumshire Cawn,
against whom so much criminality has been charged
by the counsel for the prisoner. We hear, however,
of no inquiry having been made concerning his trea
son, though so many were held respecting the treasures
of the others. With all his guilt, he was not so far
noticed as to be deprived of his food,* to be com
plimented with fetters, or even to have the satisfac
tion of being scourged; but was cruelly liberated
from a dungeon, and ignominiously let loose on his
parole ! The Begums' ministers, on the contrary, to
extort from them the, disclosure ofthe place which
concealed the treasures, were, according to the evi
dence of Mr. Holt, after being fettered and impri
soned, led out on a scaffold, and this array of terrours
proving unavailing, the meek tempered Middleton, as
a dernier resort, menaced them with a confinement
in the fortress of Churiargar.V Thus, my lords, was
a British garrison made the climax of cruelties .'^To
English arms, to English officers around whose ban
ners humanity has ever entwined her most glorious
wreath, how will this sound?1 It was in this fort, where
the British flag was flying that these helpless prisoners
were doomed to deeper dungeons, heavier chains, and
severer punishments. Where that flag was displayed,
which was wont to cheer the depressed, and to dilate
the subdued heart of misery, these venerable, b€t
* The following note from Mr.i Middleton to Lieutenant
Francis Rutledge, dated January 20, 1782, Mr. Sheridan
read — *
" Sir,
" When this note is delivered to you by Hoolas Roy, I
have to desire, that you order the two prisoners to be put in
irons, keeping them from all food, iS"c. agreeably to my instruc
tions of yesterday.
" Nath. Middleton

THE IMPEACHMENT OF MR. HASTINGS. 475
unfortunate men were fated to encounter every ag
gravation of horrour and distress. T It, moreover,
appears, that they were both cruelly logged, though
one was above seventy years of age. Being charged
with disaffection, they vindicated their innocence. — r ¦
"Tell us where are the remaining treasures," was"
the .reply. It is only a treachery to your immediate
sovereigns, and you will then be fit associates for
the representatives of British faith and British jus
tice in India !*'. — Oh ! Faith, Oh Justice ! I conjure
you by your sacred names to depart for a moment
from thisfplace^ though it be your peculiar residence ;
nor hear your names profaned by such a sacrilegious,
combination as that which I am now compelled to re
peat ! where all the fair forms of naturejand art| truth
and peace, policy and honour, shrink back aghast
from the deleterious shade' — where all existences, ne- -
farious and vile, have sway — where, amidst the black
agents on one side, and Middleton with Impey on the
other, the great figure ofthe piece— characteristick in
his place, aloof and independent, from the puny profli
gacy in his train ;Tbut far from idle, and inactivejturn-.'
ing a malignant eye on all mischief that awaits him ; the
multiplied apparatus of temporizing expedients, and
intimidating instruments,- now cringing on his prey,
and fawning on his vengeance-^— now quickening the
limping pace of craft, and forcing every stand that re
tiring nature can make to the heart : the attachments
and the decorums of life ; each emotion of tenderness
and honour ; and all the distinctions of national pride ;
with a long catalogue of crimes and aggravations,
beyond the reach of thought for human malignity to
perpetrate, or human vengeance to punish; lower
than perdition — blacker than despair !
It might, my lords, have been hoped, for the honour
ofthe human heart, that the Begums were themselves
exempted from a share in these sufferings, and that
they had been wounded only through the sides of their
ministers. — The reverse of this, however, is the
fact. Theh palace was surrounded by a guard, which;

476 MR. SHERIDAN'S SPEECH ON
was withdrawn by major Gilpin, to avoid the growing
resentments of thepeople, and replaced by Mr. Mid
dleton, through his fears of that " dreadful respon
sibility" which was imposed on him by Mr. Hast
ings. The women also, ofthe Khord Mahal, whp were
not involved in the Begums, supposed crimes ; who
had raised no sub-rebellion of their own ; and who, it
has been proved, lived in a distinct dwelling, were
pauselessly implipated, nevertheless, in the same pu
nishment. Their residence, surrounded with guards,
they were driven to despair by famine, and when
they poured forth in sad procession, were beaten
with) bludgeons, and forced back by the soldiery, to
the scene of madness which they had quitted. These
are acts, my lords, which, when told, need no com
ment. I will not °ffer a single syllable to awaken your
lordships, feelings ; but leave it to the facts which have
been stated, to make their own impression
The inquiry which now only remains, my lprdsj is,
whether Mr. Hastings is to be answerable for the
crimes committed by his agents ? It has been fully
proved that Mr. Middleton signed the treaty with the
superiour Begum in October 1778. He also acknpw-
ledged signing some others of adifferent date, but could
not recollect the authority by which he did it. These
treaties were recognised by Mr. Hastings, as appears
by the evidence of Mr. Purling, in the year 1780. In
that of October 1778, the Jaghire was secured, which
was allotted for the support ofthe women in the Khord
Mahal. But still the prisoner pleads, that he is not ac
countable for the cruelties which were exercised. His
is the plea which, tyranny, aided by its prime minister,
treachery, is always sure to set up. Mr. Middle-
ton has attempted to strengthen this ground by
endeavouring to claim the whole infamy in those
transactions, and to monopolize the guilt ! He dared
even to aver that he had been condemned by Mr.
Hastings for the ignominious part he had acted. He
dared to avow this, because Mr. Hastings was on
his trial, and he thought hp never would he arraigned.

THE IMPEACHMENT OF MR. HASTINGS. 477
But, in the face ofthis court, and before he left the bar
he was compelled tocpnfessthat it was forthe lenience
and not the severity of his proceedings that he had been
reproved by the prisoner.
It will not, I trust, be concluded, that, because
Mr. Hastings has not marked every passing shade of
guilt, and because he has only given the bold out
line of cruelty, he. is therefore to be acquitted. It
is laid down by the la<v of England, that law
which is the perfection of reason, that a person, or
dering an act to be done by his agent, is answera
ble for that act with all its consequences. ¦' Quid
fecit per alium, facit per se." Middleton was appOiat-
ed in 1777, the confidential agent — the second self of
Mr. Hastings. The governour general ordered the
measure. Even if he never saw, nor heard afterwards
of its consequences he was therefore answerable for
every pang that was inflicted, and for a\\ the blopd that
was shed. But he did hear, and that instantly, ofthe
whole. He wrote to accuse Middleton of forbearance
and of neglect ! He commanded him to work upon
the hopes and fears of the princesses, and to leave no
means untried, until, , to speak his own language,
which was better suited to the Banditti of a Cavern,
" he obtained possession of the secret hoards of the
old ladies." He would not allow even ofa delay of
two days to smooth the compelled approaches ofa son-
to his mother, on this occasion ! His orders were pe
remptory. After this, my lords, can it be said, that the
prisoner was ignorant of the acts, or not culpable for
their ponsequ ences ? It is true, he did not direct the
guards, the famine, and the bludgeons; he did not weigh
the fetters, nor number the lashes to be inflicted on his
victims: but yet he is equally guilty as if he had born
an active and personal share in each transaction. It is,
as if he had commanded that the heart should be torn
from the bosom, and enjoined that no blood should
follow. He is in the same degree accountable to the
law, to his country, to his conscience, and to his
God!

478 MR. SHERIDAN'S SPEECH ON
The prisoner has endeavoured also to get rid of j
a part of his guilt, by Observing that he was but one
ofthe supreme council, and that all the rest had sanc
tioned those transactions with their approbation. Even
/ if it were true that others did participate in the
; guilt, it cannot tend to diminish his criminality. But
the fact is, that the council erred in nothing so much
as in a reprehensible credulity given to the declara
tions ofthe governour general. They knew not a word
of those transactions until they were finally concluded.
It was not until the January following, that they saw
the mass of falsehood which had been published under
the title of " Mr. Hastings's Narrative." They were
then unaccountably duped to permit a letter to pass,
dated the 29tli of November, intended to seduce
the directors into a belief, that they had received
intelligence at that time, which was not the fact.
These observations, my lords, are not meant to
cast any obloquy on the council. They undoubtedly
were deceived, and the deceit practised on them is a
decided proof of his consciousness of guilt. When tired
of corporal infliction, Mr. Hastings was gratified by in
sulting the understanding. The coolness and reflection
with which this act was managed and concerted, rai
ses its enormity and blackens its turpitude. It proves
the prisoner to be that monster in nature a deliberate
y-tand reasoning tyrant ! Other tyrants, of whom we
read, such as a Nero or a Caligula, were urged to
their crimes by the impetuosity of passion. High
rank disqualified them from advice, and perhaps
equally prevented reflection. But in the prisoner,
we have a man born in a state of mediocrity ; bred
to mercantile life ; used to system ; and accus
tomed to regularity ; who was accountable to his mas
ters, and therefore was compelled to think and to de
liberate on every part of his conduct. It is this cool
deliberation, I say, which renders his crimes more
horrible, and his character more atrocious.
When, my lords, the board of directors received
the advices which Mr. Hastings thought proper to
transmit, though unfurnished with any other materials

THE IMPEACHMENT OF MR. ffASTINGS. 479
to form their judgment, they expressed very strongly
their doubts, and properly ordered an inquiry into the
circumstances of the alleged disaffection of the Be
gums, ! declaring it at the same time to be a debt which
was due to the honour and justice of the British na
tion. This inquiry, however, Mr. Hastings thought
it absolutely necessary to elude. He stated to the
council, in answer, that it would revive those ani
mosities that subsisted between the Begums and the
Vizier which had then subsided. If the former were
inclined to appeal to a foreign jurisdiction, they were
the best judges of their own feeling, and should be
left to make their own complaint." All this, how
ever, my lords, is nothing to the magnificent para
graph which concludes this communication. " Be
sides," says he, " 1 hope it will not be a departure
from official language to say, that the majesty of justice
ought not to be approached without solicitation. She
ought not to descend to inflame or provoke, but to
withhold her judgment, until she is called on to
determine." What is still more astonishing is, that
Sir John Macpherson, who, though a man of sense
and honour, is rather oriental in his imagination,
and npt learned in the Sublime and Beautiful from
the immortal leader of this prosecution, was caught
by this bold bombastick quibble, and joined in the4
same words, " that the majesty of justice ought not'
to be approached Without solicitation." But, my
lords, do you, the judges of this land, and the ex--
pounders of its rightful laws, do you approve of this
mockery, and call it the character of justice, which
takes the form of right to excite wrong? No,'
my lords, justice is not this halt and miserable ob
ject ; it is not the ineffective bauble of an Indian
pagod ; it is not the portentous phantom of despair ;
it is not like any fabled monster, formed in the eclipse
of reason^ and fouhd in some unhallowed grove of
superstitious darkness, and political dismay ! No, Ihy
lords. In the happy reverse of all this, I turn from the
disgusting caricature to the real image! Justice I
have now before me august and pure! the abstract

480 mr. sheridan's speech on
idea of all that would be perfect in the spirits and the"
aspirings of men ! where the mind rises, where the
heart expands.; where the countenance is ever placid
and benign ; where her favourite attitude is to stoop
to the unfortunate ; to hear their cry and to help
them ; to rescue and relieve, to succour and save :
majestick, from its mercy; venerable, from its utility ;
uplifted, without pride; firm, without obduracy ; be
neficent in each preference; lovely, though in her
frown !
" On that justice 1 rely: deliberate and sure, ab
stracted from all party purpose and political specula*-
tion, not on words, but on facts. You, my lords,
who hear me, I conjure, by those rights it is your
best privilege to preserve ; by that fame it is your
best pleasure to inherit ; by all those feelings which
refer to the first term in the series of existence, the
original compact of our hature^our controlling rank
in the creation  This is the call on all, to adminis
ter to truth and equity, as they would satisfy the laws
and satisfy themselves — with the most exalted bliss,
possible or perceivable for our nature, the self-
approving consciousness of virtue, when the condem
nation we look for will be one of the most ample
mercies accomplished for mankind since the creation
of the world !  -My lords, I have done.

SJJD OF THE FIRST VOLUME.

3797

-C'-^f,