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The Project Gutenberg eBook of The Works of the Right
Honourable Edmund Burke, Vol. 02 (of 12)
This eBook is for the use of anyone anywhere in the United States and most
other parts of the world at no cost and with almost no restrictions
whatsoever. You may copy it, give it away or re-use it under the terms of
the Project Gutenberg License included with this eBook or online at
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have to check the laws of the country where you are located before using
this eBook.
Title: The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12)
Author: Edmund Burke
Release date: February 28, 2005 [eBook #15198]
Most recently updated: December 14, 2020
Language: English
Other information and formats: www.gutenberg.org/ebooks/15198
Credits: Produced by Paul Murray, Susan Skinner and the PG Online
Distributed
Proofreading Team from images generously made available by
the
Bibliothèque nationale de France (BnF/Gallica) at
http://gallica.bnf.fr
Honourable Edmund Burke, Vol. 02 (of 12)
This eBook is for the use of anyone anywhere in the United States and most
other parts of the world at no cost and with almost no restrictions
whatsoever. You may copy it, give it away or re-use it under the terms of
the Project Gutenberg License included with this eBook or online at
www.gutenberg.org. If you are not located in the United States, you will
have to check the laws of the country where you are located before using
this eBook.
Title: The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12)
Author: Edmund Burke
Release date: February 28, 2005 [eBook #15198]
Most recently updated: December 14, 2020
Language: English
Other information and formats: www.gutenberg.org/ebooks/15198
Credits: Produced by Paul Murray, Susan Skinner and the PG Online
Distributed
Proofreading Team from images generously made available by
the
Bibliothèque nationale de France (BnF/Gallica) at
http://gallica.bnf.fr
Page 4
*** START OF THE PROJECT GUTENBERG EBOOK THE WORKS OF
THE RIGHT HONOURABLE EDMUND BURKE, VOL. 02 (OF 12) ***
THE RIGHT HONOURABLE EDMUND BURKE, VOL. 02 (OF 12) ***
Page 5
THE WORKS
OF
THE RIGHT HONOURABLE
EDMUND BURKE
IN TWELVE VOLUMES
VOLUME THE SECOND
OF
THE RIGHT HONOURABLE
EDMUND BURKE
IN TWELVE VOLUMES
VOLUME THE SECOND
Page 6
London
JOHN C. NIMMO
14, KING WILLIAM STREET, STRAND, W.C.
MDCCCLXXXVII
JOHN C. NIMMO
14, KING WILLIAM STREET, STRAND, W.C.
MDCCCLXXXVII
Page 7
CONTENTS OF VOL. II.
SPEECH ON AMERICAN TAXATION, April 19, 1774 1
PREFACE
SPEECH
SPEECHES ON ARRIVAL AT BRISTOL AND AT THE
CONCLUSION OF THE POLL, October 13 and
November 3, 1774 81
EDITOR'S ADVERTISEMENT.
SPEECH AT HIS ARRIVAL AT
BRISTOL.
SPEECH TO THE ELECTORS OF
BRISTOL, ON HIS BEING
DECLARED BY THE SHERIFFS
DULY ELECTED ONE OF THE
REPRESENTATIVES IN
PARLIAMENT FOR THAT CITY,
ON THURSDAY, THE 3D OF
NOVEMBER, 1774.
SPEECH ON MOVING RESOLUTIONS FOR
CONCILIATION WITH AMERICA, March 22, 1775 99
LETTER TO THE SHERIFFS OF BRISTOL, ON THE
AFFAIRS OF AMERICA, April 3, 1777 187
TWO LETTERS TO GENTLEMEN OF BRISTOL, ON
THE BILLS DEPENDING IN PARLIAMENT
RELATIVE TO THE TRADE OF IRELAND, April 23
and May 2, 1778 247
SPEECH ON AMERICAN TAXATION, April 19, 1774 1
PREFACE
SPEECH
SPEECHES ON ARRIVAL AT BRISTOL AND AT THE
CONCLUSION OF THE POLL, October 13 and
November 3, 1774 81
EDITOR'S ADVERTISEMENT.
SPEECH AT HIS ARRIVAL AT
BRISTOL.
SPEECH TO THE ELECTORS OF
BRISTOL, ON HIS BEING
DECLARED BY THE SHERIFFS
DULY ELECTED ONE OF THE
REPRESENTATIVES IN
PARLIAMENT FOR THAT CITY,
ON THURSDAY, THE 3D OF
NOVEMBER, 1774.
SPEECH ON MOVING RESOLUTIONS FOR
CONCILIATION WITH AMERICA, March 22, 1775 99
LETTER TO THE SHERIFFS OF BRISTOL, ON THE
AFFAIRS OF AMERICA, April 3, 1777 187
TWO LETTERS TO GENTLEMEN OF BRISTOL, ON
THE BILLS DEPENDING IN PARLIAMENT
RELATIVE TO THE TRADE OF IRELAND, April 23
and May 2, 1778 247
Page 8
TO SAMUEL SPAN, ESQ., MASTER
OF THE SOCIETY OF
MERCHANTS ADVENTURERS
OF BRISTOL.
COPY OF A LETTER TO MESSRS.
———— AND CO., BRISTOL.
SPEECH ON PRESENTING TO THE HOUSE OF
COMMONS A PLAN FOR THE BETTER SECURITY
OF THE INDEPENDENCE OF PARLIAMENT, AND
THE ECONOMICAL REFORMATION OF THE CIVIL
AND OTHER ESTABLISHMENTS, February 11, 1780
265
SPEECH AT BRISTOL PREVIOUS TO THE ELECTION,
September 6, 1780 365
SPEECH AT BRISTOL ON DECLINING THE POLL,
September 9, 1780 425
SPEECH ON MR. FOX'S EAST INDIA BILL, December
1, 1783 431
A REPRESENTATION TO HIS MAJESTY, MOVED IN
THE HOUSE OF COMMONS, June 14, 1784 537
PREFACE
MOTION
OF THE SOCIETY OF
MERCHANTS ADVENTURERS
OF BRISTOL.
COPY OF A LETTER TO MESSRS.
———— AND CO., BRISTOL.
SPEECH ON PRESENTING TO THE HOUSE OF
COMMONS A PLAN FOR THE BETTER SECURITY
OF THE INDEPENDENCE OF PARLIAMENT, AND
THE ECONOMICAL REFORMATION OF THE CIVIL
AND OTHER ESTABLISHMENTS, February 11, 1780
265
SPEECH AT BRISTOL PREVIOUS TO THE ELECTION,
September 6, 1780 365
SPEECH AT BRISTOL ON DECLINING THE POLL,
September 9, 1780 425
SPEECH ON MR. FOX'S EAST INDIA BILL, December
1, 1783 431
A REPRESENTATION TO HIS MAJESTY, MOVED IN
THE HOUSE OF COMMONS, June 14, 1784 537
PREFACE
MOTION
Page 9
SPEECH
ON
AMERICAN TAXATION.
APRIL 19, 1774.
ON
AMERICAN TAXATION.
APRIL 19, 1774.
Page 10
PREFACE.
The following speech has been much the subject of conversation, and the
desire of having it printed was last summer very general. The means of
gratifying the public curiosity were obligingly furnished from the notes of
some gentlemen, members of the last Parliament.
This piece has been for some months ready for the press. But a delicacy,
possibly over-scrupulous, has delayed the publication to this time. The
friends of administration have been used to attribute a great deal of the
opposition to their measures in America to the writings published in
England. The editor of this speech kept it back, until all the measures of
government have had their full operation, and can be no longer affected, if
ever they could have been affected, by any publication.
Most readers will recollect the uncommon pains taken at the beginning of
the last session of the last Parliament, and indeed during the whole course
of it, to asperse the characters and decry the measures of those who were
supposed to be friends to America, in order to weaken the effect of their
opposition to the acts of rigor then preparing against the colonies. The
speech contains a full refutation of the charges against that party with which
Mr. Burke has all along acted. In doing this, he has taken a review of the
effects of all the schemes which have been successively adopted in the
government of the plantations. The subject is interesting; the matters of
information various and important; and the publication at this time, the
editor hopes, will not be thought unseasonable.
The following speech has been much the subject of conversation, and the
desire of having it printed was last summer very general. The means of
gratifying the public curiosity were obligingly furnished from the notes of
some gentlemen, members of the last Parliament.
This piece has been for some months ready for the press. But a delicacy,
possibly over-scrupulous, has delayed the publication to this time. The
friends of administration have been used to attribute a great deal of the
opposition to their measures in America to the writings published in
England. The editor of this speech kept it back, until all the measures of
government have had their full operation, and can be no longer affected, if
ever they could have been affected, by any publication.
Most readers will recollect the uncommon pains taken at the beginning of
the last session of the last Parliament, and indeed during the whole course
of it, to asperse the characters and decry the measures of those who were
supposed to be friends to America, in order to weaken the effect of their
opposition to the acts of rigor then preparing against the colonies. The
speech contains a full refutation of the charges against that party with which
Mr. Burke has all along acted. In doing this, he has taken a review of the
effects of all the schemes which have been successively adopted in the
government of the plantations. The subject is interesting; the matters of
information various and important; and the publication at this time, the
editor hopes, will not be thought unseasonable.
Page 11
SPEECH.
During the last session of the last Parliament, on the 19th of April,
1774, Mr. Rose Fuller, member for Rye, made the following motion:
—
"That an act made in the seventh year of the reign of his present
Majesty, intituled, 'An act for granting certain duties in the British
colonies and plantations in America; for allowing a drawback of the
duties of customs upon the exportation from this kingdom of coffee
and cocoa-nuts, of the produce of the said colonies or plantations;
for discontinuing the drawbacks payable on china earthenware
exported to America; and for more effectually preventing the
clandestine running of goods in the said colonies and plantations,
might be read."
And the same being read accordingly, he moved,—
"That this House will, upon this day sevennight, resolve itself into a
committee of the whole House, to take into consideration the duty
of three-pence per pound weight upon tea, payable in all his
Majesty's dominions in America, imposed by the said act; and also
the appropriation of the said duty."
On this latter motion a warm and interesting debate arose, in which
Mr. Burke spoke as follows.
During the last session of the last Parliament, on the 19th of April,
1774, Mr. Rose Fuller, member for Rye, made the following motion:
—
"That an act made in the seventh year of the reign of his present
Majesty, intituled, 'An act for granting certain duties in the British
colonies and plantations in America; for allowing a drawback of the
duties of customs upon the exportation from this kingdom of coffee
and cocoa-nuts, of the produce of the said colonies or plantations;
for discontinuing the drawbacks payable on china earthenware
exported to America; and for more effectually preventing the
clandestine running of goods in the said colonies and plantations,
might be read."
And the same being read accordingly, he moved,—
"That this House will, upon this day sevennight, resolve itself into a
committee of the whole House, to take into consideration the duty
of three-pence per pound weight upon tea, payable in all his
Majesty's dominions in America, imposed by the said act; and also
the appropriation of the said duty."
On this latter motion a warm and interesting debate arose, in which
Mr. Burke spoke as follows.
Page 12
Sir,—I agree with the honorable gentleman[1] who spoke last, that this
subject is not new in this House. Very disagreeably to this House, very
unfortunately to this nation, and to the peace and prosperity of this whole
empire, no topic has been more familiar to us. For nine long years, session
after session, we have been lashed round and round this miserable circle of
occasional arguments and temporary expedients. I am sure our heads must
turn and our stomachs nauseate with them. We have had them in every
shape; we have looked at them in every point of view. Invention is
exhausted; reason is fatigued; experience has given judgment; but obstinacy
is not yet conquered.
The honorable gentleman has made one endeavor 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 resolution, 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 honorable gentleman on
all the American 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 to you the poor opinions which I have formed upon a matter of
importance enough to demand the fullest consideration I could bestow upon
it.
He has stated to the House two grounds of deliberation: one narrow and
simple, and merely confined to the question on your paper; the other more
large and more complicated,—comprehending the whole series of the
Parliamentary proceedings with regard to America, their causes, and their
consequences. With regard to the latter ground, he states it as useless, and
subject is not new in this House. Very disagreeably to this House, very
unfortunately to this nation, and to the peace and prosperity of this whole
empire, no topic has been more familiar to us. For nine long years, session
after session, we have been lashed round and round this miserable circle of
occasional arguments and temporary expedients. I am sure our heads must
turn and our stomachs nauseate with them. We have had them in every
shape; we have looked at them in every point of view. Invention is
exhausted; reason is fatigued; experience has given judgment; but obstinacy
is not yet conquered.
The honorable gentleman has made one endeavor 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 resolution, 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 honorable gentleman on
all the American 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 to you the poor opinions which I have formed upon a matter of
importance enough to demand the fullest consideration I could bestow upon
it.
He has stated to the House two grounds of deliberation: one narrow and
simple, and merely confined to the question on your paper; the other more
large and more complicated,—comprehending the whole series of the
Parliamentary proceedings with regard to America, their causes, and their
consequences. With regard to the latter ground, he states it as useless, and
Page 13
thinks it may be even dangerous, to enter into so extensive a field of
inquiry. Yet, to my surprise, he had hardly laid down this restrictive
proposition, to which his authority would have given so much weight, when
directly, and with the same authority, he condemns it, and declares it
absolutely necessary to enter into the most ample historical detail. His zeal
has thrown him a little out of his usual accuracy. In this perplexity, what
shall we do, Sir, who are willing to submit to the law he gives us? He has
reprobated in one part of his speech the rule he had laid down for debate in
the other, and, after narrowing the ground for all those who are to speak
after him, he takes an excursion, himself, as unbounded as the subject and
the extent of his great abilities.
Sir, when I cannot obey all his laws, I will do the best I can. I will
endeavor 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 retrospect is not wise; and the proper, the only proper
subject of inquiry, is "not how we got into this difficulty, but how we are to
get out of it." In other words, we are, according to him, to consult our
invention, and to reject our experience. The mode of deliberation he
recommends is diametrically opposite to every rule of reason and every
principle of good sense established amongst mankind. For that sense and
that reason I have always understood absolutely to prescribe, whenever we
are involved in difficulties from the measures we have pursued, that we
should take a strict review of those measures, in order to correct our errors,
if they should be corrigible,—or at least to avoid a dull uniformity in
mischief, and the unpitied calamity of being repeatedly caught in the same
snare.
inquiry. Yet, to my surprise, he had hardly laid down this restrictive
proposition, to which his authority would have given so much weight, when
directly, and with the same authority, he condemns it, and declares it
absolutely necessary to enter into the most ample historical detail. His zeal
has thrown him a little out of his usual accuracy. In this perplexity, what
shall we do, Sir, who are willing to submit to the law he gives us? He has
reprobated in one part of his speech the rule he had laid down for debate in
the other, and, after narrowing the ground for all those who are to speak
after him, he takes an excursion, himself, as unbounded as the subject and
the extent of his great abilities.
Sir, when I cannot obey all his laws, I will do the best I can. I will
endeavor 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 retrospect is not wise; and the proper, the only proper
subject of inquiry, is "not how we got into this difficulty, but how we are to
get out of it." In other words, we are, according to him, to consult our
invention, and to reject our experience. The mode of deliberation he
recommends is diametrically opposite to every rule of reason and every
principle of good sense established amongst mankind. For that sense and
that reason I have always understood absolutely to prescribe, whenever we
are involved in difficulties from the measures we have pursued, that we
should take a strict review of those measures, in order to correct our errors,
if they should be corrigible,—or at least to avoid a dull uniformity in
mischief, and the unpitied calamity of being repeatedly caught in the same
snare.
Page 14
Sir, I will freely follow the honorable gentleman in his historical
discussion, without the least management 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 honorable
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 honorable 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 of the
duty on tea. Sir, I can give no security on this subject. But I will do all that I
can, and all that can be fairly demanded. To the experience which the
honorable gentleman reprobates in one instant and reverts to in the next, to
that experience, without the least wavering or hesitation on my part, I
steadily appeal: and would to God there was no other arbiter to decide on
the vote with which the House is to conclude this day!
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 of the colonists with new jealousy and
all sorts of apprehensions, then it was that they quarrelled with the old taxes
as well as the new; then it was, and not till then, that they questioned all the
parts of your legislative power, and by the battery of such questions have
shaken the solid structure of this empire to its deepest foundations.
discussion, without the least management 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 honorable
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 honorable 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 of the
duty on tea. Sir, I can give no security on this subject. But I will do all that I
can, and all that can be fairly demanded. To the experience which the
honorable gentleman reprobates in one instant and reverts to in the next, to
that experience, without the least wavering or hesitation on my part, I
steadily appeal: and would to God there was no other arbiter to decide on
the vote with which the House is to conclude this day!
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 of the colonists with new jealousy and
all sorts of apprehensions, then it was that they quarrelled with the old taxes
as well as the new; then it was, and not till then, that they questioned all the
parts of your legislative power, and by the battery of such questions have
shaken the solid structure of this empire to its deepest foundations.
Page 15
Of those two propositions I shall, before I have done, give such
convincing, such damning proof, that, however the contrary may be
whispered in circles 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 ministers are with me. They at least are convinced that the repeal
of the Stamp Act had not, and that no repeal can have, the consequences
which the honorable gentleman who defends their measures is so much
alarmed at. To their conduct I refer him for a conclusive answer to his
objection. I carry my proof irresistibly into the very body of both Ministry
and Parliament: not on any general reasoning growing out of collateral
matter, but on the conduct of the honorable gentleman's ministerial friends
on the new revenue 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 ministry, 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 time of that
repeal, had thus addressed the minister:[2] "Condemning, as you do, the
repeal of the Stamp Act, why do you venture to repeal the duties upon glass,
paper, and painters' colors? 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 objection was as
palpable then as it is now; and it was as good for preserving the five duties
as for retaining the sixth. Besides, the minister will recollect that the repeal
of the Stamp Act had but just preceded his repeal; and the ill policy of that
measure, (had it been so impolitic as it has been represented,) and the
mischiefs it produced, were quite recent. Upon the principles, therefore, of
convincing, such damning proof, that, however the contrary may be
whispered in circles 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 ministers are with me. They at least are convinced that the repeal
of the Stamp Act had not, and that no repeal can have, the consequences
which the honorable gentleman who defends their measures is so much
alarmed at. To their conduct I refer him for a conclusive answer to his
objection. I carry my proof irresistibly into the very body of both Ministry
and Parliament: not on any general reasoning growing out of collateral
matter, but on the conduct of the honorable gentleman's ministerial friends
on the new revenue 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 ministry, 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 time of that
repeal, had thus addressed the minister:[2] "Condemning, as you do, the
repeal of the Stamp Act, why do you venture to repeal the duties upon glass,
paper, and painters' colors? 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 objection was as
palpable then as it is now; and it was as good for preserving the five duties
as for retaining the sixth. Besides, the minister will recollect that the repeal
of the Stamp Act had but just preceded his repeal; and the ill policy of that
measure, (had it been so impolitic as it has been represented,) and the
mischiefs it produced, were quite recent. Upon the principles, therefore, of
Page 16
the honorable gentleman, upon the principles of the minister himself, the
minister has nothing at all to answer. He stands condemned 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 honor, 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 noble lord out of the hands of those he calls his
friends, and even out of his own. I will do him the justice he is denied at
home. He has not been this wicked or imprudent man. He knew that a
repeal had no tendency to produce the mischiefs which give so much alarm
to his honorable friend. His work was not bad in its principle, but imperfect
in its execution; and the motion on your paper presses him only to complete
a proper plan, which, by some unfortunate and unaccountable error, he had
left unfinished.
I hope, Sir, the honorable gentleman who spoke last is thoroughly
satisfied, and satisfied out of the proceedings of ministry on their own
favorite 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 together; 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 disgraces of
Parliament. The preamble of this law, standing as it now stands, has the lie
direct given to it by the provisionary part of the act: if that can be called
provisionary which makes no provision. I should be afraid to express
myself in this manner, especially in the face of such a formidable array of
minister has nothing at all to answer. He stands condemned 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 honor, 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 noble lord out of the hands of those he calls his
friends, and even out of his own. I will do him the justice he is denied at
home. He has not been this wicked or imprudent man. He knew that a
repeal had no tendency to produce the mischiefs which give so much alarm
to his honorable friend. His work was not bad in its principle, but imperfect
in its execution; and the motion on your paper presses him only to complete
a proper plan, which, by some unfortunate and unaccountable error, he had
left unfinished.
I hope, Sir, the honorable gentleman who spoke last is thoroughly
satisfied, and satisfied out of the proceedings of ministry on their own
favorite 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 together; 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 disgraces of
Parliament. The preamble of this law, standing as it now stands, has the lie
direct given to it by the provisionary part of the act: if that can be called
provisionary which makes no provision. I should be afraid to express
myself in this manner, especially in the face of such a formidable array of
Page 17
ability as is now drawn up before me, composed of the ancient household
troops of that side of the House and the new recruits from this, if the matter
were not clear and indisputable. Nothing but truth could give me this
firmness; but plain truth and clear evidence can be beat down by no ability.
The clerk will be so good as to turn to the act, and to read this favorite
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 defraying the charge of the administration of justice and support of civil
government in such provinces where it shall be found necessary, and
towards further defraying the expenses of defending, protecting, and
securing the said dominions."
You have heard this pompous performance. Now where is the revenue
which is to do all these mighty things? Five sixths repealed,—abandoned,—
sunk,—gone,—lost forever. 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 preserving 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 suffer is the purging the statute-book of
the opprobrium 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 said in the paper in my hand:[3] a paper
which I constantly carry about; which I have often used, and shall often use
again. What is got by this paltry pretence of commercial principles I know
troops of that side of the House and the new recruits from this, if the matter
were not clear and indisputable. Nothing but truth could give me this
firmness; but plain truth and clear evidence can be beat down by no ability.
The clerk will be so good as to turn to the act, and to read this favorite
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 defraying the charge of the administration of justice and support of civil
government in such provinces where it shall be found necessary, and
towards further defraying the expenses of defending, protecting, and
securing the said dominions."
You have heard this pompous performance. Now where is the revenue
which is to do all these mighty things? Five sixths repealed,—abandoned,—
sunk,—gone,—lost forever. 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 preserving 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 suffer is the purging the statute-book of
the opprobrium 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 said in the paper in my hand:[3] a paper
which I constantly carry about; which I have often used, and shall often use
again. What is got by this paltry pretence of commercial principles I know
Page 18
not; for, if your government in America is destroyed by the repeal 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 principles 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 commercial motive never was
believed by any man, either in America, which this letter is meant to soothe,
or in England, which it is meant to deceive. It was impossible it should:
because every man, in the least acquainted with the detail of commerce,
must know that several of the articles on which the tax was repealed were
fitter objects of duties than almost any other articles that could possibly be
chosen,—without comparison more so than the tea that was left taxed, as
infinitely less liable to be eluded by 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, you ventured to impose a
duty on coals. In all the articles of American contraband trade, who ever
heard of the smuggling of red lead and white lead? You might, therefore,
well enough, without danger of contraband, and without injury to
commerce, (if this were the whole 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 objects themselves, and their utter
annihilation out of American commerce, would have been comparatively as
nothing. But is the article of tea such an object in the trade of England, as
not to be felt, or felt but slightly, like white lead, and red lead, and painters'
colors? Tea is an object of far other importance. Tea is perhaps the most
important object, taking it with its necessary connections, of any in the
mighty circle of our commerce. If commercial principles had been the true
it is of no consequence upon what ideas the repeal is grounded. Repeal this
tax, too, upon commercial principles, if you please. These principles will
serve as well now as they did formerly. But you know that either your
objection to a repeal from these supposed consequences has no validity, or
that this pretence never could remove it. This commercial motive never was
believed by any man, either in America, which this letter is meant to soothe,
or in England, which it is meant to deceive. It was impossible it should:
because every man, in the least acquainted with the detail of commerce,
must know that several of the articles on which the tax was repealed were
fitter objects of duties than almost any other articles that could possibly be
chosen,—without comparison more so than the tea that was left taxed, as
infinitely less liable to be eluded by 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, you ventured to impose a
duty on coals. In all the articles of American contraband trade, who ever
heard of the smuggling of red lead and white lead? You might, therefore,
well enough, without danger of contraband, and without injury to
commerce, (if this were the whole 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 objects themselves, and their utter
annihilation out of American commerce, would have been comparatively as
nothing. But is the article of tea such an object in the trade of England, as
not to be felt, or felt but slightly, like white lead, and red lead, and painters'
colors? Tea is an object of far other importance. Tea is perhaps the most
important object, taking it with its necessary connections, of any in the
mighty circle of our commerce. If commercial principles had been the true
Page 19
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 great affairs. Never have the servants of the state looked at the whole of
your complicated interests in one connected view. They have taken things
by bits and scraps, some at one time and one pretence, and some at another,
just as they pressed, without any sort of regard to their relations or
dependencies. They never had any kind of system, right or wrong; but only
invented occasionally some miserable tale for the day, in order meanly to
sneak out of difficulties into which they had proudly strutted. And they
were put to all these shifts and devices, full of meanness and full of
mischief, in order to pilfer piecemeal a repeal of an act which they had not
the generous courage, when they found and felt their error, honorably and
fairly to disclaim. By such management, by the irresistible operation of
feeble councils, so paltry a sum as three-pence 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 of the East India Company; and you well know what sort of
things are involved in the comprehensive 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 declamation. The monopoly of the most
lucrative trades and the possession of imperial revenues had brought you to
the verge of beggary and ruin. Such was your representation; such, in some
measure, was your case. The vent of ten millions of pounds of this
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 great affairs. Never have the servants of the state looked at the whole of
your complicated interests in one connected view. They have taken things
by bits and scraps, some at one time and one pretence, and some at another,
just as they pressed, without any sort of regard to their relations or
dependencies. They never had any kind of system, right or wrong; but only
invented occasionally some miserable tale for the day, in order meanly to
sneak out of difficulties into which they had proudly strutted. And they
were put to all these shifts and devices, full of meanness and full of
mischief, in order to pilfer piecemeal a repeal of an act which they had not
the generous courage, when they found and felt their error, honorably and
fairly to disclaim. By such management, by the irresistible operation of
feeble councils, so paltry a sum as three-pence 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 of the East India Company; and you well know what sort of
things are involved in the comprehensive 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 declamation. The monopoly of the most
lucrative trades and the possession of imperial revenues had brought you to
the verge of beggary and ruin. Such was your representation; such, in some
measure, was your case. The vent of ten millions of pounds of this
Page 20
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 of the world can furnish but
America, where tea is next to a necessary of life, and where the demand
grows upon the supply. I hope our dear-bought East India Committees have
done us at least so much good, as to let us know, that, without a more
extensive sale of that article, our East India revenues and acquisitions can
have no certain connection with this country. It is through the American
trade of tea that your East India conquests are to be prevented from
crushing you with their burden. 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 benefit of the West and of the
East. This folly has thrown open folding-doors to contraband, and will be
the means of giving the profits of the trade of your colonies to every nation
but yourselves. Never did a people suffer so much for the empty words of a
preamble. It must be given up. For on what principle does it stand? This
famous revenue stands, at this hour, on all the debate, as a description of
revenue not as yet known in all the comprehensive (but too
comprehensive!) vocabulary of finance,—a preambulary tax. It is, indeed, a
tax of sophistry, a tax of pedantry, a tax of disputation, a tax of war and
rebellion, a tax for anything but benefit to the imposers or satisfaction to the
subject.
Well! but whatever it is, gentlemen will force the colonists to take the
teas. You will force them? Has seven years' struggle been yet able to force
them? Oh, but it seems "we are in the right. The tax is trifling,—in effect it
is rather an exoneration than an imposition; three fourths of the duty
formerly payable on teas exported to America is taken off,—the place of
collection is only shifted; instead of the retention of a shilling from the
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 of the world can furnish but
America, where tea is next to a necessary of life, and where the demand
grows upon the supply. I hope our dear-bought East India Committees have
done us at least so much good, as to let us know, that, without a more
extensive sale of that article, our East India revenues and acquisitions can
have no certain connection with this country. It is through the American
trade of tea that your East India conquests are to be prevented from
crushing you with their burden. 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 benefit of the West and of the
East. This folly has thrown open folding-doors to contraband, and will be
the means of giving the profits of the trade of your colonies to every nation
but yourselves. Never did a people suffer so much for the empty words of a
preamble. It must be given up. For on what principle does it stand? This
famous revenue stands, at this hour, on all the debate, as a description of
revenue not as yet known in all the comprehensive (but too
comprehensive!) vocabulary of finance,—a preambulary tax. It is, indeed, a
tax of sophistry, a tax of pedantry, a tax of disputation, a tax of war and
rebellion, a tax for anything but benefit to the imposers or satisfaction to the
subject.
Well! but whatever it is, gentlemen will force the colonists to take the
teas. You will force them? Has seven years' struggle been yet able to force
them? Oh, but it seems "we are in the right. The tax is trifling,—in effect it
is rather an exoneration than an imposition; three fourths of the duty
formerly payable on teas exported to America is taken off,—the place of
collection is only shifted; instead of the retention of a shilling from the
Page 21
drawback here, it is three-pence custom paid in America." All this, Sir, is
very true. But this is the very folly and mischief of the act. Incredible as it
may seem, you know that you have 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
revenue; 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 anything be a subject of more just alarm to America than to see
you go out of the plain highroad of finance, and give up your most certain
revenues and your clearest interest, merely for the sake of insulting your
colonies? No man ever doubted that the commodity of tea could bear an
imposition of three-pence. 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 shillings, on the principle it was demanded, would have
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
revenue; 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 anything be a subject of more just alarm to America than to see
you go out of the plain highroad of finance, and give up your most certain
revenues and your clearest interest, merely for the sake of insulting your
colonies? No man ever doubted that the commodity of tea could bear an
imposition of three-pence. 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 shillings, on the principle it was demanded, would have
Page 22
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 principle 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 solemn Parliamentary
declaration of the expediency of any object, for which, at the same time,
you make no sort of provision. And pray, Sir, let not this circumstance
escape you,—it is very material, —that the preamble of this act which 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 awkward situation of fighting for a phantom,—a quiddity,—
a thing that wants, not only a substance, but even a name,—for a thing
which is neither abstract right nor profitable enjoyment.
They tell you, Sir, that your dignity is tied to it. I know not how it
happens, but this dignify of yours is a terrible incumbrance to you; for it has
of late been ever at war with your interest, your equity, and every idea of
your policy. Show the thing you contend for to be reason, show it to be
common sense, show it to be the means of attaining some useful end, and
then I am content to allow it what dignity you please. But what dignity is
derived from the perseverance in absurdity is more than ever I could
discern. The honorable gentleman has said well,—indeed, in most of his
general observations I agree with him,—he says, that this subject does not
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 principle 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 solemn Parliamentary
declaration of the expediency of any object, for which, at the same time,
you make no sort of provision. And pray, Sir, let not this circumstance
escape you,—it is very material, —that the preamble of this act which 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 awkward situation of fighting for a phantom,—a quiddity,—
a thing that wants, not only a substance, but even a name,—for a thing
which is neither abstract right nor profitable enjoyment.
They tell you, Sir, that your dignity is tied to it. I know not how it
happens, but this dignify of yours is a terrible incumbrance to you; for it has
of late been ever at war with your interest, your equity, and every idea of
your policy. Show the thing you contend for to be reason, show it to be
common sense, show it to be the means of attaining some useful end, and
then I am content to allow it what dignity you please. But what dignity is
derived from the perseverance in absurdity is more than ever I could
discern. The honorable gentleman has said well,—indeed, in most of his
general observations I agree with him,—he says, that this subject does not
Page 23
stand as it did formerly. Oh, certainly not! Every hour you continue on this
ill-chosen ground, your difficulties thicken on you; and therefore my
conclusion is, remove from a bad position as quickly as you can. The
disgrace, and the necessity of yielding, both of them, grow upon you every
hour of your delay.
But will you repeal the act, says the honorable 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 honorable gentleman remembers that about five years ago as great
disturbances as the present prevailed in America on account of the new
taxes. The ministers represented these disturbances as treasonable; and this
House thought proper, on that representation, to make a famous address for
a revival and for a new application of a statute of Henry the Eighth. 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 honorable
gentleman was then given as a reason for shutting the door against all hope
of such an alteration. And so strong was the spirit for supporting the new
taxes, that the session concluded with the following remarkable declaration.
After stating the vigorous measures which had been pursued, 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 effectually to discourage and
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 yielding, both of them, grow upon you every
hour of your delay.
But will you repeal the act, says the honorable 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 honorable gentleman remembers that about five years ago as great
disturbances as the present prevailed in America on account of the new
taxes. The ministers represented these disturbances as treasonable; and this
House thought proper, on that representation, to make a famous address for
a revival and for a new application of a statute of Henry the Eighth. 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 honorable
gentleman was then given as a reason for shutting the door against all hope
of such an alteration. And so strong was the spirit for supporting the new
taxes, that the session concluded with the following remarkable declaration.
After stating the vigorous measures which had been pursued, 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 effectually to discourage and
Page 24
defeat the designs of the factious and seditious than the hearty concurrence
of every branch of the legislature in the resolution of maintaining the
execution of the laws in every part of my dominions."
After this no man dreamt that a repeal under this ministry could possibly
take place. The honorable gentleman knows 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
thirteenth of the same month, the public circular letter, a part of which I am
going to read to you, was written by Lord Hillsborough, 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, notwithstanding insinuations to the
contrary from men with factious and seditious views, that his Majesty's
present administration have at no time entertained a design to propose to
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
colors, upon consideration of such duties having been laid contrary to the
true principles of commerce.
"These have always been, and still are, the sentiments of his Majesty's
present servants, and by which their conduct in respect to America has been
governed. And his Majesty relies upon your prudence and fidelity for such
an explanation of his measures 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
reëstablish that mutual confidence and affection upon which the glory and
safety of the British empire depend."
of every branch of the legislature in the resolution of maintaining the
execution of the laws in every part of my dominions."
After this no man dreamt that a repeal under this ministry could possibly
take place. The honorable gentleman knows 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
thirteenth of the same month, the public circular letter, a part of which I am
going to read to you, was written by Lord Hillsborough, 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, notwithstanding insinuations to the
contrary from men with factious and seditious views, that his Majesty's
present administration have at no time entertained a design to propose to
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
colors, upon consideration of such duties having been laid contrary to the
true principles of commerce.
"These have always been, and still are, the sentiments of his Majesty's
present servants, and by which their conduct in respect to America has been
governed. And his Majesty relies upon your prudence and fidelity for such
an explanation of his measures 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
reëstablish that mutual confidence and affection upon which the glory and
safety of the British empire depend."
Page 25
Here, Sir, is a canonical boot of ministerial scripture: the general epistle
to the Americans. What does the gentleman say to it? Here a repeal is
promised,—promised without condition,—and while your authority was
actually resisted. I pass by the public promise of a peer relative to the repeal
of taxes by this House. I pass by the use of the king's name in a matter of
supply, that sacred and reserved right of the Commons. I conceal the
ridiculous figure of Parliament hurling its thunders at the gigantic rebellion
of America, and then, five days after, prostrate 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 abominable 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 the
inmost and most sacred shrine, and they pawn him as a security for their
promises:—"His Majesty relies on your prudence and fidelity for such an
explanation of his measures." These sentiments of the minister and these
measures of his Majesty can only relate 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, endeavor to
to the Americans. What does the gentleman say to it? Here a repeal is
promised,—promised without condition,—and while your authority was
actually resisted. I pass by the public promise of a peer relative to the repeal
of taxes by this House. I pass by the use of the king's name in a matter of
supply, that sacred and reserved right of the Commons. I conceal the
ridiculous figure of Parliament hurling its thunders at the gigantic rebellion
of America, and then, five days after, prostrate 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 abominable 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 the
inmost and most sacred shrine, and they pawn him as a security for their
promises:—"His Majesty relies on your prudence and fidelity for such an
explanation of his measures." These sentiments of the minister and these
measures of his Majesty can only relate 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, endeavor to
Page 26
remove the fears of the Virginian assembly lest the sentiments 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, favorable to wicked American taxers, be hereafter
counteracted. He addresses them in this manner:—
"It may possibly be objected, that, as his Majesty's present administration
are not immortal, their successors may be inclined to attempt to undo what
the present ministers shall have attempted to perform; and to that objection
I can give but this answer: that it is my firm opinion, that the plan I have
stated to you will certainly take place, and that it will never be departed
from; and so determined am I forever to abide by it, that I will be content to
be declared infamous, if I do not, to the last hour of my life, at all times, in
all places, and upon all occasions, exert every power with which I either am
or ever shall be legally invested, in order to obtain and maintain for the
continent of America 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 honor so high that he would rather
part with his crown than preserve it by deceit."[4]
A glorious and true character! which (since we suffer his ministers with
impunity to answer for his ideas of taxation) we ought to make it our
business to enable his Majesty to preserve in all its lustre. Let him have
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 of the noble lord upon the floor,[5] and
of all the king's then ministers, who (with, I think, the exception 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
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, favorable to wicked American taxers, be hereafter
counteracted. He addresses them in this manner:—
"It may possibly be objected, that, as his Majesty's present administration
are not immortal, their successors may be inclined to attempt to undo what
the present ministers shall have attempted to perform; and to that objection
I can give but this answer: that it is my firm opinion, that the plan I have
stated to you will certainly take place, and that it will never be departed
from; and so determined am I forever to abide by it, that I will be content to
be declared infamous, if I do not, to the last hour of my life, at all times, in
all places, and upon all occasions, exert every power with which I either am
or ever shall be legally invested, in order to obtain and maintain for the
continent of America 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 honor so high that he would rather
part with his crown than preserve it by deceit."[4]
A glorious and true character! which (since we suffer his ministers with
impunity to answer for his ideas of taxation) we ought to make it our
business to enable his Majesty to preserve in all its lustre. Let him have
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 of the noble lord upon the floor,[5] and
of all the king's then ministers, who (with, I think, the exception 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
Page 27
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 exactly, 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 confidential
communications from his Majesty's confidential servants. We were nothing
but instruments. Do you, after this, wonder that you have no weight and no
respect in the colonies? After this are you surprised that Parliament is every
day and everywhere losing (I feel it with sorrow, I utter it with reluctance)
that 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 underpinning and clumsy buttresses of arbitrary power?
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 terror and empty menaces, you had, as you were often pressed to do,
repealed these taxes, then your strong operations would have come justified
and enforced, in case your concessions had been returned by outrages. But,
preposterously, you began with violence; and before terrors could have any
effect, either good or bad, your ministers immediately begged pardon, and
promised that repeal to the obstinate Americans which they had refused in
an easy, good-natured, complying British Parliament. The assemblies,
which had been publicly and avowedly dissolved for their contumacy, are
called together to receive your submission. Your ministerial directors
blustered like tragic tyrants here; and then went mumping with a sore leg in
America, canting, and whining, and complaining of faction, which
represented them as friends to a revenue from the colonies. I hope nobody
in this House will hereafter have the impudence to defend American taxes
in the name of ministry. The moment they do, with this letter of attorney in
assemblies. It was in America that your resolutions were pre-declared. It
was from thence that we knew to a certainty how much exactly, 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 confidential
communications from his Majesty's confidential servants. We were nothing
but instruments. Do you, after this, wonder that you have no weight and no
respect in the colonies? After this are you surprised that Parliament is every
day and everywhere losing (I feel it with sorrow, I utter it with reluctance)
that 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 underpinning and clumsy buttresses of arbitrary power?
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 terror and empty menaces, you had, as you were often pressed to do,
repealed these taxes, then your strong operations would have come justified
and enforced, in case your concessions had been returned by outrages. But,
preposterously, you began with violence; and before terrors could have any
effect, either good or bad, your ministers immediately begged pardon, and
promised that repeal to the obstinate Americans which they had refused in
an easy, good-natured, complying British Parliament. The assemblies,
which had been publicly and avowedly dissolved for their contumacy, are
called together to receive your submission. Your ministerial directors
blustered like tragic tyrants here; and then went mumping with a sore leg in
America, canting, and whining, and complaining of faction, which
represented them as friends to a revenue from the colonies. I hope nobody
in this House will hereafter have the impudence to defend American taxes
in the name of ministry. The moment they do, with this letter of attorney in
Page 28
my hand, I will tell them, in the authorized terms, they are wretches "with
factious and seditious views," "enemies to the peace and prosperity of the
mother country and the colonies," and subverters "of the mutual affection
and confidence on which the glory and safety of the British empire
depend."
After this letter, the question is no more on propriety 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 of this faith is of more
consequence than the duties on red lead, or white lead, or on broken glass,
or atlas-ordinary, or demy-fine, or blue-royal, or bastard, or fools cap,
which you have given up, or the three-pence on tea which you retained. The
letter went stamped with the public authority of this kingdom. The
instructions for the colony government go under no other sanction; and
America cannot believe, and will not obey you, if you do not preserve this
channel of communication sacred. You are now punishing the colonies for
acting on distinctions held out by that very ministry which is here shining in
riches, in favor, and in power, and urging the punishment of the very
offence to which they had themselves been the tempters.
Sir, if reasons respecting simply your own commerce, which is your own
convenience, were the sole 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 reëstablishing the confidence and affection of the colonies?" Is it a way
of soothing others, to assure them that you will take good care of yourself?
The medium, the only medium, for regaining their affection and confidence
factious and seditious views," "enemies to the peace and prosperity of the
mother country and the colonies," and subverters "of the mutual affection
and confidence on which the glory and safety of the British empire
depend."
After this letter, the question is no more on propriety 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 of this faith is of more
consequence than the duties on red lead, or white lead, or on broken glass,
or atlas-ordinary, or demy-fine, or blue-royal, or bastard, or fools cap,
which you have given up, or the three-pence on tea which you retained. The
letter went stamped with the public authority of this kingdom. The
instructions for the colony government go under no other sanction; and
America cannot believe, and will not obey you, if you do not preserve this
channel of communication sacred. You are now punishing the colonies for
acting on distinctions held out by that very ministry which is here shining in
riches, in favor, and in power, and urging the punishment of the very
offence to which they had themselves been the tempters.
Sir, if reasons respecting simply your own commerce, which is your own
convenience, were the sole 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 reëstablishing the confidence and affection of the colonies?" Is it a way
of soothing others, to assure them that you will take good care of yourself?
The medium, the only medium, for regaining their affection and confidence
Page 29
is that you will take off something oppressive to their minds. Sir, the letter
strongly enforces 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 of the intention of
taxing for revenue, as a constant, invariable sentiment and rule of conduct
in the government of America.
I remember that the noble lord on the floor, not in a former debate to be
sure, (it would be disorderly to refer to it, I suppose I read it somewhere,)
but the noble lord was pleased to say, that he did not conceive how it could
enter into the head of man to impose such taxes as those of 1767: I mean
those taxes which he voted for imposing, and voted for repealing,—as being
taxes, contrary to all the principles of commerce, laid on British
manufactures.
I dare say the noble lord is perfectly well read, 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
suppose he made one step retrograde (it is but one) and looked at the act
which stands just before in the statute-book. The American revenue act is
the forty-fifth chapter; the other to which I refer is the forty-fourth of the
same session. These two acts are both to the same purpose: both revenue
acts; both taxing out of the kingdom; and both taxing British manufactures
exported. As the forty-fifth is an act for raising a revenue in America, the
forty-fourth is an act for raising a revenue in the Isle of Man. The two acts
perfectly agree in all respects, except one. In the act for taxing the Isle of
Man the noble lord will find, not, as in the American act, four or fire
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
strongly enforces 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 of the intention of
taxing for revenue, as a constant, invariable sentiment and rule of conduct
in the government of America.
I remember that the noble lord on the floor, not in a former debate to be
sure, (it would be disorderly to refer to it, I suppose I read it somewhere,)
but the noble lord was pleased to say, that he did not conceive how it could
enter into the head of man to impose such taxes as those of 1767: I mean
those taxes which he voted for imposing, and voted for repealing,—as being
taxes, contrary to all the principles of commerce, laid on British
manufactures.
I dare say the noble lord is perfectly well read, 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
suppose he made one step retrograde (it is but one) and looked at the act
which stands just before in the statute-book. The American revenue act is
the forty-fifth chapter; the other to which I refer is the forty-fourth of the
same session. These two acts are both to the same purpose: both revenue
acts; both taxing out of the kingdom; and both taxing British manufactures
exported. As the forty-fifth is an act for raising a revenue in America, the
forty-fourth is an act for raising a revenue in the Isle of Man. The two acts
perfectly agree in all respects, except one. In the act for taxing the Isle of
Man the noble lord will find, not, as in the American act, four or fire
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
Page 30
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 manufactures
exported to the Isle of Man? The principle was exactly the same, the objects
charged infinitely more extensive, the duties without comparison higher.
Why? Why, 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 Hillsborough's letter well expresses it, to regain "the
confidence and affection of the colonies, on which the glory and safety of
the British empire depend." A wise and just motive, surely, if ever there was
such. But the mischief and dishonor is, that you have not done what you
had given the colonies just cause to expect, when your ministers disclaimed
the idea of taxes for a revenue. There is nothing simple, nothing manly,
nothing ingenuous, open, decisive, or steady, in the proceeding, with regard
either to the continuance or the repeal of the taxes. The whole has an air of
littleness and fraud. The article of tea is slurred over in the circular letter, as
it were by accident: nothing is said of a resolution either to 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 and your public 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 reasons for giving up this duty on
tea than for abandoning the five others that you have already renounced.
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 manufactures
exported to the Isle of Man? The principle was exactly the same, the objects
charged infinitely more extensive, the duties without comparison higher.
Why? Why, 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 Hillsborough's letter well expresses it, to regain "the
confidence and affection of the colonies, on which the glory and safety of
the British empire depend." A wise and just motive, surely, if ever there was
such. But the mischief and dishonor is, that you have not done what you
had given the colonies just cause to expect, when your ministers disclaimed
the idea of taxes for a revenue. There is nothing simple, nothing manly,
nothing ingenuous, open, decisive, or steady, in the proceeding, with regard
either to the continuance or the repeal of the taxes. The whole has an air of
littleness and fraud. The article of tea is slurred over in the circular letter, as
it were by accident: nothing is said of a resolution either to 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 and your public 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 reasons for giving up this duty on
tea than for abandoning the five others that you have already renounced.
Page 31
The American consumption of teas is annually, I believe, worth 300,000l.
at the least farthing. If you urge the American violence as a justification of
your perseverance in enforcing this tax, you know that you can never
answer this plain question,—Why did you repeal the others given in the
same act, whilst the very same violence subsisted?—But you 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 specific tax, you
manifestly 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 you at the end of every visto. Your commerce,
your policy, your promises, your reasons, your pretences, your consistency,
your inconsistency,—all jointly oblige you to this repeal.
But still it sticks in our throats, if we go so far, the Americans will go
farther.—We do not know that. We ought, from experience, rather to
presume 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 governors is peace, good-will, order, and esteem, on
the part of the governed. I would certainly, at least, give these fair principles
a fair trial; which, since the making of this act to this hour, they never have
had.
Sir, the honorable gentleman having spoken what he thought necessary
upon the narrow part of the subject, I have given him, I hope, a satisfactory
answer. He next presses me, by a variety of direct challenges and oblique
at the least farthing. If you urge the American violence as a justification of
your perseverance in enforcing this tax, you know that you can never
answer this plain question,—Why did you repeal the others given in the
same act, whilst the very same violence subsisted?—But you 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 specific tax, you
manifestly 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 you at the end of every visto. Your commerce,
your policy, your promises, your reasons, your pretences, your consistency,
your inconsistency,—all jointly oblige you to this repeal.
But still it sticks in our throats, if we go so far, the Americans will go
farther.—We do not know that. We ought, from experience, rather to
presume 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 governors is peace, good-will, order, and esteem, on
the part of the governed. I would certainly, at least, give these fair principles
a fair trial; which, since the making of this act to this hour, they never have
had.
Sir, the honorable gentleman having spoken what he thought necessary
upon the narrow part of the subject, I have given him, I hope, a satisfactory
answer. He next presses me, by a variety of direct challenges and oblique
Page 32
reflections, to say something on the historical part. I shall therefore, Sir,
open myself fully on that important and delicate subject: not for the sake of
telling you a long story, (which, I know, Mr. Speaker, you are not
particularly fond of,) but for the sake of the weighty instruction that, I
flatter 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 cornerstone 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 merely 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 upon them,
and for which, without some degree of liberty, they could not pay. Hence all
your specific and detailed enumerations; hence the innumerable checks and
counterchecks; hence that infinite variety of paper chains by which you
bind together this complicated system of the colonies. This principle 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 established as that from
whence alone you proposed to make the colonies contribute (I mean
directly and by the operation of your superintending legislative 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. How ever, titles and formal preambles are not always
open myself fully on that important and delicate subject: not for the sake of
telling you a long story, (which, I know, Mr. Speaker, you are not
particularly fond of,) but for the sake of the weighty instruction that, I
flatter 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 cornerstone 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 merely 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 upon them,
and for which, without some degree of liberty, they could not pay. Hence all
your specific and detailed enumerations; hence the innumerable checks and
counterchecks; hence that infinite variety of paper chains by which you
bind together this complicated system of the colonies. This principle 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 established as that from
whence alone you proposed to make the colonies contribute (I mean
directly and by the operation of your superintending legislative 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. How ever, titles and formal preambles are not always
Page 33
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 sixth 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
of trade; "An act for the better securing of the trade of his Majesty's sugar
colonies in America." This act was made on a compromise of all, and at the
express desire of a part, of the colonies themselves. It was therefore in some
measure with their consent; and having a title directly purporting only a
commercial regulation, and being in truth nothing more, the words were
passed by, at a time when no jealousy was entertained, and things were little
scrutinized. Even Governor Bernard, in his second printed letter, dated in
1763, gives it as his opinion, that "it was an act of prohibition, not of
revenue." This is certainly true, that no act avowedly for the purpose of
revenue, and with the ordinary title and recital taken together, is found in
the statute-book until the year I have mentioned: that is, the year 1764. All
before this period stood on commercial regulation and restraint. The scheme
of a colony revenue by British authority appeared, therefore, to the
Americans in the light of a great innovation. The words of Governor
Bernard's ninth letter, written in November, 1765, state this idea very
strongly. "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
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 sixth 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
of trade; "An act for the better securing of the trade of his Majesty's sugar
colonies in America." This act was made on a compromise of all, and at the
express desire of a part, of the colonies themselves. It was therefore in some
measure with their consent; and having a title directly purporting only a
commercial regulation, and being in truth nothing more, the words were
passed by, at a time when no jealousy was entertained, and things were little
scrutinized. Even Governor Bernard, in his second printed letter, dated in
1763, gives it as his opinion, that "it was an act of prohibition, not of
revenue." This is certainly true, that no act avowedly for the purpose of
revenue, and with the ordinary title and recital taken together, is found in
the statute-book until the year I have mentioned: that is, the year 1764. All
before this period stood on commercial regulation and restraint. The scheme
of a colony revenue by British authority appeared, therefore, to the
Americans in the light of a great innovation. The words of Governor
Bernard's ninth letter, written in November, 1765, state this idea very
strongly. "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
Page 34
inland taxation in America?" Whatever the right might have been, this mode
of using it was absolutely new in policy and practice.
Sir, they who are friends to the schemes of American 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 Navigation until 1764. Why? Because men do bear the
inevitable constitution of their original nature with all its infirmities. The
Act of Navigation attended the colonies from their infancy, grow with their
growth, and strengthened with their strength They were confirmed in
obedience to it even more by usage than by law. They scarcely had
remembered a time when they were not subject to such restraint. Besides,
they were indemnified for it by a pecuniary compensation. Their
monopolist happened to be one of the richest men in the world. By his
immense capital (primarily employed, not for their benefit, but his own)
they were enabled to proceed with their fisheries, their agriculture, their
shipbuilding, (and their trade, too, within the limits,) in such a manner as
got far the start of the slow, languid operations of unassisted Nature. This
capital was a hot-bed to them. Nothing in the history of mankind is like
their progress. For my part, I never cast an eye on their flourishing
commerce, and their cultivated and commodious life, but they seem to me
rather ancient nations grown to perfection through a long series of fortunate
events, and a train of successful industry, accumulating wealth in many
centuries, than the colonies of yesterday,—than a set of miserable outcasts a
few years ago, not so much sent as thrown out on the bleak and barren
shore of a desolate wilderness three thousand miles from all civilized
intercourse.
All this was done by England whilst England pursued trade and forgot
revenue. You not only acquired commerce, but you actually created the very
of using it was absolutely new in policy and practice.
Sir, they who are friends to the schemes of American revenue say, that
the commercial restraint is full as hard a law for America to live under. I
think so, 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 Navigation until 1764. Why? Because men do bear the
inevitable constitution of their original nature with all its infirmities. The
Act of Navigation attended the colonies from their infancy, grow with their
growth, and strengthened with their strength They were confirmed in
obedience to it even more by usage than by law. They scarcely had
remembered a time when they were not subject to such restraint. Besides,
they were indemnified for it by a pecuniary compensation. Their
monopolist happened to be one of the richest men in the world. By his
immense capital (primarily employed, not for their benefit, but his own)
they were enabled to proceed with their fisheries, their agriculture, their
shipbuilding, (and their trade, too, within the limits,) in such a manner as
got far the start of the slow, languid operations of unassisted Nature. This
capital was a hot-bed to them. Nothing in the history of mankind is like
their progress. For my part, I never cast an eye on their flourishing
commerce, and their cultivated and commodious life, but they seem to me
rather ancient nations grown to perfection through a long series of fortunate
events, and a train of successful industry, accumulating wealth in many
centuries, than the colonies of yesterday,—than a set of miserable outcasts a
few years ago, not so much sent as thrown out on the bleak and barren
shore of a desolate wilderness three thousand miles from all civilized
intercourse.
All this was done by England whilst England pursued trade and forgot
revenue. You not only acquired commerce, but you actually created the very
Page 35
objects of trade in America; and by that creation you raised the trade of this
kingdom at least fourfold. America had the compensation of your capital,
which made her bear her servitude. She had another compensation, which
you are now going to take away from her. She had, except the commercial
restraint, every characteristic mark of a free people in all her internal
concerns. She had the image of the British Constitution. She had the
substance. She was taxed by her own representatives. She chose most of her
own magistrates. She paid them all. She had in effect the sole disposal of
her own internal government. This whole state of commercial servitude and
civil liberty, taken together, is certainly not perfect freedom; but comparing
it with the ordinary circumstances of human nature, it was an happy and a
liberal condition.
I know, Sir, that great and not unsuccessful pains have been taken to
inflame our minds by an outcry, in this House, and out of it, that in America
the Act of Navigation neither is or never was obeyed. But if you take the
colonies through, I affirm that its authority never was disputed,—that it was
nowhere disputed for any length of time,—and, on the whole, that it was
well observed. Wherever the act 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 Pentland Frith to the
Isle of Wight in which they do not smuggle immense quantities of teas, East
India goods, and brandies. I take it for granted that the authority of
Governor Bernard in this point is indisputable. Speaking of these laws, as
they regarded that part of America now in so unhappy a condition, he says,
"I believe they are nowhere better supported than in this province: I do not
kingdom at least fourfold. America had the compensation of your capital,
which made her bear her servitude. She had another compensation, which
you are now going to take away from her. She had, except the commercial
restraint, every characteristic mark of a free people in all her internal
concerns. She had the image of the British Constitution. She had the
substance. She was taxed by her own representatives. She chose most of her
own magistrates. She paid them all. She had in effect the sole disposal of
her own internal government. This whole state of commercial servitude and
civil liberty, taken together, is certainly not perfect freedom; but comparing
it with the ordinary circumstances of human nature, it was an happy and a
liberal condition.
I know, Sir, that great and not unsuccessful pains have been taken to
inflame our minds by an outcry, in this House, and out of it, that in America
the Act of Navigation neither is or never was obeyed. But if you take the
colonies through, I affirm that its authority never was disputed,—that it was
nowhere disputed for any length of time,—and, on the whole, that it was
well observed. Wherever the act 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 Pentland Frith to the
Isle of Wight in which they do not smuggle immense quantities of teas, East
India goods, and brandies. I take it for granted that the authority of
Governor Bernard in this point is indisputable. Speaking of these laws, as
they regarded that part of America now in so unhappy a condition, he says,
"I believe they are nowhere better supported than in this province: I do not
Page 36
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 monopoly, rather than on that of revenue, is at this
day a problem of mere speculation. You cannot have both by the same
authority. To join together the restraints of an universal internal and external
monopoly with an universal internal and external taxation is an unnatural
union,—perfect, uncompensated slavery. You have long since decided for
yourself and them; and you and they have prospered exceedingly under that
decision.
This nation, Sir, never thought of departing from that choice until the
period immediately on the close of the last war. Then a scheme of
government, new in many things, seemed to have been adopted. I saw, or
thought I saw, several symptoms of a great change, whilst I sat in your
gallery, a good while before I had the honor of a seat in this House. At that
period the necessity was established of keeping up no less than twenty new
regiments, with twenty colonels capable of seats in this House. This scheme
was adopted with very general applause from all sides, at the very time that,
by your conquests in America, your danger from foreign attempts in that
part of the world was much lessened, or indeed rather quite over. When this
huge increase of military establishment was resolved on, a revenue was to
be found to support so great a burden. Country gentlemen, the great patrons
of economy, and the great resisters of a standing armed force, would not
have entered with much alacrity into the vote for so large and so expensive
an army, if they had been very sure that they were to continue to pay for it.
But hopes of another kind were held out to them; and in particular, I well
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 monopoly, rather than on that of revenue, is at this
day a problem of mere speculation. You cannot have both by the same
authority. To join together the restraints of an universal internal and external
monopoly with an universal internal and external taxation is an unnatural
union,—perfect, uncompensated slavery. You have long since decided for
yourself and them; and you and they have prospered exceedingly under that
decision.
This nation, Sir, never thought of departing from that choice until the
period immediately on the close of the last war. Then a scheme of
government, new in many things, seemed to have been adopted. I saw, or
thought I saw, several symptoms of a great change, whilst I sat in your
gallery, a good while before I had the honor of a seat in this House. At that
period the necessity was established of keeping up no less than twenty new
regiments, with twenty colonels capable of seats in this House. This scheme
was adopted with very general applause from all sides, at the very time that,
by your conquests in America, your danger from foreign attempts in that
part of the world was much lessened, or indeed rather quite over. When this
huge increase of military establishment was resolved on, a revenue was to
be found to support so great a burden. Country gentlemen, the great patrons
of economy, and the great resisters of a standing armed force, would not
have entered with much alacrity into the vote for so large and so expensive
an army, if they had been very sure that they were to continue to pay for it.
But hopes of another kind were held out to them; and in particular, I well
Page 37
remember that Mr. Townshend, 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 afterwards, when it was devolved upon a person to
whom, on other accounts, this country owes very great obligations. I do
believe that he had a very serious desire to benefit the public. But with no
small study of the detail, he did not seem to have his view, at least equally,
carried to the total circuit of our affairs. He generally considered his objects
in lights that were rather too detached. Whether the business of an
American revenue was imposed upon him altogether,—whether it was
entirely the result of his own speculation, or, what is more probable, that his
own ideas rather coincided with the instructions he had received,—certain it
is, that, with the best intentions in the world, he first brought this fatal
scheme into form, and established it by Act of Parliament.
No man can believe, that, at this time of day, I mean to lean on the
venerable memory of a great man, whose loss we deplore in common. Our
little party differences have been long ago composed; and I have acted more
with him, and certainly with more pleasure with him, than ever I acted
against him. Undoubtedly Mr. Grenville was a first-rate figure in this
country. With a masculine understanding, and a stout and resolute heart, he
had an application undissipated and unwearied. He took public 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 politics of a court,
but to win his way to power through the laborious gradations of public
service, and to secure himself a well-earned rank in Parliament by a
dazzle them by playing before their eyes the image of a revenue to be raised
in America.
Here began to dawn the first glimmerings of this new colony system. It
appeared more distinctly afterwards, when it was devolved upon a person to
whom, on other accounts, this country owes very great obligations. I do
believe that he had a very serious desire to benefit the public. But with no
small study of the detail, he did not seem to have his view, at least equally,
carried to the total circuit of our affairs. He generally considered his objects
in lights that were rather too detached. Whether the business of an
American revenue was imposed upon him altogether,—whether it was
entirely the result of his own speculation, or, what is more probable, that his
own ideas rather coincided with the instructions he had received,—certain it
is, that, with the best intentions in the world, he first brought this fatal
scheme into form, and established it by Act of Parliament.
No man can believe, that, at this time of day, I mean to lean on the
venerable memory of a great man, whose loss we deplore in common. Our
little party differences have been long ago composed; and I have acted more
with him, and certainly with more pleasure with him, than ever I acted
against him. Undoubtedly Mr. Grenville was a first-rate figure in this
country. With a masculine understanding, and a stout and resolute heart, he
had an application undissipated and unwearied. He took public 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 politics of a court,
but to win his way to power through the laborious gradations of public
service, and to secure himself a well-earned rank in Parliament by a
Page 38
thorough knowledge of its constitution and a perfect practice in all its
business.
Sir, if such a man fell into errors, it must be from defects not intrinsical;
they must be rather sought in the particular habits of his life, which, though
they do not alter the groundwork of character, yet tinge it with their own
hue. He was bred in a profession. He was bred to the law, which is, in my
opinion, one of the first and noblest of human sciences,—a science which
does more to quicken and invigorate the understanding than all the other
kinds of learning put together; but it is not apt, except in persons very
happily born, to open and to liberalize the mind exactly in the same
proportion. Passing from that study, he did not go very largely into the
world, but plunged into business,—I mean into the business of office, and
the limited and fixed methods and forms established there. Much
knowledge is to be had, undoubtedly, in that line; and there is no knowledge
which is not valuable. But it may be truly said, that men too much
conversant in office are rarely minds of remarkable enlargement. Their
habits of office are apt to 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 admirably well as long as things go on in their
common order; but when the high-roads are broken up, and the waters out,
when a new and troubled scene is opened, and the file affords no precedent,
then it is that a greater knowledge of mankind, and a far more extensive
comprehension of things is requisite, than ever office gave, or than office
can ever give. Mr. Grenville thought better of the wisdom and power of
human legislation than in truth it deserves. He conceived, and many
conceived along with him, that the flourishing trade of this country was
greatly owing to law and institution, and not quite so much to 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
business.
Sir, if such a man fell into errors, it must be from defects not intrinsical;
they must be rather sought in the particular habits of his life, which, though
they do not alter the groundwork of character, yet tinge it with their own
hue. He was bred in a profession. He was bred to the law, which is, in my
opinion, one of the first and noblest of human sciences,—a science which
does more to quicken and invigorate the understanding than all the other
kinds of learning put together; but it is not apt, except in persons very
happily born, to open and to liberalize the mind exactly in the same
proportion. Passing from that study, he did not go very largely into the
world, but plunged into business,—I mean into the business of office, and
the limited and fixed methods and forms established there. Much
knowledge is to be had, undoubtedly, in that line; and there is no knowledge
which is not valuable. But it may be truly said, that men too much
conversant in office are rarely minds of remarkable enlargement. Their
habits of office are apt to 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 admirably well as long as things go on in their
common order; but when the high-roads are broken up, and the waters out,
when a new and troubled scene is opened, and the file affords no precedent,
then it is that a greater knowledge of mankind, and a far more extensive
comprehension of things is requisite, than ever office gave, or than office
can ever give. Mr. Grenville thought better of the wisdom and power of
human legislation than in truth it deserves. He conceived, and many
conceived along with him, that the flourishing trade of this country was
greatly owing to law and institution, and not quite so much to 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
Page 39
idol: I mean the Act of Navigation. He has often professed it to be so. The
policy of that act is, I readily admit, in many respects well understood. But I
do say, that, if the act be suffered to run the full length of its principle, and
is not changed and modified according to the change of times and the
fluctuation of circumstances, it must do great mischief, and frequently even
defeat its own purpose.
After the war, and in the last years of it, the trade of America had
increased far beyond the speculations of the most sanguine imaginations. It
swelled out on every side. It filled all its proper channels to the brim. It
overflowed with a rich redundance, and breaking its banks on the right and
on the left, it spread out upon some places where it was indeed improper,
upon others where it was only irregular. It is the nature of all greatness 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 eyes somewhat less than was just towards the incredible increase of the
fair trade, and looked with something of too exquisite a jealousy towards
the contraband. He certainly felt a singular degree of anxiety on the subject,
and even began to act from that passion earlier than is commonly imagined.
For whilst he was First Lord of the Admiralty, though not strictly 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
policy of that act is, I readily admit, in many respects well understood. But I
do say, that, if the act be suffered to run the full length of its principle, and
is not changed and modified according to the change of times and the
fluctuation of circumstances, it must do great mischief, and frequently even
defeat its own purpose.
After the war, and in the last years of it, the trade of America had
increased far beyond the speculations of the most sanguine imaginations. It
swelled out on every side. It filled all its proper channels to the brim. It
overflowed with a rich redundance, and breaking its banks on the right and
on the left, it spread out upon some places where it was indeed improper,
upon others where it was only irregular. It is the nature of all greatness 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 eyes somewhat less than was just towards the incredible increase of the
fair trade, and looked with something of too exquisite a jealousy towards
the contraband. He certainly felt a singular degree of anxiety on the subject,
and even began to act from that passion earlier than is commonly imagined.
For whilst he was First Lord of the Admiralty, though not strictly 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
Page 40
execution then used, the act no longer tying, but actually strangling them.
All this coming with new enumerations of commodities, with regulations
which in a manner put a stop to the mutual coasting intercourse of the
colonies, with the appointment of courts of 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 these
innumerable regulations, perhaps, would not have alarmed alone; some
might be thought reasonable; the multitude struck them with terror.
But the grand manoeuvre in that business of new regulating the colonies
was the fifteenth act of the fourth of George the Third, which, besides
containing several of the 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 colonies, 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 additional
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
colonies, without any formal consent of theirs. There are contained also in
the preamble to that act these very remarkable words,—the Commons, &c.,
"being desirous to make some provision in the present session of Parliament
All this coming with new enumerations of commodities, with regulations
which in a manner put a stop to the mutual coasting intercourse of the
colonies, with the appointment of courts of 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 these
innumerable regulations, perhaps, would not have alarmed alone; some
might be thought reasonable; the multitude struck them with terror.
But the grand manoeuvre in that business of new regulating the colonies
was the fifteenth act of the fourth of George the Third, which, besides
containing several of the 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 colonies, 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 additional
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
colonies, without any formal consent of theirs. There are contained also in
the preamble to that act these very remarkable words,—the Commons, &c.,
"being desirous to make some provision in the present session of Parliament
Page 41
towards raising the said revenue." By these words it appeared to the
colonies that this act was but a beginning of sorrows,—that every session
was to 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
extent and endless in duration. Sir, they were not mistaken. The ministry
valued themselves when this act passed, and when they gave notice of the
Stamp Act, that both of the duties came very short of their ideas of
American taxation. Great was the applause of this measure here. In England
we cried out for new taxes on America, whilst they cried out that they were
nearly crushed with those which the war and their own grants had brought
upon them.
Sir, it has been said in the debate, that, when the first American revenue
act (the act in 1764, imposing the port-duties) passed, the Americans did not
object to the principle. It is true they touched it but very tenderly. It was not
a direct attack. They were, it is true, as yet novices,—as yet unaccustomed
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 difference,
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 pretence for their present
cruelty to America; for it shows, out of their own mouths, that our colonies
were backward to enter into the present vexatious and ruinous controversy.
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
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
extent and endless in duration. Sir, they were not mistaken. The ministry
valued themselves when this act passed, and when they gave notice of the
Stamp Act, that both of the duties came very short of their ideas of
American taxation. Great was the applause of this measure here. In England
we cried out for new taxes on America, whilst they cried out that they were
nearly crushed with those which the war and their own grants had brought
upon them.
Sir, it has been said in the debate, that, when the first American revenue
act (the act in 1764, imposing the port-duties) passed, the Americans did not
object to the principle. It is true they touched it but very tenderly. It was not
a direct attack. They were, it is true, as yet novices,—as yet unaccustomed
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 difference,
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 pretence for their present
cruelty to America; for it shows, out of their own mouths, that our colonies
were backward to enter into the present vexatious and ruinous controversy.
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
Page 42
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 never thought fit to make
this apology for himself in the innumerable debates that were had upon the
subject. He might have proposed to the colony agents, that they should
agree in some mode of taxation as the ground of an act of Parliament. But
he never could have proposed that they should tax themselves on
requisition, which is, the assertion of the day. Indeed, Mr. Grenville well
knew that the colony agents could have no general powers to consent to it;
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. Burdened as the agents knew the colonies were at that time,
they could not give the least hope of such grants. His own favorite governor
was of opinion that the Americans were not then taxable objects.
"Nor was the time less favorable 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
considered, 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 burdensome
taxes for that purpose only. For instance, this government, which is as much
beforehand as any, raises every year 37,500l. 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 Governor Bernard's letter 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 an
stress is laid on this, as a fact. However, it happens neither to be true nor
possible. I will observe, first, that Mr. Grenville never thought fit to make
this apology for himself in the innumerable debates that were had upon the
subject. He might have proposed to the colony agents, that they should
agree in some mode of taxation as the ground of an act of Parliament. But
he never could have proposed that they should tax themselves on
requisition, which is, the assertion of the day. Indeed, Mr. Grenville well
knew that the colony agents could have no general powers to consent to it;
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. Burdened as the agents knew the colonies were at that time,
they could not give the least hope of such grants. His own favorite governor
was of opinion that the Americans were not then taxable objects.
"Nor was the time less favorable 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
considered, 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 burdensome
taxes for that purpose only. For instance, this government, which is as much
beforehand as any, raises every year 37,500l. 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 Governor Bernard's letter 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 an
Page 43
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 considerable and most respectable merchant, a member of this House,
whom I am truly sorry I do not now see in his place, when he represented
against this proceeding, that, if the stamp-duty was disliked, he was willing
to exchange it for any other equally productive,—but that, if he objected to
the Americans being taxed by Parliament, he might save himself the trouble
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 of this falsehood. But falsehood has a
perennial spring. It is said that no conjecture could be made of the dislike of
the colonies to the principle. This is as untrue as the other. After the
resolution of the House, and before the passing of the Stamp Act, the
colonies of Massachusetts Bay and New York did send remonstrances
objecting to this mode of Parliamentary taxation. What was the
consequence? They were suppressed, they were put under the table,
notwithstanding an order of Council to the contrary, by the ministry which
composed the very Council that had made the order; and thus the House
proceeded to its business of taxing without the least regular knowledge 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 remonstrance. 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 Connecticut, Rhode Island, Virginia, and
Carolina, besides one from the traders of Jamaica. As to the colonies, they
had no alternative left to them but to disobey, or to pay the taxes imposed
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 considerable and most respectable merchant, a member of this House,
whom I am truly sorry I do not now see in his place, when he represented
against this proceeding, that, if the stamp-duty was disliked, he was willing
to exchange it for any other equally productive,—but that, if he objected to
the Americans being taxed by Parliament, he might save himself the trouble
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 of this falsehood. But falsehood has a
perennial spring. It is said that no conjecture could be made of the dislike of
the colonies to the principle. This is as untrue as the other. After the
resolution of the House, and before the passing of the Stamp Act, the
colonies of Massachusetts Bay and New York did send remonstrances
objecting to this mode of Parliamentary taxation. What was the
consequence? They were suppressed, they were put under the table,
notwithstanding an order of Council to the contrary, by the ministry which
composed the very Council that had made the order; and thus the House
proceeded to its business of taxing without the least regular knowledge 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 remonstrance. 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 Connecticut, Rhode Island, Virginia, and
Carolina, besides one from the traders of Jamaica. As to the colonies, they
had no alternative left to them but to disobey, or to pay the taxes imposed
Page 44
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 Majesty thought fit to change
his ministers. It stands upon no authority of mine. It is proved by
uncontrovertible records. The honorable 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 my eyes
could discern it) he seemed to address himself 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 honor of a
seat in this House, it was my fortune, unknowing and unknown to the then
ministry, by the intervention of a common friend, to become connected with
a very noble person, and at the head of the Treasury Department. It was,
indeed, in a situation of little rank and no consequence, suitable to the
mediocrity of my talents and pretensions,—but a situation near enough to
enable me to see, as well as others, what was going on; and I did see in that
noble person such sound principles, such an enlargement of mind, such
clear and sagacious sense, and such unshaken fortitude, as have bound me,
as well as others much better than me, by an inviolable attachment to him
from that time forward. Sir, Lord Rockingham very early in that summer
received a strong representation from many weighty English merchants and
manufacturers, from governors of provinces and commanders of men-of-
war, against almost the whole of the American commercial regulations,—
and particularly with regard to the total ruin which was threatened to the
Spanish trade. I believe, Sir, the noble lord soon saw his way in this
business. But he did not rashly determine against acts which it might be
supposed were the result of much deliberation. However, Sir, he scarcely
began to open the ground, when the whole veteran body of office took the
hear them remonstrate upon the subject.
This was the state of the colonies before his Majesty thought fit to change
his ministers. It stands upon no authority of mine. It is proved by
uncontrovertible records. The honorable 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 my eyes
could discern it) he seemed to address himself 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 honor of a
seat in this House, it was my fortune, unknowing and unknown to the then
ministry, by the intervention of a common friend, to become connected with
a very noble person, and at the head of the Treasury Department. It was,
indeed, in a situation of little rank and no consequence, suitable to the
mediocrity of my talents and pretensions,—but a situation near enough to
enable me to see, as well as others, what was going on; and I did see in that
noble person such sound principles, such an enlargement of mind, such
clear and sagacious sense, and such unshaken fortitude, as have bound me,
as well as others much better than me, by an inviolable attachment to him
from that time forward. Sir, Lord Rockingham very early in that summer
received a strong representation from many weighty English merchants and
manufacturers, from governors of provinces and commanders of men-of-
war, against almost the whole of the American commercial regulations,—
and particularly with regard to the total ruin which was threatened to the
Spanish trade. I believe, Sir, the noble lord soon saw his way in this
business. But he did not rashly determine against acts which it might be
supposed were the result of much deliberation. However, Sir, he scarcely
began to open the ground, when the whole veteran body of office took the
Page 45
alarm. A violent outcry of all (except those who knew and felt the mischief)
was raised against any alteration. On one hand, his attempt was a direct
violation of treaties and public law; on the other, the Act of Navigation and
all the corps of trade-laws were drawn up in array against it.
The first step the noble lord took was, to have the opinion of his
excellent, learned, and ever-lamented friend, the late Mr. Yorke, then
Attorney-General, on the point of law. When he knew that formally and
officially which in substance he had known before, he immediately
dispatched orders to redress the grievance. 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 indemnity.
On the conclusion of this business of the Spanish trade, the news of the
troubles on account of the Stamp Act arrived in England. It was not until the
end of October that these accounts were received. No sooner had the sound
of that mighty tempest reached us in England, than the whole of 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 honorable gentleman takes quite
opposite ground, and now challenges me to put my hand to my heart and
say whether the ministry had resolved on the repeal till a considerable time
after the meeting of Parliament. Though I do not very well know what the
honorable 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 assure 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
was raised against any alteration. On one hand, his attempt was a direct
violation of treaties and public law; on the other, the Act of Navigation and
all the corps of trade-laws were drawn up in array against it.
The first step the noble lord took was, to have the opinion of his
excellent, learned, and ever-lamented friend, the late Mr. Yorke, then
Attorney-General, on the point of law. When he knew that formally and
officially which in substance he had known before, he immediately
dispatched orders to redress the grievance. 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 indemnity.
On the conclusion of this business of the Spanish trade, the news of the
troubles on account of the Stamp Act arrived in England. It was not until the
end of October that these accounts were received. No sooner had the sound
of that mighty tempest reached us in England, than the whole of 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 honorable gentleman takes quite
opposite ground, and now challenges me to put my hand to my heart and
say whether the ministry had resolved on the repeal till a considerable time
after the meeting of Parliament. Though I do not very well know what the
honorable 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 assure 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
Page 46
could give advice or information. It was not determined until a little before
the meeting of Parliament; 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!"]
The first of the two considerations was, whether the repeal should be
total, or whether only partial,—taking out everything burdensome and
productive, and reserving only an empty acknowledgment, such as a stamp
on cards or dice. The other question was, on what principle the act should
be repealed. On this head also two principles were started. One, that the
legislative rights of this country with regard to America were not entire, but
had certain restrictions and limitations. The other principle was, that taxes
of this kind were contrary to the fundamental principles of commerce on
which the colonies were founded, 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 Constitution 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 I wonder how any one can read the king's
speech at the opening of that session, without seeing in that speech both the
repeal and the Declaratory Act very sufficiently crayoned out. Those who
cannot see this can see nothing.
Surely the honorable gentleman will not think that a great deal less time
than was then employed ought to have been spent in deliberation, when he
considers that the news of the troubles did not arrive till towards the end of
October. The Parliament sat to fill the vacancies on the 14th day of
December, and on business the 14th of the following January.
Sir, a partial repeal, or, as the bon-ton of the court then was, a
modification, would have satisfied a timid, unsystematic, procrastinating
the meeting of Parliament; 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!"]
The first of the two considerations was, whether the repeal should be
total, or whether only partial,—taking out everything burdensome and
productive, and reserving only an empty acknowledgment, such as a stamp
on cards or dice. The other question was, on what principle the act should
be repealed. On this head also two principles were started. One, that the
legislative rights of this country with regard to America were not entire, but
had certain restrictions and limitations. The other principle was, that taxes
of this kind were contrary to the fundamental principles of commerce on
which the colonies were founded, 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 Constitution 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 I wonder how any one can read the king's
speech at the opening of that session, without seeing in that speech both the
repeal and the Declaratory Act very sufficiently crayoned out. Those who
cannot see this can see nothing.
Surely the honorable gentleman will not think that a great deal less time
than was then employed ought to have been spent in deliberation, when he
considers that the news of the troubles did not arrive till towards the end of
October. The Parliament sat to fill the vacancies on the 14th day of
December, and on business the 14th of the following January.
Sir, a partial repeal, or, as the bon-ton of the court then was, a
modification, would have satisfied a timid, unsystematic, procrastinating
Page 47
ministry, as such a measure has since done such a ministry. A modification
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, in the heroic style, the Gordian knot with a sword. Either measure
would have cost no more than a day's debate. But when the total 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 largo field of evidence commensurate to
these extensive views. But then this labor did knights' service. It opened the
eyes of several to the true state of the American affairs; it enlarged their
ideas; it removed prejudices; and it conciliated the opinions and affections
of men. The noble lord who then took the lead in administration, my
honorable friend[6] under me, and a right honorable gentleman[7] (if he will
not reject his share, and it was a large one, of this business) exerted the
most laudable industry in bringing before you the fullest, most impartial,
and least garbled body of evidence that ever was produced to this House. I
think the inquiry lasted in the committee for six weeks; and at its
conclusion, this House, by an independent, noble, spirited, and unexpected
majority, by a majority that will redeem all the acts ever done by majorities
in Parliament, in the teeth of all the old mercenary Swiss of state, in despite
of all the speculators and augurs of political events, in defiance of the whole
embattled legion of veteran pensioners and practised instruments of a court,
gave a total repeal to 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
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, in the heroic style, the Gordian knot with a sword. Either measure
would have cost no more than a day's debate. But when the total 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 largo field of evidence commensurate to
these extensive views. But then this labor did knights' service. It opened the
eyes of several to the true state of the American affairs; it enlarged their
ideas; it removed prejudices; and it conciliated the opinions and affections
of men. The noble lord who then took the lead in administration, my
honorable friend[6] under me, and a right honorable gentleman[7] (if he will
not reject his share, and it was a large one, of this business) exerted the
most laudable industry in bringing before you the fullest, most impartial,
and least garbled body of evidence that ever was produced to this House. I
think the inquiry lasted in the committee for six weeks; and at its
conclusion, this House, by an independent, noble, spirited, and unexpected
majority, by a majority that will redeem all the acts ever done by majorities
in Parliament, in the teeth of all the old mercenary Swiss of state, in despite
of all the speculators and augurs of political events, in defiance of the whole
embattled legion of veteran pensioners and practised instruments of a court,
gave a total repeal to 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
Page 48
timidity with regard to the well-being of our country is heroic virtue. The
noble lord who then conducted affairs, and his worthy colleagues, whilst
they trembled at the prospect of such distresses as you have since brought
upon yourselves, were not afraid steadily to look in the face that glaring and
dazzling influence at which 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 supports of administration. He did this, when he
repealed 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 Chatham. 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 consent to the repeal of this act until he was
bullied into it by Lord Chatham; and the reporters have gone so far as
publicly to assert, in an hundred companies, that the honorable gentleman
under the gallery,[8] 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 of the report.
Sir, whether the noble lord is of a complexion to be bullied by Lord
Chatham, or by any man, I must submit to those who know him. I confess,
when I look back to that time, I consider him as placed in one of the most
trying situations in which, perhaps, any man ever stood. In the House of
Peers there were very few of the ministry, out of the noble lord's own
particular connection, (except Lord Egmont, who acted, as far as I could
discern, an honorable and manly part,) that did not look to some other
future arrangement, which warped his politics. There were in both Houses
noble lord who then conducted affairs, and his worthy colleagues, whilst
they trembled at the prospect of such distresses as you have since brought
upon yourselves, were not afraid steadily to look in the face that glaring and
dazzling influence at which 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 supports of administration. He did this, when he
repealed 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 Chatham. 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 consent to the repeal of this act until he was
bullied into it by Lord Chatham; and the reporters have gone so far as
publicly to assert, in an hundred companies, that the honorable gentleman
under the gallery,[8] 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 of the report.
Sir, whether the noble lord is of a complexion to be bullied by Lord
Chatham, or by any man, I must submit to those who know him. I confess,
when I look back to that time, I consider him as placed in one of the most
trying situations in which, perhaps, any man ever stood. In the House of
Peers there were very few of the ministry, out of the noble lord's own
particular connection, (except Lord Egmont, who acted, as far as I could
discern, an honorable and manly part,) that did not look to some other
future arrangement, which warped his politics. There were in both Houses
Page 49
new and menacing appearances, that might very naturally drive any other
than a most resolute minister from his measure or from his station. The
household troops openly revolted. The allies of ministry (those, I mean,
who supported some of their measures, but refused responsibility for any)
endeavored to undermine their credit, and to take ground that must be fatal
to the success of the very cause which they would be thought to
countenance. The question of the repeal was brought on by ministry in the
committee of this House in the very instant when it was known that more
than one court negotiation was carrying on with the heads of the opposition.
Everything, upon every side, was full of traps and mines. Earth below
shook; heaven above menaced; all the elements of ministerial safety were
dissolved. It was in the midst of this chaos of plots and counterplots, it was
in the midst of this complicated warfare against public 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 retreat. He sought no apology.
I will likewise do justice—I ought to do it—to the honorable gentleman
who led us in this House.[9] 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
anybody) the true state of things; but, in my life, I never came with so much
spirits into this House. It was a time for a man to act in. We had 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.
I remember, Sir, with a melancholy pleasure, the situation of the
honorable gentleman[10] who made the motion for the repeal: in that crisis,
than a most resolute minister from his measure or from his station. The
household troops openly revolted. The allies of ministry (those, I mean,
who supported some of their measures, but refused responsibility for any)
endeavored to undermine their credit, and to take ground that must be fatal
to the success of the very cause which they would be thought to
countenance. The question of the repeal was brought on by ministry in the
committee of this House in the very instant when it was known that more
than one court negotiation was carrying on with the heads of the opposition.
Everything, upon every side, was full of traps and mines. Earth below
shook; heaven above menaced; all the elements of ministerial safety were
dissolved. It was in the midst of this chaos of plots and counterplots, it was
in the midst of this complicated warfare against public 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 retreat. He sought no apology.
I will likewise do justice—I ought to do it—to the honorable gentleman
who led us in this House.[9] 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
anybody) the true state of things; but, in my life, I never came with so much
spirits into this House. It was a time for a man to act in. We had 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.
I remember, Sir, with a melancholy pleasure, the situation of the
honorable gentleman[10] who made the motion for the repeal: in that crisis,
Page 50
when the whole trading interest of this empire, crammed into your lobbies,
with a trembling and anxious expectation, waited, almost to a winter's
return of light, their fate from your resolutions. When at length you had
determined in their favor, and your doors thrown open showed them the
figure of their deliverer in the well-earned triumph of his important victory,
from the whole of that grave multitude there arose an involuntary burst of
gratitude and transport. They jumped upon him like children on a long
absent father. They clung about him as captives about their redeemer. All
England, all America, joined in 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 honor would have been a bond to hold us all together forever. 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 administration 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 preserved the
authority of Great Britain; they preserved the equity of Great Britain. They
made the Declaratory Act; they repealed the Stamp Act. They did both fully:
because the Declaratory Act was without qualification; and the repeal of the
Stamp Act total. This they did in the situation I have described.
Now, Sir, what will the adversary say to both these acts? If the principle
of the Declaratory Act was not good, the principle we are contending for
this day is monstrous. If the principle of the repeal was not good, why are
with a trembling and anxious expectation, waited, almost to a winter's
return of light, their fate from your resolutions. When at length you had
determined in their favor, and your doors thrown open showed them the
figure of their deliverer in the well-earned triumph of his important victory,
from the whole of that grave multitude there arose an involuntary burst of
gratitude and transport. They jumped upon him like children on a long
absent father. They clung about him as captives about their redeemer. All
England, all America, joined in 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 honor would have been a bond to hold us all together forever. 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 administration 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 preserved the
authority of Great Britain; they preserved the equity of Great Britain. They
made the Declaratory Act; they repealed the Stamp Act. They did both fully:
because the Declaratory Act was without qualification; and the repeal of the
Stamp Act total. This they did in the situation I have described.
Now, Sir, what will the adversary say to both these acts? If the principle
of the Declaratory Act was not good, the principle we are contending for
this day is monstrous. If the principle of the repeal was not good, why are
Page 51
we not at war for a real, substantial, effective revenue? If both were bad,
why has this ministry incurred all the inconveniences of both and of all
schemes? why have they enacted, repealed, enforced, yielded, and now
attempt to enforce again?
Sir, I think I may as well now as at any other time speak to a certain
matter of fact not wholly unrelated to the question under your
consideration. We, who would persuade you to revert to the ancient policy
of this kingdom, labor under the effect of this short current phrase, which
the court leaders have given out to all their corps, in order to take away the
credit of those who would prevent you from that frantic war you are going
to wage upon your colonies. Their cant is this: "All the disturbances in
America have been created by the repeal of the Stamp Act." I suppress for a
moment my indignation at the falsehood, baseness, and absurdity of this
most audacious assertion. Instead of remarking 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 of the schemes of American taxation.
It is said, that the disturbances, if there were any before the repeal, were
slight, and without difficulty or inconvenience might have been suppressed.
For an answer to this assertion I will send you to the great author and patron
of the Stamp Act, who, certainly meaning well to the authority of this
country, and fully apprised of the state of that, made, before a repeal was so
much as agitated in this House, the motion which is on your journals, and
which, to save the clerk the trouble of turning to it, I will now read to you.
It was for an amendment to the address of the 17th of December, 1765.
"To express our just resentment and indignation at the 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
why has this ministry incurred all the inconveniences of both and of all
schemes? why have they enacted, repealed, enforced, yielded, and now
attempt to enforce again?
Sir, I think I may as well now as at any other time speak to a certain
matter of fact not wholly unrelated to the question under your
consideration. We, who would persuade you to revert to the ancient policy
of this kingdom, labor under the effect of this short current phrase, which
the court leaders have given out to all their corps, in order to take away the
credit of those who would prevent you from that frantic war you are going
to wage upon your colonies. Their cant is this: "All the disturbances in
America have been created by the repeal of the Stamp Act." I suppress for a
moment my indignation at the falsehood, baseness, and absurdity of this
most audacious assertion. Instead of remarking 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 of the schemes of American taxation.
It is said, that the disturbances, if there were any before the repeal, were
slight, and without difficulty or inconvenience might have been suppressed.
For an answer to this assertion I will send you to the great author and patron
of the Stamp Act, who, certainly meaning well to the authority of this
country, and fully apprised of the state of that, made, before a repeal was so
much as agitated in this House, the motion which is on your journals, and
which, to save the clerk the trouble of turning to it, I will now read to you.
It was for an amendment to the address of the 17th of December, 1765.
"To express our just resentment and indignation at the 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
Page 52
execution of the laws in that part of his Majesty's dominions; to assure his
Majesty, that his faithful Commons, animated with the warmest duty and
attachment to his royal person and government, ... will firmly and
effectually support his Majesty in all such measures as shall be necessary
for preserving and securing the legal dependence of the colonies upon this
their 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 supported his motion have ever since thought
proper to distinguish 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 of a war with
the most powerful and declared enemies. When the accounts of the
American governors came before the House, they appeared stronger even
than the warmth of public imagination had painted them: so much stronger,
that the papers on your table bear me out in saying that all the late
disturbances, which have been at one time the minister's motives for the
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 of the tumults and violence which prevailed long
before the repeal of that act.
Ministry cannot refuse the authority of the commander-in-chief, General
Gage, who, in his letter of the 4th of November, from New York, thus
represents the state of things:—
"It is difficult to say, from the highest to the lowest, who has not been
accessory to this insurrection, either by writing, or mutual agreements to
oppose the act, by what they are pleased to term all legal opposition to it.
Majesty, that his faithful Commons, animated with the warmest duty and
attachment to his royal person and government, ... will firmly and
effectually support his Majesty in all such measures as shall be necessary
for preserving and securing the legal dependence of the colonies upon this
their 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 supported his motion have ever since thought
proper to distinguish 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 of a war with
the most powerful and declared enemies. When the accounts of the
American governors came before the House, they appeared stronger even
than the warmth of public imagination had painted them: so much stronger,
that the papers on your table bear me out in saying that all the late
disturbances, which have been at one time the minister's motives for the
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 of the tumults and violence which prevailed long
before the repeal of that act.
Ministry cannot refuse the authority of the commander-in-chief, General
Gage, who, in his letter of the 4th of November, from New York, thus
represents the state of things:—
"It is difficult to say, from the highest to the lowest, who has not been
accessory to this insurrection, either by writing, or mutual agreements to
oppose the act, by what they are pleased to term all legal opposition to it.
Page 53
Nothing effectual has been proposed, either to prevent or quell the tumult.
The rest of the provinces are in the same situation, as to a positive refusal to
take the stamps, and threatening those who shall take them to plunder and
murder them; and this affair stands in all the provinces, that, unless the act
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 resolutions 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 of the houses of magistrates, and the expulsion from their
country of all who dared to write or speak a single word in defence of the
powers of Parliament,—these very trumpeters are now the men that
represent the whole as a mere trifle, and choose to date all the disturbances
from the repeal of the Stamp Act, which put an end to them. Hear your
officers abroad, and let them refute this shameless falsehood, who, in all
their correspondence, 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 disturbance to a subsequent
measure, they take other ground, almost as absurd, but very common in
modern practice, and very wicked; which is, to attribute the ill effect of ill-
judged conduct to the arguments which had been used to dissuade us from
it. They say, that the opposition made in Parliament to the Stamp Act, at the
The rest of the provinces are in the same situation, as to a positive refusal to
take the stamps, and threatening those who shall take them to plunder and
murder them; and this affair stands in all the provinces, that, unless the act
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 resolutions 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 of the houses of magistrates, and the expulsion from their
country of all who dared to write or speak a single word in defence of the
powers of Parliament,—these very trumpeters are now the men that
represent the whole as a mere trifle, and choose to date all the disturbances
from the repeal of the Stamp Act, which put an end to them. Hear your
officers abroad, and let them refute this shameless falsehood, who, in all
their correspondence, 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 disturbance to a subsequent
measure, they take other ground, almost as absurd, but very common in
modern practice, and very wicked; which is, to attribute the ill effect of ill-
judged conduct to the arguments which had been used to dissuade us from
it. They say, that the opposition made in Parliament to the Stamp Act, at the
Page 54
time of its passing, encouraged the Americans to their resistance. This has
even formally appeared in print in a regular volume from an advocate of
that faction,—a Dr. Tucker. This Dr. Tucker is already a dean, and his
earnest labors in this vineyard will, I suppose, raise him to a bishopric. 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 of a strenuous opposition to the Stamp Act, I sat as
a stranger in your gallery when the act was under consideration. Far from
anything inflammatory, I never heard a more languid debate in this House.
No more 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 nature of what you were doing. The opposition to the bill in England
never could have done this mischief, because there scarcely ever was less of
opposition to a bill of consequence.
Sir, the agents and distributors of falsehoods have, with their usual
industry, circulated another lie, of the same nature with the former. It is this:
that the disturbances arose from the account which had been received in
America of the change in the ministry. No longer awed, it seems, with the
spirit of the former rulers, they thought themselves a match for what our
calumniators choose to qualify by the name of so feeble a ministry as
succeeded. Feeble in one sense these men certainly may be called: for, with
all their efforts, and they have made many, they have not been able to resist
the distempered vigor and insane alacrity with which you are rushing to
even formally appeared in print in a regular volume from an advocate of
that faction,—a Dr. Tucker. This Dr. Tucker is already a dean, and his
earnest labors in this vineyard will, I suppose, raise him to a bishopric. 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 of a strenuous opposition to the Stamp Act, I sat as
a stranger in your gallery when the act was under consideration. Far from
anything inflammatory, I never heard a more languid debate in this House.
No more 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 nature of what you were doing. The opposition to the bill in England
never could have done this mischief, because there scarcely ever was less of
opposition to a bill of consequence.
Sir, the agents and distributors of falsehoods have, with their usual
industry, circulated another lie, of the same nature with the former. It is this:
that the disturbances arose from the account which had been received in
America of the change in the ministry. No longer awed, it seems, with the
spirit of the former rulers, they thought themselves a match for what our
calumniators choose to qualify by the name of so feeble a ministry as
succeeded. Feeble in one sense these men certainly may be called: for, with
all their efforts, and they have made many, they have not been able to resist
the distempered vigor and insane alacrity with which you are rushing to
Page 55
your ruin. But it does so happen, that the falsity of this circulation is (like
the rest) demonstrated by indisputable dates and records.
So little was the change known in America, that the letters of your
governors, 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
suspicion 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, Governor Fauquier, from Virginia, writes thus,—and writes
thus to the Earl of Halifax:—"Government is set at defiance, not having
strength enough in her hands to enforce obedience to the laws of the
community.—The private distress, which every man feels, increases the
general dissatisfaction at the duties laid by the Stamp Act, which breaks out
and shows itself upon every trifling occasion." The general dissatisfaction
had produced some time before, that is, on the 29th of May, several strong
public resolves against the Stamp Act; and those resolves are assigned by
Governor Bernard as the cause of the insurrections in Massachusetts Bay, in
his letter of the 15th of August, still addressed to the Earl of Halifax; and he
continued to address such accounts to that minister quite to the 7th of
September of the same year. Similar accounts, and of as late a date, were
sent from other governors, and all directed to Lord Halifax. Not one of
these letters indicates the slightest idea of a 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 fly-blown into every weak and rotten part of the country,
in vain hopes, that, when their maggots had taken wing, their importunate
buzzing might sound something like the public voice!
the rest) demonstrated by indisputable dates and records.
So little was the change known in America, that the letters of your
governors, 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
suspicion 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, Governor Fauquier, from Virginia, writes thus,—and writes
thus to the Earl of Halifax:—"Government is set at defiance, not having
strength enough in her hands to enforce obedience to the laws of the
community.—The private distress, which every man feels, increases the
general dissatisfaction at the duties laid by the Stamp Act, which breaks out
and shows itself upon every trifling occasion." The general dissatisfaction
had produced some time before, that is, on the 29th of May, several strong
public resolves against the Stamp Act; and those resolves are assigned by
Governor Bernard as the cause of the insurrections in Massachusetts Bay, in
his letter of the 15th of August, still addressed to the Earl of Halifax; and he
continued to address such accounts to that minister quite to the 7th of
September of the same year. Similar accounts, and of as late a date, were
sent from other governors, and all directed to Lord Halifax. Not one of
these letters indicates the slightest idea of a 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 fly-blown into every weak and rotten part of the country,
in vain hopes, that, when their maggots had taken wing, their importunate
buzzing might sound something like the public voice!
Page 56
Sir, I have troubled you sufficiently with the state of America before the
repeal. Now I turn to the honorable 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 consequence of your
concession, or that even your other revenue laws were attacked. But I quit
the vantage-ground on which I stand, and where I might leave the burden of
the proof upon him: I walk down upon the open plain, and undertake to
show that they were not only quiet, but showed many unequivocal marks of
acknowledgment and gratitude. And to give him every advantage, I select
the obnoxious colony of Massachusetts Bay, which at this time (but without
hearing her) is so heavily a culprit before Parliament: I will select their
proceedings even under circumstances of no small irritation. For, a little
imprudently, I must say, Governor 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 now in our power," (say they, in their address to Governor
Bernard,) "in so full a manner as will be expected, to show our respectful
gratitude to the mother country, or to make a dutiful, affectionate return to
the indulgence of the King and Parliament, it shall be no fault of ours; for
this we intend, and hope shall be able fully to effect."
Would to God that this temper had been cultivated, managed, and set in
action! Other effects than those which we have since felt would have
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,
repeal. Now I turn to the honorable 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 consequence of your
concession, or that even your other revenue laws were attacked. But I quit
the vantage-ground on which I stand, and where I might leave the burden of
the proof upon him: I walk down upon the open plain, and undertake to
show that they were not only quiet, but showed many unequivocal marks of
acknowledgment and gratitude. And to give him every advantage, I select
the obnoxious colony of Massachusetts Bay, which at this time (but without
hearing her) is so heavily a culprit before Parliament: I will select their
proceedings even under circumstances of no small irritation. For, a little
imprudently, I must say, Governor 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 now in our power," (say they, in their address to Governor
Bernard,) "in so full a manner as will be expected, to show our respectful
gratitude to the mother country, or to make a dutiful, affectionate return to
the indulgence of the King and Parliament, it shall be no fault of ours; for
this we intend, and hope shall be able fully to effect."
Would to God that this temper had been cultivated, managed, and set in
action! Other effects than those which we have since felt would have
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,
Page 57
—"The recommendation enjoined by Mr. Secretary Conway's letter, and in
consequence thereof made to us, we shall embrace the first convenient
opportunity to consider and act upon." They 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 rigor and backed with all your power. In a word, the damages of
popular fury were compensated by legislative gravity. Almost every other
part of America in various ways demonstrated their gratitude. I am bold to
say, that so sudden a calm recovered after so violent a storm is without
parallel in history. To say that no other disturbance should happen from any
other cause is folly. But as far as appearances went, by the judicious
sacrifice of one law you procured an acquiescence in all that remained.
After this experience, nobody shall persuade me, when an whole people are
concerned, that acts of lenity are not means of conciliation.
I hope the honorable gentleman has received a fair 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
described it, was delivered into the hands of Lord Chatham, a great and
celebrated name,—a name that keeps the name of this country respectable
in every other on the globe. It may be truly called
Clarum et venerabile nomen
Gentibus, et multum nostræ quod proderat urbi.
consequence thereof made to us, we shall embrace the first convenient
opportunity to consider and act upon." They 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 rigor and backed with all your power. In a word, the damages of
popular fury were compensated by legislative gravity. Almost every other
part of America in various ways demonstrated their gratitude. I am bold to
say, that so sudden a calm recovered after so violent a storm is without
parallel in history. To say that no other disturbance should happen from any
other cause is folly. But as far as appearances went, by the judicious
sacrifice of one law you procured an acquiescence in all that remained.
After this experience, nobody shall persuade me, when an whole people are
concerned, that acts of lenity are not means of conciliation.
I hope the honorable gentleman has received a fair 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
described it, was delivered into the hands of Lord Chatham, a great and
celebrated name,—a name that keeps the name of this country respectable
in every other on the globe. It may be truly called
Clarum et venerabile nomen
Gentibus, et multum nostræ quod proderat urbi.
Page 58
Sir, the venerable age of this great man, his merited rank, his superior
eloquence, his splendid qualities, his eminent services, the vast space he
fills in the eye of 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 him with their malevolence. But what I do not presume to
censure I may have leave to lament. For a wise man, he seemed to me at
that time to be governed too much by general maxims. I speak with the
freedom of history, and I hope without offence. One or two of these
maxims, flowing from an opinion not the most indulgent to our unhappy
species, and surely a little too general, led him into measures that were
greatly mischievous to himself, and for that reason, among others, perhaps
fatal to his country,—measures, the effects of which, I am afraid, are
forever incurable. He made an administration so checkered and speckled, he
put together a piece of joinery so crossly indented and whimsically
dovetailed, a cabinet so variously inlaid, such a piece of diversified mosaic,
such a tessellated pavement without cement,—here a bit of black stone and
there a bit of white, patriots and courtiers, king's friends and republicans,
Whigs and Tories, treacherous friends and open enemies,—that it was,
indeed, a very curious show, but 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.[11]
Sir, in consequence of this arrangement, having put so much the larger
part of his enemies and opposers into power, the confusion was such that
eloquence, his splendid qualities, 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 him with their malevolence. But what I do not presume to
censure I may have leave to lament. For a wise man, he seemed to me at
that time to be governed too much by general maxims. I speak with the
freedom of history, and I hope without offence. One or two of these
maxims, flowing from an opinion not the most indulgent to our unhappy
species, and surely a little too general, led him into measures that were
greatly mischievous to himself, and for that reason, among others, perhaps
fatal to his country,—measures, the effects of which, I am afraid, are
forever incurable. He made an administration so checkered and speckled, he
put together a piece of joinery so crossly indented and whimsically
dovetailed, a cabinet so variously inlaid, such a piece of diversified mosaic,
such a tessellated pavement without cement,—here a bit of black stone and
there a bit of white, patriots and courtiers, king's friends and republicans,
Whigs and Tories, treacherous friends and open enemies,—that it was,
indeed, a very curious show, but 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.[11]
Sir, in consequence of this arrangement, having put so much the larger
part of his enemies and opposers into power, the confusion was such that
Page 59
his own principles could not possibly have any effect or influence in the
conduct of affairs. If over he fell into a fit of the gout, or if any other cause
withdrew him from public cares, principles directly the contrary were sure
to predominate. When he had executed his plan, he had not an inch of
ground to stand upon. When he had accomplished his scheme of
administration, he was no longer a minister.
When his face was hid but for a moment, his whole 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 admitted to
seem as if they acted a part under him, with a modesty that becomes all
men, and with a confidence in him which was justified even in its
extravagance by his superior abilities, had never in any instance presumed
upon any opinion of their own. Deprived of his guiding influence, they
were whirled about, the sport of every gust, and easily driven into any port;
and as those who joined with them in manning the vessel were the most
directly opposite to his opinions, measures, and character, and far the most
artful and most powerful of the set, they easily prevailed, so as to seize
upon the vacant, unoccupied, and derelict minds of his friends, and instantly
they turned the vessel wholly out of the course of his policy. As if it were to
insult as well as to betray him, even long before the close of the first session
of his administration, when everything was publicly transacted, and with
great parade, in his name, they made an act declaring it highly just and
expedient to raise a revenue in America. For even then, Sir, even before this
splendid orb was entirely set, and while the western horizon was in a blaze
with his descending glory, on the opposite quarter of the heavens arose
another luminary, and for his hour became lord of the ascendant.
This light, too, is passed and set forever. You understand, to be sure, that
I speak of Charles Townshend, officially the reproducer of this fatal
scheme, whom I cannot even now remember without some degree of
conduct of affairs. If over he fell into a fit of the gout, or if any other cause
withdrew him from public cares, principles directly the contrary were sure
to predominate. When he had executed his plan, he had not an inch of
ground to stand upon. When he had accomplished his scheme of
administration, he was no longer a minister.
When his face was hid but for a moment, his whole 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 admitted to
seem as if they acted a part under him, with a modesty that becomes all
men, and with a confidence in him which was justified even in its
extravagance by his superior abilities, had never in any instance presumed
upon any opinion of their own. Deprived of his guiding influence, they
were whirled about, the sport of every gust, and easily driven into any port;
and as those who joined with them in manning the vessel were the most
directly opposite to his opinions, measures, and character, and far the most
artful and most powerful of the set, they easily prevailed, so as to seize
upon the vacant, unoccupied, and derelict minds of his friends, and instantly
they turned the vessel wholly out of the course of his policy. As if it were to
insult as well as to betray him, even long before the close of the first session
of his administration, when everything was publicly transacted, and with
great parade, in his name, they made an act declaring it highly just and
expedient to raise a revenue in America. For even then, Sir, even before this
splendid orb was entirely set, and while the western horizon was in a blaze
with his descending glory, on the opposite quarter of the heavens arose
another luminary, and for his hour became lord of the ascendant.
This light, too, is passed and set forever. You understand, to be sure, that
I speak of Charles Townshend, officially the reproducer of this fatal
scheme, whom I cannot even now remember without some degree of
Page 60
sensibility. In truth, Sir, he was the delight and ornament of this House, and
the charm of every private society which he honored 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 concerned)
of a more refined, exquisite, and penetrating judgment. If he had not so
great a stock as some have had, who flourished formerly, of knowledge
long treasured up, he knew, better by far than 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 preconceived 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 something of their characters. In this eventful history of
the revolutions of America, the characters of such men are of much
importance. Great men are the guideposts and landmarks in the state. The
credit of such men at court or in the nation is the sole cause of all the public
measures. It would be an invidious thing (most foreign, I trust, to what you
think my disposition) to remark the errors into which the authority of great
names has brought the nation, without doing justice at the same time to the
great qualities whence that authority arose. The subject is instructive to
those who wish to form themselves on whatever of excellence has gone
before them. There are many young members in the House (such of late has
been the rapid succession of public men) who never saw that prodigy,
the charm of every private society which he honored 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 concerned)
of a more refined, exquisite, and penetrating judgment. If he had not so
great a stock as some have had, who flourished formerly, of knowledge
long treasured up, he knew, better by far than 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 preconceived 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 something of their characters. In this eventful history of
the revolutions of America, the characters of such men are of much
importance. Great men are the guideposts and landmarks in the state. The
credit of such men at court or in the nation is the sole cause of all the public
measures. It would be an invidious thing (most foreign, I trust, to what you
think my disposition) to remark the errors into which the authority of great
names has brought the nation, without doing justice at the same time to the
great qualities whence that authority arose. The subject is instructive to
those who wish to form themselves on whatever of excellence has gone
before them. There are many young members in the House (such of late has
been the rapid succession of public men) who never saw that prodigy,
Page 61
Charles Townshend, nor of course know what a ferment he was able to
excite in everything by the violent ebullition of his mixed virtues and
failings. For failings he had undoubtedly,—many of us remember them; we
are this day considering the effect of them. But he had no failings which
were not owing to a noble cause,—to an ardent, generous, perhaps an
immoderate passion for fame: a passion which is the instinct of all great
souls. He worshipped that goddess, wheresoever she appeared; but he paid
his particular devotions to her in her favorite habitation, in her chosen
temple, the House of Commons. Besides the characters of the individuals
that compose our body, it is impossible, Mr. Speaker, not to observe that
this House has a collective character of its own. That character, too,
however imperfect, is not unamiable. Like all great public collections of
men, you possess a marked love of virtue and an abhorrence of vice. But
among vices there is none which the House abhors in the same degree with
obstinacy. Obstinacy, Sir, is certainly a great vice; and in the changeful state
of political affairs it is frequently the cause of great mischief. It happens,
however, very unfortunately, that almost the whole line of the great and
masculine virtues, constancy, gravity, magnanimity, fortitude, fidelity, and
firmness, are closely allied to this disagreeable quality, of which you have
so just an abhorrence; and, in their excess, all these virtues very easily fall
into it. He who paid such a punctilious attention to all your feelings
certainly took care not to shock them by that vice which is the most
disgustful to you.
That fear of displeasing those who ought most to be pleased betrayed him
sometimes into the other extreme. He had voted, and, in the year 1765, had
been an advocate for the Stamp Act. Things and the disposition of men's
minds were changed. In short, the Stamp Act began to be no favorite in this
House. He therefore attended at the private meeting in which the resolutions
moved by a right honorable gentleman were settled: resolutions leading to
the repeal. The next day he voted for that repeal; and he would have spoken
excite in everything by the violent ebullition of his mixed virtues and
failings. For failings he had undoubtedly,—many of us remember them; we
are this day considering the effect of them. But he had no failings which
were not owing to a noble cause,—to an ardent, generous, perhaps an
immoderate passion for fame: a passion which is the instinct of all great
souls. He worshipped that goddess, wheresoever she appeared; but he paid
his particular devotions to her in her favorite habitation, in her chosen
temple, the House of Commons. Besides the characters of the individuals
that compose our body, it is impossible, Mr. Speaker, not to observe that
this House has a collective character of its own. That character, too,
however imperfect, is not unamiable. Like all great public collections of
men, you possess a marked love of virtue and an abhorrence of vice. But
among vices there is none which the House abhors in the same degree with
obstinacy. Obstinacy, Sir, is certainly a great vice; and in the changeful state
of political affairs it is frequently the cause of great mischief. It happens,
however, very unfortunately, that almost the whole line of the great and
masculine virtues, constancy, gravity, magnanimity, fortitude, fidelity, and
firmness, are closely allied to this disagreeable quality, of which you have
so just an abhorrence; and, in their excess, all these virtues very easily fall
into it. He who paid such a punctilious attention to all your feelings
certainly took care not to shock them by that vice which is the most
disgustful to you.
That fear of displeasing those who ought most to be pleased betrayed him
sometimes into the other extreme. He had voted, and, in the year 1765, had
been an advocate for the Stamp Act. Things and the disposition of men's
minds were changed. In short, the Stamp Act began to be no favorite in this
House. He therefore attended at the private meeting in which the resolutions
moved by a right honorable gentleman were settled: resolutions leading to
the repeal. The next day he voted for that repeal; and he would have spoken
Page 62
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 odor 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 particular 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 kind should be done.
Here this extraordinary man, then Chancellor of the Exchequer, found
himself in great straits. To please universally was the object of his life; but
to tax and to please, no more than to love and to be wise, is not given to
men. However, he attempted it. To render the tax palatable to the partisans
of American revenue, he made a preamble stating the necessity of such a
revenue. To close with the American distinction, this revenue was external
or port-duty; but again, to soften it to the other party, it was a duty of
supply. To gratify the colonists, it was laid on British manufactures; to
satisfy the merchants of Britain, the duty was trivial, and (except that on
tea, which touched only the devoted East India Company) on none of the
grand objects of commerce. To counterwork the American contraband, the
duty on tea was reduced from a shilling to three-pence; but to secure the
favor of those who would tax America, the scene of collection was changed,
and, with the rest, it was levied in the colonies. What need I say more? This
fine-spun scheme 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.
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 odor 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 particular 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 kind should be done.
Here this extraordinary man, then Chancellor of the Exchequer, found
himself in great straits. To please universally was the object of his life; but
to tax and to please, no more than to love and to be wise, is not given to
men. However, he attempted it. To render the tax palatable to the partisans
of American revenue, he made a preamble stating the necessity of such a
revenue. To close with the American distinction, this revenue was external
or port-duty; but again, to soften it to the other party, it was a duty of
supply. To gratify the colonists, it was laid on British manufactures; to
satisfy the merchants of Britain, the duty was trivial, and (except that on
tea, which touched only the devoted East India Company) on none of the
grand objects of commerce. To counterwork the American contraband, the
duty on tea was reduced from a shilling to three-pence; but to secure the
favor of those who would tax America, the scene of collection was changed,
and, with the rest, it was levied in the colonies. What need I say more? This
fine-spun scheme 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.
Page 63
He never thought, did, or said anything, 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 inferiors in all respects, had formerly rendered themselves
considerable 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 politics, or from any
sequel or connection 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 eyes 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 and dancing balance always received them in a tempest of
applause. The fortune of such men was a temptation too great to be resisted
by one to whom a single whiff of incense withheld gave much greater pain
than he received delight in the clouds of it which daily rose about him from
the prodigal superstition of innumerable admirers. He was a candidate for
contradictory honors; and his great aim was, to make those agree in
admiration of him who never agreed in anything else.
Hence arose this unfortunate act, the subject of this day's debate: from a
disposition which, after making an American 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.
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 inferiors in all respects, had formerly rendered themselves
considerable 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 politics, or from any
sequel or connection 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 eyes 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 and dancing balance always received them in a tempest of
applause. The fortune of such men was a temptation too great to be resisted
by one to whom a single whiff of incense withheld gave much greater pain
than he received delight in the clouds of it which daily rose about him from
the prodigal superstition of innumerable admirers. He was a candidate for
contradictory honors; and his great aim was, to make those agree in
admiration of him who never agreed in anything else.
Hence arose this unfortunate act, the subject of this day's debate: from a
disposition which, after making an American 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.
Page 64
This revenue act of 1767 formed the fourth period of American policy.
How we have fared since then: what woful variety of schemes have been
adopted; what enforcing, and what repealing; what bullying, and what
submitting; what doing, and undoing; what straining, and what relaxing;
what assemblies dissolved for not obeying, and called again without
obedience; what troops sent out to quell resistance, and, on meeting that
resistance, recalled; what shiftings, and changes, and jumblings of all kinds
of men at home, which left no possibility of order, consistency, vigor, or
even so much as a decent unity of color, in anyone public measure—It is a
tedious, irksome task. My duty may call me to open it out some other time;
on a former occasion[12] I tried your temper on a part of it; for the present I
shall forbear.
After all these changes and agitations, your immediate situation upon the
question on your paper is at length brought to this. You have an act of
Parliament 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 of such a substitution in future. The principle of this disclaimer
goes to what has been left, as well as what has been repealed. The tax which
lingers after its companions (under a preamble declaring an American
revenue expedient, and for the sole purpose of supporting the theory of that
preamble) militates with the assurance authentically conveyed to the
colonies, and is an exhaustless source of jealousy and animosity. On this
state, which I take to be a fair one,—not being able to discern any grounds
of honor, advantage, peace, or power, for adhering, either to the act or to the
preamble, I shall vote for the question which leads to the repeal of both.
If you do not fall in with this motion, then secure something to fight for,
consistent in theory and valuable in practice. If you must employ your
How we have fared since then: what woful variety of schemes have been
adopted; what enforcing, and what repealing; what bullying, and what
submitting; what doing, and undoing; what straining, and what relaxing;
what assemblies dissolved for not obeying, and called again without
obedience; what troops sent out to quell resistance, and, on meeting that
resistance, recalled; what shiftings, and changes, and jumblings of all kinds
of men at home, which left no possibility of order, consistency, vigor, or
even so much as a decent unity of color, in anyone public measure—It is a
tedious, irksome task. My duty may call me to open it out some other time;
on a former occasion[12] I tried your temper on a part of it; for the present I
shall forbear.
After all these changes and agitations, your immediate situation upon the
question on your paper is at length brought to this. You have an act of
Parliament 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 of such a substitution in future. The principle of this disclaimer
goes to what has been left, as well as what has been repealed. The tax which
lingers after its companions (under a preamble declaring an American
revenue expedient, and for the sole purpose of supporting the theory of that
preamble) militates with the assurance authentically conveyed to the
colonies, and is an exhaustless source of jealousy and animosity. On this
state, which I take to be a fair one,—not being able to discern any grounds
of honor, advantage, peace, or power, for adhering, either to the act or to the
preamble, I shall vote for the question which leads to the repeal of both.
If you do not fall in with this motion, then secure something to fight for,
consistent in theory and valuable in practice. If you must employ your
Page 65
strength, employ it to uphold you in some honorable right or some
profitable wrong. If you are apprehensive that the concession recommended
to you, though proper, should be a means of drawing on you further, 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 probable
concurrence of all the quiet and rational people in the provinces, who are
now united with and hurried away by the violent,—having, indeed, different
dispositions, but a common interest. If you apprehend that on a concession
you shall be pushed by metaphysical 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 tenable position, then face about,—
stop short,—do nothing more,—reason not at all,—oppose the ancient
policy and practice of the empire as a rampart against the speculations of
innovators on both sides of the question,—and you will stand on great,
manly, and sure ground. On this solid basis fix your machines, and they will
draw worlds towards you.
Tour 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 moved by the
Americans themselves; and I think they will acquiesce in it, if they are not
pushed with too much logic and too little sense, in all the consequences:
that is, if external taxation be understood, as they and you understand it,
when you please, to be not a distinction of geography, but of policy; that it
is a power for regulating trade, and not for supporting establishments. The
distinction, which is as nothing with regard to right, is of most weighty
consideration in practice. Recover your old ground, and your old
tranquillity; try it; I am persuaded the Americans will compromise with
you. When confidence is once restored, the odious and suspicious summum
jus will perish of course. The spirit of practicability, of moderation, and
profitable wrong. If you are apprehensive that the concession recommended
to you, though proper, 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 probable
concurrence of all the quiet and rational people in the provinces, who are
now united with and hurried away by the violent,—having, indeed, different
dispositions, but a common interest. If you apprehend that on a concession
you shall be pushed by metaphysical 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 tenable position, then face about,—
stop short,—do nothing more,—reason not at all,—oppose the ancient
policy and practice of the empire as a rampart against the speculations of
innovators on both sides of the question,—and you will stand on great,
manly, and sure ground. On this solid basis fix your machines, and they will
draw worlds towards you.
Tour 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 moved by the
Americans themselves; and I think they will acquiesce in it, if they are not
pushed with too much logic and too little sense, in all the consequences:
that is, if external taxation be understood, as they and you understand it,
when you please, to be not a distinction of geography, but of policy; that it
is a power for regulating trade, and not for supporting establishments. The
distinction, which is as nothing with regard to right, is of most weighty
consideration in practice. Recover your old ground, and your old
tranquillity; try it; I am persuaded the Americans will compromise with
you. When confidence is once restored, the odious and suspicious summum
jus will perish of course. The spirit of practicability, of moderation, and
Page 66
mutual convenience 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 to your interests.
For my part, I should choose (if I could have my wish) that the
proposition of the honorable gentleman[13] for the repeal could go to
America without the attendance of the penal bills. Alone I could almost
answer for its success. I cannot be certain of its reception in the bad
company it may keep. In such heterogeneous assortments, the most
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 cause 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 combination: 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, 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!
arbitrator of an amicable settlement. Consult and follow your experience.
Let not the long story with which I have exercised your patience prove
fruitless to your interests.
For my part, I should choose (if I could have my wish) that the
proposition of the honorable gentleman[13] for the repeal could go to
America without the attendance of the penal bills. Alone I could almost
answer for its success. I cannot be certain of its reception in the bad
company it may keep. In such heterogeneous assortments, the most
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 cause 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 combination: 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, 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!
Page 67
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 forever. 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
burden them by taxes: you were not used to do so from the beginning. Let
this be your reason for not taxing. These are the arguments of states and
kingdoms. Leave the rest to the schools; for there only they may be
discussed with safety. But if, intemperately, unwisely, fatally, you
sophisticate and poison the very source of government, by urging subtle
deductions, and consequences odious to those you govern, from the
unlimited and illimitable nature of supreme sovereignty, you will teach
them by these means to call that sovereignty itself in question. When you
drive him hard, the boar will surely turn upon the hunters. If that
sovereignty and their freedom cannot be reconciled, which will they take?
They will cast your sovereignty in your face. Nobody will be argued into
slavery. Sir, let the gentlemen on the other side call forth all their ability; let
the best of them get up and tell me what one character of liberty the
Americans have, and what one brand of slavery they are free from, if they
are bound in their property and industry by all the restraints you can
imagine on commerce, and at the same time are made pack-horses of every
tax you choose to impose, without the least share in granting them. When
they bear the burdens of unlimited monopoly, will you bring them to bear
the burdens of unlimited revenue too? The Englishman in America will feel
—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 forever. 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
burden them by taxes: you were not used to do so from the beginning. Let
this be your reason for not taxing. These are the arguments of states and
kingdoms. Leave the rest to the schools; for there only they may be
discussed with safety. But if, intemperately, unwisely, fatally, you
sophisticate and poison the very source of government, by urging subtle
deductions, and consequences odious to those you govern, from the
unlimited and illimitable nature of supreme sovereignty, you will teach
them by these means to call that sovereignty itself in question. When you
drive him hard, the boar will surely turn upon the hunters. If that
sovereignty and their freedom cannot be reconciled, which will they take?
They will cast your sovereignty in your face. Nobody will be argued into
slavery. Sir, let the gentlemen on the other side call forth all their ability; let
the best of them get up and tell me what one character of liberty the
Americans have, and what one brand of slavery they are free from, if they
are bound in their property and industry by all the restraints you can
imagine on commerce, and at the same time are made pack-horses of every
tax you choose to impose, without the least share in granting them. When
they bear the burdens of unlimited monopoly, will you bring them to bear
the burdens of unlimited revenue too? The Englishman in America will feel
Page 68
that this is slavery: that it is legal slavery will be no compensation either to
his feelings or his understanding.
A noble lord,[14] who spoke some time ago, is full of the fire of
ingenuous youth; and when he has modelled the ideas of a lively
imagination by further experience, he will be an ornament to his country in
either House. He has said that the Americans are our children, and how can
they revolt against their parent? He says, that, if they are not free in their
present state, England is not free; because Manchester, and other
considerable places, are not represented. So, then, because some towns in
England are not represented, 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 approximation to the right, is it therefore
that the colonies 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 countenance 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 opprobrium for their glory, and the slough
of slavery, which we are not able to work off, to serve them for their
freedom?
If this be the case, ask yourselves this question: Will they be content in
such a state of slavery? If not, look to the consequences. Reflect how you
are to govern a people who think they ought to be free, and think they are
not. Your scheme yields no revenue; it yields nothing but discontent,
disorder, disobedience: and such is the state of America, that, after wading
up to your eyes in blood, you could only end just where you begun,—that
is, to tax where no revenue is to be found, to ---- My voice fails me: my
inclination, indeed, carries me no further; all is confusion beyond it.
his feelings or his understanding.
A noble lord,[14] who spoke some time ago, is full of the fire of
ingenuous youth; and when he has modelled the ideas of a lively
imagination by further experience, he will be an ornament to his country in
either House. He has said that the Americans are our children, and how can
they revolt against their parent? He says, that, if they are not free in their
present state, England is not free; because Manchester, and other
considerable places, are not represented. So, then, because some towns in
England are not represented, 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 approximation to the right, is it therefore
that the colonies 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 countenance 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 opprobrium for their glory, and the slough
of slavery, which we are not able to work off, to serve them for their
freedom?
If this be the case, ask yourselves this question: Will they be content in
such a state of slavery? If not, look to the consequences. Reflect how you
are to govern a people who think they ought to be free, and think they are
not. Your scheme yields no revenue; it yields nothing but discontent,
disorder, disobedience: and such is the state of America, that, after wading
up to your eyes in blood, you could only end just where you begun,—that
is, to tax where no revenue is to be found, to ---- My voice fails me: my
inclination, indeed, carries me no further; all is confusion beyond it.
Page 69
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 reconcilable things in
the world. The Parliament of Great Britain 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 inferior legislatures, and guides and controls
them all without annihilating any. As all these provincial legislatures are
only coördinate to each other, they ought all to be subordinate to her; else
they can neither preserve mutual peace, nor hope for mutual justice, nor
effectually afford mutual assistance. It is necessary to coerce the negligent,
to restrain the violent, and to aid the weak and deficient, by the overruling
plenitude of her power. She is never to intrude into the place of the others,
whilst they are equal to the common ends of their institution. But in order to
enable Parliament to answer all these ends of provident and beneficent
superintendence, her powers must be boundless. The gentlemen who think
the powers of Parliament limited may please themselves to talk of
requisitions. But suppose the 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 engaged 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,
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 reconcilable things in
the world. The Parliament of Great Britain 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 inferior legislatures, and guides and controls
them all without annihilating any. As all these provincial legislatures are
only coördinate to each other, they ought all to be subordinate to her; else
they can neither preserve mutual peace, nor hope for mutual justice, nor
effectually afford mutual assistance. It is necessary to coerce the negligent,
to restrain the violent, and to aid the weak and deficient, by the overruling
plenitude of her power. She is never to intrude into the place of the others,
whilst they are equal to the common ends of their institution. But in order to
enable Parliament to answer all these ends of provident and beneficent
superintendence, her powers must be boundless. The gentlemen who think
the powers of Parliament limited may please themselves to talk of
requisitions. But suppose the 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 engaged 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,
Page 70
suppose, hang back, and, easing themselves, 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 of the last war, owing to some internal
dissensions in that 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 consider the
power of taxing in Parliament as an instrument of empire, and not as a
means of supply.
Such, Sir, is my idea of the Constitution of the British 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 speculatist or a factious demagogue I know
not, but enough surely for the ease and happiness of man.
Sir, whilst we hold 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 that the colonies would not have proceeded in
supplying government as liberally, if you had not stepped in and hindered
them from contributing, by interrupting the 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.
the others,—surely it is proper that some authority might legally say, "Tax
yourselves for the common Supply, or Parliament will do it for you." This
backwardness was, as I am told, actually the case of Pennsylvania for some
short time towards the beginning of the last war, owing to some internal
dissensions in that 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 consider the
power of taxing in Parliament as an instrument of empire, and not as a
means of supply.
Such, Sir, is my idea of the Constitution of the British 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 speculatist or a factious demagogue I know
not, but enough surely for the ease and happiness of man.
Sir, whilst we hold 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 that the colonies would not have proceeded in
supplying government as liberally, if you had not stepped in and hindered
them from contributing, by interrupting the 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.
Page 71
I charge, therefore, to this new and unfortunate system the loss not only
of peace, of union, and of commerce, but even of revenue, which its friends
are contending for. It is morally certain that we have lost at least a million
of free grants since the peace. I think we have lost a great deal more; and
that those who look for a revenue from the provinces never could have
pursued, even in that light, a course more directly repugnant to their
purposes.
Now, Sir, I trust I have shown, first on that narrow ground which the
honorable 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
pursued your ancient policy; that you threw everything into confusion,
when you made the Stamp Act; and that you restored everything to peace
and order, when you repealed it. I have shown that the revival of the system
of taxation has produced the very worst effects; and that the partial repeal
has produced, not partial good, but universal evil. Let these considerations,
founded on facts, not one of which can be denied, bring us back to our
reason by the road of our experience.
I cannot, as I have said, answer for mixed measures: but surely this
mixture of lenity would give the whole a better chance of success. When
you once regain confidence, the way will be clear before you. Then you
may enforce the Act of Navigation, when it ought to be enforced. You will
yourselves open it, where it ought still further to be opened. Proceed in
what you do, whatever you do, from policy, and not from rancor. Let us act
like men, let us act like statesmen. Let us hold some sort of consistent
conduct. It is agreed that a revenue is not to be had in America. If we lose
the profit, let us get rid of the odium.
of peace, of union, and of commerce, but even of revenue, which its friends
are contending for. It is morally certain that we have lost at least a million
of free grants since the peace. I think we have lost a great deal more; and
that those who look for a revenue from the provinces never could have
pursued, even in that light, a course more directly repugnant to their
purposes.
Now, Sir, I trust I have shown, first on that narrow ground which the
honorable 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
pursued your ancient policy; that you threw everything into confusion,
when you made the Stamp Act; and that you restored everything to peace
and order, when you repealed it. I have shown that the revival of the system
of taxation has produced the very worst effects; and that the partial repeal
has produced, not partial good, but universal evil. Let these considerations,
founded on facts, not one of which can be denied, bring us back to our
reason by the road of our experience.
I cannot, as I have said, answer for mixed measures: but surely this
mixture of lenity would give the whole a better chance of success. When
you once regain confidence, the way will be clear before you. Then you
may enforce the Act of Navigation, when it ought to be enforced. You will
yourselves open it, where it ought still further to be opened. Proceed in
what you do, whatever you do, from policy, and not from rancor. Let us act
like men, let us act like statesmen. Let us hold some sort of consistent
conduct. It is agreed that a revenue is not to be had in America. If we lose
the profit, let us get rid of the odium.
Page 72
On this business of America, I confess I am serious, even to sadness. I
have had but one opinion concerning it, since I sat, and before I sat in
Parliament. The noble lord[15] will, as usual, probably, attribute the part
taken by me and my friends in this business to a desire of getting his places.
Let him enjoy this happy and original idea. If I deprived him of it, I should
take away most of his wit, and all his argument. But I had rather bear the
brunt of all his wit, and indeed blows much heavier, than stand answerable
to God for 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 honorable friend under me on
the floor[16] has trod that road with great toil for upwards of twenty years
together. He is not yet arrived at the noble lord's destination. However, the
tracks of my worthy friend are those I have ever wished to follow; because I
know they lead to honor. Long may we tread the same road together,
whoever may accompany us, or whoever may laugh at us on our journey! I
honestly and solemnly declare, I have in all seasons adhered to the system
of 1766 for no other reason than, that I think 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.
have had but one opinion concerning it, since I sat, and before I sat in
Parliament. The noble lord[15] will, as usual, probably, attribute the part
taken by me and my friends in this business to a desire of getting his places.
Let him enjoy this happy and original idea. If I deprived him of it, I should
take away most of his wit, and all his argument. But I had rather bear the
brunt of all his wit, and indeed blows much heavier, than stand answerable
to God for 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 honorable friend under me on
the floor[16] has trod that road with great toil for upwards of twenty years
together. He is not yet arrived at the noble lord's destination. However, the
tracks of my worthy friend are those I have ever wished to follow; because I
know they lead to honor. Long may we tread the same road together,
whoever may accompany us, or whoever may laugh at us on our journey! I
honestly and solemnly declare, I have in all seasons adhered to the system
of 1766 for no other reason than, that I think 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.
Page 73
FOOTNOTES:
[1] Charles Wolfran Cornwall, Esq., lately appointed one of the Lords of
the Treasury.
[2] Lord North, then Chancellor of the Exchequer.
[3] Lord Hillsborough's Circular Letter to the Governors of the Colonies,
concerning the repeal of some of the duties laid in the Act of 1767.
[4] A material point is omitted by Mr. Burke in this speech, viz. the manner
in which the continent received this royal assurance. 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 so kindly opened and displayed to us,
to be lashed by the bitter reflection that any future administration will
entertain a wish to depart from that plan which affords the surest and most
permanent foundation of public 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 incapable of deceiving his faithful subjects;
and we esteem your Lordship's information not only as warranted, but even
sanctified by the royal word."
[5] Lord North.
[6] Mr. Dowdeswell.
[7] General Conway.
[8] General Conway.
[1] Charles Wolfran Cornwall, Esq., lately appointed one of the Lords of
the Treasury.
[2] Lord North, then Chancellor of the Exchequer.
[3] Lord Hillsborough's Circular Letter to the Governors of the Colonies,
concerning the repeal of some of the duties laid in the Act of 1767.
[4] A material point is omitted by Mr. Burke in this speech, viz. the manner
in which the continent received this royal assurance. 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 so kindly opened and displayed to us,
to be lashed by the bitter reflection that any future administration will
entertain a wish to depart from that plan which affords the surest and most
permanent foundation of public 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 incapable of deceiving his faithful subjects;
and we esteem your Lordship's information not only as warranted, but even
sanctified by the royal word."
[5] Lord North.
[6] Mr. Dowdeswell.
[7] General Conway.
[8] General Conway.
Page 74
[9] General Conway.
[10] General Conway.
[11] Supposed to allude to the Right Honorable Lord North, and George
Cooke, Esq., who were made joint paymasters in the summer of 1766, on
the removal of the Rockingham administration.
[12] Resolutions in May, 1770.
[13] Mr. Fuller.
[14] Lord Carmarthen.
[15] Lord North.
[16] Mr. Dowdeswell
[10] General Conway.
[11] Supposed to allude to the Right Honorable Lord North, and George
Cooke, Esq., who were made joint paymasters in the summer of 1766, on
the removal of the Rockingham administration.
[12] Resolutions in May, 1770.
[13] Mr. Fuller.
[14] Lord Carmarthen.
[15] Lord North.
[16] Mr. Dowdeswell
Page 75
SPEECHES
AT
HIS ARRIVAL AT BRISTOL,
AND AT THE
CONCLUSION OF THE POLL.
1774
AT
HIS ARRIVAL AT BRISTOL,
AND AT THE
CONCLUSION OF THE POLL.
1774
Page 76
EDITOR'S ADVERTISEMENT.
We believe there is no need of an apology to the public for offering to them
any genuine speeches of Mr. Burke: the two contained in this publication
undoubtedly are so. The general approbation they met with (as we hear)
from all parties at Bristol persuades us that a good edition of them will not
be unacceptable in London; which we own to be the inducement, and we
hope is a justification, of our offering it.
We do not presume to descant on the merit of these speeches; but as it is
no less new than honorable to find a popular candidate, at a popular
election, daring to avow his dissent to certain points that have been
considered as very popular objects, and maintaining himself on the manly
confidence of his own opinion, so we must say that it does great credit to
the people of England, as it proves to the world, that, to insure their
confidence, it is not necessary to flatter them, or to affect a subserviency to
their passions or their prejudices.
It may be necessary to promise, that at the opening of the poll the
candidates were Lord Clare, Mr. Brickdale, the two last members, and Mr.
Cruger, a considerable merchant at Bristol. On the second day of the poll,
Lord Clare declined; and a considerable body of gentlemen, who had
wished that the city of Bristol should, at this critical season, be represented
by some gentleman of tried abilities and known commercial knowledge,
immediately put Mr. Burke in nomination. Some of them set off express for
London to apprise that gentleman of this event; but he was gone to Malton,
in Yorkshire. The spirit and active zeal of these gentlemen followed him to
We believe there is no need of an apology to the public for offering to them
any genuine speeches of Mr. Burke: the two contained in this publication
undoubtedly are so. The general approbation they met with (as we hear)
from all parties at Bristol persuades us that a good edition of them will not
be unacceptable in London; which we own to be the inducement, and we
hope is a justification, of our offering it.
We do not presume to descant on the merit of these speeches; but as it is
no less new than honorable to find a popular candidate, at a popular
election, daring to avow his dissent to certain points that have been
considered as very popular objects, and maintaining himself on the manly
confidence of his own opinion, so we must say that it does great credit to
the people of England, as it proves to the world, that, to insure their
confidence, it is not necessary to flatter them, or to affect a subserviency to
their passions or their prejudices.
It may be necessary to promise, that at the opening of the poll the
candidates were Lord Clare, Mr. Brickdale, the two last members, and Mr.
Cruger, a considerable merchant at Bristol. On the second day of the poll,
Lord Clare declined; and a considerable body of gentlemen, who had
wished that the city of Bristol should, at this critical season, be represented
by some gentleman of tried abilities and known commercial knowledge,
immediately put Mr. Burke in nomination. Some of them set off express for
London to apprise that gentleman of this event; but he was gone to Malton,
in Yorkshire. The spirit and active zeal of these gentlemen followed him to
Page 77
Malton. They arrived there just after Mr. Burke's election for that place, and
invited him to Bristol.
Mr. Burke, as he tells us in his first speech, acquainted his constituents
with the honorable offer that was made him, and, with their consent, he
immediately set off for Bristol, on the Tuesday, at six in the evening; he
arrived at Bristol at half past two in the afternoon, on Thursday, the 13th of
October, being the sixth day of the poll.
He drove directly to the mayor's house, who not being at home, he
proceeded to the Guildhall, where he ascended the hustings, and having
saluted the electors, the sheriffs, and the two candidates, he reposed himself
for a few minutes, and then addressed the electors in a speech which was
received with great and universal applause and approbation.
invited him to Bristol.
Mr. Burke, as he tells us in his first speech, acquainted his constituents
with the honorable offer that was made him, and, with their consent, he
immediately set off for Bristol, on the Tuesday, at six in the evening; he
arrived at Bristol at half past two in the afternoon, on Thursday, the 13th of
October, being the sixth day of the poll.
He drove directly to the mayor's house, who not being at home, he
proceeded to the Guildhall, where he ascended the hustings, and having
saluted the electors, the sheriffs, and the two candidates, he reposed himself
for a few minutes, and then addressed the electors in a speech which was
received with great and universal applause and approbation.
Page 78
SPEECH
AT
HIS ARRIVAL AT BRISTOL.
Gentlemen,—I am come hither to solicit in person that favor which my
friends have hitherto endeavored to procure for me, by the most obliging,
and to me the most honorable exertions.
I have so high an opinion of the great trust which you have to confer on
this occasion, and, by long experience, so just a diffidence in my abilities to
fill it in a manner adequate even to my own ideas, that I should never have
ventured of myself to intrude into that awful situation. But since I am called
upon by the desire of several respectable fellow subjects, as I have done at
other times, I give up my fears to their wishes. Whatever my other
deficiencies may be, I do not know what it is to be wanting to my friends.
I am not fond of attempting to raise public expectations by great
promises. At this time, there is much cause to consider, and very little to
presume. We seem to be approaching to a great crisis in our affairs, which
calls for the whole wisdom of the wisest among us, without being able to
assure ourselves that any wisdom can preserve us from many and great
inconveniences. You know I speak of our unhappy contest with America. I
confess, it is a matter on which I look down as from a precipice. It is
difficult in itself, and it is rendered more intricate by a great variety of plans
AT
HIS ARRIVAL AT BRISTOL.
Gentlemen,—I am come hither to solicit in person that favor which my
friends have hitherto endeavored to procure for me, by the most obliging,
and to me the most honorable exertions.
I have so high an opinion of the great trust which you have to confer on
this occasion, and, by long experience, so just a diffidence in my abilities to
fill it in a manner adequate even to my own ideas, that I should never have
ventured of myself to intrude into that awful situation. But since I am called
upon by the desire of several respectable fellow subjects, as I have done at
other times, I give up my fears to their wishes. Whatever my other
deficiencies may be, I do not know what it is to be wanting to my friends.
I am not fond of attempting to raise public expectations by great
promises. At this time, there is much cause to consider, and very little to
presume. We seem to be approaching to a great crisis in our affairs, which
calls for the whole wisdom of the wisest among us, without being able to
assure ourselves that any wisdom can preserve us from many and great
inconveniences. You know I speak of our unhappy contest with America. I
confess, it is a matter on which I look down as from a precipice. It is
difficult in itself, and it is rendered more intricate by a great variety of plans
Page 79
of conduct. I do not mean to enter into them. I will not suspect a want of
good intention in framing them. But however pure the intentions of their
authors may have been, we all know that the event has been unfortunate.
The means of recovering our affairs are not obvious. So many great
questions of commerce, of finance, of constitution, and of policy are
involved in this American deliberation, that I dare engage for nothing, but
that I shall give it, without any predilection to former opinions, or any
sinister bias whatsoever, the most honest and impartial consideration of
which I am capable. The public has a full right to it; and this great city, a
main pillar in the commercial interest of Great Britain, must totter on its
base by the slightest mistake with regard to our American measures.
Thus much, however, I think it not amiss to lay before you,—that I am
not, I hope, apt to take up or lay down my opinions lightly. I have held, and
ever shall maintain, to the best of my power, unimpaired and undiminished,
the just, wise, and necessary constitutional superiority of Great Britain. This
is necessary for America as well as for us. I never mean to depart from it.
Whatever may be lost by it, I avow it. The forfeiture even of your favor, if
by such a declaration I could forfeit it, though the first object of my
ambition, never will make me disguise my sentiments on this subject.
But—I have ever had a clear opinion, and have ever held a constant
correspondent conduct, that this superiority is consistent with all the
liberties a sober and spirited American ought to desire. I never mean to put
any colonist, or any human creature, in a situation not becoming a free man.
To reconcile British superiority with American liberty shall be my great
object, as far as my little faculties extend. I am far from thinking that both,
even yet, may not be preserved.
When I first devoted myself to the public service, I considered how I
should render myself fit for it; and this I did by endeavoring to discover
good intention in framing them. But however pure the intentions of their
authors may have been, we all know that the event has been unfortunate.
The means of recovering our affairs are not obvious. So many great
questions of commerce, of finance, of constitution, and of policy are
involved in this American deliberation, that I dare engage for nothing, but
that I shall give it, without any predilection to former opinions, or any
sinister bias whatsoever, the most honest and impartial consideration of
which I am capable. The public has a full right to it; and this great city, a
main pillar in the commercial interest of Great Britain, must totter on its
base by the slightest mistake with regard to our American measures.
Thus much, however, I think it not amiss to lay before you,—that I am
not, I hope, apt to take up or lay down my opinions lightly. I have held, and
ever shall maintain, to the best of my power, unimpaired and undiminished,
the just, wise, and necessary constitutional superiority of Great Britain. This
is necessary for America as well as for us. I never mean to depart from it.
Whatever may be lost by it, I avow it. The forfeiture even of your favor, if
by such a declaration I could forfeit it, though the first object of my
ambition, never will make me disguise my sentiments on this subject.
But—I have ever had a clear opinion, and have ever held a constant
correspondent conduct, that this superiority is consistent with all the
liberties a sober and spirited American ought to desire. I never mean to put
any colonist, or any human creature, in a situation not becoming a free man.
To reconcile British superiority with American liberty shall be my great
object, as far as my little faculties extend. I am far from thinking that both,
even yet, may not be preserved.
When I first devoted myself to the public service, I considered how I
should render myself fit for it; and this I did by endeavoring to discover
Page 80
what it was that gave this country the rank it holds in the world. I found that
our prosperity and dignity arose principally, if not solely, from two sources:
our Constitution, and commerce. Both these I have spared no study to
understand, and no endeavor to support.
The distinguishing part of our Constitution is its liberty. To preserve that
liberty inviolate seems the particular duty and proper trust of a member of
the House of Commons. But the liberty, the only liberty, I mean is a liberty
connected with order: that not only exists along with order and virtue, but
which cannot exist at all without them. It inheres in good and steady
government, as in its substance and vital principle.
The other source of our power is commerce, of which you are so large a
part, and which cannot exist, no more than your liberty, without a
connection with many virtues. It has ever been a very particular and a very
favorite object of my study, in its principles, and in its details. I think many
here are acquainted with the truth of what I say. This I know,—that I have
ever had my house open, and my poor services ready, for traders and
manufacturers of every denomination. My favorite ambition is, to have
those services acknowledged. I now appear before you to make trial,
whether my earnest endeavors have been so wholly oppressed by the
weakness of my abilities as to be rendered insignificant in the eyes of a
great trading city; or whether you choose to give a weight to humble
abilities, for the sake of the honest exertions with which they are
accompanied. This is my trial to-day. My industry is not on trial. Of my
industry I am sure, as far as my constitution of mind and body admitted.
When I was invited by many respectable merchants, freeholders, and
freemen of this city to offer them my services, I had just received the honor
of an election at another place, at a very great distance from this. I
immediately opened the matter to those of my worthy constituents who
our prosperity and dignity arose principally, if not solely, from two sources:
our Constitution, and commerce. Both these I have spared no study to
understand, and no endeavor to support.
The distinguishing part of our Constitution is its liberty. To preserve that
liberty inviolate seems the particular duty and proper trust of a member of
the House of Commons. But the liberty, the only liberty, I mean is a liberty
connected with order: that not only exists along with order and virtue, but
which cannot exist at all without them. It inheres in good and steady
government, as in its substance and vital principle.
The other source of our power is commerce, of which you are so large a
part, and which cannot exist, no more than your liberty, without a
connection with many virtues. It has ever been a very particular and a very
favorite object of my study, in its principles, and in its details. I think many
here are acquainted with the truth of what I say. This I know,—that I have
ever had my house open, and my poor services ready, for traders and
manufacturers of every denomination. My favorite ambition is, to have
those services acknowledged. I now appear before you to make trial,
whether my earnest endeavors have been so wholly oppressed by the
weakness of my abilities as to be rendered insignificant in the eyes of a
great trading city; or whether you choose to give a weight to humble
abilities, for the sake of the honest exertions with which they are
accompanied. This is my trial to-day. My industry is not on trial. Of my
industry I am sure, as far as my constitution of mind and body admitted.
When I was invited by many respectable merchants, freeholders, and
freemen of this city to offer them my services, I had just received the honor
of an election at another place, at a very great distance from this. I
immediately opened the matter to those of my worthy constituents who
Page 81
were with me, and they unanimously advised me not to decline it. They told
me that they had elected me with a view to the public service; and as great
questions relative to our commerce and colonies were imminent that in such
matters I might derive authority and support from the representation of this
great commercial city: they desired me, therefore, to set off without delay,
very well persuaded that I never could forget my obligations to them or to
my friends, for the choice they had made of me. From that time to this
instant I have not slept; and if I should have the honor of being freely
chosen by you, I hope I shall be as far from slumbering or sleeping, when
your service requires me to be awake, as I have been in coming to offer
myself a candidate for your favor.
me that they had elected me with a view to the public service; and as great
questions relative to our commerce and colonies were imminent that in such
matters I might derive authority and support from the representation of this
great commercial city: they desired me, therefore, to set off without delay,
very well persuaded that I never could forget my obligations to them or to
my friends, for the choice they had made of me. From that time to this
instant I have not slept; and if I should have the honor of being freely
chosen by you, I hope I shall be as far from slumbering or sleeping, when
your service requires me to be awake, as I have been in coming to offer
myself a candidate for your favor.
Page 82
SPEECH
TO THE
ELECTORS OF BRISTOL,
ON HIS BEING DECLARED BY THE SHERIFFS DULY
ELECTED ONE OF THE
REPRESENTATIVES IN PARLIAMENT FOR THAT CITY,
ON THURSDAY, THE 3D OF NOVEMBER, 1774.
Gentlemen,—I cannot avoid sympathizing strongly with the feelings of the
gentleman who has received the same honor that you have conferred on me.
If he, who was bred and passed his whole life amongst you,—if he, who,
through the easy gradations of acquaintance, friendship, and esteem, has
obtained the honor which seems of itself, naturally and almost insensibly, to
meet with those who, by the even tenor of pleasing manners and social
virtues, slide into the love and confidence of their fellow-citizens,—if he
cannot speak but with great emotion on this subject, surrounded as he is on
all sides with his old friends,—you will have the goodness to excuse me, if
my real, unaffected embarrassment prevents me from expressing my
gratitude to you as I ought.
TO THE
ELECTORS OF BRISTOL,
ON HIS BEING DECLARED BY THE SHERIFFS DULY
ELECTED ONE OF THE
REPRESENTATIVES IN PARLIAMENT FOR THAT CITY,
ON THURSDAY, THE 3D OF NOVEMBER, 1774.
Gentlemen,—I cannot avoid sympathizing strongly with the feelings of the
gentleman who has received the same honor that you have conferred on me.
If he, who was bred and passed his whole life amongst you,—if he, who,
through the easy gradations of acquaintance, friendship, and esteem, has
obtained the honor which seems of itself, naturally and almost insensibly, to
meet with those who, by the even tenor of pleasing manners and social
virtues, slide into the love and confidence of their fellow-citizens,—if he
cannot speak but with great emotion on this subject, surrounded as he is on
all sides with his old friends,—you will have the goodness to excuse me, if
my real, unaffected embarrassment prevents me from expressing my
gratitude to you as I ought.
Page 83
I was brought hither under the disadvantage of being unknown, even by
sight, to any of you. No previous canvass was made for me. I was put in
nomination after the poll was opened. I did not appear until it was far
advanced. If, under all these accumulated disadvantages, your good opinion
has carried me to this happy point of success, you will pardon me, if I can
only say to you collectively, as I said to you individually, simply and
plainly, I thank you,—I am obliged to you,—I am not insensible of your
kindness.
This is all that I am able to say for the inestimable favor you have
conferred upon me. But I cannot be satisfied without saying a little more in
defence of the right you have to confer such a favor. The person that
appeared here as counsel for the candidate who so long and so earnestly
solicited your votes thinks proper to deny that a very great part of you have
any votes to give. He fixes a standard period of time in his own
imagination, (not what the law defines, but merely what the convenience of
his client suggests,) by which he would cut off at one stroke all those
freedoms which are the dearest privileges of your corporation,—which the
Common Law authorizes,—which your magistrates are compelled to grant,
—which come duly authenticated into this court,—and are saved in the
clearest words, and with the most religious care and tenderness, in that very
act of Parliament which was made to regulate the elections by freemen, and
to prevent all possible abuses in making them.
I do not intend to argue the matter here. My learned counsel has
supported your cause with his usual ability; the worthy sheriffs have acted
with their usual equity; and I have no doubt that the same equity which
dictates the return will guide the final determination. I had the honor, in
conjunction with many far wiser men, to contribute a very small assistance,
but, however, some assistance, to the forming the judicature which is to try
such questions. It would be unnatural in me to doubt the justice of that
sight, to any of you. No previous canvass was made for me. I was put in
nomination after the poll was opened. I did not appear until it was far
advanced. If, under all these accumulated disadvantages, your good opinion
has carried me to this happy point of success, you will pardon me, if I can
only say to you collectively, as I said to you individually, simply and
plainly, I thank you,—I am obliged to you,—I am not insensible of your
kindness.
This is all that I am able to say for the inestimable favor you have
conferred upon me. But I cannot be satisfied without saying a little more in
defence of the right you have to confer such a favor. The person that
appeared here as counsel for the candidate who so long and so earnestly
solicited your votes thinks proper to deny that a very great part of you have
any votes to give. He fixes a standard period of time in his own
imagination, (not what the law defines, but merely what the convenience of
his client suggests,) by which he would cut off at one stroke all those
freedoms which are the dearest privileges of your corporation,—which the
Common Law authorizes,—which your magistrates are compelled to grant,
—which come duly authenticated into this court,—and are saved in the
clearest words, and with the most religious care and tenderness, in that very
act of Parliament which was made to regulate the elections by freemen, and
to prevent all possible abuses in making them.
I do not intend to argue the matter here. My learned counsel has
supported your cause with his usual ability; the worthy sheriffs have acted
with their usual equity; and I have no doubt that the same equity which
dictates the return will guide the final determination. I had the honor, in
conjunction with many far wiser men, to contribute a very small assistance,
but, however, some assistance, to the forming the judicature which is to try
such questions. It would be unnatural in me to doubt the justice of that
Page 84
court, in the trial of my own cause, to which I have been so active to give
jurisdiction over every other.
I assure the worthy freemen, and this corporation, that, if the gentleman
perseveres in the intentions which his present warmth dictates to him, I will
attend their cause with diligence, and I hope with effect. For, if I know
anything of myself, it is not my own interest in it, but my full conviction,
that induces me to tell you, I think there is not a shadow of doubt in the
case.
I do not imagine that you find me rash in declaring myself, or very
forward in troubling you. From the beginning to the end of the election, I
have kept silence in all matters of discussion. I have never asked a question
of a voter on the other side, or supported a doubtful vote on my own. I
respected the abilities of my managers; I relied on the candor of the court. I
think the worthy sheriffs will bear me witness that I have never once made
an attempt to impose upon their reason, to surprise their justice, or to ruffle
their temper. I stood on the hustings (except when I gave my thanks to those
who favored me with their votes) less like a candidate than an unconcerned
spectator of a public proceeding. But here the face of things is altered. Here
is an attempt for a general massacre of suffrages,—an attempt, by a
promiscuous carnage of friends and foes, to exterminate above two
thousand votes, including seven hundred polled for the gentleman himself
who now complains, and who would destroy the friends whom he has
obtained, only because he cannot obtain as many of them as he wishes.
How he will be permitted, in another place, to stultify and disable
himself, and to plead against his own acts, is another question. The law will
decide it. I shall only speak of it as it concerns the propriety of public
conduct in this city. I do not pretend to lay down rules of decorum for other
gentlemen. They are best judges of the mode of proceeding that will
jurisdiction over every other.
I assure the worthy freemen, and this corporation, that, if the gentleman
perseveres in the intentions which his present warmth dictates to him, I will
attend their cause with diligence, and I hope with effect. For, if I know
anything of myself, it is not my own interest in it, but my full conviction,
that induces me to tell you, I think there is not a shadow of doubt in the
case.
I do not imagine that you find me rash in declaring myself, or very
forward in troubling you. From the beginning to the end of the election, I
have kept silence in all matters of discussion. I have never asked a question
of a voter on the other side, or supported a doubtful vote on my own. I
respected the abilities of my managers; I relied on the candor of the court. I
think the worthy sheriffs will bear me witness that I have never once made
an attempt to impose upon their reason, to surprise their justice, or to ruffle
their temper. I stood on the hustings (except when I gave my thanks to those
who favored me with their votes) less like a candidate than an unconcerned
spectator of a public proceeding. But here the face of things is altered. Here
is an attempt for a general massacre of suffrages,—an attempt, by a
promiscuous carnage of friends and foes, to exterminate above two
thousand votes, including seven hundred polled for the gentleman himself
who now complains, and who would destroy the friends whom he has
obtained, only because he cannot obtain as many of them as he wishes.
How he will be permitted, in another place, to stultify and disable
himself, and to plead against his own acts, is another question. The law will
decide it. I shall only speak of it as it concerns the propriety of public
conduct in this city. I do not pretend to lay down rules of decorum for other
gentlemen. They are best judges of the mode of proceeding that will
Page 85
recommend them to the favor of their fellow-citizens. But I confess I should
look rather awkward, if I had been the very first to produce the new copies
of freedom,—if I had persisted in producing them to the last,—if I had
ransacked, with the most unremitting industry and the most penetrating
research, the remotest corners of the kingdom to discover them,—if I were
then, all at once, to turn short, and declare that I had been sporting all this
while with the right of election, and that I had been drawing out a poll, upon
no sort of rational grounds, which disturbed the peace of my fellow-citizens
for a month together;—I really, for my part, should appear awkward under
such circumstances.
It would be still more awkward in me, if I were gravely to look the
sheriffs in the face, and to tell them they were not to determine my cause on
my own principles, nor to make the return upon those votes upon which I
had rested my election. Such would be my appearance to the court and
magistrates.
But how should I appear to the voters themselves? If I had gone round to
the citizens entitled to freedom, and squeezed them by the hand,—"Sir, I
humbly beg your vote,—I shall be eternally thankful,—may I hope for the
honor of your support?—Well!—come,—we shall see you at the Council-
House."—If I were then to deliver them to my managers, pack them into
tallies, vote them off in court, and when I heard from the bar,—"Such a one
only! and such a one forever!—he's my man!"—"Thank you, good Sir,—
Hah! my worthy friend! thank you kindly,—that's an honest fellow,—how
is your good family?"—Whilst these words were hardly out of my mouth, if
I should have wheeled round at once, and told them,—"Get you gone, you
pack of worthless fellows! you have no votes,—you are usurpers! you are
intruders on the rights of real freemen! I will have nothing to do with you!
you ought never to have been produced at this election, and the sheriffs
ought not to have admitted you to poll!"—
look rather awkward, if I had been the very first to produce the new copies
of freedom,—if I had persisted in producing them to the last,—if I had
ransacked, with the most unremitting industry and the most penetrating
research, the remotest corners of the kingdom to discover them,—if I were
then, all at once, to turn short, and declare that I had been sporting all this
while with the right of election, and that I had been drawing out a poll, upon
no sort of rational grounds, which disturbed the peace of my fellow-citizens
for a month together;—I really, for my part, should appear awkward under
such circumstances.
It would be still more awkward in me, if I were gravely to look the
sheriffs in the face, and to tell them they were not to determine my cause on
my own principles, nor to make the return upon those votes upon which I
had rested my election. Such would be my appearance to the court and
magistrates.
But how should I appear to the voters themselves? If I had gone round to
the citizens entitled to freedom, and squeezed them by the hand,—"Sir, I
humbly beg your vote,—I shall be eternally thankful,—may I hope for the
honor of your support?—Well!—come,—we shall see you at the Council-
House."—If I were then to deliver them to my managers, pack them into
tallies, vote them off in court, and when I heard from the bar,—"Such a one
only! and such a one forever!—he's my man!"—"Thank you, good Sir,—
Hah! my worthy friend! thank you kindly,—that's an honest fellow,—how
is your good family?"—Whilst these words were hardly out of my mouth, if
I should have wheeled round at once, and told them,—"Get you gone, you
pack of worthless fellows! you have no votes,—you are usurpers! you are
intruders on the rights of real freemen! I will have nothing to do with you!
you ought never to have been produced at this election, and the sheriffs
ought not to have admitted you to poll!"—
Page 86
Gentlemen, I should make a strange figure, if my conduct had been of
this sort. I am not so old an acquaintance of yours as the worthy gentleman.
Indeed, I could not have ventured on such kind of freedoms with you. But I
am bound, and I will endeavor, to have justice done to the rights of freemen,
—even though I should at the same time be obliged to vindicate the
former[17] part of my antagonist's conduct against his own present
inclinations.
I owe myself, in all things, to all the freemen of this city. My particular
friends have a demand on mo that I should not deceive their expectations.
Never was cause or man supported with more constancy, more activity,
more spirit. I have been supported with a zeal, indeed, and heartiness in my
friends, which (if their object had been at all proportioned to their
endeavors) could never be sufficiently commended. They supported me
upon the most liberal principles. They wished that the members for Bristol
should be chosen for the city, and for their country at large, and not for
themselves.
So far they are not disappointed. If I possess nothing else, I am sure I
possess the temper that is fit for your service. I know nothing of Bristol, but
by the favors I have received, and the virtues I have seen exerted in it.
I shall ever retain, what I now feel, the most perfect and grateful
attachment to my friends,—and I have no enmities, no resentments. I never
can consider fidelity to engagements and constancy in friendships but with
the highest approbation, even when those noble qualities are employed
against my own pretensions. The gentleman who is not so fortunate as I
have been in this contest enjoys, in this respect, a consolation full of honor
both to himself and to his friends. They have certainly left nothing undone
for his service.
this sort. I am not so old an acquaintance of yours as the worthy gentleman.
Indeed, I could not have ventured on such kind of freedoms with you. But I
am bound, and I will endeavor, to have justice done to the rights of freemen,
—even though I should at the same time be obliged to vindicate the
former[17] part of my antagonist's conduct against his own present
inclinations.
I owe myself, in all things, to all the freemen of this city. My particular
friends have a demand on mo that I should not deceive their expectations.
Never was cause or man supported with more constancy, more activity,
more spirit. I have been supported with a zeal, indeed, and heartiness in my
friends, which (if their object had been at all proportioned to their
endeavors) could never be sufficiently commended. They supported me
upon the most liberal principles. They wished that the members for Bristol
should be chosen for the city, and for their country at large, and not for
themselves.
So far they are not disappointed. If I possess nothing else, I am sure I
possess the temper that is fit for your service. I know nothing of Bristol, but
by the favors I have received, and the virtues I have seen exerted in it.
I shall ever retain, what I now feel, the most perfect and grateful
attachment to my friends,—and I have no enmities, no resentments. I never
can consider fidelity to engagements and constancy in friendships but with
the highest approbation, even when those noble qualities are employed
against my own pretensions. The gentleman who is not so fortunate as I
have been in this contest enjoys, in this respect, a consolation full of honor
both to himself and to his friends. They have certainly left nothing undone
for his service.
Page 87
As for the trifling petulance which the rage of party stirs up in little
minds, though it should show itself even in this court, it has not made the
slightest impression on me. The highest flight of such clamorous birds is
winged in an inferior region of the air. We hear them, and we look upon
them, just as you, Gentlemen, when you enjoy the serene air on your lofty
rocks, look down upon the gulls that skim the mud of your river, when it is
exhausted of its tide.
I am sorry I cannot conclude without saying a word on a topic touched
upon by my worthy colleague. I wish that topic had been passed by at a
time when I have so little leisure to discuss it. But since he has thought
proper to throw it out, I owe you a clear explanation of my poor sentiments
on that subject.
He tells you that "the topic of instructions has occasioned much
altercation and uneasiness in this city"; and he expresses himself (if I
understand him rightly) in favor of the coercive authority of such
instructions.
Certainly, Gentlemen, it ought to be the happiness and glory of a
representative to live in the strictest union, the closest correspondence, and
the most unreserved communication with his constituents. Their wishes
ought to have great weight with him; their opinions high respect; their
business unremitted attention. It is his duty to sacrifice his repose, his
pleasure, his satisfactions, to theirs,—and above all, ever, and in all cases,
to prefer their interest to his own.
But his unbiased opinion, his mature judgment, his enlightened
conscience, he ought not to sacrifice to you, to any man, or to any set of
men living. These he does not derive from your pleasure,—no, nor from the
law and the Constitution. They are a trust from Providence, for the abuse of
which he is deeply answerable. Your representative owes you, not his
minds, though it should show itself even in this court, it has not made the
slightest impression on me. The highest flight of such clamorous birds is
winged in an inferior region of the air. We hear them, and we look upon
them, just as you, Gentlemen, when you enjoy the serene air on your lofty
rocks, look down upon the gulls that skim the mud of your river, when it is
exhausted of its tide.
I am sorry I cannot conclude without saying a word on a topic touched
upon by my worthy colleague. I wish that topic had been passed by at a
time when I have so little leisure to discuss it. But since he has thought
proper to throw it out, I owe you a clear explanation of my poor sentiments
on that subject.
He tells you that "the topic of instructions has occasioned much
altercation and uneasiness in this city"; and he expresses himself (if I
understand him rightly) in favor of the coercive authority of such
instructions.
Certainly, Gentlemen, it ought to be the happiness and glory of a
representative to live in the strictest union, the closest correspondence, and
the most unreserved communication with his constituents. Their wishes
ought to have great weight with him; their opinions high respect; their
business unremitted attention. It is his duty to sacrifice his repose, his
pleasure, his satisfactions, to theirs,—and above all, ever, and in all cases,
to prefer their interest to his own.
But his unbiased opinion, his mature judgment, his enlightened
conscience, he ought not to sacrifice to you, to any man, or to any set of
men living. These he does not derive from your pleasure,—no, nor from the
law and the Constitution. They are a trust from Providence, for the abuse of
which he is deeply answerable. Your representative owes you, not his
Page 88
industry only, but his judgment; and he betrays, instead of serving you, if he
sacrifices it to your opinion.
My worthy colleague says, his will ought to be subservient to yours. If
that be all, the thing is innocent. If government were a matter of will upon
any side, yours, without question, ought to be superior. But government and
legislation are matters of reason and judgment, and not of inclination; and
what sort of reason is that in which the determination precedes the
discussion, in which one set of men deliberate and another decide, and
where those who form the conclusion are perhaps three hundred miles
distant from those who hear the arguments?
To deliver an opinion is the right of all men; that of constituents is a
weighty and respectable opinion, which a representative ought always to
rejoice to hear, and which he ought always most seriously to consider. But
authoritative instructions, mandates issued, which the member is bound
blindly and implicitly to obey, to vote, and to argue for, though contrary to
the clearest conviction of his judgment and conscience,—these are things
utterly unknown to the laws of this land, and which arise from a
fundamental mistake of the whole order and tenor of our Constitution.
Parliament is not a congress of ambassadors from different and hostile
interests, which interests each must maintain, as an agent and advocate,
against other agents and advocates; but Parliament is a deliberative
assembly of one nation, with one interest, that of the whole—where not
local purposes, not local prejudices, ought to guide, but the general good,
resulting from the general reason of the whole. You choose a member,
indeed; but when you have chosen him, he is not member of Bristol, but he
is a member of Parliament. If the local constituent should have an interest
or should form an hasty opinion evidently opposite to the real good of the
rest of the community, the member for that place ought to be as far as any
sacrifices it to your opinion.
My worthy colleague says, his will ought to be subservient to yours. If
that be all, the thing is innocent. If government were a matter of will upon
any side, yours, without question, ought to be superior. But government and
legislation are matters of reason and judgment, and not of inclination; and
what sort of reason is that in which the determination precedes the
discussion, in which one set of men deliberate and another decide, and
where those who form the conclusion are perhaps three hundred miles
distant from those who hear the arguments?
To deliver an opinion is the right of all men; that of constituents is a
weighty and respectable opinion, which a representative ought always to
rejoice to hear, and which he ought always most seriously to consider. But
authoritative instructions, mandates issued, which the member is bound
blindly and implicitly to obey, to vote, and to argue for, though contrary to
the clearest conviction of his judgment and conscience,—these are things
utterly unknown to the laws of this land, and which arise from a
fundamental mistake of the whole order and tenor of our Constitution.
Parliament is not a congress of ambassadors from different and hostile
interests, which interests each must maintain, as an agent and advocate,
against other agents and advocates; but Parliament is a deliberative
assembly of one nation, with one interest, that of the whole—where not
local purposes, not local prejudices, ought to guide, but the general good,
resulting from the general reason of the whole. You choose a member,
indeed; but when you have chosen him, he is not member of Bristol, but he
is a member of Parliament. If the local constituent should have an interest
or should form an hasty opinion evidently opposite to the real good of the
rest of the community, the member for that place ought to be as far as any
Page 89
other from any endeavor to give it effect. I beg pardon for saying so much
on this subject; I have been unwillingly drawn into it; but I shall ever use a
respectful frankness of communication with you. Your faithful friend, your
devoted servant, I shall be to the end of my life: a flatterer you do not wish
for. On this point of instructions, however, I think it scarcely possible we
ever can have any sort of difference. Perhaps I may give you too much,
rather than too little trouble.
From the first hour I was encouraged to court your favor, to this happy
day of obtaining it, I have never promised you anything but humble and
persevering endeavors to do my duty. The weight of that duty, I confess,
makes me tremble; and whoever well considers what it is, of all things in
the world, will fly from what has the least likeness to a positive and
precipitate engagement. To be a good member of Parliament is, let me tell
you, no easy task,—especially at this time, when there is so strong a
disposition to run into the perilous extremes of servile compliance or wild
popularity. To unite circumspection with vigor is absolutely necessary, but it
is extremely difficult. We are now members for a rich commercial city; this
city, however, is but a part of a rich commercial nation, the interests of
which are various, multiform, and intricate. We are members for that great
nation, which, however, is itself but part of a great empire, extended by our
virtue and our fortune to the farthest limits of the East and of the West. All
these wide-spread interests must be considered,—must be compared,—must
be reconciled, if possible. We are members for a free country; and surely we
all know that the machine of a free constitution is no simple thing, but as
intricate and as delicate as it is valuable. We are members in a great and
ancient monarchy; and we must preserve religiously the true, legal rights of
the sovereign, which form the keystone that binds together the noble and
well-constructed arch of our empire and our Constitution. A constitution
made up of balanced powers must ever be a critical thing. As such I mean to
touch that part of it which comes within my reach. I know my inability, and
on this subject; I have been unwillingly drawn into it; but I shall ever use a
respectful frankness of communication with you. Your faithful friend, your
devoted servant, I shall be to the end of my life: a flatterer you do not wish
for. On this point of instructions, however, I think it scarcely possible we
ever can have any sort of difference. Perhaps I may give you too much,
rather than too little trouble.
From the first hour I was encouraged to court your favor, to this happy
day of obtaining it, I have never promised you anything but humble and
persevering endeavors to do my duty. The weight of that duty, I confess,
makes me tremble; and whoever well considers what it is, of all things in
the world, will fly from what has the least likeness to a positive and
precipitate engagement. To be a good member of Parliament is, let me tell
you, no easy task,—especially at this time, when there is so strong a
disposition to run into the perilous extremes of servile compliance or wild
popularity. To unite circumspection with vigor is absolutely necessary, but it
is extremely difficult. We are now members for a rich commercial city; this
city, however, is but a part of a rich commercial nation, the interests of
which are various, multiform, and intricate. We are members for that great
nation, which, however, is itself but part of a great empire, extended by our
virtue and our fortune to the farthest limits of the East and of the West. All
these wide-spread interests must be considered,—must be compared,—must
be reconciled, if possible. We are members for a free country; and surely we
all know that the machine of a free constitution is no simple thing, but as
intricate and as delicate as it is valuable. We are members in a great and
ancient monarchy; and we must preserve religiously the true, legal rights of
the sovereign, which form the keystone that binds together the noble and
well-constructed arch of our empire and our Constitution. A constitution
made up of balanced powers must ever be a critical thing. As such I mean to
touch that part of it which comes within my reach. I know my inability, and
Page 90
I wish for support from every quarter. In particular I shall aim at the
friendship, and shall cultivate the best correspondence, of the worthy
colleague you have given me.
I trouble you no farther than once more to thank you all: you, Gentlemen,
for your favors; the candidates, for their temperate and polite behavior; and
the sheriffs, for a conduct which may give a model for all who are in public
stations.
FOOTNOTES:
[17] Mr. Brickdale opened his poll, it seems, with a tally of those very kind
of freemen, and voted many hundreds of them.
friendship, and shall cultivate the best correspondence, of the worthy
colleague you have given me.
I trouble you no farther than once more to thank you all: you, Gentlemen,
for your favors; the candidates, for their temperate and polite behavior; and
the sheriffs, for a conduct which may give a model for all who are in public
stations.
FOOTNOTES:
[17] Mr. Brickdale opened his poll, it seems, with a tally of those very kind
of freemen, and voted many hundreds of them.
Page 91
SPEECH
ON
MOVING HIS RESOLUTIONS FOR
CONCILIATION WITH THE COLONIES.
MARCH 22, 1775.
I hope, Sir, that, notwithstanding the austerity of the 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 superstition. 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 America is to
be returned to us from the other House.[18] I do confess, I could not help
looking on this event as a fortunate omen. I look upon it as a sort of
Providential favor, by which we are put once more in possession of our
deliberative capacity, upon a business so very questionable in its nature, so
very uncertain 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 conciliation, we are not at all
ON
MOVING HIS RESOLUTIONS FOR
CONCILIATION WITH THE COLONIES.
MARCH 22, 1775.
I hope, Sir, that, notwithstanding the austerity of the 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 superstition. 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 America is to
be returned to us from the other House.[18] I do confess, I could not help
looking on this event as a fortunate omen. I look upon it as a sort of
Providential favor, by which we are put once more in possession of our
deliberative capacity, upon a business so very questionable in its nature, so
very uncertain 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 conciliation, we are not at all
Page 92
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 superior warning voice, again to attend to America,—to attend to the
whole of it together,—and to review the subject with an unusual degree of
care and calmness.
Surely it is an awful subject,—or there is none so on this side of the
grave. When I first had the honor of a seat in this House, the affairs of that
continent pressed themselves upon us as the most important and most
delicate object of Parliamentary attention. 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 execution of that trust, I was obliged to take more than
common pains to instruct myself in everything 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 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
penetrated 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 error, or to a
religious adherence to what appears to me truth and reason, it is in your
equity to judge.
mixture of coercion and restraint. We are therefore called upon, as it were
by a superior warning voice, again to attend to America,—to attend to the
whole of it together,—and to review the subject with an unusual degree of
care and calmness.
Surely it is an awful subject,—or there is none so on this side of the
grave. When I first had the honor of a seat in this House, the affairs of that
continent pressed themselves upon us as the most important and most
delicate object of Parliamentary attention. 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 execution of that trust, I was obliged to take more than
common pains to instruct myself in everything 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 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
penetrated 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 error, or to a
religious adherence to what appears to me truth and reason, it is in your
equity to judge.
Page 93
Sir, Parliament, having an enlarged view of objects, made, during this
interval, more frequent changes in their sentiments and their conduct than
could be justified in a particular person upon the contracted scale of private
information. But though I do not hazard anything 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. Everything administered as remedy to the public
complaint, if it did not produce, was at least followed by, an heightening of
the distemper, until, by a variety of experiments, 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 description.
In this posture, Sir, things stood at the beginning of the session. About
that time, a worthy member,[19] 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 politics, told me,
things were come to such a pass that our former methods of proceeding in
the House would be no longer tolerated,—that the public tribunal (never too
indulgent to a long and unsuccessful opposition) would now scrutinize our
conduct with unusual severity,—that the very vicissitudes and shiftings of
ministerial measures, instead of convicting their authors of inconstancy and
want of system, would be taken as an occasion of charging us with a
predetermined discontent which nothing could satisfy, whilst we accused
every measure of vigor as cruel and every proposal of lenity as weak and
irresolute. The public, 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 capable of drawing out
interval, more frequent changes in their sentiments and their conduct than
could be justified in a particular person upon the contracted scale of private
information. But though I do not hazard anything 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. Everything administered as remedy to the public
complaint, if it did not produce, was at least followed by, an heightening of
the distemper, until, by a variety of experiments, 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 description.
In this posture, Sir, things stood at the beginning of the session. About
that time, a worthy member,[19] 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 politics, told me,
things were come to such a pass that our former methods of proceeding in
the House would be no longer tolerated,—that the public tribunal (never too
indulgent to a long and unsuccessful opposition) would now scrutinize our
conduct with unusual severity,—that the very vicissitudes and shiftings of
ministerial measures, instead of convicting their authors of inconstancy and
want of system, would be taken as an occasion of charging us with a
predetermined discontent which nothing could satisfy, whilst we accused
every measure of vigor as cruel and every proposal of lenity as weak and
irresolute. The public, 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 capable of drawing out
Page 94
something like a platform of the ground which might be laid for future and
permanent tranquillity.
I felt the truth of what my honorable friend represented; but I felt my
situation, too. His application 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. Propositions are made, not only
ineffectually, but somewhat 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 candidate for disgrace.
Besides, Sir, to speak the plain truth, I have in general no very exalted
opinion of the virtue of paper government, nor of any polities 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 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 an higher duty. Public 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
permanent tranquillity.
I felt the truth of what my honorable friend represented; but I felt my
situation, too. His application 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. Propositions are made, not only
ineffectually, but somewhat 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 candidate for disgrace.
Besides, Sir, to speak the plain truth, I have in general no very exalted
opinion of the virtue of paper government, nor of any polities 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 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 an higher duty. Public 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
Page 95
other circumstances usually produces timidity. 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 because 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 exterior 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; not peace to arise out of universal discord, fomented from
principle, in all parts of the empire; not peace to depend on the juridical
determination of perplexing questions, or the precise marking the shadowy
boundaries of a complex government. It is simple peace, sought in its
natural course and in its ordinary haunts. It is peace sought in the spirit of
peace, and laid in principles purely pacific. 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 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,—and ever will be so, 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 an healing and cementing principle.
My plan, therefore, being formed upon the most simple grounds
imaginable, may disappoint some people, when they hear it. It has nothing
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 because 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 exterior 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; not peace to arise out of universal discord, fomented from
principle, in all parts of the empire; not peace to depend on the juridical
determination of perplexing questions, or the precise marking the shadowy
boundaries of a complex government. It is simple peace, sought in its
natural course and in its ordinary haunts. It is peace sought in the spirit of
peace, and laid in principles purely pacific. 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 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,—and ever will be so, 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 an healing and cementing principle.
My plan, therefore, being formed upon the most simple grounds
imaginable, may disappoint some people, when they hear it. It has nothing
Page 96
to recommend it to the pruriency of curious ears. There is nothing at all new
and captivating in it. It has nothing of the splendor of the project which has
been lately laid upon your table by the noble lord in the blue riband.[20] 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 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 derives, however, one great
advantage from the proposition 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
menacing 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 farther: it has declared conciliation 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 complaints of our former
mode of exerting the right of taxation were not wholly unfounded. That
right thus exerted is allowed to have had something reprehensible 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 exceptionable, 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
and captivating in it. It has nothing of the splendor of the project which has
been lately laid upon your table by the noble lord in the blue riband.[20] 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 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 derives, however, one great
advantage from the proposition 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
menacing 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 farther: it has declared conciliation 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 complaints of our former
mode of exerting the right of taxation were not wholly unfounded. That
right thus exerted is allowed to have had something reprehensible 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 exceptionable, 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
Page 97
think, indeed, are very indifferently suited to the end; and this I shall
endeavor to show you before I sit down. But, for the present, I take my
ground on the admitted 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 us. Great and acknowledged force is not impaired,
either in effect or in opinion, by an unwillingness to exert itself. The
superior power may offer peace with honor 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 superior; and he loses forever that time and those
chances which, as they happen to all men, are the strength and resources of
all inferior 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
concession ought to be. On the first of these questions we have gained (as I
have just taken the liberty of observing 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 precise judgment, I think it may be necessary to consider distinctly the
true nature and the peculiar circumstances of the object which we have
before us: because, 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 endeavor, 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.
endeavor to show you before I sit down. But, for the present, I take my
ground on the admitted 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 us. Great and acknowledged force is not impaired,
either in effect or in opinion, by an unwillingness to exert itself. The
superior power may offer peace with honor 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 superior; and he loses forever that time and those
chances which, as they happen to all men, are the strength and resources of
all inferior 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
concession ought to be. On the first of these questions we have gained (as I
have just taken the liberty of observing 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 precise judgment, I think it may be necessary to consider distinctly the
true nature and the peculiar circumstances of the object which we have
before us: because, 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 endeavor, 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.
Page 98
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 millions of inhabitants of our own European
blood and color,—besides at least 500,000 others, who form no
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
present 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 deliberating 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 growing 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,
contracted, pinched, occasional system will be at all suitable 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 of the state,—not a mean dependant, 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, in 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.
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 millions of inhabitants of our own European
blood and color,—besides at least 500,000 others, who form no
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
present 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 deliberating 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 growing 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,
contracted, pinched, occasional system will be at all suitable 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 of the state,—not a mean dependant, 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, in 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.
Page 99
But the population of this country, the great and growing population,
though a very important consideration, will lose much of its weight, if not
combined with other circumstances. The commerce of your colonies is out
of all proportion beyond the numbers of the people. This ground of their
commerce, indeed, has been trod some days ago, and with great ability, by a
distinguished person,[21] at your bar. This gentleman, after thirty-five years,
—it is so long since he first appeared at the same place to plead for the
commerce of Great Britain,—has come again before you to plead the same
cause, without any other effect of time than that to the fire of imagination
and extent of erudition, which even then marked him as one of the first
literary characters of his age, he has added a consummate knowledge in the
commercial interest of his country, formed by a long course of enlightened
and discriminating experience.
Sir, I should be inexcusable in coming after such a person with any
detail, if a great part of the members 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 comparative state of the export
trade of England to its colonies, 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 Parliamentary information.
though a very important consideration, will lose much of its weight, if not
combined with other circumstances. The commerce of your colonies is out
of all proportion beyond the numbers of the people. This ground of their
commerce, indeed, has been trod some days ago, and with great ability, by a
distinguished person,[21] at your bar. This gentleman, after thirty-five years,
—it is so long since he first appeared at the same place to plead for the
commerce of Great Britain,—has come again before you to plead the same
cause, without any other effect of time than that to the fire of imagination
and extent of erudition, which even then marked him as one of the first
literary characters of his age, he has added a consummate knowledge in the
commercial interest of his country, formed by a long course of enlightened
and discriminating experience.
Sir, I should be inexcusable in coming after such a person with any
detail, if a great part of the members 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 comparative state of the export
trade of England to its colonies, 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 Parliamentary information.
Page 100
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 account of their commerce; the West Indian; and the North American.
All these are so interwoven, that the attempt to separate them would tear to
pieces the contexture of the whole, and, if not entirely destroy, would very
much depreciate, the value of all the parts. I therefore consider these three
denominations 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:—
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 Indies
4,791,734
To Africa 866,398
To which if you add the export trade from Scotland, which
364,000
had in 1704 no existence
£6,024,171
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
compared with itself at these two periods, within this century;—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.
African, which, terminating almost wholly in the colonies, must be put to
the account of their commerce; the West Indian; and the North American.
All these are so interwoven, that the attempt to separate them would tear to
pieces the contexture of the whole, and, if not entirely destroy, would very
much depreciate, the value of all the parts. I therefore consider these three
denominations 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:—
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 Indies
4,791,734
To Africa 866,398
To which if you add the export trade from Scotland, which
364,000
had in 1704 no existence
£6,024,171
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
compared with itself at these two periods, within this century;—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.
Page 101
The whole export trade of England, including that to the
£6,509,000
colonies, in 1704
Export to the colonies alone, in 1772 6,024,000
Difference £485,000
The trade with America alone is now within less than 500,000l. of being
equal to what this great commercial 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 rather have exceeded. But, it will be
said, is not this American trade an unnatural protuberance, that has drawn
the juices from the rest of the body? The reverse. It is the very food that has
nourished every other part into its present magnitude. Our general trade has
been greatly augmented, and augmented more or less in almost every part to
which it ever extended, but with this material difference: that of the six
millions which in the beginning of the 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 of the importance of the 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 darkness,
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 instance, 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 quæ sit
£6,509,000
colonies, in 1704
Export to the colonies alone, in 1772 6,024,000
Difference £485,000
The trade with America alone is now within less than 500,000l. of being
equal to what this great commercial 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 rather have exceeded. But, it will be
said, is not this American trade an unnatural protuberance, that has drawn
the juices from the rest of the body? The reverse. It is the very food that has
nourished every other part into its present magnitude. Our general trade has
been greatly augmented, and augmented more or less in almost every part to
which it ever extended, but with this material difference: that of the six
millions which in the beginning of the 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 of the importance of the 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 darkness,
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 instance, 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 quæ sit
Page 102
poterit cognoscere virtus. Suppose, Sir, that the angel of this auspicious
youth, foreseeing the many virtues which made him one of the most
amiable, as he is one of the most fortunate men of his age, had opened to
him in vision, that, when, in the fourth generation, the third prince of the
House of Brunswick 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 an higher rank
of peerage, whilst he enriched the family with a new one,—if, amidst these
bright and happy scenes of domestic honor and prosperity, that angel should
have drawn up the curtain, 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 principle rather than a
formed body, and should tell him,—"Young man, there is America,—which
at this day serves for little 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 seventeen 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, and all the fervid glow of
enthusiasm, to make him believe it? Fortunate man, he has lived to see it!
Fortunate indeed, if he lives to see nothing that shall vary the prospect, and
cloud the setting of his day!
Excuse me, Sir, if, turning from such thoughts, I resume this comparative
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 single
youth, foreseeing the many virtues which made him one of the most
amiable, as he is one of the most fortunate men of his age, had opened to
him in vision, that, when, in the fourth generation, the third prince of the
House of Brunswick 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 an higher rank
of peerage, whilst he enriched the family with a new one,—if, amidst these
bright and happy scenes of domestic honor and prosperity, that angel should
have drawn up the curtain, 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 principle rather than a
formed body, and should tell him,—"Young man, there is America,—which
at this day serves for little 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 seventeen 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, and all the fervid glow of
enthusiasm, to make him believe it? Fortunate man, he has lived to see it!
Fortunate indeed, if he lives to see nothing that shall vary the prospect, and
cloud the setting of his day!
Excuse me, Sir, if, turning from such thoughts, I resume this comparative
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 single
Page 103
province of Pennsylvania. In the year 1704, that province called for 11,459l.
in value of your commodities, native and foreign. This was the whole. What
did it demand in 1772! Why, nearly fifty times as much; for in that year the
export to Pennsylvania was 507,909l., nearly equal to the export to all the
colonies together in the first period.
I choose, Sir, to enter into these minute and particular 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 speak of the commerce
with our colonies, fiction lags after truth, 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 burden
of life, how many materials which invigorate the springs of national
industry and extend and animate every part of our foreign and domestic
commerce. This would be a curious subject indeed,—but I must prescribe
bounds to myself in a matter so vast and various.
I pass, therefore, to the colonies in another point of view,—their
agriculture. This they have prosecuted with such a spirit, that, besides
feeding plentifully their own growing multitude, their annual export of
grain, comprehending rice, has some years ago exceeded 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.
in value of your commodities, native and foreign. This was the whole. What
did it demand in 1772! Why, nearly fifty times as much; for in that year the
export to Pennsylvania was 507,909l., nearly equal to the export to all the
colonies together in the first period.
I choose, Sir, to enter into these minute and particular 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 speak of the commerce
with our colonies, fiction lags after truth, 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 burden
of life, how many materials which invigorate the springs of national
industry and extend and animate every part of our foreign and domestic
commerce. This would be a curious subject indeed,—but I must prescribe
bounds to myself in a matter so vast and various.
I pass, therefore, to the colonies in another point of view,—their
agriculture. This they have prosecuted with such a spirit, that, besides
feeding plentifully their own growing multitude, their annual export of
grain, comprehending rice, has some years ago exceeded 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.
Page 104
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 enterprising employment has been
exercised ought rather, in my opinion, to have raised your esteem and
admiration. And pray, Sir, what in the world is equal to it? Pass by the other
parts, and look at the manner in which the people of New England have of
late carried on the whale-fishery. Whilst we follow them among the
tumbling mountains of ice, and behold them penetrating into the deepest
frozen recesses of Hudson's Bay and Davis's Straits, whilst we are looking
for them beneath the arctic circle, we hear that they have pierced into the
opposite region of polar cold, that they are at the antipodes, and engaged
under the frozen serpent of the South. Falkland Island, which seemed too
remote and romantic an object for the grasp of national ambition, is but a
stage and resting-place in the progress of their victorious industry. Nor is
the equinoctial heat more 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 gigantic 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 sagacity 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 colonies in general owe little or nothing to any care of
ours, and that they are not squeezed into this happy form by the constraints
of watchful and suspicious government, but that, through a wise and
salutary neglect, a generous nature has been suffered to take her own way to
perfection,—when I reflect upon these effects, when I see how profitable
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 enterprising employment has been
exercised ought rather, in my opinion, to have raised your esteem and
admiration. And pray, Sir, what in the world is equal to it? Pass by the other
parts, and look at the manner in which the people of New England have of
late carried on the whale-fishery. Whilst we follow them among the
tumbling mountains of ice, and behold them penetrating into the deepest
frozen recesses of Hudson's Bay and Davis's Straits, whilst we are looking
for them beneath the arctic circle, we hear that they have pierced into the
opposite region of polar cold, that they are at the antipodes, and engaged
under the frozen serpent of the South. Falkland Island, which seemed too
remote and romantic an object for the grasp of national ambition, is but a
stage and resting-place in the progress of their victorious industry. Nor is
the equinoctial heat more 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 gigantic 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 sagacity 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 colonies in general owe little or nothing to any care of
ours, and that they are not squeezed into this happy form by the constraints
of watchful and suspicious government, but that, through a wise and
salutary neglect, a generous nature has been suffered to take her own way to
perfection,—when I reflect upon these effects, when I see how profitable
Page 105
they have been to us, I feel all the pride of power sink, and all presumption
in the wisdom of human contrivances melt and die away within me,—my
rigor 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,
gentlemen say, is a noble object,—it is an object well worth fighting for.
Certainly it is, if fighting a people 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 understand the military art will of
course have some predilection for it. Those who wield the thunder of the
state may have more confidence in the efficacy of arms. But I confess,
possibly for want of this knowledge, my opinion is much more in favor 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 spirited as this, in a profitable and subordinate connection 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. Terror is not always the effect of
force, and an armament is not a victory. If you do not succeed, you are
without resource: for, conciliation failing, force remains; but, force failing,
no further hope of reconciliation is left. Power and authority are sometimes
bought by kindness; 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
endeavors to preserve it. The thing you fought for is not the thing which
in the wisdom of human contrivances melt and die away within me,—my
rigor 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,
gentlemen say, is a noble object,—it is an object well worth fighting for.
Certainly it is, if fighting a people 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 understand the military art will of
course have some predilection for it. Those who wield the thunder of the
state may have more confidence in the efficacy of arms. But I confess,
possibly for want of this knowledge, my opinion is much more in favor 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 spirited as this, in a profitable and subordinate connection 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. Terror is not always the effect of
force, and an armament is not a victory. If you do not succeed, you are
without resource: for, conciliation failing, force remains; but, force failing,
no further hope of reconciliation is left. Power and authority are sometimes
bought by kindness; 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
endeavors to preserve it. The thing you fought for is not the thing which
Page 106
you recover, 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
British strength that I consume. I do not choose to be caught by a foreign
enemy at the end of this exhausting conflict, and still less in the midst of it.
I may escape, but I can make no insurance against such an event. Let me
add, that I do not choose wholly to break the American spirit; because it is
the spirit that has made the country.
Lastly, we have no sort of experience in favor of force as an instrument in
the rule of our colonies. Their growth and their utility has been owing to
methods 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 gentlemen, for whose sentiments in other
particulars I have great respect, seem to be so greatly captivated. But there
is still behind a third consideration concerning this object, which serves to
determine my opinion on the sort of policy which ought to be pursued 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 freedom 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 stronger in the English
colonies, probably, than in any other people of the earth, and this from a
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
British strength that I consume. I do not choose to be caught by a foreign
enemy at the end of this exhausting conflict, and still less in the midst of it.
I may escape, but I can make no insurance against such an event. Let me
add, that I do not choose wholly to break the American spirit; because it is
the spirit that has made the country.
Lastly, we have no sort of experience in favor of force as an instrument in
the rule of our colonies. Their growth and their utility has been owing to
methods 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 gentlemen, for whose sentiments in other
particulars I have great respect, seem to be so greatly captivated. But there
is still behind a third consideration concerning this object, which serves to
determine my opinion on the sort of policy which ought to be pursued 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 freedom 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 stronger in the English
colonies, probably, than in any other people of the earth, and this from a
Page 107
great variety 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 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 your hands. They are therefore not only devoted to liberty,
but to liberty according to English ideas and on English 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 favorite
point, which by way of eminence 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 contests in the ancient commonwealths turned primarily on the
right of election of magistrates, or on the balance 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 of the 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 an 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 principle, that in all
monarchies the people must in effect themselves, mediately or immediately,
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 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 your hands. They are therefore not only devoted to liberty,
but to liberty according to English ideas and on English 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 favorite
point, which by way of eminence 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 contests in the ancient commonwealths turned primarily on the
right of election of magistrates, or on the balance 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 of the 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 an 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 principle, that in all
monarchies the people must in effect themselves, mediately or immediately,
Page 108
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 specific point of taxing. Liberty might be safe or might be
endangered in twenty other particulars 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 corollaries. The fact is, that they did thus
apply those general arguments; and your mode of governing them, whether
through lenity or indolence, through wisdom or mistake, confirmed them in
the imagination, that they, as well as you, had an interest in these common
principles.
They were further confirmed in this pleasing error by the form of their
provincial legislative assemblies. Their governments are popular in an high
degree: some are merely popular; in all, the popular representative is the
most weighty; and this share of the people in their ordinary government
never fails to inspire them with lofty sentiments, and with a strong aversion
from whatever tends to deprive them of their chief importance.
If anything were wanting to this necessary operation of the form of
government, religion would have given it a complete effect. Religion,
always a principle 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
favorable to liberty, but built upon it. I do not think, Sir, that the reason 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 Catholic religion is at least coeval
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 specific point of taxing. Liberty might be safe or might be
endangered in twenty other particulars 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 corollaries. The fact is, that they did thus
apply those general arguments; and your mode of governing them, whether
through lenity or indolence, through wisdom or mistake, confirmed them in
the imagination, that they, as well as you, had an interest in these common
principles.
They were further confirmed in this pleasing error by the form of their
provincial legislative assemblies. Their governments are popular in an high
degree: some are merely popular; in all, the popular representative is the
most weighty; and this share of the people in their ordinary government
never fails to inspire them with lofty sentiments, and with a strong aversion
from whatever tends to deprive them of their chief importance.
If anything were wanting to this necessary operation of the form of
government, religion would have given it a complete effect. Religion,
always a principle 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
favorable to liberty, but built upon it. I do not think, Sir, that the reason 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 Catholic religion is at least coeval
Page 109
with most of the governments where it prevails, that it has generally gone
hand in hand with them, and received great favor and every kind of support
from authority. The Church of England, too, was formed from her cradle
under the nursing care of regular government. But the dissenting 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 natural 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 dissidence of dissent, and
the protestantism of the Protestant religion. This religion, under a variety of
denominations agreeing in nothing but in the communion of the spirit of
liberty, is predominant in most of the northern provinces, where the Church
of England, notwithstanding 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 dissenters 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
England forms a large body, and has a regular establishment. 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
hand in hand with them, and received great favor and every kind of support
from authority. The Church of England, too, was formed from her cradle
under the nursing care of regular government. But the dissenting 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 natural 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 dissidence of dissent, and
the protestantism of the Protestant religion. This religion, under a variety of
denominations agreeing in nothing but in the communion of the spirit of
liberty, is predominant in most of the northern provinces, where the Church
of England, notwithstanding 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 dissenters 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
England forms a large body, and has a regular establishment. 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
Page 110
enjoyment, but a kind of rank and privilege. Not seeing there, that freedom,
as in countries 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
exterior of servitude, liberty looks, amongst them, like something that is
more noble and liberal. I do not mean, Sir, to commend the superior
morality of this 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 an higher and more
stubborn spirit, attached to liberty, than those to the northward. Such were
all the ancient commonwealths; such were our Gothic 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 towards 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 profession itself is numerous and powerful, and in
most provinces it takes the lead. The greater number of the deputies sent to
the Congress were lawyers. But all who read, and most do read, endeavor 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 government 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 clearly the
as in countries 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
exterior of servitude, liberty looks, amongst them, like something that is
more noble and liberal. I do not mean, Sir, to commend the superior
morality of this 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 an higher and more
stubborn spirit, attached to liberty, than those to the northward. Such were
all the ancient commonwealths; such were our Gothic 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 towards 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 profession itself is numerous and powerful, and in
most provinces it takes the lead. The greater number of the deputies sent to
the Congress were lawyers. But all who read, and most do read, endeavor 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 government 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 clearly the
Page 111
rights of legislature, their obligations to obedience, and the penalties of
rebellion. All this is mighty well. But my honorable and learned friend[22]
on the floor, who condescends to mark what I say for animadversion, will
disdain that ground. He has heard, as well as I, that, when great honors 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 of a less mercurial cast, judge of an ill principle in
government only by an actual 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 colonies is hardly less
powerful than the rest, as it is not merely moral, but laid deep in the natural
constitution of things. Three thousand miles of ocean lie between you and
them. No contrivance can prevent the effect of this distance in weakening
government. Seas roll, and months pass, between the order and the
execution; and the want of a speedy explanation of a single point is enough
to defeat an 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
farther." 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 circulation of power must be less vigorous at
the extremities. Nature has said it. The Turk cannot govern Egypt, and
Arabia, and Kurdistan, as he governs Thrace; nor has he the same dominion
rebellion. All this is mighty well. But my honorable and learned friend[22]
on the floor, who condescends to mark what I say for animadversion, will
disdain that ground. He has heard, as well as I, that, when great honors 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 of a less mercurial cast, judge of an ill principle in
government only by an actual 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 colonies is hardly less
powerful than the rest, as it is not merely moral, but laid deep in the natural
constitution of things. Three thousand miles of ocean lie between you and
them. No contrivance can prevent the effect of this distance in weakening
government. Seas roll, and months pass, between the order and the
execution; and the want of a speedy explanation of a single point is enough
to defeat an 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
farther." 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 circulation of power must be less vigorous at
the extremities. Nature has said it. The Turk cannot govern Egypt, and
Arabia, and Kurdistan, as he governs Thrace; nor has he the same dominion
Page 112
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 governs with a loose rein, that he may govern at all; and the whole of
the force and vigor 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 complies, 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 descent, 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 grown
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
reconcilable 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. Perhaps a more smooth and accommodating spirit
of freedom in them would be more acceptable to us. Perhaps ideas of liberty
might be desired more reconcilable 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 their guardians
during a perpetual minority) than 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 do with it? You have before you the object, such
as it is,—with all its glories, with all its imperfections on 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
is obliged to truck and huckster. The Sultan gets such obedience as he can.
He governs with a loose rein, that he may govern at all; and the whole of
the force and vigor 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 complies, 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 descent, 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 grown
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
reconcilable 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. Perhaps a more smooth and accommodating spirit
of freedom in them would be more acceptable to us. Perhaps ideas of liberty
might be desired more reconcilable 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 their guardians
during a perpetual minority) than 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 do with it? You have before you the object, such
as it is,—with all its glories, with all its imperfections on 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
Page 113
concerning it. We are called upon to fix some rule and line for our future
conduct, which may give a little stability to our politics, and prevent the
return of such unhappy deliberations as the present. Every such return will
bring the matter before us in a still more untractable form. For what
astonishing and incredible things have we not seen already! What monsters
have not been generated from this unnatural contention! Whilst every
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 never dreamt they could of themselves supply it, knowing in general
what an operose business it is to establish a government absolutely new. But
having, for our purposes in this contention, resolved that none but an
obedient assembly should sit, the humors of the people there, finding all
passage through the legal channel stopped, with great violence broke out
another way. Some provinces have tried their experiment, 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 necessity and tacit consent have done the
business in an instant. So well they have done it, that Lord Dunmore (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 its most fortunate periods. Obedience is what makes government, and not
the names by which it is called: not the name of Governor, 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
media of a positive constitution. It was not a manufacture ready formed,
conduct, which may give a little stability to our politics, and prevent the
return of such unhappy deliberations as the present. Every such return will
bring the matter before us in a still more untractable form. For what
astonishing and incredible things have we not seen already! What monsters
have not been generated from this unnatural contention! Whilst every
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 never dreamt they could of themselves supply it, knowing in general
what an operose business it is to establish a government absolutely new. But
having, for our purposes in this contention, resolved that none but an
obedient assembly should sit, the humors of the people there, finding all
passage through the legal channel stopped, with great violence broke out
another way. Some provinces have tried their experiment, 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 necessity and tacit consent have done the
business in an instant. So well they have done it, that Lord Dunmore (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 its most fortunate periods. Obedience is what makes government, and not
the names by which it is called: not the name of Governor, 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
media of a positive constitution. It was not a manufacture ready formed,
Page 114
and transmitted to them in that condition from England. The evil arising
from hence is this: that the colonists having once found the possibility 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 Massachusetts. 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 province has now
subsisted, and subsisted in a considerable degree of health and vigor, for
near a twelvemonth, without governor, without public 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 public 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 to their liberties, we are every day
endeavoring to subvert the maxims which preserve the whole spirit of our
own. To prove that the Americans ought not to be free, we are obliged to
depreciate the value of freedom itself; and we never seem to gain a paltry
advantage over them in debate, without attacking some of those principles,
from hence is this: that the colonists having once found the possibility 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 Massachusetts. 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 province has now
subsisted, and subsisted in a considerable degree of health and vigor, for
near a twelvemonth, without governor, without public 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 public 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 to their liberties, we are every day
endeavoring to subvert the maxims which preserve the whole spirit of our
own. To prove that the Americans ought not to be free, we are obliged to
depreciate the value of freedom itself; and we never seem to gain a paltry
advantage over them in debate, without attacking some of those principles,
Page 115
or deriding some of those feelings, for which our ancestors 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 on a
sudden 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
government. These are,—to change that spirit, as inconvenient, 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 of
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 dwell a great while upon it. It is nothing but a little sally of anger, like the
frowardness of peevish 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 inconvenient, by
removing the causes—I think is the most like a systematic proceeding. It is
radical in its principle; but it is attended with great difficulties: some of
them little short, as I conceive, of impossibilities. This will appear by
examining into the plans which have been proposed.
As the growing population of the colonies is evidently 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 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
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 on a
sudden 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
government. These are,—to change that spirit, as inconvenient, 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 of
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 dwell a great while upon it. It is nothing but a little sally of anger, like the
frowardness of peevish 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 inconvenient, by
removing the causes—I think is the most like a systematic proceeding. It is
radical in its principle; but it is attended with great difficulties: some of
them little short, as I conceive, of impossibilities. This will appear by
examining into the plans which have been proposed.
As the growing population of the colonies is evidently 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 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
Page 116
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 wilderness, would be to raise the value of the
possessions in the hands of the great private monopolists, without any
adequate check to the growing and alarming mischief 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 places. 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 remove 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 Appalachian 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 restraint; 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
governors and your counsellors, 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 forbid as a crime, and to suppress as an evil, the
command and blessing of Providence, "Increase and multiply." Such would
be the happy result of an endeavor 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
have invited our people, by every kind of bounty, to fixed establishments.
We have invited the husbandman to look to authority for his title. We have
taught him piously to believe in the mysterious virtue 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
its soil. If this be the case, then the only effect of this avarice of desolation,
this hoarding of a royal wilderness, would be to raise the value of the
possessions in the hands of the great private monopolists, without any
adequate check to the growing and alarming mischief 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 places. 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 remove 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 Appalachian 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 restraint; 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
governors and your counsellors, 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 forbid as a crime, and to suppress as an evil, the
command and blessing of Providence, "Increase and multiply." Such would
be the happy result of an endeavor 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
have invited our people, by every kind of bounty, to fixed establishments.
We have invited the husbandman to look to authority for his title. We have
taught him piously to believe in the mysterious virtue 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
Page 117
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
prudent nor practicable.
To impoverish the colonies in general, and in particular 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 restraint 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 mischief 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 and 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
proposes to beggar 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 in the fortune of all states, when they who are too
weak to contribute to your prosperity may be strong enough to complete
your ruin. Spoliatis arma supersunt.
The temper and character which prevail in our colonies are, I am afraid,
unalterable by any human 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
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
prudent nor practicable.
To impoverish the colonies in general, and in particular 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 restraint 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 mischief 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 and 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
proposes to beggar 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 in the fortune of all states, when they who are too
weak to contribute to your prosperity may be strong enough to complete
your ruin. Spoliatis arma supersunt.
The temper and character which prevail in our colonies are, I am afraid,
unalterable by any human 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
Page 118
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 Catholic 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.
With regard to the high aristocratic spirit of Virginia and the southern
colonies, it has been proposed, I know, to reduce it by declaring a general
enfranchisement of their slaves. This project has had its advocates and
panegyrists; yet I never could argue myself into any opinion of it. Slaves are
often much attached to their masters. A general wild offer of liberty would
not always be accepted. History furnishes few instances of it. It is
sometimes as hard to persuade slaves to be free as it is to compel freemen to
be slaves; and in this auspicious scheme we should have both these pleasing
tasks on our hands at once. But when we talk of enfranchisement, 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 success, in a desperate situation
of their affairs.
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 Catholic 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.
With regard to the high aristocratic spirit of Virginia and the southern
colonies, it has been proposed, I know, to reduce it by declaring a general
enfranchisement of their slaves. This project has had its advocates and
panegyrists; yet I never could argue myself into any opinion of it. Slaves are
often much attached to their masters. A general wild offer of liberty would
not always be accepted. History furnishes few instances of it. It is
sometimes as hard to persuade slaves to be free as it is to compel freemen to
be slaves; and in this auspicious scheme we should have both these pleasing
tasks on our hands at once. But when we talk of enfranchisement, 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 success, in a desperate situation
of their affairs.
Page 119
Slaves as these unfortunate black people are, and dull as all men are from
slavery, must they not 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 inhuman traffic? 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 attempting 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 distance 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 the
serious wishes of very grave and solemn 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 produce prejudices irreconcilable to the late exercise of our authority,
but that the spirit infallibly will continue, and, continuing, will produce
such effects as now embarrass us,—the second mode under consideration is,
to prosecute that spirit in its overt acts, as criminal.
At this proposition I must pause a moment. The thing seems a great deal
too big for my ideas of jurisprudence. It should seem, to my way of
conceiving such matters, that there is a very wide difference, in reason and
slavery, must they not 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 inhuman traffic? 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 attempting 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 distance 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 the
serious wishes of very grave and solemn 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 produce prejudices irreconcilable to the late exercise of our authority,
but that the spirit infallibly will continue, and, continuing, will produce
such effects as now embarrass us,—the second mode under consideration is,
to prosecute that spirit in its overt acts, as criminal.
At this proposition I must pause a moment. The thing seems a great deal
too big for my ideas of jurisprudence. It should seem, to my way of
conceiving such matters, that there is a very wide difference, in reason and
Page 120
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 dissensions which may, from time to time, on great
questions, agitate the several communities which compose a great empire. It
looks to me to be narrow and pedantic to apply the ordinary ideas of
criminal justice to this great public contest. I do not know the method of
drawing up an indictment against an whole people. I cannot insult and
ridicule the feelings of millions of my fellow-creatures as Sir Edward Coke
insulted one excellent individual (Sir Walter Raleigh) at the bar. I am not
ripe to pass sentence on the gravest public bodies, intrusted with
magistracies 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 decent, for minds
tinctured with humanity not mild and merciful.
Perhaps, Sir, I am mistaken in my idea of an empire, as distinguished
from a single state or kingdom. But my idea of it is this: that an empire is
the aggregate of many states under one common head, whether this head be
a monarch or a presiding republic. It does, in such constitutions, frequently
happen (and nothing but the dismal, cold, dead uniformity of servitude 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) from 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 superior power: for to talk of the privileges
of a state or of a person who has no superior 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
anything more completely imprudent than for the head of the empire to
scattered individuals, or even of bands of men, who disturb order within the
state, and the civil dissensions which may, from time to time, on great
questions, agitate the several communities which compose a great empire. It
looks to me to be narrow and pedantic to apply the ordinary ideas of
criminal justice to this great public contest. I do not know the method of
drawing up an indictment against an whole people. I cannot insult and
ridicule the feelings of millions of my fellow-creatures as Sir Edward Coke
insulted one excellent individual (Sir Walter Raleigh) at the bar. I am not
ripe to pass sentence on the gravest public bodies, intrusted with
magistracies 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 decent, for minds
tinctured with humanity not mild and merciful.
Perhaps, Sir, I am mistaken in my idea of an empire, as distinguished
from a single state or kingdom. But my idea of it is this: that an empire is
the aggregate of many states under one common head, whether this head be
a monarch or a presiding republic. It does, in such constitutions, frequently
happen (and nothing but the dismal, cold, dead uniformity of servitude 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) from 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 superior power: for to talk of the privileges
of a state or of a person who has no superior 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
anything more completely imprudent than for the head of the empire to
Page 121
insist, that if any privilege is pleaded against his will or his acts, that his
whole authority is denied,—instantly to proclaim rebellion, to beat to arms,
and to put the offending provinces under the ban. Will not this, Sir, very
soon teach the provinces to make no distinctions on their part? Will it not
teach them that the government 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 confidence, 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
mankind has at least as often decided against the superior as the subordinate
power. Sir, let me add, too, that the opinion of my having some abstract
right in my favor would not put me much at my ease in passing 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 a point of right and a culprit before me,
while I sit as criminal judge on acts of his whose moral quality is to be
decided upon the merits of that very litigation. Men are every now and then
put, by the complexity of 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)
whole authority is denied,—instantly to proclaim rebellion, to beat to arms,
and to put the offending provinces under the ban. Will not this, Sir, very
soon teach the provinces to make no distinctions on their part? Will it not
teach them that the government 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 confidence, 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
mankind has at least as often decided against the superior as the subordinate
power. Sir, let me add, too, that the opinion of my having some abstract
right in my favor would not put me much at my ease in passing 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 a point of right and a culprit before me,
while I sit as criminal judge on acts of his whose moral quality is to be
decided upon the merits of that very litigation. Men are every now and then
put, by the complexity of 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)
Page 122
altogether expedient,—which is nothing less than the conduct of those very
persons who have seemed to adopt that mode, by lately declaring a
rebellion in Massachusetts 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, it is not proceeded against as such; nor have
any steps been taken towards the apprehension or conviction of any
individual offender, either on our late or our former address; but modes of
public coercion have been adopted, and such as have much more
resemblance to a sort of qualified hostility towards an independent power
than the punishment of rebellious subjects. All this seems rather
inconsistent; but it shows how difficult it is to apply these juridical ideas to
our present case.
In this situation, let us seriously and coolly ponder. What is it we have
got by all our menaces, which have been many and ferocious? What
advantage 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 disorder abated? Nothing less.—When
I see things in this situation, after such confident hopes, bold promises, and
active exertions, I cannot, for my life, avoid a suspicion that the plan itself
is not correctly 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 process be inapplicable, or, if applicable, are in the highest degree
inexpedient, what way yet remains? No way is open, but the third and last,
—to comply with the American spirit as necessary, or, if you please, to
submit, to it as a necessary evil.
persons who have seemed to adopt that mode, by lately declaring a
rebellion in Massachusetts 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, it is not proceeded against as such; nor have
any steps been taken towards the apprehension or conviction of any
individual offender, either on our late or our former address; but modes of
public coercion have been adopted, and such as have much more
resemblance to a sort of qualified hostility towards an independent power
than the punishment of rebellious subjects. All this seems rather
inconsistent; but it shows how difficult it is to apply these juridical ideas to
our present case.
In this situation, let us seriously and coolly ponder. What is it we have
got by all our menaces, which have been many and ferocious? What
advantage 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 disorder abated? Nothing less.—When
I see things in this situation, after such confident hopes, bold promises, and
active exertions, I cannot, for my life, avoid a suspicion that the plan itself
is not correctly 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 process be inapplicable, or, if applicable, are in the highest degree
inexpedient, what way yet remains? No way is open, but the third and last,
—to comply with the American spirit as necessary, or, if you please, to
submit, to it as a necessary evil.
Page 123
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 complain that
they have not the characteristic mark and seal of British freedom. They
complain that they are taxed in a Parliament in which they are not
represented. 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 of a kind totally different. Such an act may be a wise regulation, but it is
no concession; whereas our present theme is the mode of giving
satisfaction.
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 indeed wonder, nor will you, Sir, that
gentlemen of profound learning are fond of displaying it on this profound
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 reserved out of the general trust of
government, and how far all mankind, in all forms of polity, are entitled to
an exercise of that right by the charter of Nature,—or whether, on the
contrary, a right of taxation is necessarily involved in the general principle
of legislation, and inseparable from the ordinary supreme 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, and there is
no sure footing in the middle. This point is the great Serbonian bog, betwixt
Damiata and Mount Casius old, where armies whole have sunk. I do not
intend to be overwhelmed in that bog, though in such respectable company.
The question with me is, not whether you have a right to render your people
what nature the concession ought to be. To ascertain the nature of our
concession, we must look at their complaint. The colonies complain that
they have not the characteristic mark and seal of British freedom. They
complain that they are taxed in a Parliament in which they are not
represented. 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 of a kind totally different. Such an act may be a wise regulation, but it is
no concession; whereas our present theme is the mode of giving
satisfaction.
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 indeed wonder, nor will you, Sir, that
gentlemen of profound learning are fond of displaying it on this profound
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 reserved out of the general trust of
government, and how far all mankind, in all forms of polity, are entitled to
an exercise of that right by the charter of Nature,—or whether, on the
contrary, a right of taxation is necessarily involved in the general principle
of legislation, and inseparable from the ordinary supreme 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, and there is
no sure footing in the middle. This point is the great Serbonian bog, betwixt
Damiata and Mount Casius old, where armies whole have sunk. I do not
intend to be overwhelmed in that bog, though in such respectable company.
The question with me is, not whether you have a right to render your people
Page 124
miserable, but whether it is not your interest to make them happy. It is not
what a lawyer tells me I may do, but what humanity, reason, and justice tell
me I ought to do. Is a politic act the worse for being a generous 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 steadfastly my opinion of the absolute necessity of keeping up
the concord of this empire by a unity of spirit, though in a diversity 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 citizens, that they had made a vow to renounce all
ideas of liberty for them and their posterity to all generations, yet I should
hold myself obliged to conform to the temper I found universally prevalent
in my own day, and to govern two million of men, impatient of servitude,
on the principles of freedom. I am not determining a point of law; I am
restoring tranquillity: and the general character and situation of a people
must determine what sort of government is fitted for them. That point
nothing else can or ought to determine.
My idea, therefore, without considering whether we yield as matter of
right or grant as matter of favor, 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 as strong an assurance as the nature of
the thing will admit that we mean forever to adhere to that solemn
declaration of systematic indulgence.
what a lawyer tells me I may do, but what humanity, reason, and justice tell
me I ought to do. Is a politic act the worse for being a generous 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 steadfastly my opinion of the absolute necessity of keeping up
the concord of this empire by a unity of spirit, though in a diversity 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 citizens, that they had made a vow to renounce all
ideas of liberty for them and their posterity to all generations, yet I should
hold myself obliged to conform to the temper I found universally prevalent
in my own day, and to govern two million of men, impatient of servitude,
on the principles of freedom. I am not determining a point of law; I am
restoring tranquillity: and the general character and situation of a people
must determine what sort of government is fitted for them. That point
nothing else can or ought to determine.
My idea, therefore, without considering whether we yield as matter of
right or grant as matter of favor, 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 as strong an assurance as the nature of
the thing will admit that we mean forever to adhere to that solemn
declaration of systematic indulgence.
Page 125
Some years ago, the repeal of a 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 colonies than for the
dignity and consistency of our own future proceedings.
I have taken a very incorrect measure of the disposition of the House, if
this proposal in itself would be received with dislike. I think, Sir, we have
few American 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[23] of
real moderation, and of a natural temper well adjusted to fair and equal
government. I am, however, Sir, not a little surprised at this kind of
discourse, whenever I hear it; and I am the more surprised on account of the
arguments 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[24] in the
blue riband shall tell you that the restraints on trade are futile and useless, of
no advantage to us, and of no burden to those on whom they are imposed,—
that the trade to America is not secured by the Acts of Navigation, but by
the natural and irresistible advantage of a commercial preference.
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 colonies than for the
dignity and consistency of our own future proceedings.
I have taken a very incorrect measure of the disposition of the House, if
this proposal in itself would be received with dislike. I think, Sir, we have
few American 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[23] of
real moderation, and of a natural temper well adjusted to fair and equal
government. I am, however, Sir, not a little surprised at this kind of
discourse, whenever I hear it; and I am the more surprised on account of the
arguments 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[24] in the
blue riband shall tell you that the restraints on trade are futile and useless, of
no advantage to us, and of no burden to those on whom they are imposed,—
that the trade to America is not secured by the Acts of Navigation, but by
the natural and irresistible advantage of a commercial preference.
Page 126
Such is the merit of the trade laws in this posture of the debate. But when
strong internal circumstances 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 rather press
themselves, so as to drive the advocates of colony taxes to a clear admission
of the futility of the 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 counter-guard 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 of the greatest. They do confine, and they do
greatly narrow, the market 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 public and avowed origin of this
quarrel was on taxation. This quarrel has, indeed, brought on new disputes
on 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.
strong internal circumstances 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 rather press
themselves, so as to drive the advocates of colony taxes to a clear admission
of the futility of the 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 counter-guard 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 of the greatest. They do confine, and they do
greatly narrow, the market 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 public and avowed origin of this
quarrel was on taxation. This quarrel has, indeed, brought on new disputes
on 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.
Page 127
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 necessary to put the taxes
out of the question by a repeal. 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, with decency, to
assert that the dispute is not upon what it is avowed to be. And I would, 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 it is preposterous, 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 panic fears which we
entertain of the hostile effect of a conciliatory conduct? Is it true that no
case can exist in which it is proper for the sovereign to accede to the desires
of his discontented subjects? Is there anything 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 dissatisfaction 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 defiance of fact and experience, they did not, Sir,
discourage me from entertaining the idea of a conciliatory concession,
founded on the principles which I have just stated.
In forming a plan for this purpose, I endeavored 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 error.
I set out with a perfect distrust of my own abilities, a total renunciation of
every speculation of my own, and with a profound reverence for the
laws be the real cause of quarrel, it is absolutely necessary to put the taxes
out of the question by a repeal. 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, with decency, to
assert that the dispute is not upon what it is avowed to be. And I would, 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 it is preposterous, 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 panic fears which we
entertain of the hostile effect of a conciliatory conduct? Is it true that no
case can exist in which it is proper for the sovereign to accede to the desires
of his discontented subjects? Is there anything 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 dissatisfaction 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 defiance of fact and experience, they did not, Sir,
discourage me from entertaining the idea of a conciliatory concession,
founded on the principles which I have just stated.
In forming a plan for this purpose, I endeavored 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 error.
I set out with a perfect distrust of my own abilities, a total renunciation of
every speculation of my own, and with a profound reverence for the
Page 128
wisdom of our ancestors, who have left us the inheritance of so happy a
Constitution and so flourishing an empire, and, what is a thousand times
more valuable, the treasury of the maxims and principles which formed the
one and obtained the other.
During the reigns of the kings of Spain of the Austrian 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; and 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 genius 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
despotic 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
communicated to Ireland; and we are equally sure that almost every
successive improvement in constitutional liberty, as fast as it was made
here, was transmitted thither. The feudal baronage, and the feudal
knighthood, the roots of our primitive Constitution, were early transplanted
into that soil, and grew and flourished there. Magna Charta, if it did not
give us originally the House of Commons, gave us at least an House of
Commons of weight and consequence. But your ancestors did not churlishly
sit down alone to the feast of Magna Charta. Ireland was made immediately
a partaker. This benefit of English laws and liberties, I confess, was not at
first extended to all Ireland. Mark the consequence. English authority and
Constitution and so flourishing an empire, and, what is a thousand times
more valuable, the treasury of the maxims and principles which formed the
one and obtained the other.
During the reigns of the kings of Spain of the Austrian 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; and 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 genius 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
despotic 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
communicated to Ireland; and we are equally sure that almost every
successive improvement in constitutional liberty, as fast as it was made
here, was transmitted thither. The feudal baronage, and the feudal
knighthood, the roots of our primitive Constitution, were early transplanted
into that soil, and grew and flourished there. Magna Charta, if it did not
give us originally the House of Commons, gave us at least an House of
Commons of weight and consequence. But your ancestors did not churlishly
sit down alone to the feast of Magna Charta. Ireland was made immediately
a partaker. This benefit of English laws and liberties, I confess, was not at
first extended to all Ireland. Mark the consequence. English authority and
Page 129
English liberty had exactly the same boundaries. Your standard could never
be advanced an inch before your privileges. Sir John Davies 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 civility and allegiance, but your laws and your forms of
legislature. 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 people,
you altered the religion, but you never touched the form or the vital
substance of free government 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 restoration of monarchy, and
established, I trust, forever by the glorious Revolution. This has made
Ireland the great and flourishing kingdom that it is, and, from a disgrace and
a burden intolerable to this nation, 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 of great revolutions, even if all were done that is said to have
been done, form no example. If they have any effect in argument, they
make an exception to prove the rule. None of your own liberties could stand
a moment, if the casual deviations from them, at such times, were suffered
to be used as proofs of their nullity. By the lucrative amount of such casual
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 public wealth in the British empire.
be advanced an inch before your privileges. Sir John Davies 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 civility and allegiance, but your laws and your forms of
legislature. 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 people,
you altered the religion, but you never touched the form or the vital
substance of free government 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 restoration of monarchy, and
established, I trust, forever by the glorious Revolution. This has made
Ireland the great and flourishing kingdom that it is, and, from a disgrace and
a burden intolerable to this nation, 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 of great revolutions, even if all were done that is said to have
been done, form no example. If they have any effect in argument, they
make an exception to prove the rule. None of your own liberties could stand
a moment, if the casual deviations from them, at such times, were suffered
to be used as proofs of their nullity. By the lucrative amount of such casual
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 public wealth in the British empire.
Page 130
My next example is Wales. This country was said to be 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, whatever 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, heterogeneous monster, something between hostility and
government: perhaps it has a sort of resemblance, 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 manners of the Welsh nation followed
the genius of the government: the people were ferocious, restive, savage,
and uncultivated; sometimes composed, never pacified. 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
prohibited by statute the sending all sorts of arms into Wales, as you
prohibit by proclamation (with something 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 hardship) with
regard to America. By another act, where one of the parties was an
Englishman, they ordained that his trial should be always by English. They
made acts to 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.
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, whatever 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, heterogeneous monster, something between hostility and
government: perhaps it has a sort of resemblance, 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 manners of the Welsh nation followed
the genius of the government: the people were ferocious, restive, savage,
and uncultivated; sometimes composed, never pacified. 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
prohibited by statute the sending all sorts of arms into Wales, as you
prohibit by proclamation (with something 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 hardship) with
regard to America. By another act, where one of the parties was an
Englishman, they ordained that his trial should be always by English. They
made acts to 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.
Page 131
Here we rub our hands,—A fine body of precedents for the authority of
Parliament and the use of it!—I admit it fully; and pray add likewise to
these precedents, that all the while Wales rid this kingdom like an incubus;
that it was an unprofitable and oppressive burden; and that an Englishman
travelling in that country could not go six yards from the highroad 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 husbandry of injustice. They found that the
tyranny of a free people could of all tyrannies the least be endured, and that
laws made against an whole nation were not the most effectual methods for
securing its obedience. Accordingly, in the twenty-seventh year of Henry
the Eighth 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,—seemed 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 boroughs
was bestowed upon Wales by act of Parliament. From that moment, as by a
charm, the tumults 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
Stella refulsit,
Parliament and the use of it!—I admit it fully; and pray add likewise to
these precedents, that all the while Wales rid this kingdom like an incubus;
that it was an unprofitable and oppressive burden; and that an Englishman
travelling in that country could not go six yards from the highroad 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 husbandry of injustice. They found that the
tyranny of a free people could of all tyrannies the least be endured, and that
laws made against an whole nation were not the most effectual methods for
securing its obedience. Accordingly, in the twenty-seventh year of Henry
the Eighth 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,—seemed 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 boroughs
was bestowed upon Wales by act of Parliament. From that moment, as by a
charm, the tumults 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
Stella refulsit,
Page 132
Defluit saxis agitatus humor,
Concidunt venti, fugiuntque nubes,
Et minax (quod sic voluere) ponto
Unda recumbit.
The very same year the County Palatine of Chester received the same
relief from its oppressions, and the same remedy to its disorders. Before this
time Chester was little less distempered than Wales. The inhabitants,
without rights themselves, were the fittest to destroy the rights of others;
and from thence Richard the Second 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 lord, in most humble wise shown unto your
most excellent Majesty, the inhabitants of your Grace's County Palatine of
Chester: That where the said County Palatine of Chester is and hath been
alway 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 sustained
manifold disherisons, losses, and damages, as well in their lands, goods,
and bodies, as in the good, civil, and politic governance and maintenance of
the common wealth of their said country: And forasmuch as the said
inhabitants have always hitherto been bound by the acts and statutes made
and ordained 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 within your
said court of Parliament, and yet have had neither knight no 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 derogatory unto the most ancient jurisdictions, liberties,
and privileges of your said County Palatine, as prejudicial unto the common
Concidunt venti, fugiuntque nubes,
Et minax (quod sic voluere) ponto
Unda recumbit.
The very same year the County Palatine of Chester received the same
relief from its oppressions, and the same remedy to its disorders. Before this
time Chester was little less distempered than Wales. The inhabitants,
without rights themselves, were the fittest to destroy the rights of others;
and from thence Richard the Second 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 lord, in most humble wise shown unto your
most excellent Majesty, the inhabitants of your Grace's County Palatine of
Chester: That where the said County Palatine of Chester is and hath been
alway 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 sustained
manifold disherisons, losses, and damages, as well in their lands, goods,
and bodies, as in the good, civil, and politic governance and maintenance of
the common wealth of their said country: And forasmuch as the said
inhabitants have always hitherto been bound by the acts and statutes made
and ordained 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 within your
said court of Parliament, and yet have had neither knight no 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 derogatory unto the most ancient jurisdictions, liberties,
and privileges of your said County Palatine, as prejudicial unto the common
Page 133
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 government? 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 the 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 sanctuary 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 the Second with regard to the County Palatine of Durham,
which is my fourth example. This county had long lain out of the pale of
free legislation. So scrupulously was the example of Chester followed, that
the style of the preamble is nearly the came with that of the Chester act;
and, without affecting the abstract extent of the authority of Parliament, it
recognizes the equity of not 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 anything, what can
be said against applying them with regard to America? Are not the people of
America as much Englishmen as the Welsh? The preamble of the act of
Henry the Eighth says, the Welsh speak a language no way resembling that
of his Majesty's English subjects. Are the Americana not as numerous? If
inhabiting within the same."
What did Parliament with this audacious address?—Reject it as a libel?
Treat it as an affront to government? 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 the 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 sanctuary 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 the Second with regard to the County Palatine of Durham,
which is my fourth example. This county had long lain out of the pale of
free legislation. So scrupulously was the example of Chester followed, that
the style of the preamble is nearly the came with that of the Chester act;
and, without affecting the abstract extent of the authority of Parliament, it
recognizes the equity of not 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 anything, what can
be said against applying them with regard to America? Are not the people of
America as much Englishmen as the Welsh? The preamble of the act of
Henry the Eighth says, the Welsh speak a language no way resembling that
of his Majesty's English subjects. Are the Americana not as numerous? If
Page 134
we may trust the learned and accurate Judge Barrington's account of North
Wales, and take that as a standard to measure the rest, there is no
comparison. The people cannot amount 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 attempted to govern America by penal statutes?
You made fifteen for Wales. But your legislative authority is perfect with
regard to America: was it less perfect in Wales, Chester, and Durham? But
America is virtually represented. What! does the electric force of virtual
representation more easily pass over the Atlantic than pervade Wales, which
lies in your neighborhood? 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 inhabitants 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 representation 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
representation; 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 public
benevolence 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 we cannot give the benefit as we would wish, let us not refuse it
altogether. If we cannot give the principal, let us find a substitute. But how?
where? what substitute?
Wales, and take that as a standard to measure the rest, there is no
comparison. The people cannot amount 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 attempted to govern America by penal statutes?
You made fifteen for Wales. But your legislative authority is perfect with
regard to America: was it less perfect in Wales, Chester, and Durham? But
America is virtually represented. What! does the electric force of virtual
representation more easily pass over the Atlantic than pervade Wales, which
lies in your neighborhood? 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 inhabitants 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 representation 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
representation; 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 public
benevolence 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 we cannot give the benefit as we would wish, let us not refuse it
altogether. If we cannot give the principal, let us find a substitute. But how?
where? what substitute?
Page 135
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 of the fertile framers of imaginary commonwealths: not to the
Republic 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 recognize, for the theory, the ancient constitutional
policy of this kingdom with regard to representation, as that policy has been
declared in acts of Parliament,—and as to the practice, to return to that
mode which an uniform experience has marked out to you as best, and in
which you walked with security, advantage, and honor, until the year 1763.
My resolutions, therefore, mean to establish the equity and justice of a
taxation of America by grant, and not by imposition; to mark the legal
competency of the colony assemblies for the support of their government in
peace, and for public aids in time of 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 propositions. 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, I 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 tolerable future
management, a lasting obedience in America. I am not arrogant in this
confident assurance. The propositions are all mere matters of fact; and if
to tax my own unproductive invention. I am not even obliged to go to the
rich treasury of the fertile framers of imaginary commonwealths: not to the
Republic 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 recognize, for the theory, the ancient constitutional
policy of this kingdom with regard to representation, as that policy has been
declared in acts of Parliament,—and as to the practice, to return to that
mode which an uniform experience has marked out to you as best, and in
which you walked with security, advantage, and honor, until the year 1763.
My resolutions, therefore, mean to establish the equity and justice of a
taxation of America by grant, and not by imposition; to mark the legal
competency of the colony assemblies for the support of their government in
peace, and for public aids in time of 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 propositions. 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, I 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 tolerable future
management, a lasting obedience in America. I am not arrogant in this
confident assurance. The propositions are all mere matters of fact; and if
Page 136
they are such 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, consisting of fourteen separate governments, and
containing 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 represent 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 language 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 made liable to, and bounden by, several subsidies, payments,
rates, and taxes, given and granted by Parliament, though the said colonies
and plantations have not their knights and burgesses in the said high court
of Parliament, of their own election, to represent the condition of their
country; 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 supreme legislature? Does it lean too much to the
claims of the people? If it runs into any of these errors, the fault is not mine.
It is the language of your own ancient acts of Parliament.
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, consisting of fourteen separate governments, and
containing 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 represent 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 language 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 made liable to, and bounden by, several subsidies, payments,
rates, and taxes, given and granted by Parliament, though the said colonies
and plantations have not their knights and burgesses in the said high court
of Parliament, of their own election, to represent the condition of their
country; 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 supreme legislature? Does it lean too much to the
claims of the people? If it runs into any of these errors, the fault is not mine.
It is the language of your own ancient acts of Parliament.
Page 137
Non meus hic sermo, sed quæ præcepit Ofellus
Rusticus, abnormis sapiens.
It is the genuine produce of the ancient, rustic, manly, home-bred sense of
this country. I did not dare to rub off a particle of the venerable rust that
rather adorns and preserves than destroys the 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 constitutional materials. Above all things, I was
resolved not to be guilty of tampering,—the odious vice of restless 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, I am sure is safe.
There are, indeed, words expressive of grievance in this second
resolution, which those who are resolved 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 but 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 property 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 favors, operate as grievances. But were the
Rusticus, abnormis sapiens.
It is the genuine produce of the ancient, rustic, manly, home-bred sense of
this country. I did not dare to rub off a particle of the venerable rust that
rather adorns and preserves than destroys the 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 constitutional materials. Above all things, I was
resolved not to be guilty of tampering,—the odious vice of restless 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, I am sure is safe.
There are, indeed, words expressive of grievance in this second
resolution, which those who are resolved 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 but 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 property 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 favors, operate as grievances. But were the
Page 138
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
regulating duties of the sixth of George the Second? Else why were the
duties first reduced to one third in 1764, and afterwards 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 subsidies really touched and grieved them? Else why all
these changes, modifications, repeals, assurances, and resolutions?
The next proposition is,—"That, from the distance of the said colonies,
and from other circumstances, no method hath hitherto been devised for
procuring a representation in Parliament for the said colonies."
This is an assertion of a fact. I go no further on the paper; though, in my
private judgment, an useful representation 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 the 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 usages of such colonies, duties and taxes towards defraying all
sorts of public services."
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
regulating duties of the sixth of George the Second? Else why were the
duties first reduced to one third in 1764, and afterwards 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 subsidies really touched and grieved them? Else why all
these changes, modifications, repeals, assurances, and resolutions?
The next proposition is,—"That, from the distance of the said colonies,
and from other circumstances, no method hath hitherto been devised for
procuring a representation in Parliament for the said colonies."
This is an assertion of a fact. I go no further on the paper; though, in my
private judgment, an useful representation 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 the 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 usages of such colonies, duties and taxes towards defraying all
sorts of public services."
Page 139
This competence in the colony assemblies is certain. It is proved by the
whole tenor of their acts of 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 public offices
without dispute. Those who have been pleased paradoxically to deny this
right, holding that none but the British Parliament 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 tenor, every session. Sir, I am surprised that this
doctrine should come from Rome 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 biennially in Ireland, or annually in the colonies, are in an 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 Attorneys and all Solicitors General! However, 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 public 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 cheerfulness 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 public contributions in the year 1710, I shall begin to
travel only where the journals give me light,—resolving to deal in nothing
whole tenor of their acts of 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 public offices
without dispute. Those who have been pleased paradoxically to deny this
right, holding that none but the British Parliament 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 tenor, every session. Sir, I am surprised that this
doctrine should come from Rome 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 biennially in Ireland, or annually in the colonies, are in an 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 Attorneys and all Solicitors General! However, 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 public 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 cheerfulness 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 public contributions in the year 1710, I shall begin to
travel only where the journals give me light,—resolving to deal in nothing
Page 140
but fact authenticated by Parliamentary record, and to build myself wholly
on that solid basis.
On the 4th of April, 1748,[25] a committee of this House came to the
following resolution:—
"Resolved, That it is the opinion of this committee, that it is just and
reasonable, that the several provinces and colonies of Massachusetts Bay,
New Hampshire, Connecticut, and Rhode Island be reimbursed the
expenses they have been at in taking and securing to the crown of Great
Britain the island of Caps Breton and its dependencies."
These expenses were immense for such colonies. They were above
200,000l. sterling: money first raised and advanced on their public credit.
On the 28th of January, 1756,[26] a message from the king came to us, to
this effect:—"His Majesty, being sensible of the zeal and vigor 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 proper reward
and encouragement."
On the 3d of February, 1756,[27] the House came to a suitable resolution,
expressed in words nearly the same as those of the message; but with the
further addition, that the money then voted was as an encouragement to the
colonies to exert themselves with vigor. 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:—
on that solid basis.
On the 4th of April, 1748,[25] a committee of this House came to the
following resolution:—
"Resolved, That it is the opinion of this committee, that it is just and
reasonable, that the several provinces and colonies of Massachusetts Bay,
New Hampshire, Connecticut, and Rhode Island be reimbursed the
expenses they have been at in taking and securing to the crown of Great
Britain the island of Caps Breton and its dependencies."
These expenses were immense for such colonies. They were above
200,000l. sterling: money first raised and advanced on their public credit.
On the 28th of January, 1756,[26] a message from the king came to us, to
this effect:—"His Majesty, being sensible of the zeal and vigor 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 proper reward
and encouragement."
On the 3d of February, 1756,[27] the House came to a suitable resolution,
expressed in words nearly the same as those of the message; but with the
further addition, that the money then voted was as an encouragement to the
colonies to exert themselves with vigor. 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:—
Page 141
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 Parliament, 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 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 nothing but your own;
and you cannot refuse in the gross what you have so often acknowledged in
detail. The admission of this, which will be so honorable 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 unhappy system.
The people heard, indeed, from the beginning of these disputes, one thing
continually dinned in their ears: that reason and justice demanded, 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
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 Parliament, 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 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 nothing but your own;
and you cannot refuse in the gross what you have so often acknowledged in
detail. The admission of this, which will be so honorable 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 unhappy system.
The people heard, indeed, from the beginning of these disputes, one thing
continually dinned in their ears: that reason and justice demanded, 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
Page 142
actually 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 ample as both the
colonies and he expected. The calculation 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 burdens imposed 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.
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 produce 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?—What! can
none of the 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 burden 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 general assemblies
hath been more agreeable to the inhabitants of the said colonies, and more
beneficial and conducive to the public service, than the mode of giving and
granting aids and subsidies in Parliament, to be raised and paid in the said
colonies."
This makes the whole of the fundamental part of the plan. The conclusion
is irresistible. You cannot say that you were driven by any necessity to an
fifty thousand a year. In fact, however, Mr. Grenville was mistaken. The
funds given for sinking the debt did not prove quite so ample as both the
colonies and he expected. The calculation 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 burdens imposed 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.
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 produce 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?—What! can
none of the 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 burden 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 general assemblies
hath been more agreeable to the inhabitants of the said colonies, and more
beneficial and conducive to the public service, than the mode of giving and
granting aids and subsidies in Parliament, to be raised and paid in the said
colonies."
This makes the whole of the fundamental part of the plan. The conclusion
is irresistible. You cannot say that you were driven by any necessity to an
Page 143
exercise of the utmost rights of legislature. You cannot assert that you took
on yourselves 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 without 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 subjects, or discontent?
If these propositions are accepted, everything which has been made to
enforce a contrary system must, I take it for granted, fall along with it. On
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
proper to repeal an act, made in the seventh year of the reign of his present
Majesty, intituled, 'An act for granting certain duties in the British colonies
and plantations in America; for allowing a drawback of the duties of
customs, upon the exportation from this kingdom, of coffee and cocoa-nuts,
of the produce of 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 also, that it may be proper to repeal an act,
made in the fourteenth year of the reign of his present Majesty, intituled,
'An act to discontinue, in such manner and for such time as are therein
mentioned, the landing and discharging, lading or shipping, of goods,
wares, and merchandise, at the town and within the harbor of Boston, in the
province of Massachusetts Bay, in North America.'—And also, that it may
be proper to repeal an act, made in the fourteenth year of the reign of his
present Majesty, intituled, 'An act for the impartial administration of justice,
on yourselves 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 without 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 subjects, or discontent?
If these propositions are accepted, everything which has been made to
enforce a contrary system must, I take it for granted, fall along with it. On
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
proper to repeal an act, made in the seventh year of the reign of his present
Majesty, intituled, 'An act for granting certain duties in the British colonies
and plantations in America; for allowing a drawback of the duties of
customs, upon the exportation from this kingdom, of coffee and cocoa-nuts,
of the produce of 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 also, that it may be proper to repeal an act,
made in the fourteenth year of the reign of his present Majesty, intituled,
'An act to discontinue, in such manner and for such time as are therein
mentioned, the landing and discharging, lading or shipping, of goods,
wares, and merchandise, at the town and within the harbor of Boston, in the
province of Massachusetts Bay, in North America.'—And also, that it may
be proper to repeal an act, made in the fourteenth year of the reign of his
present Majesty, intituled, 'An act for the impartial administration of justice,
Page 144
in the cases of persons questioned for any acts done by them, in the
execution of the law, or for the suppression of riots and tumults, in the
province of the Massachusetts Bay, in New England.'—And also, that it
may be proper to repeal an act, made in the fourteenth year of the reign of
his present Majesty, intituled,' An act for the better regulating the
government of the province of the Massachusetts 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, intituled, '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 of the
dangerous precedent of suspending the rights of the subject during the
king's pleasure) it was passed, as I apprehend, with less regularity, 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 circumstances prevent you
from taking away the charters of Connecticut and Rhode Island, as you
have taken away that of Massachusetts Colony, though the crown has far
less power in the two former provinces than it enjoyed in the latter, and
though the abuses have bean full as great and as flagrant in the exempted as
in the punished. The same reasons of prudence and accommodation have
weight with me in restoring the charter of Massachusetts Bay. Besides, Sir,
the act which changes the charter of Massachusetts 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
execution of the law, or for the suppression of riots and tumults, in the
province of the Massachusetts Bay, in New England.'—And also, that it
may be proper to repeal an act, made in the fourteenth year of the reign of
his present Majesty, intituled,' An act for the better regulating the
government of the province of the Massachusetts 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, intituled, '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 of the
dangerous precedent of suspending the rights of the subject during the
king's pleasure) it was passed, as I apprehend, with less regularity, 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 circumstances prevent you
from taking away the charters of Connecticut and Rhode Island, as you
have taken away that of Massachusetts Colony, though the crown has far
less power in the two former provinces than it enjoyed in the latter, and
though the abuses have bean full as great and as flagrant in the exempted as
in the punished. The same reasons of prudence and accommodation have
weight with me in restoring the charter of Massachusetts Bay. Besides, Sir,
the act which changes the charter of Massachusetts 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
Page 145
all public and private justice. Such, among others, is the power in the
governor 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 committing murder under the
orders of government to England for trial is but temporary. That act has
calculated the probable duration of our quarrel with the colonies, and is
accommodated to that supposed duration. I would hasten the happy moment
of reconciliation, and therefore must, on my principle, get rid of that most
justly obnoxious act.
The act of Henry the Eighth for the trial of treasons I do not mean to take
away, but to confine it to its proper bounds and original intention: to make it
expressly for trial of treasons (and the greatest treasons may be committed)
in places where the jurisdiction of the crown does not extend.
Having guarded the privileges of local legislature, I would next secure to
the colonies a fair and unbiased 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 of assembly duly confirmed, a settled salary to
the offices of the chief justice and other judges of the superior courts, it may
be proper that the said chief justice and other judges of the superior courts
of such colony shall hold his and their office and offices during their good
behavior, and shall not be removed therefrom, but when the said removal
shall be adjudged by his Majesty in council, upon a hearing on complaint
from the general assembly, or on a complaint from the governor, or the
council, or the house of representatives, severally, of the colony in which
the said chief justice and other judges have exercised the said offices."
governor 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 committing murder under the
orders of government to England for trial is but temporary. That act has
calculated the probable duration of our quarrel with the colonies, and is
accommodated to that supposed duration. I would hasten the happy moment
of reconciliation, and therefore must, on my principle, get rid of that most
justly obnoxious act.
The act of Henry the Eighth for the trial of treasons I do not mean to take
away, but to confine it to its proper bounds and original intention: to make it
expressly for trial of treasons (and the greatest treasons may be committed)
in places where the jurisdiction of the crown does not extend.
Having guarded the privileges of local legislature, I would next secure to
the colonies a fair and unbiased 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 of assembly duly confirmed, a settled salary to
the offices of the chief justice and other judges of the superior courts, it may
be proper that the said chief justice and other judges of the superior courts
of such colony shall hold his and their office and offices during their good
behavior, and shall not be removed therefrom, but when the said removal
shall be adjudged by his Majesty in council, upon a hearing on complaint
from the general assembly, or on a complaint from the governor, or the
council, or the house of representatives, severally, of the colony in which
the said chief justice and other judges have exercised the said offices."
Page 146
The next resolution relates to the courts of admiralty. It is this:—"That it
may be proper to regulate the courts of admiralty or vice-admiralty,
authorized by the 15th chapter of the 4th George the Third, in such a
manner as to make the same more commodious to those who sue or are
sued in the said courts, and to provide for the more decent maintenance of
the judges of the 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 increased; but
this is altogether as proper, and is, indeed, 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 condemnation is a robber. The Congress complain, and
complain justly, of this grievance.[28]
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
executive 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.
Here, Sir, I should close, but that I plainly perceive some objections
remain, which I ought, if possible, 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 of legislative authority.
may be proper to regulate the courts of admiralty or vice-admiralty,
authorized by the 15th chapter of the 4th George the Third, in such a
manner as to make the same more commodious to those who sue or are
sued in the said courts, and to provide for the more decent maintenance of
the judges of the 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 increased; but
this is altogether as proper, and is, indeed, 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 condemnation is a robber. The Congress complain, and
complain justly, of this grievance.[28]
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
executive 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.
Here, Sir, I should close, but that I plainly perceive some objections
remain, which I ought, if possible, 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 of legislative authority.
Page 147
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. Grenville, 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
favor of his opinions. He was a no less powerful advocate for the privileges
of the Americans. Ought I not from hence to presume that these preambles
are as favorable as possible to both, when properly understood: favorable
both to the rights of Parliament, and to the privilege of the 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 general way, or in any cool
hour, gone much beyond the demand of immunity in relation to taxes. It is
not fair to judge of the 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 government or of freedom, as far as it will go in argument and logical
illation. We Englishmen stop very short of the principles upon which we
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. Grenville, 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
favor of his opinions. He was a no less powerful advocate for the privileges
of the Americans. Ought I not from hence to presume that these preambles
are as favorable as possible to both, when properly understood: favorable
both to the rights of Parliament, and to the privilege of the 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 general way, or in any cool
hour, gone much beyond the demand of immunity in relation to taxes. It is
not fair to judge of the 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 government or of freedom, as far as it will go in argument and logical
illation. We Englishmen stop very short of the principles upon which we
Page 148
support any given part of our Constitution, or even the whole of it together.
I could easily, if I had not already tired you, give you very striking and
convincing instances of it. This is nothing but what is natural and proper.
All government, indeed every human benefit and enjoyment, every virtue
and every prudent act, is founded on compromise and barter. We balance
inconveniences; we give and take; we remit some rights, that we may enjoy
others; and we choose rather 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 of a great empire. But, in 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 of the artificial importance
of a great empire too dear, to pay for it all essential rights, and all the
intrinsic 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 opinion
would think it right to aim at such improvement by disturbing his country
and risking everything that is dear to him. In every arduous enterprise, we
consider 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 species of delusive geometrical
accuracy in moral arguments, 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 legislature, when
I could easily, if I had not already tired you, give you very striking and
convincing instances of it. This is nothing but what is natural and proper.
All government, indeed every human benefit and enjoyment, every virtue
and every prudent act, is founded on compromise and barter. We balance
inconveniences; we give and take; we remit some rights, that we may enjoy
others; and we choose rather 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 of a great empire. But, in 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 of the artificial importance
of a great empire too dear, to pay for it all essential rights, and all the
intrinsic 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 opinion
would think it right to aim at such improvement by disturbing his country
and risking everything that is dear to him. In every arduous enterprise, we
consider 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 species of delusive geometrical
accuracy in moral arguments, 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 legislature, when
Page 149
they see them the acts of that power which is itself the security, not the
rival, of their secondary 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.
It is said, indeed, that this power 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.
Ireland has ever had from the beginning a separate, but not an independent
legislature, which, far from distracting, promoted the union of the whole.
Everything 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 of the 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[29] on the floor, which has been so lately received, 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
rival, of their secondary 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.
It is said, indeed, that this power 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.
Ireland has ever had from the beginning a separate, but not an independent
legislature, which, far from distracting, promoted the union of the whole.
Everything 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 of the 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[29] on the floor, which has been so lately received, 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
Page 150
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.
First, then, I cannot admit that proposition of a ransom by auction,—
because it is a mere project. It is a thing new, unheard of, supported by no
experience, justified by no analogy, without example of our ancestors, or
root in the Constitution. It is neither regular Parliamentary taxation nor
colony grant. Experimentum in corpore vili 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
antechamber of the noble lord and his successors? To settle the quotas and
proportions in this House is clearly impossible. 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 settle (on the plan laid
down by the noble lord) the true proportional payment for four or five and
twenty governments, according to the absolute and the relative wealth of
each, and according to the British proportion of wealth and burden, 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.
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.
First, then, I cannot admit that proposition of a ransom by auction,—
because it is a mere project. It is a thing new, unheard of, supported by no
experience, justified by no analogy, without example of our ancestors, or
root in the Constitution. It is neither regular Parliamentary taxation nor
colony grant. Experimentum in corpore vili 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
antechamber of the noble lord and his successors? To settle the quotas and
proportions in this House is clearly impossible. 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 settle (on the plan laid
down by the noble lord) the true proportional payment for four or five and
twenty governments, according to the absolute and the relative wealth of
each, and according to the British proportion of wealth and burden, 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.
Page 151
Thirdly, it does not give satisfaction to the complaint 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 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
suppose the colonies were to lay the duties which furnished their contingent
upon the importation of your manufactures; 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 anything. The whole is delusion, 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 between these agents and
their constituents on each variation of the case, when the parties come to
contend together, and to dispute on their relative proportions, will be a
matter of delay, perplexity, and confusion, 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 refractory remain
unburdened. What will you do? Will you lay new and heavier taxes by
They complain that they are taxed without their consent. You answer, that
you will fix the sum at which they shall be taxed. That is, you give them the
very grievance for the remedy. You tell them, indeed, that you will leave the
mode to themselves. I really beg pardon; it gives me pain to mention it; but
you must be sensible that you will not perform this part of the compact. For
suppose the colonies were to lay the duties which furnished their contingent
upon the importation of your manufactures; 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 anything. The whole is delusion, 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 between these agents and
their constituents on each variation of the case, when the parties come to
contend together, and to dispute on their relative proportions, will be a
matter of delay, perplexity, and confusion, 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 refractory remain
unburdened. What will you do? Will you lay new and heavier taxes by
Page 152
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
auction, while Maryland and North Carolina bid handsomely for their
ransom, and are taxed to your quota, how will you put these colonies on a
par? Will you tax the tobacco of Virginia? If you do, you give its death-
wound to your English revenue at home, and to one of the very greatest
articles of your own foreign trade. If you tax the import of that rebellious
colony, what do you tax but your own manufactures, or the goods of some
other obedient and already well-taxed colony? Who has said one word on
this labyrinth of detail, which bewilders you more and more as you enter
into it? Who has presented, who can present, you with a clew to lead you
out of it? I think, Sir, it is impossible that you should not recollect 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
burden those whom upon every principle you ought to exonerate. 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 effectual revenue,—or you change the quota at every exigency, 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
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
auction, while Maryland and North Carolina bid handsomely for their
ransom, and are taxed to your quota, how will you put these colonies on a
par? Will you tax the tobacco of Virginia? If you do, you give its death-
wound to your English revenue at home, and to one of the very greatest
articles of your own foreign trade. If you tax the import of that rebellious
colony, what do you tax but your own manufactures, or the goods of some
other obedient and already well-taxed colony? Who has said one word on
this labyrinth of detail, which bewilders you more and more as you enter
into it? Who has presented, who can present, you with a clew to lead you
out of it? I think, Sir, it is impossible that you should not recollect 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
burden those whom upon every principle you ought to exonerate. 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 effectual revenue,—or you change the quota at every exigency, 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
Page 153
failing colony. You must make new Boston port bills, new restraining laws,
new acts for dragging men to England for trial. You must send out new
fleets, new armies. All is to begin again. From this day forward the empire
is never to know an hour's tranquillity. An intestine fire will be kept alive in
the bowels of the colonies, which one time or other must consume this
whole empire. I allow, indeed, that the Empire of Germany raises her
revenue and her troops by quotas and contingents; but the revenue of the
Empire and the army of the Empire is the worst revenue and the worst army
in the world.
Instead of a standing revenue, you will therefore have a perpetual quarrel.
Indeed, the noble lord who proposed this project of a ransom by auction
seemed himself to be of that opinion. His project was rather designed for
breaking the union of the colonies than for establishing a revenue. He
confessed he apprehended that his proposal would not be to their taste. I
say, this scheme of disunion seems to be at the bottom of the project; for I
will not suspect that the noble lord meant nothing but merely to delude the
nation by an airy phantom which he never intended to realize. But whatever
his views may be, as I propose the peace and 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 immediate
in its conciliatory operation: the other remote, contingent, full of hazard.
Mine is what becomes the dignity of a ruling people: gratuitous,
unconditional, and not held out as matter of bargain and sale. I have done
my duty in proposing it to you. I have, indeed, tired you by a long
discourse; but this is the misfortune of those to whose influence nothing
new acts for dragging men to England for trial. You must send out new
fleets, new armies. All is to begin again. From this day forward the empire
is never to know an hour's tranquillity. An intestine fire will be kept alive in
the bowels of the colonies, which one time or other must consume this
whole empire. I allow, indeed, that the Empire of Germany raises her
revenue and her troops by quotas and contingents; but the revenue of the
Empire and the army of the Empire is the worst revenue and the worst army
in the world.
Instead of a standing revenue, you will therefore have a perpetual quarrel.
Indeed, the noble lord who proposed this project of a ransom by auction
seemed himself to be of that opinion. His project was rather designed for
breaking the union of the colonies than for establishing a revenue. He
confessed he apprehended that his proposal would not be to their taste. I
say, this scheme of disunion seems to be at the bottom of the project; for I
will not suspect that the noble lord meant nothing but merely to delude the
nation by an airy phantom which he never intended to realize. But whatever
his views may be, as I propose the peace and 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 immediate
in its conciliatory operation: the other remote, contingent, full of hazard.
Mine is what becomes the dignity of a ruling people: gratuitous,
unconditional, and not held out as matter of bargain and sale. I have done
my duty in proposing it to you. I have, indeed, tired you by a long
discourse; but this is the misfortune of those to whose influence nothing
Page 154
will be conceded, and who must win every inch of their ground by
argument. You have heard me with goodness. May you decide with
wisdom! For my part, I feel my mind greatly disburdened 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. I have this comfort,—
that, in every stage of the American affairs, I have steadily opposed the
measures that have produced the confusion, and may bring on the
destruction, of this empire. I now go so far as to risk a proposal of my own.
If I cannot give peace to my 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 cheat, 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
discovered 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 revenues can
arise amongst a people sensible of freedom: Posita luditur arca. Cannot you
in England, cannot you at this time of day, cannot you, an 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 everywhere else? Is it not true in Ireland? Has
it not hitherto been true in the colonies? Why should you presume, that, in
any country, a body duly constituted for any function will neglect to
perform its duty, and abdicate its trust? Such a presumption 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
honor of their own government, that sense of dignity, and that security to
property, which ever attends freedom, has a tendency to increase the stock
argument. You have heard me with goodness. May you decide with
wisdom! For my part, I feel my mind greatly disburdened 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. I have this comfort,—
that, in every stage of the American affairs, I have steadily opposed the
measures that have produced the confusion, and may bring on the
destruction, of this empire. I now go so far as to risk a proposal of my own.
If I cannot give peace to my 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 cheat, 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
discovered 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 revenues can
arise amongst a people sensible of freedom: Posita luditur arca. Cannot you
in England, cannot you at this time of day, cannot you, an 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 everywhere else? Is it not true in Ireland? Has
it not hitherto been true in the colonies? Why should you presume, that, in
any country, a body duly constituted for any function will neglect to
perform its duty, and abdicate its trust? Such a presumption 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
honor of their own government, that sense of dignity, and that security to
property, which ever attends freedom, has a tendency to increase the stock
Page 155
of the free community. Most may be taken where most is accumulated. And
what is the soil or climate where experience has not uniformly proved that
the voluntary flow of heaped-up plenty, bursting from the weight of its own
rich luxuriance, has ever run with a more copious stream of revenue than
could be squeezed from the dry husks of oppressed indigence by the
straining of all the politic machinery in the world?
Next, we know that parties must ever exist in a free country. We know,
too, that the emulations of such parties, their contradictions, their reciprocal
necessities, their hopes, and their fears, must send them all in their turns to
him that holds the balance of the state. The parties are the gamesters; but
government keeps the table, and is sure to be the winner in the end. When
this game is played, I really think it is more to be feared that the people will
be exhausted than that government will not be supplied. Whereas whatever
is got by acts of absolute power ill obeyed because odious, or by contracts
ill kept because constrained, will be narrow, feeble, uncertain, and
precarious.
"Ease would retract
Vows made in pain, as violent and void."
I, for one, protest against compounding our demands: I declare against
compounding, for a poor limited sum, the immense, 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 economy in the world, to
compel the colonies to a sum certain, either in the way of ransom, or in the
way of compulsory compact.
But to clear up my ideas on this subject,—a revenue from America
transmitted hither. Do not delude yourselves: you can never receive it,—no,
not a shilling. We have experience that from remote countries it is not to be
what is the soil or climate where experience has not uniformly proved that
the voluntary flow of heaped-up plenty, bursting from the weight of its own
rich luxuriance, has ever run with a more copious stream of revenue than
could be squeezed from the dry husks of oppressed indigence by the
straining of all the politic machinery in the world?
Next, we know that parties must ever exist in a free country. We know,
too, that the emulations of such parties, their contradictions, their reciprocal
necessities, their hopes, and their fears, must send them all in their turns to
him that holds the balance of the state. The parties are the gamesters; but
government keeps the table, and is sure to be the winner in the end. When
this game is played, I really think it is more to be feared that the people will
be exhausted than that government will not be supplied. Whereas whatever
is got by acts of absolute power ill obeyed because odious, or by contracts
ill kept because constrained, will be narrow, feeble, uncertain, and
precarious.
"Ease would retract
Vows made in pain, as violent and void."
I, for one, protest against compounding our demands: I declare against
compounding, for a poor limited sum, the immense, 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 economy in the world, to
compel the colonies to a sum certain, either in the way of ransom, or in the
way of compulsory compact.
But to clear up my ideas on this subject,—a revenue from America
transmitted hither. Do not delude yourselves: you can never receive it,—no,
not a shilling. We have experience that from remote countries it is not to be
Page 156
expected. If, when you attempted to extract revenue from Bengal, you were
obliged to return in loan what you had taken in imposition, what can you
expect from North America? For, certainly, if ever there was a country
qualified to produce wealth, it is India; or an institution fit for the
transmission, it is the East India Company. America has none of these
aptitudes. If America gives you taxable objects on which you lay your
duties here, and gives you at the same time a surplus by a foreign sale of her
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, for all service, whether of revenue, trade, or empire, my
trust is in her interest in the British Constitution. My hold of the colonies is
in the close 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 everything 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
obliged to return in loan what you had taken in imposition, what can you
expect from North America? For, certainly, if ever there was a country
qualified to produce wealth, it is India; or an institution fit for the
transmission, it is the East India Company. America has none of these
aptitudes. If America gives you taxable objects on which you lay your
duties here, and gives you at the same time a surplus by a foreign sale of her
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, for all service, whether of revenue, trade, or empire, my
trust is in her interest in the British Constitution. My hold of the colonies is
in the close 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 everything 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
Page 157
you will have; the more ardently they love liberty, the more perfect will be
their obedience. Slavery they can have anywhere. It is a weed that grows in
every soil. They may have it from Spain, they may have it from Prussia.
But, until you become lost to all feeling of your true interest and your
natural dignity, freedom they can have from none but you. This is the
commodity of price, of which you have the monopoly. This is the true Act
of Navigation, which binds to you the commerce of the colonies, and
through them secures to you the wealth of the world. 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 entertain so
weak an imagination as that your registers and your bonds, your affidavits
and your sufferances, your cockets and your clearances, are what form the
great securities of your commerce. Do not dream that your letters of office,
and your instructions, and your suspending clauses are the things that hold
together the great contexture of this mysterious whole. These things do not
make your government. Dead instruments, passive tools as they are, it is the
spirit of the English communion that gives all their life and efficacy to
them. It is the spirit of the English Constitution, which, infused through the
mighty mass, pervades, feeds, unites, invigorates, vivifies every part of the
empire, even down to the minutest member.
Is it not the same virtue which does everything 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 institution, which gives you your army and your navy,
and infuses into both that liberal obedience without which your army would
be a base rabble and your navy nothing but rotten timber.
their obedience. Slavery they can have anywhere. It is a weed that grows in
every soil. They may have it from Spain, they may have it from Prussia.
But, until you become lost to all feeling of your true interest and your
natural dignity, freedom they can have from none but you. This is the
commodity of price, of which you have the monopoly. This is the true Act
of Navigation, which binds to you the commerce of the colonies, and
through them secures to you the wealth of the world. 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 entertain so
weak an imagination as that your registers and your bonds, your affidavits
and your sufferances, your cockets and your clearances, are what form the
great securities of your commerce. Do not dream that your letters of office,
and your instructions, and your suspending clauses are the things that hold
together the great contexture of this mysterious whole. These things do not
make your government. Dead instruments, passive tools as they are, it is the
spirit of the English communion that gives all their life and efficacy to
them. It is the spirit of the English Constitution, which, infused through the
mighty mass, pervades, feeds, unites, invigorates, vivifies every part of the
empire, even down to the minutest member.
Is it not the same virtue which does everything 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 institution, which gives you your army and your navy,
and infuses into both that liberal obedience without which your army would
be a base rabble and your navy nothing but rotten timber.
Page 158
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 movement of empire, are not fit to turn a wheel in the machine.
But to men truly initiated and rightly taught, these ruling and master
principles, which in the opinion of such men as I have mentioned have no
substantial existence, are in truth everything, and all in all. Magnanimity in
politics 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 public proceedings on America with the old warning of the Church,
Sursum corda! We ought to elevate our minds to the greatness of that trust
to which the order of Providence has called us. By adverting to the dignity
of this high calling our ancestors have turned a savage wilderness into a
glorious empire, and have made the most extensive and the only honorable
conquests, not by destroying, but by promoting the wealth, the number, the
happiness of the human race. Let us get an American revenue as we have
got an American empire. English privileges have made it all that it is;
English privileges alone will make it all it can be.
In full confidence of this unalterable truth, I now (quod felix faustumque
sit!) 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 upwards 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."
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 movement of empire, are not fit to turn a wheel in the machine.
But to men truly initiated and rightly taught, these ruling and master
principles, which in the opinion of such men as I have mentioned have no
substantial existence, are in truth everything, and all in all. Magnanimity in
politics 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 public proceedings on America with the old warning of the Church,
Sursum corda! We ought to elevate our minds to the greatness of that trust
to which the order of Providence has called us. By adverting to the dignity
of this high calling our ancestors have turned a savage wilderness into a
glorious empire, and have made the most extensive and the only honorable
conquests, not by destroying, but by promoting the wealth, the number, the
happiness of the human race. Let us get an American revenue as we have
got an American empire. English privileges have made it all that it is;
English privileges alone will make it all it can be.
In full confidence of this unalterable truth, I now (quod felix faustumque
sit!) 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 upwards 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."
Page 159
Upon this resolution the previous question was put and carried: for the
previous question, 270; against it, 78.
As the propositions were opened separately in the body of the speech, the
reader perhaps may wish to see the whole of them together, in the form in
which they were moved for.
"MOVED,
"That the colonies and plantations of Great Britain in North America,
consisting of fourteen separate governments, and containing two millions
and upwards of free inhabitants, have not had the liberty and privilege of
electing and sending any knights and burgesses, or others, to represent them
in the high court of Parliament."
"That the said colonies and plantations have been made liable to, and
bounden by, several subsidies, payments, rates, and taxes, given and granted
by Parliament, though the said colonies and plantations have not their
knights and burgesses in the said high court of Parliament, of their own
election, to represent the condition of their country; by lack whereof they
have been oftentimes touched and grieved by subsidies, given, granted, and
amended to, in the said, court, in a manner prejudicial to the common
wealth, quietness, rest, and peace of the subjects inhabiting within the
same."
"That, from the distance of the said colonies, and from other
circumstances, no method hath hitherto been devised for procuring a
representation in Parliament for the said colonies."
"That each of the said colonies hath within itself a body, chosen, in part
or in the whole, by the freemen, freeholders, or other free inhabitants
previous question, 270; against it, 78.
As the propositions were opened separately in the body of the speech, the
reader perhaps may wish to see the whole of them together, in the form in
which they were moved for.
"MOVED,
"That the colonies and plantations of Great Britain in North America,
consisting of fourteen separate governments, and containing two millions
and upwards of free inhabitants, have not had the liberty and privilege of
electing and sending any knights and burgesses, or others, to represent them
in the high court of Parliament."
"That the said colonies and plantations have been made liable to, and
bounden by, several subsidies, payments, rates, and taxes, given and granted
by Parliament, though the said colonies and plantations have not their
knights and burgesses in the said high court of Parliament, of their own
election, to represent the condition of their country; by lack whereof they
have been oftentimes touched and grieved by subsidies, given, granted, and
amended to, in the said, court, in a manner prejudicial to the common
wealth, quietness, rest, and peace of the subjects inhabiting within the
same."
"That, from the distance of the said colonies, and from other
circumstances, no method hath hitherto been devised for procuring a
representation in Parliament for the said colonies."
"That each of the said colonies hath within itself a body, chosen, in part
or in the whole, by the freemen, freeholders, or other free inhabitants
Page 160
thereof, commonly called the General Assembly, or General Court, with
powers legally to raise, levy, and assess, according to the several usages of
such colonies, duties and taxes towards defraying all sorts of public
services."[30]
"That the said general assemblies, general courts, or other bodies legally
qualified as aforesaid, have at sundry times freely granted several large
subsidies and public aids for his Majesty's service, according to their
abilities, when required thereto by letter from one of his Majesty's principal
Secretaries of State; and that their right to grant the same, and their
cheerfulness and sufficiency in the said grants, have been at sundry times
acknowledged by Parliament."
"That it hath been found by experience, that the manner of granting the
said supplies and aids by the said general assemblies hath been more
agreeable to the inhabitants of the said colonies, and more beneficial and
conducive to the public service, than the mode of giving and granting aids
and subsidies in Parliament, to be raised and paid in the said colonies."
"That it may be proper to repeal an act, made in the seventh year of the
reign of his present Majesty, intituled, 'An act for granting certain duties in
the British colonies and plantations in America; for allowing a drawback of
the duties of customs, upon the exportation from this kingdom, of coffee
and cocoa-nuts, of the produce of 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.'"
"That it may be proper to repeal an act, made in the fourteenth year of the
reign of his present Majesty, intituled, 'An act to discontinue, in such
manner and for such time as are therein mentioned, the landing and
discharging, lading or chipping, of goods, wares, and merchandise, at the
powers legally to raise, levy, and assess, according to the several usages of
such colonies, duties and taxes towards defraying all sorts of public
services."[30]
"That the said general assemblies, general courts, or other bodies legally
qualified as aforesaid, have at sundry times freely granted several large
subsidies and public aids for his Majesty's service, according to their
abilities, when required thereto by letter from one of his Majesty's principal
Secretaries of State; and that their right to grant the same, and their
cheerfulness and sufficiency in the said grants, have been at sundry times
acknowledged by Parliament."
"That it hath been found by experience, that the manner of granting the
said supplies and aids by the said general assemblies hath been more
agreeable to the inhabitants of the said colonies, and more beneficial and
conducive to the public service, than the mode of giving and granting aids
and subsidies in Parliament, to be raised and paid in the said colonies."
"That it may be proper to repeal an act, made in the seventh year of the
reign of his present Majesty, intituled, 'An act for granting certain duties in
the British colonies and plantations in America; for allowing a drawback of
the duties of customs, upon the exportation from this kingdom, of coffee
and cocoa-nuts, of the produce of 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.'"
"That it may be proper to repeal an act, made in the fourteenth year of the
reign of his present Majesty, intituled, 'An act to discontinue, in such
manner and for such time as are therein mentioned, the landing and
discharging, lading or chipping, of goods, wares, and merchandise, at the
Page 161
town and within the harbor of Boston, in the province of Massachusetts
Bay, in North America.'"
"That it may be proper to repeal an act, made in the fourteenth year of the
reign of his present Majesty, intituled, 'An act for the impartial
administration of justice, in the cases of persons questioned for any acts
done by them, in the execution of the law, or for the suppression of riots and
tumults, in the province of the Massachusetts Bay, in New England.'"
"That it may be proper to repeal an act, made in the fourteenth year of the
reign of his present Majesty, intituled, 'An act for the better regulating the
government of the province of the Massachusetts Bay, in New England.'"
"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, intituled, 'An act for the
trial of treasons committed out of the king's dominions.'"
"That, from the time when the general assembly, or general court, of any
colony or plantation in North America, shall have appointed, by act of
assembly duly confirmed, a settled salary to the offices of the chief justice
and other judges of the superior courts, it may be proper that the said chief
justice and other judges of the superior courts of such colony shall hold his
and their office and offices during their good behavior, and shall not be
removed therefrom, but when the said removal shall be adjudged by his
Majesty in council, upon a hearing on complaint from the general assembly,
or on a complaint from the governor, or the council, or the house of
representatives, severally, of the colony in which the said chief justice and
other judges have exercised the said offices."
"That it may be proper to regulate the courts of admiralty or vice-
admiralty, authorized by the 15th chapter of the 4th George the Third, in
such a manner as to make the same more commodious to those who sue or
Bay, in North America.'"
"That it may be proper to repeal an act, made in the fourteenth year of the
reign of his present Majesty, intituled, 'An act for the impartial
administration of justice, in the cases of persons questioned for any acts
done by them, in the execution of the law, or for the suppression of riots and
tumults, in the province of the Massachusetts Bay, in New England.'"
"That it may be proper to repeal an act, made in the fourteenth year of the
reign of his present Majesty, intituled, 'An act for the better regulating the
government of the province of the Massachusetts Bay, in New England.'"
"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, intituled, 'An act for the
trial of treasons committed out of the king's dominions.'"
"That, from the time when the general assembly, or general court, of any
colony or plantation in North America, shall have appointed, by act of
assembly duly confirmed, a settled salary to the offices of the chief justice
and other judges of the superior courts, it may be proper that the said chief
justice and other judges of the superior courts of such colony shall hold his
and their office and offices during their good behavior, and shall not be
removed therefrom, but when the said removal shall be adjudged by his
Majesty in council, upon a hearing on complaint from the general assembly,
or on a complaint from the governor, or the council, or the house of
representatives, severally, of the colony in which the said chief justice and
other judges have exercised the said offices."
"That it may be proper to regulate the courts of admiralty or vice-
admiralty, authorized by the 15th chapter of the 4th George the Third, in
such a manner as to make the same more commodious to those who sue or
Page 162
are sued in the said courts; and to provide for the mere decent maintenance
of the judges of the same."
FOOTNOTES:
[18] The act to restrain the trade and commerce of the provinces of
Massachusetts Bay and New Hampshire, and colonies of Connecticut and
Rhode Island and Providence Plantation, in North America, to Great
Britain, Ireland, and the British Islands 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.
[19] Mr. Rose Fuller.
[20] "That when the governor, council, and assembly, or general court, of
any of his Majesty's provinces or colonies in America shall propose to
make provision, according to the condition, circumstances, and situation of
such province or colony, for contributing their proportion to the common
defence, (such proportion to be raised under the authority of the general
court or general assembly of such province or colony, and disposable by
Parliament,) and shall engage to make provision, also for the support of the
civil government and the administration, of justice in such province or
colony, it will be proper, if such proposal shall be approved by his Majesty
and the two Houses of Parliament, and for so long as such provision shall
be made accordingly, to forbear, in respect of such province or colony, to
levy any duty, tax, or assessment, or to impose any farther duty, tax, or
assessment, except only such duties as it may be expedient to continue to
levy or to impose for the regulation of commerce: the net produce of the
duties last mentioned to be carried to the account of such province or
of the judges of the same."
FOOTNOTES:
[18] The act to restrain the trade and commerce of the provinces of
Massachusetts Bay and New Hampshire, and colonies of Connecticut and
Rhode Island and Providence Plantation, in North America, to Great
Britain, Ireland, and the British Islands 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.
[19] Mr. Rose Fuller.
[20] "That when the governor, council, and assembly, or general court, of
any of his Majesty's provinces or colonies in America shall propose to
make provision, according to the condition, circumstances, and situation of
such province or colony, for contributing their proportion to the common
defence, (such proportion to be raised under the authority of the general
court or general assembly of such province or colony, and disposable by
Parliament,) and shall engage to make provision, also for the support of the
civil government and the administration, of justice in such province or
colony, it will be proper, if such proposal shall be approved by his Majesty
and the two Houses of Parliament, and for so long as such provision shall
be made accordingly, to forbear, in respect of such province or colony, to
levy any duty, tax, or assessment, or to impose any farther duty, tax, or
assessment, except only such duties as it may be expedient to continue to
levy or to impose for the regulation of commerce: the net produce of the
duties last mentioned to be carried to the account of such province or
Page 163
colony respectively."—Resolution moved by Lord North in the Committee,
and agreed to by the House, 27th February, 1775.
[21] Mr. Glover.
[22] The Attorney-General.
[23] Mr. Rice.
[24] Lord North.
[25] Journals of the House, Vol. XXV.
[26] Journals of the House, Vol. XXVII.
[27] Ibid.
[28] The Solicitor-General informed Mr. B., when the resolutions were
separately moved, that the grievance of the judges partaking of the profits
of the seizure had been redressed by office; accordingly the resolution was
amended.
[29] Lord North.
[30] The first four motions and the last had the previous question put on
them. The others were negatived.
The words in Italics were, by an amendment that was carried, left out of the
motion; which will appear in the journals, though it is not the practice to
insert such amendments in the votes.
and agreed to by the House, 27th February, 1775.
[21] Mr. Glover.
[22] The Attorney-General.
[23] Mr. Rice.
[24] Lord North.
[25] Journals of the House, Vol. XXV.
[26] Journals of the House, Vol. XXVII.
[27] Ibid.
[28] The Solicitor-General informed Mr. B., when the resolutions were
separately moved, that the grievance of the judges partaking of the profits
of the seizure had been redressed by office; accordingly the resolution was
amended.
[29] Lord North.
[30] The first four motions and the last had the previous question put on
them. The others were negatived.
The words in Italics were, by an amendment that was carried, left out of the
motion; which will appear in the journals, though it is not the practice to
insert such amendments in the votes.
Page 164
A
LETTER
TO
JOHN FARR AND JOHN HARRIS, ESQRS.,
SHERIFFS OF THE CITY OF BRISTOL,
ON THE
AFFAIRS OF AMERICA.
1777.
Gentlemen,—I have the honor of sending you the two last acts which
have been passed with regard to the troubles in America. These acts are
similar to all the rest which have been made on the same subject. They
operate by the same principle, and they are derived from the very same
policy. I think they complete the number of this sort of statutes to nine. It
LETTER
TO
JOHN FARR AND JOHN HARRIS, ESQRS.,
SHERIFFS OF THE CITY OF BRISTOL,
ON THE
AFFAIRS OF AMERICA.
1777.
Gentlemen,—I have the honor of sending you the two last acts which
have been passed with regard to the troubles in America. These acts are
similar to all the rest which have been made on the same subject. They
operate by the same principle, and they are derived from the very same
policy. I think they complete the number of this sort of statutes to nine. It
Page 165
affords no matter for very pleasing reflection to observe that our subjects
diminish as our laws increase.
If I have the misfortune of differing with some of my fellow-citizens on
this great and arduous subject, it is no small consolation to me that I do not
differ from you. With you I am perfectly united. We are heartily agreed in
our detestation of a civil war. We have ever expressed the most unqualified
disapprobation of all the steps which have led to it, and of all those which
tend to prolong it. And I have no doubt that we feel exactly the same
emotions of grief and shame on all its miserable consequences, whether
they appear, on the one side or the other, in the shape of victories or defeats,
of captures made from the English on the continent or from the English in
these islands, of legislative regulations which subvert the liberties of our
brethren or which undermine our own.
Of the first of these statutes (that for the letter of marque) I shall say
little. Exceptionable as it may be, and as I think it is in some particulars, it
seems the natural, perhaps necessary, result of the measures we have taken
and the situation we are in. The other (for a partial suspension of the
Habeas Corpus) appears to me of a much deeper malignity. During its
progress through the House of Commons, it has been amended, so as to
express, more distinctly than at first it did, the avowed sentiments of those
who framed it; and the main ground of my exception to it is, because it does
express, and does carry into execution, purposes which appear to me so
contradictory to all the principles, not only of the constitutional policy of
Great Britain, but even of that species of hostile justice which no asperity of
war wholly extinguishes in the minds of a civilized people.
It seems to have in view two capital objects: the first, to enable
administration to confine, as long as it shall think proper, those whom that
act is pleased to qualify by the name of pirates. Those so qualified I
diminish as our laws increase.
If I have the misfortune of differing with some of my fellow-citizens on
this great and arduous subject, it is no small consolation to me that I do not
differ from you. With you I am perfectly united. We are heartily agreed in
our detestation of a civil war. We have ever expressed the most unqualified
disapprobation of all the steps which have led to it, and of all those which
tend to prolong it. And I have no doubt that we feel exactly the same
emotions of grief and shame on all its miserable consequences, whether
they appear, on the one side or the other, in the shape of victories or defeats,
of captures made from the English on the continent or from the English in
these islands, of legislative regulations which subvert the liberties of our
brethren or which undermine our own.
Of the first of these statutes (that for the letter of marque) I shall say
little. Exceptionable as it may be, and as I think it is in some particulars, it
seems the natural, perhaps necessary, result of the measures we have taken
and the situation we are in. The other (for a partial suspension of the
Habeas Corpus) appears to me of a much deeper malignity. During its
progress through the House of Commons, it has been amended, so as to
express, more distinctly than at first it did, the avowed sentiments of those
who framed it; and the main ground of my exception to it is, because it does
express, and does carry into execution, purposes which appear to me so
contradictory to all the principles, not only of the constitutional policy of
Great Britain, but even of that species of hostile justice which no asperity of
war wholly extinguishes in the minds of a civilized people.
It seems to have in view two capital objects: the first, to enable
administration to confine, as long as it shall think proper, those whom that
act is pleased to qualify by the name of pirates. Those so qualified I
Page 166
understand to be the commanders and mariners of such privateers and ships
of war belonging to the colonies as in the course of this unhappy contest
may fall into the hands of the crown. They are therefore to be detained in
prison, under the criminal description of piracy, to a future trial and
ignominious punishment, whenever circumstances shall make it convenient
to execute vengeance on them, under the color of that odious and infamous
offence.
To this first purpose of the law I have no small dislike, because the act
does not (as all laws and all equitable transactions ought to do) fairly
describe its object. The persons who make a naval war upon us, in
consequence of the present troubles, may be rebels; but to call and treat
them as pirates is confounding not only the natural distinction of things, but
the order of crimes,—which, whether by putting them from a higher part of
the scale to the lower or from the lower to the higher, is never done without
dangerously disordering the whole frame of jurisprudence. Though piracy
may be, in the eye of the law, a less offence than treason, yet, as both are, in
effect, punished with the same death, the same forfeiture, and the same
corruption of blood, I never would take from any fellow-creature whatever
any sort of advantage which he may derive to his safety from the pity of
mankind, or to his reputation from their general feelings, by degrading his
offence, when I cannot soften his punishment. The general sense of
mankind tells me that those offences which may possibly arise from
mistaken virtue are not in the class of infamous actions. Lord Coke, the
oracle of the English law, conforms to that general sense, where he says that
"those things which are of the highest criminality may be of the least
disgrace." The act prepares a sort of masked proceeding, not honorable to
the justice of the kingdom, and by no means necessary for its safety. I
cannot enter into it. If Lord Balmerino, in the last rebellion, had driven off
the cattle of twenty clans, I should have thought it would have been a
of war belonging to the colonies as in the course of this unhappy contest
may fall into the hands of the crown. They are therefore to be detained in
prison, under the criminal description of piracy, to a future trial and
ignominious punishment, whenever circumstances shall make it convenient
to execute vengeance on them, under the color of that odious and infamous
offence.
To this first purpose of the law I have no small dislike, because the act
does not (as all laws and all equitable transactions ought to do) fairly
describe its object. The persons who make a naval war upon us, in
consequence of the present troubles, may be rebels; but to call and treat
them as pirates is confounding not only the natural distinction of things, but
the order of crimes,—which, whether by putting them from a higher part of
the scale to the lower or from the lower to the higher, is never done without
dangerously disordering the whole frame of jurisprudence. Though piracy
may be, in the eye of the law, a less offence than treason, yet, as both are, in
effect, punished with the same death, the same forfeiture, and the same
corruption of blood, I never would take from any fellow-creature whatever
any sort of advantage which he may derive to his safety from the pity of
mankind, or to his reputation from their general feelings, by degrading his
offence, when I cannot soften his punishment. The general sense of
mankind tells me that those offences which may possibly arise from
mistaken virtue are not in the class of infamous actions. Lord Coke, the
oracle of the English law, conforms to that general sense, where he says that
"those things which are of the highest criminality may be of the least
disgrace." The act prepares a sort of masked proceeding, not honorable to
the justice of the kingdom, and by no means necessary for its safety. I
cannot enter into it. If Lord Balmerino, in the last rebellion, had driven off
the cattle of twenty clans, I should have thought it would have been a
Page 167
scandalous and low juggle, utterly unworthy of the manliness of an English
judicature, to have tried him for felony as a stealer of cows.
Besides, I must honestly tell you that I could not vote for, or countenance
in any way, a statute which stigmatizes with the crime of piracy these men
whom an act of Parliament had previously put out of the protection of the
law. When the legislature of this kingdom had ordered all their ships and
goods, for the mere new-created offence of exercising trade, to be divided
as a spoil among the seamen, of the navy,—to consider the necessary
reprisal of an unhappy, proscribed, interdicted people, as the crime of
piracy, would have appeared, in any other legislature than ours, a strain of
the most insulting and most unnatural cruelty and injustice. I assure you I
never remember to have heard of anything like it in any time or country.
The second professed purpose of the act is to detain in England for trial
those who shall commit high treason in America.
That you may be enabled to enter into the true spirit of the present law, it
is necessary, Gentlemen, to apprise you that there is an act, made so long
ago as in the reign of Henry the Eighth, before the existence or thought of
any English colonies in America, for the trial in this kingdom of treasons
committed out of the realm. In the year 1769 Parliament thought proper to
acquaint the crown with their construction of that act in a formal address,
wherein they entreated his Majesty to cause persons charged with high
treason in America to be brought into this kingdom for trial. By this act of
Henry the Eighth, so construed and so applied, almost all that is substantial
and beneficial in a trial by jury is taken away from the subject in the
colonies. This is, however, saying too little; for to try a man under that act
is, in effect, to condemn him unheard. A person is brought hither in the
dungeon of a ship's hold; thence he is vomited into a dungeon on land,
loaded with irons, unfurnished with money, unsupported by friends, three
judicature, to have tried him for felony as a stealer of cows.
Besides, I must honestly tell you that I could not vote for, or countenance
in any way, a statute which stigmatizes with the crime of piracy these men
whom an act of Parliament had previously put out of the protection of the
law. When the legislature of this kingdom had ordered all their ships and
goods, for the mere new-created offence of exercising trade, to be divided
as a spoil among the seamen, of the navy,—to consider the necessary
reprisal of an unhappy, proscribed, interdicted people, as the crime of
piracy, would have appeared, in any other legislature than ours, a strain of
the most insulting and most unnatural cruelty and injustice. I assure you I
never remember to have heard of anything like it in any time or country.
The second professed purpose of the act is to detain in England for trial
those who shall commit high treason in America.
That you may be enabled to enter into the true spirit of the present law, it
is necessary, Gentlemen, to apprise you that there is an act, made so long
ago as in the reign of Henry the Eighth, before the existence or thought of
any English colonies in America, for the trial in this kingdom of treasons
committed out of the realm. In the year 1769 Parliament thought proper to
acquaint the crown with their construction of that act in a formal address,
wherein they entreated his Majesty to cause persons charged with high
treason in America to be brought into this kingdom for trial. By this act of
Henry the Eighth, so construed and so applied, almost all that is substantial
and beneficial in a trial by jury is taken away from the subject in the
colonies. This is, however, saying too little; for to try a man under that act
is, in effect, to condemn him unheard. A person is brought hither in the
dungeon of a ship's hold; thence he is vomited into a dungeon on land,
loaded with irons, unfurnished with money, unsupported by friends, three
Page 168
thousand miles from all means of calling upon or confronting evidence,
where no one local circumstance that tends to detect perjury can possibly be
judged of;—such a person may be executed according to form, but he can
never be tried according to justice.
I therefore could never reconcile myself to the bill I send you, which is
expressly provided to remove all inconveniences from the establishment of
a mode of trial which has ever appeared to me most unjust and most
unconstitutional. Far from removing the difficulties which impede the
execution of so mischievous a project, I would heap new difficulties upon
it, if it were in my power. All the ancient, honest, juridical principles and
institutions of England are so many clogs to check and retard the headlong
course of violence and oppression. They were invented for this one good
purpose, that what was not just should not be convenient. Convinced of this,
I would leave things as I found them. The old, cool-headed, general law is
as good as any deviation dictated by present heat.
I could see no fair, justifiable expedience pleaded to favor this new
suspension of the liberty of the subject. If the English in the colonies can
support the independency to which they have been unfortunately driven, I
suppose nobody has such a fanatical zeal for the criminal justice of Henry
the Eighth that he will contend for executions which must be retaliated
tenfold on his own friends, or who has conceived so strange an idea of
English dignity as to think the defeats in America compensated by the
triumphs at Tyburn. If, on the contrary, the colonies are reduced to the
obedience of the crown, there must be, under that authority, tribunals in the
country itself fully competent to administer justice on all offenders. But if
there are not, and that we must suppose a thing so humiliating to our
government as that all this vast continent should unanimously concur in
thinking that no ill fortune can convert resistance to the royal authority into
a criminal act, we may call the effect of our victory peace, or obedience, or
where no one local circumstance that tends to detect perjury can possibly be
judged of;—such a person may be executed according to form, but he can
never be tried according to justice.
I therefore could never reconcile myself to the bill I send you, which is
expressly provided to remove all inconveniences from the establishment of
a mode of trial which has ever appeared to me most unjust and most
unconstitutional. Far from removing the difficulties which impede the
execution of so mischievous a project, I would heap new difficulties upon
it, if it were in my power. All the ancient, honest, juridical principles and
institutions of England are so many clogs to check and retard the headlong
course of violence and oppression. They were invented for this one good
purpose, that what was not just should not be convenient. Convinced of this,
I would leave things as I found them. The old, cool-headed, general law is
as good as any deviation dictated by present heat.
I could see no fair, justifiable expedience pleaded to favor this new
suspension of the liberty of the subject. If the English in the colonies can
support the independency to which they have been unfortunately driven, I
suppose nobody has such a fanatical zeal for the criminal justice of Henry
the Eighth that he will contend for executions which must be retaliated
tenfold on his own friends, or who has conceived so strange an idea of
English dignity as to think the defeats in America compensated by the
triumphs at Tyburn. If, on the contrary, the colonies are reduced to the
obedience of the crown, there must be, under that authority, tribunals in the
country itself fully competent to administer justice on all offenders. But if
there are not, and that we must suppose a thing so humiliating to our
government as that all this vast continent should unanimously concur in
thinking that no ill fortune can convert resistance to the royal authority into
a criminal act, we may call the effect of our victory peace, or obedience, or
Page 169
what we will, but the war is not ended; the hostile mind continues in full
vigor, and it continues under a worse form. If your peace be nothing more
than a sullen pause from arms, if their quiet be nothing but the meditation of
revenge, where smitten pride smarting from its wounds festers into new
rancor, neither the act of Henry the Eighth nor its handmaid of this reign
will answer any wise end of policy or justice. For, if the bloody fields which
they saw and felt are not sufficient to subdue the reason of America, (to use
the expressive phrase of a great lord in office,) it is not the judicial slaughter
which is made in another hemisphere against their universal sense of justice
that will ever reconcile them to the British government.
I take it for granted, Gentlemen, that we sympathize in a proper horror of
all punishment further than as it serves for an example. To whom, then does
the example of an execution in England for this American rebellion apply?
Remember, you are told every day, that the present is a contest between the
two countries, and that we in England are at war for our own dignity against
our rebellious children. Is this true? If it be, it is surely among such
rebellious children that examples for disobedience should be made, to be in
any degree instructive: for who ever thought of teaching parents their duty
by an example from the punishment of an undutiful son? As well might the
execution of a fugitive negro in the plantations be considered as a lesson to
teach masters humanity to their slaves. Such executions may, indeed, satiate
our revenge; they may harden our hearts, and puff us up with pride and
arrogance. Alas! this is not instruction.
If anything can be drawn from such examples by a parity of the case, it is
to show how deep their crime and how heavy their punishment will be, who
shall at any time dare to resist a distant power actually disposing of their
property without their voice or consent to the disposition, and overturning
their franchises without charge or hearing. God forbid that England should
ever read this lesson written in the blood of any of her offspring!
vigor, and it continues under a worse form. If your peace be nothing more
than a sullen pause from arms, if their quiet be nothing but the meditation of
revenge, where smitten pride smarting from its wounds festers into new
rancor, neither the act of Henry the Eighth nor its handmaid of this reign
will answer any wise end of policy or justice. For, if the bloody fields which
they saw and felt are not sufficient to subdue the reason of America, (to use
the expressive phrase of a great lord in office,) it is not the judicial slaughter
which is made in another hemisphere against their universal sense of justice
that will ever reconcile them to the British government.
I take it for granted, Gentlemen, that we sympathize in a proper horror of
all punishment further than as it serves for an example. To whom, then does
the example of an execution in England for this American rebellion apply?
Remember, you are told every day, that the present is a contest between the
two countries, and that we in England are at war for our own dignity against
our rebellious children. Is this true? If it be, it is surely among such
rebellious children that examples for disobedience should be made, to be in
any degree instructive: for who ever thought of teaching parents their duty
by an example from the punishment of an undutiful son? As well might the
execution of a fugitive negro in the plantations be considered as a lesson to
teach masters humanity to their slaves. Such executions may, indeed, satiate
our revenge; they may harden our hearts, and puff us up with pride and
arrogance. Alas! this is not instruction.
If anything can be drawn from such examples by a parity of the case, it is
to show how deep their crime and how heavy their punishment will be, who
shall at any time dare to resist a distant power actually disposing of their
property without their voice or consent to the disposition, and overturning
their franchises without charge or hearing. God forbid that England should
ever read this lesson written in the blood of any of her offspring!
Page 170
War is at present carried on between the king's natural and foreign troops,
on one side, and the English in America, on the other, upon the usual
footing of other wars; and accordingly an exchange of prisoners has been
regularly made from the beginning. If, notwithstanding this hitherto equal
procedure, upon some prospect of ending the war with success (which,
however, may be delusive) administration prepares to act against those as
traitors who remain in their hands at the end of the troubles, in my opinion
we shall exhibit to the world as indecent a piece of injustice as ever civil
fury has produced. If the prisoners who have been exchanged have not by
that exchange been virtually pardoned, the cartel (whether avowed or
understood) is a cruel fraud; for you have received the life of a man, and
you ought to return a life for it, or there is no parity or fairness in the
transaction.
If, on the other hand, we admit that they who are actually exchanged are
pardoned, but contend that you may justly reserve for vengeance those who
remain unexchanged, then this unpleasant and unhandsome consequence
will follow: that you judge of the delinquency of men merely by the time of
their guilt, and not by the heinousness of it; and you make fortune and
accidents, and not the moral qualities of human action, the rule of your
justice.
These strange incongruities must ever perplex those who confound the
unhappiness of civil dissension with the crime of treason. Whenever a
rebellion really and truly exists, which is as easily known in fact as it is
difficult to define in words, government has not entered into such military
conventions, but has ever declined all intermediate treaty which should put
rebels in possession of the law of nations with regard to war. Commanders
would receive no benefits at their hands, because they could make no return
for them. Who has ever heard of capitulation, and parole of honor, and
exchange of prisoners in the late rebellions in this kingdom? The answer to
on one side, and the English in America, on the other, upon the usual
footing of other wars; and accordingly an exchange of prisoners has been
regularly made from the beginning. If, notwithstanding this hitherto equal
procedure, upon some prospect of ending the war with success (which,
however, may be delusive) administration prepares to act against those as
traitors who remain in their hands at the end of the troubles, in my opinion
we shall exhibit to the world as indecent a piece of injustice as ever civil
fury has produced. If the prisoners who have been exchanged have not by
that exchange been virtually pardoned, the cartel (whether avowed or
understood) is a cruel fraud; for you have received the life of a man, and
you ought to return a life for it, or there is no parity or fairness in the
transaction.
If, on the other hand, we admit that they who are actually exchanged are
pardoned, but contend that you may justly reserve for vengeance those who
remain unexchanged, then this unpleasant and unhandsome consequence
will follow: that you judge of the delinquency of men merely by the time of
their guilt, and not by the heinousness of it; and you make fortune and
accidents, and not the moral qualities of human action, the rule of your
justice.
These strange incongruities must ever perplex those who confound the
unhappiness of civil dissension with the crime of treason. Whenever a
rebellion really and truly exists, which is as easily known in fact as it is
difficult to define in words, government has not entered into such military
conventions, but has ever declined all intermediate treaty which should put
rebels in possession of the law of nations with regard to war. Commanders
would receive no benefits at their hands, because they could make no return
for them. Who has ever heard of capitulation, and parole of honor, and
exchange of prisoners in the late rebellions in this kingdom? The answer to
Page 171
all demands of that sort was, "We can engage for nothing; you are at the
king's pleasure." We ought to remember, that, if our present enemies be in
reality and truth rebels, the king's generals have no right to release them
upon any conditions whatsoever; and they are themselves answerable to the
law, and as much in want of a pardon, for doing so, as the rebels whom they
release.
Lawyers, I know, cannot make the distinction for which I contend;
because they have their strict rule to go by. But legislators ought to do what
lawyers cannot; for they have no other rules to bind them but the great
principles of reason and equity and the general sense of mankind. These
they are bound to obey and follow, and rather to enlarge and enlighten law
by the liberality of legislative reason than to fetter and bind their higher
capacity by the narrow constructions of subordinate, artificial justice. If we
had adverted to this, we never could consider the convulsions of a great
empire, not disturbed by a little disseminated faction, but divided by whole
communities and provinces, and entire legal representatives of a people, as
fit matter of discussion under a commission of Oyer and Terminer. It is as
opposite to reason and prudence as it is to humanity and justice.
This act, proceeding on these principles, that is, preparing to end the
present troubles by a trial of one sort of hostility under the name of piracy,
and of another by the name of treason, and executing the act of Henry the
Eighth according to a new and unconstitutional interpretation, I have
thought evil and dangerous, even though the instruments of effecting such
purposes had been merely of a neutral quality.
But it really appears to me that the means which this act employs are at
least as exceptionable as the end. Permit me to open myself a little upon this
subject; because it is of importance to me, when I am obliged to submit to
the power without acquiescing in the reason of an act of legislature, that I
king's pleasure." We ought to remember, that, if our present enemies be in
reality and truth rebels, the king's generals have no right to release them
upon any conditions whatsoever; and they are themselves answerable to the
law, and as much in want of a pardon, for doing so, as the rebels whom they
release.
Lawyers, I know, cannot make the distinction for which I contend;
because they have their strict rule to go by. But legislators ought to do what
lawyers cannot; for they have no other rules to bind them but the great
principles of reason and equity and the general sense of mankind. These
they are bound to obey and follow, and rather to enlarge and enlighten law
by the liberality of legislative reason than to fetter and bind their higher
capacity by the narrow constructions of subordinate, artificial justice. If we
had adverted to this, we never could consider the convulsions of a great
empire, not disturbed by a little disseminated faction, but divided by whole
communities and provinces, and entire legal representatives of a people, as
fit matter of discussion under a commission of Oyer and Terminer. It is as
opposite to reason and prudence as it is to humanity and justice.
This act, proceeding on these principles, that is, preparing to end the
present troubles by a trial of one sort of hostility under the name of piracy,
and of another by the name of treason, and executing the act of Henry the
Eighth according to a new and unconstitutional interpretation, I have
thought evil and dangerous, even though the instruments of effecting such
purposes had been merely of a neutral quality.
But it really appears to me that the means which this act employs are at
least as exceptionable as the end. Permit me to open myself a little upon this
subject; because it is of importance to me, when I am obliged to submit to
the power without acquiescing in the reason of an act of legislature, that I
Page 172
should justify my dissent by such arguments as may be supposed to have
weight with a sober man.
The main operative regulation of the act is to suspend the Common Law
and the statute Habeas Corpus (the sole securities either for liberty or
justice) with regard to all those who have been out of the realm, or on the
high seas, within a given time. The rest of the people, as I understand, are to
continue as they stood before.
I confess, Gentlemen, that this appears to me as bad in the principle, and
far worse in its consequence, than an universal suspension of the Habeas
Corpus Act; and the limiting qualification, instead of taking out the sting,
does in my humble opinion sharpen and envenom it to a greater degree.
Liberty, if I understand it at all, is a general principle, and the clear right of
all the subjects within the realm, or of none. Partial freedom seems to me a
most invidious mode of slavery. But, unfortunately, it is the kind of slavery
the most easily admitted in times of civil discord: for parties are but too apt
to forget their own future safety in their desire of sacrificing their enemies.
People without much difficulty admit the entrance of that injustice of which
they are not to be the immediate victims. In times of high proceeding it is
never the faction of the predominant power that is in danger: for no tyranny
chastises its own instruments. It is the obnoxious and the suspected who
want the protection of law; and there is nothing to bridle the partial violence
of state factions but this,—"that, whenever an act is made for a cessation of
law and justice, the whole people should be universally subjected to the
same suspension of their franchises." The alarm of such a proceeding would
then be universal. It would operate as a sort of call of the nation. It would
become every man's immediate and instant concern to be made very
sensible of the absolute necessity of this total eclipse of liberty. They would
more carefully advert to every renewal, and more powerfully resist it. These
great determined measures are not commonly so dangerous to freedom.
weight with a sober man.
The main operative regulation of the act is to suspend the Common Law
and the statute Habeas Corpus (the sole securities either for liberty or
justice) with regard to all those who have been out of the realm, or on the
high seas, within a given time. The rest of the people, as I understand, are to
continue as they stood before.
I confess, Gentlemen, that this appears to me as bad in the principle, and
far worse in its consequence, than an universal suspension of the Habeas
Corpus Act; and the limiting qualification, instead of taking out the sting,
does in my humble opinion sharpen and envenom it to a greater degree.
Liberty, if I understand it at all, is a general principle, and the clear right of
all the subjects within the realm, or of none. Partial freedom seems to me a
most invidious mode of slavery. But, unfortunately, it is the kind of slavery
the most easily admitted in times of civil discord: for parties are but too apt
to forget their own future safety in their desire of sacrificing their enemies.
People without much difficulty admit the entrance of that injustice of which
they are not to be the immediate victims. In times of high proceeding it is
never the faction of the predominant power that is in danger: for no tyranny
chastises its own instruments. It is the obnoxious and the suspected who
want the protection of law; and there is nothing to bridle the partial violence
of state factions but this,—"that, whenever an act is made for a cessation of
law and justice, the whole people should be universally subjected to the
same suspension of their franchises." The alarm of such a proceeding would
then be universal. It would operate as a sort of call of the nation. It would
become every man's immediate and instant concern to be made very
sensible of the absolute necessity of this total eclipse of liberty. They would
more carefully advert to every renewal, and more powerfully resist it. These
great determined measures are not commonly so dangerous to freedom.
Page 173
They are marked with too strong lines to slide into use. No plea, nor
pretence, of inconvenience or evil example (which must in their nature be
daily and ordinary incidents) can be admitted as a reason for such mighty
operations. But the true danger is when liberty is nibbled away, for
expedients, and by parts. The Habeas Corpus Act supposes, contrary to the
genius of most other laws, that the lawful magistrate may see particular men
with a malignant eye, and it provides for that identical case. But when men,
in particular descriptions, marked out by the magistrate himself, are
delivered over by Parliament to this possible malignity, it is not the Habeas
Corpus that is occasionally suspended, but its spirit that is mistaken, and its
principle that is subverted. Indeed, nothing is security to any individual but
the common interest of all.
This act, therefore, has this distinguished evil in it, that it is the first
partial suspension of the Habeas Corpus that has been made. The
precedent, which is always of very great importance, is now established.
For the first time a distinction is made among the people within this realm.
Before this act, every man putting his foot on English ground, every
stranger owing only a local and temporary allegiance, even negro slaves
who had been sold in the colonies and under an act of Parliament, became
as free as every other man who breathed the same air with them. Now a line
is drawn, which may be advanced further and further at pleasure, on the
same argument of mere expedience on which it was first described. There is
no equality among us; we are not fellow-citizens, if the mariner who lands
on the quay does not rest on as firm legal ground as the merchant who sits
in his counting-house. Other laws may injure the community; this dissolves
it. As things now stand, every man in the West Indies, every one inhabitant
of three unoffending provinces on the continent, every person coming from
the East Indies, every gentleman who has travelled for his health or
education, every mariner who has navigated the seas, is, for no other
offence, under a temporary proscription. Let any of these facts (now
pretence, of inconvenience or evil example (which must in their nature be
daily and ordinary incidents) can be admitted as a reason for such mighty
operations. But the true danger is when liberty is nibbled away, for
expedients, and by parts. The Habeas Corpus Act supposes, contrary to the
genius of most other laws, that the lawful magistrate may see particular men
with a malignant eye, and it provides for that identical case. But when men,
in particular descriptions, marked out by the magistrate himself, are
delivered over by Parliament to this possible malignity, it is not the Habeas
Corpus that is occasionally suspended, but its spirit that is mistaken, and its
principle that is subverted. Indeed, nothing is security to any individual but
the common interest of all.
This act, therefore, has this distinguished evil in it, that it is the first
partial suspension of the Habeas Corpus that has been made. The
precedent, which is always of very great importance, is now established.
For the first time a distinction is made among the people within this realm.
Before this act, every man putting his foot on English ground, every
stranger owing only a local and temporary allegiance, even negro slaves
who had been sold in the colonies and under an act of Parliament, became
as free as every other man who breathed the same air with them. Now a line
is drawn, which may be advanced further and further at pleasure, on the
same argument of mere expedience on which it was first described. There is
no equality among us; we are not fellow-citizens, if the mariner who lands
on the quay does not rest on as firm legal ground as the merchant who sits
in his counting-house. Other laws may injure the community; this dissolves
it. As things now stand, every man in the West Indies, every one inhabitant
of three unoffending provinces on the continent, every person coming from
the East Indies, every gentleman who has travelled for his health or
education, every mariner who has navigated the seas, is, for no other
offence, under a temporary proscription. Let any of these facts (now
Page 174
become presumptions of guilt) be proved against him, and the bare
suspicion of the crown puts him out of the law. It is even by no means clear
to me whether the negative proof does not lie upon the person apprehended
on suspicion, to the subversion of all justice.
I have not debated against this bill in its progress through the House;
because it would have been vain to oppose, and impossible to correct it. It is
some time since I have been clearly convinced, that, in the present state of
things, all opposition to any measures proposed by ministers, where the
name of America appears, is vain and frivolous. You may be sure that I do
not speak of my opposition, which in all circumstances must be so, but that
of men of the greatest wisdom and authority in the nation. Everything
proposed against America is supposed of course to be in favor of Great
Britain. Good and ill success are equally admitted as reasons for
persevering in the present methods. Several very prudent and very well-
intentioned persons were of opinion, that, during the prevalence of such
dispositions, all struggle rather inflamed than lessened the distemper of the
public counsels. Finding such resistance to be considered as factious by
most within doors and by very many without, I cannot conscientiously
support what is against my opinion, nor prudently contend with what I
know is irresistible. Preserving my principles unshaken, I reserve my
activity for rational endeavors; and I hope that my past conduct has given
sufficient evidence, that, if I am a single day from my place, it is not owing
to indolence or love of dissipation. The slightest hope of doing good is
sufficient to recall me to what I quitted with regret In declining for some
time my usual strict attendance, I do not in the least condemn the spirit of
those gentlemen who, with a just confidence in their abilities, (in which I
claim a sort of share from my love and admiration of them,) were of
opinion that their exertions in this desperate case might be of some service.
They thought that by contracting the sphere of its application they might
lessen the malignity of an evil principle. Perhaps they were in the right. But
suspicion of the crown puts him out of the law. It is even by no means clear
to me whether the negative proof does not lie upon the person apprehended
on suspicion, to the subversion of all justice.
I have not debated against this bill in its progress through the House;
because it would have been vain to oppose, and impossible to correct it. It is
some time since I have been clearly convinced, that, in the present state of
things, all opposition to any measures proposed by ministers, where the
name of America appears, is vain and frivolous. You may be sure that I do
not speak of my opposition, which in all circumstances must be so, but that
of men of the greatest wisdom and authority in the nation. Everything
proposed against America is supposed of course to be in favor of Great
Britain. Good and ill success are equally admitted as reasons for
persevering in the present methods. Several very prudent and very well-
intentioned persons were of opinion, that, during the prevalence of such
dispositions, all struggle rather inflamed than lessened the distemper of the
public counsels. Finding such resistance to be considered as factious by
most within doors and by very many without, I cannot conscientiously
support what is against my opinion, nor prudently contend with what I
know is irresistible. Preserving my principles unshaken, I reserve my
activity for rational endeavors; and I hope that my past conduct has given
sufficient evidence, that, if I am a single day from my place, it is not owing
to indolence or love of dissipation. The slightest hope of doing good is
sufficient to recall me to what I quitted with regret In declining for some
time my usual strict attendance, I do not in the least condemn the spirit of
those gentlemen who, with a just confidence in their abilities, (in which I
claim a sort of share from my love and admiration of them,) were of
opinion that their exertions in this desperate case might be of some service.
They thought that by contracting the sphere of its application they might
lessen the malignity of an evil principle. Perhaps they were in the right. But
Page 175
when my opinion was so very clearly to the contrary, for the reasons I have
just stated, I am sure my attendance would have been ridiculous.
I must add, in further explanation of my conduct, that, far from softening
the features of such a principle, and thereby removing any part of the
popular odium or natural terrors attending it, I should be sorry that anything
framed in contradiction to the spirit of our Constitution did not instantly
produce, in fact, the grossest of the evils with which it was pregnant in its
nature. It is by lying dormant a long time, or being at first very rarely
exercised, that arbitrary power steals upon a people. On the next
unconstitutional act, all the fashionable world will be ready to say, "Your
prophecies are ridiculous, your fears are vain, you see how little of the
mischiefs which you formerly foreboded are come to pass." Thus, by
degrees, that artful softening of all arbitrary power, the alleged infrequency
or narrow extent of its operation, will be received as a sort of aphorism,—
and Mr. Hume will not be singular in telling us, that the felicity of mankind
is no more disturbed by it than by earthquakes or thunder, or the other more
unusual accidents of Nature.
The act of which I speak is among the fruits of the American war,—a war
in my humble opinion productive of many mischiefs, of a kind which
distinguish it from all others. Not only our policy is deranged, and our
empire distracted, but our laws and our legislative spirit appear to have been
totally perverted by it. We have made war on our colonies, not by arms
only, but by laws. As hostility and law are not very concordant ideas, every
step we have taken in this business has been made by trampling on some
maxim of justice or some capital principle of wise government. What
precedents were established, and what principles overturned, (I will not say
of English privilege, but of general justice,) in the Boston Port, the
Massachusetts Charter, the Military Bill, and all that long array of hostile
acts of Parliament by which the war with America has been begun and
just stated, I am sure my attendance would have been ridiculous.
I must add, in further explanation of my conduct, that, far from softening
the features of such a principle, and thereby removing any part of the
popular odium or natural terrors attending it, I should be sorry that anything
framed in contradiction to the spirit of our Constitution did not instantly
produce, in fact, the grossest of the evils with which it was pregnant in its
nature. It is by lying dormant a long time, or being at first very rarely
exercised, that arbitrary power steals upon a people. On the next
unconstitutional act, all the fashionable world will be ready to say, "Your
prophecies are ridiculous, your fears are vain, you see how little of the
mischiefs which you formerly foreboded are come to pass." Thus, by
degrees, that artful softening of all arbitrary power, the alleged infrequency
or narrow extent of its operation, will be received as a sort of aphorism,—
and Mr. Hume will not be singular in telling us, that the felicity of mankind
is no more disturbed by it than by earthquakes or thunder, or the other more
unusual accidents of Nature.
The act of which I speak is among the fruits of the American war,—a war
in my humble opinion productive of many mischiefs, of a kind which
distinguish it from all others. Not only our policy is deranged, and our
empire distracted, but our laws and our legislative spirit appear to have been
totally perverted by it. We have made war on our colonies, not by arms
only, but by laws. As hostility and law are not very concordant ideas, every
step we have taken in this business has been made by trampling on some
maxim of justice or some capital principle of wise government. What
precedents were established, and what principles overturned, (I will not say
of English privilege, but of general justice,) in the Boston Port, the
Massachusetts Charter, the Military Bill, and all that long array of hostile
acts of Parliament by which the war with America has been begun and
Page 176
supported! Had the principles of any of these acts been first exerted on
English ground, they would probably have expired as soon as they touched
it. But by being removed from our persons, they have rooted in our laws,
and the latest posterity will taste the fruits of them.
Nor is it the worst effect of this unnatural contention, that our laws are
corrupted. Whilst manners remain entire, they will correct the vices of law,
and soften it at length to their own temper. But we have to lament that in
most of the late proceedings we see very few traces of that generosity,
humanity, and dignity of mind, which formerly characterized this nation.
War suspends the rules of moral obligation, and what is long suspended is
in danger of being totally abrogated. Civil wars strike deepest of all into the
manners of the people. They vitiate their politics; they corrupt their morals;
they pervert even the natural taste and relish of equity and justice. By
teaching us to consider our fellow-citizens in an hostile light, the whole
body of our nation becomes gradually less dear to us. The very names of
affection and kindred, which were the bond of charity whilst we agreed,
become new incentives to hatred and rage when the communion of our
country is dissolved. We may flatter ourselves that we shall not fall into this
misfortune. But we have no charter of exemption, that I know of, from the
ordinary frailties of our nature.
What but that blindness of heart which arises from the frenzy of civil
contention could have made any persons conceive the present situation of
the British affairs as an object of triumph to themselves or of congratulation
to their sovereign? Nothing surely could be more lamentable to those who
remember the flourishing days of this kingdom than to see the insane joy of
several unhappy people, amidst the sad spectacle which our affairs and
conduct exhibit to the scorn of Europe. We behold (and it seems some
people rejoice in beholding) our native land, which used to sit the envied
arbiter of all her neighbors, reduced to a servile dependence on their mercy,
English ground, they would probably have expired as soon as they touched
it. But by being removed from our persons, they have rooted in our laws,
and the latest posterity will taste the fruits of them.
Nor is it the worst effect of this unnatural contention, that our laws are
corrupted. Whilst manners remain entire, they will correct the vices of law,
and soften it at length to their own temper. But we have to lament that in
most of the late proceedings we see very few traces of that generosity,
humanity, and dignity of mind, which formerly characterized this nation.
War suspends the rules of moral obligation, and what is long suspended is
in danger of being totally abrogated. Civil wars strike deepest of all into the
manners of the people. They vitiate their politics; they corrupt their morals;
they pervert even the natural taste and relish of equity and justice. By
teaching us to consider our fellow-citizens in an hostile light, the whole
body of our nation becomes gradually less dear to us. The very names of
affection and kindred, which were the bond of charity whilst we agreed,
become new incentives to hatred and rage when the communion of our
country is dissolved. We may flatter ourselves that we shall not fall into this
misfortune. But we have no charter of exemption, that I know of, from the
ordinary frailties of our nature.
What but that blindness of heart which arises from the frenzy of civil
contention could have made any persons conceive the present situation of
the British affairs as an object of triumph to themselves or of congratulation
to their sovereign? Nothing surely could be more lamentable to those who
remember the flourishing days of this kingdom than to see the insane joy of
several unhappy people, amidst the sad spectacle which our affairs and
conduct exhibit to the scorn of Europe. We behold (and it seems some
people rejoice in beholding) our native land, which used to sit the envied
arbiter of all her neighbors, reduced to a servile dependence on their mercy,
Page 177
—acquiescing in assurances of friendship which she does not trust,—
complaining of hostilities which she dares not resent,—deficient to her
allies, lofty to her subjects, and submissive to her enemies,—whilst the
liberal government of this free nation is supported by the hireling sword of
German boors and vassals, and three millions of the subjects of Great
Britain are seeking for protection to English privileges in the arms of
France!
These circumstances appear to me more like shocking prodigies than
natural changes in human affairs. Men of firmer minds may see them
without staggering or astonishment. Some may think them matters of
congratulation and complimentary addresses; but I trust your candor will be
so indulgent to my weakness as not to have the worse opinion of me for my
declining to participate in this joy, and my rejecting all share whatsoever in
such a triumph. I am too old, too stiff in my inveterate partialities, to be
ready at all the fashionable evolutions of opinion. I scarcely know how to
adapt my mind to the feelings with which the Court Gazettes mean to
impress the people. It is not instantly that I can be brought to rejoice, when I
hear of the slaughter and captivity of long lists of those names which have
been familiar to my ears from my infancy, and to rejoice that they have
fallen under the sword of strangers, whose barbarous appellations I scarcely
know how to pronounce. The glory acquired at the White Plains by Colonel
Rahl has no charms for me, and I fairly acknowledge that I have not yet
learned to delight in finding Fort Kniphausen in the heart of the British
dominions.
It might be some consolation for the loss of our old regards, if our reason
were enlightened in proportion as our honest prejudices are removed.
Wanting feelings for the honor of our country, we might then in cold blood
be brought to think a little of our interests as individual citizens and our
private conscience as moral agents.
complaining of hostilities which she dares not resent,—deficient to her
allies, lofty to her subjects, and submissive to her enemies,—whilst the
liberal government of this free nation is supported by the hireling sword of
German boors and vassals, and three millions of the subjects of Great
Britain are seeking for protection to English privileges in the arms of
France!
These circumstances appear to me more like shocking prodigies than
natural changes in human affairs. Men of firmer minds may see them
without staggering or astonishment. Some may think them matters of
congratulation and complimentary addresses; but I trust your candor will be
so indulgent to my weakness as not to have the worse opinion of me for my
declining to participate in this joy, and my rejecting all share whatsoever in
such a triumph. I am too old, too stiff in my inveterate partialities, to be
ready at all the fashionable evolutions of opinion. I scarcely know how to
adapt my mind to the feelings with which the Court Gazettes mean to
impress the people. It is not instantly that I can be brought to rejoice, when I
hear of the slaughter and captivity of long lists of those names which have
been familiar to my ears from my infancy, and to rejoice that they have
fallen under the sword of strangers, whose barbarous appellations I scarcely
know how to pronounce. The glory acquired at the White Plains by Colonel
Rahl has no charms for me, and I fairly acknowledge that I have not yet
learned to delight in finding Fort Kniphausen in the heart of the British
dominions.
It might be some consolation for the loss of our old regards, if our reason
were enlightened in proportion as our honest prejudices are removed.
Wanting feelings for the honor of our country, we might then in cold blood
be brought to think a little of our interests as individual citizens and our
private conscience as moral agents.
Page 178
Indeed, our affairs are in a bad condition. I do assure those gentlemen
who have prayed for war, and obtained the blessing they have sought, that
they are at this instant in very great straits. The abused wealth of this
country continues a little longer to feed its distemper. As yet they, and their
German allies of twenty hireling states, have contended only with the
unprepared strength of our own infant colonies. But America is not
subdued. Not one unattacked village which was originally adverse
throughout that vast continent has yet submitted from love or terror. You
have the ground you encamp on, and you have no more. The cantonments
of your troops and your dominions are exactly of the same extent. You
spread devastation, but you do not enlarge the sphere of authority.
The events of this war are of so much greater magnitude than those who
either wished or feared it ever looked for, that this alone ought to fill every
considerate mind with anxiety and diffidence. Wise men often tremble at
the very things which fill the thoughtless with security. For many reasons I
do not choose to expose to public view all the particulars of the state in
which you stood with regard to foreign powers during the whole course of
the last year. Whether you are yet wholly out of danger from them is more
than I know, or than your rulers can divine. But even if I were certain of my
safety, I could not easily forgive those who had brought me into the most
dreadful perils, because by accidents, unforeseen by them or me, I have
escaped.
Believe me, Gentlemen, the way still before you is intricate, dark, and
full of perplexed and treacherous mazes. Those who think they have the
clew may lead us out of this labyrinth. We may trust them as amply as we
think proper; but as they have most certainly a call for all the reason which
their stock can furnish, why should we think it proper to disturb its
operation by inflaming their passions? I may be unable to lend an helping
hand to those who direct the state; but I should be ashamed to make myself
who have prayed for war, and obtained the blessing they have sought, that
they are at this instant in very great straits. The abused wealth of this
country continues a little longer to feed its distemper. As yet they, and their
German allies of twenty hireling states, have contended only with the
unprepared strength of our own infant colonies. But America is not
subdued. Not one unattacked village which was originally adverse
throughout that vast continent has yet submitted from love or terror. You
have the ground you encamp on, and you have no more. The cantonments
of your troops and your dominions are exactly of the same extent. You
spread devastation, but you do not enlarge the sphere of authority.
The events of this war are of so much greater magnitude than those who
either wished or feared it ever looked for, that this alone ought to fill every
considerate mind with anxiety and diffidence. Wise men often tremble at
the very things which fill the thoughtless with security. For many reasons I
do not choose to expose to public view all the particulars of the state in
which you stood with regard to foreign powers during the whole course of
the last year. Whether you are yet wholly out of danger from them is more
than I know, or than your rulers can divine. But even if I were certain of my
safety, I could not easily forgive those who had brought me into the most
dreadful perils, because by accidents, unforeseen by them or me, I have
escaped.
Believe me, Gentlemen, the way still before you is intricate, dark, and
full of perplexed and treacherous mazes. Those who think they have the
clew may lead us out of this labyrinth. We may trust them as amply as we
think proper; but as they have most certainly a call for all the reason which
their stock can furnish, why should we think it proper to disturb its
operation by inflaming their passions? I may be unable to lend an helping
hand to those who direct the state; but I should be ashamed to make myself
Page 179
one of a noisy multitude to halloo and hearten them into doubtful and
dangerous courses. A conscientious man would be cautious how he dealt in
blood. He would feel some apprehension at being called to a tremendous
account for engaging in so deep a play without any sort of knowledge of the
game. It is no excuse for presumptuous ignorance, that it is directed by
insolent passion. The poorest being that crawls on earth, contending to save
itself from injustice and oppression, is an object respectable in the eyes of
God and man. But I cannot conceive any existence under heaven (which in
the depths of its wisdom tolerates all sorts of things) that is more truly
odious and disgusting than an impotent, helpless creature, without civil
wisdom or military skill, without a consciousness of any other qualification
for power but his servility to it, bloated with pride and arrogance, calling for
battles which he is not to fight, contending for a violent dominion which he
can never exercise, and satisfied to be himself mean and miserable, in order
to render others contemptible and wretched.
If you and I find our talents not of the great and ruling kind, our conduct,
at least, is conformable to our faculties. No man's life pays the forfeit of our
rashness. No desolate widow weeps tears of blood over our ignorance.
Scrupulous and sober in a well-grounded distrust of ourselves, we would
keep in the port of peace and security; and perhaps in recommending to
others something of the same diffidence, we should show ourselves more
charitable to their welfare than injurious to their abilities.
There are many circumstances in the zeal shown for civil war which
seem to discover but little of real magnanimity. The addressers offer their
own persons, and they are satisfied with hiring Germans. They promise
their private fortunes, and they mortgage their country. They have all the
merit of volunteers, without risk of person or charge of contribution; and
when the unfeeling arm of a foreign soldiery pours out their kindred blood
like water, they exult and triumph as if they themselves had performed
dangerous courses. A conscientious man would be cautious how he dealt in
blood. He would feel some apprehension at being called to a tremendous
account for engaging in so deep a play without any sort of knowledge of the
game. It is no excuse for presumptuous ignorance, that it is directed by
insolent passion. The poorest being that crawls on earth, contending to save
itself from injustice and oppression, is an object respectable in the eyes of
God and man. But I cannot conceive any existence under heaven (which in
the depths of its wisdom tolerates all sorts of things) that is more truly
odious and disgusting than an impotent, helpless creature, without civil
wisdom or military skill, without a consciousness of any other qualification
for power but his servility to it, bloated with pride and arrogance, calling for
battles which he is not to fight, contending for a violent dominion which he
can never exercise, and satisfied to be himself mean and miserable, in order
to render others contemptible and wretched.
If you and I find our talents not of the great and ruling kind, our conduct,
at least, is conformable to our faculties. No man's life pays the forfeit of our
rashness. No desolate widow weeps tears of blood over our ignorance.
Scrupulous and sober in a well-grounded distrust of ourselves, we would
keep in the port of peace and security; and perhaps in recommending to
others something of the same diffidence, we should show ourselves more
charitable to their welfare than injurious to their abilities.
There are many circumstances in the zeal shown for civil war which
seem to discover but little of real magnanimity. The addressers offer their
own persons, and they are satisfied with hiring Germans. They promise
their private fortunes, and they mortgage their country. They have all the
merit of volunteers, without risk of person or charge of contribution; and
when the unfeeling arm of a foreign soldiery pours out their kindred blood
like water, they exult and triumph as if they themselves had performed
Page 180
some notable exploit. I am really ashamed of the fashionable language
which has been held for some time past, which, to say the best of it, is full
of levity. You know that I allude to the general cry against the cowardice of
the Americans, as if we despised them for not making the king's soldiery
purchase the advantage they have obtained at a dearer rate. It is not,
Gentlemen, it is not to respect the dispensations of Providence, nor to
provide any decent retreat in the mutability of human affairs. It leaves no
medium between insolent victory and infamous defeat. It tends to alienate
our minds further and further from our natural regards, and to make an
eternal rent and schism in the British nation. Those who do not wish for
such a separation would not dissolve that cement of reciprocal esteem and
regard which can alone bind together the parts of this great fabric. It ought
to be our wish, as it is our duty, not only to forbear this style of outrage
ourselves, but to make every one as sensible as we can of the impropriety
and unworthiness of the tempers which give rise to it, and which designing
men are laboring with such malignant industry to diffuse amongst us. It is
our business to counteract them, if possible,—if possible, to awake our
natural regards, and to revive the old partiality to the English name. Without
something of this kind I do not see how it is ever practicable really to
reconcile with those whose affection, after all, must be the surest hold of
our government, and which is a thousand times more worth to us than the
mercenary zeal of all the circles of Germany.
I can well conceive a country completely overrun, and miserably wasted,
without approaching in the least to settlement. In my apprehension, as long
as English government is attempted to be supported over Englishmen by the
sword alone, things will thus continue. I anticipate in my mind the moment
of the final triumph of foreign military force. When that hour arrives, (for it
may arrive,) then it is that all this mass of weakness and violence will
appear in its full light. If we should be expelled from America, the delusion
of the partisans of military government might still continue. They might still
which has been held for some time past, which, to say the best of it, is full
of levity. You know that I allude to the general cry against the cowardice of
the Americans, as if we despised them for not making the king's soldiery
purchase the advantage they have obtained at a dearer rate. It is not,
Gentlemen, it is not to respect the dispensations of Providence, nor to
provide any decent retreat in the mutability of human affairs. It leaves no
medium between insolent victory and infamous defeat. It tends to alienate
our minds further and further from our natural regards, and to make an
eternal rent and schism in the British nation. Those who do not wish for
such a separation would not dissolve that cement of reciprocal esteem and
regard which can alone bind together the parts of this great fabric. It ought
to be our wish, as it is our duty, not only to forbear this style of outrage
ourselves, but to make every one as sensible as we can of the impropriety
and unworthiness of the tempers which give rise to it, and which designing
men are laboring with such malignant industry to diffuse amongst us. It is
our business to counteract them, if possible,—if possible, to awake our
natural regards, and to revive the old partiality to the English name. Without
something of this kind I do not see how it is ever practicable really to
reconcile with those whose affection, after all, must be the surest hold of
our government, and which is a thousand times more worth to us than the
mercenary zeal of all the circles of Germany.
I can well conceive a country completely overrun, and miserably wasted,
without approaching in the least to settlement. In my apprehension, as long
as English government is attempted to be supported over Englishmen by the
sword alone, things will thus continue. I anticipate in my mind the moment
of the final triumph of foreign military force. When that hour arrives, (for it
may arrive,) then it is that all this mass of weakness and violence will
appear in its full light. If we should be expelled from America, the delusion
of the partisans of military government might still continue. They might still
Page 181
feed their imaginations with the possible good consequences which might
have attended success. Nobody could prove the contrary by facts. But in
case the sword should do all that the sword can do, the success of their arms
and the defeat of their policy will be one and the same thing. You will never
see any revenue from America. Some increase of the means of corruption,
without ease of the public burdens, is the very best that can happen. Is it for
this that we are at war,—and in such a war?
As to the difficulties of laying once more the foundations of that
government which, for the sake of conquering what was our own, has been
voluntarily and wantonly pulled down by a court faction here, I tremble to
look at them. Has any of these gentlemen who are so eager to govern all
mankind shown himself possessed of the first qualification towards
government, some knowledge of the object, and of the difficulties which
occur in the task they have undertaken?
I assure you, that, on the most prosperous issue of your arms, you will
not be where you stood when you called in war to supply the defects of
your political establishment. Nor would any disorder or disobedience to
government which could arise from the most abject concession on our part
ever equal those which will be felt after the most triumphant violence. You
have got all the intermediate evils of war into the bargain.
I think I know America,—if I do not, my ignorance is incurable, for I
have spared no pains to understand it,—and I do most solemnly assure
those of my constituents who put any sort of confidence in my industry and
integrity, that everything that has been done there has arisen from a total
misconception of the object: that our means of originally holding America,
that our means of reconciling with it after quarrel, of recovering it after
separation, of keeping it after victory, did depend, and must depend, in their
several stages and periods, upon a total renunciation of that unconditional
have attended success. Nobody could prove the contrary by facts. But in
case the sword should do all that the sword can do, the success of their arms
and the defeat of their policy will be one and the same thing. You will never
see any revenue from America. Some increase of the means of corruption,
without ease of the public burdens, is the very best that can happen. Is it for
this that we are at war,—and in such a war?
As to the difficulties of laying once more the foundations of that
government which, for the sake of conquering what was our own, has been
voluntarily and wantonly pulled down by a court faction here, I tremble to
look at them. Has any of these gentlemen who are so eager to govern all
mankind shown himself possessed of the first qualification towards
government, some knowledge of the object, and of the difficulties which
occur in the task they have undertaken?
I assure you, that, on the most prosperous issue of your arms, you will
not be where you stood when you called in war to supply the defects of
your political establishment. Nor would any disorder or disobedience to
government which could arise from the most abject concession on our part
ever equal those which will be felt after the most triumphant violence. You
have got all the intermediate evils of war into the bargain.
I think I know America,—if I do not, my ignorance is incurable, for I
have spared no pains to understand it,—and I do most solemnly assure
those of my constituents who put any sort of confidence in my industry and
integrity, that everything that has been done there has arisen from a total
misconception of the object: that our means of originally holding America,
that our means of reconciling with it after quarrel, of recovering it after
separation, of keeping it after victory, did depend, and must depend, in their
several stages and periods, upon a total renunciation of that unconditional
Page 182
submission which has taken such possession of the minds of violent men.
The whole of those maxims upon which we have made and continued this
war must be abandoned. Nothing, indeed, (for I would not deceive you,)
can place us in our former situation. That hope must be laid aside. But there
is a difference between bad and the worst of all. Terms relative to the cause
of the war ought to be offered by the authority of Parliament. An
arrangement at home promising some security for them ought to be made.
By doing this, without the least impairing of our strength, we add to the
credit of our moderation, which, in itself, is always strength more or less.
I know many have been taught to think that moderation in a case like this
is a sort of treason,—and that all arguments for it are sufficiently answered
by railing at rebels and rebellion, and by charging all the present or future
miseries which we may suffer on the resistance of our brethren. But I would
wish them, in this grave matter, and if peace is not wholly removed from
their hearts, to consider seriously, first, that to criminate and recriminate
never yet was the road to reconciliation, in any difference amongst men. In
the next place, it would be right to reflect that the American English (whom
they may abuse, if they think it honorable to revile the absent) can, as things
now stand, neither be provoked at our railing or bettered by our instruction.
All communication is cut off between us. But this we know with certainty,
that, though we cannot reclaim them, we may reform ourselves. If measures
of peace are necessary, they must begin somewhere; and a conciliatory
temper must precede and prepare every plan of reconciliation. Nor do I
conceive that we suffer anything by thus regulating our own minds. We are
not disarmed by being disencumbered of our passions. Declaiming on
rebellion never added a bayonet or a charge of powder to your military
force; but I am afraid that it has been the means of taking up many muskets
against you.
The whole of those maxims upon which we have made and continued this
war must be abandoned. Nothing, indeed, (for I would not deceive you,)
can place us in our former situation. That hope must be laid aside. But there
is a difference between bad and the worst of all. Terms relative to the cause
of the war ought to be offered by the authority of Parliament. An
arrangement at home promising some security for them ought to be made.
By doing this, without the least impairing of our strength, we add to the
credit of our moderation, which, in itself, is always strength more or less.
I know many have been taught to think that moderation in a case like this
is a sort of treason,—and that all arguments for it are sufficiently answered
by railing at rebels and rebellion, and by charging all the present or future
miseries which we may suffer on the resistance of our brethren. But I would
wish them, in this grave matter, and if peace is not wholly removed from
their hearts, to consider seriously, first, that to criminate and recriminate
never yet was the road to reconciliation, in any difference amongst men. In
the next place, it would be right to reflect that the American English (whom
they may abuse, if they think it honorable to revile the absent) can, as things
now stand, neither be provoked at our railing or bettered by our instruction.
All communication is cut off between us. But this we know with certainty,
that, though we cannot reclaim them, we may reform ourselves. If measures
of peace are necessary, they must begin somewhere; and a conciliatory
temper must precede and prepare every plan of reconciliation. Nor do I
conceive that we suffer anything by thus regulating our own minds. We are
not disarmed by being disencumbered of our passions. Declaiming on
rebellion never added a bayonet or a charge of powder to your military
force; but I am afraid that it has been the means of taking up many muskets
against you.
Page 183
This outrageous language, which has been encouraged and kept alive by
every art, has already done incredible mischief. For a long time, even
amidst the desolations of war, and the insults of hostile laws daily
accumulated on one another, the American leaders seem to have had the
greatest difficulty in bringing up their people to a declaration of total
independence. But the Court Gazette accomplished what the abettors of
independence had attempted in vain. When that disingenuous compilation
and strange medley of railing and flattery was adduced as a proof of the
united sentiments of the people of Great Britain, there was a great change
throughout all America. The tide of popular affection, which had still set
towards the parent country, began immediately to turn, and to flow with
great rapidity in a contrary course. Par from concealing these wild
declarations of enmity, the author of the celebrated pamphlet which
prepared the minds of the people for independence insists largely on the
multitude and the spirit of these addresses; and he draws an argument from
them, which, if the fact were as he supposes, must be irresistible. For I
never knew a writer on the theory of government so partial to authority as
not to allow that the hostile mind of the rulers to their people did fully
justify a change of government; nor can any reason whatever be given why
one people should voluntarily yield any degree of preëminence to another
but on a supposition of great affection and benevolence towards them.
Unfortunately, your rulers, trusting to other things, took no notice of this
great principle of connection. From the beginning of this affair, they have
done all they could to alienate your minds from your own kindred; and if
they could excite hatred enough in one of the parties towards the other, they
seemed to be of opinion that they had gone half the way towards
reconciling the quarrel.
I know it is said, that your kindness is only alienated on account of their
resistance, and therefore, if the colonies surrender at discretion, all sort of
regard, and even much indulgence, is meant towards them in future. But can
every art, has already done incredible mischief. For a long time, even
amidst the desolations of war, and the insults of hostile laws daily
accumulated on one another, the American leaders seem to have had the
greatest difficulty in bringing up their people to a declaration of total
independence. But the Court Gazette accomplished what the abettors of
independence had attempted in vain. When that disingenuous compilation
and strange medley of railing and flattery was adduced as a proof of the
united sentiments of the people of Great Britain, there was a great change
throughout all America. The tide of popular affection, which had still set
towards the parent country, began immediately to turn, and to flow with
great rapidity in a contrary course. Par from concealing these wild
declarations of enmity, the author of the celebrated pamphlet which
prepared the minds of the people for independence insists largely on the
multitude and the spirit of these addresses; and he draws an argument from
them, which, if the fact were as he supposes, must be irresistible. For I
never knew a writer on the theory of government so partial to authority as
not to allow that the hostile mind of the rulers to their people did fully
justify a change of government; nor can any reason whatever be given why
one people should voluntarily yield any degree of preëminence to another
but on a supposition of great affection and benevolence towards them.
Unfortunately, your rulers, trusting to other things, took no notice of this
great principle of connection. From the beginning of this affair, they have
done all they could to alienate your minds from your own kindred; and if
they could excite hatred enough in one of the parties towards the other, they
seemed to be of opinion that they had gone half the way towards
reconciling the quarrel.
I know it is said, that your kindness is only alienated on account of their
resistance, and therefore, if the colonies surrender at discretion, all sort of
regard, and even much indulgence, is meant towards them in future. But can
Page 184
those who are partisans for continuing a war to enforce such a surrender be
responsible (after all that has passed) for such a future use of a power that is
bound by no compacts and restrained by no terror? Will they tell us what
they call indulgences? Do they not at this instant call the present war and all
its horrors a lenient and merciful proceeding?
No conqueror that I ever heard of has professed to make a cruel, harsh,
and insolent use of his conquest. No! The man of the most declared pride
scarcely dares to trust his own heart with this dreadful secret of ambition.
But it will appear in its time; and no man who professes to reduce another
to the insolent mercy of a foreign arm ever had any sort of good-will
towards him. The profession of kindness, with that sword in his hand, and
that demand of surrender, is one of the most provoking acts of his hostility.
I shall be told that all this is lenient as against rebellious adversaries. But
are the leaders of their faction more lenient to those who submit? Lord
Howe and General Howe have powers, under an act of Parliament, to
restore to the king's peace and to free trade any men or district which shall
submit. Is this done? We have been over and over informed by the
authorized gazette, that the city of New York and the countries of Staten and
Long Island have submitted voluntarily and cheerfully, and that many are
very full of zeal to the cause of administration. Were they instantly restored
to trade? Are they yet restored to it? Is not the benignity of two
commissioners, naturally most humane and generous men, some way
fettered by instructions, equally against their dispositions and the spirit of
Parliamentary faith, when Mr. Tryon, vaunting of the fidelity of the city in
which he is governor, is obliged to apply to ministry for leave to protect the
King's loyal subjects, and to grant to them, not the disputed rights and
privileges of freedom, but the common rights of men, by the name of
graces? Why do not the commissioners restore them on the spot? Were they
not named as commissioners for that express purpose? But we see well
enough to what the whole leads. The trade of America is to be dealt out in
responsible (after all that has passed) for such a future use of a power that is
bound by no compacts and restrained by no terror? Will they tell us what
they call indulgences? Do they not at this instant call the present war and all
its horrors a lenient and merciful proceeding?
No conqueror that I ever heard of has professed to make a cruel, harsh,
and insolent use of his conquest. No! The man of the most declared pride
scarcely dares to trust his own heart with this dreadful secret of ambition.
But it will appear in its time; and no man who professes to reduce another
to the insolent mercy of a foreign arm ever had any sort of good-will
towards him. The profession of kindness, with that sword in his hand, and
that demand of surrender, is one of the most provoking acts of his hostility.
I shall be told that all this is lenient as against rebellious adversaries. But
are the leaders of their faction more lenient to those who submit? Lord
Howe and General Howe have powers, under an act of Parliament, to
restore to the king's peace and to free trade any men or district which shall
submit. Is this done? We have been over and over informed by the
authorized gazette, that the city of New York and the countries of Staten and
Long Island have submitted voluntarily and cheerfully, and that many are
very full of zeal to the cause of administration. Were they instantly restored
to trade? Are they yet restored to it? Is not the benignity of two
commissioners, naturally most humane and generous men, some way
fettered by instructions, equally against their dispositions and the spirit of
Parliamentary faith, when Mr. Tryon, vaunting of the fidelity of the city in
which he is governor, is obliged to apply to ministry for leave to protect the
King's loyal subjects, and to grant to them, not the disputed rights and
privileges of freedom, but the common rights of men, by the name of
graces? Why do not the commissioners restore them on the spot? Were they
not named as commissioners for that express purpose? But we see well
enough to what the whole leads. The trade of America is to be dealt out in
Page 185
private indulgences and grants,—that is, in jobs to recompense the
incendiaries of war. They will be informed of the proper time in which to
send out their merchandise. From a national, the American trade is to be
turned into a personal monopoly, and one set of merchants are to be
rewarded for the pretended zeal of which another set are the dupes; and
thus, between craft and credulity, the voice of reason is stifled, and all the
misconduct, all the calamities of the war are covered and continued.
If I had not lived long enough to be little surprised at anything, I should
have been in some degree astonished at the continued rage of several
gentlemen, who, not satisfied with carrying fire and sword into America,
are animated nearly with the same fury against those neighbors of theirs
whose only crime it is, that they have charitably and humanely wished them
to entertain more reasonable sentiments, and not always to sacrifice their
interest to their passion. All this rage against unresisting dissent convinces
me, that, at bottom, they are far from satisfied they are in the right. For what
is it they would have? A war? They certainly have at this moment the
blessing of something that is very like one; and if the war they enjoy at
present be not sufficiently hot and extensive, they may shortly have it as
warm and as spreading as their hearts can desire. Is it the force of the
kingdom they call for? They have it already; and if they choose to fight
their battles in their own person, nobody prevents their setting sail to
America in the next transports. Do they think that the service is stinted for
want of liberal supplies? Indeed they complain without reason. The table of
the House of Commons will glut them, let their appetite for expense be
never so keen. And I assure them further, that those who think with them in
the House of Commons are full as easy in the control as they are liberal in
the vote of these expenses. If this be not supply or confidence sufficient, let
them open their own private purse-strings, and give, from what is left to
them, as largely and with as little care as they think proper.
incendiaries of war. They will be informed of the proper time in which to
send out their merchandise. From a national, the American trade is to be
turned into a personal monopoly, and one set of merchants are to be
rewarded for the pretended zeal of which another set are the dupes; and
thus, between craft and credulity, the voice of reason is stifled, and all the
misconduct, all the calamities of the war are covered and continued.
If I had not lived long enough to be little surprised at anything, I should
have been in some degree astonished at the continued rage of several
gentlemen, who, not satisfied with carrying fire and sword into America,
are animated nearly with the same fury against those neighbors of theirs
whose only crime it is, that they have charitably and humanely wished them
to entertain more reasonable sentiments, and not always to sacrifice their
interest to their passion. All this rage against unresisting dissent convinces
me, that, at bottom, they are far from satisfied they are in the right. For what
is it they would have? A war? They certainly have at this moment the
blessing of something that is very like one; and if the war they enjoy at
present be not sufficiently hot and extensive, they may shortly have it as
warm and as spreading as their hearts can desire. Is it the force of the
kingdom they call for? They have it already; and if they choose to fight
their battles in their own person, nobody prevents their setting sail to
America in the next transports. Do they think that the service is stinted for
want of liberal supplies? Indeed they complain without reason. The table of
the House of Commons will glut them, let their appetite for expense be
never so keen. And I assure them further, that those who think with them in
the House of Commons are full as easy in the control as they are liberal in
the vote of these expenses. If this be not supply or confidence sufficient, let
them open their own private purse-strings, and give, from what is left to
them, as largely and with as little care as they think proper.
Page 186
Tolerated in their passions, let them learn not to persecute the moderation
of their fellow-citizens. If all the world joined them in a full cry against
rebellion, and were as hotly inflamed against the whole theory and
enjoyment of freedom as those who are the most factious for servitude, it
could not, in my opinion, answer any one end whatsoever in this contest.
The leaders of this war could not hire (to gratify their friends) one German
more than they do, or inspire him with less feeling for the persons or less
value for the privileges of their revolted brethren. If we all adopted their
sentiments to a man, their allies, the savage Indians, could not be more
ferocious than they are: they could not murder one more helpless woman or
child, or with more exquisite refinements of cruelty torment to death one
more of their English flesh and blood, than they do already. The public
money is given to purchase this alliance;—and they have their bargain.
They are continually boasting of unanimity, or calling for it. But before
this unanimity can be matter either of wish or congratulation, we ought to
be pretty sure that we are engaged in a rational pursuit. Frenzy does not
become a slighter distemper on account of the number of those who may be
infected with it. Delusion and weakness produce not one mischief the less
because they are universal. I declare that I cannot discern the least
advantage which could accrue to us, if we were able to persuade our
colonies that they had not a single friend in Great Britain. On the contrary,
if the affections and opinions of mankind be not exploded as principles of
connection, I conceive it would be happy for us, if they were taught to
believe that there was even a formed American party in England, to whom
they could always look for support. Happy would it be for us, if, in all
tempers, they might turn their eyes to the parent state, so that their very
turbulence and sedition should find vent in no other place than this! I
believe there is not a man (except those who prefer the interest of some
paltry faction to the very being of their country) who would not wish that
the Americans should from time to time carry many points, and even some
of their fellow-citizens. If all the world joined them in a full cry against
rebellion, and were as hotly inflamed against the whole theory and
enjoyment of freedom as those who are the most factious for servitude, it
could not, in my opinion, answer any one end whatsoever in this contest.
The leaders of this war could not hire (to gratify their friends) one German
more than they do, or inspire him with less feeling for the persons or less
value for the privileges of their revolted brethren. If we all adopted their
sentiments to a man, their allies, the savage Indians, could not be more
ferocious than they are: they could not murder one more helpless woman or
child, or with more exquisite refinements of cruelty torment to death one
more of their English flesh and blood, than they do already. The public
money is given to purchase this alliance;—and they have their bargain.
They are continually boasting of unanimity, or calling for it. But before
this unanimity can be matter either of wish or congratulation, we ought to
be pretty sure that we are engaged in a rational pursuit. Frenzy does not
become a slighter distemper on account of the number of those who may be
infected with it. Delusion and weakness produce not one mischief the less
because they are universal. I declare that I cannot discern the least
advantage which could accrue to us, if we were able to persuade our
colonies that they had not a single friend in Great Britain. On the contrary,
if the affections and opinions of mankind be not exploded as principles of
connection, I conceive it would be happy for us, if they were taught to
believe that there was even a formed American party in England, to whom
they could always look for support. Happy would it be for us, if, in all
tempers, they might turn their eyes to the parent state, so that their very
turbulence and sedition should find vent in no other place than this! I
believe there is not a man (except those who prefer the interest of some
paltry faction to the very being of their country) who would not wish that
the Americans should from time to time carry many points, and even some
Page 187
of them not quite reasonable, by the aid of any denomination of men here,
rather than they should be driven to seek for protection against the fury of
foreign mercenaries and the waste of savages in the arms of France.
When any community is subordinately connected with another, the great
danger of the connection is the extreme pride and self-complacency of the
superior, which in all matters of controversy will probably decide in its own
favor. It is a powerful corrective to such a very rational cause of fear, if the
inferior body can be made to believe that the party inclination or political
views of several in the principal state will induce them in some degree to
counteract this blind and tyrannical partiality. There is no danger that any
one acquiring consideration or power in the presiding state should carry this
leaning to the inferior too far. The fault of human nature is not of that sort.
Power, in whatever hands, is rarely guilty of too strict limitations on itself.
But one great advantage to the support of authority attends such an
amicable and protecting connection: that those who have conferred favors
obtain influence, and from the foresight of future events can persuade men
who have received obligations sometimes to return them. Thus, by the
mediation of those healing principles, (call them good or evil,) troublesome
discussions are brought to some sort of adjustment, and every hot
controversy is not a civil war.
But, if the colonies (to bring the general matter home to us) could see that
in Great Britain the mass of the people is melted into its government, and
that every dispute with the ministry must of necessity be always a quarrel
with the nation, they can stand no longer in the equal and friendly relation
of fellow-citizens to the subjects of this kingdom. Humble as this relation
may appear to some, when it is once broken, a strong tie is dissolved. Other
sort of connections will be sought. For there are very few in the world who
will not prefer an useful ally to an insolent master.
rather than they should be driven to seek for protection against the fury of
foreign mercenaries and the waste of savages in the arms of France.
When any community is subordinately connected with another, the great
danger of the connection is the extreme pride and self-complacency of the
superior, which in all matters of controversy will probably decide in its own
favor. It is a powerful corrective to such a very rational cause of fear, if the
inferior body can be made to believe that the party inclination or political
views of several in the principal state will induce them in some degree to
counteract this blind and tyrannical partiality. There is no danger that any
one acquiring consideration or power in the presiding state should carry this
leaning to the inferior too far. The fault of human nature is not of that sort.
Power, in whatever hands, is rarely guilty of too strict limitations on itself.
But one great advantage to the support of authority attends such an
amicable and protecting connection: that those who have conferred favors
obtain influence, and from the foresight of future events can persuade men
who have received obligations sometimes to return them. Thus, by the
mediation of those healing principles, (call them good or evil,) troublesome
discussions are brought to some sort of adjustment, and every hot
controversy is not a civil war.
But, if the colonies (to bring the general matter home to us) could see that
in Great Britain the mass of the people is melted into its government, and
that every dispute with the ministry must of necessity be always a quarrel
with the nation, they can stand no longer in the equal and friendly relation
of fellow-citizens to the subjects of this kingdom. Humble as this relation
may appear to some, when it is once broken, a strong tie is dissolved. Other
sort of connections will be sought. For there are very few in the world who
will not prefer an useful ally to an insolent master.
Page 188
Such discord has been the effect of the unanimity into which so many
have of late been seduced or bullied, or into the appearance of which they
have sunk through mere despair. They have been told that their dissent from
violent measures is an encouragement to rebellion. Men of great
presumption and little knowledge will hold a language which is
contradicted by the whole course of history. General rebellions and revolts
of an whole people never were encouraged, now or at any time. They are
always provoked. But if this unheard-of doctrine of the encouragement of
rebellion were true, if it were true that an assurance of the friendship of
numbers in this country towards the colonies could become an
encouragement to them to break off all connection with it, what is the
inference? Does anybody seriously maintain, that, charged with my share of
the public councils, I am obliged not to resist projects which I think
mischievous, lest men who suffer should be encouraged to resist? The very
tendency of such projects to produce rebellion is one of the chief reasons
against them. Shall that reason not be given? Is it, then, a rule, that no man
in this nation shall open his mouth in favor of the colonies, shall defend
their rights, or complain of their sufferings,—or when war finally breaks
out, no man shall express his desires of peace? Has this been the law of our
past, or is it to be the terms of our future connection? Even looking no
further than ourselves, can it be true loyalty to any government, or true
patriotism towards any country, to degrade their solemn councils into
servile drawing-rooms, to flatter their pride and passions rather than to
enlighten their reason, and to prevent them from being cautioned against
violence lest others should be encouraged to resistance? By such
acquiescence great kings and mighty nations have been undone; and if any
are at this day in a perilous situation from rejecting truth and listening to
flattery, it would rather become them to reform the errors under which they
suffer than to reproach those who forewarned them of their danger.
have of late been seduced or bullied, or into the appearance of which they
have sunk through mere despair. They have been told that their dissent from
violent measures is an encouragement to rebellion. Men of great
presumption and little knowledge will hold a language which is
contradicted by the whole course of history. General rebellions and revolts
of an whole people never were encouraged, now or at any time. They are
always provoked. But if this unheard-of doctrine of the encouragement of
rebellion were true, if it were true that an assurance of the friendship of
numbers in this country towards the colonies could become an
encouragement to them to break off all connection with it, what is the
inference? Does anybody seriously maintain, that, charged with my share of
the public councils, I am obliged not to resist projects which I think
mischievous, lest men who suffer should be encouraged to resist? The very
tendency of such projects to produce rebellion is one of the chief reasons
against them. Shall that reason not be given? Is it, then, a rule, that no man
in this nation shall open his mouth in favor of the colonies, shall defend
their rights, or complain of their sufferings,—or when war finally breaks
out, no man shall express his desires of peace? Has this been the law of our
past, or is it to be the terms of our future connection? Even looking no
further than ourselves, can it be true loyalty to any government, or true
patriotism towards any country, to degrade their solemn councils into
servile drawing-rooms, to flatter their pride and passions rather than to
enlighten their reason, and to prevent them from being cautioned against
violence lest others should be encouraged to resistance? By such
acquiescence great kings and mighty nations have been undone; and if any
are at this day in a perilous situation from rejecting truth and listening to
flattery, it would rather become them to reform the errors under which they
suffer than to reproach those who forewarned them of their danger.
Page 189
But the rebels looked for assistance from this country.—They did so, in
the beginning of this controversy, most certainly; and they sought it by
earnest supplications to government, which dignity rejected, and by a
suspension of commerce, which the wealth of this nation enabled you to
despise. When they found that neither prayers nor menaces had any sort of
weight, but that a firm resolution was taken to reduce them to unconditional
obedience by a military force, they came to the last extremity. Despairing of
us, they trusted in themselves. Not strong enough themselves, they sought
succor in France. In proportion as all encouragement here lessened, their
distance from this country increased. The encouragement is over; the
alienation is complete.
In order to produce this favorite unanimity in delusion, and to prevent all
possibility of a return to our ancient happy concord, arguments for our
continuance in this course are drawn from the wretched situation itself into
which we have been betrayed. It is said, that, being at war with the colonies,
whatever our sentiments might have been before, all ties between us are
now dissolved, and all the policy we have left is to strengthen the hands of
government to reduce them. On the principle of this argument, the more
mischiefs we suffer from any administration, the more our trust in it is to be
confirmed. Let them but once get us into a war, and then their power is safe,
and an act of oblivion passed for all their misconduct.
But is it really true that government is always to be strengthened with the
instruments of war, but never furnished with the means of peace? In former
times, ministers, I allow, have been sometimes driven by the popular voice
to assert by arms the national honor against foreign powers. But the wisdom
of the nation has been far more clear, when those ministers have been
compelled to consult its interests by treaty. We all know that the sense of the
nation obliged the court of Charles the Second to abandon the Dutch war: a
war, next to the present, the most impolitic which we ever carried on. The
the beginning of this controversy, most certainly; and they sought it by
earnest supplications to government, which dignity rejected, and by a
suspension of commerce, which the wealth of this nation enabled you to
despise. When they found that neither prayers nor menaces had any sort of
weight, but that a firm resolution was taken to reduce them to unconditional
obedience by a military force, they came to the last extremity. Despairing of
us, they trusted in themselves. Not strong enough themselves, they sought
succor in France. In proportion as all encouragement here lessened, their
distance from this country increased. The encouragement is over; the
alienation is complete.
In order to produce this favorite unanimity in delusion, and to prevent all
possibility of a return to our ancient happy concord, arguments for our
continuance in this course are drawn from the wretched situation itself into
which we have been betrayed. It is said, that, being at war with the colonies,
whatever our sentiments might have been before, all ties between us are
now dissolved, and all the policy we have left is to strengthen the hands of
government to reduce them. On the principle of this argument, the more
mischiefs we suffer from any administration, the more our trust in it is to be
confirmed. Let them but once get us into a war, and then their power is safe,
and an act of oblivion passed for all their misconduct.
But is it really true that government is always to be strengthened with the
instruments of war, but never furnished with the means of peace? In former
times, ministers, I allow, have been sometimes driven by the popular voice
to assert by arms the national honor against foreign powers. But the wisdom
of the nation has been far more clear, when those ministers have been
compelled to consult its interests by treaty. We all know that the sense of the
nation obliged the court of Charles the Second to abandon the Dutch war: a
war, next to the present, the most impolitic which we ever carried on. The
Page 190
good people of England considered Holland as a sort of dependency on this
kingdom; they dreaded to drive it to the protection or subject it to the power
of France by their own inconsiderate hostility. They paid but little respect to
the court jargon of that day; nor were they inflamed by the pretended
rivalship of the Dutch in trade,—by the massacre at Amboyna, acted on the
stage to provoke the public vengeance,—nor by declamations against the
ingratitude of the United Provinces for the benefits England had conferred
upon them in their infant state. They were not moved from their evident
interest by all these arts; nor was it enough to tell them, they were at war,
that they must go through with it, and that the cause of the dispute was lost
in the consequences. The people of England were then, as they are now,
called upon to make government strong. They thought it a great deal better
to make it wise and honest.
When I was amongst my constituents at the last summer assizes, I
remember that men of all descriptions did then express a very strong desire
for peace, and no slight hopes of attaining it from the commission sent out
by my Lord Howe. And it is not a little remarkable, that, in proportion as
every person showed a zeal for the court measures, he was then earnest in
circulating an opinion of the extent of the supposed powers of that
commission. When I told them that Lord Howe had no powers to treat, or to
promise satisfaction on any point whatsoever of the controversy, I was
hardly credited,—so strong and general was the desire of terminating this
war by the method of accommodation. As far as I could discover, this was
the temper then prevalent through the kingdom. The king's forces, it must
be observed, had at that time been obliged to evacuate Boston. The
superiority of the former campaign rested wholly with the colonists. If such
powers of treaty were to be wished whilst success was very doubtful, how
came they to be less so, since his Majesty's arms have been crowned with
many considerable advantages? Have these successes induced us to alter
our mind, as thinking the season of victory not the time for treating with
kingdom; they dreaded to drive it to the protection or subject it to the power
of France by their own inconsiderate hostility. They paid but little respect to
the court jargon of that day; nor were they inflamed by the pretended
rivalship of the Dutch in trade,—by the massacre at Amboyna, acted on the
stage to provoke the public vengeance,—nor by declamations against the
ingratitude of the United Provinces for the benefits England had conferred
upon them in their infant state. They were not moved from their evident
interest by all these arts; nor was it enough to tell them, they were at war,
that they must go through with it, and that the cause of the dispute was lost
in the consequences. The people of England were then, as they are now,
called upon to make government strong. They thought it a great deal better
to make it wise and honest.
When I was amongst my constituents at the last summer assizes, I
remember that men of all descriptions did then express a very strong desire
for peace, and no slight hopes of attaining it from the commission sent out
by my Lord Howe. And it is not a little remarkable, that, in proportion as
every person showed a zeal for the court measures, he was then earnest in
circulating an opinion of the extent of the supposed powers of that
commission. When I told them that Lord Howe had no powers to treat, or to
promise satisfaction on any point whatsoever of the controversy, I was
hardly credited,—so strong and general was the desire of terminating this
war by the method of accommodation. As far as I could discover, this was
the temper then prevalent through the kingdom. The king's forces, it must
be observed, had at that time been obliged to evacuate Boston. The
superiority of the former campaign rested wholly with the colonists. If such
powers of treaty were to be wished whilst success was very doubtful, how
came they to be less so, since his Majesty's arms have been crowned with
many considerable advantages? Have these successes induced us to alter
our mind, as thinking the season of victory not the time for treating with
Page 191
honor or advantage? Whatever changes have happened in the national
character, it can scarcely be our wish that terms of accommodation never
should be proposed to our enemy, except when they must be attributed
solely to our fears. It has happened, let me say unfortunately, that we read
of his Majesty's commission for making peace, and his troops evacuating
his last town in the Thirteen Colonies, at the same hour and in the same
gazette. It was still more unfortunate that no commission went to America
to settle the troubles there, until several months after an act had been passed
to put the colonies out of the protection of this government, and to divide
their trading property, without a possibility of restitution, as spoil among the
seamen of the navy. The most abject submission on the part of the colonies
could not redeem them. There was no man on that whole continent, or
within three thousand miles of it, qualified by law to follow allegiance with
protection or submission with pardon. A proceeding of this kind has no
example in history. Independency, and independency with an enmity,
(which, putting ourselves out of the question, would be called natural and
much provoked,) was the inevitable consequence. How this came to pass
the nation may be one day in an humor to inquire.
All the attempts made this session to give fuller powers of peace to the
commanders in America were stifled by the fatal confidence of victory and
the wild hopes of unconditional submission. There was a moment favorable
to the king's arms, when, if any powers of concession had existed on the
other side of the Atlantic, even after all our errors, peace in all probability
might have been restored. But calamity is unhappily the usual season of
reflection; and the pride of men will not often suffer reason to have any
scope, until it can be no longer of service.
I have always wished, that as the dispute had its apparent origin from
things done in Parliament, and as the acts passed there had provoked the
war, that the foundations of peace should be laid in Parliament also. I have
character, it can scarcely be our wish that terms of accommodation never
should be proposed to our enemy, except when they must be attributed
solely to our fears. It has happened, let me say unfortunately, that we read
of his Majesty's commission for making peace, and his troops evacuating
his last town in the Thirteen Colonies, at the same hour and in the same
gazette. It was still more unfortunate that no commission went to America
to settle the troubles there, until several months after an act had been passed
to put the colonies out of the protection of this government, and to divide
their trading property, without a possibility of restitution, as spoil among the
seamen of the navy. The most abject submission on the part of the colonies
could not redeem them. There was no man on that whole continent, or
within three thousand miles of it, qualified by law to follow allegiance with
protection or submission with pardon. A proceeding of this kind has no
example in history. Independency, and independency with an enmity,
(which, putting ourselves out of the question, would be called natural and
much provoked,) was the inevitable consequence. How this came to pass
the nation may be one day in an humor to inquire.
All the attempts made this session to give fuller powers of peace to the
commanders in America were stifled by the fatal confidence of victory and
the wild hopes of unconditional submission. There was a moment favorable
to the king's arms, when, if any powers of concession had existed on the
other side of the Atlantic, even after all our errors, peace in all probability
might have been restored. But calamity is unhappily the usual season of
reflection; and the pride of men will not often suffer reason to have any
scope, until it can be no longer of service.
I have always wished, that as the dispute had its apparent origin from
things done in Parliament, and as the acts passed there had provoked the
war, that the foundations of peace should be laid in Parliament also. I have
Page 192
been astonished to find that those whose zeal for the dignity of our body
was so hot as to light up the flames of civil war should even publicly
declare that these delicate points ought to be wholly left to the crown.
Poorly as I may be thought affected to the authority of Parliament, I shall
never admit that our constitutional rights can ever become a matter of
ministerial negotiation.
I am charged with being an American. If warm affection towards those
over whom I claim any share of authority be a crime, I am guilty of this
charge. But I do assure you, (and they who know me publicly and privately
will bear witness to me,) that, if ever one man lived more zealous than
another for the supremacy of Parliament and the rights of this imperial
crown, it was myself. Many others, indeed, might be more knowing in the
extent of the foundation of these rights. I do not pretend to be an antiquary,
a lawyer, or qualified for the chair of professor in metaphysics. I never
ventured to put your solid interests upon speculative grounds. My having
constantly declined to do so has been attributed to my incapacity for such
disquisitions; and I am inclined to believe it is partly the cause. I never shall
be ashamed to confess, that, where I am ignorant, I am diffident. I am,
indeed, not very solicitous to clear myself of this imputed incapacity;
because men even less conversant than I am in this kind of subtleties, and
placed in stations to which I ought not to aspire, have, by the mere force of
civil discretion, often conducted the affairs of great nations with
distinguished felicity and glory.
When I first came into a public trust, I found your Parliament in
possession of an unlimited legislative power over the colonies. I could not
open the statute-book without seeing the actual exercise of it, more or less,
in all cases whatsoever. This possession passed with me for a title. It does
so in all human affairs. No man examines into the defects of his title to his
paternal estate or to his established government. Indeed, common sense
was so hot as to light up the flames of civil war should even publicly
declare that these delicate points ought to be wholly left to the crown.
Poorly as I may be thought affected to the authority of Parliament, I shall
never admit that our constitutional rights can ever become a matter of
ministerial negotiation.
I am charged with being an American. If warm affection towards those
over whom I claim any share of authority be a crime, I am guilty of this
charge. But I do assure you, (and they who know me publicly and privately
will bear witness to me,) that, if ever one man lived more zealous than
another for the supremacy of Parliament and the rights of this imperial
crown, it was myself. Many others, indeed, might be more knowing in the
extent of the foundation of these rights. I do not pretend to be an antiquary,
a lawyer, or qualified for the chair of professor in metaphysics. I never
ventured to put your solid interests upon speculative grounds. My having
constantly declined to do so has been attributed to my incapacity for such
disquisitions; and I am inclined to believe it is partly the cause. I never shall
be ashamed to confess, that, where I am ignorant, I am diffident. I am,
indeed, not very solicitous to clear myself of this imputed incapacity;
because men even less conversant than I am in this kind of subtleties, and
placed in stations to which I ought not to aspire, have, by the mere force of
civil discretion, often conducted the affairs of great nations with
distinguished felicity and glory.
When I first came into a public trust, I found your Parliament in
possession of an unlimited legislative power over the colonies. I could not
open the statute-book without seeing the actual exercise of it, more or less,
in all cases whatsoever. This possession passed with me for a title. It does
so in all human affairs. No man examines into the defects of his title to his
paternal estate or to his established government. Indeed, common sense
Page 193
taught me that a legislative authority not actually limited by the express
terms of its foundation, or by its own subsequent acts, cannot have its
powers parcelled out by argumentative distinctions, so as to enable us to say
that here they can and there they cannot bind. Nobody was so obliging as to
produce to me any record of such distinctions, by compact or otherwise,
either at the successive formation of the several colonies or during the
existence of any of them. If any gentlemen were able to see how one power
could be given up (merely on abstract reasoning) without giving up the rest,
I can only say that they saw further than I could. Nor did I ever presume to
condemn any one for being clear-sighted when I was blind. I praise their
penetration and learning, and hope that their practice has been
correspondent to their theory.
I had, indeed, very earnest wishes to keep the whole body of this
authority perfect and entire as I found it,—and to keep it so, not for our
advantage solely, but principally for the sake of those on whose account all
just authority exists: I mean the people to be governed. For I thought I saw
that many cases might well happen in which the exercise of every power
comprehended in the broadest idea of legislature might become, in its time
and circumstances, not a little expedient for the peace and union of the
colonies amongst themselves, as well as for their perfect harmony with
Great Britain. Thinking so, (perhaps erroneously, but being honestly of that
opinion,) I was at the same time very sure that the authority of which I was
so jealous could not, under the actual circumstances of our plantations, be at
all preserved in any of its members, but by the greatest reserve in its
application, particularly in those delicate points in which the feelings of
mankind are the most irritable. They who thought otherwise have found a
few more difficulties in their work than (I hope) they were thoroughly
aware of, when they undertook the present business. I must beg leave to
observe, that it is not only the invidious branch of taxation that will be
resisted, but that no other given part of legislative rights can be exercised,
terms of its foundation, or by its own subsequent acts, cannot have its
powers parcelled out by argumentative distinctions, so as to enable us to say
that here they can and there they cannot bind. Nobody was so obliging as to
produce to me any record of such distinctions, by compact or otherwise,
either at the successive formation of the several colonies or during the
existence of any of them. If any gentlemen were able to see how one power
could be given up (merely on abstract reasoning) without giving up the rest,
I can only say that they saw further than I could. Nor did I ever presume to
condemn any one for being clear-sighted when I was blind. I praise their
penetration and learning, and hope that their practice has been
correspondent to their theory.
I had, indeed, very earnest wishes to keep the whole body of this
authority perfect and entire as I found it,—and to keep it so, not for our
advantage solely, but principally for the sake of those on whose account all
just authority exists: I mean the people to be governed. For I thought I saw
that many cases might well happen in which the exercise of every power
comprehended in the broadest idea of legislature might become, in its time
and circumstances, not a little expedient for the peace and union of the
colonies amongst themselves, as well as for their perfect harmony with
Great Britain. Thinking so, (perhaps erroneously, but being honestly of that
opinion,) I was at the same time very sure that the authority of which I was
so jealous could not, under the actual circumstances of our plantations, be at
all preserved in any of its members, but by the greatest reserve in its
application, particularly in those delicate points in which the feelings of
mankind are the most irritable. They who thought otherwise have found a
few more difficulties in their work than (I hope) they were thoroughly
aware of, when they undertook the present business. I must beg leave to
observe, that it is not only the invidious branch of taxation that will be
resisted, but that no other given part of legislative rights can be exercised,
Page 194
without regard to the general opinion of those who are to be governed. That
general opinion is the vehicle and organ of legislative omnipotence.
Without this, it may be a theory to entertain the mind, but it is nothing in the
direction of affairs. The completeness of the legislative authority of
Parliament over this kingdom is not questioned; and yet many things
indubitably included in the abstract idea of that power, and which carry no
absolute injustice in themselves, yet being contrary to the opinions and
feelings of the people, can as little be exercised as if Parliament in that case
had been possessed of no right at all. I see no abstract reason, which can be
given, why the same power which made and repealed the High Commission
Court and the Star-Chamber might not revive them again; and these courts,
warned by their former fate, might possibly exercise their powers with
some degree of justice. But the madness would be as unquestionable as the
competence of that Parliament which should attempt such things. If
anything can be supposed out of the power of human legislature, it is
religion; I admit, however, that the established religion of this country has
been three or four times altered by act of Parliament, and therefore that a
statute binds even in that case. But we may very safely affirm, that,
notwithstanding this apparent omnipotence, it would be now found as
impossible for King and Parliament to alter the established religion of this
country as it was to King James alone, when he attempted to make such an
alteration without a Parliament. In effect, to follow, not to force, the public
inclination,—to give a direction, a form, a technical dress, and a specific
sanction, to the general sense of the community, is the true end of
legislature.
It is so with regard to the exercise of all the powers which our
Constitution knows in any of its parts, and indeed to the substantial
existence of any of the parts themselves. The king's negative to bills is one
of the most indisputed of the royal prerogatives; and it extends to all cases
whatsoever. I am far from certain, that if several laws, which I know, had
general opinion is the vehicle and organ of legislative omnipotence.
Without this, it may be a theory to entertain the mind, but it is nothing in the
direction of affairs. The completeness of the legislative authority of
Parliament over this kingdom is not questioned; and yet many things
indubitably included in the abstract idea of that power, and which carry no
absolute injustice in themselves, yet being contrary to the opinions and
feelings of the people, can as little be exercised as if Parliament in that case
had been possessed of no right at all. I see no abstract reason, which can be
given, why the same power which made and repealed the High Commission
Court and the Star-Chamber might not revive them again; and these courts,
warned by their former fate, might possibly exercise their powers with
some degree of justice. But the madness would be as unquestionable as the
competence of that Parliament which should attempt such things. If
anything can be supposed out of the power of human legislature, it is
religion; I admit, however, that the established religion of this country has
been three or four times altered by act of Parliament, and therefore that a
statute binds even in that case. But we may very safely affirm, that,
notwithstanding this apparent omnipotence, it would be now found as
impossible for King and Parliament to alter the established religion of this
country as it was to King James alone, when he attempted to make such an
alteration without a Parliament. In effect, to follow, not to force, the public
inclination,—to give a direction, a form, a technical dress, and a specific
sanction, to the general sense of the community, is the true end of
legislature.
It is so with regard to the exercise of all the powers which our
Constitution knows in any of its parts, and indeed to the substantial
existence of any of the parts themselves. The king's negative to bills is one
of the most indisputed of the royal prerogatives; and it extends to all cases
whatsoever. I am far from certain, that if several laws, which I know, had
Page 195
fallen under the stroke of that sceptre, that the public would have had a very
heavy loss. But it is not the propriety of the exercise which is in question.
The exercise itself is wisely forborne. Its repose may be the preservation of
its existence; and its existence may be the means of saying the Constitution
itself, on an occasion worthy of bringing it forth.
As the disputants whose accurate and logical reasonings have brought us
into our present condition think it absurd that powers or members of any
constitution should exist, rarely, if ever, to be exercised, I hope I shall be
excused in mentioning another instance that is material. We know that the
Convocation of the Clergy had formerly been called, and sat with nearly as
much regularity to business as Parliament itself. It is now called for form
only. It sits for the purpose of making some polite ecclesiastical
compliments to the king, and, when that grace is said, retires and is heard of
no more. It is, however, a part of the Constitution, and may be called out
into act and energy, whenever there is occasion, and whenever those who
conjure up that spirit will choose to abide the consequences. It is wise to
permit its legal existence: it is much wiser to continue it a legal existence
only. So truly has prudence (constituted as the god of this lower world) the
entire dominion over every exercise of power committed into its hands!
And yet I have lived to see prudence and conformity to circumstances
wholly set at nought in our late controversies, and treated as if they were the
most contemptible and irrational of all things. I have heard it an hundred
times very gravely alleged, that, in order to keep power in wind, it was
necessary, by preference, to exert it in those very points in which it was
most likely to be resisted and the least likely to be productive of any
advantage.
These were the considerations, Gentlemen, which led me early to think,
that, in the comprehensive dominion which the Divine Providence had put
into our hands, instead of troubling our understandings with speculations
heavy loss. But it is not the propriety of the exercise which is in question.
The exercise itself is wisely forborne. Its repose may be the preservation of
its existence; and its existence may be the means of saying the Constitution
itself, on an occasion worthy of bringing it forth.
As the disputants whose accurate and logical reasonings have brought us
into our present condition think it absurd that powers or members of any
constitution should exist, rarely, if ever, to be exercised, I hope I shall be
excused in mentioning another instance that is material. We know that the
Convocation of the Clergy had formerly been called, and sat with nearly as
much regularity to business as Parliament itself. It is now called for form
only. It sits for the purpose of making some polite ecclesiastical
compliments to the king, and, when that grace is said, retires and is heard of
no more. It is, however, a part of the Constitution, and may be called out
into act and energy, whenever there is occasion, and whenever those who
conjure up that spirit will choose to abide the consequences. It is wise to
permit its legal existence: it is much wiser to continue it a legal existence
only. So truly has prudence (constituted as the god of this lower world) the
entire dominion over every exercise of power committed into its hands!
And yet I have lived to see prudence and conformity to circumstances
wholly set at nought in our late controversies, and treated as if they were the
most contemptible and irrational of all things. I have heard it an hundred
times very gravely alleged, that, in order to keep power in wind, it was
necessary, by preference, to exert it in those very points in which it was
most likely to be resisted and the least likely to be productive of any
advantage.
These were the considerations, Gentlemen, which led me early to think,
that, in the comprehensive dominion which the Divine Providence had put
into our hands, instead of troubling our understandings with speculations
Page 196
concerning the unity of empire and the identity or distinction of legislative
powers, and inflaming our passions with the heat and pride of controversy,
it was our duty, in all soberness, to conform our government to the character
and circumstances of the several people who composed this mighty and
strangely diversified mass. I never was wild enough to conceive that one
method would serve for the whole, that the natives of Hindostan and those
of Virginia could be ordered in the same manner, or that the Cutchery court
and the grand jury of Salem could be regulated on a similar plan. I was
persuaded that government was a practical thing, made for the happiness of
mankind, and not to furnish out a spectacle of uniformity to gratify the
schemes of visionary politicians. Our business was to rule, not to wrangle;
and it would have been a poor compensation that we had triumphed in a
dispute, whilst we lost an empire.
If there be one fact in the world perfectly clear, it is this,—"that the
disposition of the people of America is wholly averse to any other than a
free government"; and this is indication enough to any honest statesman
how he ought to adapt whatever power he finds in his hands to their case. If
any ask me what a free government is, I answer, that, for any practical
purpose, it is what the people think so,—and that they, and not I, are the
natural, lawful, and competent judges of this matter. If they practically
allow me a greater degree of authority over them than is consistent with any
correct ideas of perfect freedom, I ought to thank them for so great a trust,
and not to endeavor to prove from thence that they have reasoned amiss,
and that, having gone so far, by analogy they must hereafter have no
enjoyment but by my pleasure.
If we had seen this done by any others, we should have concluded them
far gone in madness. It is melancholy, as well as ridiculous, to observe the
kind of reasoning with which the public has been amused, in order to divert
our minds from the common sense of our American policy. There are
powers, and inflaming our passions with the heat and pride of controversy,
it was our duty, in all soberness, to conform our government to the character
and circumstances of the several people who composed this mighty and
strangely diversified mass. I never was wild enough to conceive that one
method would serve for the whole, that the natives of Hindostan and those
of Virginia could be ordered in the same manner, or that the Cutchery court
and the grand jury of Salem could be regulated on a similar plan. I was
persuaded that government was a practical thing, made for the happiness of
mankind, and not to furnish out a spectacle of uniformity to gratify the
schemes of visionary politicians. Our business was to rule, not to wrangle;
and it would have been a poor compensation that we had triumphed in a
dispute, whilst we lost an empire.
If there be one fact in the world perfectly clear, it is this,—"that the
disposition of the people of America is wholly averse to any other than a
free government"; and this is indication enough to any honest statesman
how he ought to adapt whatever power he finds in his hands to their case. If
any ask me what a free government is, I answer, that, for any practical
purpose, it is what the people think so,—and that they, and not I, are the
natural, lawful, and competent judges of this matter. If they practically
allow me a greater degree of authority over them than is consistent with any
correct ideas of perfect freedom, I ought to thank them for so great a trust,
and not to endeavor to prove from thence that they have reasoned amiss,
and that, having gone so far, by analogy they must hereafter have no
enjoyment but by my pleasure.
If we had seen this done by any others, we should have concluded them
far gone in madness. It is melancholy, as well as ridiculous, to observe the
kind of reasoning with which the public has been amused, in order to divert
our minds from the common sense of our American policy. There are
Page 197
people who have split and anatomized the doctrine of free government, as if
it were an abstract question concerning metaphysical liberty and necessity,
and not a matter of moral prudence and natural feeling. They have disputed
whether liberty be a positive or a negative idea; whether it does not consist
in being governed by laws, without considering what are the laws, or who
are the makers; whether man has any rights by Nature; and whether all the
property he enjoys be not the alms of his government, and his life itself
their favor and indulgence. Others, corrupting religion as these have
perverted philosophy, contend that Christians are redeemed into captivity,
and the blood of the Saviour of mankind has been shed to make them the
slaves of a few proud and insolent sinners. These shocking extremes
provoking to extremes of another kind, speculations are let loose as
destructive to all authority as the former are to all freedom; and every
government is called tyranny and usurpation which is not formed on their
fancies. In this manner the stirrers-up of this contention, not satisfied with
distracting our dependencies and filling them with blood and slaughter, are
corrupting our understandings: they are endeavoring to tear up, along with
practical liberty, all the foundations of human society, all equity and justice,
religion and order.
Civil freedom, Gentlemen, is not, as many have endeavored to persuade
you, a thing that lies hid in the depth of abstruse science. It is a blessing and
a benefit, not an abstract speculation; and all the just reasoning that can be
upon it is of so coarse a texture as perfectly to suit the ordinary capacities of
those who are to enjoy, and of those who are to defend it. Far from any
resemblance to those propositions in geometry and metaphysics which
admit no medium, but must be true or false in all their latitude, social and
civil freedom, like all other things in common life, are variously mixed and
modified, enjoyed in very different degrees, and shaped into an infinite
diversity of forms, according to the temper and circumstances of every
community. The extreme of liberty (which is its abstract perfection, but its
it were an abstract question concerning metaphysical liberty and necessity,
and not a matter of moral prudence and natural feeling. They have disputed
whether liberty be a positive or a negative idea; whether it does not consist
in being governed by laws, without considering what are the laws, or who
are the makers; whether man has any rights by Nature; and whether all the
property he enjoys be not the alms of his government, and his life itself
their favor and indulgence. Others, corrupting religion as these have
perverted philosophy, contend that Christians are redeemed into captivity,
and the blood of the Saviour of mankind has been shed to make them the
slaves of a few proud and insolent sinners. These shocking extremes
provoking to extremes of another kind, speculations are let loose as
destructive to all authority as the former are to all freedom; and every
government is called tyranny and usurpation which is not formed on their
fancies. In this manner the stirrers-up of this contention, not satisfied with
distracting our dependencies and filling them with blood and slaughter, are
corrupting our understandings: they are endeavoring to tear up, along with
practical liberty, all the foundations of human society, all equity and justice,
religion and order.
Civil freedom, Gentlemen, is not, as many have endeavored to persuade
you, a thing that lies hid in the depth of abstruse science. It is a blessing and
a benefit, not an abstract speculation; and all the just reasoning that can be
upon it is of so coarse a texture as perfectly to suit the ordinary capacities of
those who are to enjoy, and of those who are to defend it. Far from any
resemblance to those propositions in geometry and metaphysics which
admit no medium, but must be true or false in all their latitude, social and
civil freedom, like all other things in common life, are variously mixed and
modified, enjoyed in very different degrees, and shaped into an infinite
diversity of forms, according to the temper and circumstances of every
community. The extreme of liberty (which is its abstract perfection, but its
Page 198
real fault) obtains nowhere, nor ought to obtain anywhere; because
extremes, as we all know, in every point which relates either to our duties or
satisfactions in life, are destructive both to virtue and enjoyment. Liberty,
too, must be limited in order to be possessed. The degree of restraint it is
impossible in any case to settle precisely. But it ought to be the constant aim
of every wise public counsel to find out by cautious experiments, and
rational, cool endeavors, with how little, not how much, of this restraint the
community can subsist: for liberty is a good to be improved, and not an evil
to be lessened. It is not only a private blessing of the first order, but the vital
spring and energy of the state itself, which has just so much life and vigor
as there is liberty in it. But whether liberty be advantageous or not, (for I
know it is a fashion to decry the very principle,) none will dispute that
peace is a blessing; and peace must, in the course of human affairs, be
frequently bought by some indulgence and toleration at least to liberty: for,
as the Sabbath (though of divine institution) was made for man, not man for
the Sabbath, government, which can claim no higher origin or authority, in
its exercise at least, ought to conform to the exigencies of the time, and the
temper and character of the people with whom it is concerned, and not
always to attempt violently to bend the people to their theories of
subjection. The bulk of mankind, on their part, are not excessively curious
concerning any theories whilst they are really happy; and one sure symptom
of an ill-conducted state is the propensity of the people to resort to them.
But when subjects, by a long course of such ill conduct, are once
thoroughly inflamed, and the state itself violently distempered, the people
must have some satisfaction to their feelings more solid than a sophistical
speculation on law and government. Such was our situation: and such a
satisfaction was necessary to prevent recourse to arms; it was necessary
towards laying them down; it will be necessary to prevent the taking them
up again and again. Of what nature this satisfaction ought to be I wish it had
extremes, as we all know, in every point which relates either to our duties or
satisfactions in life, are destructive both to virtue and enjoyment. Liberty,
too, must be limited in order to be possessed. The degree of restraint it is
impossible in any case to settle precisely. But it ought to be the constant aim
of every wise public counsel to find out by cautious experiments, and
rational, cool endeavors, with how little, not how much, of this restraint the
community can subsist: for liberty is a good to be improved, and not an evil
to be lessened. It is not only a private blessing of the first order, but the vital
spring and energy of the state itself, which has just so much life and vigor
as there is liberty in it. But whether liberty be advantageous or not, (for I
know it is a fashion to decry the very principle,) none will dispute that
peace is a blessing; and peace must, in the course of human affairs, be
frequently bought by some indulgence and toleration at least to liberty: for,
as the Sabbath (though of divine institution) was made for man, not man for
the Sabbath, government, which can claim no higher origin or authority, in
its exercise at least, ought to conform to the exigencies of the time, and the
temper and character of the people with whom it is concerned, and not
always to attempt violently to bend the people to their theories of
subjection. The bulk of mankind, on their part, are not excessively curious
concerning any theories whilst they are really happy; and one sure symptom
of an ill-conducted state is the propensity of the people to resort to them.
But when subjects, by a long course of such ill conduct, are once
thoroughly inflamed, and the state itself violently distempered, the people
must have some satisfaction to their feelings more solid than a sophistical
speculation on law and government. Such was our situation: and such a
satisfaction was necessary to prevent recourse to arms; it was necessary
towards laying them down; it will be necessary to prevent the taking them
up again and again. Of what nature this satisfaction ought to be I wish it had
Page 199
been the disposition of Parliament seriously to consider. It was certainly a
deliberation that called for the exertion of all their wisdom.
I am, and ever have been, deeply sensible of the difficulty of reconciling
the strong presiding power, that is so useful towards the conservation of a
vast, disconnected, infinitely diversified empire, with that liberty and safety
of the provinces which they must enjoy, (in opinion and practice at least,) or
they will not be provinces at all. I know, and have long felt, the difficulty of
reconciling the unwieldy haughtiness of a great ruling nation, habituated to
command, pampered by enormous wealth, and confident from a long course
of prosperity and victory, to the high spirit of free dependencies, animated
with the first glow and activity of juvenile heat, and assuming to
themselves, as their birthright, some part of that very pride which oppresses
them. They who perceive no difficulty in reconciling these tempers (which,
however, to make peace, must some way or other be reconciled) are much
above my capacity, or much below the magnitude of the business. Of one
thing I am perfectly clear: that it is not by deciding the suit, but by
compromising the difference, that peace can be restored or kept. They who
would put an end to such quarrels by declaring roundly in favor of the
whole demands of either party have mistaken, in my humble opinion, the
office of a mediator.
The war is now of full two years' standing: the controversy of many
more. In different periods of the dispute, different methods of reconciliation
were to be pursued. I mean to trouble you with a short state of things at the
most important of these periods, in order to give you a more distinct idea of
our policy with regard to this most delicate of all objects. The colonies were
from the beginning subject to the legislature of Great Britain on principles
which they never examined; and we permitted to them many local
privileges, without asking how they agreed with that legislative authority.
Modes of administration were formed in an insensible and very
deliberation that called for the exertion of all their wisdom.
I am, and ever have been, deeply sensible of the difficulty of reconciling
the strong presiding power, that is so useful towards the conservation of a
vast, disconnected, infinitely diversified empire, with that liberty and safety
of the provinces which they must enjoy, (in opinion and practice at least,) or
they will not be provinces at all. I know, and have long felt, the difficulty of
reconciling the unwieldy haughtiness of a great ruling nation, habituated to
command, pampered by enormous wealth, and confident from a long course
of prosperity and victory, to the high spirit of free dependencies, animated
with the first glow and activity of juvenile heat, and assuming to
themselves, as their birthright, some part of that very pride which oppresses
them. They who perceive no difficulty in reconciling these tempers (which,
however, to make peace, must some way or other be reconciled) are much
above my capacity, or much below the magnitude of the business. Of one
thing I am perfectly clear: that it is not by deciding the suit, but by
compromising the difference, that peace can be restored or kept. They who
would put an end to such quarrels by declaring roundly in favor of the
whole demands of either party have mistaken, in my humble opinion, the
office of a mediator.
The war is now of full two years' standing: the controversy of many
more. In different periods of the dispute, different methods of reconciliation
were to be pursued. I mean to trouble you with a short state of things at the
most important of these periods, in order to give you a more distinct idea of
our policy with regard to this most delicate of all objects. The colonies were
from the beginning subject to the legislature of Great Britain on principles
which they never examined; and we permitted to them many local
privileges, without asking how they agreed with that legislative authority.
Modes of administration were formed in an insensible and very
Page 200
unsystematic manner. But they gradually adapted themselves to the varying
condition of things. What was first a single kingdom stretched into an
empire; and an imperial superintendence, of some kind or other, became
necessary. Parliament, from a mere representative of the people, and a
guardian of popular privileges for its own immediate constituents, grew into
a mighty sovereign. Instead of being a control on the crown on its own
behalf, it communicated a sort of strength to the royal authority, which was
wanted for the conservation of a new object, but which could not be safely
trusted to the crown alone. On the other hand, the colonies, advancing by
equal steps, and governed by the same necessity, had formed within
themselves, either by royal instruction or royal charter, assemblies so
exceedingly resembling a parliament, in all their forms, functions, and
powers, that it was impossible they should not imbibe some opinion of a
similar authority.
At the first designation of these assemblies, they were probably not
intended for anything more (nor perhaps did they think themselves much
higher) than the municipal corporations within this island, to which some at
present love to compare them. But nothing in progression can rest on its
original plan. We may as well think of rocking a grown man in the cradle of
an infant. Therefore, as the colonies prospered and increased to a numerous
and mighty people, spreading over a very great tract of the globe, it was
natural that they should attribute to assemblies so respectable in their formal
constitution some part of the dignity of the great nations which they
represented. No longer tied to by-laws, these assemblies made acts of all
sorts and in all cases whatsoever. They levied money, not for parochial
purposes, but upon regular grants to the crown, following all the rules and
principles of a parliament, to which they approached every day more and
more nearly. Those who think themselves wiser than Providence and
stronger than the course of Nature may complain of all this variation, on the
one side or the other, as their several humors and prejudices may lead them.
condition of things. What was first a single kingdom stretched into an
empire; and an imperial superintendence, of some kind or other, became
necessary. Parliament, from a mere representative of the people, and a
guardian of popular privileges for its own immediate constituents, grew into
a mighty sovereign. Instead of being a control on the crown on its own
behalf, it communicated a sort of strength to the royal authority, which was
wanted for the conservation of a new object, but which could not be safely
trusted to the crown alone. On the other hand, the colonies, advancing by
equal steps, and governed by the same necessity, had formed within
themselves, either by royal instruction or royal charter, assemblies so
exceedingly resembling a parliament, in all their forms, functions, and
powers, that it was impossible they should not imbibe some opinion of a
similar authority.
At the first designation of these assemblies, they were probably not
intended for anything more (nor perhaps did they think themselves much
higher) than the municipal corporations within this island, to which some at
present love to compare them. But nothing in progression can rest on its
original plan. We may as well think of rocking a grown man in the cradle of
an infant. Therefore, as the colonies prospered and increased to a numerous
and mighty people, spreading over a very great tract of the globe, it was
natural that they should attribute to assemblies so respectable in their formal
constitution some part of the dignity of the great nations which they
represented. No longer tied to by-laws, these assemblies made acts of all
sorts and in all cases whatsoever. They levied money, not for parochial
purposes, but upon regular grants to the crown, following all the rules and
principles of a parliament, to which they approached every day more and
more nearly. Those who think themselves wiser than Providence and
stronger than the course of Nature may complain of all this variation, on the
one side or the other, as their several humors and prejudices may lead them.
Page 201
But things could not be otherwise; and English colonies must be had on
these terms, or not had at all. In the mean time neither party felt any
inconvenience from this double legislature, to which they had been formed
by imperceptible habits, and old custom, the great support of all the
governments in the world. Though these two legislatures were sometimes
found perhaps performing the very same functions, they did not very
grossly or systematically clash. In all likelihood this arose from mere
neglect, possibly from the natural operation of things, which, left to
themselves, generally fall into their proper order. But whatever was the
cause, it is certain that a regular revenue, by the authority of Parliament, for
the support of civil and military establishments, seems not to have been
thought of until the colonies were too proud to submit, too strong to be
forced, too enlightened not to see all the consequences which must arise
from such a system.
If ever this scheme of taxation was to be pushed against the inclinations
of the people, it was evident that discussions must arise, which would let
loose all the elements that composed this double constitution, would show
how much each of their members had departed from its original principles,
and would discover contradictions in each legislature, as well to its own
first principles as to its relation to the other, very difficult, if not absolutely
impossible, to be reconciled.
Therefore, at the first fatal opening of this contest, the wisest course
seemed to be to put an end as soon as possible to the immediate causes of
the dispute, and to quiet a discussion, not easily settled upon clear
principles, and arising from claims which pride would permit neither party
to abandon, by resorting as nearly as possible to the old, successful course.
A mere repeal of the obnoxious tax, with a declaration of the legislative
authority of this kingdom, was then fully sufficient to procure peace to both
sides. Man is a creature of habit, and, the first breach being of very short
these terms, or not had at all. In the mean time neither party felt any
inconvenience from this double legislature, to which they had been formed
by imperceptible habits, and old custom, the great support of all the
governments in the world. Though these two legislatures were sometimes
found perhaps performing the very same functions, they did not very
grossly or systematically clash. In all likelihood this arose from mere
neglect, possibly from the natural operation of things, which, left to
themselves, generally fall into their proper order. But whatever was the
cause, it is certain that a regular revenue, by the authority of Parliament, for
the support of civil and military establishments, seems not to have been
thought of until the colonies were too proud to submit, too strong to be
forced, too enlightened not to see all the consequences which must arise
from such a system.
If ever this scheme of taxation was to be pushed against the inclinations
of the people, it was evident that discussions must arise, which would let
loose all the elements that composed this double constitution, would show
how much each of their members had departed from its original principles,
and would discover contradictions in each legislature, as well to its own
first principles as to its relation to the other, very difficult, if not absolutely
impossible, to be reconciled.
Therefore, at the first fatal opening of this contest, the wisest course
seemed to be to put an end as soon as possible to the immediate causes of
the dispute, and to quiet a discussion, not easily settled upon clear
principles, and arising from claims which pride would permit neither party
to abandon, by resorting as nearly as possible to the old, successful course.
A mere repeal of the obnoxious tax, with a declaration of the legislative
authority of this kingdom, was then fully sufficient to procure peace to both
sides. Man is a creature of habit, and, the first breach being of very short
Page 202
continuance, the colonies fell back exactly into their ancient state. The
Congress has used an expression with regard to this pacification which
appears to me truly significant. After the repeal of the Stamp Act, "the
colonies fell," says this assembly, "into their ancient state of unsuspecting
confidence in the mother country." This unsuspecting confidence is the true
centre of gravity amongst mankind, about which all the parts are at rest. It is
this unsuspecting confidence that removes all difficulties, and reconciles all
the contradictions which occur in the complexity of all ancient puzzled
political establishments. Happy are the rulers which have the secret of
preserving it!
The whole empire has reason to remember with eternal gratitude the
wisdom and temper of that man and his excellent associates, who, to
recover this confidence, formed a plan of pacification in 1766. That plan,
being built upon the nature of man, and the circumstances and habits of the
two countries, and not on any visionary speculations, perfectly answered its
end, as long as it was thought proper to adhere to it. Without giving a rude
shock to the dignity (well or ill understood) of this Parliament, they gave
perfect content to our dependencies. Had it not been for the mediatorial
spirit and talents of that great man between such clashing pretensions and
passions, we should then have rushed headlong (I know what I say) into the
calamities of that civil war in which, by departing from his system, we are
at length involved; and we should have been precipitated into that war at a
time when circumstances both at home and abroad were far, very far, more
unfavorable unto us than they were at the breaking out of the present
troubles.
I had the happiness of giving my first votes in Parliament for that
pacification. I was one of those almost unanimous members who, in the
necessary concessions of Parliament, would as much as possible have
preserved its authority and respected its honor. I could not at once tear from
Congress has used an expression with regard to this pacification which
appears to me truly significant. After the repeal of the Stamp Act, "the
colonies fell," says this assembly, "into their ancient state of unsuspecting
confidence in the mother country." This unsuspecting confidence is the true
centre of gravity amongst mankind, about which all the parts are at rest. It is
this unsuspecting confidence that removes all difficulties, and reconciles all
the contradictions which occur in the complexity of all ancient puzzled
political establishments. Happy are the rulers which have the secret of
preserving it!
The whole empire has reason to remember with eternal gratitude the
wisdom and temper of that man and his excellent associates, who, to
recover this confidence, formed a plan of pacification in 1766. That plan,
being built upon the nature of man, and the circumstances and habits of the
two countries, and not on any visionary speculations, perfectly answered its
end, as long as it was thought proper to adhere to it. Without giving a rude
shock to the dignity (well or ill understood) of this Parliament, they gave
perfect content to our dependencies. Had it not been for the mediatorial
spirit and talents of that great man between such clashing pretensions and
passions, we should then have rushed headlong (I know what I say) into the
calamities of that civil war in which, by departing from his system, we are
at length involved; and we should have been precipitated into that war at a
time when circumstances both at home and abroad were far, very far, more
unfavorable unto us than they were at the breaking out of the present
troubles.
I had the happiness of giving my first votes in Parliament for that
pacification. I was one of those almost unanimous members who, in the
necessary concessions of Parliament, would as much as possible have
preserved its authority and respected its honor. I could not at once tear from
Page 203
my heart prejudices which were dear to me, and which bore a resemblance
to virtue. I had then, and I have still, my partialities. What Parliament gave
up I wished to be given as of grace and favor and affection, and not as a
restitution of stolen goods. High dignity relented as it was soothed; and a
benignity from old acknowledged greatness had its full effect on our
dependencies. Our unlimited declaration of legislative authority produced
not a single murmur. If this undefined power has become odious since that
time, and full of horror to the colonies, it is because the unsuspicious
confidence is lost, and the parental affection, in the bosom of whose
boundless authority they reposed their privileges, is become estranged and
hostile.
It will be asked, if such was then my opinion of the mode of pacification,
how I came to be the very person who moved, not only for a repeal of all
the late coercive statutes, but for mutilating, by a positive law, the
entireness of the legislative power of Parliament, and cutting off from it the
whole right of taxation. I answer, Because a different state of things
requires a different conduct. When the dispute had gone to these last
extremities, (which no man labored more to prevent than I did,) the
concessions which had satisfied in the beginning could satisfy no longer;
because the violation of tacit faith required explicit security. The same
cause which has introduced all formal compacts and covenants among men
made it necessary: I mean, habits of soreness, jealousy, and distrust. I parted
with it as with a limb, but as a limb to save the body: and I would have
parted with more, if more had been necessary; anything rather than a
fruitless, hopeless, unnatural civil war. This mode of yielding would, it is
said, give way to independency without a war. I am persuaded, from the
nature of things, and from every information, that it would have had a
directly contrary effect. But if it had this effect, I confess that I should
prefer independency without war to independency with it; and I have so
much trust in the inclinations and prejudices of mankind, and so little in
to virtue. I had then, and I have still, my partialities. What Parliament gave
up I wished to be given as of grace and favor and affection, and not as a
restitution of stolen goods. High dignity relented as it was soothed; and a
benignity from old acknowledged greatness had its full effect on our
dependencies. Our unlimited declaration of legislative authority produced
not a single murmur. If this undefined power has become odious since that
time, and full of horror to the colonies, it is because the unsuspicious
confidence is lost, and the parental affection, in the bosom of whose
boundless authority they reposed their privileges, is become estranged and
hostile.
It will be asked, if such was then my opinion of the mode of pacification,
how I came to be the very person who moved, not only for a repeal of all
the late coercive statutes, but for mutilating, by a positive law, the
entireness of the legislative power of Parliament, and cutting off from it the
whole right of taxation. I answer, Because a different state of things
requires a different conduct. When the dispute had gone to these last
extremities, (which no man labored more to prevent than I did,) the
concessions which had satisfied in the beginning could satisfy no longer;
because the violation of tacit faith required explicit security. The same
cause which has introduced all formal compacts and covenants among men
made it necessary: I mean, habits of soreness, jealousy, and distrust. I parted
with it as with a limb, but as a limb to save the body: and I would have
parted with more, if more had been necessary; anything rather than a
fruitless, hopeless, unnatural civil war. This mode of yielding would, it is
said, give way to independency without a war. I am persuaded, from the
nature of things, and from every information, that it would have had a
directly contrary effect. But if it had this effect, I confess that I should
prefer independency without war to independency with it; and I have so
much trust in the inclinations and prejudices of mankind, and so little in
Page 204
anything else, that I should expect ten times more benefit to this kingdom
from the affection of America, though under a separate establishment, than
from her perfect submission to the crown and Parliament, accompanied
with her terror, disgust, and abhorrence. Bodies tied together by so
unnatural a bond of union as mutual hatred are only connected to their ruin.
One hundred and ten respectable members of Parliament voted for that
concession. Many not present when the motion was made were of the
sentiments of those who voted. I knew it would then have made peace. I am
not without hopes that it would do so at present, if it were adopted. No
benefit, no revenue, could be lost by it; something might possibly be gained
by its consequences. For be fully assured, that, of all the phantoms that ever
deluded the fond hopes of a credulous world, a Parliamentary revenue in the
colonies is the most perfectly chimerical. Your breaking them to any
subjection, far from relieving your burdens, (the pretext for this war,) will
never pay that military force which will be kept up to the destruction of
their liberties and yours. I risk nothing in this prophecy.
Gentlemen, you have my opinions on the present state of public affairs.
Mean as they may be in themselves, your partiality has made them of some
importance. Without troubling myself to inquire whether I am under a
formal obligation to it, I have a pleasure in accounting for my conduct to
my constituents. I feel warmly on this subject, and I express myself as I
feel. If I presume to blame any public proceeding, I cannot be supposed to
be personal. Would to God I could be suspected of it! My fault might be
greater, but the public calamity would be less extensive. If my conduct has
not been able to make any impression on the warm part of that ancient and
powerful party with whose support I was not honored at my election, on my
side, my respect, regard, and duty to them is not at all lessened. I owe the
gentlemen who compose it my most humble service in everything. I hope
from the affection of America, though under a separate establishment, than
from her perfect submission to the crown and Parliament, accompanied
with her terror, disgust, and abhorrence. Bodies tied together by so
unnatural a bond of union as mutual hatred are only connected to their ruin.
One hundred and ten respectable members of Parliament voted for that
concession. Many not present when the motion was made were of the
sentiments of those who voted. I knew it would then have made peace. I am
not without hopes that it would do so at present, if it were adopted. No
benefit, no revenue, could be lost by it; something might possibly be gained
by its consequences. For be fully assured, that, of all the phantoms that ever
deluded the fond hopes of a credulous world, a Parliamentary revenue in the
colonies is the most perfectly chimerical. Your breaking them to any
subjection, far from relieving your burdens, (the pretext for this war,) will
never pay that military force which will be kept up to the destruction of
their liberties and yours. I risk nothing in this prophecy.
Gentlemen, you have my opinions on the present state of public affairs.
Mean as they may be in themselves, your partiality has made them of some
importance. Without troubling myself to inquire whether I am under a
formal obligation to it, I have a pleasure in accounting for my conduct to
my constituents. I feel warmly on this subject, and I express myself as I
feel. If I presume to blame any public proceeding, I cannot be supposed to
be personal. Would to God I could be suspected of it! My fault might be
greater, but the public calamity would be less extensive. If my conduct has
not been able to make any impression on the warm part of that ancient and
powerful party with whose support I was not honored at my election, on my
side, my respect, regard, and duty to them is not at all lessened. I owe the
gentlemen who compose it my most humble service in everything. I hope
Page 205
that whenever any of them were pleased to command me, that they found
me perfectly equal in my obedience. But flattery and friendship are very
different things; and to mislead is not to serve them. I cannot purchase the
favor of any man by concealing from him what I think his ruin.
By the favor of my fellow-citizens, I am the representative of an honest,
well-ordered, virtuous city,—of a people who preserve more of the original
English simplicity and purity of manners than perhaps any other. You
possess among you several men and magistrates of large and cultivated
understandings, fit for any employment in any sphere. I do, to the best of
my power, act so as to make myself worthy of so honorable a choice. If I
were ready, on any call of my own vanity or interest, or to answer any
election purpose, to forsake principles (whatever they are) which I had
formed at a mature age, on full reflection, and which had been confirmed by
long experience, I should forfeit the only thing which makes you pardon so
many errors and imperfections in me.
Not that I think it fit for any one to rely too much on his own
understanding, or to be filled with a presumption not becoming a Christian
man in his own personal stability and rectitude. I hope I am far from that
vain confidence which almost always fails in trial. I know my weakness in
all respects, as much at least as any enemy I have; and I attempt to take
security against it. The only method which has ever been found effectual to
preserve any man against the corruption of nature and example is an habit
of life and communication of councils with the most virtuous and public-
spirited men of the age you live in. Such a society cannot be kept without
advantage, or deserted without shame. For this rule of conduct I may be
called in reproach a party man; but I am little affected with such aspersions.
In the way which they call party I worship the Constitution of your fathers;
and I shall never blush for my political company. All reverence to honor, all
idea of what it is, will be lost out of the world, before it can be imputed as a
me perfectly equal in my obedience. But flattery and friendship are very
different things; and to mislead is not to serve them. I cannot purchase the
favor of any man by concealing from him what I think his ruin.
By the favor of my fellow-citizens, I am the representative of an honest,
well-ordered, virtuous city,—of a people who preserve more of the original
English simplicity and purity of manners than perhaps any other. You
possess among you several men and magistrates of large and cultivated
understandings, fit for any employment in any sphere. I do, to the best of
my power, act so as to make myself worthy of so honorable a choice. If I
were ready, on any call of my own vanity or interest, or to answer any
election purpose, to forsake principles (whatever they are) which I had
formed at a mature age, on full reflection, and which had been confirmed by
long experience, I should forfeit the only thing which makes you pardon so
many errors and imperfections in me.
Not that I think it fit for any one to rely too much on his own
understanding, or to be filled with a presumption not becoming a Christian
man in his own personal stability and rectitude. I hope I am far from that
vain confidence which almost always fails in trial. I know my weakness in
all respects, as much at least as any enemy I have; and I attempt to take
security against it. The only method which has ever been found effectual to
preserve any man against the corruption of nature and example is an habit
of life and communication of councils with the most virtuous and public-
spirited men of the age you live in. Such a society cannot be kept without
advantage, or deserted without shame. For this rule of conduct I may be
called in reproach a party man; but I am little affected with such aspersions.
In the way which they call party I worship the Constitution of your fathers;
and I shall never blush for my political company. All reverence to honor, all
idea of what it is, will be lost out of the world, before it can be imputed as a
Page 206
fault to any man, that he has been closely connected with those
incomparable persons, living and dead, with whom for eleven years I have
constantly thought and acted. If I have wandered out of the paths of
rectitude into those of interested faction, it was in company with the
Saviles, the Dowdeswells, the Wentworths, the Bentincks; with the
Lenoxes, the Manchesters, the Keppels, the Saunderses; with the temperate,
permanent, hereditary virtue of the whole house of Cavendish: names,
among which, some have extended your fame and empire in arms, and all
have fought the battle of your liberties in fields not less glorious. These, and
many more like these, grafting public principles on private honor, have
redeemed the present age, and would have adorned the most splendid
period in your history. Where could any man, conscious of his own inability
to act alone, and willing to act as he ought to do, have arranged himself
better? If any one thinks this kind of society to be taken up as the best
method of gratifying low personal pride or ambitious interest, he is
mistaken, and knows nothing of the world.
Preferring this connection, I do not mean to detract in the slightest degree
from others. There are some of those whom I admire at something of a
greater distance, with whom I have had the happiness also perfectly to
agree, in almost all the particulars in which I have differed with some
successive administrations; and they are such as it never can be reputable to
any government to reckon among its enemies.
I hope there are none of you corrupted with the doctrine taught by wicked
men for the worst purposes, and received by the malignant credulity of envy
and ignorance, which is, that the men who act upon the public stage are all
alike, all equally corrupt, all influenced by no other views than the sordid
lure of salary and pension. The thing I know by experience to be false.
Never expecting to find perfection in men, and not looking for divine
attributes in created beings, in my commerce with my contemporaries I
incomparable persons, living and dead, with whom for eleven years I have
constantly thought and acted. If I have wandered out of the paths of
rectitude into those of interested faction, it was in company with the
Saviles, the Dowdeswells, the Wentworths, the Bentincks; with the
Lenoxes, the Manchesters, the Keppels, the Saunderses; with the temperate,
permanent, hereditary virtue of the whole house of Cavendish: names,
among which, some have extended your fame and empire in arms, and all
have fought the battle of your liberties in fields not less glorious. These, and
many more like these, grafting public principles on private honor, have
redeemed the present age, and would have adorned the most splendid
period in your history. Where could any man, conscious of his own inability
to act alone, and willing to act as he ought to do, have arranged himself
better? If any one thinks this kind of society to be taken up as the best
method of gratifying low personal pride or ambitious interest, he is
mistaken, and knows nothing of the world.
Preferring this connection, I do not mean to detract in the slightest degree
from others. There are some of those whom I admire at something of a
greater distance, with whom I have had the happiness also perfectly to
agree, in almost all the particulars in which I have differed with some
successive administrations; and they are such as it never can be reputable to
any government to reckon among its enemies.
I hope there are none of you corrupted with the doctrine taught by wicked
men for the worst purposes, and received by the malignant credulity of envy
and ignorance, which is, that the men who act upon the public stage are all
alike, all equally corrupt, all influenced by no other views than the sordid
lure of salary and pension. The thing I know by experience to be false.
Never expecting to find perfection in men, and not looking for divine
attributes in created beings, in my commerce with my contemporaries I
Page 207
have found much human virtue. I have seen not a little public spirit, a real
subordination of interest to duty, and a decent and regulated sensibility to
honest fame and reputation. The age unquestionably produces (whether in a
greater or less number than former times I know not) daring profligates and
insidious hypocrites. What then? Am I not to avail myself of whatever good
is to be found in the world, because of the mixture of evil that will always
be in it? The smallness of the quantity in currency only heightens the value.
They who raise suspicions on the good on account of the behavior of ill
men are of the party of the latter. The common cant is no justification for
taking this party. I have been deceived, say they, by Titius and Mævius; I
have been the dupe of this pretender or of that mountebank; and I can trust
appearances no longer. But my credulity and want of discernment cannot, as
I conceive, amount to a fair presumption against any man's integrity. A
conscientious person would rather doubt his own judgment than condemn
his species. He would say, "I have observed without attention, or judged
upon erroneous maxims; I trusted to profession, when I ought to have
attended to conduct." Such a man will grow wise, not malignant, by his
acquaintance with the world. But he that accuses all mankind of corruption
ought to remember that he is sure to convict only one. In truth, I should
much rather admit those whom at any time I have disrelished the most to be
patterns of perfection than seek a consolation to my own unworthiness in a
general communion of depravity with all about me.
That this ill-natured doctrine should be preached by the missionaries of a
court I do not wonder. It answers their purpose. But that it should be heard
among those who pretend to be strong assertors of liberty is not only
surprising, but hardly natural. This moral levelling is a servile principle. It
leads to practical passive obedience far better than all the doctrines which
the pliant accommodation of theology to power has ever produced. It cuts
up by the roots, not only all idea of forcible resistance, but even of civil
opposition. It disposes men to an abject submission, not by opinion, which
subordination of interest to duty, and a decent and regulated sensibility to
honest fame and reputation. The age unquestionably produces (whether in a
greater or less number than former times I know not) daring profligates and
insidious hypocrites. What then? Am I not to avail myself of whatever good
is to be found in the world, because of the mixture of evil that will always
be in it? The smallness of the quantity in currency only heightens the value.
They who raise suspicions on the good on account of the behavior of ill
men are of the party of the latter. The common cant is no justification for
taking this party. I have been deceived, say they, by Titius and Mævius; I
have been the dupe of this pretender or of that mountebank; and I can trust
appearances no longer. But my credulity and want of discernment cannot, as
I conceive, amount to a fair presumption against any man's integrity. A
conscientious person would rather doubt his own judgment than condemn
his species. He would say, "I have observed without attention, or judged
upon erroneous maxims; I trusted to profession, when I ought to have
attended to conduct." Such a man will grow wise, not malignant, by his
acquaintance with the world. But he that accuses all mankind of corruption
ought to remember that he is sure to convict only one. In truth, I should
much rather admit those whom at any time I have disrelished the most to be
patterns of perfection than seek a consolation to my own unworthiness in a
general communion of depravity with all about me.
That this ill-natured doctrine should be preached by the missionaries of a
court I do not wonder. It answers their purpose. But that it should be heard
among those who pretend to be strong assertors of liberty is not only
surprising, but hardly natural. This moral levelling is a servile principle. It
leads to practical passive obedience far better than all the doctrines which
the pliant accommodation of theology to power has ever produced. It cuts
up by the roots, not only all idea of forcible resistance, but even of civil
opposition. It disposes men to an abject submission, not by opinion, which
Page 208
may be shaken by argument or altered by passion, but by the strong ties of
public and private interest. For, if all men who act in a public situation are
equally selfish, corrupt, and venal, what reason can be given for desiring
any sort of change, which, besides the evils which must attend all changes,
can be productive of no possible advantage? The active men in the state are
true samples of the mass. If they are universally depraved, the
commonwealth itself is not sound. We may amuse ourselves with talking as
much as we please of the virtue of middle or humble life; that is, we may
place our confidence in the virtue of those who have never been tried. But if
the persons who are continually emerging out of that sphere be no better
than those whom birth has placed above it, what hopes are there in the
remainder of the body which is to furnish the perpetual succession of the
state? All who have ever written on government are unanimous, that among
a people generally corrupt liberty cannot long exist. And, indeed, how is it
possible, when those who are to make the laws, to guard, to enforce, or to
obey them, are, by a tacit confederacy of manners, indisposed to the spirit
of all generous and noble institutions?
I am aware that the age is not what we all wish. But I am sure that the
only means of checking its precipitate degeneracy is heartily to concur with
whatever is the best in our time, and to have some more correct standard of
judging what that best is than the transient and uncertain favor of a court. If
once we are able to find, and can prevail on ourselves to strengthen an
union of such men, whatever accidentally becomes indisposed to ill-
exercised power, even by the ordinary operation of human passions, must
join with that society, and cannot long be joined without in some degree
assimilating to it. Virtue will catch as well as vice by contact; and the public
stock of honest, manly principle will daily accumulate. We are not too
nicely to scrutinize motives as long as action is irreproachable. It is enough
(and for a worthy man perhaps too much) to deal out its infamy to
convicted guilt and declared apostasy.
public and private interest. For, if all men who act in a public situation are
equally selfish, corrupt, and venal, what reason can be given for desiring
any sort of change, which, besides the evils which must attend all changes,
can be productive of no possible advantage? The active men in the state are
true samples of the mass. If they are universally depraved, the
commonwealth itself is not sound. We may amuse ourselves with talking as
much as we please of the virtue of middle or humble life; that is, we may
place our confidence in the virtue of those who have never been tried. But if
the persons who are continually emerging out of that sphere be no better
than those whom birth has placed above it, what hopes are there in the
remainder of the body which is to furnish the perpetual succession of the
state? All who have ever written on government are unanimous, that among
a people generally corrupt liberty cannot long exist. And, indeed, how is it
possible, when those who are to make the laws, to guard, to enforce, or to
obey them, are, by a tacit confederacy of manners, indisposed to the spirit
of all generous and noble institutions?
I am aware that the age is not what we all wish. But I am sure that the
only means of checking its precipitate degeneracy is heartily to concur with
whatever is the best in our time, and to have some more correct standard of
judging what that best is than the transient and uncertain favor of a court. If
once we are able to find, and can prevail on ourselves to strengthen an
union of such men, whatever accidentally becomes indisposed to ill-
exercised power, even by the ordinary operation of human passions, must
join with that society, and cannot long be joined without in some degree
assimilating to it. Virtue will catch as well as vice by contact; and the public
stock of honest, manly principle will daily accumulate. We are not too
nicely to scrutinize motives as long as action is irreproachable. It is enough
(and for a worthy man perhaps too much) to deal out its infamy to
convicted guilt and declared apostasy.
Page 209
This, Gentlemen, has been from the beginning the rule of my conduct;
and I mean to continue it, as long as such a body as I have described can by
any possibility be kept together; for I should think it the most dreadful of all
offences, not only towards the present generation, but to all the future, if I
were to do anything which could make the minutest breach in this great
conservatory of free principles. Those who perhaps have the same
intentions, but are separated by some little political animosities, will, I
hope, discern at last how little conducive it is to any rational purpose to
lower its reputation. For my part, Gentlemen, from much experience, from
no little thinking, and from comparing a great variety of things, I am
thoroughly persuaded that the last hopes of preserving the spirit of the
English Constitution, or of reuniting the dissipated members of the English
race upon a common plan of tranquillity and liberty, does entirely depend
on their firm and lasting union, and above all on their keeping themselves
from that despair which is so very apt to fall on those whom a violence of
character and a mixture of ambitious views do not support through a long,
painful, and unsuccessful struggle.
There never, Gentlemen, was a period in which the steadfastness of some
men has been put to so sore a trial. It is not very difficult for well-formed
minds to abandon their interest; but the separation of fame and virtue is an
harsh divorce. Liberty is in danger of being made unpopular to Englishmen.
Contending for an imaginary power, we begin to acquire the spirit of
domination, and to lose the relish of honest equality. The principles of our
forefathers become suspected to us, because we see them animating the
present opposition of our children. The faults which grow out of the
luxuriance of freedom appear much more shocking to us than the base vices
which are generated from the rankness of servitude. Accordingly, the least
resistance to power appears more inexcusable in our eyes than the greatest
abuses of authority. All dread of a standing military force is looked upon as
a superstitious panic. All shame of calling in foreigners and savages in a
and I mean to continue it, as long as such a body as I have described can by
any possibility be kept together; for I should think it the most dreadful of all
offences, not only towards the present generation, but to all the future, if I
were to do anything which could make the minutest breach in this great
conservatory of free principles. Those who perhaps have the same
intentions, but are separated by some little political animosities, will, I
hope, discern at last how little conducive it is to any rational purpose to
lower its reputation. For my part, Gentlemen, from much experience, from
no little thinking, and from comparing a great variety of things, I am
thoroughly persuaded that the last hopes of preserving the spirit of the
English Constitution, or of reuniting the dissipated members of the English
race upon a common plan of tranquillity and liberty, does entirely depend
on their firm and lasting union, and above all on their keeping themselves
from that despair which is so very apt to fall on those whom a violence of
character and a mixture of ambitious views do not support through a long,
painful, and unsuccessful struggle.
There never, Gentlemen, was a period in which the steadfastness of some
men has been put to so sore a trial. It is not very difficult for well-formed
minds to abandon their interest; but the separation of fame and virtue is an
harsh divorce. Liberty is in danger of being made unpopular to Englishmen.
Contending for an imaginary power, we begin to acquire the spirit of
domination, and to lose the relish of honest equality. The principles of our
forefathers become suspected to us, because we see them animating the
present opposition of our children. The faults which grow out of the
luxuriance of freedom appear much more shocking to us than the base vices
which are generated from the rankness of servitude. Accordingly, the least
resistance to power appears more inexcusable in our eyes than the greatest
abuses of authority. All dread of a standing military force is looked upon as
a superstitious panic. All shame of calling in foreigners and savages in a
Page 210
civil contest is worn off. We grow indifferent to the consequences inevitable
to ourselves from the plan of ruling half the empire by a mercenary sword.
We are taught to believe that a desire of domineering over our countrymen
is love to our country, that those who hate civil war abet rebellion, and that
the amiable and conciliatory virtues of lenity, moderation, and tenderness to
the privileges of those who depend on this kingdom are a sort of treason to
the state.
It is impossible that we should remain long in a situation which breeds
such notions and dispositions without some great alteration in the national
character. Those ingenuous and feeling minds who are so fortified against
all other things, and so unarmed to whatever approaches in the shape of
disgrace, finding these principles, which they considered as sure means of
honor, to be grown into disrepute, will retire disheartened and disgusted.
Those of a more robust make, the bold, able, ambitious men, who pay some
of their court to power through the people, and substitute the voice of
transient opinion in the place of true glory, will give into the general mode;
and those superior understandings which ought to correct vulgar prejudice
will confirm and aggravate its errors. Many things have been long operating
towards a gradual change in our principles; but this American war has done
more in a very few years than all the other causes could have effected in a
century. It is therefore not on its own separate account, but because of its
attendant circumstances, that I consider its continuance, or its ending in any
way but that of an honorable and liberal accommodation, as the greatest
evils which can befall us. For that reason I have troubled you with this long
letter. For that reason I entreat you, again and again, neither to be
persuaded, shamed, or frighted out of the principles that have hitherto led so
many of you to abhor the war, its cause, and its consequences. Let us not be
amongst the first who renounce the maxims of our forefathers.
I have the honor to be,
to ourselves from the plan of ruling half the empire by a mercenary sword.
We are taught to believe that a desire of domineering over our countrymen
is love to our country, that those who hate civil war abet rebellion, and that
the amiable and conciliatory virtues of lenity, moderation, and tenderness to
the privileges of those who depend on this kingdom are a sort of treason to
the state.
It is impossible that we should remain long in a situation which breeds
such notions and dispositions without some great alteration in the national
character. Those ingenuous and feeling minds who are so fortified against
all other things, and so unarmed to whatever approaches in the shape of
disgrace, finding these principles, which they considered as sure means of
honor, to be grown into disrepute, will retire disheartened and disgusted.
Those of a more robust make, the bold, able, ambitious men, who pay some
of their court to power through the people, and substitute the voice of
transient opinion in the place of true glory, will give into the general mode;
and those superior understandings which ought to correct vulgar prejudice
will confirm and aggravate its errors. Many things have been long operating
towards a gradual change in our principles; but this American war has done
more in a very few years than all the other causes could have effected in a
century. It is therefore not on its own separate account, but because of its
attendant circumstances, that I consider its continuance, or its ending in any
way but that of an honorable and liberal accommodation, as the greatest
evils which can befall us. For that reason I have troubled you with this long
letter. For that reason I entreat you, again and again, neither to be
persuaded, shamed, or frighted out of the principles that have hitherto led so
many of you to abhor the war, its cause, and its consequences. Let us not be
amongst the first who renounce the maxims of our forefathers.
I have the honor to be,
Page 211
Gentlemen,
Your most obedient and faithful humble servant,
EDMUND BURKE.
BEACONSFIELD, April 3, 1777.
P.S. You may communicate this letter in any manner you think proper to
my constituents.
Your most obedient and faithful humble servant,
EDMUND BURKE.
BEACONSFIELD, April 3, 1777.
P.S. You may communicate this letter in any manner you think proper to
my constituents.
Page 212
TWO LETTERS
TO
GENTLEMEN IN THE CITY OF BRISTOL.
ON THE
BILLS DEPENDING IN PARLIAMENT
RELATIVE TO THE TRADE OF IRELAND.
1778.
TO
GENTLEMEN IN THE CITY OF BRISTOL.
ON THE
BILLS DEPENDING IN PARLIAMENT
RELATIVE TO THE TRADE OF IRELAND.
1778.
Page 213
LETTERS.
Page 214
TO SAMUEL SPAN, ESQ., MASTER OF THE SOCIETY OF
MERCHANTS ADVENTURERS OF BRISTOL.
Sir,—I am honored with your letter of the 13th, in answer to mine, which
accompanied the resolutions of the House relative to the trade of Ireland.
You will be so good as to present my best respects to the Society, and to
assure them that it was altogether unnecessary to remind me of the interest
of the constituents. I have never regarded anything else since I had a seat in
Parliament. Having frequently and maturely considered that interest, and
stated it to myself in almost every point of view, I am persuaded, that, under
the present circumstances, I cannot more effectually pursue it than by
giving all the support in my power to the propositions which I lately
transmitted to the Hall.
The fault I find in the scheme is, that it falls extremely short of that
liberality in the commercial system which I trust will one day be adopted. If
I had not considered the present resolutions merely as preparatory to better
things, and as a means of showing, experimentally, that justice to others is
not always folly to ourselves, I should have contented myself with receiving
them in a cold and silent acquiescence. Separately considered, they are
matters of no very great importance. But they aim, however imperfectly, at
a right principle. I submit to the restraint to appease prejudice; I accept the
enlargement, so far as it goes, as the result of reason and of sound policy.
We cannot be insensible of the calamities which have been brought upon
this nation by an obstinate adherence to narrow and restrictive plans of
MERCHANTS ADVENTURERS OF BRISTOL.
Sir,—I am honored with your letter of the 13th, in answer to mine, which
accompanied the resolutions of the House relative to the trade of Ireland.
You will be so good as to present my best respects to the Society, and to
assure them that it was altogether unnecessary to remind me of the interest
of the constituents. I have never regarded anything else since I had a seat in
Parliament. Having frequently and maturely considered that interest, and
stated it to myself in almost every point of view, I am persuaded, that, under
the present circumstances, I cannot more effectually pursue it than by
giving all the support in my power to the propositions which I lately
transmitted to the Hall.
The fault I find in the scheme is, that it falls extremely short of that
liberality in the commercial system which I trust will one day be adopted. If
I had not considered the present resolutions merely as preparatory to better
things, and as a means of showing, experimentally, that justice to others is
not always folly to ourselves, I should have contented myself with receiving
them in a cold and silent acquiescence. Separately considered, they are
matters of no very great importance. But they aim, however imperfectly, at
a right principle. I submit to the restraint to appease prejudice; I accept the
enlargement, so far as it goes, as the result of reason and of sound policy.
We cannot be insensible of the calamities which have been brought upon
this nation by an obstinate adherence to narrow and restrictive plans of
Page 215
government. I confess, I cannot prevail on myself to take them up precisely
at a time when the most decisive experience has taught the rest of the world
to lay them down. The propositions in question did not originate from me,
or from my particular friends. But when things are so right in themselves, I
hold it my duty not to inquire from what hands they come. I opposed the
American measures upon the very same principle on which I support those
that relate to Ireland. I was convinced that the evils which have arisen from
the adoption of the former would be infinitely aggravated by the rejection
of the latter.
Perhaps gentlemen are not yet fully aware of the situation of their
country, and what its exigencies absolutely require. I find that we are still
disposed to talk at our ease, and as if all things were to be regulated by our
good pleasure. I should consider it as a fatal symptom, if, in our present
distressed and adverse circumstances, we should persist in the errors which
are natural only to prosperity. One cannot, indeed, sufficiently lament the
continuance of that spirit of delusion, by which, for a long time past, we
have thought fit to measure our necessities by our inclinations. Moderation,
prudence, and equity are far more suitable to our condition than loftiness,
and confidence, and rigor. We are threatened by enemies of no small
magnitude, whom, if we think fit, we may despise, as we have despised
others; but they are enemies who can only cease to be truly formidable by
our entertaining a due respect for their power. Our danger will not be
lessened by our shutting our eyes to it; nor will our force abroad be
increased by rendering ourselves feeble and divided at home.
There is a dreadful schism in the British nation. Since we are not able to
reunite the empire, it is our business to give all possible vigor and
soundness to those parts of it which are still content to be governed by our
councils. Sir, it is proper to inform you that our measures must be healing.
Such a degree of strength must be communicated to all the members of the
at a time when the most decisive experience has taught the rest of the world
to lay them down. The propositions in question did not originate from me,
or from my particular friends. But when things are so right in themselves, I
hold it my duty not to inquire from what hands they come. I opposed the
American measures upon the very same principle on which I support those
that relate to Ireland. I was convinced that the evils which have arisen from
the adoption of the former would be infinitely aggravated by the rejection
of the latter.
Perhaps gentlemen are not yet fully aware of the situation of their
country, and what its exigencies absolutely require. I find that we are still
disposed to talk at our ease, and as if all things were to be regulated by our
good pleasure. I should consider it as a fatal symptom, if, in our present
distressed and adverse circumstances, we should persist in the errors which
are natural only to prosperity. One cannot, indeed, sufficiently lament the
continuance of that spirit of delusion, by which, for a long time past, we
have thought fit to measure our necessities by our inclinations. Moderation,
prudence, and equity are far more suitable to our condition than loftiness,
and confidence, and rigor. We are threatened by enemies of no small
magnitude, whom, if we think fit, we may despise, as we have despised
others; but they are enemies who can only cease to be truly formidable by
our entertaining a due respect for their power. Our danger will not be
lessened by our shutting our eyes to it; nor will our force abroad be
increased by rendering ourselves feeble and divided at home.
There is a dreadful schism in the British nation. Since we are not able to
reunite the empire, it is our business to give all possible vigor and
soundness to those parts of it which are still content to be governed by our
councils. Sir, it is proper to inform you that our measures must be healing.
Such a degree of strength must be communicated to all the members of the
Page 216
state as may enable them to defend themselves, and to coöperate in the
defence of the whole. Their temper, too, must be managed, and their good
affections cultivated. They may then be disposed to bear the load with
cheerfulness, as a contribution towards what may be called with truth and
propriety, and not by an empty form of words, a common cause. Too little
dependence cannot be had, at this time of day, on names and prejudices.
The eyes of mankind are opened, and communities must be held together by
an evident and solid interest. God forbid that our conduct should
demonstrate to the world that Great Britain can in no instance whatsoever
be brought to a sense of rational and equitable policy but by coercion and
force of arms!
I wish you to recollect with what powers of concession, relatively to
commerce, as well as to legislation, his Majesty's commissioners to the
United Colonies have sailed from England within this week. Whether these
powers are sufficient for their purposes it is not now my business to
examine. But we all know that our resolutions in favor of Ireland are trifling
and insignificant, when compared with the concessions to the Americans.
At such a juncture, I would implore every man, who retains the least spark
of regard to the yet remaining honor and security of this country, not to
compel others to an imitation of their conduct, or by passion and violence to
force them to seek in the territories of the separation that freedom and those
advantages which they are not to look for whilst they remain under the
wings of their ancient government.
After all, what are the matters we dispute with so much warmth? Do we
in these resolutions bestow anything upon Ireland? Not a shilling. We only
consent to leave to them, in two or three instances, the use of the natural
faculties which God has given to them, and to all mankind. Is Ireland united
to the crown of Great Britain for no other purpose than that we should
counteract the bounty of Providence in her favor? and in proportion as that
defence of the whole. Their temper, too, must be managed, and their good
affections cultivated. They may then be disposed to bear the load with
cheerfulness, as a contribution towards what may be called with truth and
propriety, and not by an empty form of words, a common cause. Too little
dependence cannot be had, at this time of day, on names and prejudices.
The eyes of mankind are opened, and communities must be held together by
an evident and solid interest. God forbid that our conduct should
demonstrate to the world that Great Britain can in no instance whatsoever
be brought to a sense of rational and equitable policy but by coercion and
force of arms!
I wish you to recollect with what powers of concession, relatively to
commerce, as well as to legislation, his Majesty's commissioners to the
United Colonies have sailed from England within this week. Whether these
powers are sufficient for their purposes it is not now my business to
examine. But we all know that our resolutions in favor of Ireland are trifling
and insignificant, when compared with the concessions to the Americans.
At such a juncture, I would implore every man, who retains the least spark
of regard to the yet remaining honor and security of this country, not to
compel others to an imitation of their conduct, or by passion and violence to
force them to seek in the territories of the separation that freedom and those
advantages which they are not to look for whilst they remain under the
wings of their ancient government.
After all, what are the matters we dispute with so much warmth? Do we
in these resolutions bestow anything upon Ireland? Not a shilling. We only
consent to leave to them, in two or three instances, the use of the natural
faculties which God has given to them, and to all mankind. Is Ireland united
to the crown of Great Britain for no other purpose than that we should
counteract the bounty of Providence in her favor? and in proportion as that
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bounty has been liberal, that we are to regard it as an evil, which is to be
met with in every sort of corrective? To say that Ireland interferes with us,
and therefore must be checked, is, in my opinion, a very mistaken, and a
very dangerous principle. I must beg leave to repeat, what I took the liberty
of suggesting to you in my last letter, that Ireland is a country in the same
climate and of the same natural qualities and productions with this, and has
consequently no other means of growing wealthy in herself, or, in other
words, of being useful to us, but by doing the very same things which we do
for the same purposes. I hope that in Great Britain we shall always pursue,
without exception, every means of prosperity, and, of course, that Ireland
will interfere with us in something or other: for either, in order to limit her,
we must restrain ourselves, or we must fall into that shocking conclusion,
that we are to keep our yet remaining dependency under a general and
indiscriminate restraint for the mere purpose of oppression. Indeed, Sir,
England and Ireland may flourish together. The world is large enough for us
both. Let it be our care not to make ourselves too little for it.
I know it is said, that the people of Ireland do not pay the same taxes, and
therefore ought not in equity to enjoy the same benefits with this. I had
hopes that the unhappy phantom of a compulsory equal taxation had
haunted us long enough. I do assure you, that, until it is entirely banished
from our imaginations, (where alone it has, or can have, any existence,) we
shall never cease to do ourselves the most substantial injuries. To that
argument of equal taxation I can only say, that Ireland pays as many taxes
as those who are the best judges of her powers are of opinion she can bear.
To bear more, she must have more ability; and, in the order of Nature, the
advantage must precede the charge. This disposition of things being the law
of God, neither you nor I can alter it. So that, if you will have more help
from Ireland, you must previously supply her with more means. I believe it
will be found, that, if men are suffered freely to cultivate their natural
advantages, a virtual equality of contribution will come in its own time, and
met with in every sort of corrective? To say that Ireland interferes with us,
and therefore must be checked, is, in my opinion, a very mistaken, and a
very dangerous principle. I must beg leave to repeat, what I took the liberty
of suggesting to you in my last letter, that Ireland is a country in the same
climate and of the same natural qualities and productions with this, and has
consequently no other means of growing wealthy in herself, or, in other
words, of being useful to us, but by doing the very same things which we do
for the same purposes. I hope that in Great Britain we shall always pursue,
without exception, every means of prosperity, and, of course, that Ireland
will interfere with us in something or other: for either, in order to limit her,
we must restrain ourselves, or we must fall into that shocking conclusion,
that we are to keep our yet remaining dependency under a general and
indiscriminate restraint for the mere purpose of oppression. Indeed, Sir,
England and Ireland may flourish together. The world is large enough for us
both. Let it be our care not to make ourselves too little for it.
I know it is said, that the people of Ireland do not pay the same taxes, and
therefore ought not in equity to enjoy the same benefits with this. I had
hopes that the unhappy phantom of a compulsory equal taxation had
haunted us long enough. I do assure you, that, until it is entirely banished
from our imaginations, (where alone it has, or can have, any existence,) we
shall never cease to do ourselves the most substantial injuries. To that
argument of equal taxation I can only say, that Ireland pays as many taxes
as those who are the best judges of her powers are of opinion she can bear.
To bear more, she must have more ability; and, in the order of Nature, the
advantage must precede the charge. This disposition of things being the law
of God, neither you nor I can alter it. So that, if you will have more help
from Ireland, you must previously supply her with more means. I believe it
will be found, that, if men are suffered freely to cultivate their natural
advantages, a virtual equality of contribution will come in its own time, and
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will flow by an easy descent through its own proper and natural channels.
An attempt to disturb that course, and to force Nature, will only bring on
universal discontent, distress, and confusion.
You tell me, Sir, that you prefer an union with Ireland to the little
regulations which are proposed in Parliament. This union is a great question
of state, to which, when it comes properly before me in my Parliamentary
capacity, I shall give an honest and unprejudiced consideration. However, it
is a settled rule with me, to make the most of my actual situation, and not to
refuse to do a proper thing because there is something else more proper
which I am not able to do. This union is a business of difficulty, and, on the
principles of your letter, a business impracticable. Until it can be matured
into a feasible and desirable scheme, I wish to have as close an union of
interest and affection with Ireland as I can have; and that, I am sure, is a far
better thing than any nominal union of government.
France, and indeed most extensive empires, which by various designs
and fortunes have grown into one great mass, contain many provinces that
are very different from each other in privileges and modes of government;
and they raise their supplies in different ways, in different proportions, and
under different authorities: yet none of them are for this reason curtailed of
their natural rights; but they carry on trade and manufactures with perfect
equality. In some way or other the true balance is found; and all of them are
properly poised and harmonized. How much have you lost by the
participation of Scotland in all your commerce? The external trade of
England has more than doubled since that period; and I believe your
internal (which is the most advantageous) has been augmented at least
fourfold. Such virtue there is in liberality of sentiment, that you have grown
richer even by the partnership of poverty.
An attempt to disturb that course, and to force Nature, will only bring on
universal discontent, distress, and confusion.
You tell me, Sir, that you prefer an union with Ireland to the little
regulations which are proposed in Parliament. This union is a great question
of state, to which, when it comes properly before me in my Parliamentary
capacity, I shall give an honest and unprejudiced consideration. However, it
is a settled rule with me, to make the most of my actual situation, and not to
refuse to do a proper thing because there is something else more proper
which I am not able to do. This union is a business of difficulty, and, on the
principles of your letter, a business impracticable. Until it can be matured
into a feasible and desirable scheme, I wish to have as close an union of
interest and affection with Ireland as I can have; and that, I am sure, is a far
better thing than any nominal union of government.
France, and indeed most extensive empires, which by various designs
and fortunes have grown into one great mass, contain many provinces that
are very different from each other in privileges and modes of government;
and they raise their supplies in different ways, in different proportions, and
under different authorities: yet none of them are for this reason curtailed of
their natural rights; but they carry on trade and manufactures with perfect
equality. In some way or other the true balance is found; and all of them are
properly poised and harmonized. How much have you lost by the
participation of Scotland in all your commerce? The external trade of
England has more than doubled since that period; and I believe your
internal (which is the most advantageous) has been augmented at least
fourfold. Such virtue there is in liberality of sentiment, that you have grown
richer even by the partnership of poverty.
Page 219
If you think that this participation was a loss, commercially considered,
but that it has been compensated by the share which Scotland has taken in
defraying the public charge, I believe you have not very carefully looked at
the public accounts. Ireland, Sir, pays a great deal more than Scotland, and
is perhaps as much and as effectually united to England as Scotland is. But
if Scotland, instead of paying little, had paid nothing at all, we should be
gainers, not losers, by acquiring the hearty coöperation of an active,
intelligent people towards the increase of the common stock, instead of our
being employed in watching and counteracting them, and their being
employed in watching and counteracting us, with the peevish and churlish
jealousy of rivals and enemies on both sides.
I am sure, Sir, that the commercial experience of the merchants of Bristol
will soon disabuse them of the prejudice, that they can trade no longer, if
countries more lightly taxed are permitted to deal in the same commodities
at the same markets. You know, that, in fact, you trade very largely where
you are met by the goods of all nations. You even pay high duties on the
import of your goods, and afterwards undersell nations less taxed, at their
own markets, and where goods of the same kind are not charged at all. If it
were otherwise, you could trade very little. You know that the price of all
sorts of manufacture is not a great deal enhanced (except to the domestic
consumer) by any taxes paid in this country. This I might very easily prove.
The same consideration will relieve you from the apprehension you
express with relation to sugars, and the difference of the duties paid here
and in Ireland. Those duties affect the interior consumer only, and for
obvious reasons, relative to the interest of revenue itself, they must be
proportioned to his ability of payment; but in all cases in which sugar can
be an object of commerce, and therefore (in this view) of rivalship, you are
sensible that you are at least on a par with Ireland. As to your apprehensions
concerning the more advantageous situation of Ireland for some branches of
but that it has been compensated by the share which Scotland has taken in
defraying the public charge, I believe you have not very carefully looked at
the public accounts. Ireland, Sir, pays a great deal more than Scotland, and
is perhaps as much and as effectually united to England as Scotland is. But
if Scotland, instead of paying little, had paid nothing at all, we should be
gainers, not losers, by acquiring the hearty coöperation of an active,
intelligent people towards the increase of the common stock, instead of our
being employed in watching and counteracting them, and their being
employed in watching and counteracting us, with the peevish and churlish
jealousy of rivals and enemies on both sides.
I am sure, Sir, that the commercial experience of the merchants of Bristol
will soon disabuse them of the prejudice, that they can trade no longer, if
countries more lightly taxed are permitted to deal in the same commodities
at the same markets. You know, that, in fact, you trade very largely where
you are met by the goods of all nations. You even pay high duties on the
import of your goods, and afterwards undersell nations less taxed, at their
own markets, and where goods of the same kind are not charged at all. If it
were otherwise, you could trade very little. You know that the price of all
sorts of manufacture is not a great deal enhanced (except to the domestic
consumer) by any taxes paid in this country. This I might very easily prove.
The same consideration will relieve you from the apprehension you
express with relation to sugars, and the difference of the duties paid here
and in Ireland. Those duties affect the interior consumer only, and for
obvious reasons, relative to the interest of revenue itself, they must be
proportioned to his ability of payment; but in all cases in which sugar can
be an object of commerce, and therefore (in this view) of rivalship, you are
sensible that you are at least on a par with Ireland. As to your apprehensions
concerning the more advantageous situation of Ireland for some branches of
Page 220
commerce, (for it is so but for some,) I trust you will not find them more
serious. Milford Haven, which is at your door, may serve to show you that
the mere advantage of ports, is not the thing which shifts the seat of
commerce from one part of the world to the other. If I thought you inclined
to take up this matter on local considerations, I should state to you, that I do
not know any part of the kingdom so well situated for an advantageous
commerce with Ireland as Bristol, and that none would be so likely to profit
of its prosperity as our city. But your profit and theirs must concur. Beggary
and bankruptcy are not the circumstances which invite to an intercourse
with that or with any country; and I believe it will be found invariably true,
that the superfluities of a rich nation furnish a better object of trade than the
necessities of a poor one. It is the interest of the commercial world that
wealth should be found everywhere.
The true ground of fear, in my opinion, is this: that Ireland, from the
vicious system of its internal polity, will be a long time before it can derive
any benefit from the liberty now granted, or from any thing else. But, as I
do not vote advantages in hopes that they may not be enjoyed, I will not lay
any stress upon this consideration. I rather wish that the Parliament of
Ireland may, in its own wisdom, remove these impediments, and put their
country in a condition to avail itself of its natural advantages. If they do not,
the fault is with them, and not with us.
I have written this long letter in order to give all possible satisfaction to
my constituents with regard to the part I have taken in this affair. It gave me
inexpressible concern to find that my conduct had been a cause of
uneasiness to any of them. Next to my honor and conscience, I have nothing
so near and dear to me as their approbation. However, I had much rather run
the risk of displeasing than of injuring them,—if I am driven to make such
an option. You obligingly lament that you are not to have me for your
advocate; but if I had been capable of acting as an advocate in opposition to
serious. Milford Haven, which is at your door, may serve to show you that
the mere advantage of ports, is not the thing which shifts the seat of
commerce from one part of the world to the other. If I thought you inclined
to take up this matter on local considerations, I should state to you, that I do
not know any part of the kingdom so well situated for an advantageous
commerce with Ireland as Bristol, and that none would be so likely to profit
of its prosperity as our city. But your profit and theirs must concur. Beggary
and bankruptcy are not the circumstances which invite to an intercourse
with that or with any country; and I believe it will be found invariably true,
that the superfluities of a rich nation furnish a better object of trade than the
necessities of a poor one. It is the interest of the commercial world that
wealth should be found everywhere.
The true ground of fear, in my opinion, is this: that Ireland, from the
vicious system of its internal polity, will be a long time before it can derive
any benefit from the liberty now granted, or from any thing else. But, as I
do not vote advantages in hopes that they may not be enjoyed, I will not lay
any stress upon this consideration. I rather wish that the Parliament of
Ireland may, in its own wisdom, remove these impediments, and put their
country in a condition to avail itself of its natural advantages. If they do not,
the fault is with them, and not with us.
I have written this long letter in order to give all possible satisfaction to
my constituents with regard to the part I have taken in this affair. It gave me
inexpressible concern to find that my conduct had been a cause of
uneasiness to any of them. Next to my honor and conscience, I have nothing
so near and dear to me as their approbation. However, I had much rather run
the risk of displeasing than of injuring them,—if I am driven to make such
an option. You obligingly lament that you are not to have me for your
advocate; but if I had been capable of acting as an advocate in opposition to
Page 221
a plan so perfectly consonant to my known principles, and to the opinions I
had publicly declared on an hundred occasions, I should only disgrace
myself, without supporting, with the smallest degree of credit or effect, the
cause you wished me to undertake. I should have lost the only thing which
can make such abilities as mine of any use to the world now or hereafter: I
mean that authority which is derived from an opinion that a member speaks
the language of truth and sincerity, and that he is not ready to take up or lay
down a great political system for the convenience of the hour, that he is in
Parliament to support his opinion of the public good, and does not form his
opinion in order to get into Parliament, or to continue in it. It is in a great
measure for your sake that I wish to preserve this character. Without it, I am
sure, I should be ill able to discharge, by any service, the smallest part of
that debt of gratitude and affection which I owe you for the great and
honorable trust you have reposed in me.
I am, with the highest regard and esteem, Sir,
Your most obedient and humble servant,
E.B.
BEACONSFIELD, 23rd April, 1778.
had publicly declared on an hundred occasions, I should only disgrace
myself, without supporting, with the smallest degree of credit or effect, the
cause you wished me to undertake. I should have lost the only thing which
can make such abilities as mine of any use to the world now or hereafter: I
mean that authority which is derived from an opinion that a member speaks
the language of truth and sincerity, and that he is not ready to take up or lay
down a great political system for the convenience of the hour, that he is in
Parliament to support his opinion of the public good, and does not form his
opinion in order to get into Parliament, or to continue in it. It is in a great
measure for your sake that I wish to preserve this character. Without it, I am
sure, I should be ill able to discharge, by any service, the smallest part of
that debt of gratitude and affection which I owe you for the great and
honorable trust you have reposed in me.
I am, with the highest regard and esteem, Sir,
Your most obedient and humble servant,
E.B.
BEACONSFIELD, 23rd April, 1778.
Page 222
COPY OF A LETTER TO MESSRS. ******* ****** AND
CO., BRISTOL.
Gentlemen,—
It gives me the most sensible concern to find that my vote on the
resolutions relative to the trade of Ireland has not been fortunate enough to
meet with your approbation. I have explained at large the grounds of my
conduct on that occasion in my letters to the Merchants' Hall; but my very
sincere regard and esteem for you will not permit me to let the matter pass
without an explanation which is particular to yourselves, and which I hope
will prove satisfactory to you.
You tell me that the conduct of your late member is not much wondered
at; but you seem to be at a loss to account for mine; and you lament that I
have taken so decided a part against my constituents.
This is rather an heavy imputation. Does it, then, really appear to you that
the propositions to which you refer are, on the face of them, so manifestly
wrong, and so certainly injurious to the trade and manufactures of Great
Britain, and particularly to yours, that no man could think of proposing or
supporting them, except from resentment to you, or from some other
oblique motive? If you suppose your late member, or if you suppose me, to
act upon other reasons than we choose to avow, to what do you attribute the
conduct of the other members, who in the beginning almost unanimously
adopted those resolutions? To what do you attribute the strong part taken by
the ministers, and, along with the ministers, by several of their most
CO., BRISTOL.
Gentlemen,—
It gives me the most sensible concern to find that my vote on the
resolutions relative to the trade of Ireland has not been fortunate enough to
meet with your approbation. I have explained at large the grounds of my
conduct on that occasion in my letters to the Merchants' Hall; but my very
sincere regard and esteem for you will not permit me to let the matter pass
without an explanation which is particular to yourselves, and which I hope
will prove satisfactory to you.
You tell me that the conduct of your late member is not much wondered
at; but you seem to be at a loss to account for mine; and you lament that I
have taken so decided a part against my constituents.
This is rather an heavy imputation. Does it, then, really appear to you that
the propositions to which you refer are, on the face of them, so manifestly
wrong, and so certainly injurious to the trade and manufactures of Great
Britain, and particularly to yours, that no man could think of proposing or
supporting them, except from resentment to you, or from some other
oblique motive? If you suppose your late member, or if you suppose me, to
act upon other reasons than we choose to avow, to what do you attribute the
conduct of the other members, who in the beginning almost unanimously
adopted those resolutions? To what do you attribute the strong part taken by
the ministers, and, along with the ministers, by several of their most
Page 223
declared opponents? This does not indicate a ministerial job, a party design,
or a provincial or local purpose. It is, therefore, not so absolutely clear that
the measure is wrong, or likely to be injurious to the true interests of any
place or any person.
The reason, Gentlemen, for taking this step, at this time, is but too
obvious and too urgent. I cannot imagine that you forget the great war
which has been carried on with so little success (and, as I thought, with so
little policy) in America, or that you are not aware of the other great wars
which are impending. Ireland has been called upon to repel the attacks of
enemies of no small power, brought upon her by councils in which she has
had no share. The very purpose and declared object of that original war,
which has brought other wars and other enemies on Ireland, was not very
flattering to her dignity, her interest, or to the very principle of her liberty.
Yet she submitted patiently to the evils she suffered from an attempt to
subdue to your obedience countries whose very commerce was not open to
her. America was to be conquered in order that Ireland should not trade
thither; whilst the miserable trade which she is permitted to carry on to
other places has been torn to pieces in the struggle. In this situation, are we
neither to suffer her to have any real interest in our quarrel, or to be flattered
with the hope of any future means of bearing the burdens which she is to
incur in defending herself against enemies which we have brought upon
her?
I cannot set my face against such arguments. Is it quite fair to suppose
that I have no other motive for yielding to them but a desire of acting
against my constituents? It is for you, and for your interest, as a dear,
cherished, and respected part of a valuable whole, that I have taken my
share in this question. You do not, you cannot, suffer by it. If honesty be
true policy with regard to the transient interest of individuals, it is much
more certainly so with regard to the permanent interests of communities. I
or a provincial or local purpose. It is, therefore, not so absolutely clear that
the measure is wrong, or likely to be injurious to the true interests of any
place or any person.
The reason, Gentlemen, for taking this step, at this time, is but too
obvious and too urgent. I cannot imagine that you forget the great war
which has been carried on with so little success (and, as I thought, with so
little policy) in America, or that you are not aware of the other great wars
which are impending. Ireland has been called upon to repel the attacks of
enemies of no small power, brought upon her by councils in which she has
had no share. The very purpose and declared object of that original war,
which has brought other wars and other enemies on Ireland, was not very
flattering to her dignity, her interest, or to the very principle of her liberty.
Yet she submitted patiently to the evils she suffered from an attempt to
subdue to your obedience countries whose very commerce was not open to
her. America was to be conquered in order that Ireland should not trade
thither; whilst the miserable trade which she is permitted to carry on to
other places has been torn to pieces in the struggle. In this situation, are we
neither to suffer her to have any real interest in our quarrel, or to be flattered
with the hope of any future means of bearing the burdens which she is to
incur in defending herself against enemies which we have brought upon
her?
I cannot set my face against such arguments. Is it quite fair to suppose
that I have no other motive for yielding to them but a desire of acting
against my constituents? It is for you, and for your interest, as a dear,
cherished, and respected part of a valuable whole, that I have taken my
share in this question. You do not, you cannot, suffer by it. If honesty be
true policy with regard to the transient interest of individuals, it is much
more certainly so with regard to the permanent interests of communities. I
Page 224
know that it is but too natural for us to see our own certain ruin in the
possible prosperity of other people. It is hard to persuade us that everything
which is got by another is not taken from ourselves. But it is fit that We
should get the better of these suggestions, which come from what is not the
best and soundest part of our nature, and that we should form to ourselves a
way of thinking, more rational, more just, and more religious. Trade is not a
limited thing: as if the objects of mutual demand and consumption could
not stretch beyond the bounds of our jealousies. God has given the earth to
the children of men, and He has undoubtedly, in giving it to them, given
them what is abundantly sufficient for all their exigencies: not a scanty, but
a most liberal, provision for them all. The Author of our nature has written
it strongly in that nature, and has promulgated the same law in His written
word, that man shall eat his bread by his labor; and I am persuaded that no
man, and no combination of men, for their own ideas of their particular
profit, can, without great impiety, undertake to say that he shall not do so,—
that they have no sort of right either to prevent the labor or to withhold the
bread. Ireland having received no compensation, directly or indirectly, for
any restraints on their trade, ought not, in justice or common honesty, to be
made subject to such restraints. I do not mean to impeach the right of the
Parliament of Great Britain to make laws for the trade of Ireland: I only
speak of what laws it is right for Parliament to make.
It is nothing to an oppressed people, to say that in part they are protected
at our charge. The military force which shall be kept up in order to cramp
the natural faculties of a people, and to prevent their arrival to their utmost
prosperity, is the instrument of their servitude, not the means of their
protection. To protect men is to forward, and not to restrain, their
improvement. Else, what is it more than to avow to them, and to the world,
that you guard them from others only to make them a prey to yourself? This
fundamental nature of protection does not belong to free, but to all
governments, and is as valid in Turkey as in Great Britain. No government
possible prosperity of other people. It is hard to persuade us that everything
which is got by another is not taken from ourselves. But it is fit that We
should get the better of these suggestions, which come from what is not the
best and soundest part of our nature, and that we should form to ourselves a
way of thinking, more rational, more just, and more religious. Trade is not a
limited thing: as if the objects of mutual demand and consumption could
not stretch beyond the bounds of our jealousies. God has given the earth to
the children of men, and He has undoubtedly, in giving it to them, given
them what is abundantly sufficient for all their exigencies: not a scanty, but
a most liberal, provision for them all. The Author of our nature has written
it strongly in that nature, and has promulgated the same law in His written
word, that man shall eat his bread by his labor; and I am persuaded that no
man, and no combination of men, for their own ideas of their particular
profit, can, without great impiety, undertake to say that he shall not do so,—
that they have no sort of right either to prevent the labor or to withhold the
bread. Ireland having received no compensation, directly or indirectly, for
any restraints on their trade, ought not, in justice or common honesty, to be
made subject to such restraints. I do not mean to impeach the right of the
Parliament of Great Britain to make laws for the trade of Ireland: I only
speak of what laws it is right for Parliament to make.
It is nothing to an oppressed people, to say that in part they are protected
at our charge. The military force which shall be kept up in order to cramp
the natural faculties of a people, and to prevent their arrival to their utmost
prosperity, is the instrument of their servitude, not the means of their
protection. To protect men is to forward, and not to restrain, their
improvement. Else, what is it more than to avow to them, and to the world,
that you guard them from others only to make them a prey to yourself? This
fundamental nature of protection does not belong to free, but to all
governments, and is as valid in Turkey as in Great Britain. No government
Page 225
ought to own that it exists for the purpose of checking the prosperity of its
people, or that there is such a principle involved in its policy.
Under the impression of these sentiments, (and not as wanting every
attention to my constituents which affection and gratitude could inspire,) I
voted for these bills which give you so much trouble. I voted for them, not
as doing complete justice to Ireland, but as being something less unjust than
the general prohibition which has hitherto prevailed. I hear some discourse
as if, in one or two paltry duties on materials, Ireland had a preference, and
that those who set themselves against this act of scanty justice assert that
they are only contending for an equality. What equality? Do they forget that
the whole woollen manufacture of Ireland, the most extensive and
profitable of any, and the natural staple of that kingdom, has been in a
manner so destroyed by restrictive laws of ours, and (at our persuasion, and
on our promises) by restrictive laws of their own, that in a few years, it is
probable, they will not be able to wear a coat of their own fabric? Is this
equality? Do gentlemen forget that the understood faith upon which they
were persuaded to such an unnatural act has not been kept,—but a linen-
manufacture has been set up, and highly encouraged, against them? Is this
equality? Do they forget the state of the trade of Ireland in beer, so great an
article of consumption, and which now stands in so mischievous a position
with regard to their revenue, their manufacture, and their agriculture? Do
they find any equality in all this? Yet, if the least step is taken towards doing
them common justice in the slightest articles for the most limited markets, a
cry is raised, as if we were going to be ruined by partiality to Ireland.
Gentlemen, I know that the deficiency in these arguments is made up (not
by you, but by others) by the usual resource on such occasions, the
confidence in military force and superior power. But that ground of
confidence, which at no time was perfectly just, or the avowal of it tolerably
decent, is at this time very unseasonable. Late experience has shown that it
people, or that there is such a principle involved in its policy.
Under the impression of these sentiments, (and not as wanting every
attention to my constituents which affection and gratitude could inspire,) I
voted for these bills which give you so much trouble. I voted for them, not
as doing complete justice to Ireland, but as being something less unjust than
the general prohibition which has hitherto prevailed. I hear some discourse
as if, in one or two paltry duties on materials, Ireland had a preference, and
that those who set themselves against this act of scanty justice assert that
they are only contending for an equality. What equality? Do they forget that
the whole woollen manufacture of Ireland, the most extensive and
profitable of any, and the natural staple of that kingdom, has been in a
manner so destroyed by restrictive laws of ours, and (at our persuasion, and
on our promises) by restrictive laws of their own, that in a few years, it is
probable, they will not be able to wear a coat of their own fabric? Is this
equality? Do gentlemen forget that the understood faith upon which they
were persuaded to such an unnatural act has not been kept,—but a linen-
manufacture has been set up, and highly encouraged, against them? Is this
equality? Do they forget the state of the trade of Ireland in beer, so great an
article of consumption, and which now stands in so mischievous a position
with regard to their revenue, their manufacture, and their agriculture? Do
they find any equality in all this? Yet, if the least step is taken towards doing
them common justice in the slightest articles for the most limited markets, a
cry is raised, as if we were going to be ruined by partiality to Ireland.
Gentlemen, I know that the deficiency in these arguments is made up (not
by you, but by others) by the usual resource on such occasions, the
confidence in military force and superior power. But that ground of
confidence, which at no time was perfectly just, or the avowal of it tolerably
decent, is at this time very unseasonable. Late experience has shown that it
Page 226
cannot be altogether relied upon; and many, if not all, of our present
difficulties have arisen from putting our trust in what may very possibly
fail, and, if it should fail, leaves those who are hurt by such a reliance
without pity. Whereas honesty and justice, reason and equity, go a very
great way in securing prosperity to those who use them, and, in case of
failure, secure the best retreat and the most honorable consolations.
It is very unfortunate that we should consider those as rivals, whom we
ought to regard as fellow-laborers in a common cause. Ireland has never
made a single step in its progress towards prosperity, by which you have not
had a share, and perhaps the greatest share, in the benefit. That progress has
been chiefly owing to her own natural advantages, and her own efforts,
which, after a long time, and by slow degrees, have prevailed in some
measure over the mischievous systems which have been adopted. Far
enough she is still from having arrived even at an ordinary state of
perfection; and if our jealousies were to be converted into politics as
systematically as some would have them, the trade of Ireland would vanish
out of the system of commerce. But, believe me, if Ireland is beneficial to
you, it is so not from the parts in which it is restrained, but from those in
which it is left free, though not left unrivalled. The greater its freedom, the
greater must be your advantage. If you should lose in one way, you will
gain in twenty.
Whilst I remain under this unalterable and powerful conviction, you will
not wonder at the decided part I take. It is my custom so to do, when I see
my way clearly before me, and when I know that I am not misled by any
passion or any personal interest, which in this case I am very sure I am not.
I find that disagreeable things are circulated among my constituents; and I
wish my sentiments, which form my justification, may be equally general
with the circulation against me. I have the honor to be, with the greatest
regard and esteem, Gentlemen,
difficulties have arisen from putting our trust in what may very possibly
fail, and, if it should fail, leaves those who are hurt by such a reliance
without pity. Whereas honesty and justice, reason and equity, go a very
great way in securing prosperity to those who use them, and, in case of
failure, secure the best retreat and the most honorable consolations.
It is very unfortunate that we should consider those as rivals, whom we
ought to regard as fellow-laborers in a common cause. Ireland has never
made a single step in its progress towards prosperity, by which you have not
had a share, and perhaps the greatest share, in the benefit. That progress has
been chiefly owing to her own natural advantages, and her own efforts,
which, after a long time, and by slow degrees, have prevailed in some
measure over the mischievous systems which have been adopted. Far
enough she is still from having arrived even at an ordinary state of
perfection; and if our jealousies were to be converted into politics as
systematically as some would have them, the trade of Ireland would vanish
out of the system of commerce. But, believe me, if Ireland is beneficial to
you, it is so not from the parts in which it is restrained, but from those in
which it is left free, though not left unrivalled. The greater its freedom, the
greater must be your advantage. If you should lose in one way, you will
gain in twenty.
Whilst I remain under this unalterable and powerful conviction, you will
not wonder at the decided part I take. It is my custom so to do, when I see
my way clearly before me, and when I know that I am not misled by any
passion or any personal interest, which in this case I am very sure I am not.
I find that disagreeable things are circulated among my constituents; and I
wish my sentiments, which form my justification, may be equally general
with the circulation against me. I have the honor to be, with the greatest
regard and esteem, Gentlemen,
Page 227
Your most obedient and humble servant,
E.B.
Westminster, May 2, 1778.
I send the bills.
E.B.
Westminster, May 2, 1778.
I send the bills.
Page 228
SPEECH
ON PRESENTING TO THE HOUSE OF COMMONS
(ON THE 11TH FEBRUARY, 1780)
A PLAN
FOR
THE BETTER SECURITY OF THE INDEPENDENCE OF
PARLIAMENT, AND THE ECONOMICAL REFORMATION
OF THE CIVIL AND OTHER ESTABLISHMENTS
Mr. Speaker,—I rise, in acquittal of my engagement to the House, in
obedience to the strong and just requisition of my constituents, and, I am
persuaded, in conformity to the unanimous wishes of the whole nation, to
submit to the wisdom of Parliament "A Plan of Reform in the Constitution
of Several Parts of the Public Economy."
I have endeavored that this plan should include, in its execution, a
considerable reduction of improper expense; that it should effect a
conversion of unprofitable titles into a productive estate; that it should lead
ON PRESENTING TO THE HOUSE OF COMMONS
(ON THE 11TH FEBRUARY, 1780)
A PLAN
FOR
THE BETTER SECURITY OF THE INDEPENDENCE OF
PARLIAMENT, AND THE ECONOMICAL REFORMATION
OF THE CIVIL AND OTHER ESTABLISHMENTS
Mr. Speaker,—I rise, in acquittal of my engagement to the House, in
obedience to the strong and just requisition of my constituents, and, I am
persuaded, in conformity to the unanimous wishes of the whole nation, to
submit to the wisdom of Parliament "A Plan of Reform in the Constitution
of Several Parts of the Public Economy."
I have endeavored that this plan should include, in its execution, a
considerable reduction of improper expense; that it should effect a
conversion of unprofitable titles into a productive estate; that it should lead
Page 229
to, and indeed almost compel, a provident administration of such sums of
public money as must remain under discretionary trusts; that it should
render the incurring debts on the civil establishment (which must ultimately
affect national strength and national credit) so very difficult as to become
next to impracticable.
But what, I confess, was uppermost with me, what I bent the whole force
of my mind to, was the reduction of that corrupt influence which is itself the
perennial spring of all prodigality and of all disorder,—which loads us more
than millions of debt,—which takes away vigor from our arms, wisdom
from our councils, and every shadow of authority and credit from the most
venerable parts of our Constitution.
Sir, I assure you very solemnly, and with a very clear conscience, that
nothing in the world has led me to such an undertaking but my zeal for the
honor of this House, and the settled, habitual, systematic affection I bear to
the cause and to the principles of government.
I enter perfectly into the nature and consequences of my attempt, and I
advance to it with a tremor that shakes me to the inmost fibre of my frame. I
feel that I engage in a business, in itself most ungracious, totally wide of the
course of prudent conduct, and, I really think, the most completely adverse
that can be imagined to the natural turn and temper of my own mind. I
know that all parsimony is of a quality approaching to unkindness, and that
(on some person or other) every reform must operate as a sort of
punishment. Indeed, the whole class of the severe and restrictive virtues are
at a market almost too high for humanity. What is worse, there are very few
of those virtues which are not capable of being imitated, and even outdone
in many of their most striking effects, by the worst of vices. Malignity and
envy will carve much more deeply, and finish much more sharply, in the
work of retrenchment, than frugality and providence. I do not, therefore,
public money as must remain under discretionary trusts; that it should
render the incurring debts on the civil establishment (which must ultimately
affect national strength and national credit) so very difficult as to become
next to impracticable.
But what, I confess, was uppermost with me, what I bent the whole force
of my mind to, was the reduction of that corrupt influence which is itself the
perennial spring of all prodigality and of all disorder,—which loads us more
than millions of debt,—which takes away vigor from our arms, wisdom
from our councils, and every shadow of authority and credit from the most
venerable parts of our Constitution.
Sir, I assure you very solemnly, and with a very clear conscience, that
nothing in the world has led me to such an undertaking but my zeal for the
honor of this House, and the settled, habitual, systematic affection I bear to
the cause and to the principles of government.
I enter perfectly into the nature and consequences of my attempt, and I
advance to it with a tremor that shakes me to the inmost fibre of my frame. I
feel that I engage in a business, in itself most ungracious, totally wide of the
course of prudent conduct, and, I really think, the most completely adverse
that can be imagined to the natural turn and temper of my own mind. I
know that all parsimony is of a quality approaching to unkindness, and that
(on some person or other) every reform must operate as a sort of
punishment. Indeed, the whole class of the severe and restrictive virtues are
at a market almost too high for humanity. What is worse, there are very few
of those virtues which are not capable of being imitated, and even outdone
in many of their most striking effects, by the worst of vices. Malignity and
envy will carve much more deeply, and finish much more sharply, in the
work of retrenchment, than frugality and providence. I do not, therefore,
Page 230
wonder that gentlemen have kept away from such a task, as well from
good-nature as from prudence. Private feeling might, indeed, be overborne
by legislative reason; and a man of a long-sighted and a strong-nerved
humanity might bring himself not so much to consider from whom he takes
a superfluous enjoyment as for whom in the end he may preserve the
absolute necessaries of life.
But it is much more easy to reconcile this measure in humanity than to
bring it to any agreement with prudence. I do not mean that little, selfish,
pitiful, bastard thing which sometimes goes by the name of a family in
which it is not legitimate and to which it is a disgrace;—I mean even that
public and enlarged prudence, which, apprehensive of being disabled from
rendering acceptable services to the world, withholds itself from those that
are invidious. Gentlemen who are, with me, verging towards the decline of
life, and are apt to form their ideas of kings from kings of former times,
might dread the anger of a reigning prince;—they who are more provident
of the future, or by being young are more interested in it, might tremble at
the resentment of the successor; they might see a long, dull, dreary,
unvaried visto of despair and exclusion, for half a century, before them.
This is no pleasant prospect at the outset of a political journey.
Besides this, Sir, the private enemies to be made in all attempts of this
kind are innumerable; and their enmity will be the more bitter, and the more
dangerous too, because a sense of dignity will oblige them to conceal the
cause of their resentment. Very few men of great families and extensive
connections but will feel the smart of a cutting reform, in some close
relation, some bosom friend, some pleasant acquaintance, some dear,
protected dependant. Emolument is taken from some; patronage from
others; objects of pursuit from all. Men forced into an involuntary
independence will abhor the authors of a blessing which in their eyes has so
very near a resemblance to a curse. When officers are removed, and the
good-nature as from prudence. Private feeling might, indeed, be overborne
by legislative reason; and a man of a long-sighted and a strong-nerved
humanity might bring himself not so much to consider from whom he takes
a superfluous enjoyment as for whom in the end he may preserve the
absolute necessaries of life.
But it is much more easy to reconcile this measure in humanity than to
bring it to any agreement with prudence. I do not mean that little, selfish,
pitiful, bastard thing which sometimes goes by the name of a family in
which it is not legitimate and to which it is a disgrace;—I mean even that
public and enlarged prudence, which, apprehensive of being disabled from
rendering acceptable services to the world, withholds itself from those that
are invidious. Gentlemen who are, with me, verging towards the decline of
life, and are apt to form their ideas of kings from kings of former times,
might dread the anger of a reigning prince;—they who are more provident
of the future, or by being young are more interested in it, might tremble at
the resentment of the successor; they might see a long, dull, dreary,
unvaried visto of despair and exclusion, for half a century, before them.
This is no pleasant prospect at the outset of a political journey.
Besides this, Sir, the private enemies to be made in all attempts of this
kind are innumerable; and their enmity will be the more bitter, and the more
dangerous too, because a sense of dignity will oblige them to conceal the
cause of their resentment. Very few men of great families and extensive
connections but will feel the smart of a cutting reform, in some close
relation, some bosom friend, some pleasant acquaintance, some dear,
protected dependant. Emolument is taken from some; patronage from
others; objects of pursuit from all. Men forced into an involuntary
independence will abhor the authors of a blessing which in their eyes has so
very near a resemblance to a curse. When officers are removed, and the
Page 231
offices remain, you may set the gratitude of some against the anger of
others, you may oppose the friends you oblige against the enemies you
provoke. But services of the present sort create no attachments. The
individual good felt in a public benefit is comparatively so small, comes
round through such an involved labyrinth of intricate and tedious
revolutions, whilst a present personal detriment is so heavy, where it falls,
and so instant in its operation, that the cold commendation of a public
advantage never was and never will be a match for the quick sensibility of a
private loss; and you may depend upon it, Sir, that, when many people have
an interest in railing, sooner or later, they will bring a considerable degree
of unpopularity upon any measure. So that, for the present at least, the
reformation will operate against the reformers; and revenge (as against
them at the least) will produce all the effects of corruption.
This, Sir, is almost always the case, where the plan has complete success.
But how stands the matter in the mere attempt? Nothing, you know, is more
common than for men to wish, and call loudly too, for a reformation, who,
when it arrives, do by no means like the severity of its aspect. Reformation
is one of those pieces which must be put at some distance in order to please.
Its greatest favorers love it better in the abstract than in the substance. When
any old prejudice of their own, or any interest that they value, is touched,
they become scrupulous, they become captious; and every man has his
separate exception. Some pluck out the black hairs, some the gray; one
point must be given up to one, another point must be yielded to another;
nothing is suffered to prevail upon its own principle; the whole is so
frittered down and disjointed, that scarcely a trace of the original scheme
remains. Thus, between the resistance of power, and the unsystematical
process of popularity, the undertaker and the undertaking are both exposed,
and the poor reformer is hissed off the stags both by friends and foes.
others, you may oppose the friends you oblige against the enemies you
provoke. But services of the present sort create no attachments. The
individual good felt in a public benefit is comparatively so small, comes
round through such an involved labyrinth of intricate and tedious
revolutions, whilst a present personal detriment is so heavy, where it falls,
and so instant in its operation, that the cold commendation of a public
advantage never was and never will be a match for the quick sensibility of a
private loss; and you may depend upon it, Sir, that, when many people have
an interest in railing, sooner or later, they will bring a considerable degree
of unpopularity upon any measure. So that, for the present at least, the
reformation will operate against the reformers; and revenge (as against
them at the least) will produce all the effects of corruption.
This, Sir, is almost always the case, where the plan has complete success.
But how stands the matter in the mere attempt? Nothing, you know, is more
common than for men to wish, and call loudly too, for a reformation, who,
when it arrives, do by no means like the severity of its aspect. Reformation
is one of those pieces which must be put at some distance in order to please.
Its greatest favorers love it better in the abstract than in the substance. When
any old prejudice of their own, or any interest that they value, is touched,
they become scrupulous, they become captious; and every man has his
separate exception. Some pluck out the black hairs, some the gray; one
point must be given up to one, another point must be yielded to another;
nothing is suffered to prevail upon its own principle; the whole is so
frittered down and disjointed, that scarcely a trace of the original scheme
remains. Thus, between the resistance of power, and the unsystematical
process of popularity, the undertaker and the undertaking are both exposed,
and the poor reformer is hissed off the stags both by friends and foes.
Page 232
Observe, Sir, that the apology for my undertaking (an apology which,
though long, is no longer than necessary) is not grounded on my want of the
fullest sense of the difficult and invidious nature of the task I undertake. I
risk odium, if I succeed, and contempt, if I fail. My excuse must rest in
mine and your conviction of the absolute, urgent necessity there is that
something of the kind should be done. If there is any sacrifice to be made,
either of estimation or of fortune, the smallest is the best. Commanders-in-
chief are not to be put upon the forlorn hope. But, indeed, it is necessary
that the attempt should be made. It is necessary from our own political
circumstances; it is necessary from the operations of the enemy; it is
necessary from the demands of the people, whose desires, when they do not
militate with the stable and eternal rules of justice and reason, (rules which
are above us and above them,) ought to be as a law to a House of
Commons.
As to our circumstances, I do not mean to aggravate the difficulties of
them by the strength of any coloring whatsoever. On the contrary, I observe,
and observe with pleasure, that our affairs rather wear a more promising
aspect than they did on the opening of this session. We have had some
leading successes. But those who rate them at the highest (higher a great
deal, indeed, than I dare to do) are of opinion, that, upon the ground of such
advantages, we cannot at this time hope to make any treaty of peace which
would not be ruinous and completely disgraceful. In such an anxious state
of things, if dawnings of success serve to animate our diligence, they are
good; if they tend to increase our presumption, they are worse than defeats.
The state of our affairs shall, then, be as promising as any one may choose
to conceive it: it is, however, but promising. We must recollect, that, with
but half of our natural strength, we are at war against confederated powers
who have singly threatened us with ruin; we must recollect, that, whilst we
are left naked on one side, our other flank is uncovered by any alliance;
that, whilst we are weighing and balancing our successes against our losses,
though long, is no longer than necessary) is not grounded on my want of the
fullest sense of the difficult and invidious nature of the task I undertake. I
risk odium, if I succeed, and contempt, if I fail. My excuse must rest in
mine and your conviction of the absolute, urgent necessity there is that
something of the kind should be done. If there is any sacrifice to be made,
either of estimation or of fortune, the smallest is the best. Commanders-in-
chief are not to be put upon the forlorn hope. But, indeed, it is necessary
that the attempt should be made. It is necessary from our own political
circumstances; it is necessary from the operations of the enemy; it is
necessary from the demands of the people, whose desires, when they do not
militate with the stable and eternal rules of justice and reason, (rules which
are above us and above them,) ought to be as a law to a House of
Commons.
As to our circumstances, I do not mean to aggravate the difficulties of
them by the strength of any coloring whatsoever. On the contrary, I observe,
and observe with pleasure, that our affairs rather wear a more promising
aspect than they did on the opening of this session. We have had some
leading successes. But those who rate them at the highest (higher a great
deal, indeed, than I dare to do) are of opinion, that, upon the ground of such
advantages, we cannot at this time hope to make any treaty of peace which
would not be ruinous and completely disgraceful. In such an anxious state
of things, if dawnings of success serve to animate our diligence, they are
good; if they tend to increase our presumption, they are worse than defeats.
The state of our affairs shall, then, be as promising as any one may choose
to conceive it: it is, however, but promising. We must recollect, that, with
but half of our natural strength, we are at war against confederated powers
who have singly threatened us with ruin; we must recollect, that, whilst we
are left naked on one side, our other flank is uncovered by any alliance;
that, whilst we are weighing and balancing our successes against our losses,
Page 233
we are accumulating debt to the amount of at least fourteen millions in the
year. That loss is certain.
I have no wish to deny that our successes are as brilliant as any one
chooses to make them; our resources, too, may, for me, be as unfathomable
as they are represented. Indeed, they are just whatever the people possess
and will submit to pay. Taxing is an easy business. Any projector can
contrive new impositions; any bungler can add to the old. But is it
altogether wise to have no other bounds to your impositions than the
patience of those who are to bear them?
All I claim upon the subject of your resources is this: that they are not
likely to be increased by wasting them. I think I shall be permitted to
assume that a system of frugality will not lessen your riches, whatever they
may be. I believe it will not be hotly disputed, that those resources which lie
heavy on the subject ought not to be objects of preference,—that they ought
not to be the very first choice, to an honest representative of the people.
This is all, Sir, that I shall say upon our circumstances and our resources:
I mean to say a little more on the operations of the enemy, because this
matter seems to me very natural in our present deliberation. When I look to
the other side of the water, I cannot help recollecting what Pyrrhus said, on
reconnoitring the Roman camp:—"These barbarians have nothing
barbarous in their discipline." When I look, as I have pretty carefully
looked, into the proceedings of the French king, I am sorry to say it, I see
nothing of the character and genius of arbitrary finance, none of the bold
frauds of bankrupt power, none of the wild struggles and plunges of
despotism in distress,—no lopping off from the capital of debt, no
suspension of interest, no robbery under the name of loan, no raising the
value, no debasing the substance of the coin. I see neither Louis the
Fourteenth nor Louis the Fifteenth. On the contrary, I behold, with
year. That loss is certain.
I have no wish to deny that our successes are as brilliant as any one
chooses to make them; our resources, too, may, for me, be as unfathomable
as they are represented. Indeed, they are just whatever the people possess
and will submit to pay. Taxing is an easy business. Any projector can
contrive new impositions; any bungler can add to the old. But is it
altogether wise to have no other bounds to your impositions than the
patience of those who are to bear them?
All I claim upon the subject of your resources is this: that they are not
likely to be increased by wasting them. I think I shall be permitted to
assume that a system of frugality will not lessen your riches, whatever they
may be. I believe it will not be hotly disputed, that those resources which lie
heavy on the subject ought not to be objects of preference,—that they ought
not to be the very first choice, to an honest representative of the people.
This is all, Sir, that I shall say upon our circumstances and our resources:
I mean to say a little more on the operations of the enemy, because this
matter seems to me very natural in our present deliberation. When I look to
the other side of the water, I cannot help recollecting what Pyrrhus said, on
reconnoitring the Roman camp:—"These barbarians have nothing
barbarous in their discipline." When I look, as I have pretty carefully
looked, into the proceedings of the French king, I am sorry to say it, I see
nothing of the character and genius of arbitrary finance, none of the bold
frauds of bankrupt power, none of the wild struggles and plunges of
despotism in distress,—no lopping off from the capital of debt, no
suspension of interest, no robbery under the name of loan, no raising the
value, no debasing the substance of the coin. I see neither Louis the
Fourteenth nor Louis the Fifteenth. On the contrary, I behold, with
Page 234
astonishment, rising before me, by the very hands of arbitrary power, and in
the very midst of war and confusion, a regular, methodical system of public
credit; I behold a fabric laid on the natural and solid foundations of trust
and confidence among men, and rising, by fair gradations, order over order,
according to the just rules of symmetry and art. What a reverse of things!
Principle, method, regularity, economy, frugality, justice to individuals, and
care of the people are the resources with which France makes war upon
Great Britain. God avert the omen! But if we should see any genius in war
and politics arise in France to second what is done in the bureau!—I turn
my eyes from the consequences.
The noble lord in the blue ribbon, last year, treated all this with contempt.
He never could conceive it possible that the French minister of finance
could go through that year with a loan of but seventeen hundred thousand
pounds, and that he should be able to fund that loan without any tax. The
second year, however, opens the very same scene. A small loan, a loan of no
more than two millions five hundred thousand pounds, is to carry our
enemies through the service of this year also. No tax is raised to fund that
debt; no tax is raised for the current services. I am credibly informed that
there is no anticipation whatsoever. Compensations[31] are correctly made.
Old debts continue to be sunk as in the time of profound peace. Even
payments which their treasury had been authorized to suspend during the
time of war are not suspended.
A general reform, executed through every department of the revenue,
creates an annual income of more than half a million, whilst it facilitates
and simplifies all the functions of administration. The king's household—at
the remotest avenues to which all reformation has been hitherto stopped,
that household which has been the stronghold of prodigality, the virgin
fortress which was never before attacked—has been not only not defended,
but it has, even in the forms, been surrendered by the king to the economy
the very midst of war and confusion, a regular, methodical system of public
credit; I behold a fabric laid on the natural and solid foundations of trust
and confidence among men, and rising, by fair gradations, order over order,
according to the just rules of symmetry and art. What a reverse of things!
Principle, method, regularity, economy, frugality, justice to individuals, and
care of the people are the resources with which France makes war upon
Great Britain. God avert the omen! But if we should see any genius in war
and politics arise in France to second what is done in the bureau!—I turn
my eyes from the consequences.
The noble lord in the blue ribbon, last year, treated all this with contempt.
He never could conceive it possible that the French minister of finance
could go through that year with a loan of but seventeen hundred thousand
pounds, and that he should be able to fund that loan without any tax. The
second year, however, opens the very same scene. A small loan, a loan of no
more than two millions five hundred thousand pounds, is to carry our
enemies through the service of this year also. No tax is raised to fund that
debt; no tax is raised for the current services. I am credibly informed that
there is no anticipation whatsoever. Compensations[31] are correctly made.
Old debts continue to be sunk as in the time of profound peace. Even
payments which their treasury had been authorized to suspend during the
time of war are not suspended.
A general reform, executed through every department of the revenue,
creates an annual income of more than half a million, whilst it facilitates
and simplifies all the functions of administration. The king's household—at
the remotest avenues to which all reformation has been hitherto stopped,
that household which has been the stronghold of prodigality, the virgin
fortress which was never before attacked—has been not only not defended,
but it has, even in the forms, been surrendered by the king to the economy
Page 235
of his minister. No capitulation; no reserve. Economy has entered in
triumph into the public splendor of the monarch, into his private
amusements, into the appointments of his nearest and highest relations.
Economy and public spirit have made a beneficent and an honest spoil: they
have plundered from extravagance and luxury, for the use of substantial
service, a revenue of near four hundred thousand pounds. The reform of the
finances, joined to this reform of the court, gives to the public nine hundred
thousand pounds a year, and upwards.
The minister who does these things is a great man; but the king who
desires that they should be done is a far greater. We must do justice to our
enemies: these are the acts of a patriot king. I am not in dread of the vast
armies of France; I am not in dread of the gallant spirit of its brave and
numerous nobility; I am not alarmed even at the great navy which has been
so miraculously created. All these things Louis the Fourteenth had before.
With all these things, the French monarchy has more than once fallen
prostrate at the feet of the public faith of Great Britain. It was the want of
public credit which disabled France from recovering after her defeats, or
recovering even from her victories and triumphs. It was a prodigal court, it
was an ill-ordered revenue, that sapped the foundations of all her greatness.
Credit cannot exist under the arm of necessity. Necessity strikes at credit, I
allow, with a heavier and quicker blow under an arbitrary monarchy than
under a limited and balanced government; but still necessity and credit are
natural enemies, and cannot be long reconciled in any situation. From
necessity and corruption, a free state may lose the spirit of that complex
constitution which is the foundation of confidence. On the other hand, I am
far from being sure that a monarchy, when once it is properly regulated,
may not for a long time furnish a foundation for credit upon the solidity of
its maxims, though it affords no ground of trust in its institutions. I am
afraid I see in England, and in France, something like a beginning of both
these things. I wish I may be found in a mistake.
triumph into the public splendor of the monarch, into his private
amusements, into the appointments of his nearest and highest relations.
Economy and public spirit have made a beneficent and an honest spoil: they
have plundered from extravagance and luxury, for the use of substantial
service, a revenue of near four hundred thousand pounds. The reform of the
finances, joined to this reform of the court, gives to the public nine hundred
thousand pounds a year, and upwards.
The minister who does these things is a great man; but the king who
desires that they should be done is a far greater. We must do justice to our
enemies: these are the acts of a patriot king. I am not in dread of the vast
armies of France; I am not in dread of the gallant spirit of its brave and
numerous nobility; I am not alarmed even at the great navy which has been
so miraculously created. All these things Louis the Fourteenth had before.
With all these things, the French monarchy has more than once fallen
prostrate at the feet of the public faith of Great Britain. It was the want of
public credit which disabled France from recovering after her defeats, or
recovering even from her victories and triumphs. It was a prodigal court, it
was an ill-ordered revenue, that sapped the foundations of all her greatness.
Credit cannot exist under the arm of necessity. Necessity strikes at credit, I
allow, with a heavier and quicker blow under an arbitrary monarchy than
under a limited and balanced government; but still necessity and credit are
natural enemies, and cannot be long reconciled in any situation. From
necessity and corruption, a free state may lose the spirit of that complex
constitution which is the foundation of confidence. On the other hand, I am
far from being sure that a monarchy, when once it is properly regulated,
may not for a long time furnish a foundation for credit upon the solidity of
its maxims, though it affords no ground of trust in its institutions. I am
afraid I see in England, and in France, something like a beginning of both
these things. I wish I may be found in a mistake.
Page 236
This very short and very imperfect state of what is now going on in
France (the last circumstances of which I received in about eight days after
the registry of the edict[32]) I do not, Sir, lay before you for any invidious
purpose. It is in order to excite in us the spirit of a noble emulation. Let the
nations make war upon each other, (since we must make war,) not with a
low and vulgar malignity, but by a competition of virtues. This is the only
way by which both parties can gain by war. The French have imitated us: let
us, through them, imitate ourselves,—ourselves in our better and happier
days. If public frugality, under whatever men, or in whatever mode of
government, is national strength, it is a strength which our enemies are in
possession of before us.
Sir, I am well aware that the state and the result of the French economy
which I have laid before you are even now lightly treated by some who
ought never to speak but from information. Pains have not been spared to
represent them as impositions on the public. Let me tell you, Sir, that the
creation of a navy, and a two years' war without taxing, are a very singular
species of imposture. But be it so. For what end does Necker carry on this
delusion? Is it to lower the estimation of the crown he serves, and to render
his own administration contemptible? No! No! He is conscious that the
sense of mankind is so clear and decided in favor of economy, and of the
weight and value of its resources, that he turns himself to every species of
fraud and artifice to obtain the mere reputation of it. Men do not affect a
conduct that tends to their discredit. Let us, then, get the better of Monsieur
Necker in his own way; let us do in reality what he does only in pretence;
let us turn his French tinsel into English gold. Is, then, the mere opinion and
appearance of frugality and good management of such use to France, and is
the substance to be so mischievous to England? Is the very constitution of
Nature so altered by a sea of twenty miles, that economy should give power
on the Continent, and that profusion should give it here? For God's sake, let
not this be the only fashion of France which we refuse to copy!
France (the last circumstances of which I received in about eight days after
the registry of the edict[32]) I do not, Sir, lay before you for any invidious
purpose. It is in order to excite in us the spirit of a noble emulation. Let the
nations make war upon each other, (since we must make war,) not with a
low and vulgar malignity, but by a competition of virtues. This is the only
way by which both parties can gain by war. The French have imitated us: let
us, through them, imitate ourselves,—ourselves in our better and happier
days. If public frugality, under whatever men, or in whatever mode of
government, is national strength, it is a strength which our enemies are in
possession of before us.
Sir, I am well aware that the state and the result of the French economy
which I have laid before you are even now lightly treated by some who
ought never to speak but from information. Pains have not been spared to
represent them as impositions on the public. Let me tell you, Sir, that the
creation of a navy, and a two years' war without taxing, are a very singular
species of imposture. But be it so. For what end does Necker carry on this
delusion? Is it to lower the estimation of the crown he serves, and to render
his own administration contemptible? No! No! He is conscious that the
sense of mankind is so clear and decided in favor of economy, and of the
weight and value of its resources, that he turns himself to every species of
fraud and artifice to obtain the mere reputation of it. Men do not affect a
conduct that tends to their discredit. Let us, then, get the better of Monsieur
Necker in his own way; let us do in reality what he does only in pretence;
let us turn his French tinsel into English gold. Is, then, the mere opinion and
appearance of frugality and good management of such use to France, and is
the substance to be so mischievous to England? Is the very constitution of
Nature so altered by a sea of twenty miles, that economy should give power
on the Continent, and that profusion should give it here? For God's sake, let
not this be the only fashion of France which we refuse to copy!
Page 237
To the last kind of necessity, the desires of the people, I have but a very
few words to say. The ministers seem to contest this point, and affect to
doubt whether the people do really desire a plan of economy in the civil
government. Sir, this is too ridiculous. It is impossible that they should not
desire it. It is impossible that a prodigality which draws its resources from
their indigence should be pleasing to them. Little factions of pensioners,
and their dependants, may talk another language. But the voice of Nature is
against them, and it will be heard. The people of England will not, they
cannot, take it kindly, that representatives should refuse to their constituents
what an absolute sovereign voluntarily offers to his subjects. The
expression of the petitions is, that, "before any new burdens are laid upon
this country, effectual measures be taken by this House to inquire into and
correct the gross abuses in the expenditure of public money."
This has been treated by the noble lord in the blue ribbon as a wild,
factious language. It happens, however, that the people, in their address to
us, use, almost word for word, the same terms as the king of France uses in
addressing himself to his people; and it differs only as it falls short of the
French king's idea of what is due to his subjects. "To convince," says he,
"our faithful subjects of the desire we entertain not to recur to new
impositions, until we have first exhausted all the resources which order and
economy can possibly supply," &c., &c.
These desires of the people of England, which come far short of the
voluntary concessions of the king of France, are moderate indeed. They
only contend that we should interweave some economy with the taxes with
which we have chosen to begin the war. They request, not that you should
rely upon economy exclusively, but that you should give it rank and
precedence, in the order of the ways and means of this single session.
few words to say. The ministers seem to contest this point, and affect to
doubt whether the people do really desire a plan of economy in the civil
government. Sir, this is too ridiculous. It is impossible that they should not
desire it. It is impossible that a prodigality which draws its resources from
their indigence should be pleasing to them. Little factions of pensioners,
and their dependants, may talk another language. But the voice of Nature is
against them, and it will be heard. The people of England will not, they
cannot, take it kindly, that representatives should refuse to their constituents
what an absolute sovereign voluntarily offers to his subjects. The
expression of the petitions is, that, "before any new burdens are laid upon
this country, effectual measures be taken by this House to inquire into and
correct the gross abuses in the expenditure of public money."
This has been treated by the noble lord in the blue ribbon as a wild,
factious language. It happens, however, that the people, in their address to
us, use, almost word for word, the same terms as the king of France uses in
addressing himself to his people; and it differs only as it falls short of the
French king's idea of what is due to his subjects. "To convince," says he,
"our faithful subjects of the desire we entertain not to recur to new
impositions, until we have first exhausted all the resources which order and
economy can possibly supply," &c., &c.
These desires of the people of England, which come far short of the
voluntary concessions of the king of France, are moderate indeed. They
only contend that we should interweave some economy with the taxes with
which we have chosen to begin the war. They request, not that you should
rely upon economy exclusively, but that you should give it rank and
precedence, in the order of the ways and means of this single session.
Page 238
But if it were possible that the desires of our constituents, desires which
are at once so natural and so very much tempered and subdued, should have
no weight with an House of Commons which has its eye elsewhere, I would
turn my eyes to the very quarter to which theirs are directed. I would reason
this matter with the House on the mere policy of the question; and I would
undertake to prove that an early dereliction of abuse is the direct interest of
government,—of government taken abstractedly from its duties, and
considered merely as a system intending its own conservation.
If there is any one eminent criterion which above all the rest
distinguishes a wise government from an administration weak and
improvident, it is this: "well to know the best time and manner of yielding
what it is impossible to keep." There have been, Sir, and there are, many
who choose to chicane with their situation rather than be instructed by it.
Those gentlemen argue against every desire of reformation upon the
principles of a criminal prosecution. It is enough for them to justify their
adherence to a pernicious system, that it is not of their contrivance,—that it
is an inheritance of absurdity, derived to them from their ancestors,—that
they can make out a long and unbroken pedigree of mismanagers that have
gone before them. They are proud of the antiquity of their house; and they
defend their errors as if they were defending their inheritance, afraid of
derogating from their nobility, and carefully avoiding a sort of blot in their
scutcheon, which they think would degrade them forever.
It was thus that the unfortunate Charles the First defended himself on the
practice of the Stuart who went before him, and of all the Tudors. His
partisans might have gone to the Plantagenets. They might have found bad
examples enough, both abroad and at home, that could have shown an
ancient and illustrious descent. But there is a time when men will not suffer
bad things because their ancestors have suffered worse. There is a time
when the hoary head of inveterate abuse will neither draw reverence nor
are at once so natural and so very much tempered and subdued, should have
no weight with an House of Commons which has its eye elsewhere, I would
turn my eyes to the very quarter to which theirs are directed. I would reason
this matter with the House on the mere policy of the question; and I would
undertake to prove that an early dereliction of abuse is the direct interest of
government,—of government taken abstractedly from its duties, and
considered merely as a system intending its own conservation.
If there is any one eminent criterion which above all the rest
distinguishes a wise government from an administration weak and
improvident, it is this: "well to know the best time and manner of yielding
what it is impossible to keep." There have been, Sir, and there are, many
who choose to chicane with their situation rather than be instructed by it.
Those gentlemen argue against every desire of reformation upon the
principles of a criminal prosecution. It is enough for them to justify their
adherence to a pernicious system, that it is not of their contrivance,—that it
is an inheritance of absurdity, derived to them from their ancestors,—that
they can make out a long and unbroken pedigree of mismanagers that have
gone before them. They are proud of the antiquity of their house; and they
defend their errors as if they were defending their inheritance, afraid of
derogating from their nobility, and carefully avoiding a sort of blot in their
scutcheon, which they think would degrade them forever.
It was thus that the unfortunate Charles the First defended himself on the
practice of the Stuart who went before him, and of all the Tudors. His
partisans might have gone to the Plantagenets. They might have found bad
examples enough, both abroad and at home, that could have shown an
ancient and illustrious descent. But there is a time when men will not suffer
bad things because their ancestors have suffered worse. There is a time
when the hoary head of inveterate abuse will neither draw reverence nor
Page 239
obtain protection. If the noble lord in the blue ribbon pleads, "Not guilty," to
the charges brought against the present system of public economy, it is not
possible to give a fair verdict by which he will not stand acquitted. But
pleading is not our present business. His plea or his traverse may be
allowed as an answer to a charge, when a charge is made. But if he puts
himself in the way to obstruct reformation, then the faults of his office
instantly become his own. Instead of a public officer in an abusive
department, whose province is an object to be regulated, he becomes a
criminal who is to be punished. I do most seriously put it to administration
to consider the wisdom of a timely reform. Early reformations are amicable
arrangements with a friend in power; late reformations are terms imposed
upon a conquered enemy: early reformations are made in cool blood; late
reformations are made under a state of inflammation. In that state of things
the people behold in government nothing that is respectable. They see the
abuse, and they will see nothing else. They fall into the temper of a furious
populace provoked at the disorder of a house of ill-fame; they never attempt
to correct or regulate; they go to work by the shortest way: they abate the
nuisance, they pull down the house.
This is my opinion with regard to the true interest of government. But as
it is the interest of government that reformation should be early, it is the
interest of the people that it should be temperate. It is their interest, because
a temperate reform is permanent, and because it has a principle of growth.
Whenever we improve, it is right to leave room for a further improvement.
It is right to consider, to look about us, to examine the effect of what we
have done. Then we can proceed with confidence, because we can proceed
with intelligence. Whereas in hot reformations, in what men more zealous
than considerate call making clear work, the whole is generally so crude, so
harsh, so indigested, mixed with so much imprudence and so much
injustice, so contrary to the whole course of human nature and human
institutions, that the very people who are most eager for it are among the
the charges brought against the present system of public economy, it is not
possible to give a fair verdict by which he will not stand acquitted. But
pleading is not our present business. His plea or his traverse may be
allowed as an answer to a charge, when a charge is made. But if he puts
himself in the way to obstruct reformation, then the faults of his office
instantly become his own. Instead of a public officer in an abusive
department, whose province is an object to be regulated, he becomes a
criminal who is to be punished. I do most seriously put it to administration
to consider the wisdom of a timely reform. Early reformations are amicable
arrangements with a friend in power; late reformations are terms imposed
upon a conquered enemy: early reformations are made in cool blood; late
reformations are made under a state of inflammation. In that state of things
the people behold in government nothing that is respectable. They see the
abuse, and they will see nothing else. They fall into the temper of a furious
populace provoked at the disorder of a house of ill-fame; they never attempt
to correct or regulate; they go to work by the shortest way: they abate the
nuisance, they pull down the house.
This is my opinion with regard to the true interest of government. But as
it is the interest of government that reformation should be early, it is the
interest of the people that it should be temperate. It is their interest, because
a temperate reform is permanent, and because it has a principle of growth.
Whenever we improve, it is right to leave room for a further improvement.
It is right to consider, to look about us, to examine the effect of what we
have done. Then we can proceed with confidence, because we can proceed
with intelligence. Whereas in hot reformations, in what men more zealous
than considerate call making clear work, the whole is generally so crude, so
harsh, so indigested, mixed with so much imprudence and so much
injustice, so contrary to the whole course of human nature and human
institutions, that the very people who are most eager for it are among the
Page 240
first to grow disgusted at what they have done. Then some part of the
abdicated grievance is recalled from its exile in order to become a
corrective of the correction. Then the abuse assumes all the credit and
popularity of a reform. The very idea of purity and disinterestedness in
politics falls into disrepute, and is considered as a vision of hot and
inexperienced men; and thus disorders become incurable, not by the
virulence of their own quality, but by the unapt and violent nature of the
remedies. A great part, therefore, of my idea of reform is meant to operate
gradually: some benefits will come at a nearer, some at a more remote
period. We must no more make haste to be rich by parsimony than by
intemperate acquisition.
In my opinion, it is our duty, when we have the desires of the people
before us, to pursue them, not in the spirit of literal obedience, which may
militate with their very principle,—much less to treat them with a peevish
and contentious litigation, as if we were adverse parties in a suit. It would,
Sir, be most dishonorable for a faithful representative of the Commons to
take advantage of any inartificial expression of the people's wishes, in order
to frustrate their attainment of what they have an undoubted right to expect.
We are under infinite obligations to our constituents, who have raised us to
so distinguished a trust, and have imparted such a degree of sanctity to
common characters. We ought to walk before them with purity, plainness,
and integrity of heart,—with filial love, and not with slavish fear, which is
always a low and tricking thing. For my own part, in what I have meditated
upon that subject, I cannot, indeed, take upon me to say I have the honor to
follow the sense of the people. The truth is, I met it on the way, while I was
pursuing their interest according to my own ideas. I am happy beyond
expression to find that my intentions have so far coincided with theirs, that I
have not had, cause to be in the least scrupulous to sign their petition,
conceiving it to express my own opinions, as nearly as general terms can
express the object of particular arrangements.
abdicated grievance is recalled from its exile in order to become a
corrective of the correction. Then the abuse assumes all the credit and
popularity of a reform. The very idea of purity and disinterestedness in
politics falls into disrepute, and is considered as a vision of hot and
inexperienced men; and thus disorders become incurable, not by the
virulence of their own quality, but by the unapt and violent nature of the
remedies. A great part, therefore, of my idea of reform is meant to operate
gradually: some benefits will come at a nearer, some at a more remote
period. We must no more make haste to be rich by parsimony than by
intemperate acquisition.
In my opinion, it is our duty, when we have the desires of the people
before us, to pursue them, not in the spirit of literal obedience, which may
militate with their very principle,—much less to treat them with a peevish
and contentious litigation, as if we were adverse parties in a suit. It would,
Sir, be most dishonorable for a faithful representative of the Commons to
take advantage of any inartificial expression of the people's wishes, in order
to frustrate their attainment of what they have an undoubted right to expect.
We are under infinite obligations to our constituents, who have raised us to
so distinguished a trust, and have imparted such a degree of sanctity to
common characters. We ought to walk before them with purity, plainness,
and integrity of heart,—with filial love, and not with slavish fear, which is
always a low and tricking thing. For my own part, in what I have meditated
upon that subject, I cannot, indeed, take upon me to say I have the honor to
follow the sense of the people. The truth is, I met it on the way, while I was
pursuing their interest according to my own ideas. I am happy beyond
expression to find that my intentions have so far coincided with theirs, that I
have not had, cause to be in the least scrupulous to sign their petition,
conceiving it to express my own opinions, as nearly as general terms can
express the object of particular arrangements.
Page 241
I am therefore satisfied to act as a fair mediator between government and
the people, endeavoring to form a plan which should have both an early and
a temperate operation. I mean, that it should be substantial, that it should be
systematic, that it should rather strike at the first cause of prodigality and
corrupt influence than attempt to follow them in all their effects.
It was to fulfil the first of these objects (the proposal of something
substantial) that I found myself obliged, at the outset, to reject a plan
proposed by an honorable and attentive member of Parliament,[33] with very
good intentions on his part, about a year or two ago. Sir, the plan I speak of
was the tax of twenty-five per cent moved upon places and pensions during
the continuance of the American war. Nothing, Sir, could have met my ideas
more than such a tax, if it was considered as a practical satire on that war,
and as a penalty upon those who led us into it; but in any other view it
appeared to me very liable to objections. I considered the scheme as neither
substantial, nor permanent, nor systematical, nor likely to be a corrective of
evil influence. I have always thought employments a very proper subject of
regulation, but a very ill-chosen subject for a tax. An equal tax upon
property is reasonable; because the object is of the same quality throughout.
The species is the same; it differs only in its quantity. But a tax upon
salaries is totally of a different nature; there can be no equality, and
consequently no justice, in taxing them by the hundred in the gross.
We have, Sir, on our establishment several offices which perform real
service: we have also places that provide large rewards for no service at all.
We have stations which are made for the public decorum, made for
preserving the grace and majesty of a great people: we have likewise
expensive formalities, which tend rather to the disgrace than the ornament
of the state and the court. This, Sir, is the real condition of our
establishments. To fall with the same severity on objects so perfectly
dissimilar is the very reverse of a reformation,—I mean a reformation
the people, endeavoring to form a plan which should have both an early and
a temperate operation. I mean, that it should be substantial, that it should be
systematic, that it should rather strike at the first cause of prodigality and
corrupt influence than attempt to follow them in all their effects.
It was to fulfil the first of these objects (the proposal of something
substantial) that I found myself obliged, at the outset, to reject a plan
proposed by an honorable and attentive member of Parliament,[33] with very
good intentions on his part, about a year or two ago. Sir, the plan I speak of
was the tax of twenty-five per cent moved upon places and pensions during
the continuance of the American war. Nothing, Sir, could have met my ideas
more than such a tax, if it was considered as a practical satire on that war,
and as a penalty upon those who led us into it; but in any other view it
appeared to me very liable to objections. I considered the scheme as neither
substantial, nor permanent, nor systematical, nor likely to be a corrective of
evil influence. I have always thought employments a very proper subject of
regulation, but a very ill-chosen subject for a tax. An equal tax upon
property is reasonable; because the object is of the same quality throughout.
The species is the same; it differs only in its quantity. But a tax upon
salaries is totally of a different nature; there can be no equality, and
consequently no justice, in taxing them by the hundred in the gross.
We have, Sir, on our establishment several offices which perform real
service: we have also places that provide large rewards for no service at all.
We have stations which are made for the public decorum, made for
preserving the grace and majesty of a great people: we have likewise
expensive formalities, which tend rather to the disgrace than the ornament
of the state and the court. This, Sir, is the real condition of our
establishments. To fall with the same severity on objects so perfectly
dissimilar is the very reverse of a reformation,—I mean a reformation
Page 242
framed, as all serious things ought to be, in number, weight, and measure.—
Suppose, for instance, that two men receive a salary of 800l. a year each. In
the office of one there is nothing at all to be done; in the other, the occupier
is oppressed by its duties. Strike off twenty-five per cent from these two
offices, you take from one man 200l. which in justice he ought to have, and
you give in effect to the other 600l. which he ought not to receive. The
public robs the former, and the latter robs the public; and this mode of
mutual robbery is the only way in which the office and the public can make
up their accounts.
But the balance, in settling the account of this double injustice, is much
against the state. The result is short. You purchase a saving of two hundred
pounds by a profusion of six. Besides, Sir, whilst you leave a supply of
unsecured money behind, wholly at the discretion of ministers, they make
up the tax to such places as they wish to favor, or in such new places as they
may choose to create. Thus the civil list becomes oppressed with debt; and
the public is obliged to repay, and to repay with an heavy interest, what it
has taken by an injudicious tax. Such has been the effect of the taxes
hitherto laid on pensions and employments, and it is no encouragement to
recur again to the same expedient.
In effect, such a scheme is not calculated to produce, but to prevent
reformation. It holds out a shadow of present gain to a greedy and
necessitous public, to divert their attention from those abuses which in
reality are the great causes of their wants. It is a composition to stay
inquiry; it is a fine paid by mismanagement for the renewal of its lease;
what is worse, it is a fine paid by industry and merit for an indemnity to the
idle and the worthless. But I shall say no more upon this topic, because
(whatever may be given out to the contrary) I know that the noble lord in
the blue ribbon perfectly agrees with me in these sentiments.
Suppose, for instance, that two men receive a salary of 800l. a year each. In
the office of one there is nothing at all to be done; in the other, the occupier
is oppressed by its duties. Strike off twenty-five per cent from these two
offices, you take from one man 200l. which in justice he ought to have, and
you give in effect to the other 600l. which he ought not to receive. The
public robs the former, and the latter robs the public; and this mode of
mutual robbery is the only way in which the office and the public can make
up their accounts.
But the balance, in settling the account of this double injustice, is much
against the state. The result is short. You purchase a saving of two hundred
pounds by a profusion of six. Besides, Sir, whilst you leave a supply of
unsecured money behind, wholly at the discretion of ministers, they make
up the tax to such places as they wish to favor, or in such new places as they
may choose to create. Thus the civil list becomes oppressed with debt; and
the public is obliged to repay, and to repay with an heavy interest, what it
has taken by an injudicious tax. Such has been the effect of the taxes
hitherto laid on pensions and employments, and it is no encouragement to
recur again to the same expedient.
In effect, such a scheme is not calculated to produce, but to prevent
reformation. It holds out a shadow of present gain to a greedy and
necessitous public, to divert their attention from those abuses which in
reality are the great causes of their wants. It is a composition to stay
inquiry; it is a fine paid by mismanagement for the renewal of its lease;
what is worse, it is a fine paid by industry and merit for an indemnity to the
idle and the worthless. But I shall say no more upon this topic, because
(whatever may be given out to the contrary) I know that the noble lord in
the blue ribbon perfectly agrees with me in these sentiments.
Page 243
After all that I have said on this subject, I am so sensible that it is our
duty to try everything which may contribute to the relief of the nation, that I
do not attempt wholly to reprobate the idea even of a tax. Whenever, Sir, the
incumbrance of useless office (which lies no less a dead weight upon the
service of the state than upon its revenues) shall be removed,—when the
remaining offices shall be classed according to the just proportion of their
rewards and services, so as to admit the application of an equal rule to their
taxation,—when the discretionary power over the civil list cash shall be so
regulated that a minister shall no longer have the means of repaying with a
private what is taken by a public hand,—if, after all these preliminary
regulations, it should be thought that a tax on places is an object worthy of
the public attention, I shall be very ready to lend my hand to a reduction of
their emoluments.
Having thus, Sir, not so much absolutely rejected as postponed the plan
of a taxation of office, my next business was to find something which might
be really substantial and effectual. I am quite clear, that, if we do not go to
the very origin and first ruling cause of grievances, we do nothing. What
does it signify to turn abuses out of one door, if we are to let them in at
another? What does it signify to promote economy upon a measure, and to
suffer it to be subverted in the principle? Our ministers are far from being
wholly to blame for the present ill order which prevails. Whilst institutions
directly repugnant to good management are suffered to remain, no effectual
or lasting reform can be introduced.
I therefore thought it necessary, as soon as I conceived thoughts of
submitting to you some plan of reform, to take a comprehensive view of the
state of this country,—to make a sort of survey of its jurisdictions, its
estates, and its establishments. Something in every one of them seemed to
me to stand in the way of all economy in their administration, and
prevented every possibility of methodizing the system. But being, as I ought
duty to try everything which may contribute to the relief of the nation, that I
do not attempt wholly to reprobate the idea even of a tax. Whenever, Sir, the
incumbrance of useless office (which lies no less a dead weight upon the
service of the state than upon its revenues) shall be removed,—when the
remaining offices shall be classed according to the just proportion of their
rewards and services, so as to admit the application of an equal rule to their
taxation,—when the discretionary power over the civil list cash shall be so
regulated that a minister shall no longer have the means of repaying with a
private what is taken by a public hand,—if, after all these preliminary
regulations, it should be thought that a tax on places is an object worthy of
the public attention, I shall be very ready to lend my hand to a reduction of
their emoluments.
Having thus, Sir, not so much absolutely rejected as postponed the plan
of a taxation of office, my next business was to find something which might
be really substantial and effectual. I am quite clear, that, if we do not go to
the very origin and first ruling cause of grievances, we do nothing. What
does it signify to turn abuses out of one door, if we are to let them in at
another? What does it signify to promote economy upon a measure, and to
suffer it to be subverted in the principle? Our ministers are far from being
wholly to blame for the present ill order which prevails. Whilst institutions
directly repugnant to good management are suffered to remain, no effectual
or lasting reform can be introduced.
I therefore thought it necessary, as soon as I conceived thoughts of
submitting to you some plan of reform, to take a comprehensive view of the
state of this country,—to make a sort of survey of its jurisdictions, its
estates, and its establishments. Something in every one of them seemed to
me to stand in the way of all economy in their administration, and
prevented every possibility of methodizing the system. But being, as I ought
Page 244
to be, doubtful of myself, I was resolved not to proceed in an arbitrary
manner in any particular which tended to change the settled state of things,
or in any degree to affect the fortune or situation, the interest or the
importance, of any individual. By an arbitrary proceeding I mean one
conducted by the private opinions, tastes, or feelings of the man who
attempts to regulate. These private measures are not standards of the
exchequer, nor balances of the sanctuary. General principles cannot be
debauched or corrupted by interest or caprice; and by those principles I was
resolved to work.
Sir, before I proceed further, I will lay these principles fairly before you,
that afterwards you may be in a condition to judge whether every object of
regulation, as I propose it, comes fairly under its rule. This will exceedingly
shorten all discussion between us, if we are perfectly in earnest in
establishing a system of good management. I therefore lay down to myself
seven fundamental rules: they might, indeed, be reduced to two or three
simple maxims; but they would be too general, and their application to the
several heads of the business before us would not be so distinct and visible.
I conceive, then,
manner in any particular which tended to change the settled state of things,
or in any degree to affect the fortune or situation, the interest or the
importance, of any individual. By an arbitrary proceeding I mean one
conducted by the private opinions, tastes, or feelings of the man who
attempts to regulate. These private measures are not standards of the
exchequer, nor balances of the sanctuary. General principles cannot be
debauched or corrupted by interest or caprice; and by those principles I was
resolved to work.
Sir, before I proceed further, I will lay these principles fairly before you,
that afterwards you may be in a condition to judge whether every object of
regulation, as I propose it, comes fairly under its rule. This will exceedingly
shorten all discussion between us, if we are perfectly in earnest in
establishing a system of good management. I therefore lay down to myself
seven fundamental rules: they might, indeed, be reduced to two or three
simple maxims; but they would be too general, and their application to the
several heads of the business before us would not be so distinct and visible.
I conceive, then,
Page 245
First, That all jurisdictions which furnish more matter of expense,
more temptation to oppression, or more means and instruments of
corrupt influence, than advantage to justice or political
administration, ought to be abolished.
Secondly, That all public estates which are more subservient to the
purposes of vexing, overawing, and influencing those who hold
under them, and to the expense of perception and management, than
of benefit to the revenue, ought, upon every principle both of
revenue and of freedom, to be disposed of.
Thirdly, That all offices which bring more charge than proportional
advantage to the state, that all offices which may be engrafted on
others, uniting and simplifying their duties, ought, in the first case,
to be taken away, and, in the second, to be consolidated.
Fourthly, That all such offices ought to be abolished as obstruct the
prospect of the general superintendent of finance, which destroy his
superintendency, which disable him from foreseeing and providing
for charges as they may occur, from preventing expense in its origin,
checking it in its progress, or securing its application to its proper
purposes. A minister, under whom expenses can be made without
his knowledge, can never say what it is that he can spend, or what it
is that he can save.
Fifthly, That it is proper to establish an invariable order in all
payments, which will prevent partiality, which will give preference
to services, not according to the importunity of the demandant, but
the rank and order of their utility or their justice.
more temptation to oppression, or more means and instruments of
corrupt influence, than advantage to justice or political
administration, ought to be abolished.
Secondly, That all public estates which are more subservient to the
purposes of vexing, overawing, and influencing those who hold
under them, and to the expense of perception and management, than
of benefit to the revenue, ought, upon every principle both of
revenue and of freedom, to be disposed of.
Thirdly, That all offices which bring more charge than proportional
advantage to the state, that all offices which may be engrafted on
others, uniting and simplifying their duties, ought, in the first case,
to be taken away, and, in the second, to be consolidated.
Fourthly, That all such offices ought to be abolished as obstruct the
prospect of the general superintendent of finance, which destroy his
superintendency, which disable him from foreseeing and providing
for charges as they may occur, from preventing expense in its origin,
checking it in its progress, or securing its application to its proper
purposes. A minister, under whom expenses can be made without
his knowledge, can never say what it is that he can spend, or what it
is that he can save.
Fifthly, That it is proper to establish an invariable order in all
payments, which will prevent partiality, which will give preference
to services, not according to the importunity of the demandant, but
the rank and order of their utility or their justice.
Page 246
Sixthly, That it is right to reduce every establishment and every part
of an establishment (as nearly as possible) to certainty, the life of all
order and good management.
Seventhly, That all subordinate treasuries, as the nurseries of
mismanagement, and as naturally drawing to themselves as much
money as they can, keeping it as long as they can, and accounting
for it as late as they can, ought to be dissolved. They have a
tendency to perplex and distract the public accounts, and to excite a
suspicion of government even beyond the extent of their abuse.
Under the authority and with the guidance of those principles I proceed,
—wishing that nothing in any establishment may be changed, where I am
not able to make a strong, direct, and solid application of those principles,
or of some one of them. An economical constitution is a necessary basis for
an economical administration.
First, with regard to the sovereign jurisdictions, I must observe, Sir, that
whoever takes a view of this kingdom in a cursory manner will imagine that
he beholds a solid, compacted, uniform system of monarchy, in which all
inferior jurisdictions are but as rays diverging from one centre. But on
examining it more nearly, you find much eccentricity and confusion. It is
not a monarchy in strictness. But, as in the Saxon times this country was an
heptarchy, it is now a strange sort of pentarchy. It is divided into five
several distinct principalities, besides the supreme. There is, indeed, this
difference from the Saxon times,—that, as in the itinerant exhibitions of the
stage, for want of a complete company, they are obliged to throw a variety
of parts on their chief performer, so our sovereign condescends himself to
act not only the principal, but all the subordinate parts in the play. He
condescends to dissipate the royal character, and to trifle with those light,
subordinate, lacquered sceptres in those hands that sustain the ball
of an establishment (as nearly as possible) to certainty, the life of all
order and good management.
Seventhly, That all subordinate treasuries, as the nurseries of
mismanagement, and as naturally drawing to themselves as much
money as they can, keeping it as long as they can, and accounting
for it as late as they can, ought to be dissolved. They have a
tendency to perplex and distract the public accounts, and to excite a
suspicion of government even beyond the extent of their abuse.
Under the authority and with the guidance of those principles I proceed,
—wishing that nothing in any establishment may be changed, where I am
not able to make a strong, direct, and solid application of those principles,
or of some one of them. An economical constitution is a necessary basis for
an economical administration.
First, with regard to the sovereign jurisdictions, I must observe, Sir, that
whoever takes a view of this kingdom in a cursory manner will imagine that
he beholds a solid, compacted, uniform system of monarchy, in which all
inferior jurisdictions are but as rays diverging from one centre. But on
examining it more nearly, you find much eccentricity and confusion. It is
not a monarchy in strictness. But, as in the Saxon times this country was an
heptarchy, it is now a strange sort of pentarchy. It is divided into five
several distinct principalities, besides the supreme. There is, indeed, this
difference from the Saxon times,—that, as in the itinerant exhibitions of the
stage, for want of a complete company, they are obliged to throw a variety
of parts on their chief performer, so our sovereign condescends himself to
act not only the principal, but all the subordinate parts in the play. He
condescends to dissipate the royal character, and to trifle with those light,
subordinate, lacquered sceptres in those hands that sustain the ball
Page 247
representing the world, or which wield the trident that commands the ocean.
Cross a brook, and you lose the King of England; but you have some
comfort in coming again under his Majesty, though "shorn of his beams,"
and no more than Prince of Wales. Go to the north, and you find him
dwindled to a Duke of Lancaster; turn to the west of that north, and he pops
upon you in the humble character of Earl of Chester. Travel a few miles on,
the Earl of Chester disappears, and the king surprises you again as Count
Palatine of Lancaster. If you travel beyond Mount Edgecombe, you find
him ones more in his incognito, and he is Duke of Cornwall. So that, quite
fatigued and satiated with this dull variety, you are infinitely refreshed
when you return to the sphere of his proper splendor, and behold your
amiable sovereign in his true, simple, undisguised, native character of
Majesty.
In every one of these five principalities, duchies, palatinates, there is a
regular establishment of considerable expense and most domineering
influence. As his Majesty submits to appear in this state of subordination to
himself, his loyal peers and faithful commons attend his royal
transformations, and are not so nice as to refuse to nibble at those crumbs of
emoluments which console their petty metamorphoses. Thus every one of
those principalities has the apparatus of a kingdom for the jurisdiction over
a few private estates, and the formality and charge of the Exchequer of
Great Britain for collecting the rents of a country squire. Cornwall is the
best of them; but when you compare the charge with the receipt, you will
find that it furnishes no exception to the general rule. The Duchy and
County Palatine of Lancaster do not yield, as I have reason to believe, on an
average of twenty years, four thousand pounds a year clear to the crown. As
to Wales, and the County Palatine of Chester, I have my doubts whether
their productive exchequer yields any returns at all. Yet one may say, that
this revenue is more faithfully applied to its purposes than any of the rest;
Cross a brook, and you lose the King of England; but you have some
comfort in coming again under his Majesty, though "shorn of his beams,"
and no more than Prince of Wales. Go to the north, and you find him
dwindled to a Duke of Lancaster; turn to the west of that north, and he pops
upon you in the humble character of Earl of Chester. Travel a few miles on,
the Earl of Chester disappears, and the king surprises you again as Count
Palatine of Lancaster. If you travel beyond Mount Edgecombe, you find
him ones more in his incognito, and he is Duke of Cornwall. So that, quite
fatigued and satiated with this dull variety, you are infinitely refreshed
when you return to the sphere of his proper splendor, and behold your
amiable sovereign in his true, simple, undisguised, native character of
Majesty.
In every one of these five principalities, duchies, palatinates, there is a
regular establishment of considerable expense and most domineering
influence. As his Majesty submits to appear in this state of subordination to
himself, his loyal peers and faithful commons attend his royal
transformations, and are not so nice as to refuse to nibble at those crumbs of
emoluments which console their petty metamorphoses. Thus every one of
those principalities has the apparatus of a kingdom for the jurisdiction over
a few private estates, and the formality and charge of the Exchequer of
Great Britain for collecting the rents of a country squire. Cornwall is the
best of them; but when you compare the charge with the receipt, you will
find that it furnishes no exception to the general rule. The Duchy and
County Palatine of Lancaster do not yield, as I have reason to believe, on an
average of twenty years, four thousand pounds a year clear to the crown. As
to Wales, and the County Palatine of Chester, I have my doubts whether
their productive exchequer yields any returns at all. Yet one may say, that
this revenue is more faithfully applied to its purposes than any of the rest;
Page 248
as it exists for the sole purpose of multiplying offices and extending
influence.
An attempt was lately made to improve this branch of local influence,
and to transfer it to the fund of general corruption. I have on the seat behind
me the constitution of Mr. John Probert, a knight-errant dubbed by the
noble lord in the blue ribbon, and sent to search for revenues and
adventures upon the mountains of Wales. The commission is remarkable,
and the event not less so. The commission sets forth, that, "upon a report of
the deputy-auditor" (for there is a deputy-auditor) "of the Principality of
Wales, it appeared that his Majesty's land revenues in the said principality
are greatly diminished";—and "that upon a report of the surveyor-general
of his Majesty's land revenues, upon a memorial of the auditor of his
Majesty's revenues, within the said principality, that his mines and forests
have produced very little profit either to the public revenue or to
individuals";—and therefore they appoint Mr. Probert, with a pension of
three hundred pounds a year from the said principality, to try whether he
can make anything more of that very little which is stated to be so greatly
diminished. "A beggarly account of empty boxes." And yet, Sir, you will
remark, that this diminution from littleness (which serves only to prove the
infinite divisibility of matter) was not for want of the tender and officious
care (as we see) of surveyors general and surveyors particular, of auditors
and deputy-auditors,—not for want of memorials, and remonstrances, and
reports, and commissions, and constitutions, and inquisitions, and pensions.
Probert, thus armed, and accoutred,—and paid,—proceeded on his
adventure; but he was no sooner arrived on the confines of Wales than all
Wales was in arms to meet him. That nation is brave and full of spirit. Since
the invasion of King Edward, and the massacre of the bards, there never
was such a tumult and alarm and uproar through the region of Prestatyn.
Snowdon shook to its base; Cader-Idris was loosened from its foundations.
influence.
An attempt was lately made to improve this branch of local influence,
and to transfer it to the fund of general corruption. I have on the seat behind
me the constitution of Mr. John Probert, a knight-errant dubbed by the
noble lord in the blue ribbon, and sent to search for revenues and
adventures upon the mountains of Wales. The commission is remarkable,
and the event not less so. The commission sets forth, that, "upon a report of
the deputy-auditor" (for there is a deputy-auditor) "of the Principality of
Wales, it appeared that his Majesty's land revenues in the said principality
are greatly diminished";—and "that upon a report of the surveyor-general
of his Majesty's land revenues, upon a memorial of the auditor of his
Majesty's revenues, within the said principality, that his mines and forests
have produced very little profit either to the public revenue or to
individuals";—and therefore they appoint Mr. Probert, with a pension of
three hundred pounds a year from the said principality, to try whether he
can make anything more of that very little which is stated to be so greatly
diminished. "A beggarly account of empty boxes." And yet, Sir, you will
remark, that this diminution from littleness (which serves only to prove the
infinite divisibility of matter) was not for want of the tender and officious
care (as we see) of surveyors general and surveyors particular, of auditors
and deputy-auditors,—not for want of memorials, and remonstrances, and
reports, and commissions, and constitutions, and inquisitions, and pensions.
Probert, thus armed, and accoutred,—and paid,—proceeded on his
adventure; but he was no sooner arrived on the confines of Wales than all
Wales was in arms to meet him. That nation is brave and full of spirit. Since
the invasion of King Edward, and the massacre of the bards, there never
was such a tumult and alarm and uproar through the region of Prestatyn.
Snowdon shook to its base; Cader-Idris was loosened from its foundations.
Page 249
The fury of litigious war blew her horn on the mountains. The rocks poured
down their goatherds, and the deep caverns vomited out their miners.
Everything above ground and everything under ground was in arms.
In short, Sir, to alight from my Welsh Pegasus, and to come to level
ground, the Preux Chevalier Probert went to look for revenue, like his
masters upon other occasions, and, like his masters, he found rebellion. But
we were grown cautious by experience. A civil war of paper might end in a
more serious war; for now remonstrance met remonstrance, and memorial
was opposed to memorial. The wise Britons thought it more reasonable that
the poor, wasted, decrepit revenue of the principality should die a natural
than a violent death. In truth, Sir, the attempt was no less an affront upon
the understanding of that respectable people than it was an attack on their
property. They chose rather that their ancient, moss-grown castles should
moulder into decay, under the silent touches of time, and the slow formality
of an oblivious and drowsy exchequer, than that they should be battered
down all at once by the lively efforts of a pensioned engineer. As it is the
fortune of the noble lord to whom the auspices of this campaign belonged
frequently to provoke resistance, so it is his rule and nature to yield to that
resistance in all cases whatsoever. He was true to himself on this occasion.
He submitted with spirit to the spirited remonstrances of the Welsh. Mr.
Probert gave up his adventure, and keeps his pension; and so ends "the
famous history of the revenue adventures of the bold Baron North and the
good Knight Probert upon the mountains of Venodotia."
In such a state is the exchequer of Wales at present, that, upon the report
of the Treasury itself, its little revenue is greatly diminished; and we see, by
the whole of this strange transaction, that an attempt to improve it produces
resistance, the resistance produces submission, and the whole ends in
pension.[34]
down their goatherds, and the deep caverns vomited out their miners.
Everything above ground and everything under ground was in arms.
In short, Sir, to alight from my Welsh Pegasus, and to come to level
ground, the Preux Chevalier Probert went to look for revenue, like his
masters upon other occasions, and, like his masters, he found rebellion. But
we were grown cautious by experience. A civil war of paper might end in a
more serious war; for now remonstrance met remonstrance, and memorial
was opposed to memorial. The wise Britons thought it more reasonable that
the poor, wasted, decrepit revenue of the principality should die a natural
than a violent death. In truth, Sir, the attempt was no less an affront upon
the understanding of that respectable people than it was an attack on their
property. They chose rather that their ancient, moss-grown castles should
moulder into decay, under the silent touches of time, and the slow formality
of an oblivious and drowsy exchequer, than that they should be battered
down all at once by the lively efforts of a pensioned engineer. As it is the
fortune of the noble lord to whom the auspices of this campaign belonged
frequently to provoke resistance, so it is his rule and nature to yield to that
resistance in all cases whatsoever. He was true to himself on this occasion.
He submitted with spirit to the spirited remonstrances of the Welsh. Mr.
Probert gave up his adventure, and keeps his pension; and so ends "the
famous history of the revenue adventures of the bold Baron North and the
good Knight Probert upon the mountains of Venodotia."
In such a state is the exchequer of Wales at present, that, upon the report
of the Treasury itself, its little revenue is greatly diminished; and we see, by
the whole of this strange transaction, that an attempt to improve it produces
resistance, the resistance produces submission, and the whole ends in
pension.[34]
Page 250
It is nearly the same with the revenues of the Duchy of Lancaster. To do
nothing with them is extinction; to improve them is oppression. Indeed, the
whole of the estates which support these minor principalities is made up,
not of revenues, and rents, and profitable fines, but of claims, of
pretensions, of vexations, of litigations. They are exchequers of unfrequent
receipt and constant charge: a system of finances not fit for an economist
who would be rich, not fit for a prince who would govern his subjects with
equity and justice.
It is not only between prince and subject that these mock jurisdictions
and mimic revenues produce great mischief. They excite among the people
a spirit of informing and delating, a spirit of supplanting and undermining
one another: so that many, in such circumstances, conceive it advantageous
to them rather to continue subject to vexation themselves than to give up the
means and chance of vexing others. It is exceedingly common for men to
contract their love to their country into an attachment to its petty
subdivisions; and they sometimes even cling to their provincial abuses, as if
they were franchises and local privileges. Accordingly, in places where
there is much of this kind of estate, persons will be always found who
would rather trust to their talents in recommending themselves to power for
the renewal of their interests, than to incumber their purses, though never so
lightly, in order to transmit independence to their posterity. It is a great
mistake, that the desire of securing property is universal among mankind.
Gaming is a principle inherent in human nature. It belongs to us all. I would
therefore break those tables; I would furnish no evil occupation for that
spirit. I would make every man look everywhere, except to the intrigue of a
court, for the improvement of his circumstances or the security of his
fortune. I have in my eye a very strong case in the Duchy of Lancaster
(which lately occupied Westminster Hall and the House of Lords) as my
voucher for many of these reflections.[35]
nothing with them is extinction; to improve them is oppression. Indeed, the
whole of the estates which support these minor principalities is made up,
not of revenues, and rents, and profitable fines, but of claims, of
pretensions, of vexations, of litigations. They are exchequers of unfrequent
receipt and constant charge: a system of finances not fit for an economist
who would be rich, not fit for a prince who would govern his subjects with
equity and justice.
It is not only between prince and subject that these mock jurisdictions
and mimic revenues produce great mischief. They excite among the people
a spirit of informing and delating, a spirit of supplanting and undermining
one another: so that many, in such circumstances, conceive it advantageous
to them rather to continue subject to vexation themselves than to give up the
means and chance of vexing others. It is exceedingly common for men to
contract their love to their country into an attachment to its petty
subdivisions; and they sometimes even cling to their provincial abuses, as if
they were franchises and local privileges. Accordingly, in places where
there is much of this kind of estate, persons will be always found who
would rather trust to their talents in recommending themselves to power for
the renewal of their interests, than to incumber their purses, though never so
lightly, in order to transmit independence to their posterity. It is a great
mistake, that the desire of securing property is universal among mankind.
Gaming is a principle inherent in human nature. It belongs to us all. I would
therefore break those tables; I would furnish no evil occupation for that
spirit. I would make every man look everywhere, except to the intrigue of a
court, for the improvement of his circumstances or the security of his
fortune. I have in my eye a very strong case in the Duchy of Lancaster
(which lately occupied Westminster Hall and the House of Lords) as my
voucher for many of these reflections.[35]
Page 251
For what plausible reason are these principalities suffered to exist? When
a government is rendered complex, (which in itself is no desirable thing,) it
ought to be for some political end which cannot be answered otherwise.
Subdivisions in government are only admissible in favor of the dignity of
inferior princes and high nobility, or for the support of an aristocratic
confederacy under some head, or for the conservation of the franchises of
the people in some privileged province. For the two former of these ends,
such are the subdivisions in favor of the electoral and other princes in the
Empire; for the latter of these purposes are the jurisdictions of the Imperial
cities and the Hanse towns. For the latter of these ends are also the countries
of the States (Pays d'États) and certain cities and orders in France. These
are all regulations with an object, and some of them with a very good
object. But how are the principles of any of these subdivisions applicable in
the case before us?
Do they answer any purpose to the king? The Principality of Wales was
given by patent to Edward the Black Prince on the ground on which it has
since stood. Lord Coke sagaciously observes upon it, "That in the charter of
creating the Black Prince Edward Prince of Wales there is a great mystery:
for less than an estate of inheritance so great a prince could not have, and
an absolute estate of inheritance in so great a principality as Wales (this
principality being so dear to him) he should not have; and therefore it was
made sibi et heredibus suis regibus Angliæ, that by his decease, or attaining
to the crown, it might be extinguished in the crown."
For the sake of this foolish mystery, of what a great prince could not have
less and should not have so much, of a principality which was too dear to
be given and too great to be kept,—and for no other cause that ever I could
find,—this form and shadow of a principality, without any substance, has
been maintained. That you may judge in this instance (and it serves for the
rest) of the difference between a great and a little economy, you will please
a government is rendered complex, (which in itself is no desirable thing,) it
ought to be for some political end which cannot be answered otherwise.
Subdivisions in government are only admissible in favor of the dignity of
inferior princes and high nobility, or for the support of an aristocratic
confederacy under some head, or for the conservation of the franchises of
the people in some privileged province. For the two former of these ends,
such are the subdivisions in favor of the electoral and other princes in the
Empire; for the latter of these purposes are the jurisdictions of the Imperial
cities and the Hanse towns. For the latter of these ends are also the countries
of the States (Pays d'États) and certain cities and orders in France. These
are all regulations with an object, and some of them with a very good
object. But how are the principles of any of these subdivisions applicable in
the case before us?
Do they answer any purpose to the king? The Principality of Wales was
given by patent to Edward the Black Prince on the ground on which it has
since stood. Lord Coke sagaciously observes upon it, "That in the charter of
creating the Black Prince Edward Prince of Wales there is a great mystery:
for less than an estate of inheritance so great a prince could not have, and
an absolute estate of inheritance in so great a principality as Wales (this
principality being so dear to him) he should not have; and therefore it was
made sibi et heredibus suis regibus Angliæ, that by his decease, or attaining
to the crown, it might be extinguished in the crown."
For the sake of this foolish mystery, of what a great prince could not have
less and should not have so much, of a principality which was too dear to
be given and too great to be kept,—and for no other cause that ever I could
find,—this form and shadow of a principality, without any substance, has
been maintained. That you may judge in this instance (and it serves for the
rest) of the difference between a great and a little economy, you will please
Page 252
to recollect, Sir, that Wales may be about the tenth part of England in size
and population, and certainly not a hundredth part in opulence. Twelve
judges perform the whole of the business, both of the stationary and the
itinerant justice of this kingdom; but for Wales there are eight judges. There
is in Wales an exchequer, as well as in all the duchies, according to the very
best and most authentic absurdity of form. There are in all of them a
hundred more difficult trifles and laborious fooleries, which serve no other
purpose than to keep alive corrupt hope and servile dependence.
These principalities are so far from contributing to the ease of the king, to
his wealth, or his dignity, that they render both his supreme and his
subordinate authority perfectly ridiculous. It was but the other day, that that
pert, factious fellow, the Duke of Lancaster, presumed to fly in the face of
his liege lord, our gracious sovereign, and, associating with a parcel of
lawyers as factious as himself, to the destruction of all law and order, and
in committees leading directly to rebellion, presumed to go to law with the
king. The object is neither your business nor mine. Which of the parties got
the better I really forget. I think it was (as it ought to be) the king. The
material point is, that the suit cost about fifteen thousand pounds. But as the
Duke of Lancaster is but a sort of Duke Humphrey, and not worth a groat,
our sovereign was obliged to pay the costs of both. Indeed, this art of
converting a great monarch into a little prince, this royal masquerading, is a
very dangerous and expensive amusement, and one of the king's menus
plaisirs, which ought to be reformed. This duchy, which is not worth four
thousand pounds a year at best to revenue, is worth forty or fifty thousand
to influence.
The Duchy of Lancaster and the County Palatine of Lancaster answered,
I admit, some purpose in their original creation. They tended to make a
subject imitate a prince. When Henry the Fourth from that stair ascended
the throne, high-minded as he was, he was not willing to kick away the
and population, and certainly not a hundredth part in opulence. Twelve
judges perform the whole of the business, both of the stationary and the
itinerant justice of this kingdom; but for Wales there are eight judges. There
is in Wales an exchequer, as well as in all the duchies, according to the very
best and most authentic absurdity of form. There are in all of them a
hundred more difficult trifles and laborious fooleries, which serve no other
purpose than to keep alive corrupt hope and servile dependence.
These principalities are so far from contributing to the ease of the king, to
his wealth, or his dignity, that they render both his supreme and his
subordinate authority perfectly ridiculous. It was but the other day, that that
pert, factious fellow, the Duke of Lancaster, presumed to fly in the face of
his liege lord, our gracious sovereign, and, associating with a parcel of
lawyers as factious as himself, to the destruction of all law and order, and
in committees leading directly to rebellion, presumed to go to law with the
king. The object is neither your business nor mine. Which of the parties got
the better I really forget. I think it was (as it ought to be) the king. The
material point is, that the suit cost about fifteen thousand pounds. But as the
Duke of Lancaster is but a sort of Duke Humphrey, and not worth a groat,
our sovereign was obliged to pay the costs of both. Indeed, this art of
converting a great monarch into a little prince, this royal masquerading, is a
very dangerous and expensive amusement, and one of the king's menus
plaisirs, which ought to be reformed. This duchy, which is not worth four
thousand pounds a year at best to revenue, is worth forty or fifty thousand
to influence.
The Duchy of Lancaster and the County Palatine of Lancaster answered,
I admit, some purpose in their original creation. They tended to make a
subject imitate a prince. When Henry the Fourth from that stair ascended
the throne, high-minded as he was, he was not willing to kick away the
Page 253
ladder. To prevent that principality from being extinguished in the crown,
he severed it by act of Parliament. He had a motive, such as it was: he
thought his title to the crown unsound, and his possession insecure. He
therefore managed a retreat in his duchy, which Lord Coke calls (I do not
know why) "par multis regnis." He flattered himself that it was practicable
to make a projecting point half way down, to break his fall from the
precipice of royalty; as if it were possible for one who had lost a kingdom
to keep anything else. However, it is evident that he thought so. When
Henry the Fifth united, by act of Parliament, the estates of his mother to the
duchy, he had the same predilection with his father to the root of his family
honors, and the same policy in enlarging the sphere of a possible retreat
from the slippery royalty of the two great crowns he held. All this was
changed by Edward the Fourth. He had no such family partialities, and his
policy was the reverse of that of Henry the Fourth and Henry the Fifth. He
accordingly again united the Duchy of Lancaster to the crown. But when
Henry the Seventh, who chose to consider himself as of the House of
Lancaster, came to the throne, he brought with him the old pretensions and
the old politics of that house. A new act of Parliament, a second time,
dissevered the Duchy of Lancaster from the crown; and in that line tilings
continued until the subversion of the monarchy, when principalities and
powers fell along with the throne. The Duchy of Lancaster must have been
extinguished, if Cromwell, who began to form ideas of aggrandizing his
house and raising the several branches of it, had not caused the duchy to be
again separated from the commonwealth, by an act of the Parliament of
those times.
What partiality, what objects of the politics of the House of Lancaster, or
of Cromwell, has his present Majesty, or his Majesty's family? What power
have they within any of these principalities, which they have not within
their kingdom? In what manner is the dignity of the nobility concerned in
these principalities? What rights have the subject there, which they have not
he severed it by act of Parliament. He had a motive, such as it was: he
thought his title to the crown unsound, and his possession insecure. He
therefore managed a retreat in his duchy, which Lord Coke calls (I do not
know why) "par multis regnis." He flattered himself that it was practicable
to make a projecting point half way down, to break his fall from the
precipice of royalty; as if it were possible for one who had lost a kingdom
to keep anything else. However, it is evident that he thought so. When
Henry the Fifth united, by act of Parliament, the estates of his mother to the
duchy, he had the same predilection with his father to the root of his family
honors, and the same policy in enlarging the sphere of a possible retreat
from the slippery royalty of the two great crowns he held. All this was
changed by Edward the Fourth. He had no such family partialities, and his
policy was the reverse of that of Henry the Fourth and Henry the Fifth. He
accordingly again united the Duchy of Lancaster to the crown. But when
Henry the Seventh, who chose to consider himself as of the House of
Lancaster, came to the throne, he brought with him the old pretensions and
the old politics of that house. A new act of Parliament, a second time,
dissevered the Duchy of Lancaster from the crown; and in that line tilings
continued until the subversion of the monarchy, when principalities and
powers fell along with the throne. The Duchy of Lancaster must have been
extinguished, if Cromwell, who began to form ideas of aggrandizing his
house and raising the several branches of it, had not caused the duchy to be
again separated from the commonwealth, by an act of the Parliament of
those times.
What partiality, what objects of the politics of the House of Lancaster, or
of Cromwell, has his present Majesty, or his Majesty's family? What power
have they within any of these principalities, which they have not within
their kingdom? In what manner is the dignity of the nobility concerned in
these principalities? What rights have the subject there, which they have not
Page 254
at least equally in every other part of the nation? These distinctions exist for
no good end to the king, to the nobility, or to the people. They ought not to
exist at all. If the crown (contrary to its nature, but most conformably to the
whole tenor of the advice that has been lately given) should so far forget its
dignity as to contend that these jurisdictions and revenues are estates of
private property, I am rather for acting as if that groundless claim were of
some weight than for giving up that essential part of the reform. I would
value the clear income, and give a clear annuity to the crown, taken on the
medium produce for twenty years.
If the crown has any favorite name or title, if the subject has any matter
of local accommodation within any of these jurisdictions, it is meant to
preserve them,—and to improve them, if any improvement can be
suggested. As to the crown reversions or titles upon the property of the
people there, it is proposed to convert them from a snare to their
independence into a relief from their burdens. I propose, therefore, to unite
all the five principalities to the crown, and to its ordinary jurisdiction,—to
abolish all those offices that produce an useless and chargeable separation
from the body of the people,—to compensate those who do not hold their
offices (if any such there are) at the pleasure of the crown,—to extinguish
vexatious titles by an act of short limitation,—to sell those unprofitable
estates which support useless jurisdictions,—and to turn the tenant-right
into a fee, on such moderate terms as will be better for the state than its
present right, and which it is impossible for any rational tenant to refuse.
As to the duchies, their judicial economy may be provided for without
charge. They have only to fall of course into the common county
administration. A commission more or less, made or omitted, settles the
matter fully. As to Wales, it has been proposed to add a judge to the several
courts of Westminster Hall; and it has been considered as an improvement
in itself. For my part, I cannot pretend to speak upon it with clearness or
no good end to the king, to the nobility, or to the people. They ought not to
exist at all. If the crown (contrary to its nature, but most conformably to the
whole tenor of the advice that has been lately given) should so far forget its
dignity as to contend that these jurisdictions and revenues are estates of
private property, I am rather for acting as if that groundless claim were of
some weight than for giving up that essential part of the reform. I would
value the clear income, and give a clear annuity to the crown, taken on the
medium produce for twenty years.
If the crown has any favorite name or title, if the subject has any matter
of local accommodation within any of these jurisdictions, it is meant to
preserve them,—and to improve them, if any improvement can be
suggested. As to the crown reversions or titles upon the property of the
people there, it is proposed to convert them from a snare to their
independence into a relief from their burdens. I propose, therefore, to unite
all the five principalities to the crown, and to its ordinary jurisdiction,—to
abolish all those offices that produce an useless and chargeable separation
from the body of the people,—to compensate those who do not hold their
offices (if any such there are) at the pleasure of the crown,—to extinguish
vexatious titles by an act of short limitation,—to sell those unprofitable
estates which support useless jurisdictions,—and to turn the tenant-right
into a fee, on such moderate terms as will be better for the state than its
present right, and which it is impossible for any rational tenant to refuse.
As to the duchies, their judicial economy may be provided for without
charge. They have only to fall of course into the common county
administration. A commission more or less, made or omitted, settles the
matter fully. As to Wales, it has been proposed to add a judge to the several
courts of Westminster Hall; and it has been considered as an improvement
in itself. For my part, I cannot pretend to speak upon it with clearness or
Page 255
with decision; but certainly this arrangement would be more than sufficient
for Wales. My original thought was, to suppress five of the eight judges;
and to leave the chief-justice of Chester, with the two senior judges; and, to
facilitate the business, to throw the twelve counties into six districts,
holding the sessions alternately in the counties of which each district shall
be composed. But on this I shall be more clear, when I come to the
particular bill.
Sir, the House will now see, whether, in praying for judgment against the
minor principalities, I do not act in conformity to the laws that I had laid to
myself: of getting rid of every jurisdiction more subservient to oppression
and expense than to any end of justice or honest policy; of abolishing
offices more expensive than useful; of combining duties improperly
separated; of changing revenues more vexatious than productive into ready
money; of suppressing offices which stand in the way of economy; and of
cutting off lurking subordinate treasuries. Dispute the rules, controvert the
application, or give your hands to this salutary measure.
Most of the same rules will be found applicable to my second object,—
the landed estate of the crown. A landed estate is certainly the very worst
which the crown can possess. All minute and dispersed possessions,
possessions that are often of indeterminate value, and which require a
continued personal attendance, are of a nature more proper for private
management than public administration. They are fitter for the care of a
frugal land-steward than of an office in the state. Whatever they may
possibly have been in other times or in other countries, they are not of
magnitude enough with us to occupy a public department, nor to provide for
a public object. They are already given up to Parliament, and the gift is not
of great value. Common prudence dictates, even in the management of
private affairs, that all dispersed and chargeable estates should be sacrificed
to the relief of estates more compact and better circumstanced.
for Wales. My original thought was, to suppress five of the eight judges;
and to leave the chief-justice of Chester, with the two senior judges; and, to
facilitate the business, to throw the twelve counties into six districts,
holding the sessions alternately in the counties of which each district shall
be composed. But on this I shall be more clear, when I come to the
particular bill.
Sir, the House will now see, whether, in praying for judgment against the
minor principalities, I do not act in conformity to the laws that I had laid to
myself: of getting rid of every jurisdiction more subservient to oppression
and expense than to any end of justice or honest policy; of abolishing
offices more expensive than useful; of combining duties improperly
separated; of changing revenues more vexatious than productive into ready
money; of suppressing offices which stand in the way of economy; and of
cutting off lurking subordinate treasuries. Dispute the rules, controvert the
application, or give your hands to this salutary measure.
Most of the same rules will be found applicable to my second object,—
the landed estate of the crown. A landed estate is certainly the very worst
which the crown can possess. All minute and dispersed possessions,
possessions that are often of indeterminate value, and which require a
continued personal attendance, are of a nature more proper for private
management than public administration. They are fitter for the care of a
frugal land-steward than of an office in the state. Whatever they may
possibly have been in other times or in other countries, they are not of
magnitude enough with us to occupy a public department, nor to provide for
a public object. They are already given up to Parliament, and the gift is not
of great value. Common prudence dictates, even in the management of
private affairs, that all dispersed and chargeable estates should be sacrificed
to the relief of estates more compact and better circumstanced.
Page 256
If it be objected, that these lands at present would sell at a low market,
this is answered by showing that money is at a high price. The one balances
the other. Lands sell at the current rate; and nothing can sell for more. But
be the price what it may, a great object is always answered, whenever any
property is transferred from hands that are not fit for that property to those
that are. The buyer and seller must mutually profit by such a bargain; and,
what rarely happens in matters of revenue, the relief of the subject will go
hand in hand with the profit of the Exchequer.
As to the forest lands, in which the crown has (where they are not
granted or prescriptively held) the dominion of the soil, and the vert and
venison, that is to say, the timber and the game, and in which the people
have a variety of rights, in common of herbage, and other commons,
according to the usage of the several forests,—I propose to have those
rights of the crown valued as manorial rights are valued on an inclosure,
and a defined portion of land to be given for them, which land is to be sold
for the public benefit.
As to the timber, I propose a survey of the whole. What is useless for the
naval purposes of the kingdom I would condemn and dispose of for the
security of what may be useful, and to inclose such other parts as may be
most fit to furnish a perpetual supply,—wholly extinguishing, for a very
obvious reason, all right of venison in those parts.
The forest rights which extend over the lands and possessions of others,
being of no profit to the crown, and a grievance, as far as it goes, to the
subject,—these I propose to extinguish without charge to the proprietors.
The several commons are to be allotted and compensated for, upon ideas
which I shall hereafter explain. They are nearly the same with the principles
upon which you have acted in private inclosures. I shall never quit
precedents, where I find them applicable. For those regulations and
this is answered by showing that money is at a high price. The one balances
the other. Lands sell at the current rate; and nothing can sell for more. But
be the price what it may, a great object is always answered, whenever any
property is transferred from hands that are not fit for that property to those
that are. The buyer and seller must mutually profit by such a bargain; and,
what rarely happens in matters of revenue, the relief of the subject will go
hand in hand with the profit of the Exchequer.
As to the forest lands, in which the crown has (where they are not
granted or prescriptively held) the dominion of the soil, and the vert and
venison, that is to say, the timber and the game, and in which the people
have a variety of rights, in common of herbage, and other commons,
according to the usage of the several forests,—I propose to have those
rights of the crown valued as manorial rights are valued on an inclosure,
and a defined portion of land to be given for them, which land is to be sold
for the public benefit.
As to the timber, I propose a survey of the whole. What is useless for the
naval purposes of the kingdom I would condemn and dispose of for the
security of what may be useful, and to inclose such other parts as may be
most fit to furnish a perpetual supply,—wholly extinguishing, for a very
obvious reason, all right of venison in those parts.
The forest rights which extend over the lands and possessions of others,
being of no profit to the crown, and a grievance, as far as it goes, to the
subject,—these I propose to extinguish without charge to the proprietors.
The several commons are to be allotted and compensated for, upon ideas
which I shall hereafter explain. They are nearly the same with the principles
upon which you have acted in private inclosures. I shall never quit
precedents, where I find them applicable. For those regulations and
Page 257
compensations, and for every other part of the detail, you will be so
indulgent as to give me credit for the present.
The revenue to be obtained from the sale of the forest lands and rights
will not be so considerable, I believe, as many people have imagined; and I
conceive it would be unwise to screw it up to the utmost, or even to suffer
bidders to enhance, according to their eagerness, the purchase of objects
wherein the expense of that purchase may weaken the capital to be
employed in their cultivation. This, I am well aware, might give room for
partiality in the disposal. In my opinion it would be the lesser evil of the
two. But I really conceive that a rule of fair preference might be established,
which would take away all sort of unjust and corrupt partiality. The
principal revenue which I propose to draw from these uncultivated wastes is
to spring from the improvement and population of the kingdom,—which
never can happen without producing an improvement more advantageous to
the revenues of the crown than the rents of the best landed estate which it
can hold. I believe, Sir, it will hardly be necessary for me to add, that in this
sale I naturally except all the houses, gardens, and parks belonging to the
crown, and such one forest as shall be chosen by his Majesty as best
accommodated to his pleasures.
By means of this part of the reform will fall the expensive office of
surveyor-general, with all the influence that attends it. By this will fall two
chief-justices in Eyre, with all their train of dependants. You need be under
no apprehension, Sir, that your office is to be touched in its emoluments.
They are yours by law; and they are but a moderate part of the
compensation which is given to you for the ability with which you execute
an office of quite another sort of importance: it is far from overpaying your
diligence, or more than sufficient for sustaining the high rank you stand in
as the first gentleman of England. As to the duties of your chief-justiceship,
they are very different from those for which you have received the office.
indulgent as to give me credit for the present.
The revenue to be obtained from the sale of the forest lands and rights
will not be so considerable, I believe, as many people have imagined; and I
conceive it would be unwise to screw it up to the utmost, or even to suffer
bidders to enhance, according to their eagerness, the purchase of objects
wherein the expense of that purchase may weaken the capital to be
employed in their cultivation. This, I am well aware, might give room for
partiality in the disposal. In my opinion it would be the lesser evil of the
two. But I really conceive that a rule of fair preference might be established,
which would take away all sort of unjust and corrupt partiality. The
principal revenue which I propose to draw from these uncultivated wastes is
to spring from the improvement and population of the kingdom,—which
never can happen without producing an improvement more advantageous to
the revenues of the crown than the rents of the best landed estate which it
can hold. I believe, Sir, it will hardly be necessary for me to add, that in this
sale I naturally except all the houses, gardens, and parks belonging to the
crown, and such one forest as shall be chosen by his Majesty as best
accommodated to his pleasures.
By means of this part of the reform will fall the expensive office of
surveyor-general, with all the influence that attends it. By this will fall two
chief-justices in Eyre, with all their train of dependants. You need be under
no apprehension, Sir, that your office is to be touched in its emoluments.
They are yours by law; and they are but a moderate part of the
compensation which is given to you for the ability with which you execute
an office of quite another sort of importance: it is far from overpaying your
diligence, or more than sufficient for sustaining the high rank you stand in
as the first gentleman of England. As to the duties of your chief-justiceship,
they are very different from those for which you have received the office.
Page 258
Your dignity is too high for a jurisdiction over wild beasts, and your
learning and talents too valuable to be wasted as chief-justice of a desert. I
cannot reconcile it to myself, that you, Sir, should be stuck up as a useless
piece of antiquity.
I have now disposed of the unprofitable landed estates of the crown, and
thrown them into the mass of private property; by which they will come,
through the course of circulation, and through the political secretions of the
state, into our better understood and better ordered revenues.
I come next to the great supreme body of the civil government itself. I
approach it with that awe and reverence with which a young physician
approaches to the cure of the disorders of his parent. Disorders, Sir, and
infirmities, there are,—such disorders, that all attempts towards method,
prudence, and frugality will be perfectly vain, whilst a system of confusion
remains, which is not only alien, but adverse to all economy; a system
which is not only prodigal in its very essence, but causes everything else
which belongs to it to be prodigally conducted.
It is impossible, Sir, for any person to be an economist, where no order in
payments is established; it is impossible for a man to be an economist, who
is not able to take a comparative view of his means and of his expenses for
the year which lies before him; it is impossible for a man to be an
economist, under whom various officers in their several departments may
spend—even just what they please,—and often with an emulation of
expense, as contributing to the importance, if not profit of their several
departments. Thus much is certain: that neither the present nor any other
First Lord of the Treasury has been ever able to take a survey, or to make
even a tolerable guess, of the expenses of government for any one year, so
as to enable him with the least degree of certainty, or even probability, to
bring his affairs within compass. Whatever scheme may be formed upon
learning and talents too valuable to be wasted as chief-justice of a desert. I
cannot reconcile it to myself, that you, Sir, should be stuck up as a useless
piece of antiquity.
I have now disposed of the unprofitable landed estates of the crown, and
thrown them into the mass of private property; by which they will come,
through the course of circulation, and through the political secretions of the
state, into our better understood and better ordered revenues.
I come next to the great supreme body of the civil government itself. I
approach it with that awe and reverence with which a young physician
approaches to the cure of the disorders of his parent. Disorders, Sir, and
infirmities, there are,—such disorders, that all attempts towards method,
prudence, and frugality will be perfectly vain, whilst a system of confusion
remains, which is not only alien, but adverse to all economy; a system
which is not only prodigal in its very essence, but causes everything else
which belongs to it to be prodigally conducted.
It is impossible, Sir, for any person to be an economist, where no order in
payments is established; it is impossible for a man to be an economist, who
is not able to take a comparative view of his means and of his expenses for
the year which lies before him; it is impossible for a man to be an
economist, under whom various officers in their several departments may
spend—even just what they please,—and often with an emulation of
expense, as contributing to the importance, if not profit of their several
departments. Thus much is certain: that neither the present nor any other
First Lord of the Treasury has been ever able to take a survey, or to make
even a tolerable guess, of the expenses of government for any one year, so
as to enable him with the least degree of certainty, or even probability, to
bring his affairs within compass. Whatever scheme may be formed upon
Page 259
them must be made on a calculation of chances. As things are
circumstanced, the First Lord of the Treasury cannot make an estimate. I am
sure I serve the king, and I am sure I assist administration, by putting
economy at least in their power. We must class services; we must (as far as
their nature admits) appropriate funds; or everything, however reformed,
will fall again into the old confusion.
Coming upon this ground of the civil list, the first thing in dignity and
charge that attracts our notice is the royal household. This establishment, in
my opinion, is exceedingly abusive in its constitution. It is formed upon
manners and customs that have long since expired. In the first place, it is
formed, in many respects, upon feudal principles. In the feudal times, it was
not uncommon, even among subjects, for the lowest offices to be held by
considerable persons,—persons as unfit by their incapacity as improper
from their rank to occupy such employments. They were held by patent,
sometimes for life, and sometimes by inheritance. If my memory does not
deceive me, a person of no slight consideration held the office of patent
hereditary cook to an Earl of Warwick: the Earl of Warwick's soups, I fear,
were not the better for the dignity of his kitchen. I think it was an Earl of
Gloucester who officiated as steward of the household to the Archbishops
of Canterbury. Instances of the same kind may in some degree be found in
the Northumberland house-book, and other family records. There was some
reason in ancient necessities for these ancient customs. Protection was
wanted; and the domestic tie, though not the highest, was the closest.
The king's household has not only several strong traces of this feudality,
but it is formed also upon the principles of a body corporate: it has its own
magistrates, courts, and by-laws. This might be necessary in the ancient
times, in order to have a government within itself, capable of regulating the
vast and often unruly multitude which composed and attended it. This was
the origin of the ancient court called the Green Cloth,—composed of the
circumstanced, the First Lord of the Treasury cannot make an estimate. I am
sure I serve the king, and I am sure I assist administration, by putting
economy at least in their power. We must class services; we must (as far as
their nature admits) appropriate funds; or everything, however reformed,
will fall again into the old confusion.
Coming upon this ground of the civil list, the first thing in dignity and
charge that attracts our notice is the royal household. This establishment, in
my opinion, is exceedingly abusive in its constitution. It is formed upon
manners and customs that have long since expired. In the first place, it is
formed, in many respects, upon feudal principles. In the feudal times, it was
not uncommon, even among subjects, for the lowest offices to be held by
considerable persons,—persons as unfit by their incapacity as improper
from their rank to occupy such employments. They were held by patent,
sometimes for life, and sometimes by inheritance. If my memory does not
deceive me, a person of no slight consideration held the office of patent
hereditary cook to an Earl of Warwick: the Earl of Warwick's soups, I fear,
were not the better for the dignity of his kitchen. I think it was an Earl of
Gloucester who officiated as steward of the household to the Archbishops
of Canterbury. Instances of the same kind may in some degree be found in
the Northumberland house-book, and other family records. There was some
reason in ancient necessities for these ancient customs. Protection was
wanted; and the domestic tie, though not the highest, was the closest.
The king's household has not only several strong traces of this feudality,
but it is formed also upon the principles of a body corporate: it has its own
magistrates, courts, and by-laws. This might be necessary in the ancient
times, in order to have a government within itself, capable of regulating the
vast and often unruly multitude which composed and attended it. This was
the origin of the ancient court called the Green Cloth,—composed of the
Page 260
marshal, treasurer, and other great officers of the household, with certain
clerks. The rich subjects of the kingdom, who had formerly the same
establishments, (only on a reduced scale,) have since altered their economy,
and turned the course of their expense from the maintenance of vast
establishments within their walls to the employment of a great variety of
independent trades abroad. Their influence is lessened; but a mode of
accommodation and a style of splendor suited to the manners of the times
has been increased. Royalty itself has insensibly followed, and the royal
household has been carried away by the resistless tide of manners, but with
this very material difference: private men have got rid of the establishments
along with the reasons of them; whereas the royal household has lost all that
was stately and venerable in the antique manners, without retrenching
anything of the cumbrous charge of a Gothic establishment. It is shrunk into
the polished littleness of modern elegance and personal accommodation; it
has evaporated from the gross concrete into an essence and rectified spirit
of expense, where you have tuns of ancient pomp in a vial of modern
luxury.
But when the reason of old establishments is gone, it is absurd to
preserve nothing but the burden of them. This is superstitiously to embalm a
carcass not worth an ounce of the gums that are used to preserve it. It is to
burn precious oils in the tomb; it is to offer meat and drink to the dead: not
so much an honor to the deceased as a disgrace to the survivors. Our
palaces are vast inhospitable halls. There the bleak winds, there "Boreas,
and Eurus, and Caurus, and Argestes loud," howling through the vacant
lobbies, and clattering the doors of deserted guardrooms, appall the
imagination, and conjure up the grim spectres of departed tyrants,—the
Saxon, the Norman, and the Dane,—the stern Edwards and fierce Henrys,
—who stalk from desolation to desolation, through the dreary vacuity and
melancholy succession of chill and comfortless chambers. When this tumult
subsides, a dead and still more frightful silence would reign in this desert, if
clerks. The rich subjects of the kingdom, who had formerly the same
establishments, (only on a reduced scale,) have since altered their economy,
and turned the course of their expense from the maintenance of vast
establishments within their walls to the employment of a great variety of
independent trades abroad. Their influence is lessened; but a mode of
accommodation and a style of splendor suited to the manners of the times
has been increased. Royalty itself has insensibly followed, and the royal
household has been carried away by the resistless tide of manners, but with
this very material difference: private men have got rid of the establishments
along with the reasons of them; whereas the royal household has lost all that
was stately and venerable in the antique manners, without retrenching
anything of the cumbrous charge of a Gothic establishment. It is shrunk into
the polished littleness of modern elegance and personal accommodation; it
has evaporated from the gross concrete into an essence and rectified spirit
of expense, where you have tuns of ancient pomp in a vial of modern
luxury.
But when the reason of old establishments is gone, it is absurd to
preserve nothing but the burden of them. This is superstitiously to embalm a
carcass not worth an ounce of the gums that are used to preserve it. It is to
burn precious oils in the tomb; it is to offer meat and drink to the dead: not
so much an honor to the deceased as a disgrace to the survivors. Our
palaces are vast inhospitable halls. There the bleak winds, there "Boreas,
and Eurus, and Caurus, and Argestes loud," howling through the vacant
lobbies, and clattering the doors of deserted guardrooms, appall the
imagination, and conjure up the grim spectres of departed tyrants,—the
Saxon, the Norman, and the Dane,—the stern Edwards and fierce Henrys,
—who stalk from desolation to desolation, through the dreary vacuity and
melancholy succession of chill and comfortless chambers. When this tumult
subsides, a dead and still more frightful silence would reign in this desert, if
Page 261
every now and then the tacking of hammers did not announce that those
constant attendants upon all courts in all ages, jobs, were still alive,—for
whose sake alone it is that any trace of ancient grandeur is suffered to
remain. These palaces are a true emblem of some governments: the
inhabitants are decayed, but the governors and magistrates still flourish.
They put me in mind of Old Sarum, where the representatives, more in
number than the constituents, only serve to inform us that this was once a
place of trade, and sounding with "the busy hum of men," though now you
can only trace the streets by the color of the corn, and its sole manufacture
is in members of Parliament.
These old establishments were formed also on a third principle, still more
adverse to the living economy of the age. They were formed, Sir, on the
principle of purveyance and receipt in kind. In former days, when the
household was vast, and the supply scanty and precarious, the royal
purveyors, sallying forth from under the Gothic portcullis to purchase
provision with power and prerogative instead of money, brought home the
plunder of an hundred markets, and all that could be seized from a flying
and hiding country, and deposited their spoil in an hundred caverns, with
each its keeper. There, every commodity, received in its rawest condition,
went through all the process which fitted it for use. This inconvenient
receipt produced an economy suited only to itself. It multiplied offices
beyond all measure,—buttery, pantry, and all that rabble of places, which,
though profitable to the holders, and expensive to the state, are almost too
mean to mention.
All this might be, and I believe was, necessary at first; for it is
remarkable, that purveyance, after its regulation had been the subject of a
long line of statutes, (not fewer, I think, than twenty-six,) was wholly taken
away by the 12th of Charles the Second; yet in the next year of the same
reign it was found necessary to revive it by a special act of Parliament, for
constant attendants upon all courts in all ages, jobs, were still alive,—for
whose sake alone it is that any trace of ancient grandeur is suffered to
remain. These palaces are a true emblem of some governments: the
inhabitants are decayed, but the governors and magistrates still flourish.
They put me in mind of Old Sarum, where the representatives, more in
number than the constituents, only serve to inform us that this was once a
place of trade, and sounding with "the busy hum of men," though now you
can only trace the streets by the color of the corn, and its sole manufacture
is in members of Parliament.
These old establishments were formed also on a third principle, still more
adverse to the living economy of the age. They were formed, Sir, on the
principle of purveyance and receipt in kind. In former days, when the
household was vast, and the supply scanty and precarious, the royal
purveyors, sallying forth from under the Gothic portcullis to purchase
provision with power and prerogative instead of money, brought home the
plunder of an hundred markets, and all that could be seized from a flying
and hiding country, and deposited their spoil in an hundred caverns, with
each its keeper. There, every commodity, received in its rawest condition,
went through all the process which fitted it for use. This inconvenient
receipt produced an economy suited only to itself. It multiplied offices
beyond all measure,—buttery, pantry, and all that rabble of places, which,
though profitable to the holders, and expensive to the state, are almost too
mean to mention.
All this might be, and I believe was, necessary at first; for it is
remarkable, that purveyance, after its regulation had been the subject of a
long line of statutes, (not fewer, I think, than twenty-six,) was wholly taken
away by the 12th of Charles the Second; yet in the next year of the same
reign it was found necessary to revive it by a special act of Parliament, for
Page 262
the sake of the king's journeys. This, Sir, is curious, and what would hardly
he expected in so reduced a court as that of Charles the Second and in so
improved a country as England might then be thought. But so it was. In our
time, one well-filled and well-covered stage-coach requires more
accommodation than a royal progress, and every district, at an hour's
warning, can supply an army.
I do not say, Sir, that all these establishments, whose principle is gone,
have been systematically kept up for influence solely: neglect had its share.
But this I am sure of: that a consideration of influence has hindered any one
from attempting to pull them down. For the purposes of influence, and for
those purposes only, are retained half at least of the household
establishments. No revenue, no, not a royal revenue, can exist under the
accumulated charge of ancient establishment, modern luxury, and
Parliamentary political corruption.
If, therefore, we aim at regulating this household, the question will be,
whether we ought to economize by detail or by principle. The example we
have had of the success of an attempt to economize by detail, and under
establishments adverse to the attempt, may tend to decide this question.
At the beginning of his Majesty's reign, Lord Talbot came to the
administration of a great department in the household. I believe no man
ever entered into his Majesty's service, or into the service of any prince,
with a more clear integrity, or with more zeal and affection for the interest
of his master, and, I must add, with abilities for a still higher service.
Economy was then announced as a maxim of the reign. This noble lord,
therefore, made several attempts towards a reform. In the year 1777, when
the king's civil list debts came last to be paid, he explained very fully the
success of his undertaking. He told the House of Lords that he had
attempted to reduce the charges of the king's tables and his kitchen. The
he expected in so reduced a court as that of Charles the Second and in so
improved a country as England might then be thought. But so it was. In our
time, one well-filled and well-covered stage-coach requires more
accommodation than a royal progress, and every district, at an hour's
warning, can supply an army.
I do not say, Sir, that all these establishments, whose principle is gone,
have been systematically kept up for influence solely: neglect had its share.
But this I am sure of: that a consideration of influence has hindered any one
from attempting to pull them down. For the purposes of influence, and for
those purposes only, are retained half at least of the household
establishments. No revenue, no, not a royal revenue, can exist under the
accumulated charge of ancient establishment, modern luxury, and
Parliamentary political corruption.
If, therefore, we aim at regulating this household, the question will be,
whether we ought to economize by detail or by principle. The example we
have had of the success of an attempt to economize by detail, and under
establishments adverse to the attempt, may tend to decide this question.
At the beginning of his Majesty's reign, Lord Talbot came to the
administration of a great department in the household. I believe no man
ever entered into his Majesty's service, or into the service of any prince,
with a more clear integrity, or with more zeal and affection for the interest
of his master, and, I must add, with abilities for a still higher service.
Economy was then announced as a maxim of the reign. This noble lord,
therefore, made several attempts towards a reform. In the year 1777, when
the king's civil list debts came last to be paid, he explained very fully the
success of his undertaking. He told the House of Lords that he had
attempted to reduce the charges of the king's tables and his kitchen. The
Page 263
thing, Sir, was not below him. He knew that there is nothing interesting in
the concerns of men whom we love and honor, that is beneath our attention.
"Love," says one of our old poets, "esteems no office mean,"—and with still
more spirit, "Entire affection scorneth nicer hands." Frugality, Sir, is
founded on the principle, that all riches have limits. A royal household,
grown enormous, even in the meanest departments, may weaken and
perhaps destroy all energy in the highest offices of the state. The gorging a
royal kitchen may stint and famish the negotiations of a kingdom. Therefore
the object was worthy of his, was worthy of any man's attention.
In consequence of this noble lord's resolution, (as he told the other
House,) he reduced several tables, and put the persons entitled to them upon
board wages, much to their own satisfaction. But, unluckily, subsequent
duties requiring constant attendance, it was not possible to prevent their
being fed where they were employed: and thus this first step towards
economy doubled the expense.
There was another disaster far more doleful than this. I shall state it, as
the cause of that misfortune lies at the bottom of almost all our prodigality.
Lord Talbot attempted to reform the kitchen; but such, as he well observed,
is the consequence of having duty done by one person whilst another enjoys
the emoluments, that he found himself frustrated in all his designs. On that
rock his whole adventure split, his whole scheme of economy was dashed to
pieces. His department became more expensive than ever; the civil list debt
accumulated. Why? It was truly from a cause which, though perfectly
adequate to the effect, one would not have instantly guessed. It was because
the turnspit in the king's kitchen was a member of Parliament![36] The
king's domestic servants were all undone, his tradesmen remained unpaid
and became bankrupt,—because the turnspit of the king's kitchen was a
member of Parliament. His Majesty's slumbers were interrupted, his pillow
was stuffed with thorns, and his peace of mind entirely broken,—because
the concerns of men whom we love and honor, that is beneath our attention.
"Love," says one of our old poets, "esteems no office mean,"—and with still
more spirit, "Entire affection scorneth nicer hands." Frugality, Sir, is
founded on the principle, that all riches have limits. A royal household,
grown enormous, even in the meanest departments, may weaken and
perhaps destroy all energy in the highest offices of the state. The gorging a
royal kitchen may stint and famish the negotiations of a kingdom. Therefore
the object was worthy of his, was worthy of any man's attention.
In consequence of this noble lord's resolution, (as he told the other
House,) he reduced several tables, and put the persons entitled to them upon
board wages, much to their own satisfaction. But, unluckily, subsequent
duties requiring constant attendance, it was not possible to prevent their
being fed where they were employed: and thus this first step towards
economy doubled the expense.
There was another disaster far more doleful than this. I shall state it, as
the cause of that misfortune lies at the bottom of almost all our prodigality.
Lord Talbot attempted to reform the kitchen; but such, as he well observed,
is the consequence of having duty done by one person whilst another enjoys
the emoluments, that he found himself frustrated in all his designs. On that
rock his whole adventure split, his whole scheme of economy was dashed to
pieces. His department became more expensive than ever; the civil list debt
accumulated. Why? It was truly from a cause which, though perfectly
adequate to the effect, one would not have instantly guessed. It was because
the turnspit in the king's kitchen was a member of Parliament![36] The
king's domestic servants were all undone, his tradesmen remained unpaid
and became bankrupt,—because the turnspit of the king's kitchen was a
member of Parliament. His Majesty's slumbers were interrupted, his pillow
was stuffed with thorns, and his peace of mind entirely broken,—because
Page 264
the king's turnspit was a member of Parliament. The judges were unpaid,
the justice of the kingdom bent and gave way, the foreign ministers
remained inactive and unprovided, the system of Europe was dissolved, the
chain of our alliances was broken, all the wheels of government at home
and abroad were stopped,—because the king's turnspit was a member of
Parliament.
Such, Sir, was the situation of affairs, and such the cause of that situation,
when his Majesty came a second time to Parliament to desire the payment
of those debts which the employment of its members in various offices,
visible and invisible, had occasioned. I believe that a like fate will attend
every attempt at economy by detail, under similar, circumstances, and in
every department. A complex, operose office of account and control is, in
itself, and even if members of Parliament had nothing to do with it, the
most prodigal of all things. The most audacious robberies or the most subtle
frauds would never venture upon such a waste as an over-careful detailed
guard against them will infallibly produce. In our establishments, we
frequently see an office of account of an hundred pounds a year expense,
and another office of an equal expense to control that office, and the whole
upon a matter that is not worth twenty shillings.
To avoid, therefore, this minute care, which produces the consequences
of the most extensive neglect, and to oblige members of Parliament to
attend to public cares, and not to the servile offices of domestic
management, I propose, Sir, to economize by principle: that is, I propose to
put affairs into that train which experience points out as the most effectual,
from the nature of things, and from the constitution of the human mind. In
all dealings, where it is possible, the principles of radical economy
prescribe three things: first, undertaking by the great; secondly, engaging
with persons of skill in the subject-matter; thirdly, engaging with those who
the justice of the kingdom bent and gave way, the foreign ministers
remained inactive and unprovided, the system of Europe was dissolved, the
chain of our alliances was broken, all the wheels of government at home
and abroad were stopped,—because the king's turnspit was a member of
Parliament.
Such, Sir, was the situation of affairs, and such the cause of that situation,
when his Majesty came a second time to Parliament to desire the payment
of those debts which the employment of its members in various offices,
visible and invisible, had occasioned. I believe that a like fate will attend
every attempt at economy by detail, under similar, circumstances, and in
every department. A complex, operose office of account and control is, in
itself, and even if members of Parliament had nothing to do with it, the
most prodigal of all things. The most audacious robberies or the most subtle
frauds would never venture upon such a waste as an over-careful detailed
guard against them will infallibly produce. In our establishments, we
frequently see an office of account of an hundred pounds a year expense,
and another office of an equal expense to control that office, and the whole
upon a matter that is not worth twenty shillings.
To avoid, therefore, this minute care, which produces the consequences
of the most extensive neglect, and to oblige members of Parliament to
attend to public cares, and not to the servile offices of domestic
management, I propose, Sir, to economize by principle: that is, I propose to
put affairs into that train which experience points out as the most effectual,
from the nature of things, and from the constitution of the human mind. In
all dealings, where it is possible, the principles of radical economy
prescribe three things: first, undertaking by the great; secondly, engaging
with persons of skill in the subject-matter; thirdly, engaging with those who
Page 265
shall have an immediate and direct interest in the proper execution of the
business.
To avoid frittering and crumbling down the attention by a blind,
unsystematic observance of every trifle, it has ever been found the best way
to do all things which are great in the total amount and minute in the
component parts by a general contrast. The principles of trade have so
pervaded every species of dealing, from the highest to the lowest objects,
all transactions are got so much into system, that we may, at a moment's
warning, and to a farthing value, be informed at what rate any service may
be supplied. No dealing is exempt from the possibility of fraud. But by a
contract on a matter certain you have this advantage: you are sure to know
the utmost extent of the fraud to which you are subject. By a contract with a
person in his own trade you are sure you shall not suffer by want of skill.
By a short contract you are sure of making it the interest of the contractor to
exert that skill for the satisfaction of his employers.
I mean to derogate nothing from the diligence or integrity of the present,
or of any former board of Green Cloth. But what skill can members of
Parliament obtain in that low kind of province? What pleasure can they
have in the execution of that kind of duty? And if they should neglect it,
how does it affect their interest, when we know that it is their vote in
Parliament, and not their diligence in cookery or catering, that recommends
them to their office, or keeps them in it?
I therefore propose that the king's tables (to whatever number of tables,
or covers to each, he shall think proper to command) should be classed by
the steward of the household, and should be contracted for, according to
their rank, by the head or cover; that the estimate and circumstance of the
contract should be carried to the Treasury to be approved; and that its
faithful and satisfactory performance should be reported there previous to
business.
To avoid frittering and crumbling down the attention by a blind,
unsystematic observance of every trifle, it has ever been found the best way
to do all things which are great in the total amount and minute in the
component parts by a general contrast. The principles of trade have so
pervaded every species of dealing, from the highest to the lowest objects,
all transactions are got so much into system, that we may, at a moment's
warning, and to a farthing value, be informed at what rate any service may
be supplied. No dealing is exempt from the possibility of fraud. But by a
contract on a matter certain you have this advantage: you are sure to know
the utmost extent of the fraud to which you are subject. By a contract with a
person in his own trade you are sure you shall not suffer by want of skill.
By a short contract you are sure of making it the interest of the contractor to
exert that skill for the satisfaction of his employers.
I mean to derogate nothing from the diligence or integrity of the present,
or of any former board of Green Cloth. But what skill can members of
Parliament obtain in that low kind of province? What pleasure can they
have in the execution of that kind of duty? And if they should neglect it,
how does it affect their interest, when we know that it is their vote in
Parliament, and not their diligence in cookery or catering, that recommends
them to their office, or keeps them in it?
I therefore propose that the king's tables (to whatever number of tables,
or covers to each, he shall think proper to command) should be classed by
the steward of the household, and should be contracted for, according to
their rank, by the head or cover; that the estimate and circumstance of the
contract should be carried to the Treasury to be approved; and that its
faithful and satisfactory performance should be reported there previous to
Page 266
any payment; that there, and there only, should the payment be made. I
propose that men should be contracted with only in their proper trade; and
that no member of Parliament should be capable of such contract. By this
plan, almost all the infinite offices under the lord steward may be spared,—
to the extreme simplification, and to the far better execution, of every one
of his functions. The king of Prussia is so served. He is a great and eminent
(though, indeed, a very rare) instance of the possibility of uniting, in a mind
of vigor and compass, an attention to minute objects with the largest views
and the most complicated plans. His tables are served by contract, and by
the head. Let me say, that no prince can be ashamed to imitate the king of
Prussia, and particularly to learn in his school, when the problem is, "The
best manner of reconciling the state of a court with the support of war."
Other courts, I understand, have followed his with effect, and to their
satisfaction.
The same clew of principle leads us through the labyrinth of the other
departments. What, Sir, is there in the office of the great wardrobe (which
has the care of the king's furniture) that may not be executed by the lord
chamberlain himself? He has an honorable appointment; he has time
sufficient to attend to the duty; and he has the vice-chamberlain to assist
him. Why should not he deal also by contract for all things belonging to this
office, and carry his estimates first, and his report of the execution in its
proper time, for payment, directly to the Board of Treasury itself? By a
simple operation, (containing in it a treble control,) the expenses of a
department which for naked walls, or walls hung with cobwebs, has in a
few years cost the crown 150,000l., may at length hope for regulation. But,
Sir, the office and its business are at variance. As it stands, it serves, not to
furnish the palace with its hangings, but the Parliament with its dependent
members.
propose that men should be contracted with only in their proper trade; and
that no member of Parliament should be capable of such contract. By this
plan, almost all the infinite offices under the lord steward may be spared,—
to the extreme simplification, and to the far better execution, of every one
of his functions. The king of Prussia is so served. He is a great and eminent
(though, indeed, a very rare) instance of the possibility of uniting, in a mind
of vigor and compass, an attention to minute objects with the largest views
and the most complicated plans. His tables are served by contract, and by
the head. Let me say, that no prince can be ashamed to imitate the king of
Prussia, and particularly to learn in his school, when the problem is, "The
best manner of reconciling the state of a court with the support of war."
Other courts, I understand, have followed his with effect, and to their
satisfaction.
The same clew of principle leads us through the labyrinth of the other
departments. What, Sir, is there in the office of the great wardrobe (which
has the care of the king's furniture) that may not be executed by the lord
chamberlain himself? He has an honorable appointment; he has time
sufficient to attend to the duty; and he has the vice-chamberlain to assist
him. Why should not he deal also by contract for all things belonging to this
office, and carry his estimates first, and his report of the execution in its
proper time, for payment, directly to the Board of Treasury itself? By a
simple operation, (containing in it a treble control,) the expenses of a
department which for naked walls, or walls hung with cobwebs, has in a
few years cost the crown 150,000l., may at length hope for regulation. But,
Sir, the office and its business are at variance. As it stands, it serves, not to
furnish the palace with its hangings, but the Parliament with its dependent
members.
Page 267
To what end, Sir, does the office of removing wardrobe serve at all? Why
should a jewel office exist for the sole purpose of taxing the king's gifts of
plate? Its object falls naturally within the chamberlain's province, and ought
to be under his care and inspection without any fee. Why should an office
of the robes exist, when that of groom, of the stole is a sinecure, and that
this is a proper object of his department?
All these incumbrances, which are themselves nuisances, produce other
incumbrances and other nuisances. For the payment of these useless
establishments there are no less than three useless treasurers: two to hold a
purse, and one to play with a stick. The treasurer of the household is a mere
name. The cofferer and the treasurer of the chamber receive and pay great
sums, which it is not at all necessary they should either receive or pay. All
the proper officers, servants, and tradesmen may be enrolled in their several
departments, and paid in proper classes and times with great simplicity and
order, at the Exchequer, and by direction from the Treasury.
The Board of Works, which in the seven years preceding 1777 has cost
towards 400,000l.,[37] and (if I recollect rightly) has not cost less in
proportion from the beginning of the reign, is under the very same
description of all the other ill-contrived establishments, and calls for the
very same reform. We are to seek for the visible signs of all this expense.
For all this expense, we do not see a building of the size and importance of
a pigeon-house. Buckingham House was reprised by a bargain with the
public for one hundred thousand pounds; and the small house at Windsor
has been, if I mistake not, undertaken since that account was brought before
us. The good works of that Board of Works are as carefully concealed as
other good works ought to be: they are perfectly invisible. But though it is
the perfection of charity to be concealed, it is, Sir, the property and glory of
magnificence to appear and stand forward to the eye.
should a jewel office exist for the sole purpose of taxing the king's gifts of
plate? Its object falls naturally within the chamberlain's province, and ought
to be under his care and inspection without any fee. Why should an office
of the robes exist, when that of groom, of the stole is a sinecure, and that
this is a proper object of his department?
All these incumbrances, which are themselves nuisances, produce other
incumbrances and other nuisances. For the payment of these useless
establishments there are no less than three useless treasurers: two to hold a
purse, and one to play with a stick. The treasurer of the household is a mere
name. The cofferer and the treasurer of the chamber receive and pay great
sums, which it is not at all necessary they should either receive or pay. All
the proper officers, servants, and tradesmen may be enrolled in their several
departments, and paid in proper classes and times with great simplicity and
order, at the Exchequer, and by direction from the Treasury.
The Board of Works, which in the seven years preceding 1777 has cost
towards 400,000l.,[37] and (if I recollect rightly) has not cost less in
proportion from the beginning of the reign, is under the very same
description of all the other ill-contrived establishments, and calls for the
very same reform. We are to seek for the visible signs of all this expense.
For all this expense, we do not see a building of the size and importance of
a pigeon-house. Buckingham House was reprised by a bargain with the
public for one hundred thousand pounds; and the small house at Windsor
has been, if I mistake not, undertaken since that account was brought before
us. The good works of that Board of Works are as carefully concealed as
other good works ought to be: they are perfectly invisible. But though it is
the perfection of charity to be concealed, it is, Sir, the property and glory of
magnificence to appear and stand forward to the eye.
Page 268
That board, which ought to be a concern of builders and such like, and of
none else, is turned into a junto of members of Parliament. That office, too,
has a treasury and a paymaster of its own; and lest the arduous affairs of
that important exchequer should be too fatiguing, that paymaster has a
deputy to partake his profits and relieve his cares. I do not believe, that,
either now or in former times, the chief managers of that board have made
any profit of its abuse. It is, however, no good reason that an abusive
establishment should subsist, because it is of as little private as of public
advantage. But this establishment has the grand radical fault, the original
sin, that pervades and perverts all our establishments: the apparatus is not
fitted to the object, nor the workmen to the work. Expenses are incurred on
the private opinion of an inferior establishment, without consulting the
principal, who can alone determine the proportion which it ought to bear to
the other establishments of the state, in the order of their relative
importance.
I propose, therefore, along with the rest, to pull down this whole ill-
contrived scaffolding, which obstructs, rather than forwards, our public
works; to take away its treasury; to put the whole into the hands of a real
builder, who shall not be a member of Parliament; and to oblige him, by a
previous estimate and final payment, to appear twice at the Treasury before
the public can be loaded. The king's gardens are to come under a similar
regulation.
The Mint, though not a department of the household, has the same vices.
It is a great expense to the nation, chiefly for the sake of members of
Parliament. It has its officers of parade and dignity. It has its treasury, too. It
is a sort of corporate body, and formerly was a body of great importance,—
as much so, on the then scale of things, and the then order of business, as
the Bank is at this day. It was the great centre of money transactions and
remittances for our own and for other nations, until King Charles the First,
none else, is turned into a junto of members of Parliament. That office, too,
has a treasury and a paymaster of its own; and lest the arduous affairs of
that important exchequer should be too fatiguing, that paymaster has a
deputy to partake his profits and relieve his cares. I do not believe, that,
either now or in former times, the chief managers of that board have made
any profit of its abuse. It is, however, no good reason that an abusive
establishment should subsist, because it is of as little private as of public
advantage. But this establishment has the grand radical fault, the original
sin, that pervades and perverts all our establishments: the apparatus is not
fitted to the object, nor the workmen to the work. Expenses are incurred on
the private opinion of an inferior establishment, without consulting the
principal, who can alone determine the proportion which it ought to bear to
the other establishments of the state, in the order of their relative
importance.
I propose, therefore, along with the rest, to pull down this whole ill-
contrived scaffolding, which obstructs, rather than forwards, our public
works; to take away its treasury; to put the whole into the hands of a real
builder, who shall not be a member of Parliament; and to oblige him, by a
previous estimate and final payment, to appear twice at the Treasury before
the public can be loaded. The king's gardens are to come under a similar
regulation.
The Mint, though not a department of the household, has the same vices.
It is a great expense to the nation, chiefly for the sake of members of
Parliament. It has its officers of parade and dignity. It has its treasury, too. It
is a sort of corporate body, and formerly was a body of great importance,—
as much so, on the then scale of things, and the then order of business, as
the Bank is at this day. It was the great centre of money transactions and
remittances for our own and for other nations, until King Charles the First,
Page 269
among other arbitrary projects dictated by despotic necessity, made it
withhold the money that lay there for remittance. That blow (and happily,
too) the Mint never recovered. Now it is no bank, no remittance-shop. The
Mint, Sir, is a manufacture, and it is nothing else; and it ought to be
undertaken upon the principles of a manufacture,—that is, for the best and
cheapest execution, by a contract upon proper securities and under proper
regulations.
The artillery is a far greater object; it is a military concern; but having an
affinity and kindred in its defects with the establishments I am now
speaking of, I think it best to speak of it along with them. It is, I conceive,
an establishment not well suited to its martial, though exceedingly well
calculated for its Parliamentary purposes. Here there is a treasury, as in all
the other inferior departments of government. Here the military is
subordinate to the civil, and the naval confounded with the land service.
The object, indeed, is much the same in both. But, when the detail is
examined, it will be found that they had better be separated. For a reform of
this office, I propose to restore things to what (all considerations taken
together) is their natural order: to restore them to their just proportion, and
to their just distribution. I propose, in this military concern, to render the
civil subordinate to the military; and this will annihilate the greatest part of
the expense, and all the influence belonging to the office. I propose to send
the military branch to the army, and the naval to the Admiralty; and I intend
to perfect and accomplish the whole detail (where it becomes too minute
and complicated for legislature, and requires exact, official, military, and
mechanical knowledge) by a commission of competent officers in both
departments. I propose to execute by contract what by contract can be
executed, and to bring, as much as possible, all estimates to be previously
approved and finally to be paid by the Treasury.
withhold the money that lay there for remittance. That blow (and happily,
too) the Mint never recovered. Now it is no bank, no remittance-shop. The
Mint, Sir, is a manufacture, and it is nothing else; and it ought to be
undertaken upon the principles of a manufacture,—that is, for the best and
cheapest execution, by a contract upon proper securities and under proper
regulations.
The artillery is a far greater object; it is a military concern; but having an
affinity and kindred in its defects with the establishments I am now
speaking of, I think it best to speak of it along with them. It is, I conceive,
an establishment not well suited to its martial, though exceedingly well
calculated for its Parliamentary purposes. Here there is a treasury, as in all
the other inferior departments of government. Here the military is
subordinate to the civil, and the naval confounded with the land service.
The object, indeed, is much the same in both. But, when the detail is
examined, it will be found that they had better be separated. For a reform of
this office, I propose to restore things to what (all considerations taken
together) is their natural order: to restore them to their just proportion, and
to their just distribution. I propose, in this military concern, to render the
civil subordinate to the military; and this will annihilate the greatest part of
the expense, and all the influence belonging to the office. I propose to send
the military branch to the army, and the naval to the Admiralty; and I intend
to perfect and accomplish the whole detail (where it becomes too minute
and complicated for legislature, and requires exact, official, military, and
mechanical knowledge) by a commission of competent officers in both
departments. I propose to execute by contract what by contract can be
executed, and to bring, as much as possible, all estimates to be previously
approved and finally to be paid by the Treasury.
Page 270
Thus, by following the course of Nature, and not the purposes of politics,
or the accumulated patchwork of occasional accommodation, this vast,
expensive department may be methodized, its service proportioned to its
necessities, and its payments subjected to the inspection of the superior
minister of finance, who is to judge of it on the result of the total collective
exigencies of the state. This last is a reigning principle through my whole
plan; and it is a principle which I hope may hereafter be applied to other
plans.
By these regulations taken together, besides the three subordinate
treasuries in the lesser principalities, five other subordinate treasuries are
suppressed. There is taken away the whole establishment of detail in the
household: the treasurer; the comptroller (for a comptroller is hardly
necessary where there is no treasurer); the cofferer of the household; the
treasurer of the chamber; the master of the household; the whole board of
green cloth;—and a vast number of subordinate offices in the department of
the steward of the household,—the whole establishment of the great
wardrobe,—the removing wardrobe,—the jewel office,—the robes,—the
Board of Works,—almost the whole charge of the civil branch of the Board
of Ordnance, are taken away. All these arrangements together will be found
to relieve the nation from a vast weight of influence, without distressing,
but rather by forwarding every public service. When something of this kind
is done, then the public may begin to breathe. Under other governments, a
question of expense is only a question of economy, and it is nothing more:
with us, in every question of expense there is always a mixture of
constitutional considerations.
It is, Sir, because I wish to keep this business of subordinate treasuries as
much as I can together, that I brought the ordnance office before you,
though it is properly a military department. For the same reason I will now
trouble you with my thoughts and propositions upon two of the greatest
or the accumulated patchwork of occasional accommodation, this vast,
expensive department may be methodized, its service proportioned to its
necessities, and its payments subjected to the inspection of the superior
minister of finance, who is to judge of it on the result of the total collective
exigencies of the state. This last is a reigning principle through my whole
plan; and it is a principle which I hope may hereafter be applied to other
plans.
By these regulations taken together, besides the three subordinate
treasuries in the lesser principalities, five other subordinate treasuries are
suppressed. There is taken away the whole establishment of detail in the
household: the treasurer; the comptroller (for a comptroller is hardly
necessary where there is no treasurer); the cofferer of the household; the
treasurer of the chamber; the master of the household; the whole board of
green cloth;—and a vast number of subordinate offices in the department of
the steward of the household,—the whole establishment of the great
wardrobe,—the removing wardrobe,—the jewel office,—the robes,—the
Board of Works,—almost the whole charge of the civil branch of the Board
of Ordnance, are taken away. All these arrangements together will be found
to relieve the nation from a vast weight of influence, without distressing,
but rather by forwarding every public service. When something of this kind
is done, then the public may begin to breathe. Under other governments, a
question of expense is only a question of economy, and it is nothing more:
with us, in every question of expense there is always a mixture of
constitutional considerations.
It is, Sir, because I wish to keep this business of subordinate treasuries as
much as I can together, that I brought the ordnance office before you,
though it is properly a military department. For the same reason I will now
trouble you with my thoughts and propositions upon two of the greatest
Page 271
under-treasuries: I mean the office of paymaster of the land forces, or
treasurer of the army, and that of the treasurer of the navy. The former of
these has long been a great object of public suspicion and uneasiness. Envy,
too, has had its share in the obloquy which is cast upon this office. But I am
sure that it has no share at all in the reflections I shall make upon it, or in
the reformations that I shall propose. I do not grudge to the honorable
gentleman who at present holds the office any of the effects of his talents,
his merit, or his fortune. He is respectable in all these particulars. I follow
the constitution of the office without persecuting its holder. It is necessary
in all matters of public complaint, where men frequently feel right and
argue wrong, to separate prejudice from reason, and to be very sure, in
attempting the redress of a grievance, that we hit upon its real seat and its
true nature. Where there is an abuse in office, the first thing that occurs in
heat is to censure the officer. Our natural disposition leads all our inquiries
rather to persons than to things. But this prejudice is to be corrected by
maturer thinking.
Sir, the profits of the pay office (as an office) are not too great, in my
opinion, for its duties, and for the rank of the person who has generally held
it. He has been generally a person of the highest rank,—that is to say, a
person of eminence and consideration in this House. The great and the
invidious profits of the pay office are from the bank that is held in it.
According to the present course of the office, and according to the present
mode of accounting there, this bank must necessarily exist somewhere.
Money is a productive thing; and when the usual time of its demand can be
tolerably calculated, it may with prudence be safely laid out to the profit of
the holder. It is on this calculation that the business of banking proceeds.
But no profit can be derived from the use of money which does not make it
the interest of the holder to delay his account. The process of the Exchequer
colludes with this interest. Is this collusion from its want of rigor and
strictness and great regularity of form? The reverse is true. They have in the
treasurer of the army, and that of the treasurer of the navy. The former of
these has long been a great object of public suspicion and uneasiness. Envy,
too, has had its share in the obloquy which is cast upon this office. But I am
sure that it has no share at all in the reflections I shall make upon it, or in
the reformations that I shall propose. I do not grudge to the honorable
gentleman who at present holds the office any of the effects of his talents,
his merit, or his fortune. He is respectable in all these particulars. I follow
the constitution of the office without persecuting its holder. It is necessary
in all matters of public complaint, where men frequently feel right and
argue wrong, to separate prejudice from reason, and to be very sure, in
attempting the redress of a grievance, that we hit upon its real seat and its
true nature. Where there is an abuse in office, the first thing that occurs in
heat is to censure the officer. Our natural disposition leads all our inquiries
rather to persons than to things. But this prejudice is to be corrected by
maturer thinking.
Sir, the profits of the pay office (as an office) are not too great, in my
opinion, for its duties, and for the rank of the person who has generally held
it. He has been generally a person of the highest rank,—that is to say, a
person of eminence and consideration in this House. The great and the
invidious profits of the pay office are from the bank that is held in it.
According to the present course of the office, and according to the present
mode of accounting there, this bank must necessarily exist somewhere.
Money is a productive thing; and when the usual time of its demand can be
tolerably calculated, it may with prudence be safely laid out to the profit of
the holder. It is on this calculation that the business of banking proceeds.
But no profit can be derived from the use of money which does not make it
the interest of the holder to delay his account. The process of the Exchequer
colludes with this interest. Is this collusion from its want of rigor and
strictness and great regularity of form? The reverse is true. They have in the
Page 272
Exchequer brought rigor and formalism to their ultimate perfection. The
process against accountants is so rigorous, and in a manner so unjust, that
correctives must from time to time be applied to it. These correctives being
discretionary, upon the case, and generally remitted by the Barons to the
Lords of the Treasury, as the test judges of the reasons for respite, hearings
are had, delays are produced, and thus the extreme of rigor in office (as
usual in all human affairs) leads to the extreme of laxity. What with the
interested delay of the officer, the ill-conceived exactness of the court, the
applications for dispensations from that exactness, the revival of rigorous
process after the expiration of the time, and the new rigors producing new
applications and new enlargements of time, such delays happen in the
public accounts that they can scarcely ever be closed.
Besides, Sir, they have a rule in the Exchequer, which, I believe, they
have founded upon a very ancient statute, that of the 51st of Henry the
Third, by which it is provided, that, "when a sheriff or bailiff hath begun his
account, none other shall be received to account, until he that was first
appointed hath clearly accounted, and that the sum has been received."[38]
Whether this clause of that statute be the ground of that absurd practice I
am not quite able to ascertain. But it has very generally prevailed, though I
am told that of late they have began to relax from it. In consequence of
forms adverse to substantial account, we have a long succession of
paymasters and their representatives who have never been admitted to
account, although perfectly ready to do so.
As the extent of our wars has scattered the accountants under the
paymaster into every part of the globe, the grand and sure paymaster, Death,
in all his shapes, calls these accountants to another reckoning. Death,
indeed, domineers over everything but the forms of the Exchequer. Over
these he has no power. They are impassive and immortal. The audit of the
Exchequer, more severe than the audit to which the accountants are gone,
process against accountants is so rigorous, and in a manner so unjust, that
correctives must from time to time be applied to it. These correctives being
discretionary, upon the case, and generally remitted by the Barons to the
Lords of the Treasury, as the test judges of the reasons for respite, hearings
are had, delays are produced, and thus the extreme of rigor in office (as
usual in all human affairs) leads to the extreme of laxity. What with the
interested delay of the officer, the ill-conceived exactness of the court, the
applications for dispensations from that exactness, the revival of rigorous
process after the expiration of the time, and the new rigors producing new
applications and new enlargements of time, such delays happen in the
public accounts that they can scarcely ever be closed.
Besides, Sir, they have a rule in the Exchequer, which, I believe, they
have founded upon a very ancient statute, that of the 51st of Henry the
Third, by which it is provided, that, "when a sheriff or bailiff hath begun his
account, none other shall be received to account, until he that was first
appointed hath clearly accounted, and that the sum has been received."[38]
Whether this clause of that statute be the ground of that absurd practice I
am not quite able to ascertain. But it has very generally prevailed, though I
am told that of late they have began to relax from it. In consequence of
forms adverse to substantial account, we have a long succession of
paymasters and their representatives who have never been admitted to
account, although perfectly ready to do so.
As the extent of our wars has scattered the accountants under the
paymaster into every part of the globe, the grand and sure paymaster, Death,
in all his shapes, calls these accountants to another reckoning. Death,
indeed, domineers over everything but the forms of the Exchequer. Over
these he has no power. They are impassive and immortal. The audit of the
Exchequer, more severe than the audit to which the accountants are gone,
Page 273
demands proofs which in the nature of things are difficult, sometimes
impossible, to be had. In this respect, too, rigor, as usual, defeats itself.
Then the Exchequer never gives a particular receipt, or clears a man of his
account as far as it goes. A final acquittance (or a quietus, as they term it) is
scarcely ever to be obtained. Terrors and ghosts of unlaid accountants haunt
the houses of their children from generation to generation. Families, in the
course of succession, fall into minorities; the inheritance comes into the
hands of females; and very perplexed affairs are often delivered over into
the hands of negligent guardians and faithless stewards. So that the demand
remains, when the advantage of the money is gone,—if ever any advantage
at all has been made of it. This is a cause of infinite distress to families, and
becomes a source of influence to an extent that can scarcely be imagined,
but by those who have taken some pains to trace it. The mildness of
government, in the employment of useless and dangerous powers, furnishes
no reason for their continuance.
As things stand, can you in justice (except perhaps in that over-perfect
kind of justice which has obtained by its merits the title of the opposite
vice[39]) insist that any man should, by the course of his office, keep a bank
from whence he is to derive no advantage? that a man should be subject to
demands below and be in a manner refused an acquittance above, that he
should transmit an original sin and inheritance of vexation to his posterity,
without a power of compensating himself in some way or other for so
perilous a situation? We know, that, if the paymaster should deny himself
the advantages of his bank, the public, as things stand, is not the richer for it
by a single shilling. This I thought it necessary to say as to the offensive
magnitude of the profits of this office, that we may proceed in reformation
on the principles of reason, and not on the feelings of envy.
The treasurer of the navy is, mutatis mutandis, in the same
circumstances. Indeed, all accountants are. Instead of the present mode,
impossible, to be had. In this respect, too, rigor, as usual, defeats itself.
Then the Exchequer never gives a particular receipt, or clears a man of his
account as far as it goes. A final acquittance (or a quietus, as they term it) is
scarcely ever to be obtained. Terrors and ghosts of unlaid accountants haunt
the houses of their children from generation to generation. Families, in the
course of succession, fall into minorities; the inheritance comes into the
hands of females; and very perplexed affairs are often delivered over into
the hands of negligent guardians and faithless stewards. So that the demand
remains, when the advantage of the money is gone,—if ever any advantage
at all has been made of it. This is a cause of infinite distress to families, and
becomes a source of influence to an extent that can scarcely be imagined,
but by those who have taken some pains to trace it. The mildness of
government, in the employment of useless and dangerous powers, furnishes
no reason for their continuance.
As things stand, can you in justice (except perhaps in that over-perfect
kind of justice which has obtained by its merits the title of the opposite
vice[39]) insist that any man should, by the course of his office, keep a bank
from whence he is to derive no advantage? that a man should be subject to
demands below and be in a manner refused an acquittance above, that he
should transmit an original sin and inheritance of vexation to his posterity,
without a power of compensating himself in some way or other for so
perilous a situation? We know, that, if the paymaster should deny himself
the advantages of his bank, the public, as things stand, is not the richer for it
by a single shilling. This I thought it necessary to say as to the offensive
magnitude of the profits of this office, that we may proceed in reformation
on the principles of reason, and not on the feelings of envy.
The treasurer of the navy is, mutatis mutandis, in the same
circumstances. Indeed, all accountants are. Instead of the present mode,
Page 274
which is troublesome to the officer and unprofitable to the public, I propose
to substitute something more effectual than rigor, which is the worst exactor
in the world. I mean to remove the very temptations to delay; to facilitate
the account; and to transfer this bank, now of private emolument, to the
public. The crown will suffer no wrong at least from the pay offices; and its
terrors will no longer reign over the families of those who hold or have held
them. I propose that these offices should be no longer banks or treasuries,
but mere offices of administration. I propose, first, that the present
paymaster and the treasurer of the navy should carry into the Exchequer the
whole body of the vouchers for what they have paid over to deputy-
paymasters, to regimental agents, or to any of those to whom they have and
ought to have paid money. I propose that those vouchers shall be admitted
as actual payments in their accounts, and that the persons to whom the
money has been paid shall then stand charged in the Exchequer in their
place. After this process, they shall be debited or charged for nothing but
the money-balance that remains in their hands.
I am conscious, Sir, that, if this balance (which they could not expect to
be so suddenly demanded by any usual process of the Exchequer) should
now be exacted all at once, not only their ruin, but a ruin of others to an
extent which I do not like to think of, but which I can well conceive, and
which you may well conceive, might be the consequence. I told you, Sir,
when I promised before the holidays to bring in this plan, that I never would
suffer any man or description of men to suffer from errors that naturally
have grown out of the abusive constitution of those offices which I propose
to regulate. If I cannot reform with equity, I will not reform at all.
For the regulation of past accounts, I shall therefore propose such a
mode, as men, temperate and prudent, make use of in the management of
their private affairs, when their accounts are various, perplexed, and of long
standing. I would therefore, after their example, divide the public debts into
to substitute something more effectual than rigor, which is the worst exactor
in the world. I mean to remove the very temptations to delay; to facilitate
the account; and to transfer this bank, now of private emolument, to the
public. The crown will suffer no wrong at least from the pay offices; and its
terrors will no longer reign over the families of those who hold or have held
them. I propose that these offices should be no longer banks or treasuries,
but mere offices of administration. I propose, first, that the present
paymaster and the treasurer of the navy should carry into the Exchequer the
whole body of the vouchers for what they have paid over to deputy-
paymasters, to regimental agents, or to any of those to whom they have and
ought to have paid money. I propose that those vouchers shall be admitted
as actual payments in their accounts, and that the persons to whom the
money has been paid shall then stand charged in the Exchequer in their
place. After this process, they shall be debited or charged for nothing but
the money-balance that remains in their hands.
I am conscious, Sir, that, if this balance (which they could not expect to
be so suddenly demanded by any usual process of the Exchequer) should
now be exacted all at once, not only their ruin, but a ruin of others to an
extent which I do not like to think of, but which I can well conceive, and
which you may well conceive, might be the consequence. I told you, Sir,
when I promised before the holidays to bring in this plan, that I never would
suffer any man or description of men to suffer from errors that naturally
have grown out of the abusive constitution of those offices which I propose
to regulate. If I cannot reform with equity, I will not reform at all.
For the regulation of past accounts, I shall therefore propose such a
mode, as men, temperate and prudent, make use of in the management of
their private affairs, when their accounts are various, perplexed, and of long
standing. I would therefore, after their example, divide the public debts into
Page 275
three sorts,—good, bad, and doubtful. In looking over the public accounts, I
should never dream of the blind mode of the Exchequer, which regards
things in the abstract, and knows no difference in the quality of its debts or
the circumstances of its debtors. By this means it fatigues itself, it vexes
others, it often crushes the poor, it lets escape the rich, or, in a fit of mercy
or carelessness, declines all means of recovering its just demands. Content
with the eternity of its claims, it enjoys its Epicurean divinity with
Epicurean languor. But it is proper that all sorts of accounts should be
closed some time or other,—by payment, by composition, or by oblivion.
Expedit reipublicæ ut sit finis litium. Constantly taking along with me, that
an extreme rigor is sure to arm everything against it, and at length to relax
into a supine neglect, I propose, Sir, that even the best, soundest, and the
most recent dents should be put into instalments, for the mutual benefit of
the accountant and the public.
In proportion, however, as I am tender of the past, I would be provident
of the future. All money that was formerly imprested to the two great pay
offices I would have imprested in future to the Bank of England. These
offices should in future receive no more than cash sufficient for small
payments. Their other payments ought to be made by drafts on the Bank,
expressing the service. A check account from both offices, of drafts and
receipts, should be annually made up in the Exchequer,—charging the Bank
in account with the cash balance, but not demanding the payment until there
is an order from the Treasury, in consequence of a vote of Parliament.
As I did not, Sir, deny to the paymaster the natural profits of the bank
that was in his hands, so neither would I to the Bank of England. A share of
that profit might be derived to the public in various ways. My favorite mode
is this: that, in compensation for the use of this money, the bank may take
upon themselves, first, the charge of the Mint, to which they are already, by
their charter, obliged to bring in a great deal of bullion annually to be
should never dream of the blind mode of the Exchequer, which regards
things in the abstract, and knows no difference in the quality of its debts or
the circumstances of its debtors. By this means it fatigues itself, it vexes
others, it often crushes the poor, it lets escape the rich, or, in a fit of mercy
or carelessness, declines all means of recovering its just demands. Content
with the eternity of its claims, it enjoys its Epicurean divinity with
Epicurean languor. But it is proper that all sorts of accounts should be
closed some time or other,—by payment, by composition, or by oblivion.
Expedit reipublicæ ut sit finis litium. Constantly taking along with me, that
an extreme rigor is sure to arm everything against it, and at length to relax
into a supine neglect, I propose, Sir, that even the best, soundest, and the
most recent dents should be put into instalments, for the mutual benefit of
the accountant and the public.
In proportion, however, as I am tender of the past, I would be provident
of the future. All money that was formerly imprested to the two great pay
offices I would have imprested in future to the Bank of England. These
offices should in future receive no more than cash sufficient for small
payments. Their other payments ought to be made by drafts on the Bank,
expressing the service. A check account from both offices, of drafts and
receipts, should be annually made up in the Exchequer,—charging the Bank
in account with the cash balance, but not demanding the payment until there
is an order from the Treasury, in consequence of a vote of Parliament.
As I did not, Sir, deny to the paymaster the natural profits of the bank
that was in his hands, so neither would I to the Bank of England. A share of
that profit might be derived to the public in various ways. My favorite mode
is this: that, in compensation for the use of this money, the bank may take
upon themselves, first, the charge of the Mint, to which they are already, by
their charter, obliged to bring in a great deal of bullion annually to be
Page 276
coined. In the next place, I mean that they should take upon themselves the
charge of remittances to our troops abroad. This is a species of dealing
from which, by the same charter, they are not debarred. One and a quarter
per cent will be saved instantly thereby to the public on very large sums of
money. This will be at once a matter of economy and a considerable
reduction of influence, by taking away a private contract of an expensive
nature. If the Bank, which is a great corporation, and of course receives the
least profits from the money in their custody, should of itself refuse or be
persuaded to refuse this offer upon those terms, I can speak with some
confidence that one at least, if not both parts of the condition would be
received, and gratefully received, by several bankers of eminence. There is
no banker who will not be at least as good security as any paymaster of the
forces, or any treasurer of the navy, that have ever been bankers to the
public: as rich at least as my Lord Chatham, or my Lord Holland, or either
of the honorable gentlemen who now hold the offices, were at the time that
they entered into them; or as ever the whole establishment of the Mint has
been at any period.
These, Sir, are the outlines of the plan I mean to follow, in suppressing
these two large subordinate treasuries. I now come to another subordinate
treasury,—I mean that of the paymaster of the pensions; for which purpose I
reënter the limits of the civil establishment: I departed from those limits in
pursuit of a principle; and, following the same game in its doubles, I am
brought into those limits again. That treasury and that office I mean to take
away, and to transfer the payment of every name, mode, and denomination
of pensions to the Exchequer. The present course of diversifying the same
object can answer no good purpose, whatever its use may be to purposes of
another kind. There are also other lists of pensions; and I mean that they
should all be hereafter paid at one and the same place. The whole of the
new consolidated list I mean to reduce to 60,000l. a year, which sum I
intend it shall never exceed. I think that sum will fully answer as a reward
charge of remittances to our troops abroad. This is a species of dealing
from which, by the same charter, they are not debarred. One and a quarter
per cent will be saved instantly thereby to the public on very large sums of
money. This will be at once a matter of economy and a considerable
reduction of influence, by taking away a private contract of an expensive
nature. If the Bank, which is a great corporation, and of course receives the
least profits from the money in their custody, should of itself refuse or be
persuaded to refuse this offer upon those terms, I can speak with some
confidence that one at least, if not both parts of the condition would be
received, and gratefully received, by several bankers of eminence. There is
no banker who will not be at least as good security as any paymaster of the
forces, or any treasurer of the navy, that have ever been bankers to the
public: as rich at least as my Lord Chatham, or my Lord Holland, or either
of the honorable gentlemen who now hold the offices, were at the time that
they entered into them; or as ever the whole establishment of the Mint has
been at any period.
These, Sir, are the outlines of the plan I mean to follow, in suppressing
these two large subordinate treasuries. I now come to another subordinate
treasury,—I mean that of the paymaster of the pensions; for which purpose I
reënter the limits of the civil establishment: I departed from those limits in
pursuit of a principle; and, following the same game in its doubles, I am
brought into those limits again. That treasury and that office I mean to take
away, and to transfer the payment of every name, mode, and denomination
of pensions to the Exchequer. The present course of diversifying the same
object can answer no good purpose, whatever its use may be to purposes of
another kind. There are also other lists of pensions; and I mean that they
should all be hereafter paid at one and the same place. The whole of the
new consolidated list I mean to reduce to 60,000l. a year, which sum I
intend it shall never exceed. I think that sum will fully answer as a reward
Page 277
to all real merit and a provision for all real public charity that is ever like to
be placed upon the list. If any merit of an extraordinary nature should
emerge before that reduction is completed, I have left it open for an address
of either House of Parliament to provide for the case. To all other demands
it must be answered, with regret, but with firmness, "The public is poor."
I do not propose, as I told you before Christmas, to take away any
pension. I know that the public seem to call for a reduction of such of them
as shall appear unmerited. As a censorial act, and punishment of an abuse, it
might answer some purpose. But this can make no part of my plan. I mean
to proceed by bill; and I cannot stop for such an inquiry. I know some
gentlemen may blame me. It is with great submission to better judgments
that I recommend it to consideration, that a critical retrospective
examination of the pension list, upon the principle of merit, can never serve
for my basis. It cannot answer, according to my plan, any effectual purpose
of economy, or of future, permanent reformation. The process in any way
will be entangled and difficult, and it will be infinitely slow: there is a
danger, that, if we turn our line of march, now directed towards the grand
object, into this more laborious than useful detail of operations, we shall
never arrive at our end.
The king, Sir, has been by the Constitution appointed sole judge of the
merit for which a pension is to be given. We have a right, undoubtedly, to
canvass this, as we have to canvass every act of government. But there is a
material difference between an office to be reformed and a pension taken
away for demerit. In the former case, no charge is implied against the
holder; in the latter, his character is slurred, as well as his lawful emolument
affected. The former process is against the thing; the second, against the
person. The pensioner certainly, if he pleases, has a right to stand on his
own defence, to plead his possession, and to bottom his title in the
competency of the crown to give him what he holds. Possessed and on the
be placed upon the list. If any merit of an extraordinary nature should
emerge before that reduction is completed, I have left it open for an address
of either House of Parliament to provide for the case. To all other demands
it must be answered, with regret, but with firmness, "The public is poor."
I do not propose, as I told you before Christmas, to take away any
pension. I know that the public seem to call for a reduction of such of them
as shall appear unmerited. As a censorial act, and punishment of an abuse, it
might answer some purpose. But this can make no part of my plan. I mean
to proceed by bill; and I cannot stop for such an inquiry. I know some
gentlemen may blame me. It is with great submission to better judgments
that I recommend it to consideration, that a critical retrospective
examination of the pension list, upon the principle of merit, can never serve
for my basis. It cannot answer, according to my plan, any effectual purpose
of economy, or of future, permanent reformation. The process in any way
will be entangled and difficult, and it will be infinitely slow: there is a
danger, that, if we turn our line of march, now directed towards the grand
object, into this more laborious than useful detail of operations, we shall
never arrive at our end.
The king, Sir, has been by the Constitution appointed sole judge of the
merit for which a pension is to be given. We have a right, undoubtedly, to
canvass this, as we have to canvass every act of government. But there is a
material difference between an office to be reformed and a pension taken
away for demerit. In the former case, no charge is implied against the
holder; in the latter, his character is slurred, as well as his lawful emolument
affected. The former process is against the thing; the second, against the
person. The pensioner certainly, if he pleases, has a right to stand on his
own defence, to plead his possession, and to bottom his title in the
competency of the crown to give him what he holds. Possessed and on the
Page 278
defensive as he is, he will not be obliged to prove his special merit, in order
to justify the act of legal discretion, now turned into his property, according
to his tenure. The very act, he will contend, is a legal presumption, and an
implication of his merit. If this be so, from the natural force of all legal
presumption, he would put us to the difficult proof that he has no merit at
all. But other questions would arise in the course of such an inquiry,—that
is, questions of the merit when weighed against the proportion of the
reward; then the difficulty will be much greater.
The difficulty will not, Sir, I am afraid, be much less, if we pass to the
person really guilty in the question of an unmerited pension: the minister
himself. I admit, that, when called to account for the execution of a trust, he
might fairly be obliged to prove the affirmative, and to state the merit for
which the pension is given, though on the pensioner himself such a process
would be hard. If in this examination we proceed methodically, and so as to
avoid all suspicion of partiality and prejudice, we must take the pensions in
order of time, or merely alphabetically. The very first pension to which we
come, in either of these ways, may appear the most grossly unmerited of
any. But the minister may very possibly show that he knows nothing of the
putting on this pension; that it was prior in time to his administration; that
the minister who laid it on is dead: and then we are thrown back upon the
pensioner himself, and plunged into all our former difficulties. Abuses, and
gross ones, I doubt not, would appear, and to the correction of which I
would readily give my hand: but when I consider that pensions have not
generally been affected by the revolutions of ministry; as I know not where
such inquiries would stop; and as an absence of merit is a negative and
loose thing;—one might be led to derange the order of families founded on
the probable continuance of their kind of income; I might hurt children; I
might injure creditors;—I really think it the more prudent course not to
follow the letter of the petitions. If we fix this mode of inquiry as a basis,
we shall, I fear, end as Parliament has often ended under similar
to justify the act of legal discretion, now turned into his property, according
to his tenure. The very act, he will contend, is a legal presumption, and an
implication of his merit. If this be so, from the natural force of all legal
presumption, he would put us to the difficult proof that he has no merit at
all. But other questions would arise in the course of such an inquiry,—that
is, questions of the merit when weighed against the proportion of the
reward; then the difficulty will be much greater.
The difficulty will not, Sir, I am afraid, be much less, if we pass to the
person really guilty in the question of an unmerited pension: the minister
himself. I admit, that, when called to account for the execution of a trust, he
might fairly be obliged to prove the affirmative, and to state the merit for
which the pension is given, though on the pensioner himself such a process
would be hard. If in this examination we proceed methodically, and so as to
avoid all suspicion of partiality and prejudice, we must take the pensions in
order of time, or merely alphabetically. The very first pension to which we
come, in either of these ways, may appear the most grossly unmerited of
any. But the minister may very possibly show that he knows nothing of the
putting on this pension; that it was prior in time to his administration; that
the minister who laid it on is dead: and then we are thrown back upon the
pensioner himself, and plunged into all our former difficulties. Abuses, and
gross ones, I doubt not, would appear, and to the correction of which I
would readily give my hand: but when I consider that pensions have not
generally been affected by the revolutions of ministry; as I know not where
such inquiries would stop; and as an absence of merit is a negative and
loose thing;—one might be led to derange the order of families founded on
the probable continuance of their kind of income; I might hurt children; I
might injure creditors;—I really think it the more prudent course not to
follow the letter of the petitions. If we fix this mode of inquiry as a basis,
we shall, I fear, end as Parliament has often ended under similar
Page 279
circumstances. There will be great delay, much confusion, much inequality
in our proceedings. But what presses me most of all is this: that, though we
should strike off all the unmerited pensions, while the power of the crown
remains unlimited, the very same undeserving persons might afterwards
return to the very same list; or, if they did not, other persons, meriting as
little as they do, might be put upon it to an undefinable amount. This, I
think, is the pinch of the grievance.
For these reasons, Sir, I am obliged to waive this mode of proceeding as
any part of my plan. In a plan of reformation, it would be one of my
maxims, that, when I know of an establishment which may be subservient
to useful purposes, and which at the same time, from its discretionary
nature, is liable to a very great perversion from those purposes, I would
limit the quantity of the power that might be so abused. For I am sure that in
all such cases the rewards of merit will have very narrow bounds, and that
partial or corrupt favor will be infinite. This principle is not arbitrary, but
the limitation of the specific quantity must be so in some measure. I
therefore state 60,000l., leaving it open to the House to enlarge or contract
the sum as they shall see, on examination, that the discretion I use is scanty
or liberal. The whole amount of the pensions of all denominations which
have been laid before us amount, for a period of seven years, to
considerably more than 100,000l. a year. To what the other lists amount I
know not. That will be seen hereafter. But from those that do appear, a
saving will accrue to the public, at one time or other, of 40,000l. a year; and
we had better, in my opinion, to let it fall in naturally than to tear it crude
and unripe from the stalk.[40]
There is a great deal of uneasiness among the people upon an article
which I must class under the head of pensions: I mean the great patent
offices in the Exchequer. They are in reality and substance no other than
pensions, and in no other light shall I consider them. They are sinecures;
in our proceedings. But what presses me most of all is this: that, though we
should strike off all the unmerited pensions, while the power of the crown
remains unlimited, the very same undeserving persons might afterwards
return to the very same list; or, if they did not, other persons, meriting as
little as they do, might be put upon it to an undefinable amount. This, I
think, is the pinch of the grievance.
For these reasons, Sir, I am obliged to waive this mode of proceeding as
any part of my plan. In a plan of reformation, it would be one of my
maxims, that, when I know of an establishment which may be subservient
to useful purposes, and which at the same time, from its discretionary
nature, is liable to a very great perversion from those purposes, I would
limit the quantity of the power that might be so abused. For I am sure that in
all such cases the rewards of merit will have very narrow bounds, and that
partial or corrupt favor will be infinite. This principle is not arbitrary, but
the limitation of the specific quantity must be so in some measure. I
therefore state 60,000l., leaving it open to the House to enlarge or contract
the sum as they shall see, on examination, that the discretion I use is scanty
or liberal. The whole amount of the pensions of all denominations which
have been laid before us amount, for a period of seven years, to
considerably more than 100,000l. a year. To what the other lists amount I
know not. That will be seen hereafter. But from those that do appear, a
saving will accrue to the public, at one time or other, of 40,000l. a year; and
we had better, in my opinion, to let it fall in naturally than to tear it crude
and unripe from the stalk.[40]
There is a great deal of uneasiness among the people upon an article
which I must class under the head of pensions: I mean the great patent
offices in the Exchequer. They are in reality and substance no other than
pensions, and in no other light shall I consider them. They are sinecures;
Page 280
they are always executed by deputy; the duty of the principal is as nothing.
They differ, however, from the pensions on the list in some particulars.
They are held for life. I think, with the public, that the profits of those
places are grown enormous; the magnitude of those profits, and the nature
of them, both call for reformation. The nature of their profits, which grow
out of the public distress, is itself invidious and grievous. But I fear that
reform cannot be immediate. I find myself under a restriction. These places,
and others of the same kind, which are held for life, have been considered
as property. They have been given as a provision for children; they have
been the subject of family settlements; they have been the security of
creditors. What the law respects shall be sacred to me. If the barriers of law
should be broken down, upon ideas of convenience, even of public
convenience, we shall have no longer anything certain among us. If the
discretion of power is once let loose upon property, we can be at no loss to
determine whose power and what discretion it is that will prevail at last. It
would be wise to attend upon the order of things, and not to attempt to
outrun the slow, but smooth and even course of Nature. There are
occasions, I admit, of public necessity, so vast, so clear, so evident, that they
supersede all laws. Law, being only made for the benefit of the community,
cannot in any one of its parts resist a demand which may comprehend the
total of the public interest. To be sure, no law can set itself up against the
cause and reason of all law; but such a case very rarely happens, and this
most certainly is not such a case. The mere time of the reform is by no
means worth the sacrifice of a principle of law. Individuals pass like
shadows; but the commonwealth is fixed and stable. The difference,
therefore, of to-day and to-morrow, which to private people is immense, to
the state is nothing. At any rate, it is better, if possible, to reconcile our
economy with our laws than to set them at variance,—a quarrel which in
the end must be destructive to both.
They differ, however, from the pensions on the list in some particulars.
They are held for life. I think, with the public, that the profits of those
places are grown enormous; the magnitude of those profits, and the nature
of them, both call for reformation. The nature of their profits, which grow
out of the public distress, is itself invidious and grievous. But I fear that
reform cannot be immediate. I find myself under a restriction. These places,
and others of the same kind, which are held for life, have been considered
as property. They have been given as a provision for children; they have
been the subject of family settlements; they have been the security of
creditors. What the law respects shall be sacred to me. If the barriers of law
should be broken down, upon ideas of convenience, even of public
convenience, we shall have no longer anything certain among us. If the
discretion of power is once let loose upon property, we can be at no loss to
determine whose power and what discretion it is that will prevail at last. It
would be wise to attend upon the order of things, and not to attempt to
outrun the slow, but smooth and even course of Nature. There are
occasions, I admit, of public necessity, so vast, so clear, so evident, that they
supersede all laws. Law, being only made for the benefit of the community,
cannot in any one of its parts resist a demand which may comprehend the
total of the public interest. To be sure, no law can set itself up against the
cause and reason of all law; but such a case very rarely happens, and this
most certainly is not such a case. The mere time of the reform is by no
means worth the sacrifice of a principle of law. Individuals pass like
shadows; but the commonwealth is fixed and stable. The difference,
therefore, of to-day and to-morrow, which to private people is immense, to
the state is nothing. At any rate, it is better, if possible, to reconcile our
economy with our laws than to set them at variance,—a quarrel which in
the end must be destructive to both.
Page 281
My idea, therefore, is, to reduce those offices to fixed salaries, as the
present lives and reversions shall successively fall. I mean, that the office of
the great auditor (the auditor of the receipt) shall be reduced to 3000l. a
year; and the auditors of the imprest, and the rest of the principal officers, to
fixed appointments of 1,500l. a year each. It will not be difficult to calculate
the value of this fall of lives to the public, when we shall have obtained a
just account of the present income of those places; and we shall obtain that
account with great facility, if the present possessors are not alarmed with
any apprehension of danger to their freehold office.
I know, too, that it will be demanded of me, how it comes, that, since I
admit these offices to be no better than pensions, I chose, after the principle
of law had been satisfied, to retain them at all. To this, Sir, I answer, that,
conceiving it to be a fundamental part of the Constitution of this country,
and of the reason of state in every country, that there must be means of
rewarding public service, those means will be incomplete, and indeed
wholly insufficient for that purpose, if there should be no further reward for
that service than the daily wages it receives during the pleasure of the
crown.
Whoever seriously considers the excellent argument of Lord Somers, in
the Bankers' Case, will see he bottoms himself upon the very same maxim
which I do; and one of his principal grounds of doctrine for the alienability
of the domain in England,[41] contrary to the maxim of the law in France, he
lays in the constitutional policy of furnishing a permanent reward to public
service, of making that reward the origin of families, and the foundation of
wealth as well as of honors. It is, indeed, the only genuine, unadulterated
origin of nobility. It is a great principle in government, a principle at the
very foundation of the whole structure. The other judges who held the same
doctrine went beyond Lord Somers with regard to the remedy which they
thought was given by law against the crown upon the grant of pensions.
present lives and reversions shall successively fall. I mean, that the office of
the great auditor (the auditor of the receipt) shall be reduced to 3000l. a
year; and the auditors of the imprest, and the rest of the principal officers, to
fixed appointments of 1,500l. a year each. It will not be difficult to calculate
the value of this fall of lives to the public, when we shall have obtained a
just account of the present income of those places; and we shall obtain that
account with great facility, if the present possessors are not alarmed with
any apprehension of danger to their freehold office.
I know, too, that it will be demanded of me, how it comes, that, since I
admit these offices to be no better than pensions, I chose, after the principle
of law had been satisfied, to retain them at all. To this, Sir, I answer, that,
conceiving it to be a fundamental part of the Constitution of this country,
and of the reason of state in every country, that there must be means of
rewarding public service, those means will be incomplete, and indeed
wholly insufficient for that purpose, if there should be no further reward for
that service than the daily wages it receives during the pleasure of the
crown.
Whoever seriously considers the excellent argument of Lord Somers, in
the Bankers' Case, will see he bottoms himself upon the very same maxim
which I do; and one of his principal grounds of doctrine for the alienability
of the domain in England,[41] contrary to the maxim of the law in France, he
lays in the constitutional policy of furnishing a permanent reward to public
service, of making that reward the origin of families, and the foundation of
wealth as well as of honors. It is, indeed, the only genuine, unadulterated
origin of nobility. It is a great principle in government, a principle at the
very foundation of the whole structure. The other judges who held the same
doctrine went beyond Lord Somers with regard to the remedy which they
thought was given by law against the crown upon the grant of pensions.
Page 282
Indeed, no man knows, when he cuts off the incitements to a virtuous
ambition, and the just rewards of public service, what infinite mischief he
may do his country through all generations. Such saving to the public may
prove the worst mode of robbing it. The crown, which has in its hands the
trust of the daily pay for national service, ought to have in its hands also the
means for the repose of public labor and the fixed settlement of
acknowledged merit. There is a time when the weather-beaten, vessels of
the state ought to come into harbor. They must at length have a retreat from
the malice of rivals, from the perfidy of political friends, and the
inconstancy of the people. Many of the persons who in all times have filled
the great offices of state have been younger brothers, who had originally
little, if any fortune. These offices do not furnish the means of amassing
wealth. There ought to be some power in the crown of granting pensions out
of the reach of its own caprices. An entail of dependence is a bad reward of
merit.
I would therefore leave to the crown the possibility of conferring some
favors, which, whilst they are received as a reward, do not operate as
corruption. When men receive obligations from the crown, through the
pious hands of fathers, or of connections as venerable as the paternal, the
dependences which arise from thence are the obligations of gratitude, and
not the fetters of servility. Such ties originate in virtue, and they promote it.
They continue men in those habitudes of friendship, those political
connections, and those political principles, in which they began life. They
are antidotes against a corrupt levity, instead of causes of it. What an
unseemly spectacle would it afford, what a disgrace would it be to the
commonwealth that suffered such things, to see the hopeful son of a
meritorious minister begging his bread at the door of that Treasury from
whence his father dispensed the economy of an empire, and promoted the
happiness and glory of his country! Why should he be obliged to prostrate
his honor and to submit his principles at the levee of some proud favorite,
ambition, and the just rewards of public service, what infinite mischief he
may do his country through all generations. Such saving to the public may
prove the worst mode of robbing it. The crown, which has in its hands the
trust of the daily pay for national service, ought to have in its hands also the
means for the repose of public labor and the fixed settlement of
acknowledged merit. There is a time when the weather-beaten, vessels of
the state ought to come into harbor. They must at length have a retreat from
the malice of rivals, from the perfidy of political friends, and the
inconstancy of the people. Many of the persons who in all times have filled
the great offices of state have been younger brothers, who had originally
little, if any fortune. These offices do not furnish the means of amassing
wealth. There ought to be some power in the crown of granting pensions out
of the reach of its own caprices. An entail of dependence is a bad reward of
merit.
I would therefore leave to the crown the possibility of conferring some
favors, which, whilst they are received as a reward, do not operate as
corruption. When men receive obligations from the crown, through the
pious hands of fathers, or of connections as venerable as the paternal, the
dependences which arise from thence are the obligations of gratitude, and
not the fetters of servility. Such ties originate in virtue, and they promote it.
They continue men in those habitudes of friendship, those political
connections, and those political principles, in which they began life. They
are antidotes against a corrupt levity, instead of causes of it. What an
unseemly spectacle would it afford, what a disgrace would it be to the
commonwealth that suffered such things, to see the hopeful son of a
meritorious minister begging his bread at the door of that Treasury from
whence his father dispensed the economy of an empire, and promoted the
happiness and glory of his country! Why should he be obliged to prostrate
his honor and to submit his principles at the levee of some proud favorite,
Page 283
shouldered and thrust aside by every impudent pretender on the very spot
where a few days before he saw himself adored,—obliged to cringe to the
author of the calamities of his house, and to kiss the hands that are red with
his father's blood?—No, Sir, these things are unfit,—they are intolerable.
Sir, I shall be asked, why I do not choose to destroy those offices which
are pensions, and appoint pensions under the direct title in their stead. I
allow that in some cases it leads to abuse, to have things appointed for one
purpose and applied to another. I have no great objection to such a change;
but I do not think it quite prudent for me to propose it. If I should take away
the present establishment, the burden of proof rests upon me, that so many
pensions, and no more, and to such an amount each, and no more, are
necessary for the public service. This is what I can never prove; for it is a
thing incapable of definition. I do not like to take away an object that I
think answers my purpose, in hopes of getting it back again in a better
shape. People will bear an old establishment, when its excess is corrected,
who will revolt at a new one. I do not think these office-pensions to be more
in number than sufficient: but on that point the House will exercise its
discretion. As to abuse, I am convinced that very few trusts in the ordinary
course of administration have admitted less abuse than this. Efficient
ministers have been their own paymasters, it is true; but their very partiality
has operated as a kind of justice, and still it was service that was paid.
When we look over this Exchequer list, we find it filled with the
descendants of the Walpoles, of the Pelhams, of the Townshends,—names
to whom this country owes its liberties, and to whom his Majesty owes his
crown. It was in one of these lines that the immense and envied
employment he now holds came to a certain duke, [42] who is now probably
sitting quietly at a very good dinner directly under us, and acting high life
below stairs, whilst we, his masters, are filling our mouths with
unsubstantial sounds, and talking of hungry economy over his head. But he
is the elder branch of an ancient and decayed house, joined to and repaired
where a few days before he saw himself adored,—obliged to cringe to the
author of the calamities of his house, and to kiss the hands that are red with
his father's blood?—No, Sir, these things are unfit,—they are intolerable.
Sir, I shall be asked, why I do not choose to destroy those offices which
are pensions, and appoint pensions under the direct title in their stead. I
allow that in some cases it leads to abuse, to have things appointed for one
purpose and applied to another. I have no great objection to such a change;
but I do not think it quite prudent for me to propose it. If I should take away
the present establishment, the burden of proof rests upon me, that so many
pensions, and no more, and to such an amount each, and no more, are
necessary for the public service. This is what I can never prove; for it is a
thing incapable of definition. I do not like to take away an object that I
think answers my purpose, in hopes of getting it back again in a better
shape. People will bear an old establishment, when its excess is corrected,
who will revolt at a new one. I do not think these office-pensions to be more
in number than sufficient: but on that point the House will exercise its
discretion. As to abuse, I am convinced that very few trusts in the ordinary
course of administration have admitted less abuse than this. Efficient
ministers have been their own paymasters, it is true; but their very partiality
has operated as a kind of justice, and still it was service that was paid.
When we look over this Exchequer list, we find it filled with the
descendants of the Walpoles, of the Pelhams, of the Townshends,—names
to whom this country owes its liberties, and to whom his Majesty owes his
crown. It was in one of these lines that the immense and envied
employment he now holds came to a certain duke, [42] who is now probably
sitting quietly at a very good dinner directly under us, and acting high life
below stairs, whilst we, his masters, are filling our mouths with
unsubstantial sounds, and talking of hungry economy over his head. But he
is the elder branch of an ancient and decayed house, joined to and repaired
Page 284
by the reward of services done by another. I respect the original title, and
the first purchase of merited wealth and honor through all its descents,
through all its transfers, and all its assignments. May such fountains never
be dried up! May they ever flow with their original purity, and refresh and
fructify the commonwealth for ages!
Sir, I think myself bound to give you my reasons as clearly and as fully
for stopping in the course of reformation as for proceeding in it. My limits
are the rules of law, the rules of policy, and the service of the state. This is
the reason why I am not able to intermeddle with another article, which
seems to be a specific object in several of the petitions: I mean the
reduction of exorbitant emoluments to efficient offices. If I knew of any
real efficient office which did possess exorbitant emoluments, I should be
extremely desirous of reducing them. Others may know of them: I do not. I
am not possessed of an exact common measure between real service and its
reward. I am very sure that states do sometimes receive services which is
hardly in their power to reward according to their worth. If I were to give
my judgment with regard to this country, I do not think the great efficient
offices of the state to be overpaid. The service of the public is a thing which
cannot be put to auction and struck down to those who will agree to execute
it the cheapest. When the proportion between reward and service is our
object, we must always consider of what nature the service is, and what sort
of men they are that must perform it. What is just payment for one kind of
labor, and full encouragement for one kind of talents, is fraud and
discouragement to others. Many of the great offices have much duty to do,
and much expense of representation to maintain. A Secretary of State, for
instance, must not appear sordid in the eyes of the ministers of other
nations; neither ought our ministers abroad to appear contemptible in the
courts where they reside. In all offices of duty, there is almost necessarily a
great neglect of all domestic affairs. A person in high office can rarely take
the first purchase of merited wealth and honor through all its descents,
through all its transfers, and all its assignments. May such fountains never
be dried up! May they ever flow with their original purity, and refresh and
fructify the commonwealth for ages!
Sir, I think myself bound to give you my reasons as clearly and as fully
for stopping in the course of reformation as for proceeding in it. My limits
are the rules of law, the rules of policy, and the service of the state. This is
the reason why I am not able to intermeddle with another article, which
seems to be a specific object in several of the petitions: I mean the
reduction of exorbitant emoluments to efficient offices. If I knew of any
real efficient office which did possess exorbitant emoluments, I should be
extremely desirous of reducing them. Others may know of them: I do not. I
am not possessed of an exact common measure between real service and its
reward. I am very sure that states do sometimes receive services which is
hardly in their power to reward according to their worth. If I were to give
my judgment with regard to this country, I do not think the great efficient
offices of the state to be overpaid. The service of the public is a thing which
cannot be put to auction and struck down to those who will agree to execute
it the cheapest. When the proportion between reward and service is our
object, we must always consider of what nature the service is, and what sort
of men they are that must perform it. What is just payment for one kind of
labor, and full encouragement for one kind of talents, is fraud and
discouragement to others. Many of the great offices have much duty to do,
and much expense of representation to maintain. A Secretary of State, for
instance, must not appear sordid in the eyes of the ministers of other
nations; neither ought our ministers abroad to appear contemptible in the
courts where they reside. In all offices of duty, there is almost necessarily a
great neglect of all domestic affairs. A person in high office can rarely take
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a view of his family-house. If he sees that the state takes no detriment, the
state must see that his affairs should take as little.
I will even go so far as to affirm, that, if men were willing to serve in
such situations without salary, they ought not to be permitted to do it.
Ordinary service must be secured by the motives to ordinary integrity. I do
not hesitate to say that that state which lays its foundation in rare and heroic
virtues will be sure to have its superstructure in the basest profligacy and
corruption. An honorable and fair profit is the best security against avarice
and rapacity; as in all things else, a lawful and regulated enjoyment is the
best security against debauchery and excess. For as wealth is power, so all
power will infallibly draw wealth to itself by some means or other; and
when men are left no way of ascertaining their profits but by their means of
obtaining them, those means will be increased to infinity. This is true in all
the parts of administration, as well as in the whole. If any individual were to
decline his appointments, it might give an unfair advantage to ostentatious
ambition over unpretending service; it might breed invidious comparisons;
it might tend to destroy whatever little unity and agreement may be found
among ministers. And, after all, when an ambitious man had run down his
competitors by a fallacious show of disinterestedness, and fixed himself in
power by that means, what security is there that he would not change his
course, and claim as an indemnity ten times more than he has given up?
This rule, like every other, may admit its exceptions. When a great man
has some one great object in view to be achieved in a given time, it may be
absolutely necessary for him to walk out of all the common roads, and, if
his fortune permits it, to hold himself out as a splendid example. I am told
that something of this kind is now doing in a country near us. But this is for
a short race, the training for a heat or two, and not the proper preparation
for the regular stages of a methodical journey. I am speaking of
establishments, and not of men.
state must see that his affairs should take as little.
I will even go so far as to affirm, that, if men were willing to serve in
such situations without salary, they ought not to be permitted to do it.
Ordinary service must be secured by the motives to ordinary integrity. I do
not hesitate to say that that state which lays its foundation in rare and heroic
virtues will be sure to have its superstructure in the basest profligacy and
corruption. An honorable and fair profit is the best security against avarice
and rapacity; as in all things else, a lawful and regulated enjoyment is the
best security against debauchery and excess. For as wealth is power, so all
power will infallibly draw wealth to itself by some means or other; and
when men are left no way of ascertaining their profits but by their means of
obtaining them, those means will be increased to infinity. This is true in all
the parts of administration, as well as in the whole. If any individual were to
decline his appointments, it might give an unfair advantage to ostentatious
ambition over unpretending service; it might breed invidious comparisons;
it might tend to destroy whatever little unity and agreement may be found
among ministers. And, after all, when an ambitious man had run down his
competitors by a fallacious show of disinterestedness, and fixed himself in
power by that means, what security is there that he would not change his
course, and claim as an indemnity ten times more than he has given up?
This rule, like every other, may admit its exceptions. When a great man
has some one great object in view to be achieved in a given time, it may be
absolutely necessary for him to walk out of all the common roads, and, if
his fortune permits it, to hold himself out as a splendid example. I am told
that something of this kind is now doing in a country near us. But this is for
a short race, the training for a heat or two, and not the proper preparation
for the regular stages of a methodical journey. I am speaking of
establishments, and not of men.
Page 286
It may be expected, Sir, that, when I am giving my reasons why I limit
myself in the reduction of employments, or of their profits, I should say
something of those which seem of eminent inutility in the state: I mean the
number of officers who, by their places, are attendant on the person of the
king. Considering the commonwealth merely as such, and considering those
officers only as relative to the direct purposes of the state, I admit that they
are of no use at all. But there are many things in the constitution of
establishments, which appear of little value on the first view, which in a
secondary and oblique manner produce very material advantages. It was on
full consideration that I determined not to lessen any of the offices of honor
about the crown, in their number or their emoluments. These emoluments,
except in one or two cases, do not much more than answer the charge of
attendance. Men of condition naturally love to be about a court; and women
of condition love it much more. But there is in all regular attendance so
much of constraint, that, if it wore a mere charge, without any
compensation, you would soon have the court deserted by all the nobility of
the kingdom.
Sir, the most serious mischiefs would follow from such a desertion.
Kings are naturally lovers of low company. They are so elevated above all
the rest of mankind that they must look upon all their subjects as on a level.
They are rather apt to hate than to love their nobility, on account of the
occasional resistance to their will which will be made by their virtue, their
petulance, or their pride. It must, indeed, be admitted that many of the
nobility are as perfectly willing to act the part of flatterers, tale-bearers,
parasites, pimps, and buffoons, as any of the lowest and vilest of mankind
can possibly be. But they are not properly qualified for this object of their
ambition. The want of a regular education, and early habits, and some
lurking remains of their dignity, will never permit them to become a match
for an Italian eunuch, a mountebank, a fiddler, a player, or any regular
practitioner of that tribe. The Roman emperors, almost from the beginning,
myself in the reduction of employments, or of their profits, I should say
something of those which seem of eminent inutility in the state: I mean the
number of officers who, by their places, are attendant on the person of the
king. Considering the commonwealth merely as such, and considering those
officers only as relative to the direct purposes of the state, I admit that they
are of no use at all. But there are many things in the constitution of
establishments, which appear of little value on the first view, which in a
secondary and oblique manner produce very material advantages. It was on
full consideration that I determined not to lessen any of the offices of honor
about the crown, in their number or their emoluments. These emoluments,
except in one or two cases, do not much more than answer the charge of
attendance. Men of condition naturally love to be about a court; and women
of condition love it much more. But there is in all regular attendance so
much of constraint, that, if it wore a mere charge, without any
compensation, you would soon have the court deserted by all the nobility of
the kingdom.
Sir, the most serious mischiefs would follow from such a desertion.
Kings are naturally lovers of low company. They are so elevated above all
the rest of mankind that they must look upon all their subjects as on a level.
They are rather apt to hate than to love their nobility, on account of the
occasional resistance to their will which will be made by their virtue, their
petulance, or their pride. It must, indeed, be admitted that many of the
nobility are as perfectly willing to act the part of flatterers, tale-bearers,
parasites, pimps, and buffoons, as any of the lowest and vilest of mankind
can possibly be. But they are not properly qualified for this object of their
ambition. The want of a regular education, and early habits, and some
lurking remains of their dignity, will never permit them to become a match
for an Italian eunuch, a mountebank, a fiddler, a player, or any regular
practitioner of that tribe. The Roman emperors, almost from the beginning,
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threw themselves into such hands; and the mischief increased every day till
the decline and final ruin of the empire. It is therefore of very great
importance (provided the thing is not overdone) to contrive such an
establishment as must, almost whether a prince will or not, bring into daily
and hourly offices about his person a great number of his first nobility; and
it is rather an useful prejudice that gives them a pride in such a servitude.
Though they are not much the better for a court, a court will be much the
better for them. I have therefore not attempted to reform any of the offices
of honor about the king's person.
There are, indeed, two offices in his stables which are sinecures: by the
change of manners, and indeed by the nature of the thing, they must be so: I
mean the several keepers of buck-hounds, stag-hounds, foxhounds, and
harriers. They answer no purpose of utility or of splendor. These I propose
to abolish. It is not proper that great noblemen should be keepers of dogs,
though they were the king's dogs.
In every part of the scheme, I have endeavored that no primary, and that
even no secondary, service of the state should suffer by its frugality. I mean
to touch no offices but such as I am perfectly sure are either of no use at all,
or not of any use in the least assignable proportion to the burden with which
they load the revenues of the kingdom, and to the influence with which they
oppress the freedom of Parliamentary deliberation; for which reason there
are but two offices, which are properly state offices, that I have a desire to
reform.
The first of them is the new office of Third Secretary of State, which is
commonly called Secretary of State for the Colonies.
We know that all the correspondence of the colonies had been, until
within a few years, carried on by the Southern Secretary of State, and that
this department has not been shunned upon account of the weight of its
the decline and final ruin of the empire. It is therefore of very great
importance (provided the thing is not overdone) to contrive such an
establishment as must, almost whether a prince will or not, bring into daily
and hourly offices about his person a great number of his first nobility; and
it is rather an useful prejudice that gives them a pride in such a servitude.
Though they are not much the better for a court, a court will be much the
better for them. I have therefore not attempted to reform any of the offices
of honor about the king's person.
There are, indeed, two offices in his stables which are sinecures: by the
change of manners, and indeed by the nature of the thing, they must be so: I
mean the several keepers of buck-hounds, stag-hounds, foxhounds, and
harriers. They answer no purpose of utility or of splendor. These I propose
to abolish. It is not proper that great noblemen should be keepers of dogs,
though they were the king's dogs.
In every part of the scheme, I have endeavored that no primary, and that
even no secondary, service of the state should suffer by its frugality. I mean
to touch no offices but such as I am perfectly sure are either of no use at all,
or not of any use in the least assignable proportion to the burden with which
they load the revenues of the kingdom, and to the influence with which they
oppress the freedom of Parliamentary deliberation; for which reason there
are but two offices, which are properly state offices, that I have a desire to
reform.
The first of them is the new office of Third Secretary of State, which is
commonly called Secretary of State for the Colonies.
We know that all the correspondence of the colonies had been, until
within a few years, carried on by the Southern Secretary of State, and that
this department has not been shunned upon account of the weight of its
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duties, but, on the contrary, much sought on account of its patronage.
Indeed, he must be poorly acquainted with the history of office who does
not know how very lightly the American functions have always leaned on
the shoulders of the ministerial Atlas who has upheld that side of the sphere.
Undoubtedly, great temper and judgment was requisite in the management
of the colony politics; but the official detail was a trifle. Since the new
appointment, a train of unfortunate accidents has brought before us almost
the whole correspondence of this favorite secretary's office since the first
day of its establishment. I will say nothing of its auspicious foundation, of
the quality of its correspondence, or of the effects that have ensued from it.
I speak merely of its quantity, which we know would have been little or no
addition to the trouble of whatever office had its hands the fullest. But what
has been the real condition of the old office of Secretary of State? Have
their velvet bags and their red boxes been so full that nothing more could
possibly be crammed into them?
A correspondence of a curious nature has been lately published.[43] In
that correspondence, Sir, we find the opinion of a noble person who is
thought to be the grand manufacturer of administrations, and therefore the
best judge of the quality of his work. He was of opinion that there was but
one man of diligence and industry in the whole administration: it was the
late Earl of Suffolk. The noble lord lamented very justly, that this statesman,
of so much mental vigor, was almost wholly disabled from the exertion of it
by his bodily infirmities. Lord Suffolk, dead to the state long before he was
dead to Nature, at last paid his tribute to the common treasury to which we
must all be taxed. But so little want was found even of his intentional
industry, that the office, vacant in reality to its duties long before, continued
vacant even in nomination and appointment for a year after his death. The
whole of the laborious and arduous correspondence of this empire rested
solely upon the activity and energy of Lord Weymouth.
Indeed, he must be poorly acquainted with the history of office who does
not know how very lightly the American functions have always leaned on
the shoulders of the ministerial Atlas who has upheld that side of the sphere.
Undoubtedly, great temper and judgment was requisite in the management
of the colony politics; but the official detail was a trifle. Since the new
appointment, a train of unfortunate accidents has brought before us almost
the whole correspondence of this favorite secretary's office since the first
day of its establishment. I will say nothing of its auspicious foundation, of
the quality of its correspondence, or of the effects that have ensued from it.
I speak merely of its quantity, which we know would have been little or no
addition to the trouble of whatever office had its hands the fullest. But what
has been the real condition of the old office of Secretary of State? Have
their velvet bags and their red boxes been so full that nothing more could
possibly be crammed into them?
A correspondence of a curious nature has been lately published.[43] In
that correspondence, Sir, we find the opinion of a noble person who is
thought to be the grand manufacturer of administrations, and therefore the
best judge of the quality of his work. He was of opinion that there was but
one man of diligence and industry in the whole administration: it was the
late Earl of Suffolk. The noble lord lamented very justly, that this statesman,
of so much mental vigor, was almost wholly disabled from the exertion of it
by his bodily infirmities. Lord Suffolk, dead to the state long before he was
dead to Nature, at last paid his tribute to the common treasury to which we
must all be taxed. But so little want was found even of his intentional
industry, that the office, vacant in reality to its duties long before, continued
vacant even in nomination and appointment for a year after his death. The
whole of the laborious and arduous correspondence of this empire rested
solely upon the activity and energy of Lord Weymouth.
Page 289
It is therefore demonstrable, since one diligent man was fully equal to the
duties of the two offices, that two diligent men will be equal to the duty of
three. The business of the new office, which I shall propose to you to
suppress, is by no means too much to be returned to either of the secretaries
which remain. If this dust in the balance should be thought too heavy, it
may be divided between them both,—North America (whether free or
reduced) to the Northern Secretary, the West Indies to the Southern. It is not
necessary that I should say more upon the inutility of this office. It is
burning daylight. But before I have done, I shall just remark that the history
of this office is too recent to suffer us to forget that it was made for the mere
convenience of the arrangements of political intrigue, and not for the
service of the state,—that it was made in order to give a color to an
exorbitant increase of the civil list, and in the same act to bring a new
accession to the loaded compost-heap of corrupt influence.
There is, Sir, another office which was not long since closely connected
with this of the American Secretary, but has been lately separated from it
for the very same purpose for which it had been conjoined: I mean the sole
purpose of all the separations and all the conjunctions that have been lately
made,—a job. I speak, Sir, of the Board of Trade and Plantations. This
board is a sort of temperate bed of influence, a sort of gently ripening
hothouse, where eight members of Parliament receive salaries of a thousand
a year for a certain given time, in order to mature, at a proper season, a
claim to two thousand, granted for doing less, and on the credit of having
toiled so long in that inferior, laborious department.
I have known that board, off and on, for a great number of years. Both of
its pretended objects have been much the objects of my study, if I have a
right to call any pursuits of mine by so respectable a name. I can assure the
House, (and I hope they will not think that I risk my little credit lightly,)
that, without meaning to convey the least reflection upon any one of its
duties of the two offices, that two diligent men will be equal to the duty of
three. The business of the new office, which I shall propose to you to
suppress, is by no means too much to be returned to either of the secretaries
which remain. If this dust in the balance should be thought too heavy, it
may be divided between them both,—North America (whether free or
reduced) to the Northern Secretary, the West Indies to the Southern. It is not
necessary that I should say more upon the inutility of this office. It is
burning daylight. But before I have done, I shall just remark that the history
of this office is too recent to suffer us to forget that it was made for the mere
convenience of the arrangements of political intrigue, and not for the
service of the state,—that it was made in order to give a color to an
exorbitant increase of the civil list, and in the same act to bring a new
accession to the loaded compost-heap of corrupt influence.
There is, Sir, another office which was not long since closely connected
with this of the American Secretary, but has been lately separated from it
for the very same purpose for which it had been conjoined: I mean the sole
purpose of all the separations and all the conjunctions that have been lately
made,—a job. I speak, Sir, of the Board of Trade and Plantations. This
board is a sort of temperate bed of influence, a sort of gently ripening
hothouse, where eight members of Parliament receive salaries of a thousand
a year for a certain given time, in order to mature, at a proper season, a
claim to two thousand, granted for doing less, and on the credit of having
toiled so long in that inferior, laborious department.
I have known that board, off and on, for a great number of years. Both of
its pretended objects have been much the objects of my study, if I have a
right to call any pursuits of mine by so respectable a name. I can assure the
House, (and I hope they will not think that I risk my little credit lightly,)
that, without meaning to convey the least reflection upon any one of its
Page 290
members, past or present, it is a board which, if not mischievous, is of no
use at all.
You will be convinced, Sir, that I am not mistaken, if you reflect how
generally it is true, that commerce, the principal object of that office,
flourishes most when it is left to itself. Interest, the great guide of
commerce, is not a blind one. It is very well able to find its own way; and
its necessities are its best laws. But if it were possible, in the nature of
things, that the young should direct the old, and the inexperienced instruct
the knowing,—if a board in the state was the best tutor for the counting-
house,—if the desk ought to read lectures to the anvil, and the pen to usurp
the place of the shuttle,—yet in any matter of regulation we know that
board must act with as little authority as skill. The prerogative of the crown
is utterly inadequate to the object; because all regulations are, in their
nature, restrictive of some liberty. In the reign, indeed, of Charles the First,
the Council, or Committees of Council, were never a moment unoccupied
with affairs of trade. But even where they had no ill intention, (which was
sometimes the case,) trade and manufacture suffered infinitely from their
injudicious tampering. But since that period, whenever regulation is
wanting, (for I do not deny that sometimes it may be wanting,) Parliament
constantly sits; and Parliament alone is competent to such regulation. We
want no instruction from boards of trade, or from any other board; and God
forbid we should give the least attention to their reports! Parliamentary
inquiry is the only mode of obtaining Parliamentary information. There is
more real knowledge to be obtained by attending the detail of business in
the committees above stairs than ever did come, or ever will come, from
any board in this kingdom, or from all of them together. An assiduous
member of Parliament will not be the worse instructed there for not being
paid a thousand a year for learning his lesson. And now that I speak of the
committees above stairs, I must say, that, having till lately attended them a
good deal, I have observed that no description of members give so little
use at all.
You will be convinced, Sir, that I am not mistaken, if you reflect how
generally it is true, that commerce, the principal object of that office,
flourishes most when it is left to itself. Interest, the great guide of
commerce, is not a blind one. It is very well able to find its own way; and
its necessities are its best laws. But if it were possible, in the nature of
things, that the young should direct the old, and the inexperienced instruct
the knowing,—if a board in the state was the best tutor for the counting-
house,—if the desk ought to read lectures to the anvil, and the pen to usurp
the place of the shuttle,—yet in any matter of regulation we know that
board must act with as little authority as skill. The prerogative of the crown
is utterly inadequate to the object; because all regulations are, in their
nature, restrictive of some liberty. In the reign, indeed, of Charles the First,
the Council, or Committees of Council, were never a moment unoccupied
with affairs of trade. But even where they had no ill intention, (which was
sometimes the case,) trade and manufacture suffered infinitely from their
injudicious tampering. But since that period, whenever regulation is
wanting, (for I do not deny that sometimes it may be wanting,) Parliament
constantly sits; and Parliament alone is competent to such regulation. We
want no instruction from boards of trade, or from any other board; and God
forbid we should give the least attention to their reports! Parliamentary
inquiry is the only mode of obtaining Parliamentary information. There is
more real knowledge to be obtained by attending the detail of business in
the committees above stairs than ever did come, or ever will come, from
any board in this kingdom, or from all of them together. An assiduous
member of Parliament will not be the worse instructed there for not being
paid a thousand a year for learning his lesson. And now that I speak of the
committees above stairs, I must say, that, having till lately attended them a
good deal, I have observed that no description of members give so little
Page 291
attendance, either to communicate or to obtain instruction upon matters of
commerce, as the honorable members of the grave Board of Trade. I really
do not recollect that I have ever seen one of them in that sort of business.
Possibly some members may have better memories, and may call to mind
some job that may have accidentally brought one or other of them, at one
time or other, to attend a matter of commerce.
This board, Sir, has had both its original formation and its regeneration in
a job. In a job it was conceived, and in a job its mother brought it forth. It
made one among those showy and specious impositions which one of the
experiment-making administrations of Charles the Second held out to
delude the people, and to be substituted in the place of the real service
which they might expect from a Parliament annually sitting. It was
intended, also, to corrupt that body, whenever it should be permitted to sit.
It was projected in the year 1668, and it continued in a tottering and rickety
childhood for about three or four years: for it died in the year 1673, a babe
of as little hopes as ever swelled the bills of mortality in the article of
convulsed or overlaid children who have hardly stepped over the threshold
of life.
It was buried with little ceremony, and never more thought of until the
reign of King William, when, in the strange vicissitude of neglect and vigor,
of good and ill success that attended his wars, in the year 1695, the trade
was distressed beyond all example of former sufferings by the piracies of
the French cruisers. This suffering incensed, and, as it should seem, very
justly incensed, the House of Commons. In this ferment, they struck, not
only at the administration, but at the very constitution of the executive
government. They attempted to form in Parliament a board for the
protection of trade, which, as they planned it, was to draw to itself a great
part, if not the whole, of the functions and powers both of the Admiralty
and of the Treasury; and thus, by a Parliamentary delegation of office and
commerce, as the honorable members of the grave Board of Trade. I really
do not recollect that I have ever seen one of them in that sort of business.
Possibly some members may have better memories, and may call to mind
some job that may have accidentally brought one or other of them, at one
time or other, to attend a matter of commerce.
This board, Sir, has had both its original formation and its regeneration in
a job. In a job it was conceived, and in a job its mother brought it forth. It
made one among those showy and specious impositions which one of the
experiment-making administrations of Charles the Second held out to
delude the people, and to be substituted in the place of the real service
which they might expect from a Parliament annually sitting. It was
intended, also, to corrupt that body, whenever it should be permitted to sit.
It was projected in the year 1668, and it continued in a tottering and rickety
childhood for about three or four years: for it died in the year 1673, a babe
of as little hopes as ever swelled the bills of mortality in the article of
convulsed or overlaid children who have hardly stepped over the threshold
of life.
It was buried with little ceremony, and never more thought of until the
reign of King William, when, in the strange vicissitude of neglect and vigor,
of good and ill success that attended his wars, in the year 1695, the trade
was distressed beyond all example of former sufferings by the piracies of
the French cruisers. This suffering incensed, and, as it should seem, very
justly incensed, the House of Commons. In this ferment, they struck, not
only at the administration, but at the very constitution of the executive
government. They attempted to form in Parliament a board for the
protection of trade, which, as they planned it, was to draw to itself a great
part, if not the whole, of the functions and powers both of the Admiralty
and of the Treasury; and thus, by a Parliamentary delegation of office and
Page 292
officers, they threatened absolutely to separate these departments from the
whole system of the executive government, and of course to vest the most
leading and essential of its attributes in this board. As the executive
government was in a manner convicted of a dereliction of its functions, it
was with infinite difficulty that this blow was warded off in that session.
There was a threat to renew the same attempt in the next. To prevent the
effect of this manoeuvre, the court opposed another manoeuvre to it, and, in
the year 1696, called into life this Board of Trade, which had slept since
1673.
This, in a few words, is the history of the regeneration of the Board of
Trade. It has perfectly answered its purposes. It was intended to quiet the
minds of the people, and to compose the ferment that was then strongly
working in Parliament. The courtiers were too happy to be able to substitute
a board which they knew would be useless in the place of one that they
feared would be dangerous. Thus the Board of Trade was reproduced in a
job; and perhaps it is the only instance of a public body which has never
degenerated, but to this hour preserves all the health and vigor of its
primitive institution.
This Board of Trade and Plantations has not been of any use to the
colonies, as colonies: so little of use, that the flourishing settlements of New
England, of Virginia, and of Maryland, and all our wealthy colonies in the
West Indies, were of a date prior to the first board of Charles the Second.
Pennsylvania and Carolina were settled during its dark quarter, in the
interval between the extinction of the first and the formation of the second
board. Two colonies alone owe their origin to that board. Georgia, which,
till lately, has made a very slow progress,—and never did make any
progress at all, until it had wholly got rid of all the regulations which the
Board of Trade had moulded into its original constitution. That colony has
cost the nation very great sums of money; whereas the colonies which have
whole system of the executive government, and of course to vest the most
leading and essential of its attributes in this board. As the executive
government was in a manner convicted of a dereliction of its functions, it
was with infinite difficulty that this blow was warded off in that session.
There was a threat to renew the same attempt in the next. To prevent the
effect of this manoeuvre, the court opposed another manoeuvre to it, and, in
the year 1696, called into life this Board of Trade, which had slept since
1673.
This, in a few words, is the history of the regeneration of the Board of
Trade. It has perfectly answered its purposes. It was intended to quiet the
minds of the people, and to compose the ferment that was then strongly
working in Parliament. The courtiers were too happy to be able to substitute
a board which they knew would be useless in the place of one that they
feared would be dangerous. Thus the Board of Trade was reproduced in a
job; and perhaps it is the only instance of a public body which has never
degenerated, but to this hour preserves all the health and vigor of its
primitive institution.
This Board of Trade and Plantations has not been of any use to the
colonies, as colonies: so little of use, that the flourishing settlements of New
England, of Virginia, and of Maryland, and all our wealthy colonies in the
West Indies, were of a date prior to the first board of Charles the Second.
Pennsylvania and Carolina were settled during its dark quarter, in the
interval between the extinction of the first and the formation of the second
board. Two colonies alone owe their origin to that board. Georgia, which,
till lately, has made a very slow progress,—and never did make any
progress at all, until it had wholly got rid of all the regulations which the
Board of Trade had moulded into its original constitution. That colony has
cost the nation very great sums of money; whereas the colonies which have
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had the fortune of not being godfathered by the Board of Trade never cost
the nation a shilling, except what has been so properly spent in losing them.
But the colony of Georgia, weak as it was, carried with it to the last hour,
and carries, even in its present dead, pallid visage, the perfect resemblance
of its parents. It always had, and it now has, an establishment, paid by the
public of England, for the sake of the influence of the crown: that colony
having never been able or willing to take upon itself the expense of its
proper government or its own appropriated jobs.
The province of Nova Scotia was the youngest and the favorite child of
the Board. Good God! what sums the nursing of that ill-thriven, hard-
visaged, and ill-favored brat has cost to this wittol nation! Sir, this colony
has stood us in a sum of not less than seven hundred thousand pounds. To
this day it has made no repayment,—it does not even support those offices
of expense which are miscalled its government; the whole of that job still
lies upon the patient, callous shoulders of the people of England.
Sir, I am going to state a fact to you that will serve to set in full sunshine
the real value of formality and official superintendence. There was in the
province of Nova Scotia one little neglected corner, the country of the
neutral French; which, having the good-fortune to escape the fostering care
of both France and England, and to have been shut out from the protection
and regulation of councils of commerce and of boards of trade, did, in
silence, without notice, and without assistance, increase to a considerable
degree. But it seems our nation had more skill and ability in destroying than
in settling a colony. In the last war, we did, in my opinion, most inhumanly,
and upon pretences that in the eye of an honest man are not worth a
farthing, root out this poor, innocent, deserving people, whom our utter
inability to govern, or to reconcile, gave us no sort of right to extirpate.
Whatever the merits of that extirpation might have been, it was on the
footsteps of a neglected people, it was on the fund of unconstrained poverty,
the nation a shilling, except what has been so properly spent in losing them.
But the colony of Georgia, weak as it was, carried with it to the last hour,
and carries, even in its present dead, pallid visage, the perfect resemblance
of its parents. It always had, and it now has, an establishment, paid by the
public of England, for the sake of the influence of the crown: that colony
having never been able or willing to take upon itself the expense of its
proper government or its own appropriated jobs.
The province of Nova Scotia was the youngest and the favorite child of
the Board. Good God! what sums the nursing of that ill-thriven, hard-
visaged, and ill-favored brat has cost to this wittol nation! Sir, this colony
has stood us in a sum of not less than seven hundred thousand pounds. To
this day it has made no repayment,—it does not even support those offices
of expense which are miscalled its government; the whole of that job still
lies upon the patient, callous shoulders of the people of England.
Sir, I am going to state a fact to you that will serve to set in full sunshine
the real value of formality and official superintendence. There was in the
province of Nova Scotia one little neglected corner, the country of the
neutral French; which, having the good-fortune to escape the fostering care
of both France and England, and to have been shut out from the protection
and regulation of councils of commerce and of boards of trade, did, in
silence, without notice, and without assistance, increase to a considerable
degree. But it seems our nation had more skill and ability in destroying than
in settling a colony. In the last war, we did, in my opinion, most inhumanly,
and upon pretences that in the eye of an honest man are not worth a
farthing, root out this poor, innocent, deserving people, whom our utter
inability to govern, or to reconcile, gave us no sort of right to extirpate.
Whatever the merits of that extirpation might have been, it was on the
footsteps of a neglected people, it was on the fund of unconstrained poverty,
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it was on the acquisitions of unregulated industry, that anything which
deserves the name of a colony in that province has been formed. It has been
formed by overflowings from the exuberant population of New England,
and by emigration from other parts of Nova Scotia of fugitives from the
protection of the Board of Trade.
But if all of these things were not more than sufficient to prove to you the
inutility of that expensive establishment, I would desire you to recollect,
Sir, that those who may be very ready to defend it are very cautious how
they employ it,—cautious how they employ it even in appearance and
pretence. They are afraid they should lose the benefit of its influence in
Parliament, if they deemed to keep it up for any other purpose. If ever there
were commercial points of great weight, and most closely connected with
our dependencies, they are those which have been agitated and decided in
Parliament since I came into it. Which of the innumerable regulations since
made had their origin or their improvement in the Board of Trade? Did any
of the several East India bills which have been successively produced since
1767 originate there? Did any one dream of referring them, or any part of
them, thither? Was anybody so ridiculous as even to think of it? If ever
there was an occasion on which the Board was fit to be consulted, it was
with regard to the acts that were preludes to the American war, or attendant
on its commencement. Those acts were full of commercial regulations, such
as they were: the Intercourse Bill; the Prohibitory Bill; the Fishery Bill. If
the Board was not concerned in such things, in what particular was it
thought fit that it should be concerned? In the course of all these bills
through the House, I observed the members of that board to be remarkably
cautious of intermeddling. They understood decorum better; they know that
matters of trade and plantations are no business of theirs.
There were two very recent occasions, which, if the idea of any use for
the Board had not been extinguished by prescription, appeared loudly to
deserves the name of a colony in that province has been formed. It has been
formed by overflowings from the exuberant population of New England,
and by emigration from other parts of Nova Scotia of fugitives from the
protection of the Board of Trade.
But if all of these things were not more than sufficient to prove to you the
inutility of that expensive establishment, I would desire you to recollect,
Sir, that those who may be very ready to defend it are very cautious how
they employ it,—cautious how they employ it even in appearance and
pretence. They are afraid they should lose the benefit of its influence in
Parliament, if they deemed to keep it up for any other purpose. If ever there
were commercial points of great weight, and most closely connected with
our dependencies, they are those which have been agitated and decided in
Parliament since I came into it. Which of the innumerable regulations since
made had their origin or their improvement in the Board of Trade? Did any
of the several East India bills which have been successively produced since
1767 originate there? Did any one dream of referring them, or any part of
them, thither? Was anybody so ridiculous as even to think of it? If ever
there was an occasion on which the Board was fit to be consulted, it was
with regard to the acts that were preludes to the American war, or attendant
on its commencement. Those acts were full of commercial regulations, such
as they were: the Intercourse Bill; the Prohibitory Bill; the Fishery Bill. If
the Board was not concerned in such things, in what particular was it
thought fit that it should be concerned? In the course of all these bills
through the House, I observed the members of that board to be remarkably
cautious of intermeddling. They understood decorum better; they know that
matters of trade and plantations are no business of theirs.
There were two very recent occasions, which, if the idea of any use for
the Board had not been extinguished by prescription, appeared loudly to
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call for their interference.
When commissioners were sent to pay his Majesty's and our dutiful
respects to the Congress of the United States, a part of their powers under
the commission were, it seems, of a commercial nature. They were
authorized, in the most ample and undefined manner, to form a commercial
treaty with America on the spot. This was no trivial object. As the formation
of such a treaty would necessarily have been no less than the breaking up of
our whole commercial system, and the giving it an entire new form, one
would imagine that the Board of Trade would have sat day and night to
model propositions, which, on our side, might serve as a basis to that treaty.
No such thing. Their learned leisure was not in the least interrupted, though
one of the members of the Board was a commissioner, and might, in mere
compliment to his office, have been supposed to make a show of
deliberation on the subject. But he knew that his colleagues would have
thought he laughed in their faces, had he attempted to bring anything the
most distantly relating to commerce or colonies before them. A noble
person, engaged in the same commission, and sent to learn his commercial
rudiments in New York, (then under the operation of an act for the universal
prohibition of trade,) was soon after put at the head of that board. This
contempt from the present ministers of all the pretended functions of that
board, and their manner of breathing into its very soul, of inspiring it with
its animating and presiding principle, puts an end to all dispute concerning
their opinion of the clay it was made of. But I will give them heaped
measure.
It was but the other day, that the noble lord in the blue ribbon carried up
to the House of Peers two acts, altering, I think much for the better, but
altering in a great degree, our whole commercial system: those acts, I mean,
for giving a free trade to Ireland in woollens, and in all things else, with
independent nations, and giving them an equal trade to our own colonies.
When commissioners were sent to pay his Majesty's and our dutiful
respects to the Congress of the United States, a part of their powers under
the commission were, it seems, of a commercial nature. They were
authorized, in the most ample and undefined manner, to form a commercial
treaty with America on the spot. This was no trivial object. As the formation
of such a treaty would necessarily have been no less than the breaking up of
our whole commercial system, and the giving it an entire new form, one
would imagine that the Board of Trade would have sat day and night to
model propositions, which, on our side, might serve as a basis to that treaty.
No such thing. Their learned leisure was not in the least interrupted, though
one of the members of the Board was a commissioner, and might, in mere
compliment to his office, have been supposed to make a show of
deliberation on the subject. But he knew that his colleagues would have
thought he laughed in their faces, had he attempted to bring anything the
most distantly relating to commerce or colonies before them. A noble
person, engaged in the same commission, and sent to learn his commercial
rudiments in New York, (then under the operation of an act for the universal
prohibition of trade,) was soon after put at the head of that board. This
contempt from the present ministers of all the pretended functions of that
board, and their manner of breathing into its very soul, of inspiring it with
its animating and presiding principle, puts an end to all dispute concerning
their opinion of the clay it was made of. But I will give them heaped
measure.
It was but the other day, that the noble lord in the blue ribbon carried up
to the House of Peers two acts, altering, I think much for the better, but
altering in a great degree, our whole commercial system: those acts, I mean,
for giving a free trade to Ireland in woollens, and in all things else, with
independent nations, and giving them an equal trade to our own colonies.
Page 296
Here, too, the novelty of this great, but arduous and critical improvement of
system, would make you conceive that the anxious solicitude of the noble
lord in the blue ribbon would have wholly destroyed the plan of summer
recreation of that board, by references to examine, compare, and digest
matters for Parliament. You would imagine that Irish commissioners of
customs, and English commissioners of customs, and commissioners of
excise, that merchants and manufacturers of every denomination, had daily
crowded their outer rooms. Nil horum. The perpetual virtual adjournment,
and the unbroken sitting vacation of that board, was no more disturbed by
the Irish than by the plantation commerce, or any other commerce. The
same matter made a large part of the business which occupied the House for
two sessions before; and as our ministers were not then mellowed by the
mild, emollient, and engaging blandishments of our dear sister into all the
tenderness of unqualified surrender, the bounds and limits of a restrained
benefit naturally required much detailed management and positive
regulation. But neither the qualified propositions which were received, nor
those other qualified propositions which were rejected by ministers, were
the least concern of theirs, or were they ever thought of in the business.
It is therefore, Sir, on the opinion of Parliament, on the opinion of the
ministers, and even on their own opinion of their inutility, that I shall
propose to you to suppress the Board of Trade and Plantations, and to
recommit all its business to the Council, from whence it was very
improvidently taken; and which business (whatever it might be) was much
better done, and without any expense; and, indeed, where in effect it may all
come at last. Almost all that deserves the name of business there is the
reference of the plantation acts to the opinion of gentlemen of the law. But
all this may be done, as the Irish business of the same nature has always
been done, by the Council, and with a reference to the Attorney and
Solicitor General.
system, would make you conceive that the anxious solicitude of the noble
lord in the blue ribbon would have wholly destroyed the plan of summer
recreation of that board, by references to examine, compare, and digest
matters for Parliament. You would imagine that Irish commissioners of
customs, and English commissioners of customs, and commissioners of
excise, that merchants and manufacturers of every denomination, had daily
crowded their outer rooms. Nil horum. The perpetual virtual adjournment,
and the unbroken sitting vacation of that board, was no more disturbed by
the Irish than by the plantation commerce, or any other commerce. The
same matter made a large part of the business which occupied the House for
two sessions before; and as our ministers were not then mellowed by the
mild, emollient, and engaging blandishments of our dear sister into all the
tenderness of unqualified surrender, the bounds and limits of a restrained
benefit naturally required much detailed management and positive
regulation. But neither the qualified propositions which were received, nor
those other qualified propositions which were rejected by ministers, were
the least concern of theirs, or were they ever thought of in the business.
It is therefore, Sir, on the opinion of Parliament, on the opinion of the
ministers, and even on their own opinion of their inutility, that I shall
propose to you to suppress the Board of Trade and Plantations, and to
recommit all its business to the Council, from whence it was very
improvidently taken; and which business (whatever it might be) was much
better done, and without any expense; and, indeed, where in effect it may all
come at last. Almost all that deserves the name of business there is the
reference of the plantation acts to the opinion of gentlemen of the law. But
all this may be done, as the Irish business of the same nature has always
been done, by the Council, and with a reference to the Attorney and
Solicitor General.
Page 297
There are some regulations in the household, relative to the officers of
the yeomen of the guards, and the officers and band of gentlemen
pensioners, which I shall likewise submit to your consideration, for the
purpose of regulating establishments which at present are much abused.
I have now finished all that for the present I shall trouble you with on the
plan of reduction. I mean next to propose to you the plan of arrangement,
by which I mean to appropriate and fix the civil list money to its several
services according to their nature: for I am thoroughly sensible, that, if a
discretion wholly arbitrary can be exercised over the civil list revenue,
although the most effectual methods may be taken to prevent the inferior
departments from exceeding their bounds, the plan of reformation will still
be left very imperfect. It will not, in my opinion, be safe to permit an
entirely arbitrary discretion even in the First Lord of the Treasury himself; it
will not be safe to leave with him a power of diverting the public money
from its proper objects, of paying it in an irregular course, or of inverting
perhaps the order of time, dictated by the proportion of value, which ought
to regulate his application of payment to service.
I am sensible, too, that the very operation of a plan of economy which
tends to exonerate the civil list of expensive establishments may in some
sort defeat the capital end we have in view,—the independence of
Parliament; and that, in removing the public and ostensible means of
influence, we may increase the fund of private corruption. I have thought of
some methods to prevent an abuse of surplus cash under discretionary
application,—I mean the heads of secret service, special service, various
payments, and the like,—which I hope will answer, and which in due time I
shall lay before you. Where I am unable to limit the quantity of the sums to
be applied, by reason of the uncertain quantity of the service, I endeavor to
confine it to its line, to secure an indefinite application to the definite
the yeomen of the guards, and the officers and band of gentlemen
pensioners, which I shall likewise submit to your consideration, for the
purpose of regulating establishments which at present are much abused.
I have now finished all that for the present I shall trouble you with on the
plan of reduction. I mean next to propose to you the plan of arrangement,
by which I mean to appropriate and fix the civil list money to its several
services according to their nature: for I am thoroughly sensible, that, if a
discretion wholly arbitrary can be exercised over the civil list revenue,
although the most effectual methods may be taken to prevent the inferior
departments from exceeding their bounds, the plan of reformation will still
be left very imperfect. It will not, in my opinion, be safe to permit an
entirely arbitrary discretion even in the First Lord of the Treasury himself; it
will not be safe to leave with him a power of diverting the public money
from its proper objects, of paying it in an irregular course, or of inverting
perhaps the order of time, dictated by the proportion of value, which ought
to regulate his application of payment to service.
I am sensible, too, that the very operation of a plan of economy which
tends to exonerate the civil list of expensive establishments may in some
sort defeat the capital end we have in view,—the independence of
Parliament; and that, in removing the public and ostensible means of
influence, we may increase the fund of private corruption. I have thought of
some methods to prevent an abuse of surplus cash under discretionary
application,—I mean the heads of secret service, special service, various
payments, and the like,—which I hope will answer, and which in due time I
shall lay before you. Where I am unable to limit the quantity of the sums to
be applied, by reason of the uncertain quantity of the service, I endeavor to
confine it to its line, to secure an indefinite application to the definite
Page 298
service to which it belongs,—not to stop the progress of expense in its line,
but to confine it to that line in which it professes to move.
But that part of my plan, Sir, upon which I principally rest, that on which
I rely for the purpose of binding up and securing the whole, is to establish a
fixed and invariable order in all its payments, which it shall not be
permitted to the First Lord of the Treasury, upon any pretence whatsoever,
to depart from. I therefore divide the civil list payments into nine classes,
putting each class forward according to the importance or justice of the
demand, and to the inability of the persons entitled to enforce their
pretensions: that is, to put those first who have the most efficient offices, or
claim the justest debts, and at the same time, from the character of that
description of men, from the retiredness or the remoteness of their situation,
or from their want of weight and power to enforce their pretensions, or from
their being entirely subject to the power of a minister, without any
reciprocal power of awing, ought to be the most considered, and are the
most likely to be neglected,—all these I place in the highest classes; I place
in the lowest those whose functions are of the least importance, but whose
persons or rank are often of the greatest power and influence.
In the first class I place the judges, as of the first importance. It is the
public justice that holds the community together; the ease, therefore, and
independence of the judges ought to supersede all other considerations, and
they ought to be the very last to feel the necessities of the state, or to be
obliged either to court or bully a minister for their right; they ought to be as
weak solicitors on their own demands as strenuous assertors of the rights
and liberties of others. The judges are, or ought to be, of a reserved and
retired character, and wholly unconnected with the political world.
In the second class I place the foreign ministers. The judges are the links
of our connections with one another; the foreign ministers are the links of
but to confine it to that line in which it professes to move.
But that part of my plan, Sir, upon which I principally rest, that on which
I rely for the purpose of binding up and securing the whole, is to establish a
fixed and invariable order in all its payments, which it shall not be
permitted to the First Lord of the Treasury, upon any pretence whatsoever,
to depart from. I therefore divide the civil list payments into nine classes,
putting each class forward according to the importance or justice of the
demand, and to the inability of the persons entitled to enforce their
pretensions: that is, to put those first who have the most efficient offices, or
claim the justest debts, and at the same time, from the character of that
description of men, from the retiredness or the remoteness of their situation,
or from their want of weight and power to enforce their pretensions, or from
their being entirely subject to the power of a minister, without any
reciprocal power of awing, ought to be the most considered, and are the
most likely to be neglected,—all these I place in the highest classes; I place
in the lowest those whose functions are of the least importance, but whose
persons or rank are often of the greatest power and influence.
In the first class I place the judges, as of the first importance. It is the
public justice that holds the community together; the ease, therefore, and
independence of the judges ought to supersede all other considerations, and
they ought to be the very last to feel the necessities of the state, or to be
obliged either to court or bully a minister for their right; they ought to be as
weak solicitors on their own demands as strenuous assertors of the rights
and liberties of others. The judges are, or ought to be, of a reserved and
retired character, and wholly unconnected with the political world.
In the second class I place the foreign ministers. The judges are the links
of our connections with one another; the foreign ministers are the links of
Page 299
our connection with other nations. They are not upon the spot to demand
payment, and are therefore the most likely to be, as in fact they have
sometimes been, entirely neglected, to the great disgrace and perhaps the
great detriment of the nation.
In the third class I would bring all the tradesmen who supply the crown
by contract or otherwise.
In the fourth class I place all the domestic servants of the king, and all
persons in efficient offices whose salaries do not exceed two hundred
pounds a year.
In the fifth, upon account of honor, which ought to give place to nothing
but charity and rigid justice, I would place the pensions and allowances of
his Majesty's royal family, comprehending of course the queen, together
with the stated allowance of the privy purse.
In the sixth class I place those efficient offices of duty whose salaries
may exceed the sum of two hundred pounds a year.
In the seventh class, that mixed mass, the whole pension list.
In the eighth, the offices of honor about the king.
In the ninth, and the last of all, the salaries and pensions of the First Lord
of the Treasury himself, the Chancellor of the Exchequer, and the other
Commissioners of the Treasury.
If, by any possible mismanagement of that part of the revenue which is
left at discretion, or by any other mode of prodigality, cash should be
deficient for the payment of the lowest classes, I propose that the amount of
those salaries where the deficiency may happen to fall shall not be carried
as debt to the account of the succeeding year, but that it shall be entirely
payment, and are therefore the most likely to be, as in fact they have
sometimes been, entirely neglected, to the great disgrace and perhaps the
great detriment of the nation.
In the third class I would bring all the tradesmen who supply the crown
by contract or otherwise.
In the fourth class I place all the domestic servants of the king, and all
persons in efficient offices whose salaries do not exceed two hundred
pounds a year.
In the fifth, upon account of honor, which ought to give place to nothing
but charity and rigid justice, I would place the pensions and allowances of
his Majesty's royal family, comprehending of course the queen, together
with the stated allowance of the privy purse.
In the sixth class I place those efficient offices of duty whose salaries
may exceed the sum of two hundred pounds a year.
In the seventh class, that mixed mass, the whole pension list.
In the eighth, the offices of honor about the king.
In the ninth, and the last of all, the salaries and pensions of the First Lord
of the Treasury himself, the Chancellor of the Exchequer, and the other
Commissioners of the Treasury.
If, by any possible mismanagement of that part of the revenue which is
left at discretion, or by any other mode of prodigality, cash should be
deficient for the payment of the lowest classes, I propose that the amount of
those salaries where the deficiency may happen to fall shall not be carried
as debt to the account of the succeeding year, but that it shall be entirely
Page 300
lapsed, sunk, and lost; so that government will be enabled to start in the
race of every new year wholly unloaded, fresh in wind and in vigor.
Hereafter no civil list debt can ever come upon the public. And those who
do not consider this as saving, because it is not a certain sum, do not ground
their calculations of the future on their experience of the past.
I know of no mode of preserving the effectual execution of any duty, but
to make it the direct interest of the executive officer that it shall be
faithfully performed. Assuming, then, that the present vast allowance to the
civil list is perfectly adequate to all its purposes, if there should be any
failure, it must be from the mismanagement or neglect of the First
Commissioner of the Treasury; since, upon the proposed plan, there can be
no expense of any consequence which he is not himself previously to
authorize and finally to control. It is therefore just, as well as politic, that
the loss should attach upon the delinquency.
If the failure from the delinquency should be very considerable, it will
fall on the class directly above the First Lord of the Treasury, as well as
upon himself and his board. It will fall, as it ought to fall, upon offices of no
primary importance in the state; but then it will fall upon persons whom it
will be a matter of no slight importance for a minister to provoke: it will fall
upon persons of the first rank and consequence in the kingdom,—upon
those who are nearest to the king, and frequently have a more interior credit
with him than the minister himself. It will fall upon masters of the horse,
upon lord chamberlains, upon lord stewards, upon grooms of the stole, and
lords of the bedchamber. The household troops form an army, who will be
ready to mutiny for want of pay, and whose mutiny will be really dreadful
to a commander-in-chief. A rebellion of the thirteen lords of the
bedchamber would be far more terrible to a minister, and would probably
affect his power more to the quick, than a revolt of thirteen colonies. What
an uproar such an event would create at court! What petitions, and
race of every new year wholly unloaded, fresh in wind and in vigor.
Hereafter no civil list debt can ever come upon the public. And those who
do not consider this as saving, because it is not a certain sum, do not ground
their calculations of the future on their experience of the past.
I know of no mode of preserving the effectual execution of any duty, but
to make it the direct interest of the executive officer that it shall be
faithfully performed. Assuming, then, that the present vast allowance to the
civil list is perfectly adequate to all its purposes, if there should be any
failure, it must be from the mismanagement or neglect of the First
Commissioner of the Treasury; since, upon the proposed plan, there can be
no expense of any consequence which he is not himself previously to
authorize and finally to control. It is therefore just, as well as politic, that
the loss should attach upon the delinquency.
If the failure from the delinquency should be very considerable, it will
fall on the class directly above the First Lord of the Treasury, as well as
upon himself and his board. It will fall, as it ought to fall, upon offices of no
primary importance in the state; but then it will fall upon persons whom it
will be a matter of no slight importance for a minister to provoke: it will fall
upon persons of the first rank and consequence in the kingdom,—upon
those who are nearest to the king, and frequently have a more interior credit
with him than the minister himself. It will fall upon masters of the horse,
upon lord chamberlains, upon lord stewards, upon grooms of the stole, and
lords of the bedchamber. The household troops form an army, who will be
ready to mutiny for want of pay, and whose mutiny will be really dreadful
to a commander-in-chief. A rebellion of the thirteen lords of the
bedchamber would be far more terrible to a minister, and would probably
affect his power more to the quick, than a revolt of thirteen colonies. What
an uproar such an event would create at court! What petitions, and
Page 301
committees, and associations, would it not produce! Bless me! what a
clattering of white sticks and yellow sticks would be about his head! what a
storm of gold keys would fly about the ears of the minister! what a shower
of Georges, and thistles, and medals, and collars of S.S. would assail him at
his first entrance into the antechamber, after an insolvent Christmas quarter!
—a tumult which could not be appeased by all the harmony of the new
year's ode. Rebellion it is certain there would be; and rebellion may not
now, indeed, be so critical an event to those who engage in it, since its price
is so correctly ascertained at just a thousand pound.
Sir, this classing, in my opinion, is a serious and solid security for the
performance of a minister's duty. Lord Coke says, that the staff was put into
the Treasurer's hand to enable him to support himself when there was no
money in the Exchequer, and to beat away importunate solicitors. The
method which I propose would hinder him from the necessity of such a
broken staff to lean on, or such a miserable weapon for repulsing the
demands of worthless suitors, who, the noble lord in the blue ribbon knows,
will bear many hard blows on the head, and many other indignities, before
they are driven from the Treasury. In this plan, he is furnished with an
answer to all their importunity,—an answer far more conclusive than if he
had knocked them down with his staff:—"Sir, (or my Lord,) you are calling
for my own salary,—Sir, you are calling for the appointments of my
colleagues who sit about me in office,—Sir, you are going to excite a
mutiny at court against me,—you are going to estrange his Majesty's
confidence from me, through the chamberlain, or the master of the horse, or
the groom of the stole."
As things now stand, every man, in proportion to his consequence at
court, tends to add to the expenses of the civil list, by all manner of jobs, if
not for himself, yet for his dependants. When the new plan is established,
those who are now suitors for jobs will become the most strenuous opposers
clattering of white sticks and yellow sticks would be about his head! what a
storm of gold keys would fly about the ears of the minister! what a shower
of Georges, and thistles, and medals, and collars of S.S. would assail him at
his first entrance into the antechamber, after an insolvent Christmas quarter!
—a tumult which could not be appeased by all the harmony of the new
year's ode. Rebellion it is certain there would be; and rebellion may not
now, indeed, be so critical an event to those who engage in it, since its price
is so correctly ascertained at just a thousand pound.
Sir, this classing, in my opinion, is a serious and solid security for the
performance of a minister's duty. Lord Coke says, that the staff was put into
the Treasurer's hand to enable him to support himself when there was no
money in the Exchequer, and to beat away importunate solicitors. The
method which I propose would hinder him from the necessity of such a
broken staff to lean on, or such a miserable weapon for repulsing the
demands of worthless suitors, who, the noble lord in the blue ribbon knows,
will bear many hard blows on the head, and many other indignities, before
they are driven from the Treasury. In this plan, he is furnished with an
answer to all their importunity,—an answer far more conclusive than if he
had knocked them down with his staff:—"Sir, (or my Lord,) you are calling
for my own salary,—Sir, you are calling for the appointments of my
colleagues who sit about me in office,—Sir, you are going to excite a
mutiny at court against me,—you are going to estrange his Majesty's
confidence from me, through the chamberlain, or the master of the horse, or
the groom of the stole."
As things now stand, every man, in proportion to his consequence at
court, tends to add to the expenses of the civil list, by all manner of jobs, if
not for himself, yet for his dependants. When the new plan is established,
those who are now suitors for jobs will become the most strenuous opposers
Page 302
of them. They will have a common interest with the minister in public
economy. Every class, as it stands low, will become security for the
payment of the preceding class; and thus the persons whose insignificant
services defraud those that are useful would then become interested in their
payment. Then the powerful, instead of oppressing, would be obliged to
support the weak; and idleness would become concerned in the reward of
industry. The whole fabric of the civil economy would become compact and
connected in all its parts; it would be formed into a well-organized body,
where every member contributes to the support of the whole, and where
even the lazy stomach secures the vigor of the active arm.
This plan, I really flatter myself, is laid, not in official formality, nor in
airy speculation, but in real life, and in human nature, in what "comes
home" (as Bacon says) "to the business and bosoms of men." You have
now, Sir, before you, the whole of my scheme, as far as I have digested it
into a form that might be in any respect worthy of your consideration. I
intend to lay it before you in five bills.[44] The plan consists, indeed, of
many parts; but they stand upon a few plain principles. It is a plan which
takes nothing from the civil list without discharging it of a burden equal to
the sum carried to the public service. It weakens no one function necessary
to government; but, on the contrary, by appropriating supply to service, it
gives it greater vigor. It provides the means of order and foresight to a
minister of finance, which may always keep all the objects of his office, and
their state, condition, and relations, distinctly before him. It brings forward
accounts without hurrying and distressing the accountants: whilst it
provides for public convenience, it regards private rights. It extinguishes
secret corruption almost to the possibility of its existence. It destroys direct
and visible influence equal to the offices of at least fifty members of
Parliament. Lastly, it prevents the provision for his Majesty's children from
being diverted to the political purposes of his minister.
economy. Every class, as it stands low, will become security for the
payment of the preceding class; and thus the persons whose insignificant
services defraud those that are useful would then become interested in their
payment. Then the powerful, instead of oppressing, would be obliged to
support the weak; and idleness would become concerned in the reward of
industry. The whole fabric of the civil economy would become compact and
connected in all its parts; it would be formed into a well-organized body,
where every member contributes to the support of the whole, and where
even the lazy stomach secures the vigor of the active arm.
This plan, I really flatter myself, is laid, not in official formality, nor in
airy speculation, but in real life, and in human nature, in what "comes
home" (as Bacon says) "to the business and bosoms of men." You have
now, Sir, before you, the whole of my scheme, as far as I have digested it
into a form that might be in any respect worthy of your consideration. I
intend to lay it before you in five bills.[44] The plan consists, indeed, of
many parts; but they stand upon a few plain principles. It is a plan which
takes nothing from the civil list without discharging it of a burden equal to
the sum carried to the public service. It weakens no one function necessary
to government; but, on the contrary, by appropriating supply to service, it
gives it greater vigor. It provides the means of order and foresight to a
minister of finance, which may always keep all the objects of his office, and
their state, condition, and relations, distinctly before him. It brings forward
accounts without hurrying and distressing the accountants: whilst it
provides for public convenience, it regards private rights. It extinguishes
secret corruption almost to the possibility of its existence. It destroys direct
and visible influence equal to the offices of at least fifty members of
Parliament. Lastly, it prevents the provision for his Majesty's children from
being diverted to the political purposes of his minister.
Page 303
These are the points on which I rely for the merit of the plan. I pursue
economy in a secondary view, and only as it is connected with these great
objects. I am persuaded, that even for supply this scheme will be far from
unfruitful, if it be executed to the extent I propose it. I think it will give to
the public, at its periods, two or three hundred thousand pounds a year; if
not, it will give them a system of economy, which is itself a great revenue.
It gives me no little pride and satisfaction to find that the principles of my
proceedings are in many respects the very same with those which are now
pursued in the plans of the French minister of finance. I am sure that I lay
before you a scheme easy and practicable in all its parts. I know it is
common at once to applaud and to reject all attempts of this nature. I know
it is common for men to say, that such and such things are perfectly right,
very desirable,—but that, unfortunately, they are not practicable. Oh, no,
Sir! no! Those things-which are not practicable are not desirable. There is
nothing in the world really beneficial that does not lie within the reach of an
informed understanding and a well-directed pursuit. There is nothing that
God has judged good for us that He has not given us the means to
accomplish, both in the natural and the moral world. If we cry, like children,
for the moon, like children we must cry on.
We must follow the nature of our affairs, and conform ourselves to our
situation. If we do, our objects are plain and compassable. Why should we
resolve to do nothing, because what I propose to you may not be the exact
demand of the petition, when we are far from resolved to comply even with
what evidently is so? Does this sort of chicanery become us? The people are
the masters. They have only to express their wants at large and in gross. We
are the expert artists, we are the skilful workmen, to shape their desires into
perfect form, and to fit the utensil to the use. They are the sufferers, they tell
the symptoms of the complaint; but we know the exact seat of the disease,
and how to apply the remedy according to the rules of art. How shocking
would it be to see us pervert our skill into a sinister and servile dexterity, for
economy in a secondary view, and only as it is connected with these great
objects. I am persuaded, that even for supply this scheme will be far from
unfruitful, if it be executed to the extent I propose it. I think it will give to
the public, at its periods, two or three hundred thousand pounds a year; if
not, it will give them a system of economy, which is itself a great revenue.
It gives me no little pride and satisfaction to find that the principles of my
proceedings are in many respects the very same with those which are now
pursued in the plans of the French minister of finance. I am sure that I lay
before you a scheme easy and practicable in all its parts. I know it is
common at once to applaud and to reject all attempts of this nature. I know
it is common for men to say, that such and such things are perfectly right,
very desirable,—but that, unfortunately, they are not practicable. Oh, no,
Sir! no! Those things-which are not practicable are not desirable. There is
nothing in the world really beneficial that does not lie within the reach of an
informed understanding and a well-directed pursuit. There is nothing that
God has judged good for us that He has not given us the means to
accomplish, both in the natural and the moral world. If we cry, like children,
for the moon, like children we must cry on.
We must follow the nature of our affairs, and conform ourselves to our
situation. If we do, our objects are plain and compassable. Why should we
resolve to do nothing, because what I propose to you may not be the exact
demand of the petition, when we are far from resolved to comply even with
what evidently is so? Does this sort of chicanery become us? The people are
the masters. They have only to express their wants at large and in gross. We
are the expert artists, we are the skilful workmen, to shape their desires into
perfect form, and to fit the utensil to the use. They are the sufferers, they tell
the symptoms of the complaint; but we know the exact seat of the disease,
and how to apply the remedy according to the rules of art. How shocking
would it be to see us pervert our skill into a sinister and servile dexterity, for
Page 304
the purpose of evading our duty, and defrauding our employers, who are our
natural lords, of the object of their just expectations! I think the whole not
only practicable, but practicable in a very short time. If we are in earnest
about it, and if we exert that industry and those talents in forwarding the
work, which, I am afraid, may be exerted in impeding it, I engage that the
whole may be put in complete execution within a year. For my own part, I
have very little to recommend me for this or for any task, but a kind of
earnest and anxious perseverance of mind, which, with all its good and all
its evil effects, is moulded into my constitution. I faithfully engage to the
House, if they choose to appoint me to any part in the execution of this
work, (which, when they have made it theirs by the improvements of their
wisdom, will be worthy of the able assistance they may give me,) that by
night and by day, in town or in country, at the desk or in the forest, I will,
without regard to convenience, ease, or pleasure, devote myself to their
service, not expecting or admitting any reward whatsoever. I owe to this
country my labor, which is my all; and I owe to it ten times more industry,
if ten times more I could exert. After all, I shall be an unprofitable servant.
At the same time, if I am able, and if I shall be permitted, I will lend an
humble helping hand to any other good work which is going on. I have not,
Sir, the frantic presumption to suppose that this plan contains in it the whole
of what the public has a right to expect in the great work of reformation
they call for. Indeed, it falls infinitely short of it. It falls short even of my
own ideas. I have some thoughts, not yet fully ripened, relative to a reform
in the customs and excise, as well as in some other branches of financial
administration. There are other things, too, which form essential parts in a
great plan for the purpose of restoring the independence of Parliament. The
contractors' bill of last year it is fit to revive; and I rejoice that it is in better
hands than mine. The bill for suspending the votes of custom-house
officers, brought into Parliament several years ago by one of our worthiest
and wisest members,[45]—would to God we could along with the plan
natural lords, of the object of their just expectations! I think the whole not
only practicable, but practicable in a very short time. If we are in earnest
about it, and if we exert that industry and those talents in forwarding the
work, which, I am afraid, may be exerted in impeding it, I engage that the
whole may be put in complete execution within a year. For my own part, I
have very little to recommend me for this or for any task, but a kind of
earnest and anxious perseverance of mind, which, with all its good and all
its evil effects, is moulded into my constitution. I faithfully engage to the
House, if they choose to appoint me to any part in the execution of this
work, (which, when they have made it theirs by the improvements of their
wisdom, will be worthy of the able assistance they may give me,) that by
night and by day, in town or in country, at the desk or in the forest, I will,
without regard to convenience, ease, or pleasure, devote myself to their
service, not expecting or admitting any reward whatsoever. I owe to this
country my labor, which is my all; and I owe to it ten times more industry,
if ten times more I could exert. After all, I shall be an unprofitable servant.
At the same time, if I am able, and if I shall be permitted, I will lend an
humble helping hand to any other good work which is going on. I have not,
Sir, the frantic presumption to suppose that this plan contains in it the whole
of what the public has a right to expect in the great work of reformation
they call for. Indeed, it falls infinitely short of it. It falls short even of my
own ideas. I have some thoughts, not yet fully ripened, relative to a reform
in the customs and excise, as well as in some other branches of financial
administration. There are other things, too, which form essential parts in a
great plan for the purpose of restoring the independence of Parliament. The
contractors' bill of last year it is fit to revive; and I rejoice that it is in better
hands than mine. The bill for suspending the votes of custom-house
officers, brought into Parliament several years ago by one of our worthiest
and wisest members,[45]—would to God we could along with the plan
Page 305
revive the person who designed it! but a man of very real integrity, honor,
and ability will be found to take his place, and to carry his idea into full
execution. You all see how necessary it is to review our military expenses
for some years past, and, if possible, to bind up and close that bleeding
artery of profusion; but that business also, I have reason to hope, will be
undertaken by abilities that are fully adequate to it. Something must be
devised (if possible) to check the ruinous expense of elections.
Sir, all or most of these things must be done. Every one must take his
part. If we should be able, by dexterity, or power, or intrigue, to disappoint
the expectations of our constituents, what will it avail us? We shall never be
strong or artful enough to parry, or to put by, the irresistible demands of our
situation. That situation calls upon us, and upon our constituents too, with a
voice which will be heard. I am sure no man is more zealously attached than
I am to the privileges of this House, particularly in regard to the exclusive
management of money. The Lords have no right to the disposition, in any
sense, of the public purse; but they have gone further in self-denial [46] than
our utmost jealousy could have required. A power of examining accounts, to
censure, correct, and punish, we never, that I know of, have thought of
denying to the House of Lords. It is something more than a century since
we voted that body useless: they have now voted themselves so. The whole
hope of reformation is at length cast upon us; and let us not deceive the
nation, which does us the honor to hope everything from our virtue. If all
the nation are not equally forward to press this duty upon us, yet be assured
that they all equally expect we should perform it. The respectful silence of
those who wait upon your pleasure ought to be as powerful with you as the
call of those who require your service as their right. Some, without doors,
affect to feel hurt for your dignity, because they suppose that menaces are
held out to you. Justify their good opinion by showing that no menaces are
necessary to stimulate you to your duty. But, Sir, whilst we may sympathize
with them in one point who sympathize with us in another, we ought to
and ability will be found to take his place, and to carry his idea into full
execution. You all see how necessary it is to review our military expenses
for some years past, and, if possible, to bind up and close that bleeding
artery of profusion; but that business also, I have reason to hope, will be
undertaken by abilities that are fully adequate to it. Something must be
devised (if possible) to check the ruinous expense of elections.
Sir, all or most of these things must be done. Every one must take his
part. If we should be able, by dexterity, or power, or intrigue, to disappoint
the expectations of our constituents, what will it avail us? We shall never be
strong or artful enough to parry, or to put by, the irresistible demands of our
situation. That situation calls upon us, and upon our constituents too, with a
voice which will be heard. I am sure no man is more zealously attached than
I am to the privileges of this House, particularly in regard to the exclusive
management of money. The Lords have no right to the disposition, in any
sense, of the public purse; but they have gone further in self-denial [46] than
our utmost jealousy could have required. A power of examining accounts, to
censure, correct, and punish, we never, that I know of, have thought of
denying to the House of Lords. It is something more than a century since
we voted that body useless: they have now voted themselves so. The whole
hope of reformation is at length cast upon us; and let us not deceive the
nation, which does us the honor to hope everything from our virtue. If all
the nation are not equally forward to press this duty upon us, yet be assured
that they all equally expect we should perform it. The respectful silence of
those who wait upon your pleasure ought to be as powerful with you as the
call of those who require your service as their right. Some, without doors,
affect to feel hurt for your dignity, because they suppose that menaces are
held out to you. Justify their good opinion by showing that no menaces are
necessary to stimulate you to your duty. But, Sir, whilst we may sympathize
with them in one point who sympathize with us in another, we ought to
Page 306
attend no less to those who approach us like men, and who, in the guise of
petitioners, speak to us in the tone of a concealed authority. It is not wise to
force them to speak out more plainly what they plainly mean.—But the
petitioners are violent. Be it so. Those who are least anxious about your
conduct are not those that love you most. Moderate affection and satiated
enjoyment are cold and respectful; but an ardent and injured passion is
tempered up with wrath, and grief, and shame, and conscious worth, and the
maddening sense of violated right. A jealous love lights his torch from the
firebrands of the furies. They who call upon you to belong wholly to the
people are those who wish you to return to your proper home,—to the
sphere of your duty, to the post of your honor, to the mansion-house of all
genuine, serene, and solid satisfaction. We have furnished to the people of
England (indeed we have) some real cause of jealousy. Let us leave that sort
of company which, if it does not destroy our innocence, pollutes our honor;
let us free ourselves at once from everything that can increase their
suspicions and inflame their just resentment; let us cast away from us, with
a generous scorn, all the love-tokens and symbols that we have been vain
and light enough to accept,—all the bracelets, and snuff-boxes, and
miniature pictures, and hair devices, and all the other adulterous trinkets
that are the pledges of our alienation and the monuments of our shame. Let
us return to our legitimate home, and all jars and all quarrels will be lost in
embraces. Let the commons in Parliament assembled be one and the same
thing with the commons at large. The distinctions that are made to separate
us are unnatural and wicked contrivances. Let us identify, let us incorporate
ourselves with the people. Let us cut all the cables and snap the chains
which tie us to an unfaithful shore, and enter the friendly harbor that shoots
far out into the main its moles and jetties to receive us. "War with the world,
and peace with our constituents." Be this our motto, and our principle.
Then, indeed, we shall be truly great. Respecting ourselves, we shall be
respected by the world. At present all is troubled, and cloudy, and
petitioners, speak to us in the tone of a concealed authority. It is not wise to
force them to speak out more plainly what they plainly mean.—But the
petitioners are violent. Be it so. Those who are least anxious about your
conduct are not those that love you most. Moderate affection and satiated
enjoyment are cold and respectful; but an ardent and injured passion is
tempered up with wrath, and grief, and shame, and conscious worth, and the
maddening sense of violated right. A jealous love lights his torch from the
firebrands of the furies. They who call upon you to belong wholly to the
people are those who wish you to return to your proper home,—to the
sphere of your duty, to the post of your honor, to the mansion-house of all
genuine, serene, and solid satisfaction. We have furnished to the people of
England (indeed we have) some real cause of jealousy. Let us leave that sort
of company which, if it does not destroy our innocence, pollutes our honor;
let us free ourselves at once from everything that can increase their
suspicions and inflame their just resentment; let us cast away from us, with
a generous scorn, all the love-tokens and symbols that we have been vain
and light enough to accept,—all the bracelets, and snuff-boxes, and
miniature pictures, and hair devices, and all the other adulterous trinkets
that are the pledges of our alienation and the monuments of our shame. Let
us return to our legitimate home, and all jars and all quarrels will be lost in
embraces. Let the commons in Parliament assembled be one and the same
thing with the commons at large. The distinctions that are made to separate
us are unnatural and wicked contrivances. Let us identify, let us incorporate
ourselves with the people. Let us cut all the cables and snap the chains
which tie us to an unfaithful shore, and enter the friendly harbor that shoots
far out into the main its moles and jetties to receive us. "War with the world,
and peace with our constituents." Be this our motto, and our principle.
Then, indeed, we shall be truly great. Respecting ourselves, we shall be
respected by the world. At present all is troubled, and cloudy, and
Page 307
distracted, and full of anger and turbulence, both abroad and at home; but
the air may be cleared by this storm, and light and fertility may follow it.
Let us give a faithful pledge to the people, that we honor, indeed, the crown,
but that we belong to them; that we are their auxiliaries, and not their task-
masters,—the fellow-laborers in the same vineyard, not lording over their
rights, but helpers of their joy; that to tax them is a grievance to ourselves,
but to cut off from our enjoyments to forward theirs is the highest
gratification we are capable of receiving. I feel, with comfort, that we are
all warmed with these sentiments, and while we are thus warm, I wish we
may go directly and with a cheerful heart to this salutary work.
Sir, I move for leave to bring in a bill, "For the better regulation of his
Majesty's civil establishments, and of certain public offices; for the
limitation of pensions, and the suppression of sundry useless, expensive,
and inconvenient places, and for applying the moneys saved thereby to the
public service."[47]
Lord North stated, that there was a difference between this bill for
regulating the establishments and some of the others, as they affected the
ancient patrimony of the crown, and therefore wished them to be postponed
till the king's consent could be obtained. This distinction was strongly
controverted; but when it was insisted on as a point of decorum only, it was
agreed to postpone them to another day. Accordingly, on the Monday
following, viz. Feb. 14, leave was given, on the motion of Mr. Burke,
without opposition, to bring in—
1st, "A bill for the sale of the forest and other crown lands, rents, and
hereditaments, with certain exceptions, and for applying the produce
thereof to the public service; and for securing, ascertaining, and satisfying
tenant rights, and common and other rights."
the air may be cleared by this storm, and light and fertility may follow it.
Let us give a faithful pledge to the people, that we honor, indeed, the crown,
but that we belong to them; that we are their auxiliaries, and not their task-
masters,—the fellow-laborers in the same vineyard, not lording over their
rights, but helpers of their joy; that to tax them is a grievance to ourselves,
but to cut off from our enjoyments to forward theirs is the highest
gratification we are capable of receiving. I feel, with comfort, that we are
all warmed with these sentiments, and while we are thus warm, I wish we
may go directly and with a cheerful heart to this salutary work.
Sir, I move for leave to bring in a bill, "For the better regulation of his
Majesty's civil establishments, and of certain public offices; for the
limitation of pensions, and the suppression of sundry useless, expensive,
and inconvenient places, and for applying the moneys saved thereby to the
public service."[47]
Lord North stated, that there was a difference between this bill for
regulating the establishments and some of the others, as they affected the
ancient patrimony of the crown, and therefore wished them to be postponed
till the king's consent could be obtained. This distinction was strongly
controverted; but when it was insisted on as a point of decorum only, it was
agreed to postpone them to another day. Accordingly, on the Monday
following, viz. Feb. 14, leave was given, on the motion of Mr. Burke,
without opposition, to bring in—
1st, "A bill for the sale of the forest and other crown lands, rents, and
hereditaments, with certain exceptions, and for applying the produce
thereof to the public service; and for securing, ascertaining, and satisfying
tenant rights, and common and other rights."
Page 308
2nd, "A bill for the more perfectly uniting to the crown the Principality of
Wales and the County Palatine of Chester, and for the more commodious
administration of justice within the same; as also for abolishing certain
offices now appertaining thereto, for quieting dormant claims, ascertaining
and securing tenant rights, and for the sale of all forest lands, and other
lands, tenements, and hereditaments, held by his Majesty in right of the said
Principality, or County Palatine of Chester, and for applying the produce
thereof to the public service."
3rd, "A bill for uniting to the crown the Duchy and County Palatine of
Lancaster, for the suppression of unnecessary offices now belonging
thereto, for the ascertainment and security of tenant and other rights, and
for the sale of all rents, lands, tenements, and hereditaments, and forests,
within the said Duchy and County Palatine, or either of them, and for
applying the produce thereof to the public service."
And it was ordered that Mr. Burke, Mr. Fox, Lord John Cavendish, Sir
George Savile, Colonel Barré, Mr. Thomas Townshend, Mr. Byng, Mr.
Dunning, Sir Joseph Mawbey, Mr. Recorder of London, Sir Robert Clayton,
Mr. Frederick Montagu, the Earl of Upper Ossory, Sir William Guise, and
Mr. Gilbert do prepare and bring in the same.
At the same time, Mr. Burke moved for leave to bring in—
4th, "A bill for uniting the Duchy of Cornwall to the crown; for the
suppression of certain unnecessary offices now belonging thereto; for the
ascertainment and security of tenant and other rights; and for the sale of
certain rents, lands, and tenements, within or belonging to the said Duchy;
and for applying the produce thereof to the public service."
But some objections being made by the Surveyor-General of the Duchy
concerning the rights of the Prince of Wales, now in his minority, and Lord
Wales and the County Palatine of Chester, and for the more commodious
administration of justice within the same; as also for abolishing certain
offices now appertaining thereto, for quieting dormant claims, ascertaining
and securing tenant rights, and for the sale of all forest lands, and other
lands, tenements, and hereditaments, held by his Majesty in right of the said
Principality, or County Palatine of Chester, and for applying the produce
thereof to the public service."
3rd, "A bill for uniting to the crown the Duchy and County Palatine of
Lancaster, for the suppression of unnecessary offices now belonging
thereto, for the ascertainment and security of tenant and other rights, and
for the sale of all rents, lands, tenements, and hereditaments, and forests,
within the said Duchy and County Palatine, or either of them, and for
applying the produce thereof to the public service."
And it was ordered that Mr. Burke, Mr. Fox, Lord John Cavendish, Sir
George Savile, Colonel Barré, Mr. Thomas Townshend, Mr. Byng, Mr.
Dunning, Sir Joseph Mawbey, Mr. Recorder of London, Sir Robert Clayton,
Mr. Frederick Montagu, the Earl of Upper Ossory, Sir William Guise, and
Mr. Gilbert do prepare and bring in the same.
At the same time, Mr. Burke moved for leave to bring in—
4th, "A bill for uniting the Duchy of Cornwall to the crown; for the
suppression of certain unnecessary offices now belonging thereto; for the
ascertainment and security of tenant and other rights; and for the sale of
certain rents, lands, and tenements, within or belonging to the said Duchy;
and for applying the produce thereof to the public service."
But some objections being made by the Surveyor-General of the Duchy
concerning the rights of the Prince of Wales, now in his minority, and Lord
Page 309
North remaining perfectly silent, Mr. Burke, at length, though he strongly
contended against the principle of the objection, consented to withdraw this
last motion for the present, to be renewed upon an early occasion.
contended against the principle of the objection, consented to withdraw this
last motion for the present, to be renewed upon an early occasion.
Page 310
FOOTNOTES:
[31] This term comprehends various retributions made to persons whose
offices are taken away, or who in any other way suffer by the new
arrangements that are made.
[32] Edict registered 29th January, 1780.
[33] Thomas Gilbert, Esq., member for Lichfield.
[34] Here Lord North shook his head, and told those who sat near him that
Mr. Probert's pension was to depend on his success. It may be so. Mr.
Probert's pension was, however, no essential part of the question; nor did
Mr. B. care whether he still possessed it or not. His point was, to show the
ridicule of attempting an improvement of the Welsh revenue under its
present establishment.
[35] Case of Richard Lee, Esq., appellant, against George Venables Lord
Vernon, respondent, in the year 1775.
[36] Vide Lord Talbot's speech in Almon's Parliamentary Register. Vol VII.
p. 79, of the Proceedings of the Lords.
[37] More exactly, 378,616l. 10 s. 1¾ d.
[38] Et quaunt viscount ou baillif eit comence de acompter, nul autre ne seit
resceu de aconter tanque le primer qe soit assis eit peraccompte, et qe la
somme soit resceu.—Stat. 5. Ann Dom. 1266.
[39] Summum jus summa injuria.
[31] This term comprehends various retributions made to persons whose
offices are taken away, or who in any other way suffer by the new
arrangements that are made.
[32] Edict registered 29th January, 1780.
[33] Thomas Gilbert, Esq., member for Lichfield.
[34] Here Lord North shook his head, and told those who sat near him that
Mr. Probert's pension was to depend on his success. It may be so. Mr.
Probert's pension was, however, no essential part of the question; nor did
Mr. B. care whether he still possessed it or not. His point was, to show the
ridicule of attempting an improvement of the Welsh revenue under its
present establishment.
[35] Case of Richard Lee, Esq., appellant, against George Venables Lord
Vernon, respondent, in the year 1775.
[36] Vide Lord Talbot's speech in Almon's Parliamentary Register. Vol VII.
p. 79, of the Proceedings of the Lords.
[37] More exactly, 378,616l. 10 s. 1¾ d.
[38] Et quaunt viscount ou baillif eit comence de acompter, nul autre ne seit
resceu de aconter tanque le primer qe soit assis eit peraccompte, et qe la
somme soit resceu.—Stat. 5. Ann Dom. 1266.
[39] Summum jus summa injuria.
Page 311
[40] It was supposed by the Lord Advocate, in a subsequent debate, that
Mr. Burke, because he objected to an inquiry into the pension list for the
purpose of economy and relief of the public, would have it withheld from
the judgment of Parliament for all purposes whatsoever. This learned
gentleman certainly misunderstood him. His plan shows that he wished the
whole list to be easily accessible; and he knows that the public eye is of
itself a great guard against abuse.
[41] Before the statute of Queen Anne, which limited the alienation of land.
[42] Duke of Newcastle, whose dining-room is under the House of
Commons.
[43] Letters between Dr. Addington and Sir James Wright.
[44] Titles of the bills read.
[45] W. Dowdeswell, Esq., Chancellor of the Exchequer, 1765.
[46] Rejection of Lord Shelburne's motion in the House of Lords.
[47] The motion was seconded by Mr. Fox.
Mr. Burke, because he objected to an inquiry into the pension list for the
purpose of economy and relief of the public, would have it withheld from
the judgment of Parliament for all purposes whatsoever. This learned
gentleman certainly misunderstood him. His plan shows that he wished the
whole list to be easily accessible; and he knows that the public eye is of
itself a great guard against abuse.
[41] Before the statute of Queen Anne, which limited the alienation of land.
[42] Duke of Newcastle, whose dining-room is under the House of
Commons.
[43] Letters between Dr. Addington and Sir James Wright.
[44] Titles of the bills read.
[45] W. Dowdeswell, Esq., Chancellor of the Exchequer, 1765.
[46] Rejection of Lord Shelburne's motion in the House of Lords.
[47] The motion was seconded by Mr. Fox.
Page 312
SPEECH
AT THE
GUILDHALL IN BRISTOL, PREVIOUS TO THE LATE
ELECTION IN THAT CITY,
UPON
CERTAIN POINTS RELATIVE TO HIS
PARLIAMENTARY CONDUCT.
1780.
Mr. Mayor, and Gentlemen,—I am extremely pleased at the appearance
of this large and respectable meeting. The steps I may be obliged to take
will want the sanction of a considerable authority; and in explaining
anything which may appear doubtful in my public conduct, I must naturally
desire a very full audience.
I have been backward to begin my canvass. The dissolution of the
Parliament was uncertain; and it did not become me, by an unseasonable
importunity, to appear diffident of the effect of my six years' endeavors to
AT THE
GUILDHALL IN BRISTOL, PREVIOUS TO THE LATE
ELECTION IN THAT CITY,
UPON
CERTAIN POINTS RELATIVE TO HIS
PARLIAMENTARY CONDUCT.
1780.
Mr. Mayor, and Gentlemen,—I am extremely pleased at the appearance
of this large and respectable meeting. The steps I may be obliged to take
will want the sanction of a considerable authority; and in explaining
anything which may appear doubtful in my public conduct, I must naturally
desire a very full audience.
I have been backward to begin my canvass. The dissolution of the
Parliament was uncertain; and it did not become me, by an unseasonable
importunity, to appear diffident of the effect of my six years' endeavors to
Page 313
please you. I had served the city of Bristol honorably, and the city of Bristol
had no reason to think that the means of honorable service to the public
were become indifferent to me.
I found, on my arrival here, that three gentlemen had been long in eager
pursuit of an object which but two of us can obtain. I found that they had all
met with encouragement. A contested election in such a city as this is no
light thing. I paused on the brink of the precipice. These three gentlemen,
by various merits, and on various titles, I made no doubt were worthy of
your favor. I shall never attempt to raise myself by depreciating the merits
of my competitors. In the complexity and confusion of these cross pursuits,
I wished to take the authentic public sense of my friends upon a business of
so much delicacy. I wished to take your opinion along with me, that, if I
should give up the contest at the very beginning, my surrender of my post
may not seem the effect of inconstancy, or timidity, or anger, or disgust, or
indolence, or any other temper unbecoming a man who has engaged in the
public service. If, on the contrary, I should undertake the election, and fail
of success, I was full as anxious that it should be manifest to the whole
world that the peace of the city had not been broken by my rashness,
presumption, or fond conceit of my own merit.
I am not come, by a false and counterfeit show of deference to your
judgment, to seduce it in my favor. I ask it seriously and unaffectedly. If
you wish that I should retire, I shall not consider that advice as a censure
upon my conduct, or an alteration in your sentiments, but as a rational
submission to the circumstances of affairs. If, on the contrary, you should
think it proper for me to proceed on my canvass, if you will risk the trouble
on your part, I will risk it on mine. My pretensions are such as you cannot
be ashamed of, whether they succeed or fail.
had no reason to think that the means of honorable service to the public
were become indifferent to me.
I found, on my arrival here, that three gentlemen had been long in eager
pursuit of an object which but two of us can obtain. I found that they had all
met with encouragement. A contested election in such a city as this is no
light thing. I paused on the brink of the precipice. These three gentlemen,
by various merits, and on various titles, I made no doubt were worthy of
your favor. I shall never attempt to raise myself by depreciating the merits
of my competitors. In the complexity and confusion of these cross pursuits,
I wished to take the authentic public sense of my friends upon a business of
so much delicacy. I wished to take your opinion along with me, that, if I
should give up the contest at the very beginning, my surrender of my post
may not seem the effect of inconstancy, or timidity, or anger, or disgust, or
indolence, or any other temper unbecoming a man who has engaged in the
public service. If, on the contrary, I should undertake the election, and fail
of success, I was full as anxious that it should be manifest to the whole
world that the peace of the city had not been broken by my rashness,
presumption, or fond conceit of my own merit.
I am not come, by a false and counterfeit show of deference to your
judgment, to seduce it in my favor. I ask it seriously and unaffectedly. If
you wish that I should retire, I shall not consider that advice as a censure
upon my conduct, or an alteration in your sentiments, but as a rational
submission to the circumstances of affairs. If, on the contrary, you should
think it proper for me to proceed on my canvass, if you will risk the trouble
on your part, I will risk it on mine. My pretensions are such as you cannot
be ashamed of, whether they succeed or fail.
Page 314
If you call upon me, I shall solicit the favor of the city upon manly
ground. I come before you with the plain confidence of an honest servant in
the equity of a candid and discerning master. I come to claim your
approbation, not to amuse you with vain apologies, or with professions still
more vain and senseless. I have lived too long to be served by apologies, or
to stand in need of them. The part I have acted has been in open day; and to
hold out to a conduct which stands in that clear and steady light for all its
good and all its evil, to hold out to that conduct the paltry winking tapers of
excuses and promises,—I never will do it. They may obscure it with their
smoke, but they never can illumine sunshine by such a flame as theirs.
I am sensible that no endeavors have been left untried to injure me in
your opinion. But the use of character is to be a shield against calumny. I
could wish, undoubtedly, (if idle wishes were not the most idle of all
things,) to make every part of my conduct agreeable to every one of my
constituents; but in so great a city, and so greatly divided as this, it is weak
to expect it.
In such a discordancy of sentiments it is better to look to the nature of
things than to the humors of men. The very attempt towards pleasing
everybody discovers a temper always flashy, and often false and insincere.
Therefore, as I have proceeded straight onward in my conduct, so I will
proceed in my account of those parts of it which have been most excepted
to. But I must first beg leave just to hint to you that we may suffer very
great detriment by being open to every talker. It is not to be imagined how
much of service is lost from spirits full of activity and full of energy, who
are pressing, who are rushing forward, to great and capital objects, when
you oblige them to be continually looking back. Whilst they are defending
one service, they defraud you of an hundred. Applaud us when we run,
console us when we fall, cheer us when we recover; but let us pass on,—for
God's sake, let us pass on!
ground. I come before you with the plain confidence of an honest servant in
the equity of a candid and discerning master. I come to claim your
approbation, not to amuse you with vain apologies, or with professions still
more vain and senseless. I have lived too long to be served by apologies, or
to stand in need of them. The part I have acted has been in open day; and to
hold out to a conduct which stands in that clear and steady light for all its
good and all its evil, to hold out to that conduct the paltry winking tapers of
excuses and promises,—I never will do it. They may obscure it with their
smoke, but they never can illumine sunshine by such a flame as theirs.
I am sensible that no endeavors have been left untried to injure me in
your opinion. But the use of character is to be a shield against calumny. I
could wish, undoubtedly, (if idle wishes were not the most idle of all
things,) to make every part of my conduct agreeable to every one of my
constituents; but in so great a city, and so greatly divided as this, it is weak
to expect it.
In such a discordancy of sentiments it is better to look to the nature of
things than to the humors of men. The very attempt towards pleasing
everybody discovers a temper always flashy, and often false and insincere.
Therefore, as I have proceeded straight onward in my conduct, so I will
proceed in my account of those parts of it which have been most excepted
to. But I must first beg leave just to hint to you that we may suffer very
great detriment by being open to every talker. It is not to be imagined how
much of service is lost from spirits full of activity and full of energy, who
are pressing, who are rushing forward, to great and capital objects, when
you oblige them to be continually looking back. Whilst they are defending
one service, they defraud you of an hundred. Applaud us when we run,
console us when we fall, cheer us when we recover; but let us pass on,—for
God's sake, let us pass on!
Page 315
Do you think, Gentlemen, that every public act in the six years since I
stood in this place before you, that all the arduous things which have been
done in this eventful period which has crowded into a few years' space the
revolutions of an age, can be opened to you on their fair grounds in half an
hour's conversation?
But it is no reason, because there is a bad mode of inquiry, that there
should be no examination at all. Most certainly it is our duty to examine; it
is our interest, too: but it must be with discretion, with an attention to all the
circumstances and to all the motives; like sound judges, and not like
cavilling pettifoggers and quibbling pleaders, prying into flaws and hunting
for exceptions. Look, Gentlemen, to the whole tenor of your member's
conduct. Try whether his ambition or his avarice have justled him out of the
straight line of duty,—or whether that grand foe of the offices of active life,
that master vice in men of business, a degenerate and inglorious sloth, has
made him flag and languish in his course. This is the object of our inquiry.
If our member's conduct can bear this touch, mark it for sterling. He may
have fallen into errors, he must have faults; but our error is greater, and our
fault is radically ruinous to ourselves, if we do not bear, if we do not even
applaud, the whole compound and mixed mass of such a character. Not to
act thus is folly; I had almost said it is impiety. He censures God who
quarrels with the imperfections of man.
Gentlemen, we must not be peevish with those who serve the people; for
none will serve us, whilst there is a court to serve, but those who are of a
nice and jealous honor. They who think everything, in comparison of that
honor, to be dust and ashes, will not bear to have it soiled and impaired by
those for whose sake they make a thousand sacrifices to preserve it
immaculate and whole. We shall either drive such men from the public
stage, or we shall send them to the court for protection, where, if they must
sacrifice their reputation, they will at least secure their interest. Depend
stood in this place before you, that all the arduous things which have been
done in this eventful period which has crowded into a few years' space the
revolutions of an age, can be opened to you on their fair grounds in half an
hour's conversation?
But it is no reason, because there is a bad mode of inquiry, that there
should be no examination at all. Most certainly it is our duty to examine; it
is our interest, too: but it must be with discretion, with an attention to all the
circumstances and to all the motives; like sound judges, and not like
cavilling pettifoggers and quibbling pleaders, prying into flaws and hunting
for exceptions. Look, Gentlemen, to the whole tenor of your member's
conduct. Try whether his ambition or his avarice have justled him out of the
straight line of duty,—or whether that grand foe of the offices of active life,
that master vice in men of business, a degenerate and inglorious sloth, has
made him flag and languish in his course. This is the object of our inquiry.
If our member's conduct can bear this touch, mark it for sterling. He may
have fallen into errors, he must have faults; but our error is greater, and our
fault is radically ruinous to ourselves, if we do not bear, if we do not even
applaud, the whole compound and mixed mass of such a character. Not to
act thus is folly; I had almost said it is impiety. He censures God who
quarrels with the imperfections of man.
Gentlemen, we must not be peevish with those who serve the people; for
none will serve us, whilst there is a court to serve, but those who are of a
nice and jealous honor. They who think everything, in comparison of that
honor, to be dust and ashes, will not bear to have it soiled and impaired by
those for whose sake they make a thousand sacrifices to preserve it
immaculate and whole. We shall either drive such men from the public
stage, or we shall send them to the court for protection, where, if they must
sacrifice their reputation, they will at least secure their interest. Depend
Page 316
upon it, that the lovers of freedom will be free. None will violate their
conscience to please us, in order afterwards to discharge that conscience,
which they have violated, by doing us faithful and affectionate service. If
we degrade and deprave their minds by servility, it will be absurd to expect
that they who are creeping and abject towards us will ever be bold and
incorruptible assertors of our freedom against the most seducing and the
most formidable of all powers. No! human nature is not so formed: nor
shall we improve the faculties or better the morals of public men by our
possession of the most infallible receipt in the world for making cheats and
hypocrites.
Let me say, with plainness, I who am no longer in a public character, that,
if, by a fair, by an indulgent, by a gentlemanly behavior to our
representatives, we do not give confidence to their minds and a liberal
scope to their understandings, if we do not permit our members to act upon
a very enlarged view of things, we shall at length infallibly degrade our
national representation into a confused and scuffling bustle of local agency.
When the popular member is narrowed in his ideas and rendered timid in
his proceedings, the service of the crown will be the sole nursery of
statesmen. Among the frolics of the court, it may at length take that of
attending to its business. Then the monopoly of mental power will be added
to the power of all other kinds it possesses. On the side of the people there
will be nothing but impotence: for ignorance is impotence; narrowness of
mind is impotence; timidity is itself impotence, and makes all other
qualities that go along with it impotent and useless.
At present it is the plan of the court to make its servants insignificant. If
the people should fall into the same humor, and should choose their
servants on the same principles of mere obsequiousness and flexibility and
total vacancy or indifference of opinion in all public matters, then no part of
the state will be sound, and it will be in vain to think of saving it.
conscience to please us, in order afterwards to discharge that conscience,
which they have violated, by doing us faithful and affectionate service. If
we degrade and deprave their minds by servility, it will be absurd to expect
that they who are creeping and abject towards us will ever be bold and
incorruptible assertors of our freedom against the most seducing and the
most formidable of all powers. No! human nature is not so formed: nor
shall we improve the faculties or better the morals of public men by our
possession of the most infallible receipt in the world for making cheats and
hypocrites.
Let me say, with plainness, I who am no longer in a public character, that,
if, by a fair, by an indulgent, by a gentlemanly behavior to our
representatives, we do not give confidence to their minds and a liberal
scope to their understandings, if we do not permit our members to act upon
a very enlarged view of things, we shall at length infallibly degrade our
national representation into a confused and scuffling bustle of local agency.
When the popular member is narrowed in his ideas and rendered timid in
his proceedings, the service of the crown will be the sole nursery of
statesmen. Among the frolics of the court, it may at length take that of
attending to its business. Then the monopoly of mental power will be added
to the power of all other kinds it possesses. On the side of the people there
will be nothing but impotence: for ignorance is impotence; narrowness of
mind is impotence; timidity is itself impotence, and makes all other
qualities that go along with it impotent and useless.
At present it is the plan of the court to make its servants insignificant. If
the people should fall into the same humor, and should choose their
servants on the same principles of mere obsequiousness and flexibility and
total vacancy or indifference of opinion in all public matters, then no part of
the state will be sound, and it will be in vain to think of saving it.
Page 317
I thought it very expedient at this time to give you this candid counsel;
and with this counsel I would willingly close, if the matters which at
various times have been objected to me in this city concerned only myself
and my own election. These charges, I think, are four in number: my
neglect of a due attention to my constituents, the not paying more frequent
visits here; my conduct on the affairs of the first Irish Trade Acts; my
opinion and mode of proceeding on Lord Beauchamp's Debtors' Bills; and
my votes on the late affairs of the Roman Catholics. All of these (except
perhaps the first) relate to matters of very considerable public concern; and
it is not lest you should censure me improperly, but lest you should form
improper opinions on matters of some moment to you, that I trouble you at
all upon the subject. My conduct is of small importance.
With regard to the first charge, my friends have spoken to ms of it in the
style of amicable expostulation,—not so much blaming the thing as
lamenting the effects. Others, less partial to me, were less kind in assigning
the motives. I admit, there is a decorum and propriety in a member of
Parliament's paying a respectful court to his constituents. If I were
conscious to myself that pleasure, or dissipation, or low, unworthy
occupations had detained me from personal attendance on you, I would
readily admit my fault, and quietly submit to the penalty. But, Gentlemen, I
live at an hundred miles' distance from Bristol; and at the end of a session I
come to my own house, fatigued in body and in mind, to a little repose, and
to a very little attention to my family and my private concerns. A visit to
Bristol is always a sort of canvass, else it will do more harm than good. To
pass from the toils of a session to the toils of a canvass is the furthest thing
in the world from repose. I could hardly serve you as I have done, and court
you too. Most of you have heard that I do not very remarkably spare myself
in public business; and in the private business of my constituents I have
done very near as much as those who have nothing else to do. My canvass
of you was not on the 'change, nor in the county meetings, nor in the clubs
and with this counsel I would willingly close, if the matters which at
various times have been objected to me in this city concerned only myself
and my own election. These charges, I think, are four in number: my
neglect of a due attention to my constituents, the not paying more frequent
visits here; my conduct on the affairs of the first Irish Trade Acts; my
opinion and mode of proceeding on Lord Beauchamp's Debtors' Bills; and
my votes on the late affairs of the Roman Catholics. All of these (except
perhaps the first) relate to matters of very considerable public concern; and
it is not lest you should censure me improperly, but lest you should form
improper opinions on matters of some moment to you, that I trouble you at
all upon the subject. My conduct is of small importance.
With regard to the first charge, my friends have spoken to ms of it in the
style of amicable expostulation,—not so much blaming the thing as
lamenting the effects. Others, less partial to me, were less kind in assigning
the motives. I admit, there is a decorum and propriety in a member of
Parliament's paying a respectful court to his constituents. If I were
conscious to myself that pleasure, or dissipation, or low, unworthy
occupations had detained me from personal attendance on you, I would
readily admit my fault, and quietly submit to the penalty. But, Gentlemen, I
live at an hundred miles' distance from Bristol; and at the end of a session I
come to my own house, fatigued in body and in mind, to a little repose, and
to a very little attention to my family and my private concerns. A visit to
Bristol is always a sort of canvass, else it will do more harm than good. To
pass from the toils of a session to the toils of a canvass is the furthest thing
in the world from repose. I could hardly serve you as I have done, and court
you too. Most of you have heard that I do not very remarkably spare myself
in public business; and in the private business of my constituents I have
done very near as much as those who have nothing else to do. My canvass
of you was not on the 'change, nor in the county meetings, nor in the clubs
Page 318
of this city: it was in the House of Commons; it was at the Custom-House;
it was at the Council; it was at the Treasury; it was at the Admiralty. I
canvassed you through your affairs, and not your persons. I was not only
your representative as a body; I was the agent, the solicitor of individuals; I
ran about wherever your affairs could call me; and in acting for you, I often
appeared rather as a ship-broker than as a member of Parliament. There was
nothing too laborious or too low for me to undertake. The meanness of the
business was raised by the dignity of the object. If some lesser matters have
slipped through my fingers, it was because I filled my hands too full, and, in
my eagerness to serve you, took in more than any hands could grasp.
Several gentlemen stand round me who are my willing witnesses; and there
are others who, if they were here, would be still better, because they would
be unwilling witnesses to the same truth. It was in the middle of a summer
residence in London, and in the middle of a negotiation at the Admiralty for
your trade, that I was called to Bristol; and this late visit, at this late day, has
been possibly in prejudice to your affairs.
Since I have touched upon this matter, let me say, Gentlemen, that, if I
had a disposition or a right to complain, I have some cause of complaint on
my side. With a petition of this city in my hand, passed through the
corporation without a dissenting voice, a petition in unison with almost the
whole voice of the kingdom, (with whose formal thanks I was covered
over,) whilst I labored on no less than five bills for a public reform, and
fought, against the opposition of great abilities and of the greatest power,
every clause and every word of the largest of those bills, almost to the very
last day of a very long session,—all this time a canvass in Bristol was as
calmly carried on as if I were dead. I was considered as a man wholly out of
the question. Whilst I watched and fasted and sweated in the House of
Commons, by the most easy and ordinary arts of election, by dinners and
visits, by "How do you dos," and "My worthy friends," I was to be quietly
moved out of my seat,—and promises were made, and engagements entered
it was at the Council; it was at the Treasury; it was at the Admiralty. I
canvassed you through your affairs, and not your persons. I was not only
your representative as a body; I was the agent, the solicitor of individuals; I
ran about wherever your affairs could call me; and in acting for you, I often
appeared rather as a ship-broker than as a member of Parliament. There was
nothing too laborious or too low for me to undertake. The meanness of the
business was raised by the dignity of the object. If some lesser matters have
slipped through my fingers, it was because I filled my hands too full, and, in
my eagerness to serve you, took in more than any hands could grasp.
Several gentlemen stand round me who are my willing witnesses; and there
are others who, if they were here, would be still better, because they would
be unwilling witnesses to the same truth. It was in the middle of a summer
residence in London, and in the middle of a negotiation at the Admiralty for
your trade, that I was called to Bristol; and this late visit, at this late day, has
been possibly in prejudice to your affairs.
Since I have touched upon this matter, let me say, Gentlemen, that, if I
had a disposition or a right to complain, I have some cause of complaint on
my side. With a petition of this city in my hand, passed through the
corporation without a dissenting voice, a petition in unison with almost the
whole voice of the kingdom, (with whose formal thanks I was covered
over,) whilst I labored on no less than five bills for a public reform, and
fought, against the opposition of great abilities and of the greatest power,
every clause and every word of the largest of those bills, almost to the very
last day of a very long session,—all this time a canvass in Bristol was as
calmly carried on as if I were dead. I was considered as a man wholly out of
the question. Whilst I watched and fasted and sweated in the House of
Commons, by the most easy and ordinary arts of election, by dinners and
visits, by "How do you dos," and "My worthy friends," I was to be quietly
moved out of my seat,—and promises were made, and engagements entered
Page 319
into, without any exception or reserve, as if my laborious zeal in my duty
had been a regular abdication of my trust.
To open my whole heart to you on this subject, I do confess, however,
that there were other times, besides the two years in which I did visit you,
when I was not wholly without leisure for repeating that mark of my
respect. But I could not bring my mind to see you. You remember that in the
beginning of this American war (that era of calamity, disgrace, and
downfall, an era which no feeling mind will ever mention without a tear for
England) you were greatly divided,—and a very strong body, if not the
strongest, opposed itself to the madness which every art and every power
were employed to render popular, in order that the errors of the rulers might
be lost in the general blindness of the nation. This opposition continued
until after our great, but most unfortunate victory at Long Island. Then all
the mounds and banks of our constancy were borne down, at once, and the
frenzy of the American war broke in upon us like a deluge. This victory,
which seemed to put an immediate end to all difficulties, perfected us in
that spirit of domination which our unparalleled prosperity had but too long
nurtured. We had been so very powerful, and so very prosperous, that even
the humblest of us were degraded into the vices and follies of kings. We lost
all measure between means and ends; and our headlong desires became our
politics and our morals. All men who wished for peace, or retained any
sentiments of moderation, were overborne or silenced; and this city was led
by every artifice (and probably with the more management because I was
one of your members) to distinguish itself by its zeal for that fatal cause. In
this temper of yours and of my mind, I should sooner have fled to the
extremities of the earth than hate shown myself here. I, who saw in every
American victory (for you have had a long series of these misfortunes) the
germ and seed of the naval power of France and Spain, which all our heat
and warmth against America was only hatching into life,—I should not
have been a welcome visitant, with the brow and the language of such
had been a regular abdication of my trust.
To open my whole heart to you on this subject, I do confess, however,
that there were other times, besides the two years in which I did visit you,
when I was not wholly without leisure for repeating that mark of my
respect. But I could not bring my mind to see you. You remember that in the
beginning of this American war (that era of calamity, disgrace, and
downfall, an era which no feeling mind will ever mention without a tear for
England) you were greatly divided,—and a very strong body, if not the
strongest, opposed itself to the madness which every art and every power
were employed to render popular, in order that the errors of the rulers might
be lost in the general blindness of the nation. This opposition continued
until after our great, but most unfortunate victory at Long Island. Then all
the mounds and banks of our constancy were borne down, at once, and the
frenzy of the American war broke in upon us like a deluge. This victory,
which seemed to put an immediate end to all difficulties, perfected us in
that spirit of domination which our unparalleled prosperity had but too long
nurtured. We had been so very powerful, and so very prosperous, that even
the humblest of us were degraded into the vices and follies of kings. We lost
all measure between means and ends; and our headlong desires became our
politics and our morals. All men who wished for peace, or retained any
sentiments of moderation, were overborne or silenced; and this city was led
by every artifice (and probably with the more management because I was
one of your members) to distinguish itself by its zeal for that fatal cause. In
this temper of yours and of my mind, I should sooner have fled to the
extremities of the earth than hate shown myself here. I, who saw in every
American victory (for you have had a long series of these misfortunes) the
germ and seed of the naval power of France and Spain, which all our heat
and warmth against America was only hatching into life,—I should not
have been a welcome visitant, with the brow and the language of such
Page 320
feelings. When afterwards the other face of your calamity was turned upon
you, and showed itself in defeat and distress, I shunned you full as much. I
felt sorely this variety in our wretchedness; and I did not wish to have the
least appearance of insulting you with that show of superiority, which,
though it may not be assumed, is generally suspected, in a time of calamity,
from those whose previous warnings have been despised. I could not bear to
show you a representative whose face did not reflect that of his constituents,
—a face that could not joy in your joys, and sorrow in your sorrows. But
time at length has made us all of one opinion, and we have all opened our
eyes on the true nature of the American war,—to the true nature of all its
successes and all its failures.
In that public storm, too, I had my private feelings. I had seen blown
down and prostrate on the ground several of those houses to whom I was
chiefly indebted for the honor this city has done me. I confess, that, whilst
the wounds of those I loved were yet green, I could not bear to show myself
in pride and triumph in that place into which their partiality had brought
me, and to appear at feasts and rejoicings in the midst of the grief and
calamity of my warm friends, my zealous supporters, my generous
benefactors. This is a true, unvarnished, undisguised state of the affair. You
will judge of it.
This is the only one of the charges in which I am personally concerned.
As to the other matters objected against me, which in their turn I shall
mention to you, remember once more I do not mean to extenuate or excuse.
Why should I, when the things charged are among those upon which I
found all my reputation? What would be left to me, if I myself was the man
who softened and blended and diluted and weakened all the distinguishing
colors of my life, so as to leave nothing distinct and determinate in my
whole conduct?
you, and showed itself in defeat and distress, I shunned you full as much. I
felt sorely this variety in our wretchedness; and I did not wish to have the
least appearance of insulting you with that show of superiority, which,
though it may not be assumed, is generally suspected, in a time of calamity,
from those whose previous warnings have been despised. I could not bear to
show you a representative whose face did not reflect that of his constituents,
—a face that could not joy in your joys, and sorrow in your sorrows. But
time at length has made us all of one opinion, and we have all opened our
eyes on the true nature of the American war,—to the true nature of all its
successes and all its failures.
In that public storm, too, I had my private feelings. I had seen blown
down and prostrate on the ground several of those houses to whom I was
chiefly indebted for the honor this city has done me. I confess, that, whilst
the wounds of those I loved were yet green, I could not bear to show myself
in pride and triumph in that place into which their partiality had brought
me, and to appear at feasts and rejoicings in the midst of the grief and
calamity of my warm friends, my zealous supporters, my generous
benefactors. This is a true, unvarnished, undisguised state of the affair. You
will judge of it.
This is the only one of the charges in which I am personally concerned.
As to the other matters objected against me, which in their turn I shall
mention to you, remember once more I do not mean to extenuate or excuse.
Why should I, when the things charged are among those upon which I
found all my reputation? What would be left to me, if I myself was the man
who softened and blended and diluted and weakened all the distinguishing
colors of my life, so as to leave nothing distinct and determinate in my
whole conduct?
Page 321
It has been said, and it is the second charge, that in the questions of the
Irish trade I did not consult the interest of my constituents,—or, to speak
out strongly, that I rather acted as a native of Ireland than as an English
member of Parliament.
I certainly have very warm good wishes for the place of my birth. But the
sphere of my duties is my true country. It was as a man attached to your
interests, and zealous for the conservation of your power and dignity, that I
acted on that occasion, and on all occasions. You were involved in the
American war. A new world of policy was opened, to which it was
necessary we should conform, whether we would or not; and my only
thought was how to conform to our situation in such a manner as to unite to
this kingdom, in prosperity and in affection, whatever remained of the
empire. I was true to my old, standing, invariable principle, that all things
which came from Great Britain should issue as a gift of her bounty and
beneficence, rather than as claims recovered against a struggling litigant,—
or at least, that, if your beneficence obtained no credit in your concessions,
yet that they should appear the salutary provisions of your wisdom and
foresight, not as things wrung from you with your blood by the cruel gripe
of a rigid necessity. The first concessions, by being (much against my will)
mangled and stripped of the parts which were necessary to make out their
just correspondence and connection in trade, were of no use. The next year
a feeble attempt was made to bring the thing into better shape. This attempt,
(countenanced by the minister,) on the very first appearance of some
popular uneasiness, was, after a considerable progress through the House,
thrown out by him.
What was the consequence? The whole kingdom of Ireland was instantly
in a flame. Threatened by foreigners, and, as they thought, insulted by
England, they resolved at once to resist the power of France and to cast off
yours. As for us, we were able neither to protect nor to restrain them. Forty
Irish trade I did not consult the interest of my constituents,—or, to speak
out strongly, that I rather acted as a native of Ireland than as an English
member of Parliament.
I certainly have very warm good wishes for the place of my birth. But the
sphere of my duties is my true country. It was as a man attached to your
interests, and zealous for the conservation of your power and dignity, that I
acted on that occasion, and on all occasions. You were involved in the
American war. A new world of policy was opened, to which it was
necessary we should conform, whether we would or not; and my only
thought was how to conform to our situation in such a manner as to unite to
this kingdom, in prosperity and in affection, whatever remained of the
empire. I was true to my old, standing, invariable principle, that all things
which came from Great Britain should issue as a gift of her bounty and
beneficence, rather than as claims recovered against a struggling litigant,—
or at least, that, if your beneficence obtained no credit in your concessions,
yet that they should appear the salutary provisions of your wisdom and
foresight, not as things wrung from you with your blood by the cruel gripe
of a rigid necessity. The first concessions, by being (much against my will)
mangled and stripped of the parts which were necessary to make out their
just correspondence and connection in trade, were of no use. The next year
a feeble attempt was made to bring the thing into better shape. This attempt,
(countenanced by the minister,) on the very first appearance of some
popular uneasiness, was, after a considerable progress through the House,
thrown out by him.
What was the consequence? The whole kingdom of Ireland was instantly
in a flame. Threatened by foreigners, and, as they thought, insulted by
England, they resolved at once to resist the power of France and to cast off
yours. As for us, we were able neither to protect nor to restrain them. Forty
Page 322
thousand men were raised and disciplined without commission from the
crown. Two illegal armies were seen with banners displayed at the same
time and in the same country. No executive magistrate, no judicature, in
Ireland, would acknowledge the legality of the army which bore the king's
commission; and no law, or appearance of law, authorized the army
commissioned by itself. In this unexampled state of things, which the least
error, the least trespass on the right or left, would have hurried down the
precipice into an abyss of blood and confusion, the people of Ireland
demand a freedom of trade with arms in their hands. They interdict all
commerce between the two nations. They deny all new supply in the House
of Commons, although in time of war. They stint the trust of the old
revenue, given for two years to all the king's predecessors, to six months.
The British Parliament, in a former session, frightened into a limited
concession by the menaces of Ireland, frightened out of it by the menaces of
England, was now frightened back again, and made an universal surrender
of all that had been thought the peculiar, reserved, uncommunicable rights
of England: the exclusive commerce of America, of Africa, of the West
Indies,—all the enumerations of the Acts of Navigation,—all the
manufactures,—iron, glass, even the last pledge of jealousy and pride, the
interest hid in the secret of our hearts, the inveterate prejudice moulded into
the constitution of our frame, even the sacred fleece itself, all went together.
No reserve, no exception; no debate, no discussion. A sudden light broke in
upon us all. It broke in, not through well-contrived and well-disposed
windows, but through flaws and breaches,—through the yawning chasms of
our ruin. We were taught wisdom by humiliation. No town in England
presumed to have a prejudice, or dared to mutter a petition. What was
worse, the whole Parliament of England, which retained authority for
nothing but surrenders, was despoiled of every shadow of its
superintendence. It was, without any qualification, denied in theory, as it
had been trampled upon in practice. This scene of shame and disgrace has,
crown. Two illegal armies were seen with banners displayed at the same
time and in the same country. No executive magistrate, no judicature, in
Ireland, would acknowledge the legality of the army which bore the king's
commission; and no law, or appearance of law, authorized the army
commissioned by itself. In this unexampled state of things, which the least
error, the least trespass on the right or left, would have hurried down the
precipice into an abyss of blood and confusion, the people of Ireland
demand a freedom of trade with arms in their hands. They interdict all
commerce between the two nations. They deny all new supply in the House
of Commons, although in time of war. They stint the trust of the old
revenue, given for two years to all the king's predecessors, to six months.
The British Parliament, in a former session, frightened into a limited
concession by the menaces of Ireland, frightened out of it by the menaces of
England, was now frightened back again, and made an universal surrender
of all that had been thought the peculiar, reserved, uncommunicable rights
of England: the exclusive commerce of America, of Africa, of the West
Indies,—all the enumerations of the Acts of Navigation,—all the
manufactures,—iron, glass, even the last pledge of jealousy and pride, the
interest hid in the secret of our hearts, the inveterate prejudice moulded into
the constitution of our frame, even the sacred fleece itself, all went together.
No reserve, no exception; no debate, no discussion. A sudden light broke in
upon us all. It broke in, not through well-contrived and well-disposed
windows, but through flaws and breaches,—through the yawning chasms of
our ruin. We were taught wisdom by humiliation. No town in England
presumed to have a prejudice, or dared to mutter a petition. What was
worse, the whole Parliament of England, which retained authority for
nothing but surrenders, was despoiled of every shadow of its
superintendence. It was, without any qualification, denied in theory, as it
had been trampled upon in practice. This scene of shame and disgrace has,
Page 323
in a manner, whilst I am speaking, ended by the perpetual establishment of
a military power in the dominions of this crown, without consent of the
British legislature, [48] contrary to the policy of the Constitution, contrary to
the Declaration of Right; and by this your liberties are swept away along
with your supreme authority,—and both, linked together from the
beginning, have, I am afraid, both together perished forever.
What! Gentlemen, was I not to foresee, or foreseeing, was I not to
endeavor to save you from all these multiplied mischiefs and disgraces?
Would the little, silly, canvass prattle of obeying instructions, and having no
opinions but yours, and such idle, senseless tales, which amuse the vacant
ears of unthinking men, have saved you from "the pelting of that pitiless
storm," to which the loose improvidence, the cowardly rashness, of those
who dare not look danger in the face so as to provide against it in time, and
therefore throw themselves headlong into the midst of it, have exposed this
degraded nation, beat down and prostrate on the earth, unsheltered,
unarmed, unresisting? Was I an Irishman on that day that I boldly withstood
our pride? or on the day that I hung down my head, and wept in shame and
silence over the humiliation of Great Britain? I became unpopular in
England for the one, and in Ireland for the other. What then? What
obligation lay on me to be popular? I was bound to serve both kingdoms. To
be pleased with my service was their affair, not mine.
I was an Irishman in the Irish business, just as much as I was an
American, when, on the same principles, I wished you to concede to
America at a time when she prayed concession at our feet. Just as much was
I an American, when I wished Parliament to offer terms in victory, and not
to wait the well-chosen hour of defeat, for making good by weakness and
by supplication a claim of prerogative, preëminence, and authority.
a military power in the dominions of this crown, without consent of the
British legislature, [48] contrary to the policy of the Constitution, contrary to
the Declaration of Right; and by this your liberties are swept away along
with your supreme authority,—and both, linked together from the
beginning, have, I am afraid, both together perished forever.
What! Gentlemen, was I not to foresee, or foreseeing, was I not to
endeavor to save you from all these multiplied mischiefs and disgraces?
Would the little, silly, canvass prattle of obeying instructions, and having no
opinions but yours, and such idle, senseless tales, which amuse the vacant
ears of unthinking men, have saved you from "the pelting of that pitiless
storm," to which the loose improvidence, the cowardly rashness, of those
who dare not look danger in the face so as to provide against it in time, and
therefore throw themselves headlong into the midst of it, have exposed this
degraded nation, beat down and prostrate on the earth, unsheltered,
unarmed, unresisting? Was I an Irishman on that day that I boldly withstood
our pride? or on the day that I hung down my head, and wept in shame and
silence over the humiliation of Great Britain? I became unpopular in
England for the one, and in Ireland for the other. What then? What
obligation lay on me to be popular? I was bound to serve both kingdoms. To
be pleased with my service was their affair, not mine.
I was an Irishman in the Irish business, just as much as I was an
American, when, on the same principles, I wished you to concede to
America at a time when she prayed concession at our feet. Just as much was
I an American, when I wished Parliament to offer terms in victory, and not
to wait the well-chosen hour of defeat, for making good by weakness and
by supplication a claim of prerogative, preëminence, and authority.
Page 324
Instead of requiring it from me, as a point of duty, to kindle with your
passions, had you all been as cool as I was, you would have been saved
disgraces and distresses that are unutterable. Do you remember our
commission? We sent out a solemn embassy across the Atlantic Ocean, to
lay the crown, the peerage, the commons of Great Britain at the feet of the
American Congress. That our disgrace might want no sort of brightening
and burnishing, observe who they were that composed this famous
embassy. My Lord Carlisle is among the first ranks of our nobility. He is the
identical man who, but two years before, had been put forward, at the
opening of a session, in the House of Lords, as the mover of an haughty and
rigorous address against America. He was put in the front of the embassy of
submission. Mr. Eden was taken from the office of Lord Suffolk, to whom
he was then Under-Secretary of State,—from the office of that Lord Suffolk
who but a few weeks before, in his place in Parliament, did not deign to
inquire where a congress of vagrants was to be found. This Lord Suffolk
sent Mr. Eden to find these vagrants, without knowing where his king's
generals were to be found who were joined in the same commission of
supplicating those whom they were sent to subdue. They enter the capital of
America only to abandon it; and these assertors and representatives of the
dignity of England, at the tail of a flying army, let fly their Parthian shafts
of memorials and remonstrances at random behind them. Their promises
and their offers, their flatteries and their menaces, were all despised; and we
were saved the disgrace of their formal reception only because the Congress
scorned to receive them; whilst the State-house of independent Philadelphia
opened her doors to the public entry of the ambassador of France. From war
and blood we went to submission, and from submission plunged back again
to war and blood, to desolate and be desolated, without measure, hope, or
end. I am a Royalist: I blushed for this degradation of the crown. I am a
Whig: I blushed for the dishonor of Parliament. I am a true Englishman: I
felt to the quick for the disgrace of England. I am a man: I felt for the
passions, had you all been as cool as I was, you would have been saved
disgraces and distresses that are unutterable. Do you remember our
commission? We sent out a solemn embassy across the Atlantic Ocean, to
lay the crown, the peerage, the commons of Great Britain at the feet of the
American Congress. That our disgrace might want no sort of brightening
and burnishing, observe who they were that composed this famous
embassy. My Lord Carlisle is among the first ranks of our nobility. He is the
identical man who, but two years before, had been put forward, at the
opening of a session, in the House of Lords, as the mover of an haughty and
rigorous address against America. He was put in the front of the embassy of
submission. Mr. Eden was taken from the office of Lord Suffolk, to whom
he was then Under-Secretary of State,—from the office of that Lord Suffolk
who but a few weeks before, in his place in Parliament, did not deign to
inquire where a congress of vagrants was to be found. This Lord Suffolk
sent Mr. Eden to find these vagrants, without knowing where his king's
generals were to be found who were joined in the same commission of
supplicating those whom they were sent to subdue. They enter the capital of
America only to abandon it; and these assertors and representatives of the
dignity of England, at the tail of a flying army, let fly their Parthian shafts
of memorials and remonstrances at random behind them. Their promises
and their offers, their flatteries and their menaces, were all despised; and we
were saved the disgrace of their formal reception only because the Congress
scorned to receive them; whilst the State-house of independent Philadelphia
opened her doors to the public entry of the ambassador of France. From war
and blood we went to submission, and from submission plunged back again
to war and blood, to desolate and be desolated, without measure, hope, or
end. I am a Royalist: I blushed for this degradation of the crown. I am a
Whig: I blushed for the dishonor of Parliament. I am a true Englishman: I
felt to the quick for the disgrace of England. I am a man: I felt for the
Page 325
melancholy reverse of human affairs in the fall of the first power in the
world.
To read what was approaching in Ireland, in the black and bloody
characters of the American war, was a painful, but it was a necessary part of
my public duty. For, Gentlemen, it is not your fond desires or mine that can
alter the nature of things; by contending against which, what have we got,
or shall ever get, but defeat and shame? I did not obey your instructions.
No. I conformed to the instructions of truth and Nature, and maintained
your interest, against your opinions, with a constancy that became me. A
representative worthy of you ought to be a person of stability. I am to look,
indeed, to your opinions,—but to such opinions as you and I must have five
years hence. I was not to look to the flash of the day. I knew that you chose
me, in my place, along with others, to be a pillar of the state, and not a
weathercock on the top of the edifice, exalted for my levity and versatility,
and of no use but to indicate the shiftings of every fashionable gale. Would
to God the value of my sentiments on Ireland and on America had been at
this day a subject of doubt and discussion! No matter what my sufferings
had been, so that this kingdom had kept the authority I wished it to
maintain, by a grave foresight, and by an equitable temperance in the use of
its power.
The next article of charge on my public conduct, and that which I find
rather the most prevalent of all, is Lord Beauchamp's bill: I mean his bill of
last session, for reforming the law-process concerning imprisonment. It is
said, to aggravate the offence, that I treated the petition of this city with
contempt even in presenting it to the House, and expressed myself in terms
of marked disrespect. Had this latter part of the charge been true, no merits
on the side of the question which I took could possibly excuse me. But I am
incapable of treating this city with disrespect. Very fortunately, at this
minute, (if my bad eyesight does not deceive me,) the worthy gentleman [49]
world.
To read what was approaching in Ireland, in the black and bloody
characters of the American war, was a painful, but it was a necessary part of
my public duty. For, Gentlemen, it is not your fond desires or mine that can
alter the nature of things; by contending against which, what have we got,
or shall ever get, but defeat and shame? I did not obey your instructions.
No. I conformed to the instructions of truth and Nature, and maintained
your interest, against your opinions, with a constancy that became me. A
representative worthy of you ought to be a person of stability. I am to look,
indeed, to your opinions,—but to such opinions as you and I must have five
years hence. I was not to look to the flash of the day. I knew that you chose
me, in my place, along with others, to be a pillar of the state, and not a
weathercock on the top of the edifice, exalted for my levity and versatility,
and of no use but to indicate the shiftings of every fashionable gale. Would
to God the value of my sentiments on Ireland and on America had been at
this day a subject of doubt and discussion! No matter what my sufferings
had been, so that this kingdom had kept the authority I wished it to
maintain, by a grave foresight, and by an equitable temperance in the use of
its power.
The next article of charge on my public conduct, and that which I find
rather the most prevalent of all, is Lord Beauchamp's bill: I mean his bill of
last session, for reforming the law-process concerning imprisonment. It is
said, to aggravate the offence, that I treated the petition of this city with
contempt even in presenting it to the House, and expressed myself in terms
of marked disrespect. Had this latter part of the charge been true, no merits
on the side of the question which I took could possibly excuse me. But I am
incapable of treating this city with disrespect. Very fortunately, at this
minute, (if my bad eyesight does not deceive me,) the worthy gentleman [49]
Page 326
deputed on this business stands directly before me. To him I appeal,
whether I did not, though it militated with my oldest and my most recent
public opinions, deliver the petition with a strong and more than usual
recommendation to the consideration of the House, on account of the
character and consequence of those who signed it. I believe the worthy
gentleman will tell you, that, the very day I received it, I applied to the
Solicitor, now the Attorney General, to give it an immediate consideration;
and he most obligingly and instantly consented to employ a great deal of his
very valuable time to write an explanation of the bill. I attended the
committee with all possible care and diligence, in order that every objection
of yours might meet with a solution, or produce an alteration. I entreated
your learned recorder (always ready in business in which you take a
concern) to attend. But what will you say to those who blame me for
supporting Lord Beauchamp's bill, as a disrespectful treatment of your
petition, when you hear, that, out of respect to you, I myself was the cause
of the loss of that very bill? For the noble lord who brought it in, and who, I
must say, has much merit for this and some other measures, at my request
consented to put it off for a week, which the Speaker's illness lengthened to
a fortnight; and then the frantic tumult about Popery drove that and every
rational business from the House. So that, if I chose to make a defence of
myself, on the little principles of a culprit, pleading in his exculpation, I
might not only secure my acquittal, but make merit with the opposers of the
bill. But I shall do no such thing. The truth is, that I did occasion the loss of
the bill, and by a delay caused by my respect to you. But such an event was
never in my contemplation. And I am so far from taking credit for the defeat
of that measure, that I cannot sufficiently lament my misfortune, if but one
man, who ought to be at large, has passed a year in prison by my means. I
am a debtor to the debtors. I confess judgment. I owe what, if ever it be in
my power, I shall most certainly pay,—ample atonement and usurious
amends to liberty and humanity for my unhappy lapse. For, Gentlemen,
whether I did not, though it militated with my oldest and my most recent
public opinions, deliver the petition with a strong and more than usual
recommendation to the consideration of the House, on account of the
character and consequence of those who signed it. I believe the worthy
gentleman will tell you, that, the very day I received it, I applied to the
Solicitor, now the Attorney General, to give it an immediate consideration;
and he most obligingly and instantly consented to employ a great deal of his
very valuable time to write an explanation of the bill. I attended the
committee with all possible care and diligence, in order that every objection
of yours might meet with a solution, or produce an alteration. I entreated
your learned recorder (always ready in business in which you take a
concern) to attend. But what will you say to those who blame me for
supporting Lord Beauchamp's bill, as a disrespectful treatment of your
petition, when you hear, that, out of respect to you, I myself was the cause
of the loss of that very bill? For the noble lord who brought it in, and who, I
must say, has much merit for this and some other measures, at my request
consented to put it off for a week, which the Speaker's illness lengthened to
a fortnight; and then the frantic tumult about Popery drove that and every
rational business from the House. So that, if I chose to make a defence of
myself, on the little principles of a culprit, pleading in his exculpation, I
might not only secure my acquittal, but make merit with the opposers of the
bill. But I shall do no such thing. The truth is, that I did occasion the loss of
the bill, and by a delay caused by my respect to you. But such an event was
never in my contemplation. And I am so far from taking credit for the defeat
of that measure, that I cannot sufficiently lament my misfortune, if but one
man, who ought to be at large, has passed a year in prison by my means. I
am a debtor to the debtors. I confess judgment. I owe what, if ever it be in
my power, I shall most certainly pay,—ample atonement and usurious
amends to liberty and humanity for my unhappy lapse. For, Gentlemen,
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Lord Beauchamp's bill was a law of justice and policy, as far as it went: I
say, as far as it went; for its fault was its being in the remedial part
miserably defective.
There are two capital faults in our law with relation to civil debts. One is,
that every man is presumed solvent: a presumption, in innumerable cases,
directly against truth. Therefore the debtor is ordered, on a supposition of
ability and fraud, to be coerced his liberty until he makes payment. By this
means, in all cases of civil insolvency, without a pardon from his creditor,
he is to be imprisoned for life; and thus a miserable mistaken invention of
artificial science operates to change a civil into a criminal judgment, and to
scourge misfortune or indiscretion with a punishment which the law does
not inflict on the greatest crimes.
The next fault is, that the inflicting of that punishment is not on the
opinion of an equal and public judge, but is referred to the arbitrary
discretion of a private, nay, interested, and irritated, individual. He, who
formally is, and substantially ought to be, the judge, is in reality no more
than ministerial, a mere executive instrument of a private man, who is at
once judge and party. Every idea of judicial order is subverted by this
procedure. If the insolvency be no crime, why is it punished with arbitrary
imprisonment? If it be a crime, why is it delivered into private hands to
pardon without discretion, or to punish without mercy and without
measure?
To these faults, gross and cruel faults in our law, the excellent principle
of Lord Beauchamp's bill applied some sort of remedy. I know that credit
must be preserved: but equity must be preserved, too; and it is impossible
that anything should be necessary to commerce which is inconsistent with
justice. The principle of credit was not weakened by that bill. God forbid!
The enforcement of that credit was only put into the same public judicial
say, as far as it went; for its fault was its being in the remedial part
miserably defective.
There are two capital faults in our law with relation to civil debts. One is,
that every man is presumed solvent: a presumption, in innumerable cases,
directly against truth. Therefore the debtor is ordered, on a supposition of
ability and fraud, to be coerced his liberty until he makes payment. By this
means, in all cases of civil insolvency, without a pardon from his creditor,
he is to be imprisoned for life; and thus a miserable mistaken invention of
artificial science operates to change a civil into a criminal judgment, and to
scourge misfortune or indiscretion with a punishment which the law does
not inflict on the greatest crimes.
The next fault is, that the inflicting of that punishment is not on the
opinion of an equal and public judge, but is referred to the arbitrary
discretion of a private, nay, interested, and irritated, individual. He, who
formally is, and substantially ought to be, the judge, is in reality no more
than ministerial, a mere executive instrument of a private man, who is at
once judge and party. Every idea of judicial order is subverted by this
procedure. If the insolvency be no crime, why is it punished with arbitrary
imprisonment? If it be a crime, why is it delivered into private hands to
pardon without discretion, or to punish without mercy and without
measure?
To these faults, gross and cruel faults in our law, the excellent principle
of Lord Beauchamp's bill applied some sort of remedy. I know that credit
must be preserved: but equity must be preserved, too; and it is impossible
that anything should be necessary to commerce which is inconsistent with
justice. The principle of credit was not weakened by that bill. God forbid!
The enforcement of that credit was only put into the same public judicial
Page 328
hands on which we depend for our lives and all that makes life dear to us.
But, indeed, this business was taken up too warmly, both here and
elsewhere. The bill was extremely mistaken. It was supposed to enact what
it never enacted; and complaints were made of clauses in it, as novelties,
which existed before the noble lord that brought in the bill was born. There
was a fallacy that ran through the whole of the objections. The gentlemen
who opposed the bill always argued as if the option lay between that bill
and the ancient law. But this is a grand mistake. For, practically, the option
is between not that bill and the old law, but between that bill and those
occasional laws called acts of grace. For the operation of the old law is so
savage, and so inconvenient to society, that for a long time past, once in
every Parliament, and lately twice, the legislature has been obliged to make
a general arbitrary jail-delivery, and at once to set open, by its sovereign
authority, all the prisons in England.
Gentlemen, I never relished acts of grace, nor ever submitted to them but
from despair of better. They are a dishonorable invention, by which, not
from humanity, not from policy, but merely because we have not room
enough to hold these victims of the absurdity of our laws, we turn loose
upon the public three or four thousand naked wretches, corrupted by the
habits, debased by the ignominy of a prison. If the creditor had a right to
those carcasses as a natural security for his property, I am sure we have no
right to deprive him of that security. But if the few pounds of flesh were not
necessary to his security, we had not a right to detain the unfortunate debtor,
without any benefit at all to the person who confined him. Take it as you
will, we commit injustice. Now Lord Beauchamp's bill intended to do
deliberately, and with great caution and circumspection, upon each several
case, and with all attention to the just claimant, what acts of grace do in a
much greater measure, and with very little care, caution, or deliberation.
But, indeed, this business was taken up too warmly, both here and
elsewhere. The bill was extremely mistaken. It was supposed to enact what
it never enacted; and complaints were made of clauses in it, as novelties,
which existed before the noble lord that brought in the bill was born. There
was a fallacy that ran through the whole of the objections. The gentlemen
who opposed the bill always argued as if the option lay between that bill
and the ancient law. But this is a grand mistake. For, practically, the option
is between not that bill and the old law, but between that bill and those
occasional laws called acts of grace. For the operation of the old law is so
savage, and so inconvenient to society, that for a long time past, once in
every Parliament, and lately twice, the legislature has been obliged to make
a general arbitrary jail-delivery, and at once to set open, by its sovereign
authority, all the prisons in England.
Gentlemen, I never relished acts of grace, nor ever submitted to them but
from despair of better. They are a dishonorable invention, by which, not
from humanity, not from policy, but merely because we have not room
enough to hold these victims of the absurdity of our laws, we turn loose
upon the public three or four thousand naked wretches, corrupted by the
habits, debased by the ignominy of a prison. If the creditor had a right to
those carcasses as a natural security for his property, I am sure we have no
right to deprive him of that security. But if the few pounds of flesh were not
necessary to his security, we had not a right to detain the unfortunate debtor,
without any benefit at all to the person who confined him. Take it as you
will, we commit injustice. Now Lord Beauchamp's bill intended to do
deliberately, and with great caution and circumspection, upon each several
case, and with all attention to the just claimant, what acts of grace do in a
much greater measure, and with very little care, caution, or deliberation.
Page 329
I suspect that here, too, if we contrive to oppose this bill, we shall be
found in a struggle against the nature of things. For, as we grow
enlightened, the public will not bear, for any length of time, to pay for the
maintenance of whole armies of prisoners, nor, at their own expense, submit
to keep jails as a sort of garrisons, merely to fortify the absurd principle of
making men judges in their own cause. For credit has little or no concern in
this cruelty. I speak in a commercial assembly. You know that credit is
given because capital must be employed; that men calculate the chances of
insolvency; and they either withhold the credit, or make the debtor pay the
risk in the price. The counting-house has no alliance with the jail. Holland
understands trade as well as we, and she has done much more than this
obnoxious bill intended to do. There was not, when Mr. Howard visited
Holland, more than one prisoner for debt in the great city of Rotterdam.
Although Lord Beauchamp's act (which was previous to this bill, and
intended to feel the way for it) has already preserved liberty to thousands,
and though it is not three years since the last act of grace passed, yet, by Mr.
Howard's last account, there were near three thousand again in jail. I cannot
name this gentleman without remarking that his labors and writings have
done much to open the eyes and hearts of mankind. He has visited all
Europe,—not to survey the sumptuousness of palaces or the stateliness of
temples, not to make accurate measurements of the remains of ancient
grandeur nor to form a scale of the curiosity of modern art, not to collect
medals or collate manuscripts,—but to dive into the depths of dungeons, to
plunge into the infection of hospitals, to survey the mansions of sorrow and
pain, to take the gauge and dimensions of misery, depression, and contempt,
to remember the forgotten, to attend to the neglected, to visit the forsaken,
and to compare and collate the distresses of all men in all countries. His
plan is original; and it is as full of genius as it is of humanity. It was a
voyage of discovery, a circumnavigation of charity. Already the benefit of
his labor is felt more or less in every country; I hope he will anticipate his
found in a struggle against the nature of things. For, as we grow
enlightened, the public will not bear, for any length of time, to pay for the
maintenance of whole armies of prisoners, nor, at their own expense, submit
to keep jails as a sort of garrisons, merely to fortify the absurd principle of
making men judges in their own cause. For credit has little or no concern in
this cruelty. I speak in a commercial assembly. You know that credit is
given because capital must be employed; that men calculate the chances of
insolvency; and they either withhold the credit, or make the debtor pay the
risk in the price. The counting-house has no alliance with the jail. Holland
understands trade as well as we, and she has done much more than this
obnoxious bill intended to do. There was not, when Mr. Howard visited
Holland, more than one prisoner for debt in the great city of Rotterdam.
Although Lord Beauchamp's act (which was previous to this bill, and
intended to feel the way for it) has already preserved liberty to thousands,
and though it is not three years since the last act of grace passed, yet, by Mr.
Howard's last account, there were near three thousand again in jail. I cannot
name this gentleman without remarking that his labors and writings have
done much to open the eyes and hearts of mankind. He has visited all
Europe,—not to survey the sumptuousness of palaces or the stateliness of
temples, not to make accurate measurements of the remains of ancient
grandeur nor to form a scale of the curiosity of modern art, not to collect
medals or collate manuscripts,—but to dive into the depths of dungeons, to
plunge into the infection of hospitals, to survey the mansions of sorrow and
pain, to take the gauge and dimensions of misery, depression, and contempt,
to remember the forgotten, to attend to the neglected, to visit the forsaken,
and to compare and collate the distresses of all men in all countries. His
plan is original; and it is as full of genius as it is of humanity. It was a
voyage of discovery, a circumnavigation of charity. Already the benefit of
his labor is felt more or less in every country; I hope he will anticipate his
Page 330
final reward by seeing all its effects fully realized in his own. He will
receive, not by retail, but in gross, the reward of those who visit the
prisoner; and he has so forestalled and monopolized this branch of charity,
that there will be, I trust, little room to merit by such acts of benevolence
hereafter.
Nothing now remains to trouble you with but the fourth charge against
me,—the business of the Roman Catholics. It is a business closely
connected with the rest. They are all on one and the same principle. My
little scheme of conduct, such as it is, is all arranged. I could do nothing but
what I have done on this subject, without confounding the whole train of
my ideas and disturbing the whole order of my life. Gentlemen, I ought to
apologize to you for seeming to think anything at all necessary to be said
upon this matter. The calumny is fitter to be scrawled with the midnight
chalk of incendiaries, with "No Popery," on walls and doors of devoted
houses, than to be mentioned in any civilized company. I had heard that the
spirit of discontent on that subject was very prevalent here. With pleasure I
find that I have been grossly misinformed. If it exists at all in this city, the
laws have crushed its exertions, and our morals have shamed its appearance
in daylight. I have pursued this spirit wherever I could trace it; but it still
fled from me. It was a ghost which all had heard of, but none had seen.
None would acknowledge that he thought the public proceeding with regard
to our Catholic dissenters to be blamable; but several were sorry it had
made an ill impression upon others, and that my interest was hurt by my
share in the business. I find with satisfaction and pride, that not above four
or five in this city (and I dare say these misled by some gross
misrepresentation) have signed that symbol of delusion and bond of
sedition, that libel on the national religion and English character, the
Protestant Association. It is, therefore, Gentlemen, not by way of cure, but
of prevention, and lest the arts of wicked men may prevail over the integrity
of any one amongst us, that I think it necessary to open to you the merits of
receive, not by retail, but in gross, the reward of those who visit the
prisoner; and he has so forestalled and monopolized this branch of charity,
that there will be, I trust, little room to merit by such acts of benevolence
hereafter.
Nothing now remains to trouble you with but the fourth charge against
me,—the business of the Roman Catholics. It is a business closely
connected with the rest. They are all on one and the same principle. My
little scheme of conduct, such as it is, is all arranged. I could do nothing but
what I have done on this subject, without confounding the whole train of
my ideas and disturbing the whole order of my life. Gentlemen, I ought to
apologize to you for seeming to think anything at all necessary to be said
upon this matter. The calumny is fitter to be scrawled with the midnight
chalk of incendiaries, with "No Popery," on walls and doors of devoted
houses, than to be mentioned in any civilized company. I had heard that the
spirit of discontent on that subject was very prevalent here. With pleasure I
find that I have been grossly misinformed. If it exists at all in this city, the
laws have crushed its exertions, and our morals have shamed its appearance
in daylight. I have pursued this spirit wherever I could trace it; but it still
fled from me. It was a ghost which all had heard of, but none had seen.
None would acknowledge that he thought the public proceeding with regard
to our Catholic dissenters to be blamable; but several were sorry it had
made an ill impression upon others, and that my interest was hurt by my
share in the business. I find with satisfaction and pride, that not above four
or five in this city (and I dare say these misled by some gross
misrepresentation) have signed that symbol of delusion and bond of
sedition, that libel on the national religion and English character, the
Protestant Association. It is, therefore, Gentlemen, not by way of cure, but
of prevention, and lest the arts of wicked men may prevail over the integrity
of any one amongst us, that I think it necessary to open to you the merits of
Page 331
this transaction pretty much at large; and I beg your patience upon it: for,
although the reasonings that have been used to depreciate the act are of little
force, and though the authority of the men concerned in this ill design is not
very imposing, yet the audaciousness of these conspirators against the
national honor, and the extensive wickedness of their attempts, have raised
persons of little importance to a degree of evil eminence, and imparted a
sort of sinister dignity to proceedings that had their origin in only the
meanest and blindest malice.
In explaining to you the proceedings of Parliament which have been
complained of, I will state to you,—first, the thing that was done,—next,
the persons who did it,—and lastly, the grounds and reasons upon which the
legislature proceeded in this deliberate act of public justice and public
prudence.
Gentlemen, the condition of our nature is such that we buy our blessings
at a price. The Reformation, one of the greatest periods of human
improvement, was a time of trouble and confusion. The vast structure of
superstition and tyranny which had been for ages in rearing, and which was
combined with the interest of the great and of the many, which was
moulded into the laws, the manners, and civil institutions of nations, and
blended with the frame and policy of states, could not be brought to the
ground without a fearful struggle; nor could it fall without a violent
concussion of itself and all about it. When this great revolution was
attempted in a more regular mode by government, it was opposed by plots
and seditions of the people; when by popular efforts, it was repressed as
rebellion by the hand of power; and bloody executions (often bloodily
returned) marked the whole of its progress through all its stages. The affairs
of religion, which are no longer heard of in the tumult of our present
contentions, made a principal ingredient in the wars and politics of that
time: the enthusiasm of religion threw a gloom over the politics; and
although the reasonings that have been used to depreciate the act are of little
force, and though the authority of the men concerned in this ill design is not
very imposing, yet the audaciousness of these conspirators against the
national honor, and the extensive wickedness of their attempts, have raised
persons of little importance to a degree of evil eminence, and imparted a
sort of sinister dignity to proceedings that had their origin in only the
meanest and blindest malice.
In explaining to you the proceedings of Parliament which have been
complained of, I will state to you,—first, the thing that was done,—next,
the persons who did it,—and lastly, the grounds and reasons upon which the
legislature proceeded in this deliberate act of public justice and public
prudence.
Gentlemen, the condition of our nature is such that we buy our blessings
at a price. The Reformation, one of the greatest periods of human
improvement, was a time of trouble and confusion. The vast structure of
superstition and tyranny which had been for ages in rearing, and which was
combined with the interest of the great and of the many, which was
moulded into the laws, the manners, and civil institutions of nations, and
blended with the frame and policy of states, could not be brought to the
ground without a fearful struggle; nor could it fall without a violent
concussion of itself and all about it. When this great revolution was
attempted in a more regular mode by government, it was opposed by plots
and seditions of the people; when by popular efforts, it was repressed as
rebellion by the hand of power; and bloody executions (often bloodily
returned) marked the whole of its progress through all its stages. The affairs
of religion, which are no longer heard of in the tumult of our present
contentions, made a principal ingredient in the wars and politics of that
time: the enthusiasm of religion threw a gloom over the politics; and
Page 332
political interests poisoned and perverted the spirit of religion upon all
sides. The Protestant religion, in that violent struggle, infected, as the
Popish had been before, by worldly interests and worldly passions, became
a persecutor in its turn, sometimes of the new sects, which carried their own
principles further than it was convenient to the original reformers, and
always of the body from whom they parted: and this persecuting spirit
arose, not only from the bitterness of retaliation, but from the merciless
policy of fear.
It was long before the spirit of true piety and true wisdom, involved in
the principles of the Reformation, could be depurated from the dregs and
feculence of the contention with which it was carried through. However,
until this be done, the Reformation is not complete: and those who think
themselves good Protestants, from their animosity to others, are in that
respect no Protestants at all. It was at first thought necessary, perhaps, to
oppose to Popery another Popery, to get the better of it. Whatever was the
cause, laws were made in many countries, and in this kingdom in particular,
against Papists, which are as bloody as any of those which had been enacted
by the Popish princes and states: and where those laws were not bloody, in
my opinion, they were worse; as they were slow, cruel outrages on our
nature, and kept men alive only to insult in their persons every one of the
rights and feelings of humanity. I pass those statutes, because I would spare
your pious ears the repetition of such shocking things; and I come to that
particular law the repeal of which has produced so many unnatural and
unexpected consequences.
A statute was fabricated in the year 1699, by which the saying mass (a
church service in the Latin tongue, not exactly the same as our liturgy, but
very near it, and containing no offence whatsoever against the laws, or
against good morals) was forged into a crime, punishable with perpetual
imprisonment. The teaching school, an useful and virtuous occupation, even
sides. The Protestant religion, in that violent struggle, infected, as the
Popish had been before, by worldly interests and worldly passions, became
a persecutor in its turn, sometimes of the new sects, which carried their own
principles further than it was convenient to the original reformers, and
always of the body from whom they parted: and this persecuting spirit
arose, not only from the bitterness of retaliation, but from the merciless
policy of fear.
It was long before the spirit of true piety and true wisdom, involved in
the principles of the Reformation, could be depurated from the dregs and
feculence of the contention with which it was carried through. However,
until this be done, the Reformation is not complete: and those who think
themselves good Protestants, from their animosity to others, are in that
respect no Protestants at all. It was at first thought necessary, perhaps, to
oppose to Popery another Popery, to get the better of it. Whatever was the
cause, laws were made in many countries, and in this kingdom in particular,
against Papists, which are as bloody as any of those which had been enacted
by the Popish princes and states: and where those laws were not bloody, in
my opinion, they were worse; as they were slow, cruel outrages on our
nature, and kept men alive only to insult in their persons every one of the
rights and feelings of humanity. I pass those statutes, because I would spare
your pious ears the repetition of such shocking things; and I come to that
particular law the repeal of which has produced so many unnatural and
unexpected consequences.
A statute was fabricated in the year 1699, by which the saying mass (a
church service in the Latin tongue, not exactly the same as our liturgy, but
very near it, and containing no offence whatsoever against the laws, or
against good morals) was forged into a crime, punishable with perpetual
imprisonment. The teaching school, an useful and virtuous occupation, even
Page 333
the teaching in a private family, was in every Catholic subjected to the same
unproportioned punishment. Your industry, and the bread of your children,
was taxed for a pecuniary reward to stimulate avarice to do what Nature
refused, to inform and prosecute on this law. Every Roman Catholic was,
under the same act, to forfeit his estate to his nearest Protestant relation,
until, through a profession of what he did not believe, he redeemed by his
hypocrisy what the law had transferred to the kinsman as the recompense of
his profligacy. When thus turned out of doors from his paternal estate, he
was disabled from acquiring any other by any industry, donation, or charity;
but was rendered a foreigner in his native land, only because he retained the
religion, along with the property, handed down to him from those who had
been the old inhabitants of that land before him.
Does any one who hears me approve this scheme of things, or think there
is common justice, common sense, or common honesty in any part of it? If
any does, let him say it, and I am ready to discuss the point with temper and
candor. But instead of approving, I perceive a virtuous indignation
beginning to rise in your minds on the mere cold stating of the statute.
But what will you feel, when you know from history how this statute
passed, and what were the motives, and what the mode of making it? A
party in this nation, enemies to the system of the Revolution, were in
opposition to the government of King William. They knew that our glorious
deliverer was an enemy to all persecution. They knew that he came to free
us from slavery and Popery, out of a country where a third of the people are
contented Catholics under a Protestant government. He came with a part of
his army composed of those very Catholics, to overset the power of a
Popish prince. Such is the effect of a tolerating spirit; and so much is liberty
served in every way, and by all persons, by a manly adherence to its own
principles. Whilst freedom is true to itself, everything becomes subject to it,
and its very adversaries are an instrument in its hands.
unproportioned punishment. Your industry, and the bread of your children,
was taxed for a pecuniary reward to stimulate avarice to do what Nature
refused, to inform and prosecute on this law. Every Roman Catholic was,
under the same act, to forfeit his estate to his nearest Protestant relation,
until, through a profession of what he did not believe, he redeemed by his
hypocrisy what the law had transferred to the kinsman as the recompense of
his profligacy. When thus turned out of doors from his paternal estate, he
was disabled from acquiring any other by any industry, donation, or charity;
but was rendered a foreigner in his native land, only because he retained the
religion, along with the property, handed down to him from those who had
been the old inhabitants of that land before him.
Does any one who hears me approve this scheme of things, or think there
is common justice, common sense, or common honesty in any part of it? If
any does, let him say it, and I am ready to discuss the point with temper and
candor. But instead of approving, I perceive a virtuous indignation
beginning to rise in your minds on the mere cold stating of the statute.
But what will you feel, when you know from history how this statute
passed, and what were the motives, and what the mode of making it? A
party in this nation, enemies to the system of the Revolution, were in
opposition to the government of King William. They knew that our glorious
deliverer was an enemy to all persecution. They knew that he came to free
us from slavery and Popery, out of a country where a third of the people are
contented Catholics under a Protestant government. He came with a part of
his army composed of those very Catholics, to overset the power of a
Popish prince. Such is the effect of a tolerating spirit; and so much is liberty
served in every way, and by all persons, by a manly adherence to its own
principles. Whilst freedom is true to itself, everything becomes subject to it,
and its very adversaries are an instrument in its hands.
Page 334
The party I speak of (like some amongst us who would disparage the best
friends of their country) resolved to make the king either violate his
principles of toleration or incur the odium of protecting Papists. They
therefore brought in this bill, and made it purposely wicked and absurd that
it might be rejected. The then court party, discovering their game, turned the
tables on them, and returned their bill to them stuffed with still greater
absurdities, that its loss might lie upon its original authors. They, finding
their own ball thrown back to them, kicked it back again to their
adversaries. And thus this act, loaded with the double injustice of two
parties, neither of whom intended to pass what they hoped the other would
be persuaded to reject, went through the legislature, contrary to the real
wish of all parts of it, and of all the parties that composed it. In this manner
these insolent and profligate factions, as if they were playing with balls and
counters, made a sport of the fortunes and the liberties of their fellow-
creatures. Other acts of persecution have been acts of malice. This was a
subversion of justice from wantonness and petulance. Look into the history
of Bishop Burnet. He is a witness without exception.
The effects of the act have been as mischievous as its origin was
ludicrous and shameful. From that time, every person of that communion,
lay and ecclesiastic, has been obliged to fly from the face of day. The
clergy, concealed in garrets of private houses, or obliged to take a shelter
(hardly safe to themselves, but infinitely dangerous to their country) under
the privileges of foreign ministers, officiated as their servants and under
their protection. The whole body of the Catholics, condemned to beggary
and to ignorance in their native land, have been obliged to learn the
principles of letters, at the hazard of all their other principles, from the
charity of your enemies. They have been taxed to their ruin at the pleasure
of necessitous and profligate relations, and according to the measure of
their necessity and profligacy. Examples of this are many and affecting.
Some of them are known by a friend who stands near me in this hall. It is
friends of their country) resolved to make the king either violate his
principles of toleration or incur the odium of protecting Papists. They
therefore brought in this bill, and made it purposely wicked and absurd that
it might be rejected. The then court party, discovering their game, turned the
tables on them, and returned their bill to them stuffed with still greater
absurdities, that its loss might lie upon its original authors. They, finding
their own ball thrown back to them, kicked it back again to their
adversaries. And thus this act, loaded with the double injustice of two
parties, neither of whom intended to pass what they hoped the other would
be persuaded to reject, went through the legislature, contrary to the real
wish of all parts of it, and of all the parties that composed it. In this manner
these insolent and profligate factions, as if they were playing with balls and
counters, made a sport of the fortunes and the liberties of their fellow-
creatures. Other acts of persecution have been acts of malice. This was a
subversion of justice from wantonness and petulance. Look into the history
of Bishop Burnet. He is a witness without exception.
The effects of the act have been as mischievous as its origin was
ludicrous and shameful. From that time, every person of that communion,
lay and ecclesiastic, has been obliged to fly from the face of day. The
clergy, concealed in garrets of private houses, or obliged to take a shelter
(hardly safe to themselves, but infinitely dangerous to their country) under
the privileges of foreign ministers, officiated as their servants and under
their protection. The whole body of the Catholics, condemned to beggary
and to ignorance in their native land, have been obliged to learn the
principles of letters, at the hazard of all their other principles, from the
charity of your enemies. They have been taxed to their ruin at the pleasure
of necessitous and profligate relations, and according to the measure of
their necessity and profligacy. Examples of this are many and affecting.
Some of them are known by a friend who stands near me in this hall. It is
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but six or seven years since a clergyman, of the name of Malony, a man of
morals, neither guilty nor accused of anything noxious to the state, was
condemned to perpetual imprisonment for exercising the functions of his
religion; and after lying in jail two or three years, was relieved by the mercy
of government from perpetual imprisonment, on condition of perpetual
banishment. A brother of the Earl of Shrewsbury, a Talbot, a name
respectable in this country whilst its glory is any part of its concern, was
hauled to the bar of the Old Bailey, among common felons, and only
escaped the same doom, either by some error in the process, or that the
wretch who brought him there could not correctly describe his person,—I
now forget which. In short, the persecution would never have relented for a
moment, if the judges, superseding (though with an ambiguous example)
the strict rule of their artificial duty by the higher obligation of their
conscience, did not constantly throw every difficulty in the way of such
informers. But so ineffectual is the power of legal evasion against legal
iniquity, that it was but the other day that a lady of condition, beyond the
middle of life, was on the point of being stripped of her whole fortune by a
near relation to whom she had been a friend and benefactor; and she must
have been totally ruined, without a power of redress or mitigation from the
courts of law, had not the legislature itself rushed in, and by a special act of
Parliament rescued her from the injustice of its own statutes. One of the acts
authorizing such things was that which we in part repealed, knowing what
our duty was, and doing that duty as men of honor and virtue, as good
Protestants, and as good citizens. Let him stand forth that disapproves what
we have done!
Gentlemen, bad laws are the worst sort of tyranny. In such a country as
this they are of all bad things the worst,—worse by far than anywhere else;
and they derive a particular malignity even from the wisdom and soundness
of the rest of our institutions. For very obvious reasons you cannot trust the
crown with a dispensing power over any of your laws. However, a
morals, neither guilty nor accused of anything noxious to the state, was
condemned to perpetual imprisonment for exercising the functions of his
religion; and after lying in jail two or three years, was relieved by the mercy
of government from perpetual imprisonment, on condition of perpetual
banishment. A brother of the Earl of Shrewsbury, a Talbot, a name
respectable in this country whilst its glory is any part of its concern, was
hauled to the bar of the Old Bailey, among common felons, and only
escaped the same doom, either by some error in the process, or that the
wretch who brought him there could not correctly describe his person,—I
now forget which. In short, the persecution would never have relented for a
moment, if the judges, superseding (though with an ambiguous example)
the strict rule of their artificial duty by the higher obligation of their
conscience, did not constantly throw every difficulty in the way of such
informers. But so ineffectual is the power of legal evasion against legal
iniquity, that it was but the other day that a lady of condition, beyond the
middle of life, was on the point of being stripped of her whole fortune by a
near relation to whom she had been a friend and benefactor; and she must
have been totally ruined, without a power of redress or mitigation from the
courts of law, had not the legislature itself rushed in, and by a special act of
Parliament rescued her from the injustice of its own statutes. One of the acts
authorizing such things was that which we in part repealed, knowing what
our duty was, and doing that duty as men of honor and virtue, as good
Protestants, and as good citizens. Let him stand forth that disapproves what
we have done!
Gentlemen, bad laws are the worst sort of tyranny. In such a country as
this they are of all bad things the worst,—worse by far than anywhere else;
and they derive a particular malignity even from the wisdom and soundness
of the rest of our institutions. For very obvious reasons you cannot trust the
crown with a dispensing power over any of your laws. However, a
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government, be it as bad as it may, will, in the exercise of a discretionary
power, discriminate times and persons, and will not ordinarily pursue any
man, when its own safety is not concerned. A mercenary informer knows no
distinction. Under such a system, the obnoxious people are slaves not only
to the government, but they live at the mercy of every individual; they are at
once the slaves of the whole community and of every part of it; and the
worst and most unmerciful men are those on whose goodness they most
depend.
In this situation, men not only shrink from the frowns of a stern
magistrate, but they are obliged to fly from their very species. The seeds of
destruction are sown in civil intercourse, in social habitudes. The blood of
wholesome kindred is infected. Their tables and beds are surrounded with
snares. All the means given by Providence to make life safe and
comfortable are perverted into instruments of terror and torment. This
species of universal subserviency, that makes the very servant who waits
behind your chair the arbiter of your life and fortune, has such a tendency to
degrade and abase mankind, and to deprive them of that assured and liberal
state of mind which alone can make us what we ought to be, that I vow to
God I would sooner bring myself to put a man to immediate death for
opinions I disliked, and so to get rid of the man and his opinions at once,
than to fret him with a feverish being, tainted with the jail-distemper of a
contagious servitude, to keep him above ground an animated mass of
putrefaction, corrupted himself, and corrupting all about him.
The act repealed was of this direct tendency; and it was made in the
manner which I have related to you. I will now tell you by whom the bill of
repeal was brought into Parliament. I find it has been industriously given
out in this city (from kindness to me, unquestionably) that I was the mover
or the seconder. The fact is, I did not once open my lips on the subject
during the whole progress of the bill. I do not say this as disclaiming my
power, discriminate times and persons, and will not ordinarily pursue any
man, when its own safety is not concerned. A mercenary informer knows no
distinction. Under such a system, the obnoxious people are slaves not only
to the government, but they live at the mercy of every individual; they are at
once the slaves of the whole community and of every part of it; and the
worst and most unmerciful men are those on whose goodness they most
depend.
In this situation, men not only shrink from the frowns of a stern
magistrate, but they are obliged to fly from their very species. The seeds of
destruction are sown in civil intercourse, in social habitudes. The blood of
wholesome kindred is infected. Their tables and beds are surrounded with
snares. All the means given by Providence to make life safe and
comfortable are perverted into instruments of terror and torment. This
species of universal subserviency, that makes the very servant who waits
behind your chair the arbiter of your life and fortune, has such a tendency to
degrade and abase mankind, and to deprive them of that assured and liberal
state of mind which alone can make us what we ought to be, that I vow to
God I would sooner bring myself to put a man to immediate death for
opinions I disliked, and so to get rid of the man and his opinions at once,
than to fret him with a feverish being, tainted with the jail-distemper of a
contagious servitude, to keep him above ground an animated mass of
putrefaction, corrupted himself, and corrupting all about him.
The act repealed was of this direct tendency; and it was made in the
manner which I have related to you. I will now tell you by whom the bill of
repeal was brought into Parliament. I find it has been industriously given
out in this city (from kindness to me, unquestionably) that I was the mover
or the seconder. The fact is, I did not once open my lips on the subject
during the whole progress of the bill. I do not say this as disclaiming my
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share in that measure. Very far from it. I inform you of this fact, lest I
should seem to arrogate to myself the merits which belong to others. To
have been the man chosen out to redeem our fellow-citizens from slavery,
to purify our laws from absurdity and injustice, and to cleanse our religion
from the blot and stain of persecution, would be an honor and happiness to
which my wishes would undoubtedly aspire, but to which nothing but my
wishes could possibly have entitled me. That great work was in hands in
every respect far better qualified than mine. The mover of the bill was Sir
George Savile.
When an act of great and signal humanity was to be done, and done with
all the weight and authority that belonged to it, the world could cast its eyes
upon none but him. I hope that few things which have a tendency to bless or
to adorn life have wholly escaped my observation in my passage through it.
I have sought the acquaintance of that gentleman, and have seen him in all
situations. He is a true genius; with an understanding vigorous, and acute,
and refined, and distinguishing even to excess; and illuminated with a most
unbounded, peculiar, and original cast of imagination. With these he
possesses many external and instrumental advantages; and he makes use of
them all. His fortune is among the largest,—a fortune which, wholly
unincumbered as it is with one single charge from luxury, vanity, or excess,
sinks under the benevolence of its dispenser. This private benevolence,
expanding itself into patriotism, renders his whole being the estate of the
public, in which he has not reserved a peculium for himself of profit,
diversion, or relaxation. During the session the first in and the last out of the
House of Commons, he passes from the senate to the camp; and seldom
seeing the seat of his ancestors, he is always in Parliament to serve his
country or in the field to defend it. But in all well-wrought compositions
some particulars stand out more eminently than the rest; and the things
which will carry his name to posterity are his two bills: I mean that for a
limitation of the claims of the crown upon landed estates, and this for the
should seem to arrogate to myself the merits which belong to others. To
have been the man chosen out to redeem our fellow-citizens from slavery,
to purify our laws from absurdity and injustice, and to cleanse our religion
from the blot and stain of persecution, would be an honor and happiness to
which my wishes would undoubtedly aspire, but to which nothing but my
wishes could possibly have entitled me. That great work was in hands in
every respect far better qualified than mine. The mover of the bill was Sir
George Savile.
When an act of great and signal humanity was to be done, and done with
all the weight and authority that belonged to it, the world could cast its eyes
upon none but him. I hope that few things which have a tendency to bless or
to adorn life have wholly escaped my observation in my passage through it.
I have sought the acquaintance of that gentleman, and have seen him in all
situations. He is a true genius; with an understanding vigorous, and acute,
and refined, and distinguishing even to excess; and illuminated with a most
unbounded, peculiar, and original cast of imagination. With these he
possesses many external and instrumental advantages; and he makes use of
them all. His fortune is among the largest,—a fortune which, wholly
unincumbered as it is with one single charge from luxury, vanity, or excess,
sinks under the benevolence of its dispenser. This private benevolence,
expanding itself into patriotism, renders his whole being the estate of the
public, in which he has not reserved a peculium for himself of profit,
diversion, or relaxation. During the session the first in and the last out of the
House of Commons, he passes from the senate to the camp; and seldom
seeing the seat of his ancestors, he is always in Parliament to serve his
country or in the field to defend it. But in all well-wrought compositions
some particulars stand out more eminently than the rest; and the things
which will carry his name to posterity are his two bills: I mean that for a
limitation of the claims of the crown upon landed estates, and this for the
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relief of the Roman Catholics. By the former he has emancipated property;
by the latter he has quieted conscience; and by both he has taught that grand
lesson to government and subject,—no longer to regard each other as
adverse parties.
Such was the mover of the act that is complained of by men who are not
quite so good as he is,—an act most assuredly not brought in by him from
any partiality to that sect which is the object of it. For among his faults I
really cannot help reckoning a greater degree of prejudice against that
people than becomes so wise a man. I know that he inclines to a sort of
disgust, mixed with a considerable degree of asperity, to the system; and he
has few, or rather no habits with any of its professors. What he has done
was on quite other motives. The motives were these, which he declared in
his excellent speech on his motion for the bill: namely, his extreme zeal to
the Protestant religion, which he thought utterly disgraced by the act of
1699; and his rooted hatred to all kind of oppression, under any color, or
upon any pretence whatsoever.
The seconder was worthy of the mover and the motion. I was not the
seconder; it was Mr. Dunning, recorder of this city. I shall say the less of
him because his near relation to you makes you more particularly
acquainted with his merits. But I should appear little acquainted with them,
or little sensible of them, if I could utter his name on this occasion without
expressing my esteem for his character. I am not afraid of offending a most
learned body, and most jealous of its reputation for that learning, when I say
he is the first of his profession. It is a point settled by those who settle
everything else; and I must add (what I am enabled to say from my own
long and close observation) that there is not a man, of any profession, or in
any situation, of a more erect and independent spirit, of a more proud honor,
a more manly mind, a more firm and determined integrity. Assure
by the latter he has quieted conscience; and by both he has taught that grand
lesson to government and subject,—no longer to regard each other as
adverse parties.
Such was the mover of the act that is complained of by men who are not
quite so good as he is,—an act most assuredly not brought in by him from
any partiality to that sect which is the object of it. For among his faults I
really cannot help reckoning a greater degree of prejudice against that
people than becomes so wise a man. I know that he inclines to a sort of
disgust, mixed with a considerable degree of asperity, to the system; and he
has few, or rather no habits with any of its professors. What he has done
was on quite other motives. The motives were these, which he declared in
his excellent speech on his motion for the bill: namely, his extreme zeal to
the Protestant religion, which he thought utterly disgraced by the act of
1699; and his rooted hatred to all kind of oppression, under any color, or
upon any pretence whatsoever.
The seconder was worthy of the mover and the motion. I was not the
seconder; it was Mr. Dunning, recorder of this city. I shall say the less of
him because his near relation to you makes you more particularly
acquainted with his merits. But I should appear little acquainted with them,
or little sensible of them, if I could utter his name on this occasion without
expressing my esteem for his character. I am not afraid of offending a most
learned body, and most jealous of its reputation for that learning, when I say
he is the first of his profession. It is a point settled by those who settle
everything else; and I must add (what I am enabled to say from my own
long and close observation) that there is not a man, of any profession, or in
any situation, of a more erect and independent spirit, of a more proud honor,
a more manly mind, a more firm and determined integrity. Assure
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yourselves, that the names of two such men will bear a great load of
prejudice in the other scale before they can be entirely outweighed.
With this mover and this seconder agreed the whole House of Commons,
the whole House of Lords, the whole Bench of Bishops, the king, the
ministry, the opposition, all the distinguished clergy of the Establishment,
all the eminent lights (for they were consulted) of the dissenting churches.
This according voice of national wisdom ought to be listened to with
reverence. To say that all these descriptions of Englishmen unanimously
concurred in a scheme for introducing the Catholic religion, or that none of
them understood the nature and effects of what they were doing so well as a
few obscure clubs of people whose names you never heard of, is
shamelessly absurd. Surely it is paying a miserable compliment to the
religion we profess, to suggest that everything eminent in the kingdom is
indifferent or even adverse to that religion, and that its security is wholly
abandoned to the zeal of those who have nothing but their zeal to
distinguish them. In weighing this unanimous concurrence of whatever the
nation has to boast of, I hope you will recollect that all these concurring
parties do by no means love one another enough to agree in any point which
was not both evidently and importantly right.
To prove this, to prove that the measure was both clearly and materially
proper, I will next lay before you (as I promised) the political grounds and
reasons for the repeal of that penal statute, and the motives to its repeal at
that particular time.
Gentlemen, America—When the English nation seemed to be
dangerously, if not irrecoverably divided,—when one, and that the most
growing branch, was torn from the parent stock, and ingrafted on the power
of France, a great terror fell upon this kingdom. On a sudden we awakened
from our dreams of conquest, and saw ourselves threatened with an
prejudice in the other scale before they can be entirely outweighed.
With this mover and this seconder agreed the whole House of Commons,
the whole House of Lords, the whole Bench of Bishops, the king, the
ministry, the opposition, all the distinguished clergy of the Establishment,
all the eminent lights (for they were consulted) of the dissenting churches.
This according voice of national wisdom ought to be listened to with
reverence. To say that all these descriptions of Englishmen unanimously
concurred in a scheme for introducing the Catholic religion, or that none of
them understood the nature and effects of what they were doing so well as a
few obscure clubs of people whose names you never heard of, is
shamelessly absurd. Surely it is paying a miserable compliment to the
religion we profess, to suggest that everything eminent in the kingdom is
indifferent or even adverse to that religion, and that its security is wholly
abandoned to the zeal of those who have nothing but their zeal to
distinguish them. In weighing this unanimous concurrence of whatever the
nation has to boast of, I hope you will recollect that all these concurring
parties do by no means love one another enough to agree in any point which
was not both evidently and importantly right.
To prove this, to prove that the measure was both clearly and materially
proper, I will next lay before you (as I promised) the political grounds and
reasons for the repeal of that penal statute, and the motives to its repeal at
that particular time.
Gentlemen, America—When the English nation seemed to be
dangerously, if not irrecoverably divided,—when one, and that the most
growing branch, was torn from the parent stock, and ingrafted on the power
of France, a great terror fell upon this kingdom. On a sudden we awakened
from our dreams of conquest, and saw ourselves threatened with an
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immediate invasion, which we were at that time very ill prepared to resist.
You remember the cloud that gloomed over us all. In that hour of our
dismay, from the bottom of the hiding-places into which the indiscriminate
rigor of our statutes had driven them, came out the body of the Roman
Catholics. They appeared before the steps of a tottering throne, with one of
the most sober, measured, steady, and dutiful addresses that was ever
presented to the crown. It was no holiday ceremony, no anniversary
compliment of parade and show. It was signed by almost every gentleman
of that persuasion, of note or property, in England. At such a crisis, nothing
but a decided resolution to stand or fall with their country could have
dictated such an address, the direct tendency of which was to cut off all
retreat, and to render them peculiarly obnoxious to an invader of their own
communion. The address showed what I long languished to see, that all the
subjects of England had cast off all foreign views and connections, and that
every man looked for his relief from every grievance at the hands only of
his own natural government.
It was necessary, on our part, that the natural government should show
itself worthy of that name. It was necessary, at the crisis I speak of, that the
supreme power of the state should meet the conciliatory dispositions of the
subject. To delay protection would be to reject allegiance. And why should
it be rejected, or even coldly and suspiciously received? If any independent
Catholic state should choose to take part with this kingdom in a war with
France and Spain, that bigot (if such a bigot could be found) would be heard
with little respect, who could dream of objecting his religion to an ally
whom the nation would not only receive with its freest thanks, but purchase
with the last remains of its exhausted treasure. To such an ally we should
not dare to whisper a single syllable of those base and invidious topics upon
which some unhappy men would persuade the state to reject the duty and
allegiance of its own members. Is it, then, because foreigners are in a
condition to set our malice at defiance, that with them we are willing to
You remember the cloud that gloomed over us all. In that hour of our
dismay, from the bottom of the hiding-places into which the indiscriminate
rigor of our statutes had driven them, came out the body of the Roman
Catholics. They appeared before the steps of a tottering throne, with one of
the most sober, measured, steady, and dutiful addresses that was ever
presented to the crown. It was no holiday ceremony, no anniversary
compliment of parade and show. It was signed by almost every gentleman
of that persuasion, of note or property, in England. At such a crisis, nothing
but a decided resolution to stand or fall with their country could have
dictated such an address, the direct tendency of which was to cut off all
retreat, and to render them peculiarly obnoxious to an invader of their own
communion. The address showed what I long languished to see, that all the
subjects of England had cast off all foreign views and connections, and that
every man looked for his relief from every grievance at the hands only of
his own natural government.
It was necessary, on our part, that the natural government should show
itself worthy of that name. It was necessary, at the crisis I speak of, that the
supreme power of the state should meet the conciliatory dispositions of the
subject. To delay protection would be to reject allegiance. And why should
it be rejected, or even coldly and suspiciously received? If any independent
Catholic state should choose to take part with this kingdom in a war with
France and Spain, that bigot (if such a bigot could be found) would be heard
with little respect, who could dream of objecting his religion to an ally
whom the nation would not only receive with its freest thanks, but purchase
with the last remains of its exhausted treasure. To such an ally we should
not dare to whisper a single syllable of those base and invidious topics upon
which some unhappy men would persuade the state to reject the duty and
allegiance of its own members. Is it, then, because foreigners are in a
condition to set our malice at defiance, that with them we are willing to
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contract engagements of friendship, and to keep them with fidelity and
honor, but that, because we conceive some descriptions of our countrymen
are not powerful enough to punish our malignity, we will not permit them to
support our common interest? Is it on that ground that our anger is to be
kindled by their offered kindness? Is it on that ground that they are to be
subjected to penalties, because they are willing by actual merit to purge
themselves from imputed crimes? Lest by an adherence to the cause of their
country they should acquire a title to fair and equitable treatment, are we
resolved to furnish them with causes of eternal enmity, and rather supply
them with just and founded motives to disaffection than not to have that
disaffection in existence to justify an oppression which, not from policy, but
disposition, we have predetermined to exercise?
What shadow of reason could be assigned, why, at a time when the most
Protestant part of this Protestant empire found it for its advantage to unite
with the two principal Popish states, to unite itself in the closest bonds with
France and Spain, for our destruction, that we should refuse to unite with
our own Catholic countrymen for our own preservation? Ought we, like
madmen, to tear off the plasters that the lenient hand of prudence had
spread over the wounds and gashes which in our delirium of ambition we
had given to our own body? No person ever reprobated the American war
more than I did, and do, and ever shall. But I never will consent that we
should lay additional, voluntary penalties on ourselves, for a fault which
carries but too much of its own punishment in its own nature. For one, I was
delighted with the proposal of internal peace. I accepted the blessing with
thankfulness and transport. I was truly happy to find one good effect of our
civil distractions: that they had put an end to all religious strife and heart-
burning in our own bowels. What must be the sentiments of a man who
would wish to perpetuate domestic hostility when the causes of dispute are
at an end, and who, crying out for peace with one part of the nation on the
honor, but that, because we conceive some descriptions of our countrymen
are not powerful enough to punish our malignity, we will not permit them to
support our common interest? Is it on that ground that our anger is to be
kindled by their offered kindness? Is it on that ground that they are to be
subjected to penalties, because they are willing by actual merit to purge
themselves from imputed crimes? Lest by an adherence to the cause of their
country they should acquire a title to fair and equitable treatment, are we
resolved to furnish them with causes of eternal enmity, and rather supply
them with just and founded motives to disaffection than not to have that
disaffection in existence to justify an oppression which, not from policy, but
disposition, we have predetermined to exercise?
What shadow of reason could be assigned, why, at a time when the most
Protestant part of this Protestant empire found it for its advantage to unite
with the two principal Popish states, to unite itself in the closest bonds with
France and Spain, for our destruction, that we should refuse to unite with
our own Catholic countrymen for our own preservation? Ought we, like
madmen, to tear off the plasters that the lenient hand of prudence had
spread over the wounds and gashes which in our delirium of ambition we
had given to our own body? No person ever reprobated the American war
more than I did, and do, and ever shall. But I never will consent that we
should lay additional, voluntary penalties on ourselves, for a fault which
carries but too much of its own punishment in its own nature. For one, I was
delighted with the proposal of internal peace. I accepted the blessing with
thankfulness and transport. I was truly happy to find one good effect of our
civil distractions: that they had put an end to all religious strife and heart-
burning in our own bowels. What must be the sentiments of a man who
would wish to perpetuate domestic hostility when the causes of dispute are
at an end, and who, crying out for peace with one part of the nation on the
Page 342
most humiliating terms, should deny it to those who offer friendship
without any terms at all?
But if I was unable to reconcile such a denial to the contracted principles
of local duty, what answer could I give to the broad claims of general
humanity? I confess to you freely, that the sufferings and distresses of the
people of America in this cruel war have at times affected me more deeply
than I can express. I felt every gazette of triumph as a blow upon my heart,
which has an hundred times sunk and fainted within me at all the mischiefs
brought upon those who bear the whole brunt of war in the heart of their
country. Yet the Americans are utter strangers to me; a nation among whom
I am not sure that I have a single acquaintance. Was I to suffer my mind to
be so unaccountably warped, was I to keep such iniquitous weights and
measures of temper and of reason, as to sympathize with those who are in
open rebellion against an authority which I respect, at war with a country
which by every title ought to be, and is, most dear to me,—and yet to have
no feeling at all for the hardships and indignities suffered by men who by
their very vicinity are bound up in a nearer relation to us, who contribute
their share, and more than their share, to the common prosperity, who
perform the common offices of social life, and who obey the laws, to the
full as well as I do? Gentlemen, the danger to the state being out of the
question, (of which, let me tell you, statesmen themselves are apt to have
but too exquisite a sense,) I could assign no one reason of justice, policy, or
feeling, for not concurring most cordially, as most cordially I did concur, in
softening some part of that shameful servitude under which several of my
worthy fellow-citizens were groaning.
Important effects followed this act of wisdom. They appeared at home
and abroad, to the great benefit of this kingdom, and, let me hope, to the
advantage of mankind at large. It betokened union among ourselves. It
showed soundness, even on the part of the persecuted, which generally is
without any terms at all?
But if I was unable to reconcile such a denial to the contracted principles
of local duty, what answer could I give to the broad claims of general
humanity? I confess to you freely, that the sufferings and distresses of the
people of America in this cruel war have at times affected me more deeply
than I can express. I felt every gazette of triumph as a blow upon my heart,
which has an hundred times sunk and fainted within me at all the mischiefs
brought upon those who bear the whole brunt of war in the heart of their
country. Yet the Americans are utter strangers to me; a nation among whom
I am not sure that I have a single acquaintance. Was I to suffer my mind to
be so unaccountably warped, was I to keep such iniquitous weights and
measures of temper and of reason, as to sympathize with those who are in
open rebellion against an authority which I respect, at war with a country
which by every title ought to be, and is, most dear to me,—and yet to have
no feeling at all for the hardships and indignities suffered by men who by
their very vicinity are bound up in a nearer relation to us, who contribute
their share, and more than their share, to the common prosperity, who
perform the common offices of social life, and who obey the laws, to the
full as well as I do? Gentlemen, the danger to the state being out of the
question, (of which, let me tell you, statesmen themselves are apt to have
but too exquisite a sense,) I could assign no one reason of justice, policy, or
feeling, for not concurring most cordially, as most cordially I did concur, in
softening some part of that shameful servitude under which several of my
worthy fellow-citizens were groaning.
Important effects followed this act of wisdom. They appeared at home
and abroad, to the great benefit of this kingdom, and, let me hope, to the
advantage of mankind at large. It betokened union among ourselves. It
showed soundness, even on the part of the persecuted, which generally is
Page 343
the weak side of every community. But its most essential operation was not
in England. The act was immediately, though very imperfectly, copied in
Ireland; and this imperfect transcript of an imperfect act, this first faint
sketch of toleration, which did little more than disclose a principle and mark
out a disposition, completed in a most wonderful manner the reunion to the
state of all the Catholics of that country. It made us what we ought always
to have been, one family, one body, one heart and soul, against the family
combination and all other combinations of our enemies. We have, indeed,
obligations to that people, who received such small benefits with so much
gratitude, and for which gratitude and attachment to us I am afraid they
have suffered not a little in other places.
I dare say you have all hoard of the privileges indulged to the Irish
Catholics residing in Spain. You have likewise heard with what
circumstances of severity they have been lately expelled from the seaports
of that kingdom, driven into the inland cities, and there detained as a sort of
prisoners of state. I have good reason to believe that it was the zeal to our
government and our cause (somewhat indiscreetly expressed in one of the
addresses of the Catholics of Ireland) which has thus drawn down on their
heads the indignation of the court of Madrid, to the inexpressible loss of
several individuals, and, in future, perhaps to the great detriment of the
whole of their body. Now that our people should be persecuted in Spain for
their attachment to this country, and persecuted in this country for their
supposed enmity to us, is such a jarring reconciliation of contradictory
distresses, is a thing at once so dreadful and ridiculous, that no malice short
of diabolical would wish to continue any human creatures in such a
situation. But honest men will not forget either their merit or their
sufferings. There are men (and many, I trust, there are) who, out of love to
their country and their kind, would torture their invention to find excuses
for the mistakes of their brethren, and who, to stifle dissension, would
construe even doubtful appearances with the utmost favor: such men will
in England. The act was immediately, though very imperfectly, copied in
Ireland; and this imperfect transcript of an imperfect act, this first faint
sketch of toleration, which did little more than disclose a principle and mark
out a disposition, completed in a most wonderful manner the reunion to the
state of all the Catholics of that country. It made us what we ought always
to have been, one family, one body, one heart and soul, against the family
combination and all other combinations of our enemies. We have, indeed,
obligations to that people, who received such small benefits with so much
gratitude, and for which gratitude and attachment to us I am afraid they
have suffered not a little in other places.
I dare say you have all hoard of the privileges indulged to the Irish
Catholics residing in Spain. You have likewise heard with what
circumstances of severity they have been lately expelled from the seaports
of that kingdom, driven into the inland cities, and there detained as a sort of
prisoners of state. I have good reason to believe that it was the zeal to our
government and our cause (somewhat indiscreetly expressed in one of the
addresses of the Catholics of Ireland) which has thus drawn down on their
heads the indignation of the court of Madrid, to the inexpressible loss of
several individuals, and, in future, perhaps to the great detriment of the
whole of their body. Now that our people should be persecuted in Spain for
their attachment to this country, and persecuted in this country for their
supposed enmity to us, is such a jarring reconciliation of contradictory
distresses, is a thing at once so dreadful and ridiculous, that no malice short
of diabolical would wish to continue any human creatures in such a
situation. But honest men will not forget either their merit or their
sufferings. There are men (and many, I trust, there are) who, out of love to
their country and their kind, would torture their invention to find excuses
for the mistakes of their brethren, and who, to stifle dissension, would
construe even doubtful appearances with the utmost favor: such men will
Page 344
never persuade themselves to be ingenious and refined in discovering
disaffection and treason in the manifest, palpable signs of suffering loyalty.
Persecution is so unnatural to them, that they gladly snatch the very first
opportunity of laying aside all the tricks and devices of penal politics, and
of returning home, after all their irksome and vexatious wanderings, to our
natural family mansion, to the grand social principle that unites all men, in
all descriptions, under the shadow of an equal and impartial justice.
Men of another sort, I mean the bigoted enemies to liberty, may, perhaps,
in their politics, make no account of the good or ill affection of the
Catholics of England, who are but an handful of people, (enough to
torment, but not enough to fear,) perhaps not so many, of both sexes and of
all ages, as fifty thousand. But, Gentlemen, it is possible you may not know
that the people of that persuasion in Ireland amount at least to sixteen or
seventeen hundred thousand souls. I do not at all exaggerate the number. A
nation to be persecuted! Whilst we were masters of the sea, embodied with
America, and in alliance with half the powers of the Continent, we might,
perhaps, in that remote corner of Europe, afford to tyrannize with impunity.
But there is a revolution in our affairs, which makes it prudent to be just. In
our late awkward contest with Ireland about trade, had religion been thrown
in, to ferment and embitter the mass of discontents, the consequences might
have been truly dreadful. But, very happily, that cause of quarrel was
previously quieted by the wisdom of the acts I am commending.
Even in England, where I admit the danger from the discontent of that
persuasion to be less than in Ireland, yet even here, had we listened to the
counsels of fanaticism and folly, we might have wounded ourselves very
deeply, and wounded ourselves in a very tender part. You are apprised that
the Catholics of England consist mostly of our best manufacturers. Had the
legislature chosen, instead of returning their declarations of duty with
correspondent good-will, to drive them to despair, there is a country at their
disaffection and treason in the manifest, palpable signs of suffering loyalty.
Persecution is so unnatural to them, that they gladly snatch the very first
opportunity of laying aside all the tricks and devices of penal politics, and
of returning home, after all their irksome and vexatious wanderings, to our
natural family mansion, to the grand social principle that unites all men, in
all descriptions, under the shadow of an equal and impartial justice.
Men of another sort, I mean the bigoted enemies to liberty, may, perhaps,
in their politics, make no account of the good or ill affection of the
Catholics of England, who are but an handful of people, (enough to
torment, but not enough to fear,) perhaps not so many, of both sexes and of
all ages, as fifty thousand. But, Gentlemen, it is possible you may not know
that the people of that persuasion in Ireland amount at least to sixteen or
seventeen hundred thousand souls. I do not at all exaggerate the number. A
nation to be persecuted! Whilst we were masters of the sea, embodied with
America, and in alliance with half the powers of the Continent, we might,
perhaps, in that remote corner of Europe, afford to tyrannize with impunity.
But there is a revolution in our affairs, which makes it prudent to be just. In
our late awkward contest with Ireland about trade, had religion been thrown
in, to ferment and embitter the mass of discontents, the consequences might
have been truly dreadful. But, very happily, that cause of quarrel was
previously quieted by the wisdom of the acts I am commending.
Even in England, where I admit the danger from the discontent of that
persuasion to be less than in Ireland, yet even here, had we listened to the
counsels of fanaticism and folly, we might have wounded ourselves very
deeply, and wounded ourselves in a very tender part. You are apprised that
the Catholics of England consist mostly of our best manufacturers. Had the
legislature chosen, instead of returning their declarations of duty with
correspondent good-will, to drive them to despair, there is a country at their
Page 345
very door to which they would be invited,—a country in all respects as
good as ours, and with the finest cities in the world ready built to receive
them. And thus the bigotry of a free country, and in an enlightened age,
would have repeopled the cities of Flanders, which, in the darkness of two
hundred years ago, had been desolated by the superstition of a cruel tyrant.
Oar manufactures were the growth of the persecutions in the Low
Countries. What a spectacle would it be to Europe, to see us at this time of
day balancing the account of tyranny with those very countries, and by our
persecutions driving back trade and manufacture, as a sort of vagabonds, to
their original settlement! But I trust we shall be saved this last of disgraces.
So far as to the effect of the act on the interests of this nation. With
regard to the interests of mankind at large, I am sure the benefit was very
considerable. Long before this act, indeed, the spirit of toleration began to
gain ground in Europe. In Holland the third part of the people are Catholics;
they live at ease, and are a sound part of the state. In many parts of
Germany, Protestants and Papists partake the same cities, the same councils,
and even the same churches. The unbounded liberality of the king of
Prussia's conduct on this occasion is known to all the world; and it is of a
piece with the other grand maxims of his reign. The magnanimity of the
Imperial court, breaking through the narrow principles of its predecessors,
has indulged its Protestant subjects, not only with property, with worship,
with liberal education, but with honors and trusts, both civil and military. A
worthy Protestant gentleman of this country now fills, and fills with credit,
an high office in the Austrian Netherlands. Even the Lutheran obstinacy of
Sweden has thawed at length, and opened a toleration to all religions. I
know, myself, that in France the Protestants begin to be at rest. The army,
which in that country is everything, is open to them; and some of the
military rewards and decorations which the laws deny are supplied by
others, to make the service acceptable and honorable. The first minister of
finance in that country is a Protestant. Two years' war without a tax is
good as ours, and with the finest cities in the world ready built to receive
them. And thus the bigotry of a free country, and in an enlightened age,
would have repeopled the cities of Flanders, which, in the darkness of two
hundred years ago, had been desolated by the superstition of a cruel tyrant.
Oar manufactures were the growth of the persecutions in the Low
Countries. What a spectacle would it be to Europe, to see us at this time of
day balancing the account of tyranny with those very countries, and by our
persecutions driving back trade and manufacture, as a sort of vagabonds, to
their original settlement! But I trust we shall be saved this last of disgraces.
So far as to the effect of the act on the interests of this nation. With
regard to the interests of mankind at large, I am sure the benefit was very
considerable. Long before this act, indeed, the spirit of toleration began to
gain ground in Europe. In Holland the third part of the people are Catholics;
they live at ease, and are a sound part of the state. In many parts of
Germany, Protestants and Papists partake the same cities, the same councils,
and even the same churches. The unbounded liberality of the king of
Prussia's conduct on this occasion is known to all the world; and it is of a
piece with the other grand maxims of his reign. The magnanimity of the
Imperial court, breaking through the narrow principles of its predecessors,
has indulged its Protestant subjects, not only with property, with worship,
with liberal education, but with honors and trusts, both civil and military. A
worthy Protestant gentleman of this country now fills, and fills with credit,
an high office in the Austrian Netherlands. Even the Lutheran obstinacy of
Sweden has thawed at length, and opened a toleration to all religions. I
know, myself, that in France the Protestants begin to be at rest. The army,
which in that country is everything, is open to them; and some of the
military rewards and decorations which the laws deny are supplied by
others, to make the service acceptable and honorable. The first minister of
finance in that country is a Protestant. Two years' war without a tax is
Page 346
among the first fruits of their liberality. Tarnished as the glory of this nation
is, and far as it has waded into the shades of an eclipse, some beams of its
former illumination still play upon its surface; and what is done in England
is still looked to, as argument, and as example. It is certainly true, that no
law of this country ever met with such universal applause abroad, or was so
likely to produce the perfection of that tolerating spirit which, as I observed,
has been long gaining ground in Europe: for abroad it was universally
thought that we had done what I am sorry to say we had not; they thought
we had granted a full toleration. That opinion was, however, so far from
hurting the Protestant cause, that I declare, with the most serious solemnity,
my firm belief that no one thing done for these fifty years past was so likely
to prove deeply beneficial to our religion at large as Sir George Savile's act.
In its effects it was "an act for tolerating and protecting Protestantism
throughout Europe"; and I hope that those who were taking steps for the
quiet and settlement of our Protestant brethren in other countries will, even
yet, rather consider the steady equity of the greater and better part of the
people of Great Britain than the vanity and violence of a few.
I perceive, Gentlemen, by the manner of all about me, that you look with
horror on the wicked clamor which has been raised on this subject, and that,
instead of an apology for what was done, you rather demand from me an
account, why the execution of the scheme of toleration was not made more
answerable to the large and liberal grounds on which it was taken up. The
question is natural and proper; and I remember that a great and learned
magistrate,[50] distinguished for his strong and systematic understanding,
and who at that time was a member of the House of Commons, made the
same objection to the proceeding. The statutes, as they now stand, are,
without doubt, perfectly absurd. But I beg leave to explain the cause of this
gross imperfection in the tolerating plan, as well and as shortly as I am able.
It was universally thought that the session ought not to pass over without
doing something in this business. To revise the whole body of the penal
is, and far as it has waded into the shades of an eclipse, some beams of its
former illumination still play upon its surface; and what is done in England
is still looked to, as argument, and as example. It is certainly true, that no
law of this country ever met with such universal applause abroad, or was so
likely to produce the perfection of that tolerating spirit which, as I observed,
has been long gaining ground in Europe: for abroad it was universally
thought that we had done what I am sorry to say we had not; they thought
we had granted a full toleration. That opinion was, however, so far from
hurting the Protestant cause, that I declare, with the most serious solemnity,
my firm belief that no one thing done for these fifty years past was so likely
to prove deeply beneficial to our religion at large as Sir George Savile's act.
In its effects it was "an act for tolerating and protecting Protestantism
throughout Europe"; and I hope that those who were taking steps for the
quiet and settlement of our Protestant brethren in other countries will, even
yet, rather consider the steady equity of the greater and better part of the
people of Great Britain than the vanity and violence of a few.
I perceive, Gentlemen, by the manner of all about me, that you look with
horror on the wicked clamor which has been raised on this subject, and that,
instead of an apology for what was done, you rather demand from me an
account, why the execution of the scheme of toleration was not made more
answerable to the large and liberal grounds on which it was taken up. The
question is natural and proper; and I remember that a great and learned
magistrate,[50] distinguished for his strong and systematic understanding,
and who at that time was a member of the House of Commons, made the
same objection to the proceeding. The statutes, as they now stand, are,
without doubt, perfectly absurd. But I beg leave to explain the cause of this
gross imperfection in the tolerating plan, as well and as shortly as I am able.
It was universally thought that the session ought not to pass over without
doing something in this business. To revise the whole body of the penal
Page 347
statutes was conceived to be an object too big for the time. The penal
statute, therefore, which was chosen for repeal (chosen to show our
disposition to conciliate, not to perfect a toleration) was this act of ludicrous
cruelty of which I have just given you the history. It is an act which, though
not by a great deal so fierce and bloody as some of the rest, was infinitely
more ready in the execution. It was the act which gave the greatest
encouragement to those pests of society, mercenary informers and interested
disturbers of household peace; and it was observed with truth, that the
prosecutions, either carried to conviction or compounded, for many years,
had been all commenced upon that act. It was said, that, whilst we were
deliberating on a more perfect scheme, the spirit of the age would never
come up to the execution of the statutes which remained, especially as more
steps, and a coöperation of more minds and powers, were required towards
a mischievous use of them, than for the execution of the act to be repealed:
that it was better to unravel this texture from below than from above,
beginning with the latest, which, in general practice, is the severest evil. It
was alleged, that this slow proceeding would be attended with the
advantage of a progressive experience,—and that the people would grow
reconciled to toleration, when they should find, by the effects, that justice
was not so irreconcilable an enemy to convenience as they had imagined.
These, Gentlemen, were the reasons why we left this good work in the
rude, unfinished state in which good works are commonly left, through the
tame circumspection with which a timid prudence so frequently enervates
beneficence. In doing good, we are generally cold, and languid, and
sluggish, and of all things afraid of being too much in the right. But the
works of malice and injustice are quite in another style. They are finished
with a bold, masterly hand, touched as they are with the spirit of those
vehement passions that call forth all our energies, whenever we oppress and
persecute.
statute, therefore, which was chosen for repeal (chosen to show our
disposition to conciliate, not to perfect a toleration) was this act of ludicrous
cruelty of which I have just given you the history. It is an act which, though
not by a great deal so fierce and bloody as some of the rest, was infinitely
more ready in the execution. It was the act which gave the greatest
encouragement to those pests of society, mercenary informers and interested
disturbers of household peace; and it was observed with truth, that the
prosecutions, either carried to conviction or compounded, for many years,
had been all commenced upon that act. It was said, that, whilst we were
deliberating on a more perfect scheme, the spirit of the age would never
come up to the execution of the statutes which remained, especially as more
steps, and a coöperation of more minds and powers, were required towards
a mischievous use of them, than for the execution of the act to be repealed:
that it was better to unravel this texture from below than from above,
beginning with the latest, which, in general practice, is the severest evil. It
was alleged, that this slow proceeding would be attended with the
advantage of a progressive experience,—and that the people would grow
reconciled to toleration, when they should find, by the effects, that justice
was not so irreconcilable an enemy to convenience as they had imagined.
These, Gentlemen, were the reasons why we left this good work in the
rude, unfinished state in which good works are commonly left, through the
tame circumspection with which a timid prudence so frequently enervates
beneficence. In doing good, we are generally cold, and languid, and
sluggish, and of all things afraid of being too much in the right. But the
works of malice and injustice are quite in another style. They are finished
with a bold, masterly hand, touched as they are with the spirit of those
vehement passions that call forth all our energies, whenever we oppress and
persecute.
Page 348
Thus this matter was left for the time, with a full determination in
Parliament not to suffer other and worse statutes to remain for the purpose
of counteracting the benefits proposed by the repeal of one penal law: for
nobody then dreamed of defending what was done as a benefit, on the
ground of its being no benefit at all. We were not then ripe for so mean a
subterfuge.
I do not wish to go over the horrid scene that was afterwards acted.
Would to God it could be expunged forever from the annals of this country!
But since it must subsist for our shame, let it subsist for our instruction. In
the year 1780 there were found in this nation men deluded enough, (for I
give the whole to their delusion,) on pretences of zeal and piety, without
any sort of provocation whatsoever, real or pretended, to make a desperate
attempt, which would have consumed all the glory and power of this
country in the flames of London, and buried all law, order, and religion
under the ruins of the metropolis of the Protestant world. Whether all this
mischief done, or in the direct train of doing, was in their original scheme, I
cannot say; I hope it was not: but this would have been the unavoidable
consequence of their proceedings, had not the flames they had lighted up in
their fury been extinguished in their blood.
All the time that this horrid scene was acting, or avenging, as well as for
some time before, and ever since, the wicked instigators of this unhappy
multitude, guilty, with every aggravation, of all their crimes, and screened
in a cowardly darkness from their punishment, continued, without
interruption, pity, or remorse, to blow up the blind rage of the populace with
a continued blast of pestilential libels, which infected and poisoned the very
air we breathed in.
The main drift of all the libels and all the riots was, to force Parliament
(to persuade us was hopeless) into an act of national perfidy which has no
Parliament not to suffer other and worse statutes to remain for the purpose
of counteracting the benefits proposed by the repeal of one penal law: for
nobody then dreamed of defending what was done as a benefit, on the
ground of its being no benefit at all. We were not then ripe for so mean a
subterfuge.
I do not wish to go over the horrid scene that was afterwards acted.
Would to God it could be expunged forever from the annals of this country!
But since it must subsist for our shame, let it subsist for our instruction. In
the year 1780 there were found in this nation men deluded enough, (for I
give the whole to their delusion,) on pretences of zeal and piety, without
any sort of provocation whatsoever, real or pretended, to make a desperate
attempt, which would have consumed all the glory and power of this
country in the flames of London, and buried all law, order, and religion
under the ruins of the metropolis of the Protestant world. Whether all this
mischief done, or in the direct train of doing, was in their original scheme, I
cannot say; I hope it was not: but this would have been the unavoidable
consequence of their proceedings, had not the flames they had lighted up in
their fury been extinguished in their blood.
All the time that this horrid scene was acting, or avenging, as well as for
some time before, and ever since, the wicked instigators of this unhappy
multitude, guilty, with every aggravation, of all their crimes, and screened
in a cowardly darkness from their punishment, continued, without
interruption, pity, or remorse, to blow up the blind rage of the populace with
a continued blast of pestilential libels, which infected and poisoned the very
air we breathed in.
The main drift of all the libels and all the riots was, to force Parliament
(to persuade us was hopeless) into an act of national perfidy which has no
Page 349
example. For, Gentlemen, it is proper you should all know what infamy we
escaped by refusing that repeal, for a refusal of which, it seems, I, among
others, stand somewhere or other accused. When we took away, on the
motives which I had the honor of stating to you, a few of the innumerable
penalties upon an oppressed and injured people, the relief was not absolute,
but given on a stipulation and compact between them and us: for we bound
down the Roman Catholics with the most solemn oaths to bear true
allegiance to this government, to abjure all sort of temporal power in any
other, and to renounce, under the same solemn obligations, the doctrines of
systematic perfidy with which they stood (I conceive very unjustly)
charged. Now our modest petitioners came up to us, most humbly praying
nothing more than that we should break our faith, without any one cause
whatsoever of forfeiture assigned; and when the subjects of this kingdom
had, on their part, fully performed their engagement, we should refuse, on
our part, the benefit we had stipulated on the performance of those very
conditions that were prescribed by our own authority, and taken on the
sanction of our public faith: that is to say, when we had inveigled them with
fair promises within our door, we were to shut it on them, and, adding
mockery to outrage, to tell them,—"Now we have got you fast: your
consciences are bound to a power resolved on your destruction. We have
made you swear that your religion obliges you to keep your faith: fools as
you are! we will now let you see that our religion enjoins us to keep no faith
with you." They who would advisedly call upon us to do such things must
certainly have thought us not only a convention of treacherous tyrants, but a
gang of the lowest and dirtiest wretches that ever disgraced humanity. Had
we done this, we should have indeed proved that there were some in the
world whom no faith could bind; and we should have convicted ourselves
of that odious principle of which Papists stood accused by those very
savages who wished us, on that accusation, to deliver them over to their
fury.
escaped by refusing that repeal, for a refusal of which, it seems, I, among
others, stand somewhere or other accused. When we took away, on the
motives which I had the honor of stating to you, a few of the innumerable
penalties upon an oppressed and injured people, the relief was not absolute,
but given on a stipulation and compact between them and us: for we bound
down the Roman Catholics with the most solemn oaths to bear true
allegiance to this government, to abjure all sort of temporal power in any
other, and to renounce, under the same solemn obligations, the doctrines of
systematic perfidy with which they stood (I conceive very unjustly)
charged. Now our modest petitioners came up to us, most humbly praying
nothing more than that we should break our faith, without any one cause
whatsoever of forfeiture assigned; and when the subjects of this kingdom
had, on their part, fully performed their engagement, we should refuse, on
our part, the benefit we had stipulated on the performance of those very
conditions that were prescribed by our own authority, and taken on the
sanction of our public faith: that is to say, when we had inveigled them with
fair promises within our door, we were to shut it on them, and, adding
mockery to outrage, to tell them,—"Now we have got you fast: your
consciences are bound to a power resolved on your destruction. We have
made you swear that your religion obliges you to keep your faith: fools as
you are! we will now let you see that our religion enjoins us to keep no faith
with you." They who would advisedly call upon us to do such things must
certainly have thought us not only a convention of treacherous tyrants, but a
gang of the lowest and dirtiest wretches that ever disgraced humanity. Had
we done this, we should have indeed proved that there were some in the
world whom no faith could bind; and we should have convicted ourselves
of that odious principle of which Papists stood accused by those very
savages who wished us, on that accusation, to deliver them over to their
fury.
Page 350
In this audacious tumult, when our very name and character as gentlemen
was to be cancelled forever, along with the faith and honor of the nation, I,
who had exerted myself very little on the quiet passing of the bill, thought it
necessary then to come forward. I was not alone; but though some
distinguished members on all sides, and particularly on ours, added much to
their high reputation by the part they took on that day, (a part which will be
remembered as long as honor, spirit, and eloquence have estimation in the
world,) I may and will value myself so far, that, yielding in abilities to
many, I yielded in zeal to none. With warmth and with vigor, and animated
with a just and natural indignation, I called forth every faculty that I
possessed, and I directed it in every way in which I could possibly employ
it. I labored night and day. I labored in Parliament; I labored out of
Parliament. If, therefore, the resolution of the House of Commons, refusing
to commit this act of unmatched turpitude, be a crime, I am guilty among
the foremost. But, indeed, whatever the faults of that House may have been,
no one member was found hardy enough to propose so infamous a thing;
and on full debate we passed the resolution against the petitions with as
much unanimity as we had formerly passed the law of which these petitions
demanded the repeal.
There was a circumstance (justice will not suffer me to pass it over)
which, if anything could enforce the reasons I have given, would fully
justify the act of relief, and render a repeal, or anything like a repeal,
unnatural, impossible. It was the behavior of the persecuted Roman
Catholics under the acts of violence and brutal insolence which they
suffered. I suppose there are not in London less than four or five thousand
of that persuasion from my country, who do a great deal of the most
laborious works in the metropolis; and they chiefly inhabit those quarters
which were the principal theatre of the fury of the bigoted multitude. They
are known to be men of strong arms and quick feelings, and more
remarkable for a determined resolution than clear ideas or much foresight.
was to be cancelled forever, along with the faith and honor of the nation, I,
who had exerted myself very little on the quiet passing of the bill, thought it
necessary then to come forward. I was not alone; but though some
distinguished members on all sides, and particularly on ours, added much to
their high reputation by the part they took on that day, (a part which will be
remembered as long as honor, spirit, and eloquence have estimation in the
world,) I may and will value myself so far, that, yielding in abilities to
many, I yielded in zeal to none. With warmth and with vigor, and animated
with a just and natural indignation, I called forth every faculty that I
possessed, and I directed it in every way in which I could possibly employ
it. I labored night and day. I labored in Parliament; I labored out of
Parliament. If, therefore, the resolution of the House of Commons, refusing
to commit this act of unmatched turpitude, be a crime, I am guilty among
the foremost. But, indeed, whatever the faults of that House may have been,
no one member was found hardy enough to propose so infamous a thing;
and on full debate we passed the resolution against the petitions with as
much unanimity as we had formerly passed the law of which these petitions
demanded the repeal.
There was a circumstance (justice will not suffer me to pass it over)
which, if anything could enforce the reasons I have given, would fully
justify the act of relief, and render a repeal, or anything like a repeal,
unnatural, impossible. It was the behavior of the persecuted Roman
Catholics under the acts of violence and brutal insolence which they
suffered. I suppose there are not in London less than four or five thousand
of that persuasion from my country, who do a great deal of the most
laborious works in the metropolis; and they chiefly inhabit those quarters
which were the principal theatre of the fury of the bigoted multitude. They
are known to be men of strong arms and quick feelings, and more
remarkable for a determined resolution than clear ideas or much foresight.
Page 351
But, though provoked by everything that can stir the blood of men, their
houses and chapels in flames, and with the most atrocious profanations of
everything which they hold sacred before their eyes, not a hand was moved
to retaliate, or even to defend. Had a conflict once begun, the rage of their
persecutors would have redoubled. Thus fury increasing by the
reverberation of outrages, house being fired for house, and church for
chapel, I am convinced that no power under heaven could have prevented a
general conflagration, and at this day London would have been a tale. But I
am well informed, and the thing speaks it, that their clergy exerted their
whole influence to keep their people in such a state of forbearance and
quiet, as, when I look back, fills me with astonishment,—but not with
astonishment only. Their merits on that occasion ought not to be forgotten;
nor will they, when Englishmen come to recollect themselves. I am sure it
were far more proper to have called them forth, and given them the thanks
of both Houses of Parliament, than to have suffered those worthy clergymen
and excellent citizens to be hunted into holes and corners, whilst we are
making low-minded inquisitions into the number of their people; as if a
tolerating principle was never to prevail, unless we were very sure that only
a few could possibly take advantage of it. But, indeed, we are not yet well
recovered of our fright. Our reason, I trust, will return with our security, and
this unfortunate temper will pass over like a cloud.
Gentlemen, I have now laid before you a few of the reasons for taking
away the penalties of the act of 1699, and for refusing to establish them on
the riotous requisition of 1780. Because I would not suffer anything which
may be for your satisfaction to escape, permit me just to touch on the
objections urged against our act and our resolves, and intended as a
justification of the violence offered to both Houses. "Parliament," they
assert, "was too hasty, and they ought, in so essential and alarming a
change, to have proceeded with a far greater degree of deliberation." The
direct contrary. Parliament was too slow. They took fourscore years to
houses and chapels in flames, and with the most atrocious profanations of
everything which they hold sacred before their eyes, not a hand was moved
to retaliate, or even to defend. Had a conflict once begun, the rage of their
persecutors would have redoubled. Thus fury increasing by the
reverberation of outrages, house being fired for house, and church for
chapel, I am convinced that no power under heaven could have prevented a
general conflagration, and at this day London would have been a tale. But I
am well informed, and the thing speaks it, that their clergy exerted their
whole influence to keep their people in such a state of forbearance and
quiet, as, when I look back, fills me with astonishment,—but not with
astonishment only. Their merits on that occasion ought not to be forgotten;
nor will they, when Englishmen come to recollect themselves. I am sure it
were far more proper to have called them forth, and given them the thanks
of both Houses of Parliament, than to have suffered those worthy clergymen
and excellent citizens to be hunted into holes and corners, whilst we are
making low-minded inquisitions into the number of their people; as if a
tolerating principle was never to prevail, unless we were very sure that only
a few could possibly take advantage of it. But, indeed, we are not yet well
recovered of our fright. Our reason, I trust, will return with our security, and
this unfortunate temper will pass over like a cloud.
Gentlemen, I have now laid before you a few of the reasons for taking
away the penalties of the act of 1699, and for refusing to establish them on
the riotous requisition of 1780. Because I would not suffer anything which
may be for your satisfaction to escape, permit me just to touch on the
objections urged against our act and our resolves, and intended as a
justification of the violence offered to both Houses. "Parliament," they
assert, "was too hasty, and they ought, in so essential and alarming a
change, to have proceeded with a far greater degree of deliberation." The
direct contrary. Parliament was too slow. They took fourscore years to
Page 352
deliberate on the repeal of an act which ought not to have survived a second
session. When at length, after a procrastination of near a century, the
business was taken up, it proceeded in the most public manner, by the
ordinary stages, and as slowly as a law so evidently right as to be resisted
by none would naturally advance. Had it been read three times in one day,
we should have shown only a becoming readiness to recognize, by
protection, the undoubted dutiful behavior of those whom we had but too
long punished for offences of presumption or conjecture. But for what end
was that bill to linger beyond the usual period of an unopposed measure?
Was it to be delayed until a rabble in Edinburgh should dictate to the
Church of England what measure of persecution was fitting for her safety?
Was it to be adjourned until a fanatical force could be collected in London,
sufficient to frighten us out of all our ideas of policy and justice? Were we
to wait for the profound lectures on the reason of state, ecclesiastical and
political, which the Protestant Association have since condescended to read
to us? Or were we, seven hundred peers and commoners, the only persons
ignorant of the ribald invectives which occupy the place of argument in
those remonstrances, which every man of common observation had heard a
thousand times over, and a thousand times over had despised? All men had
before heard what they dare to say, and all men at this day know what they
dare to do; and I trust all honest men are equally influenced by the one and
by the other.
But they tell us, that those our fellow-citizens whose chains we have a
little relaxed are enemies to liberty and our free Constitution.—Not
enemies, I presume, to their own liberty. And as to the Constitution, until we
give them some share in it, I do not know on what pretence we can examine
into their opinions about a business in which they have no interest or
concern. But, after all, are we equally sure that they are adverse to our
Constitution as that our statutes are hostile and destructive to them? For my
part, I have reason to believe their opinions and inclinations in that respect
session. When at length, after a procrastination of near a century, the
business was taken up, it proceeded in the most public manner, by the
ordinary stages, and as slowly as a law so evidently right as to be resisted
by none would naturally advance. Had it been read three times in one day,
we should have shown only a becoming readiness to recognize, by
protection, the undoubted dutiful behavior of those whom we had but too
long punished for offences of presumption or conjecture. But for what end
was that bill to linger beyond the usual period of an unopposed measure?
Was it to be delayed until a rabble in Edinburgh should dictate to the
Church of England what measure of persecution was fitting for her safety?
Was it to be adjourned until a fanatical force could be collected in London,
sufficient to frighten us out of all our ideas of policy and justice? Were we
to wait for the profound lectures on the reason of state, ecclesiastical and
political, which the Protestant Association have since condescended to read
to us? Or were we, seven hundred peers and commoners, the only persons
ignorant of the ribald invectives which occupy the place of argument in
those remonstrances, which every man of common observation had heard a
thousand times over, and a thousand times over had despised? All men had
before heard what they dare to say, and all men at this day know what they
dare to do; and I trust all honest men are equally influenced by the one and
by the other.
But they tell us, that those our fellow-citizens whose chains we have a
little relaxed are enemies to liberty and our free Constitution.—Not
enemies, I presume, to their own liberty. And as to the Constitution, until we
give them some share in it, I do not know on what pretence we can examine
into their opinions about a business in which they have no interest or
concern. But, after all, are we equally sure that they are adverse to our
Constitution as that our statutes are hostile and destructive to them? For my
part, I have reason to believe their opinions and inclinations in that respect
Page 353
are various, exactly like those of other men; and if they lean more to the
crown than I and than many of you think we ought, we must remember that
he who aims at another's life is not to be surprised, if he flies into any
sanctuary that will receive him. The tenderness of the executive power is
the natural asylum of those upon whom the laws have declared war; and to
complain that men are inclined to favor the means of their own safety is so
absurd, that one forgets the injustice in the ridicule.
I must fairly tell you, that so far as my principles are concerned,
(principles that I hope will only depart with my last breath,) that I have no
idea of a liberty unconnected with honesty and justice. Nor do I believe that
any good constitutions of government, or of freedom, can find it necessary
for their security to doom any part of the people to a permanent slavery.
Such a constitution of freedom, if such can be, is in effect no more than
another name for the tyranny of the strongest faction; and factions in
republics have been, and are, full as capable as monarchs of the most cruel
oppression and injustice. It is but too true, that the love, and even the very
idea, of genuine liberty is extremely rare. It is but too true that there are
many whose whole scheme of freedom is made up of pride, perverseness,
and insolence. They feel themselves in a state of thraldom, they imagine
that their souls are cooped and cabined in, unless they have some man or
some body of men dependent on their mercy. This desire of having some
one below them descends to those who are the very lowest of all; and a
Protestant cobbler, debased by his poverty, but exalted by his share of the
ruling church, feels a pride in knowing it is by his generosity alone that the
peer whose footman's instep he measures is able to keep his chaplain from a
jail. This disposition is the true source of the passion which many men in
very humble life have taken to the American war. Our subjects in America;
our colonies; our dependants. This lust of party power is the liberty they
hunger and thirst for; and this Siren song of ambition has charmed ears that
one would have thought were never organized to that sort of music.
crown than I and than many of you think we ought, we must remember that
he who aims at another's life is not to be surprised, if he flies into any
sanctuary that will receive him. The tenderness of the executive power is
the natural asylum of those upon whom the laws have declared war; and to
complain that men are inclined to favor the means of their own safety is so
absurd, that one forgets the injustice in the ridicule.
I must fairly tell you, that so far as my principles are concerned,
(principles that I hope will only depart with my last breath,) that I have no
idea of a liberty unconnected with honesty and justice. Nor do I believe that
any good constitutions of government, or of freedom, can find it necessary
for their security to doom any part of the people to a permanent slavery.
Such a constitution of freedom, if such can be, is in effect no more than
another name for the tyranny of the strongest faction; and factions in
republics have been, and are, full as capable as monarchs of the most cruel
oppression and injustice. It is but too true, that the love, and even the very
idea, of genuine liberty is extremely rare. It is but too true that there are
many whose whole scheme of freedom is made up of pride, perverseness,
and insolence. They feel themselves in a state of thraldom, they imagine
that their souls are cooped and cabined in, unless they have some man or
some body of men dependent on their mercy. This desire of having some
one below them descends to those who are the very lowest of all; and a
Protestant cobbler, debased by his poverty, but exalted by his share of the
ruling church, feels a pride in knowing it is by his generosity alone that the
peer whose footman's instep he measures is able to keep his chaplain from a
jail. This disposition is the true source of the passion which many men in
very humble life have taken to the American war. Our subjects in America;
our colonies; our dependants. This lust of party power is the liberty they
hunger and thirst for; and this Siren song of ambition has charmed ears that
one would have thought were never organized to that sort of music.
Page 354
This way of proscribing the citizens by denominations and general
descriptions, dignified by the name of reason of state, and security for
constitutions and commonwealths, is nothing better at bottom than the
miserable invention of an ungenerous ambition which would fain hold the
sacred trust of power, without any of the virtues or any of the energies that
give a title to it,—a receipt of policy, made up of a detestable compound of
malice, cowardice, and sloth. They would govern men against their will; but
in that government they would be discharged from the exercise of vigilance,
providence, and fortitude; and therefore, that they may sleep on their watch,
they consent to take some one division of the society into partnership of the
tyranny over the rest. But let government, in what form it may be,
comprehend the whole in its justice, and restrain the suspicious by its
vigilance,—let it keep watch and ward,—let it discover by its sagacity, and
punish by its firmness, all delinquency against its power, whenever
delinquency exists in the overt acts,—and then it will be as safe as ever God
and Nature intended it should be. Crimes are the acts of individuals, and not
of denominations: and therefore arbitrarily to class men under general
descriptions, in order to proscribe and punish them in the lump for a
presumed delinquency, of which perhaps but a part, perhaps none at all, are
guilty, is indeed a compendious method, and saves a world of trouble about
proof; but such a method, instead of being law, is an act of unnatural
rebellion against the legal dominion of reason and justice; and this vice, in
any constitution that entertains it, at one time or other will certainly bring
on its ruin.
We are told that this is not a religious persecution; and its abettors are
loud in disclaiming all severities on account of conscience. Very fine
indeed! Then, let it be so: they are not persecutors; they are only tyrants.
With all my heart. I am perfectly indifferent concerning the pretexts upon
which we torment one another,—or whether it be for the constitution of the
Church of England, or for the constitution of the State of England, that
descriptions, dignified by the name of reason of state, and security for
constitutions and commonwealths, is nothing better at bottom than the
miserable invention of an ungenerous ambition which would fain hold the
sacred trust of power, without any of the virtues or any of the energies that
give a title to it,—a receipt of policy, made up of a detestable compound of
malice, cowardice, and sloth. They would govern men against their will; but
in that government they would be discharged from the exercise of vigilance,
providence, and fortitude; and therefore, that they may sleep on their watch,
they consent to take some one division of the society into partnership of the
tyranny over the rest. But let government, in what form it may be,
comprehend the whole in its justice, and restrain the suspicious by its
vigilance,—let it keep watch and ward,—let it discover by its sagacity, and
punish by its firmness, all delinquency against its power, whenever
delinquency exists in the overt acts,—and then it will be as safe as ever God
and Nature intended it should be. Crimes are the acts of individuals, and not
of denominations: and therefore arbitrarily to class men under general
descriptions, in order to proscribe and punish them in the lump for a
presumed delinquency, of which perhaps but a part, perhaps none at all, are
guilty, is indeed a compendious method, and saves a world of trouble about
proof; but such a method, instead of being law, is an act of unnatural
rebellion against the legal dominion of reason and justice; and this vice, in
any constitution that entertains it, at one time or other will certainly bring
on its ruin.
We are told that this is not a religious persecution; and its abettors are
loud in disclaiming all severities on account of conscience. Very fine
indeed! Then, let it be so: they are not persecutors; they are only tyrants.
With all my heart. I am perfectly indifferent concerning the pretexts upon
which we torment one another,—or whether it be for the constitution of the
Church of England, or for the constitution of the State of England, that
Page 355
people choose to make their fellow-creatures wretched. When we were sent
into a place of authority, you that sent us had yourselves but one
commission to give. You could give us none to wrong or oppress, or even to
suffer any kind of oppression or wrong, on any grounds whatsoever: not on
political, as in the affairs of America; not on commercial, as in those of
Ireland; not in civil, as in the laws for debt; not in religious, as in the
statutes against Protestant or Catholic dissenters. The diversified, but
connected, fabric of universal justice is well cramped and bolted together in
all its parts; and depend upon it, I never have employed, and I never shall
employ, any engine of power which may come into my hands to wrench it
asunder. All shall stand, if I can help it, and all shall stand connected. After
all, to complete this work, much remains to be done: much in the East,
much in the West. But, great as the work is, if our will be ready, our powers
are not deficient.
Since you have suffered me to trouble you so much on this subject,
permit me, Gentlemen, to detain you a little longer. I am, indeed, most
solicitous to give you perfect satisfaction. I find there are some of a better
and softer nature than the persons with whom I have supposed myself in
debate, who neither think ill of the act of relief, nor by any means desire the
repeal,—yet who, not accusing, but lamenting, what was done, on account
of the consequences, have frequently expressed their wish that the late act
had never been made. Some of this description, and persons of worth, I
have met with in this city. They conceive that the prejudices, whatever they
might be, of a large part of the people, ought not to have been shocked,—
that their opinions ought to have been previously taken, and much attended
to,—and that thereby the late horrid scenes might have been prevented.
I confess, my notions are widely different; and I never was less sorry for
any action of my life. I like the bill the better on account of the events of all
kinds that followed it. It relieved the real sufferers; it strengthened the state;
into a place of authority, you that sent us had yourselves but one
commission to give. You could give us none to wrong or oppress, or even to
suffer any kind of oppression or wrong, on any grounds whatsoever: not on
political, as in the affairs of America; not on commercial, as in those of
Ireland; not in civil, as in the laws for debt; not in religious, as in the
statutes against Protestant or Catholic dissenters. The diversified, but
connected, fabric of universal justice is well cramped and bolted together in
all its parts; and depend upon it, I never have employed, and I never shall
employ, any engine of power which may come into my hands to wrench it
asunder. All shall stand, if I can help it, and all shall stand connected. After
all, to complete this work, much remains to be done: much in the East,
much in the West. But, great as the work is, if our will be ready, our powers
are not deficient.
Since you have suffered me to trouble you so much on this subject,
permit me, Gentlemen, to detain you a little longer. I am, indeed, most
solicitous to give you perfect satisfaction. I find there are some of a better
and softer nature than the persons with whom I have supposed myself in
debate, who neither think ill of the act of relief, nor by any means desire the
repeal,—yet who, not accusing, but lamenting, what was done, on account
of the consequences, have frequently expressed their wish that the late act
had never been made. Some of this description, and persons of worth, I
have met with in this city. They conceive that the prejudices, whatever they
might be, of a large part of the people, ought not to have been shocked,—
that their opinions ought to have been previously taken, and much attended
to,—and that thereby the late horrid scenes might have been prevented.
I confess, my notions are widely different; and I never was less sorry for
any action of my life. I like the bill the better on account of the events of all
kinds that followed it. It relieved the real sufferers; it strengthened the state;
Page 356
and, by the disorders that ensued, we had clear evidence that there lurked a
temper somewhere which ought not to be fostered by the laws. No ill
consequences whatever could be attributed to the act itself. We knew
beforehand, or we were poorly instructed, that toleration is odious to the
intolerant, freedom to oppressors, property to robbers, and all kinds and
degrees of prosperity to the envious. We knew that all these kinds of men
would gladly gratify their evil dispositions under the sanction of law and
religion, if they could: if they could not, yet, to make way to their objects,
they would do their utmost to subvert all religion and all law. This we
certainly knew. But, knowing this, is there any reason, because thieves
break in and steal, and thus bring detriment to you, and draw ruin on
themselves, that I am to be sorry that you are in possession of shops, and of
warehouses, and of wholesome laws to protect them? Are you to build no
houses, because desperate men may pull them down upon their own heads?
Or, if a malignant wretch will cut his own throat, because he sees you give
alms to the necessitous and deserving, shall his destruction be attributed to
your charity, and not to his own deplorable madness? If we repent of our
good actions, what, I pray you, is left for our faults and follies? It is not the
beneficence of the laws, it is the unnatural temper which beneficence can
fret and sour, that is to be lamented. It is this temper which, by all rational
means, ought to be sweetened and corrected. If froward men should refuse
this cure, can they vitiate anything but themselves? Does evil so react upon
good, as not only to retard its motion, but to change its nature? If it can so
operate, then good men will always be in the power of the bad,—and virtue,
by a dreadful reverse of order, must lie under perpetual subjection and
bondage to vice.
As to the opinion of the people, which some think, in such cases, is to be
implicitly obeyed,—near two years' tranquillity, which follows the act, and
its instant imitation in Ireland, proved abundantly that the late horrible spirit
was in a great measure the effect of insidious art, and perverse industry, and
temper somewhere which ought not to be fostered by the laws. No ill
consequences whatever could be attributed to the act itself. We knew
beforehand, or we were poorly instructed, that toleration is odious to the
intolerant, freedom to oppressors, property to robbers, and all kinds and
degrees of prosperity to the envious. We knew that all these kinds of men
would gladly gratify their evil dispositions under the sanction of law and
religion, if they could: if they could not, yet, to make way to their objects,
they would do their utmost to subvert all religion and all law. This we
certainly knew. But, knowing this, is there any reason, because thieves
break in and steal, and thus bring detriment to you, and draw ruin on
themselves, that I am to be sorry that you are in possession of shops, and of
warehouses, and of wholesome laws to protect them? Are you to build no
houses, because desperate men may pull them down upon their own heads?
Or, if a malignant wretch will cut his own throat, because he sees you give
alms to the necessitous and deserving, shall his destruction be attributed to
your charity, and not to his own deplorable madness? If we repent of our
good actions, what, I pray you, is left for our faults and follies? It is not the
beneficence of the laws, it is the unnatural temper which beneficence can
fret and sour, that is to be lamented. It is this temper which, by all rational
means, ought to be sweetened and corrected. If froward men should refuse
this cure, can they vitiate anything but themselves? Does evil so react upon
good, as not only to retard its motion, but to change its nature? If it can so
operate, then good men will always be in the power of the bad,—and virtue,
by a dreadful reverse of order, must lie under perpetual subjection and
bondage to vice.
As to the opinion of the people, which some think, in such cases, is to be
implicitly obeyed,—near two years' tranquillity, which follows the act, and
its instant imitation in Ireland, proved abundantly that the late horrible spirit
was in a great measure the effect of insidious art, and perverse industry, and
Page 357
gross misrepresentation. But suppose that the dislike had been much more
deliberate and much more general than I am persuaded it was,—when we
know that the opinions of even the greatest multitudes are the standard of
rectitude, I shall think myself obliged to make those opinions the masters of
my conscience. But if it may be doubted whether Omnipotence itself is
competent to alter the essential constitution of right and wrong, sure I am
that such things as they and I are possessed of no such power. No man
carries further than I do the policy of making government pleasing to the
people. But the widest range of this politic complaisance is confined within
the limits of justice. I would not only consult the interest of the people, but I
would cheerfully gratify their humors. We are all a sort of children that
must be soothed and managed. I think I am not austere or formal in my
nature. I would bear, I would even play my part in, any innocent
buffooneries, to divert them. But I never will act the tyrant for their
amusement. If they will mix malice in their sports, I shall never consent to
throw them any living, sentient creature whatsoever, no, not so much as a
kitling, to torment.
"But if I profess all this impolitic stubbornness, I may chance never to be
elected into Parliament."—It is certainly not pleasing to be put out of the
public service. But I wish to be a member of Parliament to have my share of
doing good and resisting evil. It would therefore be absurd to renounce my
objects in order to obtain my seat. I deceive myself, indeed, most grossly, if
I had not much rather pass the remainder of my life hidden in the recesses
of the deepest obscurity, feeding my mind even with the visions and
imaginations of such things, than to be placed on the most splendid throne
of the universe, tantalized with a denial of the practice of all which can
make the greatest situation any other than the greatest curse. Gentlemen, I
have had my day. I can never sufficiently express my gratitude to you for
having set me in a place wherein I could lend the slightest help to great and
laudable designs. If I have had my share in any measure giving quiet to
deliberate and much more general than I am persuaded it was,—when we
know that the opinions of even the greatest multitudes are the standard of
rectitude, I shall think myself obliged to make those opinions the masters of
my conscience. But if it may be doubted whether Omnipotence itself is
competent to alter the essential constitution of right and wrong, sure I am
that such things as they and I are possessed of no such power. No man
carries further than I do the policy of making government pleasing to the
people. But the widest range of this politic complaisance is confined within
the limits of justice. I would not only consult the interest of the people, but I
would cheerfully gratify their humors. We are all a sort of children that
must be soothed and managed. I think I am not austere or formal in my
nature. I would bear, I would even play my part in, any innocent
buffooneries, to divert them. But I never will act the tyrant for their
amusement. If they will mix malice in their sports, I shall never consent to
throw them any living, sentient creature whatsoever, no, not so much as a
kitling, to torment.
"But if I profess all this impolitic stubbornness, I may chance never to be
elected into Parliament."—It is certainly not pleasing to be put out of the
public service. But I wish to be a member of Parliament to have my share of
doing good and resisting evil. It would therefore be absurd to renounce my
objects in order to obtain my seat. I deceive myself, indeed, most grossly, if
I had not much rather pass the remainder of my life hidden in the recesses
of the deepest obscurity, feeding my mind even with the visions and
imaginations of such things, than to be placed on the most splendid throne
of the universe, tantalized with a denial of the practice of all which can
make the greatest situation any other than the greatest curse. Gentlemen, I
have had my day. I can never sufficiently express my gratitude to you for
having set me in a place wherein I could lend the slightest help to great and
laudable designs. If I have had my share in any measure giving quiet to
Page 358
private property and private conscience,—if by my vote I have aided in
securing to families the best possession, peace,—if I have joined in
reconciling kings to their subjects, and subjects to their prince,—if I have
assisted to loosen the foreign holdings of the citizen, and taught him to look
for his protection to the laws of his country, and for his comfort to the good-
will of his countrymen,—if I have thus taken my part with the best of men
in the best of their actions, I can shut the book: I might wish to read a page
or two more, but this is enough for my measure. I have not lived in vain.
And now, Gentlemen, on this serious day, when I come, as it were, to
make up my account with you, let me take to myself some degree of honest
pride on the nature of the charges that are against me. I do not here stand
before you accused of venality, or of neglect of duty. It is not said, that, in
the long period of my service, I have, in a single instance, sacrificed the
slightest of your interests to my ambition or to my fortune. It is not alleged,
that, to gratify any anger or revenge of my own, or of my party, I have had a
share in wronging or oppressing any description of men, or any one man in
any description. No! the charges against me are all of one kind: that I have
pushed the principles of general justice and benevolence too far,—further
than a cautious policy would warrant, and further than the opinions of many
would go along with me. In every accident which may happen through life,
in pain, in sorrow, in depression, and distress, I will call to mind this
accusation, and be comforted.
Gentlemen, I submit the whole to your judgment. Mr. Mayor, I thank you
for the trouble you have taken on this occasion: in your state of health it is
particularly obliging. If this company should think it advisable for me to
withdraw, I shall respectfully retire; if you think otherwise, I shall go
directly to the Council-House and to the 'Change, and without a moment's
delay begin my canvass.
securing to families the best possession, peace,—if I have joined in
reconciling kings to their subjects, and subjects to their prince,—if I have
assisted to loosen the foreign holdings of the citizen, and taught him to look
for his protection to the laws of his country, and for his comfort to the good-
will of his countrymen,—if I have thus taken my part with the best of men
in the best of their actions, I can shut the book: I might wish to read a page
or two more, but this is enough for my measure. I have not lived in vain.
And now, Gentlemen, on this serious day, when I come, as it were, to
make up my account with you, let me take to myself some degree of honest
pride on the nature of the charges that are against me. I do not here stand
before you accused of venality, or of neglect of duty. It is not said, that, in
the long period of my service, I have, in a single instance, sacrificed the
slightest of your interests to my ambition or to my fortune. It is not alleged,
that, to gratify any anger or revenge of my own, or of my party, I have had a
share in wronging or oppressing any description of men, or any one man in
any description. No! the charges against me are all of one kind: that I have
pushed the principles of general justice and benevolence too far,—further
than a cautious policy would warrant, and further than the opinions of many
would go along with me. In every accident which may happen through life,
in pain, in sorrow, in depression, and distress, I will call to mind this
accusation, and be comforted.
Gentlemen, I submit the whole to your judgment. Mr. Mayor, I thank you
for the trouble you have taken on this occasion: in your state of health it is
particularly obliging. If this company should think it advisable for me to
withdraw, I shall respectfully retire; if you think otherwise, I shall go
directly to the Council-House and to the 'Change, and without a moment's
delay begin my canvass.
Page 359
BRISTOL, September 6, 1780.
At a great and respectable meeting of the friends of EDMUND BURKE,
Esq., held at the Guildhall this day, the Right Worshipful the Mayor in the
chair:—Resolved, That Mr. Burke, as a representative for this city, has done
all possible honor to himself as a senator and a man, and that we do heartily
and honestly approve of his conduct, as the result of an enlightened loyalty
to his sovereign, a warm and zealous love to his country through its widely
extended empire, a jealous and watchful care of the liberties of his fellow-
subjects, an enlarged and liberal understanding of our commercial interest, a
humane attention to the circumstances of even the lowest ranks of the
community, and a truly wise, politic, and tolerant spirit, in supporting the
national church, with a reasonable indulgence to all who dissent from it;
and we wish to express the most marked abhorrence of the base arts which
have been employed, without regard to truth and reason, to misrepresent his
eminent services to his country.
Resolved, That this resolution be copied out, and signed by the chairman,
and be by him presented to Mr. Burke, as the fullest expression of the
respectful and grateful sense we entertain of his merits and services, public
and private, to the citizens of Bristol, as a man and a representative.
Resolved, That the thanks of this meeting be given to the Right
Worshipful the Mayor, who so ably and worthily presided in this meeting.
Resolved, That it is the earnest request of this meeting to Mr. Burke, that
he should again offer himself a candidate to represent this city in
Parliament; assuring him of that full and strenuous support which is due to
the merits of so excellent a representative.
At a great and respectable meeting of the friends of EDMUND BURKE,
Esq., held at the Guildhall this day, the Right Worshipful the Mayor in the
chair:—Resolved, That Mr. Burke, as a representative for this city, has done
all possible honor to himself as a senator and a man, and that we do heartily
and honestly approve of his conduct, as the result of an enlightened loyalty
to his sovereign, a warm and zealous love to his country through its widely
extended empire, a jealous and watchful care of the liberties of his fellow-
subjects, an enlarged and liberal understanding of our commercial interest, a
humane attention to the circumstances of even the lowest ranks of the
community, and a truly wise, politic, and tolerant spirit, in supporting the
national church, with a reasonable indulgence to all who dissent from it;
and we wish to express the most marked abhorrence of the base arts which
have been employed, without regard to truth and reason, to misrepresent his
eminent services to his country.
Resolved, That this resolution be copied out, and signed by the chairman,
and be by him presented to Mr. Burke, as the fullest expression of the
respectful and grateful sense we entertain of his merits and services, public
and private, to the citizens of Bristol, as a man and a representative.
Resolved, That the thanks of this meeting be given to the Right
Worshipful the Mayor, who so ably and worthily presided in this meeting.
Resolved, That it is the earnest request of this meeting to Mr. Burke, that
he should again offer himself a candidate to represent this city in
Parliament; assuring him of that full and strenuous support which is due to
the merits of so excellent a representative.
Page 360
This business being over, Mr. Burke went to the Exchange, and offered
himself as a candidate in the usual manner. He was accompanied to the
Council-House, and from thence to the Exchange, by a large body of most
respectable gentlemen, amongst whom were the following members of the
corporation, viz.: Mr. Mayor, Mr. Alderman Smith, Mr. Alderman Deane,
Mr. Alderman Gordon, William Weare, Samuel Munckley, John Merlott,
John Crofts, Levy Ames, John Fisher Weare, Benjamin Loscombe, Philip
Protheroe, Samuel Span, Joseph Smith, Richard Bright and John Noble,
Esquires.
FOOTNOTES:
[48] Irish Perpetual Mutiny Act.
[49] Mr. Williams.
[50] The Chancellor.
himself as a candidate in the usual manner. He was accompanied to the
Council-House, and from thence to the Exchange, by a large body of most
respectable gentlemen, amongst whom were the following members of the
corporation, viz.: Mr. Mayor, Mr. Alderman Smith, Mr. Alderman Deane,
Mr. Alderman Gordon, William Weare, Samuel Munckley, John Merlott,
John Crofts, Levy Ames, John Fisher Weare, Benjamin Loscombe, Philip
Protheroe, Samuel Span, Joseph Smith, Richard Bright and John Noble,
Esquires.
FOOTNOTES:
[48] Irish Perpetual Mutiny Act.
[49] Mr. Williams.
[50] The Chancellor.
Page 361
SPEECH AT BRISTOL,
ON
DECLINING THE POLL
1780.
BRISTOL, Saturday, 9th Sept, 1780.
This morning the sheriff and candidates assembled as usual at the
Council-House, and from thence proceeded to Guildhall.
Proclamation being made for the electors to appear and give their
votes, Mr. BURKE stood forward on the hustings, surrounded by a
great number of the corporation and other principal citizens, and
addressed himself to the whole assembly as follows.
Gentlemen,—I decline the election. It has ever been my rule through life
to observe a proportion between my efforts and my objects. I have never
been remarkable for a bold, active, and sanguine pursuit of advantages that
are personal to myself.
I have not canvassed the whole of this city in form, but I have taken such
a view of it as satisfies my own mind that your choice will not ultimately
fall upon me. Your city, Gentlemen, is in a state of miserable distraction,
ON
DECLINING THE POLL
1780.
BRISTOL, Saturday, 9th Sept, 1780.
This morning the sheriff and candidates assembled as usual at the
Council-House, and from thence proceeded to Guildhall.
Proclamation being made for the electors to appear and give their
votes, Mr. BURKE stood forward on the hustings, surrounded by a
great number of the corporation and other principal citizens, and
addressed himself to the whole assembly as follows.
Gentlemen,—I decline the election. It has ever been my rule through life
to observe a proportion between my efforts and my objects. I have never
been remarkable for a bold, active, and sanguine pursuit of advantages that
are personal to myself.
I have not canvassed the whole of this city in form, but I have taken such
a view of it as satisfies my own mind that your choice will not ultimately
fall upon me. Your city, Gentlemen, is in a state of miserable distraction,
Page 362
and I am resolved to withdraw whatever share my pretensions may have
had in its unhappy divisions. I have not been in haste; I have tried all
prudent means; I have waited for the effect of all contingencies. If I were
fond of a contest, by the partiality of my numerous friends (whom you
know to be among the most weighty and respectable people of the city) I
have the means of a sharp one in my hands. But I thought it far better, with
my strength unspent, and my reputation unimpaired, to do, early and from
foresight, that which I might be obliged to do from necessity at last.
I am not in the least surprised nor in the least angry at this view of things.
I have read the book of life for a long time, and I have read other books a
little. Nothing has happened to me, but what has happened to men much
better than me, and in times and in nations full as good as the age and
country that we live in. To say that I am no way concerned would be neither
decent nor true. The representation of Bristol was an object on many
accounts dear to me; and I certainly should very far prefer it to any other in
the kingdom. My habits are made to it; and it is in general more unpleasant
to be rejected after long trial than not to be chosen at all.
But, Gentlemen, I will see nothing except your former kindness, and I
will give way to no other sentiments than those of gratitude. From the
bottom of my heart I thank you for what you have done for me. You have
given me a long term, which is now expired. I have performed the
conditions, and enjoyed all the profits to the full; and I now surrender your
estate into your hands, without being in a single tile or a single stone
impaired or wasted by my use. I have served the public for fifteen years. I
have served you in particular for six. What is past is well stored; it is safe,
and out of the power of fortune. What is to come is in wiser hands than
ours; and He in whose hands it is best knows whether it is best for you and
me that I should be in Parliament, or even in the world.
had in its unhappy divisions. I have not been in haste; I have tried all
prudent means; I have waited for the effect of all contingencies. If I were
fond of a contest, by the partiality of my numerous friends (whom you
know to be among the most weighty and respectable people of the city) I
have the means of a sharp one in my hands. But I thought it far better, with
my strength unspent, and my reputation unimpaired, to do, early and from
foresight, that which I might be obliged to do from necessity at last.
I am not in the least surprised nor in the least angry at this view of things.
I have read the book of life for a long time, and I have read other books a
little. Nothing has happened to me, but what has happened to men much
better than me, and in times and in nations full as good as the age and
country that we live in. To say that I am no way concerned would be neither
decent nor true. The representation of Bristol was an object on many
accounts dear to me; and I certainly should very far prefer it to any other in
the kingdom. My habits are made to it; and it is in general more unpleasant
to be rejected after long trial than not to be chosen at all.
But, Gentlemen, I will see nothing except your former kindness, and I
will give way to no other sentiments than those of gratitude. From the
bottom of my heart I thank you for what you have done for me. You have
given me a long term, which is now expired. I have performed the
conditions, and enjoyed all the profits to the full; and I now surrender your
estate into your hands, without being in a single tile or a single stone
impaired or wasted by my use. I have served the public for fifteen years. I
have served you in particular for six. What is past is well stored; it is safe,
and out of the power of fortune. What is to come is in wiser hands than
ours; and He in whose hands it is best knows whether it is best for you and
me that I should be in Parliament, or even in the world.
Page 363
Gentlemen, the melancholy event of yesterday reads to us an awful
lesson against being too much troubled about any of the objects of ordinary
ambition. The worthy gentleman [51] who has been snatched from us at the
moment of the election, and in the middle of the contest, whilst his desires
were as warm and his hopes as eager as ours, has feelingly told us what
shadows we are and what shadows we pursue.
It has been usual for a candidate who declines to take his leave by a letter
to the sheriffs: but I received your trust in the face of day, and in the face of
day I accept your dismission. I am not—I am not at all ashamed to look
upon you; nor can my presence discompose the order of business here. I
humbly and respectfully take my leave of the sheriffs, the candidates, and
the electors, wishing heartily that the choice may be for the best, at a time
which calls, if ever time did call, for service that is not nominal. It is no
plaything you are about. I tremble, when I consider the trust I have
presumed to ask. I confided, perhaps, too much in my intentions. They were
really fair and upright; and I am bold to say that I ask no ill thing for you,
when, on parting from this place, I pray, that, whomever you choose to
succeed me, he may resemble me exactly in all things, except in my
abilities to serve, and my fortune to please you.
FOOTNOTES:
[51] Mr. Coombe.
lesson against being too much troubled about any of the objects of ordinary
ambition. The worthy gentleman [51] who has been snatched from us at the
moment of the election, and in the middle of the contest, whilst his desires
were as warm and his hopes as eager as ours, has feelingly told us what
shadows we are and what shadows we pursue.
It has been usual for a candidate who declines to take his leave by a letter
to the sheriffs: but I received your trust in the face of day, and in the face of
day I accept your dismission. I am not—I am not at all ashamed to look
upon you; nor can my presence discompose the order of business here. I
humbly and respectfully take my leave of the sheriffs, the candidates, and
the electors, wishing heartily that the choice may be for the best, at a time
which calls, if ever time did call, for service that is not nominal. It is no
plaything you are about. I tremble, when I consider the trust I have
presumed to ask. I confided, perhaps, too much in my intentions. They were
really fair and upright; and I am bold to say that I ask no ill thing for you,
when, on parting from this place, I pray, that, whomever you choose to
succeed me, he may resemble me exactly in all things, except in my
abilities to serve, and my fortune to please you.
FOOTNOTES:
[51] Mr. Coombe.
Page 364
SPEECH
(DECEMBER 1, 1783)
UPON
THE QUESTION FOR THE SPEAKER'S LEAVING THE
CHAIR IN ORDER FOR THE HOUSE
TO RESOLVE ITSELF INTO A COMMITTEE
ON
MR. FOX'S EAST INDIA BILL.
Mr. Speaker,—I thank you for pointing to me. I really wished much to
engage your attention in an early stage of the debate. I have been long very
deeply, though perhaps ineffectually, engaged in the preliminary inquiries,
which have continued without intermission for some years. Though I have
felt, with some degree of sensibility, the natural and inevitable impressions
of the several matters of fact, as they have been successively disclosed, I
have not at any time attempted to trouble you on the merits of the subject,
and very little on any of the points which incidentally arose in the course of
our proceedings. But I should be sorry to be found totally silent upon this
(DECEMBER 1, 1783)
UPON
THE QUESTION FOR THE SPEAKER'S LEAVING THE
CHAIR IN ORDER FOR THE HOUSE
TO RESOLVE ITSELF INTO A COMMITTEE
ON
MR. FOX'S EAST INDIA BILL.
Mr. Speaker,—I thank you for pointing to me. I really wished much to
engage your attention in an early stage of the debate. I have been long very
deeply, though perhaps ineffectually, engaged in the preliminary inquiries,
which have continued without intermission for some years. Though I have
felt, with some degree of sensibility, the natural and inevitable impressions
of the several matters of fact, as they have been successively disclosed, I
have not at any time attempted to trouble you on the merits of the subject,
and very little on any of the points which incidentally arose in the course of
our proceedings. But I should be sorry to be found totally silent upon this
Page 365
day. Our inquiries are now come to their final issue. It is now to be
determined whether the three years of laborious Parliamentary research,
whether the twenty years of patient Indian suffering, are to produce a
substantial reform in our Eastern administration; or whether our knowledge
of the grievances has abated our zeal for the correction of them, and our
very inquiry into the evil was only a pretext to elude the remedy which is
demanded from us by humanity, by justice, and by every principle of true
policy. Depend upon it, this business cannot be indifferent to our fame. It
will turn out a matter of great disgrace or great glory to the whole British
nation. We are on a conspicuous stage, and the world marks our demeanor.
I am therefore a little concerned to perceive the spirit and temper in
which the debate has been all along pursued upon one side of the House.
The declamation of the gentlemen who oppose the bill has been abundant
and vehement; but they have been reserved and even silent about the fitness
or unfitness of the plan to attain the direct object it has in view. By some
gentlemen it is taken up (by way of exercise, I presume) as a point of law,
on a question of private property and corporate franchise; by others it is
regarded as the petty intrigue of a faction at court, and argued merely as it
tends to set this man a little higher or that a little lower in situation and
power. All the void has been filled up with invectives against coalition, with
allusions to the loss of America, with the activity and inactivity of
ministers. The total silence of these gentlemen concerning the interest and
well-being of the people of India, and concerning the interest which this
nation has in the commerce and revenues of that country, is a strong
indication of the value which they set upon these objects.
It has been a little painful to me to observe the intrusion into this
important debate of such company as quo warranto, and mandamus, and
certiorari: as if we were on a trial about mayors and aldermen and capital
burgesses, or engaged in a suit concerning the borough of Penryn, or
determined whether the three years of laborious Parliamentary research,
whether the twenty years of patient Indian suffering, are to produce a
substantial reform in our Eastern administration; or whether our knowledge
of the grievances has abated our zeal for the correction of them, and our
very inquiry into the evil was only a pretext to elude the remedy which is
demanded from us by humanity, by justice, and by every principle of true
policy. Depend upon it, this business cannot be indifferent to our fame. It
will turn out a matter of great disgrace or great glory to the whole British
nation. We are on a conspicuous stage, and the world marks our demeanor.
I am therefore a little concerned to perceive the spirit and temper in
which the debate has been all along pursued upon one side of the House.
The declamation of the gentlemen who oppose the bill has been abundant
and vehement; but they have been reserved and even silent about the fitness
or unfitness of the plan to attain the direct object it has in view. By some
gentlemen it is taken up (by way of exercise, I presume) as a point of law,
on a question of private property and corporate franchise; by others it is
regarded as the petty intrigue of a faction at court, and argued merely as it
tends to set this man a little higher or that a little lower in situation and
power. All the void has been filled up with invectives against coalition, with
allusions to the loss of America, with the activity and inactivity of
ministers. The total silence of these gentlemen concerning the interest and
well-being of the people of India, and concerning the interest which this
nation has in the commerce and revenues of that country, is a strong
indication of the value which they set upon these objects.
It has been a little painful to me to observe the intrusion into this
important debate of such company as quo warranto, and mandamus, and
certiorari: as if we were on a trial about mayors and aldermen and capital
burgesses, or engaged in a suit concerning the borough of Penryn, or
Page 366
Saltash, or St. Ives, or St. Mawes. Gentlemen have argued with as much
heat and passion as if the first things in the world were at stake; and their
topics are such as belong only to matter of the lowest and meanest
litigation. It is not right, it is not worthy of us, in this manner to depreciate
the value, to degrade the majesty, of this grave deliberation of policy and
empire.
For my part, I have thought myself bound, when a matter of this
extraordinary weight came before me, not to consider (as some gentlemen
are so fond of doing) whether the bill originated from a Secretary of State
for the Home Department or from a Secretary for the Foreign, from a
minister of influence or a minister of the people, from Jacob or from Esau.
[52] I asked myself, and I asked myself nothing else, what part it was fit for
a member of Parliament, who has supplied a mediocrity of talents by the
extreme of diligence, and who has thought himself obliged by the research
of years to wind himself into the inmost recesses and labyrinths of the
Indian detail,—what part, I say, it became such a member of Parliament to
take, when a minister of state, in conformity to a recommendation from the
throne, has brought before us a system for the better government of the
territory and commerce of the East. In this light, and in this only, I will
trouble you with my sentiments.
It is not only agreed, but demanded, by the right honorable gentleman,[53]
and by those who act with him, that a whole system ought to be produced;
that it ought not to be an half-measure; that it ought to be no palliative, but
a legislative provision, vigorous, substantial, and effective.—I believe that
no man who understands the subject can doubt for a moment that those
must be the conditions of anything deserving the name of a reform in the
Indian government; that anything short of them would not only be delusive,
but, in this matter, which admits no medium, noxious in the extreme.
heat and passion as if the first things in the world were at stake; and their
topics are such as belong only to matter of the lowest and meanest
litigation. It is not right, it is not worthy of us, in this manner to depreciate
the value, to degrade the majesty, of this grave deliberation of policy and
empire.
For my part, I have thought myself bound, when a matter of this
extraordinary weight came before me, not to consider (as some gentlemen
are so fond of doing) whether the bill originated from a Secretary of State
for the Home Department or from a Secretary for the Foreign, from a
minister of influence or a minister of the people, from Jacob or from Esau.
[52] I asked myself, and I asked myself nothing else, what part it was fit for
a member of Parliament, who has supplied a mediocrity of talents by the
extreme of diligence, and who has thought himself obliged by the research
of years to wind himself into the inmost recesses and labyrinths of the
Indian detail,—what part, I say, it became such a member of Parliament to
take, when a minister of state, in conformity to a recommendation from the
throne, has brought before us a system for the better government of the
territory and commerce of the East. In this light, and in this only, I will
trouble you with my sentiments.
It is not only agreed, but demanded, by the right honorable gentleman,[53]
and by those who act with him, that a whole system ought to be produced;
that it ought not to be an half-measure; that it ought to be no palliative, but
a legislative provision, vigorous, substantial, and effective.—I believe that
no man who understands the subject can doubt for a moment that those
must be the conditions of anything deserving the name of a reform in the
Indian government; that anything short of them would not only be delusive,
but, in this matter, which admits no medium, noxious in the extreme.
Page 367
To all the conditions proposed by his adversaries the mover of the bill
perfectly agrees; and on his performance of them he rests his cause. On the
other hand, not the least objection has been taken with regard to the
efficiency, the vigor, or the completeness of the scheme. I am therefore
warranted to assume, as a thing admitted, that the bills accomplish what
both sides of the House demand as essential. The end is completely
answered, so for as the direct and immediate object is concerned.
But though there are no direct, yet there are various collateral objections
made: objections from the effects which this plan of reform for Indian
administration may have on the privileges of great public bodies in
England; from its probable influence on the constitutional rights, or on the
freedom and integrity, of the several branches of the legislature.
Before I answer these objections, I must beg leave to observe, that, if we
are not able to contrive some method of governing India well, which will
not of necessity become the means of governing Great Britain ill, a ground
is laid for their eternal separation, but none for sacrificing the people of that
country to our Constitution. I am, however, far from being persuaded that
any such incompatibility of interest does at all exist. On the contrary, I am
certain that every means effectual to preserve India from oppression is a
guard to preserve the British Constitution from its worst corruption. To
show this, I will consider the objections, which, I think, are four.
1st, That the bill is an attack on the chartered rights of men.
2ndly, That it increases the influence of the crown.
3rdly, That it does not increase, but diminishes, the influence of the
crown, in order to promote the interests of certain ministers and their party.
4thly, That it deeply affects the national credit.
perfectly agrees; and on his performance of them he rests his cause. On the
other hand, not the least objection has been taken with regard to the
efficiency, the vigor, or the completeness of the scheme. I am therefore
warranted to assume, as a thing admitted, that the bills accomplish what
both sides of the House demand as essential. The end is completely
answered, so for as the direct and immediate object is concerned.
But though there are no direct, yet there are various collateral objections
made: objections from the effects which this plan of reform for Indian
administration may have on the privileges of great public bodies in
England; from its probable influence on the constitutional rights, or on the
freedom and integrity, of the several branches of the legislature.
Before I answer these objections, I must beg leave to observe, that, if we
are not able to contrive some method of governing India well, which will
not of necessity become the means of governing Great Britain ill, a ground
is laid for their eternal separation, but none for sacrificing the people of that
country to our Constitution. I am, however, far from being persuaded that
any such incompatibility of interest does at all exist. On the contrary, I am
certain that every means effectual to preserve India from oppression is a
guard to preserve the British Constitution from its worst corruption. To
show this, I will consider the objections, which, I think, are four.
1st, That the bill is an attack on the chartered rights of men.
2ndly, That it increases the influence of the crown.
3rdly, That it does not increase, but diminishes, the influence of the
crown, in order to promote the interests of certain ministers and their party.
4thly, That it deeply affects the national credit.
Page 368
As to the first of these objections, I must observe that the phrase of "the
chartered rights of men" is full of affectation, and very unusual in the
discussion of privileges conferred by charters of the present description. But
it is not difficult to discover what end that ambiguous mode of expression,
so often reiterated, is meant to answer.
The rights of men—that is to say, the natural rights of mankind—are
indeed sacred things; and if any public measure is proved mischievously to
affect them, the objection ought to be fatal to that measure, even if no
charter at all could be set up against it. If these natural rights are further
affirmed and declared by express covenants, if they are clearly defined and
secured against chicane, against power and authority, by written instruments
and positive engagements, they are in a still better condition: they partake
not only of the sanctity of the object so secured, but of that solemn public
faith itself which secures an object of such importance. Indeed, this formal
recognition, by the sovereign power, of an original right in the subject, can
never be subverted, but by rooting up the holding radical principles of
government, and even of society itself. The charters which we call by
distinction great are public instruments of this nature: I mean the charters of
King John and King Henry the Third. The things secured by these
instruments may, without any deceitful ambiguity, be very fitly called the
chartered rights of men.
These charters have made the very name of a charter dear to the heart of
every Englishman. But, Sir, there may be, and there are, charters, not only
different in nature, but formed on principles the very reverse of those of the
Great Charter. Of this kind is the charter of the East India Company. Magna
Charta is a charter to restrain power and to destroy monopoly. The East
India charter is a charter to establish monopoly and to create power.
Political power and commercial monopoly are not the rights of men; and
the rights to them derived from charters it is fallacious and sophistical to
chartered rights of men" is full of affectation, and very unusual in the
discussion of privileges conferred by charters of the present description. But
it is not difficult to discover what end that ambiguous mode of expression,
so often reiterated, is meant to answer.
The rights of men—that is to say, the natural rights of mankind—are
indeed sacred things; and if any public measure is proved mischievously to
affect them, the objection ought to be fatal to that measure, even if no
charter at all could be set up against it. If these natural rights are further
affirmed and declared by express covenants, if they are clearly defined and
secured against chicane, against power and authority, by written instruments
and positive engagements, they are in a still better condition: they partake
not only of the sanctity of the object so secured, but of that solemn public
faith itself which secures an object of such importance. Indeed, this formal
recognition, by the sovereign power, of an original right in the subject, can
never be subverted, but by rooting up the holding radical principles of
government, and even of society itself. The charters which we call by
distinction great are public instruments of this nature: I mean the charters of
King John and King Henry the Third. The things secured by these
instruments may, without any deceitful ambiguity, be very fitly called the
chartered rights of men.
These charters have made the very name of a charter dear to the heart of
every Englishman. But, Sir, there may be, and there are, charters, not only
different in nature, but formed on principles the very reverse of those of the
Great Charter. Of this kind is the charter of the East India Company. Magna
Charta is a charter to restrain power and to destroy monopoly. The East
India charter is a charter to establish monopoly and to create power.
Political power and commercial monopoly are not the rights of men; and
the rights to them derived from charters it is fallacious and sophistical to
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call "the chartered rights of men." These chartered rights (to speak of such
charters and of their effects in terms of the greatest possible moderation) do
at least suspend the natural rights of mankind at large, and in their very
frame and constitution are liable to fall into a direct violation of them.
It is a charter of this latter description (that is to say, a charter of power
and monopoly) which is affected by the bill before you. The bill, Sir, does
without question affect it: it does affect it essentially and substantially. But,
having stated to you of what description the chartered rights are which this
bill touches, I feel no difficulty at all in acknowledging the existence of
those chartered rights in their fullest extent. They belong to the Company in
the surest manner, and they are secured to that body by every sort of public
sanction. They are stamped by the faith of the king; they are stamped by the
faith of Parliament: they have been bought for money, for money honestly
and fairly paid; they have been bought for valuable consideration, over and
over again.
I therefore freely admit to the East India Company their claim to exclude
their fellow-subjects from the commerce of half the globe. I admit their
claim to administer an annual territorial revenue of seven millions sterling,
to command an army of sixty thousand men, and to dispose (under the
control of a sovereign, imperial discretion, and with the due observance of
the natural and local law) of the lives and fortunes of thirty millions of their
fellow-creatures. All this they possess by charter, and by Acts of Parliament,
(in my opinion,) without a shadow of controversy.
Those who carry the rights and claims of the Company the furthest do not
contend for more than this; and all this I freely grant. But, granting all this,
they must grant to me, in my turn, that all political power which is set over
men, and that all privilege claimed or exercised in exclusion of them, being
wholly artificial, and for so much a derogation from the natural equality of
charters and of their effects in terms of the greatest possible moderation) do
at least suspend the natural rights of mankind at large, and in their very
frame and constitution are liable to fall into a direct violation of them.
It is a charter of this latter description (that is to say, a charter of power
and monopoly) which is affected by the bill before you. The bill, Sir, does
without question affect it: it does affect it essentially and substantially. But,
having stated to you of what description the chartered rights are which this
bill touches, I feel no difficulty at all in acknowledging the existence of
those chartered rights in their fullest extent. They belong to the Company in
the surest manner, and they are secured to that body by every sort of public
sanction. They are stamped by the faith of the king; they are stamped by the
faith of Parliament: they have been bought for money, for money honestly
and fairly paid; they have been bought for valuable consideration, over and
over again.
I therefore freely admit to the East India Company their claim to exclude
their fellow-subjects from the commerce of half the globe. I admit their
claim to administer an annual territorial revenue of seven millions sterling,
to command an army of sixty thousand men, and to dispose (under the
control of a sovereign, imperial discretion, and with the due observance of
the natural and local law) of the lives and fortunes of thirty millions of their
fellow-creatures. All this they possess by charter, and by Acts of Parliament,
(in my opinion,) without a shadow of controversy.
Those who carry the rights and claims of the Company the furthest do not
contend for more than this; and all this I freely grant. But, granting all this,
they must grant to me, in my turn, that all political power which is set over
men, and that all privilege claimed or exercised in exclusion of them, being
wholly artificial, and for so much a derogation from the natural equality of
Page 370
mankind at large, ought to be some way or other exercised ultimately for
their benefit.
If this is true with regard to every species of political dominion and every
description of commercial privilege, none of which can be original, self-
derived rights, or grants for the mere private benefit of the holders, then
such rights, or privileges, or whatever else you choose to call them, are all
in the strictest sense a trust: and it is of the very essence of every trust to be
rendered accountable,—and even totally to cease, when it substantially
varies from the purposes for which alone it could have a lawful existence.
This I conceive, Sir, to be true of trusts of power vested in the highest
hands, and of such, as seem to hold of no human creature. But about the
application of this principle to subordinate derivative trusts I do not see how
a controversy can be maintained. To whom, then, would I make the East
India Company accountable? Why, to Parliament, to be sure,—to
Parliament, from whom their trust was derived,—to Parliament, which
alone is capable of comprehending the magnitude of its object, and its
abuse, and alone capable of an effectual legislative remedy. The very
charter, which is held out to exclude Parliament from correcting
malversation with regard to the high trust vested in the Company, is the
very thing which at once gives a title and imposes a duty on us to interfere
with effect, wherever power and authority originating from ourselves are
perverted from their purposes, and become instruments of wrong and
violence.
If Parliament, Sir, had nothing to do with this charter, we might have
some sort of Epicurean excuse to stand aloof, indifferent spectators of what
passes in the Company's name in India and in London. But if we are the
very cause of the evil, we are in a special manner engaged to the redress;
and for us passively to bear with oppressions committed under the sanction
their benefit.
If this is true with regard to every species of political dominion and every
description of commercial privilege, none of which can be original, self-
derived rights, or grants for the mere private benefit of the holders, then
such rights, or privileges, or whatever else you choose to call them, are all
in the strictest sense a trust: and it is of the very essence of every trust to be
rendered accountable,—and even totally to cease, when it substantially
varies from the purposes for which alone it could have a lawful existence.
This I conceive, Sir, to be true of trusts of power vested in the highest
hands, and of such, as seem to hold of no human creature. But about the
application of this principle to subordinate derivative trusts I do not see how
a controversy can be maintained. To whom, then, would I make the East
India Company accountable? Why, to Parliament, to be sure,—to
Parliament, from whom their trust was derived,—to Parliament, which
alone is capable of comprehending the magnitude of its object, and its
abuse, and alone capable of an effectual legislative remedy. The very
charter, which is held out to exclude Parliament from correcting
malversation with regard to the high trust vested in the Company, is the
very thing which at once gives a title and imposes a duty on us to interfere
with effect, wherever power and authority originating from ourselves are
perverted from their purposes, and become instruments of wrong and
violence.
If Parliament, Sir, had nothing to do with this charter, we might have
some sort of Epicurean excuse to stand aloof, indifferent spectators of what
passes in the Company's name in India and in London. But if we are the
very cause of the evil, we are in a special manner engaged to the redress;
and for us passively to bear with oppressions committed under the sanction
Page 371
of our own authority is in truth and reason for this House to be an active
accomplice in the abuse.
That the power, notoriously grossly abused, has been bought from us is
very certain. But this circumstance, which is urged against the bill, becomes
an additional motive for our interference, lest we should be thought to have
sold the blood of millions of men for the base consideration of money. We
sold, I admit, all that we had to sell,—that is, our authority, not our control.
We had not a right to make a market of our duties.
I ground myself, therefore, on this principle:—that, if the abuse is
proved, the contract is broken, and we reënter into all our rights, that is, into
the exercise of all our duties. Our own authority is, indeed, as much a trust
originally as the Company's authority is a trust derivatively; and it is the use
we make of the resumed power that must justify or condemn us in the
resumption of it. When we have perfected the plan laid before us by the
right honorable mover, the world will then see what it is we destroy, and
what it is we create. By that test we stand or fall; and by that test I trust that
it will be found, in the issue, that we are going to supersede a charter abused
to the full extent of all the powers which it could abuse, and exercised in the
plenitude of despotism, tyranny, and corruption,—and that in one and the
same plan we provide a real chartered security for the rights of men, cruelly
violated under that charter.
This bill, and those connected with it, are intended to form the Magna
Charta of Hindostan. Whatever the Treaty of Westphalia is to the liberty of
the princes and free cities of the Empire, and to the three religions there
professed,—whatever the Great Charter, the Statute of Tallage, the Petition
of Right, and the Declaration of Right are to Great Britain, these bills are to
the people of India. Of this benefit I am certain their condition is capable:
and when I know that they are capable of more, my vote shall most
accomplice in the abuse.
That the power, notoriously grossly abused, has been bought from us is
very certain. But this circumstance, which is urged against the bill, becomes
an additional motive for our interference, lest we should be thought to have
sold the blood of millions of men for the base consideration of money. We
sold, I admit, all that we had to sell,—that is, our authority, not our control.
We had not a right to make a market of our duties.
I ground myself, therefore, on this principle:—that, if the abuse is
proved, the contract is broken, and we reënter into all our rights, that is, into
the exercise of all our duties. Our own authority is, indeed, as much a trust
originally as the Company's authority is a trust derivatively; and it is the use
we make of the resumed power that must justify or condemn us in the
resumption of it. When we have perfected the plan laid before us by the
right honorable mover, the world will then see what it is we destroy, and
what it is we create. By that test we stand or fall; and by that test I trust that
it will be found, in the issue, that we are going to supersede a charter abused
to the full extent of all the powers which it could abuse, and exercised in the
plenitude of despotism, tyranny, and corruption,—and that in one and the
same plan we provide a real chartered security for the rights of men, cruelly
violated under that charter.
This bill, and those connected with it, are intended to form the Magna
Charta of Hindostan. Whatever the Treaty of Westphalia is to the liberty of
the princes and free cities of the Empire, and to the three religions there
professed,—whatever the Great Charter, the Statute of Tallage, the Petition
of Right, and the Declaration of Right are to Great Britain, these bills are to
the people of India. Of this benefit I am certain their condition is capable:
and when I know that they are capable of more, my vote shall most
Page 372
assuredly be for our giving to the full extent of their capacity of receiving;
and no charter of dominion shall stand as a bar in my way to their charter of
safety and protection.
The strong admission I have made of the Company's rights (I am
conscious of it) binds me to do a great deal. I do not presume to condemn
those who argue a priori against the propriety of leaving such extensive
political powers in the hands of a company of merchants. I know much is,
and much more may be, said against such a system. But, with my particular
ideas and sentiments, I cannot go that way to work. I feel an insuperable
reluctance in giving my hand to destroy any established institution of
government, upon a theory, however plausible it may be. My experience in
life teaches me nothing clear upon the subject. I have known merchants
with the sentiments and the abilities of great statesmen, and I have seen
persons in the rank of statesmen with the conceptions and character of
peddlers. Indeed, my observation has furnished me with nothing that is to
be found in any habits of life or education, which tends wholly to disqualify
men for the functions of government, but that by which the power of
exercising those functions is very frequently obtained: I mean a spirit and
habits of low cabal and intrigue; which I have never, in one instance, seen
united with a capacity for sound and manly policy.
To justify us in taking the administration of their affairs out of the hands
of the East India Company, on my principles, I must see several conditions.
1st, The object affected by the abuse should be great and important. 2nd,
The abuse affecting this great object ought to be a great abuse. 3d, It ought
to be habitual, and not accidental. 4th, It ought to be utterly incurable in the
body as it now stands constituted. All this ought to be made as visible to me
as the light of the sun, before I should strike off an atom of their charter. A
right honorable gentleman[54] has said, and said, I think, but once, and that
very slightly, (whatever his original demand for a plan might seem to
and no charter of dominion shall stand as a bar in my way to their charter of
safety and protection.
The strong admission I have made of the Company's rights (I am
conscious of it) binds me to do a great deal. I do not presume to condemn
those who argue a priori against the propriety of leaving such extensive
political powers in the hands of a company of merchants. I know much is,
and much more may be, said against such a system. But, with my particular
ideas and sentiments, I cannot go that way to work. I feel an insuperable
reluctance in giving my hand to destroy any established institution of
government, upon a theory, however plausible it may be. My experience in
life teaches me nothing clear upon the subject. I have known merchants
with the sentiments and the abilities of great statesmen, and I have seen
persons in the rank of statesmen with the conceptions and character of
peddlers. Indeed, my observation has furnished me with nothing that is to
be found in any habits of life or education, which tends wholly to disqualify
men for the functions of government, but that by which the power of
exercising those functions is very frequently obtained: I mean a spirit and
habits of low cabal and intrigue; which I have never, in one instance, seen
united with a capacity for sound and manly policy.
To justify us in taking the administration of their affairs out of the hands
of the East India Company, on my principles, I must see several conditions.
1st, The object affected by the abuse should be great and important. 2nd,
The abuse affecting this great object ought to be a great abuse. 3d, It ought
to be habitual, and not accidental. 4th, It ought to be utterly incurable in the
body as it now stands constituted. All this ought to be made as visible to me
as the light of the sun, before I should strike off an atom of their charter. A
right honorable gentleman[54] has said, and said, I think, but once, and that
very slightly, (whatever his original demand for a plan might seem to
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require,) that "there are abuses in the Company's government." If that were
all, the scheme of the mover of this bill, the scheme of his learned friend,
and his own scheme of reformation, (if he has any,) are all equally needless.
There are, and must be, abuses in all governments. It amounts to no more
than a nugatory proposition. But before I consider of what nature these
abuses are, of which the gentleman speaks so very lightly, permit me to
recall to your recollection the map of the country which this abused
chartered right affects. This I shall do, that you may judge whether in that
map I can discover anything like the first of my conditions: that is, whether
the object affected by the abuse of the East India Company's power be of
importance sufficient to justify the measure and means of reform applied to
it in this bill.
With very few, and those inconsiderable intervals, the British dominion,
either in the Company's name, or in the names of princes absolutely
dependent upon the Company, extends from the mountains that separate
India from Tartary to Cape Comorin, that is, one-and-twenty degrees of
latitude!
In the northern parts it is a solid mass of land, about eight hundred miles
in length, and four or five hundred broad. As you go southward, it becomes
narrower for a space. It afterwards dilates; but, narrower or broader, you
possess the whole eastern and northeastern coast of that vast country, quite
from the borders of Pegu.—Bengal, Bahar, and Orissa, with Benares, (now
unfortunately in our immediate possession,) measure 161,978 square
English miles: a territory considerably larger than the whole kingdom of
France. Oude, with its dependent provinces, is 53,286 square miles: not a
great deal less than England. The Carnatic, with Tanjore and the Circars, is
65,948 square miles: very considerably larger than England. And the whole
of the Company's dominions, comprehending Bombay and Salsette,
amounts to 281,412 square miles: which forms a territory larger than any
all, the scheme of the mover of this bill, the scheme of his learned friend,
and his own scheme of reformation, (if he has any,) are all equally needless.
There are, and must be, abuses in all governments. It amounts to no more
than a nugatory proposition. But before I consider of what nature these
abuses are, of which the gentleman speaks so very lightly, permit me to
recall to your recollection the map of the country which this abused
chartered right affects. This I shall do, that you may judge whether in that
map I can discover anything like the first of my conditions: that is, whether
the object affected by the abuse of the East India Company's power be of
importance sufficient to justify the measure and means of reform applied to
it in this bill.
With very few, and those inconsiderable intervals, the British dominion,
either in the Company's name, or in the names of princes absolutely
dependent upon the Company, extends from the mountains that separate
India from Tartary to Cape Comorin, that is, one-and-twenty degrees of
latitude!
In the northern parts it is a solid mass of land, about eight hundred miles
in length, and four or five hundred broad. As you go southward, it becomes
narrower for a space. It afterwards dilates; but, narrower or broader, you
possess the whole eastern and northeastern coast of that vast country, quite
from the borders of Pegu.—Bengal, Bahar, and Orissa, with Benares, (now
unfortunately in our immediate possession,) measure 161,978 square
English miles: a territory considerably larger than the whole kingdom of
France. Oude, with its dependent provinces, is 53,286 square miles: not a
great deal less than England. The Carnatic, with Tanjore and the Circars, is
65,948 square miles: very considerably larger than England. And the whole
of the Company's dominions, comprehending Bombay and Salsette,
amounts to 281,412 square miles: which forms a territory larger than any
Page 374
European dominion, Russia and Turkey excepted. Through all that vast
extent of country there is not a man who eats a mouthful of rice but by
permission of the East India Company.
So far with regard to the extent. The population of this great empire is not
easy to be calculated. When the countries of which it is composed came into
our possession, they were all eminently peopled, and eminently productive,
—though at that time considerably declined from their ancient prosperity.
But since they are come into our hands!—--! However, if we make the
period of our estimate immediately before the utter desolation of the
Carnatic, and if we allow for the havoc which our government had even
then made in these regions, we cannot, in my opinion, rate the population at
much less than thirty millions of souls: more than four times the number of
persons in the island of Great Britain.
My next inquiry to that of the number is the quality and description of the
inhabitants. This multitude of men does not consist of an abject and
barbarous populace; much less of gangs of savages, like the Guaranies and
Chiquitos, who wander on the waste borders of the River of Amazons or the
Plate; but a people for ages civilized and cultivated,—cultivated by all the
arts of polished life, whilst we were yet in the woods. There have been (and
still the skeletons remain) princes once of great dignity, authority, and
opulence. There are to be found the chiefs of tribes and nations. There is to
be found an ancient and venerable priesthood, the depository of their laws,
learning, and history, the guides of the people whilst living and their
consolation in death; a nobility of great antiquity and renown; a multitude
of cities, not exceeded in population and trade by those of the first class in
Europe; merchants and bankers, individual houses of whom have once vied
in capital with the Bank of England, whose credit had often supported a
tottering state, and preserved their governments in the midst of war and
desolation; millions of ingenious manufacturers and mechanics; millions of
extent of country there is not a man who eats a mouthful of rice but by
permission of the East India Company.
So far with regard to the extent. The population of this great empire is not
easy to be calculated. When the countries of which it is composed came into
our possession, they were all eminently peopled, and eminently productive,
—though at that time considerably declined from their ancient prosperity.
But since they are come into our hands!—--! However, if we make the
period of our estimate immediately before the utter desolation of the
Carnatic, and if we allow for the havoc which our government had even
then made in these regions, we cannot, in my opinion, rate the population at
much less than thirty millions of souls: more than four times the number of
persons in the island of Great Britain.
My next inquiry to that of the number is the quality and description of the
inhabitants. This multitude of men does not consist of an abject and
barbarous populace; much less of gangs of savages, like the Guaranies and
Chiquitos, who wander on the waste borders of the River of Amazons or the
Plate; but a people for ages civilized and cultivated,—cultivated by all the
arts of polished life, whilst we were yet in the woods. There have been (and
still the skeletons remain) princes once of great dignity, authority, and
opulence. There are to be found the chiefs of tribes and nations. There is to
be found an ancient and venerable priesthood, the depository of their laws,
learning, and history, the guides of the people whilst living and their
consolation in death; a nobility of great antiquity and renown; a multitude
of cities, not exceeded in population and trade by those of the first class in
Europe; merchants and bankers, individual houses of whom have once vied
in capital with the Bank of England, whose credit had often supported a
tottering state, and preserved their governments in the midst of war and
desolation; millions of ingenious manufacturers and mechanics; millions of
Page 375
the most diligent, and not the least intelligent, tillers of the earth. Here are
to be found almost all the religions professed by men,—the Braminical, the
Mussulman, the Eastern and the Western Christian.
If I were to take the whole aggregate of our possessions there, I should
compare it, as the nearest parallel I can find, with the Empire of Germany.
Our immediate possessions I should compare with the Austrian dominions:
and they would not suffer in the comparison. The Nabob of Oude might
stand for the King of Prussia; the Nabob of Arcot I would compare, as
superior in territory, and equal in revenue, to the Elector of Saxony. Cheit
Sing, the Rajah of Benares, might well rank with the Prince of Hesse, at
least; and the Rajah of Tanjore (though hardly equal in extent of dominion,
superior in revenue) to the Elector of Bavaria. The polygars and the
Northern zemindars, and other great chiefs, might well class with the rest of
the princes, dukes, counts, marquises, and bishops in the Empire; all of
whom I mention to honor, and surely without disparagement to any or all of
those most respectable princes and grandees.
All this vast mass, composed of so many orders and classes of men, is
again infinitely diversified by manners, by religion, by hereditary
employment, through all their possible combinations. This renders the
handling of India a matter in an high degree critical and delicate. But, oh, it
has been handled rudely indeed! Even some of the reformers seem to have
forgot that they had anything to do but to regulate the tenants of a manor, or
the shopkeepers of the next county town.
It is an empire of this extent, of this complicated nature, of this dignity
and importance, that I have compared to Germany and the German
government,—not for an exact resemblance, but as a sort of a middle term,
by which India might be approximated to our understandings, and, if
possible, to our feelings, in order to awaken something of sympathy for the
to be found almost all the religions professed by men,—the Braminical, the
Mussulman, the Eastern and the Western Christian.
If I were to take the whole aggregate of our possessions there, I should
compare it, as the nearest parallel I can find, with the Empire of Germany.
Our immediate possessions I should compare with the Austrian dominions:
and they would not suffer in the comparison. The Nabob of Oude might
stand for the King of Prussia; the Nabob of Arcot I would compare, as
superior in territory, and equal in revenue, to the Elector of Saxony. Cheit
Sing, the Rajah of Benares, might well rank with the Prince of Hesse, at
least; and the Rajah of Tanjore (though hardly equal in extent of dominion,
superior in revenue) to the Elector of Bavaria. The polygars and the
Northern zemindars, and other great chiefs, might well class with the rest of
the princes, dukes, counts, marquises, and bishops in the Empire; all of
whom I mention to honor, and surely without disparagement to any or all of
those most respectable princes and grandees.
All this vast mass, composed of so many orders and classes of men, is
again infinitely diversified by manners, by religion, by hereditary
employment, through all their possible combinations. This renders the
handling of India a matter in an high degree critical and delicate. But, oh, it
has been handled rudely indeed! Even some of the reformers seem to have
forgot that they had anything to do but to regulate the tenants of a manor, or
the shopkeepers of the next county town.
It is an empire of this extent, of this complicated nature, of this dignity
and importance, that I have compared to Germany and the German
government,—not for an exact resemblance, but as a sort of a middle term,
by which India might be approximated to our understandings, and, if
possible, to our feelings, in order to awaken something of sympathy for the
Page 376
unfortunate natives, of which I am afraid we are not perfectly susceptible,
whilst we look at this very remote object through a false and cloudy
medium.
My second condition necessary to justify me in touching the charter is,
whether the Company's abuse of their trust with regard to this great object
be an abuse of great atrocity. I shall beg your permission to consider their
conduct in two lights: first the political, and then the commercial. Their
political conduct (for distinctness) I divide again into two heads: the
external, in which I mean to comprehend their conduct in their federal
capacity, as it relates to powers and states independent, or that not long
since were such; the other internal,—namely, their conduct to the countries,
either immediately subject to the Company, or to those who, under the
apparent government of native sovereigns, are in a state much lower and
much more miserable than common subjection.
The attention, Sir, which I wish to preserve to method will not be
considered as unnecessary or affected. Nothing else can help me to
selection out of the infinite mass of materials which have passed under my
eye, or can keep my mind steady to the great leading points I have in view.
With regard, therefore, to the abuse of the external federal trust, I engage
myself to you to make good these three positions. First, I say, that from
Mount Imaus, (or whatever else you call that large range of mountains that
walls the northern frontier of India,) where it touches us in the latitude of
twenty-nine, to Cape Comorin, in the latitude of eight, that there is not a
single prince, state, or potentate, great or small, in India, with whom they
have come into contact, whom they have not sold: I say sold, though
sometimes they have not been able to deliver according to their bargain.
Secondly, I say, that there is not a single treaty they have ever made which
they have not broken. Thirdly, I say, that there is not a single prince or state,
whilst we look at this very remote object through a false and cloudy
medium.
My second condition necessary to justify me in touching the charter is,
whether the Company's abuse of their trust with regard to this great object
be an abuse of great atrocity. I shall beg your permission to consider their
conduct in two lights: first the political, and then the commercial. Their
political conduct (for distinctness) I divide again into two heads: the
external, in which I mean to comprehend their conduct in their federal
capacity, as it relates to powers and states independent, or that not long
since were such; the other internal,—namely, their conduct to the countries,
either immediately subject to the Company, or to those who, under the
apparent government of native sovereigns, are in a state much lower and
much more miserable than common subjection.
The attention, Sir, which I wish to preserve to method will not be
considered as unnecessary or affected. Nothing else can help me to
selection out of the infinite mass of materials which have passed under my
eye, or can keep my mind steady to the great leading points I have in view.
With regard, therefore, to the abuse of the external federal trust, I engage
myself to you to make good these three positions. First, I say, that from
Mount Imaus, (or whatever else you call that large range of mountains that
walls the northern frontier of India,) where it touches us in the latitude of
twenty-nine, to Cape Comorin, in the latitude of eight, that there is not a
single prince, state, or potentate, great or small, in India, with whom they
have come into contact, whom they have not sold: I say sold, though
sometimes they have not been able to deliver according to their bargain.
Secondly, I say, that there is not a single treaty they have ever made which
they have not broken. Thirdly, I say, that there is not a single prince or state,
Page 377
who ever put any trust in the Company, who is not utterly ruined; and that
none are in any degree secure or flourishing, but in the exact proportion to
their settled distrust and irreconcilable enmity to this nation.
These assertions are universal: I say, in the full sense, universal. They
regard the external and political trust only; but I shall produce others fully
equivalent in the internal. For the present, I shall content myself with
explaining my meaning; and if I am called on for proof, whilst these bills
are depending, (which I believe I shall not,) I will put my finger on the
appendixes to the Reports, or on papers of record in the House or the
Committees, which I have distinctly present to my memory, and which I
think I can lay before you at half an hour's warning.
The first potentate sold by the Company for money was the Great Mogul,
—the descendant of Tamerlane. This high personage, as high as human
veneration can look at, is by every account amiable in his manners,
respectable for his piety, according to his mode, and accomplished in all the
Oriental literature. All this, and the title derived under his charter to all that
we hold in India, could not save him from the general sale. Money is coined
in his name; in his name justice is administered; he is prayed for in every
temple through the countries we possess;—but he was sold.
It is impossible, Mr. Speaker, not to pause here for a moment, to reflect
on the inconstancy of human greatness, and the stupendous revolutions that
have happened in our age of wonders. Could it be believed, when I entered
into existence, or when you, a younger man, were born, that on this day, in
this House, we should be employed in discussing the conduct of those
British subjects who had disposed of the power and person of the Grand
Mogul? This is no idle speculation. Awful lessons are taught by it, and by
other events, of which it is not yet too late to profit.
none are in any degree secure or flourishing, but in the exact proportion to
their settled distrust and irreconcilable enmity to this nation.
These assertions are universal: I say, in the full sense, universal. They
regard the external and political trust only; but I shall produce others fully
equivalent in the internal. For the present, I shall content myself with
explaining my meaning; and if I am called on for proof, whilst these bills
are depending, (which I believe I shall not,) I will put my finger on the
appendixes to the Reports, or on papers of record in the House or the
Committees, which I have distinctly present to my memory, and which I
think I can lay before you at half an hour's warning.
The first potentate sold by the Company for money was the Great Mogul,
—the descendant of Tamerlane. This high personage, as high as human
veneration can look at, is by every account amiable in his manners,
respectable for his piety, according to his mode, and accomplished in all the
Oriental literature. All this, and the title derived under his charter to all that
we hold in India, could not save him from the general sale. Money is coined
in his name; in his name justice is administered; he is prayed for in every
temple through the countries we possess;—but he was sold.
It is impossible, Mr. Speaker, not to pause here for a moment, to reflect
on the inconstancy of human greatness, and the stupendous revolutions that
have happened in our age of wonders. Could it be believed, when I entered
into existence, or when you, a younger man, were born, that on this day, in
this House, we should be employed in discussing the conduct of those
British subjects who had disposed of the power and person of the Grand
Mogul? This is no idle speculation. Awful lessons are taught by it, and by
other events, of which it is not yet too late to profit.
Page 378
This is hardly a digression: but I return to the sale of the Mogul. Two
districts, Corah and Allahabad, out of his immense grants, were reserved as
a royal demesne to the donor of a kingdom, and the rightful sovereign of so
many nations.—After withholding the tribute of 260,000l. a year, which the
Company was, by the charter they had received from this prince, under the
most solemn obligation to pay, these districts were sold to his chief
minister, Sujah ul Dowlah; and what may appear to some the worst part of
the transaction, these two districts were sold for scarcely two years'
purchase. The descendant of Tamerlane now stands in need almost of the
common necessaries of life; and in this situation we do not even allow him,
as bounty, the smallest portion of what we owe him in justice.
The next sale was that of the whole nation of the Rohillas, which the
grand salesman, without a pretence of quarrel, and contrary to his own
declared sense of duty and rectitude, sold to the same Sujah ul Dowlah. He
sold the people to utter extirpation, for the sum of four hundred thousand
pounds. Faithfully was the bargain performed on our side. Hafiz Rhamet,
the most eminent of their chiefs, one of the bravest men of his time, and as
famous throughout the East for the elegance of his literature and the spirit
of his poetical compositions (by which he supported the name of Hafiz) as
for his courage, was invaded with an army of an hundred thousand men,
and an English brigade. This man, at the head of inferior forces, was slain
valiantly fighting for his country. His head was cut off, and delivered for
money to a barbarian. His wife and children, persons of that rank, were seen
begging an handful of rice through the English camp. The whole nation,
with inconsiderable exceptions, was slaughtered or banished. The country
was laid waste with fire and sword; and that land, distinguished above most
others by the cheerful face of paternal government and protected labor, the
chosen seat of cultivation and plenty, is now almost throughout a dreary
desert, covered with rushes, and briers, and jungles full of wild beasts.
districts, Corah and Allahabad, out of his immense grants, were reserved as
a royal demesne to the donor of a kingdom, and the rightful sovereign of so
many nations.—After withholding the tribute of 260,000l. a year, which the
Company was, by the charter they had received from this prince, under the
most solemn obligation to pay, these districts were sold to his chief
minister, Sujah ul Dowlah; and what may appear to some the worst part of
the transaction, these two districts were sold for scarcely two years'
purchase. The descendant of Tamerlane now stands in need almost of the
common necessaries of life; and in this situation we do not even allow him,
as bounty, the smallest portion of what we owe him in justice.
The next sale was that of the whole nation of the Rohillas, which the
grand salesman, without a pretence of quarrel, and contrary to his own
declared sense of duty and rectitude, sold to the same Sujah ul Dowlah. He
sold the people to utter extirpation, for the sum of four hundred thousand
pounds. Faithfully was the bargain performed on our side. Hafiz Rhamet,
the most eminent of their chiefs, one of the bravest men of his time, and as
famous throughout the East for the elegance of his literature and the spirit
of his poetical compositions (by which he supported the name of Hafiz) as
for his courage, was invaded with an army of an hundred thousand men,
and an English brigade. This man, at the head of inferior forces, was slain
valiantly fighting for his country. His head was cut off, and delivered for
money to a barbarian. His wife and children, persons of that rank, were seen
begging an handful of rice through the English camp. The whole nation,
with inconsiderable exceptions, was slaughtered or banished. The country
was laid waste with fire and sword; and that land, distinguished above most
others by the cheerful face of paternal government and protected labor, the
chosen seat of cultivation and plenty, is now almost throughout a dreary
desert, covered with rushes, and briers, and jungles full of wild beasts.
Page 379
The British officer who commanded in the delivery of the people thus
sold felt some compunction at his employment. He represented these
enormous excesses to the President of Bengal, for which he received a
severe reprimand from the civil governor; and I much doubt whether the
breach caused by the conflict between the compassion of the military and
the firmness of the civil governor be closed at this hour.
In Bengal, Surajah Dowlah was sold to Mir Jaffier; Mir Jaffier was sold
to Mir Cossim; and Mir Cossim was sold to Mir Jaffier again. The
succession to Mir Jaffier was sold to his eldest son;—another son of Mir
Jaffier, Mobarech ul Dowlah, was sold to his step-mother. The Mahratta
Empire was sold to Ragobah; and Ragobah was sold and delivered to the
Peishwa of the Mahrattas. Both Ragobah and the Peishwa of the Mahrattas
were offered to sale to the Rajah of Berar. Scindia, the chief of Malwa, was
offered to sale to the same Rajah; and the Subah of the Deccan was sold to
the great trader, Mahomet Ali, Nabob of Arcot. To the same Nabob of Arcot
they sold Hyder Ali and the kingdom of Mysore. To Mahomet Ali they
twice sold the kingdom of Tanjore. To the same Mahomet Ali they sold at
least twelve sovereign princes, called the Polygars. But to keep things even,
the territory of Tinnevelly, belonging to their nabob, they would have sold
to the Dutch; and to conclude the account of sales, their great customer, the
Nabob of Arcot himself, and his lawful succession, has been sold to his
second son, Amir ul Omrah, whose character, views, and conduct are in the
accounts upon your table. It remains with you whether they shall finally
perfect this last bargain.
All these bargains and sales were regularly attended with the waste and
havoc of the country,—always by the buyer, and sometimes by the object of
the sale. This was explained to you by the honorable mover, when he stated
the mode of paying debts due from the country powers to the Company. An
honorable gentleman, who is not now in his place, objected to his jumping
sold felt some compunction at his employment. He represented these
enormous excesses to the President of Bengal, for which he received a
severe reprimand from the civil governor; and I much doubt whether the
breach caused by the conflict between the compassion of the military and
the firmness of the civil governor be closed at this hour.
In Bengal, Surajah Dowlah was sold to Mir Jaffier; Mir Jaffier was sold
to Mir Cossim; and Mir Cossim was sold to Mir Jaffier again. The
succession to Mir Jaffier was sold to his eldest son;—another son of Mir
Jaffier, Mobarech ul Dowlah, was sold to his step-mother. The Mahratta
Empire was sold to Ragobah; and Ragobah was sold and delivered to the
Peishwa of the Mahrattas. Both Ragobah and the Peishwa of the Mahrattas
were offered to sale to the Rajah of Berar. Scindia, the chief of Malwa, was
offered to sale to the same Rajah; and the Subah of the Deccan was sold to
the great trader, Mahomet Ali, Nabob of Arcot. To the same Nabob of Arcot
they sold Hyder Ali and the kingdom of Mysore. To Mahomet Ali they
twice sold the kingdom of Tanjore. To the same Mahomet Ali they sold at
least twelve sovereign princes, called the Polygars. But to keep things even,
the territory of Tinnevelly, belonging to their nabob, they would have sold
to the Dutch; and to conclude the account of sales, their great customer, the
Nabob of Arcot himself, and his lawful succession, has been sold to his
second son, Amir ul Omrah, whose character, views, and conduct are in the
accounts upon your table. It remains with you whether they shall finally
perfect this last bargain.
All these bargains and sales were regularly attended with the waste and
havoc of the country,—always by the buyer, and sometimes by the object of
the sale. This was explained to you by the honorable mover, when he stated
the mode of paying debts due from the country powers to the Company. An
honorable gentleman, who is not now in his place, objected to his jumping
Page 380
near two thousand miles for an example. But the southern example is
perfectly applicable to the northern claim, as the northern is to the southern;
for, throughout the whole space of these two thousand miles, take your
stand where you will, the proceeding is perfectly uniform, and what is done
in one part will apply exactly to the other.
My second assertion is, that the Company never has made a treaty which
they have not broken. This position is so connected with that of the sales of
provinces and kingdoms, with the negotiation of universal distraction in
every part of India, that a very minute detail may well be spared on this
point. It has not yet been contended, by any enemy to the reform, that they
have observed any public agreement. When I hear that they have done so in
any one instance, (which hitherto, I confess, I never heard alleged,) I shall
speak to the particular treaty. The Governor General has even amused
himself and the Court of Directors in a very singular letter to that board, in
which he admits he has not been very delicate with regard to public faith;
and he goes so far as to state a regular estimate of the sums which the
Company would have lost, or never acquired, if the rigid ideas of public
faith entertained by his colleagues had been observed. The learned
gentleman [55] over against me has, indeed, saved me much trouble. On a
former occasion, he obtained no small credit for the clear and forcible
manner in which he stated, what we have not forgot, and I hope he has not
forgot, that universal, systematic breach of treaties which had made the
British faith proverbial in the East.
It only remains, Sir, for me just to recapitulate some heads.—The treaty
with the Mogul, by which we stipulated to pay him 260,000l. annually, was
broken. This treaty they have broken, and not paid him a shilling. They
broke their treaty with him, in which they stipulated to pay 400,000l. a year
to the Subah of Bengal. They agreed with the Mogul, for services admitted
to have been performed, to pay Nudjif Cawn a pension. They broke this
perfectly applicable to the northern claim, as the northern is to the southern;
for, throughout the whole space of these two thousand miles, take your
stand where you will, the proceeding is perfectly uniform, and what is done
in one part will apply exactly to the other.
My second assertion is, that the Company never has made a treaty which
they have not broken. This position is so connected with that of the sales of
provinces and kingdoms, with the negotiation of universal distraction in
every part of India, that a very minute detail may well be spared on this
point. It has not yet been contended, by any enemy to the reform, that they
have observed any public agreement. When I hear that they have done so in
any one instance, (which hitherto, I confess, I never heard alleged,) I shall
speak to the particular treaty. The Governor General has even amused
himself and the Court of Directors in a very singular letter to that board, in
which he admits he has not been very delicate with regard to public faith;
and he goes so far as to state a regular estimate of the sums which the
Company would have lost, or never acquired, if the rigid ideas of public
faith entertained by his colleagues had been observed. The learned
gentleman [55] over against me has, indeed, saved me much trouble. On a
former occasion, he obtained no small credit for the clear and forcible
manner in which he stated, what we have not forgot, and I hope he has not
forgot, that universal, systematic breach of treaties which had made the
British faith proverbial in the East.
It only remains, Sir, for me just to recapitulate some heads.—The treaty
with the Mogul, by which we stipulated to pay him 260,000l. annually, was
broken. This treaty they have broken, and not paid him a shilling. They
broke their treaty with him, in which they stipulated to pay 400,000l. a year
to the Subah of Bengal. They agreed with the Mogul, for services admitted
to have been performed, to pay Nudjif Cawn a pension. They broke this
Page 381
article with the rest, and stopped also this small pension. They broke their
treaties with the Nizam, and with Hyder Ali. As to the Mahrattas, they had
so many cross treaties with the states-general of that nation, and with each
of the chiefs, that it was notorious that no one of these agreements could be
kept without grossly violating the rest. It was observed, that, if the terms of
these several treaties had been kept, two British armies would at one and
the same time have met in the field to cut each other's throats. The wars
which desolate India originated from a most atrocious violation of public
faith on our part. In the midst of profound peace, the Company's troops
invaded the Mahratta territories, and surprised the island and fortress of
Salsette. The Mahrattas nevertheless yielded to a treaty of peace by which
solid advantages were procured to the Company. But this treaty, like every
other treaty, was soon violated by the Company. Again the Company
invaded the Mahratta dominions. The disaster that ensued gave occasion to
a new treaty. The whole army of the Company was obliged in effect to
surrender to this injured, betrayed, and insulted people. Justly irritated,
however, as they were, the terms which they prescribed were reasonable
and moderate, and their treatment of their captive invaders of the most
distinguished humanity. But the humanity of the Mahrattas was of no power
whatsoever to prevail on the Company to attend to the observance of the
terms dictated by their moderation. The war was renewed with greater vigor
than ever; and such was their insatiable lust of plunder, that they never
would have given ear to any terms of peace, if Hyder Ali had not broke
through the Ghauts, and, rushing like a torrent into the Carnatic, swept
away everything in his career. This was in consequence of that confederacy
which by a sort of miracle united the most discordant powers for our
destruction, as a nation in which no other could put any trust, and who were
the declared enemies of the human species.
It is very remarkable that the late controversy between the several
presidencies, and between them and the Court of Directors, with relation to
treaties with the Nizam, and with Hyder Ali. As to the Mahrattas, they had
so many cross treaties with the states-general of that nation, and with each
of the chiefs, that it was notorious that no one of these agreements could be
kept without grossly violating the rest. It was observed, that, if the terms of
these several treaties had been kept, two British armies would at one and
the same time have met in the field to cut each other's throats. The wars
which desolate India originated from a most atrocious violation of public
faith on our part. In the midst of profound peace, the Company's troops
invaded the Mahratta territories, and surprised the island and fortress of
Salsette. The Mahrattas nevertheless yielded to a treaty of peace by which
solid advantages were procured to the Company. But this treaty, like every
other treaty, was soon violated by the Company. Again the Company
invaded the Mahratta dominions. The disaster that ensued gave occasion to
a new treaty. The whole army of the Company was obliged in effect to
surrender to this injured, betrayed, and insulted people. Justly irritated,
however, as they were, the terms which they prescribed were reasonable
and moderate, and their treatment of their captive invaders of the most
distinguished humanity. But the humanity of the Mahrattas was of no power
whatsoever to prevail on the Company to attend to the observance of the
terms dictated by their moderation. The war was renewed with greater vigor
than ever; and such was their insatiable lust of plunder, that they never
would have given ear to any terms of peace, if Hyder Ali had not broke
through the Ghauts, and, rushing like a torrent into the Carnatic, swept
away everything in his career. This was in consequence of that confederacy
which by a sort of miracle united the most discordant powers for our
destruction, as a nation in which no other could put any trust, and who were
the declared enemies of the human species.
It is very remarkable that the late controversy between the several
presidencies, and between them and the Court of Directors, with relation to
Page 382
these wars and treaties, has not been, which of the parties might be
defended for his share in them, but on which of the parties the guilt of all
this load of perfidy should be fixed. But I am content to admit all these
proceedings to be perfectly regular, to be full of honor and good faith; and
wish to fix your attention solely to that single transaction which the
advocates of this system select for so transcendent a merit as to cancel the
guilt of all the rest of their proceedings: I mean the late treaties with the
Mahrattas.
I make no observation on the total cession of territory, by which they
surrendered all they had obtained by their unhappy successes in war, and
almost all they had obtained under the treaty of Poorunder. The restitution
was proper, if it had been voluntary and seasonable. I attach on the spirit of
the treaty, the dispositions it showed, the provisions it made for a general
peace, and the faith kept with allies and confederates,—in order that the
House may form a judgment, from this chosen piece, of the use which has
been made (and is likely to be made, if things continue in the same hands)
of the trust of the federal powers of this country.
It was the wish of almost every Englishman that the Mahratta peace
might lead to a general one; because the Mahratta war was only a part of a
general confederacy formed against us, on account of the universal
abhorrence of our conduct which prevailed in every state, and almost in
every house in India. Mr. Hastings was obliged to pretend some sort of
acquiescence in this general and rational desire. He therefore consented, in
order to satisfy the point of honor of the Mahrattas, that an article should be
inserted to admit Hyder Ali to accede to the pacification. But observe, Sir,
the spirit of this man,—which, if it were not made manifest by a thousand
things, and particularly by his proceedings with regard to Lord Macartney,
would be sufficiently manifest by this. What sort of article, think you, does
he require this essential head of a solemn treaty of general pacification to
defended for his share in them, but on which of the parties the guilt of all
this load of perfidy should be fixed. But I am content to admit all these
proceedings to be perfectly regular, to be full of honor and good faith; and
wish to fix your attention solely to that single transaction which the
advocates of this system select for so transcendent a merit as to cancel the
guilt of all the rest of their proceedings: I mean the late treaties with the
Mahrattas.
I make no observation on the total cession of territory, by which they
surrendered all they had obtained by their unhappy successes in war, and
almost all they had obtained under the treaty of Poorunder. The restitution
was proper, if it had been voluntary and seasonable. I attach on the spirit of
the treaty, the dispositions it showed, the provisions it made for a general
peace, and the faith kept with allies and confederates,—in order that the
House may form a judgment, from this chosen piece, of the use which has
been made (and is likely to be made, if things continue in the same hands)
of the trust of the federal powers of this country.
It was the wish of almost every Englishman that the Mahratta peace
might lead to a general one; because the Mahratta war was only a part of a
general confederacy formed against us, on account of the universal
abhorrence of our conduct which prevailed in every state, and almost in
every house in India. Mr. Hastings was obliged to pretend some sort of
acquiescence in this general and rational desire. He therefore consented, in
order to satisfy the point of honor of the Mahrattas, that an article should be
inserted to admit Hyder Ali to accede to the pacification. But observe, Sir,
the spirit of this man,—which, if it were not made manifest by a thousand
things, and particularly by his proceedings with regard to Lord Macartney,
would be sufficiently manifest by this. What sort of article, think you, does
he require this essential head of a solemn treaty of general pacification to
Page 383
be? In his instruction to Mr. Anderson, he desires him to admit "a vague
article" in favor of Hyder. Evasion and fraud were the declared basis of the
treaty. These vague articles, intended for a more vague performance, are the
things which have damned our reputation in India.
Hardly was this vague article inserted, than, without waiting for any act
on the part of Hyder, Mr. Hastings enters into a negotiation with the
Mahratta chief, Scindia, for a partition of the territories of the prince who
was one of the objects to be secured by the treaty. He was to be parcelled
out in three parts: one to Scindia; one to the Peishwa of the Mahrattas; and
the third to the East India Company, or to (the old dealer and chapman)
Mahomet Ali.
During the formation of this project, Hyder dies; and before his son could
take any one step, either to conform to the tenor of the article or to
contravene it, the treaty of partition is renewed on the old footing, and an
instruction is sent to Mr. Anderson to conclude it in form.
A circumstance intervened, during the pendency of this negotiation, to set
off the good faith of the Company with an additional brilliancy, and to make
it sparkle and glow with a variety of splendid faces. General Matthews had
reduced that most valuable part of Hyder's dominions called the country of
Biddanore. When the news reached Mr. Hastings, he instructed Mr.
Anderson to contend for an alteration in the treaty of partition, and to take
the Biddanore country out of the common stock which was to be divided,
and to keep it for the Company.
The first ground for this variation was its being a separate conquest made
before the treaty had actually taken place. Here was a new proof given of
the fairness, equity, and moderation of the Company. But the second of Mr.
Hastings's reasons for retaining the Biddanore as a separate portion, and his
conduct on that second ground, is still more remarkable. He asserted that
article" in favor of Hyder. Evasion and fraud were the declared basis of the
treaty. These vague articles, intended for a more vague performance, are the
things which have damned our reputation in India.
Hardly was this vague article inserted, than, without waiting for any act
on the part of Hyder, Mr. Hastings enters into a negotiation with the
Mahratta chief, Scindia, for a partition of the territories of the prince who
was one of the objects to be secured by the treaty. He was to be parcelled
out in three parts: one to Scindia; one to the Peishwa of the Mahrattas; and
the third to the East India Company, or to (the old dealer and chapman)
Mahomet Ali.
During the formation of this project, Hyder dies; and before his son could
take any one step, either to conform to the tenor of the article or to
contravene it, the treaty of partition is renewed on the old footing, and an
instruction is sent to Mr. Anderson to conclude it in form.
A circumstance intervened, during the pendency of this negotiation, to set
off the good faith of the Company with an additional brilliancy, and to make
it sparkle and glow with a variety of splendid faces. General Matthews had
reduced that most valuable part of Hyder's dominions called the country of
Biddanore. When the news reached Mr. Hastings, he instructed Mr.
Anderson to contend for an alteration in the treaty of partition, and to take
the Biddanore country out of the common stock which was to be divided,
and to keep it for the Company.
The first ground for this variation was its being a separate conquest made
before the treaty had actually taken place. Here was a new proof given of
the fairness, equity, and moderation of the Company. But the second of Mr.
Hastings's reasons for retaining the Biddanore as a separate portion, and his
conduct on that second ground, is still more remarkable. He asserted that
Page 384
that country could not be put into the partition stock, because General
Matthews had received it on the terms of some convention which might be
incompatible with the partition proposed. This was a reason in itself both
honorable and solid; and it showed a regard to faith somewhere, and with
some persons. But in order to demonstrate his utter contempt of the plighted
faith which was alleged on one part as a reason for departing from it on
another, and to prove his impetuous desire for sowing a new war even in the
prepared soil of a general pacification, he directs Mr. Anderson, if he should
find strong difficulties impeding the partition on the score of the subtraction
of Biddanore, wholly to abandon that claim, and to conclude the treaty on
the original terms. General Matthews's convention was just brought forward
sufficiently to demonstrate to the Mahrattas the slippery hold which they
had on their new confederate; on the other hand, that convention being
instantly abandoned, the people of India were taught that no terms on which
they can surrender to the Company are to be regarded, when farther
conquests are in view.
Next, Sir, let me bring before you the pious care that was taken of our
allies under that treaty which is the subject of the Company's applauses.
These allies were Ragonaut Row, for whom we had engaged to find a
throne; the Guickwar, (one of the Guzerat princes,) who was to be
emancipated from the Mahratta authority, and to grow great by several
accessions of dominion; and, lastly, the Rana of Gohud, with whom we had
entered into a treaty of partition for eleven sixteenths of our joint conquests.
Some of these inestimable securities called vague articles were inserted in
favor of them all.
As to the first, the unhappy abdicated Peishwa, and pretender to the
Mahratta throne, Ragonaut Row, was delivered up to his people, with an
article for safety, and some provision. This man, knowing how little vague
the hatred of his countrymen was towards him, and well apprised of what
Matthews had received it on the terms of some convention which might be
incompatible with the partition proposed. This was a reason in itself both
honorable and solid; and it showed a regard to faith somewhere, and with
some persons. But in order to demonstrate his utter contempt of the plighted
faith which was alleged on one part as a reason for departing from it on
another, and to prove his impetuous desire for sowing a new war even in the
prepared soil of a general pacification, he directs Mr. Anderson, if he should
find strong difficulties impeding the partition on the score of the subtraction
of Biddanore, wholly to abandon that claim, and to conclude the treaty on
the original terms. General Matthews's convention was just brought forward
sufficiently to demonstrate to the Mahrattas the slippery hold which they
had on their new confederate; on the other hand, that convention being
instantly abandoned, the people of India were taught that no terms on which
they can surrender to the Company are to be regarded, when farther
conquests are in view.
Next, Sir, let me bring before you the pious care that was taken of our
allies under that treaty which is the subject of the Company's applauses.
These allies were Ragonaut Row, for whom we had engaged to find a
throne; the Guickwar, (one of the Guzerat princes,) who was to be
emancipated from the Mahratta authority, and to grow great by several
accessions of dominion; and, lastly, the Rana of Gohud, with whom we had
entered into a treaty of partition for eleven sixteenths of our joint conquests.
Some of these inestimable securities called vague articles were inserted in
favor of them all.
As to the first, the unhappy abdicated Peishwa, and pretender to the
Mahratta throne, Ragonaut Row, was delivered up to his people, with an
article for safety, and some provision. This man, knowing how little vague
the hatred of his countrymen was towards him, and well apprised of what
Page 385
black crimes he stood accused, (among which our invasion of his country
would not appear the least,) took a mortal alarm at the security we had
provided for him. He was thunderstruck at the article in his favor, by which
he was surrendered to his enemies. He never had the least notice of the
treaty; and it was apprehended that he would fly to the protection of Hyder
Ali, or some other, disposed or able to protect him. He was therefore not left
without comfort; for Mr. Anderson did him the favor to send a special
messenger, desiring him to be of good cheer and to fear nothing. And his
old enemy, Scindia, at our request, sent him a message equally well
calculated to quiet his apprehensions.
By the same treaty the Guickwar was to come again, with no better
security, under the dominion of the Mahratta state. As to the Rana of
Gohud, a long negotiation depended for giving him up. At first this was
refused by Mr. Hastings with great indignation; at another stage it was
admitted as proper, because he had shown himself a most perfidious person.
But at length a method of reconciling these extremes was found out, by
contriving one of the usual articles in his favor. What I believe will appear
beyond all belief, Mr. Anderson exchanged the final ratifications of that
treaty by which the Rana was nominally secured in his possessions, in the
camp of the Mahratta chief, Scindia, whilst he was (really, and not
nominally) battering the castle of Gwalior, which we had given, agreeably
to treaty, to this deluded ally. Scindia had already reduced the town, and
was at the very time, by various detachments, reducing, one after another,
the fortresses of our protected ally, as well as in the act of chastising all the
rajahs who had assisted Colonel Camac in his invasion. I have seen in a
letter from Calcutta, that the Rana of Gohud's agent would have represented
these hostilities (which went hand in hand with the protecting treaty) to Mr.
Hastings, but he was not admitted to his presence.
would not appear the least,) took a mortal alarm at the security we had
provided for him. He was thunderstruck at the article in his favor, by which
he was surrendered to his enemies. He never had the least notice of the
treaty; and it was apprehended that he would fly to the protection of Hyder
Ali, or some other, disposed or able to protect him. He was therefore not left
without comfort; for Mr. Anderson did him the favor to send a special
messenger, desiring him to be of good cheer and to fear nothing. And his
old enemy, Scindia, at our request, sent him a message equally well
calculated to quiet his apprehensions.
By the same treaty the Guickwar was to come again, with no better
security, under the dominion of the Mahratta state. As to the Rana of
Gohud, a long negotiation depended for giving him up. At first this was
refused by Mr. Hastings with great indignation; at another stage it was
admitted as proper, because he had shown himself a most perfidious person.
But at length a method of reconciling these extremes was found out, by
contriving one of the usual articles in his favor. What I believe will appear
beyond all belief, Mr. Anderson exchanged the final ratifications of that
treaty by which the Rana was nominally secured in his possessions, in the
camp of the Mahratta chief, Scindia, whilst he was (really, and not
nominally) battering the castle of Gwalior, which we had given, agreeably
to treaty, to this deluded ally. Scindia had already reduced the town, and
was at the very time, by various detachments, reducing, one after another,
the fortresses of our protected ally, as well as in the act of chastising all the
rajahs who had assisted Colonel Camac in his invasion. I have seen in a
letter from Calcutta, that the Rana of Gohud's agent would have represented
these hostilities (which went hand in hand with the protecting treaty) to Mr.
Hastings, but he was not admitted to his presence.
Page 386
In this manner the Company has acted with their allies in the Mahratta
war. But they did not rest here. The Mahrattas were fearful lest the persons
delivered to them by that treaty should attempt to escape into the British
territories, and thus might elude the punishment intended for them, and, by
reclaiming the treaty, might stir up new disturbances. To prevent this, they
desired an article to be inserted in the supplemental treaty, to which they
had the ready consent of Mr. Hastings, and the rest of the Company's
representatives in Bengal. It was this: "That the English and Mahratta
governments mutually agree not to afford refuge to any chiefs, merchants,
or other persons, flying for protection to the territories of the other." This
was readily assented to, and assented to without any exception whatever in
favor of our surrendered allies. On their part a reciprocity was stipulated
which was not unnatural for a government like the Company's to ask,—a
government conscious that many subjects had been, and would in future be,
driven to fly from its jurisdiction.
To complete the system of pacific intention and public faith which
predominate in those treaties, Mr. Hastings fairly resolved to put all peace,
except on the terms of absolute conquest, wholly out of his own power. For,
by an article in this second treaty with Scindia, he binds the Company not to
make any peace with Tippoo Sahib without the consent of the Peishwa of
the Mahrattas, and binds Scindia to him by a reciprocal engagement. The
treaty between France and England obliges us mutually to withdraw our
forces, if our allies in India do not accede to the peace within four months;
Mr. Hastings's treaty obliges us to continue the war as long as the Peishwa
thinks fit. We are now in that happy situation, that the breach of the treaty
with France, or the violation of that with the Mahrattas, is inevitable; and
we have only to take our choice.
My third assertion, relative to the abuse made of the right of war and
peace, is, that there are none who have ever confided in us who have not
war. But they did not rest here. The Mahrattas were fearful lest the persons
delivered to them by that treaty should attempt to escape into the British
territories, and thus might elude the punishment intended for them, and, by
reclaiming the treaty, might stir up new disturbances. To prevent this, they
desired an article to be inserted in the supplemental treaty, to which they
had the ready consent of Mr. Hastings, and the rest of the Company's
representatives in Bengal. It was this: "That the English and Mahratta
governments mutually agree not to afford refuge to any chiefs, merchants,
or other persons, flying for protection to the territories of the other." This
was readily assented to, and assented to without any exception whatever in
favor of our surrendered allies. On their part a reciprocity was stipulated
which was not unnatural for a government like the Company's to ask,—a
government conscious that many subjects had been, and would in future be,
driven to fly from its jurisdiction.
To complete the system of pacific intention and public faith which
predominate in those treaties, Mr. Hastings fairly resolved to put all peace,
except on the terms of absolute conquest, wholly out of his own power. For,
by an article in this second treaty with Scindia, he binds the Company not to
make any peace with Tippoo Sahib without the consent of the Peishwa of
the Mahrattas, and binds Scindia to him by a reciprocal engagement. The
treaty between France and England obliges us mutually to withdraw our
forces, if our allies in India do not accede to the peace within four months;
Mr. Hastings's treaty obliges us to continue the war as long as the Peishwa
thinks fit. We are now in that happy situation, that the breach of the treaty
with France, or the violation of that with the Mahrattas, is inevitable; and
we have only to take our choice.
My third assertion, relative to the abuse made of the right of war and
peace, is, that there are none who have ever confided in us who have not
Page 387
been utterly ruined. The examples I have given of Ragonaut Row, of
Guickwar, of the Rana of Gohud, are recent. There is proof more than
enough in the condition of the Mogul,—in the slavery and indigence of the
Nabob of Oude,—the exile of the Rajah of Benares,—the beggary of the
Nabob of Bengal,—the undone and captive condition of the Rajah and
kingdom of Tanjore,—the destruction of the Polygars,—and, lastly, in the
destruction of the Nabob of Arcot himself, who, when his dominions were
invaded, was found entirely destitute of troops, provisions, stores, and (as
he asserts) of money, being a million in debt to the Company, and four
millions to others: the many millions which he had extorted from so many
extirpated princes and their desolated countries having (as he has frequently
hinted) been expended for the ground-rent of his mansion-house in an alley
in the suburbs of Madras. Compare the condition of all these princes with
the power and authority of all the Mahratta states, with the independence
and dignity of the Subah of the Deccan, and the mighty strength, the
resources, and the manly struggle of Hyder Ali,—and then the House will
discover the effects, on every power in India, of an easy confidence or of a
rooted distrust in the faith of the Company.
These are some of my reasons, grounded on the abuse of the external
political trust of that body, for thinking myself not only justified, but bound,
to declare against those chartered rights which produce so many wrongs. I
should deem myself the wickedest of men, if any vote of mine could
contribute to the continuance of so great an evil.
Now, Sir, according to the plan I proposed, I shall take notice of the
Company's internal government, as it is exercised first on the dependent
provinces, and then as it affects those under the direct and immediate
authority of that body. And here, Sir, before I enter into the spirit of their
interior government, permit me to observe to you upon a few of the many
lines of difference which are to be found between the vices of the
Guickwar, of the Rana of Gohud, are recent. There is proof more than
enough in the condition of the Mogul,—in the slavery and indigence of the
Nabob of Oude,—the exile of the Rajah of Benares,—the beggary of the
Nabob of Bengal,—the undone and captive condition of the Rajah and
kingdom of Tanjore,—the destruction of the Polygars,—and, lastly, in the
destruction of the Nabob of Arcot himself, who, when his dominions were
invaded, was found entirely destitute of troops, provisions, stores, and (as
he asserts) of money, being a million in debt to the Company, and four
millions to others: the many millions which he had extorted from so many
extirpated princes and their desolated countries having (as he has frequently
hinted) been expended for the ground-rent of his mansion-house in an alley
in the suburbs of Madras. Compare the condition of all these princes with
the power and authority of all the Mahratta states, with the independence
and dignity of the Subah of the Deccan, and the mighty strength, the
resources, and the manly struggle of Hyder Ali,—and then the House will
discover the effects, on every power in India, of an easy confidence or of a
rooted distrust in the faith of the Company.
These are some of my reasons, grounded on the abuse of the external
political trust of that body, for thinking myself not only justified, but bound,
to declare against those chartered rights which produce so many wrongs. I
should deem myself the wickedest of men, if any vote of mine could
contribute to the continuance of so great an evil.
Now, Sir, according to the plan I proposed, I shall take notice of the
Company's internal government, as it is exercised first on the dependent
provinces, and then as it affects those under the direct and immediate
authority of that body. And here, Sir, before I enter into the spirit of their
interior government, permit me to observe to you upon a few of the many
lines of difference which are to be found between the vices of the
Page 388
Company's government and those of the conquerors who preceded us in
India, that we may be enabled a little the better to see our way in an attempt
to the necessary reformation.
The several irruptions of Arabs, Tartars, and Persians into India were, for
the greater part, ferocious, bloody, and wasteful in the extreme: our entrance
into the dominion of that country was, as generally, with small comparative
effusion of blood,—being introduced by various frauds and delusions, and
by taking advantage of the incurable, blind, and senseless animosity which
the several country powers bear towards each other, rather than by open
force. But the difference in favor of the first conquerors is this. The Asiatic
conquerors very soon abated of their ferocity, because they made the
conquered country their own. They rose or fell with the rise or fall of the
territory they lived in. Fathers there deposited the hopes of their posterity;
and children there beheld the monuments of their fathers. Here their lot was
finally cast; and it is the natural wish of all that their lot should not be cast
in a bad land. Poverty, sterility, and desolation are not a recreating prospect
to the eye of man; and there are very few who can bear to grow old among
the curses of a whole people. If their passion or their avarice drove the
Tartar lords to acts of rapacity or tyranny, there was time enough, even in
the short life of man, to bring round the ill effects of an abuse of power
upon the power itself. If hoards were made by violence and tyranny, they
were still domestic hoards; and domestic profusion, or the rapine of a more
powerful and prodigal hand, restored them to the people. With many
disorders, and with few political checks upon power, Nature had still fair
play; the sources of acquisition were not dried up; and therefore the trade,
the manufactures, and the commerce of the country flourished. Even
avarice and usury itself operated both for the preservation and the
employment of national wealth. The husbandman and manufacturer paid
heavy interest, but then they augmented the fund from whence they were
India, that we may be enabled a little the better to see our way in an attempt
to the necessary reformation.
The several irruptions of Arabs, Tartars, and Persians into India were, for
the greater part, ferocious, bloody, and wasteful in the extreme: our entrance
into the dominion of that country was, as generally, with small comparative
effusion of blood,—being introduced by various frauds and delusions, and
by taking advantage of the incurable, blind, and senseless animosity which
the several country powers bear towards each other, rather than by open
force. But the difference in favor of the first conquerors is this. The Asiatic
conquerors very soon abated of their ferocity, because they made the
conquered country their own. They rose or fell with the rise or fall of the
territory they lived in. Fathers there deposited the hopes of their posterity;
and children there beheld the monuments of their fathers. Here their lot was
finally cast; and it is the natural wish of all that their lot should not be cast
in a bad land. Poverty, sterility, and desolation are not a recreating prospect
to the eye of man; and there are very few who can bear to grow old among
the curses of a whole people. If their passion or their avarice drove the
Tartar lords to acts of rapacity or tyranny, there was time enough, even in
the short life of man, to bring round the ill effects of an abuse of power
upon the power itself. If hoards were made by violence and tyranny, they
were still domestic hoards; and domestic profusion, or the rapine of a more
powerful and prodigal hand, restored them to the people. With many
disorders, and with few political checks upon power, Nature had still fair
play; the sources of acquisition were not dried up; and therefore the trade,
the manufactures, and the commerce of the country flourished. Even
avarice and usury itself operated both for the preservation and the
employment of national wealth. The husbandman and manufacturer paid
heavy interest, but then they augmented the fund from whence they were
Page 389
again to borrow. Their resources were dearly bought, but they were sure;
and the general stock of the community grew by the general effort.
But under the English government all this order is reversed. The Tartar
invasion was mischievous; but it is our protection that destroys India. It was
their enmity; but it is our friendship. Our conquest there, after twenty years,
is as crude as it was the first day. The natives scarcely know what it is to see
the gray head of an Englishman. Young men (boys almost) govern there,
without society and without sympathy with the natives. They have no more
social habits with the people than if they still resided in England,—nor,
indeed, any species of intercourse, but that which is necessary to making a
sudden fortune, with a view to a remote settlement. Animated with all the
avarice of age and all the impetuosity of youth, they roll in one after
another, wave after wave; and there is nothing before the eyes of the natives
but an endless, hopeless prospect of new flights of birds of prey and
passage, with appetites continually renewing for a food that is continually
wasting. Every rupee of profit made by an Englishman is lost forever to
India. With us are no retributory superstitions, by which a foundation of
charity compensates, through ages, to the poor, for the rapine and injustice
of a day. With us no pride erects stately monuments which repair the
mischiefs which pride had produced, and which adorn a country out of its
own spoils. England has erected no churches, no hospitals,[56] no palaces,
no schools; England has built no bridges, made no high-roads, cut no
navigations, dug out no reservoirs. Every other conqueror of every other
description has left some monument, either of state or beneficence, behind
him. Were we to be driven out of India this day, nothing would remain to
tell that it had been possessed, during the inglorious period of our
dominion, by anything better than the orang-outang or the tiger.
There is nothing in the boys we send to India worse than in the boys
whom we are whipping at school, or that we see trailing a pike or bending
and the general stock of the community grew by the general effort.
But under the English government all this order is reversed. The Tartar
invasion was mischievous; but it is our protection that destroys India. It was
their enmity; but it is our friendship. Our conquest there, after twenty years,
is as crude as it was the first day. The natives scarcely know what it is to see
the gray head of an Englishman. Young men (boys almost) govern there,
without society and without sympathy with the natives. They have no more
social habits with the people than if they still resided in England,—nor,
indeed, any species of intercourse, but that which is necessary to making a
sudden fortune, with a view to a remote settlement. Animated with all the
avarice of age and all the impetuosity of youth, they roll in one after
another, wave after wave; and there is nothing before the eyes of the natives
but an endless, hopeless prospect of new flights of birds of prey and
passage, with appetites continually renewing for a food that is continually
wasting. Every rupee of profit made by an Englishman is lost forever to
India. With us are no retributory superstitions, by which a foundation of
charity compensates, through ages, to the poor, for the rapine and injustice
of a day. With us no pride erects stately monuments which repair the
mischiefs which pride had produced, and which adorn a country out of its
own spoils. England has erected no churches, no hospitals,[56] no palaces,
no schools; England has built no bridges, made no high-roads, cut no
navigations, dug out no reservoirs. Every other conqueror of every other
description has left some monument, either of state or beneficence, behind
him. Were we to be driven out of India this day, nothing would remain to
tell that it had been possessed, during the inglorious period of our
dominion, by anything better than the orang-outang or the tiger.
There is nothing in the boys we send to India worse than in the boys
whom we are whipping at school, or that we see trailing a pike or bending
Page 390
over a desk at home. But as English youth in India drink the intoxicating
draught of authority and dominion before their heads are able to bear it, and
as they are full grown in fortune long before they are ripe in principle,
neither Nature nor reason have any opportunity to exert themselves for
remedy of the excesses of their premature power. The consequences of their
conduct, which in good minds (and many of theirs are probably such) might
produce penitence or amendment, are unable to pursue the rapidity of their
flight. Their prey is lodged in England; and the cries of India are given to
seas and winds, to be blown about, in every breaking up of the monsoon,
over a remote and unhearing ocean. In India all the vices operate by which
sudden fortune is acquired: in England are often displayed, by the same
persons, the virtues which dispense hereditary wealth. Arrived in England,
the destroyers of the nobility and gentry of a whole kingdom will find the
best company in this nation at a board of elegance and hospitality. Here the
manufacturer and husbandman will bless the just and punctual hand that in
India has torn the cloth from the loom, or wrested the scanty portion of rice
and salt from the peasant of Bengal, or wrung from him the very opium in
which he forgot his oppressions and his oppressor. They marry into your
families; they enter into your senate; they ease your estates by loans; they
raise their value by demand; they cherish and protect your relations which
lie heavy on your patronage; and there is scarcely an house in the kingdom
that does not feel some concern and interest that makes all reform of our
Eastern government appear officious and disgusting, and, on the whole, a
most discouraging attempt. In such an attempt you hurt those who are able
to return kindness or to resent injury. If you succeed, you save those who
cannot so much as give you thanks. All these things show the difficulty of
the work we have on hand: but they show its necessity, too. Our Indian
government is in its best state a grievance. It is necessary that the
correctives should be uncommonly vigorous, and the work of men
sanguine, warm, and even impassioned in the cause. But it is an arduous
draught of authority and dominion before their heads are able to bear it, and
as they are full grown in fortune long before they are ripe in principle,
neither Nature nor reason have any opportunity to exert themselves for
remedy of the excesses of their premature power. The consequences of their
conduct, which in good minds (and many of theirs are probably such) might
produce penitence or amendment, are unable to pursue the rapidity of their
flight. Their prey is lodged in England; and the cries of India are given to
seas and winds, to be blown about, in every breaking up of the monsoon,
over a remote and unhearing ocean. In India all the vices operate by which
sudden fortune is acquired: in England are often displayed, by the same
persons, the virtues which dispense hereditary wealth. Arrived in England,
the destroyers of the nobility and gentry of a whole kingdom will find the
best company in this nation at a board of elegance and hospitality. Here the
manufacturer and husbandman will bless the just and punctual hand that in
India has torn the cloth from the loom, or wrested the scanty portion of rice
and salt from the peasant of Bengal, or wrung from him the very opium in
which he forgot his oppressions and his oppressor. They marry into your
families; they enter into your senate; they ease your estates by loans; they
raise their value by demand; they cherish and protect your relations which
lie heavy on your patronage; and there is scarcely an house in the kingdom
that does not feel some concern and interest that makes all reform of our
Eastern government appear officious and disgusting, and, on the whole, a
most discouraging attempt. In such an attempt you hurt those who are able
to return kindness or to resent injury. If you succeed, you save those who
cannot so much as give you thanks. All these things show the difficulty of
the work we have on hand: but they show its necessity, too. Our Indian
government is in its best state a grievance. It is necessary that the
correctives should be uncommonly vigorous, and the work of men
sanguine, warm, and even impassioned in the cause. But it is an arduous
Page 391
thing to plead against abuses of a power which originates from your own
country, and affects those whom we are used to consider as strangers.
I shall certainly endeavor to modulate myself to this temper; though I am
sensible that a cold style of describing actions, which appear to me in a very
affecting light, is equally contrary to the justice due to the people and to all
genuine human feelings about them. I ask pardon of truth and Nature for
this compliance. But I shall be very sparing of epithets either to persons or
things. It has been said, (and, with regard to one of them, with truth,) that
Tacitus and Machiavel, by their cold way of relating enormous crimes, have
in some sort appeared not to disapprove them; that they seem a sort of
professors of the art of tyranny; and that they corrupt the minds of their
readers by not expressing the detestation and horror that naturally belong to
horrible and detestable proceedings. But we are in general, Sir, so little
acquainted with Indian details, the instruments of oppression under which
the people suffer are so hard to be understood, and even the very names of
the sufferers are so uncouth and strange to our ears, that it is very difficult
for our sympathy to fix upon these objects. I am sure that some of us have
come down stairs from the committee-room with impressions on our minds
which to us were the inevitable results of our discoveries, yet, if we should
venture to express ourselves in the proper language of our sentiments to
other gentlemen not at all prepared to enter into the cause of them, nothing
could appear more harsh and dissonant, more violent and unaccountable,
than our language and behavior. All these circumstances are not, I confess,
very favorable to the idea of our attempting to govern India at all. But there
we are; there we are placed by the Sovereign Disposer; and we must do the
best we can in our situation. The situation of man is the preceptor of his
duty.
Upon the plan which I laid down, and to which I beg leave to return, I
was considering the conduct of the Company to those nations which are
country, and affects those whom we are used to consider as strangers.
I shall certainly endeavor to modulate myself to this temper; though I am
sensible that a cold style of describing actions, which appear to me in a very
affecting light, is equally contrary to the justice due to the people and to all
genuine human feelings about them. I ask pardon of truth and Nature for
this compliance. But I shall be very sparing of epithets either to persons or
things. It has been said, (and, with regard to one of them, with truth,) that
Tacitus and Machiavel, by their cold way of relating enormous crimes, have
in some sort appeared not to disapprove them; that they seem a sort of
professors of the art of tyranny; and that they corrupt the minds of their
readers by not expressing the detestation and horror that naturally belong to
horrible and detestable proceedings. But we are in general, Sir, so little
acquainted with Indian details, the instruments of oppression under which
the people suffer are so hard to be understood, and even the very names of
the sufferers are so uncouth and strange to our ears, that it is very difficult
for our sympathy to fix upon these objects. I am sure that some of us have
come down stairs from the committee-room with impressions on our minds
which to us were the inevitable results of our discoveries, yet, if we should
venture to express ourselves in the proper language of our sentiments to
other gentlemen not at all prepared to enter into the cause of them, nothing
could appear more harsh and dissonant, more violent and unaccountable,
than our language and behavior. All these circumstances are not, I confess,
very favorable to the idea of our attempting to govern India at all. But there
we are; there we are placed by the Sovereign Disposer; and we must do the
best we can in our situation. The situation of man is the preceptor of his
duty.
Upon the plan which I laid down, and to which I beg leave to return, I
was considering the conduct of the Company to those nations which are
Page 392
indirectly subject to their authority. The most considerable of the dependent
princes is the Nabob of Oude. My right honorable friend, [57] to whom we
owe the remedial bills on your table, has already pointed out to you, in one
of the reports, the condition of that prince, and as it stood in the time he
alluded to. I shall only add a few circumstances that may tend to awaken
some sense of the manner in which the condition of the people is affected
by that of the prince, and involved in it,—and to show you, that, when we
talk of the sufferings of princes, we do not lament the oppression of
individuals,—and that in these cases the high and the low suffer together.
In the year 1779, the Nabob of Oude represented, through the British
resident at his court, that the number of Company's troops stationed in his
dominions was a main cause of his distress,—and that all those which he
was not bound by treaty to maintain should be withdrawn, as they had
greatly diminished his revenue and impoverished his country. I will read
you, if you please, a few extracts from these representations.
He states, "that the country and cultivation are abandoned, and this year
in particular, from the excessive drought of the season, deductions of many
lacs having been allowed to the farmers, who are still left unsatisfied"; and
then he proceeds with a long detail of his own distress, and that of his
family and all his dependants; and adds, "that the new-raised brigade is not
only quite useless to my government, but is, moreover, the cause of much
loss both in revenues and customs. The detached body of troops under
European officers bring nothing but confusion to the affairs of my
government, and are entirely their own masters." Mr. Middleton, Mr.
Hastings's confidential resident, vouches for the truth of this representation
in its fullest extent. "I am concerned to confess that there is too good
ground for this plea. The misfortune hat been general throughout the whole
of the vizier's [the Nabob of Oude] dominions, obvious to everybody; and
so fatal have been its consequences, that no person of either credit or
princes is the Nabob of Oude. My right honorable friend, [57] to whom we
owe the remedial bills on your table, has already pointed out to you, in one
of the reports, the condition of that prince, and as it stood in the time he
alluded to. I shall only add a few circumstances that may tend to awaken
some sense of the manner in which the condition of the people is affected
by that of the prince, and involved in it,—and to show you, that, when we
talk of the sufferings of princes, we do not lament the oppression of
individuals,—and that in these cases the high and the low suffer together.
In the year 1779, the Nabob of Oude represented, through the British
resident at his court, that the number of Company's troops stationed in his
dominions was a main cause of his distress,—and that all those which he
was not bound by treaty to maintain should be withdrawn, as they had
greatly diminished his revenue and impoverished his country. I will read
you, if you please, a few extracts from these representations.
He states, "that the country and cultivation are abandoned, and this year
in particular, from the excessive drought of the season, deductions of many
lacs having been allowed to the farmers, who are still left unsatisfied"; and
then he proceeds with a long detail of his own distress, and that of his
family and all his dependants; and adds, "that the new-raised brigade is not
only quite useless to my government, but is, moreover, the cause of much
loss both in revenues and customs. The detached body of troops under
European officers bring nothing but confusion to the affairs of my
government, and are entirely their own masters." Mr. Middleton, Mr.
Hastings's confidential resident, vouches for the truth of this representation
in its fullest extent. "I am concerned to confess that there is too good
ground for this plea. The misfortune hat been general throughout the whole
of the vizier's [the Nabob of Oude] dominions, obvious to everybody; and
so fatal have been its consequences, that no person of either credit or
Page 393
character would enter into engagements with government for farming the
country." He then proceeds to give strong instances of the general calamity,
and its effects.
It was now to be seen what steps the Governor-General and Council took
for the relief of this distressed country, long laboring under the vexations of
men, and now stricken by the hand of God. The case of a general famine is
known to relax the severity even of the most rigorous government.—Mr.
Hastings does not deny or show the least doubt of the fact. The
representation is humble, and almost abject. On this representation from a
great prince of the distress of his subjects, Mr. Hastings falls into a violent
passion,—such as (it seems) would be unjustifiable in any one who speaks
of any part of his conduct. He declares "that the demands, the tone in which
they were asserted, and the season in which they were made, are all equally
alarming, and appear to him to require an adequate degree of firmness in
this board in opposition to them." He proceeds to deal out very unreserved
language on the person and character of the Nabob and his ministers. He
declares, that, in a division between him and the Nabob, "the strongest must
decide." With regard to the urgent and instant necessity from the failure of
the crops, he says, "that perhaps expedients may be found for affording a
gradual relief from the burden of which he so heavily complains, and it
shall be my endeavor to seek them out": and lest he should be suspected of
too much haste to alleviate sufferings and to remove violence, he says, "that
these must be gradually applied, and their complete effect may be distant;
and this, I conceive, is all he can claim of right."
This complete effect of his lenity is distant indeed. Rejecting this
demand, (as he calls the Nabob's abject supplication,) he attributes it, as he
usually does all things of the kind, to the division in their government, and
says, "This is a powerful motive with me (however inclined I might be,
upon any other occasion, to yield to somepart of his demand) to give them
country." He then proceeds to give strong instances of the general calamity,
and its effects.
It was now to be seen what steps the Governor-General and Council took
for the relief of this distressed country, long laboring under the vexations of
men, and now stricken by the hand of God. The case of a general famine is
known to relax the severity even of the most rigorous government.—Mr.
Hastings does not deny or show the least doubt of the fact. The
representation is humble, and almost abject. On this representation from a
great prince of the distress of his subjects, Mr. Hastings falls into a violent
passion,—such as (it seems) would be unjustifiable in any one who speaks
of any part of his conduct. He declares "that the demands, the tone in which
they were asserted, and the season in which they were made, are all equally
alarming, and appear to him to require an adequate degree of firmness in
this board in opposition to them." He proceeds to deal out very unreserved
language on the person and character of the Nabob and his ministers. He
declares, that, in a division between him and the Nabob, "the strongest must
decide." With regard to the urgent and instant necessity from the failure of
the crops, he says, "that perhaps expedients may be found for affording a
gradual relief from the burden of which he so heavily complains, and it
shall be my endeavor to seek them out": and lest he should be suspected of
too much haste to alleviate sufferings and to remove violence, he says, "that
these must be gradually applied, and their complete effect may be distant;
and this, I conceive, is all he can claim of right."
This complete effect of his lenity is distant indeed. Rejecting this
demand, (as he calls the Nabob's abject supplication,) he attributes it, as he
usually does all things of the kind, to the division in their government, and
says, "This is a powerful motive with me (however inclined I might be,
upon any other occasion, to yield to somepart of his demand) to give them
Page 394
an absolute and unconditional refusal upon the present,—and even to bring
to punishment, if my influence can produce that effect, those incendiaries
who have endeavored to make themselves the instruments of division
between us."
Here, Sir, is much heat and passion,—but no more consideration of the
distress of the country, from a failure of the means of subsistence, and (if
possible) the worse evil of an useless and licentious soldiery, than if they
were the most contemptible of all trifles. A letter is written, in consequence,
in such a style of lofty despotism as I believe has hitherto been unexampled
and unheard of in the records of the East. The troops were continued. The
gradual relief, whose effect was to be so distant, has never been
substantially and beneficially applied,—and the country is ruined.
Mr. Hastings, two years after, when it was too late, saw the absolute
necessity of a removal of the intolerable grievance of this licentious
soldiery, which, under pretence of defending it, held the country under
military execution. A new treaty and arrangement, according to the pleasure
of Mr. Hastings, took place; and this new treaty was broken in the old
manner, in every essential article. The soldiery were again sent, and again
set loose. The effect of all his manoeuvres, from which it seems he was
sanguine enough to entertain hopes, upon the state of the country, he
himself informs us,—"The event has proved the reverse of these hopes, and
accumulation of distress, debasement, and dissatisfaction to the Nabob, and
disappointment and disgrace to me.—Every measure [which he had himself
proposed] has been so conducted as to give him cause of displeasure. There
are no officers established by which his affairs could be regularly
conducted: mean, incapable, and indigent men have been appointed. A
number of the districts without authority, and without the means of personal
protection; some of them have been murdered by the zemindars, and those
zemindars, instead of punishment, have been permitted to retain their
to punishment, if my influence can produce that effect, those incendiaries
who have endeavored to make themselves the instruments of division
between us."
Here, Sir, is much heat and passion,—but no more consideration of the
distress of the country, from a failure of the means of subsistence, and (if
possible) the worse evil of an useless and licentious soldiery, than if they
were the most contemptible of all trifles. A letter is written, in consequence,
in such a style of lofty despotism as I believe has hitherto been unexampled
and unheard of in the records of the East. The troops were continued. The
gradual relief, whose effect was to be so distant, has never been
substantially and beneficially applied,—and the country is ruined.
Mr. Hastings, two years after, when it was too late, saw the absolute
necessity of a removal of the intolerable grievance of this licentious
soldiery, which, under pretence of defending it, held the country under
military execution. A new treaty and arrangement, according to the pleasure
of Mr. Hastings, took place; and this new treaty was broken in the old
manner, in every essential article. The soldiery were again sent, and again
set loose. The effect of all his manoeuvres, from which it seems he was
sanguine enough to entertain hopes, upon the state of the country, he
himself informs us,—"The event has proved the reverse of these hopes, and
accumulation of distress, debasement, and dissatisfaction to the Nabob, and
disappointment and disgrace to me.—Every measure [which he had himself
proposed] has been so conducted as to give him cause of displeasure. There
are no officers established by which his affairs could be regularly
conducted: mean, incapable, and indigent men have been appointed. A
number of the districts without authority, and without the means of personal
protection; some of them have been murdered by the zemindars, and those
zemindars, instead of punishment, have been permitted to retain their
Page 395
zemindaries, with independent authority; all the other zemindars suffered to
rise up in rebellion, and to insult the authority of the sircar, without any
attempt made to suppress them; and the Company's debt, instead of being
discharged by the assignments and extraordinary sources of money
provided for that purpose, is likely to exceed even the amount at which it
stood at the time in which the arrangement with his Excellency was
concluded." The House will smile at the resource on which the Directors
take credit as such a certainty in their curious account.
This is Mr. Hastings's own narrative of the effects of his own settlement.
This is the state of the country which we have been told is in perfect peace
and order; and, what is curious, he informs us, that every part of this was
foretold to him in the order and manner in which it happened, at the very
time he made his arrangement of men and measures.
The invariable course of the Company's policy is this: either they set up
some prince too odious to maintain himself without the necessity of their
assistance, or they soon render him odious by making him the instrument of
their government. In that case troops are bountifully sent to him to maintain
his authority. That he should have no want of assistance, a civil gentleman,
called a Resident, is kept at his court, who, under pretence of providing
duly for the pay of these troops, gets assignments on the revenue into his
hands. Under his provident management, debts soon accumulate; new
assignments are made for these debts; until, step by step, the whole revenue,
and with it the whole power of the country, is delivered into his hands. The
military do not behold without a virtuous emulation the moderate gains of
the civil department. They feel that in a country driven to habitual rebellion
by the civil government the military is necessary; and they will not permit
their services to go unrewarded. Tracts of country are delivered over to their
discretion. Then it is found proper to convert their commanding officers
into farmers of revenue. Thus, between the well-paid civil and well-
rise up in rebellion, and to insult the authority of the sircar, without any
attempt made to suppress them; and the Company's debt, instead of being
discharged by the assignments and extraordinary sources of money
provided for that purpose, is likely to exceed even the amount at which it
stood at the time in which the arrangement with his Excellency was
concluded." The House will smile at the resource on which the Directors
take credit as such a certainty in their curious account.
This is Mr. Hastings's own narrative of the effects of his own settlement.
This is the state of the country which we have been told is in perfect peace
and order; and, what is curious, he informs us, that every part of this was
foretold to him in the order and manner in which it happened, at the very
time he made his arrangement of men and measures.
The invariable course of the Company's policy is this: either they set up
some prince too odious to maintain himself without the necessity of their
assistance, or they soon render him odious by making him the instrument of
their government. In that case troops are bountifully sent to him to maintain
his authority. That he should have no want of assistance, a civil gentleman,
called a Resident, is kept at his court, who, under pretence of providing
duly for the pay of these troops, gets assignments on the revenue into his
hands. Under his provident management, debts soon accumulate; new
assignments are made for these debts; until, step by step, the whole revenue,
and with it the whole power of the country, is delivered into his hands. The
military do not behold without a virtuous emulation the moderate gains of
the civil department. They feel that in a country driven to habitual rebellion
by the civil government the military is necessary; and they will not permit
their services to go unrewarded. Tracts of country are delivered over to their
discretion. Then it is found proper to convert their commanding officers
into farmers of revenue. Thus, between the well-paid civil and well-
Page 396
rewarded military establishment, the situation of the natives may be easily
conjectured. The authority of the regular and lawful government is
everywhere and in every point extinguished. Disorders and violences arise;
they are repressed by other disorders and other violences. Wherever the
collectors of the revenue and the farming colonels and majors move, ruin is
about them, rebellion before and behind them. The people in crowds fly out
of the country; and the frontier is guarded by lines of troops, not to exclude
an enemy, but to prevent the escape of the inhabitants.
By these means, in the course of not more than four or five years, this
once opulent and flourishing country, which, by the accounts given in the
Bengal consultations, yielded more than three crore of sicca rupees, that is,
above three millions sterling, annually, is reduced, as far as I can discover,
in a matter purposely involved in the utmost perplexity, to less than one
million three hundred thousand pounds, and that exacted by every mode of
rigor that can be devised. To complete the business, most of the wretched
remnants of this revenue are mortgaged, and delivered into the hands of the
usurers at Benares (for there alone are to be found some lingering remains
of the ancient wealth of these regions) at an interest of near thirty per cent
per annum.
The revenues in this manner failing, they seized upon the estates of every
person of eminence in the country, and, under the name of resumption,
confiscated their property. I wish, Sir, to be understood universally and
literally, when I assert that there is not left one man of property and
substance for his rank in the whole of these provinces, in provinces which
are nearly the extent of England and Wales taken together: not one
landholder, not one banker, not one merchant, not one even of those who
usually perish last, the ultimum moriens in a ruined state, not one farmer of
revenue.
conjectured. The authority of the regular and lawful government is
everywhere and in every point extinguished. Disorders and violences arise;
they are repressed by other disorders and other violences. Wherever the
collectors of the revenue and the farming colonels and majors move, ruin is
about them, rebellion before and behind them. The people in crowds fly out
of the country; and the frontier is guarded by lines of troops, not to exclude
an enemy, but to prevent the escape of the inhabitants.
By these means, in the course of not more than four or five years, this
once opulent and flourishing country, which, by the accounts given in the
Bengal consultations, yielded more than three crore of sicca rupees, that is,
above three millions sterling, annually, is reduced, as far as I can discover,
in a matter purposely involved in the utmost perplexity, to less than one
million three hundred thousand pounds, and that exacted by every mode of
rigor that can be devised. To complete the business, most of the wretched
remnants of this revenue are mortgaged, and delivered into the hands of the
usurers at Benares (for there alone are to be found some lingering remains
of the ancient wealth of these regions) at an interest of near thirty per cent
per annum.
The revenues in this manner failing, they seized upon the estates of every
person of eminence in the country, and, under the name of resumption,
confiscated their property. I wish, Sir, to be understood universally and
literally, when I assert that there is not left one man of property and
substance for his rank in the whole of these provinces, in provinces which
are nearly the extent of England and Wales taken together: not one
landholder, not one banker, not one merchant, not one even of those who
usually perish last, the ultimum moriens in a ruined state, not one farmer of
revenue.
Page 397
One country for a while remained, which stood as an island in the midst
of the grand waste of the Company's dominion. My right honorable friend,
in his admirable speech on moving the bill, just touched the situation, the
offences, and the punishment of a native prince, called Fizulla Khân. This
man, by policy and force, had protected himself from the general
extirpation of the Rohilla chiefs. He was secured (if that were any security)
by a treaty. It was stated to you, as it was stated by the enemies of that
unfortunate man, "that the whole of his country is what the whole country
of the Rohillas was, cultivated like a garden, without one neglected spot in
it." Another accuser says,—"Fyzoolah Khan, though a bad soldier, [that is
the true source of his misfortune,] has approved himself a good aumil,—
having, it is supposed, in the course of a few years, at least doubled the
population and revenue of his country." In another part of the
correspondence he is charged with making his country an asylum for the
oppressed peasants who fly from the territories of Oude. The improvement
of his revenue, arising from this single crime, (which Mr. Hastings
considers as tantamount to treason,) is stated at an hundred and fifty
thousand pounds a year.
Dr. Swift somewhere says, that he who could make two blades of grass
grow where but one grew before was a greater benefactor to the human race
than all the politicians that ever existed. This prince, who would have been
deified by antiquity, who would have been ranked with Osiris, and Bacchus,
and Ceres, and the divinities most propitious to men, was, for those very
merits, by name attacked by the Company's government, as a cheat, a
robber, a traitor. In the same breath in which he was accused as a rebel, he
was ordered at once to furnish five thousand horse. On delay, or (according
to the technical phrase, when any remonstrance is made to them) "on
evasion," he was declared a violator of treaties, and everything he had was
to be taken from him. Not one word, however, of horse in this treaty.
of the grand waste of the Company's dominion. My right honorable friend,
in his admirable speech on moving the bill, just touched the situation, the
offences, and the punishment of a native prince, called Fizulla Khân. This
man, by policy and force, had protected himself from the general
extirpation of the Rohilla chiefs. He was secured (if that were any security)
by a treaty. It was stated to you, as it was stated by the enemies of that
unfortunate man, "that the whole of his country is what the whole country
of the Rohillas was, cultivated like a garden, without one neglected spot in
it." Another accuser says,—"Fyzoolah Khan, though a bad soldier, [that is
the true source of his misfortune,] has approved himself a good aumil,—
having, it is supposed, in the course of a few years, at least doubled the
population and revenue of his country." In another part of the
correspondence he is charged with making his country an asylum for the
oppressed peasants who fly from the territories of Oude. The improvement
of his revenue, arising from this single crime, (which Mr. Hastings
considers as tantamount to treason,) is stated at an hundred and fifty
thousand pounds a year.
Dr. Swift somewhere says, that he who could make two blades of grass
grow where but one grew before was a greater benefactor to the human race
than all the politicians that ever existed. This prince, who would have been
deified by antiquity, who would have been ranked with Osiris, and Bacchus,
and Ceres, and the divinities most propitious to men, was, for those very
merits, by name attacked by the Company's government, as a cheat, a
robber, a traitor. In the same breath in which he was accused as a rebel, he
was ordered at once to furnish five thousand horse. On delay, or (according
to the technical phrase, when any remonstrance is made to them) "on
evasion," he was declared a violator of treaties, and everything he had was
to be taken from him. Not one word, however, of horse in this treaty.
Page 398
The territory of this Fizulla Khân, Mr. Speaker, is less than the County of
Norfolk. It is an inland country, full seven hundred miles from any seaport,
and not distinguished for any one considerable branch of manufacture
whatsoever. From this territory several very considerable sums had at
several times been paid to the British resident. The demand of cavalry,
without a shadow or decent pretext of right, amounted to three hundred
thousand a year more, at the lowest computation; and it is stated, by the last
person sent to negotiate, as a demand of little use, if it could be complied
with,—but that the compliance was impossible, as it amounted to more than
his territories could supply, if there had been no other demand upon him.
Three hundred thousand pounds a year from an inland country not so large
as Norfolk!
The thing most extraordinary was to hear the culprit defend himself from
the imputation of his virtues, as if they had been the blackest offences. He
extenuated the superior cultivation of his country. He denied its population.
He endeavored to prove that he had often sent back the poor peasant that
sought shelter with him.—I can make no observation on this.
After a variety of extortions and vexations, too fatiguing to you, too
disgusting to me, to go through with, they found "that they ought to be in a
better state to warrant forcible means"; they therefore contented themselves
with a gross sum of one hundred and fifty thousand pounds for their present
demand. They offered him, indeed, an indemnity from their exactions in
future for three hundred thousand pounds more. But he refused to buy their
securities,—pleading (probably with truth) his poverty; but if the plea were
not founded, in my opinion very wisely: not choosing to deal any more in
that dangerous commodity of the Company's faith; and thinking it better to
oppose distress and unarmed obstinacy to uncolored exaction than to
subject himself to be considered as a cheat, if he should make a treaty in the
least beneficial to himself.
Norfolk. It is an inland country, full seven hundred miles from any seaport,
and not distinguished for any one considerable branch of manufacture
whatsoever. From this territory several very considerable sums had at
several times been paid to the British resident. The demand of cavalry,
without a shadow or decent pretext of right, amounted to three hundred
thousand a year more, at the lowest computation; and it is stated, by the last
person sent to negotiate, as a demand of little use, if it could be complied
with,—but that the compliance was impossible, as it amounted to more than
his territories could supply, if there had been no other demand upon him.
Three hundred thousand pounds a year from an inland country not so large
as Norfolk!
The thing most extraordinary was to hear the culprit defend himself from
the imputation of his virtues, as if they had been the blackest offences. He
extenuated the superior cultivation of his country. He denied its population.
He endeavored to prove that he had often sent back the poor peasant that
sought shelter with him.—I can make no observation on this.
After a variety of extortions and vexations, too fatiguing to you, too
disgusting to me, to go through with, they found "that they ought to be in a
better state to warrant forcible means"; they therefore contented themselves
with a gross sum of one hundred and fifty thousand pounds for their present
demand. They offered him, indeed, an indemnity from their exactions in
future for three hundred thousand pounds more. But he refused to buy their
securities,—pleading (probably with truth) his poverty; but if the plea were
not founded, in my opinion very wisely: not choosing to deal any more in
that dangerous commodity of the Company's faith; and thinking it better to
oppose distress and unarmed obstinacy to uncolored exaction than to
subject himself to be considered as a cheat, if he should make a treaty in the
least beneficial to himself.
Page 399
Thus they executed an exemplary punishment on Fizulla Khân for the
culture of his country. But, conscious that the prevention of evils is the great
object of all good regulation, they deprived him of the means of increasing
that criminal cultivation in future, by exhausting his coffers; and that the
population of his country should no more be a standing reproach and libel
on the Company's government, they bound him by a positive engagement
not to afford any shelter whatsoever to the farmers and laborers who should
seek refuge in his territories from the exactions of the British residents in
Oude. When they had done all this effectually, they gave him a full and
complete acquittance from all charges of rebellion, or of any intention to
rebel, or of his having originally had any interest in, or any means of,
rebellion.
These intended rebellions are one of the Company's standing resources.
When money has been thought to be heaped up anywhere, its owners are
universally accused of rebellion, until they are acquitted of their money and
their treasons at once. The money once taken, all accusation, trial, and
punishment ends. It is so settled a resource, that I rather wonder how it
comes to be omitted in the Directors' account; but I take it for granted this
omission will be supplied in their next edition.
The Company stretched this resource to the full extent, when they
accused two old women, in the remotest corner of India, (who could have
no possible view or motive to raise disturbances,) of being engaged in
rebellion, with an intent to drive out the English nation, in whose
protection, purchased by money and secured by treaty, rested the sole hope
of their existence. But the Company wanted money, and the old women
must be guilty of a plot. They were accused of rebellion, and they were
convicted of wealth. Twice had great sums been extorted from them, and as
often had the British faith guarantied the remainder. A body of British
troops, with one of the military farmers-general at their head, was sent to
culture of his country. But, conscious that the prevention of evils is the great
object of all good regulation, they deprived him of the means of increasing
that criminal cultivation in future, by exhausting his coffers; and that the
population of his country should no more be a standing reproach and libel
on the Company's government, they bound him by a positive engagement
not to afford any shelter whatsoever to the farmers and laborers who should
seek refuge in his territories from the exactions of the British residents in
Oude. When they had done all this effectually, they gave him a full and
complete acquittance from all charges of rebellion, or of any intention to
rebel, or of his having originally had any interest in, or any means of,
rebellion.
These intended rebellions are one of the Company's standing resources.
When money has been thought to be heaped up anywhere, its owners are
universally accused of rebellion, until they are acquitted of their money and
their treasons at once. The money once taken, all accusation, trial, and
punishment ends. It is so settled a resource, that I rather wonder how it
comes to be omitted in the Directors' account; but I take it for granted this
omission will be supplied in their next edition.
The Company stretched this resource to the full extent, when they
accused two old women, in the remotest corner of India, (who could have
no possible view or motive to raise disturbances,) of being engaged in
rebellion, with an intent to drive out the English nation, in whose
protection, purchased by money and secured by treaty, rested the sole hope
of their existence. But the Company wanted money, and the old women
must be guilty of a plot. They were accused of rebellion, and they were
convicted of wealth. Twice had great sums been extorted from them, and as
often had the British faith guarantied the remainder. A body of British
troops, with one of the military farmers-general at their head, was sent to
Page 400
seize upon the castle in which these helpless women resided. Their chief
eunuchs, who were their agents, their guardians, protectors, persons of high
rank according to the Eastern manners, and of great trust, were thrown into
dungeons, to make them discover their hidden treasures; and there they lie
at present. The lands assigned for the maintenance of the women were
seized and confiscated. Their jewels and effects were taken, and set up to a
pretended auction in an obscure place, and bought at such a price as the
gentlemen thought proper to give. No account has ever been transmitted of
the articles or produce of this sale. What money was obtained is unknown,
or what terms were stipulated for the maintenance of these despoiled and
forlorn creatures: for by some particulars it appears as if an engagement of
the kind was made.
Let me here remark, once for all, that though the act of 1773 requires that
an account of all proceedings should be diligently transmitted, that this, like
all the other injunctions of the law, is totally despised, and that half at least
of the most important papers are intentionally withheld.
I wish you, Sir, to advert particularly, in this transaction, to the quality
and the numbers of the persons spoiled, and the instrument by whom that
spoil was made. These ancient matrons, called the Begums, or Princesses,
were of the first birth and quality in India: the one mother, the other wife, of
the late Nabob of Oude, Sujah Dowlah, a prince possessed of extensive and
flourishing dominions, and the second man in the Mogul Empire. This
prince (suspicious, and not unjustly suspicious, of his son and successor) at
his death committed his treasures and his family to the British faith. That
family and household consisted of two thousand women, to which were
added two other seraglios of near kindred, and said to be extremely
numerous, and (as I am well informed) of about fourscore of the Nabob's
children, with all the eunuchs, the ancient servants, and a multitude of the
dependants of his splendid court. These were all to be provided, for present
eunuchs, who were their agents, their guardians, protectors, persons of high
rank according to the Eastern manners, and of great trust, were thrown into
dungeons, to make them discover their hidden treasures; and there they lie
at present. The lands assigned for the maintenance of the women were
seized and confiscated. Their jewels and effects were taken, and set up to a
pretended auction in an obscure place, and bought at such a price as the
gentlemen thought proper to give. No account has ever been transmitted of
the articles or produce of this sale. What money was obtained is unknown,
or what terms were stipulated for the maintenance of these despoiled and
forlorn creatures: for by some particulars it appears as if an engagement of
the kind was made.
Let me here remark, once for all, that though the act of 1773 requires that
an account of all proceedings should be diligently transmitted, that this, like
all the other injunctions of the law, is totally despised, and that half at least
of the most important papers are intentionally withheld.
I wish you, Sir, to advert particularly, in this transaction, to the quality
and the numbers of the persons spoiled, and the instrument by whom that
spoil was made. These ancient matrons, called the Begums, or Princesses,
were of the first birth and quality in India: the one mother, the other wife, of
the late Nabob of Oude, Sujah Dowlah, a prince possessed of extensive and
flourishing dominions, and the second man in the Mogul Empire. This
prince (suspicious, and not unjustly suspicious, of his son and successor) at
his death committed his treasures and his family to the British faith. That
family and household consisted of two thousand women, to which were
added two other seraglios of near kindred, and said to be extremely
numerous, and (as I am well informed) of about fourscore of the Nabob's
children, with all the eunuchs, the ancient servants, and a multitude of the
dependants of his splendid court. These were all to be provided, for present
Page 401
maintenance and future establishment, from the lands assigned as dower,
and from the treasures which he left to these matrons, in trust for the whole
family.
So far as to the objects of the spoil. The instrument chosen by Mr.
Hastings to despoil the relict of Sujah Dowlah was her own son, the
reigning Nabob of Oude. It was the pious hand of a son that was selected to
tear from his mother and grandmother the provision of their age, the
maintenance of his brethren, and of all the ancient household of his father.
[Here a laugh, from some young members.] The laugh is seasonable, and
the occasion decent and proper.
By the last advices, something of the sum extorted remained unpaid. The
women, in despair, refuse to deliver more, unless their lands are restored,
and their ministers released from prison; but Mr. Hastings and his council,
steady to their point, and consistent to the last in their conduct, write to the
resident to stimulate the son to accomplish the filial acts he had brought so
near to their perfection. "We desire," say they in their letter to the resident,
(written so late as March last,) "that you will inform us if any, and what
means, have been taken for recovering the balance due from the Begum
[Princess] at Fyzabad; and that, if necessary, you recommend it to the vizier
to enforce the most effectual means for that purpose."
What their effectual means of enforcing demands on women of high rank
and condition are I shall show you, Sir, in a few minutes, when I represent
to you another of these plots and rebellions, which always in India, though
so rarely anywhere else, are the offspring of an easy condition and hoarded
riches.
Benares is the capital city of the Indian religion. It is regarded as holy by
a particular and distinguished sanctity; and the Gentoos in general think
themselves as much obliged to visit it once in their lives as the Mahometans
and from the treasures which he left to these matrons, in trust for the whole
family.
So far as to the objects of the spoil. The instrument chosen by Mr.
Hastings to despoil the relict of Sujah Dowlah was her own son, the
reigning Nabob of Oude. It was the pious hand of a son that was selected to
tear from his mother and grandmother the provision of their age, the
maintenance of his brethren, and of all the ancient household of his father.
[Here a laugh, from some young members.] The laugh is seasonable, and
the occasion decent and proper.
By the last advices, something of the sum extorted remained unpaid. The
women, in despair, refuse to deliver more, unless their lands are restored,
and their ministers released from prison; but Mr. Hastings and his council,
steady to their point, and consistent to the last in their conduct, write to the
resident to stimulate the son to accomplish the filial acts he had brought so
near to their perfection. "We desire," say they in their letter to the resident,
(written so late as March last,) "that you will inform us if any, and what
means, have been taken for recovering the balance due from the Begum
[Princess] at Fyzabad; and that, if necessary, you recommend it to the vizier
to enforce the most effectual means for that purpose."
What their effectual means of enforcing demands on women of high rank
and condition are I shall show you, Sir, in a few minutes, when I represent
to you another of these plots and rebellions, which always in India, though
so rarely anywhere else, are the offspring of an easy condition and hoarded
riches.
Benares is the capital city of the Indian religion. It is regarded as holy by
a particular and distinguished sanctity; and the Gentoos in general think
themselves as much obliged to visit it once in their lives as the Mahometans
Page 402
to perform their pilgrimage to Mecca. By this means that city grew great in
commerce and opulence; and so effectually was it secured by the pious
veneration of that people, that in all wars and in all violences of power there
was so sure an asylum both for poverty and wealth, (as it were under a
divine protection,) that the wisest laws and best assured free constitution
could not better provide for the relief of the one or the safety of the other;
and this tranquillity influenced to the greatest degree the prosperity of all
the country, and the territory of which it was the capital. The interest of
money there was not more than half the usual rate in which it stood in all
other places. The reports have fully informed you of the means and of the
terms in which this city and the territory called Ghazipoor, of which it was
the head, came under the sovereignty of the East India Company.
If ever there was a subordinate dominion pleasantly circumstanced to the
superior power, it was this. A large rent or tribute, to the amount of two
hundred and sixty thousand pounds a year, was paid in monthly instalments
with the punctuality of a dividend at the Bank. If ever there was a prince
who could not have an interest in disturbances, it was its sovereign, the
Rajah Cheit Sing. He was in possession of the capital of his religion, and a
willing revenue was paid by the devout people who resorted to him from all
parts. His sovereignty and his independence, except his tribute, was secured
by every tie. His territory was not much less than half of Ireland, and
displayed in all parts a degree of cultivation, ease, and plenty, under his
frugal and paternal management, which left him nothing to desire, either for
honor or satisfaction.
This was the light in which this country appeared to almost every eye.
But Mr. Hastings beheld it askance. Mr. Hastings tells us that it was
reported of this Cheit Sing, that his father left him a million sterling, and
that he made annual accessions to the hoard. Nothing could be so obnoxious
to indigent power. So much wealth could not be innocent. The House is
commerce and opulence; and so effectually was it secured by the pious
veneration of that people, that in all wars and in all violences of power there
was so sure an asylum both for poverty and wealth, (as it were under a
divine protection,) that the wisest laws and best assured free constitution
could not better provide for the relief of the one or the safety of the other;
and this tranquillity influenced to the greatest degree the prosperity of all
the country, and the territory of which it was the capital. The interest of
money there was not more than half the usual rate in which it stood in all
other places. The reports have fully informed you of the means and of the
terms in which this city and the territory called Ghazipoor, of which it was
the head, came under the sovereignty of the East India Company.
If ever there was a subordinate dominion pleasantly circumstanced to the
superior power, it was this. A large rent or tribute, to the amount of two
hundred and sixty thousand pounds a year, was paid in monthly instalments
with the punctuality of a dividend at the Bank. If ever there was a prince
who could not have an interest in disturbances, it was its sovereign, the
Rajah Cheit Sing. He was in possession of the capital of his religion, and a
willing revenue was paid by the devout people who resorted to him from all
parts. His sovereignty and his independence, except his tribute, was secured
by every tie. His territory was not much less than half of Ireland, and
displayed in all parts a degree of cultivation, ease, and plenty, under his
frugal and paternal management, which left him nothing to desire, either for
honor or satisfaction.
This was the light in which this country appeared to almost every eye.
But Mr. Hastings beheld it askance. Mr. Hastings tells us that it was
reported of this Cheit Sing, that his father left him a million sterling, and
that he made annual accessions to the hoard. Nothing could be so obnoxious
to indigent power. So much wealth could not be innocent. The House is
Page 403
fully acquainted with the unfounded and unjust requisitions which were
made upon this prince. The question has been most ably and conclusively
cleared up in one of the reports of the select committee, and in an answer of
the Court of Directors to an extraordinary publication against them by their
servant, Mr. Hastings. But I mean to pass by these exactions as if they were
perfectly just and regular; and having admitted them, I take what I shall
now trouble you with only as it serves to show the spirit of the Company's
government, the mode in which it is carried on, and the maxims on which it
proceeds.
Mr. Hastings, from whom I take the doctrine, endeavors to prove that
Cheit Sing was no sovereign prince, but a mere zemindar, or common
subject, holding land by rent. If this be granted to him, it is next to be seen
under what terms he is of opinion such a landholder, that is a British
subject, holds his life and property under the Company's government. It is
proper to understand well the doctrines of the person whose administration
has lately received such distinguished approbation from the Company. His
doctrine is,—"That the Company, or the person delegated by it, holds an
absolute authority over such zemindars;—that he [such a subject] owes an
implicit and unreserved obedience to its authority, at the forfeiture even of
his life and property, at the DISCRETION of those who held or fully
represented the sovereign authority;—and that these rights are fully
delegated to him, Mr. Hastings."
Such is a British governor's idea of the condition of a great zemindar
holding under a British authority; and this kind of authority he supposes
fully delegated to him,—though no such delegation appears in any
commission, instruction, or act of Parliament. At his discretion he may
demand of the substance of any zemindar, over and above his rent or
tribute, even, what he pleases, with a sovereign authority; and if he does not
yield an implicit, unreserved obedience to all his commands, he forfeits his
made upon this prince. The question has been most ably and conclusively
cleared up in one of the reports of the select committee, and in an answer of
the Court of Directors to an extraordinary publication against them by their
servant, Mr. Hastings. But I mean to pass by these exactions as if they were
perfectly just and regular; and having admitted them, I take what I shall
now trouble you with only as it serves to show the spirit of the Company's
government, the mode in which it is carried on, and the maxims on which it
proceeds.
Mr. Hastings, from whom I take the doctrine, endeavors to prove that
Cheit Sing was no sovereign prince, but a mere zemindar, or common
subject, holding land by rent. If this be granted to him, it is next to be seen
under what terms he is of opinion such a landholder, that is a British
subject, holds his life and property under the Company's government. It is
proper to understand well the doctrines of the person whose administration
has lately received such distinguished approbation from the Company. His
doctrine is,—"That the Company, or the person delegated by it, holds an
absolute authority over such zemindars;—that he [such a subject] owes an
implicit and unreserved obedience to its authority, at the forfeiture even of
his life and property, at the DISCRETION of those who held or fully
represented the sovereign authority;—and that these rights are fully
delegated to him, Mr. Hastings."
Such is a British governor's idea of the condition of a great zemindar
holding under a British authority; and this kind of authority he supposes
fully delegated to him,—though no such delegation appears in any
commission, instruction, or act of Parliament. At his discretion he may
demand of the substance of any zemindar, over and above his rent or
tribute, even, what he pleases, with a sovereign authority; and if he does not
yield an implicit, unreserved obedience to all his commands, he forfeits his
Page 404
lands, his life, and his property, at Mr. Hastings's discretion. But,
extravagant, and even frantic, as these positions appear, they are less so than
what I shall now read to you; for he asserts, that, if any one should urge an
exemption from more than a stated payment, or should consider the deeds
which passed between him and the Board "as bearing the quality and force
of a treaty between equal states," he says, "that such an opinion is itself
criminal to the state of which he is a subject; and that he was himself
amenable to its justice, if he gave countenance to such a belief." Here is a
new species of crime invented, that of countenancing a belief,—but a belief
of what? A belief of that which the Court of Directors, Hastings's masters,
and a committee of this House, have decided as this prince's indisputable
right.
But supposing the Rajah of Benares to be a mere subject, and that subject
a criminal of the highest form; let us see what course was taken by an
upright English magistrate. Did he cite this culprit before his tribunal? Did
he make a charge? Did he produce witnesses? These are not forms; they are
parts of substantial and eternal justice. No, not a word of all this. Mr.
Hastings concludes him, in his own mind, to be guilty: he makes this
conclusion on reports, on hearsays, on appearances, on rumors, on
conjectures, on presumptions; and even these never once hinted to the party,
nor publicly to any human being, till the whole business was done.
But the Governor tells you his motive for this extraordinary proceeding,
so contrary to every mode of justice towards either a prince or a subject,
fairly and without disguise; and he puts into your hands the key of his
whole conduct:—"I will suppose, for a moment, that I have acted with
unwarrantable rigor towards Cheit Sing, and even with injustice.—Let my
MOTIVE be consulted. I left Calcutta, impressed with a belief that
extraordinary means were necessary, and those exerted with a steady hand,
to preserve the Company's interests from sinking under the accumulated
extravagant, and even frantic, as these positions appear, they are less so than
what I shall now read to you; for he asserts, that, if any one should urge an
exemption from more than a stated payment, or should consider the deeds
which passed between him and the Board "as bearing the quality and force
of a treaty between equal states," he says, "that such an opinion is itself
criminal to the state of which he is a subject; and that he was himself
amenable to its justice, if he gave countenance to such a belief." Here is a
new species of crime invented, that of countenancing a belief,—but a belief
of what? A belief of that which the Court of Directors, Hastings's masters,
and a committee of this House, have decided as this prince's indisputable
right.
But supposing the Rajah of Benares to be a mere subject, and that subject
a criminal of the highest form; let us see what course was taken by an
upright English magistrate. Did he cite this culprit before his tribunal? Did
he make a charge? Did he produce witnesses? These are not forms; they are
parts of substantial and eternal justice. No, not a word of all this. Mr.
Hastings concludes him, in his own mind, to be guilty: he makes this
conclusion on reports, on hearsays, on appearances, on rumors, on
conjectures, on presumptions; and even these never once hinted to the party,
nor publicly to any human being, till the whole business was done.
But the Governor tells you his motive for this extraordinary proceeding,
so contrary to every mode of justice towards either a prince or a subject,
fairly and without disguise; and he puts into your hands the key of his
whole conduct:—"I will suppose, for a moment, that I have acted with
unwarrantable rigor towards Cheit Sing, and even with injustice.—Let my
MOTIVE be consulted. I left Calcutta, impressed with a belief that
extraordinary means were necessary, and those exerted with a steady hand,
to preserve the Company's interests from sinking under the accumulated
Page 405
weight which oppressed them. I saw a political necessity for curbing the
overgrown power of a great member of their dominion, and for making it
contribute to the relief of their pressing exigencies." This is plain speaking;
after this, it is no wonder that the Rajah's wealth and his offence, the
necessities of the judge and the opulence of the delinquent, are never
separated, through the whole of Mr. Hastings's apology. "The justice and
policy of exacting a large pecuniary mulct." The resolution "to draw from
his guilt the means of relief to the Company's distresses." His determination
"to make him pay largely for his pardon, or to execute a severe vengeance
for past delinquency." That "as his wealth was great, and the Company's
exigencies pressing, he thought it a measure of justice and policy to exact
from him a large pecuniary mulct for their relief."—"The sum" (says Mr.
Wheler, bearing evidence, at his desire, to his intentions) "to which the
Governor declared his resolution to extend his fine was forty or fifty lacs,
that is, four or five hundred thousand pounds; and that, if he refused, he
was to be removed from his zemindary entirely; or by taking possession of
his forts, to obtain, out of the treasure deposited in them, the above sum for
the Company."
Crimes so convenient, crimes so politic, crimes so necessary, crimes so
alleviating of distress, can never be wanting to those who use no process,
and who produce no proofs.
But there is another serious part (what is not so?) in this affair. Let us
suppose that the power for which Mr. Hastings contends, a power which no
sovereign ever did or ever can vest in any of his subjects, namely, his own
sovereign authority, to be conveyed by the act of Parliament to any man or
body of men whatsoever; it certainly was never given to Mr. Hastings. The
powers given by the act of 1773 were formal and official; they were given,
not to the Governor-General, but to the major vote of the board, as a board,
on discussion amongst themselves, in their public character and capacity;
overgrown power of a great member of their dominion, and for making it
contribute to the relief of their pressing exigencies." This is plain speaking;
after this, it is no wonder that the Rajah's wealth and his offence, the
necessities of the judge and the opulence of the delinquent, are never
separated, through the whole of Mr. Hastings's apology. "The justice and
policy of exacting a large pecuniary mulct." The resolution "to draw from
his guilt the means of relief to the Company's distresses." His determination
"to make him pay largely for his pardon, or to execute a severe vengeance
for past delinquency." That "as his wealth was great, and the Company's
exigencies pressing, he thought it a measure of justice and policy to exact
from him a large pecuniary mulct for their relief."—"The sum" (says Mr.
Wheler, bearing evidence, at his desire, to his intentions) "to which the
Governor declared his resolution to extend his fine was forty or fifty lacs,
that is, four or five hundred thousand pounds; and that, if he refused, he
was to be removed from his zemindary entirely; or by taking possession of
his forts, to obtain, out of the treasure deposited in them, the above sum for
the Company."
Crimes so convenient, crimes so politic, crimes so necessary, crimes so
alleviating of distress, can never be wanting to those who use no process,
and who produce no proofs.
But there is another serious part (what is not so?) in this affair. Let us
suppose that the power for which Mr. Hastings contends, a power which no
sovereign ever did or ever can vest in any of his subjects, namely, his own
sovereign authority, to be conveyed by the act of Parliament to any man or
body of men whatsoever; it certainly was never given to Mr. Hastings. The
powers given by the act of 1773 were formal and official; they were given,
not to the Governor-General, but to the major vote of the board, as a board,
on discussion amongst themselves, in their public character and capacity;
Page 406
and their acts in that character and capacity were to be ascertained by
records and minutes of council. The despotic acts exercised by Mr. Hastings
were done merely in his private character; and, if they had been moderate
and just, would still be the acts of an usurped authority, and without any one
of the legal modes of proceeding which could give him competence for the
most trivial exertion of power. There was no proposition or deliberation
whatsoever in council, no minute on record, by circulation or otherwise, to
authorize his proceedings; no delegation of power to impose a fine, or to
take any step to deprive the Rajah of Benares of his government, his
property, or his liberty. The minutes of consultation assign to his journey a
totally different object, duty, and destination. Mr. Wheler, at his desire, tells
us long after, that he had a confidential conversation with him on various
subjects, of which this was the principal, in which Mr. Hastings notified to
him his secret intentions; "and that he bespoke his support of the measures
which he intended to pursue towards him (the Rajah)." This confidential
discourse, and bespeaking of support, could give him no power, in
opposition to an express act of Parliament, and the whole tenor of the orders
of the Court of Directors.
In what manner the powers thus usurped were employed is known to the
whole world. All the House knows that the design on the Rajah proved as
unfruitful as it was violent. The unhappy prince was expelled, and his more
unhappy country was enslaved and ruined; but not a rupee was acquired.
Instead of treasure to recruit the Company's finances, wasted by their
wanton wars and corrupt jobs, they were plunged into a new war, which
shook their power in India to its foundation, and, to use the Governor's own
happy simile, might have dissolved it like a magic structure, if the talisman
had been broken.
But the success is no part of my consideration, who should think just the
same of this business, if the spoil of one rajah had been fully acquired, and
records and minutes of council. The despotic acts exercised by Mr. Hastings
were done merely in his private character; and, if they had been moderate
and just, would still be the acts of an usurped authority, and without any one
of the legal modes of proceeding which could give him competence for the
most trivial exertion of power. There was no proposition or deliberation
whatsoever in council, no minute on record, by circulation or otherwise, to
authorize his proceedings; no delegation of power to impose a fine, or to
take any step to deprive the Rajah of Benares of his government, his
property, or his liberty. The minutes of consultation assign to his journey a
totally different object, duty, and destination. Mr. Wheler, at his desire, tells
us long after, that he had a confidential conversation with him on various
subjects, of which this was the principal, in which Mr. Hastings notified to
him his secret intentions; "and that he bespoke his support of the measures
which he intended to pursue towards him (the Rajah)." This confidential
discourse, and bespeaking of support, could give him no power, in
opposition to an express act of Parliament, and the whole tenor of the orders
of the Court of Directors.
In what manner the powers thus usurped were employed is known to the
whole world. All the House knows that the design on the Rajah proved as
unfruitful as it was violent. The unhappy prince was expelled, and his more
unhappy country was enslaved and ruined; but not a rupee was acquired.
Instead of treasure to recruit the Company's finances, wasted by their
wanton wars and corrupt jobs, they were plunged into a new war, which
shook their power in India to its foundation, and, to use the Governor's own
happy simile, might have dissolved it like a magic structure, if the talisman
had been broken.
But the success is no part of my consideration, who should think just the
same of this business, if the spoil of one rajah had been fully acquired, and
Page 407
faithfully applied to the destruction of twenty other rajahs. Not only the
arrest of the Rajah in his palace was unnecessary and unwarrantable, and
calculated to stir up any manly blood which remained in his subjects, but
the despotic style and the extreme insolence of language and demeanor,
used to a person of great condition among the politest people in the world,
was intolerable. Nothing aggravates tyranny so much as contumely.
Quicquid superbia in contumeliis was charged by a great man of antiquity,
as a principal head of offence against the Governor-General of that day. The
unhappy people were still more insulted. A relation, but an enemy to the
family, a notorious robber and villain, called Ussaun Sing, kept as a hawk in
a mew, to fly upon this nation, was set up to govern there, instead of a
prince honored and beloved. But when the business of insult was
accomplished, the revenue was too serious a concern to be intrusted to such
hands. Another was set up in his place, as guardian to an infant.
But here, Sir, mark the effect of all these extraordinary means, of all this
policy and justice. The revenues, which had been hitherto paid with such
astonishing punctuality, fell into arrear. The new prince guardian was
deposed without ceremony,—and with as little, cast into prison. The
government of that once happy country has been in the utmost confusion
ever since such good order was taken about it. But, to complete the
contumely offered to this undone people, and to make them feel their
servitude in all its degradation and all its bitterness, the government of their
sacred city, the government of that Benares which had been so respected by
Persian and Tartar conquerors, though of the Mussulman persuasion, that,
even in the plenitude of their pride, power, and bigotry, no magistrate of
that sect entered the place, was now delivered over by English hands to a
Mahometan; and an Ali Ibrahim Khân was introduced, under the Company's
authority, with power of life and death, into the sanctuary of the Gentoo
religion. After this, the taking off a slight payment, cheerfully made by
pilgrims to a chief of their own rites, was represented as a mighty benefit.
arrest of the Rajah in his palace was unnecessary and unwarrantable, and
calculated to stir up any manly blood which remained in his subjects, but
the despotic style and the extreme insolence of language and demeanor,
used to a person of great condition among the politest people in the world,
was intolerable. Nothing aggravates tyranny so much as contumely.
Quicquid superbia in contumeliis was charged by a great man of antiquity,
as a principal head of offence against the Governor-General of that day. The
unhappy people were still more insulted. A relation, but an enemy to the
family, a notorious robber and villain, called Ussaun Sing, kept as a hawk in
a mew, to fly upon this nation, was set up to govern there, instead of a
prince honored and beloved. But when the business of insult was
accomplished, the revenue was too serious a concern to be intrusted to such
hands. Another was set up in his place, as guardian to an infant.
But here, Sir, mark the effect of all these extraordinary means, of all this
policy and justice. The revenues, which had been hitherto paid with such
astonishing punctuality, fell into arrear. The new prince guardian was
deposed without ceremony,—and with as little, cast into prison. The
government of that once happy country has been in the utmost confusion
ever since such good order was taken about it. But, to complete the
contumely offered to this undone people, and to make them feel their
servitude in all its degradation and all its bitterness, the government of their
sacred city, the government of that Benares which had been so respected by
Persian and Tartar conquerors, though of the Mussulman persuasion, that,
even in the plenitude of their pride, power, and bigotry, no magistrate of
that sect entered the place, was now delivered over by English hands to a
Mahometan; and an Ali Ibrahim Khân was introduced, under the Company's
authority, with power of life and death, into the sanctuary of the Gentoo
religion. After this, the taking off a slight payment, cheerfully made by
pilgrims to a chief of their own rites, was represented as a mighty benefit.
Page 408
It remains only to show, through the conduct in this business, the spirit of
the Company's government, and the respect they pay towards other
prejudices, not less regarded in the East than those of religion: I mean the
reverence paid to the female sex in general, and particularly to women of
high rank and condition. During the general confusion of the country of
Ghazipoor, Panna, the mother of Cheit Sing, was lodged with her train in a
castle called Bidgé Gur, in which were likewise deposited a large portion of
the treasures of her son, or more probably her own. To whomsoever they
belonged was indifferent: for, though no charge of rebellion was made on
this woman, (which was rather singular, as it would have cost nothing,) they
were resolved to secure her with her fortune. The castle was besieged by
Major Popham.
There was no great reason to apprehend that soldiers ill paid, that soldiers
who thought they had been defrauded of their plunder on former services of
the same kind, would not have been sufficiently attentive to the spoil they
were expressly come for; but the gallantry and generosity of the profession
was justly suspected, as being likely to set bounds to military rapaciousness.
The Company's first civil magistrate discovered the greatest uneasiness lest
the women should have anything preserved to them. Terms tending to put
some restraint on military violence were granted. He writes a letter to Mr.
Popham, referring to some letter written before to the same effect, which I
do not remember to have seen; but it shows his anxiety on this subject. Hear
himself:—"I think every demand she has made on you, except that of safety
and respect to her person, is unreasonable. If the reports brought to me are
true, your rejecting her offers, or any negotiation, would soon obtain you
the fort upon your own terms. I apprehend she will attempt to defraud the
captors of a considerable part of their booty, by being suffered to retire
without examination. But this is your concern, not mine. I should be very
sorry that your officers and soldiers lost any part of the reward to which
they are so well entitled; but you must be the best judge of the promised
the Company's government, and the respect they pay towards other
prejudices, not less regarded in the East than those of religion: I mean the
reverence paid to the female sex in general, and particularly to women of
high rank and condition. During the general confusion of the country of
Ghazipoor, Panna, the mother of Cheit Sing, was lodged with her train in a
castle called Bidgé Gur, in which were likewise deposited a large portion of
the treasures of her son, or more probably her own. To whomsoever they
belonged was indifferent: for, though no charge of rebellion was made on
this woman, (which was rather singular, as it would have cost nothing,) they
were resolved to secure her with her fortune. The castle was besieged by
Major Popham.
There was no great reason to apprehend that soldiers ill paid, that soldiers
who thought they had been defrauded of their plunder on former services of
the same kind, would not have been sufficiently attentive to the spoil they
were expressly come for; but the gallantry and generosity of the profession
was justly suspected, as being likely to set bounds to military rapaciousness.
The Company's first civil magistrate discovered the greatest uneasiness lest
the women should have anything preserved to them. Terms tending to put
some restraint on military violence were granted. He writes a letter to Mr.
Popham, referring to some letter written before to the same effect, which I
do not remember to have seen; but it shows his anxiety on this subject. Hear
himself:—"I think every demand she has made on you, except that of safety
and respect to her person, is unreasonable. If the reports brought to me are
true, your rejecting her offers, or any negotiation, would soon obtain you
the fort upon your own terms. I apprehend she will attempt to defraud the
captors of a considerable part of their booty, by being suffered to retire
without examination. But this is your concern, not mine. I should be very
sorry that your officers and soldiers lost any part of the reward to which
they are so well entitled; but you must be the best judge of the promised
Page 409
indulgence to the Ranny: what you have engaged for I will certainly ratify;
but as to suffering the Ranny to hold the purgunna of Hurlich, or any other
zemindary, without being subject to the authority of the zemindar, or any
lands whatsoever, or indeed making any condition with her for a provision,
I will never consent."
Here your Governor stimulates a rapacious and licentious soldiery to the
personal search of women, lest these unhappy creatures should avail
themselves of the protection of their sex to secure any supply for their
necessities; and he positively orders that no stipulation should be made for
any provision for them. The widow and mother of a prince, well informed
of her miserable situation, and the cause of it, a woman of this rank became
a suppliant to the domestic servant of Mr. Hastings, (they are his own words
that I read,) "imploring his intercession that she may be relieved from the
hardships and dangers of her present situation, and offering to surrender
the fort, and the treasure and valuable effects contained in it, provided she
can be assured of safety and protection to her person and honor, and to that
of her family and attendants." He is so good as to consent to this, "provided
she surrenders everything of value, with the reserve only of such articles as
you shall think necessary to her condition, or as you yourself shall be
disposed to indulge her with.—But should she refuse to execute the promise
she has made, or delay it beyond the term of twenty-four hours, it is my
positive injunction that you immediately put a stop to any further
intercourse or negotiation with her, and on no pretext renew it. If she
disappoints or trifles with me, after I have subjected my duan to the
disgrace of returning ineffectually, and of course myself to discredit, I shall
consider it as a wanton affront and indignity which I can never forgive; nor
will I grant her any conditions whatever, but leave her exposed to those
dangers which she has chosen to risk, rather than trust to the clemency and
generosity of our government. I think she cannot be ignorant of these
consequences, and will not venture to incur them; and it is for this reason I
but as to suffering the Ranny to hold the purgunna of Hurlich, or any other
zemindary, without being subject to the authority of the zemindar, or any
lands whatsoever, or indeed making any condition with her for a provision,
I will never consent."
Here your Governor stimulates a rapacious and licentious soldiery to the
personal search of women, lest these unhappy creatures should avail
themselves of the protection of their sex to secure any supply for their
necessities; and he positively orders that no stipulation should be made for
any provision for them. The widow and mother of a prince, well informed
of her miserable situation, and the cause of it, a woman of this rank became
a suppliant to the domestic servant of Mr. Hastings, (they are his own words
that I read,) "imploring his intercession that she may be relieved from the
hardships and dangers of her present situation, and offering to surrender
the fort, and the treasure and valuable effects contained in it, provided she
can be assured of safety and protection to her person and honor, and to that
of her family and attendants." He is so good as to consent to this, "provided
she surrenders everything of value, with the reserve only of such articles as
you shall think necessary to her condition, or as you yourself shall be
disposed to indulge her with.—But should she refuse to execute the promise
she has made, or delay it beyond the term of twenty-four hours, it is my
positive injunction that you immediately put a stop to any further
intercourse or negotiation with her, and on no pretext renew it. If she
disappoints or trifles with me, after I have subjected my duan to the
disgrace of returning ineffectually, and of course myself to discredit, I shall
consider it as a wanton affront and indignity which I can never forgive; nor
will I grant her any conditions whatever, but leave her exposed to those
dangers which she has chosen to risk, rather than trust to the clemency and
generosity of our government. I think she cannot be ignorant of these
consequences, and will not venture to incur them; and it is for this reason I
Page 410
place a dependence on her offers, and have consented to send my duan to
her." The dreadful secret hinted at by the merciful Governor in the latter
part of the letter is well understood in India, where those who suffer
corporeal indignities generally expiate the offences of others with their own
blood. However, in spite of all these, the temper of the military did, some
way or other, operate. They came to terms which have never been
transmitted. It appears that a fifteenth per cent of the plunder was reserved
to the captives, of which the unhappy mother of the Prince of Benares was
to have a share. This ancient matron, born to better things [A laugh from
certain young gentlemen]—I see no cause for this mirth. A good author of
antiquity reckons among the calamities of his time "nobilissimarum
fæminarum exilia et fugas." I say, Sir, this ancient lady was compelled to
quit her house, with three hundred helpless women and a multitude of
children in her train. But the lower sort in the camp, it seems, could not be
restrained. They did not forget the good lessons of the Governor-General.
They were unwilling "to be defrauded of a considerable part of their booty
by suffering them to pass without examination."—They examined them,
Sir, with a vengeance; and the sacred protection of that awful character, Mr.
Hastings's maître d'hôtel, could not secure them from insult and plunder.
Here is Popham's narrative of the affair:—
"The Ranny came out of the fort, with her family and dependants, the
tenth, at night, owing to which such attention was not paid to her as I
wished; and I am exceedingly sorry to inform you that the licentiousness of
our followers was beyond the bounds of control; for, notwithstanding all I
could do, her people were plundered on the road of most of the things which
they brought out of the fort, by which means one of the articles of surrender
has been much infringed. The distress I have felt upon this occasion cannot
be expressed, and can only be allayed by a firm performance of the other
articles of the treaty, which I shall make it my business to enforce.—The
suspicions which the officers had of treachery, and the delay made to our
her." The dreadful secret hinted at by the merciful Governor in the latter
part of the letter is well understood in India, where those who suffer
corporeal indignities generally expiate the offences of others with their own
blood. However, in spite of all these, the temper of the military did, some
way or other, operate. They came to terms which have never been
transmitted. It appears that a fifteenth per cent of the plunder was reserved
to the captives, of which the unhappy mother of the Prince of Benares was
to have a share. This ancient matron, born to better things [A laugh from
certain young gentlemen]—I see no cause for this mirth. A good author of
antiquity reckons among the calamities of his time "nobilissimarum
fæminarum exilia et fugas." I say, Sir, this ancient lady was compelled to
quit her house, with three hundred helpless women and a multitude of
children in her train. But the lower sort in the camp, it seems, could not be
restrained. They did not forget the good lessons of the Governor-General.
They were unwilling "to be defrauded of a considerable part of their booty
by suffering them to pass without examination."—They examined them,
Sir, with a vengeance; and the sacred protection of that awful character, Mr.
Hastings's maître d'hôtel, could not secure them from insult and plunder.
Here is Popham's narrative of the affair:—
"The Ranny came out of the fort, with her family and dependants, the
tenth, at night, owing to which such attention was not paid to her as I
wished; and I am exceedingly sorry to inform you that the licentiousness of
our followers was beyond the bounds of control; for, notwithstanding all I
could do, her people were plundered on the road of most of the things which
they brought out of the fort, by which means one of the articles of surrender
has been much infringed. The distress I have felt upon this occasion cannot
be expressed, and can only be allayed by a firm performance of the other
articles of the treaty, which I shall make it my business to enforce.—The
suspicions which the officers had of treachery, and the delay made to our
Page 411
getting possession, had enraged them, as well as the troops, so much, that
the treaty was at first regarded as void; but this determination was soon
succeeded by pity and compassion for the unfortunate besieged."—After
this comes, in his due order, Mr. Hastings; who is full of sorrow and
indignation, &c., &c., &c., according to the best and most authentic
precedents established upon such occasions.
The women being thus disposed of, that is, completely despoiled, and
pathetically lamented, Mr. Hastings at length recollected the great object of
his enterprise, which, during his zeal lest the officers and soldiers should
lose any part of their reward, he seems to have forgot,—that is to say, "to
draw from the Rajah's guilt the means of relief to the Company's
distresses." This was to be the stronghold of his defence. This compassion
to the Company, he knew by experience, would sanctify a great deal of
rigor towards the natives. But the military had distresses of their own,
which they considered first. Neither Mr. Hastings's authority, nor his
supplications, could prevail on them to assign a shilling to the claim he
made on the part of the Company. They divided the booty amongst
themselves. Driven from his claim, he was reduced to petition for the spoil
as a loan. But the soldiers were too wise to venture as a loan what the
borrower claimed as a right. In defiance of all authority, they shared among
themselves about two hundred thousand pounds sterling, besides what had
been taken from the women.
In all this there is nothing wonderful. We may rest assured, that, when the
maxims of any government establish among its resources extraordinary
means, and those exerted with a strong hand, that strong hand will provide
those extraordinary means for itself. Whether the soldiers had reason or not,
(perhaps much might be said for them,) certain it is, the military discipline
of India was ruined from that moment; and the same rage for plunder, the
same contempt of subordination, which blasted all the hopes of
the treaty was at first regarded as void; but this determination was soon
succeeded by pity and compassion for the unfortunate besieged."—After
this comes, in his due order, Mr. Hastings; who is full of sorrow and
indignation, &c., &c., &c., according to the best and most authentic
precedents established upon such occasions.
The women being thus disposed of, that is, completely despoiled, and
pathetically lamented, Mr. Hastings at length recollected the great object of
his enterprise, which, during his zeal lest the officers and soldiers should
lose any part of their reward, he seems to have forgot,—that is to say, "to
draw from the Rajah's guilt the means of relief to the Company's
distresses." This was to be the stronghold of his defence. This compassion
to the Company, he knew by experience, would sanctify a great deal of
rigor towards the natives. But the military had distresses of their own,
which they considered first. Neither Mr. Hastings's authority, nor his
supplications, could prevail on them to assign a shilling to the claim he
made on the part of the Company. They divided the booty amongst
themselves. Driven from his claim, he was reduced to petition for the spoil
as a loan. But the soldiers were too wise to venture as a loan what the
borrower claimed as a right. In defiance of all authority, they shared among
themselves about two hundred thousand pounds sterling, besides what had
been taken from the women.
In all this there is nothing wonderful. We may rest assured, that, when the
maxims of any government establish among its resources extraordinary
means, and those exerted with a strong hand, that strong hand will provide
those extraordinary means for itself. Whether the soldiers had reason or not,
(perhaps much might be said for them,) certain it is, the military discipline
of India was ruined from that moment; and the same rage for plunder, the
same contempt of subordination, which blasted all the hopes of
Page 412
extraordinary means from your strong hand at Benares, have very lately lost
you an army in Mysore. This is visible enough from the accounts in the last
gazette.
There is no doubt but that the country and city of Benares, now brought
into the same order, will very soon exhibit, if it does not already display, the
same appearance with those countries and cities which are under better
subjection. A great master, Mr. Hastings, has himself been at the pains of
drawing a picture of one of these countries: I mean the province and city of
Furruckabad. There is no reason to question his knowledge of the facts; and
his authority (on this point at least) is above all exception, as well for the
state of the country as for the cause. In his minute of consultation, Mr.
Hastings describes forcibly the consequences which arise from the
degradation into which we have sunk the native government. "The total
want (says he) of all order, regularity, or authority, in his (the Nabob of
Furruckabad's) government, and to which, among other obvious causes, it
may no doubt be owing that the country of Furruckabad is become almost
an entire waste, without cultivation or inhabitants,—that the capital, which
but a very short time ago was distinguished as one of the most populous and
opulent commercial cities in Hindostan, at present exhibits nothing but
scenes of the most wretched poverty, desolation, and misery,—and that the
Nabob himself, though in the possession of a tract of country which, with
only common care, is notoriously capable of yielding an annual revenue of
between thirty and forty lacs, (three or four hundred thousand pounds,) with
no military establishment to maintain, scarcely commands the means of a
bare subsistence."
This is a true and unexaggerated picture, not only of Furruckabad, but of
at least three fourths of the country which we possess, or rather lay waste,
in India. Now, Sir, the House will be desirous to know for what purpose this
picture was drawn. It was for a purpose, I will not say laudable, but
you an army in Mysore. This is visible enough from the accounts in the last
gazette.
There is no doubt but that the country and city of Benares, now brought
into the same order, will very soon exhibit, if it does not already display, the
same appearance with those countries and cities which are under better
subjection. A great master, Mr. Hastings, has himself been at the pains of
drawing a picture of one of these countries: I mean the province and city of
Furruckabad. There is no reason to question his knowledge of the facts; and
his authority (on this point at least) is above all exception, as well for the
state of the country as for the cause. In his minute of consultation, Mr.
Hastings describes forcibly the consequences which arise from the
degradation into which we have sunk the native government. "The total
want (says he) of all order, regularity, or authority, in his (the Nabob of
Furruckabad's) government, and to which, among other obvious causes, it
may no doubt be owing that the country of Furruckabad is become almost
an entire waste, without cultivation or inhabitants,—that the capital, which
but a very short time ago was distinguished as one of the most populous and
opulent commercial cities in Hindostan, at present exhibits nothing but
scenes of the most wretched poverty, desolation, and misery,—and that the
Nabob himself, though in the possession of a tract of country which, with
only common care, is notoriously capable of yielding an annual revenue of
between thirty and forty lacs, (three or four hundred thousand pounds,) with
no military establishment to maintain, scarcely commands the means of a
bare subsistence."
This is a true and unexaggerated picture, not only of Furruckabad, but of
at least three fourths of the country which we possess, or rather lay waste,
in India. Now, Sir, the House will be desirous to know for what purpose this
picture was drawn. It was for a purpose, I will not say laudable, but
Page 413
necessary: that of taking the unfortunate prince and his country out of the
hands of a sequestrator sent thither by the Nabob of Oude, the mortal
enemy of the prince thus ruined, and to protect him by means of a British
resident, who might carry his complaints to the superior resident at Oude, or
transmit them to Calcutta. But mark how the reformer persisted in his
reformation. The effect of the measure was better than was probably
expected. The prince began to be at ease; the country began to recover; and
the revenue began to be collected. These were alarming circumstances. Mr.
Hastings not only recalled the resident, but he entered into a formal
stipulation with the Nabob of Oude never to send an English subject again
to Furruckabad; and thus the country, described as you have heard by Mr.
Hastings, is given up forever to the very persons to whom he had attributed
its ruin,—that is, to the sezawals or sequestrators of the Nabob of Oude.
Such was the issue of the first attempt to relieve the distresses of the
dependent provinces. I shall close what I have to say on the condition of the
northern dependencies with the effect of the last of these attempts. You will
recollect, Sir, the account I have not long ago stated to you, as given by Mr.
Hastings, of the ruined condition of the destroyer of others, the Nabob of
Oude, and of the recall, in consequence, of Hannay, Middleton, and
Johnson. When the first little sudden gust of passion against these
gentlemen was spent, the sentiments of old friendship began to revive.
Some healing conferences were held between them and the superior
government. Mr. Hannay was permitted to return to Oude; but death
prevented the further advantages intended for him, and the future benefits
proposed for the country by the provident cars of the Council-General.
One of these gentlemen was accused of the grossest peculations; two of
them by Mr. Hastings himself, of what he considered as very gross
offences. The Court of Directors were informed, by the Governor-General
and Council, that a severe inquiry would be instituted against the two
hands of a sequestrator sent thither by the Nabob of Oude, the mortal
enemy of the prince thus ruined, and to protect him by means of a British
resident, who might carry his complaints to the superior resident at Oude, or
transmit them to Calcutta. But mark how the reformer persisted in his
reformation. The effect of the measure was better than was probably
expected. The prince began to be at ease; the country began to recover; and
the revenue began to be collected. These were alarming circumstances. Mr.
Hastings not only recalled the resident, but he entered into a formal
stipulation with the Nabob of Oude never to send an English subject again
to Furruckabad; and thus the country, described as you have heard by Mr.
Hastings, is given up forever to the very persons to whom he had attributed
its ruin,—that is, to the sezawals or sequestrators of the Nabob of Oude.
Such was the issue of the first attempt to relieve the distresses of the
dependent provinces. I shall close what I have to say on the condition of the
northern dependencies with the effect of the last of these attempts. You will
recollect, Sir, the account I have not long ago stated to you, as given by Mr.
Hastings, of the ruined condition of the destroyer of others, the Nabob of
Oude, and of the recall, in consequence, of Hannay, Middleton, and
Johnson. When the first little sudden gust of passion against these
gentlemen was spent, the sentiments of old friendship began to revive.
Some healing conferences were held between them and the superior
government. Mr. Hannay was permitted to return to Oude; but death
prevented the further advantages intended for him, and the future benefits
proposed for the country by the provident cars of the Council-General.
One of these gentlemen was accused of the grossest peculations; two of
them by Mr. Hastings himself, of what he considered as very gross
offences. The Court of Directors were informed, by the Governor-General
and Council, that a severe inquiry would be instituted against the two
Page 414
survivors; and they requested that court to suspend its judgment, and to wait
the event of their proceedings. A mock inquiry has been instituted, by which
the parties could not be said to be either acquitted or condemned. By means
of the bland and conciliatory dispositions of the charter-governors, and
proper private explanations, the public inquiry has in effect died away; the
supposed peculators and destroyers of Oude repose in all security in the
bosoms of their accusers; whilst others succeed to them to be instructed by
their example.
It is only to complete the view I proposed of the conduct of the Company
with regard to the dependent provinces, that I shall say any thing at all of
the Carnatic, which is the scene, if possible, of greater disorder than the
northern provinces. Perhaps it were better to say of this centre and
metropolis of abuse, whence all the rest in India and in England diverge,
from whence they are fed and methodized, what was said of Carthage,
—"De Carthagine satius est silere quam parum dicere." This country, in all
its denominations, is about 46,000 square miles. It may be affirmed
universally, that not one person of substance or property, landed,
commercial, or moneyed, excepting two or three bankers, who are
necessary deposits and distributors of the general spoil, is left in all that
region. In that country, the moisture, the bounty of Heaven, is given but at a
certain season. Before the era of our influence, the industry of man
carefully husbanded that gift of God. The Gentoos preserved, with a
provident and religious care, the precious deposit of the periodical rain in
reservoirs, many of them works of royal grandeur; and from these, as
occasion demanded, they fructified the whole country. To maintain these
reservoirs, and to keep up an annual advance to the cultivators for seed and
cattle, formed a principal object of the piety and policy of the priests and
rulers of the Gentoo religion.
the event of their proceedings. A mock inquiry has been instituted, by which
the parties could not be said to be either acquitted or condemned. By means
of the bland and conciliatory dispositions of the charter-governors, and
proper private explanations, the public inquiry has in effect died away; the
supposed peculators and destroyers of Oude repose in all security in the
bosoms of their accusers; whilst others succeed to them to be instructed by
their example.
It is only to complete the view I proposed of the conduct of the Company
with regard to the dependent provinces, that I shall say any thing at all of
the Carnatic, which is the scene, if possible, of greater disorder than the
northern provinces. Perhaps it were better to say of this centre and
metropolis of abuse, whence all the rest in India and in England diverge,
from whence they are fed and methodized, what was said of Carthage,
—"De Carthagine satius est silere quam parum dicere." This country, in all
its denominations, is about 46,000 square miles. It may be affirmed
universally, that not one person of substance or property, landed,
commercial, or moneyed, excepting two or three bankers, who are
necessary deposits and distributors of the general spoil, is left in all that
region. In that country, the moisture, the bounty of Heaven, is given but at a
certain season. Before the era of our influence, the industry of man
carefully husbanded that gift of God. The Gentoos preserved, with a
provident and religious care, the precious deposit of the periodical rain in
reservoirs, many of them works of royal grandeur; and from these, as
occasion demanded, they fructified the whole country. To maintain these
reservoirs, and to keep up an annual advance to the cultivators for seed and
cattle, formed a principal object of the piety and policy of the priests and
rulers of the Gentoo religion.
Page 415
This object required a command of money; and there was no pollam, or
castle, which in the happy days of the Carnatic was without some hoard of
treasure, by which the governors were enabled to combat with the
irregularity of the seasons, and to resist or to buy off the invasion of an
enemy. In all the cities were multitudes of merchants and bankers, for all
occasions of moneyed assistance; and on the other hand, the native princes
were in condition to obtain credit from them. The manufacturer was paid by
the return of commodities, or by imported money, and not, as at present, in
the taxes that had been originally exacted from his industry. In aid of casual
distress, the country was full of choultries, which were inns and hospitals,
where the traveller and the poor were relieved. All ranks of people had their
place in the public concern, and their share in the common stock and
common prosperity. But the chartered rights of men, and the right which it
was thought proper to set up in the Nabob of Arcot, introduced a new
system. It was their policy to consider hoards of money as crimes,—to
regard moderate rents as frauds on the sovereign,—and to view, in the
lesser princes, any claim of exemption from more than settled tribute as an
act of rebellion. Accordingly, all the castles were, one after the other,
plundered and destroyed; the native princes were expelled; the hospitals fell
to ruin; the reservoirs of water went to decay; the merchants, bankers, and
manufacturers disappeared; and sterility, indigence, and depopulation
overspread the face of these once flourishing provinces.
castle, which in the happy days of the Carnatic was without some hoard of
treasure, by which the governors were enabled to combat with the
irregularity of the seasons, and to resist or to buy off the invasion of an
enemy. In all the cities were multitudes of merchants and bankers, for all
occasions of moneyed assistance; and on the other hand, the native princes
were in condition to obtain credit from them. The manufacturer was paid by
the return of commodities, or by imported money, and not, as at present, in
the taxes that had been originally exacted from his industry. In aid of casual
distress, the country was full of choultries, which were inns and hospitals,
where the traveller and the poor were relieved. All ranks of people had their
place in the public concern, and their share in the common stock and
common prosperity. But the chartered rights of men, and the right which it
was thought proper to set up in the Nabob of Arcot, introduced a new
system. It was their policy to consider hoards of money as crimes,—to
regard moderate rents as frauds on the sovereign,—and to view, in the
lesser princes, any claim of exemption from more than settled tribute as an
act of rebellion. Accordingly, all the castles were, one after the other,
plundered and destroyed; the native princes were expelled; the hospitals fell
to ruin; the reservoirs of water went to decay; the merchants, bankers, and
manufacturers disappeared; and sterility, indigence, and depopulation
overspread the face of these once flourishing provinces.
Page 416
The Company was very early sensible of these mischiefs, and of their
true cause. They gave precise orders, "that the native princes, called
polygars, should not be extirpated." "The rebellion" (so they choose to call
it) "of the polygars may, they fear, with, too much justice, be attributed to
the maladministration of the Nabob's collectors." "They observe with
concern, that their troops have been put to disagreeable services." They
might have used a stronger expression without impropriety. But they make
amends in another place. Speaking of the polygars, the Directors say that "it
was repugnant to humanity to force them to such dreadful extremities as
they underwent"; that some examples of severity might be necessary, "when
they fell into the Nabob's hands," and not by the destruction of the country;
"that they fear his government is none of the mildest, and that there is great
oppression in collecting his revenues." They state, that the wars in which he
has involved the Carnatic had been a cause of its distresses; "that those
distresses have been certainly great, but those by the Nabob's oppressions
they believe to be greater than all." Pray, Sir, attend to the reason for their
opinion that the government of this their instrument is more calamitous to
the country than the ravages of war:—Because, say they, his oppressions
are "without intermission; the others are temporary;—by all which
oppressions we believe the Nabob has great wealth in store." From this
store neither he nor they could derive any advantage whatsoever, upon the
invasion of Hyder Ali, in the hour of their greatest calamity and dismay.
It is now proper to compare these declarations with the Company's
conduct. The principal reason which they assigned against the extirpation of
the polygars was, that the weavers were protected in their fortresses. They
might have added, that the Company itself, which stung them to death, had
been warmed in the bosom of these unfortunate princes: for, on the taking
of Madras by the French, it was in their hospitable pollams that most of the
inhabitants found refuge and protection. But notwithstanding all these
true cause. They gave precise orders, "that the native princes, called
polygars, should not be extirpated." "The rebellion" (so they choose to call
it) "of the polygars may, they fear, with, too much justice, be attributed to
the maladministration of the Nabob's collectors." "They observe with
concern, that their troops have been put to disagreeable services." They
might have used a stronger expression without impropriety. But they make
amends in another place. Speaking of the polygars, the Directors say that "it
was repugnant to humanity to force them to such dreadful extremities as
they underwent"; that some examples of severity might be necessary, "when
they fell into the Nabob's hands," and not by the destruction of the country;
"that they fear his government is none of the mildest, and that there is great
oppression in collecting his revenues." They state, that the wars in which he
has involved the Carnatic had been a cause of its distresses; "that those
distresses have been certainly great, but those by the Nabob's oppressions
they believe to be greater than all." Pray, Sir, attend to the reason for their
opinion that the government of this their instrument is more calamitous to
the country than the ravages of war:—Because, say they, his oppressions
are "without intermission; the others are temporary;—by all which
oppressions we believe the Nabob has great wealth in store." From this
store neither he nor they could derive any advantage whatsoever, upon the
invasion of Hyder Ali, in the hour of their greatest calamity and dismay.
It is now proper to compare these declarations with the Company's
conduct. The principal reason which they assigned against the extirpation of
the polygars was, that the weavers were protected in their fortresses. They
might have added, that the Company itself, which stung them to death, had
been warmed in the bosom of these unfortunate princes: for, on the taking
of Madras by the French, it was in their hospitable pollams that most of the
inhabitants found refuge and protection. But notwithstanding all these
Page 417
orders, reasons, and declarations, they at length gave an indirect sanction,
and permitted the use of a very direct and irresistible force, to measures
which they had over and over again declared to be false policy, cruel,
inhuman, and oppressive. Having, however, forgot all attention to the
princes and the people, they remembered that they had some sort of interest
in the trade of the country; and it is matter of curiosity to observe the
protection which they afforded to this their natural object.
Full of anxious cares on this head, they direct, "that, in reducing the
polygars, they [their servants] were to be cautious not to deprive the
weavers and manufacturers of the protection they often met with in the
strongholds of the polygar countries"; and they write to their instrument, the
Nabob of Arcot, concerning these poor people in a most pathetic strain. "We
entreat your Excellency," (say they,) "in particular, to make the
manufacturers the object of your tenderest care; particularly when you root
out the polygars, you do not deprive the weavers of the protection they
enjoyed under them." When they root out the protectors in favor of the
oppressor, they show themselves religiously cautious of the rights of the
protected. When they extirpate the shepherd and the shepherd's dog, they
piously recommend the helpless flock to the mercy, and even to the
tenderest care, of the wolf. This is the uniform strain of their policy,—
strictly forbidding, and at the same time strenuously encouraging and
enforcing, every measure that can ruin and desolate the country committed
to their charge. After giving the Company's idea of the government of this
their instrument, it may appear singular, but it is perfectly consistent with
their system, that, besides wasting for him, at two different times, the most
exquisite spot upon the earth, Tanjore, and all the adjacent countries, they
have even voluntarily put their own territory, that is, a large and fine
country adjacent to Madras, called their jaghire, wholly out of their
protection,—and have continued to farm their subjects, and their duties
towards these subjects, to that very Nabob whom they themselves
and permitted the use of a very direct and irresistible force, to measures
which they had over and over again declared to be false policy, cruel,
inhuman, and oppressive. Having, however, forgot all attention to the
princes and the people, they remembered that they had some sort of interest
in the trade of the country; and it is matter of curiosity to observe the
protection which they afforded to this their natural object.
Full of anxious cares on this head, they direct, "that, in reducing the
polygars, they [their servants] were to be cautious not to deprive the
weavers and manufacturers of the protection they often met with in the
strongholds of the polygar countries"; and they write to their instrument, the
Nabob of Arcot, concerning these poor people in a most pathetic strain. "We
entreat your Excellency," (say they,) "in particular, to make the
manufacturers the object of your tenderest care; particularly when you root
out the polygars, you do not deprive the weavers of the protection they
enjoyed under them." When they root out the protectors in favor of the
oppressor, they show themselves religiously cautious of the rights of the
protected. When they extirpate the shepherd and the shepherd's dog, they
piously recommend the helpless flock to the mercy, and even to the
tenderest care, of the wolf. This is the uniform strain of their policy,—
strictly forbidding, and at the same time strenuously encouraging and
enforcing, every measure that can ruin and desolate the country committed
to their charge. After giving the Company's idea of the government of this
their instrument, it may appear singular, but it is perfectly consistent with
their system, that, besides wasting for him, at two different times, the most
exquisite spot upon the earth, Tanjore, and all the adjacent countries, they
have even voluntarily put their own territory, that is, a large and fine
country adjacent to Madras, called their jaghire, wholly out of their
protection,—and have continued to farm their subjects, and their duties
towards these subjects, to that very Nabob whom they themselves
Page 418
constantly represent as an habitual oppressor and a relentless tyrant. This
they have done without any pretence of ignorance of the objects of
oppression for which this prince has thought fit to become their renter; for
he has again and again told them that it is for the sole purpose of exercising
authority he holds the jaghire lands; and he affirms (and I believe with
truth) that he pays more for that territory than the revenues yield. This
deficiency he must make up from his other territories; and thus, in order to
furnish the means of oppressing one part of the Carnatic, he is led to
oppress all the rest.
The House perceives that the livery of the Company's government is
uniform. I have described the condition of the countries indirectly, but most
substantially, under the Company's authority. And now I ask, whether, with
this map of misgovernment before me, I can suppose myself bound by my
vote to continue, upon any principles of pretended public faith, the
management of these countries in those hands. If I kept such a faith (which
in reality is no better than a fides latronum) with what is called the
Company, I must break the faith, the covenant, the solemn, original,
indispensable oath, in which I am bound, by the eternal frame and
constitution of things, to the whole human race.
As I have dwelt so long on these who are indirectly under the Company's
administration, I will endeavor to be a little shorter upon the countries
immediately under this charter-government. These are the Bengal
provinces. The condition of these provinces is pretty fully detailed in the
Sixth and Ninth Reports, and in their Appendixes. I will select only such
principles and instances as are broad and general. To your own thoughts I
shall leave it to furnish the detail of oppressions involved in them. I shall
state to you, as shortly as I am able, the conduct of the Company:—1st,
towards the landed interests;—next, the commercial interests;—3rdly, the
native government;—and lastly, to their own government.
they have done without any pretence of ignorance of the objects of
oppression for which this prince has thought fit to become their renter; for
he has again and again told them that it is for the sole purpose of exercising
authority he holds the jaghire lands; and he affirms (and I believe with
truth) that he pays more for that territory than the revenues yield. This
deficiency he must make up from his other territories; and thus, in order to
furnish the means of oppressing one part of the Carnatic, he is led to
oppress all the rest.
The House perceives that the livery of the Company's government is
uniform. I have described the condition of the countries indirectly, but most
substantially, under the Company's authority. And now I ask, whether, with
this map of misgovernment before me, I can suppose myself bound by my
vote to continue, upon any principles of pretended public faith, the
management of these countries in those hands. If I kept such a faith (which
in reality is no better than a fides latronum) with what is called the
Company, I must break the faith, the covenant, the solemn, original,
indispensable oath, in which I am bound, by the eternal frame and
constitution of things, to the whole human race.
As I have dwelt so long on these who are indirectly under the Company's
administration, I will endeavor to be a little shorter upon the countries
immediately under this charter-government. These are the Bengal
provinces. The condition of these provinces is pretty fully detailed in the
Sixth and Ninth Reports, and in their Appendixes. I will select only such
principles and instances as are broad and general. To your own thoughts I
shall leave it to furnish the detail of oppressions involved in them. I shall
state to you, as shortly as I am able, the conduct of the Company:—1st,
towards the landed interests;—next, the commercial interests;—3rdly, the
native government;—and lastly, to their own government.
Page 419
Bengal, and the provinces that are united to it, are larger than the
kingdom of France, and once contained, as France does contain, a great and
independent landed interest, composed of princes, of great lords, of a
numerous nobility and gentry, of freeholders, of lower tenants, of religious
communities, and public foundations. So early as 1769, the Company's
servants perceived the decay into which these provinces had fallen under
English administration, and they made a strong representation upon this
decay, and what they apprehended to be the causes of it. Soon after this
representation, Mr. Hastings became President of Bengal. Instead of
administering a remedy to this melancholy disorder, upon the heels of a
dreadful famine, in the year 1772, the succor which the new President and
the Council lent to this afflicted nation was—shall I be believed in relating
it?—the landed interest of a whole kingdom, of a kingdom to be compared
to France, was set up to public auction! They set up (Mr. Hastings set up)
the whole nobility, gentry, and freeholders to the highest bidder. No
preference was given to the ancient proprietors. They must bid against
every usurer, every temporary adventurer, every jobber and schemer, every
servant of every European,—or they were obliged to content themselves, in
lieu of their extensive domains, with their house, and such a pension as the
state auctioneers thought fit to assign. In this general calamity, several of
the first nobility thought (and in all appearance justly) that they had better
submit to the necessity of this pension, than continue, under the name of
zemindars, the objects and instruments of a system by which they ruined
their tenants and were ruined themselves. Another reform has since come
upon the back of the first; and a pension having been assigned to these
unhappy persons, in lieu of their hereditary lands, a new scheme of
economy has taken place, and deprived them of that pension.
The menial servants of Englishmen, persons (to use the emphatical
phrase of a ruined and patient Eastern chief) "whose fathers they would not
have set with the dogs of their flock" entered into their patrimonial lands.
kingdom of France, and once contained, as France does contain, a great and
independent landed interest, composed of princes, of great lords, of a
numerous nobility and gentry, of freeholders, of lower tenants, of religious
communities, and public foundations. So early as 1769, the Company's
servants perceived the decay into which these provinces had fallen under
English administration, and they made a strong representation upon this
decay, and what they apprehended to be the causes of it. Soon after this
representation, Mr. Hastings became President of Bengal. Instead of
administering a remedy to this melancholy disorder, upon the heels of a
dreadful famine, in the year 1772, the succor which the new President and
the Council lent to this afflicted nation was—shall I be believed in relating
it?—the landed interest of a whole kingdom, of a kingdom to be compared
to France, was set up to public auction! They set up (Mr. Hastings set up)
the whole nobility, gentry, and freeholders to the highest bidder. No
preference was given to the ancient proprietors. They must bid against
every usurer, every temporary adventurer, every jobber and schemer, every
servant of every European,—or they were obliged to content themselves, in
lieu of their extensive domains, with their house, and such a pension as the
state auctioneers thought fit to assign. In this general calamity, several of
the first nobility thought (and in all appearance justly) that they had better
submit to the necessity of this pension, than continue, under the name of
zemindars, the objects and instruments of a system by which they ruined
their tenants and were ruined themselves. Another reform has since come
upon the back of the first; and a pension having been assigned to these
unhappy persons, in lieu of their hereditary lands, a new scheme of
economy has taken place, and deprived them of that pension.
The menial servants of Englishmen, persons (to use the emphatical
phrase of a ruined and patient Eastern chief) "whose fathers they would not
have set with the dogs of their flock" entered into their patrimonial lands.
Page 420
Mr. Hastings's banian was, after this auction, found possessed of territories
yielding a rent of one hundred and forty thousand pounds a year.
Such an universal proscription, upon any pretence, has few examples.
Such a proscription, without even a pretence of delinquency, has none. It
stands by itself. It stands as a monument to astonish the imagination, to
confound the reason of mankind. I confess to you, when I first came to
know this business in its true nature and extent, my surprise did a little
suspend my indignation. I was in a manner stupefied by the desperate
boldness of a few obscure young men, who, having obtained, by ways
which they could not comprehend, a power of which they saw neither the
purposes nor the limits, tossed about, subverted, and tore to pieces, as if it
were in the gambols of a boyish unluckiness and malice, the most
established rights, and the most ancient and most revered institutions, of
ages and nations. Sir, I will not now trouble you with any detail with regard
to what they have since done with these same lands and landholders, only to
inform you that nothing has been suffered to settle for two seasons together
upon any basis, and that the levity and inconstancy of these mock
legislators were not the least afflicting parts of the oppressions suffered
under their usurpation; nor will anything give stability to the property of the
natives, but an administration in England at once protecting and stable. The
country sustains, almost every year, the miseries of a revolution. At present,
all is uncertainty, misery, and confusion. There is to be found through these
vast regions no longer one landed man who is a resource for voluntary aid
or an object for particular rapine. Some of them were not long since great
princes; they possessed treasures, they levied armies. There was a zemindar
in Bengal, (I forget his name,) that, on the threat of an invasion, supplied
the subah of these provinces with the loan of a million sterling. The family
at this day wants credit for a breakfast at the bazaar.
yielding a rent of one hundred and forty thousand pounds a year.
Such an universal proscription, upon any pretence, has few examples.
Such a proscription, without even a pretence of delinquency, has none. It
stands by itself. It stands as a monument to astonish the imagination, to
confound the reason of mankind. I confess to you, when I first came to
know this business in its true nature and extent, my surprise did a little
suspend my indignation. I was in a manner stupefied by the desperate
boldness of a few obscure young men, who, having obtained, by ways
which they could not comprehend, a power of which they saw neither the
purposes nor the limits, tossed about, subverted, and tore to pieces, as if it
were in the gambols of a boyish unluckiness and malice, the most
established rights, and the most ancient and most revered institutions, of
ages and nations. Sir, I will not now trouble you with any detail with regard
to what they have since done with these same lands and landholders, only to
inform you that nothing has been suffered to settle for two seasons together
upon any basis, and that the levity and inconstancy of these mock
legislators were not the least afflicting parts of the oppressions suffered
under their usurpation; nor will anything give stability to the property of the
natives, but an administration in England at once protecting and stable. The
country sustains, almost every year, the miseries of a revolution. At present,
all is uncertainty, misery, and confusion. There is to be found through these
vast regions no longer one landed man who is a resource for voluntary aid
or an object for particular rapine. Some of them were not long since great
princes; they possessed treasures, they levied armies. There was a zemindar
in Bengal, (I forget his name,) that, on the threat of an invasion, supplied
the subah of these provinces with the loan of a million sterling. The family
at this day wants credit for a breakfast at the bazaar.
Page 421
I shall now say a word or two on the Company's care of the commercial
interest of those kingdoms. As it appears in the Reports that persons in the
highest stations in Bengal have adopted, as a fixed plan of policy, the
destruction of all intermediate dealers between the Company and the
manufacturer, native merchants have disappeared of course. The spoil of the
revenues is the sole capital which purchases the produce and manufactures,
and through three or four foreign companies transmits the official gains of
individuals to Europe. No other commerce has an existence in Bengal. The
transport of its plunder is the only traffic of the country. I wish to refer you
to the Appendix to the Ninth Report for a full account of the manner in
which the Company have protected the commercial interests of their
dominions in the East.
As to the native government and the administration of justice, it subsisted
in a poor, tottering manner for some years. In the year 1781 a total
revolution took place in that establishment. In one of the usual freaks of
legislation of the Council of Bengal, the whole criminal jurisdiction of these
courts, called the Phoujdary Judicature, exercised till then by the principal
Mussulmen, was in one day, without notice, without consultation with the
magistrates or the people there, and without communication with the
Directors or Ministers here, totally subverted. A new institution took place,
by which this jurisdiction was divided between certain English servants of
the Company and the Gentoo zemindars of the country, the latter of whom
never petitioned for it, nor, for aught that appears, ever desired this boon.
But its natural use was made of it: it was made a pretence for new
extortions of money.
The natives had, however, one consolation in the ruin of their judicature:
they soon saw that it fared no better with the English government itself.
That, too, after destroying every other, came to its period. This revolution
may well be rated for a most daring act, even among the extraordinary
interest of those kingdoms. As it appears in the Reports that persons in the
highest stations in Bengal have adopted, as a fixed plan of policy, the
destruction of all intermediate dealers between the Company and the
manufacturer, native merchants have disappeared of course. The spoil of the
revenues is the sole capital which purchases the produce and manufactures,
and through three or four foreign companies transmits the official gains of
individuals to Europe. No other commerce has an existence in Bengal. The
transport of its plunder is the only traffic of the country. I wish to refer you
to the Appendix to the Ninth Report for a full account of the manner in
which the Company have protected the commercial interests of their
dominions in the East.
As to the native government and the administration of justice, it subsisted
in a poor, tottering manner for some years. In the year 1781 a total
revolution took place in that establishment. In one of the usual freaks of
legislation of the Council of Bengal, the whole criminal jurisdiction of these
courts, called the Phoujdary Judicature, exercised till then by the principal
Mussulmen, was in one day, without notice, without consultation with the
magistrates or the people there, and without communication with the
Directors or Ministers here, totally subverted. A new institution took place,
by which this jurisdiction was divided between certain English servants of
the Company and the Gentoo zemindars of the country, the latter of whom
never petitioned for it, nor, for aught that appears, ever desired this boon.
But its natural use was made of it: it was made a pretence for new
extortions of money.
The natives had, however, one consolation in the ruin of their judicature:
they soon saw that it fared no better with the English government itself.
That, too, after destroying every other, came to its period. This revolution
may well be rated for a most daring act, even among the extraordinary
Page 422
things that have been doing in Bengal since our unhappy acquisition of the
means of so much mischief.
An establishment of English government for civil justice, and for the
collection of revenue, was planned and executed by the President and
Council of Bengal, subject to the pleasure of the Directors, in the year 1772.
According to this plan, the country was divided into six districts, or
provinces. In each of these was established a provincial council, which
administered the revenue; and of that council, one member, by monthly
rotation, presided in the courts of civil resort, with an appeal to the council
of the province, and thence to Calcutta. In this system (whether in other
respects good or evil) there were some capital advantages. There was, in the
very number of persons in each provincial council, authority,
communication, mutual check, and control. They were obliged, on their
minutes of consultation, to enter their reasons and dissents; so that a man of
diligence, of research, and tolerable sagacity, sitting in London, might, from
these materials, be enabled to form some judgment of the spirit of what was
going on on the furthest banks of the Ganges and Burrampooter.
The Court of Directors so far ratified this establishment, (which was
consonant enough to their general plan of government,) that they gave
precise orders that no alteration should be made in it without their consent.
So far from being apprised of any design against this constitution, they had
reason to conceive that on trial it had been more and more approved by
their Council-General, at least by the Governor-General, who had planned
it. At the time of the revolution, the Council-General was nominally in two
persons, virtually in one. At that time measures of an arduous and critical
nature ought to have been forborne, even if, to the fullest council, this
specific measure had not been prohibited by the superior authority. It was in
this very situation that one man had the hardiness to conceive and the
temerity to execute a total revolution in the form and the persons
means of so much mischief.
An establishment of English government for civil justice, and for the
collection of revenue, was planned and executed by the President and
Council of Bengal, subject to the pleasure of the Directors, in the year 1772.
According to this plan, the country was divided into six districts, or
provinces. In each of these was established a provincial council, which
administered the revenue; and of that council, one member, by monthly
rotation, presided in the courts of civil resort, with an appeal to the council
of the province, and thence to Calcutta. In this system (whether in other
respects good or evil) there were some capital advantages. There was, in the
very number of persons in each provincial council, authority,
communication, mutual check, and control. They were obliged, on their
minutes of consultation, to enter their reasons and dissents; so that a man of
diligence, of research, and tolerable sagacity, sitting in London, might, from
these materials, be enabled to form some judgment of the spirit of what was
going on on the furthest banks of the Ganges and Burrampooter.
The Court of Directors so far ratified this establishment, (which was
consonant enough to their general plan of government,) that they gave
precise orders that no alteration should be made in it without their consent.
So far from being apprised of any design against this constitution, they had
reason to conceive that on trial it had been more and more approved by
their Council-General, at least by the Governor-General, who had planned
it. At the time of the revolution, the Council-General was nominally in two
persons, virtually in one. At that time measures of an arduous and critical
nature ought to have been forborne, even if, to the fullest council, this
specific measure had not been prohibited by the superior authority. It was in
this very situation that one man had the hardiness to conceive and the
temerity to execute a total revolution in the form and the persons
Page 423
composing the government of a great kingdom. Without any previous step,
at one stroke, the whole constitution, of Bengal, civil and criminal, was
swept away. The counsellors were recalled from their provinces; upwards of
fifty of the principal officers of government were turned out of employ, and
rendered dependent on Mr. Hastings for their immediate subsistence, and
for all hope of future provision. The chief of each council, and one
European collector of revenue, was left in each province.
But here, Sir, you may imagine a new government, of some permanent
description, was established in the place of that which had been thus
suddenly overturned. No such thing. Lest these chiefs, without councils,
should be conceived to form the ground-plan of some future government, it
was publicly declared that their continuance was only temporary and
permissive. The whole subordinate British administration of revenue was
then vested in a committee in Calcutta, all creatures of the Governor-
General; and the provincial management, under the permissive chief, was
delivered over to native officers.
But that the revolution and the purposes of the revolution might be
complete, to this committee were delegated, not only the functions of all the
inferior, but, what will surprise the House, those of the supreme
administration of revenue also. Hitherto the Governor-General and Council
had, in their revenue department, administered the finances of those
kingdoms. By the new scheme they are delegated to this committee, who
are only to report their proceedings for approbation.
The key to the whole transaction is given in one of the instructions to the
committee,—"that it is not necessary that they should enter dissents." By
this means the ancient plan of the Company's administration was destroyed;
but the plan of concealment was perfected. To that moment the accounts of
the revenues were tolerably clear,—or at least means were furnished for
at one stroke, the whole constitution, of Bengal, civil and criminal, was
swept away. The counsellors were recalled from their provinces; upwards of
fifty of the principal officers of government were turned out of employ, and
rendered dependent on Mr. Hastings for their immediate subsistence, and
for all hope of future provision. The chief of each council, and one
European collector of revenue, was left in each province.
But here, Sir, you may imagine a new government, of some permanent
description, was established in the place of that which had been thus
suddenly overturned. No such thing. Lest these chiefs, without councils,
should be conceived to form the ground-plan of some future government, it
was publicly declared that their continuance was only temporary and
permissive. The whole subordinate British administration of revenue was
then vested in a committee in Calcutta, all creatures of the Governor-
General; and the provincial management, under the permissive chief, was
delivered over to native officers.
But that the revolution and the purposes of the revolution might be
complete, to this committee were delegated, not only the functions of all the
inferior, but, what will surprise the House, those of the supreme
administration of revenue also. Hitherto the Governor-General and Council
had, in their revenue department, administered the finances of those
kingdoms. By the new scheme they are delegated to this committee, who
are only to report their proceedings for approbation.
The key to the whole transaction is given in one of the instructions to the
committee,—"that it is not necessary that they should enter dissents." By
this means the ancient plan of the Company's administration was destroyed;
but the plan of concealment was perfected. To that moment the accounts of
the revenues were tolerably clear,—or at least means were furnished for
Page 424
inquiries, by which they might be rendered satisfactory. In the obscure and
silent gulf of this committee everything is now buried. The thickest shades
of night surround all their transactions. No effectual means of detecting
fraud, mismanagement, or misrepresentation exist. The Directors, who have
dared to talk with such confidence on their revenues, know nothing about
them. What used to fill volumes is now comprised under a few dry heads on
a sheet of paper. The natives, a people habitually made to concealment, are
the chief managers of the revenue throughout the provinces. I mean by
natives such wretches as your rulers select out of them as most fitted for
their purposes. As a proper keystone to bind the arch, a native, one Gunga
Govind Sing, a man turned out of his employment by Sir John Clavering for
malversation in office, is made the corresponding secretary, and, indeed, the
great moving principle of their new board.
As the whole revenue and civil administration was thus subverted, and a
clandestine government substituted in the place of it, the judicial institution
underwent a like revolution. In 1772 there had been six courts, formed out
of the six provincial councils. Eighteen new ones are appointed in their
place, with each a judge, taken from the junior servants of the Company. To
maintain these eighteen courts, a tax is levied on the sums in litigation, of
two and one half per cent on the great, and of five per cent on the less. This
money is all drawn from the provinces to Calcutta. The chief justice (the
same who stays in defiance of a vote of this House, and of his Majesty's
recall) is appointed at once the treasurer and disposer of these taxes, levied
without any sort of authority from the Company, from the Crown, or from
Parliament.
In effect, Sir, every legal, regular authority, in matters of revenue, of
political administration, of criminal law, of civil law, in many of the most
essential parts of military discipline, is laid level with the ground; and an
oppressive, irregular, capricious, unsteady, rapacious, and peculating
silent gulf of this committee everything is now buried. The thickest shades
of night surround all their transactions. No effectual means of detecting
fraud, mismanagement, or misrepresentation exist. The Directors, who have
dared to talk with such confidence on their revenues, know nothing about
them. What used to fill volumes is now comprised under a few dry heads on
a sheet of paper. The natives, a people habitually made to concealment, are
the chief managers of the revenue throughout the provinces. I mean by
natives such wretches as your rulers select out of them as most fitted for
their purposes. As a proper keystone to bind the arch, a native, one Gunga
Govind Sing, a man turned out of his employment by Sir John Clavering for
malversation in office, is made the corresponding secretary, and, indeed, the
great moving principle of their new board.
As the whole revenue and civil administration was thus subverted, and a
clandestine government substituted in the place of it, the judicial institution
underwent a like revolution. In 1772 there had been six courts, formed out
of the six provincial councils. Eighteen new ones are appointed in their
place, with each a judge, taken from the junior servants of the Company. To
maintain these eighteen courts, a tax is levied on the sums in litigation, of
two and one half per cent on the great, and of five per cent on the less. This
money is all drawn from the provinces to Calcutta. The chief justice (the
same who stays in defiance of a vote of this House, and of his Majesty's
recall) is appointed at once the treasurer and disposer of these taxes, levied
without any sort of authority from the Company, from the Crown, or from
Parliament.
In effect, Sir, every legal, regular authority, in matters of revenue, of
political administration, of criminal law, of civil law, in many of the most
essential parts of military discipline, is laid level with the ground; and an
oppressive, irregular, capricious, unsteady, rapacious, and peculating
Page 425
despotism, with a direct disavowal of obedience to any authority at home,
and without any fixed maxim, principle, or rule of proceeding to guide them
in India, is at present the state of your charter-government over great
kingdoms.
As the Company has made this use of their trust, I should ill discharge
mine, if I refused to give my most cheerful vote for the redress of these
abuses, by putting the affairs of so large and valuable a part of the interests
of this nation and of mankind into some steady hands, possessing the
confidence and assured of the support of this House, until they can be
restored to regularity, order, and consistency.
I have touched the heads of some of the grievances of the people and the
abuses of government. But I hope and trust you will give me credit, when I
faithfully assure you that I have not mentioned one fourth part of what has
come to my knowledge in your committee; and further, I have full reason to
believe that not one fourth part of the abuses are come to my knowledge, by
that or by any other means. Pray consider what I have said only as an index
to direct you in your inquiries.
If this, then, Sir, has been the use made of the trust of political powers,
internal and external, given by you in the charter, the next thing to be seen
is the conduct of the Company with regard to the commercial trust. And
here I will make a fair offer:—If it can be proved that they have acted
wisely, prudently, and frugally, as merchants, I shall pass by the whole mass
of their enormities as statesmen. That they have not done this their present
condition is proof sufficient. Their distresses are said to be owing to their
wars. This is not wholly true. But if it were, is not that readiness to engage
in wars, which distinguishes them, and for which the Committee of Secrecy
has so branded their politics, founded on the falsest principles of mercantile
speculation?
and without any fixed maxim, principle, or rule of proceeding to guide them
in India, is at present the state of your charter-government over great
kingdoms.
As the Company has made this use of their trust, I should ill discharge
mine, if I refused to give my most cheerful vote for the redress of these
abuses, by putting the affairs of so large and valuable a part of the interests
of this nation and of mankind into some steady hands, possessing the
confidence and assured of the support of this House, until they can be
restored to regularity, order, and consistency.
I have touched the heads of some of the grievances of the people and the
abuses of government. But I hope and trust you will give me credit, when I
faithfully assure you that I have not mentioned one fourth part of what has
come to my knowledge in your committee; and further, I have full reason to
believe that not one fourth part of the abuses are come to my knowledge, by
that or by any other means. Pray consider what I have said only as an index
to direct you in your inquiries.
If this, then, Sir, has been the use made of the trust of political powers,
internal and external, given by you in the charter, the next thing to be seen
is the conduct of the Company with regard to the commercial trust. And
here I will make a fair offer:—If it can be proved that they have acted
wisely, prudently, and frugally, as merchants, I shall pass by the whole mass
of their enormities as statesmen. That they have not done this their present
condition is proof sufficient. Their distresses are said to be owing to their
wars. This is not wholly true. But if it were, is not that readiness to engage
in wars, which distinguishes them, and for which the Committee of Secrecy
has so branded their politics, founded on the falsest principles of mercantile
speculation?
Page 426
The principle of buying cheap and selling dear is the first, the great
foundation of mercantile dealing. Have they ever attended to this principle?
Nay, for years have they not actually authorized in their servants a total
indifference as to the prices they were to pay?
A great deal of strictness in driving bargains for whatever we contract is
another of the principles of mercantile policy. Try the Company by that test.
Look at the contracts that are made for them. Is the Company so much as a
good commissary to their own armies? I engage to select for you, out of the
innumerable mass of their dealings, all conducted very nearly alike, one
contract only the excessive profits on which during a short term would pay
the whole of their year's dividend. I shall undertake to show that upon two
others the inordinate profits given, with the losses incurred in order to
secure those profits, would pay a year's dividend more.
It is a third property of trading-men to see that their clerks do not divert
the dealings of the master to their own benefit. It was the other day only,
when their Governor and Council taxed the Company's investment with a
sum of fifty thousand pounds, as an inducement to persuade only seven
members of their Board of Trade to give their honor that they would abstain
from such profits upon that investment, as they must have violated their
oaths, if they had made at all.
It is a fourth quality of a merchant to be exact in his accounts. What will
be thought, when you have fully before you the mode of accounting made
use of in the Treasury of Bengal? I hope you will have it soon. With regard
to one of their agencies, when it came to the material part, the prime cost of
the goods on which a commission of fifteen per cent was allowed, to the
astonishment of the factory to whom the commodities were sent, the
Accountant-General reports that he did not think himself authorized to call
for vouchers relative to this and other particulars,—because the agent was
foundation of mercantile dealing. Have they ever attended to this principle?
Nay, for years have they not actually authorized in their servants a total
indifference as to the prices they were to pay?
A great deal of strictness in driving bargains for whatever we contract is
another of the principles of mercantile policy. Try the Company by that test.
Look at the contracts that are made for them. Is the Company so much as a
good commissary to their own armies? I engage to select for you, out of the
innumerable mass of their dealings, all conducted very nearly alike, one
contract only the excessive profits on which during a short term would pay
the whole of their year's dividend. I shall undertake to show that upon two
others the inordinate profits given, with the losses incurred in order to
secure those profits, would pay a year's dividend more.
It is a third property of trading-men to see that their clerks do not divert
the dealings of the master to their own benefit. It was the other day only,
when their Governor and Council taxed the Company's investment with a
sum of fifty thousand pounds, as an inducement to persuade only seven
members of their Board of Trade to give their honor that they would abstain
from such profits upon that investment, as they must have violated their
oaths, if they had made at all.
It is a fourth quality of a merchant to be exact in his accounts. What will
be thought, when you have fully before you the mode of accounting made
use of in the Treasury of Bengal? I hope you will have it soon. With regard
to one of their agencies, when it came to the material part, the prime cost of
the goods on which a commission of fifteen per cent was allowed, to the
astonishment of the factory to whom the commodities were sent, the
Accountant-General reports that he did not think himself authorized to call
for vouchers relative to this and other particulars,—because the agent was
Page 427
upon his honor with regard to them. A new principle of account upon honor
seems to be regularly established in their dealings and their treasury, which
in reality amounts to an entire annihilation of the principle of all accounts.
It is a fifth property of a merchant, who does not meditate a fraudulent
bankruptcy, to calculate his probable profits upon the money he takes up to
vest in business. Did the Company, when they bought goods on bonds
bearing eight per cent interest, at ten and even twenty per cent discount,
even ask themselves a question concerning the possibility of advantage
from dealing on these terms?
The last quality of a merchant I shall advert to is the taking care to be
properly prepared, in cash or goods in the ordinary course of sale, for the
bills which are drawn on them. Now I ask, whether they have ever
calculated the clear produce of any given sales, to make them tally with the
four million of bills which are come and coming upon them, so as at the
proper periods to enable the one to liquidate the other. No, they have not.
They are now obliged to borrow money of their own servants to purchase
their investment. The servants stipulate five per cent on the capital they
advance, if their bills should not be paid at the time when they become due;
and the value of the rupee on which they charge this interest is taken at two
shillings and a penny. Has the Company ever troubled themselves to inquire
whether their sales can bear the payment of that interest, and at that rate of
exchange? Have they once considered the dilemma in which they are
placed,—the ruin of their credit in the East Indies, if they refuse the bills,—
the ruin of their credit and existence in England, if they accept them?
Indeed, no trace of equitable government is found in their politics, not
one trace of commercial principle in their mercantile dealing: and hence is
the deepest and maturest wisdom of Parliament demanded, and the best
resources of this kingdom must be strained, to restore them,—that is, to
seems to be regularly established in their dealings and their treasury, which
in reality amounts to an entire annihilation of the principle of all accounts.
It is a fifth property of a merchant, who does not meditate a fraudulent
bankruptcy, to calculate his probable profits upon the money he takes up to
vest in business. Did the Company, when they bought goods on bonds
bearing eight per cent interest, at ten and even twenty per cent discount,
even ask themselves a question concerning the possibility of advantage
from dealing on these terms?
The last quality of a merchant I shall advert to is the taking care to be
properly prepared, in cash or goods in the ordinary course of sale, for the
bills which are drawn on them. Now I ask, whether they have ever
calculated the clear produce of any given sales, to make them tally with the
four million of bills which are come and coming upon them, so as at the
proper periods to enable the one to liquidate the other. No, they have not.
They are now obliged to borrow money of their own servants to purchase
their investment. The servants stipulate five per cent on the capital they
advance, if their bills should not be paid at the time when they become due;
and the value of the rupee on which they charge this interest is taken at two
shillings and a penny. Has the Company ever troubled themselves to inquire
whether their sales can bear the payment of that interest, and at that rate of
exchange? Have they once considered the dilemma in which they are
placed,—the ruin of their credit in the East Indies, if they refuse the bills,—
the ruin of their credit and existence in England, if they accept them?
Indeed, no trace of equitable government is found in their politics, not
one trace of commercial principle in their mercantile dealing: and hence is
the deepest and maturest wisdom of Parliament demanded, and the best
resources of this kingdom must be strained, to restore them,—that is, to
Page 428
restore the countries destroyed by the misconduct of the Company, and to
restore the Company itself, ruined by the consequences of their plans for
destroying what they were bound to preserve.
I required, if you remember, at my outset, a proof that these abuses were
habitual. But surely this is not necessary for me to consider as a separate
head; because I trust I have made it evident beyond a doubt, in considering
the abuses themselves, that they are regular, permanent, and systematical.
I am now come to my last condition, without which, for one, I will never
readily lend my hand to the destruction of any established government,
which is,—that, in its present state, the government of the East India
Company is absolutely incorrigible.
Of this great truth I think there can be little doubt, after all that has
appeared in this House. It is so very clear, that I must consider the leaving
any power in their hands, and the determined resolution to continue and
countenance every mode and every degree of peculation, oppression, and
tyranny, to be one and the same thing. I look upon that body incorrigible,
from the fullest consideration both of their uniform conduct and their
present real and virtual constitution.
If they had not constantly been apprised of all the enormities committed
in India under their authority, if this state of things had been as much a
discovery to them as it was to many of us, we might flatter ourselves that
the detection of the abuses would lead to their reformation. I will go further.
If the Court of Directors had not uniformly condemned every act which this
House or any of its committees had condemned, if the language in which
they expressed their disapprobation against enormities and their authors had
not been much more vehement and indignant than any ever used in this
House, I should entertain some hopes. If they had not, on the other hand, as
uniformly commended all their servants who had done their duty and
restore the Company itself, ruined by the consequences of their plans for
destroying what they were bound to preserve.
I required, if you remember, at my outset, a proof that these abuses were
habitual. But surely this is not necessary for me to consider as a separate
head; because I trust I have made it evident beyond a doubt, in considering
the abuses themselves, that they are regular, permanent, and systematical.
I am now come to my last condition, without which, for one, I will never
readily lend my hand to the destruction of any established government,
which is,—that, in its present state, the government of the East India
Company is absolutely incorrigible.
Of this great truth I think there can be little doubt, after all that has
appeared in this House. It is so very clear, that I must consider the leaving
any power in their hands, and the determined resolution to continue and
countenance every mode and every degree of peculation, oppression, and
tyranny, to be one and the same thing. I look upon that body incorrigible,
from the fullest consideration both of their uniform conduct and their
present real and virtual constitution.
If they had not constantly been apprised of all the enormities committed
in India under their authority, if this state of things had been as much a
discovery to them as it was to many of us, we might flatter ourselves that
the detection of the abuses would lead to their reformation. I will go further.
If the Court of Directors had not uniformly condemned every act which this
House or any of its committees had condemned, if the language in which
they expressed their disapprobation against enormities and their authors had
not been much more vehement and indignant than any ever used in this
House, I should entertain some hopes. If they had not, on the other hand, as
uniformly commended all their servants who had done their duty and
Page 429
obeyed their orders as they had heavily censured those who rebelled, I
might say, These people have been in an error, and when they are sensible
of it they will mend. But when I reflect on the uniformity of their support to
the objects of their uniform censure, and the state of insignificance and
disgrace to which all of those have been reduced whom they approved, and
that even utter ruin and premature death have been among the fruits of their
favor, I must be convinced, that in this case, as in all others, hypocrisy is the
only vice that never can be cured.
Attend, I pray you, to the situation and prosperity of Benfield, Hastings,
and others of that sort. The last of these has been treated by the Company
with an asperity of reprehension that has no parallel. They lament "that the
power of disposing of their property for perpetuity should fall into such
hands." Yet for fourteen years, with little interruption, he has governed all
their affairs, of every description, with an absolute sway. He has had
himself the means of heaping up immense wealth; and during that whole
period, the fortunes of hundreds have depended on his smiles and frowns.
He himself tells you he is incumbered with two hundred and fifty young
gentlemen, some of them of the best families in England, all of whom aim
at returning with vast fortunes to Europe in the prime of life. He has, then,
two hundred and fifty of your children as his hostages for your good
behavior; and loaded for years, as he has been, with the execrations of the
natives, with the censures of the Court of Directors, and struck and blasted
with resolutions of this House, he still maintains the most despotic power
ever known in India. He domineers with an overbearing sway in the
assemblies of his pretended masters; and it is thought in a degree rash to
venture to name his offences in this House, even as grounds of a legislative
remedy.
On the other hand, consider the fate of those who have met with the
applauses of the Directors. Colonel Monson, one of the best of men, had his
might say, These people have been in an error, and when they are sensible
of it they will mend. But when I reflect on the uniformity of their support to
the objects of their uniform censure, and the state of insignificance and
disgrace to which all of those have been reduced whom they approved, and
that even utter ruin and premature death have been among the fruits of their
favor, I must be convinced, that in this case, as in all others, hypocrisy is the
only vice that never can be cured.
Attend, I pray you, to the situation and prosperity of Benfield, Hastings,
and others of that sort. The last of these has been treated by the Company
with an asperity of reprehension that has no parallel. They lament "that the
power of disposing of their property for perpetuity should fall into such
hands." Yet for fourteen years, with little interruption, he has governed all
their affairs, of every description, with an absolute sway. He has had
himself the means of heaping up immense wealth; and during that whole
period, the fortunes of hundreds have depended on his smiles and frowns.
He himself tells you he is incumbered with two hundred and fifty young
gentlemen, some of them of the best families in England, all of whom aim
at returning with vast fortunes to Europe in the prime of life. He has, then,
two hundred and fifty of your children as his hostages for your good
behavior; and loaded for years, as he has been, with the execrations of the
natives, with the censures of the Court of Directors, and struck and blasted
with resolutions of this House, he still maintains the most despotic power
ever known in India. He domineers with an overbearing sway in the
assemblies of his pretended masters; and it is thought in a degree rash to
venture to name his offences in this House, even as grounds of a legislative
remedy.
On the other hand, consider the fate of those who have met with the
applauses of the Directors. Colonel Monson, one of the best of men, had his
Page 430
days shortened by the applauses, destitute of the support, of the Company.
General Clavering, whose panegyric was made in every dispatch from
England, whose hearse was bedewed with the tears and hung round with the
eulogies of the Court of Directors, burst an honest and indignant heart at the
treachery of those who ruined him by their praises. Uncommon patience
and temper supported Mr. Francis a while longer under the baneful
influence of the commendation of the Court of Directors. His health,
however, gave way at length; and in utter despair, he returned to Europe. At
his return, the doors of the India House were shut to this man who had been
the object of their constant admiration. He has, indeed, escaped with life;
but he has forfeited all expectation of credit, consequence, party, and
following. He may well say, "Me nemo ministro fur erit, atque ideo nulli
comes exeo." This man, whose deep reach of thought, whose large
legislative conceptions, and whose grand plans of policy make the most
shining part of our Reports, from whence we have all learned our lessons, if
we have learned any good ones,—this man, from whose materials those
gentlemen who have least acknowledged it have yet spoken as from a brief,
—this man, driven from his employment, discountenanced by the Directors,
has had no other reward, and no other distinction, but that inward "sunshine
of the soul" which a good conscience can always bestow upon itself. He has
not yet had so much as a good word, but from a person too insignificant to
make any other return for the means with which he has been furnished for
performing his share of a duty which is equally urgent on us all.
Add to this, that, from the highest in place to the lowest, every British
subject, who, in obedience to the Company's orders, has been active in the
discovery of peculations, has been ruined. They have been driven from
India. When they made their appeal at home, they were not heard; when
they attempted to return, they were stopped. No artifice of fraud, no
violence of power, has been omitted to destroy them in character as well as
in fortune.
General Clavering, whose panegyric was made in every dispatch from
England, whose hearse was bedewed with the tears and hung round with the
eulogies of the Court of Directors, burst an honest and indignant heart at the
treachery of those who ruined him by their praises. Uncommon patience
and temper supported Mr. Francis a while longer under the baneful
influence of the commendation of the Court of Directors. His health,
however, gave way at length; and in utter despair, he returned to Europe. At
his return, the doors of the India House were shut to this man who had been
the object of their constant admiration. He has, indeed, escaped with life;
but he has forfeited all expectation of credit, consequence, party, and
following. He may well say, "Me nemo ministro fur erit, atque ideo nulli
comes exeo." This man, whose deep reach of thought, whose large
legislative conceptions, and whose grand plans of policy make the most
shining part of our Reports, from whence we have all learned our lessons, if
we have learned any good ones,—this man, from whose materials those
gentlemen who have least acknowledged it have yet spoken as from a brief,
—this man, driven from his employment, discountenanced by the Directors,
has had no other reward, and no other distinction, but that inward "sunshine
of the soul" which a good conscience can always bestow upon itself. He has
not yet had so much as a good word, but from a person too insignificant to
make any other return for the means with which he has been furnished for
performing his share of a duty which is equally urgent on us all.
Add to this, that, from the highest in place to the lowest, every British
subject, who, in obedience to the Company's orders, has been active in the
discovery of peculations, has been ruined. They have been driven from
India. When they made their appeal at home, they were not heard; when
they attempted to return, they were stopped. No artifice of fraud, no
violence of power, has been omitted to destroy them in character as well as
in fortune.
Page 431
Worse, far worse, has been the fate of the poor creatures, the natives of
India, whom the hypocrisy of the Company has betrayed into complaint of
oppression and discovery of peculation. The first women in Bengal, the
Ranny of Rajeshahi, the Ranny of Burdwan, the Ranny of Ambooah, by
their weak and thoughtless trust in the Company's honor and protection, are
utterly ruined: the first of these women, a person of princely rank, and once
of correspondent fortune, who paid above two hundred thousand a year
quit-rent to the state, is, according to very credible information, so
completely beggared as to stand in need of the relief of alms. Mahomed
Reza Khân, the second Mussulman in Bengal, for having been
distinguished by the ill-omened honor of the countenance and protection of
the Court of Directors, was, without the pretence of any inquiry whatsoever
into his conduct, stripped of all his employments, and reduced to the lowest
condition. His ancient rival for power, the Rajah Nundcomar, was, by an
insult on everything which India holds respectable and sacred, hanged in
the face of all his nation by the judges you sent to protect that people:
hanged for a pretended crime, upon an ex post facto British act of
Parliament, in the midst of his evidence against Mr. Hastings. The accuser
they saw hanged. The culprit, without acquittal or inquiry, triumphs on the
ground of that murder: a murder, not of Nundcomar only, but of all living
testimony, and even of evidence yet unborn. From that time not a complaint
has been heard from the natives against their governors. All the grievances
of India have found a complete remedy.
Men will not look to acts of Parliament, to regulations, to declarations, to
votes, and resolutions. No, they are not such fools. They will ask, What is
the road to power, credit, wealth, and honors? They will ask, What conduct
ends in neglect, disgrace, poverty, exile, prison, and gibbet? These will
teach them the course which they are to follow. It is your distribution of
these that will give the character and tone to your government. All the rest
is miserable grimace.
India, whom the hypocrisy of the Company has betrayed into complaint of
oppression and discovery of peculation. The first women in Bengal, the
Ranny of Rajeshahi, the Ranny of Burdwan, the Ranny of Ambooah, by
their weak and thoughtless trust in the Company's honor and protection, are
utterly ruined: the first of these women, a person of princely rank, and once
of correspondent fortune, who paid above two hundred thousand a year
quit-rent to the state, is, according to very credible information, so
completely beggared as to stand in need of the relief of alms. Mahomed
Reza Khân, the second Mussulman in Bengal, for having been
distinguished by the ill-omened honor of the countenance and protection of
the Court of Directors, was, without the pretence of any inquiry whatsoever
into his conduct, stripped of all his employments, and reduced to the lowest
condition. His ancient rival for power, the Rajah Nundcomar, was, by an
insult on everything which India holds respectable and sacred, hanged in
the face of all his nation by the judges you sent to protect that people:
hanged for a pretended crime, upon an ex post facto British act of
Parliament, in the midst of his evidence against Mr. Hastings. The accuser
they saw hanged. The culprit, without acquittal or inquiry, triumphs on the
ground of that murder: a murder, not of Nundcomar only, but of all living
testimony, and even of evidence yet unborn. From that time not a complaint
has been heard from the natives against their governors. All the grievances
of India have found a complete remedy.
Men will not look to acts of Parliament, to regulations, to declarations, to
votes, and resolutions. No, they are not such fools. They will ask, What is
the road to power, credit, wealth, and honors? They will ask, What conduct
ends in neglect, disgrace, poverty, exile, prison, and gibbet? These will
teach them the course which they are to follow. It is your distribution of
these that will give the character and tone to your government. All the rest
is miserable grimace.
Page 432
When I accuse the Court of Directors of this habitual treachery in the use
of reward and punishment, I do not mean to include all the individuals in
that court. There have been, Sir, very frequently men of the greatest
integrity and virtue amongst them; and the contrariety in the declarations
and conduct of that court has arisen, I take it, from this,—that the honest
Directors have, by the force of matter of fact on the records, carried the
reprobation of the evil measures of the servants in India. This could not be
prevented, whilst these records stared them in the face; nor were the
delinquents, either here or there, very solicitous about their reputation, as
long as they were able to secure their power. The agreement of their
partisans to censure them blunted for a while the edge of a severe
proceeding. It obtained for them a character of impartiality, which enabled
them to recommend with some sort of grace, what will always carry a
plausible appearance, those treacherous expedients called moderate
measures. Whilst these were under discussion, new matter of complaint
came over, which seemed to antiquate the first. The same circle was here
trod round once more; and thus through years they proceeded in a
compromise of censure for punishment, until, by shame and despair, one
after another, almost every man who preferred his duty to the Company to
the interest of their servants has been driven from that court.
This, Sir, has been their conduct: and it has been the result of the
alteration which was insensibly made in their constitution. The change was
made insensibly; but it is now strong and adult, and as public and declared
as it is fixed beyond all power of reformation: so that there is none who
hears me that is not as certain as I am, that the Company, in the sense in
which it was formerly understood, has no existence.
The question is not, what injury you may do to the proprietors of India
stock; for there are no such men to be injured. If the active, ruling part of
the Company, who form the General Court, who fill the offices and direct
of reward and punishment, I do not mean to include all the individuals in
that court. There have been, Sir, very frequently men of the greatest
integrity and virtue amongst them; and the contrariety in the declarations
and conduct of that court has arisen, I take it, from this,—that the honest
Directors have, by the force of matter of fact on the records, carried the
reprobation of the evil measures of the servants in India. This could not be
prevented, whilst these records stared them in the face; nor were the
delinquents, either here or there, very solicitous about their reputation, as
long as they were able to secure their power. The agreement of their
partisans to censure them blunted for a while the edge of a severe
proceeding. It obtained for them a character of impartiality, which enabled
them to recommend with some sort of grace, what will always carry a
plausible appearance, those treacherous expedients called moderate
measures. Whilst these were under discussion, new matter of complaint
came over, which seemed to antiquate the first. The same circle was here
trod round once more; and thus through years they proceeded in a
compromise of censure for punishment, until, by shame and despair, one
after another, almost every man who preferred his duty to the Company to
the interest of their servants has been driven from that court.
This, Sir, has been their conduct: and it has been the result of the
alteration which was insensibly made in their constitution. The change was
made insensibly; but it is now strong and adult, and as public and declared
as it is fixed beyond all power of reformation: so that there is none who
hears me that is not as certain as I am, that the Company, in the sense in
which it was formerly understood, has no existence.
The question is not, what injury you may do to the proprietors of India
stock; for there are no such men to be injured. If the active, ruling part of
the Company, who form the General Court, who fill the offices and direct
Page 433
the measures, (the rest tell for nothing,) were persons who held their stock
as a means of their subsistence, who in the part they took were only
concerned in the government of India for the rise or fall of their dividend, it
would be indeed a defective plan of policy. The interest of the people who
are governed by them would not be their primary object,—perhaps a very
small part of their consideration at all. But then they might well be
depended on, and perhaps more than persons in other respects preferable,
for preventing the peculations of their servants to their own prejudice. Such
a body would not easily have left their trade as a spoil to the avarice of
those who received their wages. But now things are totally reversed. The
stock is of no value, whether it be the qualification of a Director or
Proprietor; and it is impossible that it should. A Director's qualification may
be worth about two thousand five hundred pounds,—and the interest, at
eight per cent, is about one hundred and sixty pounds a year. Of what value
is that, whether it rise to ten, or fall to six, or to nothing; to him whose son,
before he is in Bengal two months, and before he descends the stops of the
Council-Chamber, sells the grant of a single contract for forty thousand
pounds? Accordingly, the stock is bought up in qualifications. The vote is
not to protect the stock, but the stock is bought to acquire the vote; and the
end of the vote is to cover and support, against justice, some man of power
who has made an obnoxious fortune in India, or to maintain in power those
who are actually employing it in the acquisition of such a fortune,—and to
avail themselves, in return, of his patronage, that he may shower the spoils
of the East, "barbaric pearl and gold," on them, their families, and
dependants. So that all the relations of the Company are not only changed,
but inverted. The servants in India are not appointed by the Directors, but
the Directors are chosen by them. The trade is carried on with their capitals.
To them the revenues of the country are mortgaged. The seat of the supreme
power is in Calcutta. The house in Leadenhall Street is nothing more than a
'change for their agents, factors, and deputies to meet in, to take care of
as a means of their subsistence, who in the part they took were only
concerned in the government of India for the rise or fall of their dividend, it
would be indeed a defective plan of policy. The interest of the people who
are governed by them would not be their primary object,—perhaps a very
small part of their consideration at all. But then they might well be
depended on, and perhaps more than persons in other respects preferable,
for preventing the peculations of their servants to their own prejudice. Such
a body would not easily have left their trade as a spoil to the avarice of
those who received their wages. But now things are totally reversed. The
stock is of no value, whether it be the qualification of a Director or
Proprietor; and it is impossible that it should. A Director's qualification may
be worth about two thousand five hundred pounds,—and the interest, at
eight per cent, is about one hundred and sixty pounds a year. Of what value
is that, whether it rise to ten, or fall to six, or to nothing; to him whose son,
before he is in Bengal two months, and before he descends the stops of the
Council-Chamber, sells the grant of a single contract for forty thousand
pounds? Accordingly, the stock is bought up in qualifications. The vote is
not to protect the stock, but the stock is bought to acquire the vote; and the
end of the vote is to cover and support, against justice, some man of power
who has made an obnoxious fortune in India, or to maintain in power those
who are actually employing it in the acquisition of such a fortune,—and to
avail themselves, in return, of his patronage, that he may shower the spoils
of the East, "barbaric pearl and gold," on them, their families, and
dependants. So that all the relations of the Company are not only changed,
but inverted. The servants in India are not appointed by the Directors, but
the Directors are chosen by them. The trade is carried on with their capitals.
To them the revenues of the country are mortgaged. The seat of the supreme
power is in Calcutta. The house in Leadenhall Street is nothing more than a
'change for their agents, factors, and deputies to meet in, to take care of
Page 434
their affairs and support their interests,—and this so avowedly, that we see
the known agents of the delinquent servants marshalling and disciplining
their forces, and the prime spokesmen in all their assemblies.
Everything has followed in this order, and according to the natural train
of events. I will close what I have to say on the incorrigible condition of the
Company, by stating to you a few facts that will leave no doubt of the
obstinacy of that corporation, and of their strength too, in resisting the
reformation of their servants. By these facts you will be enabled to discover
the sole grounds upon which they are tenacious of their charter.
It is now more than two years, that upon account of the gross abuses and
ruinous situation of the Company's affairs, (which occasioned the cry of the
whole world long before it was taken up here,) that we instituted two
committees to inquire into the mismanagements by which the Company's
affairs had been brought to the brink of ruin. These inquiries had been
pursued with unremitting diligence, and a great body of facts was collected
and printed for general information. In the result of those inquiries,
although the committees consisted of very different descriptions, they were
unanimous. They joined in censuring the conduct of the Indian
administration, and enforcing the responsibility upon two men, whom this
House, in consequence of these reports, declared it to be the duty of the
Directors to remove from their stations, and recall to Great Britain,
—"because they had acted in a manner repugnant to the honor and policy
of this nation, and thereby brought great calamities on India and enormous
expenses on the East India Company."
Here was no attempt on the charter. Here was no question of their
privileges. To vindicate their own honor, to support their own interests, to
enforce obedience to their own orders,—these were the sole object of the
monitory resolution of this House. But as soon as the General Court could
the known agents of the delinquent servants marshalling and disciplining
their forces, and the prime spokesmen in all their assemblies.
Everything has followed in this order, and according to the natural train
of events. I will close what I have to say on the incorrigible condition of the
Company, by stating to you a few facts that will leave no doubt of the
obstinacy of that corporation, and of their strength too, in resisting the
reformation of their servants. By these facts you will be enabled to discover
the sole grounds upon which they are tenacious of their charter.
It is now more than two years, that upon account of the gross abuses and
ruinous situation of the Company's affairs, (which occasioned the cry of the
whole world long before it was taken up here,) that we instituted two
committees to inquire into the mismanagements by which the Company's
affairs had been brought to the brink of ruin. These inquiries had been
pursued with unremitting diligence, and a great body of facts was collected
and printed for general information. In the result of those inquiries,
although the committees consisted of very different descriptions, they were
unanimous. They joined in censuring the conduct of the Indian
administration, and enforcing the responsibility upon two men, whom this
House, in consequence of these reports, declared it to be the duty of the
Directors to remove from their stations, and recall to Great Britain,
—"because they had acted in a manner repugnant to the honor and policy
of this nation, and thereby brought great calamities on India and enormous
expenses on the East India Company."
Here was no attempt on the charter. Here was no question of their
privileges. To vindicate their own honor, to support their own interests, to
enforce obedience to their own orders,—these were the sole object of the
monitory resolution of this House. But as soon as the General Court could
Page 435
assemble, they assembled to demonstrate who they really were. Regardless
of the proceedings of this House, they ordered the Directors not to carry
into effect any resolution they might come to for the removal of Mr.
Hastings and Mr. Hornby. The Directors, still retaining some shadow of
respect to this House, instituted an inquiry themselves, which continued
from June to October, and, after an attentive perusal and full consideration
of papers, resolved to take steps for removing the persons who had been the
objects of our resolution, but not without a violent struggle against
evidence. Seven Directors went so far as to enter a protest against the vote
of their court. Upon this the General Court takes the alarm: it reassembles;
it orders the Directors to rescind their resolution, that is, not to recall Mr.
Hastings and Mr. Hornby, and to despise the resolution of the House of
Commons. Without so much as the pretence of looking into a single paper,
without the formality of instituting any committee of inquiry, they
superseded all the labors of their own Directors and of this House.
It will naturally occur to ask, how it was possible that they should not
attempt some sort of examination into facts, as a color for their resistance to
a public authority proceeding so very deliberately, and exerted, apparently
at least, in favor of their own. The answer, and the only answer which can
be given, is, that they were afraid that their true relation should be mistaken.
They were afraid that their patrons and masters in India should attribute
their support of them to an opinion of their cause, and not to an attachment
to their power. They were afraid it should be suspected that they did not
mean blindly to support them in the use they made of that power. They
determined to show that they at least were set against reformation: that they
were firmly resolved to bring the territories, the trade, and the stock of the
Company to ruin, rather than be wanting in fidelity to their nominal
servants and real masters, in the ways they took to their private fortunes.
of the proceedings of this House, they ordered the Directors not to carry
into effect any resolution they might come to for the removal of Mr.
Hastings and Mr. Hornby. The Directors, still retaining some shadow of
respect to this House, instituted an inquiry themselves, which continued
from June to October, and, after an attentive perusal and full consideration
of papers, resolved to take steps for removing the persons who had been the
objects of our resolution, but not without a violent struggle against
evidence. Seven Directors went so far as to enter a protest against the vote
of their court. Upon this the General Court takes the alarm: it reassembles;
it orders the Directors to rescind their resolution, that is, not to recall Mr.
Hastings and Mr. Hornby, and to despise the resolution of the House of
Commons. Without so much as the pretence of looking into a single paper,
without the formality of instituting any committee of inquiry, they
superseded all the labors of their own Directors and of this House.
It will naturally occur to ask, how it was possible that they should not
attempt some sort of examination into facts, as a color for their resistance to
a public authority proceeding so very deliberately, and exerted, apparently
at least, in favor of their own. The answer, and the only answer which can
be given, is, that they were afraid that their true relation should be mistaken.
They were afraid that their patrons and masters in India should attribute
their support of them to an opinion of their cause, and not to an attachment
to their power. They were afraid it should be suspected that they did not
mean blindly to support them in the use they made of that power. They
determined to show that they at least were set against reformation: that they
were firmly resolved to bring the territories, the trade, and the stock of the
Company to ruin, rather than be wanting in fidelity to their nominal
servants and real masters, in the ways they took to their private fortunes.
Page 436
Even since the beginning of this session, the same act of audacity was
repeated, with the same circumstances of contempt of all the decorum of
inquiry on their part, and of all the proceedings of this House. They again
made it a request to their favorite, and your culprit, to keep his post,—and
thanked and applauded him, without calling for a paper which could afford
light into the merit or demerit of the transaction, and without giving
themselves a moment's time to consider, or even to understand, the articles
of the Mahratta peace. The fact is, that for a long time there was a struggle,
a faint one indeed, between the Company and their servants. But it is a
struggle no longer. For some time the superiority has been decided. The
interests abroad are become the settled preponderating weight both in the
Court of Proprietors and the Court of Directors. Even the attempt you have
made to inquire into their practices and to reform abuses has raised and
piqued them to a far more regular and steady support. The Company has
made a common cause and identified themselves with the destroyers of
India. They have taken on themselves all that mass of enormity; they are
supporting what you have reprobated; those you condemn they applaud,
those you order home to answer for their conduct they request to stay, and
thereby encourage to proceed in their practices. Thus the servants of the
East India Company triumph, and the representatives of the people of Great
Britain are defeated.
I therefore conclude, what you all conclude, that this body, being totally
perverted from the purposes of its institution, is utterly incorrigible; and
because they are incorrigible, both in conduct and constitution, power ought
to be taken out of their hands,—just on the same principles on which have
been made all the just changes and revolutions of government that have
taken place since the beginning of the world.
I will now say a few words to the general principle of the plan which is
set up against that of my right honorable friend. It is to recommit the
repeated, with the same circumstances of contempt of all the decorum of
inquiry on their part, and of all the proceedings of this House. They again
made it a request to their favorite, and your culprit, to keep his post,—and
thanked and applauded him, without calling for a paper which could afford
light into the merit or demerit of the transaction, and without giving
themselves a moment's time to consider, or even to understand, the articles
of the Mahratta peace. The fact is, that for a long time there was a struggle,
a faint one indeed, between the Company and their servants. But it is a
struggle no longer. For some time the superiority has been decided. The
interests abroad are become the settled preponderating weight both in the
Court of Proprietors and the Court of Directors. Even the attempt you have
made to inquire into their practices and to reform abuses has raised and
piqued them to a far more regular and steady support. The Company has
made a common cause and identified themselves with the destroyers of
India. They have taken on themselves all that mass of enormity; they are
supporting what you have reprobated; those you condemn they applaud,
those you order home to answer for their conduct they request to stay, and
thereby encourage to proceed in their practices. Thus the servants of the
East India Company triumph, and the representatives of the people of Great
Britain are defeated.
I therefore conclude, what you all conclude, that this body, being totally
perverted from the purposes of its institution, is utterly incorrigible; and
because they are incorrigible, both in conduct and constitution, power ought
to be taken out of their hands,—just on the same principles on which have
been made all the just changes and revolutions of government that have
taken place since the beginning of the world.
I will now say a few words to the general principle of the plan which is
set up against that of my right honorable friend. It is to recommit the
Page 437
government of India to the Court of Directors. Those who would commit
the reformation of India to the destroyers of it are the enemies to that
reformation. They would make a distinction between Directors and
Proprietors, which, in the present state of things, does not, cannot exist. But
a right honorable gentleman says, he would keep the present government of
India in the Court of Directors, and would, to curb them, provide salutary
regulations. Wonderful! That is, he would appoint the old offenders to
correct the old offences; and he would render the vicious and the foolish
wise and virtuous by salutary regulations. He would appoint the wolf as
guardian of the sheep; but he has invented a curious muzzle, by which this
protecting wolf shall not be able to open his jaws above an inch or two at
the utmost. Thus his work is finished. But I tell the right honorable
gentleman, that controlled depravity is not innocence, and that it is not the
labor of delinquency in chains that will correct abuses. Will these
gentlemen of the direction animadvert on the partners of their own guilt?
Never did a serious plan of amending of any old tyrannical establishment
propose the authors and abettors of the abuses as the reformers of them. If
the undone people of India see their old oppressors in confirmed power,
even by the reformation, they will expect nothing but what they will
certainly feel,—continuance, or rather an aggravation, of all their former
sufferings. They look to the seat of power, and to the persons who fill it;
and they despise those gentlemen's regulations as much as the gentlemen do
who talk of them.
But there is a cure for everything. Take away, say they, the Court of
Proprietors, and the Court of Directors will do their duty. Yes,—as they
have done it hitherto. That the evils in India have solely arisen from the
Court of Proprietors is grossly false. In many of them the Directors were
heartily concurring; in most of them they were encouraging, and sometimes
commanding; in all they were conniving.
the reformation of India to the destroyers of it are the enemies to that
reformation. They would make a distinction between Directors and
Proprietors, which, in the present state of things, does not, cannot exist. But
a right honorable gentleman says, he would keep the present government of
India in the Court of Directors, and would, to curb them, provide salutary
regulations. Wonderful! That is, he would appoint the old offenders to
correct the old offences; and he would render the vicious and the foolish
wise and virtuous by salutary regulations. He would appoint the wolf as
guardian of the sheep; but he has invented a curious muzzle, by which this
protecting wolf shall not be able to open his jaws above an inch or two at
the utmost. Thus his work is finished. But I tell the right honorable
gentleman, that controlled depravity is not innocence, and that it is not the
labor of delinquency in chains that will correct abuses. Will these
gentlemen of the direction animadvert on the partners of their own guilt?
Never did a serious plan of amending of any old tyrannical establishment
propose the authors and abettors of the abuses as the reformers of them. If
the undone people of India see their old oppressors in confirmed power,
even by the reformation, they will expect nothing but what they will
certainly feel,—continuance, or rather an aggravation, of all their former
sufferings. They look to the seat of power, and to the persons who fill it;
and they despise those gentlemen's regulations as much as the gentlemen do
who talk of them.
But there is a cure for everything. Take away, say they, the Court of
Proprietors, and the Court of Directors will do their duty. Yes,—as they
have done it hitherto. That the evils in India have solely arisen from the
Court of Proprietors is grossly false. In many of them the Directors were
heartily concurring; in most of them they were encouraging, and sometimes
commanding; in all they were conniving.
Page 438
But who are to choose this well-regulated and reforming Court of
Directors?—Why, the very Proprietors who are excluded from all
management, for the abuse of their power. They will choose, undoubtedly,
out of themselves, men like themselves; and those who are most forward in
resisting your authority, those who are most engaged in faction or interest
with the delinquents abroad, will be the objects of their selection. But
gentlemen say, that, when this choice is made, the Proprietors are not to
interfere in the measures of the Directors, whilst those Directors are busy in
the control of their common patrons and masters in India. No, indeed, I
believe they will not desire to interfere. They will choose those whom they
know may be trusted, safely trusted, to act in strict conformity to their
common principles, manners, measures, interests, and connections. They
will want neither monitor nor control. It is not easy to choose men to act in
conformity to a public interest against their private; but a sure dependence
may be had on those who are chosen to forward their private interest at the
expense of the public. But if the Directors should slip, and deviate into
rectitude, the punishment is in the hands of the General Court, and it will
surely be remembered to them at their next election.
If the government of India wants no reformation, but gentlemen are
amusing themselves with a theory, conceiving a more democratic or
aristocratic mode of government for these dependencies, or if they are in a
dispute only about patronage, the dispute is with me of so little concern that
I should not take the pains to utter an affirmative or negative to any
proposition in it. If it be only for a theoretical amusement that they are to
propose a bill, the thing is at best frivolous and unnecessary. But if the
Company's government is not only full of abuse, but is one of the most
corrupt and destructive tyrannies that probably ever existed in the world, (as
I am sure it is,) what a cruel mockery would it be in me, and in those who
think like me, to propose this kind of remedy for this kind of evil!
Directors?—Why, the very Proprietors who are excluded from all
management, for the abuse of their power. They will choose, undoubtedly,
out of themselves, men like themselves; and those who are most forward in
resisting your authority, those who are most engaged in faction or interest
with the delinquents abroad, will be the objects of their selection. But
gentlemen say, that, when this choice is made, the Proprietors are not to
interfere in the measures of the Directors, whilst those Directors are busy in
the control of their common patrons and masters in India. No, indeed, I
believe they will not desire to interfere. They will choose those whom they
know may be trusted, safely trusted, to act in strict conformity to their
common principles, manners, measures, interests, and connections. They
will want neither monitor nor control. It is not easy to choose men to act in
conformity to a public interest against their private; but a sure dependence
may be had on those who are chosen to forward their private interest at the
expense of the public. But if the Directors should slip, and deviate into
rectitude, the punishment is in the hands of the General Court, and it will
surely be remembered to them at their next election.
If the government of India wants no reformation, but gentlemen are
amusing themselves with a theory, conceiving a more democratic or
aristocratic mode of government for these dependencies, or if they are in a
dispute only about patronage, the dispute is with me of so little concern that
I should not take the pains to utter an affirmative or negative to any
proposition in it. If it be only for a theoretical amusement that they are to
propose a bill, the thing is at best frivolous and unnecessary. But if the
Company's government is not only full of abuse, but is one of the most
corrupt and destructive tyrannies that probably ever existed in the world, (as
I am sure it is,) what a cruel mockery would it be in me, and in those who
think like me, to propose this kind of remedy for this kind of evil!
Page 439
I now come to the third objection,—that this bill will increase the
influence of the crown. An honorable gentleman has demanded of me,
whether I was in earnest when I proposed to this House a plan for the
reduction of that influence. Indeed, Sir, I was much, very much, in earnest
my heart was deeply concerned in it; and I hope the public has not lost the
effect of it. How far my judgment was right, for what concerned personal
favor and consequence to myself, I shall not presume to determine; nor is
its effect upon me, of any moment. But as to this bill, whether it increases
the influence of the crown, or not, is a question I should be ashamed to ask.
If I am not able to correct a system of oppression and tyranny, that goes to
the utter ruin of thirty millions of my fellow-creatures and fellow-subjects,
but by some increase to the influence of the crown, I am ready here to
declare that I, who have been active to reduce it, shall be at least as active
and strenuous to restore it again. I am no lover of names; I contend for the
substance of good and protecting government, let it come from what quarter
it will.
But I am not obliged to have recourse to this expedient. Much, very
much, the contrary. I am sure that the influence of the crown will by no
means aid a reformation of this kind, which can neither be originated nor
supported but by the uncorrupt public virtue of the representatives of the
people of England. Let it once get into the ordinary course of
administration, and to me all hopes of reformation are gone. I am far from
knowing or believing that this bill will increase the influence of the crown.
We all know that the crown has ever had some influence in the Court of
Directors, and that it has been extremely increased by the acts of 1773 and
1780. The gentlemen who, as part of their reformation, propose "a more
active control on the part of the crown," which is to put the Directors under
a Secretary of State specially named for that purpose, must know that their
project will increase it further. But that old influence has had, and the new
will have, incurable inconveniences, which cannot happen under the
influence of the crown. An honorable gentleman has demanded of me,
whether I was in earnest when I proposed to this House a plan for the
reduction of that influence. Indeed, Sir, I was much, very much, in earnest
my heart was deeply concerned in it; and I hope the public has not lost the
effect of it. How far my judgment was right, for what concerned personal
favor and consequence to myself, I shall not presume to determine; nor is
its effect upon me, of any moment. But as to this bill, whether it increases
the influence of the crown, or not, is a question I should be ashamed to ask.
If I am not able to correct a system of oppression and tyranny, that goes to
the utter ruin of thirty millions of my fellow-creatures and fellow-subjects,
but by some increase to the influence of the crown, I am ready here to
declare that I, who have been active to reduce it, shall be at least as active
and strenuous to restore it again. I am no lover of names; I contend for the
substance of good and protecting government, let it come from what quarter
it will.
But I am not obliged to have recourse to this expedient. Much, very
much, the contrary. I am sure that the influence of the crown will by no
means aid a reformation of this kind, which can neither be originated nor
supported but by the uncorrupt public virtue of the representatives of the
people of England. Let it once get into the ordinary course of
administration, and to me all hopes of reformation are gone. I am far from
knowing or believing that this bill will increase the influence of the crown.
We all know that the crown has ever had some influence in the Court of
Directors, and that it has been extremely increased by the acts of 1773 and
1780. The gentlemen who, as part of their reformation, propose "a more
active control on the part of the crown," which is to put the Directors under
a Secretary of State specially named for that purpose, must know that their
project will increase it further. But that old influence has had, and the new
will have, incurable inconveniences, which cannot happen under the
Page 440
Parliamentary establishment proposed in this bill. An honorable gentleman,
[58] not now in his place, but who is well acquainted with the India
Company, and by no means a friend to this bill, has told you that a
ministerial influence has always been predominant in that body,—and that
to make the Directors pliant to their purposes, ministers generally caused
persons meanly qualified to be chosen Directors. According to his idea, to
secure subserviency, they submitted the Company's affairs to the direction
of incapacity. This was to ruin the Company in order to govern it. This was
certainly influence in the very worst form in which it could appear. At best
it was clandestine and irresponsible. Whether this was done so much upon
system as that gentleman supposes, I greatly doubt. But such in effect the
operation of government on that court unquestionably was; and such, under
a similar constitution, it will be forever. Ministers must be wholly removed
from the management of the affairs of India, or they will have an influence
in its patronage. The thing is inevitable. Their scheme of a new Secretary of
State, "with a more vigorous control," is not much better than a repetition of
the measure which we know by experience will not do. Since the year 1773
and the year 1780, the Company has been under the control of the Secretary
of State's office, and we had then three Secretaries of State. If more than
this is done, then they annihilate the direction which they pretend to
support; and they augment the influence of the crown, of whose growth
they affect so great an horror. But in truth this scheme of reconciling a
direction really and truly deliberative with an office really and substantially
controlling is a sort of machinery that can be kept in order but a very short
time. Either the Directors will dwindle into clerks, or the Secretary of State,
as hitherto has been the course, will leave everything to them, often through
design, often through neglect. If both should affect activity, collision,
procrastination, delay, and, in the end, utter confusion, must ensue.
But, Sir, there is one kind of influence far greater than that of the
nomination to office. This gentlemen in opposition have totally overlooked,
[58] not now in his place, but who is well acquainted with the India
Company, and by no means a friend to this bill, has told you that a
ministerial influence has always been predominant in that body,—and that
to make the Directors pliant to their purposes, ministers generally caused
persons meanly qualified to be chosen Directors. According to his idea, to
secure subserviency, they submitted the Company's affairs to the direction
of incapacity. This was to ruin the Company in order to govern it. This was
certainly influence in the very worst form in which it could appear. At best
it was clandestine and irresponsible. Whether this was done so much upon
system as that gentleman supposes, I greatly doubt. But such in effect the
operation of government on that court unquestionably was; and such, under
a similar constitution, it will be forever. Ministers must be wholly removed
from the management of the affairs of India, or they will have an influence
in its patronage. The thing is inevitable. Their scheme of a new Secretary of
State, "with a more vigorous control," is not much better than a repetition of
the measure which we know by experience will not do. Since the year 1773
and the year 1780, the Company has been under the control of the Secretary
of State's office, and we had then three Secretaries of State. If more than
this is done, then they annihilate the direction which they pretend to
support; and they augment the influence of the crown, of whose growth
they affect so great an horror. But in truth this scheme of reconciling a
direction really and truly deliberative with an office really and substantially
controlling is a sort of machinery that can be kept in order but a very short
time. Either the Directors will dwindle into clerks, or the Secretary of State,
as hitherto has been the course, will leave everything to them, often through
design, often through neglect. If both should affect activity, collision,
procrastination, delay, and, in the end, utter confusion, must ensue.
But, Sir, there is one kind of influence far greater than that of the
nomination to office. This gentlemen in opposition have totally overlooked,
Page 441
although it now exists in its full vigor; and it will do so, upon their scheme,
in at least as much force as it does now. That influence this bill cuts up by
the roots. I mean the influence of protection. I shall explain myself.—The
office given to a young man going to India is of trifling consequence. But
he that goes out an insignificant boy in a few years returns a great nabob.
Mr. Hastings says he has two hundred and fifty of that kind of raw
materials, who expect to be speedily manufactured into the merchantable
quality I mention. One of these gentlemen, suppose, returns hither laden
with odium and with riches. When he comes to England, he comes as to a
prison, or as to a sanctuary; and either is ready for him, according to his
demeanor. What is the influence in the grant of any place in India, to that
which is acquired by the protection or compromise with such guilt, and with
the command of such riches, under the dominion of the hopes and fears
which power is able to hold out to every man in that condition? That man's
whole fortune, half a million perhaps, becomes an instrument of influence,
without a shilling of charge to the civil list: and the influx of fortunes which
stand in need of this protection is continual. It works both ways: it
influences the delinquent, and it may corrupt the minister. Compare the
influence acquired by appointing, for instance, even a Governor-General,
and that obtained by protecting him. I shall push this no further. But I wish
gentlemen to roll it a little in their own minds.
The bill before you cuts off this source of influence. Its design and main
scope is, to regulate the administration of India upon the principles of a
court of judicature,—and to exclude, as far as human prudence can exclude,
all possibility of a corrupt partiality, in appointing to office, or supporting in
office, or covering from inquiry and punishment, any person who has
abused or shall abuse his authority. At the board, as appointed and regulated
by this bill, reward and punishment cannot be shifted and reversed by a
whisper. That commission becomes fatal to cabal, to intrigue, and to secret
representation, those instruments of the ruin of India. He that cuts off the
in at least as much force as it does now. That influence this bill cuts up by
the roots. I mean the influence of protection. I shall explain myself.—The
office given to a young man going to India is of trifling consequence. But
he that goes out an insignificant boy in a few years returns a great nabob.
Mr. Hastings says he has two hundred and fifty of that kind of raw
materials, who expect to be speedily manufactured into the merchantable
quality I mention. One of these gentlemen, suppose, returns hither laden
with odium and with riches. When he comes to England, he comes as to a
prison, or as to a sanctuary; and either is ready for him, according to his
demeanor. What is the influence in the grant of any place in India, to that
which is acquired by the protection or compromise with such guilt, and with
the command of such riches, under the dominion of the hopes and fears
which power is able to hold out to every man in that condition? That man's
whole fortune, half a million perhaps, becomes an instrument of influence,
without a shilling of charge to the civil list: and the influx of fortunes which
stand in need of this protection is continual. It works both ways: it
influences the delinquent, and it may corrupt the minister. Compare the
influence acquired by appointing, for instance, even a Governor-General,
and that obtained by protecting him. I shall push this no further. But I wish
gentlemen to roll it a little in their own minds.
The bill before you cuts off this source of influence. Its design and main
scope is, to regulate the administration of India upon the principles of a
court of judicature,—and to exclude, as far as human prudence can exclude,
all possibility of a corrupt partiality, in appointing to office, or supporting in
office, or covering from inquiry and punishment, any person who has
abused or shall abuse his authority. At the board, as appointed and regulated
by this bill, reward and punishment cannot be shifted and reversed by a
whisper. That commission becomes fatal to cabal, to intrigue, and to secret
representation, those instruments of the ruin of India. He that cuts off the
Page 442
means of premature fortune, and the power of protecting it when acquired,
strikes a deadly blow at the great fund, the bank, the capital stock of Indian
influence, which cannot be vested anywhere, or in any hands, without most
dangerous consequences to the public.
The third and contradictory objection is, that this bill does not increase
the influence of the crown; on the contrary, that the just power of the crown
will be lessened, and transferred to the use of a party, by giving the
patronage of India to a commission nominated by Parliament and
independent of the crown. The contradiction is glaring, and it has been too
well exposed to make it necessary for me to insist upon it. But passing the
contradiction, and taking it without any relation, of all objections that is the
most extraordinary. Do not gentlemen know that the crown has not at
present the grant of a single office under the Company, civil or military, at
home or abroad? So far as the crown is concerned, it is certainly rather a
gainer; for the vacant offices in the new commission are to be filled up by
the king.
It is argued, as a part of the bill derogatory to the prerogatives of the
crown, that the commissioners named in the bill are to continue for a short
term of years, too short in my opinion,—and because, during that time, they
are not at the mercy of every predominant faction of the court. Does not this
objection lie against the present Directors,—none of whom are named by
the crown, and a proportion of whom hold for this very term of four years?
Did it not lie against the Governor-General and Council named in the act of
1773,—who were invested by name, as the present commissioners are to be
appointed in the body of the act of Parliament, who were to hold their
places for a term of years, and were not removable at the discretion of the
crown? Did it not lie against the reappointment, in the year 1780, upon the
very same terms? Yet at none of these times, whatever other objections the
scheme might be liable to, was it supposed to be a derogation to the just
strikes a deadly blow at the great fund, the bank, the capital stock of Indian
influence, which cannot be vested anywhere, or in any hands, without most
dangerous consequences to the public.
The third and contradictory objection is, that this bill does not increase
the influence of the crown; on the contrary, that the just power of the crown
will be lessened, and transferred to the use of a party, by giving the
patronage of India to a commission nominated by Parliament and
independent of the crown. The contradiction is glaring, and it has been too
well exposed to make it necessary for me to insist upon it. But passing the
contradiction, and taking it without any relation, of all objections that is the
most extraordinary. Do not gentlemen know that the crown has not at
present the grant of a single office under the Company, civil or military, at
home or abroad? So far as the crown is concerned, it is certainly rather a
gainer; for the vacant offices in the new commission are to be filled up by
the king.
It is argued, as a part of the bill derogatory to the prerogatives of the
crown, that the commissioners named in the bill are to continue for a short
term of years, too short in my opinion,—and because, during that time, they
are not at the mercy of every predominant faction of the court. Does not this
objection lie against the present Directors,—none of whom are named by
the crown, and a proportion of whom hold for this very term of four years?
Did it not lie against the Governor-General and Council named in the act of
1773,—who were invested by name, as the present commissioners are to be
appointed in the body of the act of Parliament, who were to hold their
places for a term of years, and were not removable at the discretion of the
crown? Did it not lie against the reappointment, in the year 1780, upon the
very same terms? Yet at none of these times, whatever other objections the
scheme might be liable to, was it supposed to be a derogation to the just
Page 443
prerogative of the crown, that a commission created by act of Parliament
should have its members named by the authority which called it into
existence. This is not the disposal by Parliament of any office derived from
the authority of the crown, or now disposable by that authority. It is so far
from being anything new, violent, or alarming, that I do not recollect, in any
Parliamentary commission, down to the commissioners of the land-tax, that
it has ever been otherwise.
The objection of the tenure for four years is an objection to all places that
are not held during pleasure; but in that objection I pronounce the
gentlemen, from my knowledge of their complexion and of their principles,
to be perfectly in earnest. The party (say these gentlemen) of the minister
who proposes this scheme will be rendered powerful by it; for he will name
his party friends to the commission. This objection against party is a party
objection; and in this, too, these gentlemen are perfectly serious. They see,
that, if, by any intrigue, they should succeed to office, they will lose the
clandestine patronage, the true instrument of clandestine influence, enjoyed
in the name of subservient Directors, and of wealthy, trembling Indian
delinquents. But as often as they are beaten off this ground, they return to it
again. The minister will name his friends, and persons of his own party.
Whom should he name? Should he name his adversaries? Should he name
those whom he cannot trust? Should he name those to execute his plans
who are the declared enemies to the principles of his reform? His character
is here at stake. If he proposes for his own ends (but he never will propose)
such names as, from their want of rank, fortune, character, ability, or
knowledge, are likely to betray or to fall short of their trust, he is in an
independent House of Commons,—in an House of Commons which has, by
its own virtue, destroyed the instruments of Parliamentary subservience.
This House of Commons would not endure the sound of such names. He
would perish by the means which he is supposed to pursue for the security
should have its members named by the authority which called it into
existence. This is not the disposal by Parliament of any office derived from
the authority of the crown, or now disposable by that authority. It is so far
from being anything new, violent, or alarming, that I do not recollect, in any
Parliamentary commission, down to the commissioners of the land-tax, that
it has ever been otherwise.
The objection of the tenure for four years is an objection to all places that
are not held during pleasure; but in that objection I pronounce the
gentlemen, from my knowledge of their complexion and of their principles,
to be perfectly in earnest. The party (say these gentlemen) of the minister
who proposes this scheme will be rendered powerful by it; for he will name
his party friends to the commission. This objection against party is a party
objection; and in this, too, these gentlemen are perfectly serious. They see,
that, if, by any intrigue, they should succeed to office, they will lose the
clandestine patronage, the true instrument of clandestine influence, enjoyed
in the name of subservient Directors, and of wealthy, trembling Indian
delinquents. But as often as they are beaten off this ground, they return to it
again. The minister will name his friends, and persons of his own party.
Whom should he name? Should he name his adversaries? Should he name
those whom he cannot trust? Should he name those to execute his plans
who are the declared enemies to the principles of his reform? His character
is here at stake. If he proposes for his own ends (but he never will propose)
such names as, from their want of rank, fortune, character, ability, or
knowledge, are likely to betray or to fall short of their trust, he is in an
independent House of Commons,—in an House of Commons which has, by
its own virtue, destroyed the instruments of Parliamentary subservience.
This House of Commons would not endure the sound of such names. He
would perish by the means which he is supposed to pursue for the security
Page 444
of his power. The first pledge he must give of his sincerity in this great
reform will be in the confidence which ought to be reposed in those names.
For my part, Sir, in this business I put all indirect considerations wholly
out of my mind. My sole question, on each clause of the bill, amounts to
this:—Is the measure proposed required by the necessities of India? I
cannot consent totally to lose sight of the real wants of the people who are
the objects of it, and to hunt after every matter of party squabble that may
be started on the several provisions. On the question of the duration of the
commission I am clear and decided. Can I, can any one who has taken the
smallest trouble to be informed concerning the affairs of India, amuse
himself with so strange an imagination as that the habitual despotism and
oppression, that the monopolies, the peculations, the universal destruction
of all the legal authority of this kingdom, which have been for twenty years
maturing to their present enormity, combined with the distance of the scene,
the boldness and artifice of delinquents, their combination, their excessive
wealth, and the faction they have made in England, can be fully corrected in
a shorter term than four years? None has hazarded such an assertion; none
who has a regard for his reputation will hazard it.
Sir, the gentlemen, whoever they are, who shall be appointed to this
commission, have an undertaking of magnitude on their hands, and their
stability must not only be, but it must be thought, real; and who is it will
believe that anything short of an establishment made, supported, and fixed
in its duration, with all the authority of Parliament, can be thought secure of
a reasonable stability? The plan of my honorable friend is the reverse of that
of reforming by the authors of the abuse. The best we could expect from
them is, that they should not continue their ancient, pernicious activity. To
those we could think of nothing but applying control; as we are sure that
even a regard to their reputation (if any such thing exists in them) would
oblige them to cover, to conceal, to suppress, and consequently to prevent
reform will be in the confidence which ought to be reposed in those names.
For my part, Sir, in this business I put all indirect considerations wholly
out of my mind. My sole question, on each clause of the bill, amounts to
this:—Is the measure proposed required by the necessities of India? I
cannot consent totally to lose sight of the real wants of the people who are
the objects of it, and to hunt after every matter of party squabble that may
be started on the several provisions. On the question of the duration of the
commission I am clear and decided. Can I, can any one who has taken the
smallest trouble to be informed concerning the affairs of India, amuse
himself with so strange an imagination as that the habitual despotism and
oppression, that the monopolies, the peculations, the universal destruction
of all the legal authority of this kingdom, which have been for twenty years
maturing to their present enormity, combined with the distance of the scene,
the boldness and artifice of delinquents, their combination, their excessive
wealth, and the faction they have made in England, can be fully corrected in
a shorter term than four years? None has hazarded such an assertion; none
who has a regard for his reputation will hazard it.
Sir, the gentlemen, whoever they are, who shall be appointed to this
commission, have an undertaking of magnitude on their hands, and their
stability must not only be, but it must be thought, real; and who is it will
believe that anything short of an establishment made, supported, and fixed
in its duration, with all the authority of Parliament, can be thought secure of
a reasonable stability? The plan of my honorable friend is the reverse of that
of reforming by the authors of the abuse. The best we could expect from
them is, that they should not continue their ancient, pernicious activity. To
those we could think of nothing but applying control; as we are sure that
even a regard to their reputation (if any such thing exists in them) would
oblige them to cover, to conceal, to suppress, and consequently to prevent
Page 445
all cure of the grievances of India. For what can be discovered which is not
to their disgrace? Every attempt to correct an abuse would be a satire on
their former administration. Every man they should pretend to call to an
account would be found their instrument, or their accomplice. They can
never see a beneficial regulation, but with a view to defeat it. The shorter
the tenure of such persons, the better would be the chance of some
amendment.
But the system of the bill is different. It calls in persons in no wise
concerned with any act censured by Parliament,—persons generated with,
and for, the reform, of which they are themselves the most essential part. To
these the chief regulations in the bill are helps, not fetters: they are
authorities to support, not regulations to restrain them. From these we look
for much more than innocence. From these we expect zeal, firmness, and
unremitted activity. Their duty, their character, binds them to proceedings of
vigor; and they ought to have a tenure in their office which precludes all
fear, whilst they are acting up to the purposes of their trust,—a tenure
without which none will undertake plans that require a series and system of
acts. When they know that they cannot be whispered out of their duty, that
their public conduct cannot be censured without a public discussion, that
the schemes which they have begun will not be committed to those who
will have an interest and credit in defeating and disgracing them, then we
may entertain hopes. The tenure is for four years, or during their good
behavior. That good behavior is as long as they are true to the principles of
the bill; and the judgment is in either House of Parliament. This is the
tenure of your judges; and the valuable principle of the bill is to make a
judicial administration for India. It is to give confidence in the execution of
a duty which requires as much perseverance and fortitude as can fall to the
lot of any that is born of woman.
to their disgrace? Every attempt to correct an abuse would be a satire on
their former administration. Every man they should pretend to call to an
account would be found their instrument, or their accomplice. They can
never see a beneficial regulation, but with a view to defeat it. The shorter
the tenure of such persons, the better would be the chance of some
amendment.
But the system of the bill is different. It calls in persons in no wise
concerned with any act censured by Parliament,—persons generated with,
and for, the reform, of which they are themselves the most essential part. To
these the chief regulations in the bill are helps, not fetters: they are
authorities to support, not regulations to restrain them. From these we look
for much more than innocence. From these we expect zeal, firmness, and
unremitted activity. Their duty, their character, binds them to proceedings of
vigor; and they ought to have a tenure in their office which precludes all
fear, whilst they are acting up to the purposes of their trust,—a tenure
without which none will undertake plans that require a series and system of
acts. When they know that they cannot be whispered out of their duty, that
their public conduct cannot be censured without a public discussion, that
the schemes which they have begun will not be committed to those who
will have an interest and credit in defeating and disgracing them, then we
may entertain hopes. The tenure is for four years, or during their good
behavior. That good behavior is as long as they are true to the principles of
the bill; and the judgment is in either House of Parliament. This is the
tenure of your judges; and the valuable principle of the bill is to make a
judicial administration for India. It is to give confidence in the execution of
a duty which requires as much perseverance and fortitude as can fall to the
lot of any that is born of woman.
Page 446
As to the gain by party from the right honorable gentleman's bill, let it be
shown that this supposed party advantage is pernicious to its object, and the
objection is of weight; but until this is done, (and this has not been
attempted,) I shall consider the sole objection from its tendency to promote
the interest of a party as altogether contemptible. The kingdom is divided
into parties, and it ever has been so divided, and it ever will be so divided;
and if no system for relieving the subjects of this kingdom from oppression,
and snatching its affairs from ruin, can be adopted, until it is demonstrated
that no party can derive an advantage from it, no good can ever be done in
this country. If party is to derive an advantage from the reform of India,
(which is more than I know or believe,) it ought to be that party which
alone in this kingdom has its reputation, nay, its very being, pledged to the
protection and preservation of that part of the empire. Great fear is
expressed that the commissioners named in this bill will show some regard
to a minister out of place. To men made like the objectors this must appear
criminal. Let it, however, be remembered by others, that, if the
commissioners should be his friends, they cannot be his slaves. But
dependants are not in a condition to adhere to friends, nor to principles, nor
to any uniform line of conduct. They may begin censors, and be obliged to
end accomplices. They may be even put under the direction of those whom
they were appointed to punish.
The fourth and last objection is, that the bill will hurt public credit. I do
not know whether this requires an answer. But if it does, look to your
foundations. The sinking fund is the pillar of credit in this country; and let it
not be forgot, that the distresses, owing to the mismanagement, of the East
India Company, have already taken a million from that fund by the non-
payment of duties. The bills drawn upon the Company, which are about four
millions, cannot be accepted without the consent of the Treasury. The
Treasury, acting under a Parliamentary trust and authority, pledges the
public for these millions. If they pledge the public, the public must have a
shown that this supposed party advantage is pernicious to its object, and the
objection is of weight; but until this is done, (and this has not been
attempted,) I shall consider the sole objection from its tendency to promote
the interest of a party as altogether contemptible. The kingdom is divided
into parties, and it ever has been so divided, and it ever will be so divided;
and if no system for relieving the subjects of this kingdom from oppression,
and snatching its affairs from ruin, can be adopted, until it is demonstrated
that no party can derive an advantage from it, no good can ever be done in
this country. If party is to derive an advantage from the reform of India,
(which is more than I know or believe,) it ought to be that party which
alone in this kingdom has its reputation, nay, its very being, pledged to the
protection and preservation of that part of the empire. Great fear is
expressed that the commissioners named in this bill will show some regard
to a minister out of place. To men made like the objectors this must appear
criminal. Let it, however, be remembered by others, that, if the
commissioners should be his friends, they cannot be his slaves. But
dependants are not in a condition to adhere to friends, nor to principles, nor
to any uniform line of conduct. They may begin censors, and be obliged to
end accomplices. They may be even put under the direction of those whom
they were appointed to punish.
The fourth and last objection is, that the bill will hurt public credit. I do
not know whether this requires an answer. But if it does, look to your
foundations. The sinking fund is the pillar of credit in this country; and let it
not be forgot, that the distresses, owing to the mismanagement, of the East
India Company, have already taken a million from that fund by the non-
payment of duties. The bills drawn upon the Company, which are about four
millions, cannot be accepted without the consent of the Treasury. The
Treasury, acting under a Parliamentary trust and authority, pledges the
public for these millions. If they pledge the public, the public must have a
Page 447
security in its hands for the management of this interest, or the national
credit is gone. For otherwise it is not only the East India Company, which is
a great interest, that is undone, but, clinging to the security of all your
funds, it drags down the rest, and the whole fabric perishes in one ruin. If
this bill does not provide a direction of integrity and of ability competent to
that trust, the objection is fatal; if it does, public credit must depend on the
support of the bill.
It has been said, If you violate this charter, what security has the charter
of the Bank, in which public credit is so deeply concerned, and even the
charter of London, in which the rights of so many subjects are involved? I
answer, In the like case they have no security at all,—no, no security at all.
If the Bank should, by every species of mismanagement, fall into a state
similar to that of the East India Company,—if it should be oppressed with
demands it could not answer, engagements which it could not perform, and
with bills for which it could not procure payment,—no charter should
protect the mismanagement from correction, and such public grievances
from redress. If the city of London had the means and will of destroying an
empire, and of cruelly oppressing and tyrannizing over millions of men as
good as themselves, the charter of the city of London should prove no
sanction to such tyranny and such oppression. Charters are kept, when their
purposes are maintained: they are violated, when the privilege is supported
against its end and its object.
Now, Sir, I have finished all I proposed to say, as my reasons for giving
my vote to this bill. If I am wrong, it is not for want of pains to know what
is right. This pledge, at least, of my rectitude I have given to my country.
And now, having done my duty to the bill, let me say a word to the
author. I should leave him to his own noble sentiments, if the unworthy and
illiberal language with which he has been treated, beyond all example of
credit is gone. For otherwise it is not only the East India Company, which is
a great interest, that is undone, but, clinging to the security of all your
funds, it drags down the rest, and the whole fabric perishes in one ruin. If
this bill does not provide a direction of integrity and of ability competent to
that trust, the objection is fatal; if it does, public credit must depend on the
support of the bill.
It has been said, If you violate this charter, what security has the charter
of the Bank, in which public credit is so deeply concerned, and even the
charter of London, in which the rights of so many subjects are involved? I
answer, In the like case they have no security at all,—no, no security at all.
If the Bank should, by every species of mismanagement, fall into a state
similar to that of the East India Company,—if it should be oppressed with
demands it could not answer, engagements which it could not perform, and
with bills for which it could not procure payment,—no charter should
protect the mismanagement from correction, and such public grievances
from redress. If the city of London had the means and will of destroying an
empire, and of cruelly oppressing and tyrannizing over millions of men as
good as themselves, the charter of the city of London should prove no
sanction to such tyranny and such oppression. Charters are kept, when their
purposes are maintained: they are violated, when the privilege is supported
against its end and its object.
Now, Sir, I have finished all I proposed to say, as my reasons for giving
my vote to this bill. If I am wrong, it is not for want of pains to know what
is right. This pledge, at least, of my rectitude I have given to my country.
And now, having done my duty to the bill, let me say a word to the
author. I should leave him to his own noble sentiments, if the unworthy and
illiberal language with which he has been treated, beyond all example of
Page 448
Parliamentary liberty, did not make a few words necessary,—not so much in
justice to him as to my own feelings. I must say, then, that it will be a
distinction honorable to the age, that the rescue of the greatest number of
the human race that ever were so grievously oppressed from the greatest
tyranny that was ever exercised has fallen to the lot of abilities and
dispositions equal to the task,—that it has fallen to one who has the
enlargement to comprehend, the spirit to undertake, and the eloquence to
support so great a measure of hazardous benevolence. His spirit is not
owing to his ignorance of the state of men and things: he well knows what
snares are spread about his path, from personal animosity, from court
intrigues, and possibly from popular delusion. But he has put to hazard his
ease, his security, his interest, his power, even his darling popularity, for the
benefit of a people whom he has never seen. This is the road that all heroes
have trod before him. He is traduced and abused for his supposed motives.
He will remember that obloquy is a necessary ingredient in the composition
of all true glory: he will remember that it was not only in the Roman
customs, but it is in the nature and constitution of things, that calumny and
abuse are essential parts of triumph. These thoughts will support a mind
which only exists for honor under the burden of temporary reproach. He is
doing, indeed, a great good,—such as rarely falls to the lot, and almost as
rarely coincides with the desires, of any man. Let him use his time. Let him
give the whole length of the reins to his benevolence. He is now on a great
eminence, where the eyes of mankind are turned to him. He may live long,
he may do much; but here is the summit: he never can exceed what he does
this day.
He has faults; but they are faults that, though they may in a small degree
tarnish the lustre and sometimes impede the march of his abilities, have
nothing in them to extinguish the fire of great virtues. In those faults there is
no mixture of deceit, of hypocrisy, of pride, of ferocity, of complexional
despotism, or want of feeling for the distresses of mankind. His are faults
justice to him as to my own feelings. I must say, then, that it will be a
distinction honorable to the age, that the rescue of the greatest number of
the human race that ever were so grievously oppressed from the greatest
tyranny that was ever exercised has fallen to the lot of abilities and
dispositions equal to the task,—that it has fallen to one who has the
enlargement to comprehend, the spirit to undertake, and the eloquence to
support so great a measure of hazardous benevolence. His spirit is not
owing to his ignorance of the state of men and things: he well knows what
snares are spread about his path, from personal animosity, from court
intrigues, and possibly from popular delusion. But he has put to hazard his
ease, his security, his interest, his power, even his darling popularity, for the
benefit of a people whom he has never seen. This is the road that all heroes
have trod before him. He is traduced and abused for his supposed motives.
He will remember that obloquy is a necessary ingredient in the composition
of all true glory: he will remember that it was not only in the Roman
customs, but it is in the nature and constitution of things, that calumny and
abuse are essential parts of triumph. These thoughts will support a mind
which only exists for honor under the burden of temporary reproach. He is
doing, indeed, a great good,—such as rarely falls to the lot, and almost as
rarely coincides with the desires, of any man. Let him use his time. Let him
give the whole length of the reins to his benevolence. He is now on a great
eminence, where the eyes of mankind are turned to him. He may live long,
he may do much; but here is the summit: he never can exceed what he does
this day.
He has faults; but they are faults that, though they may in a small degree
tarnish the lustre and sometimes impede the march of his abilities, have
nothing in them to extinguish the fire of great virtues. In those faults there is
no mixture of deceit, of hypocrisy, of pride, of ferocity, of complexional
despotism, or want of feeling for the distresses of mankind. His are faults
Page 449
which might exist in a descendant of Henry the Fourth of France, as they
did exist in that father of his country. Henry the Fourth wished that he might
live to see a fowl in the pot of every peasant in his kingdom. That sentiment
of homely benevolence was worth all the splendid sayings that are recorded
of kings. But he wished perhaps for more than could be obtained, and the
goodness of the man exceeded the power of the king. But this gentleman, a
subject, may this day say this at least with truth,—that he secures the rice in
his pot to every man in India. A poet of antiquity thought it one of the first
distinctions to a prince whom he meant to celebrate, that through a long
succession of generations he had been the progenitor of an able and
virtuous citizen who by force of the arts of peace had corrected
governments of oppression and suppressed wars of rapine.
Indole proh quanta juvenis, quantumque daturus
Ausoniæ populis ventura in sæcula civem!
Ille super Gangem, super exauditus et Indos,
Implebit terras voce, et furialia bella
Fulmine compescet linguæ.—
This was what was said of the predecessor of the only person to whose
eloquence it does not wrong that of the mover of this bill to be compared.
But the Ganges and the Indus are the patrimony of the fame of my
honorable friend, and not of Cicero. I confess I anticipate with joy the
reward of those whose whole consequence, power, and authority exist only
for the benefit of mankind; and I carry my mind to all the people, and all the
names and descriptions, that, relieved by this bill, will bless the labors of
this Parliament, and the confidence which the best House of Commons has
given to him who the best deserves it. The little cavils of party will not be
heard where freedom and happiness will be felt. There is not a tongue, a
nation, or religion in India, which will not bless the presiding care and
manly beneficence of this House, and of him who proposes to you this great
work. Your names will never be separated before the throne of the Divine
did exist in that father of his country. Henry the Fourth wished that he might
live to see a fowl in the pot of every peasant in his kingdom. That sentiment
of homely benevolence was worth all the splendid sayings that are recorded
of kings. But he wished perhaps for more than could be obtained, and the
goodness of the man exceeded the power of the king. But this gentleman, a
subject, may this day say this at least with truth,—that he secures the rice in
his pot to every man in India. A poet of antiquity thought it one of the first
distinctions to a prince whom he meant to celebrate, that through a long
succession of generations he had been the progenitor of an able and
virtuous citizen who by force of the arts of peace had corrected
governments of oppression and suppressed wars of rapine.
Indole proh quanta juvenis, quantumque daturus
Ausoniæ populis ventura in sæcula civem!
Ille super Gangem, super exauditus et Indos,
Implebit terras voce, et furialia bella
Fulmine compescet linguæ.—
This was what was said of the predecessor of the only person to whose
eloquence it does not wrong that of the mover of this bill to be compared.
But the Ganges and the Indus are the patrimony of the fame of my
honorable friend, and not of Cicero. I confess I anticipate with joy the
reward of those whose whole consequence, power, and authority exist only
for the benefit of mankind; and I carry my mind to all the people, and all the
names and descriptions, that, relieved by this bill, will bless the labors of
this Parliament, and the confidence which the best House of Commons has
given to him who the best deserves it. The little cavils of party will not be
heard where freedom and happiness will be felt. There is not a tongue, a
nation, or religion in India, which will not bless the presiding care and
manly beneficence of this House, and of him who proposes to you this great
work. Your names will never be separated before the throne of the Divine
Page 450
Goodness, in whatever language, or with whatever rites, pardon is asked for
sin, and reward for those who imitate the Godhead in His universal bounty
to His creatures. These honors you deserve, and they will surely be paid,
when all the jargon of influence and party and patronage are swept into
oblivion.
I have spoken what I think, and what I feel, of the mover of this bill. An
honorable friend of mine, speaking of his merits, was charged with having
made a studied panegyric. I don't know what his was. Mine, I am sure, is a
studied panegyric,—the fruit of much meditation, the result of the
observation of near twenty years. For my own part, I am happy that I have
lived to see this day; I feel myself overpaid for the labors of eighteen years,
when, at this late period, I am able to take my share, by one humble vote, in
destroying a tyranny that exists to the disgrace of this nation and the
destruction of so large a part of the human species.
FOOTNOTES:
[52] An allusion made by Mr. Powis.
[53] Mr. Pitt.
[54] Mr. Pitt.
[55] Mr. Dundas, Lord Advocate of Scotland.
[56] The paltry foundation at Calcutta is scarcely worth naming as an
exception.
[57] Mr. Fox.
[58] Governor Johnstone.
sin, and reward for those who imitate the Godhead in His universal bounty
to His creatures. These honors you deserve, and they will surely be paid,
when all the jargon of influence and party and patronage are swept into
oblivion.
I have spoken what I think, and what I feel, of the mover of this bill. An
honorable friend of mine, speaking of his merits, was charged with having
made a studied panegyric. I don't know what his was. Mine, I am sure, is a
studied panegyric,—the fruit of much meditation, the result of the
observation of near twenty years. For my own part, I am happy that I have
lived to see this day; I feel myself overpaid for the labors of eighteen years,
when, at this late period, I am able to take my share, by one humble vote, in
destroying a tyranny that exists to the disgrace of this nation and the
destruction of so large a part of the human species.
FOOTNOTES:
[52] An allusion made by Mr. Powis.
[53] Mr. Pitt.
[54] Mr. Pitt.
[55] Mr. Dundas, Lord Advocate of Scotland.
[56] The paltry foundation at Calcutta is scarcely worth naming as an
exception.
[57] Mr. Fox.
[58] Governor Johnstone.
Page 451
Page 452
A
REPRESENTATION TO HIS MAJESTY,
MOVED IN
THE HOUSE OF COMMONS
BY THE RIGHT HON. EDMUND BURKE, AND SECONDED
BY WILLIAM WINDHAM, ESQ.,
ON MONDAY, JUNE 14, 1784,
AND NEGATIVED.
WITH A PREFACE AND NOTES.
REPRESENTATION TO HIS MAJESTY,
MOVED IN
THE HOUSE OF COMMONS
BY THE RIGHT HON. EDMUND BURKE, AND SECONDED
BY WILLIAM WINDHAM, ESQ.,
ON MONDAY, JUNE 14, 1784,
AND NEGATIVED.
WITH A PREFACE AND NOTES.
Page 453
PREFACE.
The representation now given to the public relates to some of the most
essential privileges of the House of Commons. It would appear of little
importance, if it were to be judged by its reception in the place where it was
proposed. There it was rejected without debate. The subject matter may,
perhaps, hereafter appear to merit a more serious consideration. Thinking
men will scarcely regard the penal dissolution of a Parliament as a very
trifling concern. Such a dissolution must operate forcibly as an example;
and it much imports the people of this kingdom to consider what lesson that
example is to teach.
The late House of Commons was not accused of an interested compliance
to the will of a court. The charge against them was of a different nature.
They were charged with being actuated by an extravagant spirit of
independency. This species of offence is so closely connected with merit,
this vice bears so near a resemblance to virtue, that the flight of a House of
Commons above the exact temperate medium of independence ought to be
correctly ascertained, lest we give encouragement to dispositions of a less
generous nature, and less safe for the people; we ought to call for very solid
and convincing proofs of the existence, and of the magnitude, too, of the
evils which are charged to an independent spirit, before we give sanction to
any measure, that, by checking a spirit so easily damped, and so hard to be
excited, may affect the liberty of a part of our Constitution, which, if not
free, is worse than useless.
The representation now given to the public relates to some of the most
essential privileges of the House of Commons. It would appear of little
importance, if it were to be judged by its reception in the place where it was
proposed. There it was rejected without debate. The subject matter may,
perhaps, hereafter appear to merit a more serious consideration. Thinking
men will scarcely regard the penal dissolution of a Parliament as a very
trifling concern. Such a dissolution must operate forcibly as an example;
and it much imports the people of this kingdom to consider what lesson that
example is to teach.
The late House of Commons was not accused of an interested compliance
to the will of a court. The charge against them was of a different nature.
They were charged with being actuated by an extravagant spirit of
independency. This species of offence is so closely connected with merit,
this vice bears so near a resemblance to virtue, that the flight of a House of
Commons above the exact temperate medium of independence ought to be
correctly ascertained, lest we give encouragement to dispositions of a less
generous nature, and less safe for the people; we ought to call for very solid
and convincing proofs of the existence, and of the magnitude, too, of the
evils which are charged to an independent spirit, before we give sanction to
any measure, that, by checking a spirit so easily damped, and so hard to be
excited, may affect the liberty of a part of our Constitution, which, if not
free, is worse than useless.
Page 454
The Editor does not deny that by possibility such an abuse may exist: but,
primâ fronte, there is no reason to presume it. The House of Commons is
not, by its complexion, peculiarly subject to the distempers of an
independent habit. Very little compulsion is necessary, on the part of the
people, to render it abundantly complaisant to ministers and favorites of all
descriptions. It required a great length of time, very considerable industry
and perseverance, no vulgar policy, the union of many men and many
tempers, and the concurrence of events which do not happen every day, to
build up an independent House of Commons. Its demolition was
accomplished in a moment; and it was the work of ordinary hands. But to
construct is a matter of skill; to demolish, force and fury are sufficient.
The late House of Commons has been punished for its independence.
That example is made. Have we an example on record of a House of
Commons punished for its servility? The rewards of a senate so disposed
are manifest to the world. Several gentlemen are very desirous of altering
the constitution of the House of Commons; but they must alter the frame
and constitution of human nature itself, before they can so fashion it, by any
mode of election, that its conduct will not be influenced by reward and
punishment, by fame and by disgrace. If these examples take root in the
minds of men, what members hereafter will be bold enough not to be
corrupt, especially as the king's highway of obsequiousness is so very broad
and easy? To make a passive member of Parliament, no dignity of mind, no
principles of honor, no resolution, no ability, no industry, no learning, no
experience, are in the least degree necessary. To defend a post of
importance against a powerful enemy requires an Eliot; a drunken invalid is
qualified to hoist a white flag, or to deliver up the keys of the fortress on his
knees.
The gentlemen chosen into this Parliament, for the purpose of this
surrender, were bred to better things, and are no doubt qualified for other
primâ fronte, there is no reason to presume it. The House of Commons is
not, by its complexion, peculiarly subject to the distempers of an
independent habit. Very little compulsion is necessary, on the part of the
people, to render it abundantly complaisant to ministers and favorites of all
descriptions. It required a great length of time, very considerable industry
and perseverance, no vulgar policy, the union of many men and many
tempers, and the concurrence of events which do not happen every day, to
build up an independent House of Commons. Its demolition was
accomplished in a moment; and it was the work of ordinary hands. But to
construct is a matter of skill; to demolish, force and fury are sufficient.
The late House of Commons has been punished for its independence.
That example is made. Have we an example on record of a House of
Commons punished for its servility? The rewards of a senate so disposed
are manifest to the world. Several gentlemen are very desirous of altering
the constitution of the House of Commons; but they must alter the frame
and constitution of human nature itself, before they can so fashion it, by any
mode of election, that its conduct will not be influenced by reward and
punishment, by fame and by disgrace. If these examples take root in the
minds of men, what members hereafter will be bold enough not to be
corrupt, especially as the king's highway of obsequiousness is so very broad
and easy? To make a passive member of Parliament, no dignity of mind, no
principles of honor, no resolution, no ability, no industry, no learning, no
experience, are in the least degree necessary. To defend a post of
importance against a powerful enemy requires an Eliot; a drunken invalid is
qualified to hoist a white flag, or to deliver up the keys of the fortress on his
knees.
The gentlemen chosen into this Parliament, for the purpose of this
surrender, were bred to better things, and are no doubt qualified for other
Page 455
service. But for this strenuous exertion of inactivity, for the vigorous task of
submission and passive obedience, all their learning and ability are rather a
matter of personal ornament to themselves than of the least use in the
performance of their duty.
The present surrender, therefore, of rights and privileges without
examination, and the resolution to support any minister given by the secret
advisers of the crown, determines not only on all the power and authority of
the House, but it settles the character and description of the men who are to
compose it, and perpetuates that character as long as it may be thought
expedient to keep up a phantom of popular representation.
It is for the chance of some amendment before this new settlement takes
a permanent form, and while the matter is yet soft and ductile, that the
Editor has republished this piece, and added some notes and explanations to
it. His intentions, he hopes, will excuse him to the original mover, and to
the world. He acts from a strong sense of the incurable ill effects of holding
out the conduct of the late House of Commons as an example to be shunned
by future representatives of the people.
submission and passive obedience, all their learning and ability are rather a
matter of personal ornament to themselves than of the least use in the
performance of their duty.
The present surrender, therefore, of rights and privileges without
examination, and the resolution to support any minister given by the secret
advisers of the crown, determines not only on all the power and authority of
the House, but it settles the character and description of the men who are to
compose it, and perpetuates that character as long as it may be thought
expedient to keep up a phantom of popular representation.
It is for the chance of some amendment before this new settlement takes
a permanent form, and while the matter is yet soft and ductile, that the
Editor has republished this piece, and added some notes and explanations to
it. His intentions, he hopes, will excuse him to the original mover, and to
the world. He acts from a strong sense of the incurable ill effects of holding
out the conduct of the late House of Commons as an example to be shunned
by future representatives of the people.
Page 456
MOTION
RELATIVE TO
THE SPEECH FROM THE THRONE.
RELATIVE TO
THE SPEECH FROM THE THRONE.
Page 457
LUNÆ, 14° DIE JUNII, 1784.
A motion was made, That a representation be presented to his Majesty, most
humbly to offer to his royal consideration, that the address of this House,
upon his Majesty's speech from the throne, was dictated solely by our
conviction of his Majesty's own most gracious intentions towards his
people, which, as we feel with gratitude, so we are ever ready to
acknowledge with cheerfulness and satisfaction.
Impressed with these sentiments, we were willing to separate from our
general expressions of duty, respect, and veneration to his Majesty's royal
person and his princely virtues all discussion whatever with relation to
several of the matters suggested and several of the expressions employed in
that speech.
That it was not fit or becoming that any decided opinion should be
formed by his faithful Commons on that speech, without a degree of
deliberation adequate to the importance of the object. Having afforded
ourselves due time for that deliberation, we do now most humbly beg leave
to represent to his Majesty, that, in the speech from the throne, his ministers
have thought proper to use a language of a very alarming import,
unauthorized by the practice of good times, and irreconcilable to the
principles of this government.
Humbly to express to his Majesty, that it is the privilege and duty of this
House to guard the Constitution from all infringement on the part of
ministers, and, whenever the occasion requires it, to warn them against any
A motion was made, That a representation be presented to his Majesty, most
humbly to offer to his royal consideration, that the address of this House,
upon his Majesty's speech from the throne, was dictated solely by our
conviction of his Majesty's own most gracious intentions towards his
people, which, as we feel with gratitude, so we are ever ready to
acknowledge with cheerfulness and satisfaction.
Impressed with these sentiments, we were willing to separate from our
general expressions of duty, respect, and veneration to his Majesty's royal
person and his princely virtues all discussion whatever with relation to
several of the matters suggested and several of the expressions employed in
that speech.
That it was not fit or becoming that any decided opinion should be
formed by his faithful Commons on that speech, without a degree of
deliberation adequate to the importance of the object. Having afforded
ourselves due time for that deliberation, we do now most humbly beg leave
to represent to his Majesty, that, in the speech from the throne, his ministers
have thought proper to use a language of a very alarming import,
unauthorized by the practice of good times, and irreconcilable to the
principles of this government.
Humbly to express to his Majesty, that it is the privilege and duty of this
House to guard the Constitution from all infringement on the part of
ministers, and, whenever the occasion requires it, to warn them against any
Page 458
abuse of the authorities committed to them; but it is very lately,[59] that, in a
manner not more unseemly than irregular and preposterous, ministers have
thought proper, by admonition from the throne, implying distrust and
reproach, to convey the expectations of the people to us, their sole
representatives, [60] and have presumed to caution us, the natural guardians
of the Constitution, against any infringement of it on our parts.
This dangerous innovation we, his faithful Commons, think it our duty to
mark; and as these admonitions from the throne, by their frequent
repetition, seem intended to lead gradually to the establishment of an usage,
we hold ourselves bound thus solemnly to protest against them.
This House will be, as it ever ought to be, anxiously attentive to the
inclinations and interests of its constituents; nor do we desire to straiten any
of the avenues to the throne, or to either House of Parliament. But the
ancient order in which the rights of the people have been exercised is not a
restriction of these rights. It is a method providently framed in favor of
those privileges which it preserves and enforces, by keeping in that course
which has been found the most effectual for answering their ends. His
Majesty may receive the opinions and wishes of individuals under their
signatures, and of bodies corporate under their seals, as expressing their
own particular sense; and he may grant such redress as the legal powers of
the crown enable the crown to afford. This, and the other House of
Parliament, may also receive the wishes of such corporations and
individuals by petition. The collective sense of his people his Majesty is to
receive from his Commons in Parliament assembled. It would destroy the
whole spirit of the Constitution, if his Commons were to receive that sense
from the ministers of the crown, or to admit them to be a proper or a regular
channel for conveying it.
manner not more unseemly than irregular and preposterous, ministers have
thought proper, by admonition from the throne, implying distrust and
reproach, to convey the expectations of the people to us, their sole
representatives, [60] and have presumed to caution us, the natural guardians
of the Constitution, against any infringement of it on our parts.
This dangerous innovation we, his faithful Commons, think it our duty to
mark; and as these admonitions from the throne, by their frequent
repetition, seem intended to lead gradually to the establishment of an usage,
we hold ourselves bound thus solemnly to protest against them.
This House will be, as it ever ought to be, anxiously attentive to the
inclinations and interests of its constituents; nor do we desire to straiten any
of the avenues to the throne, or to either House of Parliament. But the
ancient order in which the rights of the people have been exercised is not a
restriction of these rights. It is a method providently framed in favor of
those privileges which it preserves and enforces, by keeping in that course
which has been found the most effectual for answering their ends. His
Majesty may receive the opinions and wishes of individuals under their
signatures, and of bodies corporate under their seals, as expressing their
own particular sense; and he may grant such redress as the legal powers of
the crown enable the crown to afford. This, and the other House of
Parliament, may also receive the wishes of such corporations and
individuals by petition. The collective sense of his people his Majesty is to
receive from his Commons in Parliament assembled. It would destroy the
whole spirit of the Constitution, if his Commons were to receive that sense
from the ministers of the crown, or to admit them to be a proper or a regular
channel for conveying it.
Page 459
That the ministers in the said speech declare, "His Majesty has a just and
confident reliance that we (his faithful Commons) are animated with the
same sentiments of loyalty, and the same attachment to our excellent
Constitution which he had the happiness to see so fully manifested in every
part of the kingdom."
To represent, that his faithful Commons have never foiled in loyalty to
his Majesty. It is new to them to be reminded of it. It is unnecessary and
invidious to press it upon them by any example. This recommendation of
loyalty, after his Majesty has sat for so many years, with the full support of
all descriptions of his subjects, on the throne of this kingdom, at a time of
profound peace, and without any pretence of the existence or apprehension
of war or conspiracy, becomes in itself a source of no small jealousy to his
faithful Commons; as many circumstances lead us to apprehend that therein
the ministers have reference to some other measures and principles of
loyalty, and to some other ideas of the Constitution, than the laws require,
or the practice of Parliament will admit.
No regular communication of the proofs of loyalty and attachment to the
Constitution, alluded to in the speech from the throne, have been laid before
this House, in order to enable us to judge of the nature, tendency, or
occasion of them, or in what particular acts they were displayed; but if we
are to suppose the manifestations of loyalty (which are held out to us as an
example for imitation) consist in certain addresses delivered to his Majesty,
promising support to his Majesty in the exercise of his prerogative, and
thanking his Majesty for removing certain of his ministers, on account of
the votes they have given upon bills depending in Parliament,—if this be
the example of loyalty alluded to in the speech from the throne, then we
must beg leave to express our serious concern for the impression which has
been made on any of our fellow-subjects by misrepresentations which have
seduced them into a seeming approbation of proceedings subversive of their
confident reliance that we (his faithful Commons) are animated with the
same sentiments of loyalty, and the same attachment to our excellent
Constitution which he had the happiness to see so fully manifested in every
part of the kingdom."
To represent, that his faithful Commons have never foiled in loyalty to
his Majesty. It is new to them to be reminded of it. It is unnecessary and
invidious to press it upon them by any example. This recommendation of
loyalty, after his Majesty has sat for so many years, with the full support of
all descriptions of his subjects, on the throne of this kingdom, at a time of
profound peace, and without any pretence of the existence or apprehension
of war or conspiracy, becomes in itself a source of no small jealousy to his
faithful Commons; as many circumstances lead us to apprehend that therein
the ministers have reference to some other measures and principles of
loyalty, and to some other ideas of the Constitution, than the laws require,
or the practice of Parliament will admit.
No regular communication of the proofs of loyalty and attachment to the
Constitution, alluded to in the speech from the throne, have been laid before
this House, in order to enable us to judge of the nature, tendency, or
occasion of them, or in what particular acts they were displayed; but if we
are to suppose the manifestations of loyalty (which are held out to us as an
example for imitation) consist in certain addresses delivered to his Majesty,
promising support to his Majesty in the exercise of his prerogative, and
thanking his Majesty for removing certain of his ministers, on account of
the votes they have given upon bills depending in Parliament,—if this be
the example of loyalty alluded to in the speech from the throne, then we
must beg leave to express our serious concern for the impression which has
been made on any of our fellow-subjects by misrepresentations which have
seduced them into a seeming approbation of proceedings subversive of their
Page 460
own freedom. We conceive that the opinions delivered in these papers were
not well considered; nor were the parties duly informed of the nature of the
matters on which they were called to determine, nor of those proceedings of
Parliament which they were led to censure.
We shall act more advisedly.—The loyalty we shall manifest will not be
the same with theirs; but, we trust, it will be equally sincere, and more
enlightened. It is no slight authority which shall persuade us (by receiving
as proofs of loyalty the mistaken principles lightly taken up in these
addresses) obliquely to criminate, with the heavy and ungrounded charge of
disloyalty and disaffection, an uncorrupt, independent, and reforming
Parliament. [61] Above all, we shall take care that none of the rights and
privileges, always claimed, and since the accession of his Majesty's
illustrious family constantly exercised by this House, (and which we hold
and exercise in trust for the Commons of Great Britain, and for their
benefit,) shall be constructively surrendered, or even weakened and
impaired, under ambiguous phrases and implications of censure on the late
Parliamentary proceedings. If these claims are not well founded, they ought
to be honestly abandoned; if they are just, they ought to be steadily and
resolutely maintained.
Of his Majesty's own gracious disposition towards the true principles of
our free Constitution his faithful Commons never did or could entertain a
doubt; but we humbly beg leave to express to his Majesty our uneasiness
concerning other new and unusual expressions of his ministers, declaratory
of a resolution "to support in their just balance the rights and privileges of
every branch of the legislature."
It were desirable that all hazardous theories concerning a balance of
rights and privileges (a mode of expression wholly foreign to Parliamentary
usage) might have been forborne. His Majesty's faithful Commons are well
not well considered; nor were the parties duly informed of the nature of the
matters on which they were called to determine, nor of those proceedings of
Parliament which they were led to censure.
We shall act more advisedly.—The loyalty we shall manifest will not be
the same with theirs; but, we trust, it will be equally sincere, and more
enlightened. It is no slight authority which shall persuade us (by receiving
as proofs of loyalty the mistaken principles lightly taken up in these
addresses) obliquely to criminate, with the heavy and ungrounded charge of
disloyalty and disaffection, an uncorrupt, independent, and reforming
Parliament. [61] Above all, we shall take care that none of the rights and
privileges, always claimed, and since the accession of his Majesty's
illustrious family constantly exercised by this House, (and which we hold
and exercise in trust for the Commons of Great Britain, and for their
benefit,) shall be constructively surrendered, or even weakened and
impaired, under ambiguous phrases and implications of censure on the late
Parliamentary proceedings. If these claims are not well founded, they ought
to be honestly abandoned; if they are just, they ought to be steadily and
resolutely maintained.
Of his Majesty's own gracious disposition towards the true principles of
our free Constitution his faithful Commons never did or could entertain a
doubt; but we humbly beg leave to express to his Majesty our uneasiness
concerning other new and unusual expressions of his ministers, declaratory
of a resolution "to support in their just balance the rights and privileges of
every branch of the legislature."
It were desirable that all hazardous theories concerning a balance of
rights and privileges (a mode of expression wholly foreign to Parliamentary
usage) might have been forborne. His Majesty's faithful Commons are well
Page 461
instructed in their own rights and privileges, which they are determined to
maintain on the footing upon which they were handed down from their
ancestors; they are not unacquainted with the rights and privileges of the
House of Peers; and they know and respect the lawful prerogatives of the
crown: but they do not think it safe to admit anything concerning the
existence of a balance of those rights, privileges, and prerogatives; nor are
they able to discern to what objects ministers would apply their fiction of a
balance, nor what they would consider as a just one. These unauthorized
doctrines have a tendency to stir improper discussions, and to lead to
mischievous innovations in the Constitution. [62]
That his faithful Commons most humbly recommend, instead of the
inconsiderate speculations of unexperienced men, that, on all occasions,
resort should be had to the happy practice of Parliament, and to those solid
maxims of government which have prevailed since the accession of his
Majesty's illustrious family, as furnishing the only safe principles on which
the crown and Parliament can proceed.
We think it the more necessary to be cautious on this head, as, in the last
Parliament, the present ministers had thought proper to countenance, if not
to suggest, an attack upon the most clear and undoubted rights and
privileges of this House.[63]
Fearing, from these extraordinary admonitions, and from the new
doctrines, which seem to have dictated several unusual expressions, that his
Majesty has been abused by false representations of the late proceedings in
Parliament, we think it our duty respectfully to inform his Majesty, that no
attempt whatever has been made against his lawful prerogatives, or against
the rights and privileges of the Peers, by the late House of Commons, in any
of their addresses, votes, or resolutions; neither do we know of any
proceeding by bill, in which it was proposed to abridge the extent of his
maintain on the footing upon which they were handed down from their
ancestors; they are not unacquainted with the rights and privileges of the
House of Peers; and they know and respect the lawful prerogatives of the
crown: but they do not think it safe to admit anything concerning the
existence of a balance of those rights, privileges, and prerogatives; nor are
they able to discern to what objects ministers would apply their fiction of a
balance, nor what they would consider as a just one. These unauthorized
doctrines have a tendency to stir improper discussions, and to lead to
mischievous innovations in the Constitution. [62]
That his faithful Commons most humbly recommend, instead of the
inconsiderate speculations of unexperienced men, that, on all occasions,
resort should be had to the happy practice of Parliament, and to those solid
maxims of government which have prevailed since the accession of his
Majesty's illustrious family, as furnishing the only safe principles on which
the crown and Parliament can proceed.
We think it the more necessary to be cautious on this head, as, in the last
Parliament, the present ministers had thought proper to countenance, if not
to suggest, an attack upon the most clear and undoubted rights and
privileges of this House.[63]
Fearing, from these extraordinary admonitions, and from the new
doctrines, which seem to have dictated several unusual expressions, that his
Majesty has been abused by false representations of the late proceedings in
Parliament, we think it our duty respectfully to inform his Majesty, that no
attempt whatever has been made against his lawful prerogatives, or against
the rights and privileges of the Peers, by the late House of Commons, in any
of their addresses, votes, or resolutions; neither do we know of any
proceeding by bill, in which it was proposed to abridge the extent of his
Page 462
royal prerogative: but, if such provision had existed in any bill, we protest,
and we declare, against all speeches, acts, or addresses, from any persons
whatsoever, which have a tendency to consider such bills, or the persons
concerned in them, as just objects of any kind of censure and punishment
from the throne. Necessary reformations may hereafter require, as they have
frequently done in former times, limitations and abridgments, and in some
cases an entire extinction, of some branch of prerogative. If bills should be
improper in the form in which they appear in the House where they
originate, they are liable, by the wisdom of this Constitution, to be
corrected, and even to be totally set aside, elsewhere. This is the known, the
legal, and the safe remedy; but whatever, by the manifestation of the royal
displeasure, tends to intimidate individual members from proposing, or this
House from receiving, debating, and passing bills, tends to prevent even the
beginning of every reformation in the state, and utterly destroys the
deliberative capacity of Parliament. We therefore claim, demand, and insist
upon it, as our undoubted right, that no persons shall be deemed proper
objects of animadversion by the crown, in any mode whatever, for the votes
which they give or the propositions which they make in Parliament.
We humbly conceive, that besides its share of the legislative power, and
its right of impeachment, that, by the law and usage of Parliament, this
House has other powers and capacities, which it is bound to maintain. This
House is assured that our humble advice on the exercise of prerogative will
be heard with the same attention with which it has ever been regarded, and
that it will be followed by the same effects which it has ever produced,
during the happy and glorious reigns of his Majesty's royal progenitors,—
not doubting but that, in all those points, we shall be considered as a council
of wisdom and weight to advise, and not merely as an accuser of
competence to criminate. [64] This House claims both capacities; and we
trust that we shall be left to our free discretion which of them we shall
employ as best calculated for his Majesty's and the national service.
and we declare, against all speeches, acts, or addresses, from any persons
whatsoever, which have a tendency to consider such bills, or the persons
concerned in them, as just objects of any kind of censure and punishment
from the throne. Necessary reformations may hereafter require, as they have
frequently done in former times, limitations and abridgments, and in some
cases an entire extinction, of some branch of prerogative. If bills should be
improper in the form in which they appear in the House where they
originate, they are liable, by the wisdom of this Constitution, to be
corrected, and even to be totally set aside, elsewhere. This is the known, the
legal, and the safe remedy; but whatever, by the manifestation of the royal
displeasure, tends to intimidate individual members from proposing, or this
House from receiving, debating, and passing bills, tends to prevent even the
beginning of every reformation in the state, and utterly destroys the
deliberative capacity of Parliament. We therefore claim, demand, and insist
upon it, as our undoubted right, that no persons shall be deemed proper
objects of animadversion by the crown, in any mode whatever, for the votes
which they give or the propositions which they make in Parliament.
We humbly conceive, that besides its share of the legislative power, and
its right of impeachment, that, by the law and usage of Parliament, this
House has other powers and capacities, which it is bound to maintain. This
House is assured that our humble advice on the exercise of prerogative will
be heard with the same attention with which it has ever been regarded, and
that it will be followed by the same effects which it has ever produced,
during the happy and glorious reigns of his Majesty's royal progenitors,—
not doubting but that, in all those points, we shall be considered as a council
of wisdom and weight to advise, and not merely as an accuser of
competence to criminate. [64] This House claims both capacities; and we
trust that we shall be left to our free discretion which of them we shall
employ as best calculated for his Majesty's and the national service.
Page 463
Whenever we shall see it expedient to offer our advice concerning his
Majesty's servants, who are those of the public, we confidently hope that
the personal favor of any minister, or any set of ministers, will not be more
dear to his Majesty than the credit and character of a House of Commons. It
is an experiment full of peril to put the representative wisdom and justice of
his Majesty's people in the wrong; it is a crooked and desperate design,
leading to mischief, the extent of which no human wisdom can foresee, to
attempt to form a prerogative party in the nation, to be resorted to as
occasion shall require, in derogation, from the authority of the Commons of
Great Britain in Parliament assembled; it is a contrivance full of danger, for
ministers to set up the representative and constituent bodies of the
Commons of this kingdom as two separate and distinct powers, formed to
counterpoise each other, leaving the preference in the hands of secret
advisers of the crown. In such a situation of things, these advisers, taking
advantage of the differences which may accidentally arise or may purposely
be fomented between them, will have it in their choice to resort to the one
or the other, as may best suit the purposes of their sinister ambition. By
exciting an emulation and contest between the representative and the
constituent bodies, as parties contending for credit and influence at the
throne, sacrifices will be made by both; and the whole can end in nothing
else than the destruction of the dearest rights and liberties of the nation. If
there must be another mode of conveying the collective sense of the people
to the throne than that by the House of Commons, it ought to be fixed and
defined, and its authority ought to be settled: it ought not to exist in so
precarious and dependent a state as that ministers should have it in their
power, at their own mere pleasure, to acknowledge it with respect or to
reject it with scorn.
It is the undoubted prerogative of the crown to dissolve Parliament; but
we beg leave to lay before his Majesty, that it is, of all the trusts vested in
his Majesty, the most critical and delicate, and that in which this House has
Majesty's servants, who are those of the public, we confidently hope that
the personal favor of any minister, or any set of ministers, will not be more
dear to his Majesty than the credit and character of a House of Commons. It
is an experiment full of peril to put the representative wisdom and justice of
his Majesty's people in the wrong; it is a crooked and desperate design,
leading to mischief, the extent of which no human wisdom can foresee, to
attempt to form a prerogative party in the nation, to be resorted to as
occasion shall require, in derogation, from the authority of the Commons of
Great Britain in Parliament assembled; it is a contrivance full of danger, for
ministers to set up the representative and constituent bodies of the
Commons of this kingdom as two separate and distinct powers, formed to
counterpoise each other, leaving the preference in the hands of secret
advisers of the crown. In such a situation of things, these advisers, taking
advantage of the differences which may accidentally arise or may purposely
be fomented between them, will have it in their choice to resort to the one
or the other, as may best suit the purposes of their sinister ambition. By
exciting an emulation and contest between the representative and the
constituent bodies, as parties contending for credit and influence at the
throne, sacrifices will be made by both; and the whole can end in nothing
else than the destruction of the dearest rights and liberties of the nation. If
there must be another mode of conveying the collective sense of the people
to the throne than that by the House of Commons, it ought to be fixed and
defined, and its authority ought to be settled: it ought not to exist in so
precarious and dependent a state as that ministers should have it in their
power, at their own mere pleasure, to acknowledge it with respect or to
reject it with scorn.
It is the undoubted prerogative of the crown to dissolve Parliament; but
we beg leave to lay before his Majesty, that it is, of all the trusts vested in
his Majesty, the most critical and delicate, and that in which this House has
Page 464
the most reason to require, not only the good faith, but the favor of the
crown. His Commons are not always upon a par with his ministers in an
application to popular judgment; it is not in the power of the members of
this House to go to their election at the moment the most favorable for
them. It is in the power of the crown to choose a time for their dissolution
whilst great and arduous matters of state and legislation are depending,
which may be easily misunderstood, and which cannot be fully explained
before that misunderstanding may prove fatal to the honor that belongs and
to the consideration that is due to members of Parliament.
With his Majesty is the gift of all the rewards, the honors, distinctions,
favors, and graces of the state; with his Majesty is the mitigation of all the
rigors of the law: and we rejoice to see the crown possessed of trusts
calculated to obtain good-will, and charged with duties which are popular
and pleasing. Our trusts are of a different kind. Our duties are harsh and
invidious in their nature; and justice and safety is all we can expect in the
exercise of them. We are to offer salutary, which is not always pleasing
counsel: we are to inquire and to accuse; and the objects of our inquiry and
charge will be for the most part persons of wealth, power, and extensive
connections: we are to make rigid laws for the preservation of revenue,
which of necessity more or less confine some action or restrain some
function which before was free: what is the most critical and invidious of
all, the whole body of the public impositions originate from us, and the
hand of the House of Commons is seen and felt in every burden that presses
on the people. Whilst ultimately we are serving them, and in the first
instance whilst we are serving his Majesty, it will be hard indeed, if we
should see a House of Commons the victim of its zeal and fidelity,
sacrificed by his ministers to those very popular discontents which shall be
excited by our dutiful endeavors for the security and greatness of his throne.
No other consequence can result from such an example, but that, in future,
the House of Commons, consulting its safety at the expense of its duties,
crown. His Commons are not always upon a par with his ministers in an
application to popular judgment; it is not in the power of the members of
this House to go to their election at the moment the most favorable for
them. It is in the power of the crown to choose a time for their dissolution
whilst great and arduous matters of state and legislation are depending,
which may be easily misunderstood, and which cannot be fully explained
before that misunderstanding may prove fatal to the honor that belongs and
to the consideration that is due to members of Parliament.
With his Majesty is the gift of all the rewards, the honors, distinctions,
favors, and graces of the state; with his Majesty is the mitigation of all the
rigors of the law: and we rejoice to see the crown possessed of trusts
calculated to obtain good-will, and charged with duties which are popular
and pleasing. Our trusts are of a different kind. Our duties are harsh and
invidious in their nature; and justice and safety is all we can expect in the
exercise of them. We are to offer salutary, which is not always pleasing
counsel: we are to inquire and to accuse; and the objects of our inquiry and
charge will be for the most part persons of wealth, power, and extensive
connections: we are to make rigid laws for the preservation of revenue,
which of necessity more or less confine some action or restrain some
function which before was free: what is the most critical and invidious of
all, the whole body of the public impositions originate from us, and the
hand of the House of Commons is seen and felt in every burden that presses
on the people. Whilst ultimately we are serving them, and in the first
instance whilst we are serving his Majesty, it will be hard indeed, if we
should see a House of Commons the victim of its zeal and fidelity,
sacrificed by his ministers to those very popular discontents which shall be
excited by our dutiful endeavors for the security and greatness of his throne.
No other consequence can result from such an example, but that, in future,
the House of Commons, consulting its safety at the expense of its duties,
Page 465
and suffering the whole energy of the state to be relaxed, will shrink from
every service which, however necessary, is of a great and arduous nature,—
or that, willing to provide for the public necessities, and at the same time to
secure the means of performing that task, they will exchange independence
for protection, and will court a subservient existence through the favor of
those ministers of state or those secret advisers who ought themselves to
stand in awe of the Commons of this realm.
A House of Commons respected by his ministers is essential to his
Majesty's service: it is fit that they should yield to Parliament, and not that
Parliament should be new-modelled until it is fitted to their purposes. If our
authority is only to be held up when we coincide in opinion with his
Majesty's advisers, but is to be set at nought the moment it differs from
them, the House of Commons will sink into a mere appendage of
administration, and will lose that independent character which, inseparably
connecting the honor and reputation with the acts of this House, enables us
to afford a real, effective, and substantial support to his government. It is
the deference shown to our opinion, when we dissent from the servants of
the crown, which alone can give authority to the proceedings of this House,
when it concurs with their measures.
That authority once lost, the credit of his Majesty's crown will be
impaired in the eyes of all nations. Foreign powers, who may yet wish to
revive a friendly intercourse with this nation, will look in vain for that hold
which gave a connection with Great Britain the preference to an affiance
with any other state. A House of Commons of which ministers were known
to stand in awe, where everything was necessarily discussed on principles
fit to be openly and publicly avowed, and which could not be retracted or
varied without danger, furnished a ground of confidence in the public faith
which the engagement of no state dependent on the fluctuation of personal
favor and private advice can ever pretend to. If faith with the House of
every service which, however necessary, is of a great and arduous nature,—
or that, willing to provide for the public necessities, and at the same time to
secure the means of performing that task, they will exchange independence
for protection, and will court a subservient existence through the favor of
those ministers of state or those secret advisers who ought themselves to
stand in awe of the Commons of this realm.
A House of Commons respected by his ministers is essential to his
Majesty's service: it is fit that they should yield to Parliament, and not that
Parliament should be new-modelled until it is fitted to their purposes. If our
authority is only to be held up when we coincide in opinion with his
Majesty's advisers, but is to be set at nought the moment it differs from
them, the House of Commons will sink into a mere appendage of
administration, and will lose that independent character which, inseparably
connecting the honor and reputation with the acts of this House, enables us
to afford a real, effective, and substantial support to his government. It is
the deference shown to our opinion, when we dissent from the servants of
the crown, which alone can give authority to the proceedings of this House,
when it concurs with their measures.
That authority once lost, the credit of his Majesty's crown will be
impaired in the eyes of all nations. Foreign powers, who may yet wish to
revive a friendly intercourse with this nation, will look in vain for that hold
which gave a connection with Great Britain the preference to an affiance
with any other state. A House of Commons of which ministers were known
to stand in awe, where everything was necessarily discussed on principles
fit to be openly and publicly avowed, and which could not be retracted or
varied without danger, furnished a ground of confidence in the public faith
which the engagement of no state dependent on the fluctuation of personal
favor and private advice can ever pretend to. If faith with the House of
Page 466
Commons, the grand security for the national faith itself, can be broken
with impunity, a wound is given to the political importance of Great Britain
which will not easily be healed.
That there was a great variance between the late House of Commons and
certain persons, whom his Majesty has been advised to make and continue
as ministers, in defiance of the advice of that House, is notorious to the
world. That House did not confide in those ministers; and they withheld
their confidence from them for reasons for which posterity will honor and
respect the names of those who composed that House of Commons,
distinguished for its independence. They could not confide in persons who
have shown a disposition to dark and dangerous intrigues. By these
intrigues they have weakened, if not destroyed, the clear assurance which
his Majesty's people, and which all nations, ought to have of what are and
what are not the real acts of his government.
If it should be seen that his ministers may continue in their offices
without any signification to them of his Majesty's displeasure at any of their
measures, whilst persons considerable for their rank, and known to have
had access to his Majesty's sacred person, can with impunity abuse that
advantage, and employ his Majesty's name to disavow and counteract the
proceedings of his official servants, nothing but distrust, discord, debility,
contempt of all authority, and general confusion, can prevail in his
government.
This we lay before his Majesty, with humility and concern, as the
inevitable effect of a spirit of intrigue in his executive government: an evil
which we have but too much reason to be persuaded exists and increases.
During the course of the last session it broke out in a manner the most
alarming. This evil was infinitely aggravated by the unauthorized, but not
disavowed, use which has been made of his Majesty's name, for the purpose
with impunity, a wound is given to the political importance of Great Britain
which will not easily be healed.
That there was a great variance between the late House of Commons and
certain persons, whom his Majesty has been advised to make and continue
as ministers, in defiance of the advice of that House, is notorious to the
world. That House did not confide in those ministers; and they withheld
their confidence from them for reasons for which posterity will honor and
respect the names of those who composed that House of Commons,
distinguished for its independence. They could not confide in persons who
have shown a disposition to dark and dangerous intrigues. By these
intrigues they have weakened, if not destroyed, the clear assurance which
his Majesty's people, and which all nations, ought to have of what are and
what are not the real acts of his government.
If it should be seen that his ministers may continue in their offices
without any signification to them of his Majesty's displeasure at any of their
measures, whilst persons considerable for their rank, and known to have
had access to his Majesty's sacred person, can with impunity abuse that
advantage, and employ his Majesty's name to disavow and counteract the
proceedings of his official servants, nothing but distrust, discord, debility,
contempt of all authority, and general confusion, can prevail in his
government.
This we lay before his Majesty, with humility and concern, as the
inevitable effect of a spirit of intrigue in his executive government: an evil
which we have but too much reason to be persuaded exists and increases.
During the course of the last session it broke out in a manner the most
alarming. This evil was infinitely aggravated by the unauthorized, but not
disavowed, use which has been made of his Majesty's name, for the purpose
Page 467
of the most unconstitutional, corrupt, and dishonorable influence on the
minds of the members of Parliament that ever was practised in this
kingdom. No attention even to exterior decorum, in the practice of
corruption and intimidation employed on peers, was observed: several peers
were obliged under menaces to retract their declarations and to recall their
proxies.
The Commons have the deepest interest in the purity and integrity of the
Peerage. The Peers dispose of all the property in the kingdom, in the last
resort; and they dispose of it on their honor, and not on their oaths, as all the
members of every other tribunal in the kingdom must do,—though in them
the proceeding is not conclusive. We have, therefore, a right to demand that
no application shall be made to peers of such a nature as may give room to
call in question, much less to attaint, our sole security for all that we
possess. This corrupt proceeding appeared to the House of Commons, who
are the natural guardians of the purity of Parliament, and of the purity of
every branch of judicature, a most reprehensible and dangerous practice,
tending to shake the very foundation of the authority of the House of Peers;
and they branded it as such by their resolution.
The House had not sufficient evidence to enable them legally to punish
this practice, but they had enough to caution them against all confidence in
the authors and abettors of it. They performed their duty in humbly advising
his Majesty against the employment of such ministers; but his Majesty was
advised to keep those ministers, and to dissolve that Parliament. The House,
aware of the importance and urgency of its duty with regard to the British
interests in India, which were and are in the utmost disorder, and in the
utmost peril, most humbly requested his Majesty not to dissolve the
Parliament during the course of their very critical proceedings on that
subject. His Majesty's gracious condescension to that request was conveyed
in the royal faith, pledged to a House of Parliament, and solemnly delivered
minds of the members of Parliament that ever was practised in this
kingdom. No attention even to exterior decorum, in the practice of
corruption and intimidation employed on peers, was observed: several peers
were obliged under menaces to retract their declarations and to recall their
proxies.
The Commons have the deepest interest in the purity and integrity of the
Peerage. The Peers dispose of all the property in the kingdom, in the last
resort; and they dispose of it on their honor, and not on their oaths, as all the
members of every other tribunal in the kingdom must do,—though in them
the proceeding is not conclusive. We have, therefore, a right to demand that
no application shall be made to peers of such a nature as may give room to
call in question, much less to attaint, our sole security for all that we
possess. This corrupt proceeding appeared to the House of Commons, who
are the natural guardians of the purity of Parliament, and of the purity of
every branch of judicature, a most reprehensible and dangerous practice,
tending to shake the very foundation of the authority of the House of Peers;
and they branded it as such by their resolution.
The House had not sufficient evidence to enable them legally to punish
this practice, but they had enough to caution them against all confidence in
the authors and abettors of it. They performed their duty in humbly advising
his Majesty against the employment of such ministers; but his Majesty was
advised to keep those ministers, and to dissolve that Parliament. The House,
aware of the importance and urgency of its duty with regard to the British
interests in India, which were and are in the utmost disorder, and in the
utmost peril, most humbly requested his Majesty not to dissolve the
Parliament during the course of their very critical proceedings on that
subject. His Majesty's gracious condescension to that request was conveyed
in the royal faith, pledged to a House of Parliament, and solemnly delivered
Page 468
from the throne. It was but a very few days after a committee had been,
with the consent and concurrence of the Chancellor of the Exchequer,
appointed for an inquiry into certain accounts delivered to the House by the
Court of Directors, and then actually engaged in that inquiry, that the
ministers, regardless of the assurance given from the crown to a House of
Commons, did dissolve that Parliament. We most humbly submit to his
Majesty's consideration the consequences of this their breach of public
faith.
Whilst the members of the House of Commons, under that security, were
engaged in his Majesty's and the national business, endeavors were
industriously used to calumniate those whom it was found impracticable to
corrupt. The reputation of the members, and the reputation of the House
itself, was undermined in every part of the kingdom.
In the speech from the throne relative to India, we are cautioned by the
ministers "not to lose sight of the effect any measure may have on the
Constitution of our country." We are apprehensive that a calumnious report,
spread abroad, of an attack upon his Majesty's prerogative by the late House
of Commons, may have made an impression on his royal mind, and have
given occasion to this unusual admonition to the present. This attack is
charged to have been made in the late Parliament by a bill which passed the
House of Commons, in the late session of that Parliament, for the regulation
of the affairs, for the preservation of the commerce, and for the amendment
of the government of this nation, in the East Indies.
That his Majesty and his people may have an opportunity of entering into
the ground of this injurious charge, we beg leave humbly to acquaint his
Majesty, that, far from having made any infringement whatsoever on any
part of his royal prerogative, that bill did, for a limited time, give to his
Majesty certain powers never before possessed by the crown; and for this
with the consent and concurrence of the Chancellor of the Exchequer,
appointed for an inquiry into certain accounts delivered to the House by the
Court of Directors, and then actually engaged in that inquiry, that the
ministers, regardless of the assurance given from the crown to a House of
Commons, did dissolve that Parliament. We most humbly submit to his
Majesty's consideration the consequences of this their breach of public
faith.
Whilst the members of the House of Commons, under that security, were
engaged in his Majesty's and the national business, endeavors were
industriously used to calumniate those whom it was found impracticable to
corrupt. The reputation of the members, and the reputation of the House
itself, was undermined in every part of the kingdom.
In the speech from the throne relative to India, we are cautioned by the
ministers "not to lose sight of the effect any measure may have on the
Constitution of our country." We are apprehensive that a calumnious report,
spread abroad, of an attack upon his Majesty's prerogative by the late House
of Commons, may have made an impression on his royal mind, and have
given occasion to this unusual admonition to the present. This attack is
charged to have been made in the late Parliament by a bill which passed the
House of Commons, in the late session of that Parliament, for the regulation
of the affairs, for the preservation of the commerce, and for the amendment
of the government of this nation, in the East Indies.
That his Majesty and his people may have an opportunity of entering into
the ground of this injurious charge, we beg leave humbly to acquaint his
Majesty, that, far from having made any infringement whatsoever on any
part of his royal prerogative, that bill did, for a limited time, give to his
Majesty certain powers never before possessed by the crown; and for this
Page 469
his present ministers (who, rather than fall short in the number of their
calumnies, employ some that are contradictory) have slandered this House,
as aiming at the extension of an unconstitutional influence in his Majesty's
crown. This pretended attempt to increase the influence of the crown they
were weak enough to endeavor to persuade his Majesty's people was
amongst the causes which excited his Majesty's resentment against his late
ministers.
Further, to remove the impressions of this calumny concerning an
attempt in the House of Commons against his prerogative, it is proper to
inform his Majesty, that the territorial possessions in the East Indies never
have been declared by any public judgment, act, or instrument, or any
resolution of Parliament whatsoever, to be the subject matter of his
Majesty's prerogative; nor have they ever been understood as belonging to
his ordinary administration, or to be annexed or united to his crown; but
that they are acquisitions of a new and peculiar description, [65] unknown to
the ancient executive constitution of this country.
From time to time, therefore, Parliament provided for their government
according to its discretion, and to its opinion of what was required by the
public necessities. We do not know that his Majesty was entitled, by
prerogative, to exercise any act of authority whatsoever in the Company's
affairs, or that, in effect, such authority has ever been exercised. His
Majesty's patronage was not taken away by that bill; because it is notorious
that his Majesty never originally had the appointment of a single officer,
civil or military, in the Company's establishment in India: nor has the least
degree of patronage ever been acquired to the crown in any other manner or
measure than as the power was thought expedient to be granted by act of
Parliament,—that is, by the very same authority by which the offices were
disposed of and regulated in the bill which his Majesty's servants have
calumnies, employ some that are contradictory) have slandered this House,
as aiming at the extension of an unconstitutional influence in his Majesty's
crown. This pretended attempt to increase the influence of the crown they
were weak enough to endeavor to persuade his Majesty's people was
amongst the causes which excited his Majesty's resentment against his late
ministers.
Further, to remove the impressions of this calumny concerning an
attempt in the House of Commons against his prerogative, it is proper to
inform his Majesty, that the territorial possessions in the East Indies never
have been declared by any public judgment, act, or instrument, or any
resolution of Parliament whatsoever, to be the subject matter of his
Majesty's prerogative; nor have they ever been understood as belonging to
his ordinary administration, or to be annexed or united to his crown; but
that they are acquisitions of a new and peculiar description, [65] unknown to
the ancient executive constitution of this country.
From time to time, therefore, Parliament provided for their government
according to its discretion, and to its opinion of what was required by the
public necessities. We do not know that his Majesty was entitled, by
prerogative, to exercise any act of authority whatsoever in the Company's
affairs, or that, in effect, such authority has ever been exercised. His
Majesty's patronage was not taken away by that bill; because it is notorious
that his Majesty never originally had the appointment of a single officer,
civil or military, in the Company's establishment in India: nor has the least
degree of patronage ever been acquired to the crown in any other manner or
measure than as the power was thought expedient to be granted by act of
Parliament,—that is, by the very same authority by which the offices were
disposed of and regulated in the bill which his Majesty's servants have
Page 470
falsely and injuriously represented as infringing upon the prerogative of the
crown.
Before the year 1773 the whole administration of India, and the whole
patronage to office there, was in the hands of the East India Company. The
East India Company is not a branch of his Majesty's prerogative
administration, nor does that body exercise any species of authority under
it, nor indeed from any British title that does not derive all its legal validity
from acts of Parliament.
When a claim was asserted to the India territorial possessions in the
occupation of the Company, these possessions were not claimed as parcel of
his Majesty's patrimonial estate, or as a fruit of the ancient inheritance of
his crown: they were claimed for the public. And when agreements were
made with the East India Company concerning any composition for the
holding, or any participation of the profits, of those territories, the
agreement was made with the public; and the preambles of the several acts
have uniformly so stated it. These agreements were not made (even
nominally) with his Majesty, but with Parliament: and the bills making and
establishing such agreements always originated in this House; which
appropriated the money to await the disposition of Parliament, without the
ceremony of previous consent from the crown even so much as suggested
by any of his ministers: which previous consent is an observance of
decorum, not indeed of strict right, but generally paid, when a new
appropriation takes place in any part of his Majesty's prerogative revenues.
In pursuance of a right thus uniformly recognized and uniformly acted
on, when Parliament undertook the reformation of the East India Company
in 1773, a commission was appointed, as the commission in the late bill was
appointed; and it was made to continue for a term of years, as the
commission in the late bill was to continue; all the commissioners were
crown.
Before the year 1773 the whole administration of India, and the whole
patronage to office there, was in the hands of the East India Company. The
East India Company is not a branch of his Majesty's prerogative
administration, nor does that body exercise any species of authority under
it, nor indeed from any British title that does not derive all its legal validity
from acts of Parliament.
When a claim was asserted to the India territorial possessions in the
occupation of the Company, these possessions were not claimed as parcel of
his Majesty's patrimonial estate, or as a fruit of the ancient inheritance of
his crown: they were claimed for the public. And when agreements were
made with the East India Company concerning any composition for the
holding, or any participation of the profits, of those territories, the
agreement was made with the public; and the preambles of the several acts
have uniformly so stated it. These agreements were not made (even
nominally) with his Majesty, but with Parliament: and the bills making and
establishing such agreements always originated in this House; which
appropriated the money to await the disposition of Parliament, without the
ceremony of previous consent from the crown even so much as suggested
by any of his ministers: which previous consent is an observance of
decorum, not indeed of strict right, but generally paid, when a new
appropriation takes place in any part of his Majesty's prerogative revenues.
In pursuance of a right thus uniformly recognized and uniformly acted
on, when Parliament undertook the reformation of the East India Company
in 1773, a commission was appointed, as the commission in the late bill was
appointed; and it was made to continue for a term of years, as the
commission in the late bill was to continue; all the commissioners were
Page 471
named in Parliament, as in the late bill they were named. As they received,
so they held their offices, wholly independent of the crown; they held them
for a fixed term; they were not removable by an address of either House or
even of both Houses of Parliament, a precaution observed in the late bill
relative to the commissioners proposed therein; nor were they bound by the
strict rules of proceeding which regulated and restrained the late
commissioners against all possible abuse of a power which could not fail of
being diligently and zealously watched by the ministers of the crown, and
the proprietors of the stock, as well as by Parliament. Their proceedings
were, in that bill, directed to be of such a nature as easily to subject them to
the strictest revision of both, in case of any malversation.
In the year 1780, an act of Parliament again made provision for the
government of those territories for another four years, without any sort of
reference to prerogative; nor was the least objection taken at the second,
more than at the first of those periods, as if an infringement had been made
upon the rights of the crown: yet his Majesty's ministers have thought fit to
represent the late commission as an entire innovation on the Constitution,
and the setting up a new order and estate in the nation, tending to the
subversion of the monarchy itself.
If the government of the East Indies, other than by his Majesty's
prerogative, be in effect a fourth order in the commonwealth, this order has
long existed; because the East India Company has for many years enjoyed it
in the fullest extent, and does at this day enjoy the whole administration of
those provinces, and the patronage to offices throughout that great empire,
except as it is controlled by act of Parliament.
It was the ill condition and ill administration of the Company's affairs
which induced this House (merely as a temporary establishment) to vest the
same powers which the Company did before possess, (and no other,) for a
so they held their offices, wholly independent of the crown; they held them
for a fixed term; they were not removable by an address of either House or
even of both Houses of Parliament, a precaution observed in the late bill
relative to the commissioners proposed therein; nor were they bound by the
strict rules of proceeding which regulated and restrained the late
commissioners against all possible abuse of a power which could not fail of
being diligently and zealously watched by the ministers of the crown, and
the proprietors of the stock, as well as by Parliament. Their proceedings
were, in that bill, directed to be of such a nature as easily to subject them to
the strictest revision of both, in case of any malversation.
In the year 1780, an act of Parliament again made provision for the
government of those territories for another four years, without any sort of
reference to prerogative; nor was the least objection taken at the second,
more than at the first of those periods, as if an infringement had been made
upon the rights of the crown: yet his Majesty's ministers have thought fit to
represent the late commission as an entire innovation on the Constitution,
and the setting up a new order and estate in the nation, tending to the
subversion of the monarchy itself.
If the government of the East Indies, other than by his Majesty's
prerogative, be in effect a fourth order in the commonwealth, this order has
long existed; because the East India Company has for many years enjoyed it
in the fullest extent, and does at this day enjoy the whole administration of
those provinces, and the patronage to offices throughout that great empire,
except as it is controlled by act of Parliament.
It was the ill condition and ill administration of the Company's affairs
which induced this House (merely as a temporary establishment) to vest the
same powers which the Company did before possess, (and no other,) for a
Page 472
limited time, and under very strict directions, in proper hands, until they
could be restored, or farther provision made concerning them. It was
therefore no creation whatever of a new power, but the removal of an old
power, long since created, and then existing, from the management of those
persons who had manifestly and dangerously abused their trust. This House,
which well knows the Parliamentary origin of all the Company's powers
and privileges, and is not ignorant or negligent of the authority which may
vest those powers and privileges in others, if justice and the public safety so
require, is conscious to itself that it no more creates a new order in the state,
by making occasional trustees for the direction of the Company, than it
originally did in giving a much more permanent trust to the Directors or to
the General Court of that body. The monopoly of the East India Company
was a derogation from the general freedom of trade belonging to his
Majesty's people. The powers of government, and of peace and war, are
parts of prerogative of the highest order. Of our competence to restrain the
rights of all his subjects by act of Parliament, and to vest those high and
eminent prerogatives even in a particular company of merchants, there has
been no question. We beg leave most humbly to claim as our right, and as a
right which this House has always used, to frame such bills for the
regulation of that commerce, and of the territories held by the East India
Company, and everything relating to them, as to our discretion shall seem
fit; and we assert and maintain that therein we follow, and do not innovate
on, the Constitution.
That his Majesty's ministers, misled by their ambition, have endeavored,
if possible, to form a faction in the country against the popular part of the
Constitution; and have therefore thought proper to add to their slanderous
accusation against a House of Parliament, relative to his Majesty's
prerogative, another of a different nature, calculated for the purpose of
raising fears and jealousies among the corporate bodies of the kingdom, and
of persuading uninformed persons belonging to those corporations to look
could be restored, or farther provision made concerning them. It was
therefore no creation whatever of a new power, but the removal of an old
power, long since created, and then existing, from the management of those
persons who had manifestly and dangerously abused their trust. This House,
which well knows the Parliamentary origin of all the Company's powers
and privileges, and is not ignorant or negligent of the authority which may
vest those powers and privileges in others, if justice and the public safety so
require, is conscious to itself that it no more creates a new order in the state,
by making occasional trustees for the direction of the Company, than it
originally did in giving a much more permanent trust to the Directors or to
the General Court of that body. The monopoly of the East India Company
was a derogation from the general freedom of trade belonging to his
Majesty's people. The powers of government, and of peace and war, are
parts of prerogative of the highest order. Of our competence to restrain the
rights of all his subjects by act of Parliament, and to vest those high and
eminent prerogatives even in a particular company of merchants, there has
been no question. We beg leave most humbly to claim as our right, and as a
right which this House has always used, to frame such bills for the
regulation of that commerce, and of the territories held by the East India
Company, and everything relating to them, as to our discretion shall seem
fit; and we assert and maintain that therein we follow, and do not innovate
on, the Constitution.
That his Majesty's ministers, misled by their ambition, have endeavored,
if possible, to form a faction in the country against the popular part of the
Constitution; and have therefore thought proper to add to their slanderous
accusation against a House of Parliament, relative to his Majesty's
prerogative, another of a different nature, calculated for the purpose of
raising fears and jealousies among the corporate bodies of the kingdom, and
of persuading uninformed persons belonging to those corporations to look
Page 473
to and to make addresses to them, as protectors of their rights, under their
several charters, from the designs which they, without any ground, charged
the then House of Commons to have formed against charters in general.
For this purpose they have not scrupled to assert that the exertion of his
Majesty's prerogative in the late precipitate change in his administration,
and the dissolution of the late Parliament, were measures adopted in order
to rescue the people and their rights out of the hands of the House of
Commons, their representatives.
We trust that his Majesty's subjects are not yet so far deluded as to
believe that the charters, or that any other of their local or general
privileges, can have a solid security in any place but where that security has
always been looked for, and always found,—in the House of Commons.
Miserable and precarious indeed would be the state of their franchises, if
they were to find no defence but from that quarter from whence they have
always been attacked! [66] But the late House of Commons, in passing that
bill, made no attack upon any powers or privileges, except such as a House
of Commons has frequently attacked, and will attack, (and they trust, in the
end, with their wonted success,)—that is, upon those which are corruptly
and oppressively administered; and this House do faithfully assure his
Majesty, that we will correct, and, if necessary for the purpose, as far as in
us lies, will wholly destroy, every species of power and authority exercised
by British subjects to the oppression, wrong, and detriment of the people,
and to the impoverishment and desolation of the countries subject to it.
The propagators of the calumnies against that House of Parliament have
been indefatigable in exaggerating the supposed injury done to the East
India Company by the suspension of the authorities which they have in
every instance abused,—as if power had been wrested by wrong and
violence from just and prudent hands; but they have, with equal care,
concealed the weighty grounds and reasons on which that House had
several charters, from the designs which they, without any ground, charged
the then House of Commons to have formed against charters in general.
For this purpose they have not scrupled to assert that the exertion of his
Majesty's prerogative in the late precipitate change in his administration,
and the dissolution of the late Parliament, were measures adopted in order
to rescue the people and their rights out of the hands of the House of
Commons, their representatives.
We trust that his Majesty's subjects are not yet so far deluded as to
believe that the charters, or that any other of their local or general
privileges, can have a solid security in any place but where that security has
always been looked for, and always found,—in the House of Commons.
Miserable and precarious indeed would be the state of their franchises, if
they were to find no defence but from that quarter from whence they have
always been attacked! [66] But the late House of Commons, in passing that
bill, made no attack upon any powers or privileges, except such as a House
of Commons has frequently attacked, and will attack, (and they trust, in the
end, with their wonted success,)—that is, upon those which are corruptly
and oppressively administered; and this House do faithfully assure his
Majesty, that we will correct, and, if necessary for the purpose, as far as in
us lies, will wholly destroy, every species of power and authority exercised
by British subjects to the oppression, wrong, and detriment of the people,
and to the impoverishment and desolation of the countries subject to it.
The propagators of the calumnies against that House of Parliament have
been indefatigable in exaggerating the supposed injury done to the East
India Company by the suspension of the authorities which they have in
every instance abused,—as if power had been wrested by wrong and
violence from just and prudent hands; but they have, with equal care,
concealed the weighty grounds and reasons on which that House had
Page 474
adopted the most moderate of all possible expedients for rescuing the
natives of India from oppression, and for saving the interests of the real and
honest proprietors of their stock, as well as that great national, commercial
concern, from imminent ruin.
The ministers aforesaid have also caused it to be reported that the House
of Commons have confiscated the property of the East India Company. It is
the reverse of truth. The whole management was a trust for the proprietors,
under their own inspection, (and it was so provided for in the bill,) and
under the inspection of Parliament. That bill, so far from confiscating the
Company's property, was the only one which, for several years past, did not,
in some shape or other, affect their property, or restrain them in the
disposition of it.
It is proper that his Majesty and all his people should be informed that
the House of Commons have proceeded, with regard to the East India
Company, with a degree of care, circumspection, and deliberation, which
has not been equalled in the history of Parliamentary proceedings. For
sixteen years the state and condition of that body has never been wholly out
of their view. In the year 1767 the House took those objects into
consideration, in a committee of the whole House. The business was
pursued in the following year. In the year 1772 two committees were
appointed for the same purpose, which examined into their affairs with
much diligence, and made very ample reports. In the year 1773 the
proceedings were carried to an act of Parliament, which proved ineffectual
to its purpose. The oppressions and abuses in India have since rather
increased than diminished, on account of the greatness of the temptations,
and convenience of the opportunities, which got the better of the legislative
provisions calculated against ill practices then in their beginnings;
insomuch that, in 1781, two committees were again instituted, who have
made seventeen reports. It was upon the most minute, exact, and laborious
natives of India from oppression, and for saving the interests of the real and
honest proprietors of their stock, as well as that great national, commercial
concern, from imminent ruin.
The ministers aforesaid have also caused it to be reported that the House
of Commons have confiscated the property of the East India Company. It is
the reverse of truth. The whole management was a trust for the proprietors,
under their own inspection, (and it was so provided for in the bill,) and
under the inspection of Parliament. That bill, so far from confiscating the
Company's property, was the only one which, for several years past, did not,
in some shape or other, affect their property, or restrain them in the
disposition of it.
It is proper that his Majesty and all his people should be informed that
the House of Commons have proceeded, with regard to the East India
Company, with a degree of care, circumspection, and deliberation, which
has not been equalled in the history of Parliamentary proceedings. For
sixteen years the state and condition of that body has never been wholly out
of their view. In the year 1767 the House took those objects into
consideration, in a committee of the whole House. The business was
pursued in the following year. In the year 1772 two committees were
appointed for the same purpose, which examined into their affairs with
much diligence, and made very ample reports. In the year 1773 the
proceedings were carried to an act of Parliament, which proved ineffectual
to its purpose. The oppressions and abuses in India have since rather
increased than diminished, on account of the greatness of the temptations,
and convenience of the opportunities, which got the better of the legislative
provisions calculated against ill practices then in their beginnings;
insomuch that, in 1781, two committees were again instituted, who have
made seventeen reports. It was upon the most minute, exact, and laborious
Page 475
collection and discussion of facts, that the late House of Commons
proceeded in the reform which they attempted in the administration of
India, but which has been frustrated by ways and means the most
dishonorable to his Majesty's government, and the most pernicious to the
Constitution of this kingdom. His Majesty was so sensible of the disorders
in the Company's administration, that the consideration of that subject was
no less than six times recommended to this House in speeches from the
throne.
The result of the Parliamentary inquiries has been, that the East India
Company was found totally corrupted, and totally perverted from the
purposes of its institution, whether political or commercial; that the powers
of war and peace given by the charter had been abused, by kindling
hostilities in every quarter for the purposes of rapine; that almost all the
treaties of peace they have made have only given cause to so many breaches
of public faith; that countries once the most flourishing are reduced to a
state of indigence, decay, and depopulation, to the diminution of our
strength, and to the infinite dishonor of our national character; that the laws
of this kingdom are notoriously, and almost in every instance, despised; that
the servants of the Company, by the purchase of qualifications to vote in the
General Court, and, at length, by getting the Company itself deeply in their
debt, have obtained the entire and absolute mastery in the body by which
they ought to have been ruled and coerced. Thus their malversations in
office are supported, instead of being checked by the Company. The whole
of the affairs of that body are reduced to a most perilous situation; and
many millions of innocent and deserving men, who are under the protection
of this nation, and who ought to be protected by it, are oppressed by a most
despotic and rapacious tyranny. The Company and their servants, having
strengthened themselves by this confederacy, set at defiance the authority
and admonitions of this House employed to reform them; and when this
House had selected certain principal delinquents, whom they declared it the
proceeded in the reform which they attempted in the administration of
India, but which has been frustrated by ways and means the most
dishonorable to his Majesty's government, and the most pernicious to the
Constitution of this kingdom. His Majesty was so sensible of the disorders
in the Company's administration, that the consideration of that subject was
no less than six times recommended to this House in speeches from the
throne.
The result of the Parliamentary inquiries has been, that the East India
Company was found totally corrupted, and totally perverted from the
purposes of its institution, whether political or commercial; that the powers
of war and peace given by the charter had been abused, by kindling
hostilities in every quarter for the purposes of rapine; that almost all the
treaties of peace they have made have only given cause to so many breaches
of public faith; that countries once the most flourishing are reduced to a
state of indigence, decay, and depopulation, to the diminution of our
strength, and to the infinite dishonor of our national character; that the laws
of this kingdom are notoriously, and almost in every instance, despised; that
the servants of the Company, by the purchase of qualifications to vote in the
General Court, and, at length, by getting the Company itself deeply in their
debt, have obtained the entire and absolute mastery in the body by which
they ought to have been ruled and coerced. Thus their malversations in
office are supported, instead of being checked by the Company. The whole
of the affairs of that body are reduced to a most perilous situation; and
many millions of innocent and deserving men, who are under the protection
of this nation, and who ought to be protected by it, are oppressed by a most
despotic and rapacious tyranny. The Company and their servants, having
strengthened themselves by this confederacy, set at defiance the authority
and admonitions of this House employed to reform them; and when this
House had selected certain principal delinquents, whom they declared it the
Page 476
duty of the Company to recall, the Company held out its legal privileges
against all reformation, positively refused to recall them, and supported
those who had fallen under the just censure of this House with new and
stronger marks of countenance and approbation.
The late House, discovering the reversed situation of the Company, by
which the nominal servants are really the masters, and the offenders are
become their own judges, thought fit to examine into the state of their
commerce; and they have also discovered that their commercial affairs are
in the greatest disorder; that their debts have accumulated beyond any
present or obvious future means of payment, at least under the actual
administration of their affairs; that this condition of the East India Company
has begun to affect the sinking fund itself, on which the public credit of the
kingdom rests,—a million and upwards being due to the customs, which
that House of Commons whose intentions towards the Company have been
so grossly misrepresented were indulgent enough to respite. And thus,
instead of confiscating their property, the Company received without
interest (which in such a case had been before charged) the use of a very
large sum of the public money. The revenues are under the peculiar care of
this House, not only as the revenues originate from us, but as, on every
failure if the funds set apart for the support of the national credit, or to
provide for the national strength and safety, the task of supplying every
deficiency falls upon his Majesty's faithful Commons, this House must, in
effect, tax the people. The House, therefore, at every moment, incurs the
hazard of becoming obnoxious to its constituents.
The enemies of the late House of Commons resolved, if possible, to bring
on that event. They therefore endeavored to misrepresent the provident
means adopted by the House of Commons for keeping off this invidious
necessity, as an attack on the rights of the East India Company: for they
well knew, that, on the one hand, if, for want of proper regulation and relief,
against all reformation, positively refused to recall them, and supported
those who had fallen under the just censure of this House with new and
stronger marks of countenance and approbation.
The late House, discovering the reversed situation of the Company, by
which the nominal servants are really the masters, and the offenders are
become their own judges, thought fit to examine into the state of their
commerce; and they have also discovered that their commercial affairs are
in the greatest disorder; that their debts have accumulated beyond any
present or obvious future means of payment, at least under the actual
administration of their affairs; that this condition of the East India Company
has begun to affect the sinking fund itself, on which the public credit of the
kingdom rests,—a million and upwards being due to the customs, which
that House of Commons whose intentions towards the Company have been
so grossly misrepresented were indulgent enough to respite. And thus,
instead of confiscating their property, the Company received without
interest (which in such a case had been before charged) the use of a very
large sum of the public money. The revenues are under the peculiar care of
this House, not only as the revenues originate from us, but as, on every
failure if the funds set apart for the support of the national credit, or to
provide for the national strength and safety, the task of supplying every
deficiency falls upon his Majesty's faithful Commons, this House must, in
effect, tax the people. The House, therefore, at every moment, incurs the
hazard of becoming obnoxious to its constituents.
The enemies of the late House of Commons resolved, if possible, to bring
on that event. They therefore endeavored to misrepresent the provident
means adopted by the House of Commons for keeping off this invidious
necessity, as an attack on the rights of the East India Company: for they
well knew, that, on the one hand, if, for want of proper regulation and relief,
Page 477
the Company should become insolvent, or even stop payment, the national
credit and commerce would sustain a heavy blow; and that calamity would
be justly imputed to Parliament, which, after such long inquiries, and such
frequent admonitions from his Majesty, had neglected so essential and so
urgent an article of their duty: on the other hand, they knew, that, wholly
corrupted as the Company is, nothing effectual could be done to preserve
that interest from ruin, without taking for a time the national objects of their
trust out of their hands; and then a cry would be industriously raised against
the House of Commons, as depriving British subjects of their legal
privileges. The restraint, being plain and simple, must be easily understood
by those who would be brought with great difficulty to comprehend the
intricate detail of matters of fact which rendered this suspension of the
administration of India absolutely necessary on motives of justice, of
policy, of public honor, and public safety.
The House of Commons had not been able to devise a method by which
the redress of grievances could be effected through the authors of those
grievances; nor could they imagine how corruptions could be purified by
the corrupters and the corrupted; nor do we now conceive how any
reformation can proceed from the known abettors and supporters of the
persons who have been guilty of the misdemeanors which Parliament has
reprobated, and who for their own ill purposes have given countenance to a
false and delusive state of the Company's affairs, fabricated to mislead
Parliament and to impose upon the nation.[67]
Your Commons feel, with a just resentment, the inadequate estimate
which your ministers have formed of the importance of this great concern.
They call on us to act upon the principles of those who have not inquired
into the subject, and to condemn those who with the most laudable
diligence have examined and scrutinized every part of it. The deliberations
of Parliament have been broken; the season of the year is unfavorable;
credit and commerce would sustain a heavy blow; and that calamity would
be justly imputed to Parliament, which, after such long inquiries, and such
frequent admonitions from his Majesty, had neglected so essential and so
urgent an article of their duty: on the other hand, they knew, that, wholly
corrupted as the Company is, nothing effectual could be done to preserve
that interest from ruin, without taking for a time the national objects of their
trust out of their hands; and then a cry would be industriously raised against
the House of Commons, as depriving British subjects of their legal
privileges. The restraint, being plain and simple, must be easily understood
by those who would be brought with great difficulty to comprehend the
intricate detail of matters of fact which rendered this suspension of the
administration of India absolutely necessary on motives of justice, of
policy, of public honor, and public safety.
The House of Commons had not been able to devise a method by which
the redress of grievances could be effected through the authors of those
grievances; nor could they imagine how corruptions could be purified by
the corrupters and the corrupted; nor do we now conceive how any
reformation can proceed from the known abettors and supporters of the
persons who have been guilty of the misdemeanors which Parliament has
reprobated, and who for their own ill purposes have given countenance to a
false and delusive state of the Company's affairs, fabricated to mislead
Parliament and to impose upon the nation.[67]
Your Commons feel, with a just resentment, the inadequate estimate
which your ministers have formed of the importance of this great concern.
They call on us to act upon the principles of those who have not inquired
into the subject, and to condemn those who with the most laudable
diligence have examined and scrutinized every part of it. The deliberations
of Parliament have been broken; the season of the year is unfavorable;
Page 478
many of us are new members, who must be wholly unacquainted with the
subject, which lies remote from the ordinary course of general information.
We are cautioned against an infringement of the Constitution; and it is
impossible to know what the secret advisers of the crown, who have driven
out the late ministers for their conduct in Parliament, and have dissolved the
late Parliament for a pretended attack upon prerogative, will consider as
such an infringement. We are not furnished with a rule, the observance of
which can make us safe from the resentment of the crown, even by an
implicit obedience to the dictates of the ministers who have advised that
speech; we know not how soon those ministers may be disavowed, and how
soon the members of this House, for our very agreement with them, may be
considered as objects of his Majesty's displeasure. Until by his Majesty's
goodness and wisdom the late example is completely done away, we are not
free.
We are well aware, in providing for the affairs of the East, with what an
adult strength of abuse, and of wealth and influence growing out of that
abuse, his Majesty's Commons had, in the last Parliament, and still have, to
struggle. We are sensible that the influence of that wealth, in a much larger
degree and measure than at any former period, may have penetrated into the
very quarter from whence alone any real reformation can be expected.[68]
If, therefore, in the arduous affairs recommended to us, our proceedings
should be ill adapted, feeble, and ineffectual,—if no delinquency should be
prevented, and no delinquent should be called to account,—if every person
should be caressed, promoted, and raised in power, in proportion to the
enormity of his offences,—if no relief should be given to any of the natives
unjustly dispossessed of their rights, jurisdictions, and properties,—if no
cruel and unjust exactions should be forborne,—if the source of no
peculation or oppressive gain should be cut off,—if, by the omission of the
subject, which lies remote from the ordinary course of general information.
We are cautioned against an infringement of the Constitution; and it is
impossible to know what the secret advisers of the crown, who have driven
out the late ministers for their conduct in Parliament, and have dissolved the
late Parliament for a pretended attack upon prerogative, will consider as
such an infringement. We are not furnished with a rule, the observance of
which can make us safe from the resentment of the crown, even by an
implicit obedience to the dictates of the ministers who have advised that
speech; we know not how soon those ministers may be disavowed, and how
soon the members of this House, for our very agreement with them, may be
considered as objects of his Majesty's displeasure. Until by his Majesty's
goodness and wisdom the late example is completely done away, we are not
free.
We are well aware, in providing for the affairs of the East, with what an
adult strength of abuse, and of wealth and influence growing out of that
abuse, his Majesty's Commons had, in the last Parliament, and still have, to
struggle. We are sensible that the influence of that wealth, in a much larger
degree and measure than at any former period, may have penetrated into the
very quarter from whence alone any real reformation can be expected.[68]
If, therefore, in the arduous affairs recommended to us, our proceedings
should be ill adapted, feeble, and ineffectual,—if no delinquency should be
prevented, and no delinquent should be called to account,—if every person
should be caressed, promoted, and raised in power, in proportion to the
enormity of his offences,—if no relief should be given to any of the natives
unjustly dispossessed of their rights, jurisdictions, and properties,—if no
cruel and unjust exactions should be forborne,—if the source of no
peculation or oppressive gain should be cut off,—if, by the omission of the
Page 479
opportunities that were in our hands, our Indian empire should fall into ruin
irretrievable, and in its fall crush the credit and overwhelm the revenues of
this country,—we stand acquitted to our honor and to our conscience, who
have reluctantly seen the weightiest interests of our country, at times the
most critical to its dignity and safety, rendered the sport of the inconsiderate
and unmeasured ambition of individuals, and by that means the wisdom of
his Majesty's government degraded in the public estimation, and the policy
and character of this renowned nation rendered contemptible in the eyes of
all Europe.
It passed in the negative.
irretrievable, and in its fall crush the credit and overwhelm the revenues of
this country,—we stand acquitted to our honor and to our conscience, who
have reluctantly seen the weightiest interests of our country, at times the
most critical to its dignity and safety, rendered the sport of the inconsiderate
and unmeasured ambition of individuals, and by that means the wisdom of
his Majesty's government degraded in the public estimation, and the policy
and character of this renowned nation rendered contemptible in the eyes of
all Europe.
It passed in the negative.
Page 480
FOOTNOTES:
[59] See King's Speech, Dec. 5, 1782, and May 19, 1784.
[60] "I shall never submit to the doctrines I have heard this day from the
woolsack, that the other House [House of Commons] are the only
representatives and guardians of the people's rights. I boldly maintain the
contrary. I say this House [House of Lords] is equally the representatives of
the people."—Lord Shelburne's Speech, April 8, 1778. Vide Parliamentary
Register, Vol. X. p. 892.
[61] In that Parliament the House of Commons by two several resolutions
put an end to the American war. Immediately on the change of ministry
which ensued, in order to secure their own independence, and to prevent the
accumulation of new burdens on the people by the growth of a civil list
debt, they passed the Establishment Bill. By that bill thirty-six offices
tenable by members of Parliament were suppressed, and an order of
payment was framed by which the growth of any fresh debt was rendered
impracticable. The debt on the civil list from the beginning of the present
reign had amounted to one million three hundred thousand pounds and
upwards. Another act was passed for regulating the office of the Paymaster-
General and the offices subordinate to it. A million of public money had
sometimes been in the hands of the paymasters: this act prevented the
possibility of any money whatsoever being accumulated in that office in
future. The offices of the Exchequer, whose emoluments in time of war
were excessive, and grew in exact proportion to the public burdens, were
regulated,—some of them suppressed, and the rest reduced to fixed salaries.
To secure the freedom of election against the crown, a bill was passed to
disqualify all officers concerned in the collection of the revenue in any of
its branches from voting in elections: a most important act, not only with
[59] See King's Speech, Dec. 5, 1782, and May 19, 1784.
[60] "I shall never submit to the doctrines I have heard this day from the
woolsack, that the other House [House of Commons] are the only
representatives and guardians of the people's rights. I boldly maintain the
contrary. I say this House [House of Lords] is equally the representatives of
the people."—Lord Shelburne's Speech, April 8, 1778. Vide Parliamentary
Register, Vol. X. p. 892.
[61] In that Parliament the House of Commons by two several resolutions
put an end to the American war. Immediately on the change of ministry
which ensued, in order to secure their own independence, and to prevent the
accumulation of new burdens on the people by the growth of a civil list
debt, they passed the Establishment Bill. By that bill thirty-six offices
tenable by members of Parliament were suppressed, and an order of
payment was framed by which the growth of any fresh debt was rendered
impracticable. The debt on the civil list from the beginning of the present
reign had amounted to one million three hundred thousand pounds and
upwards. Another act was passed for regulating the office of the Paymaster-
General and the offices subordinate to it. A million of public money had
sometimes been in the hands of the paymasters: this act prevented the
possibility of any money whatsoever being accumulated in that office in
future. The offices of the Exchequer, whose emoluments in time of war
were excessive, and grew in exact proportion to the public burdens, were
regulated,—some of them suppressed, and the rest reduced to fixed salaries.
To secure the freedom of election against the crown, a bill was passed to
disqualify all officers concerned in the collection of the revenue in any of
its branches from voting in elections: a most important act, not only with
Page 481
regard to its primary object, the freedom of election, but as materially
forwarding the due collection of revenue. For the same end, (the preserving
the freedom of election,) the House rescinded the famous judgment relative
to the Middlesex election, and expunged it from the journals. On the
principle of reformation of their own House, connected with a principle of
public economy, an act passed for rendering contractors with government
incapable of a seat in Parliament. The India Bill (unfortunately lost in the
House of Lords) pursued the same idea to its completion, and disabled all
servants of the East India Company from a seat in that House for a certain
time, and until their conduct was examined into and cleared. The remedy of
infinite corruptions and of infinite disorders and oppressions, as well as the
security of the most important objects of public economy, perished with
that bill and that Parliament. That Parliament also instituted a committee to
inquire into the collection of the revenue in all its branches, which
prosecuted its duty with great vigor, and suggested several material
improvements.
[62] If these speculations are let loose, the House of Lords may quarrel
with their share of the legislature, as being limited with regard to the
origination of grants to the crown and the origination of money bills. The
advisers of the crown may think proper to bring its negative into ordinary
use,—and even to dispute, whether a mere negative, compared with the
deliberative power exercised in the other Houses, be such a share in the
legislature as to produce a due balance in favor of that branch, and thus
justify the previous interference of the crown in the manner lately used. The
following will serve to show how much foundation there is for great
caution concerning these novel speculations. Lord Shelburne, in his
celebrated speech, April 8th, 1778, expresses himself as follows. (Vide
Parliamentary Register, Vol. X.)
forwarding the due collection of revenue. For the same end, (the preserving
the freedom of election,) the House rescinded the famous judgment relative
to the Middlesex election, and expunged it from the journals. On the
principle of reformation of their own House, connected with a principle of
public economy, an act passed for rendering contractors with government
incapable of a seat in Parliament. The India Bill (unfortunately lost in the
House of Lords) pursued the same idea to its completion, and disabled all
servants of the East India Company from a seat in that House for a certain
time, and until their conduct was examined into and cleared. The remedy of
infinite corruptions and of infinite disorders and oppressions, as well as the
security of the most important objects of public economy, perished with
that bill and that Parliament. That Parliament also instituted a committee to
inquire into the collection of the revenue in all its branches, which
prosecuted its duty with great vigor, and suggested several material
improvements.
[62] If these speculations are let loose, the House of Lords may quarrel
with their share of the legislature, as being limited with regard to the
origination of grants to the crown and the origination of money bills. The
advisers of the crown may think proper to bring its negative into ordinary
use,—and even to dispute, whether a mere negative, compared with the
deliberative power exercised in the other Houses, be such a share in the
legislature as to produce a due balance in favor of that branch, and thus
justify the previous interference of the crown in the manner lately used. The
following will serve to show how much foundation there is for great
caution concerning these novel speculations. Lord Shelburne, in his
celebrated speech, April 8th, 1778, expresses himself as follows. (Vide
Parliamentary Register, Vol. X.)
Page 482
"The noble and learned lord on the woolsack, in the debate which opened
the business of this day, asserted that your Lordships were incompetent to
make any alteration in a money bill or a bill of supply, I should be glad to
see the matter fairly and fully discussed, and the subject brought forward
and argued upon precedent, as well as all its collateral relations. I should be
pleased to see the question fairly committed, were it for no other reason but
to hear the sleek, smooth contractors from the other House come to this bar
and declare, that they, and they only, could frame a money bill, and they,
and they only, could dispose of the property of the peers of Great Britain.
Perhaps some arguments more plausible than those I heard this day from
the woolsack, to show that the Commons have an uncontrollable,
unqualified right to bind your Lordships' property, may be urged by them.
At present, I beg leave to differ from the noble and learned lord; for, until
the claim, after a solemn discussion of this House, is openly and directly
relinquished, I shall continue to be of opinion that your Lordships have a
right to after, amend, or reject a money bill."
The Duke of Richmond also, in his letter to the volunteers of Ireland,
speaks of several of the powers exercised by the House of Commons in the
light of usurpations; and his Grace is of opinion, that, when the people are
restored to what he conceives to be their rights, in electing the House of
Commons, the other branches of the legislature ought to be restored to
theirs.—Vide Remembrancer, Vol. XVI.
[63] By an act of Parliament, the Directors of the East India Company are
restrained from acceptance of bills drawn, from India, beyond a certain
amount, without the consent of the Commissioners of the Treasury. The late
House of Commons, finding bills to an immense amount drawn upon that
body by their servants abroad, and knowing their circumstances to be
exceedingly doubtful, came to a resolution providently, cautioning the
Lords of the Treasury against the acceptance of these bills, until the House
the business of this day, asserted that your Lordships were incompetent to
make any alteration in a money bill or a bill of supply, I should be glad to
see the matter fairly and fully discussed, and the subject brought forward
and argued upon precedent, as well as all its collateral relations. I should be
pleased to see the question fairly committed, were it for no other reason but
to hear the sleek, smooth contractors from the other House come to this bar
and declare, that they, and they only, could frame a money bill, and they,
and they only, could dispose of the property of the peers of Great Britain.
Perhaps some arguments more plausible than those I heard this day from
the woolsack, to show that the Commons have an uncontrollable,
unqualified right to bind your Lordships' property, may be urged by them.
At present, I beg leave to differ from the noble and learned lord; for, until
the claim, after a solemn discussion of this House, is openly and directly
relinquished, I shall continue to be of opinion that your Lordships have a
right to after, amend, or reject a money bill."
The Duke of Richmond also, in his letter to the volunteers of Ireland,
speaks of several of the powers exercised by the House of Commons in the
light of usurpations; and his Grace is of opinion, that, when the people are
restored to what he conceives to be their rights, in electing the House of
Commons, the other branches of the legislature ought to be restored to
theirs.—Vide Remembrancer, Vol. XVI.
[63] By an act of Parliament, the Directors of the East India Company are
restrained from acceptance of bills drawn, from India, beyond a certain
amount, without the consent of the Commissioners of the Treasury. The late
House of Commons, finding bills to an immense amount drawn upon that
body by their servants abroad, and knowing their circumstances to be
exceedingly doubtful, came to a resolution providently, cautioning the
Lords of the Treasury against the acceptance of these bills, until the House
Page 483
should otherwise direct. The Court Lords then took occasion to declare
against the resolution as illegal, by the Commons undertaking to direct in
the execution of a trust created by act of Parliament. The House, justly
alarmed at this resolution, which went to the destruction of the whole of its
superintending capacity, and particularly in matters relative to its own
province of money, directed a committee to search the journals, and they
found a regular series of precedents, commencing from the remotest of
those records, and carried on to that day, by which it appeared that the
House interfered, by an authoritative advice and admonition, upon every act
of executive government without exception, and in many much stronger
cases than that which the Lords thought proper to quarrel with.
[64] "I observe, at the same time, that there is no charge or complaint
suggested against my present ministers."—The King's Answer, 25th
February, 1784, to the Address of the House of Common. Vide Resolutions
of the House of Commons, printed for Debrett, p. 31.
[65] The territorial possessions in the East Indies were acquired to the
Company, in virtue of grants from the Great Mogul, in the nature of offices
and jurisdictions, to be held under him, and dependent upon his crown, with
the express condition of being obedient to orders from his court, and of
paying an annual tribute to his treasury. It is true that no obedience is
yielded to these orders, and for some time past there has been no payment
made of this tribute. But it is under a grant so conditioned that they still
hold. To subject the King of Great Britain as tributary to a foreign power by
the acts of his subjects; to suppose the grant valid, and yet the condition
void; to suppose it good for the king, and insufficient for the Company; to
suppose it an interest divisible between the parties: these are some few of
the many legal difficulties to be surmounted, before the Common Law of
England can acknowledge the East India Company's Asiatic affairs to be a
subject matter of prerogative, so as to bring it within the verge of English
against the resolution as illegal, by the Commons undertaking to direct in
the execution of a trust created by act of Parliament. The House, justly
alarmed at this resolution, which went to the destruction of the whole of its
superintending capacity, and particularly in matters relative to its own
province of money, directed a committee to search the journals, and they
found a regular series of precedents, commencing from the remotest of
those records, and carried on to that day, by which it appeared that the
House interfered, by an authoritative advice and admonition, upon every act
of executive government without exception, and in many much stronger
cases than that which the Lords thought proper to quarrel with.
[64] "I observe, at the same time, that there is no charge or complaint
suggested against my present ministers."—The King's Answer, 25th
February, 1784, to the Address of the House of Common. Vide Resolutions
of the House of Commons, printed for Debrett, p. 31.
[65] The territorial possessions in the East Indies were acquired to the
Company, in virtue of grants from the Great Mogul, in the nature of offices
and jurisdictions, to be held under him, and dependent upon his crown, with
the express condition of being obedient to orders from his court, and of
paying an annual tribute to his treasury. It is true that no obedience is
yielded to these orders, and for some time past there has been no payment
made of this tribute. But it is under a grant so conditioned that they still
hold. To subject the King of Great Britain as tributary to a foreign power by
the acts of his subjects; to suppose the grant valid, and yet the condition
void; to suppose it good for the king, and insufficient for the Company; to
suppose it an interest divisible between the parties: these are some few of
the many legal difficulties to be surmounted, before the Common Law of
England can acknowledge the East India Company's Asiatic affairs to be a
subject matter of prerogative, so as to bring it within the verge of English
Page 484
jurisprudence. It is a very anomalous species of power and property which
is held by the East India Company. Our English prerogative law does not
furnish principles, much less precedents, by which it can be defined or
adjusted. Nothing but the eminent dominion of Parliament over every
British subject, in every concern, and in every circumstance in which he is
placed, can adjust this new, intricate matter. Parliament may act wisely or
unwisely, justly or unjustly; but Parliament alone is competent to it.
[66] The attempt upon charters and the privileges of the corporate bodies of
the kingdom in the reigns of Charles the Second and James the Second was
made by the crown. It was carried on by the ordinary course of law, in
courts instituted for the security of the property and franchises of the
people. This attempt made by the crown was attended with complete
success. The corporate rights of the city of London, and of all the
companies it contains, were by solemn judgment of law declared forfeited,
and all their franchises, privileges, properties, and estates were of course
seized into the hands of the crown. The injury was from the crown: the
redress was by Parliament. A bill was brought into the House of Commons,
by which the judgment against the city of London, and against the
companies, was reversed: and this bill passed the House of Lords without
any complaint of trespass on their jurisdiction, although the bill was for a
reversal of a judgment in law. By this act, which is in the second of William
and Mary, chap. 8, the question of forfeiture of that charter is forever taken
out of the power of any court of law: no cognizance can be taken of it
except in Parliament.
Although the act above mentioned has declared the judgment against the
corporation of London to be illegal yet Blackstone makes no scruple of
asserting, that, "perhaps, in strictness of law, the proceedings in most of
them [the Quo Warranto causes] were sufficiently regular," leaving it in
doubt, whether this regularity did not apply to the corporation of London,
is held by the East India Company. Our English prerogative law does not
furnish principles, much less precedents, by which it can be defined or
adjusted. Nothing but the eminent dominion of Parliament over every
British subject, in every concern, and in every circumstance in which he is
placed, can adjust this new, intricate matter. Parliament may act wisely or
unwisely, justly or unjustly; but Parliament alone is competent to it.
[66] The attempt upon charters and the privileges of the corporate bodies of
the kingdom in the reigns of Charles the Second and James the Second was
made by the crown. It was carried on by the ordinary course of law, in
courts instituted for the security of the property and franchises of the
people. This attempt made by the crown was attended with complete
success. The corporate rights of the city of London, and of all the
companies it contains, were by solemn judgment of law declared forfeited,
and all their franchises, privileges, properties, and estates were of course
seized into the hands of the crown. The injury was from the crown: the
redress was by Parliament. A bill was brought into the House of Commons,
by which the judgment against the city of London, and against the
companies, was reversed: and this bill passed the House of Lords without
any complaint of trespass on their jurisdiction, although the bill was for a
reversal of a judgment in law. By this act, which is in the second of William
and Mary, chap. 8, the question of forfeiture of that charter is forever taken
out of the power of any court of law: no cognizance can be taken of it
except in Parliament.
Although the act above mentioned has declared the judgment against the
corporation of London to be illegal yet Blackstone makes no scruple of
asserting, that, "perhaps, in strictness of law, the proceedings in most of
them [the Quo Warranto causes] were sufficiently regular," leaving it in
doubt, whether this regularity did not apply to the corporation of London,
Page 485
as well as to any of the rest; and he seems to blame the proceeding (as most
blamable it was) not so much on account of illegality as for the crown's
having employed a legal proceeding for political purposes. He calls it "an
exertion of an act of law for the purposes of the state."
The same security which was given to the city of London, would have been
extended to all the corporations, if the House of Commons could have
prevailed. But the bill for that purpose passed but by a majority of one in
the Lords; and it was entirely lost by a prorogation, which is the act of the
crown. Small, indeed, was the security which the corporation of London
enjoyed before the act of William and Mary, and which all the other
corporations, secured by no statute, enjoy at this hour, if strict law was
employed against them. The use of strict law has always been rendered
very delicate by the same means by which the almost unmeasured legal
powers residing (and in many instances dangerously residing) in the crown
are kept within due bounds: I mean, that strong superintending power in the
House of Commons which inconsiderate people have been prevailed on to
condemn as trenching on prerogative. Strict law is by no means such a
friend to the rights of the subject as they have been taught to believe. They
who have been most conversant in this kind of learning will be most
sensible of the danger of submitting corporate rights of high political
importance to these subordinate tribunals. The general heads of law on that
subject are vulgar and trivial. On them there is not much question. But it is
far from easy to determine what special acts, or what special neglect of
action, shall subject corporations to a forfeiture. There is so much laxity in
this doctrine, that great room is left for favor or prejudice, which might give
to the crown an entire dominion over those corporations. On the other hand,
it is undoubtedly true that every subordinate corporate right ought to be
subject to control, to superior direction, and even to forfeiture upon just
cause. In this reason and law agree. In every judgment given on a corporate
right of great political importance, the policy and prudence make no small
blamable it was) not so much on account of illegality as for the crown's
having employed a legal proceeding for political purposes. He calls it "an
exertion of an act of law for the purposes of the state."
The same security which was given to the city of London, would have been
extended to all the corporations, if the House of Commons could have
prevailed. But the bill for that purpose passed but by a majority of one in
the Lords; and it was entirely lost by a prorogation, which is the act of the
crown. Small, indeed, was the security which the corporation of London
enjoyed before the act of William and Mary, and which all the other
corporations, secured by no statute, enjoy at this hour, if strict law was
employed against them. The use of strict law has always been rendered
very delicate by the same means by which the almost unmeasured legal
powers residing (and in many instances dangerously residing) in the crown
are kept within due bounds: I mean, that strong superintending power in the
House of Commons which inconsiderate people have been prevailed on to
condemn as trenching on prerogative. Strict law is by no means such a
friend to the rights of the subject as they have been taught to believe. They
who have been most conversant in this kind of learning will be most
sensible of the danger of submitting corporate rights of high political
importance to these subordinate tribunals. The general heads of law on that
subject are vulgar and trivial. On them there is not much question. But it is
far from easy to determine what special acts, or what special neglect of
action, shall subject corporations to a forfeiture. There is so much laxity in
this doctrine, that great room is left for favor or prejudice, which might give
to the crown an entire dominion over those corporations. On the other hand,
it is undoubtedly true that every subordinate corporate right ought to be
subject to control, to superior direction, and even to forfeiture upon just
cause. In this reason and law agree. In every judgment given on a corporate
right of great political importance, the policy and prudence make no small
Page 486
part of the question. To these considerations a court of law is not
competent; and, indeed, an attempt at the least intermixture of such ideas
with the matter of law could have no other effect than wholly to corrupt the
judicial character of the court in which such a cause should come to be
tried. It is besides to be remarked, that, if, in virtue of a legal process, a
forfeiture should be adjudged, the court of law has no power to modify or
mitigate. The whole franchise is annihilated, and the corporate property
goes into the hands of the crown. They who hold the new doctrines
concerning the power of the House of Commons ought well to consider in
such a case by what means the corporate rights could be revived, or the
property could be recovered out of the hands of the crown. But Parliament
can do what the courts neither can do nor ought to attempt. Parliament is
competent to give due weight to all political considerations. It may modify,
it may mitigate, and it may render perfectly secure, all that it does not think
fit to take away. It is not likely that Parliament will ever draw to itself the
cognizance of questions concerning ordinary corporations, farther than to
protect them, in case attempts are made to induce a forfeiture of their
franchises.
The case of the East India Company is different even from that of the
greatest of these corporations. No monopoly of trade, beyond their own
limits, is vested in the corporate body of any town or city in the kingdom.
Even within these limits the monopoly is not general. The Company has the
monopoly of the trade of half the world. The first corporation of the
kingdom has for the object of its jurisdiction only a few matters of
subordinate police. The East India Company governs an empire, through all
its concerns and all its departments, from the lowest office of economy to
the highest councils of state,—an empire to which Great Britain is in
comparison but a respectable province. To leave these concerns without
superior cognizance would be madness; to leave them to be judged in the
courts below, on the principles of a confined jurisprudence, would be folly.
competent; and, indeed, an attempt at the least intermixture of such ideas
with the matter of law could have no other effect than wholly to corrupt the
judicial character of the court in which such a cause should come to be
tried. It is besides to be remarked, that, if, in virtue of a legal process, a
forfeiture should be adjudged, the court of law has no power to modify or
mitigate. The whole franchise is annihilated, and the corporate property
goes into the hands of the crown. They who hold the new doctrines
concerning the power of the House of Commons ought well to consider in
such a case by what means the corporate rights could be revived, or the
property could be recovered out of the hands of the crown. But Parliament
can do what the courts neither can do nor ought to attempt. Parliament is
competent to give due weight to all political considerations. It may modify,
it may mitigate, and it may render perfectly secure, all that it does not think
fit to take away. It is not likely that Parliament will ever draw to itself the
cognizance of questions concerning ordinary corporations, farther than to
protect them, in case attempts are made to induce a forfeiture of their
franchises.
The case of the East India Company is different even from that of the
greatest of these corporations. No monopoly of trade, beyond their own
limits, is vested in the corporate body of any town or city in the kingdom.
Even within these limits the monopoly is not general. The Company has the
monopoly of the trade of half the world. The first corporation of the
kingdom has for the object of its jurisdiction only a few matters of
subordinate police. The East India Company governs an empire, through all
its concerns and all its departments, from the lowest office of economy to
the highest councils of state,—an empire to which Great Britain is in
comparison but a respectable province. To leave these concerns without
superior cognizance would be madness; to leave them to be judged in the
courts below, on the principles of a confined jurisprudence, would be folly.
Page 487
It is well, if the whole legislative power is competent to the correction of
abuses which are commensurate to the immensity of the object they affect.
The idea of an absolute power has, indeed, its terrors; but that objection lies
to every Parliamentary proceeding; and as no other can regulate the abuses
of such a charter, it is fittest that sovereign authority should be exercised,
where it is most likely to be attended with the most effectual correctives.
These correctives are furnished by the nature and course of Parliamentary
proceedings, and by the infinitely diversified characters who compose the
two Houses. In effect and virtually, they form a vast number, variety, and
succession of judges and jurors. The fulness, the freedom, and publicity of
discussion leaves it easy to distinguish what are acts of power, and what the
determinations of equity and reason. There prejudice corrects prejudice,
and the different asperities of party zeal mitigate and neutralize each other.
So far from violence being the general characteristic of the proceedings of
Parliament, whatever the beginnings of any Parliamentary process may be,
its general fault in the end is, that it is found incomplete and ineffectual.
[67] The purpose of the misrepresentation being now completely answered,
there is no doubt but the committee in this Parliament, appointed by the
ministers themselves, will justify the grounds upon which the last
Parliament proceeded, and will lay open to the world the dreadful state of
the Company's affairs, and the grossness of their own calumnies upon this
head. By delay the new assembly is come into the disgraceful situation of
allowing a dividend of eight per cent by act of Parliament, without the least
matter before them to justify the granting of any dividend at all.
[68] This will be evident to those who consider the number and description
of Directors and servants of the East India Company chosen into the
present Parliament. The light in which the present ministers hold the labors
of the House of Commons in searching into the disorders in the Indian
administration, and all its endeavors for the reformation of the government
abuses which are commensurate to the immensity of the object they affect.
The idea of an absolute power has, indeed, its terrors; but that objection lies
to every Parliamentary proceeding; and as no other can regulate the abuses
of such a charter, it is fittest that sovereign authority should be exercised,
where it is most likely to be attended with the most effectual correctives.
These correctives are furnished by the nature and course of Parliamentary
proceedings, and by the infinitely diversified characters who compose the
two Houses. In effect and virtually, they form a vast number, variety, and
succession of judges and jurors. The fulness, the freedom, and publicity of
discussion leaves it easy to distinguish what are acts of power, and what the
determinations of equity and reason. There prejudice corrects prejudice,
and the different asperities of party zeal mitigate and neutralize each other.
So far from violence being the general characteristic of the proceedings of
Parliament, whatever the beginnings of any Parliamentary process may be,
its general fault in the end is, that it is found incomplete and ineffectual.
[67] The purpose of the misrepresentation being now completely answered,
there is no doubt but the committee in this Parliament, appointed by the
ministers themselves, will justify the grounds upon which the last
Parliament proceeded, and will lay open to the world the dreadful state of
the Company's affairs, and the grossness of their own calumnies upon this
head. By delay the new assembly is come into the disgraceful situation of
allowing a dividend of eight per cent by act of Parliament, without the least
matter before them to justify the granting of any dividend at all.
[68] This will be evident to those who consider the number and description
of Directors and servants of the East India Company chosen into the
present Parliament. The light in which the present ministers hold the labors
of the House of Commons in searching into the disorders in the Indian
administration, and all its endeavors for the reformation of the government
Page 488
there, without any distinction of times, or of the persons concerned, will
appear from the following extract from a speech of the present Lord
Chancellor. After making a high-flown panegyric on those whom the House
of Commons had condemned by their resolutions, he said:—"Let us not be
misled by reports from committees of another House, to which, I again
repeat, I pay as much attention as I would do to the history of Robinson
Crusoe, Let the conduct of the East India Company be fairly and fully
inquired into. Let it be acquitted or condemned by evidence brought to the
bar of the House. Without entering very deeply into the subject, let me
reply in a few words to an observation which fell from a noble and learned
lord, that the Company's finances are distressed, and that they owe at this
moment a million sterling to the nation. When such a charge is brought,
will Parliament in its justice forget that the Company is restricted from
employing that credit which its great and flourishing situation gives to it?"
END OF VOL. II.
appear from the following extract from a speech of the present Lord
Chancellor. After making a high-flown panegyric on those whom the House
of Commons had condemned by their resolutions, he said:—"Let us not be
misled by reports from committees of another House, to which, I again
repeat, I pay as much attention as I would do to the history of Robinson
Crusoe, Let the conduct of the East India Company be fairly and fully
inquired into. Let it be acquitted or condemned by evidence brought to the
bar of the House. Without entering very deeply into the subject, let me
reply in a few words to an observation which fell from a noble and learned
lord, that the Company's finances are distressed, and that they owe at this
moment a million sterling to the nation. When such a charge is brought,
will Parliament in its justice forget that the Company is restricted from
employing that credit which its great and flourishing situation gives to it?"
END OF VOL. II.
Page 489
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THE RIGHT HONOURABLE EDMUND BURKE, VOL. 02 (OF 12) ***
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renamed.
Creating the works from print editions not protected by U.S. copyright law
means that no one owns a United States copyright in these works, so the
Foundation (and you!) can copy and distribute it in the United States
without permission and without paying copyright royalties. Special rules,
set forth in the General Terms of Use part of this license, apply to copying
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