IMAGE EVALUATION TEST TARGET (MT-3) Y ■^ ^ A '^ 1.0 I.I lU u us lis |Z£ 2.0 lit IL25 i 1.4 1.6 Photogiapmc Sciences Corporation • /"Vk. ■. Oi.^'-O^i // ■ ■■'/ / // m. III..R. JL'.i:iliit rk-LNCiK ^F'^'^'ALE '^5. mmBSBCte^m ; J '■ \ ••; / A LETTER, &c. .J ■■%■:■■ Gentlemen, I Have the honour of fending you the two laft afts which have been palFed with regard to the troubles in America. Thefe a6ts are fimilar to all the reft which have been made on the fame fubjeft. They operate by the fame prin- ciple ; and they are derived from the very fame policy. I think they compleat the number of this fort of ftatut^s to nine. It affords no mat- ter for very pleafing refleftion, to obferve, that our fubjefts diminifti, as our laws encreafe. If I have the misfortune of differing with fome of my fellow-citizens on this great and arduous fubjed, it is no fmall confolation to me, that I do not differ from you. With you, J am perfeftly united. We arc heartily agreed in A 2 our C 4 ] our dcicftaMon of a civil war. We have ever exprcdcd the niofi: unqualilicd difapprobation of ail the fteps which have led to it, and of all thofe which tend to prolong it. And I have no doubt that we feel cxadly liic fame emotions of grief and fhamc on all its miferablc confequen- ces; whether they appear, on the one fide or the other, in the fhape of viftories or defeats, of captures made from the Englifh on the conti- nent, or from the Englifh in thefe Iflands; of legiflative regulations which fubvert the liber- ties of our brethren or which undermine our own. -.::i , i - -^ plc gui Of the firfl of thefe flatutes (that for the let- ter of marque) I fhall fay little. Exception- able as it may be, and as I think it is in foqie particulars, it feems the natural, perhaps necel- •fary refuU of the meafures we have taken, and the fituation we are in. The other (for a par- tial fufpenfion of the Habeas Corpus) appears to me of a much deeper malignity. During its progrefs through the Houfe of Commons, it has been amended, fo as to exprefs more diftinftly than at firft it did, the avowed fentiments of thofe who framed it: and the main ground of my exception to it is, beCaufe it does exprefs, and does carry into CKCcutipn, purpofes which appear to me fo contradi6tory to all the princi- pies 'i C 5 ] pies, not nniy of the confliiutional policy of Crcat-Britain, but even of that fpecies ofhollilc juOice, which no afperity of war wholly cxiin- giiifhes ill the mindi; of a civilized people. let- It fecms to have \i\ view two capital objeQs; the firll, to enable adminiltration to confine, as long as it (hull think proper, thofe, whom that a6l is plcafed to qualify by the name of Pirates, Thofe fo qualified, I undeifland to be, the commanders and mariners of fuch privateers and fhips of war belonging to the colonics, as in the courfe of this unhappy conteft may fall into the hands of the Crown. They are there- fore to be detained in prifon, under the crimi- nal defcription of piracy, to a future trial and ignominious puniihment, whenever circum- llances fhall mai^e it convenient to execute ven- geance on them, under the colour of that odious and infamous offence. To this firft purpofe of the law, I have no fmall diflike ; becaufe the a6t does not, (as all laws, and all equitable tranfaclions ought to do) fairly defcribe its objefct. The perfons, who make a naval war upon us, in confequence of the prefent troubles, may be rebels ; but to call and treat them as pirates, is confounding, not only the natural diftinftion of things, but . •>• A3 ' the [63 the order of crimes ; which, whether by put- ting them from a higher part oF the Icale to the lower, or from the lower to the l)igher, is never done without dangeroully difordering the whole frame of jurifprudcnce. Though piracy may be, in the eye of the law, a lefs offence than treafon; yet as both arc, in efl'ed, puniflied with the fame death, the fame forfeiture, and the fame corruption of blood, I never would take from any fellow creature whatever, any fort of advantage which he may derive to his fafety from the pity of n^ankind, or to his re- putation from their general feelings, by de- grading his offence, when I cannot foften his punifhrnent. The general fcnfe of mankind tells me, that thofe offences, which may pofli- bly arife from miftaken virtue, arc not in the clafs of infamous aftions. Lord Coke, the ora- cle of the Englifh law, conforms to that general fenfe where he fays, that ** thofe things which ** are of the higheft criminality may be of the '' Icaft difgrace." The ^6t prepares a fort of mafqued proceeding, not honourable to thejuf- tice of the Kingdom, and by no means necef- fary for its fafety. I cannot enter into it. If Lord Balmerino, in the lafl Rebellion, had driven off the cattle of twenty clans, I fhould have thought it would have been a fcandalous utterly unworthy of the manli- n f( J^ OO" ncfs put- o the never whole may than iflicd , and would ■f any to his t. 7 ] nefs of an Englifh judicature, to have tried him for felony, as a (dealer of cows. Befides, I mull honeflly tell you, that I could not vote for, or countenance in any way, a ftatutc, which (tigmatizes with the crime of piracy, thcCc men, whom an a6l of parliament had previoufly put out of the protcftion of the law. When the Icj^iflature of this Kingdom hud ordered all their lhi[)s and goods, for the mere new-created ofi'ence of exercihng trade, to be divided as a fpoil among the Teamen of the navy, — to confider the neccflary reprifal of an unhappy, profcribcd, interdicted people, as the crime of piracy, would have appeared in any other legillature than ours, a ftriin of the mod infulting and moft unnatural cruelty and injuftice. I affure you, I never remember to have heard of any thing like it in any time or country. The fecond profefTed purpofe of the aft is to detain in England for trial, thofe who (hall com- mit high treafon in America. That you may be enabled to enter inta the true fpirit of the prefent law, it is necefl'ary, gentlemen, to apprife you, that there is an aO:, made fo long ago as in the reign of Henry the A 4 eighth, / r I 8 J eighth, before the exiftencc or thought of any Englifh colonies in America, for the trial in this kingdom of treafons committed out of the realm. In the year 1769, parliament thought proper to acquaint the crown with their con- ftfufcVion of that a6t in a formal addrcfs, wherein tliey intreated his Majefty, to caufe perfons, charged with high trcafon in Ame- rica, to be brought into this kingdom for trial. By this aft of Henry the eighth, fo con- flrued andfo applied, almoft all that is fubftantial and beneficial in a trial by jury, is taken away from the fubjeO; in the colonies. This is how- ever faying too little; for to try a man under that a6l is. in efFe6i:, to condemn him unheard. A perfon is brought hither in the dungeon of a fhip's hold : thence he is vomited into a dun- geon on larvd; loaded with irons, unfurnifhed with money, unfupported by friends, three thoufand miles from all means of calling upon, or confronting evidence, where no one local circumftance that tends to detecl perjury, can pG-ffibly be judged of; — fuch a perfon may be executed according to form, but he can never be tried according to juftice. '41'. ' I therefore could never reconcile myfelf to the bill I fend you ; which is exprefsly provided to remove all inconveniences from the eftablifh- ment *- /;, y ment of a mode of trial, which has ever appear- ed to me niofl unjuft and inoil unconllitu- tional. Far from removing the difficulties which impede the execution of fo mifchievous a projed, I would heap new difficulties upon it, if it were in my power. All the antient, ho- ned juridical principles and inftitutions of Eng- land are fo many clogs to check and retard the headlong courfe of violence and oppreffion. They were invented for this one good purpofe ; that what was not juft Ihould 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 diftated by prefent heat. I could fee no fair juftifiable expedience pleaded to favour this new fufpenfion of the liberty of the fubjeft. If the Englifh in the colonies can fupport the independency, to which they have been unfortunately driven, I fuppofe nobody has fuch a fanatical zeal for the criminal juftice of Henry the eighth, that he will contend for executions which muft be retaliated tenfold on his own friends j or who has conceived fo ftrangc an idea of Enghlh dijTnity, as to think the defeats in America compenfated by the triumphs at Tyburn. If on the contrarv. the colqnies are reduced to the obedience C 10 ] obedience of the crown, there mu(l be under that authority, tribunals in the country itfelf, fully competent to adminiller jullice on all of- fenders. But if there are not, and that we rauft fuppofe a thing fo humiliating to our govern- ment, as that all this valt continent fhould unani- moufly concur in thinking, that no ill fortune can convert refinance to the royal authority into a criminal a£l, we may call the effeft of our vic- tory peace, or obedience, or what we will; but the war is not ended : The hoftile mind conti- nues in full vigour, and it continues under a worfe form. If your peace be nothing more than a fullen paufe from arms ; if their quiet be nothing but the 'meditation of revenge, where fmitten pride fmarting from its wounds, fefters into new rancour, neither the a6t of Henry the eighth, nor its handmaid of this reign, will an- fwcr any wife end of policy or jultice. For if the bloody fields, which they faw and felt, are not fuflicient to fubdue the reafon of America (to ufe the exprefTive phrafe of a great Lord in office) it is not the judicial fiaughter, which is made in another hemifphere againft their uni- verfal fenfe of judicc, that will ever reconcile them to the Britifli government. I take it for 'granted, gentlemen, that Ve fympathize in a proper horror of all punifli- • ment ^w *i-M' .*■' c n ] ment further than as it lerves for an example?/ To whom then does the example of tn execu- tion in England for this Ameiican rebellion apply ? Remember, you are told every day, that the prefent is a contcit between the two countries ; and that we in England are at war for our own dignity againit our rebellious cnil- dren. Is this true ? If it be, it is furcly among fuch rebellious children that examples for difo- bedience Ihould be made, to be in any degree inllruBive : For who ever thought of leach- ing parents their duty by an example from the punilhment of an unduiiful fon ? As well might the execution of a fugitive negro in the plantations, be confidcred as a leflon to teach mailers humanity to their flavevS. Such ex- ecutions may indeed fatiate our revenge ; they may harden our hearts; and pufFus up with pride and arrogance. Alas ! this is not inftruQion ! Jf any thing can be drawn from fuch exam- ples by a parity of the cafe, it is to fhew, how deep their crime, and how heavy their punifli- mcnt will be, who Ihall at any time dare to re- fill a diftant power aclur\lly dilpofing of their pro- perty, without their voice or confent to the difpofition ; and overturning their franchifes without charge or hearing. God forbid, that England fliould ever read this Icllbn written in the blood of any of her ofF-fpring ! War ¥^a I f 14 ) War is at prefenf carried on, between" the King's natural and foreign troops, on one fide, and the EnglUb in America, on the other, upon the ufual footing of other wars ; and accord- ingly an exchange of prifoncrs has been regu- larly made from the beginning. If notwith- ftanding this hitherto equal procedure, upon feme profpetl: of ending the war with fuccefs f which however may be delufive) adminiftraiion prepares to aft againft ihofe as traitors who re- main in their hands at the end of the troubles, in my opinion we Ihall exhibit to the world as indecent a piece of injuftice as ever civil fury has produced. If the prifoners who have been exchanged, have not by that exchange been virtually pardoned, the cartel (whether avow- ed or underftood) 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 fairnefs in the tranfaclion. If on the other hand, we admit, that they, who are aQually exchanged are pardoned, but con- tend that you may juftly referve for vengeance, ihofe who remain unexchanged; then this un- plealant and unhandfome confequence will fol- low; that you judge of the delinquency of men merely by the time of their guilt, and not by the heinoufnefs 'of it^ and you make fortune - and ( '3 ) accidents, and not the moral qualities of human action the rule of your juftice. Thefe ftrange incongruities muft ever per- plex thofe, who confound the unhappinefs of civil dilTcntion, with the crime of trcafon. Whenever a rebellion really and truly exifts, which is as ealily known in faft, as it is difficult to define in words, government has not entered into fuch military conventions; but has ever de- clined all intermediate treaty, which fhould put rebels in pofTeffion of the law of nations with regard to war. Commanders would receive no benefits at their hands, becaufe they could make no return for them. Who has ever heard of capitulation, and parole of honoqr, and ex- change of prifoners in the late rebellions in this kingdom ? The anfwer to all demands of that fort was, " we can engage for nothing ; you are " at the King's pleafure." We ought to re- member, that if our prefent enemies be, in reality and truth, rebels, the King's generals have no right to releafe them upon any condi- tions whatfcever ; and they are themfelves an- fwerablc to the law, and as much in want of a pardon for doing fo, as the rebels whom they releafe. Lawyers, I! ( 14 ) . Lawyers. I know, cannot make the diftinc- tion, for which I contend ; becaufe they have their (triCt rule to go by. But legiflators ought to do what lawyers cannot; for they have no other rules to bind them, but the great princi- ples of reafon and equity, and the general fenfe of mankind. Thefe they are bound to obey and follow; and rather to enlarge and enlighten law by the liberali.y of legiflative reafon, than to fetter and bind iheir higher capacity by the narrow conllruBions of Jubordinate artificial jullice. If we had adverted to this, we never could confider the convulfions of a great em- pire, not dilturbed by a little difl'eminated fac- tion, but divided by whole communities and provinces, and entire legal reprefentatives of a people, as fit matter of difcuffion under a com- miffion of Oyer and Terminer, It is as oppo- fite to reafon and prudence, as it is to huma- nity and juftice, ■ ■ . \, :. This aft., proceeding on thefe principles, that is, preparing to end the prefent troubles by a trial of one fort of hoftility, under the name of piracy, and of another by the name of trea- fon, and executing the a6l of Henry the eighth according to a new and unconftitutional inter- pretation, I have thought evil and dangerous, even * • ■l o rfci n .ip m iw ^' > I ''wm ( '5 ) even though the inftruments of effe6ling fuch purpofes had been merely oi" a neutral quality. But it really appears to me, that the means which th\i att employs are, at leaft, as excep- tionable as the end. Permit me to open my- fclf a little upon this fubjeft, becaufe it is of importance to me^ when I am obliged to fub- mit to the power without acquicfeing in the reafon of an aft of legiflature, that I fhould juftify my dKTent, by fuch arguments as may be fuppofed to have weight with a fober man. " The main operative regulation of the a6l is to fufpend the common law, and the ftatuie, Habeas Corpus, (the fole fecurities either for liberty or juftice) with regard to all thofe who have been out of the realm or on the high feas, within a given time. The reft of the people, as I un- derftand, are to continue as they ftood before. I confefs, gentlemen, that this appears to me, as bad in the principle, and far worfe in its con- fequence, than an univerfal fufpenfion of the Habeas Corpus aft; and the limiting qualification, inftead of taking out the fting, does in my humble opinion fliarpen and envenom it to a greater degree. Liberty, if I underftand it at »11, is a general principle, and the clear right ' ■ of of ail the fubjccls within the realm, or of none. Partial freedom fccms to me a moft invidious mode of liavery. But unfortunately, it is the kind of flavery the mod eafily admitted in times of civil difcord; for parties, are but too apt 10 forget their own future fafety in their defire of facrificing their enemies. People without much difficulty « 'mit the entrance of that injuftice of which they are not to be the immediate vifilims. In times of high proceeding it is never the fac- tion of the predominant power, that is in dant- ger ; for no tyranny chaftifes its own inftru- mcnts. It is the obnoxious and the fufpe6led who want the protcdion of law; and there is nothing to bridle the partial violence of i^ate faftions, but this ; " that whenever an a6t is " made for a ceflation of law and juftice, the *' whole people fhould be univcrfally fub- *' jefted to the fame fufpenfion of their fran- " chifcs." The ^larm of fuch a proceeding would then be univerfal. It would operate as a fort of Call of the nation. It would become every man's immediate and inftant concern to be made very ^-^nfible of the ahfohk nccefUy of this total eclipfe of liberty. They would more carefully advert to every renewal, and mojce powerfully refift it. Thefe great determined meafures arc not commonly fo d^ngeraus to freedom. They are marked with too ftrong lioe^ i ( '7 ) • lincB to (lidc into ufe. No plea, nor pretence of , inconvenience or evil example (which muft in their . nature be daily and ordinary incidents) can be admitted as a rcafbn for fuch mighty operations, t But the true danger is, when Liberty is nibbled , away, for expedients, and by parts. The Habeas , Corpus a£l fuppofes, contrary to the genius of , niofl other laws, that the lawful Magiftrate may ^ fee particular men with a malignant eye, and it , provides foi; that identical cafe. But when men, in particular defcriptions, marked out by the Magiflrate himfelf, are delivered over by par- liament to this poifible malignity, it is not the Habeas Corfui that is occafionally fufpended, but its (pirit, that i^ miftaken, and its principle that is fubverted. Indeed nothing is fecurity to any- individual, bMt ^he commpn interell of all. . r, This aO. therefore, has this diftinguilhed evil in it, that it is the firft/ar/iW fufpenfion of the Habeas Corpus that has been made. The prece- dent, which is always of very great importance^ is now eftabliftied. For the firft time a diftinc- tion is made among the people within this realm. Before this aft, every man putting his foot on E^glifti ground, every ftranger owing only a Ipca^l a/id temporary allegiance, even negro ilaves, who had been fold in the Colonies and und^r an a6i of parliament, became as free as , B every • ( «8 ) every other man who breathed the fame air with them. Now a line is drawn, which may be ad- vanced further and further at pleafure, on the fame argument of mere expedience, on which it was firft defcribed. There is no equality among ' us ; we are not fellow-citizens, if the mariner who lands on the quay, does not reft on as firm legal ground, as the merchant who fits in his compting-houfe. Other laws may injure the community, this diflblves it. As things now ftand, every man in the Weft-Indies, every one inhabitant of three unoffending provinces on the Continent, every perfon coming from the Eaft- Indies, every gentleman who has travelled for his health or education, every mariner who has navigated the feas, is, for no other offence, un- der a temporary profcription. Let any of thefe fa6ts (now become prefumptions of guilt) be proved againft him, and the bare fufpicion 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 perfon apprehended on fufpicion, to the fubverfion of all juftice. I have not debated againft this bill in its pro- grefs through the Houfe; becaufe it would have been vain to oppofe, and impoffible to corre6k it. It is fome time fmce I have been clearly convinced, that tnf the prefent ftate of things, ( '9 ) k\\ oppofitibn 'to any meafures propofed by Miniders, where the name of America appearsi is vain and frivolous. You may be fure, that I do not fpeak of my oppofition, which in all circumftantfcs muft be fo ; but that of men of the greated wifdom and authority in the nation. Bvery thing propofed againft America is fup- pofed of courfe to be in favour of Great Britainr.' Good and ill fuccefs are equally admitted at reafons for perfevering in the prelent tnethods« Several very prudent, and very Well imention- ed perfons were of opinion, that during the prevalence of fuch difpoGtions, all ftruggle rather inflamed than lelTened the diftemper of the public counfels. Finding fuch refiftance 16 be confidered as faQious by moft within doors, and by very many wfthotit^ I cannot confcien* tioufly fupport what is againft my opinion, nor prudently contend with what I know is irreiif« tible. Prefcrving my principles mifhaken, i referve my a6iivity for National endeavours; and I hope that my paft condu6t has given fuificient evidence, that if I am a fingle day from my place, it is not owing to indolence or love of diffipation. The flighted hope of doing good is fufiBcient to recall me to what I quitted with regret. In declining for foifne time nry ufual firi3 attendance, I do not in the lead condemn the fpirit of thofe Gentlemen, who with a juil B 8 confidence I y * ij ( ao ) confidence in their abilicica, (in which I claim a iort of Iharc from my love and admiration of them) were of opinion tha^ *hcir exertions in this dcrpcratc cafe might be of fomc fervice. They thought, that by contrading the fphere of its application, they might lefTcn the malignity of an evil principle. Perhaps th«.y were in the right. Rut when my opinion was fo very clearly to the contrary for the reafons I have juii ftatcd, I am furc my attendance would have been ridiculous. I mull add, in further explanation of ray conduct, that far from foftcning the features of fuch a principle, and thereby removing any part of the popular odium or natural terrors at- tending it, I (hould be forry, that any thing framed in contradiction to the fpirit of our con- ftitution did not indantly produce in fa6t, the grofleft of the evils, with which it was pregnant in it» nature. It is by lying dormant a long time, or being firft very rarely exercifed, that arbitrary power (teals upon a people. On the next unconftitutional ad, all the fafhionable world will be ready to fay — Your prophecies are ridiculous, your fears are vain, you fee how little of the mifchiefs which you formerly fore- boded are come to pafs. Thus, by degrees, that artful foftcning of all arbitrary power, the ' ' alledgcd w m \ (21 ) alledg^d InfVcqMty W^^'^arfdW mM of Its opcratidn, will be received as a fort df ajiho- rirm<^and Mr.Nu^ewiW hot befingiilar in tel- ling us, that the felicity of mankind is no more diflurbed by it, than by earthquakes, or thunder, or the other tnote untifual accidents of nature. • I -1 •♦ • « " • ■'• The aft of which 1 fpeak is among ihc fruits df the Aitieticah wkr j fit war in my hutnble ot>ihioh, produ8i\re of hiany mifchtefit of a kind, whickdiftinguiih it from all others. Ndtonly our policy it deranged, and our empire dtftrac- ted, but our laws and our legiflative f^'irk ap- pear to have been totally perverted by it; We have mide war on our Colohies, ndt by airtis bnly, but by laws. As hoftiHty and law ftre not very concordant ideas, every ftep we have taken in this bufinefs, has been made by tramp- ling on fome maxim of juftice, or fome capital principle of wife goverrtmbnt. What precedents were eftablilhed, and what principles overturn- ed, (I will hot fay of Ehglifli privilege but of gieherii juftice,) in the Bofton Port, the Mafla- chufets Chartfer, the Military Bill, and all that lortg anrcy of hoftile a6ls of parliament, by which the wAr with America has been begun and fupported ? Had the principled of ahy of theie afts been firft exerted on Englilh ground they would probably have expired as foon as - 3 3 they it 1 ( .■1 \ ( M ) ihjcy touched it. But by being removed from our perfons, they have rooted in our laws; and the latefl pofterity will (afte the fruits of them* Nor is it the word e{fe£k of this unnatural contention, that our law are corrupted. Whilli ffumrurs remain entire, they will correct the vices o^law, and foften it at length to their own temper. But we have to lament, that in moft of the late proceedings we fee very few traces of that generofity, humanity, and dignity of mind which formerly chara^rized this nation. War fufpends the rules of moral obligationi and what is long fufpended is in danger of beiiig totally abrogated. Civil wars ftrike deepeft of all into the manners of the people. They viti- ate their politicks; they corrupt iheir morals; they pervert even the natural tafte apcf relifh of equity and juftice. By teaching us to coniider our fellow-citizei)$ in an he flile light, the whole body of our nation becomes gradually lefs dear to us. The very names of aiFe6lion and kin- dred, which were the bond of chs^rity whilft we agreed, become new incentives to hatred ^nd rage, when the communion of our country ^s diflblved. We may flatter ourfeves that we ihall not fall into this misfortune. But we have no charter of exemption, that I know of, from the qrdiqary frailties of our nature. . u What i * f r e r ft d y e e at < 23 ) What but that blindnefs of heart which arifes from the phrenfy of civil contention, could have made any perfons conceive the prefent fituation of the Britifli affairs as an obje6l of triumph to themfelves or of congratulation to their Sovereign ? Nothing furely could be more lamentable to thofe who remember the flourifhing days of this kingdom, than to fee the in fane joy of feveral unhappy people, a- midft the fad fpe£iatle which our affairs and condu6i exhibit to the fcorn of Europe. We behold, (and it feems fome people rejoice in /beholding,) our native land, which ufed to fit the envied arbiter of all her neighbours, re- duced to a ifervile dependence on their mercy ; acquiefcing in afTurances of friendlhip which (he does not trud ; complaining of hofiilities which fhe dares not refent ; « deficient to her allies; lofty to her fubje£l$, and fubmidive to her enemies ;. whilli the liberal government of this free nation is, fupported by the hireling fword of German boors and vafTals ; and three millions of the fubje6ls of Great-Britain, are feeking for proteftion to Englifh privileges in the arms of France I .^' # ; ■ ■ ■ . .■'• Thefe circumftances appear to me more like fhockimg prodigies, than natural changes in human affairs. Men of fiimer minds may fee B4 them ( *4 ) them witlioiit ifeiggerihg dr aftbniihrtiint.— Some miaiy ihiHk the^ inatters 6F cbngratulatidn and c^bmplimentary addi^efles; bUt I truil your candour ^ill t)e fb ihdul^etii to my weakhefs, as not to have the Worfe opinion of me for iny declining to participate in this joy ; and my rejeding iatll (hare what(bever in fuch a tri- umph. I km too old, too ftifF In my inveter- ate partialities, to be ies^dy dt all the fa^oh- iable evolutions of opiiii^. 1 fcarcely know how to adapt my mind to the feelings with -iirhrch the C^urt Gazettes mean io impress fhe people. It is not inftan'tly that 1 can be brought to rejoice, wheh I h^ar of the flaiigb- ter and captivity 6f long lifts df thofe names •Which have been fdmili^r tditiy'eafs from my '"infancy, artd to rejoice that itiey have falfeh ■iihder tKe iwotd of ftrahgers, VhOxe t:(arbarpus *iipjyeilati5ns I fdarcely know how to prbnounce. *rhe glory acquired at the White-Flamhy Colonel ■ftaiUe, has no charms for nie; and I fairly ac- KnoVledge, that I have not yet Jearned to de- ilfeht in finding Art Knifha^fen in the heart of "ihe Britifti dbminions. It might be fome confolation for the lofs of ddr" bid 'regards, If our reafbn were enlighten/^d in'propohioh as diir hon^il prejudices are re- indved. Waiiiirtg feelings for the honour of our ( 25 ') OUT coufitry, We veiygjnt then in cord blood be -brought to thvttk i little of our Iriterefts as indi- Vidunl citizens, and our private confcience as knaral agtehts. ^^'TlnBeefd 6ur ilffairs aire in a tad condition. I ''do dffure thofe Gentlemen who have praypd for war, and b'btained the blefiing they have fought, that they are at this inftant in very great ftraits. The abufed wealth of this country continues a little longer to feed its diftemper. As yet they, and their German allies of twenty hereling ftates, have contended only with the unprepared llrength of our own infant Co- lonies. But America is not fubdued. Not one unattacked village which was originally adverfe throughoat that vaft continent, has ' yet.fubraitted fiom love or terror. You have the grourid you encamp on ; and you haye jio more. The cantonments of your troops and your dominions are exa6ily of the fame extent. You fpread devaftation, but ou do not enlarge the fphere of authority. i: 1 \ lit ::': sy The eyents of this wa;r a¥e bf fo much greater Magnitude than thofe who either wifhed of feared it, ever looked for, that this alone ought 16 fill every corifiderate nnind with anxiety and diffidence. Wife men often tremble at the very '^'^ HTf^^ I r i 1 / i 1 \ h i ( a6 ) very things which fill the thoughlefs with fecu^ rity. For many reafons I do not choofe to ex- pofe to public view, all the particulars of the flate in which you flood with regard to foreign powers, during the whole courfe of the lafl 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 fafety, I could not eafily forgive thofe who bad brought me into the mod dreadful perils, be- caufe by accidents, unforefeen by iliem or me, I have efcaped. Believe me. Gentlemen, the way flill before you is intricate, dark, and full of perplexed and treacherous mazes. Thofe who think they have the clue, may lead us out of this labyrinth. We may Iruft them as amply as we thirik proper ; but as they have mofl certainly a call for all the reafon which their flock can furnifh, why fhould y;c think it proper to diflurb its operation by inflaming their paffions ? Imay be unable to lend an helping hand to thofe who direft the flate; but I fhould be afhamed to make myfclf one or a tioify multitude to bojlov/ and hearten them into doubtful and dangerous courfes. A confcientious man would be cauti- ous how he dealt in blood. He would feel ; fume apprehenfion at being called to a tremen- dpus .nf * ■ -^ .f ' = / ^ . ! ' . ( ( «7 ) dous account for engaging in fo deep a play, ^vithout any fort of knowledge of the game^ It is no excufe for prefumptuous ignorance, that it is direded by infolent paflion. The pooreft being that crawls on earth, contending to fave itfelf from injuftice and oppreflion, is an obje6l refpe^lable in the eyes of God and man. ^ut I j^annot conceive any exiftence under heaven, (which in the depths of its wifdom, tolerates all forts of things) that is more truly odious and jclifgu(lii)g, than an impotent helplefs creature, without civil wifdopi, or military (kill, without ^ confcioufnefs of any other qualification for power but his fervility to it, bloated with pride and arrogance, calling for battles which he is pot to fight, contending for a violent dominion which he can never exercile, and fatisfied to be )iimfelf mean and miferable, in order to render ■ pjh^;rs contemptible and wretched. Jf you and I find our talents not of the great jftnd ruling kind, our condu£t at leaft, is con- formable to our faculties. No man's life pays |he forfeit of our raflinefs. No defolate widow weeps tears of blood over our ignorance. Scru- pulous and fober in our well-grounded diftruft pf ourfelves we would keep in the port of peace and fecurity; and perhaps in recommending to pthers fomc^hing of the fame diffidence, we (hould «i ! y ;i^ill (3 •'f ( a8 ) Ihould flicw ourfelves more chariUble to their welfare, than injurious to their abilitiies. >*>^ (. * There arc many circuniAahccs in ike 2eal fhewn for civil war, which feem to dilcbVer but little of real magnanid)ity. fhe ad()re0ers offer their own perfons, an4 they are fatisfied with hiring Germans. They promife their private fortunes, and they mortgage their cbuntiry. They have all the merit of volunteers, withbiit rifque of perfon or charge of contribution ; and when the unfeeling arn? of a foreign fbldiery pours out their kindred blood like water, they exult and triumph as if thev themfelves had performed fome notable exploit. I am really alhamed of the fafhionable language whicn has been held for fome time paft ; which to fay the be{l of it, is full of levity. You know, that I allude to the general cry agaihft the cowardice of the Americans, as if we defpifed them for not making the King's foldiery pur- chafe the advantage they have obtained, at a rlearer rate It is not Gentlemen, it Is not, to rcfpeSl the difpenfations of Providence, nor to provide any decent retreat in the mutability of human afiiairs. It leaves no medium be- tween infolent vi6lo*ry and infamous ;defeat. It tends to alienate our minds further and further from our natural regards, and to make an eternal # » • I \> I • ( 2» ) eternal rent and fchifm in the Britifli nation. Thofe who do not with for fuch a reparation, would not diflblve that cement of reciprocal efteem and regard, wihich can alone bind together the parts of this great fabrick. It ought to be our wifli, as it is our duty, not • only to forbear this ftyle of outrage ourfelves, but to make every one as fenfible as we can of the impropriety and unworthinefs of the tem- pers which give rife to it, and which defigning men are labouring with fuch malignant indullry to difFufe amongft us. It is our bufinefs to countera6t them, if poflible ; if poffiblc to a- wake our natural regards ; and to revive the old partiality to the Englifh name. Without fome^hingof this kind I do not fee how it is ever practicable really to reconcile with thofe, whofe affeftion, after all muft be the fureft hold of our government ; and which is a thou- fand times more worth to us, than the mercc» nary zeal of all the circles of Germany. I can well conceive a country completely over-run, and miferably wafted, without ap- proaching in the leaft to fetdement. In my apprehenfion as long as Englifti government is attempted to be fupported over Englilhmcn by the fword alone, things will thus continue. I anticipate in my mind the moment of the final triumph 1^ « \' ■:f II I, ■« j ( 30 ) triumph of foreign military force. When that hour arrives, (for it may arrive) then it is, that all this mafs of weaknefs and violence will ap- pear in its full light. If we fhould be expelled from America, the dclufion of the partizans of military government might ftill continue. They might Itill feed their imaginations with the pof- iible good confequences which might have at- tended fuccefs. Nobody could prove the con- trary by fa6ls. But in cafe the fword (hould do all,- that the fword can do, the fuccefs of their arms and the defeat of their policy, will be one and the fame thing. You will never fee any revenue from America. Some increafe of the means of corruption, without eafe of the public burthens, is the very beii that can happen. U it for this that we are at war ; and in fuch a war ? As to the difficulties of laying once more the foundations of that government, which, for the fake 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 thefe Gendemen, who are fo eager to govern all mankind fhewed himfelf poSfefTed of the firft qualification towards government^ feme knowledge of the objeft, and of the diffi- culties which occur in the tafk they have under- taken ? I aflfure ( 31 ) I aflure you, that on the mod profperous iflue of yuur arms, you will not be where you ftood, when you called in war to fupply the de- feats of your pdlitical eftablifhment. Nor would any diforder or difobedience to government which could arife from the mod abject concef- fion on our part, ever equal thofe which will be felt, after the mo(t 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 hav6 fpared no pains to underdand it ; and I do mod folemnly aflure thofe of my Condituents who put any fort of confidence in ray indudry and integri- ty, that every thing that has been done there has arifen from a total mifconceptioit of the obje£t: that our means of originally holding America, that our means of reconciling with it after quarrel, of recovering it after feparation, of keeping it after victory, did depend, and mud depend, in their feveral dages and periods, upon a total renunciation of that unconditional fub- miflion, which has taken fuch pofleflion of the minds of violent men. The whole of thofe max- ims, upon which we have made and continued this war, mud be abandoned* Nothing indeed, (for I would not deceive you) can place Ms in our former fituation. That hope mud be laid afide. But there is a difference between bad and \ I ! 1, ll I '■> » I n ii /i u ( 3« ) and the word of all. Terms relative to tlie caufc of the war ought to be offered by the au- thority of parliament. An arrangement at home promifing fomc fecurity for tl^cm oug^ to be made. By doing this, without the lead impairing of our ftrengtii, we add to the credit of our moderation, which in itfclf, is aiways ftrengih more or leli. rjil I know many have been taught to think, that raoderaiion, in a cafe like this, is a fort ofireafop; and that all arguments for it are fufficiently an- I'wered by railing at rebels and rebellion, and by charging all the prefent or future miferies which we may fu^er, on the refiftance of our brethren. But I would wifh them, in this grave matter, and if peace is no.t wholly removed from their hearts, to confider ferioufly, firft, that to Cfimiftate and recriminate never yet was th? road to reconciliation, in any difference amongit men. In the next place^ it w,Quld be right to refle£i, that the American Engiifh (whom they may at»\i,fe, if they think it hpnpurable to revile the abfent) can, as things now fland, neither be provoked at our railing, or bettered by our in- iiruSlioi). All communication is cut off between us. But this we know with certainty, thj^t though we cannot reclaim them, we may reform 9;;^^(eJyes. If ipeafures of peace are neceflary, they ( 33 ) I tlicy muft begin fomewhcre ; and a conciliatory temper muft precede and prepare every, plan of reconciliation. Nor do I conceive that we fiifler any thing by thus regulating our own minds. We are not difarmed by being difen- cumbrcd of our paflTions, Declaiming on Re- bellion 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 mufkets againft you. 1 This outrageous language, whi^ has been <^ncouraged and kept alive by every art, has al- ready done incredible mifchief. For a long time, even amidft the defolations of war, and the tnfults of hoftile laws 'daily accumulated on one another; the American leaders feem to have had the greated difficulty in bringing up their people to a declaration of total indepen- dence. But the Court Gazette accoraplifhed what the abettors of independence had attemp- ted in vain. When that difingenuous compila- tion, and ftrange medley of railing and flattery, was adduced) as a proof of the united fenti- ments of the people of Great Britain, there was a great change throughout all America. The tide of popular afFeClion, which had ftill fet towards the parent country, begun immediate- ly to turn ; and to flpw with great rapidity in a contrary courfc. Far from concealing C tbefe *lit it ( 34 ) thefc wild declarations of enmity, the author of the celebrated pamphlet which prepared the minds of the people for independence, infifts largely on the multitude and the fpirit of thefc AddrcfTes ; and he draws an argument from them, which (if the faft were as he fuppofes) muft be irrefiltible. For I never knew a writer on the theory of government fo partial to au- thority, as nut to allow, that the hoftile mind of the rulers to their people, did ftiUy juftify a change of government; nor can any realon what- ever be gHren,why one people fhould voluntarily yield any degree of pre-eminence] to another* but on a fuppofition of great affe6lion and bene- volence towards them. Unfortunately your rulers, trufting to other things, took no notice of this, great principle of connexion. From the begin- ning 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 feemed to be of opinion that they had gone half the way towards reconciling the quarrel. '^^V * I know it is faic!", that your kindnefs is only alienated on account of their r^fiftance ; and therefore if the colonies furrender at difcretion, All fort of regard, and even much indulgence is meant toward* them in future. But can thofc who « ( i ) >vho are pariizans for continuing a war to en- force fuch a furrcnder, be rcfponfible (after all that has palfcd) for fuch a future ufc of a power, that is bound by no coinpa6ls, and rc- llraincd by no terror ? Will they tell us what thc)j|>i:all indulgcncies ? Do they not at this in- ftant call the prefent war and all its horrors, a lenient and merciful proceeding. No conqueror, that I ever heard of has pro/cfgd to make a cruel, harfli, and infolent ufe of his conqueft. No ! The man of the moft declared pride, fcarcely dares to truft his own heart, with this dreadful fccret of ambition. But it will appear in its time ; and no man who profeflTes to reduce another to the infolent mer- cy of a foreign arm, ever had any fort of good- will towards him. The profeffion of kindnefs, with that fword in his hanJ^ and that demand of furrcnder, is one of the moft provoking aQs of his hoftility. I fhall be told, that all this is lenient as againft rebellious adverfarics. But are the leaders of their fadion more lenient to thofe who fubmit ! Lord Howe and General Howe have powers under an Aft of Parliament, to reftdfe to the King's peace and to free trade any men, or diftrift, which ihall fubmit. Is this done ? We have been over and over in- formed by the authorifed Gazette, that the city pf New York and the countries of Staten and C 2 ^ Long • ■'k >l t W T ^'1 H r' i. .;. •' I r I: V ( P ) Long Ifland have fubmiited voluntarily and cheerfully, and that many arc very full of zeal to the caufc of Adminiltration. Were they in- ftantly redored to trade ? Arc they yet reilorcd to it ? Is not tl.^ benignity of two cooimilfioners, naturally moll humane and generous men, fome way fettered by inftrudions, equlmy a- gainft their difpofuions and the fpirit of parlia- mentary faith; when Mr. Tryon, vaunting of the fidelity of the City in which he is Gover- nor, is obliged to apply to miniftry for leave to proteQ the King's loyal fubje6ls, and to grant to them (not the difputed rights and privileges of freedom) but the common rights of men, bv the name of Graces ? Why do not the coramif fioners reftore them on the fpot ? Were they not named as commiffioners for that exprefs purpofe? But wc fee well enough to what the whole leads. The trade of AJIierica is to be dealt out in .private indulgtiicies and graces ; that is in jobbs recompence the incendiaries of war. They will be informed of the proper time in which to . end out their merchandife. From a national)] the Ameriean trade, is to be turned into a pcifonal monopoly ; and one fet of Merchants are to be rewarded for the pretended zeal, o which another fet are the dupes; and thus be . tween craft and credulity, the voice of reafon is ,. V ftiRed ; and all the mifconduft, all the calamities of the war are covered and qpnpou^d. # :■*>■-. ■'t .;- HP w ly and of zeal hey in- ellorcd fioners, '#'"■ liny a<\ parlia- ning of Gover- eave to to grant rivilcges men, bv coramif- they not purpofe? ole leads. t out in jobbs They which to national;^ d into a Merchants zeal, of I thus be* Freafon is calamities II (. 37 )'■■:;::■:: ■ If I had not lived long enough to be little furprized a any thing. I fhould have been ]n foine degree aftonifhed at- the continued rage of feveral Gentlemen, who not laiisfied with ca.ry- ing fire and fword into America, are animated nearly with the lame fury againft thofe neigh- bours of theirs, whofe only crime it is, that they have charitably and humanely wifhed them to entertain more reafonablc fentiments, and not always to facrifice their intereft to their paffion. All this rage againll unrefifting diffent, convinces me, that at bottom, they are far froin fatisfied they are in the right. For what is it they would have? A v;jir? They certainly have at this moment the blelling of fomething that is very like one ; and if the war they enjoy at prefent be not fufEciently hot and extenfive, they may fliortly have it as warm and as fpreading as their hearts can defire. ^s it the force of the King- dom they call for ? They have it already ; and if they choofe to fight their battles in their own perfon, no body prevents their fetting fail to America in the next tranfports. Do they think, that the fervice is ftinted for want of liberail fup- plies ? Indeed they complain without reafon. The table of the Houfe of Commons will glut them, let their appetite for expencc be never fo - keen. And I affure them further,, that thoie who-think with them in the Houfe of Commons are full 9S eafy in the control, as they are libe- C 3 ral \ t I 5 ii il^ !■ # -,'^ ^w ^, \i % m ( 38 ) ral in the vole of thefe expences. If this be not fupply or confidence fuflicient, let them open their own private purfe firings and give from what is left to them, as largely and with as little care as they think proper. Tolerated in their paffions, let them le«tin not to perfecute the moderation of their fellow Citizens^ If all the world joined them in a full cry againft rebellion, and wece as hotly inflamed againft the whole theory and enjoyment of freedom, as th ^r. .... ho are the moft faftious for fervitude, it could not in my opinion anfw>^r any one end whatfoevcr ?n this conteft. Th leaders of this war could i)of hire (to gratifj their friends) one German more, than they do ; or infpire him with Icfs feeling for the perfons, or lefs value for the privileges of their revolted brethren. If we all adopted their fentiments to a man, their allies the favage Indians, could not be more ferocious than they are : They cc'Jd not murder one more helplefs woman or child, or with more exquifite refinements of crueky, torment to death one more of their Englifti fiefli and blood, than they do already. The public money is given to purchafe this alli- ance ; — and they have their bargain. They are continually boafting of unanimity, or calling for it? But b^foiip this unanimity can ?l "* w ^i * ( 39 ) can be matter either of wifh or congratulation, we ought to be pretty fure, that we are engaged in a rational purfuit. Phrenfy does not become^ a {lighter diftemper on account of the number of thofe who may be infefted with it. Delufion and weaknefs produce not one mifchief the lefs, becaufe they are univcrfaK I declare, that I cannot difcern the leaft advantage, which could accrue to us, if we were able to perfuade our Colonies that they had not a fingle friend in Greiit Britain. On the contrary, if the affec- tions and opinions of mankind be not exploded as principles of connexion, I conceive it would be happy for us, if they were taught to believe, that there was even a formed American party in England, to whom they could always look for fupport ! Happy would it be for us, if in all tempers, they might turn their eyes to the parent ftate ; fo that their very turbulence and fedition ihould find vent in no other place than this. I believe there is not a man ^except thofe who prefer the intereft of fome paltry faflion to the ^;ery beirig of their country) who would not wifli that the Americans ftiould from time to lime carry many points, and even fome of them not quite reafonjible, by the aid of any denomi- nation of men here, rather than they fhould be driven to feek for proteQion againft the fury of foreign C4 1^ # li ii m n # m ■ '■' f, mr ri. m U^ Pi « ^^ ( 40 ) foreign mercenaries, and the waile of favages, in the arms of France. When any community is fubordinately con- nected with another, the great danger of the connexion is the extreme pride and felf com- placency of the fuperior, which in all matters of controverfy will probably decide in its own favour. It is a powerful correftive to fuch a very rational caufe of fear, if the inferior body can be k >'^'" to believe, that the party inclina- tion or poL il views of feveral in thp principal ftate,'will induce them in fome degree to counter- aft this blind and tyrannical partiality. There is no danger thai any one acquiring con(ider- ation or power in the prefiding flate ftiould carry this leaning to the inferior too far. The fault of human nature is not of that fort. Power in whatever hands is rarely guilty of too ftriCl li- mitations on itfelf. But one great advantage to the fupport of authority attends fuch an amicable and protecting connexion, that thofe who have conferred favours obtain influence ; and from the forefight of future events can perfuade men who have received obligations fometimes to re- turn them. Thus by the mediation of thofe healing principles, (call them good or evilj trou- blefome difcuflions are brought -to fome fort of adjuflment ; and every hot controverfy is not a civil war. Buf I "5r ( 4t ) But, if the Colonics (to bring the general matter home to us) could fee, that in Great Britain the mafs of the people is melted into its Government, and that every difpute with the Miniftry, muft of neccffity be always a quarrel with the nation ; they can itand no longer in the equal and friendly relation of fellow-citizens^to the fubjefts of this Kingdom. Humble as this re- lation may appear to fome, when it is once broken, a ftrong tie \s diffolved. Other fort of connexions vIU be fdught . For, there are very few in the world, who will not prefer an yfeful ally to an infolent mafter. ^ ' \ i:. li Such difcord has been the efFeft of the unani. piity into which fo many have of late been fe- duced or bullied, or into the appearance of which they have funk through mere defpair. They have been told that their diflent from vio- lent meafures is an encouragement to rebellion. Men of great prefumption and little knowledge will hold a language which is contradicted by the whole courfe of hiflory. General rebellions and revolts of an whole people never were e«- eouragedf now or at any time. They are always , provoked. But if this unheard of doftrinc of tile encouragement of rebellion were true, if it were true that an aflurance of the friendfhip of num- bers in this country, towards the colonies could tiecome an encouragement to them, to break off all « li I IH (42) all connpxian with it, what is the inference ? Does any body ferioufly maintain, that charged with my fhare of the public councils, I am obliged not to refill proje6ls which I think mif- chievous, left men who fuffer ftiould be en- couraged to refift ? The very tendency of fuch projefts to produce rebellion is one of the chief reafons againft them. Shall that reafon not be , given ? Is it then a rule, that no man in this nation fliall open his mouth in favour of the Colonies, (hall defend their rights, or complain of their fulFerings ? Or when war finally breaks out, no man lliall exprefs his defires of peace ? Has this been the law of our paft, or is it to be the tcriTiS of our future connex'^^n? Even look- ing no further than ourfelvi , can it be true loyalty to any government, or true patriotifm towards any country, to degrade their fokmn councils into ferviie drawing rooms, to flatter their pride und paflions, rather than to en- lighten their reafon, and to prevent them from being cautioned againft violence left others Ihould be encouraged to rcfiftance ! By fuch acq:iiefcence great Kings and mighty nations have been undone; and if any are at this day in a perilous fituation from reje8;ing truth, and liftening to flattery, it would rather become them to reform the rrrors under which they fufTer, than to reproach thofe who forewarned them of their danger. But ( 43 ) But the rebels looked for afliftance from this country. They did fo in the beginning of this controverfy moft certainly ; and they fought it by earned fupplications to Government, which dignity rejefted, and by a fufpenfion of com- merce, which the wealth of this nation enabled you| to defpife. When they found that neither prayers nor menaces had any fort of weight, but that ai firm refolution was taken to re- duce them to unconditional obedience by a military force, they came to the laft extremity. Defpairing of us, they trufted in themfelves. Not ftrong enough themfelves, they fought fuccour in France. In proportion as all en- couragement hererleffened, their diftance from this country encreafed. The encouragement is over ; the alienation is compleat. ! I I ! In order to produce this favourite unanimity « in delufion, and to prevent all poflibility of a return to our antient happy concord, argu- ments for our continuance in this courfe, are drawn from the wretched fituation itfelf ir..o , which we have been betrayed. It is faid, that being at war with the Colonies, whatever our fentiments might have been before, all ties be- tween us are now diflblved ; and all the policy we have left, is to ftrenghten the hands of Government to reduce them. On tne prin- ciple ( 44 ) ciple of this argument, the more mifchiefs wc fuffer fro-*^ any adminiftration the more our iruft in i. is / be confirmed. Let them but once ( , us inio a war, and then their power is fafe, and an a£l of oblivion pali for all their mifcondu6t. But is it really true, that Government is always to be ftrengthened with the inftruments of war, but never furnilhed with the means of peace? In former times minifters, I allow, have been fometimes driven by the popular voice to aflert by arms the national honour againft foreign powers. But the wifdom of the nation has been far more clear, when thofe minifters have been compelled to confult its interefts by treaty. We all know that the fenfe of the nation obliged the Court of King Charles the &d. to abandon the Dutch war ; a war next to the prefent the moft impolitic which we ever carried on. The good people oj England con- fidered Holland as a fort of dependency on this Kingdom; they dreaded to drive it to thepro- teftion, or fubjeft it to the power af France, by their own inconfi derate hoftility. They paid but little refpeft to the court jargon of that day ; nor were they inflamed by the pretend- ed rivalfhip of the Dutch in trade; by their Maflacre at Amboyna, a6led on the ftage to provoke the publick vengeance; nor by decla- mations ( 45 ) mations againd the ingratitude of the United Provinces for the benefits England had confer- red upon them in their infant Hate. They were not moved from their evident intcreft by all thcfe arts; nor was it cnoujjfh to tell them, they were at war; that they mud go through with it; and that the caufe of the dilpute was lod in the confcqucnces. The people of England were then, as they are now, called upon to make Go- vernment ftrong. They thought it a great deal better to make it wife and honed. • f ♦ When I was amongft my Conftitucnts at the lad Summer Affizes, I remember that men of all defcriptions did then exprefs a very ftrong defire for peace, and no flight hopes of attain* ing it from the Commiflion fent out by my Lord Howe. And it is not a little remarkable, that in proportion as every perfon Chewed a zeal for the Court meafures, he was then earned, in cir- culating an opinion of the exent of the fuppofed powers of that Commiflion. When I told them that Lord Howe had no powers to treat, or to promife fatisfa6tion on any point whatfoever of the controverfy, I was hardly credited; fodrong and general was the deflre of terminating this war by the method of accommodation. As far as I could difcover, this was the temper then prevalent through the kingdom. The King's forces it mud be obferved had at that time been obliged B! 1 :' II w ( 46 J obliged lo c\ acuate Bofton. The fupcriority of the former campaign rcfted wlwlly with the Colonills. If fuch powers of treaty were to be wifhcd, whild fuccefs was very doubtful, how came they to be lefs fo, fmce his Majcfty's arms have been crowned with many contiderable ad- vantages? Have thefe fucccfTcs induced us to alter our mind, as thinking the feafon of vidlory not the time for treating with honour or advan- tage ? Whatever changes have happened in the national chara£ler, it can fcarcely be our wifh, that terms of accommodation never fhould be propofed to our enemy, except when they muft be attributed folely to our fears. It has [hap- pened, let me fay unfortunately, that we read of his Majefty'sCommiffion for making peace, and his troops evacuating his lad town in the thir- teen Colonies at the fame hour, and in the fame Gazette. It was flill more r.nfortunate, that no CommilTion went to America to fetde the trou- bles there, until feveral months after an aft had been paffed to put the Colonies out of the pro- tection of this Government, and to divide their trading property without a poffibility of reftitu- tion, as fpoil among the feamen of the navy. The moll abjeft fubmilfion on the part of the Colonies could not redeem them. There was no man on that whole Continent, or within three thoufand miles of it, qualified by law to follow allegiance with protection, or fubmiflion with # ( 47 )• viith pardon. A proceeding of this kind has no example in hidory. Independency, and inde- pendency with an enmity (which putting our- (clves out of the qucdion would be called natu- ral and much provoked) was the inevitable con- f^quencc. How this came to pais, the nation may be one day in an humour to enquire. All the attempts made this felTion to give ful- ler powers of peace to the Commanders in America, were ftifled by the fatal confidence of vidory, and the wild hopes of unconditional fubmiflion. There was a moment favourable te the King's arms, when if any powers of concef- fion had exifted, on the other fide of the Atlan- tick, even after all our errors, peace in all pro- bability might have been reltored. But calamity is unhappily the ufual feafon of reflexion ; and the pride of men will not often fuffer reafon to have any fcope until it can be no longer of fervice. '' I I have always wifhed, that as th^ difpute had its apparent origin from things done in Parlia- ment, and as the a6ts paiTed there had provoked the war, that the foundations of peace ihpuld be laid in Parliament alfo. I have been aftonjfhed to find, that thofe whofe zeal for the dignity of our body was fo hot, as to light up the flames of civil war, fhould even publickly declare, that thele il V- £jfc ' »>tJU^ ♦ ( 48 ) ihcfe delicate points ouj;ht to be wholly left to the Crown. Poorly as 1 may be thought afFeft- cd to tlic authority of Parliament, I fhall never admit that our conlhiutional rights can ever be- come a matter orminiflcr'?! negociation. i\i I am charged with being an American. If waim aflciilion, lowards thofe over whom I claim any fliarc of amhority, be a crime, I am guilty of thts charge. But I do afliire you f and ihey who know me publickly and privately will bear Avitnefs to me) that if ever one man lived, more zealous than another, for the fuprcmacy of Par- liament, and the rights of this imperial Crown, it was myfclf. Many others indeed might be more knowing in the extent of the foundation of thefc rights. I do not pretend to be an Anti- quary, a Lawyer, or qualified for the chair of ProfefTor in Metaphyfics. I never ventured to put your folid intereils upon fpeculaiive grounds. My having conftantly declined to do fo has been attri()uted to my incapacity for fuch difquifiti- ons; and I am inclined to believe it is partly the caufe. I never fliall be afhamcd to confefs, that where I am ignorant I am diffident. I am indeed not very follicitoustoclearmyfelf ofthis imputed incapacity ; becaufe men, even lefs converfant than I am, in this kind of fubtleties, and placed in ftations, to which I ought not to^ afpire, have by the mere force of civil difcretion, often # ( 49 ') ^fien condq6led the affairs of great nations with diftinguiflied fehcity and glory. When I firft came into a publick truft, I found your Parliament in poffeflion of an un- Jimited iegiflative powex over the Colonies. I could not open the Statute-Book, without feeing the a^ual exercife ,of it, more or Icfs, in all cafes wbatfoevfzr. Jbis pofleifion pafFed with me for a title* Jt does fo jn all human aiiaira. No man examines into the defers of his tidis to his ^atex;ial eilate, or to his edablilhed government. Indeed common fenfe taught me, that a legifla* ilive authority, not a6iuaUy limited by the ex- prefs terms of its foundation^ or by it9i own fubfequent a6is, cannot have its powers parcelled put by argumentative diitindtions, fo as to ena- ble us to fay, that here they can, and there they qannot bind. ' Nobody was fo obliging as ^to produce to me any T;ecord of fuch diliinfti- ons, by compaft or othcA^wife, either at the fuc- ccffivc foirnnation of the feveral Colonies, or during Ithe exiftence of any of them. If any Gendemeri were able to fee, how one power could be given up, (merely on abftraCl reafon- Vng) without giving up the reft, I can only fay, tliat they faw lurthcr ^han I could; nor did I ever prefume to condemn any one for being ,clear-fighted, when I was b^nd. I praife their 1 1 p I ( 50 ) penetration and learning ; imd iiope that their pfa6lice has beep correfpondem to their theory. I had indeed very earneft wiihesto keep the whole body of this authority perfeB and entire f s I found u, and to keep it fo, not for our advantage folely ; but principaMy for the fake pf thofe, on whole account aHjuft authority je>ufts; I mean the people to be governed. For I thought I faw, that many cafes ipight weTl happen, in which the exercifc of every power comprehended in tbe broadeft idea bf legifla- ture, might become in k^ time and circumltdn- ces, not z little expedient fcrr the peace apd anion of the Colonies ampngft 'th^inrelve.'t, a^ w«ila8 for their perfeQ! hairnioiiy with Great- Britain. Thinking fp, (perhaps j^hroneoutly) but being honeftly of that opii^ion, I was at the Came time very fure, that ibc authority of which I was fo jealous, could not under %W a£tua| circumllances of our Plantations be at all firc- fervedin any of its meipbers, bijt by fhp greateft referve in its application ; particularly in thpfe delicate points, in which the feelings of man- kind are the ixioit irritable. They who thought mherwife, have fpund a few qjore (lifficulties in their v.ork, than, (I hope) they were tho- roughly aware of, when j;hey undertook th^ prefent buiincfs. I muft beg leave to obferve, ^^.M... ,...,^;;,*.:..^::v*:-- --—■>,:= that G^^l ) fhf^ it i* n9t ;>nly the iiy 141911,6 ^hrfttifih oftaxa- ..tip;i ^ihfLl ^iil be refiftqd, but thj^t ,no Qt,her .given part of Iqgiflaivc rights, scan be jexercit- jed, withqvu. nsgurd ^ fCf .f^fffiirs. Tjb^ fcppipt^ativ^a qf ,t^e ;•lJ?giflft^^j^^« ?^)#prity.<)fiPj»vlji«iAent ^m^r thisKu^^ 4m }3 Rfit ,q^cftifti\ed ; iJMvdf jfet many ibii^g* In- diibitably imelucied in tbtejab^nad idea of that power, and which carry no abfolute injuftice in jthemfelves, )^et being Qonvrary to the opinions .ajid feelings; of ;^he;p^ppje^ 2 by i;i ::i (62 ) by a6l of parliament ; and therefore that a flatute binds even in that cafe. But "we laay very fafely affirm, that notwithftanding this apparent omnipotence, it would be now fdund as impof- fible for King and Parliament to alter the efta- blifhed religion of this country, as it was to Kihg James alone, when he attempted to tnake fur.h an alteration without a Parliament: In effe£t, to follow^ not to force the publick inclination ; to give a dire£iion, a ' foriQi a teichnical drefs And a fpecifick fan6lion, to the general fenle of the community, is the true end of legiflature. It is fb with regard to the exercife of all the powers, which our conilitution knows in any of its parts, and indeed to the fubflantial exig- ence of any of the parts themfelves. The King's negative to bills is one of the moft indif- puted of the royal prerogatives ; and it extends to all cafes whatfoever. I am far from certain, that if feveral laws, which I know, had fallen under the ftroke of that fceptre, that the pub lick would have had a very heavy lofs. But it is not the propriety of the exercife which is in queftion. The exercife itfelf is wifely foreborne. Its re- pr '"-' may be the prefervation of its exiftence ; ai a us exiftence may be the means of faving the conftitution itfelf, on an occaiion worthy of bringing it forth. As the difputants, whofe ac- i. ^j, curate ' ' ' "■ ' ■■'■■'■ --^ .i " ... - -'••■-';:'•■; the of ac- ale ( 53 ) curate and logical reafonings have brought us into our prefent condition, think it abfurd that powers, or members of any conftitution fhould exift, rarely o, ever to be exercifed, I hope, I (hall be excufed in mentioning another inftance, that is material. We know, that the Convoca- tion of the Clergy had formerly been called, and fat with nearly as much regularity to bufi^ nefs as Parliament itfelf. It is now called for form only. It fits £ot the purpofe of making fome polite ecclefiaftical compliments to the King ; and when that grace is faid, retires and is heard of no more. It is however a fart of the ConftUution, and may be called out into a6i and energy, whenever there is occafion ; and when- ever thofe, who conjure up that fpirifc, will choofe to abide the confequences. It.iawife to permit its legal exiftence ; it is much wifer to continue it a legal exillence only. So truly has Prudence, (conftituted as the God of this lower world) the entire dominion over every exercife of power, committed 'o its hands ; and yet I have lived to fee prudence and con- formity to circumftances, wholly fet at naught in our late controverfies, and treated as if they were the moil contemptible and irrational of all things. I have hesrd it an hundred times very gravely allcdged, ihat in order to keep power in wind, it was neceffary, by preference, to Da exert, i i t 64 ) exert it in thofe very |:ioii fits iri which it wais ni6ft likely to be refiitied, dnd the lead Hkely td lye prochi6Uve of any advantage. Bi Thtfc were the confidcrations, Gemlemen, which led me early to think, that in the com- prehtnfive dominion which the divine Prbvi' denie had put into our handi, instead of trou- hlin^ oUf underitandings wij;h fpecilUtionis con- cerriing ihe unity of eitipire, and the identity 6r diftirtftidH of IfcgiflatiVe powers, and'ihflaiiiing oul- pafflftiriiwith-thfe heat ahd prid^ i^f contto- veriy; iriib blifr dtitjr, in all fobefnefs, to cbn- fe'tm otif Gb^ynrrttftt to thfe chairaide^ arid cir- c&mft&ikifs of tHe fiHneira^ pfebple wHB tibnijtofid ttiTf iri^bljr ^nd afarigely divbrfified' f^tfs. X n^eriv^is wM^ eribtJ^h to conceive, that onie iftfe*<^ 4»'ttttW ferVe fbi^ the whoFe-, tHaj the Mt\^fH'^f'MndoJ^H^ryd t^ofe iof Virginia cbuld be^t)r^rejyi ih tl^ fam^ mafiiii^; or thai the €tti^llrfCdtrt M th«G'rand J ury bf S^krh cbtild be k>e^at^d bh k tit)jilar{^i^. I wai p'e^fwaded, tfaM X^Verif>i«i€^ wa^ a {ir&aical tMng, tirade foif tKe !fepi?*nbfe of m^hk'ind; 4nd not to f^r- niffi' but"* f^<*aadebf uniformity, to gratify the iifhetedi bFVtIftiriai)r >btt*i!fdahk. icHiV btffmbft w'ate lib rale', ^bt to Wlungld ; and it would haVe b'e^ k ^'6b)- ' 'tomp^HfliVioV^ thdt We had tfi'- u^pyAier'i^i'di^ult^, i^Hiih We m an ei^^ire. If ( 55 ) If ihcre be one faft in the -vorld perfeftly clear, it is this ; '* That the dirpofition of the " people of America is wholly averfe to any •* other than a free Government ;" and this is indication enough to any honed flatefman, hov he ought to adapt whatever power he finds in his hands to their cafe. If any a(k me what a free Government is, I anfwer, that, for any praQical purpofe, it is what the people think fo ; 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 confident with any corred ideas of perfed freedom, I ought to thank them for fo great a trud, and not to en^ deavour to prove from thence, that they have reafoned amifs, and that having gone fo far, by analogy, they mud hereafter have no enjoy- ment but by my pleafure. • ^'* "^ If we had feen this done by any others, wd would have concluded them fiir gone in tti^d.' nefs. It is melancholy as well as ridiculous, 16 obferve the kind of reafbning with which the publick has been amufed, in order to divert our minds from the common fenfe of our American policy. There are people, who have fpfit itid anatomifed the dodrine of free Governmeht, aS if it were an abdra6i qud^jyin concerning meta« D 4 ' phyfical :, Si ^ ( 56 ) fi phyfical liberty dnd neceflity ; and not a mat- ter of moral prudence and natural feeling. They have difputed, whether liberty be a pofi- tivc or a negative idea ; whether it does not confill in being governed by laws ; without con- fidering what are the laws or who are the makers; whether man has any rights by nature ; and whe- ther all the property he enjoys, be not the alms of his government, and his life iifelf their favour and indulgence. Others corrupting religion, as thefe have perverted philofophy, contend, that Chriftians are redeemed into captivity; and the blood of the Saviour of mankind has been fhed to make them the (laves of a few proud and infolent finners. Thefe (hocking extremes, provoking to extremes of another kind ; fpeculations are let loofc as deftru^live to all authority, as the former, are to all free- dom ; and every government is called tyranny and ufurpation which is not formed on their fancies.,. In this manner the (tirrers up of this contention, not fatis(ied with di(lra6ling our de< pendencies and (illing them with blood and (laughter, they are corrupting our under(tand- ings : they are endeavouring to tear up, along with pra^ical liberty, all the foundations of human fociety, all equity and juftice, religion \^nd order. «..,,.. Civil ^rit'^iiD J5rx2IO« dli; ttvcJ.via ( 57 ) Civil Freedom, Gentlemen, is not, as many- have endeavoured to perfuade you, a thing that lies hid in the depth of abdrufe fcience. It is a blefling and a benefit, not an ab(lra6i fpc- culation ; and all the jud reafoning that can be upon it, is of fo^oarfe a texture, as perfeftly to fuit the ordinary capacities of thofe who arc to enjoy, and of thofe who are to defend it. Far from any refemblance to thofe propor- tions in Geometry and Metaphyfics, which ad- rait no medium, but mud be true or falfe in all their latitude ; focial and civil freedom, like all other things in common life, are varioufiy , mixed and modiHed, enjoyed in very different degrees, and fhaped into an infinite diverfity of forms, according to the temper and circum- (lances of every community. The extreme of liberty (which is its abftraQ perfe6lion, but its real fault) obtains no where, nor ought to obr tain any where. Becaufe extremes, as we all know, in every point which relates either to our duties or fatisfadions in life, are deflrudive both to virtue and enjoyment. Liberty too muft be limited in order to be poflefTed. The degree of reftraint it is impoffible in any cafe to fettle precifely. But it ought to be the con- ftant aim of every wife publick counfel, to find out by cautious experiments, and rational, cool endeavours, with how little, not how mijch of this reftraint, the community can fubfift. For liberty i li Mi ( 58 ) liberty i« a good to be improved, and not an cvi) to be leflcned. It is not only a private bleffing oF the firft order, but the vital (pring and energy of the ftate itfelf, "which has juft fo much life and vigour as there is liberty in it. But whether liberty be adyftitagcous or not., (for I know it is a fafliion to decry the very principle) none will difpute that peace is a blefling ; and peace muft in the courfe of hu- man affairs be frequently bought by fome in- dulgence and toleration at lead to liberty. Fur as the Sabbath, (though of divine inditu- tidn) was made for man, not man for the Sab- bath, government, which can claim no higher Origin or authority, in its exercife at leaft, ought to conform to the exigencies of the time and the temper a-nd chara^er of the people, with whom it is concerned ; and not always to attempt violently to bend the people to their theories of fubje6lion. The bulk of mankind 6n their part are not exceflively Curious con- ^efning any theories, whilft they are really happy ; and one fare fymptom of an ill con- duded ftaie, is the propenfity of the people to tefori to them. But when fubjeds, by a long courfe of fuch ill condu6^, are once thoroughly inflamed, and the ftate itfelf violently diftempered, the peo- ple ( 89 ) pie mud have fome fattsfa£tion to their feelings, more Ibitd thmn a ibphiflical fpeculation on law atKi government. Such was oar fituation ; and fuch a fatisfaflion was neceflary to prevent recourfe to armd ; it was neceiTary towards lay- ing them down ; it will he neceflary to pre- vent the taking them up again and again. Of what nature this fatisfattion ought to be, I wi(h it had been the difpofition of Parlic..aent feri- oufly to confider. It was certainly a delibera- tion that called for the exertion of all their wifdom. 1 .1 I am» and ever have been deeply fenfihie, of the difficulty of reconciling the ftrong pre- Tiding power, that is fo ufeful towards the con- fervation of a vaft, difconne^ied, infinitely di- verfified empire, with that liberty and fafety of the provinces, which they muft enjoy, (in opinion and practice at leaft) or they will not be provinces at all. 1 know, and have long felt, the difficulty of reconciling the unwieldy haughtinefs of a great ruling nation, habituated to command, pampered by enormous wealth, and confident from a long courfe of profperity and viftory, to the high fpirit of free depen- dencies, animated with the firft glow and a6ii- vity of juvenile heat, and aifuming to them- felves 'ai iHtit birth-right, fome part of that very pride which oppreffes them. They who perceive '■:>, * ( 6o ) perceive no difRculty in reconciling thefc teni^ piers, (which however to make peace mud Tome way or other be reconciled,) are much above my capacity, or much below the magnitude of the bufinefs. Of one thing I am perfeftly clear, that it is not by deciding the fuit, but by conipromifing the difference, that peace can be rellored or kept. They who would put an end to fuch quarrels, by declaring roundly in favour of the whole demands of either p^rty, have miftaken in my humble opinion, the office of a mediator. fr * The War is now of full two year* flanding; the controverfy of many more. In different periods of the difpute, different methods of re- conciliation were to be puri'ued. I mean to trouble you with a fhort ftate of things at the moll important of thefe periods, in order to give you a more diUinft idea of our policy with regard to this moft delicate of all objefts. ThcjColonies were from the beginning fubje6k to the legiflature of Great Britain, on princi- ples which they never examined ; and we per- mitted to them many local privileges, without afking how they agreed with that legiflative authority. Modes of adminiftraiion were formed in an infenfible, and very unfyftehiatick manner. But they gradually adapted tbem- felves to the varying condition of things.— « What ( 6» ) What was Brft a tingle kingdom (Irctched into an empire; and an imperial fuperintcndency of feme kind or other became necelfary. Parlia- ment from a mere reprefcntative of the people, and a guardian of popular privileges for its own immediate conflituents, grew into a mighty fovereign. Inltead of being a control on the Crown on its own behalf, it communi- cated a fort of (Irength to the Royal authority; which, was wanted for the conlervation of a new pbje6t, but which could not be (afely trufted to the Crown alone. On the other hand, the Colonies advancing by ec[ual fleps, and go- verned by the fame necefllty, had formed with- in themfelves, either by royal inftrjuftion, or royal charter, alfemblies fo exceedingly re- fembltng a parliament, in all their forms, func- tions, and powers, that it was impoflible they fhould not imbibe fome opinion of a fmiilar authority. ' ^''*^" • '^ At the firll detignation of thefe aiTemblics, th^y were probably not intended for any thing more, (nor perhaps did they think themfelves much higher) than the municipal corporations within this Ifland, to which fome at prefent love to compare them. But nothing in pro- greffion can reft on its original plan. We may as well think of rocking a grown man in the ^radle of ari infant. Therefore as the Co- lonies ( 62 ) ionics profpered and encft^M to a niuner- pus and mighty people, fpreading over a^ Vf ry great trafi /of the glol;)e ; it wa^ itaiMral :tbat they jOlitoiAld attribute to aneinl^lktf, fo refped- able in their fomoal conftituiion. Tome part of 'the dignity of the great Jiations which they re- prefented. No] longer tied to bye^laws* 'Xhefe aflemblies made a6ts of all forts and'^^h all cafes wharfoever. They levied m oncy, hot fbr parochial purpofes, {)vit upon regular grants to the Crown, following all the r qles and principles of a Parliai^ept, to which they approajched every day niore and n^ore nearly. Thofe who think them(elv£s wifer than Providence and j(t,roi&ger than the ^courfe pf jpati^r^e, ii|ay cqjp^ J)iai^ii of ,^\\ t^is variation, oo ihe one ,(i^e or tbco.Micr, as their fever«l humours and pre- judices na^y Ifcad theiu^ 3.i»^ «hings could not he otherwife ; and Engliih Colonies muft be had on thefe terms, or not had at all. In the mean tin)e ni;ithe,r party felt^ny inconvenience from this doable legiflatiire, to w.hi<;h ithey had been forincid by imperceptible habits, and old cuftom, the ,grc;u foppQ^t ,pf all the govern- ments in the world. Tll9«^ thqfc two legifla- ti?res were fpmetimcs fojmxd pqrh^ips perfprpi- in^ the very (anpie functions, , they did not very grofsly or fyfleniati<;ally siifk. In ^11 likely- hood this arofe from mere negleft ; poflibl)' from k • i«H»MMN4MM ' ( 63 ) from the natural operation of tKi9g«, which left to themfelvcs, gcneraUy fall in^ their proper order. But whatever was the caure, it is eer^ tain, that a ref^ular revenue by the authority of Parlianvent for the fupport of civil and xailu tary eftabUfbropnu, teems not to have bceii thoug^it of un|il the Colorties v/^rii loo proud tp Aibmit, too (irong to be forced., too /enUgkr (pned not to fee a^l the coniequcACei wbinb Aiu(t axAle from fuch a fyftem. If ever .thi9 Ccheme of taxation was ito bf pufhpd againft the inclinations of the people, it Ktras evident, that 4ifcuflloi>9 ipifft arife, which vaU;ld let loole all the elements ,^hat compofed this dqubljc coaijlitiitlon; would fliew how much ea&h of their members had departed from its original principles ; and would difcoiver con* triadi^Mons in each legiOature, as well to its, own ^-ft principle/i, as to ita relation to the other, very difficult if not abfplutely impoflible to be reconciled. Therefore at the firft fatal opening of this conteft, the wifeft courfe feemed to be to put an end as foon as poflible to the immediate caufes of the difpute ; and to quiet a difcuflion, not eafily fettled upon clear principles, and aridng from claims, which pride would permit . ■^" • neither il T ( 64 ) •V neither party t-o abandon, by rcforting as nearly as poflible, to the old fuccef&ful courfe. A mere repeal of the obnoxious tax, with a de- claration of the legiflative authority of this kingdom, was then fully fufficient to j?rocure peace to both fides. Man is a creature of habit, and fhe firft breach, being of very Ihort con- tinuance, the Colonies fell back exaftly^ into their amierrt (late. The Congrefs has ufed an expreflion with regard to this pacification which appears no me truly fignifieant. A^ter the/epeal of the Stanrip A£l, "the Colonies fell," fays this affembTy» *' into their antiem ftate of *' unfufpeSing confidence in the Mother Country'* This wiifufpeQing confidence is the true center of gravity amongft mankind, about which all the parts are at reft. It is thii unfufpeSiing con. fhdence that removes all difficulties, and recon- ciles all the contradictions Wu ch occur in the complexity of all antient puzzled political efta- . bli^ments. Happy are the rulers which have ^he fecret of preferving it J aw -« \h The whole empire has reafon to remember with .eternal gratitude, the wildom and temper of that man and his excellent affociates, who, to recover this confidence, formed a pla.i of pacification in 1766. Th^t plan, being built upon the nature of man, ahd the circumftances and habits of the two countries, and not on am any vifionary fpeculations, pcrfe6lly anfwered its end, as long as it was thought proper to ad- here to it. Without giving a rude ftiock to the dignity (well or ill underftoodj of this Parlia- ment, they gave perfeft content to our depen- dencies. Had it not been for the mediatorial fpirit and talents of that great man, between fuch clafhing preteniions and paiTions, we t fhould then have ruflied headlong (I know what I fay) into the calamities of that civil war, in which, by departing from his fyftem we are at length involved ; and "we Ihould have been precipitated into that war, at a time, when cir- cumitances both at home and abroad were far, very far, more unfavourable unto us than they were at the breaking out of the prefent troubles. «v^ '.-■y. ^ I §.« t(i .,1 -UrM' * I had the happinefs of giving my firft votes in Parliament for that pacification. I was one of thofe almofl unanimous members, who, .in the neceflary conceffions of Parliament, would as much as poffible have preferved its autho- rity, and refpefted its honour. I could not at once tear from my heart prejudices which were dear to me, and which bore a refemblance to virtue. I had then, and I have flill my partia- lities. What Parliament gave up I wifhed to be given as of grace, and favour and affedion, . and not as a reftitution of flolen goods. High £ dignity tmmm I { 66 ) dignity relented as it was foothqd ; and a be* nignity from old acknowledged ^reatnef^ ha^ its fuU eSc&. on our dependencji^s. Our un- limited dedaraiion of legrflative au,t^ority prctf jduced not a (ingle murmur. If this undefined power has become odious fince that jiime, and full of horror to the Colonies, it i^ bcjcaufe tbp unjujptcious confidence is loft, and the parental af- fedion, in the bofom of whpfe boundlefs auj thority they repofed thei^ privileges, is become eftranced and hoftile. ° _ • ■•trf;." :u It will be a&ed^ if fuch va^ then jnv opinion of the mode of pacification, how I came t^o be the very perfon whp ptioyed, not only for a re- peal of all the late coercive ft^tutes, ,b.ut fpjr mutilating by a pofiiive law, the entirenefs of !the legiflative power of Parliament, j^^^ pi^ft^ng pfF from it the whole rjgbt qf tj^^tiqn ? ,| anfwer, becaufe a differ.er^t ^^tp pf jhip^ rcr qi^ires a different po^^ii^. ^hen tl;?e difpu^ nayhip(j h^s inUo4uf ed all fpipii)^ compass ^nd covenants aiQpng ifpep ma4^ ij; pifjgffary. J mean }i^t|i^f of fpf^nefs, je^lpqfy, ancj ^nddilliud, I parted with it, as wkh a limb ; but as a limb to fave the body ; and I would have parted with more, if more bad been necef- fary; any thing rather than a fruitlefs, hopelefs, unnatural civil war. This mode of yielding would, it is faid, give way to independency, without a war. I am perfuaded from the nature of things,, a^nd from every information, that it would have had a direBly contrary effeft. But if it bad' this effect, 1 confefs, that I fhould prefer independency without war, to indepen- dency with it ; and J. have fo much truft in the inclinations and prejudices of mankind, and fo little in any th^ng e!fe, that I fliould expeQ ten times more be;ne6t to this Kingdom from the afle^lion of America, though under a feparate eilabliibmefit, than from her perfect fubmiflion to the Crown and Parliament, accompanied with her terror, di.fguft, and abhorrence. Bodies tied together by fo unnatural a bond of union, as mutual hatred, are only copneded to their ruin. One hundred and ten refpeftable Members of Parliament voted for that conceffion. Many notprefent, when the motion was made, were of the fentiments of thofe who voted, i knew it would then have made peace. I am not without hopes that it would do fo at prefcnt if E 2 ' |l i U' ' • ( 68 ) it were adopted. No benefit, no revenue could be loft by it ; fomething might poflibly be gain- ed by its Ci Hfquences. For be fully alfured, that, of all the phantoms that ever deluded the fond hopes of a credulous world, a parlia- mentary revenue in the Colonies is the mod perfe6lly chimerical. Your breaking them to any fubjeBion, far from relieving your burthens, (the pretext for this war,j will never pay that military force which will be kept up to the deftru6lion of their liberties and vours. I rifque nothing in this prophecy. ■> Gentlemen, you have my opinion on the p^efent ftate of public affairs. Mean as they may be in themfel/es, your partiality has made them of fome importance. Without troubling myfelf to enquire whether I am under a formal obligation to it, I have a pleafure in account- ing for my conduft to my Conftitueints. I feel warmly on this fubje6l, and I exprefs myfelf as I feel. If I prefame to blame any public pro- ceeding, I cannot be fuppofed to be perfonal. Would to God I could be fufpeQed of it. My fault might be greater, but the public calamity woud be lefs extenfive. If my condu6l has not been able to make any impreflion on the warm part of that antieru and powerful party, with vyhofc fupport, I was jipt honoured at my Elec- ; s tion : f ( 69 ) tion; on my fide, my refpeft, regard, and duty to them is not at all leflened. I owe the Gentlemen who compofe it my moft humble fervice in every thing. I hope that whenever any of them were pleafed to command me, that they found me perfeftly equal in my obedience. But flattery and friendfliip are very different things ; and to miflead is not to ferve them. I cannot purchafe the favour of any man by concealing from him what I think his ruin. By the favour of my fellow citizens, I am the re- . prefentative of an honeft, well-ordered,]virtuous City ; of a people, who preferve more of the original Englifh fimpliciiy, and purity of man- ners, than perhaps any other. You poflefis among you feveral men and magiftrates of large and cultivated underftandings ; fit for any em- ployment in any fphere. I do, to the bed of my power, aft fo as to make myfelf worthy of fo honourable a choice. If I were ready, on any call of my ov/n vanity or intereft, or to anfwer any eleftion purpofe, to forfake princi- ples, (whatever they are) which I had formed at a mature age, on full reflexion, and which have been confirmed by long experience, I fhould forfeit the only thing which makes you pardon fo many errors and imperfeftions in me. Not that I think it fit for any one to rely too much on his own underilanding ; or to be E 3 filled r,i.y, %^ ■■ ■ "ii m ( 70 ) ^ filled with a prcfumption, not becoming a Qbridian man, in his own perfonal ftabiliiy and re^itude. H. I liope I am far from that vain confidence, which almoft always fails in trial. I know my wcaknefs in all refpefts, as much.at leaft as any enemy I have ; and I attempt to^take fecurity againft it. The only method which has ever been found efFeftual to preferve any man a- gainli the corruption of nature and example, is an habit of life and coiwuuai cation of councils with the raoft vinuous and public fpirited men of the age you Uve inu Such a fociety cannot be kept without advantage, or dcferted wkhput fha,ijii?!e. For this rule of con- dud I may be cjalled in reproach a party man; but I am little aJBF«3ed with fuch afperfions. In the wa)^ whijchahey call party, I worfhip the co.nftitu>.ioix o£ your fathers ; and I ftiall never h^ih for my ppUiiqal company. AH reverence IQ bpnoiMl, *a|l idea of what it is, will be loft| 004: pf ti^eworldv before it can be imputed as afauU tP 4«y ™^^* t^at he has been dofeljf connected with thofe incomparable perfons, living, ^nd- dpj^di with whom- for elfeven years I hd(V^ conft^ntly thought and afted. If I have Wjapdf i^d out. of the paths of reftitude, into thpffi'of interefted faBioti, it was in company with * ( 7» ) vuh the Saviles, the DowdefWells, the Wcnt- worihs, the Bentincksj with the Lenoxes, the Mancheflcrs, theKcppels, the Saunders's; with the temperate, permanent, hereditary virtue of the whole lioufe of Cavendilh ; names, among which, fome have extended your fame and empire in arms, and all have fought the battle of your liberties in fields not lefs .glorious. — ^ Thel'e and itiany more like thefe, grafting pub- lic principles on private honour, have redeemed the prel'ent age^ and would have adbrhed the moit fplendid period in your hiftbry. Where could ally man^ cbnfcious of his own inability to aH alone, and willing to a6l as be ought to do, have arranged himfelf better ? If any otiti thinks thii kind of fociety to be taken up as the belt method of gratifying low perfonal pride, or ambitious ititereft, he is miftaken ; and knows nothing of the world. *«. ^ Preferring this connexion ; I do not mean to detract in the flighteil degree from others* There are fome of thofe, whom I admire at fomething of a greater diftance, with whom 1' have had the happinefs alfo perfe£Uy to agree, in al molt all the particulars, in which i have differed with fome fucceffive adminiftrations ; atid they- are fuch, as it never can be reputable to' any government to reckon among iisr Vr* E 4 enemies. * ( 72 ) 111 ) enemies. I hope there are none of you, cor- rupted with the do61rine taught by wicked men for the word purpofcs, and received by the malignant credulity of envy and ignorance, which is, that the men who a6l upon the public ilage arc all alike; all equally corrupt; all in- fluenced by no other views than the fordid lure of falary and penfion. The thing, I know by experience to be falfe. Never expefting to find perfeBion in men, and not looking for divine attributes in created ^)eings, in my com- merce with my cotemporaries, I have found much human virtue. I have feen not a little public fpirit; a real fubordinalion of intereft to duty ; and a decent and regulated fenfibility to honed fame and reputation. The age unquef- tionably produces, (whether in a greater or lefs number than former times, I know not) daring profligates, and infidious hypocrites. What then? Am I not to avail myfelf of whatever good is to be found in the world, becaufe of the mixture of evil that will always be in it ? The fmallnefs of the quantity in currency only heightens the value. They, who raife fufpi- cions on the good on account of the behaviour of ill men, are of the party of the latter. The common cant is no juftification for taking this party. ^ I have been deceived, , fay they, by Tiiius I ( 73 ) TUius and Mcnius; I have been the dupe of this pretender or of that mountebank ; and I can tiuft appearances no longer, fiut my cre- dulity and want of difcernment, cannot as I conceive, amount to a fair prefumption againft any man's integrity. A confcientious perfon would rather doubt his own judgment, than condemn his fpccies. He would fay, I have obferved without attention, or judged upon erroneous maxims; I trufted to profeffion, when I ought to have attended to condudt. Such a man will grow wife, not malignant, by his acquaintance with the world. But he that accufcs all mankind of corruption ought to re- member that he is fure to convift only one. In truth I Ihould much rather admit thofe whom at any time I have difreliftied the moll, to be patterns of perfeftion, than feck a confolation to my own unworthinefs, in a general com- munion of depravity with all about me. That this ill-natured doftrinc fhould be preached by the miffionaries of a court I do not wonder. It anfwers their purpofe. But that it fhould be heard among thofe who pretend to be ftrong aflfertors of liberty, is not only fur- prifing, but hardly natural. This moral level- ling is dijervile principle. It leads to pra6lical ^ paflTive ( H 1 i "J, J)lkfriy<'t!», not ority all idba of forcible reftlt- ancc, but overt of civil oppofition. It drfpofes wen to Jin abjcfct iiibmiiTion, not by opinioh, \i\mh may be ftiaken by argunrtent or altered by paiTion, but by the (tronf; ties of public and private intereft. For if all nler> who afil Hi ai public iituation are equally felBfh, corrupt, and* venal, what reafon can be ^vcn for defirin^ any fort of chailge, which be(ides the evils w4iich tnuil attend all changes, can be produBive of no poffible advantage ? The active men in the Hate are true iamples of the rap^ If they are imivcrfally depraved, the comnf»ua.\/eaIth itfeif is not found. We may amufe ourfelves with talking as much as we pleafc of the virtue of middle or humble life ; that is, we may place our confidence in the virtue of thofe who have never been tried. But if the perfons who are continually emerging out of thai fphere, be no better thah thofe whom birth has placed above i^; what hopes are there in the remainder of the bbdy, which is to furnifli the perpetual fuccef- iioii of the ftate? All who have ever written on government, are unanimous, that among a peo- pie generally corrupt, liberty cannot long exift. J\^(\ indeed how is it pofTible ? when thofe^who are { 75 ) are to make the taws, to guard, to enforce, or to obey them, are by a tacit confederacy of manners, indifpofed to the fpirit of all gener- ous and noble tnftitutions. %f I am aware that the age is not what wc all wifh. But I am lure, that the only means of checking its precipitate degeneracy, is heartily to concur with whatever is the bell in our time ; and to have fome more corre6l ftandard of judging what that bed is, than the tranfient and uncertain favour of a court. If once wc arc able to Hnd, and can prevail on ourfelves to ftrengthen an union of fuch men, whatever accidentally becomes indifpofed to ill exercifed power, even by the ordinary operation of hu- man pafllons, muft join with that fociety, and cannot long be joined, without in fome degree affimilating to it. Virtue will catch as well as vice by conta6i ; and the public ftock of honeft manly principle will daily accumulate. We are not too nicely to fcrutinize motives as long as a6lion is irreproachable. It is enough^ (and for a worthy man perhaps too much) to deal out its infamy to convicted guilt and dc" dared apoftaey. Thrs, Gentlemen, has been from the begin- ning the rule of my conduft ; and I mean to continue ( 76 ) continue it, as long as fuch a body as I have defcribcd, can by any poffibility be kept to- gether ; for I fhould think it the moQ dreadful of all offences, not only towards the prelcnt generation but to all the future, if I were to do any tjiing which could make the minuteft breach in this great confcrvaiory of free princi- ples. Thofe who perhaps have the fame in- tentions, but arc feparaicd by fome little po- litical animofiiies, will I hope difccrn at laft, how little conducive it is to any rational pur- pofe, 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 perfuadcd, that the laft hopes of prefcrving the fpirit of the Englilh Conftitution, or of re-uniting the diflipated members of the Englilh race upon a common plan of tranquility and liberty, does entirely depend on their firm and lafting union; and above all on their keeping themfelves from that dcfpair, which is fo very apt to fall on thofe, whom a violence of chara6ler and a mixture of ambitious views, do not fupport through a long, painful and unfuccefsful ftrugglc. There never Gentlemen was a period in which the ftedfaflnefs of fome men has been put V: : ( n ) put to fo fore a trial. It is not very diflicult for well formed minds to abandon ihcir in< tercft ; but the fcparaiion of fame and virtue is an harfh divorce. Liberty is in danger of being made unpopular to Knglifhmen. Con- tending for an imaginary power we begin to acquire the fpirit of domination and to lofc the rclifli of honeft equaliiy. The principles of our forefathers become fulpetted to us, bc- caufc wc fee ihem animating the prefent oppo- fition of our children. The faults wliich grow out of the luxuriance of freedom, appear much more fhocking to us, than the bale vices which are generated from the rankncfs of fcrvitude. Accordingly the l.eaa rclinance to power ap- pears more inexcufable in our tyc.% than the greatefl abufes of authority. All dread of a (landing military force is looked upon as a fu- perftitious panick. All (hame of calling in foreigners and favages in a civil conteft is worn off. We grow indifferent to the confequences inevitable to ourfelves from the plan of ruling half the empire by a mercenary fword. We are taught to believe that a defire of domi- neering over our countrymen is love to our country ; that thofe who hate civil war abet rebellion, and that the amiable and conciliatory virtues of lenity, moderation, and tendernefs to the privileges of thofo who depend on this kingdom are a fort of treafon to the ftate. ( 78 ) ; i ^ I It is im[ been long opeiaiing towards a gradual change in our principles. But this American war has done mnre in a very few years than all the other caufes could have cfFefted i» a century. It is therefore not pn its own feparate account, but becaufe of its attendant circumftances that i confider its continuance, or its ending in any way but tbax of an honourable and liberal ac- commodaiioti, as the greateft evils which can bcfal us. For that reaibn I have troubled vou wkh this loni:][ Letter. For that reafon I intreat you again and again, neither to be perfwaded, ' ^> -' '^ • ■ ■"■'-' "■- ■'• Jhamed, M^. ( 79 ) , fliamed, or frighted ojt of the principles that have hitherto led fo rrany of you to abhor the war, its caufe, ^nd its confequences. Let us not be amongfl the firft who renounce the maxims of our forefathers. / have the honour to be. Gentlemen, Your mojl ohsdient^ And faithful humble Servant, S\, Beaconsfiels^ April 3, J777. Edmund Burke, r. S, You may communicate this Letter in any manner you think proper to my Conftitu- ents.