1 m}U&fj $teadin0# I P, BURKES ooi- oinm ocvj^r ECH ON CONCILIATION =? 1 =1 1 sf THOMPSON -- ' IIB Billl IS 1 [ 2 i 1 1 1 i i i ! ENGLISH READING5-FOR STUDENTS " The virtue of books is the perfecting of reason, which is indeed the hap- piness of man." Richard De ENGLISH READINGS-FOE STUDENTS Edmund Burke From the portrait by George Romncy BURKE'S SPEECH ON CONCILIATION WITH AMERICA EDITED BY DANIEL V. THOMPSON, A. M. HEAD OF THE DEPARTMENT OF ENGLISH IN THE LAWRENCEVILLE SCHOOL NEW YORK HENRY HOLT AND COMPANY 80122 COPYRIGHT, 1911, BY HENRY HOLT AND COMPANY fune, 1924 PRINTED IN THE U. S. A. H CONTENTS INTRODUCTION PAGE ^j I. Burke's Career vii \j II. Speech on Conciliation with America . . xvi M 1. Historical Background .... xvi V 2. A Brief of the Speech in Outline . . xxi 3. Form and Style . . . . . xxvi ,>*^ DESCRIPTIVE BIBLIOGRAPHY xxxv FORM OF TITLE-PAGE OF SECOND EDITION ... xli THE SPEECH ON CONCILIATION WITH AMERICA . . 1 NOTES AND COMMENT 87 QUESTIONS AND TOPICS FOR STUDY . . . . 115 <^ Portrait of Edmund Burke [Romney] . . . Frontispiece INTRODUCTION BURKE'S CAREER Edmund Burke was born in Dublin, in 1729. He was brought up in the Protestant faith of his father, who was an attorney of good repute albeit a man of irritable dis- position. His mother, a Roman Catholic, was a large- minded woman of good family, with a strong hold upon the affection and reverence of her son. Next to hers, the profoundest influence in Burke's early years was exerted by the Quaker schoolmaster of Ballitore, a village some thirty miles from Dublin, who taught well both the mind and the heart of his pupil, and toward whom Burke cherished a lively gratitude as long as he lived. In 1743 Burke entered Dublin University, at nearly the same time with Oliver Goldsmith, whom, however, it does not appear that he knew in college days. Burke's course at the University was unconventional; not dissipated, but desultory He enjoyed the studies of the curriculum keenly,, but not m the allotted order ^ His course upon the whole formed a valuable brooding period for both mind and moral purpose. He himself describes it as a series of passionate sallies into various heights of learn- ing, saying that he passed from the furor mathematics, Tiii INTRODUCTION through the furor logicus and the furor historicus, to the furor poeticus. Like young Francis Bacon, he took all knowledge to be his province; yet he left the University after five years of residence, with an undistinguished Bachelor's degree. Burke was twenty when he arrived in London and went to the Middle Temple to study law, according to his father's wish. But his interest was not continuous, his eager pursuits were literary, not legal, his allowance from home was withdrawn, and a period of several years began which passed in an obscure conflict with fortune. But the year 1756 brought forth not only the publica- tion of two remarkable essays A Vindication of Natural Society and A Philosophical Inquiry into the Origin of our Ideas of the Sublime and Beautiful but what was of even more lasting import, his marriage to his doctor's daughter, Miss Jane Nugent. By this marriage Burke ensured a long enjoyment of happy and peaceful home life; by the publication of his essays he attained in- stant recognition as a young man of unusual literary promise. It was not long before Dodsley, the bookseller of Pall Mall, invited Burke to write for him an account of the most important events and a review of the most notable thought of the current year 1759. Burke's work was published as a periodical called the Annual Register, and the editor was engaged permanently at a salary of 100 a year. For thirty years he attended faithfully to the duty of making this annual chronicle, often glad of the secure though moderate income it afforded. For six years from this time Burke was employed as secretary by BURKE'S CAREER uc a Mr. Hamilton, whose official duties took him to Ire- land. Upon his return to England he demanded, what Burke felt was unfair, that he should enjoy his secre- tary's undivided service. Burke wished to employ his spare hours in original literary work, and felt that his gifts called on him to do so. So patron and pensioner separated, in 1765. Burke was thirty-six years old, a struggling author, with a wife and son, with social obligations, tastes, and aspirations, with a fixed income of only one hundred pounds a year. But "England had need of him." Lord Verney, an adherent of the Marquis of Rockingham, in- troduced him to his patron, and saw to it that he was given a seat in the House of Commons, as representative of Wendover, a pocket-borough in his control. The king had reluctantly asked Lord Rockingham to form a cabi- net; that nobleman, with no less insight than friendliness, made Burke his private secretary. Thus Hamilton's loss was Rockingham's and England's gain; for in the brief but eventful ministry of Lord Rockingham, Burke was the secret guiding spirit, making, in the debate which brought about the repeal of the Stamp Act, a deep im- pression as an orator and publicist. Burke was now thirty-seven years old, with the follow- ing items to his credit in the material ledger of life some literary beginnings of note and promise, the sup- port of a modest home, and one year, or little more, in the turmoil of parliamentary life, to enter which usually meant to leave all other hope behind. The sincerity of Burke's attachment to the person and party of Rockingham is shown by his declining to serve x INTRODUCTION in the cabinet of his successor, the great William Pitt, just newly made the Earl of Chatham. But he proved himself a true Rockingham Whig in other ways as well. He worked incessantly to strengthen the interest, the in- telligence, and the oratory of his party leaders, and sought every chance to speak or write for the establishment of their principles the maintenance of order in the state, the sacredness of vested rights, the defense of constitu- tional freedom. It was during these years succeeding upon the brief tenure of ministerial power by his friend and patron, that Burke wrote his Observations on the Present State of the Nation, a reply to a pamphlet by Lord Grenville, which exhibited a power of dealing with statistics unsurpassed even by Grenville himself; and this valuable paper was followed a year later, in 1770, by one still more important, called Thoughts on the Cause of the Present Discontents, a cool and vigorous analysis of political conditions as they existed in England, a dispassionate explanation of the causes which had brought them about, and finally an exposition of the doctrines which Burke believed adequate for the relief of them. It was by such means that he sought to em- ploy his incomparable abilities for the support of the Rockingham Whigs till the death of their leader in 1782. In 1774, Burke delivered his Speech on American Tax- ation, and was honored with an unsought election to Parliament from Bristol, then commercially the second city in the realm. In March of the following year came his still greater effort in behalf of a wise policy toward the colonies, the Speech on Conciliation with America. BURKE 'S CAREER xi After the war of American Independence had continued for two years, there followed Burke's third great utter- ance on this subject his Letter to the Sheriffs of Bristol, an appeal to his constituents to join him in an effort to stop the American war by a generous attempt at recon- ciliation. These three documents on American affairs have been called "an example without fault of all the qualities which the critic of great political situations should strive by night and by day to possess discourses in which the world will recognize the combination of sovereign gifts with beneficent uses." 1 When Burke was obliged finally to relinquish hope of moving Lord North and the king to adopt a policy of "honorable and liberal accommodation" toward the colo- nies, he resorted to the purification of political conditions at home. His special desire was to reduce the number of political pensions and sinecure offices, both of which were being brazenly employed as bribes in the House of Commons. Incidentally he reduced the expense of car- rying on the government: the salary of paymaster of the forces, for example, being cut from thirty thousand to four thousand pounds. This period of Burke's activity, devoted to economical reform, closed with his champion- ship of two measures which his Bristol constituents dis- approved. But Burke's position as the guardian of justice was not to be shaken; he stood openly and boldly, if in a calm and reasonable manner, for toleration toward the Roman Catholics in England, and against oppression of the Irish in Ireland, and accepted the loss of his seat in Parliament with perfect resignation, when 1 Motley; Life of Edmund Burke, p. 78. rii INTRODUCTION the great but prejudiced city of Bristol failed to return him in the elections of 1780. This was the time when Burke began to apply himself to a new and great problem, the correction of abuses in the government of India. Through a long course of the deepest and most painstaking research he arrived at the same high degree of exact familiarity with the affairs of India as had marked his study of the American colonies; and when, in 1786, it was determined that Warren Hast- ings, the brilliant but corrupt governor of the Indian empire, was to suffer impeachment by the House of Lords, Burke was the advocate of the State and dis- tinguished himself by a series of speeches running through the long trial, which closed in 1794 with the acquittal of the great accused a verdict which "if it did not convict the man, overthrew the system, and stamped its principles with lasting censure and shame." Here was a veiled success, not altogether unlike that which the pass- ing years had already accorded to Burke's labors on be- half of America. With a preparedness no less full in thought and feel- ing, though far less accurate in fact, Burke now began his championship of the old order in France, as opposed to the various but abhorrent movements of the French people toward republicanism. The overthrow of order, the scorn of the national traditions, especially in religion, the trampling of royalty, especially of the dignity of that "daughter of the Caesars" whom he had years before adored as the charming dauphiness, Marie Antoinette these things stirred the soul of Burke to one long final struggle. From 1790, when his Reflections on the French BURKE'S CAREER jriii Revolution was published, to the day of his death, in 1797, the wrongs of the old order in France and the consequent peril of the old order in England as well as the rest of Europe, commanded the constant service of Burke's pen. With great eloquence, with prophetic insight, with ever- growing popular and royal praise, he chanted his paean, elaborated his theories, and screamed his passionate protests, vituperations, and warnings. In the midst of this prolonged and intense conflict with the phlegmatic forces in the English government, which could hardly be aroused to the crusading pitch, we find Burke writing two widely different and very interesting papers. One was his Thoughts and Details on Scarcity a cool, exact treatise on economic subjects which had long occupied his mind; the other, called A Letter to a Noble Lord, a keen, eloquent, poised defense against at- tacks (by two pampered noblemen) upon the pensions which the government had granted him. Nothing of Burke's is better worth the attention of a busy schoolboy than this letter, which has been called "the most splendid repartee in the English language." Burke, with certain limitations of temperament and circumstance, was a great statesman. His knowledge was extraordinary, his purpose pure, his powers em- ployed for many years with intense devotion to the wel- fare of his country. He was a philosopher and seer, an orator, debater, counselor, and writer, with scarce a peer in his day and generation. But his name should be known and revered not only for its greatness, but for its lovableness as well. No man was ever more gracious to those in need, or more ready literally to divide the last riv INTRODUCTION shilling in his pocket. His beautiful home, the Grego- ries at Beaconsfield, still shown to travelers, not far from London, was the asylum of any orphan, or outcast, or exile who chanced in Burke's way. His love for his rather vain and ineffectual son, Richard, was blind and absolute, and it is not too much to say that Richard's death in 1794, just as hereditary honors were to be be- stowed upon the family, broke his father's heart. No man in England had warmer or more loyal friends. He was almost the first of Johnson's Club, and the affection these heroes of the old order, Burke and Johnson, felt toward each other was changeless and profound. They vied with each other first in the battles of words in which they towered above all others of that gifted coterie, and then they vied with equal zest in proving each other worthy of preeminence. Life-long relations of intimacy existed between Burke and Sir Joshua Reynolds, and they worked out many details in the theory of art to- gether. The same happy sort of fellowship was enjoyed by Burke with all the other members of the Literary Club. And his friendship with Fox was so long and deep that the breach which Burke felt compelled to force in the heat of debate upon French affairs, was viewed by their fellow-members of the House almost as a public calamity. Of Burke's personal appearance it is difficult to speak with definiteness, for both the three or four authentic portraits we have of him are quite at variance, and the descriptive reminiscences of his friends are almost con- tradictory. One thing may help to explain these dis- crepancies. He was so absorbed in his devotion to the BURKE'S CAREER xv public business that he took on a quite different, a more serious, less courtly air as time went on. So it may be that the grace and gallantry attributed to him by those who met him socially, were as truly his as the stocky, stuffy, ungainly figure ascribed to him by others. His oratory is pictured as violent in gesture, vehement and nasal in tone, and far less winning and persuasive upon the whole than his speeches were in print. These were eagerly bought and widely read; and with intervals in which temporary causes operated unfavorably, every utterance of Burke, as long as he lived, was looked on as the utterance of one of England's best and greatest men. And yet it is only with the lapse of years and the more thorough study and experience of man in the exercise of the powers of free government, that the genius and in- sight of his political philosophy and the power with which it is put forth, are taking an adequate place in the respect of the world at large. How just and sound Burke's fundamental principles of legislation were, can partly be discerned from the following set of rules which have been drawn by inference from his works: Seek to preserve everything, so far as possible, that time has V consecrated; adapt the operation of traditional forces to suit present co/iditions; abhor confusion, and shun any policy which may produce it; be satisfied with less than the ideal; be generous rather than exacting; remember there is a higher justice than that framed in the law, and that all laws derive their efficacy from the spirit of obedience in the people. With these views, it is not difficult to see why such a man took and steadily maintained a sympathetic and xvi INTRODUCTION enlightened attitude on all questions concerning the gov- ernment of the American colonies. II THE SPEECH ON CONCILIATION WITH AMERICA i. Historical Background From the year 1651, when Oliver Cromwell's govern- ment passed the first Navigation Act, down to the war which broke out in 1775, England was accustomed to regulate the trade of her American Colonies. She had specified certain important kinds of things, such as hats, linen and woolen goods, iron, and steel, which should be bought in England rather than manufactured in America. She had insisted that the colonists should buy and sell in English, not in foreign, markets; that goods must be brought in and sent abroad in British ships; that the Americans must import slaves, because the slaves were bought in Africa with British merchandise; and that goods leaving England for America, and goods coming into England from America were both liable to the pay- ment of duties at the English ports. At first glance, these restrictions upon the trade of the colonies would seem heavy enough to crush their com- mercial spirit, and arouse deep resentment against the government which imposed such "regulations." As a matter of fact, the colonial commerce grew with mar- SPEECH ON CONCILIATION xvii velous rapidity, and the burdens laid upon it were borne by the Americans with a fairly contented mind. In the first place, it lay with them individually to choose whether to buy or not, if the price of British goods seemed high. In the next place, they were making a good net profit upon their trade to and from Britain. They were, furthermore, well aware that it was greatly to their advantage that British capital was so largely invested in the various enterprises which were manned by the citi- zens of the new world their fisheries, their agriculture, their shipbuilding and their trade. Moreover, the sense of kinship was strong in them they felt an unshaken loyalty in their mother country none the less confiding because some of the regulations upon their trade were tacitly omitted in the enforcement, and others violated by wholesale smuggling. But as the colonies prospered and as their reputation for wealth grew more and more impressive to the minds of British statesmen, ideas of an "American revenue" gradually began to form; and in 1763, when the close of the war with France left both England and America oppressed with debt, the king, George III, was advised by his ministers of finance, first Charles Townshend, then George Grenville, that the time had come when the rich colonies should be taxed for the relief of the national treasury, and the trade laws more rigidly enforced in the interests of honesty and British commerce. The former policy of indirect, or external, taxation, was to be supplemented with a direct revenue, raised in America, not only for the purpose of reducing the French and In- dian war-debt, but, what was particularly abhorrent to xviii INTRODUCTION the colonists, for supporting in their midst a royal army of twenty thousand men. The fact that the colonial assemblies were and had been generously giving of their own free will to reduce the British war burden was ig- nored. So were the warnings of certain well-informed friends of America, who reminded the ministry and the great executive commission known as the Lords of Trade, of the colonial situation and point of view. It was determined to establish a new order of things, and this determination, was very popular in England. So steps were taken to draw forth a colonial revenue at the behest of the imperial parliament. Grenville exercised great patience and the best tact of which he was master, but on the main issue of raising taxes in the colonies his mind was fixed, and his determination was strongly backed by the king. So when in 1765 the colonists w.ere required to buy stamps for the legalizing of every sort of transaction and publication, America showed a new and rebellious mood. There arose instantly a universal and passionate cry of protest. The Stamp Act required a direct contribution to the royal treasure box; the income from it was to be used in ways which threatened to undermine time- honored colonial rights; and it was a compulsory tax, laid by the Parliament of Great Britain a body in which no colony had a voice. Hot speeches were made, and earnest petitions were presented to the king. His majesty's agents were terrorized and their stamps stolen and destroyed or hid. But the really effective measure was taken at a general congress of the colonies held in New York, when it was resolved to avoid all importation SPEECH ON CONCILIATION six and use of British manufactures till the obnoxious act should be repealed a boycott of the merchants of Eng- land which soon brought those weighty citizens to the doors of Parliament with urgent requests for the repeal of the Stamp Act. Parliament, in 1766, with Rocking- ham as Prime Minister, first passed an act declaring the king's rights m the colonies absolute, and then, on grounds of expediency, repealed the one law which had put these rights to a supreme test. The Declaratory Act, however, did no harm, and the Repeal was a great relief and blessing to both parties to the controversy. Yet within two years after this wholesome repeal of the Stamp Act, when the colonies were regaining their former faith in England's good will, Parliament, now under the leadership of Charles Townshend, passed a second revenue act, calling for customs duties on six kinds oi British goods to be collected at the American ports, and designating the way in which the proceeds should be employed. Both the idea of the collection of revenue and the idea of rendering the royal governor and the royal judges dependent on the king for salary, were utterly unsatisfactory to the Americans. By peaceful and by violent means they made their sentiments felt, and in 1770, at the beginning of Lord North's ministry, they obtained a partial concession. Parliament relin- quished, not the offensive principle of taxation, but the actual demand for revenue upon all the articles except tea. Burke and others who knew the American mind, urged the total and unequivocal repeal of the Revenue Act, but in vain. The king now looked upon the tax on tea as essential proof of England's right to levy taxes on xx INTRODUCTION her colonies, and would listen to no argument or appeal. The tax on tea may have illustrated England's right to a colonial revenue; it did not prove her power to secure one. The Americans refused to buy tea from the East India Company, and that great and favored monopoly found itself with an excess of ten million pounds in its warehouses, and no colonial demand. Parliament sought to aid by coercing the colonists; they threw ship-loads of tea into Boston Harbor. Parliament retorted with the Boston Port Bill, the Transportation Act, and other punitive measures, forcibly quartering troops upon the colonists; they united for the defence of their liberties, holding at Philadelphia, in 1774, the First Continental Congress, and organizing the Colonial Militia. Parlia- ment despatched an army to enforce its authority, and passed penal and restrictive legislation; and the climax of all this play of hostile interests befell on the nineteenth of April, at Lexington. Now, during the decade which began with the attempt to enforce the Stamp Act in 1765, and closed with the outbreak of hostilities in 1775, it was found that America had certain friends in the British Parliament. Of these the most notable were the elder Pitt, who, in 1767, be- came the Earl of Chatham and entered the House of Lords, and Edmund Burke, in the House of Commons. Macaulay says in his Second Essay on the Earl of Chatham: "Two great orators and statesmen, belonging to two different generations, repeatedly put forth all their powers in defence of the bill [for repealing the Stamp Act]. The House of Commons neard Pitt for the last time, and Burke for the first time, and was in doubt to SPEECH ON CONCILIATION vd which of them the palm of eloquence should be assigned. It was a splendid sunset and a splendid dawn." Chatham, though immensely effective at times, was prevented from doing all he wished to do for America by great bodily afflictions. Burke, though without the prestige of high office or great fame, brought to bear upon colonial ques- tions the full power of his extraordinary talents in their prime. His was the guiding intellect in the time of the first Rockingham ministry, which accomplished the re- peal of the Stamp Act, in 1766. He delivered, in 1774, in the debate on the repeal of the tax on tea, his irrefut- able speech on A merican Taxation. And in March of the following year, when the bonds of union were strained to the snapping point, he made one final effort to reestablish confidence between the obstinate government and its fiery subjects his speech on Conciliation with America. 2. A Brief of the Speech in Outline. Burke's Speech on Conciliation was a plea for giving up the one sort of legislation which the history of the colonies had proved unwise, namely, the imposition of direct taxes by a parliament in which the Englishmen resident in the colonies were not represented. This plea consisted, on the one hand, of an attack upon the revenue scheme or "project" which Lord North, Prime Minister since 1770, had recently submitted to the House of Com- mons; and, on the other, of the presentation of Burke's own plan for restoring friendly relations between Eng- land and her American dependencies. Burke's plan, however wise and just, involved a very xxii INTRODUCTION difficult thing for Parliament to do, and a thing still more difficult for King George and his ministers to sanction, the taking of an attitude of forbearance to- ward the proud and angry colonies. Lord North's project was formed on a much lower and easier plane. It proposed to bring to submission the leaders of rebellion by an appeal to the self-interest of the colonies at large. It was based upon the old Roman doctrine, "Divide et impera" (Rule by creating internal dissensions), and was called A Plan for Conciliating the Differences with America. It offered inducements to any colony to sub- scribe, according to its ability, to the fund out of which the king was to pay his judges, his governors, and his troops. Burke's position was one which in those bitter days the ruling powers could not bring themselves to assume; Lord North's proposals were too subtle and too sordid to suit the lofty spirit of the Americans. The colonies had no objection to paying for the sup- port of the civil officers and the local troops required for the public safety. But they wished to be permitted to continue the immemorial custom of paying these charges from the strong boxes of their own colonial assemblies, and they were ardently jealous of the attempt to tax them for the maintenance of royal troops in their midst. The error in the project of Lord North lay, therefore, not in the mere demand that the colonies should sub- scribe for the keeping up of civil and military establish- ments, but in the loss of independence involved in having these establishments paid by the king and therefore con- trolled by his pleasure. Burke saw in this project essentially the same menacing principle which had SPEECH ON CONCILIATION xxiii aroused passionate opposition to the Stamp Act and the tax on tea, and in his Speech on Conciliation tried his best to prevent the adoption of it. But it passed both Houses of Parliament, received the royal signature, reached the Continental Congress sitting at Philadelphia in May, 1775, and was there unhesitatingly repudiated by the colonies, who were already at war against the idea it embodied. But Burke's speech not only exposed the fallacies of Lord North's plan. It offered a plain and practical sub- stitute. Burke knew the history of the American ques- tion as no other Englishman knew it. By birth and training he was in sympathy with the spirit and character of the American colonist. He reasoned that tyranny would defeat itself; that only generous treatment would suffice to call forth a generous response; that up to 1763, when the new idea of an American revenue became popu- lar, the treatment and the response had, as a matter of history, been generous and mutually satisfactory. His idea was, therefore, simply to return to that system which experience had proved favorable to the peace and prosperity of the empire the system of regulating trade, and laying external duties, but of allowing the colonists the Englishman's traditional privilege of voting his own taxes and of controlling the administration of the rev- enues so raised. The following brief, while it shows the general scope and proportions of the speech, does not aim to show the weight and texture of the argument. These can be appreciated only by a keen study of the speech itself. I. Ingratiation (paragraphs 1-8): xxiv INTRODUCTION Formal introduction of the subject. Burke's right to speak upon it, though a member of the opposition. II. Theme (paragraphs 9-14): Peace, which all desire, may be secured by con- cession: a. Is it England's duty to concede to America ? b. If so, what shall the concession be? III. The essential Facts about America (paragraphs 15-44): The wisdom of concession must be studied in the light of the circumstances and the character of the colonists : a. Circumstances: population, commerce, agri- culture, fisheries. b. Character: a passionate love of liberty, espe- cially in exercising the privilege of self -taxation. This spirit of liberty arises from six causes. [Digression against the employment of Force in dealing with America, paragraphs 31-35.] IV. The main Argument (paragraphs 45-89): Win back the old confidence of the colonies by granting the essential point at issue the privilege of self-taxation: a. Argument by Exclusion proves concession the only possible method of securing peace. b. History gives evidence of the efficacy of this method. V. The Resolutions (paragraphs 90-116): Thirteen resolutions embody the idea of restoring the colonies to their former unsuspecting confidence SPEECH ON CONCILIATION xxv in the mother country, by giving them their old share or interest in the Constitution: a. Six main resolutions, each argued in detail; b. Seven corollary resolutions. VI. Refutation (paragraphs 117-136): An attack on Lord North's project for raising revenue: a. This plan does violence to human nature under American conditions. 6. There is no chance of its successful operation. c. Contrast between the project for exacting revenue, and the plan for regaining the allegiance of the colonies through concession. VII. Peroration (paragraphs 137-140): Burke exhorts Parliament to believe that mag- nanimity in the ruler is the surest way to secure loyalty in the subject, and closes his speech by mov- ing his resolutions. Thus is seen the double purpose in the speech. So far as it merely refuted the project of Lord North, it was critical or negative. But when, in the course of his at- tack upon the ministerial program, Burke brought for- ward a plan of his own, and argued for it and moved its adoption, his speech became an effort of constructive statecraft. We have seen that it did not suffice to with- hold the project from complete ratification; it was equally ineffective as an appeal to accept a substitute. Parlia- ment was not ready for anything so reasonable, or so con- siderate of the "rebellious wretches" across the sea. It is doubtful whether there was time to make peace even if Burke's resolutions had been cordially adopted. The time xxvi INTRODUCTION came, and that in two years only, when king and minis- ters publicly acknowledged the essential truth and wis- dom of his resolutions. But the Battle of Lexington and Concord was fought less than a month after the de- livery of this speech, and the seven years' conflict begun, which burst forever the political bonds between the in- surgent Americans and their British king. 3. Form and Style. As has been shown in the brief which precedes, Burke's opening words are directed toward a good understanding with his audience. Every classical oration, that is, one formed upon the models of the great orators of Greece and Rome, opens with some such introductory formality, called by the rhetoricians the ingratiation. When Burke feels that he has sufficiently explained himself, he makes an expression, as tactful as he can, of the tJieme, or question, which he wishes to debate. His next step is to portray the growing wealth and dig- nity of the American colonies. In this passage, conven- tionally known as the statement of facts, Burke surpasses himself in the art in which he is an unequaled master, the art of making statistics effective in debate. The main argument upon this question (as to how England shall deal with the colonial passion for self- taxation) is divided into the argument by exclusion and the argument by historical analogy. The argument by exclusion shows that there are only three conceivable ways in which England could treat America; and that as the first two of these ways are unwise, the third must SPEECH ON CONCILIATION xxvii be the right way. This is obviously a kind of argument which depends on a full enumeration of the possibilities, and therefore could not do final and effective service by itself. The argument from history here comes in and affords positive proof of the wisdom of this third way, the policy of conciliation through concession, by citing the happy experience which England has had with four other rebellious dependencies Ireland, Wales, Chester, and Durham. By analogy, peace will follow the grant- ing of constitutional privileges in America as surely as it has done in these provinces. Burke then brings forward the resolutions in which he has embodied his plan for securing peace with America. When he has argued for these one by one, and then all together, he makes what is technically known as his refutation, by attacking the "project" of Lord North. Finally (paragraphs 137-140) comes the peroration, the closing passage, with which an orator should be best content to leave his listeners, who are supposed to have been raised gradually to the point of sympathy or enthu- siasm. It is here that we have the fullest warrant to look for eloquent terms and a strong uplift. Matthew Arnold has made an illuminating observation on the power of Burke as a -political writer, in the sentence, "What makes Burke stand out so splendidly among poli- ticians is that he treats politics with his thought and im- agination." Burke's secret does not lie in the soundness of his philosophy alone; he vivifies his reasoning with imagination. Even commercial statistics are made to seem alive; and on occasion the art of a poet is drawn upon to embellish the expression of his thought. How xxviii INTRODUCTION easily a mere debater could have passed by the whale- fisheries of New England with a bare statement of their big areas, stupendous tonnage, and importance to English trade. But Burke treats the fishermen with his imagina- tion (paragraph 30). The clear vision of which Arnold spoke peers into the history of Wales under penal regulation and sees: "That all the while Wales rid this kingdom like an incubus; that it was an unprofitable and oppressive burden; and that an Englishman traveling in that country could not go six yards from the highroad without being murdered." It peers into the geography of America: "If you drive the people from one place, they will carry on their annual tillage and remove with their flocks and herds to another. . . . Already they have topped the Appalachian mountains. From thence they behold before them an immense plain, one vast, rich, level meadow, a square of five hundred miles." It peers into the very hearts of the Americans and sym- pathizes with their passionate love of freedom, with their religious prejudices, their social tendencies; and it sees the English kinship with these passions as a living truth : "We cannot, I fear, falsify the pedigree of this fierce people and persuade them that they are not sprung from a nation in whose veins the blood of freedom circulates. The language in which they would hear you tell them this tale would detect the imposi- tion; your speech would betray you. An Englishman is the unfittest person on earth to argue another Englishman into slavery." Upon the ill-omened projects of tyranny it looks with the eye of scornful condemnation. Burke is speaking of SPEECH ON CONCILIATION xxix the plan to free the slaves that they may fight against their masters: "An offer of freedom from England would come rather oddly, shipped to them in an African vessel, which is refused an entry into the ports of Virginia or Carolina, with a cargo of three hun- dred Angola negroes. It would be curious to see the Guinea cap- tain attempting at the same instant to publish his proclamation of liberty and to advertise his sale of slaves." These passages lose much by the fact of quotation. In their places, coming as they do from a high exercise of the imagination, they often produce the effect of great poetry. But his speech is by no means all in this lofty vein. Professor Bliss Perry says, "Burke could always be gorgeous when he chose, and severe when he must." And in the Speech on Conciliation there is no dearth of passages of severe prose. As debate pure and simple, it is surpassed by the Speech on American Taxation, of the year before, for that was incomparably keen, exact, and telling in its use of facts and force of language from the debater's point of view. In the broader sense of a delib- erative argument, appealing to large considerations, broad truths, and eternal principles of conduct, the present speech rises supreme as a political document, both in substance and in form. Burke's great contemporary, Fox, himself an orator of the first rank, "urged members of Parliament to peruse the Speech on Conciliation again and again, to study it, to imprint it on their minds, to im- press it on their hearts." The style of Burke is elegant in the old and true sense of the word. There is no vulgar commonplace, no appeal to cheap applause, no hot invective. An air of dignity xxx INTRODUCTION pervades his utterance; his manner is that of a "gentle- man of the old school." "Fortunately I am not obliged for the ways and means of this substitute to tax my own unproductive invention. I am not even obliged to go to the rich treasury of the fertile framers of imagin- ary commonwealths, not to the Republic of Plato, not to the Utopia of More, not to the Oceana of Harrington. It is before me, it is at my feet; 'And the rude swain Treads daily on it with his clouted shoon.'" It is as part of this poised and high-bred manner that we interpret those quaint apologies and deprecations, those compliments and innuendoes which enliven the page. But there is a deeper explanation of the elegance of Burke's style. His spirit is high. Grandeur is native to him; it breathes forth from his lips as unconsciously as goodness welled from his heart. And those full periods, perfect in continuity, roll off with a rhythm which can- not but be sustained, because it is the rhythm of the thought or emotion itself. Burke's phrasing is as rotund, his turns of thought as quick and varied, as those of Johnson at his best, and for much the same reason. Both were great men speaking from their hearts, in an age which had not yet chastened the poetry out of daily speech. The passage which best illustrates these quali- ties is too long to quote here, but it will never be thought too long to read, paragraphs one hundred and thirty- seven and one hundred and thirty-eight, beginning, "For that service, for all service, whether of revenue, trade or empire, my trust is in her interest in the British consti- tution." SPEECH ON CONCILIATION xxxi Passing over the various figures of speech of the more obvious kind, which, however, Burke employs not only freely but supremely well (note, for example, his use of metaphor, paragraph 133), there is an element of beauty in his style which is not less remarkable because it is per- vasive, and incapable of scientific analysis. What I refer to is a certain enrichment of his language with treasures from his reading. Sometimes this takes the form of quotation, but more commonly of a passing allusion, sug- gested rather than made, to some cherished phrase, which not only expresses the desired thought, but con- veys with it the subdued charm of association. Freedom is a "common blessing, and as broad and general as the air"; " Clouds indeed and darkness rest upon the future"; "When the day-star of the English constitu- tion had arisen in their hearts"; "The immense, ever- growing, eternal debt which is due to generous govern- ment from protected freedom"; "These are ties which, though light as air, are as strong as links of iron." It is in such rich fragments as these from Shakespeare, Milton, the Bible, that Burke naturally expresses himself, occa- sionally giving from these sources or from his favorite Latin poets a more literal quotation. His eloquent Sursum corda is drawn from the Roman Catholic lit- urgy, while from the Philadelphia Address to Great Britain echoes that telling phrase "the former unsus- pecting confidence in the mother country." The legends of the Minotaur and of the Roman daughter contribute to his descriptions; picturesque events in history afford him illustrations, while nothing satisfies the demand of his critical imagination but the most definite and pic- xxxii INTRODUCTION turesque details. The mountains are Appalachian, the outlaws are English Tartars; it is Angola negroes whom the Guinea captain seeks to import, into Virginia and Carolina. But though the beauties of Burke's style are the beau- ties of poetry, his prose is a true prose, and has the excel- lences of prose. There is no need to dwell upon the means by which Burke perfects the sequence of sentences and paragraphs, or the nice ratio between theme and am- plification, or the variety and force of his phrases, or the accuracy and vigor of his vocabulary. These things are self-evident. It may be well, however, to touch upon one virtue of his prose language which is possessed in equal perfection by few orators. I mean his ingenuity in neatly expressing what would naturally have been considered inexpressible except in many and perhaps awkward words. I will cite a few examples of this skilful com- pression, though they lose their keenest point when isolated: "Considering force not as an odious, but a feeble instrument" (paragraph 31); "Terror is not al- ways the effect of force, and an armament is not a vic- tory" (paragraph 33);. "Will it not teach them that the government against which a claim of liberty is tanta- mount to high treason is a government to which submis- sion is equivalent to slavery?" (paragraph 60); "But courts incommodiously situated in effect deny justice; and a court partaking in the fruits of its own condemna- tion is a robber" (paragraph 116). The student's total impression of Burke's English is not only that it serves the orator's conscious purpose, furthering with sincerity and vividness the granting of SPEECH ON CONCILIATION xxxiii constitutional freedom to America; but that to the furthest limit of thought or imagination, of exposition, enforcement, summary, refutation, of description, illus- tration, or appeal, the subserviency of his style is perfect and unconscious. It is part of the man. DESCRIPTIVE BIBLIOGRAPHY There is one complete and easily available edition of Burke's works, published by Little, Brown & Co., Bos- ton, in twelve volumes, crown octavo. By the same house has been issued the Beaconsfield edition, in eight volumes. Burke's Select Works, edited with valuable introductions by E. J. Payne, is published by the Clar- endon Press in three volumes. F. G. Selby has edited three distinct volumes, compact, inexpensive, satisfac- tory, which are published by the Macmillan Company. If one can add only one Burke volume to his library, he should get Bliss Perry's Selections from Burke, published by Henry Holt & Co. It contains material for a broad and just examination of Burke's range of authorship. Of biographies of Burke, Lord Morley's, in the Eng- lish Men of Letters series (Harper & Bros.) is the best and at the same time the most compact. Sir James Prior's (Bell & Co., London) is simple, friendly, full of detail. To get the mordant comment of a shrewd con- temporary of Burke's, read Charles Wentworth Dilke's Papers of a Critic (Murray, London). Equally keen, but fairer, is Hazlitt's essay On the Character of Burke, in Sketches and Essays (Bell & Sons, London). For criticism of an interpretive sort, read F. D. Maurice's lectures on Burke in his Friendship of Books; it is dis- cerning and luminous. To get just views of the historical background of the xxxvi DESCRIPTIVE BIBLIOGRAPHY Speech on Conciliation, one should read both the Ameri- can and the British story of the period. Out of the boundless variety of material it may be proper to suggest a few sources of high value. There are the biographies of the men concerned, those of Burke and his contempora- ries in British public life; on the American side especially the life of Benjamin Franklin in the American Statesmen series. For histories, Fiske's Beginnings of New Eng- land, Bancroft's United States, Green's English People, Lecky's England in the Eighteenth Century, and Trevelyan's American Revolution. The most notable of Burke' s published works are given below, with approximate dates and an occasional explanatory note: 1756. A Vindication of Natural Society or, A View of the Miseries and Evils Arising to Mankind from every Species of Artificial Society; in a letter to Lord , by a late Noble Writer. A piece of casuistry, imitating the style of Lord Bolingbroke so successfully as to deceive the keenest critics. 1756. A Philosophical Inquiry into the Origin of our Ideas on the Sublime and the Beautiful. 1757. An Account of the European Settlements in America. A story of the colonization and early civilization of both North and South America; full of romantic incidents and fascinating description, and written in an easy and alluring style. 1757. An Essay towards an Abridgment of the English History. A most readable narrative of early English civilization. It ends with the reign of King John a fact to be regretted. 1766. A Short Account of a late Short Administration. The summary of what had been accomplished by the Rocking- ham Whigs during Burke's first year in Parliament. 1769. Observations on a late Publication entitled "The Present State of the Nation." Burke's answer to Grenville's pamphlet. It was to defend the DESCRIPTIVE BIBLIOGRAPHY xxxvii Whig policies of his patron, Lord Rockingham, that Burke wrote this and the following paper. 1770. Thoughts on the Cause of the Present Discontents. 1774. Speech on American Taxation. 1775. Speech on Conciliation with America. 1777. An Address to the King. "Each sentence falls on the ear with the accent of some golden tongued oracle of the wise gods" (Lord Morley). 1777. An Address to the British Colonists in America. A magnanimous, though hopeless, expression of friendly feeling toward the colonies in the midst of their war for independence. 1777. A Letter to John Farr and John Harris, Esquires, Sheriffs of the City of Bristol, on the Affairs of America. 1780. The Speech on a plan for the better Security of the Inde- pendence of Parliament and the Economical Reformation of the Civil and other Establishments. 1783. The Speech on Mr. Fox's East India Bill. Favoring reforms in the system of the East India Company. 1783. Report of the Committee on Indian Affairs. An elaborate analysis of political and commercial conditions in India. 1785. The Speech on charging the Nabob of Arcofs Debts to Europeans on the Revenues of the Carnatic. 1786. Articles of Charge of High Crimes and Misdemeanors against Warren Hastings, Esquire, late Governor-General of Bengal. With these twenty-two charges Burke opened the trial of War- ren Hastings, which lasted for fourteen years. These articles, in the form into which Burke threw them, occupy over four hundred large octavo pages. 1788. Speeches on the Impeachment of Warren Hastings, Esquire. Over five hundred pages of close argument and detailed descrip- tion. 1790. Reflections on the Revolution in France and on the proceed- ings in certain Societies in London, relative to that event, in a letter intended to have been sent to a Gentleman in Paris. The paper in which Burke commits himself to the policy of opposition to the republican movements in France. xxxviii DESCRIPTIVE BIBLIOGRAPHY 1791. A Letter to a Member of the National Assembly. Criticising the methods of the revolutionary leaders. 1791. An Appeal from the New to the Old Whigs in consequence of some late Discussions in Parliament relative to the Reflections on the French Revolution. The Old Whigs were of the conservative "Rockingham" type. 1792. A Letter to Sir Hercules Langrishe, Bart. M. P., on the Subject of the Roman Catholics of Ireland, and the propriety of admitting them to the Elective Franchise consistently with the principles of the Constitution as established at the Revolution (1688). An impassioned defence of the political rights of Irish Catholics. 1793. Observations on the Conduct of the Minority, particularly in the last sessions of Parliament. Taking Fox and Sheridan to task for their attitude towards France. They were Old Whigs turned New, and friends of Burke turned foes. 1793. Remarks on the Policy of the Allies with respect to France. A plea for the restoration of the old order in France. 1794. Speeches on the Impeachment of Warren Hastings, Esquire. The closing address of Burke who was chief advocate for the State. These speeches occupied nine days and fill six hundred pages. They constitute Burke's reply to the counsel who sought to defend the corrupt administration of affairs in Bengal. 1795. Thoughts and Details on Scarcity. It was a time of famine. This paper contained a Free Trader's view of the danger of governmental interference in the produc- tion or the marketing of the necessaries of life. No one knew more accurately or broadly than Burke what the actual condi- tions were; but he did not nervously resort to unnatural meas- ures for relief. 1795. A Letter from the Right Hon. Edmund Burke to a Noble Lord, on the attacks made upon him and his pension, in the House of Lords, by the Duke of Bedford and the Earl of Lauder- dale early in the present sessions of Parliament. The most eloquent of all Burke's writings. 17%. Letter Addressed to a Member of the Present Parliament, DESCRIPTIVE BIBLIOGRAPHY xxxii on the Proposals for Peace with the Regicide Directory of France. Burke's last word on the French Revolution. He could not endure the thought of England's making peace with the lawless leaders of the French mob which had guillotined their king and queen. To him the "age of chivalry was gone," and he urged England into more desperate war with France, with what was literally his dying breath, for half of these letters were pub- lished posthumously. SPEECH OF EDMUND BURKE, ESQ. ON Moving his Resolutions FOR Conciliation with the Colonies March 22, 1775 THE SECOND EDITION LONDON PRINTED FOR J. DODSLEY, IN PALL-MALL MDCCLXXV SPEECH ON CONCILIATION WITH AMERICA /. I HOPE, Sir, that notwithstanding the austerity of the Chair, your good nature will incline you to some de- gree of indulgence towards human frailty. You will not think it unnatural that those who have an object depend- 5 ing which strongly engages their hopes and fears should be somewhat inclined to superstition. As I came into the House, full of anxiety about the event of my motion, I found, to my infinite surprise, that the grand penal bill by which we had passed sentence on the trade and sus- 10 tenance of America is to be returned to us from the other House. I do confess, I could not help looking on this event as a fortunate omen. I look upon it as a sort of providential favor by which we are put once more in pos- session of our deliberative capacity, upon a business so very 15 questionable in its nature, so very uncertain in its issue. By the return of this bill, which seemed to have taken its flight forever, we are at this very instant nearly as free to choose a plan for our American government as we were on the first day of the session. If, Sir, we incline to the 20 side of conciliation, we are not at all embarrassed (unless we please to make ourselves so) by any incongruous mix- ture of coercion and restraint. We are therefore called upon, as it were by a superior warning voice, again to i 2 ON CONCILIATION WITH AMERICA. attend to America ; to attend to the whole of it together ; and to review the subject with an unusual degree of care and calmness. 2. Surely it is an awful subject, or there is none so on this side of the grave. When I first had the honor of 5 a seat in this House, the affairs of that continent pressed themselves upon us as the most important and most deli- cate object of parliamentary attention. My little share in this great deliberation oppressed me. I found myself a partaker in a very high trust ; and having no sort of io reason to rely on the strength of my natural abilities for the proper execution of that trust, I was obliged to take more than common pains to instruct myself in everything which relates to our colonies. I was not less under the necessity of forming some fixed ideas concerning the gen- 15 eral policy of the British Empire. Something of this sort seemed to be indispensable, in order, amidst so vast a fluctuation of passions and opinions, to concentre my thoughts, to ballast my conduct, to preserve me from be- ing blown about by every wind of fashionable doctrine. 20 I really did not think it safe or manly to have fresh prin- ciples to seek upon every fresh mail which should arrive from America. 3. At that period I had the fortune to find myself in perfect concurrence with a large majority in this House. 25 Bowing under that high authority, and penetrated with the sharpness and strength of that early impression, I have continued ever since, without the least deviation, in my original sentiments. Whether this be owing to an obstinate perseverance in error, or to a religious adher- 30 ence to what appears to me truth and reason, it is in your equity to judge. THE CRISIS. 3 4. Sir, Parliament having an enlarged view of ob- jects, made, during this interval, more frequent changes in their sentiments and their conduct than could be justi- fied in a particular person upon the contracted scale of 5 private information. But though I do not hazard any- thing approaching to a censure on the motives of former Parliaments to all those alterations, one fact is undoubted, that under them the state of America has been kept in continual agitation. Everything administered as remedy 10 to the public complaint, if it did not produce, was at least followed by, an heightening of the distemper ; until by a variety of experiments that important country has been brought into her present situation a situation which I will not miscall, which I dare not name, which I scarcely 15 know how to comprehend in the terms of any de- scription. 5. In this posture, Sir, things stood at the beginning of the session. About that time a worthy member, of great parliamentary experience, who in the year 1766 20 filled the Chair of the American Committee with much ability, took me aside and, lamenting the present aspect of our politics, told me things were come to such a pass that our former methods of proceeding in the House would be no longer tolerated ; that the public tribunal 25 (never too indulgent to a long and unsuccessful opposi- tion) would now scrutinize our conduct with unusual severity ; that the very vicissitudes and shiftings of min- isterial measures, instead of convicting their authors of inconstancy and want of system, would be taken as an 30 occasion of charging us with a predetermined discontent which nothing could satisfy, whilst we accused every measure of vigor as cruel, and every proposal of lenity as 4 ON CONCILIATION WITH AMERICA. weak and irresolute. The public, he said, would not have patience to see us play the game out with our ad- versaries ; we must produce our hand : it would be ex- pected that those who for many years had been active in such affairs should show that they had formed some clear 5 and decided idea of the principles of colony government; and were capable of drawing out something like a plat- form of the ground which might be laid for future and permanent tranquillity. 6. I felt the truth of what my honorable friend repre- 10 sented ; but I felt my situation too. His application might have been made with far greater propriety to many other gentlemen. No man was indeed ever better dis- posed, or worse qualified, for such an undertaking than myself. Though I gave so far into his opinion that I im- 15 mediately threw my thoughts into a sort of parliamentary form, I was by no means equally ready to produce them. It generally argues some degree of natural impotence of mind, or some want of knowledge of the world, to hazard plans of government, except from a seat of authority. 20 Propositions are made, not only ineffectually, but some- what disreputably, when the minds of men are not prop- erly disposed for their reception ; and for my part, I am not ambitious of ridicule, not absolutely a candidate for disgrace. 25 7. Besides, Sir, to speak the plain truth, I have in general no very exalted opinion of the virtue of paper government, nor of any politics in which the plan is to be wholly separated from the execution. But when I saw that anger and violence prevailed every day more 30 and more, and that things were hastening towards an incurable alienation of our colonies, I confess my caution BURKE' S PROPOSITION. 5 gave way. I felt this as one of those few moments in which decorum yields to a higher duty. Public calamity is a mighty leveller ; and there are occasions when any, even the slightest, chance of doing good must be laid hold on, even by the most inconsiderable person. 8. To restore order and repose to an empire so great and so distracted as ours, is, merely in the attempt, an under- taking that would ennoble the flights of the highest genius and obtain pardon for the efforts of the meanest under- 10 standing. Struggling a good while with these thoughts, by degrees I felt myself more firm. I derived, at length, some confidence from what in other circumstances usually produces timidity. I grew less anxious, even from the idea of my own insignificance. For judging of what you 15 are by what you ought to be, I persuaded myself that you would not reject a reasonable proposition, because it had nothing but its reason to recommend it. On the other hand, being totally destitute of all shadow of influence, natural or adventitious, I was very sure that if my 20 proposition were futile or dangerous, if it were weakly conceived or improperly timed, there was nothing exterior to it, of power to awe, dazzle or delude you. You will see it just as it is, and you will treat it just as it deserves. 25 (g, 1 The proposition is peace. Not peace through the medium of war ; not peace to be hunted through the labyrinth of intricate and endless negotiations ; not peace to arise out of universal discord fomented from principle in all parts of the empire ; not peace to depend on the 30 juridical determination of perplexing questions, or the precise marking the shadowy boundaries of a complex government. It is simple peace, sought in its natural 6 ON CONCILIATION WITH AMERICA. course and in its ordinary haunts. It is peace sought in the spirit of peace, and laid in principles purely pacific. I propose, by removing the ground of the difference, and by restoring the former unsuspecting confidence of the colonies in the mother country, to give permanent satis- 5 faction to your people ; and (far from a scheme of ruling by discord) to reconcile them to each other in the same act and by the bond of the very same interest which reconciles them to British government. IO. My idea is nothing more. Refined policy ever ic has been the parent of confusion ; and ever will be so, as long as the world endures. Plain good intention, which is as easily discovered at the first view as fraud is surely detected at last, is, let me say, of no mean force in the government of mankind. Genuine simplicity of heart is 15 an healing and cementing principle. My plan, there- fore, being formed upon the most simple grounds imaginable, may disappoint some people when they hear it. It has nothing to recommend it to the pruriency of curious ears. There is nothing at all new and captivat- 20 ing in it. It has nothing of the splendor of the project which has been lately laid upon your table by the noble lord in the blue ribbon. It does not propose to fill your lobby with squabbling .colony agents, who will require the interposition of your mace at every instant to keep 2 the peace amongst them. It does not institute a mag- nificent auction of finance, where captivated provinces come to general ransom by bidding against each other, until you knock down the hammer, and determine a proportion of payments beyond all the powers of algebra 30 to equalize and settle. //. The plan which I shall presume to suggest ALL DESIRE CONCILIATION. 7 derives, however, one great advantage from the propo- sition and registry of that noble lord's project. The idea of conciliation is admissible. First, the House in accepting the resolution moved by the noble lord has 5 admitted, notwithstanding the menacing front of our address, notwithstanding our heavy bill of pains and penalties, that we do not think ourselves precluded from all ideas of free grace and bounty. 12. The House has gone farther : it has declared 10 conciliation admissible, previous to any submission on the part of America. It has even shot a good deal beyond that mark, and has acjmitted that the complaints of our foriner mode of exerting the right of taxation were not wholly unfounded. That right thus exerted is 15 allowed to have something reprehensible in it, something unwise or something grievous ; since, in the midst of our heat and resentment, we of ourselves have proposed a capital alteration ; and, in order to get rid of what seemed so very exceptionable, have instituted a mode 20 that is altogether new, one that is, indeed, wholly alien from all the ancient methods and forms of Par- liament. lj. The principle of this proceeding is large enough for my purpose. The means proposed by the noble lord 25 for carrying his ideas into execution, I think, indeed, are very indifferently suited to the end ; and this I shall endeavor to show you before I sit down. But, for the present, I take my ground on the admitted principle. I mean to give peace. Peace implies reconciliation ; and 30 where there has been a material dispute, reconciliation does in a manner always imply concession on the one part or on the other. In this state of things I make no 8 ON CONCILIATION II' ITU AMERICA. difficulty in affirming that the proposal ought to originate from us. Great and acknowledged force is not impaired, either in effect or in opinion, by an unwillingness to exert itself. The superior power may offer peace with honor and with safety. Such an offer from such a power 5 will be attributed to magnanimity. But the concessions of the weak are the concessions of fear. When such a one is disarmed, he is wholly at the mercy of his superior ; and he loses forever that time and those chances which, as they happen to all men, are the strength and resources 10 of all inferior power. 14. The capital leading questions on which you must this day decide are these two : first, whether you ought to concede; and secondly, what your concession ought to be. On the first of these questions we have gained 15 (as I have jtfst taken the liberty of observing to you) some ground. But I am sensible that a good deal more is still to be done. Indeed, Sir, to enable us to deter- mine both on the one and the other of these great ques- tions with a firm and precise judgment, I think it may be 20 necessary to consider distinctly the true nature and the peculiar circumstances of the object which we have be- fore us : because after all our struggle, whether we will or not, we must govern America according to that nature and to those circumstances, and not according to our 25 own imaginations, not according to abstract ideas of right ; by no means according to mere general theories of government, the resort to which appears to me in our present situation no better than arrant trifling. I shall therefore endeavor, with your leave, to lay before you 30 some of the most material of these circumstances in as full and as clear a manner as I am able to state them. THE POPULATION OF AMERICA. , 9 15. The first thing that we have to consider v.-ith re- gard to the nature of the object is the number of people in the colonies. I have taken for some years a good deal of pains on that point. I can by no calculation justify myself in placing the number below two millions of inhabitants of our own European blood and color ; besides at least 500,000 others, who form no inconsider- able part of the strength and opulence of the whole. This, Sir, is, I believe, about the true number. There 10 is no occasion to exaggerate where plain truth is of so much weight and importance. But whether I put the present numbers too high or too low is a matter of little moment. Such is the strength with which population shoots in that part of the world, that, state the numbers 15 as high as we will, whilst the dispute continues, the ex- aggeration ends. Whilst we are discussing any given magnitude, they are grown to it. Whilst we spend our time in deliberating on the mode of governing two mil- lions, we shall find we have millions more to manage. 20 Your children do not grow faster from infancy to man- hood, than they spread from families to communities, and from villages to nations. 16. I put this consideration of the present and the growing numbers in the front of our deliberation; be- as cause, Sir, this consideration will make it evident to a blunter discernment than yours, that no partial, narrow, contracted, pinched, occasional system will be at all suit- able to such an object. It will show you that it is not to be considered as one of those minima which are out 50 of the eye and consideration of the law ; not a paltry excrescence of the state ; not a mean dependent, who may be neglected with little damage and provoked with io ON CONCILIATION WITH AMERICA. little danger. It will prove that some degree of care and caution is required in the handling such an object; it will show that you ought not, in reason, to trifle with so large a mass of the interests and feelings of the human race. You could at no time do so without guilt ; and 5 be assured you will not be able to do it long with im- punity. 77. But the population of this country, the great and growing population, though a very important con- sideration, will lose much of its weight, if not combined io with other circumstances. The commerce of your colo- nies is out of all proportion beyond the numbers of the people. This ground of their commerce, indeed, has been trod some days ago, and with great ability, by a distinguished person at your bar. This gentleman, after 15 thirty-five years, it is so long since he first appeared at the same place to plead for the commerce of Great Britain, has come again before you to plead the same cause, without any other effect of time than that to the fire of imagination and extent of erudition, which even 20 then marked him as one of the first literary characters of his age, he has added a consummate knowledge in the commercial interest of his country, formed by a long course of enlightened and discriminating experi- ence. 25 1 8. Sir, I should be inexcusable in coming after such a person with any detail, if a great part of the members who now fill the House had not the misfortune to be absent when he appeared at your bar. Besides, Sir, I propose to take the matter at periods of time somewhat 30 different from his. There is, if I mistake not, a point of view from whence, if you will look at this subject, it is THE COMMERCE OF AMERICA. \\ impossible that it should not make an impression upon you. 19. I have in my hand two accounts : one a com- parative state of the export trade of England to its colo- 5 nies, as it stood in the year 1704, and as it stood in the year 1772; the other a state of the export trade of this country to its colonies alone, as it stood in 1772, com- pared with the whole trade of England to all parts of the world (the colonies included) in the year 1704. They 10 are from good vouchers ; the latter period from the ac- counts on your table, the earlier from an original manu- script of Davenant, who first established the Inspector- General's office, which has been ever since his time so abundant a source of parliamentary information. 15 2O. The export trade to the colonies consists of three great branches : the African, which, terminating almost wholly in the colonies, must be put to the account of their commerce ; the West Indian ; and the North American. All these are so interwoven that the attempt to separate 20 them would tear to pieces the contexture of the whole ; and, if not entirely destroy, would very much de- preciate the value of all the parts. I therefore consider these three denominations to be, what in effect they are, one trade. 25 21. The trade to the colonies, taken on the export side. at the beginning of this century, that is, in the year 1704, stood thus : Exports to North America and the West Indies, .483,265 To Africa ............. 86,665 30 22. In the year 1772, which I take as a middle year 12 ON CONCILIATION WITH AMERICA. between the highest and lowest of those lately laid on your table, the account was as follows : To North America and the West Indies . . .4,791,734 To Africa 866,398 To which if you add the export trade from Scotland, which had in 1704 no existence 364,000 ,6,022,132 2%. From five hundred and odd thousand it has grown to six millions. It has increased no less than twelvefold. This is the state of the colony trade, as i compared with itself at these two periods within this century; and this is matter for meditation. But this is not all. Examine my second account. See how the ex- port trade to tne colonies alone in 1772 stood in the other point of view, that is, as compared to the whole trade of 1 S England in 1704: The whole export trade of England, including that to the colonies, in 1704 ^6,509,000 Export to the colonies alone in 1772 . . . 6,024,000 Difference .... "485,000 20 24. The trade with America alone is now within less than ^500,000 of being equal to what this great com- mercial nation, England, carried on at the beginning of this century with the whole world ! If I had taken the largest year of those on your table, it would rather have 25 exceeded. But, it will be said, is not this American trade an unnatural protuberance that has drawn the juice from the rest of the body ? The reverse. It is the very food that has nourished every other part into its present magnitude. Our general trade has been greatly aug- 30 RAPID COMMERCIAL GROWTH. 13 mented, and augmented more or less in almost every part to which it ever extended, but with this material difference, that of the six millions which in the be- ginning of the century constituted the whole mass of our 5 export commerce, the colony trade was but one-twelfth part ; it is now (as a part of sixteen millions) consider- ably more than a third of the whole. This is the relative proportion of the importance of the colonies at these two periods : and all reasoning concerning our mode of treat- 10 ing them must have this proportion as its basis ; or it is a reasoning weak, rotten and sophistical. 25. Mr. Speaker, I cannot p-evail on myself to hurry over this great consideration. It is good for us to be here. We stand where we have an immense view of 15 what is, and what is past. Clouds, indeed, and dark- ness rest upon the future. Let us, however, before we descend from this noble eminence, reflect that this growth of our national prosperity has happened within the short period of the life of man. It has happened within sixty- 20 eight years. There are those alive whose memory might touch the two extremities. For instance, my Lord Bathurst might remember all the stages of the progress. He was in 1 704 of an age at least to be made to com- prehend such things. He was then old enough acta 25 parentum jam legere, et quae sit poterit cognoscere virtus. Suppose, Sir, that the angel of this auspicious youth, foreseeing the many virtues which made him one of the most amiable, as he is one of the most fortunate, men of his age, had opened to him in vision, that when 30 in the fourth generation the third prince of the House of Brunswick had sat twelve years on the throne of that na- tion which (by the happy issue of moderate and healing I 4 ON CONCILIATION WITH AMERICA. counsels) was to be made Great Britain, he should see his son, Lord Chancellor of England, turn back the current of hereditary dignity to its fountain, and raise him to a higher rank of peerage, whilst he enriched the family with a new one ; if amidst these bright and happy 5 scenes of domestic honor and prosperity that angel should have drawn up the curtain and unfolded the rising glories of his country, and, whilst he was gazing with admira- tion on the then commercial grandeur of England, the genius should point out to him a little speck, scarcely 10 visible in the mass of the national interest, a small seminal principle rather than a formed body, and should tell him, " Young man, there is America, which at this day serves for little more than to amuse you with stories of savage men and uncouth manners; yet shall, before 15 you taste of death, show itself equal to the whole of that commerce which now attracts the envy of the world. Whatever England has been growing to by a progressive increase of improvement, brought in by varieties of peo- ple, by succession of civilizing conquests and civilizing 20 settlements in a series of seventeen hundred years, you shall see as much added to her by America in the course of a single life ! " If this state of his country had been foretold to him, would it not require all the sanguine credulity of youth and all the fervid glow of enthusiasm 25 to make him believe it? Fortunate man, he has lived to see it ! Fortunate indeed, if he lives to see nothing that shall vary the prospect and cloud the setting of his day ! 26. Excuse me, Sir, if, turning from such thoughts, I resume this comparative view once more. You have seen 30 it on a large scale ; look at it on a small one. I will point out to your attention a particular instance of it in the AMERICAN A GRICUL TURE. 15 single province of Pennsylvania. In the year 1704 that province called for ;i 1,459 ^ n value of your commodi- ties, native and foreign. This was the whole. What did it demand in 1772? Why, nearly fifty times as much; 5 for in that year the export to Pennsylvania was ^507,909, nearly equal to the export to all the colonies together in the first period. 27. I choose, Sir, to enter into these minute and particular details; because generalities, which in all 10 other cases are apt to heighten and raise the subject, have here a tendency to sink it. When we speak of the com- merce with our colonies, fiction lags after truth, invention is unfruitful, and imagination cold and barren. 28. So far, Sir, as to the importance of the object in 15 the view of its commerce, as concerned in the exports from England. If I were to detail the imports, I could show how many enjoyments they procure which deceive the burthen of life, how many materials which invigorate the springs of national industry, and extend and animate 20 every part of our foreign and domestic commerce. This would be a curious subject indeed, but I must prescribe bounds to myself in a matter so vast and various. 29. I pass, therefore, to the colonies in another point of view, their agriculture. This they have prosecuted 25 with such a spirit that, besides feeding plentifully their own growing multitude, their annual export of grain, comprehending rice, has some years ago exceeded a million in value. Of their last harvest, I am persuaded, they will export much more. At the beginning of the 30 century some of these colonies imported corn from the mother country. For some time past the Old World has been fed from the New. The scarcity which you have 1 6 ON CONCILIATION WITH AMERICA. felt would have been a desolating famine, if this child of your old age, with a true filial piety, with a Roman charity, had not put the full breast of its youthful exu- berance to the mouth of its exhausted parent. JO. As to the wealth which the colonies have drawn 5 from the sea by their fisheries, you had all that matter fully opened at your bar. You surely thought those acquisitions of value, for they seemed even to excite your envy ; and yet the spirit by which that enterprising em- ployment has been exercised ought rather, in my opinion, 10 to have raised your esteem and admiration. And pray, Sir, what in the world is equal to it? Pass by the other par,ts, and look at the manner in which the people of New England have of late carried on the whale fishery. Whilst we follow them among the tumbling mountains 15 of ice, and behold them penetrating into the deepest frozen recesses of Hudson Bay and Davis Strait, whilst we are looking for them beneath the Arctic Circle, we hear that they have pierced into the opposite region of polar cold, that they are at the antipodes and engaged 20 under the frozen Serpent of the south. Falkland Island, which seemed too remote and romantic an object for the grasp of national ambition, is but a stage and resting- place in the progress of their victorious industry. Nor is the equinoctial heat more discouraging to them than 25 the accumulated winter of both the poles. We know that whilst some of them draw the line and strike the harpoon on the coast of Africa, others run the longitude and pursue their gigantic game along the coast of Brazil. No sea but what is vexed by their fisheries. No climate 30 that is not witness to their toils. Neither the persever- ance of Holland nor the activity of France nor the AlfERICAN FISHERIES. > 17 dexterous and firm sagacity of English enterprise ever carried this most perilous mode of hardy industry to the extent to which it has been pushed by this recent people a people who are still, as it were, but in the gristle, 5 and not yet hardened into the bone of manhood. When I contemplate these things ; when I know that the colonies in general owe little or nothing to any care of ours, and that they are not squeezed into this happy form by the constraints of watchful and suspicious govern - 10 ment, but that through a wise and salutary neglect a generous nature has been suffered to take her own way to perfection ; when I reflect upon these effects, when I see how profitable they have been to us, I feel all the pride of power sink, and all presumption in the wisdom of 15 human contrivances melt and die away within me. My rigor relents. I pardon something to the spirit of liberty. ^/. I am sensible, Sir, that all which I have asserted in my detail is admitted in the gross, but that quite a 20 different conclusion is drawn from it. America, gentle- men say, is a noble object ; it is an object well worth fighting for. Certainly it is, if fighting a people be the best way of gaining them. Gentlemen in this respect will be led to their choice of means by their complexions 25 and their habits. Those who understand the military art will of course have some predilection for it. Those who wield the thunder of the state may have more con- fidence in the efficacy of arms. But I confess, possibly for want of this knowledge, my opinion is much more in 30 favor of prudent management than of force, consider- ing force not as an odious, but a feeble, instrument for preserving a people so numerous, so active, so growing, 18 ON CONCILIATION WITH AMERICA. so spirited as this, in a profitable and subordinate con- nection with us. ^2. First, Sir, permit me to observe that the use of force alone is but temporary. It may subdue for a mo- ment, but it does not remove the necessity of subduing 5 again ; and a nation is not governed which is perpetually to be conquered. 33. My next objection is its uncertainty. Terror is not always the effect of force ; and an armament is not a victory. If you do not succeed, you are without re- 10 source : for conciliation failing, force remains ; but force failing, no further hope of reconciliation is left. Power and authority are sometimes bought by kindness; but they can never be begged as alms by an impoverished and defeated violence. 15 ^4. A further objection to force is that you impair the object by your very endeavors to preserve it. The thing you fought for is not the thing which you recover ; but depreciated, sunk, wasted and consumed in the contest. Nothing less will content me than whole America. I do 20 not choose to consume its strength along with our own; because in all parts it is the British strength that I con- sume. I do not choose to be caught by a foreign enemy at the end of this exhausting conflict ; and still less in the midst of it. I may escape ; but I can make no in- 25 surance against such an event. Let me add that I do not choose wholly to break the American spirit ; because it is the spirit that has made the country. 35. Lastly, we have no sort of experience in favor of force as an instrument in the rule of our colonies. Their 30 growth and their utility have been owing to methods al- together different. Our ancient indulgsnce has been said COLONIAL LOVE OF LIBERTY. 19 to be pursued to a fault. It may be so ; but we know, if feeling is evidence, that our fault was more tolerable than our attempt to mend it, and our sin far more salutary than our penitence. 5 36. These, Sir, are my reasons for not entertaining that high opinion of untried force, by which many gen- tlemen, for whose sentiments in other particulars I have great respect, seem to be so greatly captivated. But there is still behind a third consideration concerning this 10 object, which serves to determine my opinion on the sort of policy which ought to be pursued in the management of America, even more than its population and its com- merce : I mean its temper and character. 3J. In this character of the Americans a love of 15 freedom is the predominating feature which marks and distinguishes the whole : and as an ardent is always a jealous affection, your colonies become suspicious, restive and untractable, whenever they see the least attempt to wrest from them by force or shuffle from them by chicane 20 what they think the only advantage worth living for. This fierce spirit of liberty is stronger in the English colonies probably than in any other people of the earth ; and this from a great variety of powerful causes, which, to understand the true temper of their minds and the 25 direction which this spirit takes, it will not be amiss to lay open somewhat more largely. 38. First, the people of the colonies are descendants of Englishmen. England, Sir, is a nation which still, I hope, respects, and formerly adored, her freedom. The 30 colonists emigrated from you when this part of your char- acter was most predominant ; and they took this bias and direction the moment they parted from your hands. 20 ON CONCILIATION WITH AMERICA. They are therefore not only devoted to liberty, but to liberty according to English ideas and on English prin- ciples. Abstract liberty, like other mere abstractions, is not to be found. Liberty inheres in some sensible ob- ject ; and every nation has formed to itself some favorite 5 point, which by way of eminence becomes the criterion of their happiness. It happened, you know, Sir, that the great contests for freedom in this country were from the earliest times chiefly upon the question of taxing. Most of the contests in the ancient commonwealths turned ic primarily on the right of election of magistrates or on the balance among the several orders of the state. The question of money was not with them so immediate. But in England it was otherwise. On this point of taxes the ablest pens and most eloquent tongues have been exer- 15 cised, the greatest spirits have acted* and suffered. In order to give the fullest satisfaction concerning the im- portance of this point, it was not only necessary for those who in argument defended the excellence of the English' Constitution to insist on this privilege of granting money 20 as a dry point of fact, and to prove that the right had been acknowledged in ancient parchments and blind usages to reside in a certain body called a House of Com- mons. They went much further : they attempted to prove, and they succeeded, that in theory it ought to be 25 so, from the particular nature of the House of Commons as an immediate representative of the people, whether the old records had delivered this oracle or not. They took infinite pains to inculcate as a fundamental principle, that in all monarchies the people must in effect themselves, 30 mediately or immediately, possess the power of granting their own money, or no shadow of liberty could subsist. SELF-TAXATION THE ENGLISH TEST. 21 The colonies draw from you, as with their life-blood, these ideas and principles. Their love of liberty, as with you, fixed and attached on this specific point of taxing. Liberty might be safe or might be endangered in twenty 5 other particulars without their being much pleased or alarmed. Here they felt its pulse ; and as they found that beat, they thought themselves sick or sound. I do not say whether they were right or wrong in applying your general arguments to their own case. It is not 10 easy, indeed, to make a monopoly of theorems and corol- laries. The fact is that they did thus apply those general arguments ; and your mode of governing them, whether through lenity or indolence, through wisdom or mistake, confirmed them in the imagination that they, as well as 15 you, had an interest in these common principles. 39. They were further confirmed in this pleasing error by the form of their provincial legislative assem- blies. Their governments are popular in an high degree : some are merely popular ; in all the popular representa- 20 tive is the most weighty ; and this share of the people in their ordinary government never fails to inspire them with lofty sentiments and with a strong aversion from whatever tends to deprive them of their chief impor- tance. 25 40. If anything were wanting to this necessary operation of the form of government, religion would have given it a complete effect. Religion, always a principle of energy, in this new people is no way worn out or impaired ; and their mode of professing it is also 30 one main cause of this free spirit. The people are Protestants, and of that kind which is the most adverse to all implicit submission of mind and opinion. This is 23 ON CONCILIATION WITH AMERICA. a persuasion not only favorable to liberty, but built upon it. I do not think, Sir, that the reason of this averse- ness in the dissenting churches from all that looks like absolute government is so much to be sought in their re- ligious tenets as in their history. Every one knows that 5 the Roman Catholic religion is at least coeval with most of the governments where it prevails ; that it has gen- erally gone hand in hand with them, and received great favor and every kind of support from authority. The Church of England too was formed from her cradle 10 under the nursing care of regular government. But the dissenting interests have sprung up in direct opposition to all the ordinary powers of the world, and could justify that opposition only on a strong claim to natural liberty. Their very existence depended on the powerful and un- 15 remitted assertion of that claim. All Protestantism, even the most cold and passive, is a sort of dissent. But the religion most prevalent in our northern colonies is a re- finement on the principle of resistance : it is the dis- sidence of dissent and the Protestantism of the Protestant 20 religion. This religion, under a variety of denomina- tions agreeing in nothing but in the communion of the spirit of liberty, is predominant in most of the northern provinces, where the Church of England, notwithstand- ing its legal rights, is in reality no more than a sort of 25 private sect, not composing most probably the tenth of the people. The colonists left England when this spirit was high, and in the emigrants was the highest of all ; and even that stream of foreigners which has been con- stantly flowing into these colonies has, for the greatest 30 part, been composed of dissenters from the establishments of their several countries, and have brought with them a EFFECT OF SLAVE-HOLDING. 23 temper and character far from alien to that of the people with whom they mixed. 47. Sir, I can perceive by their manner that some gentlemen object to the latitude of this description, be- 5 cause in the southern colonies the Church of England forms a large body and has a regular establishment. It is certainly true. There is, however, a circumstance at- tending these colonies, which, in my opinion, fully counterbalances this difference and makes the spirit of 10 liberty still more high and haughty than in those to the northward. It is, that in Virginia and the Carolinas they have a vast multitude of slaves. Where this is the case in any part of the world, those who are free are by far the most proud and jealous of their freedom. Free- 15 dom is to them not only an enjoyment, but a kind of rank and privilege. Not seeing there that freedom, as in countries where it is a common blessing and as broad and general as the air, may be united with much abject toil, with great misery, with all the exterior of servitude, 20 liberty looks, amongst them, like something that is more noble and liberal. I do not mean, Sir, to commend the superior morality of this sentiment, which has at least as much pride as virtue in it ; but I cannot alter the nature of man. The fact is so ; and these people of the south- 25 ern colonies are much more strongly and with a higher and more stubborn spirit attached to liberty than those to the northward. Such were all the ancient common- wealths ; such were our Gothic ancestors ; such in our days were the Poles ; and such will be all masters of 30 slaves, who are not slaves themselves. In such a people the haughtiness of domination combines with the spirit of freedom, fortifies it, and renders it invincible. 24 ON CONCILIATION WITH AMERICA. ^2. Permit me, Sir, to add another circumstance in our colonies, which contributes no mean part towards the growth and effect of this untractable spirit : I mean their education. In no country perhaps in the world is the law so general a study. The profession itself is 5 numerous and powerful, and in most provinces it takes . the lead. The greater number of the deputies sent to the Congress were lawyers. But all who read (and most do read) endeavor to obtain some smattering in that science. I have been told by an eminent bookseller that 10 in no branch of his business, after tracts of popular devotion, were so many books as those on the law ex- ported to the plantations. The colonists have now fallen into the way of printing them for their own use. I hear that they have sold nearly as many of Blackstone's Com- 15 mentaries in America as in England. General Gage marks out this disposition very particularly in a letter on your table. He states that all the people in his govern- ment are lawyers or smatterers in law ; and that in Bos- ton they have been enabled by successful chicane wholly 20 to evade many parts of one of your capital penal con- stitutions. The smartness of debate will say that this knowledge ought to teach them more clearly the rights of legislature, their obligations to obedience and the penalties of rebellion. All this is mighty well. But my 25 honorable and learned friend on the floor, who con- descends to mark what I say for animadversion, will dis- dain that ground. He has heard, as well as I, that when great honors and great emoluments do not win over this knowledge to the service of the state, it is a formidable 30 adversary to government. If the spirit be not tamed and broken by these happy methods, it is stubborn and REMOTENESS FROM ENGLAND. 25 litigious. Abeunt studia in mores. This study renders men acute, inquisitive, dexterous, prompt in attack, ready in defence, full of resources. In other countries the people, more simple and of a less mercurial cast, judge of 5 an ill principle in government only by an actual griev- ance ; here they anticipate the evil and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance and snuff the approach of tyranny in every tainted breeze. 10 43. The last cause of this disobedient spirit in the colonies is hardly less powerful than the rest, as it is not merely moral, but laid deep in the natural constitution of things. Three thousand miles of ocean lie between you and them. No contrivance can prevent the effect of 15 this distance in weakening government. Seas roll and months pass between the order and the execution ; and the want of a speedy explanation of a single point is enough to defeat a whole system. You have, indeed, winged ministers of vengeance, who carry your bolts in 20 their pounces to the remotest verge of the sea. But . there a power steps in that limits the arrogance of "raging passions and furious elements, and says, ''So far shall thou go, and no farther." Who are you, that you should fret and rage, and bite the chains of Nature ?J( 25 Nothing worse happens to you than does to all nations who have extensive empire ; and it happens in all the forms into which empire can be thrown. In large bodies the circulation of power must be less vigorous at the ex- tremities. Nature has said it. The Turk cannot govern 30 Egypt and Arabia and Kurdistan as he governs Thrace ; nor has he the same dominion in Crimea and Algiers which he has at Brusa and Smyrna. Despotism itself is 26 UN CONCILIATION WITH AMERICA. obliged to truck and huckster. The sultan gets such obedience as he can. He governs with a loose rein, that he may govern at all ; and the whole of the force and vigor of his authority in his centre is derived from a prudent relaxation in all his borders. Spain, in her 5 provinces, is perhaps not so well obeyed as you are in yours. She complies too ; she submits ; she watches times. This is the immutable condition, the eternal law, of extensive and detached empire. 44. Then, Sir, from these six capital sources : of de- 10 scent, of form of government, of religion in the northern provinces, of manners in the southern, of education, of the remoteness of situation from the first mover of govern- ment, from all these causes a fierce spirit of liberty has grown up. It has grown with the growth of the people 15 in your colonies, and increased with the increase of their wealth : a spirit, that unhappily meeting with an exercise of power in England, which, however lawful, is not reconcilable to any ideas of liberty, much less with theirs, has kindled this flame that is ready to consume 20 us. 45. I do not mean to commend either the spirit in this excess or the moral causes which produce it. Perhaps a more smooth and accommodating spirit of freedom in them would be more acceptable to us. Perhaps ideas of 25 liberty might be desired more reconcilable with an arbitrary and boundless authority. Perhaps we might wish the colonists to be persuaded that their liberty is more secure when held in trust for them by us, as their guardians during a perpetual minority, than with any 30 part of it in their own hands. The question is not whether their spirit deserves praise or blame, but what, in WHAT SHALL BE DONE? 27 the name of God, shall we do with it ? You have be- fore you the object, such as it is, with all its glories, with all its imperfections on its head. You see the magni- tude, the importance, the temper, the habits, the dis- 5 orders. By all these considerations we are strongly urged to determine something concerning it. "We are called upon to fix some rule and line for our future con- duct, which may give a little stability to our politics and prevent the return of such unhappy deliberations as the 10 present. Every such return will bring the matter before us in a still more untractable form. For what astonish- ing and incredible things have we not seen already ! What monsters have not been generated from this unnat- ural contention ! Whilst every principle of authority and 15 resistance has been pushed, upon both sides, as far as it would go, there is nothing so solid and certain, either in reasoning or in practice, that has not been shaken. Until very lately all authority in America seemed to be rothing but an emanation from yours. Even the popular part of 20 the colony constitution derived all its activity, and its first vital movement, from the pleasure of the crown. We thought, Sir, that the utmost which the discontented colonists could do was to disturb authority; we never dreamt they could of themselves supply it, knowing in 25 general what an operose business it is to establish a gov- ernment absolutely new. But having for our purposes in this contention resolved that none but an obedient as- sembly should sit, the humors of the people there, finding all passage through the legal channel stopped, with great 30 violence broke out another way. Some provinces have tried their experiment, as we have tried ours ; and theirs has succeeded. They have formed a government sum- 38 ON CONCILIATION WITH AMERICA. cient fur its purposes, without the bustle of a revolution or the troublesome formality of an election. Evident necessity and tacit consent have done the business in an instant. So well they have done it, that Lord Dunmore (the account is among the fragments on your table) tells 5 you that the new institution is infinitely better obeyed than the ancient government ever was in its most fortu- nate periods. Obedience is what makes government, and not the names by which it is called : not the name of governor, as formerly; or committee, as at present. This ic new government has originated directly from the people, and was not transmitted through any of the ordinary artificial media of a positive constitution. It was not a manufacture ready formed, and transmitted to them in that condition from England. The evil arising from 15 hence is this : that the colonists having once found the possibility of enjoying the advantages of order in the midst of a struggle for liberty, such struggles will not henceforward seem so terrible to the settled and sober part of mankind, as they had appeared before the trial. 20 46. Pursuing the same plan of punishing by the denial of the exercise of government to still greater lengths, we wholly abrogated the ancient government of Massachusetts. We were confident that the first feeling, if not the very prospect of anarchy, would instantly en- 25 force a complete submission. The experiment was tried. A new, strange, unexpected face of things appeared. Anarchy is found tolerable. A vast province has now subsisted, and subsisted in a considerable degree of health and vigor, for near a twelvemonth, without 30 governor, without public council, without judges, without executive magistrates. How long it will continue in this EXPERIMENTS IMPERIL ENGLAND. 29 state, or what may arise out of this unheard-of situation, how can the wisest of us conjecture ? Our late experi- ence has taught us that many of those fundamental principles formerly believed infallible are either not of the 5 importance they were imagined to be, or that we have not at all adverted to some other far more important and far more powerful principles, which entirely overrule those we had considered as omnipotent. I am much against any further experiments which tend to put to the 10 proof any more of these allowed opinions which con- tribute so much to the public tranquillity. In effect, we suffer as much at home by this loosening of all ties and this concussion of all established opinions, as we do abroad. For, in order to prove that the Americans have 15 no right to their liberties, we are every day endeavoring to subvert the maxims which preserve the whole spirit of our own. To prove that Americans ought not to be free, we are obliged to depreciate the value of freedom itself; and we never seem to gain a paltry advantage over them 20 in debate, without attacking some of those principles, or deriding some of those feelings, for which our ancestors have shed their blood. 47. But, Sir, in wishing to put an end to pernicious experiments, I do not mean to preclude the fullest 25 inquiry. Far from it. Far from deciding on a sudden or partial view, I would patiently go round and round the subject, and survey it minutely in every possible aspect. Sir, if I were capable of engaging you to an equal attention, I would state that, as far as I am capable 30 of discerning, there are but three ways of proceeding relative to this stubborn spirit which prevails in your colonies and disturbs your government. These are : to 30 ON CONCILIATION WITH AMERICA. change that spirit as inconvenient, by removing the causes ; to prosecute it as criminal ; or to comply with it as necessary. I would not be guilty of an imperfect enumeration ; I can think of but these three. Another has indeed been started, that of giving up the colonies ; 5 but it met so slight a reception that I do not think myself obliged to dwell a great while upon it. It is nothing but a little sally of anger, like the frowardness of peevish children, who, when they cannot get all they would have, are resolved to take nothing. 10 48. The first of these plans, to change the spirit as inconvenient, by removing the causes, I think is the most like a systematic proceeding. It is radical in its principle; but it is attended with great difficulties, some of them little short, as I conceive, of impossibilities. 15 This will appear by examining into the plans which have been proposed. 49. As the growing population in the colonies is evidently one cause of their resistance, it was last session mentioned in both Houses by men of weight, and 20 received not without applause, that in order to check this evil, it would be proper for the crown to make no further grants of land. But to this scheme there are two objections. The first, that there is already so much unsettled land in private hands as to afford room for an 25 immense future population, although the crown not only withheld its grants, but annihilated its soil. If this be the case, then the only effect of this avarice of desolation, this hoarding of a royal wilderness, would be to raise the value of the possessions in the hands of the great private 30 monopolists, without any adequate check to the growing and alarming mischief of population. NATURE PLEADS FOR FREEDOM. 31 50. But if you stopped your grants, what would be the consequence? The people would occupy without grants. They have already so occupied in many places. You cannot station garrisons in every part of these deserts. If you drive the people from one place, they will carry on their annual tillage and remove with their flocks and herds to another. Many of the people in the back settlements are already little attached to particular situations. Already they have topped the Appalachian 10 Mountains. From thence they behold before them an immense plain, one vast, rich, level meadow ; a square of five hundred miles. Over this they would wander without a possibility of restraint ; they would change their manners with the habits of their life ; would soon 15 forget a government by which they were disowned ; would become hordes of English Tartars, and pouring down upon .your unfortified frontiers a fierce and irre- sistible cavalry, become masters of your governors and your counsellors, your collectors and comptrollers, and 20 of all the slaves that adhered to them. Such would, and in no long time must, be the effect of attempting to for- bid as a crime, and to suppress as an evil, the command and blessing of Providence, "Increase and multiply." Such would be the happy result of an endeavor to keep 25 as a lair of wild beasts that earth which God, by an express charter, has given to the children of men. Far different and surely much wiser has been our policy hitherto. Hitherto we have invited our people, by every kind of bounty, to fixed establishments. We have 30 invited the husbandman to look to authority for his title. We have taught him piously to believe in the mysterious virtue of wax and parchment. We have thrown each 32 ON CONCILIATION WITH AMERICA. tract of land, as it was peopled, into districts, that the ruling power should never be wholly out of sight. We have settled all we could ; and we have carefully attended every settlement with government. 57. Adhering, Sir, as I do, to this policy, as well as S for the reasons I have just given, I think this new pro- ject of hedging-in population to be neither prudent nor practicable. 52. To impoverish the colonies in general, and in particular to arrest the noble course of their marine itt enterprises, would be a more easy task. I freely confess it. We have shown a disposition to a system of this kind, a disposition even to continue the restraint after the offence, looking on ourselves as rivals to our colonies, and persuaded that of course we must gain all that they 15 shall lose. Much mischief we may certainly do. The power inadequate to all other things is often more than sufficient for this. I do not look on the direct and immediate power of the colonies to resist our violence as very formidable. In this, however, I may be mistaken. 20 But when I consider that we have colonies for no pur- pose but to be serviceable to us, it seems to my poor understanding a little preposterous to make them un- serviceable in order to keep them obedient. It is, in truth, nothing more than the old and, as I thought, ex- 25 ploded problem of tyranny, which proposes to beggar its subjects into submission. But remember, when you have completed your system of impoverishment, that Nature still proceeds in her ordinary course ; that discontent will increase with misery ; and that there are critical 30 moments in the fortune of all states, when they who are too weak to contribute to your prosperity may be CAN THEIR SPIRIT BE CHANGED ? 33 strong enough to complete your ruin. Spoliatis arma supersunt. 5J. The temper and character which prevail in our colonies are, I am afraid, unalterable by any human art. We cannot, I fear, falsify the pedigree of this fierce peo- ple and persuade them that they are not sprung from a nation in whose veins the blood of freedom circulates. The language in which they would hear you tell them this tale would detect the imposition ; your speech would 10 betray you. An Englishman is the unfittest person on earth to argue another Englishman into slavery. 54. I think it is nearly as little in our power to change their republican religion as their free descent, or to sub- stitute the Roman Catholic as a penalty, or the Church 15 of England as an improvement. The mode of inquisi- tion and dragooning is going out of fashion in the Old World ; and I should not confide much to their efficacy in the New. The education of the Americans is also on the same unalterable bottom with their religion. You 20 cannot persuade them to burn their books of curious science ; to banish their lawyers from their courts of laws ; or to quench the lights of their assemblies by re- fusing to choose those persons who are best read in their privileges. It would be no less impracticable to think 25 of wholly annihilating the popular assemblies in which these lawyers sit. The army, by which we must govern in their place, would be far more chargeable to us ; not quite so effectual ; and perhaps in the end full as difficult to be kept in obedience. 30 55. With regard to the high aristocratic spirit of Virginia and the southern colonies, it has been proposed, I know, to reduce it by declaring a general enfranchise- 34 ON CONCILIATION WITH AMERICA. ment of their slaves. This project has had its advo- cates and panegyrists ; yet I never could argue myself into any opinion of it. Slaves are often much attached to their masters. A general wild offer of liberty would not always be accepted. History furnishes few instances of it. It is sometimes as hard to persuade slaves to be free as it is to compel freemen to be slaves ; and in this auspicious scheme we should have both these pleasing tasks on our hands at once. But when we talk of en- franchisement, do we not perceive that the American 10 master may enfranchise too, and arm servile hands in defence of freedom ? a measure to which other people have had recourse more than once, and not without suc- cess, in a desperate situation of their affairs. 56. Slaves as these unfortunate black people are, and 15 dull as all men are from slavery, must they not a little suspect the offer of freedom from that very nation which has sold them to their present masters? from that nation, one of whose causes of quarrel with those masters is their refusal to deal anymore in that inhuman traffic? An 20 offer of freedom from England would come rather oddly, shipped to them in an African vessel, which is refused an entry into the ports of Virginia or Carolina, with a cargo of three hundred Angola negroes. It would be curious to see the Guinea captain attempting at the same instant 25 to publish his proclamation of liberty and to advertise his sale of slaves. 57. But let us suppose all these moral difficulties got over. The ocean remains. You cannot pump this dry ; and as long as it continues in its present bed, so long all 30 the causes which weaken authority by distance will con- tinue. CAN IT BE PROSECUTED AS CRIMINAL ? 35 Ye gods, annihilate but space and time, And make two lovers happy ! was a pious and passionate prayer, but just as reasonable as many of the serious wishes of very grave and solemn politicians. 58. If then, Sir, it seems almost desperate to think of any alterative course for changing the moral causes (and not quite easy to remove the natural) which pro- duce prejudices irreconcilable to the late exercise of our 10 authority, but that the spirit infallibly will continue ; and continuing, will produce such effects as now embarrass us, the second mode under consideration is to prosecute that spirit in its overt acts as criminal. 59. At this proposition I must pause a moment. The 15 thing seems a great deal too big for my ideas of juris- prudence. It should seem to my way of conceiving such matters, that there is a very wide difference in reason and policy between the mode of proceeding on the irregular conduct of scattered individuals, or even of bands of 20 men, who disturb order within the state, and the civil dissensions which may, from time to time, on great ques- tions, agitate the several communities which compose a great empire. It looks to me to be narrow and pedantic to apply the ordinary ideas of criminal justice to this 25 great public contest. I do not know the method of drawing up an indictment against a whole people. I cannot insult and ridicule the feelings of millions of my fellow-creatures, as Sir Edward Coke insulted one ex- cellent individual (Sir Walter Raleigh) at the bar. J am 30 not ripe to pass sentence on the gravest public bodies, entrusted with magistracies of great authority and dig- nity, and charged with the safety of their fellow-citizens, 36 ON CONCILIATION WITH AMERICA. upon the very same title that I am. I really think that for wise men this is not judicious; for sober men, not decent ; for minds tinctured with humanity, not mild and merciful. 60. Perhaps, Sir, I am mistaken in my idea of an 5 empire as distinguished from a single state or kingdom. But my idea of it is this : that an empire is the aggregate of many states under one common head, whether this head be a monarch or a presiding republic. It does in such constitutions frequently happen (and nothing but 10 the dismal, cold, dead uniformity of servitude can pre- vent its happening) that the subordinate parts have many local privileges and immunities. Between these privi- leges and the supreme common authority the line may be extremely nice. Of course disputes often, too, very 15 bitter disputes and much ill blood will arise. But though every privilege is an exemption (in the case) from the ordinary exercise of the supreme authority, it is no denial of it. The claim of a privilege seems rather, ex vi termini, to imply a superior power ; for to talk of the 20 privileges of a state or of a person who has no superior, is hardly any better than speaking nonsense. Now in such unfortunate quarrels among the component parts of a great political union of communities, I can scarcely conceive anything more completely imprudent than for 25 the head of the empire to insist that, if any privilege is pleaded against his will or his acts, [that] his whole au- thority is denied ; instantly to proclaim rebellion, to beat to arms, and to put the offending provinces under the ban. Will not this, Sir, very soon teach the provinces 30 to make no distinctions on their part ? Will it not teach them that the government against which a claim of lib- PERILS OF CRIMINAL PROSECUTION. 37 erty is tantamount to high treason is a government to which submission is equivalent to slavery ? It may not always be quite convenient to impress dependent com- munities with such an idea. 61. We are, indeed, in all disputes with the colonies, by the necessity of things, the judge. It is true, Sir. But I confess that the character of judge in my own cause is a thing that frightens me. Instead of filUng me with pride, I am exceedingly humbled by it. I cannot 10 proceed with a stern, assured, judicial confidence, until I find myself in something more like a judicial character. I must have these hesitations as long as I am compelled to recollect that, in my little reading upon such contests as these, the sense of mankind has at least as often de- cided against the superior as the subordinate power. Sir, let me add, too, that the opinion of my having some abstract right in my favor would not put me much at my ease in passing sentence, unless I could be sure that there were no rights which, in their exercise under certain cir- 20 cumstances, were not the most odious of ail wrongs and the most vexatious of all injustice. Sir, these considera- tions have great weight with me, when I find things so circumstanced, that I see the same party at once a civil litigant against me in point of right and a culprit before 25 me, while I sit as a criminal judge on acts of his, whose moral quality is to be decided upon the merits of that very litigation. Men are every now and then put, by the complexity of human affairs, into strange situations ; but justice is the same, let the judge be in what situation jo he will. 62. There is, Sir, also a circumstance which con- vinces me that this mode of criminal proceeding is not 80122 38 ON CONCILIATION WITH AMERICA. (at least in the present stage of our contest) altogether expedient, which is nothing less than the conduct of those very persons who have seemed to adopt that mode, by lately declaring a rebellion in Massachusetts Bay, as they had formerly addressed to have traitors brought 5 hither, under an act of Henry the Eighth, for trial. For though rebellion is declared, it is not proceeded against as such ; nor have any steps been taken towards the ap- prehension or conviction of any individual offender, either on our late or our former address ; but modes of 10 public coercion have been adopted, and such as have much more resemblance to a sort of qualified hostility towards an independent power than the punishment of rebellious subjects. All this seems rather inconsistent ; but it shows how difficult it is to apply these juridical 15 ideas to our present case. 6j. In this situation, let us seriously and coolly ponder. What is it we have got by all our menaces, which have been many and ferocious? What advantage have we derived from the penal laws we have passed, 20 and which, for the time, have been severe and numerous ? What advances have we made towards our object, by the sending of a force which, by land and sea, is no contemptible strength? Has the disorder abated? Nothing less. When I see things in this situation, after 25 such confident hopes, bold promises and active exertions, I cannot for my life avoid a suspicion that the plan itself is not correctly right. 64. If, then, the removal of the causes of this spirit of American liberty be for the greater part, or rather 30 entirely, impracticable ; if the ideas of criminal process be inapplicable, or if applicable, are in the highest de- ENGLAND'S RIGHT TO TAX. 39 gree inexpedient ; what way yet remains ? No way is open but the third and last, to comply with the Ameri- can spirit as necessary ; or, if you please, to submit to it as a necessary evil. 65. If we adopt this mode, if we mean to conciliate and concede, let us see of what nature the concession ought to be. To ascertain the nature of our concession, we must look at their complaint. The colonies complain that they have not the characteristic mark and seal of 10 British freedom. They complain that they are taxed in a Parliament in which they are not represented. If you mean to satisfy them at all, you must satisfy them with regard to this complaint. If you mean to please any people, you must give them the boon which they ask, 15 not what you may think better for them, but of a kind totally different. Such an act may be a wise regulation, but it is no concession ; whereas our present theme is the mode of giving satisfaction. 66. Sir, I think you must perceive that I am resolved 20 this day to have nothing at all to do with the question of the right of taxation. Some gentlemen startle, but it is true; I put it totally out of the question. It is less than nothing in my consideration. I do not indeed won- der, nor will you, Sir, that gentlemen of profound learn- 25 ing are fond of displaying it on this profound subject. But my consideration is narrow, confined, and wholly limited to the policy of the question. I do not examine whether the giving away a man's money be a power ex- cepted and reserved out of the general trust of govern- 30 ment ; and how far all mankind, in all forms of polity, are entitled to an exercise of that right by the charter of Nature ; or whether, on the contrary, a right of taxation 40 ON CONCILIATION WITH AMERICA. is necessarily involved in the general principle of legisla- tion and . inseparable from the ordinary supreme power. These are deep questions, where great names militate against each other ; where reason is perplexed ; and an appeal to authorities only thickens the confusion : for high 5 and reverend authorities lift up their heads on both sides ; and there is no sure footing in the middle. This point is the great Serbonian bog, Betwixt Damiata and Mount Casius old, | O Where armies whole have sunk. I do not intend to be overwhelmed in that bog, though in such respectable company. The question with me is, not whether you have a right to render your people mis- erable, but whether it is not your interest to make them 15 happy. It is not what a lawyer tells me I may do, but what humanity, reason and justice tell me I ought to do. Is a politic act the worse for being a generous one ? Is no concession proper but that which is made from your want of right to keep what you grant? Or does it lessen 20 the grace or dignity of relaxing in the exercise of an odious claim, because you have your evidence-room full of titles and your magazines stuffed with arms to enforce them? What signify all those titles and all those arms? Of what avail are they, when the reason of the thing 25 tells me that the assertion of my title is the loss of my suit; and that I could do nothing but wound myself by the use of my own weapons ? 67. Such is steadfastly my opinion of the absolute necessity of keeping up the concord of this empire by a 30 unity of spirit, though in a diversity of operations, that EXTEND CONSTITUTIONAL PRIVILEGES. 41 if I were sure the colonists had at their leaving this country sealed a regular compact of servitude, that they had solemnly abjured all the rights of citizens, that they had made a vow to renounce all ideas of liberty for 5 them and their posterity to all generations ; yet I should hold myself obliged to conform to the temper I found universally prevalent in my own day, and to govern two million of men, impatient of servitude, on the principles of freedom. I am not determining a point of law, I am 10 restoring tranquillity; and the general character and situation of a people must determine what sort of govern- ment is fitted for them. That point nothing else can or ought to determine. 68. My idea, therefore, without considering whether 15 we yield as matter of right or grant as matter of favor, is to admit the people of our colonies into an interest in the Constitution; and by recording that admission in the journals of Parliament, to give them as strong an assur- ance as the nature of the thing will admit, that we mean 20 forever to adhere to that solemn declaration of systematic indulgence. 69. Some years ago, the repeal of a revenue act, upon its understood principle, might have served to show that we intended an unconditional abatement of the ex- 25 ercise of a taxing power. Such a measure was then sufficient to remove all suspicion and to give perfect con- tent. But unfortunate events since that time may make something further necessary ; and not more necessary for the satisfaction of the colonies than for the dignity and 30 consistency of our own future proceedings. 70. I have taken a very incorrect measure of the dis- position of the House, if this proposal in itself would be 43 ON CONCILIATION WITH AMERICA. received with dislike. I think, Sir, we have few Ameri- can financiers. But our misfortune is, we are too acute ; we are too exquisite in our conjectures of the future, for men oppressed with such great and present evils. The more moderate among the opposers of parliamen- 5 tary concession freely confess that they hope no good from taxation ; but they apprehend the colonists have further views, and if this point were conceded, they would instantly attack the trade laws. These gentlemen are convinced that this was the intention from the be- 10 ginning, and the quarrel of the Americans with taxation was no more than a cloak and cover to this design. Such has been the language, even of a gentleman of real moderation and of a natural temper well adjusted to fair and equal government. I am, however, Sir, not a little 15 surprised at this kind of discourse whenever I hear it ; and I am the more surprised on account of the argu- ments which I constantly find in company with it, and which are often urged from the same mouths and on the same day. 20 77. For instance, when we allege that it is against rea- son to tax a people under so many restraints in trade as the Americans, the noble lord in the blue ribbon shall tell you that the restraints on trade are futile and useless, of no advantage to us, and of no burden to those on whom 25 they are imposed ; that the trade to America is not se- cured by the Acts of Navigation, but by the natural and irresistible advantage of a commercial preference. 72. Such is the merit of the trade laws in this posture of the debate. But when strong internal circumstances 30 are urged against the taxes ; when the scheme is dissected ; when experience and the nature of things are brought to TRADE-LA WS ENDANGERED. 43 prove, and do prove, the utter impossibility of obtaining an effective revenue from the colonies ; when these things are pressed, or rather press themselves, so as to drive the advocates of colony taxes to a clear admission 5 of the futility of the scheme; then, Sir, the sleeping trade laws revive from their trance, and this useless taxa- tion is to be kept sacred, not for its own sake, but as a counterguard and security of the laws of trade. 7^. Then, Sir, you keep up revenue laws which are 10 mischievous in order to preserve trade laws that are use- less. Such is the wisdom of our plan in both its mem- bers. They are separately given up as of no value ; and yet one is always to be defended for the sake of the other. But I cannot agree with the noble lord nor with 15 the pamphlet from whence he seems to have borrowed these ideas concerning the inutility of the trade laws; for without idolizing them, I am sure they are still in many ways of great use to us, and in former times they have been of the greatest. They do confine, and they 20 do greatly narrow, the market for the Americans. But my perfect conviction of this does not help me in the least to discern how the revenue laws form any security whatsoever to the commercial regulations; or that these commercial regulations are the true ground of the 25 quarrel ; or that the giving way in any one instance of authority is to lose all that may remain unconceded. 74. One fact is clear and indisputable : the public and avowed origin of this quarrel was on taxation. This quarrel has indeed brought on new disputes on new 30 questions ; but certainly the least bitter and the fewest of all on the trade laws. To judge which of the two be the real, radical cause of quarrel, we have to see whether 44 ON CONCILIATION WITH AMERICA. the commercial dispute did, in order of time, precede the dispute on taxation ? There is not a shadow of evidence for it. Next, to enable us to judge whether at this moment a dislike to the trade laws be the real cause of quarrel, it is absolutely necessary to put the taxes out 5 of the question by a repeal. See how the Americans act in this position, and then you will be able to discern correctly what is the true object of the controversy, or whether any controversy at all will remain. Unless you consent to remove this cause of difference, it is impos- 10 sible with decency to assert that the dispute is not upon what it is avowed to be. And I would, Sir, recommend to your serious consideration, whether it be prudent to form a rule for punishing people, not on their own acts, but on your conjectures. Surely it is preposterous at the 15 very best. It is not justifying your anger by their mis- conduct, but it is converting your ill-will into their delinquency. 75. But the colonies will go further. Alas ! alas ! when will this speculating against fact and reason end ? 20 What will quiet these panic fears which we entertain of the hostile effect of a conciliatory conduct ? Is it true that no case can exist in which it is proper for the sover- eign to accede to the desires of his discontented subjects? Is there anything peculiar in this case to make a rule for 25 itself? Is all authority of course lost, when it is not pushed to the extreme ? Is it a certain maxim that the fewer causes of dissatisfaction are left by government, the more the subject will be inclined to resist and rebel ? 76. All these objections being in fact no more than 30 suspicions, conjectures, divinations, formed in defiance of fact and experience, they did not, Sir, discourage me ENGLISH HISTORY THE GUIDE. 45 from entertaining the idea of a conciliatory concession, founded on the principles which I have just stated. 77. In forming a plan for this purpose, I endeavored to put myself in that frame of mind which was the most 5 natural and the most reasonable, and which was certainly the most probable means of securing me from all error. I set out with a perfect distrust of my own abilities, a total renunciation of every speculation of my own ; and with a profound reverence for the wisdom of our an- 10 cestors, who have left us the inheritance of so happy a constitution and so flourishing an empire, and, what is a thousand times more valuable, the treasury of the max- ims and principles which formed the one and obtained the other. 15 7$. During the reigns of the kings of Spain of the Austrian family, whenever they were at a loss in the Spanish councils, it was common for their statesmen to say that they ought to consult the genius of Philip the Second. The genius of Philip the Second might mislead 20 them ; and the issue of their affairs showed that they had not chosen the most perfect standard. But, Sir, I am sure that I shall not be misled, when in a case of consti- tutional difficulty I consult the genius of the English Constitution. Consulting at that oracle (it was with all 25 due humility and piety), I found four capital examples in a similar case before me : those of Ireland, Wales, Chester and Durham. 79. Ireland before the English conquest, though never governed by a despotic power, had no Par- 30 liament. How far the English Parliament itself was at that time modelled according to the present form is disputed among antiquarians. But we have all the 46 ON CONCILIATION WITH AMERICA. reason in the world to be assured that a form of Parlia- ment such as England then enjoyed she instantly com- municated to Ireland ; and we are equally sure that almost every successive improvement in constitutional liberty, as fast as it was made here, was transmitted thither. The ; feudal baronage and the feudal knighthood, the roots of our primitive constitution, were early transplanted into that soil, and grew and flourished there. Magna Charta, if it did not give us originally the House of Commons, gave us at least a House of Commons of weight and 10 consequence. But your ancestors did not churlishly sit down alone to the feast of Magna Charta. Ireland \vas made immediately a partaker. This benefit of English laws and liberties, I confess, was not at first extended to all Ireland. Mark the consequence. English authority 15 and English liberties had exactly the same boundaries. Your standard could never be advanced an inch before your privileges. Sir John Davies shows beyond a doubt that the refusal of a general communication of these rights was the true cause why Ireland was five hundred 20 years in subduing ; and after the vain projects of a mili- tary government, attempted in the reign of Queen Eliza- beth, it was soon discovered that nothing could make that country English in civility and allegiance, but your laws and your forms of legislature. It was not English arms, 25 but the English Constitution, that conquered Ireland. From that time Ireland has ever had a general Parlia- ment, as she had before a partial Parliament. You changed the people, you altered the religion, but you never touched the form or the vital substance of free gov- 30 ernment in that kingdom. You deposed kings ; you restored them ; you altered the succession to theirs as IRELAND AND WALES. 47 well as to your own crown ; but you never altered their constitution, the principle of which was respected by usurpation, restored with the restoration of monarchy, and established, I trust, forever by the glorious Revolu- 5 tion. This has made Ireland the great and flourishing kingdom that it is ; and from a disgrace and a burden intolerable to this nation, has rendered her a principal part of her strength and ornament. This country cannot be said to have ever formally taxed her. The irregular 10 things done in the confusion of mighty troubles and on the hinge of great revolutions, even if all were done that is said to have been done, form no example. If they have any effect in argument, they make an exception to prove the rule. None of your own liberties could stand 15 a moment, if the casual deviations from them at such times were suffered to be used as proofs of their nullity. By the lucrative amount of such casual breaches in the Constitution, judge what the stated and fixed rule of sup- ply has been in that kingdom. Your Irish pensioners 20 would starve, if they had no other fund to live on than taxes granted by English authority. Turn your eyes to those popular grants from whence all your great supplies are come, and learn to respect that only source of public wealth in the British Empire. 25 Bo. My next example is Wales. This country was said to be reduced by Henry the Third. It was said more truly to be so by Edward the First. But though then conquered, it was not looked upon as any part of the realm of England. Its old constitution, whatever that 30 might have been, was destroyed, and no good one was substituted in its place. The care of that tract was put into the hands of Lords Marchers, a form of govern- 48 ON CONCILIATION WITH AMERICA. ment of a very singular kind, a strange, heterogeneous monster, something between hostility and government ; perhaps it has a sort of resemblance, according to the modes of those times, to that of commander-in-chief at present, to whom all civil power is granted as secondary. 5 The manners of the Welsh nation followed the genius of the government : the people were ferocious, restive, savage, and uncultivated, sometimes composed, never pacified. Wales, within itself, was in perpetual disorder ; and it kept the frontier ol England in perpetual alarm. 10 Benefits from it to the state there were none. Wales was only known to England by incursion and invasion. Si. Sir, during that state of things Parliament was not idle. They attempted to subdue the fierce spirit of the Welsh by all sorts of rigorous laws. They pro- 15 hibited by statute the sending all sorts of arms into Wales, as you prohibit by proclamation (with something more of doubt on the legality) the sending arms to America. They disarmed the Welsh by statute, as you attempted (but still with more question on the legality) 20 to disarm New England by an instruction. They made an act to drag offenders from Wales into England for trial, as you have done (but with more hardship) with regard to America. By another act, where one of the parties was an Englishman, they ordained that his trial 25 should be always by English. They made acts to restrain trade, as you do ; and they prevented the Welsh from the use of fairs and markets, as you do the Americans from fisheries and foreign ports. In short, when the statute- book was not quite so much swelled as it is now, you find 30 no less than fifteen acts of penal regulation on the sub- ject of Wales. LIBERTY BEGETS OBEDIENCE. 49 82. Here we rub our hands A fine body of prece- dents for the authority of Parliament and the use of it ! I admit it fully ; and pray add likewise to these prece- dents, that all the while Wales rid this kingdom like an 5 incubus ; that it was an unprofitable and oppressive bur- den; and that an Englishman travelling in that country could not go six yards from the high-road without being murdered. 8}. The march of the human mind is slow. Sir, it io was not until after two hundred years discovered that by an eternal law Providence had decreed vexation to vio- lence, and poverty to rapine. Your ancestors did, how- ever, at length open their eyes to the ill-husbandry of injustice. They found that the tyranny of a free people 15 could of all tyrannies the least be endured; and that laws made against an whole nation were not the most effectual methods for securing its obedience. Accord- ingly, in the twenty-seventh year of Henry the Eighth, the course was entirely altered. With a preamble stat- 20 ing the entire and perfect rights of the crown of Eng- land, it gave to the Welsh all the rights and privileges of English subjects. A political order was established ; the military power gave way to the civil ; the marches were turned into counties. But that a nation should have a 25 right to English liberties, and yet no share at all in the fundamental security of these liberties, the grant of their own property, seemed a thing so incongruous that eight years after, that is, in the thirty-fifth of that reign, a complete and not ill-proportioned representa- 30 tion by counties and boroughs was bestowed upon Wales by act of Parliament. From that moment, as by a charm, the tumults subsided; obedience was restored; 50 ON CONCILIATION WITH AMERICA. peace, order and civilization followed in the train of liberty. When the day-star of the English Constitution had arisen in their hearts, all was harmony within and without : Simul alba nautis 5 Stella refulsit, Defluit saxis agitatus humor; Concidunt venti, fugiuntque nubes, Et minax (quod sic voluere) ponto Unda recumbit. io 84. The very same year the County Palatine of Chester received the same relief from its oppressions and the same remedy to its disorders. Before this time Chester was little less distempered than Wales. The in- habitants, without rights themselves, were the fittest to '5 destroy the rights of others ; and from thence Richard the Second drew the standing army of archers with which for a time he oppressed England. The people of Chester applied to Parliament in a petition penned as I shall read to you : 20 To the Kin^ our Sovereign Lord, in most humble wiseshewen unto your most excellent Majesty the inhabitants of your Grace's County Palatine of Chester: (I) That where the said County Palatine of Chester is and hath been always hitherto exempt, ex- cluded and separated out and from your high court of Parliament, 25 to have any knights and burgesses within the said court; by reason whereof the said inhabitants have hitherto sustained manifold dis- herisons, losses and damages, as well in their lands, goods and bodies, as in the good, civil and politic governance and maintenance of the commonwealth of their said country. (2) And forasmuch 30 as the said inhabitants have always hitherto been bound by the acts and statutes made and ordained by your said Highness and CHESTER AND DURHAM. 51 your most noble progenitors, by authority of the said court, as fai forth as other counties, cities and boroughs have been, that have had their knights and burgesses within your said court of Parlia- ment, and yet have had neither knight ne burgess there for the said c County Palatine ; the said inhabitants, for lack thereof, have been oftentimes touched and grieved with acts and statutes made within the said court, as well derogatory unto the most ancient jurisdic- tions, liberties and privileges of your said County Palatine, as preju- dicial unto the commonwealth, quietness, rest and peace of your lo Grace's most bounden subjects inhabiting within the same. #5. What did Parliament with this audacious ad- dress ? Reject it as a libel ? Treat it as an affront to government ? Spurn it as a derogation from the rights of legislature? Did they toss it over the table? Did 15 they burn it by the hands of the common hangman? They took the petition of grievance, all rugged as it was, without softening or temperament, unpurged of the origi- nal bitterness and indignation of complaint ; they made it the very preamble to their act of redress, and conse- 20 crated its principle to all ages in the sanctuary of legis- lation. 86. Here is my third example. It was attended with the success of the two former. Chester, civilized as well as Wales, has demonstrated that freedom, and not servi- 25 tude, is the cure for anarchy; as religion, and not athe- ism, is the true remedy for superstition. Sir, this pattern of Chester was followed in the reign of Charles the Sec- ond with regard to the County Palatine of Durham, which is my fourth example. This county had long lain 30 out of the pale of free legislation. So scrupulously was the example of Chester followed, that the style of the preamble is nearly the same with that of the Chester act; 52 ON CONCILIATION WITH AMERICA. and without affecting the abstract extent of the authority of Parliament, it recognizes the equity of not suffering any considerable district in which the British subjects may act as a body, to be taxed without their own voice in the grant. 5 Sj. Now if the doctrines of policy contained in these preambles and the force of these examples in the acts of Parliaments avail anything, what can be said against applying them with regard to America ? Are not the people of America as much Englishmen as the Welsh ? 10 The preamble of the act of Henry the Eighth says the Welsh speak a language no way resembling that of his Majesty's English subjects. Are the Americans not as numerous? If we may trust the learned and accurate Judge Barrington's account of North Wales, and take 15 that as a standard to measure the rest, there is no com- parison. The people cannot amount to above 200,000, not a tenth part of the number in the colonies. Is America in rebellion ? Wales was hardly ever free from it. Have you attempted to govern America by penal statutes? 20 You made fifteen for Wales. But your legislative au- thority is perfect with regard to America. Was it less perfect in Wales, Chester, and Durham ? But America is virtually represented. What ! does the electric force of virtual representation more easily pass over the Atlantic 25 than pervade Wales, which lies in your neighborhood? or than Chester and Durham, surrounded by abundance of representation that is actual and palpable ? But, Sir, your ancestors thought this sort of virtual representation, however ample, to be totally insufficient for the freedom 30 of the inhabitants of territories that are so near and com- paratively so inconsiderable. How then can I think it KEFAESE.\ TA T1ON JMI'RA CTI CABLE. 53 sufficient for those which are infinitely greater and in* finitely more remote? 88. You v, ill now, Sir, perhaps imagine that I am on the point of proposing to you a scheme for a representa- 5 tion of the colonies in Parliament. Perhaps I might be inclined to entertain some such thought; but a great flood stops me in my course. Opposnit natura I can- not remove the eternal barriers of the creation. The thing, in that mode, I do not know to be possible. As 10 I meddle with no theory, I do not absolutely assert the impracticability of such a representation : but I do not see my way to it ; and those who have been more confi- dent have not been more successful. However, the arm of public benevolence is not shortened, and there are 15 often several means to the same end. What Nature has disjoined in one way Wisdom may unite in another. When we cannot give the benefit as we would wish, let us not refuse it altogether. If we cannot give the prin- cipal, let us find a substitute. But how ? Where ? What 20 substitute? 89. Fortunately I am not obliged for the ways and means of this substitute to tax my own unproductive in- vention. I am not even obliged to go to the rich treas- ury of the fertile framers of imaginary commonwealths, 25 not to the Republic of Plato, not to the Utopia of More, not to the Oceana of Harrington. It is before me; it is at my feet, And the rude swain Treads daily on it with his clouted shoon. 3 I only wish you to recognize, for the theory, the an- cient constitutional policy of this kingdom with regard 54 ON CONCILIATION WITH AMERICA. to representation, as that policy has been declared in acts of Parliament ; and as to the practice, to return to that mode which a uniform experience has marked out to you as best, and in which you walked with security, advan- tage and honor, until the year 1763. 5 po. My resolutions therefore mean to establish the equity and justice of a taxation of America by grant, and not by imposition ; to mark the legal competency of the colony assemblies for the support of their government in peace and for public aids in time of war ; to acknowl- 10 edge that this legal competency has had a dutiful and beneficial exercise ; and that experience has shown the benefit of their grants and the futility of parliamentary taxation as a method of supply. 91. These solid truths compose six fundamental 15 propositions. There are three more resolutions corollary to these. If you admit the first set, you can hardly re- ject the others. But if you admit the first, I shall be far from solicitous whether you accept or refuse the last. I think these six massive pillars will be of strength suffi- 20 cient to support the temple of British concord. I have no more doubt than I entertain of my existence that, if you admitted these, you would command an immediate peace and, with but tolerable future management, a last- ing obedience in America. I am not arrogant in 25 this confident assurance. The propositions are all mere matters of fact ; and if they are such facts as draw irresistible conclusions even in the stating, this is the power of truth, and not any management of mine. 30 p.2. Sir, I shall open the whole plan to you, together with such observations on the motions as may tend to TWO RESOLUTIONS, 55 illustrate them where they may want explanation. The first is a resolution, That the colonies and plantations of Great Britain in North America, consisting of fourteen separate governments, and con- e taining two millions and upwards of free inhabitants, have not had the liberty and privilege of electing and sending any knights and burgesses, or others, to represent them in the high court of Parliament. This is a plain matter of fact, necessary to be laid down, 10 and (excepting the description) it is laid down in the language of the constitution ; it is taken nearly verbatim from acts of Parliament. 93. The second is like unto the first, That the said colonies and plantations have been liable to, and bounden by, several subsidies, payments, rates and taxes, given and granted by Parliament, though the said colonies and planta- tions have not their knights and burgesses in the said high court of Parliament, of their own election, to represent the condition oi their country ; by lack whereof they have been oftentimes touched 20 and grieved by subsidies given, granted and assented to, in the said court, in a manner prejudicial to the commonwealth, quiet- ness, rest and peace of the subjects inhabiting within the same. 94. Is this description too hot or too cold, too strong or too weak ? Does it arrogate too much to the supreme 25 legislature ? Does it lean too much to the claims of the people ? If it runs into any of these errors, the fault is not mine. It is the language of your own ancient acts of Parliament : Non meus hie sermo, sed quae praecepit Ofellus, 30 Rusticus, abnormis sapiens. It is the genuine produce of the ancient, rustic, manly, 56 ON CONCILIATION WITH AMERICA. home-bred sense of this country, I did not dare to rub off a particle of the venerable rust that rather adorns and preserves, than destroys, the metal. It would be a profanation to touch with a tool the stones which con- struct the sacred altar of peace. I would not violate 5 with modern polish the ingenuous and noble roughness of these truly constitutional materials. Above all things, I was resolved not to be guilty of tampering, the odious vice of restless and unstable minds. I put my foot in the tracks of our forefathers, where I can neither wander 10 nor stumble. Determining to fix articles of peace, I was resolved not to be wise beyond what was written ; I was resolved to use nothing else than the form of sound words, to let others abound in their own sense, and care- fully to abstain from all expressions of my own. What 15 the law has said, I say. In all things else I am silent. I have no organ but for her words. This, if it be not ingenious, I am sure is safe. 95. There are indeed words expressive of grievance in this second resolution, which those who are resolved 20 always to be in the right will deny to contain matter of fact, as applied to the present case, although Parliament thought them true with regard to the counties of Ches- ter and Durham. They will deny that the Americans were ever "touched and grieved" with the taxes. If 25 they consider nothing in taxes but their weight as pecun- iary impositions, there might be some pretence for this denial. But men may be sorely touched and deeply grieved in their privileges as well as in their purses. Men may lose little in property by the act which takes 30 away all their freedom. When a man is robbed of a trifle on the highway, it is not the twopence lost that consti- EVIDENCE OF GRIEVANCES. 57 tutes the capital outrage. This is not confined to privi- leges. Even ancient indulgences withdrawn, without offence on the part of those who enjoyed such favors, operate as grievances. But were the Americans then not 5 touched and grieved by the taxes, in some measure, merely as taxes ? If so, why were they almost all either wholly repealed or exceedingly reduced? Were they not touched and grieved even by the regulating duties of the sixth of George the Second? Else why were the 10 duties first reduced to one-third in 1764, and afterwards to a third of that third in the year 1766 ? Were they not touched and grieved by the Stamp Act? I shall say they were, until that tax is revived. Were they not touched and grieved by the duties of 1767, which were 15 likewise repealed, and which Lord Hillsborough tells you (for the ministry) were laid contrary to the true principle of commerce ? Is not the assurance given by that noble person to the colonies of a resolution to lay no more taxes on them, an admission that taxes would touch and 20 grieve them ? Is not the resolution of the noble lord in the blue ribbon, now standing on your journals, the strongest of all proofs that parliamentary subsidies really touched and grieved them ? Else why all these changes, modifications, repeals, assurances and resolutions ? 25 p6. The next proposition is, That, from the distance of the said colonies and from other cir- cumstances, no method hath hitherto been devised for procuring a representation in Parliament for the said colonies. This is an assertion of a fact. I go no further on the 30 paper ; though in my private judgment a useful repre- sentation is impossible. I am sure it is net desired by 58 ON CONCILIATION WITH AMERICA. them ; nor ought it, perhaps, by us : but I abstain from opinions. 97. The fourth resolution is, That each of the said colonies hath within itself a body, chosen in part or in the whole by the freemen, freeholders or other free 5 inhabitants thereof, commonly called the general assembly, or general court ; with powers legally to raise, levy and assess, ac- cording to the several usages of such colonies, duties and taxes towards defraying all sorts of public services. p8. This competence in the colony assemblies is cer- 10 tain. It is proved by the whole tenor of their acts of supply in all the assemblies, in which the constant style of granting is, "An aid to his Majesty"; and acts granting to the crown have regularly for near a century passed the public offices without dispute. Those who 15 have been pleased paradoxically to deny this right, hold- ing that none but the British Parliament can grant to the crown, are wished to look to what is done, not only in the colonies, but in Ireland, in one uniform, unbroken tenor every session. Sir, I am surprised that this doc- 20 trine should come from some of the law servants of the crown. I say that if the crown could be responsible, his Majesty but certainly the ministers, and even these law officers themselves through whose hands the acts pass, biennially in Ireland or annually in the colonies, are in 25 an habitual course of committing impeachable offences. What habitual offenders have been all presidents of the council, all secretaries of state, all first lords of trade, all attorneys and all solicitors-general ! However, they are safe, as no one impeaches them ; and there is no ground 30 of charge against them, except in their own unfounded theories. FIFTH RESOLUTION. 59 pp. The fifth resolution is also a resolution of fact, That the said general assemblies, general courts, or other bodies legally qualified as aforesaid, have at sundry times freely granted several large subsidies and public aids for his Majesty's service, ac- 5 cording to their abilities, when required thereto by letter from one of his Majesty's principal secretaries of state ; and that their right to grant the same and their cheerfulness and sufficiency in the said grants have been at sundry times acknowledged by Parliament. To say nothing of their great expenses in the Indian 10 wars, and not to take their exertion in foreign ones so high as the supplies in the year 1695, not to go back to their public contributions in the year 1710, I shall begin to travel only where the journals give me light, resolving to deal in nothing but fact authenticated by parliamentary 15 record, and to build myself wholly on that solid basis. JOO. On the 4th of April, 1748, a committee of this House came to the following resolution : Resolved, That it is the opinion of this committee that it is just and reasonable that the several provinces and colonies of Massa- 20 chusetts Bay, New Hampshire, Connecticut and Rhode Island, be reimbursed the expenses they have been at in taking and securing to the crown of Great Britain the island of Cape Breton and its dependencies. 101. These expenses were immense for such colonies. 25 They were above ^200,000 sterling : money first raised and advanced on their public credit. 102. On the 28th of January, 1756, a message from the king came to us to this effect : His Majesty, being sensible of the zeal and vigor with which 30 his faithful subjects of certain colonies in North America have ex- erted themselves in defence of his Majesty's just rights and posses 60 ON CONCILIATION WITH AMERICA. sions, recommends it to this House to take the same into their con- sideration, and to enable his Majesty to give them such assistance as may be a proper reward and encouragement. IOJ. On the 3d of February, 1756, the House came to a suitable resolution, expressed in words nearly the 5 same as those of the message ; but with the further addi- tion that the money then voted was as an encouragement to the colonies to exert themselves with vigor. It will not be necessary to go through all the testimonies which your own records have given to the truth of my resolu- 10 tions. I will only refer you to the places in the journals : Vol. XXVII. i6th and igth May, 1757. Vol. XXVIII. June 1st, 1758; April 26th and 5Oth, 1759; March 26th and 3151, and April 28th, 1760; Jan. Qth and 2Oth, 1761. Vol. XXIX. Jan. 22d and 26th, 1762; March I4th and I7th, 15 1763- 104. Sir, here is the repeated acknowledgment of Par- liament that the colonies not only gave, but gave to satiety. This nation has formally acknowledged two things : first, that the colonies had gone beyond their 20 abilities, Parliament having thought it necessary to reim- burse them ; secondly, that they had acted legally and laudably in their grants of money and their maintenance of troops, since the compensation is expressly given as reward and encouragement. Reward is not bestowed for 25 acts that are unlawful ; and encouragement is not held out to things that deserve reprehension. My resolution therefore does nothing more than collect into one propo- sition what is scattered through your journals. I give you nothing but your own ; and you cannot refuse in the 30 gross what you have so often acknowledged in detail. GRANT OR IMPOSITION? 61 The admission of this, which will be so honorable to them and to you, will indeed be mortal to all the mis- erable stories by which the passions of the misguided peo- ple have been engaged in an unhappy system. The peo- 5 pie heard, indeed, from the beginning of these disputes, one thing continually dinned in their ears, that reason and justice demanded that the Americans, who paid no taxes, should be compelled to contribute. How did that fact of their paying nothing stand when the taxing sys- 10 tern began ? When Mr. Grenville began to form his sys- tem of American revenue, he stated in this House that the colonies were then in debt two millions six hundred thousand pounds sterling money, and was of opinion they would discharge that debt in four years. On this state, 15 those untaxed people were actually subject to the pay- ment of taxes to the amount of six hundred and fifty thousand a year. In fact, however, Mr. Grenville was mistaken. The funds given for sinking the debt did not prove quite so ample as both the colonies and he ex- 20 pected. The calculation was too sanguine ; the reduc- tion was not completed till some years after, and at differ- ent times in different colonies. However, the taxes after the war continued too great to bear any addition with prudence or propriety ; and when the burdens imposed 25 in consequence of former requisitions were discharged, our tone became too high to resort again to requisition. No colony since that time ever has had any requisition whatsoever made to it. 705. We see the sense of the crown and the sense 30 of Parliament on the productive nature of a revenue by grant. Now search the same journals for the produce of the revenue by imposition. \Vhere is it ? Let us know 6a ON CONCILIATION WITH AMERICA. the volume and the page. What is the gross, what is the net produce ? To what service is it applied ? How have you appropriated its surplus? What, can none of the many skilful index-makers that we are now employing find any trace of it? Well, let them and that rest to- 5 gether. But are the journals, which say nothing of the revenue, as silent on the discontent ? Oh, no ! a child may find it. It is the melancholy burden and blot of every page. / 06. I think, then, I am, from those journals, justified 10 in the sixth and last resolution, which is, That it hath been found by experience that the manner of grant- ing the said supplies and aids by the said general assemblies hath been more agreeable to the said colonies, and more beneficial and conducive to the public service, than the mode of giving and 15 granting aids in Parliament, to be raised and paid in the said colonies. 107. This makes the whole of the fundamental part of the plan. The conclusion is irresistible. You cannot say that you were driven by any necessity to an exercise 20 of the utmost rights of legislature. You cannot assert that you took on yourselves the task of imposing colony taxes, from the want of another legal body that is com- petent to the purpose of supplying the exigencies of the state without wounding the prejudices of the people. 25 Neither is it true that the body so qualified and having that competence had neglected the duty. 108. The question now, on all this accumulated mat- ter, is, whether you will choose to abide by a profitable experience or a mischievous theory ; whether you choose 30 to build on imagination or fact ; whether you prefer en- FIRST COR OLLAR Y RE SOL UT1ON. 63 joyment or hope ; satisfaction in your subjects or discon- tent ? /op. If these propositions are accepted, everything which has been made to enforce a contrary system must, 5 I take it for granted, fall along with it. On that ground I have drawn the following resolution, which, when it comes to be moved, will naturally be divided in a proper manner: That it may be proper to repeal an act made in the seventh year 10 of the reign of his present Majesty, entitled, " An act for grant- ing certain duties in the British colonies and plantations in America ; for allowing a drawback of the duties of customs upon the exportation from this kingdom, of coffee and cocoanuts of the produce of the said colonies or plantations ; for discontinuing the 15 drawbacks payable on China earthenware exported to America; and for more effectually preventing the clandestine running of goods in the said colonies and plantations." And that it may be proper to repeal an act made in the fourteenth year of the reign of his present Majesty, entitled, " An act to discontinue, in such 20 manner and for such time as are therein mentioned, the landing and discharging, lading or shipping, of goods, wares and merchan- dise, at the town and within the harbor of Boston, in the province of Massachusetts Bay, in North America." And that it may be proper to repeal an act made in the fourteenth year of the reign 25 of his present Majesty, entitled, " An act for the impartial admin- istration of justice in the cases of persons questioned for any acts done by them in the execution of the law, or for the suppression of riots and tumults, in the province of Massachusetts Bay, in New England." And that it may be proper to repeal an act made in 30 the fourteenth year of the reign of his present Majesty, entitled, " An act for the better regulating the government of the province of the Massachusetts Bay, in New England." And also, that it may be proper to explain and amend an act made in the thirty-fifth year of the reign of King Henry the Eighth, entitled, " An act for 3c the trial of treasons committed out of the king's dominions." 64 ON CONCILIATION WITH AMERICA, 1 IO. I wish, Sir, to repeal the Boston Port Bill, be- cause (independently of the dangerous precedent of sus- pending the rights of the subject during the king's pleasure) it was passed, as I apprehend, with less regularity and on more partial principles than it ought. 5 The corporation of Boston was not heard before it was condemned. Other towns, full as guilty as she was, have not had their ports blocked up. Even the Restrain- ing Bill of the present session does not go to the length of the Boston Port Act. The same ideas of 10 prudence which induced you not to extend equal punish- ment to equal guilt, even when you were punishing, induced me, who mean not to chastise but to reconcile, to be satisfied with the punishment already partially inflicted. 15 ///. Ideas of prudence and accommodation to cir- cumstances prevent you from taking away the charters of Connecticut and Rhode Island, as you have taken away that of Massachusetts Colony, though the crown has far less power in the two former provinces than it 20 enjoyed in the latter, and though the abuses have been full as great and as flagrant in the exempted as in the punished. The same reasons of prudence and accommo- dation have weight with me in restoring the charter of Massachusetts Bay. Besides, Sir, the act which changes 25 the charter of Massachusetts is in many particulars so exceptionable that, if I did not wish absolutely to repeal, I would by all means desire to alter it, as several of its provisions tend to the subversion of all public and private justice. Such, among others, is the power in the gov- 30 ernor to change the sheriff at his pleasure, and to make a new returning officer for every special cause. It is SECOND COROLLARY RESOLUTION. 65 shameful to behold such a regulation standing among English laws. 112. The act for bringing persons accused of com- mitting murder under the orders of government to 5 England for trial is but temporary. That act has calculated the probable duration of our quarrel with the colonies, and is accommodated to that supposed duration. I would hasten the happy moment of reconciliation ; and therefore must, on my principle, get rid of that most 10 justly obnoxious act. / ij. The act of Henry the Eighth for the trial of treasons I do not mean to take away, but to confine it to its proper bounds and original intention ; to make it expressly for trial of treasons (and the greatest treasons 15 may be committed) in places where the jurisdiction of the crown does not extend. 114. Having guarded the privileges of local legis- lature, I would next secure to the colonies a fair and unbiased judicature; for which purpose, Sir, I propose .20 the following resolution : That, from the time when the general assembly, or general court, of any colony or plantation in North America shall have appointed by act of assembly duly confirmed, a settled salary to the offices of the chief justice and other judges of the superior 25 court, it may be proper that the said chief justice and other judges of the superior courts of such colony shall hold his and their office and offices during their good behavior, and shall not be removed therefrom but when the said removal shall be adjudged by his Majesty in council, upon a hearing on complaint from the general 30 assembly, or on a complaint from the governor or council or the house of representatives, severally, of the colony in which the said chief justice and other judges have exercised the said offices. 66 ON CONCILIATION WITH AMERICA. 7/5. The next resolution relates to the courts of admiralty. It is this : That it may be proper to regulate the courts of admiralty or vice-admiralty authorized by the fifteenth chapter of the fourth of George the Third, in such a manner as to make the same more 5 commodious to those who sue or are sued in the said courts; and to provide for the more decent maintenance of the judges in the same. Il6. These courts I do not wish to take away: they are in themselves proper establishments. This court is 10 one of the capital securities of the Act of Navigation. The extent of its jurisdiction, indeed, has been increased ; but this is altogether as proper, and is indeed on many accounts more eligible, where new powers were wanted, than a court absolutely new. But courts incom- 15 modiously situated in effect deny justice ; and a court partaking in the fruits of its own condemnation is a robber. The Congress complain, and complain justly, of this grievance. 7/7. These are the three consequential propositions. 2c I have thought of two or three more ; but they come rather too near detail and to the province of executive government, which I wish Parliament always to superin- tend, never to assume. If the first six are granted, con- gruity will carry the latter three. If not, the things that 25 remain unrepealed will be, I hope, rather unseemly in- cumbrances on the building than very materially detri- mental to its strength and stability. / 18. Here, Sir, I should close; but I plainly perceive some objections remain, which I ought, if possible, to 30 remove. The first will be that, in resorting to the SANCTION FOR RESOLUTIONS. 67 doctrine of our ancestors as contained in the preamble to the Chester Act, I prove too much ; that the grievance from a want of representation, stated in that preamble, goes to the whole of legislation as well as to taxation ; 5 and that the colonies, grounding themselves upon that doctrine, will apply it to all parts of legislative authority. / /p. To this objection, with all possible deference and humility, and wishing as little as any man living to im- pair the smallest particle of our supreme authority, I 10 answer that the words are the words of Parliament, and not mine ; and that all false and inconclusive inferences drawn from them are not mine, for I heartily disclaim any such inference. I have chosen the words of an act of Parliament which Mr. Grenville, surely a tolerably >S zealous and very judicious advocate for the sovereignty of Parliament, formerly moved to have read at your table in confirmation of his tenets. It is true that Lord Chatham considered these preambles as declaring strongly in favor of his opinions. He was a no less powerful advocate for 20 the privileges of the Americans. Ought I not from hence to presume that these preambles are as favorable as possible to both, when properly understood, favorable both to the rights of Parliament and to the privilege of the dependencies of this crown ? But, Sir, the object of 25 grievance in my resolution I have not taken from the Chester, but from the Durham Act, which confines the hardship of want of representation to the case of sub- sidies, and which therefore falls in exactly with the case of the colonies. But whether the unrepresented counties 30 were de jure or de facto bound, the preambles do not ac- curately distinguish; nor indeed was it necessary; for whether de jure or de facto, the legislature thought the 68 ON CONCILIATION WITH AMERICA. exercise of the power of taxing, as of right or as of fact without right, equally a grievance and equally oppressive. 120. I do not know that the colonies have, in any general way or in any cool hour, gone much beyond the demand of immunity in relation to taxes. It is not fair 5 to judge of the temper or disposition of any man or any set of men, when they are composed and at rest, from their conduct or their expressions in a state of disturb- ance and irritation. It is, besides, a very great mistake to imagine that mankind follow up practically any speculative 10 principle, either of government or of freedom, as far as it will go in argument and logical illation. We Englishmen stop very short of the principles upon which we support any given part of our Constitution, or even the whole of it together. I could easily, if I had not already tired you, 15 give you very striking and convincing instances of it. This is nothing but what is natural and proper. All government, indeed every human benefit and enjoyment, every virtue, and every prudent act, is founded on com- promise and barter. We balance inconveniences ; we 20 give and take ; we remit some rights that we may enjoy others ; and we choose rather to be happy citizens than subtle disputants. As we must give away some natural liberty to enjoy civil advantages, so we must sacrifice some civil liberties for the advantages to be derived from 25 the communion and fellowship of a great empire. But in all fair dealings the thing bought must bear some pro- portion to the purchase paid. None will barter away the immediate jewel of his soul. Though a great house is apt to make slaves haughty, yet it is purchasing a part of 30 the artificial importance of a great empire too dear to pay for it all essential rights and all the intrinsic dignity of INDULGENCE WILL CURE REBELLION. 69 human nature. None of us who would not risk his life rather than fall under a government purely arbitrary. But although there are some amongst us who think our Constitution wants many improvements to make it a com- 5 plete system of liberty, perhaps none who are of that opinion would think it right to aim at such improvement by disturbing his country and risking everything that is dear to him. In every arduous enterprise we consider what we are to lose as well as what we are to gain ; and 10 the more and better stake of liberty every people possess, the less they will hazard in a vain attempt to make it more. These are the cords of man. Man acts from adequate motives relative to his interest, and not on metaphysical speculations. Aristotle, the great master of 15 reasoning, cautions us, and with great weight and propriety, against this species of delusive geometrical ac- curacy in moral arguments, as the most fallacious of all sophistry. 727. The Americans will have no interest contrary to 20 the grandeur and glory of England, when they are not oppressed by the weight of it ; and they will rather be inclined to respect the acts of a superintending legislature, when they see them the acts of that power which is itself the security, not the rival, of their secondary impor- 25 tance. In this assurance my mind most perfectly ac- quiesces ; and I confess I feel not the least alarm from the discontents which are to arise from putting people at their ease ; nor do I apprehend the destruction of this empire from giving, by an act of free grace and indulgence, to 30 two millions of my fellow-citizens, some share of those rights upon which I have always been taught to value myself. 70 ON CONCILIATION WITH AMERICA. 122. It is said, indeed, that this power of granting, vested in American assemblies, would dissolve the unity of the empire, which was preserved entire, although Wales and Chester and Durham were added to it. Truly, Mr. Speaker, I do not know what this unity 5 means ; nor has it ever been heard of, that I know, in the constitutional policy of this country. The very idea of subordination of parts excludes this notion of simple and undivided unity. England is the head, but she is not the head and the members too. Ireland has ever 10 had from the beginning a separate, but not an independ- ent, legislature, which, far from distracting, promoted the union of the whole. Everything was sweetly and harmoniously disposed through both islands for the con- servation of English dominion and the communication of 15 English liberties. I do not see that the same principles might not be carried into twenty islands, and with the same good effect. This is my model with regard to America, as far as the internal circumstances of the two countries are the same. I know no other unity of this 20 empire than I can draw from its example during these periods when it seemed to my poor understanding more united than it is now, or than it is likely to be by the present methods. 12). But since I speak of these methods, I recollect, 25 Mr. Speaker, almost too late, that I promised, before I finished, to say something of the proposition of the noble lord on the floor, which has been so lately received, and stands on your journals. I must be deeply concerned whenever it is my misfortune to continue a difference 30 with the majority of this House. But as the reasons for that difference are my apology for thus troubling you, VI LS OF RANSOM BY AUCTION. 71 suffer me to state them in a very few words. I shall compress them into as small a body as I possibly can, having already debated that matter at large when the question was before the committee. 5 124. First, then, I cannot admit that proposition of a ransom by auction, because it is a mere project. It is a thing new, unheard of, supported by no experience, justified by no analogy, without example of our ancestors or root in the Constitution. It is neither regular parlia- 10 mentary taxation nor colony grant. Experimentum in corpore vili is a good rule, which will ever make me adverse to any trial of experiments on what is certainly the most valuable of all subjects, the peace of this empire. 15 725. Secondly, it is an experiment which must be fatal in the end to our Constitution. For what is it but a scheme for taxing the colonies in the antechamber of the noble lord and his successors ? To settle the quotas and proportions in this House is clearly impossible. You, .o Sir, may flatter yourself you shall sit a state auctioneer with your hammer in your hand, and knock down to each colony as it bids. But to settle (on the plan laid down by the noble lord) the true proportional payment for four or five and twenty governments, according to the 5 absolute and the relative wealth of each, and according to the British proportion of wealth and burden, is a wild and chimerical notion. This new taxation must there- fore come in by the back door of the Constitution. Each quota must be brought to this House ready o formed. You can neither add nor alter. You must register it. You can do nothing further. For on what grounds can you deliberate either before or after the 73 ON CONCILIATION WITH AMERICA. proposition ? You cannot hear the counsel for all these provinces, quarrelling each on its own quantity of pay- ment and its proportion to others. If you should at- tempt it, the committee of provincial ways and means, or by whatever other name it will delight to be called, 5 must swallow up all the time of Parliament. 126. Thirdly, it does not give satisfaction to the complaint of the colonies. They complain that they are taxed without their consent.; you answer that you will fix the sum at which they shall be taxed. That is, you 10 give them the very grievance for the remedy. You tell them, indeed, that you will leave the mode to themselves. I really beg pardon ; it gives me pain to mention it ; but you must be sensible that you will not perform this part of the compact. For suppose the colonies were to lay 15 the duties which furnished their contingent upon the im- portation of your manufactures, you know you would never suffer such a tax to be laid. You know, too, that you would not suffer many other modes of taxation. So that when you come to explain yourself, it will be found 20 that you will neither leave to themselves the quantum nor the mode; nor indeed anything. The whole is delusion from one end to the other. 727. Fourthly, this method of ransom by auction, unless it be universally accepted, will plunge you into 25 great and inextricable difficulties. In what year of our Lord are the proportions of payments to be settled ? To say nothing of the impossibility that colony agents should have general powers of taxing the colonies at their dis- cretion, consider, I implore you, that the communication 30 by special messages and orders between these agents and their constituents on e*ck variation of the case, when DIFFICULTIES OF THE PROJECT. 73 the parties come to contend together and to dispute on their relative proportions, will be a matter of delay, perplexity and confusion that never can have an end. 12.8. If all the colonies do not appear at the outcry, 5 what is the condition of those assemblies who offer, by themselves or their agents, to tax themselves up to your ideas of their proportion ? The refractory colonies who refuse all composition will remain taxed only to your old impositions, which, however grievous in principle, are 10 trifling as to production. The obedient colonies in this scheme are heavily taxed ; the refractory remain unbur- dened. What will you do? Will you lay new and heavier taxes by Parliament on the disobedient ? Pray consider in what way you can do it. You are perfectly 15 convinced that in the way of taxing you can do nothing but at the ports. Now suppose it is Virginia that refuses to appear at your auction, while Maryland and North Carolina bid handsomely for their ransom, and are taxed to your quota, how will you put these colonies on a par ? 20 Will you tax the tobacco of Virginia ? If you do, you give its death-wound to your English revenue at home and to one of the very greatest articles of your own foreign trade. If you tax the import of that rebellious colony, what do you tax but your own manufactures or 25 the goods of some other obedient and already well-taxed colony ? Who has said one word on this labyrinth of detail which bewilders you more and more as you enter into it? Who has presented, who can present you with a clue to lead you out of it ? I think, Sir, it is impos- 30 sible that you should not recollect that the colony bounds are so implicated in one another (you know it by your other experiments in the bill for prohibiting the New 74 ON CONCILIATION WITH AMERICA. England fishery) that you can lay no possible restraints on almost any of them which may not be presently eluded, if you do not confound the innocent with the guilty, and burden those whom, upon every principle, you ought to exonerate. He must be grossly ignorant 5 of America who thinks that, without falling into this con- fusion of all rules of equity and policy, you can restrain any single colony, especially Virginia and Maryland, the central and most important of them all. 129. Let it also be considered that, either in the 10 present confusion you settle a permanent contingent, which will and must be trifling, and then you have no effectual revenue ; or you change the quota at every exigency, and then on every new repartition you will have a new quarrel. /jo. Reflect besides, that when you have fixed a quota for every colony, you have not provided for prompt and punctual payment. Suppose one, two, five, ten years' arrears. You cannot issue a treasury extent against the failing colony. You must make new Boston 20 Port Bills, new restraining laws, new acts for dragging men to England for trial. You must send out new fleets, new armies. All is to begin again. From this day for- ward the empire is never to know an hour's tranquillity. An intestine fire will be kept alive in the bowels of the 25 colonies, which one time or other must consume this whole empire. I allow indeed that the empire of Ger- many raises her revenue and her troops by quotas and contingents; but the revenue of the empire and the army of the empire is the worst revenue and the worst army in the world. IJl. Instead of standing revenue, you will therefore TWO PLANS CONTRASTED. 75 have a perpetual quarrel. Indeed, the noble lord who proposed this project of a ransom by auction seemed himself to be of that opinion. His project was rather designed for breaking the union of the colonies than for 5 establishing a revenue. He confessed he apprehended that his proposal would not be to their taste. I say this scheme of disunion seems to be at the bottom of the proj- ect; for I will not suspect that the noble lord meant nothing but merely to delude the nation by an airy 10 phantom which he never intended to realize. But what- ever his views may be, as I propose the peace and union of the colonies as the very foundation of my plan, it can- not accord with one whose foundation is perpetual dis- cord. 15 1J2. Compare the two. This I offer to give you is plain and simple ; the other full of perplexed and intri- cate mazes. This is mild ; that harsh. This is found by experience effectual for its purposes ; the other is a new project. This is universal ; the other calculated for 20 certain colonies only. This is immediate in its concilia- tory operation ; the other remote, contingent, full of hazard. Mine is what becomes the dignity of a ruling people, gratuitous, unconditional, and not held out as a matter of bargain and sale. I have done my duty in 25 proposing it to you. I have indeed tired you by a long discourse ; but this is the misfortune of those to whose influence nothing will be conceded, and who must win every inch of their ground by argument. You have heard me with goodness. May you decide with wisdom ! 30 For my part, I feel my mind greatly disburdened by what I have done to-day. I have been the less fearful of try- ing your patience, because on this subject I mean to spare 76 ON CONCILIATION WITH AMERICA. it altogether in future. I have this comfort, that inevciy stage of the American affairs I have steadily opposed the measures that have produced the confusion, and may bring on the destruction, of this empire. 1 now go so far as to risk a proposal of my own. If I cannot give 5 peace to my country, I give it to my conscience. 133. "But what," says the financier, " is peace to us without money ? Your plan gives us no revenue." No ! But it does ; for it secures to the subject the power of REFUSAL, the first of all revenues. Experience is a 10 cheat and fact a liar, if this power in the subject of pro- portioning his grant, or of not granting at all, has not been found the richest mine of revenue ever discovered by the skill or by the fortune of man. It does not in- deed vote you ^152,750 us. z^ths, nor any other 15 paltry limited sum ; but it gives the strong-box itself, the fund, the bank, from whence only revenues can arise amongst a people sensible of freedom : Posita luditur area. Cannot you in England, cannot you at this time of day, cannot you, an House of Commons, trust to the 20 principle which has raised so mighty a revenue and ac- cumulated a debt of near 140 millions in this country ? Is this principle to be true in England and false every- where else? Is it not true in Ireland? Has it not hitherto been true in the colonies? Why should you 25 presume that in any country a body duly constituted for any function will neglect to perform its duty and abdicate its trust? Such a presumption would go against all governments in all modes. But in truth this dread of penury of supply from a free assembly has no foundation 30 in nature. For first observe, that besides the desire which all men have naturally of supporting the honor of FREEDOM THE GREATEST OF REVENUES, 77 their own government, that sense of dignity and that security to property which ever attends freedom has a tendency to increase the stock of the free community. Most may be taken where most is accumulated. And 5 what is the soil or climate where experience has not uni- formly proved that the voluntary flow of heaped-up plenty, bursting from the weight of its own rich luxuri- ance, has ever run with a more copious stream of revenue than could be squeezed from the dry husks of oppressed 10 indigence by the straining of all the politic machinery in the world ? 734 Next, we know that parties must ever exist in a free country. We know, too, that the emulations of such parties, their contradictions, their reciprocal neces- 15 sities, their hopes and their fears, must send them all in their turns to him that holds the balance of the state. The parties are the gamesters ; but government keeps the table, and is sure to be the winner in the end. When this game is played, I really think it is more to be feared 20 that the people will be exhausted than that government will not be supplied. Whereas, whatever is got by acts of absolute power, ill obeyed because odious, or by con- tracts ill kept because constrained, will be narrow, feeble, uncertain and precarious. 25 Ease would retract Vows made in pain, as violent and void. 135. I, for one, protest against compounding our de- mands. I declare against compounding for a poor limited sum the immense, ever-growing, eternal debt which is 30 due to generous government from protected freedom. And so may I speed in the great object I propose to you, 78 ON CONCILIATION WITH AMERICA. as I think it would not only be an act of injustice, but would be the worst economy in the world, to compel the colonies to a sum certain, either in the way of ransom or in the way of compulsory compact. 136. But to clear up my ideas on this subject, a 5 revenue from America transmitted hither, do not delude yourselves : you never can receive it, no, not a shilling. We have experience that from remote countries it is not to be expected. If, when you attempted to extract reve- nue from Bengal, you were obliged to return in loan what 10 you had taken in imposition, what can you expect from North America? For certainly, if ever there was a country qualified to produce wealth, it is India ; or an institution for the transmission, it is the East India Com- pany. America has none of these aptitudes. If America : gives you taxable objects on which you lay your duties here, and gives you at the same time a surplus by a foreign sale of her commodities to pay the duties on these objects which you tax at home, she has performed her part to the British revenue. But with regard to her own 20 internal establishments, she may, I doubt not she will, contribute in moderation. I say in moderation; for she ought not to be permitted to exhaust herself. She ought to be reserved to a war, the weight of which, with the enemies that we are most likely to have, must be con- 25 siderable in her quarter of the globe. There she may serve you, and serve you essentially. 7^7. For that service, for all service, whether of reve- nue, trade or empire, my trust is in her interest in the British Constitution. My hold of the colonies is in the close 30 affection which grows from common names, from kindred blood, from similar privileges and equal protection. TRUE NATURE OF EMPIRE. 79 These are ties which, though light as ai: are as strong as links of iron. Let the colonies always .eep the idea of their civil rights associated with your government, they will cling and grapple to you, and no force under heaven 5 will be of power to tear them from their allegiance. But let it be once understood that your government may be one thing and their privileges another ; that these two things may exist without any mutual relation, the cement is gone, the cohesion is loosened and everything hastens 10 to decay and dissolution. As long as you have the wis- dom to keep the sovereign authority of this country as the sanctuary of liberty, the sacred temple consecrated to our common faith, wherever the chosen race and sons of England worship freedom, they will turn their faces to- 15 wards you. The more they multiply, the more friends you will have ; the more ardently they love liberty, the more perfect will be their obedience. Slavery they can have anywhere. It is a weed that grows in every soil. They may have it from Spain ; they may have it from 20 Prussia. But until you become lost to all feeling of your true interest and your natural dignity, freedom they can have from none but you. This is the commodity of price, of which you have the monopoly. This is the true Act of Navigation which binds to you the commerce of 25 the colonies, and through them secures to you the wealth of the world. Deny them this participation of freedom, and you break that sole bond which originally made and must still preserve the unity of the empire. Do not en- tertain so weak an imagination as that your registers and 30 your bonds, your affidavits and your sufferances, your cockets and your clearances, are what form the great securities of your commerce. Do not dream that your 8o ON CONCILIATION WITH AMERICA. letters of office and your instructions and your suspend- ing clauses are the things that hold together the great ^.ontexture of the mysterious whole. These things do "\ot make your government. Dead instruments, passive tools as they are, it is the spirit of the English commun- 5 ion that gives all their life and efficacy to them. It is the spirit of the English Constitution, which, infused through the mighty mass, pervades, feeds, unites, invigorates, vivifies every part of the empire, even down to the mi- nutest member. 10 Ij8. Is it not the same virtue which does everything for us here in England ? Do you imagine, then, that it is the Land Tax Act which raises your revenue? that it is the annual vote in the Committee of Supply which gives you your army? or that it is the Mutiny Bill which 15 inspires it with bravery and discipline ? No ! surely no ! It is the love of the people ; it is their attachment to their government, from the sense of the deep stake they have in such a glorious institution, which gives you your army and your navy, and infuses into both that liberal obedience 20 without which your army would be a base rabble, and your navy nothing but rotten timber. 139. All this, I know well enough, will sound wild and chimerical to the profane herd of those vulgar and mechanical politicians who have no place among us, a 25 sort of people who think that nothing exists but what is gross and material ; and who, therefore, far from being qualified to be directors of the great movement of em- pire, are not fit to turn a wheel in the machine. But to men truly initiated and rightly taught, these ruling and 30 master principles, which in the opinion of such men as I have mentioned have no substantial existence, are in truth SURSUM CORDAl 81 everything and all in all. ' Magnanimity in politics is not seldom the truest wisdom ; and a great empire and little minds go ill together. If we are conscious of our station, and glow with zeal to fill our places as becomes our situa- 5 tion and ourselves, we ought to auspicate all our public proceedings on America with the old warning of the church, Sursum corda ! We ought to elevate our minds to the greatness of that trust to which the order of Provi- dence has called us. By adverting to the dignity of this 10 high calling, our ancestors have turned a savage wilder- ness into a glorious empire ; and have made the most ex- tensive, and the only honorable conquests, not by de- stroying, but by promoting the wealth, the number, the happiness of the human race. Let us get an American 15 revenue as we have got an American empire. English privileges have made it all that it is j English privileges alone will make it all it can bej 140. In full confidence of this unalterable truth, I now {quod felix faustumque sit /) lay the first stone of 20 the Temple of Peace ; and I move you, That the colonies and plantations of Great Britain in North America, consisting of fourteen separate governments, and con- taining two millions and upwards of free inhabitants, have not had the liberty and privilege of electing and sending any knights and 25 burgesses, or others, to represent them in the high court of Parlia- ment. Upon this resolution the previous question was put and carried : for the previous question, 270; against it, 78. As the propositions were opened separately in the body 30 of the speech, the reader perhaps may wish to see the whole of them together in the form in which they were 82 ON CONCILIATION WITH AMERICA. moved for. The first four motions and the last had the previous question put on them. The others were nega- tived. The words in italics were, by an amendment that was carried, left out of the motion ; which will appear in the journals, though it is not the practice to insert such 5 amendments in the votes. Moved, That the colonies and plantations of Great Britain in North America, consisting of fourteen separate governments, and con- taining two millions and upwards of free inhabitants, have not had IO the liberty and privilege of electing and sending any knights and burgesses, or others, to represent them in the high court of Parlia- ment. That the said colonies and plantations have been liable to, and bounden by, several subsidies, payments, rates and taxes, given 15 and granted by Parliament, though the said colonies and planta- tions have not their knights and burgesses in the said high court of Parliament, of their own election, to represent the condition of their country ; by lack -whereof they have been oftentimes touched and grieved by subsidies given, granted and assented to, in the said to court, in a manner prejudicial to the commonwealth, quietness, rest and peace of the subjects inhabiting within the same. That, from the distance of the said colonies and from other circumstances, no method hath hitherto been devised for procuring a representation in Parliament for the said colonies. 25 That each of the said colonies hath within itself a body, chosen in part or in the whole by the freemen, freeholders or other free inhabitants thereof, commonly called the general assembly, or gen- eral court ; with powers legally to raise, levy and assess, according to the several usages of such colonies, duties and taxes towards 30 defraying all sorts of public services. That the said general assemblies, general courts, or other bodies legally qualified as aforesaid, have at sundry times freely granted THE RESOLUTIONS. 83 several large subsidies and public aids for his Majesty's service, according to their abilities, when required thereto by letter from one of his Majesty's principal secretaries of state ; and that their right to grant the same and their cheerfulness and sufficiency in the 5 said grants have been at sundry times acknowledged by Parliament. That it hath been found by experience that the manner of grant- ing the said supplies and aids by the said general assemblies hath been more agreeable to the said colonies, and more beneficial and conducive to the public service, than the mode of giving and grant- IO ing aids in Parliament, to be raised and paid in the said colonies. That it may be proper to repeal an act made in the seventh year of the reign of his present Majesty, entitled, " An act for granting certain duties in the British colonies and plantations in America; for allowing a drawback of the duties of customs upon the expor- ie tation from this kingdom, of coffee and cocoanuts of the produce of the said colonies or plantations; for discontinuing the draw- backs payable on China earthenware exported to America ; and for more effectually preventing the clandestine running of goods in the said colonies and plantations." 20 That it may be proper to repeal an act made in the fourteenth year of the reign of his present Majesty, entitled, " An act to discon- tinue, in such manner and for such time as are therein mentioned, the landing and discharging, lading or shipping, of goods, wares and merchandise, at the town and within the harbor of Boston, in the province of Massachusetts Bay, in North America." That it may be proper to repeal an act made in the fourteenth year of the reign of his present Majesty, entitled, " An act for the impartial administration of justice in the cases of persons questioned for any acts done by them in the execution of the law, or for the 3 O suppression of riots and tumults, in the province of Massachusetts Bay, in New England." That it may be proper to repeal an act made in the fourteenth 84 ON CONCILIATION WITH AMERICA. year of the reign of his present Majesty, entitled, " An act for the better regulating the government of the province of the Massa- chusetts Bay, in New England." That it may be proper to explain and amend an act made in the thirty-fifth year of the reign of King Henry the Eighth, entitled, 3 " An act for the trial of treasons committed out of the king's dominions." That from the time when the general assembly, or general court, of any colony or plantation in North America shall have appointed by act of assembly duly confirmed, a settled salary to the offices of 10 the chief justice and other judges of the superior court, it may be proper that the said chief justice and other judges of the superior courts of such colony shall hold his and their office and offices during their good behavior, and shall not be removed therefrom but when the said removal shall be adjudged by his Majesty in 15 council, upon a hearing on complaint from the general assembly, or on a complaint from the governor or council or the house of rep- resentatives, severally, of the colony in which the said chief justice and other judges have exercised the said offices. That it may be proper to regulate the courts of admiralty or 20 vice-admiralty authorized by the fifteenth chapter of the fourth of George the Third, in such a manner as to make the same more commodious to those who sue or are sued in the said courts; and to provide for the more decent maintenance of the judges in the . same. 2$ NOTES AND COMMENT NOTES AND COMMENT (The heavy numerals refer to pages; the light ones to lines) i, i. Austerity of the Chair is a formal expression, having no personal reference to Sir Fletcher Norton, who was Speaker, a man petulant rather than austere. i, 3. Human frailty. This is one of many examples in the speech of humility assumed for the sake of oratorical effect. Oratorical egotism the assumption of humility or its opposite, complacency, in addressing an audience was characteristic of De- mosthenes and Cicero. Burke and other British orators of what might now be called the "old school," were proud to adopt what they regarded as an elegant and useful practice. Cicero was, in a special sense, Burke's model. i, 8. To my infinite surprise, etc., is evidence that the in- troductory paragraph was unpremeditated. The speech as a whole was extempore in form, though of course in substance it had been most carefully studied. It was written out and edited by Burke himself for publication. The grand penal bill. Burke's name for a measure which had been proposed by Lord North, February 10, 1775, six weeks before Burke delivered his present speech. The New England colonies, especially Massachusetts, were to be punished for the obstinate op- position they had shown towards England's recent efforts to regu- late their commerce. England had insisted that she had the right to control the importation of tea into the colonies. The opposition aroused by this claim was intensified by other acts of Parliament, such as quartering troops upon the colonists, interfering with the judiciary of Massachusetts, and annulling her charter. On the other hand, the colonists were so adroit in eluding the grasp of Par- liament, and so united in an increasingly bold course of opposition, 87 88 NOTES AND COMMENT. that the king and his chief adviser thought it now high time to ad- minister severe and sweeping discipline. They proposed by this grand penal bill, to confine the trade of the New England colonies to Great Britain, Ireland and the British West Indies; and to re- strict their fishing privileges on the Grand Banks. Throughout the six weeks preceding the Speech on Conciliation, Burke had fought this bill on two grounds, justice to the colonies and profit to English trade and revenue. When Lord North ar- gued that New England must be made obedient, Burke answered that this bill was an absurd means to such an end, for at best it would preserve only the forms of government, and these at the ex- pense of the liberty and contentment of the governed. Burke also showed that to suspend the trade of the colonists would render them unable to pay their debts to English creditors. Finally, on the 8th of May, protesting against the passage of the bill, he re- marked in sarcastic desperation, This bill "does not mean to shed blood; but to suit some gentleman's humanity, it only means to starve five hundred thousand people." The Speech on Conciliation is really a part of Burke's fight against this "grand penal bill," and another similar piece of Lord North's statesmanship. The peculiar strength of Burke's oppo- sition consists in the wisdom of the policy he proposed as substi- tute for that which he attacked. But, though it was not yet known in England, neither wise nor foolish legislation was of much avail when the penal bill was passed, for the battles of Lexington and Concord had been fought three weeks before. i, 10. Returned to us from the other house: with the re- quest to amend it so as to include New Jersey, Pennsylvania, Ma- ryland, Virginia and South Carolina. 1, 1 6. By the return, etc. Burke tries to persuade an indif- ferent house to face the American problem hi a serious spirit 2, 5. When I first, etc.: in 1766, in time to help repeal the Stamp Act. 2, 12. To take more than common pains, etc. Burke had really labored to learn all there was to be known about America, with a success that is evident on every page of this speech. 2, 15. General policy of the British Empire. Burke wai NOTES AND COMMENT 89 the first practical British statesman to formulate a system of po- litical economy in its broadest sense, the principles of the im- perial government. 2, 25. A large majority. The Stamp Act was repealed by a vote of 275 to 161. 3, i . An enlarged view over the vast area of special interests, not American, which were guarded by the members of Parliament. 3, 1 8. A worthy member: Mr. Rose Fuller, who moved to re- peal the Tea Tax, April 19, 1774, when Burke delivered his speech on American Taxation. 3, 22. Our politics: of Burke's party. 3, 24/The public tribunal: popular sentiment, in which alone lay Burke's hope of success. 4, 15. Gave so far into, etc.: yielded to the extent of formu- lating resolutions. Now, five months later, they are produced. 4, 22. Disreputably: with danger to one's reputation. Burke hopes to disarm prejudice by emphasizing his hesitancy. 4, 27. Paper government : theory severed from practice, such as Locke's adaptation of the feudal system for the government of North Carolina. It is not to be supposed that Burke regarded his resolutions as theoretical, but that he feared lest they should be so regarded by others. He hopes to inspire confidence by overstating his own caution. 5, 14. Judging of what you are, etc.: a high standard for the best of men, entirely too high for the parliament to which Burke spoke. Yet we are not to suppose him blind to their ignorance or duplicity. He overstates their merit, hoping thus to make them rise towards his position. This is a kind of optimism we see prac- tised every day, and it is certainly true that the more good one expects to find, the more one is likely to find. The degree of impartial good judgment Burke ascribes to the House is really superhuman. No legislature accepts a proposi- tion solely because it is reasonable, or rejects one solely because it is futile or dangerous. The motives which actuate such bodies are complex, and more or less selfish. Considering how unusually corrupt and stupid was the present House, Burke must have 90 NOTES AND COMMENT smiled to himself as he uttered the flattering lines, "You will see it just as it is, and you will treat it just as it deserves." 5, 25. The proposition is peace. Here is the theme of the ora- tion. This paragraph contains the key to every line of thought in the speech. Note especially the line of destructive argument im- plied in lines 25-32. 5, 28. Universal discord fomented from principle. One of Lord North's objects was to divide the colonies by jealousies so as to simplify the problem of governing them. He even ad- mitted in debate that his policy was Divide et impera. 5, 30. Juridical: according to the letter of the law, rather than in a spirit of justice. 6,4. Former unsuspecting confidence, etc.: a phrase used by the Continental Congress to describe the effect of the repeal of the Stamp Act. Burke was struck by the expression, and used it not only in his speech, but in his Letter to the Sheriffs of Bristol, "This unsuspecting confidence is the true center of gravity amongst mankind, about which all the parts are at rest." 6, 10. Refined: elaborate. The general statements contained in this and the two succeeding sentences are not theoretical, though they have the appearance of being so. They are generalized from actual human experience. They differ from theory as much as observation differs from imagination. It is important to make this distinction because throughout the speech Burke uses generaliza- tions from fact and experience, and, at the same time, scouts the use of mere theory. 6, 19. Pruriency: itching, curiosity. 6, 21. The project: Burke's name for Lord North's Proposi- tions for Conciliating the Differences -with America. This project, together with the grand penal bill, forms the means by which Lord North hoped to reduce America to submission. The penal bill sought to punish the colonies for their opposition to unfair restrictions upon trade; while this project had for its avowed object, the separation of the " reasonable from the unrea- sonable," that is, of those who gave up certain natural rights of a subject, from those who would not. It proposed that Parliament should control the public funds of all the American colonies. King NOTES AND COMMENT 91 and Parliament were to fix the proportion of funds for common de- fence to be paid by each colony; and to approve or disapprove the amount each colony offered to subscribe for the support of its civil and judicial system. If a colony came quietly to terms, offering a subscription satisfactory to King and Parliament, these powers would look upon it with friendly eyes, and, except in the way of levying duties upon its importations into England, would not tax it further. Herein lay the conciliatory feature of North's scheme. But this bill was not merely a test of the subserviency of such colonies as had not appeared restive; it was, and Lord North so planned it, a subtle means of producing jealousy and discord among the colonies towards one another, which would render some of the colonies the allies of England, in her punitive attitude to- wards the rest. For instance, it was hoped that New York would join England against Massachusetts, and thus give a strong moral support to the disciplinary acts of the mother country. As a matter of fact, this sort of legislation had already worked just the other way. The colonies had made common cause against their common oppressor, and in this new emergency they took the same course. All but Georgia sent representatives to Philadelphia to protest against such "conciliatory" measures. 6, 22. Noble lord in the blue ribbon: a conventional compli- ment to Lord North, who was "noble lord" by courtesy only, his father being still alive. It was thus he could hold a seat in the lower house. He was a Knight of the Garter, and therefore was entitled to wear as garter the blue ribbon embroidered, honi soil qui mal y pense. 6, 24. Colony agents: persons employed by the colonies to look after their respective interests in Parliament. Burke was agent for New York; Franklin, during his long residence in Eng- land, represented not only Massachusetts, but two other colonies. 6, 27. Auction of finance. Burke implies that the representa- tives of the various colonies when they came to Parliament to settle the proportion of payments called for in the project of Lord North, would one after another keep on increasing their bids for royal favor till the auctioneer, whoever that might be, should be satisfied with their offers. 92 NOTES AND COMMENT In such a scheme there are several elements of absurdity. First, it would be very hard to determine the total sum to be raised; second, it would be impossible justly to proportion this to the abilities of the various colonies; third, every concession on the part of one colony would encourage a demand by Parliament for corresponding concessions from all the others; finally, there was no reason why they should make Parliament the arbiter of their financial operations. Burke evidently uses the term "auction" to cast ridicule upon a plan so elaborate as to be impracticable, and one sure to beget jealousies among colonies bidding for the favor of the king. 7, 2 . The idea of conciliation is the nominal purpose of Lord North's project. It suits Burke to regard this as his real desire. 7, 21. Alien from all the ancient methods, etc.: modern usage requires alien to. Burke is to build his plan on conservative lines. The italics in paragraph 9 indicate the same thing. 7, 28. On the admitted principle. The remainder of the paragraph is devoted to showing how the field looks from this ground. 7, 29. Peace implies reconciliation. There is no distinction to be taken account of between reconciliation here, and concilia- tion as it is used in the title of the speech. 7, 30. Material dispute: a disagreement over tangible posses- sions or specific rights. The word material generally means merely important, but here has the force of excluding those dis- putes in which the two parties might properly agree to disagree; as, for example, matters of taste, or faith. 8, 2. Great and acknowledged force. A big Newfoundland is respected the more because he forgives and pities the yelping puppy. Gulliver amongst the Lilliputians affords perhaps a bet- ter parallel. 8, 6. The concessions of the weak. This was just the chief reason why the colonies would concede nothing to England. 8,12. The capital leading questions. Thus is introduced the central topic of discussion. It has been said that a question well asked is half answered. NOTES AND COMMENT 93 8, 15. We have gained some ground: referring of course to the ostensibly conciliatory purpose of North's project. 8, 2 1 . The true nature and the peculiar circumstances. It will be interesting to see whether Burke divides his study of the American problem according to these heads, or whether he is raguely using two terms when the first would be enough alone. Compare the closing sentence of this paragraph with the opening sentences of the 15th and 17th. 9, 9. The true number. The best authorities consider Burke's estimate rather below the mark. 9, 13. Population shoots. It is thought the gain in the decade preceding this speech was 500,000. 9, 25. A blunter discernment than yours: a bungling at- tempt at compliment. 9, 27. Occasional system: fit only for the special emergency or occasion which now demands attention. 10, 14. A distinguished person: Richard Glover, a merchant who wrote dull verses and dabbled in politics. Burke strangely wastes words upon him. Bar : an oak rail across the entrance to the main aisle or floor of the House. Outsiders wishing to address the House stood at this bar. 11, 1 6. Terminating almost wholly in the colonies. A slave was purchased, not with money, but with the articles bought in England. So the purchase of a slave for America would mean to the English merchant the same thing as the exportation to America of his value in English merchandise. 11, 1 8. The West Indian: dependent for commerce and protection upon the colonies on the Continent. 12, 9. No less than twelvefold: a skilful repetition and con- densation, for the purpose of making his statistics tell. Com- pare the opening of the next paragraph. 13, 24. Acta parentum, etc. "To study the example of his forefathers and to learn what virtue is." (Virgil, fourth Eclogue.) Like many others of Burke's quotations, Latin or English, this is not verbatim. Sometimes the variation is evidently accidental, 94 NOTES AND COMMENT but more often it is due to Burke's facile shaping of the extract to suit his precise purpose. 13, 30. The third prince : George III, whose father, Fred- erick, died as Prince of Wales. 14, i. To be made Great Britain. In 1707 the Treaty of Union joined Scotland to England. 14, 2. Turn back the current. After Henry Bathurst was appointed Lord Chancellor in 1771, his father was made an earl, while he himself became a baron; distinctions thus passing from son to father, in a degree, rather than from father to son. Burke naturally selected Lord Bathurst for the purposes of this paragraph, both because he had lived a life of extraordinary length and public activity, and because such congratulatory re- marks would please certain members of the government. Earl Bathurst was a typical member of that House of Lords which had just returned the penal bill with emphatic approval. 15, 17. Deceive: a translation oi Jailer e, which has in Latin the same double sense. 1 6, 2. Roman charity. Cymon, being condemned to starve in prison, was kept alive by his daughter Xanthippe, with milk from her own breast. (Hyginus.) A similar story is told of Euphrasia and Evander. 16, 20. The antipodes: the Southern seas. 16, 21. Serpent: Hydras, a small constellation in the extreme south; not Hydra, which lies within 35 of the equator. Falkland Island. The Falkland Islands were ceded to Eng- land by Spain in 1771. Before that time they had been regarded as "too remote an object for the grasp of national ambition." 1 6, 27. Draw the line and strike the harpoon: fish and whale. 16, 28. Run the longitude: sail in a generally southerly (or northerly) direction. There is some doubt as to Burke's famil- iarity with sailor talk; this expression is not now common, nor can it be ascertained that it ever was. But the idea is plain enough, that, starting from their New England home port, the whalers would ran south along the sixtieth meridian of longitude, to the coast of Brazil. NOTES AND COMMENT 95 17,1. Dexterous and firm sagacity. This and other expres- sions in this paragraph seem to indicate that Burke is approaching the subject of the nature of the colonies. 17, 10. A wise and salutary neglect. This phrase is entitled to special consideration, as the key to Burke's solution of the colonial problem. 17, 15. Human contrivances: an incidental reference to the project. 17, 19. A different conclusion, etc. At this point begins a digression, the object of which is to win over some members who, angry at the colonial spirit of liberty, rely on arms to subdue it. Burke supposes it useless to present arguments in favor of his res- olutions to such men, till he has tried to persuade them of the foolishness of their own doctrine. The four objections to the use of force occupy only one page; but they are so cogent and so clearly put that if they had not fallen on sterile ground they would have proved good seeds of peace. Probably they actually resulted in shaking the inner convictions of the fighters just enough to render their actions the more obstinate and prompt. The firstlings of their hearts became the firstlings of their hands, at Bunker Hill. 17, 30. Considering force not as an odious, etc. This clos- ing passage may be regarded as summing up the preceding discus- sion. With all its brevity it safely avoids needless antagonism by harsh words. The phrase profitable and subordinate is especially politic, since it emphasizes the agreement of Burke's ultimate aim with that of the majority. 1 8, 8. Terror is not always, etc. American history is full of examples, besides the Revolution. How does it compare in this respect with the history of England? Of Holland? 19, 13. Temper and character. This looks as if Burke were going to make a special discussion of the nature of the colonists, apart from their numbers of commercial importance. Can the facts about the nature of the Americans that appear in the preced- ing discussion be regarded as subordinate to the facts about their material activities, explanatory details used to expound with due emphasis, the circumstances of the colonists ? If here we find the 96 NOTES AND COMMENT opposite course followed, and material circumstances used to expound the nature of the men, wp shall feel sure what Burke intended. Upon consideration, it is evident the two ideas cannot be divorced, but only presented in altered relation to each other. 19, 19. Shuffle, etc.: another strong figure drawn from the game of cards. Gambling was the chief recreation of high society in Burke's day. 19, 28. I hope, respects, etc. Burke deplored the surrender of much popular power to the king. Of course the people's atti- tude toward America was the direct moral result of this surren 'er. 19, 30. Emigrated from you: during the religious and polit- ical excitements which marked the reigns of the Stuart kings. 20, 3. Abstract liberty. As usual Burke explains this gen- eral statement in the following sentences. 20, 22. Blind usages: having their origin not in intelligible principles, but in ancient and forgotten precedents. 21, 7. I do not say, etc. This disclaims the application of the right of self-taxation to the colonies. Such indifference must at first appear to surrender the American cause. But with char- acteristic grasp upon the conduct of the case, Burke reverts to this point fifteen pages later, and makes his strongest argument out of an apparently fatal disclaimer. 22, 19. Dissidence of dissent, etc.: as we say the "very quint- essence," etc. The expression defies analysis, but its meaning is clear. 23, 28. Gothic : commonly misused in the Eighteenth century, for Saxon. 23, 29. The Poles. In 1772 occurred the partition of Poland and the consequent leveling of her classes. Compare page 5, line 2. 24, 15. Blackstone's Commentaries on the laws of England, published 1769. 24, 1 6. General Gage, after being commander-in-chief of the English army in America for several years, became governor of Massachusetts in 1774. When he tried to enforce the act of Par- liament prohibiting town-meetings as likely to stir up sedition, the Boston selectmen were too clever for him. They simply adjourned NOTES AND COMMENT 97 the meeting from July to August, from August to October, and referred Governor Gage to the crown lawyers. 24, 27. Will disdain that ground. Burke probably thought he had just stated the ground on which his friend, Attorney-Gen- eral Thurlow, was preparing to refute. So, in plain words, Burke said, "You may be foolish enough to try to make a point out of this legal knowledge of the colonists. Here it is, all made before you could get your notes down; and now I'll show you how little it is worth." Part of this paragraph was evidently unpremeditated. It seems to have been sharpened by Burke's effort to steal Thurlow's thunder. The taking of notes in Parliament is an unusual pro- ceeding. Ancient etiquette frowns upon any extensive practice of it. 25, i . Abeunt studia in mores : "studies pass over into char- acter." (Ovid, Heroides, xv., 83.) 25, 14. No contrivance. Steam and electricity have almost proved Burke a false prophet. 25,22. So far shalt thou go, etc. King Canute's application of this remark to the instruction of his court is familiar. The book of Job contains the same thought in grander sequence. (Chapter 38.) 26, 32. What, in the name of God, etc. This question para- phrases the one in paragraph 14. A good deal of progress has been made in the statement of facts since that preliminary ques- tion was put. 27, 6. We are called upon to fix, etc. This takes us back to the very beginning of the speech. But see note on page 30, line 4, 27, ii. Still more untractable form : Stamp Act, tax on tea, bills of pains and penalties, war, independence this in- dicates the actual climax. 27, 19. An emanation from yours: evidence of the "wise ,nd salutary policy " of neglecting the colonies. It was in the fifth year of the reign of George III that this policy was rudely laid aside, and that trouble began. The financial aim of Grenville was to make America pay a part of the debt of 82,000,000 incurred by Pitt in the war with France. 98 NOTES AND COMMENT 27, 25. An operose business. Gladstone's remark about the constitution of the United States emphasizes this idea. "As the British Constitution is the most subtile organism which has pro- ceeded from progressive History, so the American Constitution is the most wonderful work ever struck off at a given time by the brain and purpose of man." 27, 30. Another way. In Massachusetts and Virginia the government had been carried on for some time in absolute defi- ance of their respective governors, Gage and Dunmore. 28, 13. A manufacture, etc.: an echo of the discussion of pa- per government, paragraph 7. See note. 28, 23. Abrogated the ancient government, etc.: by the "Act for the better regulating the government of the Province of the Massachusetts Bay in New England." The assembly was still to be elected by the people; but the council was to be appointed by the king, all law-officers by the governor, and all jurymen by the sheriff. The law also required town-meetings to be called by the governor. We have seen how this measure was evaded; and as to the working of the rest of the act, see lines 26-32. 29, 8. I am much against, etc. If we follow out this thought we shall get some light on Burke's attitude toward the French Revolutionists. But in their case Burke traced the fault to the people; not, as in this, to the ruler. 29, 28. An equal attention. One is entitled to suppose that the empty or listless benches here struck Burke's notice for a mo- ment. 30,4. Another: Dean Tucker's, which was wiser than Burke thought it. The argument by exclusion which begins here, consists of a con- sideration of the three possible courses of action, in the light of the nature and circumstances of the colonists. It is demonstrated that neither of the first two is feasible, but that the third is a practicable and wise course. It is now possible to see how much progress has been made toward fixing a policy. The conditions of the problem are before us. 30, 29. To raise the value, etc. Such an easy reference to a NOTES AND COMMENT 9C principle of political economy should remind us that Burke was a pioneer in this field of statesmanship. 31, 10. From thence they behold, etc.: evidence of Burke's knowledge of American geography. It was more accurate than that of the nobleman who left the office of colonial secretary after many years of service (?) believing New England to be an island. 31, 1 8. Become masters, etc.: a good subject for a cartoon. 31, 20. All the slaves. This is another side of the same truth that Pitt uttered in Parliament when it was announced that the Americans were resisting the Stamp Act. "In my opinion, this kingdom has no right to lay a tax on the colonies. . . . Sir, I rejoice that America has resisted. Three millions of people so dead to all the feelings of liberty as voluntarily to submit to be slaves, would have been fit instruments to make slaves of the rest." 31,25. Lair of wild beasts: a reference to the " royal wilder- ness" of paragraph 49. 31, 27. Our policy hitherto: repeating the thought in para- graph 17, "wise and salutary neglect." Eventually this idea will dominate in the speech. 32, 10. Their marine enterprises. Burke takes three para- graphs to treat the circumstance, population, in its bearing on the first mode of procedure. But here in paragraph 52, he treats the remaining circumstances, commerce, agriculture and fisheries, all under one head, marine enterprises. He saw that agriculture was significant only from the commercial point of view. To take a profound view of related particulars is one of the marks of a statesman. Burke showed in paragraph 20, a similar insight regarding the African and West Indian trade. 32, 23. A little preposterous. In this sentence Burke reduces the "method" to an absurdity. He deals with it in like manner from the point of view successively of every one of the six causes of the spirit of liberty. Then he takes up the second "method." 33, i. Spoliatis anna supersunt. "To the impoverished re- mains the privilege of insurrection." (Juvenal, eighth Satire.) 33, 5. Fierce: because passionately fond of freedom. 100 NOTES AND COMMENT 33, 9. Detect: reveal. 33, 17. Confide to: now confide in. 33, 27. Chargeable: expensive. 33, 29. Kept in obedience. Mr. Hammond Lamont quotes from Burke's Address to the King, "That the establishment of such a [military] power in America will utterly ruin our finances though its certain effect is the smallest part of our concern. It will become an apt, powerful, and certain engine for the destruc- tion of our freedom here. Great bodies of armed men, trained to a contempt of popular assemblies representative of an English people, kept up for the purpose of exacting impositions without their consent, and maintained by that exaction, instruments in subverting, without any process of law, great ancient establish- ments and respected forms of governments, set fr~e from, and therefore above, the ordinary English tribunals of the country where they serve, these men cannot so transform themselves merely by crossing the sea, as to behold with love and reverence, and submit with profound obedience to, the very same things in Great Britain which in America they had been taught to despise, and had been accustomed to awe and humble." 34, 15. As: though. 34, 19. One of whose causes of quarrel, etc. This is one of Burke's characteristic turns of thought which flood a situation with light. No wonder he felt he could afford to spend a mo- ment in the whimsical illustrations which follow. 35, 9. The late exercise of our authority. All the serf ously irritating legislation had taken place within the preceding decade. 35, 15. Too big. Here again begins the discussion of that circumstance, population. This is the only item fully discussed in this connection. Hereafter Burke takes it for granted that the nature and circumstances of the colonies are clearly in the minds of the members. A more methodical debater would have clung to his formal analysis; but to drop that and not lose in force of argument proves the master. Burke's genius is shown not so much by the plan of the speech, as by the fact that the speech is powerful in spite of interruptions of the plan. NOTES AND COMMENT 101 35, 20. Civil dissensions. There are several such terms in this paragraph, used to impress Parliament with the need of reason in dealing with America. 35, 28. Sir Edward Coke. Burke evidently draws a mental parallel between this infamous magistrate and the party which would indict the American people. The type of justice dispensed by this Elizabethan Attorney-General may be seen in a citation from the trial of Sir Walter Raleigh "At the repeating of some things Sir Walter Raleigh inter- rupted him (Coke), and said he did him wrong. "Coke. Thou art the most vile and execrable traitor that ever lived. "Raleigh. You speak indiscreetly, barbarously, and uncivilly. "Coke. I want words sufficient to express thy viperous trea- sons." 35, 30. Ripe: ready. 36, 6. Distinguished from a single state. Compare lines 16-26 of the preceding paragraph. 36, 10. Constitutions: here used concretely. 36, 12. Many local privileges. Compare the last half of paragraph 43. 36, 19. Ex vi termini: "from the very meaning of the term." 36, 31. Will it not teach them, etc. Another powerful turn of thought, and one which shows Burke's intense sympathy with the colonists. 37 5- We are indeed, etc. Here Burke returns to the ques- tion of criminal procedure. The preceding paragraph may be regarded as a digression into the philosophy of imperial govern- ment. Can you find the results of the digression used in para- graph 62? 37, 17. Right. The play on this word in line 19 is justified by the context. 37, 21. The most vexatious of all injustice. Compare Cic- ero, summum jus, summa injuria, "the extreme of the law is the extreme of injustice." 37, 23. Civil litigant in point of right is balanced with whose 102 NOTES AND COMMENT moral quality, etc.; culprit before me, with while I sit as a criminal judge, etc. 38, 3. Have seemed to adopt that mode. The bearing of the Massachusetts case upon the wisdom of the grand penal bill is direct and forcible. It shows up both the principles and the legis- lators involved. When Burke speaks of criminal proceedings against America, it is such bills and such men that he has in mind. 38, 5. Formerly addressed. In 1777 Burke wrote to the sheriffs of Bristol as follows: "It is necessary, gentlemen, to ap- prise you that there is an act, made so long ago as in the reign of Henry VIII, before the existence or thought of any English col- onies in America, for the trial in this kingdom of treasons com- mitted out of the realm. In the year 1769 Parliament thought proper to acquaint the Crown with their construction of that act in a formal address, wherein they entreated his Majesty to cause persons charged with high treason in America to be brought into this kingdom for trial. By this act of Henry VIII., so construed and so applied, almost all that is substantial and beneficial in a trial by jury is taken away from the subjects in the colonies. This is, however, saying too little; for to try a man under that act is, in effect, to condemn him unheard. A person is brought hither in the dungeon of a ship's hold; thence he is vomited into a dun- geon on land, loaded with irons, unfurnished with money, unsup- ported by friends, three thousand miles from all means of calling upon or confronting evidence, where no one local circumstance that tends to detect perjury can possibly be judged of; ; such a person may be executed according to form, but he can never be tried according to justice." 38, 1 8. Menaces is largely explained by penal laws in line 20, and force in line 23. Both houses of Parliament had also ad- dressed the king with heated and numerous assurances of their readiness to support the royal authority in the colonies. 38, 20. Penal laws: such as the Stamp Act, the Tea Duty, the Act for the Quartering of Soldiers upon the colonists, the Boston Port Bill, the Act for the Impartial Administration of Justice in Massachusetts, and various other attempts to coerce the Americans, down to the pending penal bill. NOTES AND COMMENT 103 38, 23. By land and sea: about 3,000 seamen in nineteen vessels; together with the shore garrisons which the king had re- cently asked the House of Commons to increase. 38, 28. Correctly: exactly, 39, 9. The characteristic mark and seal of British freedom was the privilege of self-taxation. 39, 20. Nothing to do with the question of the right, etc. Observe the emphasis on the word "right." The whole speech is concerned with the subject of "taxation." 39, 30. Polity: government. 40, 9. Serbonian bog. Herodotus found this bog in Northern Egypt, but it has long since disappeared. With it Milton com- pares certain regions of Hell, over which the bands of fallen angels wandered while Satan was on his journey to Earth. Burke in a previous debate had not hesitated to admit that Par- liament had an unquestionable right to tax America. But in such matters his appeal was to expediency, as, in government, the higher law. 40, 13. The question with me is, etc.: a powerful antithesis compelling attention to the practical side of the problem of Amer- ican taxation. There is compressed into this sentence most of Burke's general policy toward the colonies. The last two questions in the paragraph emphasize the idea of line 15. Compare paragraph 34. 41, 3. Solemnly abjured. One of Johnson's strong points in his Taxation no Tyranny was that by voluntarily quitting England the colonists had resigned their right to self-government. 41, 1 6. An interest in the constitution means a share in such privileges as the constitution secures for citizens. Burke proposes to make the Americans feel they have lost nothing of their birth- right of citizenship by emigrating. 41, 23. Understood principle. The Stamp Tax was repealed as a revenue act, not as a trade lav,., a distinction on which the next four or five paragraphs dwell. Trade laws had been en- forced upon the colonies for over a century, with comparatively slight objection on their part. 41, 26. To give perfect content. It is an interesting question 104 NOTES AND COMMENT for discussion, whether it was still possible for England perma- nently to bind the thirteen colonies to herself. 42, i. American financiers: members who hope for any con- siderable revenue from the colonies. 42, 3. Exquisite: apprehensive. Compare inquisitive. 42, 8. Further views. Burke discusses this argument in para- graph 75. It was a favorite one with the opponents of concession. 42, 13. A gentleman: Mr. Rice, one of those holding the opinion that the colonies would take an ell if given an inch. It was quite generally suspected that America was aiming at inde- pendence. 42, 23. Shall: is bound to; the old sense of the word. 43, 19. Confine is intensified by narrow. 44, 1 1 . Decency : courtesy to an opponent due to one's self. 44, 2 1 . Panic fears : imaginary fears such as the god Pan was supposed to inspire by the loneliness and shadows of the woods, the howling of the wind, etc. 44, 31. Suspicions, conjectures, divinations. Each term condemns some special objection. Suspicions show lack of faith in American loyalty; conjectures are mere guesses at what so energetic a people may do; divinations indicate superstition. 45, 9. Wisdom of our ancestors. Conservatism is the key- note of Burke's statesmanship. 45, 20. Issue of their affairs. Judging from the relative co- lonial strength of Spain and England to-day, the genius of Philip would seem completely to have misled his clients. 45, 23. The English constitution is not, like that of the United States, a written body of fundamental principles of government. It consists of various great pieces of legislation, of judicial and parliamentary precedents, and of many unwritten laws. This does not mean that the English constitution is vague or fragile, but sim- ply that the principles underlying all these concrete expressions of the national spirit have not been abstracted, and formulated, as ours have, in a single document. Burke frequently uses the word constitution not as here, but as in paragraph 77, to indicate the national spirit itself, its powers, its claims, its responsiveness, its freedom, its unity. NOTES AND COMMENT 105 45,25. Four capital examples. There was no superstition in consulting this oracle, the history of four important cases similar to that of America. 45, 28. Ireland before the English conquest was a seething mass of petty kingdoms. Henry II in 1172 conquered a strip of land on the East, and peopled it with English subjects. This sec- tion was called the Pale; and this alone partook of the feast of Magna Charta and enjoyed the other English privileges as they were granted. After several so-called conquests, the whole coun- try was subdued by force in the reign of Elizabeth, and granted civil rights in that of her successor. 46, 1 8. Sir John Davies: speaker of the first Irish House of Commons, in the reign of James I. The work to which Burke refers has an interesting title, "Discovery of the true causes why Ireland was never entirely subdued or brought under Obedience of the Crown of England until the Beginning of his Majesty's happy Reign." 46, 24. Civility: civilization. 46,29. Changed the people: especially in the North by the colonization of Ulster in 1610. (See Green's Short History, pp. 439-453, for an account of the affairs of Ireland up to the reign of Charles I.) Altered the religion. The Church of England supplanted the Church of Rome. 47, 3. Usurpation: the Commonwealth and Protectorate, 1649-1660. 47, 4. The glorious revolution of 1688, which brought in William of Orange and the Bill of Rights. 47> 7- Principal part: another evidence of Burke's love for Ireland. 47, 1 3 . An exception to prove the rule : a complacent use of an old Latin adage. The saying has no point, however, unless the case in hand is admitted to be exceptional. 47, 17. Lucrative: not lucrative. 47, 1 8. The stated and fixed rule has been that Ireland should tax herself. When a breach has been made in this con- stitution (i.e., institution or rule) she has raised no taxes. 47, 32. Lords Marchers: lords of the marches or frontiers. 106 NOTES AND COMMENT They were sanctioned by the early English kings to rJe such ter- ritory in Wales as they could seize and hold. After Edward I conquered the country, a movement toward introducing English laws and customs began, which, notwithstanding fifteen penal reg- ulations, did not succeed till Henry VIII gave the Welsh an interest in the English constitution. 48, 5. Secondary: incidental to his military authority. Burke slyly defines this government in such terms as strongly to suggest recent attempts to control Virginia (Dunmore) and Massachusetts (Gage) by military power. 48, 21. Disarm New England. General Gage was ordered to seize the military stores at Cambridge and other places, and bring them to Boston. 49, 4. Rid: old form of rode. Incubus: a nightmare; an oppressive burden. 49, 13. Ill-husbandry: false economy. 49, 14. Tyranny of a free people: tyranny exercised by a free people. 50, 5. Simul alba nautis. etc. "Their clear star has shone forth upon the sailors, and lo, the stormy seas flow back down the rocks, the winds are stilled, the clouds flee away, and, at their bidding, the threatening waves subside upon the deep." (Horace's ode in praise of Castor and Pollux.) 50, ii. County Palatine: a county which the owner rules as a king his palace. 50, 17. Standing army: of 2,000 archers, hired by the tyrant as his bodyguard. 50, 21. Shewen: old form of show; its subject, inhabitants. 50, 23. Where: whereas. 50, 26. Knights and burgesses: representatives of counties and towns respectively. 50, 27. Disherisons: deprivations of property. 50, 30. Commonwealth: welfare. 51, 4. Ne: nor. 51, 7. Derogatory: injurious. Compare with derogation in line 13. 51, 12. Libel: undeserved or improper censure. NOTES AND COMMENT. 107 51, 14. Over. We say upon. 51, 17. Temperament: tempering, moderating. 52, i . Abstract extent. Refer to paragraph 82. Burke's pur- pose is to silence those who fear the destructive effect of conceding the vital privilege of taxation. 52, 3. Any considerable district: an echo of the argument in paragraph 59. 52, 15. Judge Harrington: presiding over three counties of Wales. 52, 24. Virtually represented: by having laws made for them by the representatives of one-ninth of the English people; only one million out of nine having the right to elect members to Par- liament. 53, 7. Opposuit natura: "nature opposes it." (Juvenal, tenth Satire.) 53, 25. Republic, Utopia, Oceana: ideal commonwealths; the first produced in the fourth century, B. c., the others in the fifteenth and seventeenth centuries, A. D., respectively. 53, 28. Rude swain. Milton, Comus, line 634, has dull swain. Such slight inaccuracies would not occur if the text were consulted with deliberate intent to quote, or if Burke did not in his own mind lay the chief stress on the thought-content of the quotation. 53, 29. Clouted shoon: shoes, heavy and bungling because either roughly patched, or studded with nails. 54, 5. The year 1763 saw Grenville throw over the policy of salutary neglect, and adopt exaction and compulsion in colonial government. 54, 6. My resolutions. The substance of the resolutions is suggested by the italics in this paragraph. They will repay care- ful consideration in pairs, grant and imposition; dutiful and beneficial; benefit and futility. 54, 10. Aids: another synonym for supplies, subsidies, revenue. 55, 4. Fourteen governments. The fourteenth government was either Quebec or Nova Scotia. Authorities differ as to just what Burke had in mind. 108 NOTES AND COMMENT 55, 20. Subsidies given, granted and assented to. This really means taxes, demanded of the colonies. 55, 29. Non meus hie sermo, etc. "The doctrine is not mine, but that of Ofellus; who, though a rustic, is wise after a fashion of his own." (Horace, second Satire.) 55, 31. Produce: product is more precise. 56, 3. Metal, stones, tracks. Here is profusion, if not con- fusion, of metaphors. The thought of venerable rust may have come from Juvenal (thirteenth Satire); the thought of profaning the altar with tools was evidently suggested by Exodus, 22. 56, 29. Grieved in their privileges. Burke uses a strong illustration of this fact in his speech on American Taxation. "The feelings of the colonies were formerly the feelings of Great Britain. Theirs were formerly the feelings of Mr. Hampden, when called upon for the payment of twenty shillings. Would twenty shill- ings have ruined Mr. Hampden's fortune? No! but the payment of half twenty shillings on the principle it was demanded would have made him a slave." 57, 1 5 . Lord Hillsborough, being colonial secretary, wrote to America a public assurance that the ministry intended not only to !ay no further taxes on the colonies, but to remove the duties then levied on glass, paper and colors, as duties laid contrary to the true principle of commerce. 57, 20. The resolution: the "project." 58, 1 6. Paradoxically. The contradiction was between their theories and their practice. In theory, prominently held by Gren- ville, Parliament alone could grant supplies to the crown. Yet practically the thing was done by certain colonies every year. 58, 2 1 . Some of the law servants. In 1766 Lord Mansfield declared it unconstitutional for any number of people without the consent of Parliament, to raise money for the king. 58,22. If the crown could be responsible. It is an accepted fiction that the king can do no wrong. Credit may accrue to him from wise government; errors discredit his ministers. 59, 10. So high: "so far back." (Lamont.) NOTES AND COMMENT 109 59, 26. Public credit: an incidental evidence of the legality of the grant. 60, 19. Two things. Compare the fifth resolution. 61, 2. Miserable stories. Lamont quotes from Franklin's tes- timony before Parliament: "America has been greatly misrep- resented and abused here in papers and pamphlets and speeches, as ungrateful and unreasonable and unjust, in having put this nation to immense expense for their defence and refusing to bear any part of that expense." Two and a half millions had been their contribution towards defraying the expenses of the French and Indian War. 61, 3. Misguided people: the people of England. 61, 15. Subject to the payment of taxes : not taxes formally laid, but debts assumed in response to requisitions from the ministers of the crown. 61, 26. Requisition. The word is more formal and authorita- tive than request, but less arbitrary than imposition. See require in the fifth resolution. * -61, 30. Revenue by grant: revenue voted in the colonial assemblies. 62, 12. Granting, etc. This is the interest in the British Constitution Burke wished to give America. 63, 6. The following resolution has several points in com- mon with what the colonists called the Intolerable Acts. 63, 10. Granting: levying. 63, 1 2 . Drawback : a rebate allowed on the import duty when imported goods were exported. 63, 1 6. Clandestine running: smuggling. 63, 19. An act to discontinue: the Boston Port Bill. 63, 25. An act for the impartial administration of justice: the Transportation Act. This provided for the transportation to England or to another colony, of any person accused of a capital offence committed while aiding the magistrates to enforce the law. It was this act which, as Burke said, put the king's soldiers beyond, and therefore above, the courts of an English colony. 63, 3 1 . An act for the better regulating, etc. This abroga- 110 NOTES AND COMMENT ted the charter-government of Massachusetts. It is explained in paragraph 46, and the note on it. See page 98. 63, 34. An act for the trial of treasons. See note on line 4, page 38. 64, 8. Restraining Bill: the "grand penal bill." 64, 12. Equal guilt. Circumstances conspired to give Eng- lishmen the impression that Massachusetts (especially Boston) was the most aggressive of the American malcontents. 64, 20. Less power: for example, in the matter of veto. 64, 27. Exceptionable: blameworthy. 64, 32. The returning officer: the sheriff in his capacity as summoner of juries. 65, 5. Temporary: to remain in force three years. There is a gibe at this idea in the following sentences. 65, 15. In places, etc. Burke feels that the American colo- nies, with English charters, having the law intelligently admin- istered (see paragraph 42), do not come under this head. 65, 17. Having guarded: by several of the items of the first corollary resolution. Some of those items have a double bear- ing, however. 65, 23. Settled salary: settled not by the king, but by vote of the local legislature; and paid not out of rents accruing to the king (which would compromise a judge's independence), but by colonial grant. 65, 27. During good behavior: and not during the pleasure of the king. 65, 29. On complaint. The complaint might originate with the general assembly, that is, council and house of representatives in conjunction ; or it might originate with any separate branch of the colonial government. 66, i. Courts of admiralty: in which marine questions and customs cases were settled. By an atrocious plan which had just been changed when this speech was delivered, the admiralty- justice was paid with a portion of the goods condemned in his own court, a third of all seizures also going to the governor of the province. Naturally seizures were thought desirable by these officials. In the course of discussion Burke was informed NOTES AND COMMENT 111 of the redress of this grievance, and the resolution was amended. 66, 6. Commodious: convenient. They were few and far apart. 66, 20. Consequential: consequent. 66, 31. The first will be, etc. The straw man that Burke now sets up is an interesting dummy. Burke shows what he is made of in paragraph 119. 67, 1 1 . Inconclusive : unfounded, that is, not drawn from the language of the preamble with logical accuracy, as a sound con- clusion should be. This is an unusual sense of the word, which usually means unconvincing. 67, 1 6. Moved to have read: in order to prove that the taxa- tion of dependencies without their voice had always been the right of Parliament. 67, 1 8. In favor of his opinions. Pitt replied that he would cite the same preambles to show that former Parliaments had been ashamed of this arbitrary taxation and had abandoned it. 67, 21. As favorable as possible to both: but distinctly more favorable to Pitt, and now to Burke, than to Grenville. 67, 30. De jure or de facto bound: bound by right, or by fact without regard to right. The question of the right to tax these dependencies was "put totally out of the question." 68, 12. Illation: the name for the mental process which re- sults in an inference. Study the derivation. We Englishmen stop. The remainder of the paragraph is devoted to proving and illustrating the first ten lines. 68, 19. Compromise and barter: a favorite principle with Burke, and one which he did much to teach the world. 68, 30. Apt to make slaves haughty: as a tyrannical govern- ment is apt to beget many corrupt aristocratic dependents. This artificial importance which had undermined the English nation in the reigns of Charles I and Charles II, was exactly what Burke, as a Whig, most strongly opposed. 69, 12. The cords of man: the touch of nature that makes the whole world kin. The expression as used in Hosea xi., means heart-strings, but Burke applies it to common prudence. 69, 24. Security, not the rival : an appeal to the magnanimity 112 NOTES AND COMMENT of his hearers which it seems impossible should have failed to touch them. 69, 30. Some share of those rights: some interest in the British Constitution. 70, ii. Separate legislature. Pitt, the younger, in 1800, bought out the Irish Parliament and united it with that of Eng- land. 70, 14. Conservation: a stronger term than preservation. 70, 27. Proposition of the noble lord: "the project." 71, 4. Before the committee: of the whole House, Feb. 20. 71, 10. Experimentum, etc.: "experiment on a worthless ob- ject." The rule is, Fiat experimentum, etc. 71, 12. Adverse to: compare aversion from, line 22, page 21. Adverse is generally used of things, not of persons. 71, 23. Proportional payment: taking into consideration the actual wealth of every colony; its wealth compared with that of every other colony; its wealth compared with that of Great Britain; also, the absolute and relative burdens of these various governments. 71, 28. Back door. Compare line 17. The ministry would have to proportion the payments, and Parliament would not dare re-open so complex a question. 73, 8. Composition: compromise. 73, 21. English revenue. English merchants paid duty on the importation of immense quantities of tobacco. 74, 3. Confound the innocent with the guilty: as the penal bill would punish all New England colonies for the sins of part; and as it would include with those who were responsible for the disturbances, many who had been absent at sea. This Restraining Bill was passed over the protest of 4,500 Quakers on Nantucket, who were "entirely innocent in respect to the present disturbances in America, and who would be exposed to all the hardships of famine." (Quoted by Lamont from the Parliamentary History.) 74, 19. Treasury extent: "a writ issued against the body, land and goods of a crown debtor." (Cook.) 24, 27. The Empire of Germany: the tottering Holy Roman Empire, which Napoleon demolished in 1806. NOTES AND COMMENT 113 74, 28. Quotas and contingents: substantially interchange- able terms. Every one of the States, with Austria at their head, was called upon for so much money and so many troops. 75, 1 6. Perplexed and intricate mazes. Compare para- graphs 9 and 10. 76, 1 8. Posita luditur area. "The treasure-chest itself is staked on the game."(Juvenal, first Satire.) 76, 21. Accumulated a debt: proving the possession of a corresponding credit. 77, 2. Has a tendency to increase the stock. It is now- adays a commonplace, that any disturbance of the public mind affects trade. 77, 6. Voluntary flow of heaped up plenty. Observe the cheerfulness with which the burden of our American public ex- penditures is borne at the present time. Observe also this meta- phor, the most elaborate and effective in the whole speech. 77, 19. This game. There is hardly a more suggestive figure of speech in the oration than this. Contrast, in imagination, the state of America as Burke desired it, the game of parties being played in free atmosphere with a voluntary appeal to England as holder of the stakes with the state of America Lord North's plan would produce, in which "absolute power would be ill obeyed because odious, and contracts would be ill kept because con- strained." 78, 1 6. Taxable objects: especially tobacco. 78, 1 8. Foreign sale. Burke's idea is that the duty paid by English merchants on imports from America, is clear gain to the nation, because it is paid out of the profits of these imports when they are resold to other countries. The word you is applied first to the treasury of England, then to the people of England. 78, 29. Her interest. Burke uses the closing paragraphs of the speech to enforce this central principle of his politics. 79, 22. Of price: precious, a Latinism. It suggests the Scriptural "of great price." 79, 23. True Act of Navigation. Emphasis is again laid on the spirit of the constitution. Compare page 76, line 10, "the first of all revenues." 114 NOTES AND COMMENT 79, 29. Registers, bonds, affidavits: as connected with custom-house operations. 79, 30. Sufferances: permits for the shipment of dutiable goods. 79, 3i.Cockets: receipts for payment of duties. Clearances: sailing papers granted to merchantmen. 80, 2. The great contexture of the mysterious whole. (Read Morley's Life of Burke, pages 162 and 163.) 80, 15. Mutiny Bill: a strange name for the act annually passed to provide for certain expenses of the British army. Green gives a luminous account of its original passage, as a corollary of the Bill of Rights in 1639. (Short History, page 666.) 80, 2 2. Nothing hut rotten timber: an expression interesting when contrasted with our modern phrase, "the men behind the guns." 80, 25. Mechanical politicians: relying on "passive tools," etc., paragraph 137. 81, 5. Auspicate: favorably introduce. The word is derived from auspicium, the consultation of the birds by the Roman augurs. It is not quite in harmony with the phrase from the Christian liturgy which follows. 81, 15. As we have got, etc. For the method, see Burke's doctrine of "salutary neglect." This sentence and the ones which immediately precede and follow it, are perhaps the strong- est in the speech. 81, 19. Quod felix faustumque sit! "And may the outcome be happy and successful!" An old Roman invocation. The first stone. Following the six chief resolutions, the cor- ollary three were moved, divided into seven. Not one was passed. 81, 27. Put and carried: in all probability, an editorial blun- der. What was carried, was the intention of the previous question. In English parliamentary practice, the previous question is moved as a tactful way of rejecting a delicate measure. It is moved by a member who intends to vote against his own motion. The resolutions which, in this case, had the previous question put on them were such as no rational being could directly oppose. The resolutions which afforded ground for objection, however were squarely negatived. QUESTIONS AND TOPICS FOR STUDY 1. Trace the beginnings of the policy of taxation, and show how and why America was irritated by the operations of the Brit- ish government in this respect. 2. Argue for the justice of the British policy. 3. Special topics under 1 and 2: a. The Attitude of King George III on the subject of Colonial taxation; b. Of Lord Grenville; c. Of the first William Pitt; d. Of Lord North; e. Of the Continental Congress. 4. What acts did England employ to enforce submission upon the colonists? b. What was the success of this policy? 5. What part had Burke taken in the American controversy previous to March 22, 1775 ? 6. What crises can you recall between the accession of King George in 1760, and the letter of Burke to the Sheriffs of Bristol in 1777? 7. What were the purposes and the effect of Burke's Speech on Conciliation? 8. Discuss the following essential details of the Speech: a. The importance of America as an object of legislative attention; b. Burke's analysis of Colonial character; c. His insistence upon the privilege of self-taxation as the "mark and seal of British freedom"; d. His reply to those who would solve the American prob- lem by the use of force; 115 116 QUESTIONS AND TOPICS FOR STUDY e. The distinction between "trade" and "revenue" laws, and the argument for the repeal of the latter; f. The two questions on which "you must this day decide"; g. The three ways of proceeding relative to the stubborn "spirit of liberty"; h. The first way argued in great detail; i. The second way argued with subtlety; j. The third, or "only remaining way", is supported by the positive proof of an historical analogy; k. Burke 's six main resolutions which he calls the six pillars of the Temple of British Concord; 1. His seven corollary resolutions; m. His opinion of Lord North's plan as a "ransom by auction"; n. His objections to this plan or "project"; o. His doctrines of government as suggested by such phrases as: "salutary neglect," "the power of refusal", "compromise and barter", "interest in the British constitution"; "that sense of dignity and that security to property which ever at- tends freedom, has a tendency to increase the stock of the free community." 9. Study each of the following passages until its meaning becomes clear in its relation to the general drift of Burke's argument. Note especially the parts in italics: a. "They complain that they are taxed in a Parliament in which they are not represented. If you mean to satisfy them at all, you must satisfy them with regard to this complaint." b. "Let us get an American revenue as we have got an American empire. English privileges have made it all that it is; English privileges alone will make it all it can be". 10. Look through the speech a. For brilliant examples of metaphor; b. For evidence of Burke's "knowledge of human nature"; c. For evidences of Burke's familiarity with social usages in England in 1775? d. For evidence of his advanced views on what we call the "science of economics"? QUESTIONS AND TOPICS FOR STUDY 117 11. What principles expressed in this speech might apply in a discussion of the problems of modern government: a. Of Egypt by England? Of South Africa? b. Of the Philippines by the United States? c. Of our territories by the federal power? d. Of Canada? Of Ireland? UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. DrURi; - Form L9-Series 4939 UC SOUTHERN REGIONAL LIBRARY FACILITY A 001 055 024 2 I 1 i