thofe, who are refolved always to be in the right, will deny to contain matter of fact, as applied to the prefent cafe; although Parliament thought them true, with regard to Chester and Durham. They will deny that the Americans were ever touched and grieved" with the taxes. If they confider nothing in taxes but their weight as pecuniary impofitions, there might be fome pretence for this denial. But men may be forely touched and deeply grieved in their privileges, as well as in their purfes. Men may lofe little in property by the act which takes away all their freedom. When a man is robbed of a trifle on the highway, it is not the Two-pence loft that conftitutes the capital outrage. This is not confined to privileges. Even ancient indulgences withdrawn, without offence on the part of those who enjoyed fuch favours, operate as grievances. But were the Americans then not touched and grieved by the taxes, in fome measure, merely as taxes? If fo, why were they, almost all, either wholly repealed or exceedingly reduced?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 II? Elfe why were the duties firft 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 A&t? I fhall fay they were, until that tax is revived. Were they not touched and grieved by the duties of 1767, which were likewise repealed, and which, Lord Hillsborough tells you (for the miniftry) were laid contrary to the true principle of commerce? Is not the affurance given by that noble person to to the Colonies, of a refolution to lay no more taxes on them, an admiffion that taxes would touch and grieve them? Is not the refolution of the noble Lord in the blue ribband, now ftanding on your Journals, the strongest of all proofs that parliamentary fufidies really touched and grieved them? Elfe, why all thefe changes, modifications, repeals, affurances, and refolutions? The next propofition is-"That, from the diftance of the jaid Colonies, and from other circumstances, no method bath bitherto been devised for procuring a reprefentation in Parliament for the jaid ColoBies." This is an affertion of a fact. I go no further on the paper; though, in my private judgment, an ufeful reprefentation is impoffible; I am fure it is not defired by them; nor ought it perhaps by us; but I abitain from opinions. The fourth refolution is-" That each of the faid Colonies hath within itself a body, chofen in part, or in the whole, by the freemen, freeholders, or other free inbabitants thereof, commonly called the Generul Affembly, or General Court, with powers legally to raife, levy, and affefs, according to the feveral ufage of fuch Colonies, duties and taxes towards defrrying all forts of public fervices." This competence in the Colony affemblies is certain. It is proved by the whole tenor of their acts of fupply in all the affemblies, in which the conttant ftyle of granting is," an aid to his Majetty: and acts granting to the Crown have regularly, for near a century, paffed the public offices without difpute. Those who have been pleafed paradoxically to deny this right, holding that none but the British parliament can grant to the Crown, are wifhed to look to what is done, not only in the Colonies, but in Ireland, in one uniform unbroken tenour every feffion. Sir, I am furprised, that this doctrine fhould come from fome of the law fervants of the Crown. I fay, that if the Crown could be refponfible, his Majefty-but certainly the minifters, and even thefe law officers themfelves, thro' whofe hands the acts pafs, biennially in Ireland, or annually in the Colonies, are in an habitual course of committing impeachable offences. What habitual offenders have been all Prefidents of the Council, all Secretaries of State, all Firft Lords of Trade, all Attorneys and all Solicitors General! However, they are fafe; as no one impeaches them; and there is no ground of charge againtt them except in their own unfounded theories. The fifth refolution is alfo a refolution of fact-" That the jaid General Assemblies, General Courts, or other bodies legally qualified as aforefaid, have at fundry times freely granted feveral large fubfidies and public aids for his Majefty's fervice, according to their abilities, when required thereto by letter from one of bis Majefty's principal Secretaries of State; and that their right to grant the jame, and their cheerfulness and fufficiency in the faid grants, have been at fundry times acknowledged by Parliament." To lay nothing of their great expences in the Indian wars; and not to take their exertion in foreign ones, fo high as the fupplies in the year 1695; not to go back to their public contribution in the year 1710; I thall begin to travel only where the Journals give me light; refolving to deal 1 deal in nothing but fact, anthenticated by parliamentary record: and to build myfelf wholly on that folid basis. On the 4th of April 1748 *, a Committee of this House came to the following Resolution: "Refolved, "That it is the opinion of this Committee, that it is juft and reasonable that the feveral Provinces and Colonies of Maffachufet's Bay, New Ham/fhire, Conneciicut and Rhode Island, be reimbursed the expenfes they have been at in taking and fecuring to the Crown of Great Britain, the Inland of Cape Breton, and its dependencies." Thefe expences were immenfe for fuch Colonies. They were above 200,000l. fterling; money first raised and advanced on their public credit. On the 28th of January 1756 †, a meffage from the King came to us, to this effect" His Majefly, being fenfible of the zeal and vigour with which his faithful jubjects of certain Colonies in North-America have exerted themselves in defence of His Majefty's just rights and poffefions, recommends it to this Houfe to take the fame into their confideration, and to enable His Majefty to give them fuch affiftance as may be a proper reward and encouragement. On the 3d of February 1756 I the Houfe came to a fuitable refolution, expreffed in words nearly the fan as those of the message: but with the further addition, that the money then voted was as an encouragement to the Colonies to exert themselves with vigour. It will not be neceffary to go through all the teftimonies which your own records have given to the truth of my refolutions. I will only refer you to the places in the Jour nals: Vol. XXVII.-19th and 10th May 1757. Vol. XXVIII.-June 1ft, 1758Aprit 26th and 30th, 1759-March 26th and 31ft, and April 28th, 1760-Jan. 9th and 20th, 1761. Vol. XXIX.-Jan. 22d and 26th, 1762-March 14th and 17th, 1763. Sir, here is the repeated acknowledgment of Parliament, that the Colonies not only gave, but gave to fatiety. This nation has formally acknowledged to two things; first, that the Colonies had gone beyond their abilities, Parliament having thought it neceffary to reimburse NOTE S Journals of the House, Vol. XXV. +Journals of the House, Vol. XXVII. Ibid. them; fecondly, that they had acted legally and laudably in their grants of money, and their maintenance of troops, fince the compenfation is exprefly given as reward and encouragement. Reward is not bestowed for acts that are unlawful; and encouragement is not held out to things that deferve reprehension. My refolution therefore does nothing more than collect into one propofition, what is fcattered through your Journals. I give you nothing but your own: and you cannot refufe in the grofs, what you have so often acknowledged in detail, The admiffion of this, which will be so honourable to them and to you, will, indeed, be mortal to all the miferable flo ries, by which the paffions of the mifguided people have been engaged in an unhappy fyftem. The people heard, indeed, from the beginning of thefe difputes, one thing continually dinned in their ears, that reason and juftice demanded, that the Americans, who paid no Taxes, fhould be compelled to contribute. How did that fact of their paying nothing fland, when the Taxing Syftem began? When Mr. Grenville began to form his fyftem of American Revenue, he ftated in this Houfe, that the Colonies were then in debt two millions fix hundred thousand pounds fterling money; and was of opinion they would discharge that debt in four years. On this fute, those untaxed people were actually fubject to the payment of taxes to the amount of fix hundred and fifty thousand a year. In fact, however, Mr. Grenville was miftaken. The funds given for finking the debt did not prove quite fo ample as both the Colonies and he expected. The calculation was too fanguine: the reduction was not completed till fome years after, and at different times in different Colonies. However, the Taxes after the war continued too great to bear any addition, with prudence or propriety; and when the burdens impofed in conefquence of former requifitions were discharged, our tone became too high to refort again to requifition. No Colony, fince that time, ever has had any requifition whatsoever made to it. We see the fenfe of the Crown, and the fenfe of Parliament, on the productive nature of a Revenue by Grant. Now fearch the fanie Journals for the produce of the Revenue by impofition-Where is it?-let us know the volume and the page? what is the grofs, what is the net produce?-to what fervice is it applied? how have you appropriated its furplus? -What, can none of the many fkilful Index-makers, that we are now employ- therein mentioned,the landing and discharging, find any trace of it?-Well, leting, lading or shipping, of goods, wares, them and that reft together.-But are the and merchandize, at the town and within Journals, which fay nothing of the Re the harbour of Bafton, in the Province of venue, as filent on the difcontent?-Oh Maffachufert's Bay, in North America.no! a child may find it. It is the melan- And that it may be proper to repeal an choly burden and blot of every page. act, made in the fourteenth year of the reign of his prefent Majefty, intituled, An act for the impartial administration of juftice, in the cafes of perfons queftioned for any acts done by them, in the execution of the law, or for the juppreffion of riots and tumults, in the province of Massachufett's-Bay in New-England — And that it may be proper to repeal an act, made in the fourteenth year of the reign of his prefent Majeffy, intituled, An act for the better regulating the Government of the province of Massachusett's-Bay in New England.-And alfo that it may be proper to explain and amend an act, made in the thirty-fifth year of the reign of Henry the Eighth, intituled, An act for the Trial of Treafons committed out of the King's Dominions." I think then I am, from thofe Journals, juftified in the fixth and laft refolution which is "That it hath been found by experience, that the manner of granting the faid fupplies and aids, by the faid General Affemblies, bath been more agreeable to the faid Colonies, and more beneficial, and conducive to the public fervice, than the mode of giving and granting aids in Parliament, to be raifed and paid in the faid Colonies." This makes the whole of the fundamental part of the plan. The conclufion is irrefiftible. You cannot fay, that you were driven by any neceffity to an exercise of the utmoit Rights of Legiflature. You cannot affert, that you took on yourfelves the task of impofing Colony Taxes, from the want of another legal body, that is competent to the purpofe of fupplying the Exigencies of the State, without wounding the prejudices of the people. Neither is it true that the body fo qualified, and having that competence, had neglected the duty. The queftion now, on all this accumulated matter, is;-whether you will choose to abide by a profitable experience, or a fchievous theory; whether you choose to build on imagination or fact; whether you prefer enjoyment or hope; fatisfaction in your fubjects, or difcontent? If thefe propofitions are accepted, every thing, which has been made to enforce a contrary fyftem, muft, I take it for grant ed, fall along with it. On that ground, I have drawn the following refolution, 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 feventh year of the reign of bis prefent Maefly, intituled, An ad for granting certain duties in the British Colonies and Plantations in America; for allow ing a drawback of the duties of cufoms upon the exportation, from this Kingdom, of coffee and cocoa-nuts of the produce of the laid Colonies or Plantations; for difcontinuing the drawback, payable on China Earthen ware exported to America; and for more effectually preventing the clandefine running of goods in the faid Colonies and Plantations.And that it may be troper to repeal an act, made in the fourteenth year of the reign of his prefent Majefty, intituled, An act to difcontinue, in juch manner, and for fuch time, as are July, 1775. I with, Sir, to repeal the Bofton Port Bill, becaufe (independently of the dangerous precedent of fufpending the rights of the fubject during the King's pleafure) it was paffed, as I apprehend, with lefs regularity, and on more partial principles, than it ought. The corporation of Boston was not heard, before it was condemned. Other towns, full as guilty as fhe was, have had not their ports blocked up. Even the reftraining Bill of the prefent Seffion does not go to the length of the Bolton Port Act. The fame ideas of prudence, which induced you not to extend equal punishment to equal guilt, even when you were punishing, induce me, who mean not to chaitife, but to reconcile, to be fatisfied with the punishment already partially inflicted. Ideas of prudence, and accommodation' to circumitances, prevent you from taking away the Charters of Connecticut and Rhode-ifland, as you have taken away that of Malachusett's Colony, though the Crown has far lefs power in the two former provinces than it enjoyed in the latter; and though the abuses have been full as great, and as flagrant, in the exempted as in the punished. The fame reafons of prudence and accommodation have weight with me in reitoring the Charter of Matfachufett's Bay. Befides, Sir, the act which changes the Charter of Malfachufett's is in many particulars fo exceptionable, that, if I did not with abfolutely to repeal, I would by all means defire to alter it; as feveral of its provifions tend to the fubverfion of all pubFff lic lic and private juftice. Such, among others, is the power of the Governor to change the fheriff at his pleasure; and to make a new returning officer for every fpecial cause. It is hameful to behold fuch a regulation ftanding among English Laws. The act for bringing perfons accused of committing murder, under the orders of Government, to England for Trial, is but temporary. That act has calculat ed the probable duration of our quarrel with the Colonies; and is accommodated to that fuppofed duration. I would haften the happy moment of reconciliation; and therefore muft, on my principle, get rid of that most justly obnoxious act. The act of Henry the Eighth, for the Trial of Treasons, I do not mean to take away, but to confine it to its proper bounds and original intention; to make it exprefsly for Trial of Treafons (and the greatest Treafons may be committed) in places where the jurifdiction of the Crown does not extend. Having guarded the privileges of Local Legiflature, I would next fecure to the Colonies a fair and unbiaffed Judicature; for which purpose, Sir, I propofe the following refolution: "That, from the time when the General Assembly, or General Court of any Colony or Plantation in North America, fhall have appointed by a of Affembly, duly confirmed, a fettled Salary to the offices of the Chief Justice and other Judges of the Superior Court, it may be proper, that the faid Chief Juftice and other Judges of the Superior Courts of fuch Colony, fhall bolt bis and their office and offices during their good behaviour; and fhall not be removed therefrom, but when the faid removal shall be adjudged by bis Majefty in Council, upon a hearing on complaint from the General Affembly, or on a complaint from the Governor, or Council, or the House of Representatives Jever ally, of the Colony in which the faid Chief Fufice and other Judges have exercifed the fard offices." The next refolution relates to the Court of Admiralty. It is this. "That it may be proper to regulate the Courts of Admiralty, or Vice Admirally, authorized by the 15th Chap. of the 4th of George the Third, in fuch a manner as to make the fame more commodicus to those who fue, or are fued in the faid Courts, and to provide for the snore decent maintenance of the Judges in the fame." These Courts I do not wifh to take away; they are in themselves proper effablishments. This Court is one of the capital fecurities of the Act of Naviga tion. The extent of its jurifdiction, indeed, has been increased; but this is alto gether as proper, and is, indeed, on many accounts, more eligible, where new powers were wanted, than a Court abfolutely new. But Courts incommodiouly fituated, in effect, deny juftice; and a Court, partaking in the fruits of its own condemnation, is a robber. The congrefs complain, and complain justly, of this grievance *. Thefe are the three confequential propofitions. I have thought of two or three more; but they come rather too near detail, and to the province_of_executive Government, which I wifh Parliament always to fuperintend, never to affume. If the first fix are granted, congruity will carry the latter three. If not, the things that remain unrepealed will be, I hope, rather unfeemingly incun.brances on the building, than very materially detrimental to its ftrength and ftability. Here, Sir, I fhould clofe; but that I plainly perceive fome objections remain, which I ought, if poffible, to 'remove, The firft will be, that, in reforting to the doctrine of our ancestors, as contained in the preamble of the Chefter-act, I prove too much; that the grievance from a want of reprefentation, itated in that preamble, goes to the whole of Legislation as well as Taxation. And that the Colonies, grounding themselves upon that doctrine, will apply it to all parts of Legislative Authority. To this objection, with all poffible deference and humility, and withing as lit tle as any man living to impair the finalleft particle of our fupreme authority, I answer, that the words are the words of Parliament, and not mine; and, that all falfe and inconclufive inferences, drawn from them, are not mine; for I heartily disclaim any fuch inference, I have chofen the words of an act of Parliament, which Mr. Grenville, furely a tolerably zealous and very judicious advocate for the fovereignty of Parliament, formerly moved to have read at your table, in confirmation of his tenets. It is true that Lord Chatham confidered these preambles as declaring ftrongly in favour of his opinions. He was a no lefs powerful advocate for the privileges of the AmeriNOTE. The Solicitor-general informed Mr. B. when the refolutions were feparately moved, that the grievance of the judges partaking of the profits of the feizure had been redreffed by office; accordingly the resolution was amended, cans. Ought I not from hence to prefume, that these preambles are as favourable as poffible to both, when properly understood; favourable both to the rights of Parliament, and to the privilege of the dependencies of this crown? But, Sir, the object of grievance in my refolution, I have not taken from the Chester, but from the Durham aft, which confines the hardship of want of representation, to the cafe of fubfidies; and which therefore falls in exactly with the cafe of the Colonies. But whether the unreprefented counties were de jure, or de facto, bound, the preambles do not accurately diftinguish; nor indeed was it neceffary; for, whether de jure, or.de facio, the Legiflature thought the exercife of the power of taxing, as of right, or as of fact without right, equally a grievance and equally oppreffive. I do not know that the Colonies have, in any general way, or in any cool hour, gone much beyond the demand of immunity in relation to taxes. It is not fair to judge of the temper or difpofitions of any man, or any fet of men, when they are compofed and at reft, from their conduct, or their expreffions, in a flate of disturbance and irritation. It is befides a very great miftake to imagine, that mankind follow up, practically, any speculative principle either of government, or of freedom, as far as it will go in argument and logical illation. We Englishmen ftop very fhort of the principles upon which we fupport any given part of our conftitution; or even the whole of it together. I could eafily, if I had not already tired you, give you very striking and convincing inftances 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 compromife and barter. We balance inconveniencies: we give and take; we remit fome rights, that we may enjoy others; and, we choose rather to be happy citizens, than fubtle difputants. As we must give away fome natural liberty, to enjoy civil advantages; fo we muft facrifice fome civil liberties, for the advantages to be derived from the communion and fel. lowfhip of a great empire. But in all fair dealings, the thing bought muft bear fome proportion to the purchase paid. None will barter away the immediate jewel of his foul. Though a great houfe is apt to make flaves haughty, yet it is purchasing a part of the artificial importance of a great empire too dear, to pay for it all effential rights, and all the in trinfic dignity of human nature. None of us who would not risk his life, rather than fall under a government purely arbitrary. But, although there are fome amongst us, who think our conftitution wants many improvements, to make it a complete fyftem of liberty, perhaps none, who are of that opinion, would think it right to aim at fuch improvement, by disturbing his country, and risking every thing that is dear to him. In every arduous enterprize, we confider what we are to lofe, as well as what we are to gain; and the more and better ftake of liberty every people poffefs, the lefs 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 intereft; and not on metaphyfical fpecula ons. Ariftotle, the great master of reafoning, cautions us, and with great weight and propriety, against this fpecies of delufive geometrical accuracy in moral arguments, as the most fallacious of all fophiftry. The Americans will have no intereft contrary to the grandeur and glory of England, when they are not oppreffed by the weight of it; and they will rather be inclined to refpect the acts of a fuperintending legiflature, when they fee them the acts of that power, which is itself the security, not the rival, of their fecondary importance. In this affurance, my mind mott perfectly acquiefces; and I confefs, I feel not the leaft alarm, from the difcontents which are to arife, from putting people at their eafe; nor do I apprehend the deftruction of this empire, from giving, by an act of free grace and indulgence, to two millions of my fellow citizens, fome fhare of those rights, upon which I have always been taught to value myself. It is faid indeed, that this power of granting, vefted in American affemblies, would diffolve the unity of the empire; which was preferved, entire, although Wales, and Chester, and Durham, were added to it. Truly, Mr. Speaker, I do not know what this unity means; nor has it ever been heard of, that I know, in the conftitutional policy of this country. The very idea of fubordination of parts excludes this notion of fimple and undivided unity. England is the head; but the is not the head and the members too. Ireland has ever had from the beginning a feparate, but not an independent, legiflature; which, far from diftracting, promoted the union of the whole. Every thing was fweetly and harmoniously difpofed through both Iflands, for the confervation of Euglifh dominion, and the Fffz commu |