To open my whole heart to you on this subject, I do confess, however,

that there were other times, besides the two years in which I did visit

you, when I was not wholly without leisure for repeating that mark of

my respect. But I could not bring my mind to see you. You remember that

in the beginning of this American war (that era of calamity, disgrace,

and downfall, an era which no feeling mind will ever mention without a

tear for England) you were greatly divided,--and a very strong body, if

not the strongest, opposed itself to the madness which every art and

every power were employed to render popular, in order that the errors of

the rulers might be lost in the general blindness of the nation. This

opposition continued until after our great, but most unfortunate victory

at Long Island. Then all the mounds and banks of our constancy were

borne down, at once, and the frenzy of the American war broke in upon us

like a deluge. This victory, which seemed to put an immediate end to all

difficulties, perfected us in that spirit of domination which our

unparalleled prosperity had but too long nurtured. We had been so very

powerful, and so very prosperous, that even the humblest of us were

degraded into the vices and follies of kings. We lost all measure

between means and ends; and our headlong desires became our politics and

our morals. All men who wished for peace, or retained any sentiments of

moderation, were overborne or silenced; and this city was led by every

artifice (and probably with the more management because I was one of

your members) to distinguish itself by its zeal for that fatal cause. In

this temper of yours and of my mind, I should sooner have fled to the

extremities of the earth than hate shown myself here. I, who saw in

every American victory (for you have had a long series of these

misfortunes) the germ and seed of the naval power of France and Spain,

which all our heat and warmth against America was only hatching into

life,--I should not have been a welcome visitant, with the brow and the

language of such feelings. When afterwards the other face of your

calamity was turned upon you, and showed itself in defeat and distress,

I shunned you full as much. I felt sorely this variety in our

wretchedness; and I did not wish to have the least appearance of

insulting you with that show of superiority, which, though it may not be

assumed, is generally suspected, in a time of calamity, from those whose

previous warnings have been despised. I could not bear to show you a

representative whose face did not reflect that of his constituents,--a

face that could not joy in your joys, and sorrow in your sorrows. But

time at length has made us all of one opinion, and we have all opened

our eyes on the true nature of the American war,--to the true nature of

all its successes and all its failures.

In that public storm, too, I had my private feelings. I had seen blown

down and prostrate on the ground several of those houses to whom I was

chiefly indebted for the honor this city has done me. I confess, that,

whilst the wounds of those I loved were yet green, I could not bear to

show myself in pride and triumph in that place into which their

partiality had brought me, and to appear at feasts and rejoicings in the

midst of the grief and calamity of my warm friends, my zealous

supporters, my generous benefactors. This is a true, unvarnished,

undisguised state of the affair. You will judge of it.

This is the only one of the charges in which I am personally concerned.

As to the other matters objected against me, which in their turn I shall

mention to you, remember once more I do not mean to extenuate or excuse.

Why should I, when the things charged are among those upon which I

found all my reputation? What would be left to me, if I myself was the

man who softened and blended and diluted and weakened all the

distinguishing colors of my life, so as to leave nothing distinct and

determinate in my whole conduct?

It has been said, and it is the second charge, that in the questions of

the Irish trade I did not consult the interest of my constituents,--or,

to speak out strongly, that I rather acted as a native of Ireland than

as an English member of Parliament.

I certainly have very warm good wishes for the place of my birth. But

the sphere of my duties is my true country. It was as a man attached to

your interests, and zealous for the conservation of your power and

dignity, that I acted on that occasion, and on all occasions. You were

involved in the American war. A new world of policy was opened, to which

it was necessary we should conform, whether we would or not; and my only

thought was how to conform to our situation in such a manner as to unite

to this kingdom, in prosperity and in affection, whatever remained of

the empire. I was true to my old, standing, invariable principle, that

all things which came from Great Britain should issue as a gift of her

bounty and beneficence, rather than as claims recovered against a

struggling litigant,--or at least, that, if your beneficence obtained no

credit in your concessions, yet that they should appear the salutary

provisions of your wisdom and foresight, not as things wrung from you

with your blood by the cruel gripe of a rigid necessity. The first

concessions, by being (much against my will) mangled and stripped of the

parts which were necessary to make out their just correspondence and

connection in trade, were of no use. The next year a feeble attempt was

made to bring the thing into better shape. This attempt, (countenanced

by the minister,) on the very first appearance of some popular

uneasiness, was, after a considerable progress through the House, thrown

out by _him_.

What was the consequence? The whole kingdom of Ireland was instantly in

a flame. Threatened by foreigners, and, as they thought, insulted by

England, they resolved at once to resist the power of France and to cast

off yours. As for us, we were able neither to protect nor to restrain

them. Forty thousand men were raised and disciplined without commission

from the crown. Two illegal armies were seen with banners displayed at

the same time and in the same country. No executive magistrate, no

judicature, in Ireland, would acknowledge the legality of the army which

bore the king's commission; and no law, or appearance of law, authorized

the army commissioned by itself. In this unexampled state of things,

which the least error, the least trespass on the right or left, would

have hurried down the precipice into an abyss of blood and confusion,

the people of Ireland demand a freedom of trade with arms in their

hands. They interdict all commerce between the two nations. They deny

all new supply in the House of Commons, although in time of war. They

stint the trust of the old revenue, given for two years to all the

king's predecessors, to six months. The British Parliament, in a former

session, frightened into a limited concession by the menaces of Ireland,

frightened out of it by the menaces of England, was now frightened back

again, and made an universal surrender of all that had been thought the

peculiar, reserved, uncommunicable rights of England: the exclusive

commerce of America, of Africa, of the West Indies,--all the

enumerations of the Acts of Navigation,--all the manufactures,--iron,

glass, even the last pledge of jealousy and pride, the interest hid in

the secret of our hearts, the inveterate prejudice moulded into the

constitution of our frame, even the sacred fleece itself, all went

together. No reserve, no exception; no debate, no discussion. A sudden

light broke in upon us all. It broke in, not through well-contrived and

well-disposed windows, but through flaws and breaches,--through the

yawning chasms of our ruin. We were taught wisdom by humiliation. No

town in England presumed to have a prejudice, or dared to mutter a

petition. What was worse, the whole Parliament of England, which

retained authority for nothing but surrenders, was despoiled of every

shadow of its superintendence. It was, without any qualification, denied

in theory, as it had been trampled upon in practice. This scene of shame

and disgrace has, in a manner, whilst I am speaking, ended by the

perpetual establishment of a military power in the dominions of this

crown, without consent of the British legislature,[48] contrary to the

policy of the Constitution, contrary to the Declaration of Right; and by

this your liberties are swept away along with your supreme

authority,--and both, linked together from the beginning, have, I am

afraid, both together perished forever.

What! Gentlemen, was I not to foresee, or foreseeing, was I not to

endeavor to save you from all these multiplied mischiefs and disgraces?

Would the little, silly, canvass prattle of obeying instructions, and

having no opinions but yours, and such idle, senseless tales, which

amuse the vacant ears of unthinking men, have saved you from "the

pelting of that pitiless storm," to which the loose improvidence, the

cowardly rashness, of those who dare not look danger in the face so as

to provide against it in time, and therefore throw themselves headlong

into the midst of it, have exposed this degraded nation, beat down and

prostrate on the earth, unsheltered, unarmed, unresisting? Was I an

Irishman on that day that I boldly withstood our pride? or on the day

that I hung down my head, and wept in shame and silence over the

humiliation of Great Britain? I became unpopular in England for the one,

and in Ireland for the other. What then? What obligation lay on me to be

popular? I was bound to serve both kingdoms. To be pleased with my

service was their affair, not mine.

I was an Irishman in the Irish business, just as much as I was an

American, when, on the same principles, I wished you to concede to

America at a time when she prayed concession at our feet. Just as much

was I an American, when I wished Parliament to offer terms in victory,

and not to wait the well-chosen hour of defeat, for making good by

weakness and by supplication a claim of prerogative, preëminence, and

authority.

Instead of requiring it from me, as a point of duty, to kindle with your

passions, had you all been as cool as I was, you would have been saved

disgraces and distresses that are unutterable. Do you remember our

commission? We sent out a solemn embassy across the Atlantic Ocean, to

lay the crown, the peerage, the commons of Great Britain at the feet of

the American Congress. That our disgrace might want no sort of

brightening and burnishing, observe who they were that composed this

famous embassy. My Lord Carlisle is among the first ranks of our

nobility. He is the identical man who, but two years before, had been

put forward, at the opening of a session, in the House of Lords, as the

mover of an haughty and rigorous address against America. He was put in

the front of the embassy of submission. Mr. Eden was taken from the

office of Lord Suffolk, to whom he was then Under-Secretary of

State,--from the office of that Lord Suffolk who but a few weeks before,

in his place in Parliament, did not deign to inquire where a congress of

vagrants was to be found. This Lord Suffolk sent Mr. Eden to find these

vagrants, without knowing where his king's generals were to be found who

were joined in the same commission of supplicating those whom they were

sent to subdue. They enter the capital of America only to abandon it;

and these assertors and representatives of the dignity of England, at

the tail of a flying army, let fly their Parthian shafts of memorials

and remonstrances at random behind them. Their promises and their

offers, their flatteries and their menaces, were all despised; and we

were saved the disgrace of their formal reception only because the

Congress scorned to receive them; whilst the State-house of independent

Philadelphia opened her doors to the public entry of the ambassador of

France. From war and blood we went to submission, and from submission

plunged back again to war and blood, to desolate and be desolated,

without measure, hope, or end. I am a Royalist: I blushed for this

degradation of the crown. I am a Whig: I blushed for the dishonor of

Parliament. I am a true Englishman: I felt to the quick for the

disgrace of England. I am a man: I felt for the melancholy reverse of

human affairs in the fall of the first power in the world.

To read what was approaching in Ireland, in the black and bloody

characters of the American war, was a painful, but it was a necessary

part of my public duty. For, Gentlemen, it is not your fond desires or

mine that can alter the nature of things; by contending against which,

what have we got, or shall ever get, but defeat and shame? I did not

obey your instructions. No. I conformed to the instructions of truth and

Nature, and maintained your interest, against your opinions, with a

constancy that became me. A representative worthy of you ought to be a

person of stability. I am to look, indeed, to your opinions,--but to

such opinions as you and I _must_ have five years hence. I was not to

look to the flash of the day. I knew that you chose me, in my place,

along with others, to be a pillar of the state, and not a weathercock on

the top of the edifice, exalted for my levity and versatility, and of no

use but to indicate the shiftings of every fashionable gale. Would to

God the value of my sentiments on Ireland and on America had been at

this day a subject of doubt and discussion! No matter what my sufferings

had been, so that this kingdom had kept the authority I wished it to

maintain, by a grave foresight, and by an equitable temperance in the

use of its power.

The next article of charge on my public conduct, and that which I find

rather the most prevalent of all, is Lord Beauchamp's bill: I mean his

bill of last session, for reforming the law-process concerning

imprisonment. It is said, to aggravate the offence, that I treated the

petition of this city with contempt even in presenting it to the House,

and expressed myself in terms of marked disrespect. Had this latter part

of the charge been true, no merits on the side of the question which I

took could possibly excuse me. But I am incapable of treating this city

with disrespect. Very fortunately, at this minute, (if my bad eyesight

does not deceive me,) the worthy gentleman[49] deputed on this business

stands directly before me. To him I appeal, whether I did not, though it

militated with my oldest and my most recent public opinions, deliver the

petition with a strong and more than usual recommendation to the

consideration of the House, on account of the character and consequence

of those who signed it. I believe the worthy gentleman will tell you,

that, the very day I received it, I applied to the Solicitor, now the

Attorney General, to give it an immediate consideration; and he most

obligingly and instantly consented to employ a great deal of his very

valuable time to write an explanation of the bill. I attended the

committee with all possible care and diligence, in order that every

objection of yours might meet with a solution, or produce an alteration.

I entreated your learned recorder (always ready in business in which you

take a concern) to attend. But what will you say to those who blame me

for supporting Lord Beauchamp's bill, as a disrespectful treatment of

your petition, when you hear, that, out of respect to you, I myself was

the cause of the loss of that very bill? For the noble lord who brought

it in, and who, I must say, has much merit for this and some other

measures, at my request consented to put it off for a week, which the

Speaker's illness lengthened to a fortnight; and then the frantic

tumult about Popery drove that and every rational business from the

House. So that, if I chose to make a defence of myself, on the little

principles of a culprit, pleading in his exculpation, I might not only

secure my acquittal, but make merit with the opposers of the bill. But I

shall do no such thing. The truth is, that I did occasion the loss of

the bill, and by a delay caused by my respect to you. But such an event

was never in my contemplation. And I am so far from taking credit for

the defeat of that measure, that I cannot sufficiently lament my

misfortune, if but one man, who ought to be at large, has passed a year

in prison by my means. I am a debtor to the debtors. I confess judgment.

I owe what, if ever it be in my power, I shall most certainly

pay,--ample atonement and usurious amends to liberty and humanity for my

unhappy lapse. For, Gentlemen, Lord Beauchamp's bill was a law of

justice and policy, as far as it went: I say, as far as it went; for its

fault was its being in the remedial part miserably defective.

There are two capital faults in our law with relation to civil debts.

One is, that every man is presumed solvent: a presumption, in

innumerable cases, directly against truth. Therefore the debtor is

ordered, on a supposition of ability and fraud, to be coerced his

liberty until he makes payment. By this means, in all cases of civil

insolvency, without a pardon from his creditor, he is to be imprisoned

for life; and thus a miserable mistaken invention of artificial science

operates to change a civil into a criminal judgment, and to scourge

misfortune or indiscretion with a punishment which the law does not

inflict on the greatest crimes.

The next fault is, that the inflicting of that punishment is not on the

opinion of an equal and public judge, but is referred to the arbitrary

discretion of a private, nay, interested, and irritated, individual. He,

who formally is, and substantially ought to be, the judge, is in reality

no more than ministerial, a mere executive instrument of a private man,

who is at once judge and party. Every idea of judicial order is

subverted by this procedure. If the insolvency be no crime, why is it

punished with arbitrary imprisonment? If it be a crime, why is it

delivered into private hands to pardon without discretion, or to punish

without mercy and without measure?

To these faults, gross and cruel faults in our law, the excellent

principle of Lord Beauchamp's bill applied some sort of remedy. I know

that credit must be preserved: but equity must be preserved, too; and it

is impossible that anything should be necessary to commerce which is

inconsistent with justice. The principle of credit was not weakened by

that bill. God forbid! The enforcement of that credit was only put into

the same public judicial hands on which we depend for our lives and all

that makes life dear to us. But, indeed, this business was taken up too

warmly, both here and elsewhere. The bill was extremely mistaken. It was

supposed to enact what it never enacted; and complaints were made of

clauses in it, as novelties, which existed before the noble lord that

brought in the bill was born. There was a fallacy that ran through the

whole of the objections. The gentlemen who opposed the bill always

argued as if the option lay between that bill and the ancient law. But

this is a grand mistake. For, practically, the option is between not

that bill and the old law, but between that bill and those occasional

laws called acts of grace. For the operation of the old law is so

savage, and so inconvenient to society, that for a long time past, once

in every Parliament, and lately twice, the legislature has been obliged

to make a general arbitrary jail-delivery, and at once to set open, by

its sovereign authority, all the prisons in England.

Gentlemen, I never relished acts of grace, nor ever submitted to them

but from despair of better. They are a dishonorable invention, by which,

not from humanity, not from policy, but merely because we have not room

enough to hold these victims of the absurdity of our laws, we turn loose

upon the public three or four thousand naked wretches, corrupted by the

habits, debased by the ignominy of a prison. If the creditor had a right

to those carcasses as a natural security for his property, I am sure we

have no right to deprive him of that security. But if the few pounds of

flesh were not necessary to his security, we had not a right to detain

the unfortunate debtor, without any benefit at all to the person who

confined him. Take it as you will, we commit injustice. Now Lord

Beauchamp's bill intended to do deliberately, and with great caution and

circumspection, upon each several case, and with all attention to the

just claimant, what acts of grace do in a much greater measure, and with

very little care, caution, or deliberation.

I suspect that here, too, if we contrive to oppose this bill, we shall

be found in a struggle against the nature of things. For, as we grow

enlightened, the public will not bear, for any length of time, to pay

for the maintenance of whole armies of prisoners, nor, at their own

expense, submit to keep jails as a sort of garrisons, merely to fortify

the absurd principle of making men judges in their own cause. For credit

has little or no concern in this cruelty. I speak in a commercial

assembly. You know that credit is given because capital _must_ be

employed; that men calculate the chances of insolvency; and they either

withhold the credit, or make the debtor pay the risk in the price. The

counting-house has no alliance with the jail. Holland understands trade

as well as we, and she has done much more than this obnoxious bill

intended to do. There was not, when Mr. Howard visited Holland, more

than one prisoner for debt in the great city of Rotterdam. Although Lord

Beauchamp's act (which was previous to this bill, and intended to feel

the way for it) has already preserved liberty to thousands, and though

it is not three years since the last act of grace passed, yet, by Mr.

Howard's last account, there were near three thousand again in jail. I

cannot name this gentleman without remarking that his labors and

writings have done much to open the eyes and hearts of mankind. He has

visited all Europe,--not to survey the sumptuousness of palaces or the

stateliness of temples, not to make accurate measurements of the remains

of ancient grandeur nor to form a scale of the curiosity of modern art,

not to collect medals or collate manuscripts,--but to dive into the

depths of dungeons, to plunge into the infection of hospitals, to survey

the mansions of sorrow and pain, to take the gauge and dimensions of

misery, depression, and contempt, to remember the forgotten, to attend

to the neglected, to visit the forsaken, and to compare and collate the

distresses of all men in all countries. His plan is original; and it is

as full of genius as it is of humanity. It was a voyage of discovery, a

circumnavigation of charity. Already the benefit of his labor is felt

more or less in every country; I hope he will anticipate his final

reward by seeing all its effects fully realized in his own. He will

receive, not by retail, but in gross, the reward of those who visit the

prisoner; and he has so forestalled and monopolized this branch of

charity, that there will be, I trust, little room to merit by such acts

of benevolence hereafter.

Nothing now remains to trouble you with but the fourth charge against

me,--the business of the Roman Catholics. It is a business closely

connected with the rest. They are all on one and the same principle. My

little scheme of conduct, such as it is, is all arranged. I could do

nothing but what I have done on this subject, without confounding the

whole train of my ideas and disturbing the whole order of my life.

Gentlemen, I ought to apologize to you for seeming to think anything at

all necessary to be said upon this matter. The calumny is fitter to be

scrawled with the midnight chalk of incendiaries, with "No Popery," on

walls and doors of devoted houses, than to be mentioned in any civilized

company. I had heard that the spirit of discontent on that subject was

very prevalent here. With pleasure I find that I have been grossly

misinformed. If it exists at all in this city, the laws have crushed its

exertions, and our morals have shamed its appearance in daylight. I have

pursued this spirit wherever I could trace it; but it still fled from

me. It was a ghost which all had heard of, but none had seen. None would

acknowledge that he thought the public proceeding with regard to our

Catholic dissenters to be blamable; but several were sorry it had made

an ill impression upon others, and that my interest was hurt by my share

in the business. I find with satisfaction and pride, that not above four

or five in this city (and I dare say these misled by some gross

misrepresentation) have signed that symbol of delusion and bond of

sedition, that libel on the national religion and English character, the

Protestant Association. It is, therefore, Gentlemen, not by way of cure,

but of prevention, and lest the arts of wicked men may prevail over the

integrity of any one amongst us, that I think it necessary to open to

you the merits of this transaction pretty much at large; and I beg your

patience upon it: for, although the reasonings that have been used to

depreciate the act are of little force, and though the authority of the

men concerned in this ill design is not very imposing, yet the

audaciousness of these conspirators against the national honor, and the

extensive wickedness of their attempts, have raised persons of little

importance to a degree of evil eminence, and imparted a sort of sinister

dignity to proceedings that had their origin in only the meanest and

blindest malice.

In explaining to you the proceedings of Parliament which have been

complained of, I will state to you,--first, the thing that was

done,--next, the persons who did it,--and lastly, the grounds and

reasons upon which the legislature proceeded in this deliberate act of

public justice and public prudence.

The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12) · 第 25 / 38 段