I came to town but to-day. I was a stranger to the tenor of his
Majesty’s speech, and the proposed address, till I heard them read
in this House. Unconnected and unconsulted, I have not the means of
information. I am fearful of offending through mistake, and therefore
beg to be indulged with a second reading of the proposed address. [The
address being read, Mr. Pitt went on:] I commend the King’s speech,
and approve of the address in answer, as it decides nothing, every
gentleman being left at perfect liberty to take such a part concerning
America as he may afterward see fit. One word only I cannot approve of:
an “early,” is a word that does not belong to the notice the ministry
have given to Parliament of the troubles in America. In a matter of
such importance, the communication ought to have been _immediate_!
I speak not now with respect to parties. I stand up in this place
single and independent. As to the late ministry [turning himself to Mr.
Grenville, who sat within one of him], every capital measure they have
taken has been entirely wrong! As to the present gentlemen, to those
at least whom I have in my eye [looking at the bench where General
Conway sat with the lords of the treasury], I have no objection. I
have never been made a sacrifice by any of them. Their characters are
fair; and I am always glad when men of fair character engage in his
Majesty’s service. Some of them did me the honor to ask my opinion
before they would engage. These will now do me the justice to own, I
advised them to do it—but, notwithstanding [for I love to be explicit],
_I cannot give them my confidence_. Pardon me, gentlemen [bowing to
the ministry], confidence is a plant of slow growth in an aged bosom.
Youth is the season of credulity. By comparing events with each other,
reasoning from effects to causes, methinks I plainly discover the
traces of an _overruling_ influence.[27]
There is a clause in the Act of Settlement obliging every minister to
sign his name to the advice which he gives to his sovereign. Would it
were observed! I have had the honor to serve the Crown, and if I could
have submitted to _influence_, I might have still continued to serve:
but I would not be responsible for others. I have no local attachments.
It is indifferent to me whether a man was rocked in his cradle on this
side or that side of the Tweed. I sought for merit wherever it was to
be found. It is my boast, that I was the first minister who looked for
it, and found it, in the mountains of the North. I called it forth,
and drew into your service a hardy and intrepid race of men—men, who,
when left by your jealousy, became a prey to the artifices of your
enemies, and had gone nigh to have overturned the state in the war
before the last. These men, in the last war, were brought to combat on
your side. They served with fidelity, as they fought with valor, and
conquered for you in every part of the world. Detested be the national
reflections against them! They are unjust, groundless, illiberal,
unmanly! When I ceased to serve his Majesty as a minister, it was not
the _country_ of the man by which I was moved—but the _man_ of that
country wanted wisdom, and held principles incompatible with freedom.
It is a long time, Mr. Speaker, since I have attended in Parliament.
When the resolution was taken in this House to tax America, I was ill
in bed. If I could have endured to be carried in my bed—so great was
the agitation of my mind for the consequences—I would have solicited
some kind hand to have laid me down on this floor, to have borne my
testimony against it! It is now an act that has passed. I would speak
with decency of every act of this House; but I must beg the indulgence
of the House to speak of it with freedom.
I hope a day may soon be appointed to consider the state of the nation
with respect to America. I hope gentlemen will come to this debate
with all the temper and impartiality that his Majesty recommends,
and the importance of the subject requires; a subject of greater
importance than ever engaged the attention of this House, that subject
only excepted, when, near a century ago, it was the question whether
you yourselves were to be bond or free. In the meantime, as I cannot
depend upon my health for any future day (such is the nature of my
infirmities), I will beg to say a few words at present, leaving the
justice, the equity, the policy, the expediency of the act to another
time.
I will only speak to one point—a point which seems not to have been
generally understood I mean to the _right_. Some gentlemen [alluding
to Mr. Nugent] seem to have considered it as a point of honor. If
gentlemen consider it in that light, they leave all measures of right
and wrong, to follow a delusion that may lead to destruction. It is
my opinion, that this kingdom has no right to lay a tax upon the
colonies. At the same time, I assert the authority of this kingdom over
the colonies to be sovereign and supreme, in every circumstance of
government and legislation whatsoever. They are the subjects of this
kingdom; equally entitled with yourselves to all the natural rights
of mankind and the peculiar privileges of Englishmen; equally bound
by its laws, and equally participating in the constitution of this
free country. The Americans are the sons, not the bastards of England!
Taxation is no part of the governing or legislative power. The taxes
are a voluntary _gift_ and _grant_ of the Commons alone. In legislation
the three estates of the realm are alike concerned; but the concurrence
of the peers and the Crown to a tax is only necessary to clothe it
with the form of a law. The gift and grant is of the Commons alone.
In ancient days, the Crown, the barons, and the clergy possessed the
lands. In those days, the barons and the clergy gave and granted to the
Crown. They gave and granted what was their own! At present, since the
discovery of America, and other circumstances permitting, the Commons
are become the proprietors of the land. The Church (God bless it!) has
but a pittance. The property of the lords, compared with that of the
commons, is as a drop of water in the ocean; and this House represents
those commons, the proprietors of the lands; and those proprietors
virtually represent the rest of the inhabitants. When, therefore, in
this House, we give and grant, we give and grant what is our own. But
in an American tax, what do we do? “We, your Majesty’s Commons for
Great Britain, give and grant to your Majesty”—what? Our own property!
No! “We give and grant to your Majesty” the property of your Majesty’s
Commons of America! It is an absurdity in terms.[28]
The distinction between legislation and taxation is essentially
necessary to liberty. The Crown and the peers are equally legislative
powers with the Commons. If taxation be a part of simple legislation,
the Crown and the peers have rights in taxation as well as yourselves;
rights which they will claim, which they will exercise, whenever the
principle can be supported by power.
There is an idea in some that the colonies are _virtually_ represented
in the House. I would fain know by whom an American is represented
here. Is he represented by any knight of the shire, in any county
in this kingdom? Would to God that respectable representation was
augmented to a greater number! Or will you tell him that he is
represented by any representative of a borough? a borough which,
perhaps, its own representatives never saw! This is what is called
the rotten part of the Constitution. It cannot continue a century.
If it does not drop, it must be amputated.[29] The idea of a virtual
representation of America in this House is the most contemptible idea
that ever entered into the head of a man. It does not deserve a serious
refutation.
The Commons of America represented in their several assemblies, have
ever been in possession of the exercise of this, their constitutional
right, of giving and granting their own money. They would have been
slaves if they had not enjoyed it! At the same time, this kingdom,
as the supreme governing and legislative power, has always bound the
colonies by her laws, by her regulations, and restrictions in trade,
in navigation, in manufactures, in every thing, except that of taking
their money out of their pockets without their consent.
Here I would draw the line:
Quam ultra citraque neque consistere rectum.
[When Lord Chatham had concluded, Mr. George Grenville secured the
floor and entered into a general denunciation of the tumults and riots
which had taken place in the colonies, and declared that they bordered
on rebellion. He condemned the language and sentiments which he had
heard as encouraging a _revolution_. A portion of his speech is here
inserted, as it is necessary for a complete understanding of the reply
of Lord Chatham.]
“I cannot,” said Mr. Grenville, “understand the difference between
external and internal taxes. They are the same in effect, and differ
only in name. That this kingdom has the sovereign, the supreme
legislative power over America, is granted; it cannot be denied; and
taxation is a part of that sovereign power. It is one branch of the
legislation. It is, it has been, exercised over those who are not,
who were never represented. It is exercised over the India Company,
the merchants of London, the proprietors of the stocks, and over
many great manufacturing towns. It was exercised over the county
palatine of Chester, and the bishopric of Durham, before they sent any
representatives to Parliament. I appeal for proof to the preambles of
the acts which gave them representatives; one in the reign of Henry
VIII., the other in that of Charles II.” [Mr. Grenville then quoted
the acts, and desired that they might be read; which being done,
he said]: “When I proposed to tax America, I asked the House if any
gentleman would object to the right; I repeatedly asked it, and no man
would attempt to deny it. Protection and obedience are reciprocal.
Great Britain protects America; America is bound to yield obedience.
If not, tell me when the Americans were emancipated? When they want
the protection of this kingdom, they are always very ready to ask
it. That protection has always been afforded them in the most full
and ample manner. The nation has run herself into an immense debt to
give them their protection; and now, when they are called upon to
contribute a small share toward the public expense—an expense arising
from themselves—they renounce your authority, insult your officers,
and break out, I might almost say, into open rebellion. The seditious
spirit of the colonies owes its birth to the factions in this House.
Gentlemen are careless of the consequences of what they say, provided
it answers the purposes of opposition. We were told we trod on tender
ground. We were bid to expect disobedience. What is this but telling
the Americans to stand out against the law, to encourage their
obstinacy with the expectation of support from hence? “Let us only hold
out a little,” they would say, “our friends will soon be in power.”
Ungrateful people of America! Bounties have been extended to them. When
I had the honor of serving the Crown, while you yourselves were loaded
with an enormous debt, you gave bounties on their lumber, on their
iron, their hemp, and many other articles. You have relaxed in their
favor the Act of Navigation, that palladium of the British commerce;
and yet I have been abused in all the public papers as an enemy to the
trade of America. I have been particularly charged with giving orders
and instructions to prevent the Spanish trade, and thereby stopping the
channel by which alone North America used to be supplied with cash for
remittances to this country. I defy any man to produce any such orders
or instructions. I discouraged no trade but what was illicit, what was
prohibited by an act of Parliament. I desire a West India merchant
[Mr. Long], well known in the city, a gentleman of character, may be
examined. He will tell you that I offered to do every thing in my
power to advance the trade of America. I was above giving an answer to
anonymous calumnies; but in this place it becomes one to wipe off the
aspersion.”
[Here Mr. Grenville ceased. Several members got up to speak, but Mr.
Pitt seeming to rise, the House was so clamorous for Mr. _Pitt!_ Mr.
_Pitt!_ that the speaker was obliged to call to order.]
Mr. Pitt said, I do not apprehend I am speaking twice. I did expressly
reserve a part of my subject, in order to save the time of this House;
but I am compelled to proceed in it. I do not speak twice; I only
finish what I designedly left imperfect. But if the House is of a
different opinion, far be it from me to indulge a wish of transgression
against order. I am content, if it be your pleasure, to be silent.
[Here he paused. The House resounding with _Go on! go on!_ he
proceeded:]
Gentlemen, sir, have been charged with giving birth to _sedition_
in America. They have spoken their sentiments with freedom against
this unhappy act, and that freedom has become their crime. Sorry I
am to hear the liberty of speech in this House imputed as a crime.
But the imputation shall not discourage me. It is a liberty I mean
to exercise. No gentleman ought to be afraid to exercise it. It is a
liberty by which the gentleman who calumniates it might have profited.
He ought to have desisted from his project. The gentleman tells us,
America is obstinate; America is almost in open rebellion. 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. I come not here
armed at all points, with law cases and acts of Parliament, with
the statute book doubled down in dog’s ears, to defend the cause of
liberty. If I had, I myself would have cited the two cases of Chester
and Durham. I would have cited them to show that, even under former
arbitrary reigns, Parliaments were ashamed of taxing a people without
their consent, and allowed them representatives. Why did the gentleman
confine himself to Chester and Durham?[30] He might have taken a higher
example in Wales—Wales, that never was taxed by Parliament till it was
incorporated. I would not debate a particular point of law with the
gentleman. I know his abilities. I have been obliged to his diligent
researches. But, for the defence of liberty, upon a general principle,
upon a constitutional principle, it is a ground on which I stand
firm—on which I dare meet any man. The gentleman tells us of many
who are taxed, and are not represented—the India company, merchants,
stockholders, manufacturers. Surely many of these are represented in
other capacities, as owners of land, or as freemen of boroughs. It is
a misfortune that more are not equally represented. But they are all
inhabitants, and as such, are they not virtually represented? Many have
it in their option to be actually represented. They have connections
with those that elect, and they have influence over them. The gentleman
mentioned the stockholders. I hope he does not reckon the debts of the
nation as a part of the national estate.
Since the accession of King William, many ministers, some of great,
others of more moderate abilities, have taken the lead of government.
[Here Mr. Pitt went through the list of them, bringing it down till he
came to himself, giving a short sketch of the characters of each, and
then proceeded:] None of these thought, or even dreamed, of robbing
the colonies of their constitutional rights. That was reserved to mark
the era of the late administration. Not that there were wanting some,
when I had the honor to serve his Majesty, to propose to me to burn my
fingers with an American stamp act. With the enemy at their back, with
our bayonets at their breasts, in the day of their distress, perhaps
the Americans would have submitted to the imposition; but it would have
been taking an ungenerous, an unjust advantage. The gentleman boasts of
his bounties to America! Are not these bounties intended finally for
the benefit of this kingdom? If they are not, he has misapplied the
national treasures!
I am no courtier of America. I stand up for this kingdom. I maintain
that the Parliament has a right to bind, to restrain America. Our
legislative power over the colonies is sovereign and supreme. When it
ceases to be sovereign and supreme, I would advise every gentleman
to sell his lands, if he can, and embark for that country. When two
countries are connected together like England and her colonies, without
being incorporated, the one must necessarily govern. The greater must
rule the less. But she must so rule it as _not to contradict the
fundamental principles that are common to both_.
If the gentleman does not understand the difference between external
and internal taxes, I cannot help it. There is a plain distinction
between taxes levied for the purposes of raising a revenue, and duties
imposed for the regulation of trade, for the accommodation of the
subject; although, in the consequences, some revenue may incidentally
arise from the latter.
The gentleman asks, When were the colonies emancipated? I desire to
know, when were they made slaves? But I dwell not upon words. When I
had the honor of serving his Majesty, I availed myself of the means
of information which I derived from my office. I speak, therefore,
from knowledge. My materials were good. I was at pains to collect,
to digest, to consider them; and I will be bold to affirm, that the
profits to Great Britain from the trade of the colonies, through all
its branches, is two millions a year. This is the fund that carried
you triumphantly through the last war. The estates that were rented
at two thousand pounds a year, threescore years ago, are at three
thousand at present. Those estates sold then from fifteen to eighteen
years purchase; the same may now be sold for thirty. You owe this
to America. This is the price America pays you for her protection.
And shall a miserable financier come with a boast, that he can bring
“a pepper-corn” into the exchequer by the loss of millions to the
nation?[31] I dare not say how much higher these profits may be
augmented. Omitting [_i. e._, not taking into account] the immense
increase of people, by natural population, in the northern colonies,
and the emigration from every part of Europe, I am convinced on other
grounds that the commercial system of America may be altered to
advantage. You have prohibited where you ought to have encouraged. You
have encouraged where you ought to have prohibited. Improper restraints
have been laid on the continent in favor of the islands. You have but
two nations to trade with in America. Would you had twenty! Let acts of
Parliament in consequence of treaties remain; but let not an English
minister become a custom-house officer for Spain, or for any foreign
power. Much is wrong! Much may be amended for the general good of the
whole!
Does the gentleman complain he has been misrepresented in the public
prints? It is a common misfortune. In the Spanish affair of the last
war, I was abused in all the newspapers for having advised his Majesty
to violate the laws of nations with regard to Spain. The abuse was
industriously circulated even in hand-bills. If administration did not
propagate the abuse, administration never contradicted it. I will not
say what advice I did give the King. My advice is in writing, signed by
myself, in the possession of the Crown. But I will say what advice I
did not give to the King. I did _not_ advise him to violate any of the
laws of nations.
As to the report of the gentleman’s preventing in some way the trade
for bullion with the Spaniards, it was spoken of so confidently that I
own I am one of those who did believe it to be true.
The gentleman must not wonder he was not contradicted when, as
minister, he asserted the right of Parliament to tax America. I know
not how it is, but there is a modesty in this House which does not
choose to contradict a minister. Even your chair, sir, looks too often
toward St. James’. I wish gentlemen would get the better of this
modesty. If they do not, perhaps the collective body may begin to
abate of its respect for the representative. Lord Bacon has told me,
that a great question would not fail of being agitated at one time
or another. I was willing to agitate such a question at the proper
season, viz., that of the German war—_my_ German war, they called it!
Every session I called out, Has any body any objection to the German
war? Nobody would object to it, one gentleman only excepted, since
removed to the Upper House by succession to an ancient barony [Lord Le
Despencer, formerly Sir Francis Dashwood]. He told me he did not like a
German war. I honored the man for it, and was sorry when he was turned
out of his post.
A great deal has been said without doors of the power, of the strength
of America. It is a topic that ought to be cautiously meddled with. In
a good cause, on a sound bottom, the force of this country can crush
America to atoms. I know the valor of your troops. I know the skill
of your officers. There is not a company of foot that has served in
America, out of which you may not pick a man of sufficient knowledge
and experience to make a governor of a colony there. But on this
ground, on the Stamp Act, which so many here will think a crying
injustice, I am one who will lift up my hands against it.
In such a cause, your success would be hazardous. America, if she fell,
would fall like the strong man; she would embrace the pillars of the
State, and pull down the Constitution along with her. Is this your
boasted peace—not to sheathe the sword in its scabbard, but to sheathe
it in the bowels of your countrymen? Will you quarrel with yourselves,
now the whole house of Bourbon is united against you; while France
disturbs your fisheries in Newfoundland, embarrasses your slave trade
to Africa, and withholds from your subjects in Canada their property
stipulated by treaty; while the ransom for the Manillas is denied by
Spain, and its gallant conqueror basely traduced into a mean plunderer;
a gentleman [Colonel Draper] whose noble and generous spirit would do
honor to the proudest grandee of the country? The Americans have not
acted in all things with prudence and temper: they have been wronged:
they have been driven to madness by injustice. Will you punish them for
the madness you have occasioned? Rather let prudence and temper come
first from this side. I will undertake for America that she will follow
the example. There are two lines in a ballad of Prior’s, of a man’s
behavior to his wife, so applicable to you and your colonies, that I
can not help repeating them:
“Be to her faults a little blind;
Be to her virtues very kind.”
Upon the whole, I will beg leave to tell the House what is my opinion.
It is, that the Stamp Act be repealed absolutely, totally, and
immediately. That the reason for the repeal be assigned, viz., because
it was founded on an erroneous principle. At the same time, let the
sovereign authority of this country over the colonies be asserted in as
strong terms as can be devised, and be made to extend to every point
of legislation whatsoever; that we may bind their trade, confine their
manufactures, and exercise every power whatsoever, except that of
taking their money out of their pockets without their consent.
Notwithstanding the advice of Pitt, the government pushed on in
its mad course. The Stamp Act had to be repealed; but accompanying
the repeal was a declaration that Parliament had the power and the
right “to bind the colonies and people of America in all cases
whatsoever.” This was the very position that the Colonies had
denied. It was not so much the _tax_ as the _right_ to tax that the
Americans questioned. When the resolution reached the House of Peers,
Lord Camden sustained the American view. He said: “My position is
this,—I repeat it—I will maintain to the last hour, taxation and
representation are inseparable. This position is founded on the law
of nature. It is more, it is in itself an eternal law of nature. For
whatever is a man’s own is absolutely his own. No man has a right to
take it from him without his consent either expressed by himself or
his representative. Whoever attempts to do this attempts an injury.
Whoever does it, commits a robbery.” Lord Mansfield, however, as
we shall see, took the opposite ground, and the opposite ground
prevailed. The consequence was that the Colonies were lost.