Slaves as these unfortunate black people are, and 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 [Footnote: 37] with those

masters is their refusal to deal any more in that inhuman traffic? 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 hundred Angola negroes.

It would be curious to see the Guinea captain attempting at the same

instant to publish his proclamation of liberty, and to advertise his

sale of slaves.

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 the causes which weaken authority by distance

will continue.

"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 grave and solemn politicians.

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 produce prejudices irreconcilable to the late exercise

of our 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.

At this proposition I must pause a moment. The thing seems a great

deal too big for my ideas of jurisprudence. 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 men who disturb order within

the state, and the civil dissensions which may, from time to time, on

great questions, 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 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 excellent individual (Sir Walter Raleigh)

at the bar. I hope I am not ripe to pass sentence on the gravest public

bodies, intrusted with magistracies of great authority and dignity, and

charged with the safety of their fellow-citizens, 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.

Perhaps, Sir, I am mistaken in my idea of an 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 the dismal, cold, dead

uniformity of servitude can prevent its happening--that the subordinate

parts have many local privileges and immunities. Between these

privileges and the supreme common authority the line may be extremely

nice. Of course disputes, often, too, very 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,

[Footnote: 38] to imply a superior power; for to talk of the 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 the head of the empire to

insist that, if any privilege is pleaded against his will or his acts,

his whole authority 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 to make no distinctions on

their part? Will it not teach them that the government, against which a

claim of liberty 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 communities with such an idea.

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 filling

me with pride, I am exceedingly humbled by it. I cannot 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 decided

against the superior as the subordinate power. Sir, let me add, too,

that the opinion of my having some abstract right [Footnote: 39] 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 circumstances, were not the most odious of all wrongs and the

most vexatious of all injustice. Sir, these considerations 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 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 he will.

There is, Sir, also a circumstance which convinces me that this mode

of criminal proceeding is not, 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 hither, under an Act of Henry the

Eighth, [Footnote: 40] for trial. For though rebellion is declared, it

is not proceeded against as such, nor have any steps been taken towards

the apprehension or conviction of any individual offender, either on

our late or our former Address; but modes of 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 ideas to our present case.

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, 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 such confident hopes, bold promises,

and active exertions, I cannot, for my life, avoid a suspicion that the

plan itself is not correctly right. [Footnote: 41]

If, then, the removal of the causes of this spirit of American liberty

be for the greater part, or rather entirely, impracticable; if the

ideas of criminal process be inapplicable--or, if applicable, are in the

highest degree inexpedient; what way yet remains? No way is open but the

third and last,--to comply with the American spirit as necessary; or, if

you please, to submit to it as a necessary evil.

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 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; 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.

Sir, I think you must perceive that I am resolved this day to have

nothing at all to do with the question of the right of taxation. Some

gentlemen start--but it is true; I put it totally out of the question.

It is less than nothing in my consideration. I do not indeed wonder,

nor will you, Sir, that gentlemen of profound learning 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 excepted

and reserved out of the general trust of government, 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 is necessarily involved in the general principle of

legislation, 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 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,

Where armies whole have sunk."

[Footnote: 42]

I do not intend to be overwhelmed in that bog, though in such

respectable company. The question [Footnote: 43] with me is, not whether

you have a right to render your people miserable, but whether it is not

your interest to make them 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 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 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?

Such is steadfastly my opinion of the absolute necessity of keeping up

the concord of this Empire by an unity of spirit, though in a diversity

of operations, that, 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 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 restoring tranquillity; and the

general character and situation of a people must determine what sort of

government is fitted for them. That point nothing else can or ought to

determine.

My idea, therefore, without considering whether 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

assurance as the nature of the thing will admit, that we mean forever to

adhere to that solemn declaration of systematic indulgence.

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 exercise of a taxing power. Such a measure was then

sufficient to remove all suspicion, and to give perfect content. 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 consistency of our own future proceedings.

I have taken a very incorrect measure of the disposition of the House if

this proposal in itself would be received with dislike. I think, Sir, we

have few American financiers. But our misfortune is, we are too acute,

we are too exquisite [Footnote: 44] in our conjectures of the future,

for men oppressed with such great and present evils. The more moderate

among the opposers of Parliamentary 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. [Footnote: 45] These gentlemen are convinced

that this was the intention from the beginning, 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 surprised at this kind of

discourse, whenever I hear it; and I am the more surprised on account of

the arguments which I constantly find in company with it, and which are

often urged from the same mouths and on the same day.

For instance, when we allege that it is against reason 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 burthen to those on whom

they are imposed; that the trade to America is not secured by the

Acts of Navigation, but by the natural and irresistible advantage of a

commercial preference.

Such is the merit of the trade laws in this posture of the debate. But

when strong internal circumstances are urged against the taxes; when

the scheme is dissected; when experience and the nature of things are

brought to 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 of the futility of the scheme; then, Sir, the sleeping

trade laws revive from their trance, and this useless taxation is to be

kept sacred, not for its own sake, but as a counterguard and security of

the laws of trade.

Then, Sir, you keep up revenue laws which are mischievous, in order to

preserve trade laws that are useless. Such is the wisdom of our plan in

both its members. 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 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 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 quarrel, or that the giving way, in any one instance

of authority, is to lose all that may remain unconceded.

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 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 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 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 impossible, 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 very best. It is not justifying your anger

by their misconduct, but it is converting your ill-will into their

delinquency.

But the Colonies will go further. Alas! alas! when will this speculation

against fact and reason end? 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 sovereign to accede

to the desires of his discontented subjects? Is there anything peculiar

in this case to make a rule for 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?

All these objections being in fact no more than suspicions, conjectures,

divinations, formed in defiance of fact and experience, they did

not, Sir, discourage me from entertaining the idea of a conciliatory

concession founded on the principles which I have just stated.

In forming a plan for this purpose, I endeavored to put myself in that

frame of mind which was the most 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 ancestors 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 maxims

and principles which formed the one and obtained the other.

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 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 constitutional difficulty, I consult the genius of the English

Constitution. Consulting at that oracle--it was with all due humility

and piety--I found four capital examples in a similar case before me;

those of Ireland, Wales, Chester, and Durham.

Ireland, before the English conquest, [Footnote: 46] though never

governed by a despotic power, had no Parliament. How far the English

Parliament itself was at that time modelled according to the present

form is disputed among antiquaries; but we have all the reason in the

world to be assured that a form of Parliament such as England then

enjoyed she instantly communicated 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 consequence. But your

ancestors did not churlishly sit down alone to the feast of Magna

Charta. Ireland was 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 and English liberties had

exactly the same boundaries. Your standard could never be advanced an

inch before your privileges. Sir John Davis shows beyond a doubt that

the refusal of a general communication of these rights was the true

cause why Ireland was five hundred years in subduing; and after the

vain projects of a military government, attempted in the reign of Queen

Elizabeth, 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, but the English Constitution,

that conquered Ireland. From that time Ireland has ever had a general

Parliament, 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 government in that kingdom. You deposed kings;

[Footnote: 47] you restored them; you altered the succession to theirs,

as 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 Revolution. This has made Ireland the great and flourishing

kingdom that it is, and, from a disgrace and a burthen intolerable

to this nation, has rendered her a principal part of our strength and

ornament. This country cannot be said to have ever formally taxed her.

The irregular 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 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 supply has been in that kingdom. Your Irish pensioners

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.

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 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 [Footnote: 48]--a

form of government 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 terms, to that of

Commander-in-chief at present, to whom all civil power is granted as

secondary. 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 of England in

perpetual alarm. Benefits from it to the state there were none. Wales

was only known to England by incursion and invasion.

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