Sir, during that state of things, Parliament was not idle. They

attempted to subdue the fierce spirit of the Welsh by all sorts of

rigorous laws. They prohibited by statute the sending all sorts of arms

into Wales, as you prohibit by proclamation (with something more of

doubt on the legality) the sending arms to America. They disarmed the

Welsh by statute, as you attempted (but still with more question on the

legality) to disarm New England by an instruction. They made an Act to

drag offenders from Wales into England for trial, as you have done (but

with more hardship) with regard to America. By another Act, where one

of the parties was an Englishman, they ordained that his trial should be

always by English. They made Acts to restrain trade, as you do; and they

prevented the Welsh from the use of fairs and markets, as you do the

Americans from fisheries and foreign ports. In short, when the Statute

Book was not quite so much swelled as it is now, you find no less than

fifteen acts of penal regulation on the subject of Wales.

Here we rub our hands.--A fine body of precedents for the authority of

Parliament and the use of it!--I admit it fully; and pray add likewise

to these precedents that all the while Wales rid this Kingdom like an

incubus, that it was an unprofitable and oppressive burthen, and that

an Englishman travelling in that country could not go six yards from the

high road without being murdered.

The march of the human mind is slow. Sir, it was not until after two

hundred years discovered that, by an eternal law, providence had decreed

vexation to violence, and poverty to rapine. Your ancestors did however

at length open their eyes to the ill-husbandry of injustice. They found

that the tyranny of a free people could of all tyrannies the least be

endured, and that laws made against a whole nation were not the most

effectual methods of securing its obedience. Accordingly, in the

twenty-seventh year of Henry the Eighth the course was entirely altered.

With a preamble stating the entire and perfect rights of the Crown of

England, it gave to the Welsh all the rights and privileges of English

subjects. A political order was established; the military power gave way

to the civil; the Marches were turned into Counties. But that a nation

should have a right to English liberties, and yet no share at all in

the fundamental security of these liberties--the grant of their own

property--seemed a thing so incongruous that, eight years after,

that is, in the thirty-fifth of that reign, a complete and not

ill-proportioned representation by counties and boroughs was bestowed

upon Wales by Act of Parliament. From that moment, as by a charm, the

tumults subsided; obedience was restored; peace, order, and civilization

followed in the train of liberty. When the day-star of the English

Constitution had arisen in their hearts, all was harmony within and

without--

"--simul alba nautis

Stella refulsit,

Defluit saxis agitatus humor;

Concidunt venti, fugiuntque nubes,

Et minax (quod sic voluere) ponto

Unda recumbit."

[Footnote: 49]

The very same year the County Palatine of Chester received the same

relief from its oppressions and the same remedy to its disorders.

Before this time Chester was little less distempered than Wales. The

inhabitants, without rights themselves, were the fittest to destroy the

rights of others; and from thence Richard the Second drew the standing

army of archers with which for a time he oppressed England. The people

of Chester applied to Parliament in a petition penned as I shall read to

you:

"To the King, our Sovereign Lord, in most hunible wise

shewen unto your excellent Majesty the inhabitants of

your Grace's County Palatine of Chester: (1) That where

the said County Palatine of Chester is and hath been always

hitherto exempt, excluded, and separated out and

from your High Court of Parliament, to have any Knights

and Burgesses within the said Court; by reason whereof

the said inhabitants have hitherto sustained manifold

disherisons, losses, and damages, as well in their lands,

goods, and bodies, as in the good, civil, and politic governance

and maintenance of the commonwealth of their said

county; (2) And forasmuch as the said inhabitants have

always hitherto been bound by the Acts and Statutes

made and ordained by your said Highness and your most

noble progenitors, by authority of the said Court, as far

forth as other counties, cities, and boroughs have been,

that have had their Knights and Burgesses within your

said Court of Parliament, and yet have had neither Knight

ne Burgess there for the said County Palatine, the said

inhabitants, for lack thereof, have been oftentime touched

and grieved with Acts and Statutes made within the said

Court, as well derogatory unto the most ancient jurisdictions,

liberties, and privileges of your said County Palatine,

as prejudicial unto the commonwealth, quietness,

rest, and peace of your Grace's most bounden subjects

inhabiting within the same."

What did Parliament with this audacious address?--Reject it as a libel?

Treat it as an affront to Government? Spurn it as a derogation from the

rights of legislature? Did they toss it over the table? Did they burn

it by the hands of the common hangman?--They took the petition of

grievance, all rugged as it was, without softening or temperament,

unpurged of the original bitterness and indignation of complaint--they

made it the very preamble to their Act of redress, and consecrated its

principle to all ages in the sanctuary of legislation.

Here is my third example. It was attended with the success of the two

former. Chester, civilized as well as Wales, has demonstrated that

freedom, and not servitude, is the cure of anarchy; as religion, and

not atheism, is the true remedy for superstition. Sir, this pattern of

Chester was followed in the reign of Charles the Second with regard to

the County Palatine of Durham, which is my fourth example. This county

had long lain out of the pale of free legislation. So scrupulously was

the example of Chester followed that the style of the preamble is

nearly the same with that of the Chester Act, and, without affecting the

abstract extent of the authority of Parliament, it recognizes the equity

of not suffering any considerable district in which the British subjects

may act as a body, to be taxed without their own voice in the grant.

Now if the doctrines of policy contained in these preambles, and the

force of these examples in the Acts of Parliaments, avail anything, what

can be said against applying them with regard to America? Are not the

people of America as much Englishmen as the Welsh? The preamble of

the Act of Henry the Eighth says the Welsh speak a language no way

resembling that of his Majesty's English subjects. Are the Americans not

as numerous? If we may trust the learned and accurate Judge Barrington's

account of North Wales, and take that as a standard to measure the rest,

there is no comparison. The people cannot amount to above 200,000; not a

tenth part of the number in the Colonies. Is America in rebellion? Wales

was hardly ever free from it. Have you attempted to govern America

by penal statutes? You made fifteen for Wales. But your legislative

authority is perfect with regard to America. Was it less perfect in

Wales, Chester, and Durham? But America is virtually represented. What!

does the electric force of virtual representation more easily pass over

the Atlantic than pervade Wales,--which lies in your neighborhood--or

than Chester and Durham, surrounded by abundance of representation that

is actual and palpable? But, Sir, your ancestors thought this sort of

virtual representation, however ample, to be totally insufficient for

the freedom of the inhabitants of territories that are so near, and

comparatively so inconsiderable. How then can I think it sufficient for

those which are infinitely greater, and infinitely more remote?

You will now, Sir, perhaps imagine that I am on the point of proposing

to you a scheme for a representation of the Colonies in Parliament.

Perhaps I might be inclined to entertain some such thought; but a great

flood stops me in my course. Opposuit natura. [Footnote: 50 ]--I cannot

remove the eternal barriers of the creation. The thing, in that mode, I

do not know to be possible. As I meddle with no theory,[Footnote: 51] I

do not absolutely assert the impracticability of such a representation;

but I do not see my way to it, and those who have been more confident

have not been more successful. However, the arm of public benevolence is

not shortened, and there are often several means to the same end. What

nature has disjoined in one way, wisdom may unite in another. When

we cannot give the benefit as we would wish, let us not refuse it

altogether. If we cannot give the principal, let us find a substitute.

But how? Where? What substitute?

Fortunately I am not obliged, for the ways and means of this substitute,

to tax my own unproductive invention. I am not even obliged to go to the

rich treasury of the fertile framers of imaginary commonwealths--not

to the Republic of Plato, [Footnote: 52] not to the Utopia of More,

[Footnote: 52] not to the Oceana of Harrington. It is before me--it is

at my feet,

"And the rude swain Treads daily on it with his clouted shoon."

[Footnote: 53]

I only wish you to recognize, for the theory, the ancient constitutional

policy of this kingdom with regard to representation, as that policy has

been declared in Acts of Parliament; and as to the practice, to return

to that mode which a uniform experience has marked out to you as best,

and in which you walked with security, advantage, and honor, until the

year 1763. [Footnote: 54]

My Resolutions therefore mean to establish the equity and justice of a

taxation of America by GRANT, and not by IMPOSITION; to mark the LEGAL

COMPETENCY [Footnote: 55] of the Colony Assemblies for the support

of their government in peace, and for public aids in time of war; to

acknowledge that this legal competency has had a DUTIFUL AND BENEFICIAL

EXERCISE; and that experience has shown the BENEFIT OF THEIR GRANTS and

the FUTILITY OF PARLIAMENTARY TAXATION as a method of supply.

These solid truths compose six fundamental propositions. There are three

more Resolutions corollary to these. If you admit the first set, you

can hardly reject the others. But if you admit the first, I shall be far

from solicitous whether you accept or refuse the last. I think these six

massive pillars will be of strength sufficient to support the temple of

British concord. I have no more doubt than I entertain of my existence

that, if you admitted these, you would command an immediate peace, and,

with but tolerable future management, a lasting obedience in America.

I am not arrogant in this confident assurance. The propositions are all

mere matters of fact, and if they are such facts as draw irresistible

conclusions even in the stating, this is the power of truth, and not any

management of mine.

Sir, I shall open the whole plan to you, together with such observations

on the motions as may tend to illustrate them where they may want

explanation. The first is a Resolution--

"That the Colonies and Plantations of Great Britain in North America,

consisting of fourteen separate Governments, and containing two millions

and upwards of free inhabitants, have not had the liberty and privilege

of electing and sending any Knights and Burgesses, or others, to

represent them in the High Court of Parliament."

This is a plain matter of fact, necessary to be laid down, and,

excepting the description, it is laid down in the language of the

Constitution; it is taken nearly verbatim from Acts of Parliament.

The second is like unto the first--

"That the said Colonies and Plantations have been liable to, and bounden

by, several subsidies, payments, rates, and taxes given and granted

by Parliament, though the said Colonies and Plantations have not their

Knights and Burgesses in the said High Court of Parliament, of their own

election, to represent the condition of their country; by lack whereof

they have been oftentimes touched and grieved by subsidies given,

granted, and assented to, in the said Court, in a manner prejudicial to

the commonwealth, quietness, rest, and peace of the subjects inhabiting

within the same."

Is this description too hot, or too cold; too strong, or too weak? Does

it arrogate too much to the supreme legislature? Does it lean too much

to the claims of the people? If it runs into any of these errors,

the fault is not mine. It is the language of your own ancient Acts of

Parliament.

"Non meus hic sermo, sed quae praecepit Ofellus,

Rusticus, abnormis sapiens."

[Footnote: 56]

It is the genuine produce of the ancient, rustic, manly, homebred sense

of this country.--I did not dare to rub off a particle of the venerable

rust that rather adorns and preserves, than destroys, the metal. It

would be a profanation to touch with a tool the stones which construct

the sacred altar of peace. I would not violate with modern polish the

ingenuous and noble roughness of these truly Constitutional materials.

Above all things, I was resolved not to be guilty of tampering, the

odious vice of restless and unstable minds. I put my foot in the tracks

of our forefathers, where I can neither wander nor stumble. Determining

to fix articles of peace, I was resolved not to be wise beyond what

was written; I was resolved to use nothing else than the form of sound

words, to let others abound in their own sense, and carefully to abstain

from all expressions of my own. What the law has said, I say. In all

things else I am silent. I have no organ but for her words. This, if it

be not ingenious, I am sure is safe. [Footnote: 57]

There are indeed words expressive of grievance in this second

Resolution, which those who are resolved always to be in the right will

deny to contain matter of fact, as applied to the present case, although

Parliament thought them true with regard to the counties of Chester

and Durham. They will deny that the Americans were ever "touched and

grieved" with the taxes. If they consider nothing in taxes but their

weight as pecuniary impositions, there might be some pretence for

this denial; but men may be sorely touched and deeply grieved in their

privileges, as well as in their purses. Men may lose little in property

by the act which takes away all their freedom. When a man is robbed of a

trifle on the highway, it is not the twopence lost that constitutes

the capital outrage. This is not confined to privileges. Even ancient

indulgences, withdrawn without offence on the part of those who enjoyed

such favors, operate as grievances. But were the Americans then not

touched and grieved by the taxes, in some measure, merely as taxes?

If so, why were they almost all either wholly repealed, or exceedingly

reduced? Were they not touched and grieved even by the regulating duties

of the sixth of George the Second? Else, why were the duties first

reduced to one third in 1764, and afterwards to a third of that third

in the year 1766? Were they not touched and grieved by the Stamp Act?

I shall say they were, until that tax is revived. Were they not touched

and grieved by the duties of 1767, which were likewise repealed, and

which Lord Hillsborough tells you, for the Ministry, were laid contrary

to the true principle of commerce? Is not the assurance given by that

noble person to the Colonies of a resolution to lay no more taxes on

them an admission that taxes would touch and grieve them? Is not the

Resolution of the noble lord in the blue ribbon, now standing on your

Journals, the strongest of all proofs that Parliamentary subsidies

really touched and grieved them? Else why all these changes,

modifications, repeals, assurances, and resolutions?

The next proposition is--

"That, from the distance of the said Colonies, and from other

circumstances, no method hath hitherto been devised for procuring a

representation in Parliament for the said Colonies."

This is an assertion of a fact, I go no further on the paper, though, in

my private judgment, a useful representation is impossible--I am sure it

is not desired by them, nor ought it perhaps by us--but I abstain from

opinions.

The fourth Resolution is--

"That each of the said Colonies hath within itself a body, chosen in

part, or in the whole, by the freemen, free-holders, or other free

inhabitants thereof, commonly called the General Assembly, or General

Court, with powers legally to raise, levy, and assess, according to the

several usage of such Colonies duties and taxes towards defraying all

sorts of public services."

This competence in the Colony Assemblies is certain. It is proved by the

whole tenor of their Acts of Supply in all the Assemblies, in which

the constant style of granting is, "an aid to his Majesty", and Acts

granting to the Crown have regularly for near a century passed

the public offices without dispute. Those who have been pleased

paradoxically to deny this right, holding that none but the British

Parliament can grant to the Crown, are wished to look to what is done,

not only in the Colonies, but in Ireland, in one uniform unbroken tenor

every session. Sir, I am surprised that this doctrine should come from

some of the law servants of the Crown. I say that if the Crown could be

responsible, his Majesty--but certainly the Ministers,--and even these

law officers themselves through whose hands the Acts passed, biennially

in Ireland, or annually in the Colonies--are in an habitual course of

committing impeachable offences. What habitual offenders have been all

Presidents of the Council, all Secretaries of State, all First Lords of

Trade, all Attorneys and all Solicitors General! However, they are safe,

as no one impeaches them; and there is no ground of charge against them

except in their own unfounded theories.

The fifth Resolution is also a resolution of fact--

"That the said General Assemblies, General Courts, or other

bodies legally qualified as aforesaid, have at sundry times

freely granted several large subsidies and public aids for

his Majesty's service, according to their abilities, when

required thereto by letter from one of his Majesty's

principal Secretaries of State; and that their right to grant the

same, and their cheerfulness and sufficiency in the said

grants, have been at sundry times acknowledged by Parliament."

To say nothing of their great expenses in the Indian wars, and not to

take their exertion in foreign ones so high as the supplies in the year

1695--not to go back to their public contributions in the year 1710--I

shall begin to travel only where the journals give me light, resolving

to deal in nothing but fact, authenticated by Parliamentary record, and

to build myself wholly on that solid basis.

On the 4th of April, 1748, a Committee of this House came to the

following resolution:

"Resolved: That it is the opinion of this Committee that it is

just and reasonable that the several Provinces and Colonies

of Massachusetts Bay, New Hampshire, Connecticut, and

Rhode Island, be reimbursed the expenses they have been

at in taking and securing to the Crown of Great Britain,

the Island of Cape Breton and its dependencies."

The expenses were immense for such Colonies. They were above L200,000

sterling; money first raised and advanced on their public credit.

On the 28th of January, 1756, a message from the King came to us, to

this effect:

"His Majesty, being sensible of the zeal and vigor with which

his faithful subjects of certain Colonies in North America

have exerted themselves in defence of his Majesty's just

rights and possessions, recommends it to this House to

take the same into their consideration, and to enable his

Majesty to give them such assistance as may be a proper

reward and encouragement."

On the 3d of February, 1756, the House came to a suitable Resolution,

expressed in words nearly the same 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 vigor. It will not be necessary to

go through all the testimonies which your own records have given to

the truth of my Resolutions. I will only refer you to the places in the

Journals:

Vol. xxvii.--16th and 19th May, 1757.

Vol. xxviii.--June 1st, 1758; April 26th and 30th, 1759;

March 26th and 31st, 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 satiety. This nation has formally

acknowledged two things: first, that the Colonies had gone beyond their

abilities, Parliament having thought it necessary to reimburse them;

secondly, that they had acted legally and laudably in their grants

of money, and their maintenance of troops, since the compensation is

expressly given as reward and encouragement. Reward is not bestowed for

acts that are unlawful; and encouragement is not held out to things that

deserve reprehension. My Resolution therefore does nothing more than

collect into one proposition what is scattered through your Journals. I

give you nothing but your own; and you cannot refuse in the gross what

you have so often acknowledged in detail. The admission of this, which

will be so honorable to them and to you, will, indeed, be mortal to

all the miserable stories by which the passions of the misguided people

[Footnote: 58] have been engaged in an unhappy system. The people heard,

indeed, from the beginning of these disputes, one thing continually

dinned in their ears, that reason and justice demanded that the

Americans, who paid no taxes, should be compelled to contribute. How did

that fact of their paying nothing stand when the taxing system began?

When Mr. Grenville began to form his system of American revenue, he

stated in this House that the Colonies were then in debt two millions

six hundred thousand pounds sterling money, and was of opinion they

would discharge that debt in four years. On this state, those untaxed

people were actually subject to the payment of taxes to the amount of

six hundred and fifty thousand a year. In fact, however, Mr. Grenville

was mistaken. The funds given for sinking the debt did not prove quite

so ample as both the Colonies and he expected. The calculation was too

sanguine; the reduction was not completed till some 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 burthens imposed in consequence of former requisitions were

discharged, our tone became too high to resort again to requisition. No

Colony, since that time, ever has had any requisition whatsoever made to

it.

We see the sense of the Crown, and the sense of Parliament, on the

productive nature of a REVENUE BY GRANT. Now search the same Journals

for the produce of the REVENUE BY IMPOSITION. Where is it? Let us know

the volume and the page. What is the gross, what is the net produce? To

what service is it applied? How have you appropriated its surplus? What!

Can none of the many skilful index-makers that we are now employing find

any trace of it?--Well, let them and that rest together. But are the

Journals, which say nothing of the revenue, as silent on the discontent?

Oh no! a child may find it. It is the melancholy burthen and blot of

every page.

I think, then, I am, from those Journals, justified in the sixth and

last Resolution, which is---

"That it hath been found by experience that the manner of granting the

said supplies and aids, by the said General Assemblies, hath been more

agreeable to the said Colonies, and more beneficial and conducive to the

public service, than the mode of giving and granting aids in Parliament,

to be raised and paid in the said Colonies."

This makes the whole of the fundamental part of the plan. The conclusion

is irresistible. You cannot say that you were driven by any necessity to

an exercise of the utmost rights of legislature. You cannot assert that

you took on yourselves the task of imposing Colony taxes from the want

of another legal body that is competent to the purpose of supplying the

exigencies of the state without wounding the prejudices of the

people. Neither is it true that the body so qualified, and having that

competence, had neglected the duty.

The question now, on all this accumulated matter, is: whether you will

choose to abide by a profitable experience, or a mischievous theory;

whether you choose to build on imagination, or fact; whether you prefer

enjoyment, or hope; satisfaction in your subjects, or discontent?

Burke's Speech on Conciliation with America · 第 5 / 8 段