If these propositions are accepted, everything which has been made to

enforce a contrary system must, I take it for granted, fall along with

it. On that ground, I have drawn the following Resolution, which, when

it comes to be moved, will naturally be divided in a proper manner:

"That it may be proper to repeal an Act [Footnote: 59] made in the

seventh year of the reign of his present Majesty, entitled, An Act

for granting certain duties in the British Colonies and Plantations

in America; for allowing a drawback of the duties of customs upon the

exportation from this Kingdom of coffee and cocoa-nuts of the produce

of the said Colonies or Plantations; for discontinuing the drawbacks

payable on china earthenware exported to America; and for more

effectually preventing the clandestine running of goods in the said

Colonies and Plantations. And that it may be proper to repeal an Act

[Footnote: 60] made in the fourteenth year of the reign of his present

Majesty, entitled, An Act to discontinue, in such manner and for such

time as are therein mentioned, the landing and discharging, lading or

shipping of goods, wares, and merchandise at the town and within

the harbor of Boston, in the Province of Massachusetts Bay, in North

America. And that it may be proper to repeal an Act made in the

fourteenth year of the reign of his present Majesty, entitled, An Act

for the impartial administration of justice [Footnote: 61] in the cases

of persons questioned for any acts done by them in the execution of the

law, or for the suppression of riots and tumults, in the Province of

Massachusetts Bay, in New England. And that it may be proper to repeal

an Act made in the fourteenth year of the reign of his present Majesty,

entitled, An Act for the better regulating [Footnote: 62] of the

Government of the Province of the Massachusetts Bay, in New England.

And also that it may be proper to explain and amend an Act made in the

thirty-fifth year of the reign of King Henry the Eighth, entitled, An

Act for the Trial of Treasons [Footnote: 63] committed out of the King's

Dominions."

I wish, Sir, to repeal the Boston Port Bill, because--independently of

the dangerous precedent of suspending the rights of the subject during

the King's pleasure--it was passed, as I apprehend, with less regularity

and on more partial principles than it ought. The corporation of Boston

was not heard before it was condemned. Other towns, full as guilty as

she was, have not had their ports blocked up. Even the Restraining Bill

of the present session does not go to the length of the Boston Port

Act. The same ideas of prudence which induced you not to extend equal

punishment to equal guilt, even when you were punishing, induced me,

who mean not to chastise, but to reconcile, to be satisfied with the

punishment already partially inflicted.

Ideas of prudence and accommodation to circumstances prevent you from

taking away the charters of Connecticut and Rhode Island, as you have

taken away that of Massachusetts Bay, though the Crown has far less

power in the two former provinces than it enjoyed in the latter, and

though the abuses have been full as great, and as flagrant, in

the exempted as in the punished. The same reasons of prudence

and accommodation have weight with me in restoring the charter of

Massachusetts Bay. Besides, Sir, the Act which changes the charter of

Massachusetts is in many particulars so exceptionable that if I did not

wish absolutely to repeal, I would by all means desire to alter it,

as several of its provisions tend to the subversion of all public and

private justice. Such, among others, is the power in the Governor to

change the sheriff at his pleasure, and to make a new returning officer

for every special cause. It is shameful to behold such a regulation

standing among English laws.

The Act for bringing persons accused of committing murder, under the

orders of Government to England for trial, is but temporary. That Act

has calculated the probable duration of our quarrel with the Colonies,

and is accommodated to that supposed duration. I would hasten the happy

moment of reconciliation, and therefore must, on my principle, get rid

of that most justly obnoxious Act.

The Act of Henry the Eighth, for the Trial of Treasons, I do not mean

to take away, but to confine it to its proper bounds and original

intention; to make it expressly for trial of treasons--and the greatest

treasons may be committed--in places where the jurisdiction of the Crown

does not extend.

Having guarded the privileges of local legislature, I would next secure

to the Colonies a fair and unbiassed judicature, for which purpose, Sir,

I propose the following Resolution:

"That, from the time when the General Assembly or General Court of any

Colony or Plantation in North America shall have appointed by Act of

Assembly, duly confirmed, a settled salary to the offices of the Chief

Justice and other Judges of the Superior Court, it may be proper that

the said Chief Justice and other Judges of the Superior Courts of such

Colony shall hold his and their office and offices during their good

behavior, and shall not be removed therefrom but when the said removal

shall be adjudged by his Majesty in Council, upon a hearing on complaint

from the General Assembly, or on a complaint from the Governor, or

Council, or the House of Representatives severally, or of the Colony in

which the said Chief Justice and other Judges have exercised the said

offices."

The next Resolution relates to the Courts of Admiralty. It is this.

"That it may be proper to regulate the Courts of Admiralty or Vice

Admiralty authorized by the fifteenth Chapter of the Fourth of George

the Third, in such a manner as to make the same more commodious to those

who sue, or are sued, in the said Courts, and to provide for the more

decent maintenance of the Judges in the same."

These courts I do not wish to take away, they are in themselves proper

establishments. This court is one of the capital securities of the

Act of Navigation. The extent of its jurisdiction, indeed, has been

increased, but this is altogether as proper, and is indeed on many

accounts more eligible, where new powers were wanted, than a court

absolutely new. But courts incommodiously situated, in effect, deny

justice, and a court partaking in the fruits of its own condemnation is

a robber. The Congress complain, and complain justly, of this grievance.

These are the three consequential propositions I have thought of two or

three more, but they come rather too near detail, and to the province

of executive government, which I wish Parliament always to superintend,

never to assume. If the first six are granted, congruity will carry the

latter three. If not, the things that remain unrepealed will be, I

hope, rather unseemly incumbrances on the building, than very materially

detrimental to its strength and stability.

Here, Sir, I should close, but I plainly perceive some objections

remain which I ought, if possible, to remove. The first will be that, in

resorting to the doctrine of our ancestors, as contained in the preamble

to the Chester Act, I prove too much, that the grievance from a want

of representation, stated in that preamble, goes to the whole of

legislation as well as to taxation, and that the Colonies, grounding

themselves upon that doctrine, will apply it to all parts of legislative

authority.

To this objection, with all possible deference and humility, and wishing

as little as any man living to impair the smallest particle of our

supreme authority, I answer, that the words are the words of Parliament,

and not mine, and that all false and inconclusive inferences drawn from

them are not mine, for I heartily disclaim any such inference. I have

chosen the words of an Act of Parliament which Mr. Grenville, surely

a tolerably zealous and very judicious advocate for the sovereignty of

Parliament, formerly moved to have read at your table in confirmation of

his tenets. It is true that Lord Chatham considered these preambles as

declaring strongly in favor of his opinions. He was a no less powerful

advocate for the privileges of the Americans. Ought I not from hence to

presume that these preambles are as favorable as possible to both, when

properly understood; favorable both to the rights of Parliament, and to

the privilege of the dependencies of this Crown? But, Sir, the object of

grievance in my Resolution I have not taken from the Chester, but from

the Durham Act, which confines the hardship of want of representation

to the case of subsidies, and which therefore falls in exactly with the

case of the Colonies. But whether the unrepresented counties were de

jure or de facto [Footnote: 64] bound, the preambles do not accurately

distinguish, nor indeed was it necessary; for, whether de jure or de

facto, the Legislature thought the exercise of the power of taxing as

of right, or as of fact without right, equally a grievance, and equally

oppressive.

I do not know that the Colonies have, in any general way, or in any cool

hour, gone much beyond the demand of humanity in relation to taxes. It

is not fair to judge of the temper or dispositions of any man, or any

set of men, when they are composed and at rest, from their conduct

or their expressions in a state of disturbance and irritation. It

is besides a very great mistake to imagine that mankind follow up

practically any speculative principle, either of government or of

freedom, as far as it will go in argument and logical illation. We

Englishmen stop very short of the principles upon which we support any

given part of our Constitution, or even the whole of it together. I

could easily, if I had not already tired you, give you very striking

and convincing instances of it. This is nothing but what is natural and

proper. All government, indeed every human benefit and enjoyment, every

virtue, and every prudent act, is founded on compromise and barter. We

balance inconveniences; we give and take; we remit some rights, that we

may enjoy others; and we choose rather to be happy citizens than subtle

disputants. As we must give away some natural liberty to enjoy civil

advantages, so we must sacrifice some civil liberties for the advantages

to be derived from the communion and fellowship of a great empire. But,

in all fair dealings, the thing bought must bear some proportion to the

purchase paid. None will barter away the immediate jewel of his soul.

[Footnote: 65] Though a great house is apt to make slaves haughty, yet

it is purchasing a part of the artificial importance of a great empire

too dear to pay for it all essential rights and all the intrinsic

dignity of human nature. None of us who would not risk his life rather

than fall under a government purely arbitrary. But although there are

some amongst us who think our Constitution wants many improvements

to make it a complete system of liberty, perhaps none who are of that

opinion would think it right to aim at such improvement by disturbing

his country, and risking everything that is dear to him. In every

arduous enterprise we consider what we are to lose, as well as what

we are to gain; and the more and better stake of liberty every people

possess, the less they will hazard in a vain attempt to make it more.

These are the cords of man. Man acts from adequate motives relative to

his interest, and not on metaphysical speculations. Aristotle, the great

master of reasoning, cautions us, and with great weight and propriety,

against this species of delusive geometrical accuracy in moral arguments

as the most fallacious of all sophistry.

The Americans will have no interest contrary to the grandeur and glory

of England, when they are not oppressed by the weight of it; and

they will rather be inclined to respect the acts of a superintending

legislature when they see them the acts of that power which is itself

the security, not the rival, of their secondary importance. In this

assurance my mind most perfectly acquiesces, and I confess I feel not

the least alarm from the discontents which are to arise from putting

people at their ease, nor do I apprehend the destruction of this Empire

from giving, by an act of free grace and indulgence, to two millions of

my fellow-citizens some share of those rights upon which. I have always

been taught to value myself.

It is said, indeed, that this power of granting, vested in American

Assemblies, would dissolve the unity of the Empire, which was preserved

entire, although Wales, and Chester, and Durham were added to it. Truly,

Mr. Speaker, I do not know what this unity means, nor has it ever been

heard of, that I know, in the constitutional policy of this country. The

very idea of subordination of parts excludes this notion of simple and

undivided unity. England is the head; but she is not the head and the

members too. Ireland has ever had from the beginning a separate, but not

an independent, legislature, which, far from distracting, promoted the

union of the whole. Everything was sweetly and harmoniously disposed

through both islands for the conservation of English dominion, and

the communication of English liberties. I do not see that the same

principles might not be carried into twenty islands and with the same

good effect. This is my model with regard to America, as far as the

internal circumstances of the two countries are the same. I know no

other unity of this Empire than I can draw from its example during these

periods, when it seemed to my poor understanding more united than it is

now, or than it is likely to be by the present methods.

But since I speak of these methods, I recollect, Mr. Speaker, almost

too late, that I promised, before I finished, to say something of the

proposition of the noble lord on the floor, which has been so lately

received and stands on your Journals. I must be deeply concerned

whenever it is my misfortune to continue a difference with the majority

of this House; but as the reasons for that difference are my apology for

thus troubling you, suffer me to state them in a very few words. I shall

compress them into as small a body as I possibly can, having already

debated that matter at large when the question was before the Committee.

First, then, I cannot admit that proposition of a ransom [Footnote: 66]

by auction; because it is a mere project. It is a thing new, unheard of;

supported by no experience; justified by no analogy; without example

of our ancestors, or root in the Constitution. It is neither regular

Parliamentary taxation, nor Colony grant. Experimentum in corpore vili

[Footnote: 67] is a good rule, which will ever make me adverse to any

trial of experiments on what is certainly the most valuable of all

subjects, the peace of this Empire.

Secondly, it is an experiment which must be fatal in the end to our

Constitution. For what is it but a scheme for taxing the Colonies in the

ante-chamber of the noble lord and his successors? To settle the quotas

and proportions in this House is clearly impossible. You, Sir, may

flatter yourself you shall sit a state auctioneer, with your hammer in

your hand, and knock down to each Colony as it bids. But to settle, on

the plan laid down by the noble lord, the true proportional payment for

four or five and twenty governments according to the absolute and the

relative wealth of each, and according to the British proportion of

wealth and burthen, is a wild and chimerical notion. This new taxation

must therefore come in by the back door of the Constitution. Each quota

must be brought to this House ready formed; you can neither add nor

alter. You must register it. You can do nothing further, for on what

grounds can you deliberate either before or after the proposition? You

cannot hear the counsel for all these provinces, quarrelling each on

its own quantity of payment, and its proportion to others If you should

attempt it, the Committee of Provincial Ways and Means, or by whatever

other name it will delight to be called, must swallow up all the time of

Parliament.

Thirdly, it does not give satisfaction to the complaint of the Colonies.

They complain that they are taxed without their consent, you answer,

that you will fix the sum at which they shall be taxed. That is, you

give them the very grievance for the remedy. You tell them, indeed, that

you will leave the mode to themselves. I really beg pardon--it gives me

pain to mention it--but you must be sensible that you will not perform

this part of the compact. For, suppose the Colonies were to lay the

duties, which furnished their contingent, upon the importation of your

manufactures, you know you would never suffer such a tax to be laid. You

know, too, that you would not suffer many other modes of taxation, so

that, when you come to explain yourself, it will be found that you

will neither leave to themselves the quantum nor the mode, nor indeed

anything. The whole is delusion from one end to the other.

Fourthly, this method of ransom by auction, unless it be universally

accepted, will plunge you into great and inextricable difficulties. In

what year of our Lord are the proportions of payments to be settled? To

say nothing of the impossibility that Colony agents should have general

powers of taxing the Colonies at their discretion, consider, I implore

you, that the communication by special messages and orders between these

agents and their constituents, on each variation of the case, when

the parties come to contend together and to dispute on their relative

proportions, will be a matter of delay, perplexity, and confusion that

never can have an end.

If all the Colonies do not appear at the outcry, what is the condition

of those assemblies who offer, by themselves or their agents, to tax

themselves up to your ideas of their proportion? The refractory

Colonies who refuse all composition will remain taxed only to your old

impositions, which, however grievous in principle, are trifling as to

production. The obedient Colonies in this scheme are heavily taxed, the

refractory remain unburdened. What will you do? Will you lay new and

heavier taxes by Parliament on the disobedient? Pray consider in what

way you can do it. You are perfectly convinced that, in the way of

taxing, you can do nothing but at the ports. Now suppose it is Virginia

that refuses to appear at your auction, while Maryland and North

Carolina bid handsomely for their ransom, and are taxed to your quota,

how will you put these Colonies on a par? Will you tax the tobacco of

Virginia? If you do, you give its death-wound to your English revenue

at home, and to one of the very greatest articles of your own foreign

trade. If you tax the import of that rebellious Colony, what do you

tax but your own manufactures, or the goods of some other obedient and

already well-taxed Colony? Who has said one word on this labyrinth of

detail, which bewilders you more and more as you enter into it? Who

has presented, who can present you with a clue to lead you out of it?

I think, Sir, it is impossible that you should not recollect that the

Colony bounds are so implicated in one another,--you know it by

your other experiments in the bill for prohibiting the New England

fishery,--that you can lay no possible restraints on almost any of them

which may not be presently eluded, if you do not confound the innocent

with the guilty, and burthen those whom, upon every principle, you ought

to exonerate. He must be grossly ignorant of America who thinks that,

without falling into this confusion of all rules of equity and policy,

you can restrain any single Colony, especially Virginia and Maryland,

the central and most important of them all.

Let it also be considered that, either in the present confusion you

settle a permanent contingent, which will and must be trifling, and

then you have no effectual revenue; or you change the quota at every

exigency, and then on every new repartition you will have a new quarrel.

Reflect, besides, that when you have fixed a quota for every Colony,

you have not provided for prompt and punctual payment. Suppose one, two,

five, ten years' arrears. You cannot issue a Treasury Extent against

the failing Colony. You must make new Boston Port Bills, new restraining

laws, new acts for dragging men to England for trial. You must send out

new fleets, new armies. All is to begin again. From this day forward the

Empire is never to know an hour's tranquillity. An intestine fire will

be kept alive in the bowels of the Colonies, which one time or other

must consume this whole Empire. I allow indeed that the empire of

Germany raises her revenue and her troops by quotas and contingents;

but the revenue of the empire, and the army of the empire, is the worst

revenue and the worst army in the world.

Instead of a standing revenue, you will therefore have a perpetual

quarrel. Indeed, the noble lord who proposed this project of a ransom

by auction seems himself to be of that opinion. His project was rather

designed for breaking the union of the Colonies than for establishing a

revenue. He confessed he apprehended that his proposal would not be to

their taste. I say this scheme of disunion seems to be at the bottom of

the project; for I will not suspect that the noble lord meant nothing

but merely to delude the nation by an airy phantom which he never

intended to realize. But whatever his views may be, as I propose the

peace and union of the Colonies as the very foundation of my plan, it

cannot accord with one whose foundation is perpetual discord.

Compare the two. This I offer to give you is plain and simple. The other

full of perplexed and intricate mazes. This is mild; that harsh. This

is found by experience effectual for its purposes; the other is a new

project. This is universal; the other calculated for certain Colonies

only. This is immediate in its conciliatory operation; the other remote,

contingent, full of hazard. Mine is what becomes the dignity of a ruling

people--gratuitous, unconditional, and not held out as a matter of

bargain and sale. I have done my duty in proposing it to you. I have

indeed tired you by a long discourse; but this is the misfortune of

those to whose influence nothing will be conceded, and who must win

every inch of their ground by argument. You have heard me with goodness.

May you decide with wisdom! For my part, I feel my mind greatly

disburthened by what I have done to-day. I have been the less fearful

of trying your patience, because on this subject I mean to spare it

altogether in future. I have this comfort, that in every stage of the

American affairs I have steadily opposed the measures that have produced

the confusion, and may bring on the destruction, of this Empire. I now

go so far as to risk a proposal of my own. If I cannot give peace to my

country, I give it to my conscience.

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