Part 9

The Constitutions of the different colonies are thus made up of different principles. They must remain dependent, from the necessity of things, and their relations to the jurisdiction of the mother country; or they must be totally dismembered from it, and form a league of union among themselves against it, which could not be effected without great violences. No one ever thought the contrary till the trumpet of sedition was blown. Acts of Parliament have been made, not only without a doubt of their legality, but with universal applause, the great object of which has been ultimately to fix the trade of the colonies, so as to centre in the bosom of that country from whence they took their original. The Navigation Act shut up their intercourse with foreign countries.[35] Their ports have been made subject to customs and regulations which have cramped and diminished their trade. And duties have been laid, affecting the very inmost parts of their commerce, and, among others, that of the post; yet all these have been submitted to peaceably, and no one ever thought till now of this doctrine, that the colonies are not to be taxed, regulated, or bound by Parliament. A few particular merchants were then, as now, displeased at restrictions which did not permit them to make the greatest possible advantages of their commerce in their own private and peculiar branches. But, though these few merchants might think themselves losers in articles which they had no right to gain, as being prejudicial to the general and national system, yet I must observe that the colonies, upon the whole, were benefited by these laws. For these restrictive laws, founded upon principles of the most solid policy, flung a great weight of naval force into the hands of the mother country, which was to protect its colonies. Without a union with her, the colonies must have been entirely weak and defenceless, but they thus became relatively great, subordinately, and in proportion as the mother country advanced in superiority over the rest of the maritime powers in Europe, to which both mutually contributed, and of which both have reaped a benefit, equal to the natural and just relation in which they both stand reciprocally, of dependency on one side, and protection on the other.

There can be no doubt, my Lords, but that the inhabitants of the colonies are as much represented in Parliament, as the greatest part of the people of England are represented; among nine millions of whom there are eight which have no votes in electing members of Parliament. Every objection, therefore, to the dependency of the colonies upon Parliament, which arises to it upon the ground of representation, goes to the whole present Constitution of Great Britain; and I suppose it is not meant to new-model _that_ too. People may form speculative ideas of perfection, and indulge their own fancies or those of other men. Every man in this country has his particular notion of liberty; but perfection never did, and never can exist in any human institution. To what purpose, then, are arguments drawn from a distinction, in which there is no real difference—of a virtual and actual representation? A member of Parliament, chosen for any borough, represents not only the constituents and inhabitants of that particular place, but he represents the inhabitants of every other borough in Great Britain. He represents the city of London, and all the other commons of this land, and the inhabitants of all the colonies and dominions of Great Britain; and is, in duty and conscience, bound to take care of their interests.

I have mentioned the customs and the post tax. This leads me to answer another distinction, as false as the above; the distinction of internal and external taxes. The noble Lord who quoted so much law, and denied upon those grounds the right of the Parliament of Great Britain to lay internal taxes upon the colonies, allowed at the same time that restrictions upon trade, and duties upon the ports, were legal. But I cannot see a real difference in this distinction; for I hold it to be true, that a tax laid in any place is like a pebble falling into and making a circle in a lake, till one circle produces and gives motion to another, and the whole circumference is agitated from the centre. For nothing can be more clear than that a tax of ten or twenty per cent. laid upon tobacco, either in the ports of Virginia or London, is a duty laid upon the inland plantations of Virginia, a hundred miles from the sea, wheresoever the tobacco grows.

I do not deny but that a tax may be laid injudiciously and injuriously, and that people in such a case may have a right to complain. But the nature of the tax is not now the question; whenever it comes to be one, I am for lenity. I would have no blood drawn. There is, I am satisfied, no occasion for any to be drawn. A little time and experience of the inconveniences and miseries of anarchy, may bring people to their senses.

With respect to what has been said or written upon this subject, I differ from the noble Lord, who spoke of Mr. Otis and his book with contempt, though he maintained the same doctrine in some points, while in others he carried it farther than Otis himself, who allows everywhere the supremacy of the Crown over the colonies.[36] No man, on such a subject, is contemptible. Otis is a man of consequence among the people there. They have chosen him for one of their deputies at the Congress and general meeting from the respective governments. It was said, the man is mad. What then? One madman often makes many. Masaniello was mad. Nobody doubts it; yet, for all that, he overturned the government of Naples. Madness is catching in all popular assemblies and upon all popular matters. The book is full of wildness. I never read it till a few days ago, for I seldom look into such things. I never was actually acquainted with the contents of the Stamp Act, till I sent for it on purpose to read it before the debate was expected. With respect to authorities in _another House_, I know nothing of them. I believe that I have not been in that House more than once since I had the honor to be called up to this; and, if I did know any thing that passed in the other House, I could not, and would not, mention it as an authority here. I ought not to mention any such authority. I should think it beneath my own and your Lordship’s dignity to speak of it.

I am far from bearing any ill will to the Americans; they are a very good people, and I have long known them. I began life with them, and owe much to them, having been much concerned in the plantation causes before the privy council; and so I became a good deal acquainted with American affairs and people. I dare say, their heat will soon be over, when they come to feel a little the consequences of their opposition to the Legislature. Anarchy always cures itself; but the ferment will continue so much the longer, while hot-headed men there find that there are persons of weight and character to support and justify them here.

Indeed, if the disturbances should continue for a great length of time, force must be the consequence, an application adequate to the mischief, and arising out of the necessity of the case; for force is only the difference between a superior and subordinate jurisdiction. In the former, the whole force of the Legislature resides collectively, and when it ceases to reside, the whole connection is dissolved. It will, indeed, be to very little purpose that we sit here enacting laws, and making resolutions, if the inferior will not obey them, or if we neither can nor dare enforce them; for then, and then, I say, of necessity, the matter comes to the sword. If the offspring are grown too big and too resolute to obey the parent, you must try which is the strongest, and exert all the powers of the mother country to decide the contest.

I am satisfied, notwithstanding, that time and a wise and steady conduct may prevent those extremities which would be fatal to both. I remember well when it was the violent humor of the times to decry standing armies and garrisons as dangerous, and incompatible with the liberty of the subject. Nothing would do but a regular militia. The militia are embodied; they march; and no sooner was the militia law thus put into execution, but it was then said to be an intolerable burden upon the subject, and that it would fall, sooner or later, into the hands of the Crown. That was the language, and many counties petitioned against it. This may be the case with the colonies. In many places they begin already to feel the effects of their resistence to government. Interest very soon divides mercantile people; and, although there may be some mad, enthusiastic, or ill-designing people in the colonies, yet I am convinced that the greatest bulk, who have understanding and property, are still well affected to the mother country. You have, my Lords, many friends still in the colonies; and take care that you do not, by abdicating your own authority, desert them and yourselves, and lose them forever.

In all popular tumults, the worst men bear the sway at first. Moderate and good men are often silent for fear or modesty, who, in good time, may declare themselves. Those who have any property to lose are sufficiently alarmed already at the progress of these public violences and violations, to which every man’s dwelling, person, and property are hourly exposed. Numbers of such valuable men and good subjects are ready and willing to declare themselves for the support of government in due time, if government does not fling away its own authority.

My Lords, the Parliament of Great Britain has its rights over the colonies; but it may abdicate its rights.

There was a thing which I forgot to mention. I mean, the manuscript quoted by the noble Lord. He tells you that it is there said, that if the act concerning Ireland had passed, the Parliament might have abdicated its rights as to Ireland. In the first place, I heartily wish, my Lords, that Ireland had not been named, at a time when that country is of a temper and in a situation so difficult to be governed; and when we have already here so much weight upon our hands, encumbered with the extensiveness, variety, and importance of so many objects in a vast and too busy empire, and the national system shattered and exhausted by a long, bloody, and expensive war, but more so by our divisions at home, and a fluctuation of counsels. I wish Ireland, therefore, had never been named.

I pay as much respect as any man to the memory of Lord Chief Justice Hale; but I did not know that he had ever written upon the subject; and I differ very much from thinking with the noble Lord, that this manuscript ought to be published. So far am I from it, that I wish the manuscript had never been named; for Ireland is too tender a subject to be touched. The case of Ireland is as different as possible from that of our colonies. Ireland was a conquered country; it had its _pacta conventa_ and its _regalia_. But to what purpose is it to mention the manuscript? It is but the opinion of one man. When it was written, or for what particular object it was written, does not appear. It might possibly be only a work of youth, or an exercise of the understanding, in sounding and trying a question problematically. All people, when they first enter professions, make their collections pretty early in life; and the manuscript may be of that sort. However, be it what it may, the opinion is but problematical; for the act to which the writer refers never passed, and Lord Hale only said, that if it had passed, the Parliament might have abdicated their right.

But, my Lords, I shall make this application of it. You may abdicate your right over the colonies. Take care, my Lords, how you do so, for such an act will be irrevocable. Proceed, then, my Lords, with spirit and firmness; and, when you shall have established your authority, it will then be a time to show your lenity. The Americans, as I said before, are a very good people, and I wish them exceedingly well; but they are heated and inflamed. The noble Lord who spoke before ended with a prayer. I cannot end better than by saying to it Amen; and in the words of Maurice, Prince of Orange, concerning the Hollanders: “_God bless this industrious, frugal, and well-meaning, but easily-deluded people._”

The Stamp Act was repealed, and the Declaratory Act, thus advocated by Lord Mansfield, was also passed by a large majority.

The positions taken by Lord Mansfield were answered in a variety of ways by the colonists. What may be called the American Case, was carefully stated in a “Declaration of Rights and Grievances,” passed by the New York Congress, October 19, 1765. The substance of the American claims may be summarized in the following propositions:

1. They owed their existence not to Parliament, but to the Crown. The King, in the exercise of the high sovereignty then conceded to him, had made them by charter _complete civil communities_, with legislatures of their own having power to lay taxes and do all other acts which were necessary to their subsistence as distinct governments. Hence,

2. They stood substantially on the same footing as Scotland previous to the Union. Like her they were subject to the Navigation Act, and similar regulations touching the _external_ relations of the empire; and like her the ordinary legislation of England did not reach them, nor did the common law any farther than they chose to adopt it. Hence,

3. They held themselves amenable in their internal concerns, not to Parliament, but to the Crown alone. It was to the _King_ in council or to _his_ courts that they made those occasional references and appeals, which Lord Mansfield endeavors to draw into precedents. So “the post tax” spoken of above, did not originate in Parliament, but in a charter to an individual which afterward reverted to the Crown, and it was in this way alone that the post-office in America became connected with that of England. Even the American Declaration of Independence does not once refer to the British Parliament. The colonists held that they owed allegiance to the King only, and hence it was the King’s conduct alone that was regarded as a just reason for their renouncing their allegiance. One of their grievances was, that he confederated with others in “_pretended acts of legislation_.”

The Colonists supported their argument by an appeal to “long-continued usage.” Burke acknowledged the force of this position, though he drew from it the conclusion merely that, “to introduce a change now, is both inexpedient and unwise.” The Colonists, on the contrary, held: “You have no right to lay the taxes.” The attitude of the colonies is best studied in the volume of “Prior Documents to Almon’s Remembrancer,” where all the important papers and the resolutions of the several colonies are given. See, also, Pilkin’s “Political History,” Marshall’s “American Colonies,” and vol. i. of Story, “On the Constitution.” There is an excellent summary of the debate in the English Parliament, probably written by Burke, in the _Annual Register_, vol. ix., pp. 35–48; and a still fuller one embracing the examination of Franklin, in Hansard’s “Parliamentary History,” vol. xvi., pp. 90–200.

EDMUND BURKE.

There is much in the oratory of Edmund Burke to suggest the amplitude of mind and the power and scope of intellectual grasp that characterized Shakespeare. He surveyed every subject as if standing on an eminence and taking a view of it in all its relations, however complex and remote. United with this remarkable comprehensiveness was also a subtlety of intellect that enabled him to penetrate the most complicated relations and unravel the most perplexed intricacies. Why? Whence? For what end? With what results? were the questions that his mind seemed always to be striving to answer. The special objects to which he applied himself were the workings of political institutions, the principles of wise legislation, and the sources of national security and advancement. _Rerum cognoscere causas_,—to know the causes of things—in all the multiform relations of organized society, was the constant end of his striving. More than any other one that has written in English he was a political philosopher. But he was far more than that. He had a memory of extraordinary grasp and tenacity; and this, united with a tireless industry, gave him an affluence of knowledge that has rarely been equalled. He had the fancy of a poet, and his imagination surveyed the whole range of human experience for illustrations with which to enrich the train of his thought.

For the purposes of legislative persuasion many of Burke’s qualities were a hindrance rather than a help. His course of reasoning was often too elaborate to be carried in the mind of the hearer. His exuberant fancy constantly tempted him into illustrative excursions that led the hearer too far away from the march of the argument. The one thing which he always found it difficult to do was to restrain the exuberance of his genius. He could not be straightforward and unadorned. He carried his wealth with him and displayed it on all occasions. Mr. Matthew Arnold has very happily characterized this feature of his mind as “Asiatic.” “He is the only man,” said Johnson, “whose common conversation corresponds with the general fame which he has in the world. No man of sense could meet Burke by accident under a gateway to avoid a shower without being convinced that he was the first man in England.”

It is not singular that these characteristics were often thought to be oppressive. In the House of Commons he sometimes poured forth the wealth of his knowledge for hour after hour till the members were burdened and driven out of the House in sheer self-defence. This peculiarity was well described by the satirist who said:

“He went on refining, And thought of convincing when they thought of dining.”

Erskine, during the delivery of the speech on “Conciliation with America,” crept out of the House behind the benches on his hands and knees, and yet afterward wrote that he thought the speech the most remarkable one of ancient or modern times.

But this vast superabundance, this superfluity of riches, so oppressive to the ear of the hearer, must ever be a source of pleasure and profit to the thoughtful reader. It is safe to say that there is no other oratory of any language or time that yields so rich a return to the thoughtful efforts of the genuine student. What Fox said to members of Parliament in regard to the speech on the “Nabob of Arcot’s debts,” may be appropriately said with perhaps even greater emphasis to American students in regard to either of the speeches on American affairs: “Let gentlemen read this speech by day and meditate on it by night: let them peruse it again and again, study it, imprint it on their minds, impress it on their hearts.” After all that has been written, the student can nowhere find a more correct and comprehensive account of the causes of the American Revolution than in the speeches on Taxation and Conciliation.

Burke’s education had given him peculiar qualifications for discussing American affairs. These qualifications were both general and special. At the age of fourteen he entered Trinity College in his native city of Dublin, where he remained six years, performing not only his regular college duties, but carrying on a very elaborate course of study of his own devising. He not only read a greater part of the poets and orators of antiquity, but he also devoted himself to philosophy in such a way that his mind took that peculiar bent which made him ultimately what has been called “the _philosophical_ orator” of the language. In 1750, when he was twenty, he began the study of law at the Middle Temple, in London. But his law studies were not congenial to him; and his great energies, therefore, were chiefly devoted to the study of what would now be called Political Science. It was at this period that he acquired that habit which never deserted him of following out trains of thought to their end, and framing his views on every subject he investigated into an organized system. He was a very careful student of Bolingbroke’s works; and such an impression had this writer’s methods of reasoning made upon him, that when his first pamphlet, “The Vindication of Natural Society” appeared in 1756, it was thought by many to be a posthumous work of Bolingbroke himself. In the same year he astonished the reading world by publishing at the age of twenty-six, his celebrated philosophical treatise on the “Sublime and Beautiful.” But the best of his thoughts were given to a contemplation of the forms and principles of civil society. In 1757 he prepared and published two volumes on the “European Settlements in America,” in the course of which, he showed that he had already traced the character of the Colonial institutions to the spirit of their ancestors, and to an indomitable love of liberty. While preparing these volumes his prophetic intelligence came to see the boundless resources and the irresistible strength that the colonies were soon destined to attain. Thus more than ten years before the troubles with America began, Burke had filled his mind with stores of knowledge in regard to American affairs, and had qualified himself for those marvellous trains of reasoning with which he came forward when the Stamp Act was proposed. The very next year after the publication of his treatise on the American Colonies, he projected the _Annual Register_; a work which even down to the present day has continued to give a yearly account of the most important occurrences in all parts of the globe. The undertaking could hardly have been successful except in the hands of a man of extraordinary powers. The first volumes were written almost exclusively by Burke, and the topics discussed as well as the events described, offered the best of opportunities for the exercise of his peculiar gifts. So great was the demand for the work that the early volumes rapidly passed through several editions. The first article in the first volume is devoted to the relations of the American Colonies to the mother country; and the preëminence, thus indicated of the American question in Burke’s mind, continued to be evident till the outbreak of the Revolution.

Burke entered Parliament in 1765, and in January, 1766, he delivered his maiden speech in opposition to the Stamp Act. The effort was not simply successful,—it showed so much compass and power that Pitt publicly complimented him as “a very able advocate.” In 1771, he received the appointment of agent for the Colony of New York, a position which he continued to hold till the outbreak of the war. Thus, not only by his general attainments and abilities, but also as the result of his special application to the subject, he brought to the discussion of the question qualifications that were unequalled even by those of Chatham himself.