form its duty, and abdicate its trust? Such a presumption would go against all governments in all modes. But, in truth, this dread of penury of supply, from a free assembly, has no foundation in nature. For first observe, that besides the desire which all men have naturally of supporting the honour of their own government; that sense of dignity, and that security to property, which ever attends freedom, has a tendency to increase the stock of the free community. Most may be taken where most is accumulated. And what is the soil or climate where experience has not uniformly proved, that the voluntary flow of heaped-up plenty, bursting from the weight of its own rich luxuriance, has ever run with a more copious stream of revenue, than could be squeezed from the dry husks of oppressed indigence, by the straining of all the politic machinery in the world. Next we know, that parties must ever exist in a free country. We know too, that the emulations of such parties, their contradictions, their reciprocal necessities, their hopes, and their fears, must send them all in their turns to him that holds the balance of the state. The parties are the gamesters; but government keeps the table, and is sure to be the winner in the end. When this game is played, I really think it is more to be feared, that the people will be exhausted, than that government will not be supplied. Whereas, whatever is got by acts of absolute power ill obeyed, because odious, or by contracts ill kept, because constrained; will be narrow, feeble, uncertain, and precarious. "Ease would retract vows made in pain, as violent and void." I, for one, protest against compounding our demands: I declare against compounding, for a poor limited sum, the immense, overgrowing, eternal debt, which is due to generous government from protected freedom. And so may I speed in the great object I propose to you, as I think it would not only be an act of injustice, but would be the worst economy in the world, to compel the colonies to a sum certain, either in the way of ransom, or in the way of compulsory compact. But to clear up my ideas on this subject-a revenue from America transmitted hither-do not delude yourselves-you never can receive it-No, not a shilling. We have experience that from remote countries it is not to be expected. If, when you attempted to extract revenue from Bengal, you were obliged to return in loan what you had taken in imposition; what can you expect from North America? for certainly, if ever there was a country qualified to produce wealth, it is India; or an institution fit for the transmission, it is the East-India Company. America has none of these aptitudes. If America gives you taxable objects, on which you lay your duties here, and gives you, at the same time, a surplus by a foreign sale of her commodities to pay the duties on these objects which you tax at home, she has performed her part to the British revenue. But with regard to her own internal establishments; she may, I doubt not she will, contribute in moderation. I say in moderation; for she ought not to be permitted to exhaust herself. She ought to be reserved to a war; the weight of which, with the enemies that we are most likely to have, must be considerable in her quarter of the globe. There she may serve you, and serve you essentially. For that service, for all service, whether of revenue, trade, or empire, my trust is in her interest in the British constitution. My hold of the colonies is in the close affection which grows from common names, from kindred blood, from similar privileges, and equal protection. These are ties, which, though light as air, are as strong as links of iron. Let the colonies always keep the idea of their civil rights associated with your government ;-they will cling and grapple to you; and no force under heaven will be of power to tear them from their allegiance. But let it be once understood, that your government may be one thing, and their privileges another; that these two things may exist without any mutual relation; the cement is gone; the cohesion is loosened; and every thing hastens to decay and dissolution." As long as you have the wisdom to keep the sovereign authority of this country as the sanctuary of liberty, the sacred temple consecrated to our common faith, wherever the chosen race and sons of England worship freedom, they will turn their faces towards you. The more they multiply, the more friends you will have; the more ardently they love liberty, the more perfect will be their obedience. Slavery they can have any where. It is a weed that grows in every soil. They may have it from Spain, they may have it from Prussia. But until you become lost to all feeling of your true interest and your na tural dignity, freedom they can have from none but you. This is the commodity of price, of which you have the monopoly. This is the true act of navigation, which binds to you the commerce of the colonies, and through them secures to you the wealth of the world. Deny them this participation of freedom, and you break that sole bond, which originally made, and must still preserve, the unity of the empire. Do not entertain so weak an imagination, as that your registers and your bonds, your affidavits and your sufferances, your cockets and your clearances, are what form the great securities of your commerce. Do not dream that your letters of office, and your instructions, and your suspending clauses, are the things that hold together the great contexture of this aysterious whole. These things do not make your government. Dead instruments, passive tools as they are, it is the spirit of the English communion, that gives all their life and efficacy to them. It is the spirit of the English constitution, which, infused through the mighty mass, pervades, feeds, unites, invigorates, vivifies, every part of the empire, even down to the minutest member. dom the truest wisdom; and a great empire and little minds go ill together. If we are conscious of our situation, and glow with zeal to fill our places as becomes our station and ourselves, we ought to auspi cate all our public proceedings on Ame rica, with the old warning of the church, Sursum corda! We ought to elevate our minds to the greatness of that trust to which the order of Providence has called us. By adverting to the dignity of this high calling, our ancestors have turned a savage wilderness into a glorious empire; and have made the most extensive, and the only honourable conquests; not by destroying, but by promoting, the wealth, the number, the happiness of the human race. Let us get an American revenue as we have got an American empire. Eng. lish privileges have made it all that it is; English privileges alone will make it all it can be. In full confidence of this unalterable truth, I now (quod felix faustumque sit) lay the first stone of the temple of peace; and I move you, &c. Mr. Burke concluded with moving the first of the following Resolutions: "1. That the colonies and plantations Is it not the same virtue which does of Great Britain in North America, conevery thing for us here in England? Do sisting of fourteen separate governments, you imagine then, that it is the Land Tax and containing two millions and upwards Act which raises your revenue; that it is of free inhabitants, have not had the li the annual vote in the committee of sup-berty and privilege of electing and sending ply, which gives you your army? or that any knights and burgesses, or others, to it is the Mutiny Bill which inspires it with represent them in the high court of parlia bravery and discipline? No! surely no! ment." It is the love of the people; it is their attachment to their government from the sense of the deep stake they have in such a glorious institution, which gives you your army and your navy, and infuses into both that liberal obedience, without which your army would be a base rabble, and your navy nothing but rotten timber. All this, I know well enough, will sound wild and chimerical to the profane herd of those vulgar and mechanical politicians, who have no place among us; a sort of people who think that nothing exists but what is gross and material; and who therefore, far from being qualified to be directors of the great movement of empire, are not fit to turn a wheel in the machine. But to men truly initiated and rightly taught, these ruling and master principles, which, in the opinion of such men as I have mentioned, have no substantial existence, are in truth every thing, and all in all. Magnanimity in politics is not sel "2. That the said colonies and plan tations have been made 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 parlia ment, 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." "3. 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." "4. That each of the said colonies hath within itself a body, chosen, in part or in the whole, by the freemen, freeholders, or the law, or for the suppression of riots and tumults, in the province of Massachuset's Bay, in New England." 10. That it is proper to repeal an Act, made in the 14th year of the reign of his present Majesty, intituled, An Act for the better regulating the government of the province of Massachuset's Bay, in New England." other free inhabitants thereof, commonly "6. 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 inhabitants of the said colonies, and more beneficial and conducive to the public service, than the mode of giving and granting aids and subsidies in parliament to be raised and paid in the said colonies." "7. That it may be proper to repeal an Act, made in the 7th year of the reign of his present Majesty, intituled, 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 earthen-ware exported to America; and for more effectually preventing the clandestine running of goods in the said colonies and plantations.' 66 11. That it is proper to explain and amend an Act, made in the 35th year of the reign of King Henry 8, intituled, An Act for the trial of treasons committed out of the King's dominions." "12. 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 of fices of the chief justice and judges of the superior courts, 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 behaviour; 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, of the colony in which the said chief justice and other judges have exercised the said office.” 13. That it may be proper to regulate the courts of admiralty, or vice-admiralty, authorised by the 15th chapter of the 4th of George 3, 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 of the same." "8. That it may be proper to repeal The question being put on the first Rean Act, made in the 14th year of the solution, Mr. Burke was answered by the reign of his present Majesty, intituled, Attorney General, who displayed great An Act to discontinue, in such manner, dexterity and address in his observations and for such time, as are therein men- on the plan. The other speakers on that tioned, the landing and discharging, lad- side were, Mr. Jenkinson, Mr. Cornwall, ing or shipping of goods, wares, and mer- lord Frederick Campbell, and others. The chandize, at the town, and within the har-motions were supported by lord John bour, of Boston, in the province of Massa-Cavendish, Mr. Hotham, Mr. Tuffneli, chuset's Bay, in North America." "9. That it may be proper to repeal an Act, made in the 14th year of the reign of his present Majesty, intituled, An Act for the impartial administration of justice, in cases of persons questioned for any acts done by them in the execution of * The words in italics were, by an amend ment that was carried, left out of the motion. Mr. Sawbridge, and by Mr. Fox, who spoke with the greatest ability and spirit. The ministerial side did not in general so much object to this plan, as repeat and inforce their general arguments on the supremacy of the British parliament, and in favour of the policy and necessity of American taxation. They denied that the American assemblies ever had, at any time, a legal power of granting a revenue That this was the privilege | it was possible, that such a practice in to the crown. Mr. Jenkinson quoted the famous Act for securing the rights and liberties of the subject, commonly called the Declaration of Right; which, as they insisted, clearly inforced the exclusive right of taxing in parliament all parts of the King's dominions. The article is as follows, that "Levying money for, or to the use of the crown, by pretence of prerogative, without grant of parliament, for a longer time, or Mr. Jenkinson moved the previous question, upon the first Resolution. Upon this the House divided. The Noes went forth. Tellers. YEAS NOES Mr. Hotham (Lord Cranborne 78 270 So it passed in the negative. The se cond, third, fourth and thirteenth Resolu tions had also the previous question put on them. The others were negatived.* the exclusion of strangers was strictly en* During this debate the standing order for forced. in other manner than the same is or shall be granted, is illegal." This, he said, was not only prudent but necessary. The right of taxing was inherent in the supreme power; and by being the most essential of all powers, was the most necessary, not only to be reserved in theory, but exercised in practice; or it would, in effect, be lost, and all other powers along "On this motion, and on the whole matter, with it. It was, he said, a great mistake, the debate was long and animated. It was obthat the establishment of a parliament injected, in general, that these resolutions abanIreland precluded Great Britain from tax-doned the whole object for which we were coning that kingdom. That the right of tax- tending. That in words indeed they did not ing it, had always been maintained and give up the right of taxing; but they did so exercised too, whenever it was thought in effect. The first resolution, they said, was expedient, and ought undoubtedly always nothing but matters of fact; but if adopted, artfully worded, as containing in appearance to be so, whenever the British parliament judged proper; having no other rule in consequences would follow highly prejudicial to the public good. That the mere truth of a this respect, but its own discretion. That proposition did not of course make it neces all inferior assemblies were only like the sary or proper to resolve it. As they had fre corporate towns in England, who had a quently resolved not to admit the unconstitu power, like them, of making bye-laws, and tional claims of the Americans, they could not nothing more. He recommended the exadmit resolutions directly leading to them. ample of the French government in their They had no assurance, that if they should provinces called Pais d'etats; where, make any dutiful returns on their side; and adopt these propositions, the Americans would though the people seem to grant, yet, in thus the scheme, pursued through so many reality, the mode alone of raising the tax difficulties, of compelling that refractory people is left to the province; the crown always to contribute their fair proportion to the exfixing the sum to be raised. These grants pences of the whole empire, would fall to the are, therefore, not free; but, as one of ground. The House of Lords would not, they their own writers, Voltaire, calls them, re- said, permit another plan somewhat of the pertus libres, reputed free; and that the same kind, so much as to lie on their table; and the House of Commons had in this session people were so well satisfied with this reputed freedom, that they never have re- conciliatory upon a ground more consistent already adopted one, which they judged to be fused to grant, except once, when the with the supremacy of parliament. It was states of Languedoc were refractory: but asserted, that the American assemblies had an army being sent to reduce them, they made provision upon former occasions; but were brought to obedience, and have been this, they said, was only when pressed by their ever since perfectly quiet. This was the own immediate danger; and for their own local substance of Mr. Jenkinson's speech. use. But if the dispositions of the colonies had been as favourable as they were represented, still it was denied, that the American assemblies ever had a legal power of granting to be the privilege of parliament only; and a a revenue to the crown. This they insisted privilege which could not be communicated to any other body whatsoever. In support of Lord Frederick Campbell took up the same maxims, and maintained them with great warmth; declaring, that he thought any minister ought to be impeached, who suffered the grant of any sort of revenue from the colonies to the crown. Indeed Mr. Gilbert's Motion for a Committee | ration of this most important subject; but on the Poor Laws.] March 27. Mr. Gilbert rose and said: Mr. Speaker; it may be thought presumptuous in a person so inconsiderable as myself, to call the attention of this House to a subject of such high and general importance, as that which respects the employment and relief of the Poor within this kingdom. I feel the force of the observation, and am conscious how unequal I am to the task. I have long expected that some gentlemen of far superior abilities and consequence in this House, would have resumed the conside as that has not happened, I am desirous, with the indulgence of the House, to submit my thoughts upon it to their consideration, in hopes that it may induce gentlemen of great and distinguished abilities to give their attention and assistance to it. If that should be the case, my purpose will be answered, and the public will be benefited. I shall not mis-spend the time of the House, by stating the various acts of parliament which have been made upon this subject, or in pointing out the particular defects in the present system of our Poor Laws; it will be sufficient to mention a few facts in the knowledge of every gen this doctrine, they quoted the following clause from that palladium of the English constitu- was intended to interfere, with the taxes levied, tion, and of the rights and liberties of the sub- or grants passed by legal assemblies out of ject, commonly called the Bill, or Declaration the kingdom, for the public service. On the of Rights; viz. that Levying money for, or contrary, parliament knew at the time of pass'to the use of the crown, by pretence of pre-ing that law, that the Irish grants were sub'rogative, without grant of parliament, for a longer time, or in other manner, than the 'same is or shall be granted, is illegal.' ་ "This clause, they insisted, clearly enforced the exclusive right in parliament of taxing every part of the empire. And this right, they said, was not only prudent, but necessary. The right of taxation must be inherent in the supreme power; and being the most essential of all others, was the most necessary, not only to be reserved in theory, but exercised in practice; or it would, in effect, be lost, and all other powers along with it. This principle was carried so far, that it was said any minister ought to be impeached, who suffered the grant of any sort of revenue from the colonies to the crown. That such a practice in time of war, might possibly be tolerated from the necessity of the case; but that a revenue in time of peace could not be granted by any of the assemblies, without subverting the constitution. In the warmth of prosecuting this idea, it was asserted, by more than one gentleman on that side, that the establishment of a parliament in Ireland, did not by any means preclude Great Britain from taxing that kingdom whenever it was thought necessary. That that right had always been maintained, and exercised too, whenever it was judged expedient; and that the British parliament had no other rule in that exercise, than its own discretion. That all inferior assemblies in this empire, were only like the corporate towns in England, which had a power, like them, of making bye-laws, for their own municipal government, and nothing more. "On the other side, it was urged, that the clause in the Declaration of Rights, so much relied on, was calculated merely to restrain the prerogative, from the raising of any money within the realm, without the consent of parliament; but that it did not at all reach, nor sisting, and taxes constantly levied in consequence of them, without their once thinking, either then or at any other time, of censuring the practice, or condemning the mode as unconstitutional. It was also said, that different parliaments at different periods, had not only recognized the right, but gratefully acknowledged the benefit which the public derived from the taxes levied, and the grants passed by the American assemblies. As to the distinction taken of a time of war and the necessity of the case; they said it was frivolous and wholly groundless. The power of the subject in granting, or of the crown in receiving, no way differs in time of war, from the same powers in time of peace; nor is any distinction on such a supposition made in the article of the Bill of Rights. They argued therefore, that this article of the Bill of Rights is confined to what it was always thought confined, the prerogative in this kingdom; and bound indeed the crown; but could not, in securing the rights and liberties of the subject in this kingdom, intend to annihilate them every where else. That as the constitution had permitted the Irish parliament and American assemblies to make grants to the crown; and that experience had shewn, that these grants had produced both satisfaction and revenue, it was absurd to risk all in favour of theories of supremacy, unity, sovereign rights, and other names, which hitherto had led to nothing but confusion and beggary on all sides, and would continue to produce the same miserable effects, as long as they were persisted in. That the mover had very wisely avoided these speculative questions, and confined himself to experience; and it would be well if they could persuade themselves to follow that example. The previous question was moved on the first proposition, and carried by 270 to 78." Annual Register. |