sistance they meet, it is the nation itself that submits. Besides, he alleged that all treaty is more easy, and fewer concessions are required by all men, when they have a confidence in those they treat with. He was convinced, that the mere removal of the offensive acts would have given satisfaction in former times, and from amicable hands. But now things are on another footing; and if more concession is required, it is because injudicious coercion has made it necessary. That he had always wished to preserve the legislative power of this kingdom entire in every thing; and that it was with great grief he saw, that even an odious and scarcely ever to be exercised part of it, was to be abandoned. But when the maxims of public councils are not steady, it is necessary that laws should supply the want of prudence. That it was thus, and for this reason, that limits had been set to absolute power in all countries; and that power (though not absolute) had been preserved, not destroyed by such limita tions. That we are now in a quarrel; and in putting an end to any quarrel, it is necessary to look to its origin; that the origin of this present difference had evidently been pon the subject of taxation. That an rrangement of this question, either by enorcement or concession, was a prelimiiary essential to peace. That the House ught to estimate the full value of the ob. ect to be conceded, before they agree to ive it up. If they were of opinion, that he taxation of America could repay them heir expences, or compensate their risks, hey ought to pursue it. If, on the conrary, it was evident beyond all contradicion, and so evident as to enforce reiteratd acknowledgments, that they never ould enjoy a moment's quiet as long as hat matter of contention continued-it as then altogether as essential to the preervation of their own authority in all ther points, as to the liberty of America nd quiet of the whole empire, to give it P, with such limitations in the concesions, as the rights of sovereignty required. That the parliament of Great Britain were not the representative, but (as lord ohn Cavendish had said, some days before, ith great truth and propriety) the soveeign of America. That the sovereignty vas not in its nature an abstract idea of inity, but was capable of great comlexity and infinite modifications, accordng to the temper of those who are to be governed, and to the circumstances of things; which being infinitely diversified, government ought to be adapted to them, and to conform itself to the nature of things, and not to endeavour to force them. That although taxation was inherent in the supreme power of society, taken as an aggregate, it did not follow that it must reside in any particular power in that society. That in the society of England, for instance, the king is the sovereign; but the power of the purse is not in his hands; and this does not derogate from his power in those things, in which our constitution has attributed power to him. If parliament be the sovereign power of America, parliament may, by its own act, for wise purposes, put the local power of the purse into other hands than its own, without disclaiming its just prerogative in other particulars. That formerly, whatever this right might be to it, the kings of England were in the practice of levying taxes by their own authority, upon the people of England; they contended that the crown, being charged with the public defence, must be furnished also with the means of providing for it. That it would be absurd to commit a trust into the hands of one person, and to leave the power of executing it to depend upon the will of another. They therefore held, that this power was inseparable from the crown; and in general they made use of the very arguments in favour of the king's indefeasible right to tax the people of England, that are now used by the parliament of England, to tax the people of America. Notwithstanding all these arguments, one of the greatest of our kings, by an express and positive Act, cut off from the sovereign power this right of taxing. This Act, which has been the foundation of the unity and happiness of England since that time; that is, the stat. 34 Edward 1, called Statutum de tallagio non concedendo, Mr. Burke made his pattern; and from thence (if his plan should be adopted) he hoped the same good effects in future. That this pattern statute was absolutely silent about the right; but confined itself to giving satisfaction in future; and that it laid down no general principles which might tend to affect the royal prerogative in other particulars. That in all human probability the preservation of the other branches of the prerogative was owing to the clear and absolute surrender of this. and precise; but when they made a concession founded in theory and abstract principles, the consequences of those principles were things out of the power of any legislature to limit. That this Bill gave as effectual a security against future taxation as any declaration of right could pos sibly do; and that it put American liberty, in that point, upon just as good a footing as English liberty itself. He then moved that the first, fourth, concession, the bounds of it were clear and fifth chapters of the Statute de tallagio non concedendo might be read; which being done, he observed, that this statute consisted of three capital parts; a renunciation of taxing,-a repeal of all statutes which had been made upon a contrary principle, and a general pardon.-He then read his own Bill, and shewed its conformity to the spirit of that Act, supposing Great-Britain to stand in the place of the sovereign, and America in that of the subject. That the circumstances are not in deed in every respect exactly parallel, but that they are sufficiently so to justify his following an example that gave satisfaction and security on the subject of taxes, and left all other rights and powers whatsoever exactly upon the bottom on which they stood before that arrangement had been made. He then gave his reasons for not adopting the methods which (though not proposed in the House) had been frequently suggested in conversation by several friends and well wishers to America. And first he mentioned the proposal for repealing the Declaratory Act of 1766. On this occasion he entered into the history of that Act, the reasons for making of it; and the perfect acquiescence of the colonies under it; until by the renewal of the scheme of actual taxation their apprehensions were roused, and they were taught to look with suspicion and terror upon the unlimited powers of the British legislature. That the repeal of a Declaratory Act was a thing impossible; for it was nothing less, than to make the legislature accuse itself of uttering propositions that were false, and making claims that were groundless. That the disgrace of an English parliament could add nothing to the security of American liberty. That on the contrary our inconstancy would become a bad ground of trust. That the Declaratory Act had been misrepresented, as if it had been the cause of the taxation; whereas the grand scheme of taxation had preceded the Declaratory Act, and not been the consequence of it. That the Act has said nothing in particular of taxation, but is an affirmation of the universality of the legislative power of Great Britain over the colonies. That if this Act were repealed, it would be a denial of legislative power, as extensive as the affirmation of it in the Act so repealed. That he was averse to doing any thing upon speculations of right. Because when parliament made a positive He next considered the proposition for repealing all the Acts since 1763. This he shewed to be impossible, without ruining the whole system of the trade laws, and some of those laws also, which are extremely beneficial to America. That all the laws which leaned upon the colonies, and were the cause or consequence of the quarrel, were to be repealed in this Bill, which made provision likewise for autho rising such a negociation as might tend to the settlement of all those lesser matters to the mutual advantage of the parties. That the Congress did not require this sweeping repeal as a preliminary to peace; but that even if it had, he was for treating of peace with and making concession to the colonies, and not receiving laws from them. That he did not conceive, that when men come to treat of peace they must of course persevere in demanding every thing which they claimed in the height of the quarrel. That the cause of quarrel was taxation; that being removed, the rest would not be difficult. denied that the desire of absolute independency was or could be general in the colonies. It was so contrary to their clearest interests, provided their liberties were preserved, that so far from disbe lieving them, when they denied such a design, he could scarcely credit them if they should assert it. He then stated five or six capital facts, to prove that indepen dency neither was or could be their object. For he He said he was confident, both from the nature of the thing, and from informa tion which did not use to fail him, that this Bill would restore immediate peace; and as much obedience as could be expected after so rude a shock had been given to government, and after so long a continuance of public disturbances. That in this Bill, a basis was laid for such satisfaction in the minds of all sober people in Ame rica, as would enable government to fix and settle, if common prudence were employed in its future construction and ma verance in measures, which were not conceived with wisdom, or conducted with ability. He moved "That leave be given to bring in a Bill for composing the present Troubles, and for quieting the minds of his Majesty's subjects in America." nagement. That in the first operation it would be the true means of dividing America. Not the dangerous and fallacious method of dividing which had been proposed, and from which nothing but confusion could grow: not the division of province from province, or the rich from the poor; or the landed from the trading interest; but the division of the peaceable from the factious; the quiet from the ambitious; the friends to the unity of the empire, from the projectors of independence. That this would put the standard of American liberty into the hands of the friends to British government; and when this was done, there was no doubt, but that a sense of interest, na-jesty's subjects, who have cultivated and tural affection, the dread of the horrors of war, and even the love of freedom itself, better secured by such an Act than by any schemes of hazardous speculation, would leave the really factious very few followers or companions. He then strongly urged the necessity of granting peace to our colonies on terms of freedom; dilated largely on the uncer tainty (to say no worse) of obtaining it upon any other; and the utter impossibility of preserving it in future, without setting the minds of the people at rest. He dwelt largely on the mischiefs which we must suffer by the continuance of this quarrel. He rested little on the consideration of trade and revenue; he put that out of the question, as a matter that would require a large discussion by itself; but chiefly aimed at shewing, that in the progress of this business new powers must be daily added to the crown; so that in seeking to destroy the freedom of others we may fail to obtain what we pursue, and in the pursuit may lose our own liberty. On this head he dwelt very largely, and concluded the whole with a warm and earnest address to the consciences of the members, and an exhortation not to trust to general good intention, and to an opinion that what they were doing was for the support of government, when it was far from evident, that under the name of government, it was not the ambition, the interest, the ignorance and obstinacy of particular men that they were supporting; that they were bound not to give confidence, where rational grounds of confidence did not appear; and that anarchy instead of government, and civil confusion instead of peace and obedience, would be the consequence of an encouragement given by that House to a blind perse[VOL. XVIII.] The following is a Copy of the Bill. "Whereas, by the blessing of Almighty God, and the industry, enterprise and courage of several of the people of this realm, extensive and valuable territories have been acquired in America to the crown of Great Britain, which are now inhabited by great multitudes of his Ma improved the same for the most part at their own charges, to the great increase of the commerce and naval strength of this kingdom, and have also, of their own free gift, made provision for the support of the civil government within their said plantations, have maintained many expensive wars against the Indian nations, and have at sundry times granted large sums of money, and other very considerable aids to his Majesty, and his royal predecessors, to support them against the enemies of this kingdom, notwithstanding which the inhabitants of the said colonies have been made liable to several taxes given and granted in parliament, for the purpose of raising a revenue, when they have had no knights or burgesses, or others of their own chusing, to represent them in parliament; and from the great distance of the said colonies from this land, and other impediments, are not able conveniently to send representatives to the said parliament, whereby the said inhabitants of the British colonies have conceived themselves to be much aggrieved, and thereby great troubles have arisen, and are likely to continue, if a fitting remedy be not provided. Wherefore, we pray your Majesty that it may be enacted and declared, and it is hereby enacted and declared, by, &c. &c. &c. "That no aid, subsidy, tax, duty, loan, benevolence, or any other burthen or imposition whatsoever, shall be granted, laid, assessed, levied, or collected upon the inhabitants of any colony or plantation in America, by the authority, or in virtue of any act of parliament, or in any other manner, or by any other authority, than the voluntary grant of the general assembly, or general court of each colony or plantation, and which shall be assented [3 R] to by his Majesty's governor, and otherwise confirmed according to the usage of each province respectively, any law, statute, custom, right, prerogative, or any other matter whatsoever to the contrary notwithstanding. Saving to his Majesty, his heirs, and successors, his right of reserving and collecting quit-rents, and other his ancient dues and revenues, and all other duties and taxes by this Act not repealed, and saving and reserving to all proprietors and charter-companies, their ancient rights, privileges, and possessions. "Provided always, that nothing in this Act shall extend, or be construed to extend, to restrain the future imposition, and levy of duties and taxes for the regulation of trade and commerce in all the dominions to the imperial crown of this realm belonging. "And in order to remove all doubt and uneasiness from the minds of his Majesty's subjects in the colonies, it is hereby further enacted, that if any act of parliament shall be hereafter made for the purpose of such regulation or trade, the produce of the duties thereby laid, shall be held by the collectors, or receivers of his Majesty's customs, for the disposal of the general assemblies, as if the same had been levied by the authority of the several general assemblies in the said colonies. the same, as if a design had been formed to deprive the people of the said colonies of several rights, benefits, and advantages of nature, and of the British constitution, which hath greatly increased the discontents of the colonies, and fomented the troubles in America. In order, therefore, to quiet the minds of his Majesty's subjects in America, and to reclaim the disobedient by that lenity, which ought to have the strongest operation on the minds of free subjects, be it enacted, that an Act made in the 7th year of his present Majesty, entituled An Act for granting cer tain 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 said colonies and plantations.' Also one other Act, made in the 14th year of the reign of his present Majesty, entituled An Act to discontinue in such manner, and for such time, as are therein men. tioned, the landing and discharging, lading or shipping, of goods, wares, and 'merchandize, at the town, and within the harbour of Boston, in the province of Massachuset's Bay, in North America.' Also one other Act, made in the 14th year of his present Majesty, entituled An Act 'for the impartial administration of justice "And whereas, during these troubles, the assemblies, or inhabitants of the said colonies, have formed a general meeting, which said meeting was not authorised by law to make any order or resolution, or to do any other act of force, to bind his Ma-in cases of persons questioned for any jesty's subjects. And whereas it may be necessary, that the said colonies should have authority to do certain acts by common consent, which should include the whole body of the said colonies. Be it therefore enacted, that it shall and may be lawful for his Majesty, his heirs and successors, to give authority to his governors in America, to require the said several assemblies to send deputies to a general meeting, with full powers to bind their said several provinces, to all acts done by a majority of voices in the said general meeting, which meeting, and the powers thereof, shall cease and determine if not further continued on by parliament. "And whereas, in consequence of the late troubles, several acts of parliament have been made for the purpose of coercing and restraining the colonies, of which an advantage has been taken to represent acts done by them in the execution of the law, or for the suppression of riots and tumults in the province of Massa'chuset's Bay, in New England.' Also one other Act, made in the 14th year of the reign of his present Majesty, entituled An Act for the better regulating the 'government of the province of the Massachuset's Bay, in New England,' be hereby severally and respectively repealed. "And the King's most excellent Majesty taking into his gracious consideration the great troubles, discords, and wars, that have of late been in some of his Majesty's colonies in America, and that divers of his subjects are, by occasion thereof, and otherwise, fallen into, and become obnoxious to great pains and penalties, out of a hearty and pious desire to put an end to all suits and controversies, that by occasion of the late distractions in Ame rica, have arisen, or may arise, between | acquitted, indemnified, and discharged his subjects; and to the intent, that no from the same; and of and from all pains crime whatsoever, committed against his of death, and other pains, judgments, inMajesty, shall hereafter rise in judgment, dictments, informations, convictions, ator be brought in question, against any of tainders, outlawries, penalties, escheats, them, to the least endamagement of them, and forfeitures, and every of them, and all either in their lives, liberties, or estates, grants thereupon made, and all estates or to the prejudice of their reputations; derived under the same, be and are hereby and to bury all seeds of future discords declared and enacted to be, from henceand remembrance of the former, as well in forth null and void; extinguishing all achis own breast, as in the breasts of his sub- tions, suits, demands, and prosecutions, jects, one towards another; is graciously civil, or criminal, public or private, except pleased, that it may be enacted, and be it for the restoration of such estates, as have enacted, &c. &c. been, or shall be, seized from the owners, during the troubles; and for restoring to the said owners the mean profits of the same. Provided, that arms not taken up by his Majesty's authority, shall be laid down by our subjects in the said provinces, within "That all and all manner of treasons, misprisions of treasons, murders, felonies, offences, crimes, contempts, and misdemeanors, counselled, commanded, acted or done since the by any person or persons in America, before the by virtue, or colour of any command, power, authority, commission, warrant or instruction from his Majesty, or from any other person or persons, deriving or pretending to derive authority, mediately or immediately, from his Majesty, or of or from any assembly, council, general court, convention, congress, or meeting, in any of his Majesty's colonies in America, called or reputed, or taking on them the name of the assembly, council, or general court, of any of his Majesty's colonies in America, or of a general congress, or provincial congress; or any other name or style whatsoever, or by virtue or colour of any writ, commission, or instruction of or from any person or persons, reputed, or taken to be, or claiming or exercising the power of commander in chief of the continental army in America, or of any provincial army, or commander of any army, or body of troops whatsoever, within any of his Majesty's colonies in America, by sea or land, or of any magistrate or officer, within any of the said colonies, or by any pretence, warrant, or command whatsoever, from them, or any of them, or their, or any of their respective counsel or counsels, or any member of such counsel or counsels, or from any person or persons whatsoever, deriving, or pretending to derive authority from them, or any of them, be pardoned, released, indemnified, discharged, and put in utter oblivion. "And that all and every the person and persons, acting, advising, assisting, abetting, and counselling the same, they, their heirs, executors, and administrators, be, and are hereby pardoned, released, The Hon. R. B. Walsingham seconded the motion. Mr. Welbore Ellis replied to Mr. Burke ; and urged that the greater disposition Great Britain shewed towards conciliation, the more obstinate, rebellious, and insolent America would become. Sir George Savile supported the motion, which not only involved in it the liberties of America, but even those of Great Britain; for it would be the height of credulity and madness to expect that Britain could long retain her constitution inviolate, if America were reduced to a state of unconstitutional subjection. The ministers have often said, they do not know what America wants, for that she is every day rising in her demands. He could very easily imagine the leading people of America, the congress, to be like the ministry. A number of men perhaps not thoroughly united. We have the noble lord (North) who is one day for conciliation; but as soon as the first word is out, he is checked and controuled, and instead of conciliation, out comes confusion. He declared, upon his word, the noble lord's character and frankness ought not to be so treated. He is used as if he was meant to be made a fool of. He could suppose the people in the Congress pulling different ways, as they do here. Now, said he, suppose we are the Congress. The leading men sit there, (pointing to the Treasury bench) for instance; the learned gentleman (Mr. Wedderburn) for his quiet and temperate character, spirit of moderation, deep philosophy, love of liberty and his country, I will suppose is Dr. Franklin. I have fixed upon him, besides, as his particular |