« 前へ次へ »
"To the king, our sovereign lord, in most hum., Chester followed, that the style of the preamble is ble wise shewn unto your excellent majesty, the nearly the same with that of the Chester act; and inhabitants of your grace's county palatine of Ches without affecting the abstract extent of the au. ter, that where the said county palatine of Chester thority of parliament, it recognizes the equity of is and hath been always hitherto exemp!, excluded not sufföring any considerable district in which the and separated out and from your high court of British subjects may act as a body, to be taxed parliament, to bave any knights or burgesses with without their own voice in the grant. in the said court; by reason whereof the said inlia.
Now if the doctrines of policy contained in these bita es lave bitherto sustained manifold disherisons, preambles, and the force of these examples in the losses and damages, as well in their lands, goods, acts of parliament, avail any thing, what can be and bodies, as in the good, civil, and politic govern. said against applying them with regard to America? ance and maintenance of the commonwealth of their are not the people of America as much Englishsaid county. (2.) And foras much as the said inha. men as the Welch? The preamble of the act of bitants have always hitherto been bound by the Henry VIII. says, the Welch speak a language no acts and statutes made and ordained by your said way resembling that of his majesty's English subhighness, and your most noble progenitors, by au
jects. Are the Americans not so numerous? If we thority of the said court, as far forth as other coun. may trust the learned and accurate judge Barringties, cities, and boroughs have been, that have had ton's account of North Wales, and take that as a their knights and burgesscs within your said court standard to measure the rest, there is no comof parliament, and yet have had neither knight parison. The people cannot amount to above nor burgesses there for the said county palatine; 200,000; not a tenth part of the number in the the said inhabitants, for lack thereof, have been colonies. Is America in rebellion? Wales was oftentimes touched, and grieved with acts and hardly free from it. Have you attempted to govern statutes made within the said court, as well America by penal statutes? You made fifteen for derogatory unto the most ancient jurisdictions, li. Wales. But your legislative authority is perfect berties, and privileges of your said county palatine, with regard to America; was it less perfect in as prejudicial unto the commonwealth, quietness, Wales, Chester, and Durham? But America is rest, and peace of your grace's most bounden sub. virtually represented. What! Does the electric jects inhabiting within the same."
force of virtual representation more easily pass
over the Atlantic, than pervade Wales, which lies What did parliament with this audacious ad.
in your neighborhood; or than Chester and Durham dress! Reject it as a libel? Treat it
surrounded by abundance of representation that is to government? Spurn it as a derogation from the
actual and palpable? But, sir, your arcestors rights of legislature? Did they toss it over the
thought this sort of virtual representation, howtable? Did they burn it by the hands of the com
ever ample, to be totally insufficient for the free. mon hangman? They took the petition of griev. dom of the inhabitants of territories that are so ance, all rugged as i: was, without softening, or
near, and comparatively so inconsiderable. How temperament, unpurged of the original bitterness then can I think it sufficient for those wbich are and indignation of complaint; they made it the
infinitely greater, and infinitely more remote. very preainble to their act of redress; and con. secrated its principle to all ages on the sanctuary You will now, sir, perhaps, imagine that I am of legislation.
on the point of proposing to you a scheme for a Here is my third example. It was attended representation of the colonies in parliament. Per.
haps I might be inclined to entertain some such with the success of my two former. Chester, civilized as well as Wales, has demonstrated that thought; but a great food stops me in my course. freedom and not servitude, is the cure of anarchy: barri-rs of the creation. The thing in that mode,
Opposuit natura-I cannot remove the eternal as religion, and not atheism, is the true remedy for
I do not know to be possible. As I meddle with superstition.
no theory, I do not absolutely assert the impracticaSir, this pattern of Chester was followed in the bility of such a representation. But I do not see reign of Charles II. with regard io the county my way to it; and those wbo have been more palatine of Durham, which is my fourth example. confident, have not been more successful. HowThis county had long lain out of the pale of free ever, the arm of public benevolence is not shorten. legislation. So scrupulously was the example of ed, and there are often several means to the same
end. What nature has disjoined in one way, wis-, tion. The first is a resolution—"That the colonies dom may unite in another. When we cannot give and plantations of Great Britain in North America, the benefit as we would wish, let us not refuse it consisting of fourteen separate governments, and altogether. If we cannot give the principal, let containing two millions and upwards of free inhaus find a substitute. But how! Where? What bitants, have not bed the liberty and privilege of substitute?
electing and sending any knights and burgesses,
or others, to represent them in the bigli court of Fortunately I am not obliged, for the ways and
parliament.” -This is a plain matter of fact, means of this substitute, to tax my own unproduc
necessary to be laid down, and (excepting the tive invention. I am not even obliged to go to the
description) it is laid down in the language of the rich treasury of the fertile frsmers of imaginary constitution; it is taken nearly verbatim from acts commonwealths; not to the republic of Plato, not
of parliament. to tbe Utopia of Moore, not to the oceans of Harrington. It is before me. It is at my feet,
The second is like unto the first-"That the said and the rude swain treads daily on it with his colonies and plantations have been liable to, und clouted shoon I only wish you to recognize, for bounden by, several subsidies, payments, rales, and the theory, the ancient constitutional policy of this taxes, given and granted by parliament, though the kingdom with regard to representation, as that said colonies and plantations have not their krights policy has been declared in acts of parliament; and and burgesses, in the said high court of parliament, as to the practice, to return to that mode which of their own election, 10 represent the condition of an uniform experience has marked out to you as
their country; by lack whereof they have been best; and in which you walked with security, ad.
oftentimes touched and grieved by subsidies given, vantage, and honor, until the year 1763.
granted, and assented to, in :hc said court, in a man.
ner prejudicial to the commonwealth, quietness, My resolutions, therefore, mean to establish the rest, and peace, of the subjects inliabiting within equity and justice of a taxation of America by the same." grant and not by imposition. To mark the legal
Is this description too hot, or too cold, too competency of the colony assemblies for the sup strong, or 100 weak? Does it arrogate too much port of their government in peace, and for public to the supreme legislature? Does it lean too much aids in time of war. To acknowledge that this
to the claims of the people? If it runs into any of legal competency has had a dutiful and beneficial
these errors, the fault is not mine. It is ilie exercise; and that experience has shewn the bene. fit of their grants, and the futility of parliamentary Non meus hic sermo, sed qua præcepit, ofella,
language of your own ancient acts of parliament. taxation as a metbod of supply.
rusticus, abnormis sapiens; it is the general proThese solid truths compose six fundamental pro. duce of the ancient, rustie, manly, home.bred sense positions. There are three more resolutions of this country. I did not dare to ruh off a particle corollary to these. If you admit the first set you of the venerable rust that rather adorns and pre. can hardly reject the others. But if you admit serves than destroys the metal. It would be a the first, I shall be far from solicitous whether you profanation to touch with a tool the stones which accept or refuse the last. I think these six massive construct the sacred altar of peace. I would not pillars will be of strength sufficient to support the violate, with modern polish, the ingenious and notemple of British concord. I have no more doubt ble rougliness of these truly constitutional mathan I entertain of my existence, that if you ad. terials. Above all things, I was resolved not to mitted these, you would command an immediate be guilty of tampering, the odious vice of restless peace; and with but tolerable future management, and unstable minds. I pui niy tvot in the tracts of a lasting obedience in America. I am not arrogant
our forefathers, where I can neither wander vor in this confident assurance. The propositions are
stumble. Determining to fix articles of peace, I all mere matters of fact; and if they are such facis was resoived not to be wise beyond what was as draw irresistible conclusions even in the stating, written; I was resolved to use nothing else than that is the power of truth, and not any management
the form of sound words; to let others abound in of mine.
their own sense, and carefully to abstain from all
expressions of my own. What the law lias said, I Sir, I shall open the whole plan to you together, say. In all things else I am silent. I have no organ with such observations on the motions as may tend but for her words. This if it be not ingenious, ! to illustrate them where they may want explana- am sure is safe.
There are, indeed, words expressive of grie fooies bath within iiself a body chosen in pari, Vance in this second resolution, which those who or in the whole, by the freemen, freeholders, or are resolved always to be in the right, will deny other free inhabitants thereof, commonly called to contain matier of fact, as applied to the present the general assembly, or general court, with pow. case; although parliament thought them true wiil, ers legally to raise, levy, and assess, according to regard to the counties of Chester and Durham.- the several usage of such colonies, duties and They will deny that the Americans were ever taxes towards defraying all sorts of public service." “touched and grieved" with the taxes. If they
This competence in the colony assemblies is cer. consider nothing in taxes but their weight as rain. It is proved by the whole tenor of their acts pecuniary impositions, there might be some pre of supply in all the assemblies, in which the contence for this denial. But men may be sorely Istant style of granting is, “An aid 10 his majesty;" touched and deeply grieved in their privileges as and acts, granting to the crown, has regularly, for well as in their purses. Men may lose little in
near a century, passed the public offices without dis. property by the act which takes away all their pute. Those who have been pleased paradoxically freedom. When a man is robbed of a trifle on the to deny this right, bolding that none but the Britislı highway, it is not the twopence lost that con parliameni can gran: 10 the crown, are wisbed to stitutes the capital outrage. This is not confined look to what is done, not only in the colonies, but to privileges; even ancient indulgences withdrawn, in Ireland, in one uniform unbroken ten ur every without offence on the part of those who enjoyed session. Sir, I am surprised that this doctrine such favors, operate as grievances. But were the should come from some of the law servants of the Americans then not touched and grieved by the crown. I say, that if the crown could be responsi. taxes, in some measure, merely asked? If so, why ble, bis majesty but ceriainly the ministers were they almost all either wholly repealed or ex. are, even these law officers themselves, through ceedingly reduced? Were they not touched and whose hands the acts pass biennially in Ireland or grieved even by the regulating duties of the siath annually in the colonies, in an habitual course of of George the Sl? Lise why were the duties first committing impeachable offences. What habitual reduced to one third in 1764, and afterwards to a offenders have been all presidents of the council, third of that third in the year 1766? were they nou all secretaries of state, all first lords of trade, all touched and grieved by the stamp aci? I shall say attornies, and all solicitors general! However, they they were until that tax is revived
Were they are safe, as no one impeaches them, and there is not touched and grieved by the duties of 1767, no ground of charge against them, except in their which were likewise repealed, and which lord own unfounded theories. Hillsborough tells you (for the ministry) were laid
The fifth resolution is also a resolution of fact, contrary to the true principle of commerce? Is not the assurance given by that noble person to
"that the said general assemblies, general courts, or the colonies of a resolution to lay no more taxes
other bodies legally qualified as aforesaid, have at on them, an admission that taxes would touch and
sundry times freely granted several large subsidies grieve them? Is not the resolution of the noble
and public aids for his majesty's service according lord in the blue riband, now standing on your
to their abilities, when required thereto by letter journals, the strongest of all proofs that parlia.
from one of his majesty's principal secretaries of
stare; and that their right to grant the same, and mentary subsidies really touched and grieved them? Else why all these changes, modifications, repeals,
their cheerfulness and sufficiency in the said grants,
have been at sundry times acknowledged by parliaassurances and resolutions?
ment.” To say nothing of their great expenses in The next proposition is, “That, from the distance the Indian wars; and not to take their exertion in of the said colonies, and from other circumstances, foreign ones, so high as the supplies in the year no method has bitherto been devised for procur- 1695; not to go back to their public contributions ing a representation in parliament for the said in the year 1710; I shall begin to travel only where colonies.” This is an assertion of a fact. I go no the journals give me light; resolved to deal in farther on the paper, though in my private judg. notbing but fact, authenticated by parliamentary ment, an eseful representation is impossible; I am record, and to build myself wholly on that solid sure it is not desired by them, nor ought it perhaps basis. by us; but I abstain from opinions.
On the fourth of April, 1748, a committee of this The fourth resolution is, “lhat each of the said I bouse came to the following resolution:
“RESOLVED, 'That it is the opinion of this com- your own, and you cannot refuse in the gross, what mittee, that it is just and reasonable that the several you have so often acknowledged in detail The provinces and colonies of Massachusetts Bay, New admission of this, which will be so honorable to Hampshire, Connecticut, and Rhode Island, be them and to you, will, indeed, be mortul to all the reirabursed the expepses they have been at in tak. miserable glories, by which the passions of the ing and securing to the crown of Great Britain, misguided people have been engaged in an un. the island of Cape Breton, and its dependencies." happy system. The people heard, indeed, from
the beginning of these disputes, one thing conThese expenses were immense for such colonies. tinually dinned in their ears, that reason and jus. They were above €200,000 sterling; money first tice demanded that the Americans, who paid no raised and advanced on their public credit. taxes, should be compelled 10 contribute. How
did that fact of their paying nothing stand when On the twenty-eighth of January, 1756, a mes. sage from the king came to us to this effect-"His
tbe taking system began? When Mr. Grenville majesty, being sensible of the zeal and vigor with began to form his system of American rerenue, he which bis subjects of certain colonies in North stated, in this house, that the colonies were then
in debt two millions six hundred thousand pounds America have exerted themselves in defence of his majesty's just rights and possessions, recommends
sterling money, and was of opinion they would
discharge the debt in four years. On this state, it to this house to take the same into their con
those untaxed people were actually subject to the sideration, and to enable his majesty to give them such assistance as may be a proper reward and payment of taxes to the amount of six hundred
and fif y thousand a year. In fact, however, Mr. encouragement."
Grenville was mistaken. The funds given for On the third of February, 1756, the house came sinking the debt did not prove quite so ample as to a suitable resolution, expressed in words nearly both the colonies and he expected. The calculathe same as those of the message; but with the far. tion was too sanguine. The reduction was not ther addition, that the money they voted was as an completed till some years after, and at different encouragement to the colonies to exert themselves times in different colonies. However, the tases with vigor. It will not be necessary to go through after the war continued too great to bear, any all the testimonies which your own records have addition with prudence or propriety; and when given to the truth of my resolutions. I will only the burthens imposed in consequence of former refer you to the places in the journals:
requisitions were discharged, our tone became too lol. XXVII. - 16th and 19th of May, 1757. (high to resort again to 'requisition. No colony, Vol. XXVIII. –June 1st, 1758, April 26th and since that time, ever has bad any requisition what30th, 1759.
soever made to it.
We see the sense of the crown, and the sense of January 9th and 20th, 1761. parliament, on the productive nature of a revenue Vol. XXIX. - Jan. 220, and 26th, 1762; March by grant. Now search the same journals for the 14th and 17th, 1763.
produce of the revenue by imposition, where is
il? Let us know the volume and the page? What Sir, here is the repeated acknowledgement of
is the net produce? To what service is it applied? parliament that the colonies not only gave, but
How have you appropriated iis surplus! What, gave to saliety. This nation has formerly acknow. ledged two things; first, that the colonies had can none of the many skilful indes makers, that
we are now empliying, find any trace of it? Well, gone beyond their abilities, parliament having
let them and that rest together. But are the thought it necessary to reimburse them; secondly,
journals, which say nothing of the revenue, as that they had acted legally and laudably in their grants of moncy, and their maintenance of troops, lit. It is the melancholy burthen and blot of every
silent on the discontent! O no! A child may find since the compensation is expressly given as a re
page. ward and encouragement. Reward is not bestowed for acts that are unlawful, and encouragement is I think then I am, from those journals, justified not held out to things that deserve reprehension in the sixth and last resolution, which is-"That My resolution, therefore, docs nothing more than bath been found, by experience, that the inan. collect into one proposition what is scattered ner of granting the said suppies and aids, by the through your journals. I give you nothing but said general assemblies, li. been more agreeable
to the said co ones, and more beneficial and con. New England. - And it may be proper to repeal an ducive to the public service, than the mode of act made in the fourteenth year of the reign of his giviig and graniii.g aids in parliament, to be raised present majesty, entitled, an act for the better and part in the same colonies. This makes the regulating the government of the province of the whole of the fundamental part of the plan. The Massachusetts Bay, in New England.- And also conclusion is irresistible. You cannot say that you that it may be proper to explain and amend an act, were driven by any necessity 10 an exercise of the made in the thirty-fifth year of the reign of king utmost rights of legislature. You cannot assert Henry the eighth, entitled, an act for the trial of that you took on yourselves the task of imposing treasons committed out of the king's dominions." colony taxes, from the want of another legal body,
I wish, sir, to repeal the Boston port bill, be. that is competent to the purpose of supplying the
canse (independently of the dangerous precedent exigencies of the state, without wounding the of suspending the rights of the subjects during prejudices of the people. Neither is it true that the king's pleasure) it was passed, as I apprebend, the body so qualified, and having that competence, with less regularity, and on more partial princi. had neglected the duty.
ples than it ought. The corporation of Boston The question now, on all this accumulated mat. was not beard, before it was condemned. Other ter, ir, vdiether you will choose to abide by a pro- towns full as guilty as she was, have not had their fitable experience, or a mischievous theory; whe- ports blocked up. Even the restraining bill of the ther you choose to build on imagination or fact; present session does not go to the length of the whether you prefer enjoyment or hope; satisfaction Boston port act. The same ideas of prudence,
which induced you not to extend equal punishin your subjects, or discontent.
ment to equal guilt, even when you were punishIf these propositions are accepted, every thing ing, induce me, who mean not to chastise, but to which has been made to enforce a contrary system, reconcile, to be satisfied with the punishment al. must, I take it for granted, fall along with it. On ready partially inflicted. that ground, I have drawn the following resolution, which, when it comes to be moved, will naturally
Ideas of prudence, and accommodation to cirbe divided in a proper manner: "That it may be cumstances, prevent you from taking away the
charters of Connecticut and Rhode Island, as you proper to repeal an act, made in the seventh year of the reign of his present majesty, entitled, an
have taken away that of Massachusetts colony, act for granting certain duties in the British colo. though the crown has far less power in the above nies and plantations in America; for allowing a
two former provinces than it enjoyed in the latter: drawback of the duties of customs upon the ex
and though the abuses have been full as great, portation from this kingdom of coffee and cocoa
and as flagrant, in the exempted as in the punished. nuts, of the produce of the said colonies and
The same reasons of prudence and accommodation plantations; for discontinuing the drawbacks pay
have weight with me in restoring the charter of the able on Crina earthen-ware exported to America, Massachusetts Bay. Besides, sir, the act which and for more effectually preventing the clandestine changes the charter of the Massachusetts-Bay is in running of goods in the said colonies and planta- many particulars so exceptionable, that if I did tions. And that it may be proper to repeal an act not wish absolutely to repeal, I would by all means made in the fourteenth year of the reign of his desire to alter it, as several of its provisions tend present majesty, entitled, an ect to discontinue, in
to the subversion of all public and private justice, such manner, and for such time, as are therein Such, among others, is the power in the governor mentioned, the landing and discharging, lading or to change the sheriff at his pleasure, and to make shipping, of goods, wares, and merchandize, at the a new returning officer for every special cause. It town and within the barbor of Boston, in the pro
is shameful to behold such a regulation standing vince of Massachusetts Bay, in North America. among English laws. And that it may be proper to repeal an act made The act for bringing persons, accused of comin the fourteenth year of the reign of his present mitting murder, under the orders of government, majesty, entitled, an act for the impartial ad. to England for trial, is but temporary. That act ministration of justice, in the cases of persons bas Calculated the probable duration of our quarrel questioned for any acts done by them, in the execu. with the colonies, and is accomodated to that sup. tion of the law, or for the suppression of riots and I posed duration. I would hasten the happy motumults in the province of Massachusetts-Bay, in'ment of reconciliation; and therefore must, on my