(I) THE GENTLEMAN's and LONDON MAGAZINE, For JANUARY, 1770. Gov. P-w-ll's Speech in the British Parliament, on a Motion for repealing the Duty Acts affeding America. HE introductory part of this fpeech, chief. Power, thus ufed, will inflame for the feming prefumption of a fingle in- caufe, and every further exertion of that Houle, upon a meafure wherein whole gether, and render more intense and ardividual, in offering propofitions to the power will only prefs the people clcfer toparties and bodies of men, however they dent that heat with which they are alreamay differ in other points, have concurred dy inflamed. in an undecifive fufpenfe, is purpofely of fuch moment, and treated in fo juft fequences of this ftate of things; there is on ited; the matter of the fpeech being verfal apprehenfion of the dangerous conand maerly a manner, that every apolo- a reluctance in all, and a determination in gy on account of inconfiderableness and moft men against ufing power. All look Brconnection, of inability to speak in for fome mode of policy. Nay, I will venpublic, and of being of no party, or There is, in the minds of men, an uni withing to be of any, how neceffary foe- agreed in what that policy ought to be. ver before the Houfe, is altogether indif- -Namely, That we take the firft occafifestat to ture further, to fay, that all feem to be the matter. as in America, at our There is, fays the governor, a general which the American affairs were condiffatisfaction and uneafinefs, as well here ducted until within a few years of expe that controverfy and contest between the cafion and the time which may lead to falling back into riment. People differ only as to the ocgovernment and the colonies, which we this. They fay, we will take the proper Here once to that old fafe ground of adminiftration, on are convinced that there are no means when we fee the proper ground we will are no hopes of putting an end to the get back again to the old ground. of riding the controverfy, that there repend thefe revenue laws, that we may conteft. Every event that arifes, raifes But, Sir, times and occations are not fresh difficulties; nothing but power can in our power, we cannot make them; perate, and that can operate only to mif- when they arife, and are in event, all we January, 1770. A have have to do is to profit by them. If now, Sir, I can fhew that this is the proper occafion, the very crifis in which government fhould interpofe to extricate itself with honour and fafety, perhaps the only occafion in which it can fo interpofe, I fhall not only vindicate myself for having made the motion at this time, but if I can explain this truth, with that conviction with which it lies in my own breast, I fhall be able to perfuade the house, to act allo upon this occafion. That this point of time, this crifis, may be feen as it ftands formed in itself, in all its relations, and in all its confequences, it will be neceffary to mark every line which leads to this point, this crifis. And firit, of the fovereignty and fupremacy of parliaments. That is a line from which you ought never to deviate, which ought never to be out of fight. The parliament hath, and ever will have, from the nature and effence of the conftitution, a fovereign fupreme power and jurifdiction over every part of the dominions of the ftate, to make laws in all cafes whatsoever; this is a propofition which exifts of abfolute neceffityits truth is intuitive, and need not be demonstrated---and yet there may be times and occafions when this ought to be declared and held forth to the eyes and notice of the fubject---Such was the time when the law declaring this power was made---it enacted nothing new---it declared no power that did not exist before--but it was like the hoifting your colours, the fixing your ftandard, to which all true patriots of this country might repair, under which they might arrange themfelves, and to which the duty and obedience of all might be directed---And as you cannot, as you ought not, to give up the leaft, the moft inconfiderable point of this right, of this power thus claimed, fo ought you not, fo can ye not lower thefe colours one inch, nor remove your fand. ard for a moment-- Although this declaratory law is no part of the fuperftructure of the edifice of our conftitution, yet, Sir, it is a vifible fign and fymbol of its fovereignty affixed to it, and if ever any one, now it is fo fixed as a fymbol on the edifice, fhould attempt to erase, or to remove it, the whole edifice would fall to pieces. This, Sir, is my idea of the fovereignty of parliaments, this is my idea of the . Jan. law which declares it---And if I could think myself capable of propofing any thing which might derogate from this, even in an Iota, I fhould not only think my felf unworthy of being a member of this Houfe, but even a member of the community. When, therefore, people fay that when the colonies recede, the proper occafion will arife, wherein the government of Great-Britain may concede; I say that occafion never can arise. Great conceffions are meant the giving up any Britain ought never to concede, if by those of their rights or power, which are necefjary to the fupremacy and fovereignty--nor is it what the colonies either with, deunder this fupremacy thofe rights which file, or expect. They only wish to hold they have hitherto enjoyed, and to exercife them in the manner in which they have been hitherto permitted to use them.- have not only declared this your power, § Let us then fee what is the cafe; you but you have exerted this your power, by paffing laws for railing a revenue for the fupport of civil government in the colonies, independent of the people of those fupport of civil government, although colonies. This mode of providing for the there can be no doubt in the right and power of the taxes by which the provision is intended to be made, yet it operates as a revocation of the rights and privileges of the legislatures of thofe colonies, as they have been permitted hitherto to enjoy them---It is a total change in the manner in which they have been hitherto permitted to exercise them; it is a moving of old boundaries; and you have done it by a law that is unjuft, inefficient, and directly contrary to all the principles of commerce respecting your own intereft. been hitherto permitted to hold that check The legislatures of the colonies have and controul upon the government, under which the people, whom they reprefent, live, that they have granted, approvifion for its fupport. And although they priated, and held the difpofal of the procomplain of their being aggrieved in having this power taken from them, yet they have fubmitted to your authority, have manifested their obedience to your laws, and have paid your taxes. They have indeed petitioned against the exercife of this pofe, yet they obeyed before they compower of raifing a revenue for this purplained; and if they were all now actu ally ally under military law and difcipline, as fome too much feem to be, they could not be charged with mutiny; having obeyed firft, before they complained. Although they think themfelves aggrieved-yet you command their duty in their aft and deed, and even defpotifm itElf cannot command the will. They are at the lowest point of fub. miffion. If you endeavour to prefs them down by one hair's breadth lower, like a fpring they will fly all to pieces, and they will never be brought to the fame point again. They have humbled themselves in hopes, in confidence, that as you are tout, you will be merciful-but if you continue to exert your ftoutnefs, you will find them as sturdy as they have been humble. If you will not accept their fubmiffion now they are at your feet, from the moment that you reject their submission, from that moment you will never be able to govern them.-They will not oppose power to your power, they will not go into any act of edition, they will not commit any acts of treason; but they will be impractica ble. There have been ftrange violences and outrage in America, the winds have beaten hard, the storm has been high. The fate, like a ship, hath been driven into extreme danger, amidst shoals and breakers - but the people are now in a state of fubmiffion-they are in fufpenfe-all is peace-there is a lull at this moment ; now then is the moment to refit your rig ging, to work out the veffel from amidit these breakers, and to get her under way, in her old fafe courfe, and you may bring ber to the harbour that you wish. Thus of their obedience, that it is now at this crifis, at the very lowest point that it ever will be; fo, on the other hand, of your power, it is now at its height You have in the plenitude of your power atly rejected the petitions of the coio ies, but you have renounced the principles which thofe petitions contain, and yet they continue to obey to this hour-At this hour therefore, there remains nothing that opposes your authority, nothing that militates against the principles of your fo vereignty, nothing that can be fuppofed to influence or limit your power. Every movement mult, now at this hour, derive its spring from the vigour of your own principles alone. The principles of your own wisdom, juftice and policy can alone actuate you. The people of the colonies are waiting for the iffue of this eventand as it is now in your power, and rests wholly upon your own difcretion, it is now perhaps alone (commanding the points of your own honour) that you will be able to choose your own ground with fafety. a Matters are now brought to a crifis, at which they never will be again; if this occafion is now loft, it is luit for ever. If this feffion elapfes with parliament's do ing nothing, American affairs will perhaps be impracticable for ever after.You may exert power, but you can never govern an unwilling people; they. will be able to obftruct and pervert every effort of your policy; they will render ineffectual every exertion of your govern ment; and will thut up every fource, one after another, by which you should derive any benefit or advantage from them.— 1. As your authority and power has its: full effect at this time 2. As the people have fubmitted-are paying the taxes and are at peace 3. As you have rejected their applica tions, and have renounced their princi ples. 4. As nothing remains to oppofe, ar to obftruct, the vigour of your own principles. 5. As you are at this hour, at perfect liberty and mafters of your own motives. This is the proper time, the proper occasion that you should take to recur only to yourfelves, to your own motives, to the, principles of commerce, policy and juf-, tice As there is nothing from without that can obftruct your own motions, inquire what there is within yourselves that obftructs the way, and prevents your getting back again to that old ground, on which you have, for fo many years, fafely and happily flood; examine and you will find that nothing but this unjust, in-, efficient and injudicious law (made in the 7th year of his prefent majefty) does prevent you Examine first what are the mixims and principles of the police of commerce, with which government hath acted towards the colonies for a century paft; they can no where better be defcribed than they are in the act for encouraging trade, paffed in the 15th year of the reign of Charles II. That act points out that the true fpi A 2 rit 4 Speech on the American Revenue Acts. rit of law for regulating trade between 1. To maintain a greater correfpond- 3. To fecure the vent of English goods and manufactures in the colonies 4. To make this kingdom a staple for the produce of the colonies, and a market for those fupplies which are necessary for them 5. To render them more advantageous and beneficial to this country, and to keep them and their trade to ourselves alone Now, Sir, will one fay that this revenue act, of his ́present majesty's reign, hath a tendency to maintain a greater kindness and correspondence between this kingdom and the colonies-has it not had a direct contrary effect ?—I speak only to fact. Will any one say that the spirit of this act, and the measures taken to carry it into execution, have had a tendency to keep the colonies in a firmer dependency upon us-have they not, cn the contrary, fhaken that dependency to the very root? Will any one fay that it hath a tendency to promote the vent of British goods and manufactures in the colonies-on the contrary, have not the people in every colony upon the continent, come to one general agreement, not to import any British goods upon which any of these duties are laid, in addition to that arbitrary price which we, by our monopoly, are enabled to demand ?— Will any one fay that duties, thus laid on your own merchandizes and manufactures exported to America, do not operite to a certain degree, as a prohibition against your own prudence and labour, and as a premium and encouragement to that of the colonies-has it not had that effe&t? Have these measures a tendency to render this country a ftaple for the produce of America, and a market for the fupplies necessary to it-on the contrary, has it not opened the way to a contraband fupply from foreign markets? Jan. commerce between us, inftead of securing the monopoly of it? by those principles of police, commerce Let us therefore view in this light, and and justice, the American revenue act, of majesty, which hath occafioned all this the 7th year of the reign of his prefent your getting back again to your old ground uneafinefs-which obftructs the way to which is unjust in its purport, ineffici ent as a measure of finance, and operates the laws of commerce, as they stand rein direct oppofition to every principle of lated to the mother country. Ift. As it proposes to raife a revenue lonies, independent of the people, it is for the fupport of government in the cocontrary to, and is a revocation of that fyftem of rights and privileges on which the government of the colonies hath been established.--That establishment hath from the beginning given to them the fame the public, by their legislatures having check and controul upon the fervants of the granting and disposal of the provision for the fupport of government, as parliament hath here-and as the subject in both cafes hath been always hitherto efleges, the plan of political liberty hath teemed to have the fame rights and privibeen always the fame in both cafes, although the fcale is lefs-but this meafure brought forward by this law, hath a tendency to revoke and change the whole of that fyftemis unjult, and a grievance in every de-and as it is unnecessary it gree. 2d. It is unjust as demanding fuch a nately, when several provinces have alrevenue from all the colonies indifcrimiready made ample and adequate provifion for this very purpose, conformable to the royal inftructions, by acts which have received the royal confirmation.—The inftruction which I believe hath been conftantly given to every governor of every province, fays, "that the governor muit "fion, by a permanent law, without li"require the legislature to make provi"mitation of time, for the fupport of " the adminiftration of justice, for the "civil government in that province, of and other defence for the protection of "making and repairing fortifications, "his majesty's dominions.' Will any one fay that under all thefe" circumstances, the colonies are rendered more beneficial and advantageous to us, or that we are not taking the direct way to break the intercommunion of trade and revenue act, of the 7th of his prefent ma- per |