Слике страница
PDF
ePub

penal statutes? You made fifteen for Wales. But your legislative authority is perfect with regard to America. Was it less perfect in Wales, Chester, and Durham? But America is virtually represented. What! does the 5 electric force of virtual representation more easily pass over the Atlantic than pervade Wales, which lies in your neighborhood- or than Chester and Durham, surrounded by abundance of representation that is actual and palpable? But, Sir, your ancestors thought this sort of 10 virtual representation, however ample, to be totally insufficient for the freedom of the inhabitants of territories that are so near, and comparatively so inconsiderable. How then can I think it sufficient for those which are infinitely greater, and infinitely more remote ?

15

You will now, Sir, perhaps imagine that I am on the point of proposing to you a scheme for a representation of the Colonies in Parliament. Perhaps I might be inclined to entertain some such thought; but a great flood stops me in my course. Opposuit natura. - I cannot 20 remove the eternal barriers of the creation. The thing, in that mode, I do not know to be possible. As I meddle with no theory, I do not absolutely assert the impracticability of such a representation; but I do not see my way to it, and those who have been more confident have 25 not been more successful. However, the arm of public benevolence is not shortened, and there are often several means to the same end. What nature has disjoined in one way, wisdom may unite in another. When we cannot give the benefit as we would wish, let us not refuse 30 it altogether. If we cannot give the principal, let us find a substitute. But how? Where? What substitute?

Fortunately I am not obliged, for the ways and means of this substitute, to tax my own unproductive invention. I am not even obliged to go to the rich treasury of the 35 fertile framers of imaginary commonwealths — not to

constitutional policy of this kingdom with regard to resentation, as that policy has been declared in Ac Parliament; and as to the practice, to return to mode which a uniform experience has marked o you as best, and in which you walked with security vantage, and honor, until the year 1763.

My Resolutions therefore mean to establish the e and justice of a taxation of America by grant, and by imposition; to mark the legal competency of Colony Assemblies for the support of their govern: in peace, and for public aids in time of war; t knowledge that this legal competency has had a du and beneficial exercise; and that experience has sl the benefit of their grants, and the futility of Po mentary taxation as a method of supply.

These solid truths compose six fundamental pro tions. There are three more Resolutions corollar these. If you admit the first set, you can hardly r the others. But if you admit the first, I shall be from solicitous whether you accept or refuse the las think these six massive pillars will be of strength cient to support the temple of British concord. I no more doubt than I entertain of my existence th you admitted these, you would command an imme peace, and, with but tolerable future management, a ing obedience in America. I am not arrogant in this fident assurance. The propositions are all mere ma of fact, and if they are such facts as draw irresis

conclusions even in the stating, this is the power of truth, and not any management of mine.

Sir, I shall open the whole plan to you, together with such observations on the motions as may tend to illustrate 5 them where they may want explanation. The first is a Resolution

10

[ocr errors]

"That the Colonies and Plantations of Great Britain in North America, consisting of fourteen separate Governments, and containing two millions and upwards of free inhabitants, have not had the liberty and privilege of electing and sending any Knights and Burgesses, or others, to represent them in the High Court of Parliament."

This is a plain matter of fact, necessary to be laid down, and, excepting the description, it is laid down in 15 the language of the Constitution; it is taken nearly verbatim from acts of Parliament.

20

20

25

25

The second is like unto the first

"That the said Colonies and Plantations have been 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 Parliament, 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."

Is this description too hot, or too cold; too strong, or too weak? Does it arrogate too much to the supreme 30 legislature? Does it lean too much to the claims of the people? If it runs into any of these errors, the fault is not mine. It is the language of your own ancient Acts of Parliament.

[blocks in formation]

"Non meus hic sermo, sed quæ præcepit Ofelius,
Rusticus, abnormis sapiens."

It is the genuine produce of the ancient, rustic, manly, homebred sense of this country.—I did not dare to rub off a particle of the venerable rust that rather adorns and preserves, than destroys, the metal. It would be a profanation to touch with a tool the stones which con- 5 stuct the sacred altar of peace. I would not violate with modern polish the ingenuous and noble roughness of these truly Constitutional materials. Above all things, I was resolved not to be guilty of tampering, the odious vice of restless and unstable minds. I put my foot in 10 the tracks of our forefathers, where I can neither wander nor stumble. Determining to fix articles of peace, I was resolved not to be wise beyond what was written; I was resolved to use nothing else than the form of sound words, to let others abound in their own sense, and carefully to 15 abstain from all expressions of my own. What the law has said, I say. In all things else I am silent. I have no organ but for her words. This, if it be not ingenious, I am sure is safe.

There are indeed words expressive of grievance in this 20 second Resolution, which those who are resolved always to be in the right will deny to contain matter of fact, as applied to the present case, although Parliament thought them true with regard to the counties of Chester and Durham. They will deny that the Americans were ever 25 "touched and grieved" with the taxes. If they consider nothing in taxes but their weight as pecuniary impositions, there might be some pretence for this denial; but men may be sorely touched and deeply grieved in thei privileges, as well as in their purses. Men may lose little 30 in property by the act which takes away all their freedom. When a man is robbed of a trifle on the highway, it is not the two-pence lost that constitutes the capital outrage. This is not confined to privileges. Even ancient indulgences, withdrawn without offence on the part of 35

those who enjoyed such favors, operate as grievances. But were the Americans then not touched and grieved by the taxes, in some measure, merely as taxes? If so, why were they almost all either wholly repealed, or ex5 ceedingly reduced? Were they not touched and grieved even by the regulating duties of the sixth of George the Second? Else, why were the duties first reduced to one third in 1764, and afterwards to a third of that third in the year 1766? Were they not touched and grieved by 10 the Stamp Act? I shall say they were, until that tax is revived. Were they not touched and grieved by the duties of 1767, which were likewise repealed, and which Lord Hillsborough tells you, for the Ministry, were laid contrary to the true principle of commerce? Is not the 15 assurance given by that noble person to the Colonies of a resolution to lay no more taxes on them an admission that taxes would touch and grieve them? Is not the Resolution of the noble lord in the blue ribbon, now standing on your Journals, the strongest of all proofs 20 that Parliamentary subsidies really touched and grieved them? Else why all these changes, modifications, repeals, assurances, and resolutions?

25

The next proposition is

"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."

This is an assertion of a fact. I go no further on the paper, though, in my private judgment, a useful repre30 sentation is impossible - I am sure it is not desired by them, nor ought it perhaps by us - but I abstain from opinions.

35

The fourth Resolution is

"That each of the said Colonies hath within itself a body, chosen in part, or in the whole, by the freemen, freeholders,

« ПретходнаНастави »