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ing you can do nothing but at the ports. Now suppose it is Virginia that refuses to appear at your auction, while Maryland and North Carolina bid handsomely for their ransom, and are taxed to your quota; How will you put these colonies on a par? Will you tax the tobacco of Virginia? If you do, you give its deathwound to your English revenue at home, and to one of the very greatest articles of your foreign trade. If you tax the import of that rebellious colony, what do you tax but your own manufactures, or the goods of some other obedient, and already well taxed colony? Who has said one word on this labyrinth of detail, which bewilders you more and more as you enter into it? Who has presented, who can present you, with a clue to lead you out of it? I think, Sir, it is impossible, that you should not recollect that the colony bounds are so implicated in one another (you know it by your other experiments in the bill for prohibiting the New England fishery) that you can lay no possible restraints on almost any of them which may not be presently eluded, if you do not confound the innocent with the guilty, and burthen those whom, upon every principle, you ought to exonerate. He must be grossly ignorant of America, who thinks, that, without falling into this confusion of all rules of equity and policy, you can restrain any single colony, especially Virginia and Maryland, the central and most important of them all.

Let it also be considered, that, either in the present confusion you settle a permanent contingent, which will and must be trifling; and then you have no effectual revenue: or you change the quota at every exigency; and then on every new reparation you will have a new quarrel.

Reflect besides, that when you have fixed a quota for every colony, you have not provided for prompt and punctual payment. Suppose one, two, five, ten years arrears. You cannot issue a treasury extent against the failing colony. You must make new Boston port bills, new restraining laws, new acts for dragging men to England for trial. You must send out new fleets, new armies. All is to begin again. From this day forward the empire is never to know an hour's tranquillity. An intestine fire will be kept alive in the bowels of the colonies, which one time or other must consume this whole empire. I allow indeed that the empire of Germany raises her revenue and her troops by quotas and contingents; but the revenue of the empire, and the army of the empire, is the worst revenue, and the worst army, in the world.

Instead of a standing revenue, you will therefore have a perpetual quarrel. Indeed the noble lord, who proposed this project of a ransom by auction, seemed himself to be of that opinion. His project was rather designed for breaking the union of the colonies, than for establishing a revenue. He confessed, he apprehended that his proposal would not be to their taste. I say, this scheme of disunion seems to be at the bottom of the project; for will not suspect that the noble lord meant nothing but merely to delude the nation by an airy phantom which he never intended to realize. But whatever his views may be; as

propose the peace and union of the colonies as the very foundation of my plan, it cannot accord with one whose foundation is perpetual discord.

. Compare the two. This I offer to give you is plain and simple. The other full of perplexed and intricate mazes. This is mild; that harsh. This is found by experience effectual for its purposes; the other is a new project. This is universal; the other calculated for certain colonies only. This is immediate in its conciliatory operation; the other remote, contingent, full of hazard. Mine is what becomes the dignity of a ruling people; gratuitous, unconditional, and not held out as matter of bargain and sale. I have done my duty in proposing it to you. I have indeed tired you by a long discourse; but this is the misfortune of those to whose influence nothing will be conceded, and who must win every inch of their ground by argument. You have heard me with goodness. May you decide with wisdom! For my part, I feel my mind greatly disburthened by what I have done to-day. I have been the less fearful of trying your patience, because on this subject I mean to spare it altogether in future. I have this comfort, that in every stage of the American affairs, Í have steadily opposed the measures that have produced the confusion, and may bring on the destruction, of this empire. now go so far as to risk a proposal of my own. If I cannot give peace to my country; I give it to my con

science.

But what (says the financier) is peace to us without money? Your plan gives us no reve

nue. No! But it does-For it secures to the subject the power of REFUSAL; the first of all revenues. Experience is a cheat, and fact a liar, if this power in the subject of proportioning his grant, or of not granting at all, has not been found the richest mine of revenue ever discovered by the skill or by the fortune of man. It does not indeed vote you

£.152,750:11:24ths, nor any other paltry limited sum. But it gives the strong box itself, the fund, the bank, from whence only revenues can arise among a people sensible of freedom: Posita luditur arca. Cannot you in England; cannot you at this time of day; cannot you, a house of commons, trust to the principle which has raised so mighty a revenue, and accumulated a debt of near 140 millions in this country? Is this principle to be true in England, and false every where else? Is it not true in Ireland! Has it not hitherto been true in the colonies? Why should you presume, that, in any country, a body duly constituted for any function, will neglect to perform 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 morecopious stream of revenue, than could be squeezed from the dry husks of oppressed in digence, 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 reciprocai 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, evergrowing, eternal debt, which is due to generous government from protected freedom. And so may 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 there ever 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 thoy multiply, the more friends you will have:

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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 natural 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 letyour ters of office, and your instructions, and your suspending clauses, are the things that hold together the great contexture of this mysterious 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 ef ficacy to them. It is the spirit of the English constitution, which, infused through the mighty mass, pervades, feeds, unites, invigorates, viviñes, every part of the empire, even down to the minutest member.

Is it not the same virtue which does every thing for us here in England? Do you imagine then, that it is the land tax act which raises your revenue? that it is the annual vote in the committee of supply, which gives you your army? or that it is the mutiny bill which inspires it with bravery and discipline? No! Surely no! 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. Magna-
nimity in politics is not seldom the truest wis-
dom; and a great empire and little minds go
ill together. If we are conscious of our situa-
tion, and glow with zeal to fill our places as
becomes our station and ourselves, we ought
to auspicate all our public proceedings on
America, 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. English 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,

"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."

Upon this resolution, the previous question was put, and carried; for the previous question 270, against it 78.

As the propositions were opened separately in the body of the speech, the reader perhaps may wish to see the whole of them together, in the form in which they were moved for.

"MOVED,

"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 do ting and sending any knights and burgesses, or others, to represent them in the high court of parliament."

That the said colonies and plantations 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

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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 common wealth, quietness, rest, and peace, of the subjects inhabiting within the same." "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."

"That each of the said colonies hath within itself a body, chosen, in part or in the whole, by the freemen, freeholders, or other free inhabitants thereof, commonly called the general assembly, or general court; with powers legally to raise, levy, and assess, according to the several usages of such colonies, duties and taxes towards defraying all sorts of public services."*

"That the said general assemblies, general courts, or other bodies, legally qualified as aforesaid, have at sundry times freely granted several large subsidies and public aids for his majesty's service, according to their abilities, when required thereto by letter from one of his majesty's principal secretaries of state; and that their right to grant the same, and their cheerfulness and sufficiency in the said grants, have been at sundry times acknowledged by parliament."

"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."

"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 draw back of the duties of customs, upon the exportation from this kingdom, of coffee and cocoanuts, of the produce of the said colonies or plantations; for discontinuing the drawbacks

The first four motions and the last had the previous question put on them. The others were negatived.

The words in Italics, were, by an amendment that was carried, left out of the motion; which will appear in the journals, though it is not the practice to insert such amendments in the votes.

payable on china earthenware exported to America; and for more effectually preventing the clandestine running of goods in the said colonies and plantations."

"That it may be proper to repeal an act, made in the 14th year of the reign of his present majesty, intituled, An act to discontinue, in such manner, and for such time, as are therein mentioned, the landing and discharging, lading or shipping of goods, wares and merchandise, at the town, and within the harbour, of Boston, in the province of Massachusetts' Bay, in North America."

"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 law, or for the suppression of riots and tumults, in the province of Massacushetts' Bay, in New England."

"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 Massachusetts' Bay, in New England."

"That it is proper to explain and amend an act, made in the 35th year of the reign of King Henry VIII. intituled, An act for the trial of treasons committed out of the King's dominions."

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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 offices of the chief justice and judges of the superiour courts, it may be proper that the said chief justice and other judges of the superiour 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 governour, 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."

"That it may be proper to regulate the courts of admiralty, or vice-admiralty, authorized by the 15th chapter of the 4th of George III. 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

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A LETTER

FROM MR. BURKE, TO JOHN FARR AND JOHN HARRIS, ESQRS.
SHERIFFS OF THE CITY OF BRISTOL, ON THE AFFAIRS OF
AMERICA.

1777.

GENTLEMEN,

I HAVE the honour of sending you the two last acts which have been passed with regard to the troubles in America. These acts are similar to all the rest which have been made on the same subject. They operate by the same principle; and they are derived from the very same policy. I think they complete the number of that sort of statutes to nine. It affords no matter for very pleasing reflection, to observe, that our subjects diminish, as our laws increase.

If I have the misfortune of differing with some of my fellow-citizens on this great and arduous subject, it is no small consolation to me, that I do not differ from you. With you, I am perfectly united. We are heartily agreed in our detestation of a civil war. We have ever expressed the most unqualified disapprobation of all the steps which have led to it, and of all those which tend to prolong it. And I have no doubt that we feel exactly the same emotions of grief and shame on all its miserable consequences; whether they appear, on the one side or the other, in the shape of victories or defeats, of captures made from the English on the continent, or from the English in these islands; of legislative regulations which subvert the liberties of our brethren, or which undermine our own.

Of the first of these statutes (that for the letter of marque) I shall say little. Exceptionable as it may be, and as I think it is in some particulars, it seems the natural, perhaps necessary result of the measures we have taken, and the situation we are in. The other (for a partial suspension of the Habeas Corpus) appears to me of a much deeper malignity. During its progress through the house of commons, it has been amended, so as to express more distinctly than at first it did, the avowed sentiments of those who framed it: and the main ground of my exception to it is, because it does express, and does carry into execution,

purposes which appear to me so contradictory
to all the principles, not only of the constitu-
tional policy of Great Britain, but even of that
species of hostile justice, which no asperity of
war wholly extinguishes in the minds of a civi-
lized people.

It seems to have in view two capital objects;
the first, to enable administration to confine,
as long as it shall think proper, those, whom
that act is pleased to qualify by the name of
pirates. Those so qualified, I understand to
be, the commanders and mariners of such pri-
vateers and ships of war belonging to the colo-
nies, as in the course of this unhappy contest
may fall into the hands of the crown. They
are therefore to be detained in prison, under
the criminal description of piracy, to a future
trial and ignominious punishment, whenever
circumstances shall make it convenient to exe-
cute vengeance on them, under the colour of
that odious and infamous offence.

To this first purpose of the law, I have no small dislike; because the act does not (as all laws, and all equitable transactions ought to do) fairly describe its object. The persons, who make a naval war upon us, in consequence of the present troubles, may be rebels; but to call and treat them as pirates, is confounding, not only the natural distinction of things, but the order of crimes; which, whether by putting them from a higher part of the scale to the lower, or from the lower to the higher, is never done without dangerously disordering the whole frame of jurisprudence. Though piracy may be, in the eye of the law, a less offence than treason; yet as both are, in effect, punished with the same death, the same forfeiture, and the same corruption of blood, I never would take from any fellow creature whatever, any sort of advantage which he may derive to his safety from the pity of mankind, or to his repu tation from their general feelings, by degrading his offence, when I cannot soften his punishment. The general sense of mankind tells N

Seizure
of
"pirates"

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