and devotion; its unfinished state refers to the | sanctions our endeavors," allude to the many infancy of the American government. The eye and single interpositions of Providence in favor over it, and the motto, "Annuit cæptis," "he of the American cause. BRITISH PARLIAMENT. INTERESTING PROCEEDINGS, SPEECHES, AND DISCUSSIONS RELATING TO THE AMERICAN COLONIES. EARL OF CHATHAM. HIS ABLE SPEECH DELIVERED IN THE HOUSE OF LORDS, "ON THE DECLARATORY BILL OF THE SOVEREIGNTY OF GREAT BRITAIN OVER THE AMERICAN COLONIES." FROM THE BRISTOL (eng.) gazette, March 24, 1774. When I spoke last on this subject, I thought I had delivered my sentiments so fully, and supported them with such reasons, and such authorities, that I apprehended I should be under no necessity of troubling your lordship again. But I am compelled to rise up and beg your further indulgence; I find that I have been very injuriously treated, have been considered as the broacher of new fangled doctrines, contrary to the laws of this kingdom, and subversive of the rights of parliament. My lord, this is a heavy charge, but more so when made against one stationed as I am, in both capacities, as P— and J—, the defender of the law and the constitution. When I spoke last, I was indeed replied to, but not answered. In the intermediate time many things have been said. As I was not present, I must now beg leave to answer such as have come to my knowledge. As the affair is of the utmost importance, and in its consequences may involve the fate of kingdoms, I took the strictest review of my arguments. I examined all my authorities; fully determined, if I found myself mistaken, publicly to own my mistake, and give up my opinion. But my searches have more and more convinced me that the British parliament have no right to tax the Americans. I shall not therefore consider the declaratory bill now lying on your table; for to what purpose, but loss of time, to consider the particulars of the very existence of which is illegal, absolutely illegal, contrary to the fundamental laws of nature, contrary to the funamental laws of this constitution grounded on the eternal and immutable laws of nature; a constitution on whose foundation and centre is liberty, which sends liberty to every subject that is or may happen to be within any part of its ample circumference. Nor, my lord, is the doctrine new; it is as old as the constitution; it grew up with it, it is its support; taxation and representation are inseparably united; God hath joined them, no British parliament can separate them; to endeavor to do it is to stab our very vitals. Nor is this the first time this doctrine has been mentioned; seventy years ago, my lord, a pamphlet was published, recommending the levying a parliamentary tax on one of the colonies; this pamphlet was answered by two others, then much read; these totally deny the power of taxing the colonies; and why? because the colonies had no representatives in parliament to give consent; no answers, public or private, was given to these pamphlets; no censure passed upon them; men were not startled at the doctrine, as either new or illegal, or derogatory to the rights of parliament. I do not mention these pamphlets by way of authority, but to vindicate myself from the imputation of having first broached this doctrine. My position is this-I repeat it—I will maintain it to my last hour-taxation and representation are inseparable: this position is founded on the laws of nature; it is itself an eternal law of nature; for whatever is a man's own, is absolutely his own; no man has a right to take it from him without his consent, either expressed by himself or representative; whoever attempts to do it, attempts an injury; whoever does it, commits a robbery; he throws down and destroys the distinction between liberty and slavery. Taxation and representation are coeval with, and essential to, this constitution. I wish the maxim of Machiavel was followed, that of examining a constitution, at certain periods, according to its first principles; this would correct abuses and supply defects. I wish the times would bear it, and that men's minds were cool enough to enter upon such a task, and that the representative authority of this kingdom was more equally settled. I am | As to Ireland, my lord, before that kingdom sure some histories of late published, have done had a parliament, as it now has, if your lordgreat mischief; to endeavor to fix the æra ship will examine the old records, you will find when the house of commons began in this that, when a tax was to be laid on that country, kingdom, is a most pernicious and destructive the Irish sent over here representatives; and attempt; to fix it in an Edward's or Henry's the same records will inform your lordship reign, is owing to the idle dreams of some what wages those representatives received whimsical, ill-judging antiquarians: But, my from their constituents. In short, my lord, lord, this is a point too important to be left to from the whole of our history, from the earliest such wrong-headed people. When did the period, you will find that taxation and reprehouse of commons first begin? When my sentation were always united; so true are the lord? It began with the constitution, it grew words of that consummate reasoner and politiup with the constitution; there is not a blade cian Mr. Locke. I before alluded to his book; of grass growing in the most obscure corner 'I have again consulted him; and finding that of this kingdom, which was not ever repre- he writes so applicable to the subject in hand, sented since the constitution began; there is and so much in favor of my sentiments, I beg not a blade of grass which, when taxed, was your lordship's leave to read a little of his book. not taxed by the consent of the proprietor. There is a history written by one Carte, a history that most people see through; and there is another favorite history, much read and admired. I will not name the author, your lordship must know whom I mean, and you must know from whence he pilfered his notions concerning the first beginning of the house of commons. My lord, I challenge any one to point out the time when any tax was laid upon any person by parliament, that person being unrepresented in parliament. The parliament laid a tax upon the palatinate of Chester, and ordered commissioners to collect it there, as commissioners were ordered to collect it in other counties; but the palatinate refused to comply; they addressed the king by petition, setting forth, that the English parliament had no right to tax them; that they had a parliament of their own; they had always taxed themselves, and therefore desired the king to order his commissioners not to proceed. My lord, the king received the petition; he did not declare them either seditious or rebellious, but allowed their plea, and they taxed themselves. Your lordship may see both the petition and the king's answer, in the records in the Tower. The clergy taxed themselves; when the parliament attempted to tax them, they stoutly refused, said they were not represented there; that they had a parliament of their own, which presented the clergy; that they would tax themselves; that they did so. Much stress has been laid upon Wales, before it was united as it now is, as if the king, stand "The supreme power cannot take from any man, any part of his property without his own consent;" and B. II. p. 136-139 and particularly 140. Such are the words of this great man, and which are well worth your lordship's serious attention. His principles are drawn from the heart of our constitution, which he thoroughly understood, and will last as long as that shall last: and, to his immortal honor, I know not what, under Providence, the revolution and all its happy effects are more owing than to the principles of government laid down by Mr. Locke. For these reasons, my lord, I can never give my assent to any bill for taxing the American colonies, while they remain unrepresented, for, as to the distinction of a virtual representation, it is so absurd as not to deserve an answer; I therefore pass it over with contempt. The forefathers of the Americans did not leave their native country, and subject themselves to every danger and distress, to be reduced to a state of slavery; they did not give up their rights: they looked for protection, and not for chains, from their mother country; by her they expected to be defended in the possession of their property, and not to be deprived of it: for should the present power continue, there is nothing which they can call their own : or, to use the words of Mr. Locke, "what property have they in that which another may by right take when he pleases to himself?" GOVERNOR JOHNSTON. ing in the place of the former princes of that HIS SPEECH DELIVERED IN THE HOuse of COMMONS, ON THE BILL FOR BLOCKADING country, raised money by his own authority; but the real facts are otherwise: For I find that, long before Wales was subdued, the northern counties of that principality had representatives and a parliament or assembly. in pronouncing my sentiments at any time, that MR. SPEAKER-I find so much difficulty unless the house is kindly disposed to hear me | ing, nay, inviting men to those deeds, by inef at this late hour, I shall patiently sit down, because I am conscious it will require their greatest indulgence to enable me to express myself in a manner worthy of their attention. A modesty, becoming my situation, prevented me from offering my opinion before, when I saw men of so much superior ability rising from the beginning of the debate. It may appear arrogant in a member so inferior as I confess myself to be, to offer objections to a bill so extensive in its consequences under every consideration, especially after it must have been so maturely considered, in every article, by men so distinguished by their talents and high situations in office, besides the general applause which has followed the bill in its rapid progress through this house. Nevertheless though naturally diffident of my opinion, when I had the good or bad fortune (I don't know which to term it) of prognosticating to the chairman of the East-India company, the consequences of sending this tea, on their own account, to America, and that the event has literally fulfilled my words, as it is well known to some members now in my eye, it makes me more confident in warning the house of what I apprehend will be the consequences of this bill. I told the chairman of the East-India company, first in conversation, on asking my opinion, and afterwards by letter, that the evidence might appear in the progress of things, that I conceived the East-India company exporting tea on their own account was, under every consideration of their situation and institution, wrong, but under the present discontents and disputed matters of government in America, criminally absurd, because they were presenting themselves as the butt in the controversy, where they would probably come off with the loss of the whole. The event has justified my prediction; for whatever re-payment the company may obtain from the town of Boston, under those cruel coercive measures now proposed, (the effect of which I still doubt) yet the company must remain great losers, even if the other provinces, equally culpable, are made to refund the loss arising from their conduct; because it was not supplies of cash at a distant period the company wanted, but an immediate supply to answer a temporary exigency, which a combination of the enemies of the company had produced. I now venture to predict to this house, that the effect of the present bill must be productive of a general confederacy, to resist the power of this country. It is irritating, tempt fectual expedients, the abortions of an undecisive mind, incapable of comprehending the chain of consequences which must result from such a law. I am not one of those who believe, that distant provinces can be retained in their duty by preaching or enchantments; I believe that FORCE OF POWER, conducted with WISDOM, are the means of securing regular obedience under every establishment, but that such force should never be applied to any degree of rigor, unless it shall carry the general approbation of mankind in the execution. However much such approbation may prevail at the particular moment in this house, it is impossible to believe the sense of Great Britain, or the sense of America, can go to the punishing a particular town, for resisting the payment of the tea-tax, which is universally odious throughout America, and is held in ridicule and contempt by every thinking man in this country. The question of taxing America is sufficiently nice to palliate resistance, if the subject had never been litigated in this country; but, after the highest characters in the state had declared against the right of this country to impose taxes on America, for the purposes of revenue; after the general voice of the senate had concurred in repealing the stamp-act, upon that principle; after those men, who had maintained these doctrines, had been promoted by his majesty to the first stations in the administration of civil and judicial affairs, there is so much mitigation to be pleaded in favor of the Americans, from those circumstances (allowing them in an error at present) that every man must feel the height of cruelty, by enforcing contrary maxims, with any degree of severity at first, before due warning is given. It is in vain to say that Boston is more culpable than the other colonies; sending the ships from thence, and obliging them to return to England, is a more solemn and deliberate act of resistance, than the outrage committed by persons in disguise, in the night, when the ship refused to depart. That the blocking up of the harbor of Boston, to prevent the importation of British manufactures, or the exportation of goods which are to pay for them, is a measure equally absurd as if the parliament here, upon the resistance which was made to their resolution, by the riots of Brentford, and other disturbances in the county of Middlesex, had decreed, by way of punishment, that the freeholders should have been prohibited from sowing wheat. For whose benefit do the inhabitants of Boston toil and labor! The springs in the circle of commerce bear so government, and residing in the provinces, are now given in reversion, three or four lives deep, to men living in this country. The command of the military, which was another great source of respect and obedience, is likewise taken from the governor; so that in truth he remains an insignificant pageant of state, fit only to transmit tedious accounts of his own ridiculous situation: or, like the doctor of Sorbonne, to debate with his assembly about abstract doctrines in government. I am far from wishing to throw any blame upon governor Hutchinson, or to condemn him, like the town of Boston, unheard. The absence of the man, and the general clamor against him, will restrain me from saying many things respecting his conduct, which appear reprehensible. But I cannot admit a passage in the speech of a noble lord to pass unnoticed. His lordship alleges, "that the governor could not apply to the admiral in the harbor, or to the commanding officer of the troops in the castle, for the protection of the custom-house officers, as well as the teas in question, without the advice of his council." But I beg leave to inform the noble lord, as I served in that station myself, that there is a volume of instructions to every governor on this subject, whereby he is commanded, under the severest penalties, nicely on each other, that few men can tell by | all order and obedience should cease. The interrupting one, the degree and extent to colonies can only be governed by their assemwhich the rest may be exposed. By exclud- blies, as England by the house of commons: ing the importation of molasses, and the ex- the patent officers, as well as those in the cusportation of that spirit which is distilled at toms, which were formerly given, at the recomBoston, the whole Guinea trade will be af-mendation of the governors, to men supporting fected, and in consequence the sugar trade that depends upon it. In extending this kind of punishment to the other colonies, every one must see the danger; and yet, if it can be approved for one, the same arguments will hold good to approve or reject it respecting the other. But let any man figure to himself the consequences to this country, if a similar punishment was applied to the colony of Virginia; £300,000 a year diminution in revenue, besides the loss of all the foreign contracts, and perhaps of that beneficial trade forever. Notwithstanding the general approbation which has been given to this bill, and the loud applauses which have been re-echoed to every word of the noble lord in explaining it, yet no man will be bold enough to say, that this partial punishment is a remedy for the general disease, and yet without knowing what is to follow, no man can be vindicated (even supposing the bill right in part) for giving his assent to it. Those gentlemen who are in the secrets of the cabinet, and know how assuredly every proposition from them is adopted by this house, may be excused for their sanguine acclamations in favor of the measure. But the general mass, who must be equally ignorant with myself of what is to follow, can have no excuse for giving their assent so readily for punishing their fellow subjects in so unprecedented a manner, and their eager zeal serves only to show how ready they are to obey the will of another, without exercising their own judgment in the case. If the government of this country is resisted in America, my opinion is, instead of removing the seat of government in the colony, and forcing the elements to bend to our will, which is impossible, that an effectual force should be carried to the heart of the colony resisting, to crush rebellion in the bud, before a general confederacy can be formed. In the present case we abandon the government, and drive the inhabitants to despair, leaving the multitude a prey to any ambitious spirit that may arise. For my own part I am convinced, from experience in the colonies, that good government may be conducted there upon rational grounds, as well as in this country; but the power and means of governing, rewards and punishments, are taken from your supreme executive magistrate in every sense, and then you are surprised that 46 to give all kind of protection to trade and commerce, as well as to the officers of his majesty's customs, by his own authority, without the necessity of acting through his council." Nor can I conceive a possible excuse for the destruction of those teas, while two men of war lay in the harbor, without the least application having been made to the admiral for protection, during so long a transaction. The first essential point in those disputes which are now likely to become so serious, by the weakness of administration in this country, in following no connected plan, either of force or favor, but constantly vibrating between the two, is to put ourselves in the right, and for this purpose I would recommend the immediate repeal of the tea duty, which can be vindicated upon no principles, either of commerce or policy. Men may allege this would be giving up the point. But if we have no better points to dispute upon, I am ready to yield the argument. Raising taxes in America for the purposes of revenue, I maintain to be unneces sary and dangerous. A stamp act, as a meas- | cution, on contract made by parties before ure of police, varied for the different govern- they could be apprised of it, and the despatch ments, and leaving the revenue raised thereby of ships in harbor under the limited time, to be appropriated by the respective legisla- without any exception for the desertion of seatures, I hold to be a measure of the highest men, or wind and weather, is altogether melefficacy, for maintaining a due obedience to the ancholy to consider! The power given to the authority of this country, and prolonging that admiral, or chief commander, to order the dependence for ages to come. How far it can ships returning from foreign voyages to such be executed after what has already passed, I stations, as he shall direct, is wild, vexatious, am rather diffident; but of this I am certain, indefinite. That of permitting his majesty to that in case Great Britain is deprived of execut- alter the value of all the property in the town ing a measure of that nature, which, by per- of Boston, upon restoring the port, by affixing vading every transaction, secures the execution such quays and wharves, as he only shall in itself, she has lost one of the greatest en- appoint, for landing and shipping of goods, is gines for supporting her influence throughout liable to such misrepresentation and abuse, the empire without oppression. Some men, that I expect to see every evil follow the exerwho are for simplifying government to their cise of it, and it must create infinite jealousies own comprehensions, will not allow they can and distractions among the people. conceive that the supreme legislative authority shall not be paramount in all things; and taxation being fully comprehended in legislation, they argue, that the power of the one must necessarily follow that of the other, and yet we HOUSE OF COMMONS. find mankind possessed of privileges, which INTERESTING DEBATE ON THE SECOND are not to be violated in the most arbitrary countries. The province of Languedoc is a striking example in refutation of the doctrines respecting taxation, which are held by such narrow observers. The kingdom of Ireland is another instance in our dominions. There is not one argument which can apply for exempting Ireland from taxation by the parliament of Great Britain, that does not equally protect the colonies from the power of such partial judges. Every man should now call to his remembrance by what obstinate infatuation Philip the II. came to lose the United Provinces. Can it be supposed that, in a nation so wise as Spain was at that time, that no man perceived the injustice and futility of the measure in dispute? But I can easily suppose, from the pride of authority where our vanity is so much flattered, that no man durst venture a proposition for receding from that cruel measure after it had been resisted by violence. These are the general heads : The particular objections to the bill are, first, for continuing the punishment "until satisfaction shall be made to the India company," without stating the amount, or what that satisfaction shall be. Next, "until peace and good order shall be certified to be restored," when it is impossible, as to the subject in dispute, that such certificate can never be granted, because the custom-house officers are removed, and all trade and commerce prohibited. The numerous disputes and litigations which must necessarily arise in carrying this law into exe READING OF THE BILL FOR REGULATING April 26, 1774 Mr. Fuller said, he did not rise to make any debate, for he was not enabled as yet to form any opinion whether the bill before the house was a proper bill or not; as copies of the charters which had been ordered before the house were not yet laid, he would venture to say, that no man knew the constitution of that government; it was therefore impossible for him to say in what manner he would correct or amend it. Sir George Saville said, he had not troubled the house before on the occasion, but he could not help observing, that the measure now before the house was a very doubtful and dangerous one; doubtful as to the propriety of regulation, and dangerous as to its consequence; that charters by government were sacred things, and are only to be taken away by a due course of law, either as a punishment for an offence, or for a breach of the contract, and that can only be by evidence of the facts; nor could he conceive that in either of those cases there could be any such thing as proceeding without a fair hearing of BOTH parties. This measure before us seems to be a most extraordinary exertion of legislative power. Let us suppose a lease granted to a man, wherein was a covenant, the breach of which would subject him to a forfeiture of his lease-would not a court of justice require evidence of the fact? |