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Reed William R. Harper Speaker of the House President of the | of Representatives University of Chicago Edward Everett Hale Ainsworth R. Spofford Author of The Man Of the Congressional Without a Country Library Rossiter Johnson Editor of Little Classics and Editor-in-Chief of this Series Aldine Edition A fad - | te ie, ee a pete le fi Copyright,1899 by D, Appleton & Co. EDMUND. BURKE. Photogravure from the painting by Joshua Reynolds in the National Gallery, London. Orations and Essays By Edmund Burke With a Critical and Biographical Introduction by Edwin Lawrence Godkin Illustrated New York D. Appleton and Company 1900 vey i At By D. APPLET DT ae Oe EDMUND BURKE MoNTESQUIEU and Burke were the two great political philosophers of the eighteenth century. The light had dawned on Locke, but he spent too much of his treatise on government in demonstrating that “ Adam had _ not, either by natural right of fatherhood or by positive dona- tion from God, any such authority over his children, or dominion over the world, as is pretended.” It may be said, however, that Locke was the first serious guide in modern politics. He was the first to preach that the origin of human society was to be found in the “ tacit consent” of those who formed it. But his influence was small, and the readers of his book on civil government were largely confined to the literary class. I think I may safely say that to Montesquieu and to Burke we owe what I may call the dawn of political consciousness. There is a sentence in Sainte-Beuve on Montesquieu which exactly describes the state of mind in which Burke, as well as Montesquieu, entered on the work of political speculation: “He felt more and more the greatness of the social invention, and desired more and more the ele- vation of the human race.” This is in reality the secret of Burke’s writings on politics, and especially of his wor-- ship of prescription. Human society was to him the most glorious product of human reason, and he could not bear to see the slightest amendment effected in it, except for overwhelming reason. lll ie EDMUND BURKE Burke, born in Dublin in 1729, began life in London at a period when Irishmen, though subject to the Crown, were apt, like Scotchmen, to be looked on in some sense as foreigners, but he had the tie of English race and, what was of more consequence, the tie of religion, when Prot- estantism was a sort of caste. He had hardly become known as a young literary man in the London coffee- houses when his extraordinary capacity was perceived. The most remorseless and prejudiced critic of that day, Dr. Johnson, was no sooner brought in contact with him than he felt that to meet Burke, even in a coffee-house discussion, called for “all his powers,” and that to fall in with him, even under a gateway during a shower, one must feel that he was a remarkable man. London was then a comparatively small place. The political circle was narrow, composed principally of a few rich families, who divided the government between them and the king. They had this peculiarity, however, which has been preserved by the Tories nearly to our day, of keeping a sharp lookout for talent among men of a lower social grade. Disraeli and Chamberlain were not the first to be picked up, and made to do the work of political drudgery by what was called their “betters.” But in those days such men had not to be rewarded with peer- ages, garters, or seats in the Cabinet. They were very well content to place their powers at the service of the state, under what Napier calls the “cold shade of aristocracy.” It was not long before Burke’s talents came to the notice of one of the great men of the day, afterward known as “Single-speech” Hamilton, and were turned remorselessly to account for his patron’s credit. From that time his rise was rapid, and he be- came, during the course of the American war and the troubles between the king and the Parliament, the great- est elucidator that ever has appeared in the field of gov- ernment. I say this because most of his political utter- ances, though containing novelties when he produced EDMUND BURKE Vv them, have had their greatness diminished solely by the fact that they have been so cherished and diffused as to have become the commonplaces of modern politics. Like Napoleon, Burke owed a great deal to circum. stances. The war with the American colonies and the rise of the Indian empire were occasions happily fitted to call forth his acumen. The modern world had just begun to come into existence. The old medizval world was just ready to perish amid the flames of the French Revo- lution. There was needed a philosopher who could gather and turn to account the lessons of these great con- vulsions. It is safe to say that without these events the “ Observations on a late Publication entitled the Present State of the Nation,” the “ Thoughts on the Present Dis- contents,” the ‘“ Appeal from the New to the Old Whigs,” the speech on “ Conciliation with America,” the “ Letters on a Regicide Peace,” and the “ Reflections on the Revo- lution in France” never would have been written; and had they never been written, the modern world would have lost one of its great sources of doctrine, of reproof, and of instruction in politics. A good deal of fault has been found with the gaudiness of Burke’s rhetoric, with the violence of his invective, and with the strength of his prejudices; but, making allowance for all this, making allowance for even total dissent from him on the French question, it is impossible to read any of the essays we have mentioned without being struck with the depth of his insight, with the breadth of his forecast, and with the extraordinary skill with which he had rolled words of wisdom into telling aphorisms which everybody could carry about with him without reference to the general argument. It is difficult to find a recent political essay, or newspaper article, in which there are not traces of indebtedness to him. A very large number of maxims and assertions with which he startled the Tories of 1780 are to-day the inspiration of every stump orator or speaker at a town meeting. A young man who has mas- vi EDMUND BURKE tered the productions we have mentioned is really armed against all opponents of free government, as well as against all promoters of unbridled democracy. How it happened that a man of such remarkable pow- ers, who rose so high in the councils of the state, did not reach the highest honour, that of a seat in the Cabinet, has furnished much food for discussion among Burke’s biog- raphers, as well as among those who have commented upon the history of his times. There could hardly bea higher tribute to a man’s greatness than the fact that such an incident in his career should have been the topic of so much speculation. Among all the conflicting theories that have been advanced on the subject, the most prob- able one seems to be, that he did not belong to the gov- erning caste, which was then, as we have said, a small one, and kept all the places of honour and emolument to itself, while accepting very freely the services of those who were content to work for less. The theory that he had vulgar relations may have something in it, but its support is slender and puerile. Burke always suffered, as only in England a man can suffer, from impecuniosity. He had to use even his great powers for the defence of his pension, in an age when pensions were freely lavished on corrupt politicians and unscrupulous legislators. The “Letter to a Noble Lord” is fine, but it is melancholy to reflect, as one reads it, that such a man should have had to write an essay on such a topic. The flaws in Burke’s career are his’ course on the In- dian question and on the French Revolution. With re- gard to India, it had just become, in his time, the posses- sion of a band of English traders whom the fall of the Mogul Empire had converted into conquerors. They made no profession of any higher motives than mercan- tile greed, and the return of their enriched agents to England, as what were called “ Nabobs,” had a visibly unfortunate effect on the conflict that was going on be- tween the king and the friends of free government. EDMUND BURKE Vii | In fact, there was just misrule enough and corruption enough in the growth of the English empire to rouse -Burke’s hatred of oppression and of disorder, which was the strongest passion of his nature, to a boiling-point. He therefore threw himself into the prosecution of War- ren Hastings with a fervour and earnestness the continu- ance of which during a long trial deprived him finally of public interest and support. He is not the first man who has found that this interest and support can hardly be depended on for long contests. In the case of the French Revolution he was face to face with another order of considerations. He wrote a pamphlet on it which convulsed England, and in which, it has been justly said, he all but completely overlooked the wrongs of the wretched peasants which had had so. much to do with bringing it about. The only recent parallels that I can find for the effect of this pamphlet on English opinion are Mr. Gladstone’s pamphlet on the Government of Naples and his speeches on what were called “the Bulgarian Atrocities.” These are the only two writers who have been able to rouse Englishmen to a passionate interest in foreign events. There is little doubt that Burke’s “ Reflections on the Revolution in France” had much to do with precipitating the twenty- years’ war on which Pitt entered, and which so fatally retarded the progress of freedom and reform at home, besides covering the Continent with blood and flame. But the cause of his abhorrence of the French Revolu- tion was substantially the same as that of his abhorrence of the conquests of the East India Company. In both cases he was defending what was old, what was estab- lished, and what had once been great and powerful. In the prosecution of Warren Hastings he had been defend- ing princes and potentates whose origin was lost in the night of time, and whose ancestors had once been strong in war and wise in council. In attacking the French Revolution also, he defended an ancient monarchy, and a viii EDMUND BURKE church and nobility, which, whatever their faults, were almost coeval with Christianity itself. It was the defence of his idol, prescription, which drew from him the superb burst of rhetoric on Windsor Castle. We must not forget, however, in reading modern com- ments on these lapses and short-comings of a great man that we stand very far outside the age and the atmos- phere in which Burke raved and thundered. We have no idea whatever in our day of the effect produced on the men of Burke’s time by the predominance in English society of the “ Nabobs,” or we only get an idea of it from the more recent memory of the effect which the West-Indian planters produced a generation later on those who were agitating the emancipation of the negroes. We can easily imagine also the effect of the French Revo- lution on a world in England in which authority still ‘reigned, in which the constitution in church and state was still an object of adoration, of the news that every- thing sacred and everything venerable in a neighbour- ing state had been suddenly destroyed at the hands of a howling mob. The probable effects of this on the pub- lic mind we can only compare to the effect of the Indian mutiny and the massacre of Cawnpore on a later gener- ation, or of the news of the firing on Fort Sumter on the Northern public in America. We who live in calmer times, with riper experience and with fuller knowledge, find it easy enough to point out the defects of Burke’s argumentation, and to prune his exuberance; but we must remember that every man, even the greatest, not only has the defects of his qualities, but partakes of the passions of his time. On all other topics it is difficult to say too much of Burke’s farsightedness and judicial- mindedness. He was born and brought up an Irishman and a Protestant, in the days when the unhappy Catholics of his country still lived under the Penal Laws, and the only duty the Protestant thought he owed them was hatred. Burke’s devotion to their cause never wavered. EDMUND BURKE | ix His perception of the impolicy as well as the iniquity of their wrongs never ceased to be acute. Though trans- ported to England in early life, and honoured and re- warded, as only few Englishmen are, he did not, as too many Irishmen have done, merge himself in the con- quering race, and, in sharing in their glory, forget his own unhappy country. The subjects of his earlier efforts before his appear- ance in the political arena—the “ Vindication of Natural Society,” directed against Lord Bolingbroke, and the “Inquiry into the Origin of our Ideas of the Sublime and Beautiful ’—are mainly interesting for their style. They belonged to the age of pamphlets on all sorts of subjects, in which men delighted before the age of monthly magazines and newspapers. But his essay on “The Present Discontents” showed that he was very far from being a mere rhetorician, even in his literary begin- nings. His capacity for dealing with dry details, and with the marshalling of statistics, was there fully revealed, and the Tories were made aware that there was no field in which both his pen and his tongue were not to be dreaded. “The Vindication of Natural Society” is an attempt to refute by irony Lord Bolingbroke’s views of religion, and is more of a jeu d’esprit than anything else he wrote; but the essay on the “Origin of our Ideas of the Sublime and Beautiful” is an analysis of the human faculties which create what we call art, and had the good fortune to secure the strong approbation of Lessing. In summing up all that is to be said about Burke’s career as a whole, it may be safely alleged that both his defects and his virtues are to be ascribed, in the last analysis, to his reverence for prescription in the sense of rights derived from immemorial usage. As I said in the beginning of this article, Burke’s respect for human society was very great. For a society which had been long established and successfully carried on it was over- whelming. It was the secret of his detestation of the xX EDMUND BURKE king’s attempt to subject the English colonies to arbitrary rule, as well as of. his horror over the overthrow of the French monarchy. Stare super antiquas vias was the motto of his political philosophy. Had he lived to see the difficulty-the French have had in reconstituting their society after the ancient traditions had been cast aside he would be more than ever confirmed in the belief that in politics whatever is is not exactly right, but has the strongest presumptions in its favour. Toward the end of his life he was seized with the Eng- lishman’s usual desire for a place in the country, and bought a small estate at Beaconsfield, in Buckingham- shire, where he amused himself in his last years with farming and gardening. But those closing years were sadly embittered by the early death of an only son, of whom he had great hopes, but whose abilities, according to the testimony of contemporaries, he greatly overrated. One of the somewhat ridiculous discussions in which his biographers have indulged—one of the usual penalties of | greatness—is how he procured the means of purchasing the Beaconsfield place. This, like the reason why he did not obtain a place in the Cabinet, must now remain for- ever one of the mysteries of his existence. He never re- covered from the death of his son, and died July 9, 1797. © His ‘Letter to a Noble Lord” contains a touching ac- count of the desolation in which it left him. One of the closing scenes in the old man’s life, described by a con- temporary, was his weeping in the paddock over the neck of his son’s favourite horse. EDWIN LAWRENCE GODKIN. Note.—The best edition of Burke’s works is that issued in Boston, Mass., which was perfected by the scholarship and editorial skill of Mr. George Nichols, who detected and corrected thousands of errors in the English editions. The contents of this volume are taken from that edi- tion, by the courtesy of the publishers, Messrs. Little, Brown & Co. FAMOUS AND UNIQUE MANUSCRIPT AND BOOK ILLUSTRATIONS. : A series of fac-similes, showing the development of manuscript and book illustrating during four thousand years. “SIR JOHN MANDEVILLE. Fac-simile oF a soloured wood-engraving from a French edition of the | traveller’s works, printed at Lyons, 1485 .a. p. Yh Gia CONTENTS SPEECHES On American Taxation To the Electors of Bristol Resolutions for Conciliation with the American Colonies On his Parliamentary Conduct. tion : : : Bristol—Declining the Poll . On Warren Hastings . ESSAYS On the Sublime and Beautiful Bristo!—previous to the Elec- Reflections on the Revolution in France A Letter to a noble Lord xi I4I 667 193 351 619 ILLUSTRATIONS ” FACING PAGE EDMUND BURKE . . ; ° . . . Frontispiece Photogravure from the painting by Joshua Reynolds in the National Gallery, London SIR JOHN MANDEVILLE Fac-simile of a coloured wood-engraving from a French edition of the traveller’s works, printed at Lyons, 1485 A. D. THE BOSTON TEA-PARTY Photogravure from a drawing made for this work OLD BRISTOL. Photogravure from a drawing after a print of the eighteenth century THE LAST DAY OF THE MONTAGNARDS ., ‘ Photogravure from a painting by Georges Cain CHARLOTTE CORDAY ., : : ; : ; 5, , Photogravure from a painting by Jules Aviat COVENT GARDEN . i P : : : ; Photogravure from a painting by B. Nebot Xili 146 422 554 658 7 ats ern habe etal? Shea i ad ‘ be fs iy Sea Portis ath, oe ta 2 iy th * [hey gi SP eeOUhS AND ESSAYS ON AMERICAN TAXATION On the toth of April, 1774, Mr. Rose Fuller, member of Parliament for Rye, made the following motion :— “ That an act made in the seventh year of the reign of his present Majesty intituled, ‘ An act for granting certain duties in the British colonies and planta- tions in America; for allowing a drawback of the duties of customs upon the exportation from this kingdom of coffee and cocoa-nuts, of the produce of the said colonies or plantations ; for discontinuing the drawbacks payable on china earthenware exported to America; and for more effectually preventing the clandestine running of goodsin the said colonies and plantations,’ might be read.” The act was read accordingly,and Mr. Fuller then moved,— “That this House will, upon this day sevennight, resolve itself into a com- mittee of the whole House, to take into consideration the duty of three-pence per pound weight upon tea, payable in all his Majesty’s dominions in America, imposed by the said act ; and also the appropriation of the said duty.” On this latter motion a warm and interesting debate arose, in which Mr. Burke spoke as follows : IR,—I agree with the honourable gentleman ! who spoke last, that this subject is not new in this House. Very disagreeably to this House, very unfortunately to this nation, and to the peace and prosperity of this whole empire, no topic has been more familiar to us. For nine long years, session after session, we have been lashed round and round this miserable circle of occasional arguments and temporary expedients. I am sure our heads must turn and our stom- achs nauseate with them. We have had them in every shape ; I I 2 BURKE we have looked at them in every point of view. In- vention is exhausted ; reason is fatigued ; experience has given judgment ; but obstinacy is not yet conquered. The honourable gentleman has made one endeavour more to diversify the form of this disgusting argument. He has thrown out a speech composed almost entirely of challenges. Challenges are serious things; and ashe is a man of prudence as well as resolution, I dare say he has very well weighed those challenges before he delivered them. I had long the happiness to sit at the same side of the House, and to agree with the honourable gentleman on all the American questions. My sentiments, I am sure, are well known to him; and I thought I had been perfectly acquainted with his. Though I find myself mistaken, he will still permit me to use the privilege of an old friendship; he will permit me to apply myself to the House under the sanction of his authority, and on the various grounds he has measured out, to submit to you the poor opinions which I have formed upon a matter of importance enough to demand the fullest consideration I could bestow upon it. He has stated to the House two grounds of deliberation : one narrow and simple, and merely confined to the question on your paper; the other more large and more complicated, —comprehending the whole series of the Parliamentary proceedings with regard to America, their causes, and their consequences. With regard to the latter ground, he states it as useless, and thinks it may be even dangerous, to enter into so extensive a field of inquiry. Yet, to my surprise, he had hardly laid down this restrictive proposition, to which his authority would have given so much weight, when directly, and with the same authority, he condemns it, and declares it absolutely necessary to enter into the most ample histor- ical detail. His zeal has thrown hima little out of his usual accuracy. In this perplexity, what shall we do, Sir, who are willing to submit tothe lawhe gives us? He has reprobated in one part of his speech the rule he had laid down for de- bate in the other, and, after narrowing the ground for all those AMERICAN TAXATION 3 who are to speak after him, he takes an excursion, himself, as unbounded as the subject and the extent of his great abilities. Sir, when I can not obey all his laws, I will do the best I can. Iwill endeavour to obey such of them as have the sanc- tion of his example, and to stick to that rule which, though not consistent with the other, is the most rational. He was certainly in the right, when he took the matter largely. I can not prevailon myself to agree with him in his censure of hisown conduct. It isnot, he will give me leave to say, either useless or dangerous. He asserts, that retrospect is not wise ; and the proper, the only proper, subject of inquiry, is “not how we got into this difficulty, but how we are to get out of it.” In other words, we are, according to him, to consult our invention, and to reject our experience. The mode of deliberation he recommends is diametrically opposite to every rule of reason and every principle of good sense estab- lished amongst mankind. For that sense and that reason I have always understood absolutely to prescribe, whenever we are involved in difficulties from the measures we have pur- sued, that we should take a strict review of those measures, in order to correct our errors, if they should be corrigible,— or at least to avoid adull uniformity in mischief, and the un- pitied calamity of being repeatedly caught in the same snare. Sir, I will freely follow the honourable gentleman in his historical discussion, without the least management for men or measures, further than as they shall seem to me to deserve it. But before I go into that large consideration, because I would omit nothing that can give the House satisfaction, I wish to tread the narrow ground to which alone the honour- able gentleman, in one part of his speech, has so strictly con- fined us. He desires to know, whether, if we were to repeal this tax, agreeably to the proposition of the honourable gentleman who made the motion, the Americans would not take post on this concession, in order to make a new attack on the next body of taxes; and whether they would not call for a repeal 4 BURKE of the duty on wine as loudly as they do now for the repeal of the duty on tea. Sir, I can give no security on this sub- ject. But I will do all that I can, and all that can be fairly demanded. To the experience which the honourable gentle- man reprobates in one instant and reverts to in the next, to that experience, without the least wavering or hesitation on my part, I steadily appeal : and would to God there was no other arbiter to decide on the vote with which the House is to conclude this day ! When Parliament repealed the Stamp Act in the year 1766, I affirm, first, that the Americans did not in conse- quence of this measure call upon you to give up the former Parliamentary revenue which subsisted in that country, or even any one of the articles which compose it. I affirm also, that, when, departing from the maxims of that repeal, you revived the scheme of taxation, and thereby filled the minds of the colonists with new jealousy and all sorts of apprehen- sions, then it was that they quarreled with the old taxes as well as the new; then it was, and not till then, that they questioned all the parts of your legislative power, and by the battery of such questions have shaken the solid structure of this empire to its deepest foundations. Of those two propositions I shall, before I have done, give such convincing, such damning proof, that, however the contrary may be whispered in circles or bawled in news- papers, they never more will dare to raise their voices in this House. I speak with great confidence. I have reason for it. The ministers are with me. They at least are convinced that the repeal of the Stamp Act had not, and that no repeal can have, the consequences which the honourable gentleman who defends their measures is so much alarmed at. To their conduct I refer him for a conclusive answer to his objection. I carry my proof irresistibly into the very body of both Ministry and Parliament: not on any general reason- ing growing out of collateral matter, but on the conduct of the honourable gentleman’s ministerial friends on the new revenue itself. AMERICAN TAXATION 5 The act of 1767, which grants this tea-duty, sets forth in its preamble, that it was expedient to raise a revenue in America for the support of the civil government there, as well as for purposes still more extensive. To this support the act assigns six branches of duties. About two years after this act passed, the ministry, I mean the present ministry, thought it expedient to repeal five of the duties, and to leave (for reasons best known to themselves) only the sixth standing. Suppose any person, at the time of that repeal, had thus ad- dressed the minister: ? “‘ Condemning, as you do, the repeal of the Stamp Act, why do you venture to repeal the duties upon glass, paper, and painters’ colours? Let your pretense for the repeal be what it will, are you not thoroughly con- vinced that your concessions will produce, not satisfaction, but insolence in the Americans, and that the giving up these taxes will necessitate the giving up of all the rest?” This objection was as palpable then as it is now; and it was as good for preserving the five duties as for retaining the sixth. Besides, the minister will recollect that the repeal of the Stamp Act had but just preceded his repeal; and the ill policy of that measure, (had it been so impolitic as it has been represented,) and the mischiefs it produced, were quite recent. Upon the principles, therefore, of the honourable gentleman, upon the principles of the minister himself, the minister has nothing at all to answer. He stands con- demned by himself, and by all his associates old and new, as a destroyer, in the first trust of finance, of the revenues,— and in the first rank of honour, as a betrayer of the dignity of his country. Most men, especially great men, do not always know their well-wishers. I come to rescue that noble lord out of the hands of those he calls his friends and even out of his own. I will do him the justice he is denied at home. He has not been this wicked or imprudent man. He knew that a repeal had no tendency to produce the mischiefs which give so much alarm to hishonourable friend. His work was not bad in its principle, but imperfect in its 6 BURKE execution; and the motion on your paper presses him only to complete a proper plan, which, by some unfortunate and unaccountable error, he had left unfinished. I hope, Sir, the honourable gentleman who spoke last is thoroughly satisfied, and satisfied out of the proceedings of ministry on their own favourite act, that his fears from a repeal are groundless. If he is not, I leave him, and the noble lord who sits by him, to settle the matter as well as they can to- gether ; for, if the repeal of American taxes destroys all our government in America,—he is the man!—and he is the worst of all the repealers, because he is the last. But I hear it rung continually in my ears, now and for- merly,—“ The preamble! what will become of the pre- amble, if you repeal this tax ?””—I am sorry to be compelled so often to expose the calamities and disgraces of Parlia- ment. The preamble of this law, standing as it now stands, has the lie direct given to it by the provisionary part of the act: if that can be called provisionary which makes no pro- vision. I should be afraid to express myself in this manner, especially in the face of such a formidable array of ability as is now drawn up before me, composed of the ancient house- hold troops of that side of the House and the new recruits from this, if the matter were not clear and indisputable. Nothing but truth could give me this firmness; but plain truth and clear evidence can be beat down by no ability. The clerk will be so good as to turn to the act, and to read this favourite preamble. “Whereas it is expedient that a revenue should be raised in your Majesty’s dominions in America, for making a more certain and adequate provision for defraying the charge of the administration of justice and support of civil government in such provinces where it shall be found necessary, and towards further defraying the expenses of defending, pro- tecting, and securing the said dominions.” You have heard this pompous performance. Now where is the revenue which is to do all these mighty things? Five sixths repealed,—abandoned,—sunk,—gone,—lost forever. AMERICAN TAXATION 7 Does the poor solitary tea-duty support the purposes of this preamble? Is not the supply there stated as effectually abandoned as if the tea-duty had perished in the general wreck? Here, Mr. Speaker, is a precious mockery :—a pre- amble without an act,—taxes granted in order to be re- pealed,—and the reasons of the grant still carefully kept up! This is raising a revenue in America! This is preserving dignity in England! If you repeal this tax, in compliance with the motion, I readily admit that you lose this fair pre- amble. Estimate your lossin it. The object of the act is gone already ; and all you suffer is the purging the statute- book of the opprobrium of an empty, absurd, and false recital. It has been said again and again, that the five taxes were repealed on commercial principles. It is so said in the paper in my hand: a paper which I constantly carry about; which I have often used, and shall often use again. What is got by this paltry pretense of commercial principles I know not; for, if your government in America is destroyed by the repeal of taxes, it is of no consequence upon what ideas the repeal is grounded. Repeal this tax, too, upon commercial principles, if you please. These principles will serve as well now as they did formerly. But you know that either your objection to a repeal from these supposed consequences has no validity, or that this pretense never could remove it. This commercial motive never was be- lieved by any man, either in America, which this letter is meant to soothe, or in England, which it is meant to deceive, It was impossible it should: because every man, in the least acquainted with the detail of commerce, must know that several of the articles on which the tax was repealed were fitter objects of duties than almost any other articles that could possibly be chosen,—without comparison more so than the tea that was left taxed, as infinitely less liable to be eluded by:contraband. The tax upon red and white lead was of this nature. You have in this kingdom an advantage in lead that amounts toamonopoly. When you find your- 8 BURKE self in this situation of advantage, you sometimes venture to tax even your own export. You did so soon after the last war, when, upon this principle, you ventured to impose a duty on coals. In all the articles of American contraband trade, who ever heard of the smuggling of red lead and white lead? You might, therefore, well enough, without danger of contraband, and without injury to commerce, (if this were the whole consideration,) have taxed these commodi- ties. The same may be said of glass. Besides, some of the things taxed were so trivial, that the loss of the objects themselves, and their utter annihilation out of American com- merce, would have been comparatively as nothing. But is the article of tea such an object in the trade of England, as not to be felt, or felt but slightly, like white lead, and red lead, and painters’ colours? Tea is an object of far other importance. Tea is perhaps the most important object, taking it with its necessary connections, of any in the mighty circle of our commerce. If commercial principles had been the true motives to the repeal, or had they been at all attended to, tea would have been the last article we should have left taxed for a subject of controversy. Sir, it is not a pleasant consideration, but nothing in the world can read so awful and so instructive a lesson as the conduct of ministry in this business, upon the mischief of not having large and liberal ideas in the management of great affairs. Never have the servants of the state looked at the whole of your complicated interests in one connected view. They have taken things by bits and scraps, some at one time and one pretense, and some at another, just as they pressed, without any sort of regard to their relations or dependencies. They never had any kind of system, right or wrong; but only invented occasionally some miserable tale for the day, in order meanly to sneak out of difficulties into which they had proudly strutted. And they were put to all these shifts and devices, full of meanness and full of mischief, in order to pilfer piecemeal a repeal of an act which they had not the generous courage, when they found and AMERICAN TAXATION 9 felt their error, honourably and fairly to disclaim. By such management, by the irresistible operation of feeble councils, so paltry a sum as three-pence in the eyes of a financier, so insignificant an article as tea in the eyes of a philosopher, have shaken the pillars of a commercial empire that circled the whole globe. Do you forget that in the very last year you stood on the precipice of general bankruptcy? Your danger was indeed great. You were distressed in the affairs of the East India Company; and you well know what sort of things are in- volved in the comprehensive energy of that significant ap- pellation. I am not called upon to enlarge to you on that danger, which you thought proper yourselves to aggravate, and to display to the world with all the parade of indiscreet declamation. The monopoly of the most lucrative trades and the possession of imperial revenues had brought you to the verge of beggary and ruin. Such was your represen- tation; such, in some measure, was your case. The vent of ten millions of pounds of this commodity, now locked up by the operation of an injudicious tax, and rotting in the ware- houses of the Company, would have prevented all this dis- tress, and all that series of desperate measures which you thought yourselves obliged to take in consequence of it. America would have furnished that vent, which no other part of the world can furnish but America, where tea is next to a necessary of life, and where the demand grows upon the supply. I hope our dear-bought East India Committees have done us at least so much good, asto let us know, that, without a more extensive sale of that article, our East India revenues and acquisitions can have no certain connection with this country. It is through the American trade of tea that your East India conquests are to be prevented from crushing you with their burden. They are ponderous indeed; and they must have that great country to lean upon, or they tumble upon your head. It is the same folly that has lost you at once the benefit of the West and of the East. This folly has thrown open folding-doors to 10 BURKE contraband, and will be the means of giving the profits of the trade of your colonies to every nation but yourselves. Never did a people suffer so much for the empty words ofa preamble. It must be given up. For on what principle does it stand? This famous revenue stands, at this hour, on all the debate, as a description of revenue not as yet known in all the comprehensive (but too comprehensive! ) vocabulary of finance,—a preambulary tax. It is, indeed, a tax of sophistry, a tax of pedantry, a tax of disputation, a tax of war and rebellion, a tax for anything but benefit to the imposers or satisfaction to the subject. Well! but whatever it is, gentlemen will force the colonists to take the teas. You willforce them? Has seven years’ struggle been yet able to force them? Oh, but it seems “we are in the right. The tax is trifling,—in effect it is rather an exoneration than an imposition; three fourths of the duty formerly payable on teas exported to America is taken off,—the place of collection is only shifted; instead of the retention of a shilling from the drawback here, it is three-pence custom paid in America.” All this, Sir, is very true. But this is the very folly and mischief of the act. Incredible as it may seem, you know that you have de- liberately thrown away a large duty, which you held secure and quiet in your hands, for the vain hope of getting one three fourths less, through every hazard, through certain litigation, and possibly through war. The manner of proceeding in the duties on paper and glass, imposed by the same act, was exactly in the same spirit. There are heavy excises on those articles, when used in England. On export, these excises are drawn back. But instead of withholding the drawback, which might have been done, with ease, without charge, without possi- bility of smuggling, and instead of applying the money (money already in your hands) according to your pleasure, you began your operations in finance by flinging away your revenue; you allowed the whole drawback on export, and then you charged the duty, (which you had before discharged,) AMERICAN TAXATION at payable in the colonies, where it was certain the collection would devour it to the bone,—if any revenue were ever suf- fered to be collected at all. One spirit pervades and ani- mates the whole mass. Could anything bea subject of more just alarm to America than to see you go out of the plain highroad of finance, and give up your most certain revenues and your clearest in- terest, merely for the sake of insulting your colonies? No man ever doubted that the commodity of tea could bear an imposition of three-pence. But no commodity will bear three-pence, or will bear a penny, when the general feelings of men are irritated, and two millions of people are resolved not to pay. The feelings of the colonies were formerly the feelings of Great Britain. Theirs were formerly the feelings of Mr. Hampden, when called upon for the payment of twenty shillings. Would twenty shillings have ruined Mr. Hampden’s fortune? No! but the payment of half twenty shillings, on the principle it was demanded, would have made him a slave. It is the weight of that preamble, of which you are so fond, and not the weight of the duty, that the Americans are unable and unwilling to bear. It is, then, Sir, upon the principle of this measure, and nothing else, that we are at issue. It is a principle of politi- cal expediency. Your act of 1767 asserts that it is expedient to raise a revenue in America; your act of 1769, which takes away that revenue, contradicts the act of 1767, and, by some- thing much stronger than words, asserts that it is not expe- dient. It isa reflection upon your wisdom to persist in a solemn Parliamentary declaration of the expediency of any object, for which, at the same time, you make no sort of provision. And pray, sir, let not this circumstance escape you,—it is very material,—that the preamble of this act which we wish to repeal is not declaratory of a right, as some gentlemen seem to argue it: itis only a recital of the expediency of a certain exercise of a right supposed already to have been asserted ; an exercise you are now contending for by ways and means which you confess, though they were obeyed, to 12 BURKE be utterly insufficient for their purpose. You are therefore at this moment in the awkward situation of fighting for a phantom,—a quiddity,—a thing that wants, not only a sub- stance, but even a name,—for a thing which is neither ab- stract right nor profitable enjoyment. They tell you, Sir, that your dignity is tied toit. I know not how it happens, but this dignity of yours is a terrible incumbrance to you; for it has of late been ever at war with your interest, your equity, and every idea of your policy. Show the thing you contend for to be reason, show it to be common sense, show it to be the means of attaining some useful end, and then I am content to allow it what dignity you please. But what dignity is derived from the persever- ance in absurdity is more than ever I could discern. The honourable gentleman has said well,—indeed, in most of his general observations I agree with him,—he says, that this subject does not stand as it did formerly. Oh, certainly not! Every hour you continue on this ill-chosen ground, your difficulties thicken on you ; and therefore my conclusion is, remove from a bad position as quickly as you can. The disgrace, and the necessity of yielding, both of them, grow upon you every hour of your delay. But will you repeal the act, says the honourable gentle- man, at this instant, when America is in open resistance to your authority, and that you have just revived your sys- tem of taxation? He thinks he has driven us into a corner. But thus pent up, Iam content to meet him; be- cause I enter the lists supported by my old authority, his new friends, the ministers themselves. The honourable gen- tleman remembers that about five years ago as great disturb- ances as the present prevailed in America on account of the new taxes. The ministers represented these disturbances as treasonable; and this House thought proper, on that representation, to make a famous address for a revival and for a new application of a statute of Henry the Eighth. We besought the king, in that well-considered address, to inquire into treasons, and to bring the supposed traitors from Amer- AMERICAN TAXATION 13 ica to Great Britain for trial. His Majesty was pleased gra- ciously to promise a compliance with our request. All the attempts from this side of the House to resist these vio- lences, and to bring about a repeal, were treated with the ut- most scorn. An apprehension of the very consequences now ~ stated by the honourable gentleman was then given as a rea- son for shutting the door against all hope of such an alter- ation. And so strong was the spirit for supporting the new taxes, that the session concluded with the following remark- able declaration. After stating the vigorous measures which had been pursued, the speech from the throne proceeds :— “You have assured me of your firm support in the prose- cution of them. Nothing, in my opinion, could be more likely to enable the well-disposed among my subjects in that part of the world effectually to discourage and defeat the designs of the factious and seditious than the hearty con- currence of every branch of the legislature in the resolution of maintaining the execution of the laws in every part of my dominions.” After this no man dreamt that a repeal under this ministry could possibly take place. The honourable gentleman knows as well as I, that the idea was utterly exploded by those who sway the House. This speech was made on the ninth day of May, 1769. Five days after this speech, that is, on the thirteenth of the same month, the public circular letter, a part of which I am going to read to you, was written by Lord Hillsborough, Secretary of State forthe Colonies. After re- citing the substance of the king’s speech, he goes on thus :— “TI can take upon me to assure you, notwithstanding insinua- tions to the contrary from men with factious and seditious views, that his Majesty’s present administration have at no time entertained a design to propose to Parliament to lay any further taxes upon America, for the purpose of raising a re- venue; and that it is at present their intention to propose, the next session of Parliament, to take off the duties upon glass, paper, and colours, upon consideration of such duties having been laid contrary to the true principles of commerce. 14 BURKE ‘These have always been, and still are, the sentiments of his Majesty’s present servants, and by which their conduct in respect to America has been governed. And his Majesty relies upon your prudence and fidelity for such an explana- tion of his measures as may tend to remove the prejudices which have been excited by the misrepresentations of those who are enemies to the peace and prosperity of Great Britain and her colonies, and to reéstablish that mutual con- fidence and affection upon which the glory and safety of the British empire depend.” Here, Sir, is a canonical book of ministerial scripture : the general epistle to the Americans. What does the gen- tleman say to it? Here a repeal is promised,—promised without condition,—and while your authority was actually resisted. I pass by the public promise of a peer relative to the repeal of taxes by this House. I pass by the use of the king’s name in a matter of supply, that sacred and reserved right of the Commons. I conceal the ridiculous figure of Parliament hurling its thunders at the gigantic rebellion of America, and then, five days after, prostrate at the feet of those assemblies we affected to despise,—begging them, by the intervention of our ministerial sureties, to receive our submission, and heartily promising amendment. These might have been serious matters formerly; but we are grown wiser than our fathers. Passing, therefore, from the Constitutional consideration to the mere policy, does not this letter imply that the idea of taxing America for the pur- pose of revenue is an abominable project, when the ministry suppose none but factious men, and with seditious views, could charge them with it ? does not this letter adopt and sanc- tify the American distinction of taxing for a revenue? does it not formally reject all future taxation on that principle ? does it not state the ministerial rejection of such principle of taxation, not as the occasional, but the constant opinion of the king’s servants? does it not say, (I care not how con- sistently,) but does it not say, that their conduct with regard to America has been always governed by this policy? It AMERICAN TAXATION 15 goes a great deal further. These excellent and trusty serv- ants of the king, justly fearful lest they themselves should have lost all credit with the world, bring out the image of their gracious sovereign from the inmost and most sacred shrine, and they pawn him as a security for their promises : “ His Majesty relies on your prudence and fidelity for such an explanation of his measures.” These sentiments of the min- ister and these measures of his Majesty can only relate to the principle and practise of taxing fora revenue; and accord- ingly Lord Botetourt, stating it as such, did, with great pro- priety, and in the exact spirit of his instructions, endeavour to remove the fears of the Virginian assembly lest the senti- ments which it seems (unknown to the world) had always been those of the ministers, and by which their conduct in respect to America had been governed, should by some pos- sible revolution, favourable to wicked American taxers, be hereafter counteracted. He addresses them in this manner :-— “It may possibly be objected, that, as his Majesty’s pres- ent administration are not immortal, their successors may be inclined to attempt to undo what the present ministers shall have attempted to perform; and tothat objection I can give but this answer: that it is my firm opinion, that the plan I have stated to you will certainly take place, and that it will never be departed from; and so determined am I forever to abide by it, that I will be content to be declared infamous, if I do not, to the last hour of my life, at all times, in all places, and upon all occasions, exert every power with which I either am or ever shall be legally invested, in order to obtain and maintain for the continent of America that satisfaction which I have been authorized to promise this day by the confiden- tial servants of our gracious sovereign, who to my certain knowledge rates his honour so high that he would rather part with his crown than preserve it by deceit.” 4 A glorious and true character! which (since we suffer his ministers with impunity to answer for his ideas of taxation ) we ought to make it our business to enable his Majesty to preserve in allitsluster. Let him have character, since ours 16 BURKE is no more! Let some part of government be kept in respect ! 3 This epistle was not the letter of Lord Hillsborough solely, though he held the official pen. It was the letter of the noble lord upon the floor,’ and of all the king’s then min- isters, who ( with, I think, the exception of two only ) are his ministers at this hour. Thevery first news that a British Parliament heard of what it was to do with the duties which it had given and granted to the king was by the publication of the votes of American assemblies. It was in America that your resolutions were pre-declared. It was from thence that we knew to a certainty how much exactly, and nota scruple more nor less, we were to repeal. We were unwor- thy to be let into the secret of our own conduct. The assemblies had confidential communications from his Maj- esty’s confidential servants. We were nothing but instru- ments. Do you, after this, wonder that you have no weight and no respect in the colonies? After this are you surprised that Parliament is every day and everywhere losing (I feel it with sorrow, I utter it with reluctance) that reverential af- fection which so endearing a name of authority ought ever to carry with it? that you are obeyed solely from respect to the bayonet? and that this House, the ground and pillar of freedom, is itself held up only by the treacherous under- pinning and clumsy buttresses of arbitrary power ? If this dignity, which isto stand in the place of just policy and common sense, had been consulted, there was a time for preserving it, and for reconciling it with any concession. If in the session of 1768, that session of idle terror and empty menaces, you had, as you were often pressed to do, repealed these taxes, then your strong operations would have come justified and enforced, in case your concessions had been re- turned by outrages. But, preposterously, you began with violence ; and before terrors could have any effect, either good or bad, your ministers immediately begged pardon, and promised that repeal to the obstinate Americans which they had refused in an easy, good-natured, complying British Par- AMERICAN TAXATION 17 liament. The assemblies, which had been publicly and avowedly dissolved for their contumacy, are called together to receive your submission. Your ministerial directors blustered like tragic tyrants here; and then went mumping with a sore leg in America, canting, and whining, and com- plaining of faction, which represented them as friends to a revenue from the colonies. I hope nobody in this House will hereafter have the impudence to defend American taxes inthe name of ministry. The moment they do, with this letter of attorney in my hand, I will tell them, in the au- thorized terms, they are wretches “with factious and se- ditious views,” “ enemies to the peace and prosperity of the mother country and the colonies,’ and subverters ‘‘ of the mutual affection and confidence on which the glory and safety of the British empire depend.” After this letter, the question is no more on propriety or dignity. They are gone already. The faith of your sov- ereign is pledged for the political principle. The general declaration in the letter goes to the whole of it. You must ‘therefore either abandon the scheme of taxing, or you must send the ministers tarred and feathered to America, who dared to hold out the royal faith for a renunciation of all taxes forrevenue. Them you must punish, or this faith you must preserve. The preservation of this faith is of more consequence than the duties on red lead, or white lead, or on broken glass, or atlas-ordinary, or demy-fine, or blue-royal, or bastard, or foolscap, which you have given up, or the three-pence on tea which you retained. The letter went stamped with the public authority of this kingdom. The instructions for the colony government go under no other sanction; and America can not believe, and will not obey you, if you do not preserve this channel of communication sacred. You are now punishing the colonies for acting on distinctions held out by that very ministry which is here shining in riches,in favourand in powerand urging the pun- ishment of the very offense to which they had themselves been the tempters. 2 18 BURKE Sir, if reasons respecting simply your own commerce, which is your own convenience, were the sole grounds of the repeal of the five duties, why does Lord Hillsborough, in disclaiming in the name of the king and ministry their ever having had an intent to tax for revenue, mention it as the means “ of reéstablishing the confidence and affection of the colonies?’’ Is it a way of soothing others, to assure them that you will take good care of yourself? The medium, the only medium, for regaining their affection and confidence is that you willtake off something oppressive to their minds. Sir, the letter strongly enforces that idea: for though the re- peal of the taxes is promised on commercial principles, yet the means of counteracting the “ insinuations of men with fac- tious and seditious views” is by a disclaimer of the intention of taxing for revenue, as a constant, invariable sentiment and rule of conduct in the government of America. I remember that the noble lord on the floor, not in a for- mer debate to be sure, (it would be disorderly to refer to it, I suppose I read it somewhere,) but the noble lord was pleased to say, that he did not conceive how it could enter into the head of man to impose such taxes as those of 1767: I mean those taxes which he voted for imposing, and voted for re- pealing,—as being taxes, contrary to all the principles of commerce, laid on British manufactures. I dare say the noble lord is perfectly well read, because the duty of his particular office requires he should be so, in all our revenue laws, and in the policy which is to be col- lected out of them. Now, Sir, when he had read this act of American revenue, and a little recovered from his aston- ishment, I suppose he made one step retrograde (it is but one) and looked at the act which stands just before in the statute-book. The American revenue act is the forty- fifth chapter; the one to which I refer is the forty-fourth of the same session. These two acts are both to the same purpose: both revenue acts; both taxing out of the king- dom; and both taxing British manufactures exported. As the forty-fifth is an act for raising a revenue in America, the AMERICAN TAXATION 19 forty-fourth is an act for raising a revenue in the Isle of Man. The two acts perfectly agree in all respects, except one. In the act for taxing the Isle of Man the noble lord will find, not, asin the American act, four or five articles, but almost the whole body of British manufactures, taxed from two and ahalf to fifteen per cent, and some articles, such as that of spirits, a great deal higher. You did not think it uncommercial to tax the whole mass of your manu- factures, and, let me add, your agriculture too; for, I now recollect, British corn is there also taxed up to ten per cent, and this too in the very headquarters, the very citadel of smuggling, the Isle of Man. Now will the noble lord con- descend to tell me why he repealed the taxes on your manu- factures sent out to America, and not the taxes on the manufactures exported to the Isle of Man? The principle was exactly the same, the objects charged infinitely more extensive, the duties without comparison higher. Why? Why, notwithstanding all his childish pretexts, because the taxes were quietly submitted to in the Isle of Man, and because they raised a flame in America. Your reasons were political, not commercial. The repeal was made, as Lord Hillsborough’s letter well expresses it, to regain “ the con- fidence and affection of the colonies, on which the glory and safety of the British empire depend.” A wise and just motive, surely, if ever there was such. But the mischief and dishonour, is that you have not done what you had given the colonies just cause to expect, when your ministers disclaimed the idea of taxes for a revenue. There is nothing simple, nothing manly, nothing ingenuous, open, decisive, or steady, in the proceeding, with regard either to the continuance or the repeal of the taxes. The whole has an air of littleness and fraud. The article of tea is slurred over in the circular letter, as it were by accident : nothing is said of a resolution either to keep that tax or to give it up. There is no fair dealing in any part of the transaction. If you mean to follow your true motive and your public faith, give up your tax on tea for raising a revenue, the 20 BURKE principle of which has, in effect, been disclaimed in your name, and which produces you no advantage,—no, not a penny. Or, if you choose to go on with a poor pretense instead of a solid reason, and will still adhere to your cant of commerce, you have ten thousand times more strong commercial reasons for giving up this duty on tea than for abandoning the five others that you have already renounced. The American consumption of teas is annually, I believe, worth 300,000/. at the least farthing. If you urge the American violence as a justification of your perseverance in enforcing this tax, you know that you can never answer this plain question,—Why did you repeal the others given in the same act, whilst the very same violence subsisted r— But you did not find the violence cease upon that conces- sion—No! because the concession was far short of satisfying the principle which Lord Hillsborough had abjured, or even the pretense on which the repeal of the other taxes was announced ; and because, by enabling the East India Com- pany to open a shop for defeating the American resolution not to pay that specific tax, you manifestly showed a han- kering after the principle of the act which you formerly had renounced. Whatever road you take leads to a compliance with this motion. It opens to you at the end of every vista. Your commerce, your policy, your promises, your reasons, your pretenses, your consistency, your inconsistency,—all jointly oblige you to this repeal. But still it sticks in our throats, if we go so far, the Americans will go farther—We do not know that. We ought, from experience, rather to presume the contrary. Do we not know for certain, that the Americans are going on as fast as possible, whilst we refuse to gratify them? Can they do more, or can they do worse, if we yield this point? I think this concession will rather fix a turnpike to prevent their further progress. It is impossible to answer for bodies of men. But I am sure the natural effect of fidelity, clemency, kindness in governors is peace, good-will, order, and esteem, on the part of the governed. I would certainly, AMERICAN TAXATION 21 at least, give these fair principles a fair trial; which, since the making of this act to this hour, they never have had. Sir, the honourable gentleman having spoken what he thought necessary upon the narrow part of the subject, I have given him, I hope, a satisfactory answer. He next presses me, by a variety of direct challenges and oblique reflections, to say something on the historical part. I shall therefore, Sir, open myself fully on that important and delicate subject: not for the sake of telling you a long story, (which, I know, Mr. Speaker, you are not particularly fond of,) but for the sake of the weighty instruction that, I flatter myself, will necessarily result from it. It shall not be longer, if I can help it, than so serious a matter requires. Permit me then, Sir, to lead your attention very far back, —back to the Act of Navigation, the cornerstone of the policy of this country with regard to its colonies. Sir, that policy was, from the beginning, purely commercial ; and the commercial system was wholly restrictive. It was the system ofamonopoly. No trade was let loose from that constraint, but merely to enable the colonists to dispose of what, in the course of your trade, you could not take,—or to enable them to dispose of such articles as we forced upon them, and for which, without some degree of liberty, they could not pay. Henceall your specific and detailed enumerations ; hence the innumerable checks and counterchecks ; hence that infinite variety of paper chains by which you bind together this complicated system of the colonies. This principle of commercial monopoly runs through no less than twenty-nine acts of Parliament, from the year 1660 to the unfortunate period of 1764. In all those acts the system of commerce is established as that from whence alone you proposed to make the colonies contribute (I mean directly and by the operation of your superintending legislative power) to the strength of the empire. I venture to say, that, during that whole period, a Parliamentary revenue from thence was never once in con- templation. Accordingly, in all the number of laws passed 22 BURKE with regard to the plantations, the words which distinguish revenue laws specifically as such were, I think, premeditately avoided, I do not say, Sir, that a form of words alters the nature of the law, or abridges the power of the lawgiver. It certainly does not. However, titles and formal pream- bles are not always idle words; and the lawyers frequently argue from them. I state these facts to show, not what was your right, but what has been your settled policy. Our revenue laws have usually a title, purporting their being grants; and the words “ give and grant” usually precede the enacting parts. Although duties were imposed on America in acts of King Charles the Second, and in acts of King William, no one title of giving “an aid to his Majesty,” or any other of the usual titles to revenue acts, was to be found in any of them till 1764; nor were the words “give and grant”? in any preamble until the sixth of George the Second. However, the title of this act of George the Second, notwithstanding the words of donation, considers it merely as a regulation of trade: ‘‘ An act for the better securing of the trade of his Majesty’s sugar colonies in America.” This act was made on a compromise of all, and at the ex- press desire of a part, of the colonies themselves. It was therefore in some measure with their consent ; and having a title directly purporting only a commercial regulation, and being in truth nothing more, the words were passed by, ata time when no jealousy was entertained, and things were little scrutinized. Even Governor Bernard, in his second printed letter, dated in 1763, gives it as his opinion, that “it was an act of prohibition, not of revenue.” This is certainly true, that no act avowedly for the purpose of revenue, and with the ordinary title and recital taken to- gether, is found in the statute-book until the year I have mentioned: that is, the year 1764. All before this period stood on commercial regulation and restraint. The scheme of a colony revenue by British authority appeared, therefore, to the Americans in the light of a great innovation. The words of Governor Bernard’s ninth letter, written in No- AMERICAN TAXATION 23 vember, 1765, state this idea very strongly. ‘“ It must,” says he, ‘‘have been supposed such an innovation as a Parlia- mentary taxation would cause a great alarm, and meet with much opposition in most parts of America; it was quitenew to the people, and had no visible bounds set to it.” After stating the weakness of government there, he says, “ Was this a time to introduce so great a novelty as a Parliamentary inland taxation in America?” Whatever the right might have been, this mode of using it was absolutely new in policy and practise. Sir, they who are friends to the schemes of American rev- enue say, that the commercial restraint is full as hard a law for America to live under. I think so, too. I think it, if uncompensated, to bea condition of as rigorous servitude as men can be subject to. But America bore it from the fundamental Act of Navigation until1764. Why? Because men do bear the inevitable constitution of their original nature with all its infirmities. The Act of Navigation at- tended the colonies from their infancy, grew with their growth, and strengthened with their strength. They were confirmed in obedience to it even more by usage than by law. They scarcely had remembered a time when they were not subject to such restraint. Besides, they were indemnified for it by a pecuniary compensation. Their monopolist happened to be one of the richest men in the world. By his immense capital (primarily employed, not for their benefit, but his own) they were enabled to proceed with their fisheries, their agriculture, their shipbuilding, (and their trade, too, within the limits, ) in such a manner as got far the start of the slow, languid operations of unassisted Nature. This capital was a hot-bed to them. Nothing in the history of mankind is like their progress. For my part, I never cast an eye on their flourishing commerce, and their cultivated and commodious life, but they seem to me rather ancient nations grown to perfection through a long series of fortunate events, and a train of successful industry, ac- cumulating wealth in many centuries, than the colonies of 24 BURKE yesterday,—than a set of miserable outcasts a few years ago, not so much sent as thrown out on the bleak and barren shore of a desolate wilderness three thousand miles from all civilized intercourse. All this was done by England whilst England pursued trade and forgot revenue. You not only acquired commerce, but you actually created the very objects of trade in America; and by that creation you raised the trade of this kingdom at least four-fold. America had the compensation of your capital, which made her bear her servitude. She had another compensation, which you are now going to take away from her. She had, except the commercial restraint, every characteristic mark of a free people in all her internal con- cerns. She had the image of the British Constitution. She had the substance. She was taxed by her own representa- tives. She chose most of her own magistrates. She paid them all. She had in effect the sole disposal of her own internal government. This whole state of commercial servitude and civil liberty, taken together, is certainly not perfect freedom; but comparing it with the ordinary circumstances of human nature, it was an happy and a liberal condition. I know, Sir, that great and not unsuccessful pains have been taken to inflame our minds by an outcry, in this House, and out of it, that in America the Act of Navigation neither is or never was obeyed. But if you take the colonies through, I affirm that its authority never was disputed,— that it was nowhere disputed for any length of time,—and, on the whole, that it-was well observed. Wherever the act pressed hard, many individuals, indeed, evaded it. This is nothing. These scattered individuals never denied the law, and never obeyed it. Just as it happens, whenever the laws of trade, whenever the laws of revenue, press hard upon the people in England: in that case all your shores are full of contraband. Your right to give a monopoly to the East India Company, your right to lay immense duties on French brandy, are not disputed in England. You do not make AMERICAN TAXATION 25 this charge on any man. But you know that there is not a creek from Pentland Frith to the Isle of Wight in which they do not smuggle immense quantities of teas, East India goods, and brandies. I takeit for granted that the authority of Governor Bernard in this point is indisputable. Speak- ing of these laws, as they regarded that part of America now in so unhappy a condition, he says, “1 believe they are nowhere better supported than in this province: I do not pretend that itis entirely free from a breach of these laws, but that such a breach, if discovered, is justly punished.” What more can you say of the obedience to any laws in any country? An obedience to these laws formed the ac- knowledgment, instituted by yourselves, for your superior- ity, and was the payment you originally imposed for your protection. Whether you were right or wrong in establishing the colo- nies on the principles of commercial monopoly, rather than on that of revenue, is at this day a problem of mere speculation, You can not have both by the same authority. To join to- gether the restraints of an universal internal and external monopoly with an universal internal and external taxation is an unnatural union,—perfect, uncompensated slavery. You have long since decided for yourself and them; and you and they have prospered exceedingly under that decision. This nation, Sir, never thought of departing from that choice until the period immediately on the close of the last war. Then ascheme of government, new in many things, seemed to have been adopted. I saw, or thought I saw, several symptoms of a great change, whilst I sat in your gallery, a good while before I had the honour of aseat in this House. At that period the necessity was established of keeping up no less than twenty new regiments, with twenty colonels capable of seats in this House. This scheme was adopted with very general applause from all sides, at the very time that, by your conquests in America, your danger from foreign attempts in that part of the world was much 26 BURKE lessened, or indeed rather quite over. When this huge in- crease of military establishment was resolved on, a revenue was to be found to support so great a burden. Country gentlemen, the great patrons of economy, and the great resisters of a standing armed force, would not have entered with much alacrity into the vote for so large and so expensive an army, if they had been very sure that they were to con- tinue to pay for it. But hopes of another kind were held out to them; and in particular, I well remember that Mr. Townshend, in a brilliant harangue on this subject, did dazzle them by playing before their eyes the image ofa revenue to be raised in America. Here began to dawn the first glimmerings of this new colony system. It appeared more distinctly afterwards, when it was devolved upon a person to whom, on other accounts, this country owes very great obligations. I do believe that he had a very serious desire to benefit the pub- lic. But with no small study of the detail, he did not seem to have his view, at least equally, carried to the total circuit of our affairs. He generally considered his objects in lights that were rather too detached. Whether the business of an American revenue was imposed upon him altogether,— whether it was entirely the result of his own speculation, or, what is more probable, that his own ideas rather coincided with the instructions he had received,—certain it is, that, with the best intentions in the world, he first brought this fatal scheme into form, and established it by Act of Parliament. No man can believe, that, at this time of day, 1 mean to lean on the venerable memory of a great man, whose loss we deplore in common. Our little party differences have been long ago composed: and I have acted more with him, and cer- tainly with more pleasure with him, than ever I acted against him. Undoubtedly Mr. Grenville was a first-rate figure in this country. With a masculine understanding, and a stout and resolute heart, he had an application undissipated and un- wearied. He took public business not as a duty which he was to fulfil, but as a pleasure he was to enjoy; and he AMERICAN TAXATION 27 seemed to have no delight out of this House, except in such things as some way related to the business that was to be done within it. If he was ambitious, I will say this for him, his ambition was of anoble and generous strain. It was to raise himself, not by the low, pimping politics of a court, but to win his way to power through the laborious gradations of public service, and to secure himself a well-earned rank in Parliament by a thorough knowledge of its constitution and a perfect practise in all its business. Sir, if such a man fell into errors, it must be from defects not intrinsical; they must be rather sought in the particular habits of his life, which, though they do not alter the ground- work of character, yet tinge it with their own hue. He was bred in a profession. He was bred to the law, which is, in my opinion, one of the first and noblest of human sciences,— a science which does more to quicken and invigorate the understanding than all the other kinds of learning put to- gether ; but it is not apt, except in persons very happily born, to open and to liberalize the mind exactly in the same propor- tion. Passing from that study, he did not go very largely into the world, but plunged into business,—I mean into the business of office, and the limited and fixed methods and forms established there. Much knowledge is to be had, un- doubtedly, in that line; and there is no knowledge which is not valuable. But it may be truly said, that men too much conversant in office are rarely minds of remarkable enlarge- ment. Their habits of office are apt to give them a turn to think the substance of business not to be much more impor- tant than the forms in which it is conducted. These forms are adapted to ordinary occasions; and therefore persons who are nurtured in office do admirably well as long as _ things go on in their common order; but when the high- roads are broken up, and the waters out, when a new and troubled scene is opened; and the file affords no precedent, then it is that a greater knowledge of mankind, and a far more extensive comprehension of things is requisite, than ever office gave, or than office can ever give. Mr. Grenville 28 BURKE thought better of the wisdom and power of human legisla- tion than in truth it deserves. He conceived, and many conceived along with him, that the flourishing trade of this country was greatly owing to law and institution, and not quite so much to liberty; for but too many are apt to believe regulation to be commerce, and taxes to be revenue. Among regulations, that which stood first in reputation was his idol: I mean the Act of Navigation. He has often pro- fessed it to be so. The policy of that act is, I readily admit, in many respects well understood. But I do say, that, if the act be suffered to run the full length of its principle, and is not changed and modified according to the change of times and the fluctuation of circumstances, it must do great mis- chief, and frequently even defeat its own purpose. After the war, and in the last years of it, the trade of America had increased far beyond the speculations of the most sanguine imaginations. It swelled out on every side. It filled all its proper channels to the brim. It overflowed with a rich redundance, and breaking its banks on the right and on the left, it spread out upon some places where it was indeed improper, upon others where it was only irregular. It is the nature of all greatness not to be exact ; and great trade will always be attended with considerable abuses. The contraband will always keep pace in some measure with the fair trade. It should stand as a fundamental maxim, that no vulgar precaution ought to be employed in the cure of evils which are closely connected with the cause of our prosperity. Perhaps this great person turned his eyes some- what less than was just towards the incredible increase of the fair trade, and looked with something of too exquisite a jealousy towards the contraband. He certainly felt a sin- gular degree of anxiety on the subject, and even began to act from that passion earlier than is commonly imagined. For whilst he was First Lord of the Admiralty, though not strictly called upon in his official line, he presented a very strong memorial to the Lords of the Treasury, (my Lord Bute was then at the head of the board,) heavily complain- AMERICAN TAXATION 29 ing of the growth of the illicit commerce in America. Some mischief happened even at that time from this over- earnest zeal. Much greater happened afterwards, when it operated with greater power in the highest department of the finances. The bonds of the Act of Navigation were straitened so much that America was on the point of having no trade, either contraband or legitimate. They found, under the construction and execution then used, the act no longer tying, but actually strangling them. All this coming with new enumerations of commodities, with regulations which in a manner put a stop to the mutual coasting inter- course of the colonies, with the appointment of courts of admiralty under various improper circumstances, with a sudden extinction of the paper currencies, with a compulsory provision for the quartering of soldiers——the people of America thought themselves proceeded against as delin- quents, or, at best, as people under suspicion of delinquency, and in such a manner as they imagined their recent services in the war did not-at all merit. Any of these innumerable regulations, perhaps, would not have alarmed alone; some might be thought reasonable; the multitude struck them with terror. | But the grand maneuver in that business of new regula- ting the colonies was the fifteenth act of the fourth of George the Third, which, besides containing several of the matters to which I have just alluded, opened a new principle. And here properly began the second period of the policy of this country with regard to the colonies, by which the scheme of a regular plantation Parliamentary revenue was adopted in theory and settled in practise: a revenue not substituted in the place of, but superadded to, a monopoly; which mon- opoly was enforced at the same time with additional strict- ness, and the execution put into military hands, This act, Sir, had for the first time the title of “ granting duties in the colonies and plantations of America,” and for the first time it was asserted in the preamble “that it was just and necessary that a revenue should be raised there’”’; 30 BURKE then came the technical words of “giving and granting.” And thus a complete American revenue act was made in all the forms, and with a full avowal of the right, equity, policy, and even necessity, of taxing the colonies, without any formal consent of theirs. There are contained also in the preamble to that act these very remarkable words,—the Commons, etc., “ being desirous to make some provision in the present session of Parliament towards raising the said revenue.” By these words it appeared to the colonies that this act was but a beginning of sorrows,—that every session was to produce something of the same kind,—that we were to go on, from day to day, in charging them with such taxes as we pleased, for such a military force as we should think proper. Had this plan been pursued, it was evident that the provincial assemblies, in which the Americans felt all their portion of importance, and beheld their sole image of freedom, were ipso facto annihilated. This ill prospect before them seemed to be boundless in extent and endless in duration. Sir, they were not mistaken. The ministry valued themselves when this act passed, and when they gave notice of the Stamp Act, that both of the duties came very short of their ideas of American taxation. Great was the applause of this measure here. In England we cried out for new taxes on America, whilst they cried out that they were nearly crushed with those which the war and their own grants had brought upon them. Sir, it has been said in the debate, that, when the first American revenue act (the act in 1764, imposing the port- duties) passed, the Americans did not object to the principle. It is true they touched it but very tenderly. It was nota direct attack. They were, it is true, as yet novices,—as yet unaccustomed to direct attacks upon any of the rights of Parliament. The duties were port-duties, like those they had been accustomed to bear,—with this difference, that the title was not the same, the preamble not the same, and the spirit altogether unlike. But of what service is this obser- vation to the cause of those that make it? It is a full AMERICAN TAXATION 31 refutation of the pretense for their present cruelty to America ; for it shows, out of their own mouths, that our colonies were backward to enter into the present vexatious and ruinous controversy. There is also another circulation abroad, (spread with a malignant intention, which I can not attribute to those who say the same thing in this House,) that Mr. Grenville gave the colony agents an option for their assemblies to tax them- selves, which they had refused. I find that much stress is laid on this, as a fact. However, it happens neither to be true nor possible. I will observe, first, that Mr. Grenville never thought fit to make this apology for himself in the in- numerable debates that were had upon the subject. He might have proposed to the colony agents, that they should agree in some mode of taxation as the ground of an act of Parliament. But he never could have proposed that they should tax themselves on requisition, which is the assertion of the day. Indeed, Mr. Grenville well knew that the colony agents could have no general powers to consent to it; and they had no time to consult their assemblies for particular powers, before he passed his first revenue act. If you compare dates, you will find it impossible. Burdened as the agents knew the colonies were at that time, they could not give the least hope of such grants. His own favourite governor was of opinion that the Americans were not then taxable objects. “ Nor was the time less favourable to the equity of such a taxation. I don’t mean to dispute the reasonableness of America contributing to the charges of Great Britain, when she is able; nor, I believe, would the Americans themselves have disputed it at a proper time and season. But it should be considered, that the American governments themselves have, in the prosecution of the late war, contracted very large debts, which it will take some years to pay off, and in the mean time occasion very burdensome taxes for that pur- pose only. Forinstance, this government, which is as much beforehand as any, raises every year, 37,500/, sterling for 32 BURKE sinking their debt, and must continue it for four years longer at least before it will be clear,” These are the words of Governor Bernard’s letter to a mem- ber of the old ministry, and which he has since printed. Mr. Grenville could not have made this proposition to the agents for another reason. He was of opinion, which he has declared in this House an hundred times, that the colonies could not legally grant any revenue to the crown, and that infinite mischiefs would be the consequence of such a power. When Mr. Grenville had passed the first revenue act, and in the same session had made this House come to a resolution for laying a stamp-duty on America, between that time and the passing the Stamp Act into a law he told a considerable and most respectable merchant, a member of this House, whom I am truly sorry I do not now see in his place, when he represented against this proceeding, that, if the stamp-duty was disliked, he was willing to exchange it for any other equally productive,—but that, if he objected to the Americans being taxed by Parliament, he might save himself the trouble of the discussion, as he was determined on the measure. This is the fact, and, if you please, I will mention a very unquestionable authority for it. Thus, Sir, ] have disposed of this falsehood. But false- hood has a perennial spring. It is said that no conjecture could be made of the dislike of the colonies to the principle. This is as untrue as the other. After the resolution of the House, and before the passing of the Stamp Act, the colonies of Massachusetts Bay and New York did send remonstrances objecting tothis mode of Parliamentary taxation. What was the consequence? They were suppressed, they were put under the table, notwithstanding an order of Council to the contrary,by the ministry which composed the very Council that had made the order ; and thus the House proceeded to its busi- ness of taxing without the least regular knowlege of the objections which were made to it. But to give that House its due, it was not over-desirous to receive information or to hear remonstrance. On the 15th of February, 1765, AMERICAN TAXATION 33 whilst the Stamp Act was under deliberation they refused with scorn even so much as to receive four petitions pre- sented from so respectable colonies as Connecticut, Rhode Island, Virginia, and Carolina, besides one from the traders of Jamaica. As to the colonies, they had no alternative left to them but to disobey, or to pay the taxes imposed by that Parliament, which was not suffered, or did not suffer itself, even to hear them remonstrate upon the subject. This was the state of the colonies before his Majesty thought fit to change his ministers. It stands upon no authority of mine. It is proved by uncontrovertible records, The honourable gentleman has desired some of us to lay our hands upon our hearts and answer to his queries upon the historical part of this consideration, and by his manner (as well as my eyes could discern it) he seemed to address him- self to me. Sir, I will answer him as clearly as I am able, and with great openness: I have nothing to conceal. In the year sixty-five, being in a very private station, far enough from any line of business, and not having the honour of a seat in this House, it was my fortune, unknowing and unknown to the then ministry, by the intervention of a common friend, to become connected with a very noble person, and at the head of the Treasury Department. It was, indeed, in a situation of little rank and no consequence, suitable to the mediocrity of my talents and pretensions,—but a situation near enough to enable me to see, as well as others, what was going on; and I did see in that noble person such sound principles, such an enlargement of mind, such clear and sagacious sense, and such unshaken fortitude, as have bound me, as well as others much better than me, by an inviolable attachment to him from that time forward. | Sir, Lord Rockingham very early in that summer received a strong representation from many weighty English merchants and manufacturers, from governors of provinces and commanders of men-of-war, against almost the whole of the American commercial regulations,—and particularly with regard to the 3 34 BURKE total ruin which was threatened to the Spanish trade. I believe, Sir, the noble lord soon saw his way in this business. But he did not rashly determine against acts which it might be supposed were the result of much deliberation. How- ever, Sir, he scarcely began to open the ground, when the whole veteran body of office took the alarm. A violent out- cry of all (except those who knew and felt the mischief) was raised against any alteration. On one hand, his attempt was a direct violation of treaties and public law; on the other, the Act of Navigation and all the corps of trade-laws were drawn up in array against it. The first step the noble lord took was, to have the opinion of his excellent, learned, and ever-lamented friend, the late Mr. Yorke, then Attorney-General, on the point of law. When he knew that formally and officially which in sub- stance he had known before, he immediately despatched orders to redress the grievance. But I will say it for the then minister, he is of that constitution of mind, that I know he would have issued, on the same critical occasion, the very same orders, if the acts of trade had been, as they were not, directly against him and would have cheerfully submitted to the equity of Parliament for his indemnity. On the conclusion of this business of the Spanish trade, the news of the troubles on account of the Stamp Act arrived in England. It was not until the end of October that these accounts were received. Nosooner had the sound of that mighty tempest reached us in England, than the whole of the then opposition, instead of feeling humbled by the unhappy issue of their measures, seemed to be infinitely elated, and cried out, that the ministry, from envy to the glory of their predecessors, were prepared to repeal the Stamp Act. Near nine yearsafter, the honourable gentleman takes quite opposite ground, and now challenges me to put my hand to my heart and say whether the ministry had re- solved on the repeal till a considerable time after the meet- ing of Parliament. Though I do not very well know what thehonourablegentleman wishes to infer from the admission AMERICAN TAXATION 35 or from the denial of this fact on which he so earnestly ad- jures me, I do put my hand on my heart and assure him that they did not come to a resolution directly to repeal. They weighed this matter as its difficulty and importance required. They considered maturely among themselves. They consulted with all who could give advice or informa- tion. It was not determined until a little before the meet- ing of Parliament; but it was determined, and the main lines of their own plan marked out, before that meeting. Two questions arose. I hope I am not going into a narrative troublesome to the House. [A cry of ‘‘Go on, go on!”’] The first of the two considerations was, whether the re- peal should be total, or whether only partial,—taking out everything burdensome and productive, and reserving only an empty acknowledgment, such as a stamp on cards or dice. The other question was, on what principle the act should be repealed. On this head also two principles were started. One, that the legislative rights of this country with regard to America were not entire, but had certain restric- tionsand limitations. The other principle was, that taxes of this kind were contrary to the fundamental principles of commerce on which the colonies were founded, and contrary to every idea of political equity,—by which equity we are bound as much as possible to extend the spirit and benefit of the British Constitution to every part of the British do- minions. The option, both of the measure and of the princi- ple of repeal, was made before the session; and I wonder how any one can read the king’s speech at the opening of that session, without seeing in that speech both the repeal and the Declaratory Act very sufficiently crayoned out. Those who can not see this can see nothing. Surely the honourable gentleman will not think that a great deal less time than was then employed ought to have been spent in deliberation, when he considers that the news of the troubles did not arrive till towards the end of October. The Parliament sat to fill the vacancies on the 14th day of December, and on business the 14th of the following January. 36 BURKE Sir, a partial repeal, or, as the bon-ton of the court then was, a modification, would have satisfied a timid, unsystem- atic, procrastinating ministry, as such a measure has since done sucha ministry. A modification is the constant re- source of weak, undeciding minds. To repeal by a denial of our right to tax in the preamble (and this, too, did not want advisers) would have cut, in the heroic style, the Gordian knot with a sword. Either measure would have cost no more than a day’s debate. But when the total repeal was adopted, and adopted on principles of policy, of equity, and of commerce, this plan made it necessary to enter into many and difficult measures. It became necessary to open a very large field of evidence commensurate to these extensive views. But thenthislabour did knights’ service. It opened the eyes of several to the true state of the American affairs ; it enlarged their ideas ; it removed prejudices; and it con- ciliated the opinions and affections of men. The noble lord who then took the lead in administration, my honourable friend ® under me, and a right honourable gentleman’ (if he will not reject his share, and it was a large one, of this busi- ness) exerted the most laudable industry in bringing before you the fullest, most impartial, and least garbled body of evidence that ever was produced to this House. I think the inquiry lasted in the committee for six weeks; and at its conclusion, this House, by an independent, noble, spirited, and unexpected majority, by a majority that will redeem all the acts ever done by majorities in Parliament, in the teeth of all the old mercenary Swiss of state, in despite of all the speculators and augurs of political events, in defiance of the whole embattled legion of veteran pensioners and practised instruments of a court, gave a total repeal to the Stamp Act, and (if it had been so permitted) a lasting peace to this whole empire. I state, Sir, these particulars, because this act of spirit and fortitude has lately been, in the circulation of the season, and in some hazarded declamations in this House, attributed to: timidity. If, Sir, the conduct of ministry, in proposing AMERICAN TAXATION 37 the repeal, had arisen from timidity with regard to them- selves, it would have been greatly to be condemned. _Inter- ested timidity disgraces as much in the cabinet as personal timidity does in the field. But timidity with regard to the well-being of our country is heroic virtue. The noble lord who then conducted affairs, and his worthy colleagues, whilst they trembled at the prospect of such distresses as you have since brought upon yourselves, were not afraid steadily to look in the face that glaring and dazzling influence at which the eyes of eagles have blenched. He looked in the face one of the ablest, and, let me say, not the most scrupulous oppositions, that perhaps ever was in this House; and with- stood it, unaided by even one of the usual supports of ad-. ministration. He did this, when he repealed the Stamp Act. He looked in the face a person he had long respected and regarded, and whose aid was then particularly wanting : I mean Lord Chatham. He did this when he passed the Declaratory Act. It is now given out, for the usual purposes, by the usual emissaries, that Lord Rockingham did not consent to the repeal of this act until he was bullied into it by Lord Chat- ham; and the reporters have gone so far as publicly to assert, in an hundred companies, that the honourable gentle- man under the gallery,’ who proposed the repeal in the American committee, had another set of resolutions in his pocket, directly the reverse of those he moved. These arti- fices of a desperate cause are at this time spread abroad with incredible care, in every part of the town, from the highest to the lowest companies; as if the industry of the circulation were to make amends for the absurdity of the report. Sir, whether the noble lord is of a complexion to be bul- lied by Lord Chatham, or by any man, I must submit to those who know him. I confess, when I look back to that time, I consider him as placed in one of the most trying situations in which, perhaps, any man ever stood. In the House of Peers there were very few of the ministry, out of 38 BURKE the noble lord’s own particular connection, (except Lord Eg- mont, who acted, as far as I could discern, an honourable and manly part,) that did not look to some other future arrange- ment, which warped his politics. There were in both Houses new and menacing appearances, that might very naturally drive any other than a most resolute minister from his meas- ure or from his station. The household troops openly re- volted. The allies of ministry (those, I mean, who sup- ported some of their measures, but refused responsibility for any) endeavoured to undermine their credit, and to take ground that must be fatal to the success of the very cause which they would be thought to countenance. The ques- tion of the repeal was brought on by ministry in the com- mittee of this House in the very instant when it was known that more than one court negotiation was carrying on with the heads of the opposition. Everything, upon every side, was full of traps and mines. Earth below shook; heaven above menaced; all the elements of ministerial safety were dissolved. It was in the midst of this chaos of plots and counterplots, it was in the midst of this complicated war- fare against public opposition and private treachery, that the firmness of that noble person was put to the proof. He never stirred from his ground: no, not an inch. He re- mained fixed and determined, in principle, in measure, and in conduct. He practised no managements. Hesecured no retreat. He sought no apology. I will likewise do justice—I ought to do it—to the honour- able gentleman who led us in this House.® Far from the duplicity wickedly charged on him, he acted his part with alacrity and resolution. We all felt inspired by the example he gave us, down even to myself, the weakest in that pha- lanx. I declare for one, I knew well enough (it could not be concealed from anybody) the true state of things; but, in my life, I never came with so much spirits into this House. It was a time for a man to act in. We had powerful enemies; but we had faithful and determined friends, and a glorious cause. We had a great battle to fight ; but we AMERICAN TAXATION 39 had the means of fighting: not as now, when our arms are tied behind us. We did fight that day, and con- quer. , | I remember, Sir, with a melancholy pleasure, the situation of the honourable gentleman? who made the motion for the repeal: in that crisis, when the whole trading interest of this empire, crammed into your lobbies, with a trembling and anxious expectation, waited, almost to a winter’s return of light, their fate from your resolutions. When at length you had determined in their favour, and your doors thrown open showed them the figure of their deliverer in the well-earned triumph of his important victory, from the whole of that grave multitude there arose an involuntary burst of gratitude and transport. They jumped upon him like children on a long absent father. They clung about him as captives about their redeemer. All England, all America, joined in his ap- plause. Nor did he seem insensible to the best of all earthly rewards, the love and admiration of his fellow-citizens. Hope elevated and joy brightened his crest. I stood near him; and his face, to use the expression of the Scripture of the first martyr, “his face was as if it had been the face of an angel.” I do not know how others feel; but if I had stood in that situation, I never would have exchanged it for all that kings in their profusion could bestow. I did hope that that day’s danger and honour would have been a bond to hold us all together forever. But, alas! that, with other pleasing visions, is long since vanished. Sir, this act of supreme magnanimity has been represented as if it had been a measure of an administration that, having no scheme of their own, took a middle line, pilfered a bit from one side and a bit from the other. Sir, they took no middle lines. They differed fundamentally from the schemes of both parties; but they preserved the objects of both. They preserved the authority of Great Britain; they pre- served the equity of Great Britain. They made the Declar- atory Act; they repealed the Stamp Act. They did both fully: because the Declaratory Act was without qualifica- 40 BURKE tion; and the repeal of the Stamp Act total. This they did in the situation I have described. Now, Sir, what will the adversary say to both these acts? If the principle of the Declaratory Act was not good, the principle we are contending for this day is monstrous. If the principle of the repeal was not good, why are we not at war fora real, substantial, effective revenue? If both were bad, why has this ministry incurred all the inconveniences of both and of all schemes ? why have they enacted, repealed, enforced, yielded, and now attempt to enforce again ? Sir, I think I may as well now as at any other time speak to a certain matter of fact not wholly unrelated to the ques- tion under your consideration. We, who would persuade you to revert to the ancient policy of this kingdom, labour under the effect of this short current phrase, which the court leaders have given out to all their corps, in order to take away the credit of those who would prevent you from that frantic war you are going to wage upon your colonies. Their cant is this: “ All the disturbances in America have been created by the repeal of the Stamp Act.” I suppress for a moment my indignation at the falsehood, baseness, and absurdity of this most audacious assertion. Instead of re- marking on the motives and character of those who have issued it for circulation, I will clearly lay before you the state of America, antecedently to that repeal, after the repeal, and since the renewal of the schemes of American taxation. It is said, that the disturbances, if there were any before the repeal, were slight, and without difficulty or inconven- ience might have been suppressed. For an answer to this assertion I will send you to the great author and patron of the Stamp Act, who, certainly meaning well to the author- ity of this country, and fully apprised of the state of that, made, before a repeal was so much as agitated in this House, the motion which is on your journals, and which, to save the clerk the trouble of turning to it, I will now read to you. It was for an amendment to the address of the 17th of De- cember, 1765. AMERICAN TAXATION 4!I ‘“To express our just resentment and indignation at the outrageous tumults and insurrections which have been ex- cited and carried on in North America, and at the resistance given, by open and rebellious force, to the execution of the laws in that part of his Majesty’s dominions; to assure his Majesty, that his faithful Commons, animated with the warmest duty and attachment to his royal person and gov- ernment, . . . will firmly and effectually support his Majesty in all such measures as shall be necessary for preserving and securing the legal dependence of the colonies upon this their mother country,” etc., etc. Here was certainly a disturbance preceding the repeal,— such a disturbance as Mr. Grenville thought necessary to qualify by the name of an insurrection, and the epithet of a rebellious force: terms much stronger than any by which those who then supported his motion have ever since thought proper to distinguish the subsequent disturbances in Amer- ica. They were disturbances which seemed to him and his friends to justify as strong a promise of support as hath been usual to give in the beginning of a war with the most powerful and declared enemies. When the accounts of the American governors came before the House, they appeared stronger even than the warmth of public imagination had painted them : so much stronger, that the papers on your table bear me out in saying that all the late disturbances, which have been at one time the minister’s motives forthe repeal of five out of six of the new court taxes, and are now his pre- tenses for refusing to repeal that sixth, did not amount—why do I compare them ?—no, not to a tenth part of the tumults and violence which prevailed long before the repeal of that act. Ministry can not refuse the authority of the commander- in-chief, General Gage, who, in his letter of the 4th of No- vember, from New York, thus represents the state of things :— “Tt is difficult to say, from the highest to the lowest, who has not been accessory to this insurrection, either by writ- ing, or mutual agreements to oppose the act, by what they 42 BURKE are pleased to term all legal opposition to it.. Nothing effect- ual has been proposed, either to prevent or quell the tu- mult. The rest of the provinces are in the same situation, as to a positive refusal to take the stamps, and threatening those who shall take them to plunder and murder them; and this affair stands in all the provinces, that, unless the act from its own nature enforce itself, nothing but a very considerable military force can do it.” It is remarkable, Sir, that the persons who formerly trum- peted forth the most loudly the violent resolutions of assemblies, the universal insurrections, the seizing and burn- ing the stamped papers, the forcing stamp officers to resign their commissions under the gallows, the rifling and pulling down of the houses of magistrates, and the expulsion from their country of all who dared to write or speak a single word in defense of the powers of Parliament,—these very trumpet- ers are now the men that represent the whole asa mere trifle, and choose to date all the disturbances from the repeal of the Stamp Act, which put an end to them. Hear your officers abroad, and let them refute this shameless falsehood, who, in all their correspondence, state the disturbances as owing to their true causes, the discontent of the people from the taxes. You have this evidence in your own archives; and it will give you complete satisfaction, if you are not so far lost to all Parliamentary ideas of information as rather to credit the lie of the day than the records of your own House. Sir, this vermin of court reporters, when they are forced into day upon one point, are sure to burrow in another: but they shall have no refuge; I will make them bolt out of all their holes. Conscious that they must be baffled, when they attribute a precedent disturbance to a subsequent measure, they take other ground, almost as absurd, but very common in modern practice, and very wicked ; which is, to attribute the ill effect of ill-judged conduct to the arguments which had been used to dissuade us from it. They say, that the opposition made in Parliament to the Stamp Act, at the AMERICAN TAXATION 43 time of its passing, encouraged the Americans to their resis- tance. This has even formally appeared in print in a regu- lar volume from an advocate of that faction,—a Dr. Tucker. This Dr. Tucker is already a dean,and his earnest labours in this vineyard will,I suppose,raise him to a bishopric. But this asser- tion, too, just like the rest, is false. In all the papers which have loaded your table, in all the vast crowd of verbal wit- nesses that appeared at your bar, witnesses which were indis- criminately produced from both sides of the House, not the least hint of such a cause of disturbance has ever appeared. As to the fact of a strenuous opposition to the Stamp Act, I sat as a stranger in your gallery when the act was under con- sideration. Far from anything inflammatory, I never heard a more languid debate in this House. Nomore than two or three gentlemen, as I remember, spoke against the act, and that with great reserve and remarkable temper. There was but one division in the whole progress of the bill; and the minority did not reach to more than 39 or 40. Inthe House of Lords I do not recollect that there was any debate or division at all. I am sure there was no protest. In fact, the affair passed with so very, very little noise, that in town they scarcely knew the nature of what you were doing. The opposition to the bill in England never could have done this mischief, because there scarcely ever was less of opposi- tion to a bill of consequence. Sir, the agents and distributors of falsehoods have, with their usual industry, circulated another lie, of the same nature with the former. It is this: that the disturbances arose from the account which had been received in America of the changeinthe ministry. No longer awed, it seems, with the spirit of the former rulers, they thought themselves a match for what our calumniators choose to qualify by the name of so feeble a ministry as succeeded. Feeble in one sense these men certainly may be called: for, with all their efforts, and they have made many, they have not been able to resist the distempered vigour and insane alacrity with which you are rushing to your ruin. But it does so happen, A4 BURKE. that the falsity of this circulation is (like the rest) demon- strated by indisputable dates and records. So little was the change known in America, that the let- ters of your governors, giving an account of these disturb- ances long after they had arrived at their highest pitch, were all directed to the old ministry, and particularly to the Earl of Halifax, the Secretary of State corresponding with the colonies, without once in the smallest degree intimating the slightest suspicion of any ministerial revolution whatsoever. The ministry was not changed in England untilthe 1oth day of July, 1765. On the 14th of the preceding June, Gov- ernor Fauquier, from Virginia, writes thus,—and writes thus to the Earl of Halifax :—‘‘ Government is set at defiance, not having strength enough in her hands to enforce obedience to the laws of the community.—The private distress, which every man feels, increases the general dissatisfaction at the duties laid by the Stamp Act, which breaks out and shows itself upon every trifling occasion.” The general dissatis- faction had produced some time before, that is, on the 29th of May, several strong public resolves against the Stamp Act; and those resolves are assigned by Governor Bernard as the cause of the insurrections in Massachusetts Bay, in his letter of the 15th of August, still addressed to the Earl of Halifax; and he continued to address such accounts to that minister quite to the 7th of September of the same year. Similar accounts, and of as late a date, were sent from other governors, and all directed to Lord Halifax. Not one of these letters indicates the slightest idea of a change, either known or even apprehended. Thus are blown away the insect race of courtly falsehoods ! Thus perish the miserable inventions of the wretched run- ners for a wretched cause, which they have fly-blown into every weak and rotten part of the country, in vain hopes, that, when their maggots had taken wing, their importunate buzzing might sound something like the public voice! Sir, I have troubled you sufficiently with the state of America before the repeal. Now I turn to the honourable AMERICAN TAXATION 45 gentleman who sostoutly challenges us to tell whether, after the repeal, the provinces were quiet. This is coming home to the point. Here I meet him directly, and answer most readily, They were quiet. And I, in my turn, challenge him to prove when, and where, and by whom, and in what numbers, and with what violence, the other laws of trade, as gentlemen assert, were violated in consequence of your con- cession, or that even your other revenue laws were attacked. But I quit the vantage-ground on which I stand, and where I might leave the burden of the proof upon him: I walk down upon the open plain, and undertake to show that they were not only quiet, but showed many unequivocal marks of acknowledgment and gratitude. And to give him every advantage, I select the obnoxious colony of Massachusetts Bay, which at this time (but without hearing her) is so heavily a culprit before Parliament: I will select their pro- ceedings even under circumstances of no small irritation. For, a little imprudently, I must say, Governor Bernard mixed in the administration of the lenitive of the repeal no small acrimony arising from matters of a separate nature. Yet see, Sir, the effect of that lenitive, though mixed with these bitter ingredients,—and how this rugged people can express themselves on a measure of concession. “Tf it is not now in our power,” (say they, in their address to Governor Bernard,) “sin so full a manner as will be ex- pected, to show our respectful gratitude to the mother country, or to make a dutiful, affectionate return to the in- dulgence of the King and Parliament, it shall be no fault of ours ; for this we intend, and hope shall be able fully to enéct.”’ Would to God that this temper had been cultivated, managed, and set in action! Other effects than those which we have since felt would have resulted from it. On the re- quisition for compensation to those who had suffered from the violence of the populace, in the same address they say, —‘The recommendation enjoined by Mr. Secretary Con- way’s letter, and in consequence thereof made to us, we shall 46 BURKE embrace the first convenient opportunity to consider and act upon.” They did consider; they did act upon it. They obeyed the requisition. I know the mode has been chicaned upon ; but it was substantially obeyed, and much better obeyed than I fear the Parliamentary requisition of this session will be, though enforced by all your rigour and backed with all your power. In a word, the damages of popular fury were compensated by legislative gravity. Al- most every other part of America in various ways demon- strated their gratitude. Iam bold to say, that so sudden a calm recovered after so violent a storm is without parallel in history. To say that no other disturbance should hap- pen from any other cause is folly. But as far as appearances went, by the judicious sacrifice of one law you procured an acquiescence in all that remained. After this experience, nobody shall persuade me, when an whole people are con- cerned, that acts of lenity are not means of conciliation. I hope the honourable gentleman has received a fair and full answer to his question. I have done with the third period of your policy,—that of your repeal, and the return of your ancient system, and your ancient tranquillity and concord. Sir, this period was not as long as it was happy. Another scene was opened, and other actors appeared on the stage. The state, in the condition I have described it, was delivered into the hands of Lord Chatham, a great and celebrated name,—a name that keeps the name of this country respectable in every other on the globe. It may be truly called “ Clarum et venerabile nomen Gentibus, et multum nostrze quod proderat urbi.” Sir, the venerable age of this great man, his merited rank, his superior eloquence, his splendid qualities, his eminent serv- ices, the vast space he fills in the eye of mankind, and, more than all the rest, his fall from power, which, like death, canonizes and sanctifies a great character, will not suffer me to censure any part of his conduct. lam afraid to flatter AMERICAN TAXATION 47 him ; I am sure I am not disposed to blame him. Let those who have betrayed him by their adulation insult him with their malevolence. But what I do not presume to cen- sure I may have leave to lament. For a wise man, he seemed to me at that time to be governed too much by general maxims. I speak with the freedom of history, and I hope without offense. One or two of these maxims, flowing from an opinion not the most indulgent to our un- happy species, and surely a little too general, led him into measures that were greatly mischievous to himself, and for that reason, among others, perhaps fatal to his country,— measures, the effects of which, I am afraid, are forever incur- able. He made an administration so checkered and speck- led, he put together a piece of joinery so crossly indented and whimsically dovetailed, a cabinet so variously inlaid, such a piece of diversified mosaic, such a tessellated pave- ment without cement,—here a bit of black stone and there a bit of white, patriots and courtiers, king’s friends and re- publicans, Whigs and Tories, treacherous friends and open enemies,—that it was, indeed, a very curious show, but ut- terly unsafe to touch and unsure to stand on. The col- leagues whom he had assorted at the same boards stared at each other, and were obliged to ask,—“ Sir, your name?” —‘ Sir, you have the advantage of me.” —‘“ Mr. Such-a-one.” ——“I beg a thousand pardons.’’—I venture to say, it did so happen that persons had a single office divided between them, who had never spoke to each other in their lives, un- til they found themselves, they knew not how, pigging to- gether, heads and points, in the same truckle-bed.! Sir, in consequence of this arrangement, having put so much the larger part of his enemies and opposers into power, the confusion was such that his own principles could not possibly have any effect or influence in the conduct of affairs. If ever he fell into a fit of the gout, or if any other cause withdrew him from public cares, principles directly the contrary were sure to predominate. When he had executed his plan, he had not an inch of ground to stand 48 BURKE upon. When he had accomplished his scheme of adminis- tration, he was no longer a minister. When his face was hid but for a moment, his whole system was on a wide sea without chart or compass. The gentlemen, his particular friends, who, with the names of various departments of ministry, were admitted to seem as if they acted a part under him, with a modesty that becomes all men, and with a confidence in him which was justified even in its extravagance by his superior abilities, had never in any instance presumed upon any opinion of their own, Deprived of his guiding influence, they were whirled about, the sport of every gust, and easily driven into any port; and as those who joined with them in manning the vessel were the most directly opposite to his opinions, measures, and character, and far the most artful and most powerful of the set, they easily prevailed, so as to seize upon the vacant, unoccupied, and derelict minds of ‘his friends, and instantly they turned the vessel wholly out of the course of his policy. As if it were to insult as well as to betray him, even long before the close of the first session of his admin- istration, when everything was publicly transacted, and with great parade, in his name, they made an act declaring it highly just and expedient to raise a revenue in America. For even then, Sir, even before this splendid orb was entirely set, and while the western horizon was in a blaze with his descending glory, on the opposite quarter of the heavens arose another luminary, and for his hour became lord of the ascendant. This light, too, is passed and set forever. You under- stand, to be sure, that I speak of Charles Townshend, offi- cially the reproducer of this fatal scheme, whom I can not even now remember without some degree of sensibility. In truth, Sir, he was the delight and ornament of this House, and the charm of every private society which he honoured with his presence. Perhaps there never arose in this country, nor in any country, a man of a more pointed and finished wit, and (where his passions were not concerned) of a more AMERICAN TAXATION 49 refined, exquisite, and penetrating judgment. If he had not so great a stock as some have had, who flourished formerly, of knowledge long treasured up, he knew, better by far than any man I ever was acquainted with, how to bring together within a short time all that was necessary to establish, to illustrate, and to decorate that side of the question he supported. He stated his matter skilfully and powerfully. He particularly excelled. in a most luminous explanation and display of his subject. His style of argu- ment was neither trite and vulgar, nor subtle and abstruse. He hit the House just between wind and water. And not being troubled with too anxious a zeal for any matter in question, he was never more tedious or more earnest than the preconceived opinions and present temper of his hearers required, to whom he was always in perfect unison. He conformed exactly to the temper of the House; and he seemed to guide, because he was always sure to follow it. I beg pardon, Sir, if when I speak of this and of other great men, I appear to digress in saying something of their characters. In this eventful history of the revolutions of America, the characters of such men are of much importance. Great men are the guideposts and landmarks inthe state. The credit of such men at court or in the nation is the sole cause of all the public measures. It would be an invidious thing (most foreign, I trust, to what you think my disposition) to remark the errors into which the authority of great names has brought the nation, without doing justice at the same time to the great qualities whence that authority arose. The subject is instructive to those who wish to form them- selves on whatever of excellence has gone before them. There are many young members in the House (such of late has been the rapid succession of public men) who never saw that prodigy, Charles Townshend, nor of course know what a ferment he was able to excite in everything by the violent ebullition of his mixed virtues and failings. For failings he had undoubtedly,—many of us remember them; we are this day considering the effect of them, But he had no fail- 4 50 BURKE ings which were not owing to a noble cause,—to an ardent, generous, perhaps an immoderate passion for fame: a pas- sion which is the instinct of all great souls. He worshiped that goddess, wheresoever she appeared; but he paid his particular devotions to her in her favourite habitation, in her chosen temple, the House of Commons. Besides the charac- ters of the individuals that compose our body, it is impos- sible, Mr. Speaker, not to observe that this House has a col- lective character of its own. That character, too, however imperfect, is not unamiable. Like all great public collec- tions of men, you possess a marked love of virtue and an abhorrence of vice. But among vices there is none which the House abhors in the same degree with obstinacy. Ob- stinacy, Sir, is certainly a great vice; and in the changeful state of political affairs it is frequently the cause of great mischief. It happens, however, very unfortunately, that al- most the whole line of the great and masculine virtues, con- stancy, gravity, magnanimity, fortitude, fidelity, and firm- ness, are closely allied to this disagreeable quality, of which you have so just an abhorrence; and, in their excess, all these virtues very easily fallinto it. He who paid such a punc- tilious attention to all your feelings certainly took care not to shock them by that vice which is the most disgustful to you. That fear of displeasing those who ought most to be pleased betrayed him sometimes into the other extreme. He had voted, and, in the year 1765, had been an advocate for the Stamp Act. Things and the disposition of men’s minds were changed. In short, the Stamp Act began tobe no favourite inthis House. He therefore attended at the pri- vate meeting in which the resolutions moved by a right hon- ourable gentleman were settled : resolutions leading to the repeal. The next day he voted for that repeal; and he would have spoken for it, too, if an illness (not, as was then given out, a political, but, to my knowledge, a very real illness) had not prevented it. The very next session, as the fashion of this world passeth away, the repeal began to be in as bad an odour in this House AMERICAN TAXATION 5I as the Stamp Act had been in the session before. To con- form to the temper which began to prevail, and to prevail mostly amongst those most in power, he declared, very early in the winter, that a revenue must be had out of America. Instantly he was tied down to his engagements by some, who had no objection to such experiments, when made at the cost of persons for whom they had no particular regard. The whole body of courtiers drove him onward. They always talked as if the king stood in a sort of humiliated state, until something of the kind should be done. Here this extraordinary man, then Chancellor of the Ex- chequer, found himself in great straits. To please univers- ally was the object of his life; but to tax and to please, no more than to love and to be wise, is not given to men. However, he attempted it. To render the tax palatable to the partisans of American revenue, he made a preamble stating the necessity of such a revenue. To close with the American distinction, this revenue was external or port- duty; but, again, to soften it to the other party, it was a duty of supply. To gratify the colonists, it was laid on British manufactures; to satisfy the merchants of Britain, the duty was trivial, and (except that on tea, which touched only the devoted East India Company) on none of the grand objects of commerce. To counterwork the American con- traband, the duty on tea was reduced from a shilling to three-pence; but to secure the favour of those who would tax America, the scene of collection was changed, and, with the rest, it was levied in the colonies. What need I say more? This fine-spun scheme had the usual fate of all exquisite policy. But the original plan of the duties, and the mode of executing that plan, both arose singly and solely from a love of our applause. He was truly the child of the House. He never thought, did, or said anything, but with a view to you. He every day adapted himself to your disposition, and adjusted himself before it as at a looking-glass. He had observed (indeed, it could not escape him) that several persons, infinitely his inferiors in all respects, had 52 BURKE formerly rendered themselves considerable in this House by one method alone. They were a race of men (I hope in God the species is extinct) who, when they rose in their place, no man living could divine, from any known adher- ence to parties, to opinions, or to principles, from any order or system in their politics, or from any sequel or connection in their ideas, what part they were going to take in any de- bate. It is astonishing how much this uncertainty, especially at critical times, called the attention of all parties on such men. All eyes were fixed on them, all ears open to hear them; each party gaped, and looked alternately for their vote, almost to the end of their speeches. While the House hung in this uncertainty, now the hear-hims rose from this side, now they rebellowed from the other; and that party to whom they fell at length from their tremulous and danc- ing balance always received them in a tempest of applause. The fortune of such men was a temptation too great to be resisted by one to whom a single whiff of incense withheld gave much greater pain than he received delight in the clouds of it which daily rose about him from the prodigal superstition of innumerable admirers. He was a candidate for contradictory honours; and his great aim was, to make those agree in admiration of him who never agreed in any- thing else. Hence arose this unfortunate act, the subject of this day’s debate: from a disposition which, after making an American revenue to please one, repealed it to please others, and again revived it in hopes of pleasing a third, and of catching something in the ideas of all. This revenue act of 1767 formed the fourth period of American policy. How we have fared since then: what woful variety of schemes have been adopted; what enforc- ing, and what repealing; what bullying, and what submit- ting; what doing, and undoing; what straining, and what relaxing; what assemblies dissolved for not obeying, and called again without obedience; what troops sent out to quell resistance, and, on meeting that resistance, recalled ; + ot Bs" nt he ay AMERICAN TAXATION 53 what shiftings, and changes, and jumblings of all kinds of men at home, which left no possibility of order, consistency, vigour, orevenso much asa decent unity of colour, in any one public measure It is a tedious, irksome task. My duty may call me to open it out some other time; on a former occasion # I tried your temper on a part of ith for the present I shall forbear. After all these changes and agitations, your immediate situation upon the question on your paper is at length brought to this. You have an act of Parliament stating that “‘ it is expedient to raise a revenue in America.” Bya partial repeal you annihilated the greatest part of that rev- enue which this preamble declares to be so expedient. You have substituted no other in the place of it. Pie 1 a ig yr) : Fi ee j x oY Re al ad nt ie Li MRS TO THE ELECTORS OF BRISTOL, ON BEING ELECTED A REPRESENTATIVE IN PARLIAMENT FOR THAT CITY (Delivered on Thursday, November 3, 1774.) ENTLEMEN,—I can not avoid sympathizing strongly with the feelings of the gentleman who has received the same honour that you have conferredon me. If he, who was bred and passed his whole life amongst you,—if he, who, through the easy gradations of acquaintance, friendship, and esteem, has obtained the honour which seems of itself, natu- rally and almost insensibly, to meet with those who, by the even tenor of pleasing manners and social virtues, slide into the love and confidence of their fellow-citizens,—if he can not speak but with great emotion on this subject, surrounded as he is on all sides with his old friends,—you will have the goodness to excuse me, if my real, unaffected embarrass- ment prevents me from expressing my gratitude to you as I ought. I was brought hither under the disadvantage of being un- known, even by sight, to any of you. No previous canvass was made for me. I was put in nomination after the poll was opened. I did not appear until it was far advanced. If, under all these accumulated disadvantages, your good opinion has carried me to this happy point of success, you will pardon me, if I can only say to you collectively, as I said to you individually, simply and plainly, I thank you,— I am obliged to you,—I am not insensible of your kindness, This is all that I am able to say for the inestimable favour you have conferred upon me. ButI can not be satisfied with- out saying a little more in ries of the right you have 3 64 BURKE to confer such a favour. The person that appeared here as counsel for the candidate who so long and so earnestly solic- ited your votes thinks proper to deny that a very great part of you have any votes to give. He fixes a standard period of time in his own imagination, (not what the law defines, but merely what the convenience of his client suggests,) by which he would cut off at one stroke all those freedoms which are the dearest privileges of your corporation,—which the Common Law authorizes,—which your magistrates are compelled to grant,—which come duly authenticated into this court,—and are saved in the clearest words, and with the most religious care and tenderness, in that very act of Parliament which was made to regulate the elections by freemen, and to prevent all possible abuses in making them. I do not intend to argue the matter here. My learned counsel has supported your cause with his usual ability ; the worthy sheriffs have acted with their usual equity; and I have no doubt that the same equity which dictates the re- turn will guide the final determination. Ihad the honour, in conjunction with many far wiser men, to contribute a very small assistance, but, however, some assistance, to the form- ing the judicature which is to try such questions, It would be unnatural in me to doubt the justice of that court, in the trial of my own cause, to which I have been so active to give jurisdiction over every other. I assure the worthy freemen, and this corporation, that, if the gentleman perseveres in the intentions which his present warmth dictates to him, I will attend their cause with dili- gence, and I hope with effect. For, if I know anything of myself, it is not my own interest in it, but my full convic- tion, that induces me to tell you, I think there is not a shadow of doubt in the case. I do not imagine that you find me rash in declaring my- self, or very forward in troubling you. From the beginning to the end of the election, 1 have kept silence in all matters of discussion. I have never asked a question of a voter on the other side, or supported a doubtful vote on my own. I| TO THE ELECTORS OF BRISTOL 65 respected the abilities of my managers; I relied on the candour of the court. I think the worthy sheriffs will bear me witness that I have never once made an attempt to im- pose upon their reason, to surprise their justice, or to ruffle their temper.’ I stood on the hustings (except when I gave my thanks to those who favoured me with their votes) less like a candidate than an unconcerned spectator of a public proceeding. But here the face of things is altered. Here is an attempt for a general massacre of suffrages,—an attempt, by a promiscuous carnage of friends and foes, to extermi- nate above two thousand votes, including seven hundred polled for the gentleman himself who now complains, and who would destroy the friends whom he has obtained, only because hecannot obtain as many of them as he wishes. How he will be permitted, in another place, to stultify and disable himself, and to plead against his own acts, is another question. The law will decide it. I shall only speak of it as it concerns the propriety of public conduct in this city, I do not pretend to lay down rules of decorum for other gentlemen. They are best judges of the mode of proceed- ing that will recommend them to the favour of their fellow- citizens. But I confess I should look rather awkward, if I had been the very first to produce the new copies of free- dom,—if I had persisted in producing them to the last,—if I had ransacked, with the most unremitting industry and the most penetrating research, the remotest corners of the king- dom to discover them,—if I were then, all at once, to turn short, and declare that I had been sporting all this while with the right of election, and that I had been drawing out a poll, upon no sort of rational grounds, which disturbed the peace of my fellow-citizens for a month together ;—I really, for my part, should appear awkward under such circum- stances. It would be still more awkward in me, if I were gravely to look the sheriffs in the face, and to tell them they were not to determine my cause on my own principles, nor to make the return upon those votes upon which I had rested my 5 66 BURKE election. Such would be my appearance to the court and magistrates. Sey, But how should I appear to the voters themselves? If I had gone round to the citizens entitled to freedom, and squeezed them by the hand,—“ Sir, 1 humbly beg your vote, —TI shall be eternally thankful,—may I hope for the honour of your support ? —Well !—come,—we shall see you at the Council-House.”—If I were then to deliver them to my managers, pack them into tallies, vote them off in court, and when I heard from the bar,—“ Such a one only! and such a one forever !—he’s my man !””—“ Thank you, good Sir,— Hah! my worthy friend! thank you kindly,—that’s an honest fellow,—how is your good family ?’’—Whilst these words were hardly out of my mouth, if I should have wheeled round at once, and told them,—‘‘ Get you gone, you pack of worthless fellows! you have no votes,—you are usurpers! you are intruders on the rights of real freemen! I will have nothing to do with you! you ought never to have been produced at this election, and the sheriffs ought not to have admitted you to poll!”’ Gentlemen, I should make a strange figure, if my conduct had been of this sort. I am not so old an acquaintance of yours as the worthy gentleman. Indeed, I could not have ventured on such kind of freedoms with you. But I am bound, and I will endeavour, to have justice done to the rights of freemen,—even though I should at the same time be obliged to vindicate the former! part of my antagonist’s conduct against his own present inclinations. I owe myself, in all things, to all the freemen of this city. My particular friends have a demand on me that I should not deceive their expectations. Never was cause or man supported with more constancy, more activity, more spirit. I have been supported with a zeal, indeed, and heartiness in my friends, which (if their object had been at all propor- tioned to their endeavours) could never be sufficiently com- mended. They supported me upon the most liberal princi- ples. They wished that the members for Bristol should be TO THE ELECTORS OF BRISTOL 67 chosen for the city, and for their country at large, and not for themselves. So far they are not disappointed. If I possess nothing else, I am sure I possess the temper that is fit for your serv- ice. I know nothing of Bristol, but by the favours I have received, and the virtues I have seen exerted in it. I shall ever retain, what I now feel, the most perfect and grateful attachment to my friends,—and I have no enmities, no resentments. I never can consider fidelity to engage- ments and constancy in friendships but with the highest ap- probation, even when those noble qualities are employed against my own pretensions. The gentleman who is not so fortunate as I have been in this contest enjoys, in this res- pect, a consolation full of honour both to himself and to his friends. They have certainly left nothing undone for his service. : As for the trifling petulance which the rage of party stirs up in little minds, though it should show itself even in this court, it has not made the slightest impression on me. The highest flight of such clamorous birds is winged in an inferior region of the air. We hear them, and we look upon them, just as you, Gentlemen, when you enjoy the serene air on your lofty rocks, look down upon the gulls that skim the mud of your river, when it is exhausted of its tide. I am sorry I can not conclude without saying a word ona topic touched upon by my worthy colleague. I wish that topic had been passed by ata time when I have so little leisure to discuss it. But since he has thought proper to throw it out, I owe you a clear explanation of my poor sentiments on that subject. He tells you that “the topic of instructions has occa- sioned much altercation and uneasiness in this city”’; and he expresses himself (if I understand him rightly) in favour of the coercive authority of such instructions. Certainly, Gentlemen, it ought to be the happiness and glory of a representative to live in the strictest union, the closest correspondence, and the most unreserved communi- 68 BURKE cation with his constituents. Their wishes ought to have great weight with him; their opinions high respect; their business unremitted attention. Itis his duty to sacrifice his repose, his pleasure, his satisfactions, to theirs,—and above all, ever, and in all cases, to prefer their interest to his own. But his unbiased opinion, his mature judgment, his en- lightened conscience, he ought not to sacrifice to you, to any man, or to any set of men living. These he does not derive from your pleasure,—no, nor from the law and the Constitution. They are a trust from Providence, for the abuse of which he is deeply answerable. Your representa- tive owes you, not his industry only, but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion. My worthy colleague says, his will ought to be subservient to yours. If that be all, the thing is innocent. If govern- ment were a matter of will upon any side, yours, without question, ought to be superior. But government and legis- lation are matters of reason and judgment, and not of inclination ; and what sort of reason is that in which the determination precedes the discussion, in which one set of men deliberate and another decide, and where those who form the conclusion are perhaps three hundred miles distant from those who hear the arguments? To deliver an opinion is the right of all men; that of con- stituents is a weighty and respectable opinion, which a repre- sentative ought always to rejoice to hear, and which he ought always most seriously to consider. But authoritative instructions, mandates issued, which the member is bound blindly and implicitly to obey, to vote, and to argue for, though contrary to the clearest conviction of his judgment and conscience,—these are things utterly unknown to the laws of this land, and which arise from a fundamental mis- take of the whole order and tenor of our Constitution. Parliament is not a congress of ambassadors from differ- ent and hostile interests, which interests each must main- tain, as an agent and advocate, against other agents and TO THE ELECTORS OF BRISTOL 69 advocates ; but Parliament is a deliberative assembly of one nation, with one interest, that of the whole—where not local purposes, not local prejudices, ought to guide, but the gen- eral good, resulting from the general reason of the whole. You choose a member, indeed; but when you have chosen him, he is not member of Bristol, but he is a member of Parliament. If the local constituent should have an interest or should form an hasty opinion evidently opposite to the real good of the rest of the community, the member for that place ought to be as far as any other from any endeavour to give it effect.- I beg pardon for saying so much on this sub- ject; I have been unwillingly drawn into it; but I shall ever use a respectful frankness of communication with you. Your faithful friend, your devoted servant, I shall be to the end of my life: a flatterer you do not wish for. On this point of instructions, however, I think it scarcely possible we ever can have any sort of difference. Perhaps I may give you too much, rather than too little, trouble. From the first hour I was encouraged to court your favour, to this happy day of obtaining it, I have never promised you anything but humble and persevering endeavourstodo my duty. The weight of that duty, I confess, makes me tremble; and whoever well considers what it is, of all things in the world, will fly from what has the least likeness to a positive and precipitate engagement. To be a good member of Parliament is, let me tell you, no easy task,—especially at this time, when there is so strong a disposition to run into the perilous extremes of servile compliance or wild popu- larity. To unite circumspection with vigour is absolutely necessary, but it is extremely difficult. We are now mem- bers for a rich commercial city ; this city, however, is but a part of a rich commercial nation, the interests of which are various, multiform, and intricate. Weare members for that great nation, which, however, is itself but a part of a great empire, extended by our virtue and our fortune to the farthest limits of the East and of the West. All these wide- spread interests must be considered,—must be compared,— 70 BURKE must be reconciled, if possible. We are members for a free country; and surely we all know that the machine of a free constitution is no simple thing, but as intricate and as deli- cate as it is valuable. We are members in a great and ancient monarchy; and we must preserve religiously the true, legal rights of the sovereign, which form the keystone that binds together the noble and well-constructed arch of our empire and our Constitution. A constitution made up of balanced powers must ever be a critical thing. As such I mean to touch that part of it which comes within my reach. I know my inability, and I wish for support from every quarter. In particular I shall aim at the friendship, and shall cultivate the best correspondence, of the worthy col- league you have given me. | I trouble you no farther than once more to thank you all: you, Gentlemen, for your favours; the candidates, for their temperate and polite behaviour; and the sheriffs, for a con- duct which may give a model for all who are in public sta- tions. NOTE 1, Mr. Brickdale opened his poll, it seems, with a tally of those very kind of freemen, and voted many hundreds of them. RESOLUTIONS FOR CONCILIATION WITH THE AMERICAN COLONIES (Delivered in the House of Commons, March 22, 1775.) HOPE, Sir, that notwithstanding the austerity of the Chair, your good-nature will incline you to some degree of indulgence towards human frailty. You will not think it unnatural, that those who have an object depending, which strongly engages their hopes and fears, should be somewhat inclined to superstition. As I came into the house, full of anxiety about the event of my motion, I found, to my in- finite surprise, that the grand penal bill by which we had passed sentence on the trade and sustenance of America is to be returned to us from the other House.! I do confess, I could not help looking on this event as a fortunate omen. I look upon it as a-sort of Providential favour, by which we are put once more in possession of our deliberative capacity, upon a business so very questionable in its nature, so very uncertain in its issue. By the return of this bill, which seemed to have taken its flight forever, we are at this very instant nearly as free to choose a plan for our American government as we were on the first day of the session. If, Sir, we incline to the side of conciliation, we are not at all embarrassed (unless we please to make ourselves so) by any incongruous mixture of coercion and restraint. We are therefore called upon, as it were by a superior warning voice, again to attend to America,—to attend to the whole of it together,—and to review the subject with an unusual degree of care and calmness. Surely it is an awful subject,—or there is none so on this side of the grave. When I first had the honour of aseat in 71 72 BURKE this House, the affairs of that continent pressed themselves upon us as the most important and most delicate object of Parliamentary attention. My little share in this great delib- beration oppressed me. I found myself a partaker in a very high trust; and having no sort of reason to rely on the strength of my natural abilities for the proper execution of that trust, I was obliged to take more than common pains to instruct myself in everything which relates to our colonies. I was not less under the necessity of forming some fixed ideas concerning the general policy of the British empire. Something of this sort seemed to be indispensable, in order, amidst so vast a fluctuation of passions and opinions, to con- center my thoughts, to ballast my conduct, to preserve me from being blown about by every wind of fashionable doc- trine. I really did not think it safe or manly to have fresh principles to seek upon every fresh mail which should arrive from America. } At that period I had the fortune to find myself in perfect concurrence with a large majority in this House. Bowing under that high authority, and penetrated with the sharpness and strength of that early impression, I have continued ever since, without the least deviation, in my original sentiments. Whether this be owing to an obstinate perseverance in error, or to a religious adherence to what appears to me truth and reason, it is in your equity to judge. Sir, Parliament, having an enlarged view of objects, made, during this interval, more frequent changes in their senti- ments and their conduct than could be justified in a particular person upon the contracted scale of private information. But though I do not hazard anything approaching to a cen- sure on the motives of former Parliaments to all those alter- ations, one fact is undoubted,—that under them the state of America has been kept in continual agitation. Everything administered as remedy to the public complaint, if it did not produce, was at least followed by, an heightening of the dis- temper, until, by a variety of experiments, that important country has been brought into her present situation,— CONCILIATION WITH AMERICA 73 a situation which I will not miscall, which I dare not name, which I scarcely know how to comprehend in the terms of any description. In this posture, Sir, things stood at the beginning of the session, About that time, a worthy member,? of great Parliamentary experience, who in the year 1766 filled the chair of the American Committee with much ability, took me aside, and, lamenting the present aspect of our politics, told me things were come to such a pass that our former methods of proceeding in the House would be no longer tolerated,—that the public tribunal (never too indulgent to a long and unsuccessful opposition) would now scrutinize our conduct with unusual severity,—that the very vicissitudes and shiftings of ministerial measures, instead of convict- ing their authors of inconstancy and want of system, would be taken as an occasion of charging us with a predetermined discontent which nothing could satisfy, whilst we accused every measure of vigour ascruel and every proposal of lenity as weak and irresolute. The public, he said, would not have patience to see us play the game out with our adversaries ; we must produce our hand : it would be expected that those. who for many years had been active in such affairs should show that they had formed some clear and decided idea of the principles of colony government, and were capable of drawing out something like a platform of the ground which might be laid for future and permanent tranquillity. I felt the truth of what my honourable friend represented ; but I felt my situation, too. His application might have been made with far greater propriety to many other gentle- men. Noman was, indeed, ever better disposed, or worse qualified, for such an undertaking, than myself. Though I gave so far into his opinion, that I immediately threw my thoughts into a sort of Parliamentary form, I was by no means equally ready to produce them. It generally argues some degree of natural impotence of mind, or some want of knowledge of the world, to hazard plans of government, ex- cept from a seat of authority. Propositions are made, not 74 BURKE only ineffectually, but somewhat disreputably, when the minds of men are not properly disposed for their reception ; and for my part, lam not ambitious of ridicule, not abso- lutely a candidate for disgrace.: | Besides, Sir, to speak the plain truth, I have in general no very exalted opinion of the virtue of paper government, nor of any politics in which the plan is to be wholly separated from the execution. But when I saw that anger and vio- lence prevailed every day more and more, and that things were hastening towards an incurable alienation of our col- onies, I confess my caution gave way. I felt this as one of those few moments in which decorum yields to a higher duty. Public calamity is a mighty leveler ; and there are occasions when any, even the slightest, chance of doing good must be laid hold on, even by the most inconsiderable person. To restore order and repose to an empire so great and so distracted as ours is, merely in the attempt, an undertaking that would ennoble the flights of the highest genius, and obtain pardon for the efforts of the meanest understanding. Struggling a good while with these thoughts, by degrees I felt myself more firm. I derived, at length, some confi- dence from what in other circumstances usually produces timidity. I grew less anxious, even from the idea of my own insignificance. For, judging of what you are by what you ought to be, I persuaded myself that you would not re- ject a reasonable proposition because it had nothing but its reason to recommend it. On the other hand, being totally destitute of all shadow of influence, natural or adventitious, I was very sure, that, if my proposition were futile or dan- gerous, if it were weakly conceived or improperly timed, there was nothing exterior to it of power to awe, dazzle, or delude you. You will see it just as it is, and you will treat it just as it deserves. The proposition is peace. Not peace through the medium of war; not peace to be hunted through the labyrinth of in- tricate and endless negotiations; not peace to arise out of CONCILIATION WITH AMERICA 75 universal discord, fomented from principle, in all parts of the empire; not peace to depend on the juridical determina- tion of perplexing questions, or the precise marking the shadowy boundaries of a complex government. It is simple peace, sought in its natural course and in its ordinary haunts. - It is peace sought in the spirit of peace, and laid in principles purely pacific. I propose, by removing the ground of the difference and by restoring the former unsuspecting confi- dence of the colonies in the mother country, to give perma- nent satisfaction to your people,—and (far from a scheme of ruling by discord) to reconcile them to each other in the same act and by the bond of the very same interest which reconciles them to British government. My idea is nothing more. Refined policy ever has been the parent of confusion,—and ever will be so, as long as the world endures. Plain good intention, which is as easily dis- covered at the first view as fraud is surely detected at last, is, let me say, of no mean force in the government of man- kind. Genuine simplicity of heart is a healing and cement- ing principle. My plan, therefore, being formed upon the most simple grounds imaginable, may disappoint some people, when they hear it. It has nothing to recommend it to the pruriency of curious ears. There is nothing at all new and captivating in it. It has nothing of the splendour of the project which has been lately laid upon your table by the noble lord in the blue ribbon. It does not propose to fill your lobby with squabbling colony agents, who will re- quire the interposition of your mace at every instant to keep the peace amongst them. It does not institute a magnifi- cent auction of finance, where captivated provinces come to general ransom by bidding against each other, until you knock down the hammer, and determine a proportion of payments beyond all the powers of algebra to equalize and settle. 7 The plan which I shall presume to suggest derives, how- ever, one great advantage from the proposition and registry of that noble lord’s project. The idea of conciliation is 76 BURKE admissible. First, the House, in accepting the resolution moved by the noble lord, has admitted, notwithstanding the menacing front of our address, notwithstanding our heavy bill of pains and penalties, that we do not think ourselves precluded from all ideas of free grace and bounty. | The House has gone farther: it has declared conciliation admissible previous to any submission on the part of America. It has even shot a good deal beyond that mark, and has ad- mitted that the complaints of our former mode of exerting the right of taxation were not wholly unfounded. That right thus exerted is allowed to have had something reprehensible in it,—something unwise, or something grievous; since, in the midst of our heat and resentment, we, of ourselves, have proposed a capital alteration, and, in order to get rid of what seemed so very exceptionable, have instituted a mode that is altogether new,—one that is, indeed, wholly alien from all the ancient methods and forms of Parliament. The principle of this proceeding is large enough for my purpose. The means proposed by the noble lord for carry- ing his ideas into execution, I think, indeed, are very in- differently suited to the end; and this I shall endeavour to show you before I sit down. But, for the present, I take my ground on the admitted principle. I mean to give peace. Peace implies reconciliation; and where there has been a material dispute, reconciliation does in a manner always im- ply concession on the one part or on the other. In this state of things I make no difficulty in affirming that the pro- posal ought to originate from us. Great and acknowledged force is not impaired, either in effect or in opinion, by an unwillingness to exert itself. The superior power may offer peace with honour and with safety. Such an offer from such a power will be attributed to magnanimity. But the con- cessions of the weak are the concessions of fear. When sucha one is disarmed, he is wholly at the mercy of his superior; and he loses forever that time and those chances which, as they happen to all men, are the strength and resources ofall inferior power. CONCILIATION WITH AMERICA 77 The capital leading questions on which you must this day decide are these two: First, whether you ought to concede; and secondly, what your concession ought to be. On the first of these questions we have gained (as I have just taken the liberty of observing to you) some ground. But I am sensible that a good deal more is still to be done. Indeed, Sir, to enable us to determine both on the one and the other of these great questions with a firm and precise judgment, I think'it may be necessary to consider distinctly the true na- ture and the peculiar circumstances of the object which we have before us: because, after all our struggle, whether we will or not, we must govern America according to that nature and to those circumstances, and not according to our own imaginations, not according to abstract ideas of right, by no means according to mere general theories of government, the resort to which appears to me, in our present situation, no betterthan arrant trifling. I shall therefore endeavour, with your leave, to lay before you some of the most material of these circumstances in as full and as clear a manner as lam able to state them. The first thing that we have to consider with regard to the nature of the object is the number of people in the colonies. I have taken for some years a good deal of pains on that point. I can by no calculation justify myself in placing the number below two millions of inhabitants of our own European blood and colour,—besides at least 500,000 others, who form no inconsiderable part of the strength and opulence of the whole. This, Sir, is, I believe, about the true number. There is no occasion to exaggerate, where plain . truth is of so much weight and importance. But whether I put the present numbers too high or too low isa matter of little moment. Such is the strength with which population shoots in that part of the world, that, state the numbers as high as we will, whilst the dispute continues, the exagger- ation ends. Whilst we are discussing any given magnitude, they are grown to it. Whilst we spend our time in deliber- ating on the mode of governing two millions, we shall find 78 BURKE we have millions more to manage. Your children do nof grow faster from infancy to manhood than they spread from families to communities, and from villages to nations. I put this consideration of the present and the growing numbers in the front of our deliberation, because, Sir, this consideration will make it evident to a blunter discernment than yours, that no partial, narrow, contracted, pinched, occasional system will be at all suitable to such an object. It will show you that it is not to be considered as one of those minima which are out of the eye and consideration of the law,—not a paltry excrescence of the state,—not a mean dependant, who may be neglected with little damage and provoked with little danger. It will prove that some degree of care and caution is required in the handling of such an object ; it will show that you ought not, in reason, to trifle with so large a mass of the interests and feelings of the human race. You could at no time do so without guilt; and be assured you will not be able to do it long with impunity. But the population of this country, the great and growing population, though a very important consideration, will lose much of its weight, if not combined with other circum- stances. The commerce of your colonies is out of all pro- portion beyond the numbers of the people. This ground of their commerce, indeed, has been trod some days ago, and with great ability, by a distinguished person, * at your bar. This gentleman, after thirty-five years,—it is so long since he first appeared at the same place to plead for the commerce of Great Britain,—has come again before you to plead the same cause, without any other effect of time than that to the fire of imagination and extent of erudition, which even then marked him as one of the first literary characters: of his age, he has added a consummate knowledge in the commercial interest of his country, formed by a long course of enlightened and discriminating experience. Sir, I should be inexcusable in coming after such a person with any detail, if a great part of the members who now fill the House had not the misfortune to be absent when he CONCILIATION WITH AMERICA 79. appeared at your bar. Besides, Sir, I propose to take the matter at periods of time somewhat different from his. There is, if I mistake not, a point of view from whence, if you will look at this subject, it is impossible that it should not make an impression upon you. I have in my hand two accounts: one a comparative state of the export trade of England to its colonies, as it stood in the year 1704, and as it stood in the year 1772 ; the othera state of the export trade of this country to its colonies alone, as it stood in 1772, compared with the whole trade of England to all parts of the world (the colonies included) in the year 1704. They are from good vouchers: the latter period from the accounts on your table; the earlier from an original manuscript of Davenant, who first established the Inspector- General’s office, which has been ever since his time so abun- _ dant a source of Parliamentary information. The export trade to the colonies consists of three great branches: the African, which, terminating almost wholly in the colonies, must be put to the account of their commerce; the West Indian; and the North American. All these are so interwoven, that the attempt to separate them would tear to pieces the contexture of the whole, and, if not entirely destroy, would very much depreciate, the value of all the parts. I therefore consider these three denominations to be, what in effect they are, one trade. The trade to the colonies, taken on the export side, at the beginning of this century, that is, in the year 1704, stood thus :— Exports to North America and the West ee reg ee le hig aa Ay Aa aCe sh" Ce a ec ne a IS ie 86,665 & 569,930 In the year 1772, which I take as a ‘middle year between the highest and lowest of those lately laid on your table, the account was as follows :— 80 BURKE To North America and the West Indies... . £ 4,791,734 To Africa vik Hn Ry Srabietiteas, wiki eds ayn 866,398 To which if you add the export trade from Scotland, which had in 1704 no existence . . 364,000 & 6,024,171 From five hundred and odd thousand, it has grown to six millions. It has increased no less than twelvefold. This is the state of the colony trade, as compared with itself at these two periods, within this century ;—and this is matter for meditation. But this is not all. Examine my second ac- count. See how the export trade to the colonies alone in 1772 stood in the other point of view, that is, as compared to the whole trade of England in 1704. The whole export trade of England in- cluding that to the colonies, in 1704 % 6,509,000 Export to the colonies alone, in 1772. 6,024,000 Difference) Foy 4 485,000 The trade with America alone is now within less than 500,000/. of being equal to what this great commercial nation, England, carried on at the beginning of this century with the whole world! If I had taken the largest year of those on your table, it would rather have exceeded. But, ‘dt will be said, is not this American trade an unnatural protu- berance, that has drawn the juices from the rest of the body? The reverse. It is the very food that has nourished every other part into its present magnitude. Our general trade has been greatly augmented, and augmented more or less in almost every part to which it ever extended, but with this material difference : that of the six millions which in the beginning of the century constituted the whole mass of our export commerce the colony trade was but one twelfth part ; it is now (as a part of sixteen millions) considerably more than a third of the whole. This is the relative proportion CONCILIATION WITH AMERICA Sf ’ of the importance of the colonies at these two periods: and all reasoning concerning our mode of treating them must have this proportion as its basis, or it is a reasoning weak, rotten, and sophistical. Mr. Speaker, I can not prevail on myself to hurry over this great consideration. It is good for us to be here. We stand where we have an immense view of what is, and what is past. Clouds indeed, and darkness, rest upon the future. Let us, however, before we descend from this noble emi- nence, reflect that this growth of our national prosperity has happened within the short period of the life of man. It has happened within sixty-eight years. There are those alive whose memory might touch the two extremities. For instance, my Lord Bathurst might remember all the stages of the progress. He was in 1704 of an age at least to be made to comprehend such things. He was then old enough acta parentum jam legere, et que sit poterit cognoscere virtus. Suppose, Sir, that the angel of this auspicious youth, foreseeing the many virtues which made him one of the most amiable, as he is one of the most fortunate men of his age, had opened to him in vision, that, when, in the fourth generation, the third prince of the House of Brunswick had sat twelve years on the throne of that nation which (by the - happy issue of moderate and healing councils) was to be made Great Britain, he should see his son, Lord Chancellor of England, turn back the current of hereditary dignity to its fountain, and raise him to an higher rank of peerage, whilst he enriched the family with a new one,—if, amidst these bright and happy scenes of domestic honour and pros- perity, that angel should have drawn up the curtain, and unfolded the rising glories of his country, and whilst he was gazing with admiration on the then commercial grandeur of England, the genius should point out to him a little speck, scarce visible in the mass of the national interest, a small seminal principle rather than a formed body, and should tell him,—‘‘ Young man, there is America,—which at 7 day serves for little more than to amuse you with 82 BURKE stories of savage men and uncouth manners, yet shall, before you taste of death, show itself equal to the whole of that commerce which now attracts the envy of the world. What- ever England has been growing to by a progressive in- crease of improvement, brought in by varieties of people, by succession of civilizing conquests and civilizing settlements in a series of seventeen hundred years, you shall see as much added to her by America in the course of a single life!” If this state of his country had been foretold to him, would it not require all the sanguine credulity of youth, and all the fervid glow of enthusiasm, to make him believe it? For- tunate man, he has lived to see it! Fortunate indeed, if he lives to see nothing that shall vary the prospect, and cloud the setting of his day! Excuse me, Sir, if, turning. from such thoughts, I resume this comparative view once more. You have seen it on a large scale ; look at it ona small one. I will point out to your attention a particular instance of it in the single prov- ince of Pennsylvania. In the year 1704 that province called for 11,459/. in value of your commodities, native and foreign. Thiswas the whole. What did it demand in 1772? Why, nearly fifty times as much; for in that year the export to Pennsylvania was 507,900/., ably equal to the cmon to all the colonies together in the first period. I choose, Sir, to enter into these minute and particular details ; because generalities, which in all other cases are apt to heighten and raise the subject, have here a tendency to sink it. When we speak of the commerce with our colonies, fiction lags after truth, invention is unfruitful, and imagina- tion cold and barren. So far, Sir, as to the importance of the object in the view _ of its commerce, as concerned in the exports from England. If I were to detail the imports, I could show how many enjoyments they procure which deceive the burden of life, how many materials which invigorate the springs of national industry and extend and animate every part of our foreign and domestic commerce. This would be a curious subject CONCILIATION WITH AMERICA $3 indeed,—but I must prescribe bounds to myself in a matter so vast and various. | | I pass, therefore, to the colonies in another point of view —their agriculture. This they have prosecuted with sucha spirit, that, besides feeding plentifully their own growing multitude, their annual export of grain, comprehending rice, has some years ago exceeded a million in value. Of their last harvest I am persuaded, they will export much more. At the beginning of the century some of these colonies im- ported corn from the mother country. For some time past the Old World has been fed from the New. The scarcity which you have felt would have been a desolating famine, if this child of your old age, with a true filial piety, with a Roman charity, had not put the full breast of its youthful exuberance to the mouth of its exhausted parent. As to the wealth which the colonies have drawn from the sea by their fisheries, you had all that matter fully opened at yourbar. You surely thought those acquisitions of value, for they seemed even to excite your envy; and yet the spirit , by which that enterprising employment has been exercised ought rather, in my opinion, to have raised your esteem and admiration. And pray, Sir, what in the world is equal to it ? Pass by the other parts, and look at the manner in which the people of New England have of late carried on the whale- fishery. Whilst we follow them among the tumbling _ mountains of ice,and behold them penetrating into the deepest _ frozen recesses of Hudson’s Bay and Davis’s Straits, whilst we are looking for them beneath the arctic circle, we hear that they have pierced into the opposite region of polar cold, that they are at the antipodes, and engaged under the frozenserpent of the South. Falkland Island, which seemed too remote and romantic an object for the grasp of national ambition, is but a stage and resting-place in the progress of their victorious industry. Nor is the equinoctial heat more discouraging to them than the accumulated winter of both the poles. We know, that, whilst some of them draw the line and strike the harpoon on the coast of Africa, others run the 84 BURKE longitude, and pursue their gigantic game along the coast’ of Brazil. No sea but what is vexed by their fisheries. No climate that is not witness to their toils. Neither the per- severance of Holland, nor the activity of France, nor the dexterous and firm sagacity of English enterprise ever car- ried this most perilous mode of hardy industry to the ex- tent to which it has been pushed by this recent people,—a people who are still, as it were, but in the gristle, and not yet hardened into the bone of manhood. When I contem- plate these things,—when I know that the colonies in general owe little or nothing to any care of ours, and that they are ‘not squeezed into this happy form by the constraints of watchful and suspicious government, but that, through a wise and salutary neglect, a generous nature has been suf- fered to take her own way to perfection,—when I reflect up- on these effects, when I see how profitable they have been to us, I feel all the pride of power sink, and all presumption in the wisdom of human contrivances melt and die away within me,—my rigour relents,—I pardon something to the Spirit of liberty. | I am sensible, Sir, that all which I have asserted in my detail is admitted in the gross, but that quite a different conclusion is drawn from it. America, gentlemen say, is a noble object,—it is an object well worth fighting for. Certainly it is, if fighting a people be the best way of gain- ing them. Gentlemen in this respect will be led to their choice of means by their complexions and their habits. Those who understand the military art will of course have some predilection for it. Those who wield the thunder of the state may have more confidence in the efficacy of arms. But I confess, possibly for want of this knowledge, my opin- ion is much more in favour of prudent management than of force,—considering force not as an odious, but a feeble in- strument, for preserving a people so numerous, so active, so growing, so spirited as this, in a profitable and subordinate connection with us. First, Sir, permit me to observe, that the use of force alone CONCILIATION WITH AMERICA 85 is but temporary. It may subdue for a moment; but it does not remove the necessity of subduing again: and a nation is not governed which is perpetually to be con- quered. | My next objection is its uncertainty. Terror is not al- ways the effect of force, and an armament is not a victory. If you do not succeed, you are without resource: for, cons ciliation failing, force remains; but, force failing, no further hope of reconciliation is left. Power and authority are sometimes bought by kindness; but they can never be begged as alms by an impoverished and defeated violence. | A further objection to force is, that you impair the object by your very endeavours to preserve it. The thing you fought for is not the thing which you recover, but depreciated, sunk, wasted, and consumed in the contest. Nothing less will content me than whole America. I do not choose to consume its strength along with our own; because in all parts it is the British strength that I consume. I do not choose to be caught by aforeign enemy at the end of this exhausting conflict, and still less in the midst of it. I may escape, but I can make no insurance against suchanevent. Let meadd, that I do not choose wholly to break the American spirit; because it is the spirit that has made the country. Lastly, we have no sort of experience in favour of force as an instrument in the rule of our colonies. Their growth and their utility has been owing to methods altogether different. Our ancient indulgence has been said to be pursued toa fault. It may beso; but we know, if feeling is evidence, that our fault was more tolerable than our attempt to mend it, and our sin far more salutary than our penitence. These, Sir, are my reasons for not entertaining that high opinion of untried force by which many gentlemen, for whose sentiments in other particulars I have great respect, seem to be so greatly captivated. But there is still behind a third consideration concerning this object, which serves to determine my opinion on the sort of policy which ought -to be pursued in the management of America, even more than 86 BURKE its population and its commerce: I mean its temper and character. In this character of the Americans a love of freedom is the predominating feature which marks and distinguishes the whole: and as an ardent is always a jealous affection, your colonies become suspicious, restive, and untractable, whenever they see the least attempt to wrest from them by force, or shuffle from them by chicane, what they think the only advantage worth living for. This fierce spirit of liberty is stronger in the English colonies, probably, than in any other people of the earth, and this from a great variety of powerful causes; which, to understand the true temper of their minds, and the direction which this spirit takes, it will not be amiss to lay open somewhat more largely. First, the people of the colonies are descendants of English- men. England, Sir, is a nation which still, I hope, respects, and formerly adored, her freedom. The colonists emigrated from you when this part of your character was most pre- dominant; and they took this bias and direction the mo- ment they parted from your hands. They are therefore not only devoted to liberty, but to liberty according to English ideas and on English principles. Abstract liberty, like other mere abstractions, is not to be found. Liberty inheres in some sensible object; and every nation has formed to itself some favourite point, which by way of eminence be- comes the criterion of their happiness. It happened, you know, Sir, that the great contests for freedom in this coun- try were from the earliest times chiefly upon the question of taxing. Most of the contests in the ancient common- wealths turned primarily on the right of election of magis- trates, or on the balance among the several orders of the state. The question of money was not with them so imme- diate. But in England it was otherwise. On this point of taxes the ablest pens and most eloquent tongues have been exercised, the greatest spirits have acted and suffered. In order to give the fullest satisfaction concerning the impor- tance of this point, it was not only necessary for those who CONCILIATION WITH AMERICA 87 in argument defended the excellence of the English Consti- tution to insist on this privilege of granting money as a dry point of fact, and to prove that the right had been acknowl- edged in ancient parchments and blind usages to reside in a certain body called an House of Commons: they went much further: they attempted to prove, and they succeeded, that in theory it ought to be so, from the particular nature of a House of Commons, as an immediate representative of the people, whether the old records had delivered this oracle or not. They took infinite pains to inculcate, as a fundamen- tal principle, that in all monarchies the people must in effect themselves, mediately,or immediately, possess the power of granting their own money, or no shadow of liberty could subsist. The colonies draw from you, as with their life-blood, these ideasand principles. Their love of liberty, as with you, fixed and attached on this specific point of taxing. Liberty might be safe or might be endangered in twenty other par- ticulars without their being much pleased or alarmed. Here they felt its pulse; and as they found that beat, they thought themselves sick or sound. I do not say whether they were right or wrong in applying your general argu- ments to their own case. It is not easy, indeed, to make a monopoly of theorems and corollaries, The fact, is that they did thus apply those general arguments; and your mode of governing them, whether through lenity or indolence, through wisdom or mistake, confirmed them in the imagi- nation, that they, as well as you, had an interest in these common principles. They were further confirmed in this pleasing error by the form of their provincial legislative assemblies. Their govern- ments. are popular in an high degree: some are merely popular; in all, the popular representative is the most weighty; and this share of the people in their ordinary government never fails to inspire them with lofty senti- ments, and with a strong aversion from whatever tends to deprive them of their chief importance. If anything were wanting to this necessary operation of 88 | | BURKE the form of government, religion would have given it a com- plete effect. Religion, always a principle of energy, in this new people is no way worn out or impaired ; and their mode of professing it is also one main cause of this free spirit. The people are Protestants, and of that kind which is the most adverse to all implicit submission of mind and opinion. This is a persuasion not only favourable to liberty, but built upon it. Ido not think, Sir, that the reason of this averse- ness in the dissenting churches from all that looks like ab- solute government is so much to be sought in their religious tenets as in their history. Every one knows that the Roman Catholic religion is at least coeval with most of the govern- ments where it. prevails, that it has generally gone hand in hand with them, and received great favour and every kind of support from authority. The Church of England, too, was formed from her cradle under the nursing care of regular government. But the dissenting interests have sprung up in direct opposition to all the ordinary powers of the world, and could justify that opposition only on a strong claim to natural liberty. Their very existence depended on the powerful and unremitted assertion of that claim. All Protes- tantism, even the most cold and passive, is a sort of dissent. But the religion most prevalent in our northern colonies is a refinement on the principle of resistance: it is the dissi- dence of dissent, and the protestantism of the Protestant religion. This religion, under a variety of denominations agreeing in nothing but in the communion of the spirit of liberty, is predominant in most of the northern provinces, where the Church of England, notwithstanding its legal rights, is in reality no more than a sort of private sect, not composing, most probably, the tenth of the people. The colonists left England when this spirit was high, and in the emigrants was the highest of all; and even that stream of foreigners which has been constantly flowing into these colonies has, for the greatest part, been composed of dissenters from. the establishments of their several countries, and have brought with them a temper and CONCILIATION WITH AMERICA 89 character far from alien to that of the people with whom they mixed. | : Sir,I can perceive, by their manner, that some gentlemen object to the latitude of this description, because in the southern colonies the Church of England forms a large body, and has a regular establishment. It is certainly true. There is, however, a circumstance attending these colonies, which, in my opinion, fully counterbalances this difference, and makes the spirit of liberty still more high and haughty than in those to the northward. It is, that in Virginia and the Carolinas they have a vast multitude of slaves. Where this is the case in any part of the world, those who are free are by far the most proud and jealous of their freedom. Free- dom is to them not only an enjoyment, but a kind of rank and privilege. Not seeing there, that freedom, as in countries where it is a common blessing, and as broad and general as the air, may be united with much abject toil, with great misery, with all the exterior of servitude, liberty looks, amongst them, like something that is more noble and liberal. I do not mean, Sir, to commend the superior morality of this sentiment, which has at least as much pride as virtue in it; but I can notalter the nature of man. The fact is so; and these people of the southern colonies are much more strongly, and with an higher and more stubborn spirit, attached to liberty, than those to the northward. Such were all the ancient commonwealths; such were our Gothic ancestors; such in our days were the Poles; and such will be all masters of slaves, who are not slaves themselves. In such a people, the haughtiness of domination combines with the spirit of freedom, fortifies it, and renders it invincible. Permit me, Sir, to add another circumstance in our col- onies, which contributes no mean part towards the growth and effect of this untractable spirit: I mean their education. In no country, perhaps, in the world is the law so general a study. The profession itself is numerous and powerful, and in most provinces it takes the lead. The greater number of the deputies sent to the Congress were lawyers, But all 90 BURKE who read, and most do read, endeavour to obtain some smattering in that science. I have been told by an eminent bookseller, that in no branch of his business, after tracts of popular devotion, were so many books as those on the law exported to the plantations. The colonists have now fallen into the way of printing them for their own use. I hear that they have sold nearly as many of Blackstone’s “ Com- mentaries’”’ in America as in England. General Gage marks out this disposition very particularly in a letter on your table. He states, that all the people in his government are lawyers, or smatterers in law,—and that in Boston they have been enabled, by successful chicane, wholly to evade many parts of one of your capital penal constitutions. The smart- ness of debate will say, that this knowledge ought to teach them more clearly the rights of legislature, their obligations to obedience, and the penalties of rebellion. All this is mighty well. But my honourable and learned friend ® on the floor, who condescends to mark what I say for animadver- sion, will disdain that ground. He has heard, as well as I, that, when great honours and great emoluments do not win over this knowledge to the service of the state, it is a for- midable adversary to government. If the spirit be not tamed and broken by these happy methods, it is stubborn and liti- gious. Abeunt studia in mores. This study renders men acute, inquisitive, dexterous, prompt in attack, ready in defense, full of resources. In other countries, the people, more simple, and of a less mercurial cast, judge of an ill principle in government only by an actual grievance; here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur mis- government at a distance, and snuff the approach of tyranny in every tainted breeze. The last cause of this disobedient spirit in the colonies is hardly less powerful than the rest, as it»is not merely moral, but laid deep in the natural constitution of things. Three thousand miles of ocean lie between you andthem. No con- trivance can prevent the effect of this distance in weakening CONCILIATION WITH AMERICA ene government. Seas roll, and months pass, between the order and the execution; and the want of a speedy explan- ation of a single point is enough to defeat an whole system. You have, indeed, winged ministers of vengeance, who carry your bolts in their pounces to the remotest verge of the sea: but there a power stepsin, that limits the arrogance of raging passions and furious elements, and says, ‘‘So far shalt thou go, and no farther.” Who are you, that should fret and rage, and bite the chains of Nature? Nothing worse happens to you than does to all nations who have ex- tensive empire ; and it happens in all the forms into which empire can be thrown. Im large bodies, the circulation of power must be less vigorous at the extremities. Nature has said it. The Turk can not govern Egypt, and Arabia, and Kurdistan, as he governs Thrace; nor has he the same dominion in Crimea and Algiers which he has at Brusa and Smyrna. Despotism itself is obliged to truck and huckster. The Sultan gets such obedience as he can. He governs with a loose rein, that he may govern at all ; and the whole of the force and vigour of his authority in his center is derived from a prudent relaxation in all his borders. Spain, in her provinces, is perhaps not so well obeyed as you are in yours, She complies, too; she submits; she watchestimes. This is the immutable condition, the eternal law, of extensive and detached empire. Then, Sir, from these six capital sources, of descent, of form of government, of religion in the northern provinces, of manners in the southern, of education, of the remoteness of situation from the first mover of government,—from all these causes a fierce spirit of liberty has grown up. It has grown with the growth of the people in your colonies, and increased with the increase of their wealth: a spirit, that, unhappily meeting with an exercise of power in England, which, however lawful, is not reconcilable to any ideas of liberty, much less with theirs, has kindled this flame that is ready to consume us. I do not mean to commend either the spirit in this excess, 92 BURKE or the moral causes which produce it. Perhaps a more smooth and accommodating spirit of freedom in them would be more acceptableto us. Perhaps ideas of liberty might be desired more reconcilable with an arbitrary and boundless authority. Perhaps we might wish the colonists to be per- suaded that their liberty is more secure when held in trust for them by us (as their guardians during a perpetual minority) than with any part of it in their own hands. But the question is not, whether their spirit deserves praise or blame,—what, in the name of God, shall we do with it? You have before you the object, such as it is,—with all its glories, with all its imperfections on its head. You see the magnitude, the importance, the temper, the habits, the dis- orders. By all these considerations we are strongly urged to determine something concerning it. We are called upon to fix some rule and line for our future conduct, which may give a little stability to our politics, and prevent the return of such unhappy deliberations as the present. Every such return will bring the matter before us in a still more - untractable form. For what astonishing and incredible things have we not seen already! What monsters have not been generated from this unnatural contention! Whilst every prin- ciple of authority and resistance has been pushed, upon both sides, as far as it would go, there is nothing so solid and cer- tain, either in reasoning or in practise, that has not been shaken. Until very lately, all authority in America seemed to be nothing but an emanation from yours. Even the pop- ular part of the colony constitution derived all its activity, and its first vital movement, from the pleasure of the crown. We thought Sir, that the utmost which the discontented col- onists could do was to disturb authority; we never dreamt they could of themselves supply it, knowing in general what an operose business it is to establish a government absolutely new. But having, for our purposes in this contention, re- solved that none but an obedient assembly should sit, the humors of the people there, finding all passage through the legal channel stopped, with great violence broke out another CONCILIATION WITH AMERICA 93 way. Some provinces have tried their experiment, as we have tried ours; and theirs has succeeded. They have formed a government sufficient for its purposes, without the bustle ofa revolution, or the troublesome formality of an election. Evi- dent necessity and tacit consent have done the business in an instant. So well they have done it, that Lord Dunmore (the account is among the fragments on your table) tells you that the new institution is infinitely better obeyed than the ancient government ever was in its most fortunate periods. Obedience is what makes government and not the names by which it is called: not the name of Governor, as formerly, or Committee, as at present. This new govern- ment has originated directly from the people, and was not transmitted through any of the ordinary artificial media of a positive constitution. It was not a manufacture ready formed and transmitted to them in that condition from England. The evil arising from hence is this: that the colonists hav- ing once found the possibility of enjoying the advantages of order in the midst of a struggle for liberty, such struggles will not henceforward seem so terrible to the settled and sober part of mankind as they had appeared before the trial. Pursuing the same plan of punishing by the denial of the exercise of government to still greater lengths, we wholly abrogated the ancient government of Massachusetts. We were confident that the first feeling, if not the very prospect of anarchy, would instantly enforce a complete submission. The experiment was tried. A new, strange, unexpected face of things appeared. Anarchy is found tolerable. A vast province has -now subsisted, and subsisted ina consider- able degree of health and vigour, for near a twelvemonth, without governor, without public council, without judges, without executive magistrates. How long it will continue in this state, or what may arise out of this unheard-of situa- tion, how can the wisest of us conjecture? Our late experi- ence has taught us that many of those fundamental princi- ples formerly believed infallible are either not of the impor- 94 BURKE tance they were imagined to be, or that we have not at all ad- verted to some other far more important and far more pow- erful principles which entirely overrule those we had con- sidered as omnipotent. I am much against any further experiments which tend to put to the proof any more of these allowed opinions which contribute so much to the pub- lic tranquillity. In effect, we suffer as much at home by this loosening of all ties, and this concussion of all estab- lished opinions, as we do abroad. For, in order to prove that the Americans have no right to their liberties, we are every day endeavouring to subvert the maxims which preserve the whole spirit of our own. To prove that the Americans ought not to be free, we are obliged to depreciate the value of freedom itself; and we never seem to gain a paltry ad- vantage over them in debate, without attacking some of those principles, or deriding some of those feelings, for which our ancestors have shed their blood. But, Sir, in wishing to put an end to pernicious experi- ments, I do not mean to preclude the fullest inquiry. Far from it. Far from deciding on a sudden or partial view, I would patiently go round and round the subject, and survey it minutely in every possible aspect. Sir, if I were capable of en- gaging you toan equal attention, I would state, that, as far as I am capable of discerning, there are but three ways of pro- ceeding relative to this stubborn spirit which prevails in your colonies and disturbs your government. These are,—to change that spirit, as inconvenient, by removing the causes,— to prosecute it, as criminal,—or to comply with it, as necessary. I would not be guilty of an imperfect enumeration; I can think of but these three. Another has, indeed, been started, —that of giving up the colonies; but it met so slight a re- ception that I do not think myself obliged to dwell a great while uponit. It isnothing but alittle sally of anger, like the frowardness of peevish children, who, when they can not get all they would have, are resolved to take nothing. The first of these plans—to change the spirit, as inconve- nient, by removing the causes—I think is the most like a CONCILIATION WITH AMERICA 95 systematic proceeding. It isradicalinits principle; but it is attended with great difficulties: some of them little short, as I conceive, of impossibilities. This will appear by examining into the plans which have been proposed. As the growing population of the colonies is evidently one cause of their resistance, it was last session mentioned in both Houses, by men of weight, and received not without applause, that, in order to check this evil, it would be proper for the crown to make no further grants of land. But to this scheme there are two objections. The first, that there is already so much unsettled land in private hands as to afford room for an immense future population, although the crown not only withheld its grants, but annihilated its soil. If this be the case, then the only effect of this avarice of desolation, this hoarding of a royal wilderness, would be to raise the value of the possessions in the hands of the great private monopolists, without any adequate check to the growing and alarming mischief of population. But if you stopped your grants, what would be the con- sequences? The people would occupy without grants. They have already so occupied in many places. Youcannot station garrisons in every part of these deserts. If you drive the people from one place, they will carry on their annual tillage, and remove with their flocks and herds to an- other. Many of the people in the back settlements are already little attached to particular situations. Already they have topped the Appalachian mountains. From thence they behold before them an immense plain, one vast, rich, level meadow: a square of five hundred miles. Over this they | would wander without a possibility of restraint ; they would change their manners with the habits of their life; would soon forget a government by which they were disowned ; would become hordes of English Tartars, and, pouring down upon your unfortified frontiers a fierce and irresistible cavalry, become masters of your governors and your counsellors, your collectors and comptrollers, and of all the slaves that adhered to them. Such would, and, in no long time, must es 96 BURKE be, the effect of attempting to forbid as a crime, and to sup- press as an evil, the command and blessing of Providence, “ Increase and multiply.” Such would be the happy result of an endeavour to keepas a lair of wild beasts that earth which God by an express charter has given to the children of men. Far different, and surely much wiser, has been our policy hitherto. Hitherto we have invited our people, by every kind of bounty, to fixed establishments. We have in-. vited the husbandman to look to authority for histitle. We have taught him piously to believe in the mysterious virtue of wax and parchment. We have thrown each tract of land, as it was peopled, into districts, that the ruling power should never be wholly out of sight. We have settled all we could; and we have carefully attended every settlement with government. Adhering, Sir, as I do, to this policy, as well as for the rea- sons I have just given, I think this new project of hedging in population to be neither prudent nor practicable. To impoverish the colonies in general, and in particular.to arrest the noble course of their marine enterprises, would be amore easy task. I freely confess it. We have shown a disposition to a system of this kind,—a disposition even to continue the restraint after the offense,—looking on our- selves as rivals to our colonies, and persuaded that of course we must gain all that they shall lose. Much mischief we may certainly do. The power inadequate to all other things is often more than sufficient for this. I do not look on the direct and immediate power of the colonies to resist our vio- lence as very formidable. In this, however, I may be mis- taken. But when I consider that we have colonies for no purpose but tobe serviceable to us, it seems to my poor understanding a little preposterous to make them unservice- able, in order to keep them obedient. It is, in truth, noth- ing more than the old, and, as I thought, exploded problem of tyranny, which proposes to beggar its subjects into sub- mission. But remember, when you have completed your system of impoverishment, that Nature still proceeds in her CONCILIATION WITH AMERICA 07 ordinary course ; that discontent will increase with misery ; and that there are critical moments in the fortune of all states, when they who are too weak to contribute to your prosperity may be strong enough to complete your ruin. Spoliatis arma supersunt. The temper and character which prevail in our colonies are, I am afraid, unalterable by any human art. Wecan not, I fear, falsify the pedigree of this fierce people, and persuade them that they are not sprung from a nation in whose veins the blood of freedom circulates. The language in which they would hear you tell them this tale would detect the imposition ; your speech would betray you. An English- man is the unfittest person on earth to argue another Eng- lishman into slavery. I think it is nearly as little in our power to change their republican religion as their free descent, or to substitute the Roman Catholic as a penalty, or the Church of England as an improvement. The mode of inquisition and dragooning is going out of fashion in the Old World, and I should not confide much to their efficacy in the New. The education of the Americans is also on the same unalterable bottom with their religion. Youcan not persuade them to burn their books of curious science, to banish their lawyers from their courts of law, or to quench the lights of their assemblies by refusing to choose those persons who are best read in their _ privileges. It would be no less impracticable to think of wholly annihilating the popular assemblies in which these lawyers sit. The army, by which we must govern in their place, would be far more chargeable to us, not quite so ef- fectual, and perhaps, in the end, full as difficult to be kept in obedience. With regard to the high aristocratic spirit of Virginia and the southern colonies, it has been proposed, I know, to re- duce it by declaring a general enfranchisement of their slaves. This project has had its advocates and panegyrists; yet I never could argue myself into any opinion of it. Slaves are often much attached to their masters. A general wild offer 7 98 BURKE of liberty would not always be accepted. History furnishes few instances of it. It is sometimes as hard to persuade slaves to be free as it is to compel freemen to be slaves; and in this auspicious scheme we should have both these pleasing tasks on our hands at once. But when we talk of enfranchisement, do we not perceive that the American master may enfranchise, too, and arm servile hands in defense of freedom ?—a measure to which other people have had recourse more than once, and not without success, in a desperate situation of their affairs. Slaves as these unfortunate black people are, and dull as all men are from slavery, must they not a little suspect the offer of freedom from that very nation which has sold them to their present masters,—from that nation, one of whose causes of quarrel with those masters is their refusal to deal any more in that inhuman traffic? An offer of freedom from England would come rather oddly, shipped to them in an African vessel, which is refused an entry into the ports of Virginia or Carolina, with a cargo of three hundred Angola negroes. It would be curious to see the Guinea captain at- tempting at the same instant to publish his proclamation of liberty and to advertise his sale of slaves. But let us suppose all these moral difficulties got over. The ocean remains, You can not pump this dry; and as long as it continues in its present bed so long all the causes which weaken authority by distance will continue. “ Ye Gods ! annihilate but space and time, And make two lovers happy.” was a pious and passionate prayer,—but just as reasonable as many of the serious wishes of very grave and solemn poli- ticians. If, then, Sir, it seems almost desperate to think of any al- terative course for changing the moral causes (and not quite easy to remove the natural) which produce prejudices irreconcilable to the late exercise of our authority, but that the spirit infallibly will continue, and continuing, will produce CONCILIATION WITH AMERICA 99 such effects as now embarrass us,—the second mode under consideration is, to prosecute that spirit in its overt acts, as criminal. At this proposition, I must pause a moment. The thing seems a great deal too big for my ideas of jurisprudence. It should seem, to my way of conceiving such matters, that there is a very wide difference, in reason and policy, between the mode of proceeding on the irregular conduct of scat- tered individuals, or even of bands of men, who disturb order within the state, and the civil dissensions which may, from time to time, on great questions, agitate the several communities which compose a great empire. It looks to me to be narrow and pedantic to apply the ordinary ideas of criminal justice to this great public contest. I do not know the method of drawing up an indictment against an whole people. I can not insult and ridicule the feelings of millions of my fellow-creatures as Sir Edward Coke in- sulted one excellent individual (Sir Walter Raleigh) at the bar. I am not ripe to pass sentence on the gravest public bodies, intrusted with magistracies of great authority and dignity, and charged with the safety of their fellow-citizens, upon the very same title that I am. I really think that for wise men this is not judicious, for sober men not decent, for minds tinctured with humanity not mild and merciful. Perhaps, Sir, I am mistaken in my idea of an empire. as distinguished from a single state or kingdom. But my idea of it is this: that an empire is the aggregate of many states under one common head, whether this head be a monarch or a presiding republic. It does, in such constitu- tions, frequently happen (and nothing but the dismal, cold, dead uniformity of servitude can prevent its happening) that the subordinate parts have many local privileges and im- munities. Between these privileges and the supreme common authority the line may be extremely nice. Of course dis- putes, often, too, very bitter disputes, and much ill blood, will arise. But though every privilege is an exemption (in the case) from the ordinary exercise of the supreme authority, it 100 BURKE isno denial of it. The claim of a privilege seems rather, ex vi termini, to imply asuperior power: for to talk of the priv- ileges of a state or of a person who has no superior is hardly any better than speaking nonsense. Now in such unfortu- nate quarrels among the component parts of a great political union of communities, I can scarcely conceive anything more completely imprudent than for the head of the empire to insist that if any privilege is pleaded against his will or his acts, that his whole authority is denied,—instantly to proclaim rebellion, to beat to arms, and to put the offending provinces under the ban. Will not this, Sir, very soon teach the provinces to make no distinctions on their part? Will it not teach them that the government against which a claim of liberty is tantamount to high treason is a government to which submission is equivalent to slavery? It may not al- ways be quite convenient to impress dependent communities with such an idea. We are, indeed, in all disputes with the colonies, by the necessity of things, the judge. It is true, Sir. But I con- fess that the character of judge in my own cause is a thing that frightens me. Instead of filling me with pride, I am exceedingly humbled by it. Icannot proceed with a stern, assured judicial confidence, until I find myself in something more like a judicial character. I must have these hesitations as long as I am compelled to recollect, that, in my little reading upon such contests as these, the sense of mankind has at least as often decided against the superior as the sub- ordinate power. Sir, let me add, too, that the opinion of my having some abstract right in my favour would not put me much at my ease in passing sentence, unless I could be sure that there were no rights which, in their exercise under certain circumstances, were not the most odious of all wrongs and the most vexatious of all injustice. Sir, these consider- ations have great weight with me, when I find things so circumstanced that I see the same party at once a civil liti- gant against me in a point of right and a culprit before me, while I sit as criminal judge on acts of his whose moral CONCILIATION WITH AMERICA IOL quality is to be decided upon the merits of that very litiga- tion. Men are every now and then put, by the complexity of human affairs, into strange situations; but justice is the same, let the judge be in what situation he will. There is, Sir, also a circumstance which convinces me that this mode of criminal proceeding is not (at least in the pres- ent stage of our contest) altogether expedient,—which is nothing less than the conduct of those very persons who have seemed to adopt that mode, by lately declaring a re- bellion in Massachusetts Bay, as they had formerly addressed to have traitors brought hither, under an act of Henry the Eighth, for trial. For, though rebellion is declared, it is not proceeded against as such; nor have any steps been taken towards the apprehension or conviction of any individual offender, either on our late or our former address; but modes of public coercion have been adopted, and such as have much more resemblance to a sort of qualified hostility towards an independent power than the punishment of re- bellious subjects. All this seems rather inconsistent ; but it shows how difficult it is to apply these juridical ideas to our present case. In this situation, let us seriously and coolly ponder. What is it we have got by all our menaces, which have been many and ferocious? What advantage have we derived from the penal laws we have passed, and which, for the time, _ have been severe and numerous? What advances have we made towards our object, by the sending of a force, which, by land and sea, is no contemptible strength? Has the disorder abated? Nothing less—When I see things in this situation, after such confident hopes, bold promises, and active exertions, I can not, for my life, avoid a suspicion that the plan itself is not correctly right. If, then, the removal of the causes of this spirit of Ameri- can liberty be, for the greater part, or rather entirely, im- practicable,—if the ideas of criminal process be inapplicable, or, if applicable, are in the highest degree inexpedient, what way yet remains? No way is open, but the third and last,— 102 BURKE to comply with the American spirit as necessary, or, if you please, to submit to it as a necessary evil. If we adopt this mode, if we mean to conciliate and con- cede, let us see of what nature the concession ought to be. To ascertain the nature of our concession, we must look at their complaint. The colonies complain that they have not the characteristic mark and seal of British freedom. They complain that they are taxed in a Parliament in which they are not represented. If you mean to satisfy them at all, you must satisfy them with regard to this complaint. If you mean to please any people, you must give them the boon which they ask,—not what you may think better for them, but of a kind totally different. Such an act may be a wise regulation, but it is no concession; whereas our present theme is the mode of giving satisfaction. Sir, I think you must perceive that I am resolved this day to have nothing at all to do with the question of the right of taxation. Some gentlemen startle,—but it is true: I put it totally out of the question. It is less than nothing in my consideration. I do not indeed wonder, nor will you, Sir, that gentlemen of profound learning are fond of displaying it on this profound subject. But my consideration is narrow, confined, and wholly limited to the policy of the question. I do not examine whether the giving away a man’s money be a power excepted and reserved out of the general trust of government, and how far all mankind, in all forms of polity, are entitled to an exercise of that right by the charter of Nature,—or whether, on the contrary, a right of taxation is necessarily involved in the general principle of legislation, and inseparable from the ordinary supreme power. These are deep questions, where great names militate against each other, where reason is perplexed, and an appeal to authori- ties only thickens the confusion: for high and reverend au- thorities lift up their heads on both sides, and there is no sure footing inthe middle. This point isthe great Serbonian bog, betwixt Damiata and Mount Casius old, where armies whole have sunk. Ido not intend to be overwhelmed in that CONCILIATION WITH AMERICA 103 bog, though in such respectable company. The question with me is, not whether you have a right to render your people miserable, but whether it is not your interest to make them happy. Itis not what a lawyer tells me I may do, but what humanity, reason, and justice tell me I ought to do. Isa politic act the worse for being a generous one? Is no con- cession proper, but that which is made from your want of right to keep what you grant? Or does it lessen the grace or dignity of relaxing in the exercise of an odious claim, be- cause you have your evidence-room full of titles, and your magazines stuffed with arms to enforce them? What sig- nify all those titles and all those arms? Of what avail are they, when the reason of the thing tells me that the asser- tion of my title is the loss of my suit, and that I could do nothing but wound myself by the use of my own weapons? Such is steadfastly my opinion of the absolute necessity of keeping up the concord of this empire by a unity of spirit, though in a diversity of operations, that, if I were sure the colonists had, at their leaving this country, sealed a regular compact of servitude, that they had solemnly abjured all the rights of citizens, that they had made a vow to renounce all ideas of liberty for them and their posterity to all genera- tions, yet I should hold myself obliged to conform to the temper I found universally prevalent in my own day, and to govern two millions of men, impatient of servitude, on the principles of freedom. I am not determining a point of law; I am restoring tranquillity; and the general character and situation of a people must determine what sort of govern- ment is fitted for them. That point nothing else can or ought to determine. My idea, therefore, without considering whether we yield as matter of right or grant as matter of favour, is, to admit the people of our colonies into an interest in the Constitu- tion, and, by recording that admission in the journals of Parliament, to give them as strong an assurance as the nature of the thing will admit that we mean forever to ad- here to that solemn declaration of systematic indulgence. 104. BURKE Some years ago, the repeal of a revenue act, upon its understood principle, might have served to show that we intended an unconditional abatement of the exercise of a taxing power. Such a measure was then sufficient to remove all suspicion and to give perfect content. But unfortunate events since that time may make something further neces- sary,—and not more necessary for the satisfaction of the colonies than for the dignity and consistency of our own future proceedings. I have taken a very incorrect measure of the disposition of the House, if this proposal in itself would be received with dislike. I think, Sir, we have few American financiers. But our misfortune is, we are too acute, we are too exquisite in our conjectures of the future, for men oppressed with such great and present evils. The more moderate among the opposers of Parliamentary concession freely confess that they hope no good from taxation; but they apprehend the colonists have further views, and if this point were conceded, they would instantly attack the trade laws. These gentle- men are convinced that this was the intention from the beginning, and the quarrel of the Americans with taxation was no more than a cloak and cover to this design. Such has been the language even of a gentleman ® of real modera- tion, and of a natural temper well adjusted to fair and equal government. 1 am, however, Sir, not a little surprised at this kind of discourse, whenever I hear it; and I am the more surprised on account of the arguments which I con- stantly find in company with it, and which are often urged from the same mouths and on the same day. For instance, when we allege that it is against reason to tax a people under so many restraints in trade as the Ameri- cans, the noble lord 7 in the blue ribbon shall tell you that the restraints on trade are futile and useless, of no advantage to us, and of no burden to those on whom they are im- posed,—that the trade to America is not secured by the Acts of Navigation, but by the natural and irresistible ad- vantage of a commercial preference. CONCILIATION WITH AMERICA 105 Such is the merit of the trade laws in this posture of the debate. But when strong internal circumstances are urged against the taxes,—when the scheme is dissected,—when experience and the nature of things are brought to prove, and do prove, the utter impossibility of obtaining an effective revenue from the colonies,—when these things are pressed, or rather press themselves, so as to drive the advocates of colony taxes to a clear admission of the futility of the scheme,—then, Sir, the sleeping trade laws revive from their trance, and this useless taxation is to be kept sacred, not for its own sake, but as a counter-guard and security of the laws of trade. Then, Sir, you keep up revenue laws which are mischiev- ous in order to preserve trade laws that are useless. Such is the wisdom of our plan in both its members. They are separately given up as of no value; and yet one is always to be defended for the sake of the other. But Ican not agree with the noble lord, nor with the pamphlet from whence he seems to have borrowed these ideas concerning the inutility of the trade laws. For, without idolizing them, I am sure they are still, in many ways, of great use to us; and in former times they have been of the greatest. They do confine, and they do greatly narrow, the market for the Americans. But my perfect conviction of this does not help me in the least to discern how the revenue laws form any security whatso- ever to the commercial regulations,— or that these commer- cial regulations are the true ground of the quarrel,—or that the giving way, in any one instance, of authority is to lose all that may remain unconceded. One fact is clear and indisputable: the public and avowed origin of this quarrel was on taxation. This quarrel has, indeed, brought on new disputes on new questions, but cer- tainly the least bitter, and the fewest of all, on the trade laws. To judge which of the two be the real, radical cause of quarrel, we have to see whether the commercial dispute did, in order of time, precede the dispute on taxation. There is not a shadow of evidence for it. Next, to enable 106 BURKE us to judge whether at this moment a dislike to the trade laws be the real cause of quarrel, it is absolutely necessary to put the taxes out of the question by a repeal. See how the Americans act in this position, and then you will be able to discern correctly what is the true object of the con- troversy, or whether any controversy at all will remain. Unless you consent to remove this cause of difference, it is impossible, with decency, to assert that the dispute is not upon what it is avowed to be. And I would, Sir, recom- mend to your serious consideration, whether it be prudent to form a rule for punishing people, not on their own acts, but on your conjectures. Surely it is preposterous, at the very best. It is not justifying your anger by their miscon- duct, but it is converting your ill-will into their delinquency. But the colonies will go further.—Alas! alas! when will this speculating against fact and reason end? What will quiet these panic fears which we entertain of the hostile effect of a conciliatory conduct? Is it true that no case can exist in which it is proper for the sovereign to accede to the desires of his discontented subjects? Is there anything pe- culiar in this case, to make a rule for itself? Is all authority of course lost, when it is not pushed to the extreme? Is it a certain maxim, that, the fewer causes of dissatisfaction are left by government, the more the subject will be inclined to resist and rebel ? All these objections being in fact no more than suspicions, conjectures, divinations, formed in defiance of fact and ex- perience, they did not, Sir, discourage me from entertain- ing the idea of a conciliatory concession, founded on the principles which I have just stated. In forming a plan for this purpose, I endeavoured to put myself in that frame of mind which was the most natural and the most reasonable, and which was certainly the most prob- able means of securing me from all error. I set out witha perfect distrust of my own abilities, a total renunciation of every speculation of my own, and with a profound reverence for the wisdom of our ancestors, who have left us the inheri- CONCILIATION WITH AMERICA 107 tance of so happy a Constitution and so flourishing an em- pire, and, what is a thousand times more valuable, the treas- ury of the maxims and principles which formed the one and obtained the other. During the reigns of the kings of Spain of the Austrian family, whenever they were at a loss in the Spanish coun- cils, it was common for their statesmen to say that they ought to consult the genius of Philip the Second. The genius of Philip the Second might mislead them; and the issue of their affairs showed that they had not chosen the most perfect standard. But, Sir, Iam sure that I shall not be misled, when, in a case of constitutional difficulty, I consult the genius of the English Constitution. Consulting at that oracle, (it was with all due humility and piety), I found four capital examples in a similar case before me: those of Ireland, Wales, Chester, and Durham. Ireland, before the English conquest, though never gov- erned by a despotic power, had no Parliament. How far the English Parliament itself was at that time modeled ac- cording to the present form is disputed among antiquarians, But we have all the reason in the world to be assured, that a form of Parliament, such as England then enjoyed, she in- stantly communicated to Ireland; and we are equally sure that almost every successive improvement in constitutional liberty, as fast as it was made here, was transmitted thither. The feudal baronage, and the feudal knighthood, the roots of our primitive Constitution, were early transplanted into that soil, and grew and flourished there. Magna Charta, if it did not give us originally the House of Commons, gave us at least an House of Commons of weight and consequence. But your ancestors did not churlishly sit down alone to the feast of Magna Charta. Ireland was made immediately a partaker. This benefit of English laws and liberties, I con- fess, was not at first extended to all Ireland. Mark the con- sequence. English authority and English liberty had ex- actly the same boundaries. Your standard could never be advanced an inch before your privileges. Sir John Davies 108 BURKE shows beyond a doubt, that the refusal of a general commu- nication of these rights was the true cause why Ireland was five hundred years in subduing; and after the vain projects of a military government, attempted in the reign of Queen Elizabeth, it was soon discovered that nothing could make that country English, in civility and allegiance, but your laws and your forms of legislature. It was not English arms, but the English Constitution, that conquered Ireland. From that time, Ireland has ever had a general Parliament, as she had before a partial Parliament. You changed the people, you altered the religion, but you never touched the form or the vital substance of free government in that king- dom. You deposed kings; you restored them ; you altered the succession to theirs, as well as to yourown crown; but you never altered their Constitution, the principle of which was respected by usurpation, restored with the restoration of monarchy, and established, I trust, forever by the glori- ous Revolution. This has made Ireland the great and flourishing kingdom that it is, and, from a disgrace anda burden intolerable to this nation, has rendered her a prin- cipal part of our strength and ornament. This country can not be said to have ever formally taxed her. The irreg- ular things done in the confusion of mighty troubles, and on the hinge of great revolutions, even if all were done that is said to have been done, form no example. If they have any effect in argument, they make an exception to prove the rule. None of your own liberties could stand a moment, if the casual deviations from them, at such times, were suffered to be used as proofs of their nullity. By the lucrative amount of such casual breaches in the Constitution, judge what the stated and fixed rule of supply has been in that kingdom. Your Irish pensioners would starve, if they had no other fund to live on than taxes granted by English au- thority. Turn your eyes to those popular grants from whence all your great supplies are come, and learn to respect that only source of public wealth in the British empire. My next example is Wales. This country was said to CONCILIATION WITH AMERICA 109 be reduced by Henry the Third. It was said more truly to be so by Edward the First. But though then conquered, it was not looked upon as any part of the realm of England: Its old Constitution, whatever that might have been, was destroyed; and no good one was substituted in its place. The care of that tract was put into the hands of Lords Marchers: a form of government of a very singular kind; a strange, heterogeneous monster, something between hostil- ity and government: perhaps it has a sort of resemblance, according to the modes of those times, to that of com- mander-in-chief at present, to whom all civil power is granted as secondary. The manners of the Welsh nation followed the genius of the government; the people were ferocious, res- tive, savage, and uncultivated ; sometimes composed, never pacified. Wales, within itself, was in perpetual disorder; and it kept the frontier of England in perpetual alarm. Benefits from it to the state there were none. Wales was only known to England by incursion and invasion. Sir, during that state of things, Parliament was not idle. They attempted to subdue the fierce spirit of the Welsh by all sorts of rigorous laws. They prohibited by statute the sending all sorts of arms into Wales, as you prohibit by pro- clamation (with something more of doubt on the legality) the sending arms to America. They disarmed the Welsh by statute, as you attempted (but still with more question on the legality) to disarm New England by an instruction. They made an act to drag offenders from Wales into Eng- land for trial, as you have done (but with more hardship) with regard to America. By another act, where one of the parties was an Englishman, they ordained that his trial should be always by English. They made acts to restrain trade, as you do; and they prevented the Welsh from the use of fairs and markets, as you do the Americans from fish- eries and foreign ports. In short, when the statute-book was not quite so much swelled as it is now, you find no less than fifteen acts of penal regulation on the subject of Wales. Here we rub our hands,—a fine body of precedents for IIo BURKE the authority of Parliament and the use of it !—I admit it fully; and pray add likewise to these precedents, that all the while Wales rid this kingdom like an incubus; that it was an unprofitable and oppressive burden; and that an Englishman traveling in that country could not go six yards from the high-road without being murdered. The march of the human mind is slow. Sir, it was not until after two hundred years discovered, that, by an eternal law, Providence had decreed vexation to violence, and poverty to rapine. Your ancestors did, however, at length open their eyes to the ill husbandry of injustice. They found that the tyranny of a free people could of all tyrannies the least be endured, and that laws made against an whole nation were not the most effectual methods for securing its obedience. Accordingly, in the twenty-seventh year of Henry the Eighth the course was entirely altered. Witha preamble stating the entire and perfect rights of the crown of England, it gave to the Welsh all the rights and privileges of English subjects. A political order was established; the military power gave way to the civil; the marches were turned into counties. But that a nation should have a right to English liberties, and yet no share at all in the funda- mental security of these liberties,—the grant of their own property,—seemed a thing so incongruous, that eight years after, that is, in the thirty-fifth of that reign, a complete and not ill-proportioned representation by counties and boroughs was bestowed upon Wales by act of Parliament. From that moment, as by acharm, the tumults subsided ; obedience was restored; peace, order, and civilization followed in the train of liberty. When the day-star of the English Consti- tution had arisen in their hearts, all was harmony within and without :— “ Simul alba nautis Stella refulsit Defluit saxis agitatus humor, Concidunt venti, fugiuntque nubes, Et minax (quod sic voluere) ponto Unda recumbit.” CONCILIATION WITH AMERICA II!I The very same year the County Palatine of Chester received the same relief from its oppressions, and the same remedy to its disorders. Before this time Chester was little less distempered than Wales. The inhabitants, without rights themselves, were the fittest to destroy the rights of others; and from thence Richard the Second drew the stand- ing army of archers with which for a time he oppressed England. The people of Chester applied to Parliament in a petition penned as I shall read to you. “To the king our sovereign lord, in most humble wise shown unto your most excellent Majesty, the inhabitants of your Grace’s County Palatine of Chester: That where the said County Palatine of Chester is and hath been alway hitherto exempt, excluded, and separated out and from your high court of Parliament, to have any knights and burgesses within the said court; by reason whereof the said inhabi- tants have hitherto sustained manifold disherisons, losses, and damages, as well in their lands, goods and bodies, as in the good, civil, and politic governance and maintenance of the common wealth of their said country: And forasmuch as the said inhabitants have always hitherto been bound by the acts and statutes made and ordained by your said Highness, and your most noble progenitors, by authority of the said court, as far forth as other counties, cities, and boroughs have been, that have had their knights and burgesses within your said court of Parliament, and yet have had neither knight ne burgess there for the said County Palatine ; the said inhabitants, for lack thereof, have been oftentimes touched and grieved with acts and statutes made within the said court, as well derogatory unto the most ancient jurisdictions, liberties, and privileges of your said County Palatine, as prejudicial unto the common wealth, quietness, rest, and peace of your Grace’s most bounden subjects in- habiting within the same.” What did Parliament with this audacious address ?—Re- ject it as a libel? Treat it as an affront to government ? Spurn it as aderogation from the rights of legislature? Did 112 BURKE they toss it over the table? Did they burn it by the hands of the common hangman ?—They took the petition of griev- ance, all rugged as it was, without softening or tempera- ment, unpurged of the original bitterness and indignation of complaint; they made it the very preamble to their act of redress, and consecrated its principle to all ages in the sanctuary of legislation. Here is my third example. It was attended with the suc- cess of the two former. Chester, civilized as well as Wales, has demonstrated that freedom, and not servitude, is the cure of anarchy; as religion, and not atheism, is the true remedy for superstition. Sir, this pattern of Chester was followed,in the reign of Charles the Second with regard to the County Palatine of Durham, which is my fourth example. This county had long lain out of the pale of free legislation. So scrupulously was the example of Chester followed, that the style of the preamble is nearly the same with that of the Chester act; and, without affecting the abstract extent of the authority of Parliament, it recognizes the equity of not suffering any considerable district, in which the British sub- jects may act as a body, to be taxed without their own voice in the grant. Now if the doctrines of policy contained in these preambles and the force of these examples in the acts of Parliament, avail anything, what can be said against applying them with regard to America? Arenotthe people of America as much Englishmen as the Welsh ? The preamble of the act of Henry the Eighth says, the Welsh speak alanguage no way resembl- ing that of his Majesty’s English subjects. Are the Americans not as numerous? If we may trust the learned and accurate Judge Barrington’s account of North Wales, and take that as a standard to measure the rest, there is no comparison. The people cannot amount to above 200,000: not a tenth part of the numberinthe colonies. Is Americain rebellion? Wales was hardly ever free from it. Have you attempted to govern America by penal statutes? You made fifteen for Wales. But your legislative authority is perfect with regard to CONCILIATION WITH AMERICA I13 America: was it less perfect in Wales, Chester, and Durham ? But America is virtually represented. What! does the electric force of virtual representation more easily pass over the Atlantic than pervade Wales, which lies in your neigh- bourhood ? or than Chesterand Durham, surrounded by abun- dance of representation that is actual and palpable? But, Sir, your ancestors thought this sort of virtual representation, however ample, to be totally insufficient for the freedom of the inhabitants of territories that are so near, and compara- tively soinconsiderable. How, then, can I think it sufficient for those which are infinitely greater, and infinitely more remote ? 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. Ican not 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 representa- tion; but I do not see my way to it; and those who have been more confident have not been more successful. How- ever, 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 an- other. When we can not give the benefit as we would wish, let us not refuse it altogether. If wecan not give the prin- cipal, 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. lI am not even obliged to go to the rich treasury of the fertile framers of imaginary commonwealths: not to the Republic of Plato, not to the Utopia of More, not to the Oceana of Harrington. It is before me,—it is at my feet,— “ And the rude swain Treads daily on it with his clouted shoon.” 114 BURKE I only wish you to recognize, for the theory, the ancient constitutional policy of this kingdom with regard to repre- sentation, as that policy has been declared in acts of Parlia- ment,—and as to the practise, to return to that mode which an uniform experience has marked out to you as best, and in which you walked with security, advantage, and honour, until the year 1763. My resolutions, therefore, mean to establish the ents and justice of a taxation of America by grant, and not by imposition; to mark the legal competency of the colony assemblies for the support of their government in peace, and for public aids in time of war; to acknowledge that this legal competency has had a dutiful and beneficial exercise, and that experience has shown the benefit of their grants, and the futility of Parliamentary taxation, as a method of supply. These solid truths compose six fundamental propositions. There are three more resolutions corollary to these. If you admit the first set, you can hardly reject the others. But if you admit the first, I shall be far from solicitous whether you accept or refuse the last. I think these six massive pillars will be of strength sufficient to support the temple of British concord. I have no more doubt than I entertain of my existence, that, if you admitted these, you would com- mand an immediate peace, and, with but tolerable future management, a lasting obedience in America, I am not arrogant in this confident assurance. The propositions are all mere matters of fact; and if they are such facts as draw irresistible 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 them, where they may want explanation. The first is a resolution,—“ That the colonies and planta- tions of Great Britain in North America, consisting of four- teen separate governments, and containing two millions and upwards of free inhabitants, have not had the liberty and « CONCILIATION WITH AMERICA Il5 privilege of electing and sending any knights and bur- gesses, 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 the lan- guage of the Constitution ; it is taken nearly verbatim from . acts of Parliament. The second is like unto the first,—“ 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 planta- tions have not their knights and burgesses in the said high court of Parliament, of their own election, to represent the con- dition of their country ; by lack whereof they have been often times touched and grieved by subsidies, given, granted, and assented to, in the said court, ina manner prejudicial to the common wealth, 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 legis- lature? 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. ‘** Non meus hic sermo, sed que precepit Ofellus Rusticus, abnormis sapiens.”’ It is the genuine produce of the ancient, rustic, manly, home-bred sense of this country. I did not dare to rub off a particle of the venerable rust that rather adorns and pre- serves than destroys the metal. It would be a profanation to touch with a tool the stones which construct 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 the tracks of our forefathers, where I can neither wander nor stumble. Determining to fix arti- 116 BURKE cles 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 abstain from all expressions of my own. What the law has said, I say. In all things else Iam silent. I have no organ but for her words. This, if it be not ingeni- ous, I am sure is safe. There are, indeed, words expressive of grievance in this 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 “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 their privileges, as well as in their purses. Men may lose little 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 twopence lost that constitutes the capital outrage. This is not confined to privileges. Even ancient indulgences withdrawn, without offense on the part of those who enjoyed such favours, oper- ate 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 re- pealed or exceedingly 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 the Stamp Act? I shall say they were, until that tax is re- vived. 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 assurance given by that noble person to the colonies of a resolution to CONCILIATION WITH AMERICA 117 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 that Parliamentary subsidies really touched and grieved them? Else why all these changes, modifications, repeals, assurances, and resolutions ? 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 Par- liament for the said colonies.” This is an assertion of a fact. I go no further on the paper; though, in my private judgment, an useful represen- tation is impossible; Iam sure it is not desired by them, nor ought it, perhaps, by us: but I abstain from opinions. 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, 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.” This competence in the colony assemblies is certain. It is proved by the whole tenor of their acts of supply in all the assemblies, in which the constant style of granting is, “An aid to his Majesty”; and acts granting to the crown have regularly, for near a century, passed the public offices without dispute. Those who have been pleased paradoxi- cally to deny this right, holding that none but the British Parliament can grant to the crown, are wished to look to what is done, not only in the colonies, but in Ireland, in one uniform, unbroken tenor, every session. Sir, I am surprised that this doctrine should come from some of the law servants of the crown. I say, that, if the crown could be responsible, his Majesty,—but certainly the ministers,and even these law officers themselves, through whose hands the acts pass biennially in Ireland, or annually in the colonies, are in an habitual course of committing impeachable offenses. What 118 BURKE habitual offenders have been all Presidents of the Council, all Secretaries of State, all First Lords of Trade, all Attor- neys and all Solicitors General! However, they are safe, as no one impeaches them; and there is no ground of charge against them, except in their own unfounded theories. The fifth resolution is also a resolution of fact,—“ 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 Secre- taries 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.” To say nothing of their great expenses in the Indian wars, and not to take their exertion in foreign ones, so high as the supplies in the year 1695, not to go back to their public con- tributions in the year 1710, I shall begin to travel only where the journals give me light,—resolving to deal in nothing but fact authenticated by Parliamentary record, and to build myself wholly on that solid basis. On the 4th of April, 1748,8 a committee of this House came to the following resolution :— “ Resolved, That it is the opinion of this committee, that it is just and reasonable, that the several provinces and colo- nies of Massachusetts Bay, New Hampshire, Connecticut, and Rhode Island be reimbursed the expenses they have been at in taking and securing to the crown of Great Britain the island of Cape Breton and its dependencies.” These expenses were immense for such colonies. They were above 200,000/. sterling: money first raised and ad- vanced on their public credit. On the 28th of January, 1756°a message from the king came to us, to this effect :—‘“‘ His Majesty, being sensible of the zeal and vigour with which his faithful subjects of cer- tain colonies in North America have exerted themselves in defense of his Majesty’s just rights and possessions, recom- CONCILIATION WITH AMERICA IIg mends it to this House to take the same into their consider- ation, and to enable his Majesty to give them such assistance as may be a proper reward and encouragement. On the 3d of February, 1756 1 the House came to a suit- able resolution, expressed in words nearly the same as those of the message; but with the further addition, that the money then voted was as an encouragement to the colonies to exert themselves with vigour. It will not be necessary to go through all the testimonies which your own records have given to the truth of my resolutions. I will only refer you to the places in the journals :-— Vol. XXVII.—16th and I9th May, 1757. Vol. XXVIII.—June Ist, 1758,—April 26th and 30th, 1759,—March 26th and 31st, and April 28th, 1760, —Jan. oth and 2oth, 1761. Vol. XXIX.—Jan. 22d and 26th, 1762,—March 14th and Path} 1763: Sir, here is the repeated acknowledgment of Parliament, that the colonies not only gave, but gave to satiety. This nation has formally acknowledged two things : first, that the colonies had gone beyond their abilities, Parliament having thought it necessary to reimburse them; secondly, that they had acted legally and laudably in their grants of money, and their maintenance of troops, since the compensation is ex- pressly given as reward and encouragement. Reward is not bestowed for acts that are unlawful; and encouragement is not held out to things that deserve reprehension. My reso- lution, therefore, does nothing more than collect into one proposition what is scattered through your journals. I give you nothing but your own; and you cannot refuse in the gross what you have so often acknowledged in detail. The admission of this, which will be so honourable to them and to _ you, will, indeed, be mortal to all the miserable stories by which the passions of the misguided people have been engaged in an unhappy system. The people heard, indeed, from the beginning of these disputes, one thing continually dinned in their ears: that reason and justice demanded, that 120 BURKE the Americans, who paid no taxes, should be compelled to contribute. How did that fact, of their paying nothing, stand, when the taxing system began? When Mr. Gren- ville began to form his system of American revenue, he stated in this House that the colonies were then in debt two million six hundred thousand pounds sterling money, and was of opinion they would discharge that debt in four years. On this state, those untaxed people were actually subject to the payment’of taxes to the amount of six hundred and fifty thousand a year. In fact, however, Mr. Grenville was mis- taken. The funds given for sinking the debt did not prove quite so ample as both the colonies and he expected. The calculation was too sanguine: the reduction was not com- pleted till some years after, and at different times in differ- ent colonies. However, the taxes after the war continued too great to bear any addition, with prudence or propriety ; and when the burdens imposed in consequence of former re- quisitions were discharged, our tone became too high to resort again to requisition. Nocolony, since that time, ever has had any requisition whatsoever made to it. We see the sense of the crown, and the sense of Parlia- ment, on the productive nature of arevenue by grant. Now search the same journals for the produce of the revenue by imposition. Where is it ?>—let us know the volume and the page. What is the gross, what is the net produce? To what service is it applied ? How have you appropriated its surplus ?>—What ! can none of the many skilful index-makers that we are now employing find any trace of it >—Well, let them and that rest together.—But are the journals, which say nothing of the revenue, as silent on the discontent P— Oh, no! a child may find it. It isthe melancholy burden and blot of every page. I think, then, I am, from those journals, justified in the sixth and last resolution, which is,—‘“‘ 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 CONCILIATION WITH AMERICA 121 more beneficial and conducive to the publicservice, than the mode of giving and granting aids and subsidies in Parliament, to be raised and paid in the said colonies.” This makes the whole of the fundamental part of the plan. The conclusion is irresistible. You can notsay that you were driven by any necessity to an exercise of the utmost rights of legislature. You cannot assert that you took on your- selves the task of imposing colony taxes, from the want of another legal body that is competent to the purpose of sup- plying the exigencies of the state without wounding the prejudices of the people. Neither is it true that the body so qualified, and having that competence, had neglected the duty. The question now, on all this accumulated matter is,— Whether you will choose to abide by a profitable experience or a mischievous theory ? Whether you choose to build on imagination or fact? whether you prefer enjoyment or hope ? satisfaction in your subjects, or discontent ? If these propositions are accepted, everything which has been made to enforce a contrary system must, I take it for sranted, fall along with it. On that ground, I have drawn the following resolution, which, when it comes to be moved, will naturally be divided in a proper manner :—“ That it may be proper to repeal an act, made in the seventh 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 drawback of the duties of customs, upon the exportation from this kingdom, of coffee and cocoa- nuts, of the produce of the said colonies or plantations ; for discontinuing the drawbacks payable on China earthenware exported to America; and for more effectually preventing the clandestine running of goods in the said colonies and plantations..—And also, that it may be proper to repeal an act, made in the fourteenth 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 merchan- 122 BURKE dise, at the town and within the harbor of Boston, in the province of Massachusetts Bay, in North America.’.—And also, that it may be proper to repeal an act made in the fourteenth year of the reign of his present Majesty, intituled, ‘An act for the impartial administration of justice, in the 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 the Massachusetts Bay, in New England.’—And also, that it may be proper to repeal an act, made in the fourteenth year of the reign of his present Majesty, intituled, ‘An act for the better regulating the government of the province of the Massachusetts Bay, in New England.’—And also, that it may be proper to explain and amend an act, made in the thirty-fifth year of the reign of King Henry the Eighth, intituled, ‘ An act for the trial of treasons committed out of the king’s dominions.’ ” I wish, Sir, to repeal the Boston Port Bill, because (in- dependently of the dangerous precedent of suspending the rights of the subject during the king’s pleasure) it was passed, as I apprehend, with less regularity, and on more par- tial principles, than it ought. The corporation of Boston was not heard before it was condemned. Other towns, full as guilty as she was, have not had their ports blocked up. Even the Restraining Bill of the present session does not go to the length of the Boston Port Act. The same ideas of prudence, which induced you not to extend equal punish- ment to equal guilt, even when you were punishing, induce me, who mean not to chastise, but to reconcile, to be satis- fied with the punishment already partially inflicted. Ideas of prudence and accommodation to circumstances prevent you from taking away the charters of Connecticut and Rhode Island, as you have taken away that of Massa- chusetts Colony, though the crown has far less power in the two former provinces than it enjoyed in the latter, and though the abuses have been full as great and as flagrant in the exempted as in the punished. The same reasons of prudence and accommodation have weight with me in restor- CONCILIATION WITH AMERICA 123 ing the charter of Massachusetts Bay. Besides, Sir, the act which changes the charter of Massachusetts is in many par- ticulars so exceptionable, that if I did not wish absolutely to repeal, I would by all means desire to alter it; as several of its provisions tend to the subversion of all public and private justice. Such, among others, is the power in the governor to change the sheriff at his pleasure, and to make a new returning officer for every special cause. It is shameful to behold such a regulation standing among English laws, The act for bringing persons accused of committing mur- der under the orders of government to England for trial is but temporary. That act has calculated the probable dura- tion of our quarrel with the colonies, and is accommodated to that supposed duration. I would hasten the happy moment of reconciliation, and therefore must, on my princi- ple, get rid of that most justly obnoxious act. The act of Henry the Eighth for the trial of treasons I do not mean to take away, but to confine it to its proper bounds and original intention: to make it expressly for trial of treasons (and the greatest treasons may be committed) in places where the jurisdiction of the crown does not extend. Having guarded the privileges of local legislature, I would next secure to the colonies a fair and unbiased judicature ; for which purpose, Sir, 1 propose the following resolution: —‘ That, from the time when the general assembly, or gen- eral 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 other judges of the superior courts, it may be proper that the said chief justice and other judges of the superior 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 governor, or the coun- cil, or the house of representatives, severally, of the colony 124 BURKE in which the said chief justice and other judges have exer- cised the said offices.” The next resolution relates to the courts of admiralty. It is this:—‘‘ That it may be proper to regulate the courts of admiralty or vice-admiralty, authorized by the 15th chapter of the 4th George the Third, 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 mainten- ance of the judges of the same.” These courts I do not wish to take away: they are in themselves proper establishments. This court is one of the capital securities of the Act of Navigation. The extent of its jurisdiction, indeed, has been increased; but this is al- together as proper, and is, indeed, on many accounts, more eligible, where new powers were wanted, than a court abso- lutely new. But courts incommodiously situated, in effect, deny justice; and a court partaking in the fruits of its own condemnation is a robber. The Congress complain, and complain justly, of this grievance. 4 These are the three consequential propositions. I have thought of two or three more; but they come rather too near detail, and to the province of executive government, which I wish Parliament always to superintend, never to assume. If the first six are granted, congruity will carry the latter three. If not, the things that remain unrepealed will be, I hope, rather unseemly incumbrances on the building than very materially detrimental to its strength and stability. Here, Sir, I should close, but that I plainly perceive some objections remain, which I ought, if possible, to remove. The first will be, that, in resorting to the doctrine of our an- cestors, as contained in the preamble to the Chester act, I prove too much: that the grievance from a want of repre- sentation, stated in that preamble, goes to the whole of legislation as well as to taxation: and that the colonies, erounding themselves upon that doctrine, will apply it to all parts of legislative authority. CONCILIATION WITH AMERICA 125 To this objection, with all possible deference and humility, and wishing as little as any man living to impair the small- est particle of our supreme authority, I answer, that the words are the words of Parliament, and not mine; and that all false and inconclusive inferences drawn from them are not mine; for I heartily disclaim any such inference. I have chosen the words of an act of Parliament, which Mr. Grenville, surely a tolerably zealous and very judicious advo- cate for the sovereignty of Parliament, formerly moved to have read at your table in confirmation of his tenets. It is true that Lord Chatham considered these preambles as de- claring strongly in favourof his opinions. He was a no less powerful advocate for the privileges of the Americans. Ought I not from hence to presume that these preambles are as favourable as possible to both, when properly under- stood: favourable both to the rights of Parliament, and to the privilege of the dependencies of this crown? But, Sir, the object of grievance in my resolution I have not taken from the Chester, but from the Durham act, which confines the hardship of want of representation to the case of subsidies, and which therefore falls in exactly with the case of the colo- nies, But whether the unrepresented counties were de jure or de facto bound the preambles do not accurately distinguish ; nor, indeed, was it necessary: for, whether de jure or de facto, the legislature thought the exercise of the power of taxing, as of right, or as of fact without right, equally a grievance, and equally oppressive. I do not know that the colonies have, in any general way, or in any cool hour, gone much beyond ‘the demand of im- munity in relation to taxes. It is not fair to judge of the temper or dispositions of any man or any set of men, when they are composed and at rest, from their conduct or their expressions in a state of disturbance and irritation. It is, besides, a very great mistake to imagine that mankind follow up practically any speculative principle, either of government or of freedom, as far as it will go in argument and logical illation. We Englishmen stop very short of the principles 126 BURKE upon which we support any given part of our Constitution or even the whole of it together. I could easily, if I had not already tired you, give you very striking and convincing instances of it. This is nothing but what is natural and proper. All government, indeed every human benefit and enjoyment, every virtue and every prudent act, is founded on compromise and barter. We balance inconveniences; we give and take; we remit some rights, that we may enjoy others; and we choose rather to be happy citizens than subtle disputants. As we must give away some natural liberty, to enjoy civil advantages, so we must sacrifice some civil liberties, for the advantages to be derived from the com- munion and fellowship of a great empire. But, in all fair dealings, the thing bought must bear some proportion tothe purchase paid. None will barter away the immediate jewel of his soul. Thougha great house is apt to make slaves haughty, yet it is purchasing a part of the artificial impor- tance of a great empire too dear, to pay for it all essential rights, and all the intrinsic dignity of human nature. None of us who would not risk his life rather than fall under a government purely arbitrary. But although there are some amongst us who think our Constitution wants many improve- ments to make it a complete system of liberty, perhaps none who are of that opinion would think it right to aim at such improvement by disturbing his country and risking every- thing that is dear to him. In every arduous enterprise we consider what we are to lose, as well as what we are to gain; and the more and better stake of liberty every people possess, the less they will hazard in a vain attempt to make it more. These are the cords of man. Man acts from adequate mo- tives relative to his interest, and not on metaphysical specu- lations. Aristotle, the great master of reasoning, cautions us, and with great weight and propriety, against this spe- cies of delusive geometrical accuracy in moral arguments, as the most fallacious of all sophistry. The Americans will have no interest contrary to the grandeur and glory of England, when they are not oppressed CONCILIATION WITH AMERICA 127 by the weight of it; and they will rather be inclined to respect the acts of a superintending legislature, when they see them the acts of that power which is itself the security, not the rival, of their secondary importance. In this assurance my mind most perfectly acquiesces,and I confess I feel not the least alarm from the discontents which are to arise from putting people at their ease; nor do I apprehend the de- struction of this empire from giving, by an act of free grace » and indulgence, to two millions of my fellow-citizens some share of those rights upon which I have always been taught to value myself. It is said, indeed, that this power of granting, vested in American assemblies, would dissolve the unity of the empire, —which was preserved entire, although Wales, and Chester, and Durham were added to it. Truly, Mr. Speaker, I do not know what this unity means; nor has it ever been heard of, that I know, in the constitutional policy of this country. The very idea of subordination of parts excludes this notion of simple and undivided unity. England is the head; but she is not the head and the members too. Ireland has ever had from the beginning a separate, but not an independent legislature, which, far from distracting, promoted the union of thewhole. Everything was sweetly and harmoniously disposed through both islands for the conservation of Eng- lish dominion and the communication of English liberties. I do not see that the same principles might not be carried into twenty islands, and with the same good effect. This is my model with regard to America, as far as the internal cir- cumstances of the two countries are the same. I know no other unity of this empire than I can draw from its example during these periods, when it seemed to my poor understand- ing more united than it is now, or than it is likely to be by the present methods. But since I speak of these methods, I recollect, Mr. Speaker, almost too late, that 1 promised before I finished to say something of the proposition of the noble lord ® on the floor, which has been so lately received, and stands on 128 BURKE your journals. I must be deeply concerned, whenever it is my misfortune tocontinue a difference with the majority of this House. But as the reasons for that difference are my apology for thus troubling you, suffer me to state them ina very few words. I shall compress them into as small a body as I possibly can, having already debated that matter at large, when the question was before the committee. First, then, I can not admit that proposition of a ransom by auction,—because it isa mere project. It is a thing new, unheard of, supported by no experience, justified by no anal- ogy, without example of our ancestors, or root in the Con- stitution. It is neither regular Parliamentary taxation nor colony grant. Experimentum in corpore vili is a good rule, which will ever make me adverse to any trial of experiments on what is certainly the most valuable of all subjects, the peace of this empire. 7 Secondly, it is an experiment which must be fatal in the end to our Constitution. For what is it but a scheme for taxing the colonies in the antechamber of the noble lord and his successors? To settle the quotas and proportions in this House is clearly impossible. You, Sir, may flatter yourself you shall sit 4 state auctioneer, with your hammer in your hand, and knock down to each colony as it bids. But to settle (on the plan laid down by the noble lord) the true proportional payment for four or five and twenty gov- ernments, according to the absolute and the relative wealth of each, and according to the British proportion of wealth and burden, is a wild and chimerical notion. This new taxation must therefore come in by the back door of the Constitution. Each quota must be brought to this House ready formed. You can neither add nor alter. You must register it. You can do nothing further. For on what grounds can you de- liberate either before or after the proposition? You cannot hear the council for all these provinces, quarreling each on its own quantity of payment, and its proportion to others. If you should attempt it, the Committee of Provincial Ways and Means, or by whatever other name CONCILIATION WITH AMERICA 129 it will delight to be called, must swallow up all the time of Parliament. Thirdly, it does not give satisfaction to the complaint of the colonies. They complain that they are taxed without their consent. You answer, that you will fix the sum at which they shall be taxed. That is, you give them the very grievance for the remedy. You tell them, indeed, that you will leave the mode to themselves. I really beg pardon; it gives me pain to mention it ; but you must be sensible that you will not perform this part of the compact. For suppose the colonies were to lay the duties which furnished their contingent upon the importation of your manufactures ; you know you would never suffer such a tax to be laid. You know, too, that you would not suffer many other modes of taxation. So that, when you come to explain yourself, it will be found that you will neither leave to themselves the quantum nor the mode, nor indeed anything. The whole is delusion, from one end to the other. | Fourthly, this method of ransom by auction, unless it be universally accepted, will plunge you into great and inextric- able difficulties. In what year of our Lord are the propor- tions of payments to be settled? To say nothing of the impossibility that colony agents should have general powers of taxing the colonies at their discretion, consider, I implore you, that the communication by special messages and orders between these agents and their constituents on each varia- tion of the case, when the parties come to contend together, and to dispute on their relative proportions, will be a matter of delay, perplexity, and confusion, that never can have an end. If all the colonies do not appear at the outcry, what is the condition of those assemblies who offer, by themselves or their agents, to tax themselves up to your ideas of their proportion? The refractory colonies, who refuse all com- position, will remain taxed only to your old impositions, which, however grievous in principle, are trifling as to pro- duction. The obedient colonies in this scheme are heavily 2 130 BURKE taxed; the refractory remain unburdened. What will you do? Will you lay new and heavier taxes by Parliament on the disobedient ? Pray consider in what way you can do it. You are perfectly convinced, that, in the way of taxing, you can do nothing but at the ports. Now suppose it is Virginia that refuses to appear at your auction, while Mary- land and North Carolina bid handsomely for their ransom, and are taxed to your quota, how will you put these col- onies on a par? Will you tax the tobacco of Virginia? If you do, you give its death-wound to your English revenue at home, and to one of the very greatest articles of your own 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 clew 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 burden those whom upon every prin- ciple you ought to exonerate. He must be grossly ignorant of America, who thinks that, without falling into this con- fusion 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 con- . fusion 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 repartition 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 punc- tual payment. Suppose one, two, five, ten years’ arrears. CONCILIATION WITH AMERICA 131 You cannot issue a Treasury extent against the failing colony. You must make new Boston port bills, new re- straining 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 theirtaste. I say, this scheme of disunion seems to be at the bottom of the project; for I 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 I propose the peace and union of the colonies as the very foundation of my plan, it can not 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 univer- sal: 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 aruling people: gratuitous, unconditional, and not held out as matter of bargain and sale. I have done my duty in proposing it to you. Ihave, indeed, tired you by a long dis- course; but this is the misfortune of those to whose influence 132 BURKE nothing will be conceded, and who must win every inch of their ground by argument. You have heard me with good- ness. May you decide with wisdom! For my part, I feel my mind greatly disburdened 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, I have steadily opposed the measures that have pro- duced the confusion, and may bring on the destruction, of this empire. I now go so far as to risk a proposal of my own. If Icannot give peace to my country, I give it to my conscience. But what (says the financier) is peace to us without money? Your plan gives us no revenue.—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: I1: 2%ths, nor any other paltry limited sum; but it gives the strong- box itself, the fund, the bank, from whence only revenues can arise amongst a people sensible of freedom: Posita ludi- tur arca. Cannot you in England, can not you at this time of day, can not you, an House of Commons, trust to the principle which has raised so mighty a revenue, and accu- mulated a debt of near 140 millions in this country? Is this principle to be true in England and false everywhere 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 neg- lect to perform its duty, and abdicate its trust? Such a presumption would go against all government 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 sup- porting the honourof their own government, that sense of CONCILIATION WITH AMERICA 133 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 accumu- lated. 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 more copious stream of revenue than could be squeezed from the dry husks of oppressed indigence by the straining of all the politic machinery in the world ? Next, we know that parties must ever exist in a free country. Weknow, too, that the emulations of such parties, their contradictions, their reciprocal 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 game- sters; but government keeps the table, and is sure to be the winner intheend. 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 what- ever 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. “ Kase 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, ever-growing, eternal debt which is due to gener- ous government from protected freedom. And so may I 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 com- pulsory compact. But to clear up my ideas on this subject,—a revenue from America transmitted hither. Do not delude yourselves: you can never receive it,—no, not a shilling. We have ex- perience that from remote countries it is not to be expected. 134 BURKE If, when you attempted to extract revenue from Bengal, you were obliged to return in loan what you had taken in im- position, what can you expect from North America? For, certainly, if ever there 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 per- formed her part to the British revenue. But with regard to her own internal establishments, she may, I doubt not she will, contribute in moderation. J say in moderation; for she ought not to be permitted to exhaust herself. She ought to be reserved to awar; 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 Consti- tution. 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 as- sociated 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 everything 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 conse- crated to our common faith, wherever the chosen race and sons of England worship freedom, they will turn their faces towards you. The more they multiply, the more friends CONCILIATION WITH AMERICA 135 you will have; 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 un- til 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 your letters of office, and your instructions, and your suspending clauses are the things that hold to- gether the great contexture of this mysterious whole. These things do not make your government. Dead instru- ments, passive tools as they are, it is the spirit of the English communion that gives all their life and efficacy to them. It is the spirit of the English Constitution, which, infused through the mighty mass, pervades, feeds, unites, invigorates, vivifies every part of the empire, even down to the minutest member. Is it not the same virtue which does everything for us here in England? Do you imagine, then, that it is the Land-tax Act which raises your revenue? that it isthe 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 bea base rabble and your navy nothing but rotten timber. 136 | BURKE All this, I know well enough, will sound wild and chimer- ical to the profane herd of those vulgar and mechanical poli- ticians 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 opin- ion of such men as I have mentioned have no substantial existence, are in truth everything, and all inall. Magnanimity in politics is not seldom the truest wisdom ; and a great em- pire and little minds go ill together. If we are conscious of our situation, and glow with zeal to fill our place as be- comes our station and ourselves, we ought to auspicate all our public proceedings on America with the old warning of the Church, “Sursumcorda!’’ 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 wilder- ness into a glorious empire, and have made the most exten- sive 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 govern- ments, and containing two millions and upwards of free in- habitants, have not had the liberty and privilege of electing and sending any knights and burgesses, or others, to repre- sent 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, CONCILIATION WITH AMERICA 137 and taxes; given and granted by Parliament, though the said colonies and plantations have not their knights and bur- gesses in the said high court of Parliament, of their own election, to represent the condition of their country ; dy 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.” “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 Gen- eral 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.” #8 ‘“‘ 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 Secre- taries 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 seventh year of the reign of his present Majesty, intituled, ‘An act for granting certain duties in the British colonies 138 BURKE and plantations in America; for allowing a drawback of the duties of customs, upon the exportation from this kingdom, of coffee and cocoa-nuts, of the produce of the said colonies or plantations; for discontinuing the drawbacks 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 fourteenth 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 Massa- chusetts Bay, in North America.’” “ That it may be proper to repeal an act, made in the four- teenth year of the reign of his present Majesty, intituled, ‘An act for the impartial administration of justice, in the 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 the Massachusetts Bay, in New England.’ ”’ ? “That it may be proper to repeal an act, made in the fourteenth year of the reign of his present Majesty, intituled, ‘An act for the better regulating the government of the prov- ince of the Massachusetts Bay, in New England.’ ” “That it may be proper to explain and amend an act, made in the thirty-fifth year of the reign of King Henry the Eighth, intituled, ‘An act forthe trial of treasons committed out of the king’s dominions.’ ” “That, from the time when the general assembly, or gen- eral 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 other judges of the superior courts, it may be proper that the said chief justice and other judges of the superior courts of such colony shall hold his and their office and offices during their good behaviour, and shall not be removed therefrom, but when CONCILIATION WITH AMERICA 139 the said removal shall be adjudged by his Majesty in coun- cil, upon a hearing on complaint from the general assembly, or on acomplaint from the governor, or the council, or the house of representatives, severally, of the colony in which the said chief justice and other judges have exercised the said offices.” “That it may be proper to regulate the courts of ‘admiralty or vice-admiralty, authorized by the 15th chapter of the 4th George the Third, 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 same.” NOTES I, The act to restrain the trade and commerce of the provinces of Massachu- setts Bay and New Hampshire, and colonies of Connecticut and Rhode Island and Providence Plantation, in North America, to Great Britain, Ireland, and the British Islands in the West Indies: and to prohibit such provinces and colonies from carrying on any fishery on the banks of Newfoundland, and other places therein mentioned under certain conditions and limitations. 2. Mr. Rose Fuller. 3. “ That when the governor, council, and assembly, or general court, of any of his Majesty’s provinces or colonies in America shall propose to make pro- vision, according to the condition, circumstances, and situation of such province or colony, for contributing their proportion to the common defense, (such proportion to be raised under the authority of the general court or gen- eral assembly of such province or colony, and disposable by Parliament), and shall engage to make provision also for the support of the civil government and the administration of justice in such province or colony, it will be proper, if such proposal shall be approved by his Majesty and the two Houses of Par- liament, and for so long as such provision shall be made accordingly, to for- bear, in respect of such province or colony, to levy any duty, tax, or assess- ment, or to impose any farther duty, tax, or assessment, except only such duties as it may be expedient to continue to levy or to impose for the regu- lation of commerce: the net produce of the duties last mentioned to be carried to the account of such province or colony respectively.”—Resolution moved by Lord North in the Committee, and agreed to by the House, 27th February, 1775. . Mr. Glover. . The Attorney-General. . Mr. Rice. . Lord North. . Journals of the House, Vol. XXV. ON An ff 140 BURKE 9. Journals of the House, Vol. XXVII. to. Ibid. 11. The Solicitor-General informed Mr. Burke, when the resolutions were sepa- rately moved, that the grievance of the judges partaking of the profits of the seizure had been redressed by office; accordingly the resolution was amended. 12. Lord North. 13. 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 practise to insert such amendments in the votes. ON CERTAIN POINTS RELATIVE TO HIS PARLIAMENTARY CONDUCT Delivered in the Guildhall, Bristol, previous to the election in that city, September 6, 1780. R. MAYOR, AND GENTLEMEN,—I am extremely pleased at the appearance of this large and respect- able meeting. The steps I may be obliged to take will want the sanction of a considerable authority ; and in explaining anything which may appear doubtful in my public conduct, I must naturally desire a very full audience. I have been backward to begin my canvass. The dissolu- tion of the Parliament was uncertain; and it did not become me, by an unseasonable importunity, to appear diffident of the effect of my six years’ endeavours to please you.» I had served the city of Bristol honourably, and the city of Bristol had no reason to think that the means of honourable service to the public were become indifferent to me. I found, on my arrival here, that three gentlemen had been long in eager pursuit of an object which but two of us can obtain. I found that they had all met with encourage- ment. A contested election in such a city as this is no light thing. I paused on the brink of the precipice. These three gentlemen, by various merits, and on various titles, I made no doubt were worthy of your favour. I shall never attempt to raise myself by depreciating the merits of my competi- tors. In the complexity and confusion of these cross pur- suits, I wished to take the authentic public sense of my 141 142 BURKE friends upon a business of so much delicacy. I wished to take your opinion along with me, that, if I should give up the contest at the very beginning, my surrender of my post may not seem the effect of inconstancy, or timidity, or anger, or disgust, or indolence, or any other temper unbecoming a man who has engaged in the public service. If, on the con- trary, I should undertake the election, and fail of success, I was full as anxious that it should be manifest to the whole world that the peace of the city had not been broken by my rashness, presumption, or fond conceit of my own merit. I am not come, by a false and counterfeit show of defer- ence to your judgment, to seduce it in my favour. I ask it seriously and unaffectedly. If you wish that I should retire, I shall not consider that advice as a censure upon my con- duct, or an alteration in your sentiments, but as a rational submission to the circumstances of affairs. If, on the con- trary, you should think it proper for me to proceed on my canvass, if you will risk the trouble on your part, I will risk it on mine. My pretensions are such as you can not be ashamed of, whether they succeed or fail. If you call upon me, I shall solicit the favour of the city upon manly ground. I come before you with the plain con- fidence of an honest servant in the equity of a candid and discerning master. I come to claim your approbation, not to amuse you with vain apologies, or with professions still more vain and senseless. I have lived too long to be served by apologies, or to stand in need of them. The part I have acted has been in open day; and to hold out to a conduct which stands in that clear and steady light for all its good and all its evil, to hold out to that conduct the paltry wink- ing tapers of excuses and promises,—I never will do it. They may obscure it with their smoke, but they never can illumine sunshine by such a flame as theirs. I am sensible that no endeavours have been left untried to injure mein your opinion. But the use of character is to © be a shield against calumny. I could wish, undoubtedly, (if idle wishes were not the most idle of all things), to make every PARLIAMENTARY CONDUCT 143 part of my conduct agreeable to every one of my constit- uents; but in so great a city, and so greatly divided as this, it is weak to expect it. In such a discordancy of sentiments it is better to look to the nature of things than to the humours of men. The very at- tempt towards pleasing everybody discovers a temper always flashy, and often false and insincere. Therefore, as I have proceeded straight onward in my conduct, so I will proceed in my account of those parts of it which have been most ex- cepted to. But I must first beg leave just to hint to you that we may suffer very great detriment by being open to every talker. It is not to be imagined how much of service is lost from spirits full of activity and full of energy, who are press- ing, who are rushing forward, to great and capital objects, when you oblige them to be continually looking back. Whilst they are defending one service, they defraud you of an hundred. Applaud us when we run, console us when we fall, cheer us when we recover; but let us pass on,—for God’s sake, let us pass on! Do you think, Gentlemen, that every public act in the six years since I stood in this place before you,that all the arduous things which have been done in this eventful period which has crowded into a few years’ space the revolutions of an age, can be opened to you on their fair grounds in half an hour’s conversation ? But it is no reason, because there is a bad mode of in- quiry, that there should be no examination at all. Most certainly it is our duty to examine; it is our interest, too: but it must be with discretion, with an attention to all the circumstances and to all the motives; like sound judges, and not like cavilling pettifoggers and quibbling pleaders, prying into flaws and hunting for exceptions. Look, Gentlemen, to the whole tenor of your member’sconduct. Try whether his ambition or his avarice have justled him out of the . straight line of duty,—or whether that grand foe of the offices of active life, that master vice in men of business, a degenerate and inglorious sloth, has made him flag and lan- 144 BURKE guish in his course. This is the object of our inquiry. If our member’s conduct can bear this touch, mark it for ster- ling. He may have fallen into errors, he must have faults; but our error is greater, and our fault is radically ruinous to ourselves, if we do not bear, if we do not even applaud, the whole compound and mixed mass of such a character. Not to act thus is folly; I had almost said it is impiety. He censures God who quarrels with the imperfections of man. Gentlemen, we must not be peevish with those who serve the people; for none will serve us, whilst there is a court to serve, but those who are of a nice and jealous honour. They who think everything, in comparison of that honour, to be dust and ashes, will not bear to have it soiled and im- paired by those for whose sake they make a thousand sacrifices to preserve it immaculateand whole. We shall either drive such men from the public stage, or we shall send them to the court for protection, where, if they must sacrifice their rep- utation, they will at least secure their interest. Depend upon it, that the lovers of freedom will be free. None will violate their conscience to please us, in order afterwards to discharge that conscience, which they have violated, by do- ing us faithful and affectionate service. If we degrade and deprave their minds by servility, it will be absurd to expect that they who are creeping and abject towards us will ever be bold and incorruptible assertors of our freedom against the most seducing and the most formidable of all powers. No! human nature is not so formed; nor shall we improve the faculties or better the morals of public men by our pos- session of the most infallible receipt in the world for making cheats and hypocrites. Let me say, with plainness, I who am no longer in a pub- lic character, that, if, by a fair, by an indulgent, by a gentle- manly behaviour, to our representatives, we do not give con- fidence to their minds and a liberal scope to their under- standings, if we do not permit our members to act upon a very enlarged view of things, we shall at length infallibly PARLIAMENTARY CONDUCT 145 degrade our national representation into a confused and scuffling bustle of local agency. When the popular member is narrowed in his ideas and rendered timid in his proceed- ings, the service of the crown will be the sole nursery of statesmen. Among the frolics of the court, it may at length take that of attending to its business. Then the monopoly of mental power will be added to the power of all other kinds it possesses. On the side of the people there will be nothing but impotence: for ignorance is impotence; narrowness of mind is impotence; timidity is itself impotence, and makes all other qualities that go along with it impotent and useless, At present it is the plan of the court to make its servants insignificant. Ifthe people should fall into the same humour, and should choose their servants on the same principles of mere obsequiousness and flexibility and total vacancy or in- difference of opinion in all public matters, then no part of the state will be sound, and it will be in vain to think of saving it. I thought it very expedient at this time to give you this candid counsel; and with this counsel I would. willingly close, if the matters which at various times have been ob- jected to me in this city concerned only myself and my own election. These charges, I think, are four in number: my neglect of a due attention to my constituents, the not paying more frequent visits here; my conduct on the affairs of the first Irish Trade Acts; my opinion and mode of proceeding | on Lord Beauchamp’s Debtors’ Bills; and my votes on the late affairs of the Roman Catholics. All of these (except perhaps the first) relate to matters of very considerable public concern ; and it is not lest you should censure me improp- erly, but lest you should form improper opinions on matters of some moment to you, that I trouble you at all upon the subject. My conduct is of small importance. With regard to the first charge, my friends have spoken to me of it in the style of amicable expostulation,—not so much blaming the thing as lamenting the effects. Others, less partial to me, were less kind in assigning the motives. I 10 146 BURKE admit, there is a decorum and propriety in a member of Par- liament’s paying a respectful court to his constituents. If I were conscious to myself that pleasure, or dissipation, or low, unworthy occupations had detained me from personal attendance on you, I would readily admit my fault, and quietly submit to the penalty. But, Gentlemen, I live at an hundred miles’ distance from Bristol; and at the end of a session I come to my own house, fatigued in body and in mind, toa little repose, and to a very little attention to my family and my private concerns. A visit to Bristol is always a sort of canvass, else it will do more harm than good. To pass from the toils of a session to the toils of a canvass is the furthest thing in the world from repose. I could hardly serve you as I have done, and court you too. Most of you have heard that I do not very remarkably spare myself in public business ; and in the private business of my constituents I have done very near as much as those who have nothing else to do. My canvass of you was not on the ’change, nor in the county meetings, nor in the clubs of this city: it was in the House of Commons; it was at the Custom-House; it was at the Council; it was at the Treasury; it was at the Admiralty. I canvassed you through your affairs, and not your persons. I was not only your representative as a body; I was the agent, the solicitor of individuals ; I ran about wherever your affairs could call me; and inacting for you, I often appeared rather as a ship-broker than as a member of Parliament. There was nothing too laborious or too low for me to under- take. The meanness of the business was raised by the dig- nity of the object. If some lesser matters have slipped through my fingers, it was because I filled my hands too full, and, in my eagerness to serve you, took in more than any hands could grasp. Several gentlemen stand round me whoare my willing witnesses ; and there are others who, if they were here, would be still better, because they would be unwilling witnesses to the same truth. It was in the middle of a sum- mer residence in London, and in the middle of a negotiation at the Admiralty for your trade, that I was called to Bristol ; a PANTRY ~ PARLIAMENTARY CONDUCT 147 and this late visit, at this late day, has been possibly in pre- judice to your affairs. Since I have touched upon this matter, let me say, Gentle- men, that, if I had a disposition or a right to complain, I have some cause of complaint on my side. Witha petition of this city in my hand, passed through the corporation without a dissenting voice, a petition in unison with almost the whole voice of the kingdom, (with whose formal thanks I was covered over), whilst I laboured on no less than five bills for a public reform, and fought, against the opposition of great abilities and of the greatest power, every clause and every word of the largest of those bills, almost to the very last day of a very long session,—all this time a canvass in Bristol was as calmly carried on as if I were dead. I was considered as a man wholly out of the question. Whilst I watched and fasted and sweated in the House of Commons, by the most easy and ordinary arts of election, by dinners and visits, by ‘“ How do you dos,” and “ My worthy friends,” I was to be quietly moved out of my seat,—and promises were made, and engagements entered into, without any ex- ception or reserve, as if my laborious zeal in my duty had been a regular abdication of my trust. To open my whole heart to you on this subject, I do con- fess, however, that there were other times, besides the two years in which I did visit you, when I was not wholly with- out leisure for repeating that mark of my respect. But I could not bring my mind to see you. You remember that in the beginning of this American war (that era of calamity, disgrace, and downfall, an era which no feeling mind will ever mention without a tear for England) you were greatly divided,—and a very strong body, if not the strongest, op- posed itself to the madness which every art and every power were employed to render popular, in order that the errors of the rulers might be lost in the general blindness of the na- tion. This opposition continued until after our great, but © most unfortunate victory at Long Island. Then all the mounds and banks of our constancy were borne down at 148 - BURKE once, and the frenzy of the American war broke in upon us like a deluge. This victory, which seemed to put an im- mediate end to all difficulties, perfected us in that spirit of domination which our unparalleled prosperity had but too long nurtured. We had been so very powerful, and so very prosperous, that even the humblest of us were degraded into the vices and follies of kings. We lost all measure be-- tween means and ends; and our headlong desires became our politics and our morals. Allmen who wished for peace, or retained any sentiments of moderation, were overborne or silenced; and this city was led by every artifice (and probably with the more management because I was one of your members) to distinguish itself by its zeal for that fatal cause. In this temper of yours and of my mind, I should sooner have fled to the extremities of the earth than have shown myself here. I, who saw in every American victory © (for you have had a long series of these misfortunes) the germ and seed of the naval power of France and Spain, which all our heat and warmth against America was only hatching into life,—I should not have been a welcome visi- tant, with the brow and the language of such feelings. When afterwards the other face of your calamity was turned upon you, and showed itself in defeat and distress, I shunned you full as much. I felt sorely this variety in our wretched- ness; and I did not wish to have the least appearance of in- sulting you with that show of superiority, which, though it may not be assumed, is generally suspected, in a time of calamity, from those whose previous warnings have been despised. Icould not bear to show you a representative whose face did not reflect that of his constituents,—a face that could not joy in, your joys, and sorrow in your sorrows, But time at length has made us all of one opinion, and we have all opened our eyes on the true nature of the American war,—to the true nature of all its successes and all its failures. In that public storm, too, I had my private feelings. I had seen blown down and prostrate on the ground several of PARLIAMENTARY CONDUCT 149 those houses to whom I was chiefly indebted for the honour this city has done me. I confess, that, whilst the wounds of those I loved were yet green, I could not bear to show myself in pride and triumph in that place into which their partiality had brought me, and to appear at feasts and re- joicings in the midst of the grief and calamity of my warm friends, my zealous supporters, my generous benefactors. This is a true, unvarnished, undisguised state of the affair. You will judge of it. This is the only one of the charges in which I am_person- ally concerned. Asto the other matters objected against me, which in their turn I shall mention to you, remember once more 1 do not mean to extenuate or excuse. Why should I, when the things charged are among those upon which I found all my reputation? What would be left to me, if I myself was the man who softened and blended and diluted and weakened all the distinguishing colours of my life, so as to leave nothing distinct and determinate in my whole conduct? It has been said, and it is the second charge, that in the questions of the Irish trade I did not consult the interest of my constituents,—or, to speak out strongly, that I rather acted as a native of Ireland than as an English member of Parliament. I certainly have very warm good wishes for the place of my birth. But the sphere of my duties is my true country. It was as a man attached to your interests, and zealous for the conservation of your power and dignity, that I acted on that occasion, and on all occasions. You were involved in the American war. A new world of policy was opened, to which it was necessary we should conform, whether we would or not; and my only thought was how to conform to our situation in such a manner as to unite to this kingdom, in prosperity and in affection, whatever remained of the em- pire. I was true to my old, standing, invariable principle, that all things which came from Great Britain should issue as a gift of her bounty and beneficence, rather than as claims 150 BURKE recovered against a struggling litigant,—or at least, that, if your beneficence obtained no credit in your concessions, yet that they should appear the salutary provisions of your wisdom and foresight, not as things wrung from you with your blood by the cruel gripe of a rigid necessity. The first concessions, by being (much against my will) mangled and stripped of the parts which were necessary to make out their just correspondence and connection in trade, were of . no use. The next year a feeble attempt was made to bring the thing into better shape. This attempt (countenanced by the minister), on the very first appearance of some popu- lar uneasiness, was, after a considerable progress through the House, thrown out by him. What was the consequence? The whole kingdom of Ireland was instantly in a flame. Threatened by foreigners, and, as they thought, insulted by England, they resolved at once to resist the power of France and to cast off yours. As for us, we were able neither to protect nor to restrain them. Forty thousand men were raised and disciplined without commission from the crown. Two illegal armies were seen with banners displayed at the same time and in the same country. No executive magistrate, no judicature, in Ireland, would acknowledge the legality of the army which bore the king’s commission ; and no law, or appearance of law, authorized the army commissioned by itself. In this unexampled state of things, which the least error, the least trespass on the right or left, would have hurried down the precipice into an abyss of blood and confusion, the people ~ of Ireland demand a freedom of trade with arms in their hands. They interdict all commerce between the two na- tions. They deny all new supply in the House of Com- mons, although in time of war. They stint the trust of the old revenue, given for two years to all the king’s predeces- sors, to six months. The British Parliament, in a former session, frightened into a limited concession by the menaces of Ireland, frightened out of it by the menaces of England, was now frightened back again, and made an universal sur- PARLIAMENTARY CONDUCT 151 render of all that had been thought the peculiar, reserved, uncommunicable rights of England: the exclusive commerce. of America, of Africa, of the West Indies,—all the enumera- tions of the Acts of Navigation,—all the manufactures,— iron, glass, even the last pledge of jealousy and pride, the interest hid in the secret of our hearts, the inveterate preju- dice molded into the constitution of our frame, even the sacred fleece itself, all went together. No reserve, no ex- ception; no debate, no discussion. A sudden light broke in upon us all. It broke in, not through well-contrived and. well-disposed windows, but through flaws and breaches,— through the yawning chasms of our ruin. We were taught wisdom by humiliation. No town in England presumed to have a prejudice, or dared to mutter a petition. What was worse, the whole Parliament of England, which retained au- thority for nothing but surrenders, was despoiled of every shadow ofits superintendence. It was, without any qualifica- tion, denied in theory, as it had been trampled upon in prac- tise. This scene of shame and disgrace has, in a manner, whilst I am speaking, ended by the perpetual establishment of a military power in the dominions of this crown, without consent of the British legislature,! contrary to the policy of the Constitution, contrary to the Declaration of Right; and by this your liberties are swept away along with your su- preme authority,—and both, linked together from the begin- ning, have, I am afraid, both together perished forever. What! Gentlemen, was I not to foresee, or foreseeing, was I not to endeavour to save you from all these multiplied mischiefs and disgraces? Would the little, silly, canvass prattle of obeying instructions, and having no opinions but yours, and such idle, senseless tales, which amuse the vacant ears of unthinking men, have saved you from “the pelting of that pitiless storm,” to which the loose improvidence, the cowardly rashness, of those who dare not look danger in the face so as to provide against it in time, and therefore throw themselves headlong into the midst of it, have exposed this degraded nation, beat down and prostrate on the earth, un- 152 | ' BURKE -sheltered, unarmed, unresisting ? Was I an Irishman on that day that I boldly withstood our pride? or on the day that I hung down my head, and wept in shame and silence over the humiliation of Great Britain? I became unpopular in England for the one, and in Ireland for the other. What then? What obligation lay on me to be popular? Iwas bound to serve both kingdoms. To be pleased with my service was their affair, not mine. I was an Irishman in the Irish business, just as much as I was an American, when, on the same principles, I wished you to concede to America at a time when she prayed con- cession at our feet. Just as much was I an American, when I wished Parliament to offer terms in victory, and not to wait the well-chosen hour of defeat, for making good by weakness and by supplication a claim of prerogative, pre- eminence, and authority. Instead of requiring it from me, asa point of duty, to kindle with your passions, had you all been as cool as I was, | you would have been saved disgraces and distresses that are unutterable. Do you remember our commission? We sent out a solemn embassy across the Atlantic Ocean, to lay the crown, the peerage, the commons of Great Britain at the feet of the American Congress. That our disgrace might want no sort of brightening and burnishing, observe who they were that composed this famous embassy. My Lord Carlisle is among the first ranks of our nobility. He is the identical man who, but two years before, had been put for- ward, at the opening of a session, in the House of Lords, as the mover of an haughty and rigorous address against America. He was put in the front of the embassy of sub- mission. Mr. Eden was taken from the office of Lord Suf- folk, to whom he was then Under-Secretary of State,—from the office of that Lord Suffolk who but a few weeks before, in his place in Parliament, did not deign to inquire where a congress of vagrants was to be found. This Lord Suffolk sent Mr. Eden to find these vagrants, without knowing where his king’s generals were to be found who were joined in the PARLIAMENTARY CONDUCT 153 same commission of supplicating those whom they were sent to subdue. They enter the capital of America only to abandon it; and these assertors and representatives of the dignity of England, at the tail of a flying army, let fly their Parthian shafts of memorials and remonstrances at random behind them. Their promises and their offers, their flatteries and their menaces, were all despised ; and we were saved the disgrace of their formal reception only because the Congress scorned to receive them; whilst the state-house of independ- ent Philadelphia opened her doors to the public entry of the ambassador of France. From war and blood we went to submission, and from submission plunged back again to war and blood, to desolate and be desolated, without measure, hope, orend. I ama Royalist: I blushed for this degrada- tion of the crown. I ama Whig; I blushed for the dis- honour of Parliament. I amatrue Englishman: I felt to the quick for the disgrace of England. I ama man: J felt for the melancholy reverse of human affairs in the fall of the first power in the world. To read what was approaching in Ireland, in the black and bloody characters of the American war, was a painful, but it was a necessary part of my public duty. For, Gentlemen, it is not your fond desires or mine that can alter the nature of things; by contending against which, what have we got, or shall ever get, but defeat and shame? I did not obey your instructions. No. I conformed to the instructions of truth and Nature, and maintained your interest, against your opinions, with a constancy that became me. A representa- tive worthy of you ought to be a person of stability. I am to look, indeed, to your opinions,—but to such opinions as you and I must have five years hence. I was not to look to the flash of the day. I knew that you chose me, in my place, along with others, to bea pillar of the state, and not a weathercock on the top of the edifice, exalted for my levity and versatility, and of no use but to indicate the shiftings of ‘every fashionable gale. Would to God the value of my sentiments on Ireland and on America had been at this day eee BURKE a subject of doubt and discussion! No matter what my suf- ferings had been, so that this kingdom had kept the au- thority I wished it to maintain, by a grave foresight, and by an equitable temperance in the use of its power. The next article of charge on my public conduct, and that which I find rather the most prevalent of all, is Lord Beau- champ’s bill: I mean his bill of last session, for reforming the law-process concerning imprisonment. It is said, to ag- gravate the offense, that I treated the petition of this city with contempt even in presenting it to the House, and ex- pressed myself in terms of marked disrespect. Had this latter part of the charge been true, no merits on the side of the question which I took could possibly excuse me. But I am incapable of treating this city with disrespect. Very fortunately, at this minute (if my bad eyesight does not de- ceive me), the worthy gentleman? deputed on this business stands directly before me. To him I appeal, whether I did not, though it militated with my oldest and my most recent public opinions, deliver the petition with a strong and more than usual recommendation to the consideration of the House, on account of the character and consequence of those who signed it. I believe the worthy gentleman will tell you, that, the very day I received it, I applied to the Solic- | itor, now the Attorney General, to give it an immediate consideration; and he most obligingly and instantly con- sented to employ a great deal of his very valuable time to write an explanation of the bill. I attended the committee with all possible care and diligence, in order that every ob- jection of yours might meet with a solution, or produce an alteration. I entreated your learned recorder (always ready in business in which you take a concern) to attend. But what will you say to those who blame me for supporting Lord Beauchamp’s bill, as a disrespectful treatment of your petition, when you hear, that, out of respect to you, I myself was the cause of the loss of that very bill? For the noble lord who brought it in, and who, I must say, has much merit - for this and some other measures, at my request consented PARLIAMENTARY CONDUCT 155 to put it off for a week, which the Speaker’s illness length- ened to a fortnight; and then the frantic tumult about Popery drove that and every rational business from the House. So that, if I chose to make a defense of myself, on the little principles of a culprit, pleading in his exculpation, I might not only secure my acquittal, but make merit with the opposers of the bill. But I shall do no such thing. The truth is, that I did occasion the loss of the bill, and by a delay caused by my respect to you. But such an event was never in my contemplation. And I am so far from tak- ing credit for the defeat of that measure, that I can not suf- ficiently lament my misfortune, if but one man, who ought to be at large, has passed a year in prison by my means. I am.a debtor to the debtors. I confess judgment. I owe what, if ever it be in my power I shall most certainly pay,— ample atonement and usurious amends to liberty and hu- manity for my unhappy lapse. For, Gentlemen, Lord Beauchamp’s bill was a law of justice and policy, as far as it went: I say, as far as it went; for its fault was its being in the remedial part miserably defective. There are two capital faults in our law with relation to civil debts. One is, that every man is presumed solvent: a presumption, in innumerable cases, directly against truth. Therefore the debtor is ordered, on a supposition of ability and fraud, to be coerced his liberty until he makes payment. By this means, in all cases of civil insolvency, without a par- don from his creditor, he is to be imprisoned for life; and thus a miserable mistaken invention of artificial science operates to change a civil into a criminal judgment, and to scourge misfortune or indiscretion with a punishment which the law does not inflict on the greatest crimes. | The next fault is, that the inflicting of that punishment is not on the opinion of an equal and public judge, but is referred to the arbitrary discretion of a private, nay, inter- ested, and irritated, individual. He, who formally is, and substantially ought to be, the judge, is in reality no more than ministerial, a mere executive instrument of a private 156 BURKE man, who is at once judge and party. Every idea of judi. cial order is subverted by this procedure. If the insolvency be no crime, why is it punished with arbitrary imprison- ment? If it be a crime, why is it delivered into private hands to pardon without discretion, or to punish without mercy and without measure? To these faults, gross and cruel faults in our law, the ex- cellent principle of Lord Beauchamp’s bill applied some sort of remedy. I know that credit must be preserved: but equity must be preserved, too; and it is impossible that anything should be necessary to commerce which is incon- sistent with justice. The principle of credit was not weak- ened by that bill. God forbid! The enforcement of that credit was only put into the same public judicial hands on which we depend for our lives and all that makes life dear to us. But, indeed, this business was taken up too warmly, both here and elsewhere. The bill was extremely mistaken. It was supposed to enact what it never enacted; and com- plaints were made of clauses in it, as novelties, which existed before the noble lord that brought in the bill was born. There was a fallacy that ran through the whole of the objec- tions. The gentlemen who opposed the bill always argued as if the option lay between that bill and the ancient law. But this is a grand mistake. For, practically, the option is between not that bill and the old law, but between that bill. and those occasional laws called acts of grace. For the operation of the old law is so savage, and so inconvenient to society, that for along time past, once in every Parliament, — and lately twice, the legislature has been obliged to make a ~ general arbitrary jail-delivery, and at once to set open, by its sovereign authority, all the prisons in England. Gentlemen, I never relished acts of grace, nor ever sub- mitted to them but from despair of better. They are a dis- honourable invention, by which, not from humanity, not from policy, but merely because we have not room enough to hold these victims of the absurdity of our laws, we turn loose upon the public three or four thousand naked wretches, PARLIAMENTARY CONDUCT 157 corrupted by the habits, debased by the ignominy of a prison. If the creditor had a right to those carcasses as a natural security for his property, I am sure we have no right to deprive him of that security. But if the few pounds of flesh were not necessary to his security, we had not a right to detain the unfortunate debtor, without any benefit at all to the person who confined him. Take it as you will, we commit injustice. Now Lord Beauchamp’s bill intended to do deliberately, and with great caution and circumspection, upon each several case, and with all attention to the just claimant, what acts of grace do in a much greater measure, and with very little care, caution, or deliberation. I suspect that here, too, if we contrive to oppose this bill, we shall be found in a struggle against the nature of things. For, as we grow enlightened, the public will not bear, for any length of time, to pay for the maintenance of whole armies of prisoners, nor, at their own expense, submit to keep jails as a sort of garrisons, merely to fortify the absurd principle of making men judges in their own cause. For credit has little or no concern in this cruelty. I speak ina commercial assembly. You know that credit is given be- cause capital must be employed; that men calculate the chances of insolvency ; and they either withhold the credit, or make the debtor pay the risk in the price. The counting- house has no alliance with the jail. Holland understands trade as well as we, and she has done much more than this obnoxious bill intended to do. There was not, when Mr. Howard visited Holland, more than one prisoner for debt in the great city of Rotterdam. Although Lord Beau- champ’s act (which was previous to this bill, and intended to feel the way for it) has already preserved liberty to thou- sands, and though it is not three years since the last act of grace passed, yet, by Mr. Howard’s last account, there were near three thousand again in jail. JI can not name this gen- tleman without remarking that his labours and writings have done much to open the eyes and hearts of mankind. He has visited all Europe,—not to survey the sumptuousness of 158 BURKE palaces or the stateliness of temples, not to make accurate measurements of the remains of ancient grandeur nor to form a scale of the curiosity of modern art, not to collect medals or collate manuscripts,—but to dive into the depths of dungeons, to plunge into the infection of hospitals, to survey the mansions of sorrow and pain, to take the gauge and dimensions of misery, depression, and contempt, to re- member the forgotten, to attend to the neglected, to visit the forsaken, and to compare and collate the distresses of all men in all countries. His plan is original; and it is as full of genius as it is of humanity. It was a voyage of dis- covery, a circumnavigation of charity. Already the benefit of his labour is felt more or less in every country; I hope he _ will anticipate his final reward by seeing all its effects fully realized in his own. He will receive, not by retail, but in gross, the reward of those who visit the prisoner; and he has so forestalled and monopolized this branch of charity, that there will be, I trust, little room to merit by such acts of benevolence hereafter. Nothing now remains to trouble you with but the fourth charge against me,—the business of the Roman Catholics. It is a business closely connected with the rest. They are all on one and thesame principle. My little scheme of con- duct, such as it is, is all arranged. I could do nothing but what I have done on this subject, without confounding the whole train of my ideas and disturbing the whole order of my life. Gentlemen, I ought to apologize to you for seem- ing to think anything at all necessary to be said upon this matter. The calumny is fitter to be scrawled with the mid- night chalk of incendiaries, with ‘‘ No Popery,” on walls and doors of devoted houses, than to be mentioned in any civil- ized company. I had heard that the spirit of discontent on that subject was very prevalent here. With pleasure I find that I have been grossly misinformed. If it exists at all in this city, the laws have crushed its exertions, and our mor als have shamed its appearance in daylight. I have pursued this spirit wherever I could trace it; but it still fled from PARLIAMENTARY CONDUCT 159 me. It wasa ghost which all had heard of, but none had seen. None would acknowledge that he thought the public proceeding with regard to our Catholic dissenters to be blamable ; but several were sorry it had made an ill impres- sion upon others, and that my interest was hurt by my share in the business. I find with satisfaction and pride, that not above four or five in this city (and I dare say these misled by some gross misrepresentation) have signed that symbol of delusion and bond of sedition, that libel on the national religion and English character, the Protestant Association. ‘It is, therefore, Gentlemen, not by way of cure, but of pre- vention, and lest the arts of wicked men may prevail over the integrity of any one amongst us, that I think it neces- sary to open to you the merits of this transaction pretty much at large; and I beg your patience upon it: for, al- though the reasonings that have been used to depreciate the act are of little force, and though the authority of the men concerned in this ill design is not very imposing, yet the audaciousness of these conspirators against the national hon- our, and the extensive wickedness of their attempts, have raised persons of little importance to a degree of evil emi- nence, and imparted a sort of sinister dignity to proceedings that had their origin in only the meanest and blindest malice. In explaining to you the proceedings of Parliament which have been complained of, I will state to you,—first, the thing that was done,—next, the persons who did it,—and lastly, the grounds and reasons upon which the legislature proceeded in this deliberate act of public justice and public prudence. Gentlemen, the condition of our nature is such that we buy our blessings at a price. The Reformation, one of the greatest periods of human improvement, was a time of trou- ble and confusion. The vast structure of superstition and tyranny which had been for ages in rearing, and which was combined with the interest of the great and of the many, which was moulded into the laws, the manners, and civil in- stitutions of nations, and blended with the frame and policy 160 BURKE - of states, could not be brought to the ground without a fear- ful struggle ; nor could it fall without a violent concussion of itself and all about it. When this great revolution was attempted in a more regular mode by government, it was op- posed by plots and seditions of the people ; when by popu- lar efforts, it was repressed as rebellion by the hand of pow- er ; and bloody executions (often bloodily returned) marked the whole of its progress through all its stages. The affairs . of religion, which are no longer heard of inthe tumult of our present contentions, made a principal ingredient in the wars and politics of that time: the enthusiasm of religion threw a gloom over the politics ; and political interests poi- soned and perverted the spirit of religion upon all sides. The Protestant religion, in that violent struggle, infected, as the Popish had been before, by worldly interests and worldly passions, became a persecutor in its turn, sometimes of the new sects, which carried their own principles further than it was convenient to the original reformers, and always of the body from whom they parted: and this persecuting spirit arose, not only from the bitterness of retaliation, but from the merciless policy of fear. It was long before the spirit of true piety and true wisdom, involved in the principles of the Reformation, could be depurated from the dregs and feculence of the contention with which it was carried through. However, until this be done, the Reformation is not complete ; and those who think themselves good Protestants, from their animosity to others, are in that respect no Protestants at all. It was at first thought necessary, perhaps, to oppose to Popery another Popery, to get the better of it. Whatever was the cause, laws were made in many countries, and in this kingdom in particular, against Papists, which are as bloody as any of those which had been enacted by the Popish princes and> states : and where those laws were not bloody, in my opin- ion, they were worse ; as they were slow, cruel outrages on™ our nature, and kept men alive only to insult in their per- sons every one of the rights and feelings of humanity. I PARLIAMENTARY CONDUCT 161 pass those statutes, because I would spare your pious ears the repetition of such shocking things ; and I come to that particular law the repeal of which has produced so many unnatural and unexpected consequences. A statute was fabricated in the year 1699 by which the saying mass (a church service in the Latin tongue, not exactly the same as our liturgy, but very near it, and con- taining no offence whatsoever against the laws, or against good morals) was forged into a crime, punishable with per- petual imprisonment. The teaching school, an useful and virtuous occupation, even the teaching in a private family, was in every Catholic subjected to the same unproportioned punishment. Your industry, and the bread of your children, was taxed for a pecuniary reward to stimulate avarice to do what Nature refused, to inform and prosecute on this law. Every Roman Catholic was, under the same act, to forfeit his estate to his nearest Protestant relation, until, through a profession of what he did not believe, he redeemed by his hypocrisy what the law had transferred to the kinsman as the recompense of his profligacy. When thus turned out of doors from his paternal estate, he was disabled from acquir- ing any other by any industry, donation, or charity ; but was rendered a foreigner in his native land, only because he retained the religion, along with the property, handed down to him from those who had been the old inhabitants of that land before him. Does any one who hears me approve this scheme of things, or think there is common justice, common sense, or common honesty in any partof it? If any does, let him say it, and I am ready to discuss the point with temper and candor. But instead of approving, I perceive a virtuous indignation be- ginning to rise in your minds on the mere cold stating of the statute. But what will you feel, when you know from history how this statute passed, and what were the motives, and what the mode of making it? A party in this nation, enemies to the system of the Revolution, were in opposition to the If 162 BURKE government of King William. They knew that our glorious deliverer was an enemy to all persecution. They knew that he came to free us from slavery and Popery, out of a country where a third of the people are contented Catholics under a Protestant government. He came with a part of his army composed of those very Catholics, to overset the power of a Popish prince. Such is the effect of a tolerating spirit; and so much is liberty served in every way, and by all persons, by a manly adherenceto its own principles. Whilst freedom is true to itself, everything becomes subject to it, and its very adversaries are an instrument in its hands. The party I speak of (like some amongst us who would dis- parage the best friends of their country) resolved to make the king either violate his principles of toleration or incur the odium of protecting Papists. They therefore brought in this bill, and made it purposely wicked and absurd that it might be rejected. Thethen court party, discovering their game, turned the tables on them, and returned their bill to them stuffed with still greater absurdities, that its loss might lie upon its original authors. They, finding their own ball thrown back to them, kicked it back again to their adver- saries. And thus this act, loaded with the double injustice of two parties, neither of whom intended to pass what they hoped the other would be persuaded to reject, went through the legislature, contrary to the real wish of all parts of it, and of all the parties that composed it. In this manner these insolent and profligate factions, as if they were play- ing with balls and counters, made a sport of the fortunes and the liberties of their fellow-creatures. Other acts of persecution have been acts of malice. This was a subversion of justice from wantonness and petulance. Lookinto the his- tory of Bishop Burnet. He is a witness without exception. The effects of the act have been as mischievous as its origin was ludicrous and shameful. From that time, every person of that communion, lay and ecclesiastic, has been obliged to fly from the face of day. The clergy, concealed in garrets of private houses, or obliged to take a shelter PARLIAMENTARY CONDUCT 163 (hardly safe to themselves, but infinitely dangerous to their country) under the privileges of foreign ministers, officiated as their servants and under their protection. The whole body of the Catholics, condemned to beggary and to igno- rance in their native land, have been obliged to learn the principles of letters, at the hazard of all their other princi- ples, from the charity of your enemies. They have been taxed to their ruin at the pleasure of necessitous and profli- gate relations, and according to the measure of their neces- sity and profligacy. Examples of this are many and affect- ing. Some of them are known by a friend who stands near me inthis hall. It is but six or seven years since a clergy- man, of the name of Malony, a man of morals, neither guilty nor accused of anything noxious to the state, was condemned to perpetual imprisonment for exercising the functions of his religion; and after lying in jail two or three years, was relieved by the mercy of government from per- petual imprisonment, on condition of perpetual banishment. A brother of the Earl of Shrewsbury, a Talbot, a name respectable in this country whilst its glory is any part of its concern, was hauled to the bar of the Old Bailey, among common felons, and only escaped the same doom, either by some error in the process, or that the wretch who brought him there could not correctly describe his person,—I now forget which. In short, the persecution would never have relented for a moment, if the judges, superseding (though with an ambiguous example) the strict rule of their artificial duty by the higher obligation of their conscience, did not constantly throw every difficulty in the way of such infor- mers. But so ineffectual is the power of legal evasion against legal iniquity, that it was but the other day that a lady of condition, beyond the middle of life, was on the point of being stripped of her whole fortune by a near relation to whom she had been a friend and benefactor; and she must have been totally ruined, without a power of redress or mitigation from the courts of law, had not the legislature itself rushed in, and by a special act of Parliament rescued 164 BURKE her from the injustice of its own statutes. One of the acts authorizing such things was that which we in part repealed, knowing what our duty was, and doing that duty as men of honour and virtue, as good Protestants, and as good citizens. Let him stand forth that disapproves what we have done ! Gentlemen, bad laws are the worst sort of tyranny. In such a country as this they are of all bad things the worst,— worse by far than anywhere else; and they derive a particu- lar malignity even from the wisdom and soundness of the rest of our institutions. For very obvious reasons you can not trust the crown with a dispensing power over any of your laws. However, a government, be it as bad as it may, will, in the exercise of a discretionary power, discriminate times and persons, and will not ordinarily pursue any man, when its own safety is not concerned. A mercenary informer knows no distinction. Under such a system, the obnoxious people are slaves not only to the government, but they live at the mercy of every individual; they are at once the slaves of the whole community and of every part of it; and the worst and most unmerciful men are those on whose goodness they most depend. In this situation, men not only shrink from the frowns of a stern magistrate, but they are obliged to fly from their very species. The seeds of destruction are sown in civil inter- course, in social habitudes. The blood of wholesome kindred is infected. Their tables and beds are surrounded with snares. All the means given by Providence to make life safe and comfortable are perverted into instruments of terror and torment. This species of universal subserviency, that makes the very servant who waits behind your chair the arbiter of your life and fortune, has such a tendency to de- grade and abase mankind, and to deprive them of that assured and liberal state of mind which alone can make us what we ought to be, that I vow to God I would sooner bring myself to put a man to immediate death for opinions I disliked, and so to get rid of the man and his opinions at once, than to fret him with a feverish being, tainted with PARLIAMENTARY CONDUCT 165 the jail-distemper of a contagious servitude, to keep him above ground an animated mass of putrefaction, corrupted himself, and corrupting all about him. The act repealed was of this direct tendency; and it was made in the manner which I have related to you. I will now tell you by whom the bill of repeal was brought into Parliament. I find it has been industriously given out in this city (from kindness to me, unquestionably) that I was the mover or the seconder. The fact is, I did not once open my lips on the subject during the whole progress of the bill. I do not say this as disclaiming my share in that measure. Very far from it. I inform you of this fact, lest I should seem to arrogate to myself the merits which belong to others. To have been the man chosen out to redeem our fellow- citizens from slavery, to purify our laws from absurdity and injustice, and to cleanse our religion from the blot and stain of persecution, would bean honour and happiness to which my wishes would undoubtedly aspire, but to which nothing but my wishes could possibly have entitled me. That great work was in hands in every respect far better qualified than mine. The mover of the bill was Sir George Savile. When an act of great and signal humanity was to be done, and done with all the weight and authority that belonged to it, the world could cast its eyes upon none but him. I hope that few things which have a tendency to bless or to adorn life have wholly escaped my observation in my passage through it. I have sought the acquaintance of that gentle- man, and have seen him in all situations. He its a true genius; with an understanding vigorous, and acute, and re- fined, and distinguishing even to excess; and illuminated with a most unbounded, peculiar, and original cast of imagina- tion. With these he possesses many external and instru- mental advantages; and he makes use of them all. His fortune is among the largest,—a fortune which, wholly un- incumbered as it is with one single charge from luxury, vanity, or excess, sinks under the benevolence of its dis- penser. This private benevolence, expanding itself into 166 BURKE patriotism, renders his whole being the estate of the public, in which he has not reserved a peculium for himself of profit, diversion, or relaxation. During the session the first in and the last out of the House of Commons, he passes from the senate to the camp; and seldom seeing the seat of his an- cestors, he is always in Parliament to serve his country or in the field to defend it. But in all well-wrought compositions some particulars stand out more eminently than the rest ; and the things which will carry his name to posterity are his two bills: I mean that for a limitation of the claims of the crown upon landed estates, and this for the relief of the Roman Catholics. By the former he has emancipated property; by the latter he has quieted conscience; and by both he has taught that grand lesson to government and subject,—no longer to regard each other as adverse parties. Such was the mover of the act that is complained of by men who are not quite so good as he is,—an act most assur- edly not brought in by him from any partiality to that sect which is the object of it. For among his faults I really can not help reckoning a greater degree of prejudice against that people than becomes so wise a man. I know that he | inclines to a sort of disgust, mixed with a considerable degree of asperity, to the system; and he has few, or rather no habits with any of its professors. What he has done was on quite other motives. The motives were these, which he declared in his excellent speech on his motion for the bill: namely, his extreme zeal to the Protestant religion, which he thought utterly disgraced by the act of 1699; and his rooted hatred to all kind of oppression, under any colour, or upon any pretence whatsoever. The seconder was worthy of the mover and the motion. I was not the seconder; it was Mr. Dunning, recorder of this city. I shall say the less of him because his near relation to you makes you more particularly acquainted with his merits, But I should appear little acquainted with them, or little sensible of them, if I could utter his name on this occasion without expressing my esteem for his character. I am not PARLIAMENTARY CONDUCT 167 afraid of offending a most learned body, and most jealous of its reputation for that learning, when I say he is the first of his profession. It is a point settled by those who settle everything else; and I must add (what I am enabled to say from my own long and close observation) that there is not a man, of any profession, or in any situation, of a more erect ~ and independent spirit, of a more proud honour, a more manly mind, a more firm and determined integrity. Assure your- selves, that the names of two such men will bear a great load of prejudice in the other scale before they can be entirely outweighed. With this mover and this seconder agreed the whole House of Commons, the whole House of Lords, the whole Bench of Bishops, the king, the ministry, the opposition, all the dis- tinguished clergy of the Establishment, all the eminent lights (for they were consulted) of the dissenting churches. This according voice of national wisdom ought to be listened to with reverence. To say that all these descriptions of Englishmen unanimously concurred in a scheme for introducing the Catholic religion, or that none of them understood the nature and effects of what they were doing so well as a few obscure clubs of people whose names you never heard of, is shamelessly absurd. Surely it is paying a miser- able compliment to the religion we profess, to suggest that everything eminent in the kingdom 1s indifferent or even ad- verse to that religion, and that its security is wholly aban- doned to the zeal of those who have nothing but their zeal to distinguish them. In weighing this unanimous concur- rence of whatever the nation has to boast of, I hope you will recollect that all these concurring parties do by no means love one another enough to agree in any point which was not both evidently and importantly right. To prove this, to prove that the measure was both clearly and materially proper, I will next lay before you (as I promised) the political grounds and reasons for the repeal of that penal statute, and the motives to its repeal at that par- ticular time. 168 BURKE Gentlemen, America——When the English nation seemed to be dangerously, if not irrecoverably divided,—when one, and that the most growing branch, was torn from the parent stock, and ingrafted on the power of France,a great terror fell upon this kingdom. On a sudden we awakened from our dreams of conquest, and saw ourselves threatened with an immediate invasion, which we were at that time very ill prepared to resist. You remember the cloud that gloomed over usall. In that hour of our dismay, from the bottom of the hiding-places into which the indiscriminate rigour of our statutes had driven them, came out the body of the Roman Catholics. They appeared before the steps of a tottering throne, with one of the most sober, measured, steady, and dutiful addresses that was ever presented to the crown. It wasno holiday ceremony, no anniversary compli- ment of parade and show. It was signed by almost every gentleman of that persuasion, of note or property, in Eng- land. At such a crisis, nothing but a decided resolution to stand or fall with their country could have dictated such an address, the direct tendency of which was to cut off all retreat, and to render them peculiarly obnoxious to an in- vader of their own communion. The address showed what I long languished to see, that all the subjects of England had cast off all foreign views and connections, and that every, man looked for his relief from every grievance at the hands only of his own natural government. It was necessary, on our part, that the natural government should show itself worthy of that name. It was necessary, at the crisis I speak of, that the supreme power of the state should meet the conciliatory dispositions of the subject. Tode- lay protection would be to reject allegiance. And why should it be rejected, or even coldly and suspiciously received? If any independent Catholic state should choose to take part with this kingdom in a war with France and Spain, that bigot (if such a bigot could be found) would be heard with little respect, who could dream of objecting his religion to an ally whom the nation would not only receive with its freest PARLIAMENTARY CONDUCT 169 thanks, but purchase with the last remains of its exhausted treasure. To such an ally we should not dare to whisper a single syllable of those base and invidious topics upon which some unhappy men would persuade the state to reject the duty and allegiance of its own members. Is it, then, because foreigners are in a condition to set our malice at defiance, ‘that with them we are willing to contract engagements of friendship, and to keep them with fidelity and honour, but that, because we conceive some descriptions of our country- men are not powerful enough to punish our malignity, we will not permit them to support our common interest ? Is it on that ground that our anger is to-be kindled by their offered kindness? Is it on that ground that they are to be subjected to penalties, because they are willing by actual merit to purge themselves from imputed crimes? Lest by an adherence to the cause of their country they should acquire a title to fair and equitable treatment, are we resolved to furnish them with causes of eternal enmity, and rather supply them with just and founded motives to disaffection than not to have that disaffection in existence to justify an oppression which, not from policy, but disposition, we have predeter- mined to exercise? What shadow of reason could be assigned, why, at a time ‘when the most Protestant part of this Protestant empire found it for its advantage to unite with the two principal Popish states, to unite itself in the closest bonds with France and Spain, for our destruction, that we should refuse to unite with our own Catholic countrymen for our own preservation ? Ought we, like madmen, to tear off the plasters that the lenient hand of prudence had spread over the wounds and gashes which in our delirium of ambition we had given to our own body? No person ever reprobated the American war more than I did, and do, and ever shall. But I never will consent that we should lay additional, voluntary penal- ties on ourselves, for a fault which carries but too much of its own punishment in its own nature. For one, I was de- lighted with the proposal of internal peace. I accepted the 170 BURKE blessing with thankfulness and transport. I was truly happy to find one good effect of our civil distractions: that they had put an end to all religious strife and heart-burning in our own bowels. What must be the sentiments of a man who would wish to perpetuate domestic hostility when the causes of dispute are at an end, and who, crying out for peace with one part of the nation on the most humiliating terms, should deny it to those who offer friendship without any terms at all? But if I was unable to reconcile such a denial to the con- tracted principles of local duty, what answer could I give to the broad claims of general humanity? I confess to you freely, that the sufferings and distresses of the people of America in this cruel war have at times affected me more deeply than I can express. I felt every gazette of triumph as a blow upon my heart, which has an hundred times sunk and fainted within me at all the mischiefs brought upon those who bear the whole brunt of war in the heart of their country. Yet the Americans are utter strangers to me; a nation among whom I am not sure that I have a single ac- quaintance. Was I to suffer my mind to be so unaccount- ably warped, was I to keep such iniquitous weights and measures of temper and of reason, as to sympathize with | those who are in open rebellion against an authority which I respect, at war with a country which by every title ought to be, and is, most dear to me,—and yet to have no feeling at all for the hardships and indignities suffered by men who by their very vicinity are bound upina nearer relation to us, who contribute their share, and more than their share, to the common prosperity, who perform the common offices of social life, and who obey the laws, to the full as well as I do? Gentlemen, the danger to the state being out of the ques- tion (of which, let me tell you, statesmen themselves are apt to have but too exquisite a sense), I could assign no one reason of justice, policy, or feeling, for not concurring most cordially, as most cordially I did concur, in softening some ” PARLIAMENTARY CONDUCT 17! part of that shameful servitude under which several of my worthy fellow-citizens were groaning. Important effects followed this act of wisdom. They ap- peared at home and abroad, to the great benefit of this king- dom, and, let me hope, to the advantage of mankind at large. It betokened union among ourselves. It showed soundness, even on the part of the persecuted, which generally is the weak side of every community. But its most essential operation was not in England. The act was immediately, though very imperfectly, copied in Ireland; and this imper- fect transcript of an imperfect act, this first faint sketch of toleration, which did little more than disclose a principle and mark out a disposition, completed in a most wonderful manner the reunion to the state of all the Catholics of that country. It made us what we ought alwaysto have been, one family, one body, one heart and soul, against the family combina- tion and all other combinations of our enemies. We have, indeed, obligations to that people, who received such small benefits with so much gratitude, and for which gratitude and attachment to us Iam afraid they have suffered not a little in other places. I dare say you have all heard of the privileges indulged to the Irish Catholics residing in Spain. You have likewise heard with what circumstances of severity they have been lately expelled from the seaports of that kingdom, driven into the inland cities, and there detained as a sort of pris- oners of state. I have good reason to believe that it was the zeal to our government and our cause (somewhat indis- creetly expressed in one of the addresses of the Catholics of Ireland) which has thus drawn down on their heads the in- dignation of the court of Madrid, to the inexpressible loss of several individuals, and, in future, perhaps. to the great detriment of the whole of their body. Now that our people should be persecuted in Spain for their attachment to this country, and persecuted in this country for their supposed enmity to us, is such a jarring reconciliation of contradic- tory distresses, is a thing at once so dreadful and ridiculous, 172 BURKE that no malice short of diabolical would wish to continue any human creatures in such a situation. But honest men will not forget either their merit or their sufferings. There are men (and many, I trust, there are) who, out of love to their country and their kind, would torture their invention to find excuses for the mistakes of their brethren, and who, to stifle dissension, would construe even doubtful appear. ances with the utmost favour: such men will never persuade themselves to be ingenious and refined in discovering dis-.. affection and treason in the manifest, palpable signs of suffering loyalty. Persecution is so unnatural to them, that they gladly snatch the very first opportunity of laying aside all the tricks and devices of penal politics, and of returning home, after all their irksome and vexatious wanderings, to our natural family mansion, to the grand social principle that unites all men, in all descriptions, under the shadow of an equal and impartial justice. Men of another sort, I mean the bigoted enemies to liberty, may, perhaps, in their politics, make no account of the good or ill affection of the Catholics of England, who are but an handful of people (enough to torment, but not enough to fear), perhaps not so many, of both sexes and of all ages, as fifty thousand. But, Gentlemen, it is possible you may not know that the people of that persuasion in Ireland amount at least to sixteen or seventeen hundred thousand souls. I do not at all exaggerate the number. A nation to be persecuted! Whilst we were masters of the sea, embodied with America, and in alliance with half the powers of the Continent, we might, perhaps, in that remote corner’ of Europe, afford to tyrannize with impunity. But there is a revolution in our affairs, which makes it prudent to be just. In our late awkward contest with Ireland about trade, had religion been thrown in, to ferment and embitter the mass of discontents, the consequences might have been truly dreadful. But, very happily, that cause of quarrel was previously quieted by the wisdom of the acts I am com- mending. PARLIAMENTARY CONDUCT 173 Even in England, where I admit the danger from the dis- content of that persuasion to be less than in Ireland, yet even here, had we listened to the counsels of fanaticism and folly, we might have wounded ourselves very deeply, and wounded ourselves in a very tender part. You are apprised that the Catholics of England consist mostly of our best manufacturers. Had the legislature chosen, instead of re- turning their declarations of duty with correspondent good- will, to drive them to despair, there isa country at their very door to which they would be invited,—a country in all re- spects as good as ours, and with the finest cities in the world ready built to receive them. And thus the bigotry of a free country, and in an enlightened age, would have repeopled the cities of Flanders, which, in the darkness of two hundred years ago, had been desolated: by the superstition of a cruel tyrant. Our manufactures were the growth of the persecu- tions in the Low Countries. What a spectacle would it be to Europe, to see us at this time of day balancing the account of tyranny with those very countries, and by our persecu- tions driving back trade and manufacture, as a sort of vaga- bonds, to their original settlement! But I trust we shall be saved this last of disgraces. So far as to the effect of the act on the interests of this nation. With regard to the interests of mankind at large, I am sure the benefit was very considerable. Long before this act, indeed, the spirit of toleration began to gain ground in Europe. In Holland the third part of the people are Cath- olics; they live at ease, and are a sound part of the state. In many parts of Germany, Protestants and Papists partake the same cities, the same councils, and even the same chur- ches. The unbounded liberality of the king of Prussia’s conduct on this occasion is known to all the world; and it is of a piece with the other grand maxims of his reign. The magnanimity of the Imperial court, breaking through the narrow principles of its predecessors, has indulged its Pro- testant subjects, not only with property, with worship, with liberal education, but with honours and trusts, both civil and 174 BURKE military. A worthy Protestant gentleman of this country now fills, and fills with credit, an high office in the Austrian Netherlands. Even the Lutheran obstinacy of Sweden has thawed at length, and opened a toleration to all religions. I know, myself, that in France the Protestants begin to be at rest. The army, which in that country is everything, is open to them; and some of the military rewards and deco- rations which the laws deny are supplied by others, to make the service acceptable and honourable. The first minister of finance in that country is a Protestant. Two years’ war without a tax is among the first fruits of their liberality. Tarnished as the glory of this nation is, and far as it has waded into the shades of an eclipse, some beams of its former illumination still play upon its surface; and what is done in England is still looked to, as argument, and as example. It is certainly true, that no law of this country ever met with such universal applause abroad, or was so likely to produce the perfection of that tolerating spirit which, as I observed, has been long gaining ground in Europe: for abroad it was universally thought that we had done what I am sorry to say we had not; they thought we had granted a full toleration. That opinion was, however, so far from hurting the Protestant cause, that I declare, with the most serious solemnity, my firm belief that-no one thing done for these fifty years past was so likely to prove deeply beneficial to our religion at large as. Sir George Savile’s act. In its effects it was “‘an act for tolerating and protecting Protestan- tism throughout Europe’’; and I hope that those who were taking steps for the quiet and settlement of our Protestant brethren in other countries will, even yet, rather consider the steady equity of the greater and better part of the people of Great Britain than the vanity and violence of a few. I perceive, Gentlemen, by the manner of all about me, that you look with horror on the wicked clamor which has been raised on this subject, and that, instead of an apology for what was done, you rather demand from me an account, why the execution of the scheme of toleration was not made PARLIAMENTARY CONDUCT 175 more answerable to the large and liberal grounds on which it was taken up. The question is natural and proper; and I remember that a great and learned magistrate,? distin- guished for his strong and systematic understanding, and who at that time was a member of the House of Commons, made the same objection to the proceeding. The statutes, as they now stand, are, without doubt, perfectly absurd. But I beg leave to explain the cause of this gross imperfec- tion in the tolerating plan, as well and as shortly as I am able. It was universally thought that the session ought not to pass over without doing something in this business. To revise the whole body of the penal statutes was conceived to be an object too big for the time. The penal statute, therefore, which was chosen for repeal (chosen to show our disposition to conciliate, not to perfect a toleration) was this act of ludicrous cruelty of which I have just given you the history. It is an act which, though not by a great deal so fierce and bloody as some of the rest, was infinitely more ready in the execution. It was the act which gave the greatest encouragement to those pests of society, mercenary informers and interested disturbers of household peace; and it was observed with truth, that the prosecutions, either carried to conviction or compounded, for many years, had been all commenced upon that act. It was said, that, whilst we were deliberating on a more perfect scheme, the spirit of the age would never come up to the execution of the statutes which remained, especially as more steps, and a co-operation of more minds and powers, were required towards a mis- chievous use of them, than for the execution of the act to be repealed: that it was better to unravel this texture from below than from above, beginning with the latest, which, in general practise, is the severest evil. It was alleged, that this slow proceeding would be attended with the advantage of a progressive experience,—and that the people would grow reconciled to toleration, when they should find, by the effects, that justice was not so irreconcilable an enemy to convenience as they had imagined. 176 BURKE These, Gentlemen, were the reasons why we left this good work in the rude, unfinished state in which good works are commonly left, through the tame circumspection with which a timid prudence so frequently enervates beneficence. In doing good, we are generally cold, and languid, and sluggish, and of all things afraid of being too much in the right. But the works of malice and injustice are quite in another style. They are finished with a bold, masterly hand, touched as they are with the spirit of those vehement passions that call forth all our energies, whenever we oppress and persecute. Thus this matter was left for the time, with a full deter- mination in Parliament not to suffer other and worse statutes to remain for the purpose of counteracting the benefits pro- posed by the repeal of one penal law: for nobody then dreamed of defending what was done as a benefit, on the eround of its being no benefit at all. We were not then ripe for so mean a subterfuge. I do not wish to go over the horrid scene that was after- wards acted. Would to God it could be expunged forever from the annals of this country! But since it must subsist for our shame, let it subsist for our instruction. In the year 1780 there were found in this nation men deluded enough, (for I give the whole to their delusion,) on pretenses of zeal and piety, without any sort of provocation whatsoever, real or pretended, to make a desperate attempt, which would have consumed all the glory and power of this country in the flames of London, and buried all law, order, and religion under the ruins of the metropolis of the Protestant world. Whether all this mischief done, or in the direct train of doing, was in their original scheme, I cannot say; I hope it was not: but this would have been the unavoidable conse- quence of their proceedings, had not the flames they had lighted up in their fury been extinguished in their blood. All the time that this horrid scene was acting, or aveng- ing, as well as for some time before, and ever since, the wicked instigators of this unhappy multitude, guilty, with every aggravation, of all their crimes, and screened in a cow- PARLIAMENTARY CONDUCT 177 ardly darkness from their punishment, continued, without interruption, pity, or remorse, to blow up the blind rage of the populace with a continued blast of pestilential libels, which infected and poisoned the very air we breathed in. The main drift of all the libels and all the riots was, to force Parliament (to persuade us was hopeless) into an act of national perfidy which has no example. For, Gentlemen, it is proper you should all know what infamy we escaped by refusing that repeal, for a refusal of which, it seems, I, among others, stand somewhere or other accused. When we took away, on the motives which I had the honour of stating to you, a few of the innumerable penalties upon an oppressed and injured people, the relief was not absolute, but given on a stipulation and compact between them and us: for we bound down the Roman Catholics with the most solemn oaths to bear true allegiance to this government, to abjure all sort of temporal power in any other, and to renounce, under the same solemn obligations, the doctrines of systematic per- - fidy with which they stood (I conceive very unjustly) charged. Now our modest petitioners came up to us, most humbly praying nothing more than that we should break our faith, without any one cause whatsoever of forfeiture assigned; and when the subjects of this kingdom had, on their part, fully performed their engagement, we should refuse, on our part, the benefit we had stipulated on the performance of those very conditions that were prescribed by our own authority, and taken on the sanction of our public faith: that is to say, when we had inveigled them with fair prom- ises within our door, we were to shut it on them, and, adding mockery to outrage, to tell them,—“ Now we have got you fast: your consciences are bound toa power resolved on your destruction. We have made you swear that your © religion obliges you to keep your faith: fools as you are! _we will now let you see that our religion enjoins us to keep no faith with you.” They who would advisedly call upon us to do such things must certainly have thought us not only a. convention of treacherous tyrants, but a gang of the lowest 12 178 - BURKE and dirtiest wretches that ever disgraced humanity. Had we done this, we should have indeed proved that there were some in the world whom no faith could bind; and we should have convicted ourselves of that odious principle of which Papists stood accused by those very savages who wished us, on that accusation, to deliver them over to their fury. In this audacious tumult, when our very name and char- acter as gentlemen was to be cancelled forever, along with the faith and honour of the nation, I, who had exerted my- self very little on the quiet passing of the bill, thought it necessary then to come forward. I was not alone; but though some distinguished members on all sides, and par- ticularly on ours, added much to their high reputation by the part they took on that day (a part which will be remem- bered as long ashonour, spirit, and eloquence have estima- tion in the world), I may and will value myself so far, that yielding in abilities to many, I yielded in zeal to none. With warmth and with vigour, and animated with a just and natural indignation, I called forth every faculty that I pos- sessed, and I directed it in every way in which I could pos- sibly employ it. I laboured night and day. I laboured in Parliament ; [laboured out of Parliament. If, therefore, the resolution of the House of Commons, refusing to commit this act of unmatched turpitude, be a crime, I am guilty among the foremost. But, indeed, whatever the faults of that House may have been, no one member was found hardy enough to propose so infamous a thing; and on full debate we passed the resolution against the petitions with as much unanimity as we had formerly passed the law of which these petitions demanded the repeal. There was a circumstance (justice will not suffer me to pass it over) which, if anything could enforce the reasons I have given, would fully justify the act of relief, and render a repeal, or anything like a repeal, unnatural, impossible. It was the behaviour of the persecuted Roman Catholics under the acts of violence and brutal insolence which they suffered. I suppose there are not in London less than four or five thou- PARLIAMENTARY CONDUCT 179 sand of that persuasion from mycountry, who do a great deal of the most laborious works in the metropolis; and they chiefly inhabit those quarters which were the principal theater of the fury of the bigoted multitude. They are known to be men of strong arms and quick feelings, and more remarkable for a determined resolution than clear ideas or much foresight. But, though provoked by everything that can stir the blood of men, their houses and chapels in flames, and with the most atrocious profanations of everything which they hold sacred before their eyes, not a hand was moved to retaliate, or even to defend. Had aconflict once begun, the rage of their persecutors would have redoubled. Thus fury increasing by the reverberation of outrages, house being fired for house, and church for chapel, Iam convinced that no power under heaven could have prevented a general con- flagration, and at this day London would have been a tale. But I am well informed, and the thing speaks it, that their clergy exerted their whole influence to keep their people in such a state of forbearance and quiet, as, when I look back, fills me with astonishment,—but not with as- tonishment only. Their merits on that occasion ought not to be forgotten; nor will they, when Englishmen come to recollect themselves. I am sure it were far more proper to have called them forth, and given them the thanks of both Houses of Parliament, than to have suffered those _ worthy clergymen and excellent citizens to be hunted into holes and corners, whilst we are making low-minded inquisi- tions into the number of their people; as if a tolerating principle was never to prevail, unless we were very sure that only a few could possibly take advantage of it. But, indeed, we are not yet well recovered of our fright. Our reason, I trust, will return with our security, and this unfortunate temper will pass over like a cloud. Gentlemen, I have now laid before you a few of the reasons for taking away the penalties of the act of 1699, and for refusing to establish them on the riotous requisition of 1780. Because I would not suffer anything which may be 180 | BURKE for your satisfaction to escape, permit me just to touch on the objections urged against our act and our resolves, and intended as a justification of the violence offered to both Houses. “ Parliament,” they assert, “ was too hasty, and they ought, in so essential and alarming a change, to have proceeded with a far greater degree of deliberation.” The direct contrary. Parliament wastoo slow. They took four- score years to deliberate on the repeal of an act which ought not to have survived a second session. When at length, after a procrastination of near a century, the business was taken up, it proceeded in the most public manner, by the ordinary stages, and as slowly as a law so evidently right as to be resisted by none would naturally advance. Had it been read three times in one day, we should have shown only a becoming readiness to recognize, by protection, the undoubted dutiful behaviour of those whom we had but too long punished for offences of presumption or conjecture. But for what end was that billto linger beyond the usual period of an unopposed measure? Was it to be delayed until a rabble in Edinburgh should dictate to the Church of England what measure of persecution was fitting for her safety? Was it to be adjourned until a fanatical force could be collected in London, sufficient to frighten us out of all our ideas of policy and justice? Were we to wait for the profound lectures on the reason of state, ecclesiastical and political, which the Protestant Association have since con- descended to read to us? Or were we, seven hundred peers and commoners, the only persons ignorant of the ribald in- vectives which occupy the place of argument in those remon- strances, which every man of common observation had heard a thousand times over, and a thousand times over had de- spised? All men had before heard what they have to say, and all men at this day know what they dare to do; and I trust all honest men are equally influenced by the one and by the other. But they tell us, that those our fellow-citizens whose chains we have a little relaxed are enemies to liberty and PARLIAMENTARY CONDUCT 181 our free Constitution.—Not enemies, I presume, to their own liberty. And as to the Constitution, until we give them some share in it, I do not know on what pretense we can examine into their opinions about a business in which they have no interest or concern. But, after all, are we equally sure that they are adverse to our Constitution as that our statutes are hostile and destructive to them? For my part, I have reason to believe their opinions and inclina- tions in that respect are various, exactly like those of other men ; and if they lean more to the crown than I and than many of you think we ought, we must remember that he who aims at another’s life is not to be surprised, if he flies into any sanctuary that will receive him. The tenderness of the executive power is the natural asylum of those upon whom the laws have declared war; and to complain that men are inclined to favour the means of their own safety is so absurd, that one forgets the injustice in the ridicule. I must fairly tell you, that so far as my principles are con- cerned (principles that I hope will only depart with my last breath,) that I have no idea of a liberty unconnected with honesty and justice. Nor do I believe that any good con- stitutions of government, or of freedom, can find it necessary for their security to doom any part of the people to a per- manent slavery.’ Such a constitution of freedom, if such can be, is in effect no more than another name for the tyranny of thestrongest faction; and factions in republics have been, and are, full as capable as monarchs of the most cruel oppres- sion and injustice. It is but too true, that the love, and even the very idea, of genuine liberty is extremely rare. It is but too true that there are many whose whole scheme of freedom is made up of pride, perverseness, and insolence. They feel themselves in a state of thraldom, they imagine that their souls are cooped and cabined in, unless they have some man ‘or some body of men dependent on their mercy. This de- sire of having some one below them descends to those who are the very lowest of all ; and a Protestant cobbler, debased by his poverty, but exalted by his share of the ruling church, 182 BURKE feels a pride in knowing it is by his generosity alone that the peer whose footman’s instep he measures is able to keep his chaplain from a jail. This disposition is the true source of the passion which many men in very humble life have taken to the American war. Our subjects in America ; our colonies ; our dependants. This lust of party power is the liberty they hunger and thirst for; and this Siren song of ambition has charmed ears that one would have thought were never organized to that sort of music. This way of proscribing the citizens by denominations and general descriptions, dignified by the name of reason of state, and security for constitutions and commonwealths, is nothing better at bottom than the miserable invention of an ungenerous ambition which would fain hold the sacred trust of power, without any of the virtues or any of the energies that give a title to it,—a receipt of policy, made up of a de- testable compound of malice, cowardice, and sloth. They would govern men against their will ; but in that govern- ment they would be discharged from the exercise of vigilance, providence, and fortitude ; and therefore, that they may sleep on their watch, they consent to take some one division of the society into partnership of the tyranny over the rest. But let government, in what form it may be, comprehend the whole in its justice, and restrain the suspicious-by its vigilance,—let it keep watch and ward,—let it discover by its sagacity, and punish by its firmness, all delinquency against its power, whenever delinquency exists in the overt acts, —and then it will be as safe as ever God and Nature intended it should be. Crimes are the acts of individuals, and not of denominations: and therefore arbitrarily to class men under general descriptions, in order to proscribe and punish them in the lump for a presumed delinquency, of which per- haps but a part, perhaps none at all, are guilty, is indeed a compendious method, and saves a world of trouble about proof; but such a method, instead of being law, is an act of unnatural rebellion against the legal dominion of reason and justice; and this vice, in any constitution that en- PARLIAMENTARY CONDUCT 183 tertains it, at one time or other will certainly bring on its ruin. We are told that this is not a religious persecution ; and its abettors are loud in disclaiming all severities on account of conscience. Very fine indeed! Then let it be so: they are not persecutors ; they are only tyrants. With all my heart. Iam perfectly indifferent concerning the pretexts upon which we torment one another,—or.whether it be for the constitution of the Church of England, or for the con- stitution of the State of England, that people choose to make their fellow-creatures wretched. When we were sent into a place of authority, you that sent us had yourselves but one commission to give. You could give us none to wrong or oppress, or even to suffer any kind of op- pression or wrong, on any grounds whatsoever : not on po- litical, as in the affairs of America; not on commercial, as in those of Ireland ; not in civil, as in the laws for debt ; not in religious, as in the statutes against Protestant or Catholic . dissenters. The diversified, but connected, fabric of uni- versal justice is well cramped and bolted together in all its parts ; and depend upon it, 1 never have employed, and I never shall employ, any engine of power which may come into my hands to wrench it asunder. All shall stand, if I can help it, and all shall stand connected. After all, to complete this work, much remains to be done: much in the East, much in the West. But, great as the work is, if our will be ready, our powers are not deficient. Since you have suffered me to trouble you so much on this subject, permit me, Gentlemen, to detain you a little longer. I am, indeed, most solicitous to give you perfect satisfaction. I find there are some of a better and softer nature than the persons with whom I have supposed myself in debate, who neither think ill of the act of relief, nor by any means desire the repeal,—yet who, not accusing, but lamenting, what was done, on account of the consequences, have frequently expressed their wish that the late act had never been made. Some of this description, and persons of 184 BURKE _ worth, I have met with in this city. They conceive that the prejudices, whatever they might be, of a large part of the people, ought not to have been shocked,—that their opin- ions ought to have been previously taken, and much attended to,—and that thereby the late horrid scenes might have been prevented. I confess, my notions are widely different ; and I never was less sorry for any action of my life. I like the bill the better on account of the events of all kinds that followed it. It relieved the real sufferers; it strengthened the state; and, by the disorders that ensued, we had clear evidence that there lurked a temper somewhere which ought not to be fostered by the laws. No ill consequences whatever could be attributed to the act itself. We knew beforehand, or we were poorly instructed, that toleration is odious to the in- tolerant, freedom to oppressors, property to robbers, and all kinds and degrees of prosperity to the envious. We knew that all these kinds of men would gladly gratify their evil dispositions under the sanction of law and religion, if they could: if they could not, yet, to make way to their objects, they would do their utmost to subvert all religion and all law. This we certainly knew. But, knowing this, is there any reason, because thieves break in and steal, and thus bring detriment to you, and draw ruin on themselves, that I am to be sorry that you are in possession of shops, and of warehouses, and of wholesome laws to protect them? Are you to build no houses, because desperate men may pull them down upon their own heads? Or, if a malignant wretch will cut his own throat, because he sees you give alms to the necessitous and deserving, shall his destruction be attributed to your charity, and not to his own deplorable madness? If we repent of our good actions, what, I pray you, is left for our faults and follies? It is not the benefi- cence of the laws, it is the unnatural temper which benefi- cence can fret and sour, that is to be lamented. It is this temper which, by all rational means, ought to be sweetened and corrected. If froward men should refuse this cure, can PARLIAMENTARY CONDUCT 185 they vitiate anything but themselves? Does evil so react upon good, as not only to retard its motion, but to change its nature? If it can so operate, then good men will always be in the power of the bad,—and virtue, by a dreadful re- verse of order, must lie under perpetual subjection and bondage to vice. As tothe opinion of the people, which some think, in such cases, is to be implicitly obeyed,—near two years’ tranquillity, which followed the act, and its instant imitation in Ireland, proved abundantly that the late horrible spirit was in a great measure the effect of insidious art, and perverse industry, and gross misrepresentation. But suppose that the dislike had been much more deliberate and much more general than I am persuaded it was,—when we know that the opinions of even the greatest multitudes are the standard of rectitude, I shall think myself obliged to make those opinions the masters of my conscience. But if it may be doubted whether Om- nipotence itself is competent to alter the essential constitu- tion of right and wrong, sure I am that such things as they and I are possessed of no such power. Noman carries further than I do the policy of making government pleasing to the people. But the widest range of this politic complaisance is confined within the limits of justice. I would not only con- sult the interest of the people, but I would cheerfully gratify their humours. We are all a sort of children that must be soothed and managed. I think I'am not austere or formal in my nature. I would bear, I would even myself play my part in, any innocent buffooneries, to divert them. But I never will act the tyrant for their amusement. If they will mix malice in their sports, I shall never consent to throw them any living, sentient creature whatsoever, no, not so much as a kitling, to torment. “ But if I profess all this impolitic stubbornness, I may chance never to be elected into Parliament.’’—It is certainly not pleasing to be put out of the public service. But I wish to be a member of Parliament to have my share of doing good and resisting evil. It would therefore be absurd to re 186 BURKE nounce my objects in order to obtain my seat. I deceive myself, indeed, most grossly, if I had not much rather pass the remainder of my life hidden in the recesses of the deep- est obscurity, feeding my mind even with the visions and imaginations of such things, than to be placed on the most splendid throne of the universe, tantalized with a denial of the practice of all which can make the greatest situation any other than the greatest curse. Gentlemen, I have had my day. I can never sufficiently express my gratitude to you for having set me in a place wherein I could lend the slight- est help to great and laudable designs. If I have had my share in any measure giving quiet to private property and private conscience,—if by my vote I have aided in secur- ing to families the best possession, peace,—if I have joined in reconciling kings to their subjects, and subjects to their prince,—if I have assisted to loosen the foreign holdings of the citizen, and taught him to look for his protection to the laws of his country, and for his comfort to the good-will of his countrymen,—if I have thus taken my part with the best of men in the best of their actions, I can shut the book: I might wish to read a page or two more, but this is enough for my measure. I have not lived in vain. And now, Gentlemen, on this serious day, when I come, as it were, to make up my accounts with you, let me take to myself some degree of honest pride on the nature of the charges that are against me. I do not here stand before you accused of venality, or of neglect of duty. It is not said, that, in the long period of my service, I have, in a single in- stance, sacrificed the slightest of your interests to my ambi- tion or to my fortune. It is not alleged, that, to gratify any anger or revenge of my own, or of my party, I have had a share in wronging or oppressing any description of men, or any one man in any description. No! the charges against me are all of one kind: that I have pushed the prin- ciples of general justice and benevolence too far,—further than a cautious policy would warrant, and further than the Opinions of many would go along with me. In every acci- PARLIAMENTARY CONDUCT 187 dent which may happen through life, in pain, in sorrow, in depression, and distress, I will call to mind this accusation, and be comforted. | Gentlemen, I submit the whole to your judgment. Mr. Mayor, I thank you for the trouble you have taken on this occasion: in your state of health it is particularly obliging. If this company should think it advisable for me to with- draw, I shall respectfully retire; if you think otherwise, I shall go directly to the Council-House and to the ’Change, and without a moment's delay begin my canvass. NOTES, 1. Irish Perpetual Mutiny Act. 2. Mr. Williams. 3. The Chancellor. a ua eae ie , ON DECLINING THE POLL (Delivered in Bristol, Saturday, September 9, 1780.) THIS morning the sheriff and candidates assembled as usual at the Council-House, and from thence proceeded to Guildhall. Proclamation being made for the electors to appear and give their votes, Mr. Burke stood forward on the hustings, surrounded by a great number of the cor- poration and other principal citizens, and addressed himself to the whole assembly as follows : ENTLEMEN,—I decline the election. It has ever been my rule through life to observe a proportion between my efforts and my objects. I have never been re- markable for a bold, active, and sanguine pursuit of advan- tages that are personal to myself. I have not canvassed the whole of this city in form, but I have taken such a view of it as satishles my own mind that your choice will not ultimately fall upon me. Your city, Gentlemen, is in a state of miserable distraction, and I am resolved to withdraw whatever share my pretensions may have had in its unhappy divisions. I have not been in haste; I have tried all prudent means. I have waited for the effect of all contingencies. If I were fond of a contest, by the partiality of my numerous friends (whom you know to be among the most weighty and respectable people of the city) I have the means of a sharp one inmy hands. But I thought it far better, with my strength unspent and my reputation unimpaired, to do, early and from foresight, that which I might be obliged to do from necessity at last. I am not in the least surprised nor in the least angry at this view of things. I have read the book of life for a long 189 190 BURKE time, and I have read other books a little. Nothing has happened to me, but what has happened to men much better than me, and in times and in nations full as good as the age and country that we live in. To say that I am no way con- cerned would be neither decent nor true. The representa- tion of Bristol was an object on many accounts dear to me; and I certainly should very far prefer it to any other in the kingdom. My habits are made to it; and it is in general more unpleasant to be rejected after iene trial than not to be chosen at all. But, Gentlemen, I will see noenite except your former kindness, and I will give way to no other sentiments than those of gratitude. From the bottom of my heart I thank you for what you have done for me. You have given mea long term, which is now expired. I have performed the conditions, and enjoyed all the profits to the full; and I now surrender your estate into your hands, without being in a single tile or a single stone impaired or wasted by my use. I have served the public for fifteen years. I have served you in particular for six. What is past is well stored ; it is safe, and out of the power of fortune. What is to come is in wiser hands than ours; and He in whose hands it is best knows whether it is best for you and me that I should be in Parlia- ment, or even in the world. : Gentlemen, the melancholy event of yesterday reads to us an awful lesson against being too much troubled about any of the objects of ordinary ambition. The worthy gentle- man! who has been snatched from us at the moment of the: election, and in the middle of the contest, whilst his desires: were as warm and his hopes as eager as ours, has feelingly told us what shadows we are and what shadows we pursue. It has been usual for a candidate who declines to take his leave by a letter to the sheriffs: but I received your trust in the face of day, and in the face of day I accept your dismis- sion. I am not—TI am not at all ashamed to look upon you; nor can my presence discompose the order of business here. I humbly and respectfully take my leave of the sheriffs, the ON DECLINING THE POLL IOI candidates, and the electors, wishing heartily that the choice may be for the best, at a time which calls, if ever time did call, for service that is not nominal. It is no plaything you are about. I tremble, when I consider the trust I have pre- sumed to ask. I confided, perhaps, too much in my inten- tions. They were really fair and upright; and I am bold to say that I ask no ill thing for you, when, on parting from this place, I pray, that, whomever you choose to succeed me, he may resemble me exactly in all things, except in my abili- ties to serve, and my fortune to please you.’ NOTE 1. Mr. Coombe. ON THE SUBLIME AND BEAUTIFUL ON THE SUBLIME AND BEAUTIFUL THE AUTHOR'S PREFACE I HAVE endeavoured to make this edition something more full and satisfac- tory than the first. I have sought with the utmost care, and read with equal attention, everything which has appeared in public against my opinions ; I have taken advantage of the candid liberty of my friends; and if by these means I have been better enabled to discover the imperfections of the work, the indulgence it has received, imperfect as it was, furnished me with a new motive to spare no reasonable pains for its improvement. Though I have not found sufficient reason, or what appeared to me sufficient, for making any material change in my theory, I have found it necessary in many places to explain, illustrate, and enforce it. I have prefixed an introductory discourse concerning Taste; it is a matter curious in itself; and it leads naturally enough to the principal inquiry. This, with the other explanations, has made the work considerably larger; and by increasing its bulk has, I am afraid, added to its faults; so that notwithstanding all my attention, it may stand in need of a yet greater share of indulgence than it required at its first appearance. They who are accustomed to studies of this nature will expect, and they will allow too for many faults. They know that many of the objects of our in- quiry are in themselves obscure and intricate; and that many others have been rendered so by affected refinements, or false learning; they know that there are many impediments in the subject, in the prejudices of others, and even in our own, that render it a matter of no small difficulty to showina clear light the genuine face of nature. They know that whilst the mind is in- tent on the general scheme of things, some particular parts must be neglected ; that we must often submit the style to the matter, and frequently give up the praise of elegance, satisfied with being clear. The characters of nature are legible, it is true; but they are not plain enough to enable those who run, to read them. We must make use of a cautious, I had almost said, a timorous method of proceeding. We must not attempt to fly, when we can scarcely pretend to creep. In considering any complex matter, we ought to examine every distinct ingredient in the composition, one by one; and reduce everything to the utmost simplicity ; since the condition of our nature binds us to a strict law and very narrow limits. We ought after- 195 196 BURKE wards to re-examine the principles by the effect of the composition, as well as the composition by that of the principles. We ought to compare our subject with things of a similar nature, and even with things of a contrary nature; for discoveries may be, and often are made by the contrast, which would escape us on the single view. The greater number of the comparisons we make, the more general and the more certain our knowledge is likely to prove, as built upon a more extensive and perfect induction. If an inquiry thus carefully conducted should fail at last of discovering the truth, it may answer an end perhaps as useful, in discovering to us the weak- ness of our own understanding. If it does not make us knowing, it may make us modest. If it does not preserve us from error, it may at least from the spirit of error; and may make us cautious of pronouncing with positiveness or with haste, when so much labour may end in so much uncertainty. I could wish that, in examining this theory, the same method were pursued which I endeavoured to observe in forming it. The objections, in my opinion, ought to be proposed, either to the several principles as they are distinctly considered, or to the justness of the conclusion which is drawn from them. But it is common to pass over both the premises and conclusion in silence, and to produce, as an objection, some poetical passage which does not seem easily accounted for upon the principles I endeavour to establish. This manner of proceeding I should think very improper. The task would be infinite, if we could establish no principle until we had previously unraveled the complex texture of every image or description to be found in poets and orators. And though we should never be able to reconcile the effect of such images to our principles, this can never overturn the theory itself, whilst it is founded on certain and indisputable facts. A theory founded on experiment, and not assumed, is always good for so much as it explains. Our inability to push it indefinitely is no argument at all against it. This inability may be owing to our ignorance of some necessary mediums; to a want of proper application; to many other causes besides a defect in the principles we employ. In reality, the subject requires a much closer attention than we dare claim from our manner of treating it. If it should not appear on the face of the work, I must caution the reader against imagining that I intended a full dissertation on the Sublime and Beau- tiful. My inquiry went no farther than to the origin of these ideas. If the qualities which I have ranged under the head of the Sublime be all found con- sistent with each other, and all different from those which I place under the head of Beauty; and if those which compose the class of the Beautiful have the same consistency with themselves, and the same opposition to those which are classed under the denomination of Sublime, I am in little pain whether anybody chooses to follow the name I give them or not, provided he allows that what I dispose under different heads are in reality different things in nature. The use I make of the words may be blamed, as too confined or too extended; my meaning can not well be misunderstood. To conclude: whatever progress may be made towards the discovery of truth in this matter, I do not repent the pains I have taken in it. The use of such inquiries may be very considerable. Whatever turns the soul inward on ON THE SUBLIME AND BEAUTIFUL 197 itself, tends to concentre its forces, and to fit it for greater and stronger flights of science. By looking into physical causes our minds are opened and en- larged; and in this pursuit, whether we take or whether we lose our game, the chase is certainly of service. Cicero, true as he was to the academic phi- losophy and consequently led to reject the certainty of physical, as of every other kind of knowledge, yet freely confesses its great importance to the human understanding: “ Est animorum ingeniorumque nostrorum naturale quoddam quasi pabulum consideratio contemplatioque nature.” If we can direct the lights we derive from such exalted speculations upon the humbler field of the imagination, whilst we investigate the springs, and trace the courses of our passions, we may not only communicate to the taste a sort of philosophical solidity, but we may reflect back on the severer sciences some of the graces and elegancies of taste, without which the greatest proficiency in those sciences will always have the appearance of something illiberal. t yee ne eb ile oe at’, Whur’ im vet ity ro... asia pHrsvaise' “ON Se ea Cate ee rehis Hhe eD aae e agat : , "i , oe eee, ie hah ; 7 " + w d ae i si, dan seated: anon Sa ~~ eee a EP LAR ah Geet at arrd Vow ¥ ¢ Ke rt i ee De % , : u dy 2 fF O54 ick re es + eda OF ano A ADE 4 ‘ ” ‘ I Vite ’ ete ah. Ga tie Ln i , . . | Lai Y oritubreiinuy abe tae LRTI 2 4 rh 2 ¥ q . tie f ra a ¢ , sab. , eh) | | ; ; ROY fly q ; Wit Oe Downe: es nbn y ] ties Se at ae ' far . i i 4 , i ae “I f INTRODUCTION TASTE N a superficial view we may seem to differ very widely from each other in our reasonings, and no less in our pleasures: but, notwithstanding this difference, which I think to be rather apparent than real, it is probable that the standard both of reason and taste is the same in all human creatures. For if there were not some principles of judgment as well as of sentiment common to all mankind, no hold could possibly be taken either on their reason or their passions, sufficient to maintain the ordinary corre- spondence of life. It appears, indeed, to be generally ac- knowledged, that with regard to truth and falsehood there is something fixed. We find people in their disputes con- tinually appealing to certain tests and standards, which are allowed on all sides, and are supposed to be established in our common nature. But there is not the same obvious concur- rence in any uniform or settled principles which relate to taste. It is even commonly supposed that this delicate and aerial faculty, which seems too volatile to endure even the chains of a definition, can not be properly tried by any test, nor regulated by any standard. There is so continual a call for the exercise of the reasoning faculty ; and it is so much strengthened by perpetual contention, that certain maxims of right reason seem to be tacitly settled amongst the most ignorant. The learned have improved on this rude science, and reduced those maxims into a system. If taste has not been so happily cultivated, it was not that the subject was 199 200 BURKE barren, but that the labourers were few or negligent ; for, to say the truth, there are not the same interesting motives to impel us to fix the one, which urge us to ascertain the other. And, after all, if men differ in their opinion concerning such matters, their difference is not attended with the same im- portant consequences; else I make no doubt but that the logic of taste, if I may be allowed the expression, might very possibly be as well digested, and we might come to discuss matters of this nature with as much certainty, as those which seem more immediately within the province of mere reason. And, indeed, it is very necessary, at the entrance into such an inquiry as our present, to make this point as clear as pos- sible; for if taste has no fixed principles, if the imagination is not affected according to some invariable and certain laws, our labour is likely to be employed to very little purpose; as it must be judged an useless, if not an absurd undertaking, to lay down rules for caprice, and to set up for a legislator of whims and fancies. The term taste, like all other figurative terms, is not ex- tremely accurate; the thing which we understand by it is far from a simple and determinate idea in the minds of most men, and it is therefore liable to uncertainty and confusion. I have no great opinion of adefinition, the celebrated remedy for the cure of this disorder. For, when we define, we seem in danger of circumscribing nature within the bounds of our own notions, which we often take up by hazard or embrace on trust, or form out of a limited and partial con- sideration of the object before us; instead of extending our ideas to take in all that nature comprehends, according to her manner of combining. We are limited in our inquiry by the strict laws to which we have submitted at our setting out. Circa vilem patulumque morabimur orbem, Unde pudor proferre pedem vetat aut operis lex. A. definition may be very exact, and yet go but a very little way towards informing us of the nature of the thing defined; but let the virtue of a definition be what it will, in ON THE SUBLIME AND BEAUTIFUL 201 the order of things, it seems rather to follow than to precede our inquiry, of which it ought to be considered as the result. It must be acknowledged that the methods of disquisition and teaching may be sometimes different, and on very good reason undoubtedly ; but, for my part, I am convinced that the method of teaching which approaches most nearly to the method of investigation is incomparably the best; since, not content with serving up a few barren and lifeless truths, it leads to the stock on which they grew; it tends to set the reader himself in the track of invention, and to direct him into those paths in which the author has made his own dis- coveries, if he should be so happy as to have made any that are valuable. But to cut off all pretense for caviling, I mean by the word taste, no more than that faculty or those faculties of the mind, which are affected with, or which form a judgment of, the works of imagination and the elegant arts. This is, I think, the most general idea of that word, and what is the least connected with any particular theory. And my point in this inquiry is, to find whether there are any principles, on which the imagination is affected, so common to all, so grounded and certain, as to supply the means of reasoning satisfactorily about them. And such principles of taste I fancy there are; however paradoxical it may’ seem to those, who on a superficial view imagine that there is so great a diversity of tastes, both in kind and degree, that nothing can be more indeterminate. All the natural powers in man, which I know, that are conversant about external objects, are the senses; the imagi- nation; and the judgment. And first with regard to the senses. We do and we must suppose, that as the conforma- tion of their organs are nearly or altogether the same in all men, so the manner of perceiving external objects is in all men the same, or with little difference. We are satisfied that what appears to be light to one eye, appears light to another; that what seems sweet to one palate, is sweet to another; that what is dark and bitter to this man, is likewise 202 BURKE dark and bitter to that ; and we conclude in the same man- ner of great and little, hard and soft, hot and cold, rough and smooth ; and indeed of all the natural qualities and affec- tions of bodies. If we suffer ourselves to imagine, that their senses present to different men different images of things, this sceptical proceeding will make every sort of reasoning on every subject vain and frivolous, even that sceptical reasoning itself which had persuaded us to entertain a doubt concerning the agreement of our perceptions. But as there will be little doubt that bodies present similar images to the whole species, it must necessarily be allowed, that the pleas- ures and the pains which every object excites in one man, — it must raise in all mankind, whilst it operates naturally, simply, and by its proper powers only: for if we deny this, we must imagine that the same cause, operating in the same manner, and on subjects of the same kind, will produce different effects; which would be highly absurd. Let us first consider this point in the sense of taste, and the rather as the faculty in question has taken its name from that sense. All men are agreed to call vinegar sour, honey sweet, and aloes bitter; and as they are all agreed in finding these quali- ties in those objects, they do not in the least differ concern- ing their effects with regard to pleasure and pain. They all concur in calling sweetness pleasant, and sourness and bitter- ness unpleasant. Here there is no diversity in their senti- _ ments; and that there is not, appears fully from the consent of all men in the metaphors which are taken from the sense — of taste. A sour temper, bitter expressions, bitter curses, a bitter fate, are terms well and strongly understood by all. And we are altogether as well understood when we say, a sweet disposition, a sweet person, a sweet condition and the like. It is confessed, that custom and some other causes have made many deviations from the natural pleasures or pains which belong to these several tastes; but then the power of distinguishing between the natural and the acquired relish remains to the very last. A man frequently comes to prefer the taste of tobacco to that of sugar, and the flavour of ON THE SUBLIME AND BEAUTIFUL 203 vinegar to that of milk; but this makes no confusion in tastes, whilst he is sensible that the tobacco and vinegar are not sweet, and whilst he knows that habit alone has recon- ciled his palate to these alien pleasures. Even with sucha person we may speak, and with sufficient precision, concern- ing tastes. But should any man be found who declares, that to him tobacco has a taste like sugar, and that he can not distinguish between milk and vinegar ; or that tobacco and vinegar are sweet, milk bitter, and sugar sour; we im- mediately conclude that the organs of this man are out of order, and that his palate is utterly vitiated. We are as far from conferring with such a person upon tastes, as from reasoning concerning the relations of quantity with one who should deny that all the parts together were equal to the whole. We do not call a man of this kind wrong in his notions, but absolutely mad. Exceptions of this sort, in either way, do not at all impeach our general rule, nor make us conclude that men have various principles concerning the relations of quantity or the taste of things. So that when it is said, taste can not be disputed, it can’ only mean, that no one can strictly answer what pleasure or pain some par- ticular man may find from the taste of some particular thing. This indeed can not be disputed; but we may dispute, and with sufficient clearness too, concerning the things which are naturally pleasing or disagreeable to the sense. But when we talk of any particular or acquired relish, then we must know the habits, the prejudices, or the distempers of this particular man, and we must draw our conclusion from those. This agreement of mankind is not confined to the taste solely. The principle of pleasure derived from sight is the same in all, Light is more pleasing than darkness. Sum- mer, when the earth is clad in green, when the heavens are serene and bright, is more agreeable than winter, when every- thing makes a different appearance. I never remember that anything beautiful, whether a man, a beast, a bird, ora plant, was ever shown, though it were to a hundred people, that they did not all immediately agree that it was beautiful, 204 BURKE though some might have thought that it fell short of their expectation, or that other things werestillfiner. I believeno man thinks a goose to be more beautiful than a swan, or imagines that what they call a Friesland hen excels a pea- cock. It must be observed too, that the pleasures of the sight are not near so complicated, and confused, and altered by unnatural habits and associations, as the pleasures of the taste are; because the pleasures of the sight more commonly acquiesce in themselves; and are not so often altered by considerations which are independent of the sight itself. But things do not spontaneously present themselves to the palate as they do to the sight; they are generally applied to it, either as food or as medicine; and from the qualities which they possess for nutritive or medicinal purposes they often form the palate by degrees, and by force of these associations. Thus opium is pleasing to Turks, on account of the agreeable delirium it produces. ‘Tobacco is the delight of Dutchmen, as it diffuses a torpor and pleasing stupefac- tion. Fermented spirits please our common people, because they banish care, and all consideration of future or present evils. All of these would lie absolutely neglected if their properties had originally gone no further than the taste; but all these, together with tea and coffee, and some other things, have passed from the apothecary’s shop to our tables, and were taken for health long before they were thought of for pleasure. The effect of the drug has made us use it frequently; and frequent use, combined with the agreeable effect, has made the taste itself at last agreeable. But this does not in the least perplex our reasoning; because we dis- tinguish to the last the acquired from the natural relish. In describing the taste of an unknown fruit, you would scarcely say that it had a sweet and pleasant flavour like tobacco, opium, or garlic, although you spoke to those who were in the constant use of these drugs, and had great pleasure in them. There is in all men a sufficient remembrance of the original natural causes of pleasure, to enable them to bring all things offered to their senses to that standard, and to ON THE SUBLIME AND BEAUTIFUL 205 regulate their feelings and opinions by it. Suppose one who had so vitiated his palate as to take more pleasure in the taste of opium than in that of butter or honey, to be pre- sented with a bolus of squills: there is hardly any doubt but that he would prefer the butter or honey to this nau- seous morsel, orto any other bitter drug to which he had not been accustomed ; which proves that his palate was naturally like that of other men in all things, that it is still like the palate of other men in many things, and only vitiated in some particular points. For in judging of any new thing, even of a taste similar to that which he has been formed by habit to like, he finds his palate affected in the natural man- ner, and on the common principles. Thus the pleasure of all the senses, of the sight, and even of the taste, that most ambiguous of the senses, is the same in all, high and low, learned and unlearned. Besides the ideas, with their annexed pains and pleasures, which are presented by the sense; the mind of man pos- sesses a sort of creative power of its own; either in represent- ing at pleasure the images of things in the order and manner in which they were received by the senses, or in combining those images in a new manner, and according to a different order. This power is called imagination; and to this be- longs whatever is called wit, fancy, invention, and the like. But it must be observed, that this power of the imagination is incapable of producing anything absolutely new; it can only vary the disposition of those ideas which it has re- ceived from the senses. Now the imagination is the most extensive province of pleasure and pain, as it is the region of our fears and our hopes, and of all our passions that are connected with them; and whatever is calculated to affect the imagination with these commanding ideas, by force of any original natural impression, must have the same power pretty equally over all men. For since the imagination is only the representation of the senses, it can only be pleased or displeased with the images, from the same principle on which the sense is pleased or displeased with the realities; 206 BURKE and consequently there must be just as close an agreement in the imaginations as in the senses of men. A little at- tention will convince us that this must of necessity be the case. But in the imagination, besides the pain or pleasure arising from the properties of the natural object, a pleasure is per- ceived from the resemblance which the imitation has to the original: the imagination, I conceive, can have no pleas- ure but what results from one or other of these causes. And these causes operate pretty uniformly upon all men, be- cause they operate by principles in nature, and which are not derived from any particular habits or advantages. Mr. Locke very justly and finely observes of wit, that it is chiefly conversant in tracing resemblances; he remarks, at the same time, that the business of judgment is rather in finding dif- ferences. It may perhaps appear, on this supposition, that there is no material distinction between the wit and the judgment, as they both seem to result from different opera- tions of the same faculty of comparing. But in reality, whether they are or are not dependent on the same power of the mind, they differ so very materially in many respects, that a perfect union of wit and judgment is one of the rarest things in the world. When two distinct objects are unlike to each other, it is only what we expect; things are in their common way; and therefore they make no impression on the imagination: but when two distinct objects have a re- semblance, we are struck, we attend to them, and we are pleased. The mind of man has naturally a far greater alac- rity and satisfaction in tracing resemblances than in search- ing for differences: because by making resemblances we pro- duce new images; we unite, we create, we enlarge our stock; but in making distinctions we offer no food at all to the im- agination; the task itself is more severe and irksome, and what pleasure we derive from it is something of a negative and indirect nature. A piece of news is told me in the morning; this, merely as a piece of news, as a fact added to my stock, gives me some pleasure. In the evening I find ON THE SUBLIME AND BEAUTIFUL 207 there was nothing in it. What do I gain by this, but the dissatisfaction to find that I had been imposed upon? Hence it is that men are much more naturally inclined to belief than to incredulity. And it is upon this principle, that the most ignorant and barbarous nations have frequently excelled in similitudes, comparisons, metaphors, and alle- gories, who have been weak and backward in distinguishing and sorting their ideas. And it is for a reason of this kind, that Homer and the oriental writers, though very fond of similitudes, and though they often strike out such as are truly admirable, seldom take care to have them exact; that is, they are taken with the general resemblance, they paint it strongly, and they take no notice of the difference which may be found between the things compared. Now as the pleasure of resemblance is that which princi- pally flatters the imagination, all men are nearly equal in this point, as far as their knowledge of the things represented or compared extends. The principle of this knowledge is very much accidental, as it depends upon experience and observation, and not on the strength or weakness of any natural faculty ; and it is from this difference in knowledge, that what we commonly, though with no great exactness, call a difference in taste proceeds. A man to whom sculp- ture is new, sees a barber’s block, or some ordinary piece of statuary ; he is immediately struck and pleased, because he sees something like a human figure; and, entirely taken up with this likeness, he does not at all attend to its defects. No person, I believe, at the first time of seeing a piece of imitation ever did. Some time after, we suppose that this novice lights upon a more artificial work of the same nature; he now begins to look with contempt on what he admired at first; not that he admired it even then for its unlikeness to a man, but for that general though inaccurate resemblance which it bore to the human figure. What he admired at different times in these so different figures, is strictly the same; and though his knowledge is improved, his taste is not altered. Hitherto his mistake was from a want of 208 BURKE knowledge in art, and this arose from his inexperience; but he may be still deficient from a want of knowledge in nature. For it is possible that the man in question may stop here, and that the masterpiece of a great hand may please him no more than the middling performance of a vulgar artist; and this not for want of better or higher relish, but because all men do not observe with sufficient accuracy on the human figure to enable them to judge properly of an imitation of it. And that the critical taste does not depend upon a superior principle in men, but upon superior knowledge, may appear from several instances. The story of the an- cient painter and the shoemaker is very well known. The shoemaker set the painter right with regard to some mis- takes he had made in the shoe of one of his figures, which the painter, who had not made such accurate observations on shoes, and was content with a general resemblance, had never observed. But this was no impeachment to the taste of the painter; it only showed some want of knowledge in the art of making shoes. Let us imagine, that an anatomist had come into the painter’s working-room. His piece is in general well done, the figure in question in a good attitude,. and the parts well adjusted to their various movements; yet the anatomist, critical in his art, may observe the swell of some muscle not quite just in the peculiar action of the figure. Here the anatomist observes what the painter had not observed; and he passes by what the shoemaker had remarked. But a want of the last critical knowledge in anatomy no more reflected on the natural good taste of the painter, or of any common observer of his piece, than the want of an exact knowledge in the formation of ashoe. A fine piece of a decollated head of St. John the Baptist was shown toa Turkish emperor: he praised many things, but he observed one defect: he observed that the skin did not shrink from the wounded part of the neck. The sultan on this occasion, though his observation was very just, discov- ered no more natural taste than the painter who executed this piece, or than a thousand European connoisseurs, who ON THE SUBLIME AND BEAUTIFUL 209 probably never would have made the same observation. His Turkish majesty had indeed been well acquainted with that terrible spectacle, which the others could only have repre- sented in their imagination. On the subject of their dislike there is a difference between all these people, arising from the different kinds and degrees of their knowledge; but there is something in common to the painter, the shoe- maker, the anatomist, and the Turkish emperor, the pleasure arising from a natural object, so far as each perceives it justly imitated; the satisfaction in seeing an agreeable figure; the sympathy proceeding from a striking and affect- ing incident. So far as taste is natural, it is nearly common to all. In poetry, and other pieces of imagination, the same parity may be observed. It is true, that one man is charmed with Don Bellianis, and reads Virgil coldly; whilst another is transported with the “ AZneid,’ and leaves Don Bellianis to children. These two men seem to have a taste very differ- ent from each other; but in fact they differ very little. In both these pieces, which inspire such opposite sentiments, a tale exciting admiration is told; both are full of action, both are passionate; in both are voyages, battles, triumphs, and continual changes of fortune. The admirer of Don Bellianis perhaps does not understand the refined language of the « ZEneid,” who, if it was degraded into the style of the _ “Pilgrim’s Progress,” might feel it in all its energy, on the same principle which made him an admirer of Don Bellianis. In his favourite author he is not shocked with the continual breaches of probability, the confusion of times, the offenses against manners, the trampling upon geography; for he knows nothing of geography and chronology, and he has never examined the grounds of probability. He perhaps reads of a shipwreck on the coast of Bohemia: wholly taken up with so interesting an event, and only solicitous for the fate of his hero, he is not in the least troubled at this ex- travagant blunder. For why should he be shocked at a ship- wreck on the coast of Bohemia, who does not know but 14 210 BURKE that Bohemia may be an island in the Atlantic ocean? and after all, what reflection is this on the natural good taste of the person here supposed ? So far then as taste belongs to the imagination, its princi- ple is the same in all men; there is no difference in the man- ner of their being affected, nor in the causes of the affection ; but in the degree there is a difference, which arises from two causes principally; either from a greater degree of natural sensibility, or from a closer and longer attention to the ob- ject. To illustrate this by the procedure of the senses, in which the same difference is found, let us suppose a very — smooth marble table to be set before two men; they both perceive it to be smooth, and they are both pleased with it because of this quality. So far they agree. But suppose another, and after that another table, the latter still smoother than the former, to be set before them. It is now very probable that these men, who are so agreed upon what is smooth, and in the pleasure from thence, will disagree when — they come to settle which table has the advantage in point of polish. Here is indeed the great difference between tastes, when men come to compare the excess or diminution of things which are judged by degree and not by measure, Nor is it easy, when such a difference arises, to settle the point, if the excess or diminution be not glaring. If we differ in opinion about two quantities, we can have recourse to a common measure, which may decide the question with the utmost exactness; and this, I take it, is what gives mathematical knowledge a greater certainty than any other. But in things whose excess is not judged by greater or smaller, as smoothness and roughness, hardness and softness, darkness and light, the shades of colours, all these are very easily distinguished when the difference is any way consid- erable, but not when it is minute, for want of some common measures, which perhaps may never come to be discovered. In these nice cases, supposing the acuteness of the sense equal, the greater attention and habit in such things will have the advantage. In the question about the tables, the ON THE SUBLIME AND BEAUTIFUL 211 marble-polisher will unquestionably determine the most accurately. But notwithstanding this want of a common measure for settling many disputes relative to the senses, and their representative the imagination, we find that the principles are the same in all, and that there is no disagree- ment until we come to examine into the pre-eminence or difference of things, which brings us within the province of the judgment. So long as we are conversant with the sensible qualities of things, hardly any more than the imagination seems con- cerned; little more also than the imagination seems con- cerned when the passions are represented, because by the force of natural sympathy they are felt in all men without any recourse to reasoning, and their justness recognized in every breast. Love, grief, fear, anger, Joy, all these passions have, in their turns, affected every mind; and they do not affect it in an arbitrary or casual manner, but upon certain, natural, and uniform principles. But as many of the works of imagination are not confined to the representation of sensible objects, nor to effects upon the passions, but extend themselves to the manners, the characters, the actions, and designs of men, their relations, their virtues and vices, they come within the province of the judgment, which is im- proved by attention, and by the habit of reasoning. All these make avery considerable part of what are considered as the objects of taste; and Horace sends us to the schools of philosophy and the world for our instruction in them. Whatever certainty is to be acquired in morality and the science of life; just the same degree of certainty have we in what relates to them in works of imitation. Indeed it is for the most part in our skill in manners, and in the observ- ances of time and place, and of decency in general, which is only to be learned in those schools to which Horace recom- mends us, that what is called taste, by way of distinction, consists: and which is in reality no other than a more refined judgment. On the whole, it appears to me, that what is called taste, in its most general acceptation, is not a simple 212 BURKE idea, but is partly made up of a perception of the primary pleasures of sense, of the secondary pleasures of the imagi- nation, and of the conclusions of the reasoning faculty, concerning the various relations of these, and concerning the human passions, manners, and actions. All this is requisite to form taste, and the groundwork of all these is the same in the human mind; for as the senses are the great originals of all our ideas, and consequently of all our pleasures, if they are not uncertain and arbitrary, the whole groundwork of taste is common to all, and therefore there is a sufficient foundation fora conclusive reasoning on these matters. Whilst we consider taste merely according to its nature and species, we shall find its principles entirely uniform ; but the degree in which these principles prevail, in the several individuals of mankind, is altogether as different as the principles themselves are similar. For sensibility and judg- ment, which are the qualities that compose what we com- monly call a taste, vary exceedingly in various people. From a defect in the former of these qualities arises a want of taste; a weakness in the latter constitutes a wrong ora bad one. There are some men formed with feelings so blunt, with tempers so cold and phlegmatic, that they can hardly be saidto be awake during the whole course of their lives. Upon such persons the most striking objects make but a faint and obscure impression. There are others so continu- ally in the agitation of gross and merely sensual pleasures, or so occupied in the low drudgery of avarice, or so heated in the chase of honours and distinction, that their minds, which had been used continually to the storms of these violent and tempestuous passions, can hardly be put in motion by the delicate and refined play of the imagination. These men, though from a different cause, become as stupid and insensible as the former; but whenever either of these happen to be struck with any natural elegance or greatness, or with these qualities in any work of art, they are moved upon the same principle. ON THE SUBLIME AND BEAUTIFUL 213 The cause of a wrong taste is a defect of judgment. And this may arise from a natural weakness of understanding (in whatever the strength of that faculty may consist), or, which is much more commonly the case, it may arise from a want of a proper and well-directed exercise, which alone can make it strong and ready. Besides, that ignorance, inattention, prejudice, rashness, levity, obstinacy, in short, all those pas- sions, and all those vices, which pervert the judgment in other matters, prejudice it no less in this its more refined and elegant province. These causes produce different opin- ions upon everything which is an object of the understand- ing, without inducing us to suppose that there are no settled principles of reason. And indeed, on the whole, one may observe, that there is rather less difference upon matters of taste among mankind, than upon most of those which de- pend upon the naked reason; and that men are far better agreed on the excellence of a description in Virgil, than on the truth or falsehood of a theory of Aristotle. A rectitude of judgment in the arts, which may be called a good taste, does in a great measure depend upon sensi- — bility ; because if the mind has no bent to the pleasures of the imagination, it will never apply itself sufficiently to works of that species to acquire a competent knowledge in them. But though a degree of sensibility is requisite to form a good judgment, yet a good judgment does not necessarily arise from a quick sensibility of pleasure ; it fre- quently happens that a very poor judge, merely by force of a greater complexional sensibility, is more affected by avery poor piece, than the best judge by the most perfect; for as everything new, extraordinary, grand, or passionate, is well calculated to affect such a person, and that the faults do not affect him, his pleasure is more pure and unmixed; and as it is merely a pleasure of the imagination, it is much higher than any which is derived from a rectitude of the judgment ; the judgment is for the greater part employed in throwing stumbling-blocks in the way of the imagination, in dissipat- ing the scenes of its enchantment, and in tying us down to 214 BURKE the disagreeable yoke of our reason: for almost the only pleasure that men have in judging better than others, con- sists in a sort of conscious pride and superiority, which arises from thinking rightly; but then this is an indirect pleasure, a pleasure which does not immediately result from the object which is under contemplation. In the morning of our days, when the senses are unworn and tender, when the whole man is awake in every part, and the gloss of novelty fresh upon all the objects that surround us, how lively at that time are our sensations, but how false and inaccurate the judgments we form of things! I despair of ever receiving the same degree of pleasure from the most excellent perform- ances of genius, which I felt at that age from pieces which my present judgment regards as trifling and contemptible. Every trivial cause of pleasure is apt to affect the man of too sanguinea complexion: his appetite is too keen to suffer his taste to be delicate; and he is in all respects what Ovid says of himself in love, Molle meum levibus cor est violabile telis, Et semper causa est, cur ego semper amem. One of this character can never bea refined judge; never what the comic poet calls “elegans formarum spectator.” ’ The: excellence and force of a composition must always be imperfectly estimated from its effect on the minds of any, except we know the temper and character of those minds. The most powerful effects of poetry and music have been displayed, and perhaps are still displayed, where these arts are but in a very low and imperfect state. The rude hearer is affected by the principles which operate in these arts even in their rudest condition; and he is not skilful-enough to perceive the defects. But as the arts advance towards their perfection, the science of criticism advances with equal pace, and the pleasure of judges is frequently interrupted by the faults which are discovered in the most finished com- positions. Before I leave this subject, I cannot help taking notice of ON THE SUBLIME AND BEAUTIFUL 215 an opinion which many persons entertain, as if the taste were a separate faculty of the mind, and distinct from the judgment and imagination ; a species of instinct, by which we are struck naturally, and at the first glance, without any previous reasoning, with the excellences or defects of a composition. So faras the imagination and the passions are concerned, I believe it true that the reason is little con- » sulted ; but where disposition, where decorum, where con- - gruity are concerned, in short, wherever the best taste dif.- fers from the worst, I am convinced that the understanding operates, and nothing else; and its operation is in reality far from being always sudden, or, when it is sudden, it is often far from being right. Men of the best taste by con- sideration come frequently to change these early and pre- cipitate judgments, which the mind, from its aversion to neu- trality and doubt, loves to form on the spot. It is known that the taste (whatever it is) is improved exactly as we im- prove our judgment, by extending our knowledge, by a steady attention to our object, and by frequent exercise. They who have not taken these methods, if their taste de- cides quickly, it is always uncertainly; and their quickness is owing to their presumption and rashness, and not to any sudden irradiation, that in a moment dispels all darkness from their minds. But they who have cultivated that spe- cies of knowledge which makes the object of taste, by de- grees and habitually attain not only a soundness but a readi- ness of judgment, as men do by the same methods on all other occasions. At first they are obliged to spell, but at last they read with ease and with celerity; but this celerity of its operation is no proof that the taste is a distinct fac- ulty. Nobody, I believe, has attended the course of a dis- cussion which turned upon matters within the sphere of mere naked reason, but must have observed the extreme readiness with which the whole process of the argument is carried on, the grounds discovered, the objections raised and answered, and the conclusions drawn from premises, with a quickness altogether as great as the taste can be supposed 216 BURKE to work with; and yet where nothing but plain reason either is or can be suspected to operate. To multiply principles for every different appearance is useless, and unphilosophical too in a high degree. This matter might be pursued much farther; but it is not the extent of the subject which must prescribe our bounds, for what subject does not branch out to infinity? It is the nature of our particular scheme, and the single point of view in which we consider it, which ought to put a stop to our researches, PARSER SL SECTION I NOVELTY HE first and the simplest emotion which we discover in the human mind is curiosity. By curiosity 1 mean whatever desire we have for, or whatever pleasure we take in, novelty. We see children perpetually running from place to place, to hunt out something new: they catch with great eagerness, and with very little choice, at whatever comes before them; their attention is engaged by every- thing, because everything has, in that stage of life, the charm of novelty to recommend it. But as those things, which engage us merely by their novelty, can not attach us for any length of time, curiosity is the most superficial of all the affections ; it changes its object perpetually ; it has an appetite which is very sharp, but very easily satisfied; and it has always an appearance of giddiness, restlessness, and anxiety. Curiosity, from its nature, isa very active princi- ple; it quickly runs over the greatest part of its objects, and soon exhausts the variety which is commonly to be met with in nature; the same things make frequent returns, and they return with less and less of any agreeable effect. In short, the occurrences of life, by the time we come to know it a little, would be incapable of affecting the mind with any other sensations than those of loathing and weariness, if many things were not adapted to affect the mind by means of other powers besides novelty in them, and of other pas- sions besides curiosity in ourselves. These powers and pas- sions shall be considered in their place. But, whatever these 217 218 BURKE powers are, or upon what principle soever they affect the mind, it is absolutely necessary that they should not be exerted in those things which a daily and vulgar use have brought into a stale unaffecting familiarity. Some degree of novelty must be one of the materials in every instrument which works upon the mind; and curiosity blends itself more or less with all our passions. | SEGTLONIIT PAIN AND PLEASURE IT seems, then, necessary towards moving the passions of people advanced in life to any considerable degree, that the objects designed for that purpose, besides their being in some measure new, should be capable of exciting pain or pleasure from other causes. Pain and pleasure are simple ideas, incapable of definition. People are not liable to be mistaken in their feelings, but they are very frequently wrong in the names they give them, and in their reasonings about them. Many are of opinion, that pain arises neces- sarily from the removal of some pleasure; as they think pleasure does from the ceasing or diminution of some pain. For my part, I am rather inclined to imagine, that pain and pleasure, in their most simple and natural manner of affect- ing, are each of a positive nature, and by no means neces- sarily dependent on each other for their existence. The human mind is often, and I think it is for the most part, in a state neither of pain nor pleasure, which I call a state of indifference. WhenI am carried from this state into a state of actual pleasure, it does not appear necessary that I should pass through the medium of any sort of pain. If in sucha state of indifference, or ease, or tranquillity, or call it what you please, you were to be suddenly entertained with a con- cert of music; or suppose some object of a fine shape, and bright, lively colours, to be presented before you; or imagine your smell is gratified with the fragrance of arose; or if, with- ON THE SUBLIME AND BEAUTIFUL 219 out any previous thirst, you were to drink of some pleasant kind of wine, or to taste of some sweetmeat without being hungry; in all the several senses, of hearing, smelling, and tasting, you undoubtedly find a pleasure; yet, if I inquire into the state of your mind previous to these gratifications, you will hardly tell me that they found you in any kind of pain; or, having satisfied these several senses with their several pleasures, will you say that any pain has succeeded, though the pleasure is absolutely over? Suppose, on the other hand, a man in the same state of indifference to receive a violent blow, or to drink of some bitter potion, or to have his ears wounded with some harsh and grating sound; here isno removal of pleasure; and yet here is felt, in every sense which is affected, a pain very distinguishable. It may be said, perhaps, that the pain in these cases had its rise from the removal of the pleasure which the man enjoyed before, though that pleasure was of so low a degree as to be per- ceived only by the removal. But this seems to me a sub- tilty that is not discoverable in nature. For if, previous to the pain, I do not feel any actual pleasure, I have no reason to judge that any such thing exists; since pleasure is only pleasure as it is felt. The same may be said of pain, and with equal reason. I can never persuade myself that pleas- ure and pain are mere relations, which can only exist as they are contrasted; but I think I can discern clearly that there are positive pains and pleasures, which do not at all depend upon each other. Nothing is more certain to my own feel- ings than this. There is nothing which I can distinguish in my mind with more clearness than the three states, of indif- ference, of pleasure, and of pain. Every one of these I can perceive without any sort of idea of its relation to anything else. Caius is afflicted with a fit of the colic; this man is actually in pain; stretch Caius upon the rack, he will feela much greater pain: but does this pain of the rack arise from the removal of any pleasure? or is the fit of the colic a pleasure or a pain just as we are pleased to consider it? 220 BURKE SECTION III _ THE DIFFERENCE BETWEEN THE REMOVAL OF PAIN AND POSITIVE PLEASURE WE shall carry this proposition yet a step further. We shall venture to propose, that pain and pleasure are not only not necessarily dependent for their existence on their mutual diminution or removal, but that, in reality, the diminution or ceasing of pleasure does not operate like positive pain ; and that the removal or diminution of pain, in its effect, has very little resemblance to positive pleasure. The former of these propositions will, I believe, be much more readily allowed than-the latter; because it is very evident that pleas- ure, when it has run its career, sets us down very nearly where it found us. Pleasure of every kind quickly satisfies; and, when it is over, we relapse into indifference, or, rather, we fall into a soft tranquillity which is tinged with the agree- able colour of the former sensation. I own it is not at first view so apparent that the removal of a great pain does not resemble positive pleasure: but let us recollect in what state we have found our minds upon escaping some imminent danger, or on being released from the severity of some cruel pain. We have on such occasions found, if I am not much mistaken, the temper of our minds in a tenor very remote from that which attends the presence of positive pleasure; we have found them in a state of much sobriety, impressed with a sense of awe, in a sort of tranquillity shadowed with horror. The fashion of the countenance and the gesture of the body on such occasions is so correspondent to this state of mind, that any person, a stranger to the cause of the ap- pearance, would rather judge us under some consternation, than in the enjoyment of anything like positive pleasure. ‘Q¢ 0 brav avdp’ ary mwuKivy AGB, bor’ evi waTpy bora kataxteivac, dAAwy ékixeto Sjpov, "Avdpoc é¢ agverod, OauBoc 0 Eee eioopdwrrac. Tliad. Q. 480. ON THE SUBLIME AND BEAUTIFUL 221 * As when a wretch, who, conscious of his crime, Pursued for murder from his native clime, Just gains some frontier, breathless, pale, amazed All gaze, all wonder!” This striking appearance of the man whom Homer supposes to have just escaped an imminent danger, the sort of mixed passion of terror and surprise, with which he affects the spectators, paints very strongly the manner in which we find ourselves affected upon occasions any way similar. For when we have suffered from any violent emotion, the mind naturally continues in something like the same condition, after the cause which first produced it has ceased to operate. The tossing of the sea remains after the storm ; and when this remain of horror has entirely subsided, all the passion which the accident raised subsides along with it; and the mind returns to its usual state of indifference. In short, pleasure (I mean anything either in the inward sensation, or in the outward appearance, like pleasure from a positive cause) has never, I imagine, its origin from the removal of pain or danger. NOTE 1 Mr. Locke [Essay on Human Understanding, 1. ii. c. 20, sect. 16,] thinks that the removal or lessening of a pain is considered and operates as a pleasure, and the loss or diminishing of pleasure as a pain. It is this opinion which we consider here. SECTION IV OF DELIGHT AND PLEASURE AS OPPOSED TO EACH OTHER BUT shall we therefore say, that the removal of pain or its diminution is always simply painful? or affirm that the cessation or the lessening of pleasure is always attended itself with a pleasure? By no means. What I advance is no more than this; first, that there are pleasures and pains of a positive and independent nature; and, secondly, that the feeling which results from the ceasing or diminution of 222 BURKE pain does not bear a sufficient resemblance to positive pleasure, to have it considered as of the same nature, or to entitle itto be known by the same name; and thirdly, that upon the same principle the removal or qualification of pleasure has no resemblance to positive pain. It is certain that the former feeling (the removal or moderation of pain) has something in it farfrom distressing, or disagreeable in its nature. This feeling, in many cases so agreeable, but in all so different from positive pleasure, has no name which I know; but that hinders not its being avery real one, and very different fromallothers. It is most certain, that every species of satisfaction or pleasure, how different soever in its manner of affecting, is of a positive nature in the mind of him who feels it. The affection is undoubtedly positive; but the cause may be, as in this case it certainly is, a sort of priva- tion. And it is very reasonable that we should distinguish by some term two things so distinct in nature, as a pleasure that is such simply, and without any relation, from that pleasure which can not exist without a relation, and that, too, a relation to pain. Very extraordinary it would be, if these affections, so distinguishable in their causes, so different in their effects, should be confounded with each other, because vulgar use has ranged them under the same general title. Whenever I have occasion to speak of this species of relative pleasure, I call it delight ; and I shall take the best care I can to use that word in no other sense. I am satisfied the word is not commonly used in this appropriated significa- tion; but I thought it better to take up a word already known, and to limit itssignification, than to introduce a new one, which would not perhaps incorporate so well with the language. I should never have presumed the least altera- tion in our words, if the nature of the language, framed for the purposes of business rather than those of philosophy, and the nature of my subject, that leads me out of the com- mon track of discourse, did not in a manner necessitate me to it. I shall make use of this liberty with all possible cau- tion. AsI make use of the word delight to express the ON THE SUBLIME AND BEAUTIFUL 223 sensation which accompanies the removal of pain or danger, so, when I speak of positive pleasure, I shall for the most part call it simply pleasure. SECTION, JOY AND GRIEF IT must be observed, that the cessation of pleasure affects the mind three ways. If it simply ceases after having con- tinued a proper time, the effect is indifference; if it be abruptly broken off, there ensues an uneasy sense called dis- appointment ; if the object be so totally lost that there is no chance of enjoying it again, a passion arises in the mind which is called grief. Now there is none of these, not even grief, which is the most violent, that I think has any re- semblance to positive pain. The person who grieves suffers his passion to grow upon him; he indulges it, he loves it: but this never happens in the case of actual pain, which no man ever willingly endured for any considerable time. That grief should be willingly endured, though far from a simply pleasing sensation, is not so difficult to be understood. It is the nature of grief to keepits object perpetually in its eye, to present it in its most pleasurable views, to repeat all the circumstances that attend it, even to the last minuteness; to go back to every particular enjoyment, to dwell upon each, and to find a thousand new perfections in all, that were not sufficiently understood before; in grief, the pleasure is still uppermost; and the affliction we suffer has no resemblance to absolute pain, which is always odious, and which we en- deavour to shake off as soonas possible. The ‘ Odyssey” of Homer, which abounds with so many natural and affecting images, has none more striking than those which Menelaus raises of the calamitous fate of his friends, and his own manner of feeling it. He owns, indeed, that he often gives himself some intermission from such melancholy reflections ; 224 BURKE but he observes, too, that, melancholy as they are, they give him pleasure. "AAW Eurcne mavrac ev Odupdpevoc Kal ayebwr, TloAAdnug év peydporor xabjuevoc juetépocory, "Addote pév te you dpéva téprropa,aAdore 0 atte Tlatowar aiynpo¢ dé Képog Kpvepoio yéor0, Hom. Od. A. Ioo. “ Still in short intervals of pleasing woe, Regardful of the friendly dues I owe, I to the glorious dead, forever dear, Indulge the tribute of a grateful tear.” On the other hand, when we recover our health, when we escape an imminent danger, is it with joy that we are affected ? The sense on these occasions is far from that smooth and voluptuous satisfaction which the assured prospect of pleas- ure bestows. The delight which arises from the modifica- tions of pain confesses the stock from whence it sprung, in its solid, strong, and severe nature. SECTION VL OF THE PASSIONS WHICII BELONG TO SELF-PRESERVATION Most of the ideas which are capable of making a power- ful impression on the mind, whether simply of pain or pleasure, or of the modifications of those, may be reduced very nearly to these'two heads, self-preservation, and society ; to the ends of one or the other of which all our passions are calculated to answer. The passions which concern self- preservation, turn mostly on pain or danger. The ideas of pain, sickness, and death, fill the mind with strong emo- tions of horror; but life and health, though they put usina capacity of being affected with pleasure, make no such im- pression by the simple enjoyment. The passions therefore which are conversant about the preservation of the individual turn chiefly on pain and danger, and they are the most powerful of all the passions. ON THE SUBLIME AND BEAUTIFUL 225 SECTION VII OF THE SUBLIME WHATEVER is fitted in any sort to excite the ideas of pain and danger, that is to say, whatever is in any sort ter- rible, or is conversant about terrible objects, or operates in a manner analogous to terror, is a source of the sublime; that is, it is productive of the strongest emotion which the mind is capable of feeling. Isay the strongest emotion, because I am satisfied the ideas of pain are much more powerful than those which enter on the part of pleasure. Without all doubt, the torments which we may be made to suffer are much greater in their effect on the body and mind, than any pleasures which the most learned voluptuary could suggest, or than the liveli- est imagination, and the most sound and exquisitely sensible body, could enjoy. Nay, Iam in great doubt whether any man could be found, who would earn a life of the most per- fect satisfaction at the price of ending it in the torments, which justice inflicted in a few hours on the late unfortunate regicide in France. But as pain is stronger in its operation than pleasure, so death is in general a much more affecting idea than pain; because there are very few pains, however exquisite, which are not preferred to death: nay, what generally makes pain itself, if I may say so, more painful, is, that it is considered as an emissary of this king of terrors. When danger or pain press too nearly, they are incapable of giving any delight, and are simply terrible; but at certain distances, and with certain modifications, they may be, and they are, delightful, as we every day experience. The cause of this I shall endeavour to investigate hereafter. a5 226 BURKE SECTION VIII OF THE PASSIONS WHICH BELONG TO SOCIETY THE other head under which I class our passions, is that of society, which may be divided into two sorts. First, the society of the sexes, which answers the purpose of propaga- tion ; and next, that more general society, which we have with men and with other animals, and which we may in some sort be said to have even with the inanimate world. The passions belonging to the preservation of the individual turn wholly on pain and danger : those which belong to genera- tion have their origin in gratifications and pleasures ; the pleasure most directly belonging to this purpose is of a lively character, rapturous and violent, and confessedly the highest pleasure of sense ; yet the absence of this so great an enjoyment scarce amounts to an uneasiness ; and, except at particular times, I do not think it affects at all. When men describe in what manner they are affected by pain and danger, they do not dwell on the pleasure of health.and the comfort of security, and then lament the loss of these satis- factions : the whole turns upon the actual pains and horrors which they endure. But if you listento the complaints of a forsaken lover, you observe that he insists largely on the pleasures which he enjoyed, or hoped to enjoy, and on the perfection of the object of his desires ; it is the loss which is always uppermost in his mind. The violent effects produced by love, which has sometimes been even wrought up to madness, is no objection to the rule which we seek to estab- lish. When men have suffered their imaginations to be long affected with any idea, it so wholly engrosses them as to shut out by degrees almost every other, and to break down every partition of the mind which would confine it. Any idea is sufficient for the purpose, as is evident from the infinite variety of causes, which give rise to madness: but this at most can only prove, that the passion of love is capable of producing very extraordinary effects, not that its extraor- dinary emotions have any connection with positive pain. ON THE SUBLIME AND BEAUTIFUL 227 SECTION IX THE FINAL CAUSE OF THE DIFFERENCE BETWEEN THE PASSIONS BELONGING TO SELF-PRESERVATION AND THOSE WHICH REGARD THE SOCIETY OF THE SEXES THE final cause of the difference in character between the passions which regard self-preservation, and those which are directed to the multiplication of the species, will illus- trate the foregoing remarks yet further ; and it is, I imagine, worthy of observation even upon its own account. As the performance of our duties of every kind depends upon life, and the performing them with vigour and efficacy depends upon health, we are very strongly affected with whatever threatens the destruction of either : but as we were not made to acquiesce in life and health, the simple enjoyment of them is not attended with any real pleasure, lest, satisfied with that, we should give ourselves over to indolence and inaction. On the other hand, the generation of mankind is a great purpose, and it is requisite that men should be animated to the pursuit of it by some great incentive. It is therefore attended with a very high pleasure; but as it is by no means designed to be our constant business, it is not fit that the absence of this pleasure should be attended with any considerable pain. The difference between men and brutes, in this point, seems to be remarkable. Men are at all times pretty equally disposed to the pleasures of love, because they are to be guided by reason in the time and manner of indulgingthem. Had any great pain arisen from the want of this satisfaction, reason, I am afraid, would find great difficulties in the performance of its office. But brutes that obey laws, in the execution of which their own reason has but little share, have their stated seasons; at such times it is notimprobable that the sensation from the want is very troublesome, because the end must be then answered, or be missed in many, perhaps forever; as the inclination returns only with its season. 228 BURKE SECTION X OF BEAUTY THE passion which belongs to generation, merely as such, is lust only. This is evident in brutes, whose passions are more unmixed, and which pursue their purposes more di- rectly than ours. The only distinction they observe with regard to their mates, is that of sex. It is true, that they stick severally to their own species in preference to all others. But this preference, I imagine, does not arise from any sense of beauty which they find in their species, as Mr. Addison supposes, but from a law of some other kind, to which they are subject; and this we may fairly conclude, from their apparent want of choice amongst those objects to which the barriers of their species have confined them. But man, who is a creature adapted toa greater variety and in- tricacy of relation, connects with the general passion the idea of some social qualities, which direct and heighten the appetite which he has in common with all other animals; and as he is not designed like them to live at large, it is fit that he should have something to create a preference, and fix his choice; and this in general should be some sensible quality ; as no other can so quickly, so powerfully, or so surely produce its effect. The object therefore of this mixed passion, which we call love, is the beauty of the sex. Men are carried to the sex in general, as it is the sex, and by the common law of nature; but they are attached to particulars by personal beauty. I call beauty a social quality; for where women and men, and not only they, but when other animals give us a sense of joy and pleasure in beholding them (and there are many that do so), they inspire us with sentiments of tenderness and affection towards their persons ; we like to have them near us, and we enter willingly into a kind of relation with them, unless we should have strong reasons to the contrary. But to what end, in many cases, this was designed, I am unable to discover; for I see no ON THE SUBLIME AND BEAUTIFUL 229 greater reason fora connection between man and several animals who are attired in so engaging a manner, than be- tween him and some others who entirely want this attraction, or possess it in a far weaker degree. But it is probable that Providence did not make even this distinction, but with a view to some great end; though we can not perceive dis- tinctly what it is, as his wisdom is not our wisdom, nor our ways his ways. SECTION XI SOCIETY AND SOLITUDE THE second branch of the social passions is that which administers to society in general. With regard to this, I observe, that society, merely as society, without any partic- ular heightenings, gives us no positive pleasure in the en- joyment ; but absolute and entire solitude, that is, the total and perpetual exclusion from all society, isas great a positive pain as can almost be conceived. Therefore in the balance between the pleasure of general society, and the pain of absolute solitude, pain is the predominant idea. But the pleasure of any particular social enjoyment outweighs very considerably the uneasiness caused by the want of that particular enjoyment; so that the strongest sensations rel- ative to the habitudes of particular society are sensations of pleasure. Good company, lively conversations, and the endearments of friendship, fill the mind with great pleasure ; a temporary solitude, on the other hand, is itself agreeable. This may perhaps prove that we are creatures designed for contemplation as well as action; since solitude as well as society has its pleasures; as from the former observation we may discern, that an entire life of solitude contradicts the purposes of our being, since death itself is scarcely an idea of more terror. 230 BURKE SECTION, XII SYMPATHY, IMITATION, AND AMBITION UNDER this denomination of society, the passions are of a complicated kind, and branch out into a variety of forms, agreeably to that variety of ends they are to serve in the great chain of society. The three principal links in this chain are sympathy, imitation, and ambition. SECTION XIIT SYMPATHY IT is by the first of these passions that we enter into the concerns of others; that we are moved as they are moved, and are never suffered to be indifferent spectators of almost anything which men can do or suffer. For sympathy must be considered as a sort of substitution, by which we are put into the place of another man, and affected in many respects as he is affected: so that this passion may either partake of the nature of those which regard self-preservation, and turn- ing upon pain may bea source of the sublime; or it may turn upon ideas of pleasure; and then whatever has been said of the social affections, whether they regard society in general, or only some particular modes of it, may be appli- cable here. It is by this principle chiefly that poetry, paint- ing, and other affecting arts, transfuse their passions from one breast to another, and are often capable of grafting a delight on wretchedness, misery, and death itself. It is a common observation, that objects which in the reality would shock, are in tragical, and such like representations, the source of a very high species of pleasure. This, taken asa fact, has been the cause of much reasoning. The satisfac- tion has been commonly attributed, first, to the comfort we receive in considering that so melancholy a story is no more ON THE SUBLIME AND BEAUTIFUL 231 than a fiction; and, next, to the contemplation of our own freedom from the evils which we see represented. I am afraid it is a practise much too common in inquiries of this nature, to attribute the cause of feelings which merely arise from the mechanical structure of our bodies, or from the natural frame and constitution of our minds, to certain con- clusions of the reasoning faculty on the objects presented to us; for I should imagine, that the influence of reason in pro- ducing our passions is nothing near so extensive as it is commonly believed. SECTION XIV THE EFFECTS OF SYMPATHY IN THE DISTRESSES OF OTHERS TO examine this point concerning the effect of tragedy in a proper manner, we must previously consider how we are affected by the feelings of our fellow-creatures in circum- stances of real distress. I am convinced we have a degree of delight, and that no small one, in the real misfortunes and pains of others; for let the affection be what it will in ap- pearance, if it does not make us shun such objects, if on the contrary it induces us to approach them, if it makes us dwell upon them, in this case I conceive we must have a delight or pleasure of some species or other in contemplating ob- jects of this kind. Do we not read the authentic histories of scenes of this nature with as much pleasure as romances or poems, where the incidents are fictitious? The pros- perity of no empire, nor the grandeur of no king, can so agreeably affect in the reading, as the ruin of the state of Macedon, and the distress of its unhappy prince. Such a catastrophe touches us in history as much as the destruction of Troy does in fable. Our delight, in cases of this kind, is very greatly heightened, if the sufferer be some excellent person who sinks under an unworthy fortune. Scipio and 232 BURKE Cato are both virtuous characters; but we are more deeply affected by the violent death of the one, and the ruin of the great cause he adhered to, than with the deserved triumphs and uninterrupted prosperity of the other: for terror is a passion which always produces delight when it does not press too closely; and pity is a passion accompanied with pleasure, because it arises from love and social affection. Whenever we are formed by nature to any active purpose, the passion which animates us to it is attended with delight, or a pleasure of some kind, let the subject-matter be what it will; and as our Creator has designed that we should be united by the bond of sympathy, he has strengthened that bond by a proportionable delight ; and there most where our sympathy is most wanted,—in the distresses of others. If this passion was simply painful, we would shun with the greatest care all persons and places that could excite such a passion; as some, who are so far gone in indolence as not to endure any strong impression, actually do. But the case is widely different with the greater part of mankind; there is no spectacle we so eagerly pursue, as that of some uncom- mon and grievous calamity ; so that whether the misfortune is before our eyes, or whether they are turned back to it in history, it always touches with delight. This is not an un- mixed delight, but blended with no small uneasiness, The delight we have in such things hinders us from shunning scenes of misery; and the pain we feel prompts us to relieve ourselves in relieving those who suffer; and all this antece- dent to any reasoning, by an instinct that works us to its own purposes without our concurrence. | SECTION XV OF THE EFFECTS OF TRAGEDY IT is thus in real calamities. In imitated distresses the only difference is the pleasure resulting from the effects of imitation; for it is never so perfect, but we can perceive it is ON THE SUBLIME AND BEAUTIFUL 233 imitation, and on that principle are somewhat pleased with it. And indeed in some cases we derive as much or more pleasure from that source than from the thing itself. But then I imagine we shall be much mistaken if we attribute any considerable part of our satisfaction in tragedy to the consideration that tragedy is a deceit, and its representations no realities. The nearer it approaches the reality, and the further it removes us from all idea of fiction, the more per- fect is its power. But be its power of what kind it will, it never approaches to what it represents. Choose a day on which to represent the most sublime and affecting tragedy we have; appoint the most favourite actors; spare no cost upon the scenes and decorations; unite the greatest efforts of poetry, painting, and music; and when you have collected your audience, just at the moment when their minds are erect with expectation, let it be reported that a state criminal of high rank is on the point of being executed in the adjoin- ing square; in a moment the emptiness of the theatre would demonstrate the comparative weakness of the imitative arts, and proclaim the triumph of the real sympathy. I believe that this notion of our having a simple pain in the reality, yet a delight in the representation, arises from hence, that we do not sufficiently distinguish what we would by no means choose to do, from what we should be eager enough to see if it was once done. We delight in seeing things, which so far from doing, our heartiest wishes would be to see redressed. This noble capital, the pride of England and of Europe, I believe no man is so strangely wicked as to desire to see destroyed by aconflagration or an earthquake, though he should be removed himself to the greatest distance from the danger. But suppose such a fatal accident to have happened, what numbers from all parts would crowd to behold the ruins, and amongst them many who would have been con- tent never to have seen London in its glory! Nor is it, either in real or fictitious distresses, our immunity from them which produces our delight; in my own mind I can discover nothing like it. I apprehend that this mistake is owing to a 234 BURKE sort of sophism, by which we are frequently imposed upon; it arises from our not distinguishing between what is indeed a necessary condition to our doing or suffering anything in general, and what is the cause of some particular act. Ifa man kills me with a sword, it is a necessary condition to this that we should have been both of us alive before the fact; and yet it would be absurd to say that our being both living creatures was the cause of his crime and of my death. So it is certain that it is absolutely necessary my life should be out of any imminent hazard, before I can take a delight in the sufferings of others, real or imaginary, or indeed in any- thing else from any cause whatsoever. But then it is a soph- ism to argue from thence that this immunity is the cause of my delight either on these or on any occasions. No onecan distinguish such a cause of satisfaction in his own mind, I believe ; nay, when we do not suffer any very acute pain, nor are exposed to any imminent danger of our lives, we can feel for others, whilst we suffer ourselves; and often then most when we are softened by affliction; we see with pity even distresses which we would accept in the place of our own, ee SECTION XVI IMITATION THE second passion belonging to society is imitation, or, if you will, a desire of imitating, and consequently a pleasure in it. This passion arises from much the same cause with sympathy. For as sympathy makes us take a concern in whatever men feel, so this affection prompts us to copy what- ever they do; and consequently we have a pleasure in imitat- ing, and in whatever belongs to imitation merely as it is such without any intervention of the reasoning faculty, but solely from our natural constitution, which Providence has framed in such a manner as to find either pleasure or delight, accord- ing to the nature of the object, in whatever regards the pur- ON THE SUBLIME AND BEAUTIFUL 235 poses of our being. Itis by imitation far more than by pre- cept, that we learn everything; and what we learn thus, we acquire not only more effectually, but more pleasantly. This forms our manners, our opinions, our lives. It is one of the strongest links of society ; it is a species of mutual compli- ance, which all men yield to each other, without constraint to themselves, and which is extremely flattering to all. Here- in it is that painting and many other agreeable arts have laid - one of the principal foundations of their power. And since, by its influence on our manners and our passions, it is of such great consequence, I shall here venture to lay down a rule, which may inform us with a good degree of certainty when we are to attribute the power of the arts to imitation, or to our pleasure in the skill of the imitator merely, and when to sympathy, or some other cause in conjunction withit. When the object represented in poetry or in painting is such as we could have no desire of seeing in the reality, then I may be sure that its power in poetry or painting is owing to the power of imitation, and to no cause operating in the thing itself. So it is with most of the pieces which the painters call still-life. In these a cottage, a dunghill, the meanest and most ordinary utensils of. the kitchen, are capable of giving us pleasure. But when the object of the painting or poem is such as we should run to see if real, let it affect us with what odd sort of sense it will, we may rely upon it that the power of the poem or picture is more owing to the nature of the thing itself than to the mere effect of imitation, or to a consideration of the skill of the imitator, however excellent. Aristotle has spoken so much and so solidly upon the force of imitation in his Poetics, that it makes any further dis- course upon this subject the less necessary. 236 BURKE SECTION XVII AMBITION ALTHOUGH imitation is one of the great instruments used by Providence in bringing our nature towards its perfection, yet if men gave themselves up to imitation entirely, and each followed the other, and so on in an eternal circle, it is easy to see that there never could be any improvement amongst ° them. Men must remain as brutes do, the same at the end that they are at this day, and that they were in the begin- ning of the world. To prevent this, God has planted in man a sense of ambition, and a satisfaction arising from the con- templation of his excelling his fellows in something deemed valuable amongst them. It is this passion that drives men to all the ways we see in use of signalizing themselves, and that tends to make whatever excites in a man the idea of this distinction so very pleasant. It has been so strong as to make very miserable men take comfort, that they were supreme in misery; and certain it is that, where we can not distinguish ourselves by something excellent, we begin to take a complacency in some singular infirmities, follies, or defects of one kind or other. It is on this principle that. flattery is so prevalent ; for flattery is no more than what raises in a man’s mind an idea of a preference which he has not. Now, whatever, either on good or upon bad grounds, tends to raise a man in his own opinion, produces a sort of swelling and triumph, that is extremely grateful to the human mind; and this swelling is never more perceived, nor operates with more force, than when without danger we are conversant with terrible objects ; the mind always claiming to itself some part of the dignity and importance of the things which it contemplates. Hence proceeds what Lon- ginus has observed of that glorying and sense of inward greatness, that always fills the reader of such passages in poets and orators as are sublime : it is what every man must have felt in himself upon such occasions. ON THE SUBLIME AND BEAUTIFUL 237 SECTION XVIII THE RECAPITULATION To draw the whole of what has been said into a few dis- tinct points :—The passions which belong to self-preserva- tion turn on pain and danger ; they are simply painful when their causes immediately affect us; they are delightful when we have an idea of pain and danger, without being actually _ in such circumstances ; this delight I have not called pleas- sure, because it turns on pain, and because it is different enough from any idea of positive pleasure. Whatever excites this delight, I call sublime. The passions belonging to self-preservation are the strongest of all the passions, The second head to which the passions are referred with relation to their final cause, issociety. There are two sorts of societies. The first is, the society of sex. The passion be- longing to this is called love, and it contains a mixture of lust ; its object is the beauty of women. The other is the great society with man and all other animals. The passion subservient to this is called likewise love, but it has no mix- ture of lust, and its object is beauty ; which is aname I shall apply to all such qualities in things as induce in usa sense of affection and tenderness, or some other passion the most nearly resembling these. The passion of love has its rise in positive pleasure ; it is, like all things which grow out of pleasure, capable of being mixed with a mode of uneasiness, that is, when an idea of its object is excited in the mind with an idea at the same time of having irretrievably lost it. This mixed sense of pleasure I have not called pain, because it turns upon actual pleasure, and because it is, both in its cause and in most of its effects, of a nature altogether dif- ferent. Next to the general passion we have for society, toa choice in which we are directed by the pleasure we have in the object, the particular passion under this head called sym- 238 BURKE pathy has the greatest extent. The nature of this passion is, to put us in the place of another in whatever circumstance he is in, and to affect us in a like manner ; so that this pas- sion may, as the occasion requires, turn either on pain or pleasure ; but with the modifications mentioned in some cases in Section 11. Astoimitation and preference, nothing more need be said. SECTION XIX THE CONCLUSION I BELIEVED that an attempt to range and methodize some of our most leading passions would be a good preparative to such an inquiry as we are going to make in the ensuing dis- course. The passions I have mentioned are almost the only ones which it can be necessary to consider in our present design; though the variety of the passions is great, and worthy, in every branch of that variety, of an attentive investigation. The more accurately we search into the human mind, the stronger traces we everywhere find of His wisdom who made it. Ifa discourse on the use of the parts of the body may be considered as a hymn to the Creator; the use of the passions, which are the organs of the mind, can not be barren of praise to him, nor unproductive to our- selves of that noble and uncommon union of science and admiration, which a contemplation of the works of infinite wisdom alone can afford toarational mind; whilst, referring to him whatever we find of right or good or fair in our- selves, discovering his strength and wisdom even in our own weakness and imperfection, honouring them where we dis- cover them clearly, and adoring their profundity where we are lost in our search, we may be inquisitive without im- pertinence, and elevated without pride; we may be ad- mitted, if I may dare to say so, into the counsels of the Almighty by a consideration of His works. The elevation of the mind ought to be the principal end of all our studies; ON THE SUBLIME AND BEAUTIFUL 239 which, if they do not in some measure effect, they are of very little service to us. But, besides this great purpose, a consideration of the rationale of our passions seems to me very necessary for all who would affect them upon solid and sure principles. It is not enough to know them in general; to affect them after a delicate manner, or to judge properly of any work designed to affect them, we should know the exact boundaries of their several jurisdictions; we should pursue them through all their variety of operations, and pierce into the inmost, and what might appear inaccessible parts of our nature, Quod latet arcana non enarrabile fibra. Without all this it is possible for a man, after a confused manner sometimes to satisfy his own mind of the truth of his work; but he can never have a certain determinate rule to go by, nor can he ever make his propositions sufficiently clear to others. Poets, and orators, and painters, and those who cultivate other branches of the liberal arts, have, with- out this critical knowledge, succeeded well in their several provinces, and will succeed: as among artificers there are many machines made and even invented without any exact knowledge of the principles they are governed by. It is, I own, not uncommon to be wrong in theory, and right in practise: and we are happy that it is so. Men often act right from their feelings, who afterwards reason but ill on them from principle; but as it is impossible to avoid an at- tempt at such reasoning, and equally impossible to prevent its having some influence on our practise, surely it is worth taking some pains to have it just, and founded on the basis of sure experience. We might expect that the artists them- selves would have been our surest guides; but the artists have been too much occupied in the practise: the philoso- phers have done little; and what they have done, was mostly with aview to their own schemes and systems; and as for those called critics, they have generally sought the rule of the arts in the wrong place; they sought it among poems, 240 BURKE pictures, engravings, statues, and buildings. But art can never give the rules that make an art. This is, I believe, the reason why artists in general, and poets, principally, have been confined in so narrow a circle: they have been rather imitators of one another than of nature; and this with so faithful an uniformity, and to so remote an antiquity, that itis hard to say who gave the first model. Critics follow them, and therefore can do little as guides. I can judge but poorly of anything, whilst I measure it by no other standard than itself. The true standard of the arts is in every man’s power; and an easy observation of the most common, some- times of the meanest things in nature, will give the truest lights, where the greatest sagacity and industry, that slights such observation, must leave us in the dark, or, what is worse, amuse and mislead us by false lights. In an inquiry it is almost everything to be oncein aright road. Iam satisfied I have done but little by these observations considered in themselves ; and I never should have taken the pains to digest them, much less should I have ever ventured to publish them if I was not convinced that nothing tends more to the corrup- tion of science than to suffer it tostagnate. These waters must be troubled, before they can exert their virtues. A man who works beyond the surface of things, though he may be wrong himself, yet he clears the way for others, and may chance to make even his errors subservient to the cause of truth. Inthe following parts I shall inquire what things they are that cause in us the affections of the sublime and beautiful, as in this I have considered the affections them- selves. I only desire one favour,—that no part of this dis- course may be judged of by itself, and independently of the rest ; for I am sensible I have not disposed my materials to abide the test of a captious controversy, but of a sober and even forgiving examination; that they are not armed at all points for battle, but dressed to visit those who are willing to give a peaceful entrance to truth. PART SECOND SECTION I OF THE PASSION CAUSED BY THE SUBLIME HE passion caused by the great and sublime in nature, when those causes operate most powerfully, is astonish- ment :and astonishment is that state of the soul in which all its motions are suspended, with somedegree of horror! In this case the mind is so entirely filled with its object, that it can not entertain any other, nor by consequence reason on that object which employs it. Hence arises the great power of the sublime, that, far from being produced by them, it an- ticipates our reasonings, and hurries us on by an irresistible force. Astonishment, as I have said, is the effect of the sublime in its highest degree; the inferior effects are admi- ration, reverence, and respect. NOTE tale, SECL.. 3.4, 7. no SECTION II TERROR No passion so effectually robs the mind of all its powers of acting and reasoning as fear.1 For fear, being an ap- prehension of pain or death, it operates in a manner that resembles actual pain. Whatever therefore is terrible, with regard to sight, is sublime too, whether this cause of terror be endued with greatness of dimensions or not; for it is 16 241 242 | BURKE impossible to look on anything as trifling, or contemptible, that may be dangerous. There are many animals, who, though far from being large, are yet capable of raising ideas of the sublime, because they are considered as objects of terror. As serpents and poisonous animals of almost all kinds. 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