Volume II Part 7 (2/2)
On the 4th of April, 1748,[25] 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 colonies of Ma.s.sachusetts Bay, New Hamps.h.i.+re, 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 Caps Breton and its dependencies.”
These expenses were immense for such colonies. They were above 200,000_l._ sterling: money first raised and advanced on their public credit.
On the 28th of January, 1756,[26] a message from the king came to us, to this effect:--”His Majesty, being sensible of the zeal and vigor with which his faithful subjects of certain colonies in North America have exerted themselves in defence of his Majesty's just rights and possessions, recommends it to this House to take the same into their consideration, and to enable his Majesty to give them such a.s.sistance as may be _proper reward and encouragement_.”
On the 3d of February, 1756,[27] the House came to a suitable 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 vigor. 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 19th May, 1757.
Vol. XXVIII.--June 1st, 1758,--April 26th and 30th, 1759,--March 26th and 31st, and April 28th, 1760,--Jan. 9th and 20th, 1761.
Vol. XXIX.--Jan. 22d and 26th, 1762,--March 14th and 17th, 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 expressly 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 resolution, 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 honorable to them and to you, will, indeed, be mortal to all the miserable stories by which the pa.s.sions 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 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. Grenville 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 mistaken. 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 completed till some years after, and at different times in different 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 requisitions were discharged, our tone became too high to resort again to requisition. No colony, since that time, ever has had any requisition whatsoever made to it.
We see the sense of the crown, and the sense of Parliament, on the productive nature of a _revenue 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?--Oh, no! a child may find it. It is the 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 a.s.semblies 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.”
This makes the whole of the fundamental part of the plan. The conclusion is irresistible. You cannot say that you were driven by any necessity to an exercise of the utmost rights of legislature. You cannot a.s.sert that you took on yourselves the task of imposing colony taxes, from the want of another legal body that is competent to the purpose of supplying 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 acc.u.mulated 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 granted, 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, int.i.tuled, '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 earthen ware 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, int.i.tuled, 'An act to discontinue, in such manner and for such time as are therein mentioned, the landing and discharging, lading or s.h.i.+pping, of goods, wares, and merchandise, at the town and within the harbor of Boston, in the province of Ma.s.sachusetts 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, int.i.tuled, '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 Ma.s.sachusetts 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, int.i.tuled,' An act for the better regulating the government of the province of the Ma.s.sachusetts 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, int.i.tuled, 'An act for the trial of treasons committed out of the king's dominions.'”
I wish, Sir, to repeal the Boston Port Bill, because (independently of the dangerous precedent of suspending the rights of the subject during the king's pleasure) it was pa.s.sed, as I apprehend, with less regularity, and on more partial 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 punishment to equal guilt, even when you were punis.h.i.+ng, induce me, who mean not to chastise, but to reconcile, to be satisfied with the punishment already partially inflicted.
Ideas of prudence and accommodation to circ.u.mstances prevent you from taking away the charters of Connecticut and Rhode Island, as you have taken away that of Ma.s.sachusetts Colony, though the crown has far less power in the two former provinces than it enjoyed in the latter, and though the abuses have bean 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 restoring the charter of Ma.s.sachusetts Bay. Besides, Sir, the act which changes the charter of Ma.s.sachusetts is in many particulars 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 murder under the orders of government to England for trial is but temporary. That act has calculated the probable duration 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 principle, 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, I propose the following resolution:--”That, from the time when the general a.s.sembly, or general court, of any colony or plantation in North America shall have appointed, by act of a.s.sembly 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 behavior, 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 a.s.sembly, or on a complaint 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.”
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 maintenance 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 altogether as proper, and is, indeed, on many accounts, more eligible, where new powers were wanted, than a court absolutely 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.[28]
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 a.s.sume. 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 inc.u.mbrances 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 ancestors, as contained in the preamble to the Chester act, I prove too much: that the grievance from a want of representation, stated in that preamble, goes to the whole of legislation as well as to taxation; and that the colonies, grounding themselves upon that doctrine, will apply it to all parts of legislative authority.
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