The Works of the Right Honourable Edmund Burke
Chapter 18 : That "the regulations for the colony trade would be few and simple if the old navi

That "the regulations for the colony trade would be few and simple if the old navigation laws were adhered to," I utterly deny as a fact. That they ought to be so, sounds well enough; but this proposition is of the same nugatory nature with some of the former. The regulations for the colony trade ought not to be more nor fewer, nor more nor less complex, than the occasion requires. And, as that trade is in a great measure a system of art and restriction, they can neither be few nor simple. It is true, that the very principle may be destroyed, by multiplying to excess the means of securing it. Never did a minister depart more from the author's ideas of simplicity, or more embarra.s.s the trade of America with the multiplicity and intricacy of regulations and ordinances, than his boasted minister of 1764. That minister seemed to be possessed with something, hardly short of a rage, for regulation and restriction. He had so multiplied bonds, certificates, affidavits, warrants, sufferances, and c.o.c.kets; had supported them with such severe penalties, and extended them without the least consideration of circ.u.mstances to so many objects, that, had they all continued in their original force, commerce must speedily have expired under them. Some of them, the ministry which gave them birth was obliged to destroy: with their own hand they signed the condemnation of their own regulations; confessing in so many words, in the preamble of their act of the 5th Geo. III., that some of these regulations had laid _an unnecessary restraint on the trade and correspondence of his Majesty's American subjects_. This, in that ministry, was a candid confession of a mistake; but every alteration made in those regulations by their successors is to be the effect of envy, and American misrepresentation. So much for the author's simplicity in regulation.

I have now gone through all which I think immediately essential in the author's idea of war, of peace, of the comparative states of England and France, of our actual situation; in his projects of economy, of finance, of commerce, and of const.i.tutional improvement. There remains nothing now to be considered, except his heavy censures upon the administration which was formed in 1765; which is commonly known by the name of the Marquis of Rockingham's administration, as the administration which preceded it is by that of Mr. Grenville. These censures relate chiefly to three heads:--1. To the repeal of the American Stamp Act. 2. To the commercial regulations then made. 3. To the course of foreign negotiations during that short period.

A person who knew nothing of public affairs but from the writings of this author, would be led to conclude, that, at the time of the change in June, 1765, some well-digested system of administration, founded in national strength, and in the affections of the people, proceeding in all points with the most reverential and tender regard to the laws, and pursuing with equal wisdom and success everything which could tend to the internal prosperity, and to the external honor and dignity of this country, had been all at once subverted, by an irruption of a sort of wild, licentious, unprincipled invaders, who wantonly, and with a barbarous rage, had defaced a thousand fair monuments of the const.i.tutional and political skill of their predecessors. It is natural indeed that this author should have some dislike to the administration which was formed in 1765. Its views, in most things, were different from those of his friends; in some, altogether opposite to them. It is impossible that both of these administrations should be the objects of public esteem. Their different principles compose some of the strongest political lines which discriminate the parties even now subsisting amongst us. The ministers of 1764 are not indeed followed by very many in their opposition; yet a large part of the people now in office entertain, or pretend to entertain, sentiments entirely conformable to theirs; whilst some of the former colleagues of the ministry which was formed in 1765, however they may have abandoned the connection, and contradicted by their conduct the principles of their former friends, pretend, on their parts, still to adhere to the same maxims. All the lesser divisions, which are indeed rather names of personal attachment than of party distinction, fall in with the one or the other of these leading parties.

I intend to state, as shortly as I am able, the general condition of public affairs, and the disposition of the minds of men, at the time of the remarkable change of system in 1765. The reader will have thereby a more distinct view of the comparative merits of these several plans, and will receive more satisfaction concerning the ground and reason of the measures which were then pursued, than, I believe, can be derived from the perusal of those partial representations contained in the "State of the Nation," and the other writings of those who have continued, for now nearly three years, in the undisturbed possession of the press. This will, I hope, be some apology for my dwelling a little on this part of the subject.

On the resignation of the Earl of Bute, in 1763, our affairs had been delivered into the hands of three ministers of his recommendation: Mr.

Grenville, the Earl of Egremont, and the Earl of Halifax. This arrangement, notwithstanding the retirement of Lord Bute, announced to the public a continuance of the same measures; nor was there more reason to expect a change from the death of the Earl of Egremont. The Earl of Sandwich supplied his place. The Duke of Bedford, and the gentlemen who act in that connection, and whose general character and politics were sufficiently understood, added to the strength of the ministry, without making any alteration in their plan of conduct. Such was the const.i.tution of the ministry which was changed in 1765.

As to their politics, the principles of the peace of Paris governed in foreign affairs. In domestic, the same scheme prevailed, of contradicting the opinions, and disgracing most of the persons, who had been countenanced and employed in the late reign. The inclinations of the people were little attended to; and a disposition to the use of forcible methods ran through the whole tenor of administration. The nation in general was uneasy and dissatisfied. Sober men saw causes for it, in the const.i.tution of the ministry and the conduct of the ministers. The ministers, who have usually a short method on such occasions, attributed their unpopularity wholly to the efforts of faction. However this might be, the licentiousness and tumults of the common people, and the contempt of government, of which our author so often and so bitterly complains, as owing to the mismanagement of the subsequent administrations, had at no time risen to a greater or more dangerous height. The measures taken to suppress that spirit were as violent and licentious as the spirit itself; injudicious, precipitate, and some of them illegal. Instead of allaying, they tended infinitely to inflame the distemper; and whoever will be at the least pains to examine, will find those measures not only the causes of the tumults which then prevailed, but the real sources of almost all the disorders which have arisen since that time. More intent on making a victim to party than an example of justice, they blundered in the method of pursuing their vengeance. By this means a discovery was made of many practices, common indeed in the office of Secretary of State, but wholly repugnant to our laws, and to the genius of the English const.i.tution.

One of the worst of these was, the wanton and indiscriminate seizure of papers, even in cases where the safety of the state was not pretended in justification of so harsh a proceeding. The temper of the ministry had excited a jealousy, which made the people more than commonly vigilant concerning every power which was exercised by government. The abuse, however sanctioned by custom, was evident; but the ministry, instead of resting in a prudent inactivity, or (what would have been still more prudent) taking the lead, in quieting the minds of the people, and ascertaining the law upon those delicate points, made use of the whole influence of government to prevent a Parliamentary resolution against these practices of office. And lest the colorable reasons, offered in argument against this Parliamentary procedure, should be mistaken for the real motives of their conduct, all the advantage of privilege, all the arts and finesses of pleading, and great sums of public money were lavished, to prevent any decision upon those practices in the courts of justice. In the mean time, in order to weaken, since they could not immediately destroy, the liberty of the press, the privilege of Parliament was voted away in all accusations for a seditious libel. The freedom of debate in Parliament itself was no less menaced. Officers of the army, of long and meritorious service, and of small fortunes, were chosen as victims for a single vote, by an exertion of ministerial power, which had been very rarely used, and which is extremely unjust, as depriving men not only of a place, but a profession, and is indeed of the most pernicious example both in a civil and a military light.

Whilst all things were managed at home with such a spirit of disorderly despotism, abroad there was a proportionable abatement of all spirit.

Some of our most just and valuable claims were in a manner abandoned.

This indeed seemed not very inconsistent conduct in the ministers who had made the treaty of Paris. With regard to our domestic affairs, there was no want of industry; but there was a great deficiency of temper and judgment, and manly comprehension of the public interest. The nation certainly wanted relief, and government attempted to administer it. Two ways were princ.i.p.ally chosen for this great purpose. The first by regulations; the second by new funds of revenue. Agreeably to this plan, a new naval establishment was formed at a good deal of expense, and to little effect, to aid in the collection of the customs. Regulation was added to regulation; and the strictest and most unreserved orders were given, for a prevention of all contraband trade here, and in every part of America. A teasing custom-house, and a multiplicity of perplexing regulations, ever have, and ever will appear, the masterpiece of finance to people of narrow views; as a paper against smuggling, and the importation of French finery, never fails of furnis.h.i.+ng a very popular column in a newspaper.

The greatest part of these regulations were made for America; and they fell so indiscriminately on all sorts of contraband, or supposed contraband, that some of the most valuable branches of trade were driven violently from our ports; which caused an universal consternation throughout the colonies. Every part of the trade was infinitely distressed by them. Men-of-war now for the first time, armed with regular commissions of custom-house officers, invested the coasts, and gave to the collection of revenue the air of hostile contribution. About the same time that these regulations seemed to threaten the destruction of the only trade from whence the plantations derived any specie, an act was made, putting a stop to the future emission of paper currency, which used to supply its place among them. Hand in hand with this went another act, for obliging the colonies to provide quarters for soldiers.

Instantly followed another law, for levying throughout all America new port duties, upon a vast variety of commodities of their consumption, and some of which lay heavy upon objects necessary for their trade and fishery. Immediately upon the heels of these, and amidst the uneasiness and confusion produced by a crowd of new impositions and regulations, some good, some evil, some doubtful, all crude and ill-considered, came another act, for imposing an universal stamp-duty on the colonies; and this was declared to be little more than an experiment, and a foundation of future revenue. To render these proceedings the more irritating to the colonies, the princ.i.p.al argument used in favor of their ability to pay such duties was the liberality of the grants of their a.s.semblies during the late war. Never could any argument be more insulting and mortifying to a people habituated to the granting of their own money.

Taxes for the purpose of raising revenue had hitherto been sparingly attempted in America. Without ever doubting the extent of its lawful power, Parliament always doubted the propriety of such impositions. And the Americans on their part never thought of contesting a right by which they were so little affected. Their a.s.semblies in the main answered all the purposes necessary to the internal economy of a free people, and provided for all the exigencies of government which arose amongst themselves. In the midst of that happy enjoyment, they never thought of critically settling the exact limits of a power, which was necessary to their union, their safety, their equality, and even their liberty. Thus the two very difficult points, superiority in the presiding state, and freedom in the subordinate, were on the whole sufficiently, that is, practically, reconciled; without agitating those vexatious questions, which in truth rather belong to metaphysics than politics, and which can never be moved without shaking the foundations of the best governments that have ever been const.i.tuted by human wisdom. By this measure was let loose that dangerous spirit of disquisition, not in the coolness of philosophical inquiry, but inflamed with all the pa.s.sions of a haughty, resentful people, who thought themselves deeply injured, and that they were contending for everything that was valuable in the world.

In England, our ministers went on without the least attention to these alarming dispositions; just as if they were doing the most common things in the most usual way, and among a people not only pa.s.sive, but pleased.

They took no one step to divert the dangerous spirit which began even then to appear in the colonies, to compromise with it, to mollify it, or to subdue it. No new arrangements were made in civil government; no new powers or instructions were given to governors; no augmentation was made, or new disposition, of forces. Never was so critical a measure pursued with so little provision against its necessary consequences. As if all common prudence had abandoned the ministers, and as if they meant to plunge themselves and us headlong into that gulf which stood gaping before them; by giving a year's notice of the project of their Stamp Act, they allowed time for all the discontents of that country to fester and come to a head, and for all the arrangements which factious men could make towards an opposition to the law. At the same time they carefully concealed from the eye of Parliament those remonstrances which they had actually received; and which in the strongest manner indicated the discontent of some of the colonies, and the consequences which might be expected; they concealed them even in defiance of an order of council, that they should be laid before Parliament. Thus, by concealing the true state of the case, they rendered the wisdom of the nation as improvident as their own temerity, either in preventing or guarding against the mischief. It has indeed, from the beginning to this hour, been the uniform policy of this set of men, in order at any hazard to obtain a present credit, to propose whatever might be pleasing, as attended with no difficulty; and afterwards to throw all the disappointment of the wild expectations they had raised, upon those who have the hard task of freeing the public from the consequences of their pernicious projects.

Whilst the commerce and tranquillity of the whole empire were shaken in this manner, our affairs grew still more distracted by the internal dissensions of our ministers. Treachery and ingrat.i.tude were charged from one side; despotism and tyranny from the other; the vertigo of the regency bill; the awkward reception of the silk bill in the House of Commons, and the inconsiderate and abrupt rejection of it in the House of Lords; the strange and violent tumults which arose in consequence, and which were rendered more serious by being charged by the ministers upon one another; the report of a gross and brutal treatment of the ----, by a minister at the same time odious to the people; all conspired to leave the public, at the close of the session of 1765, in as critical and perilous a situation, as ever the nation was, or could be, in a time when she was not immediately threatened by her neighbors.

It was at this time, and in these circ.u.mstances, that a new administration was formed. Professing even industriously, in this public matter, to avoid anecdotes; I say nothing of those famous reconciliations and quarrels, which weakened the body that should have been the natural support of this administration. I run no risk in affirming, that, surrounded as they were with difficulties of every species, nothing but the strongest and most uncorrupt sense of their duty to the public could have prevailed upon some of the persons who composed it to undertake the king's business at such a time. Their preceding character, their measures while in power, and the subsequent conduct of many of them, I think, leave no room to charge this a.s.sertion to flattery. Having undertaken the commonwealth, what remained for them to do? to piece their conduct upon the broken chain of former measures?

If they had been so inclined, the ruinous nature of those measures, which began instantly to appear, would not have permitted it. Scarcely had they entered into office, when letters arrived from all parts of America, making loud complaints, backed by strong reasons, against several of the princ.i.p.al regulations of the late ministry, as threatening destruction to many valuable branches of commerce. These were attended with representations from many merchants and capital manufacturers at home, who had all their interests involved in the support of lawful trade, and in the suppression of every sort of contraband. Whilst these things were under consideration, that conflagration blazed out at once in North America; an universal disobedience, and open resistance to the Stamp Act; and, in consequence, an universal stop to the course of justice, and to trade and navigation, throughout that great important country; an interval during which the trading interest of England lay under the most dreadful anxiety which it ever felt.

The repeal of that act was proposed. It was much too serious a measure, and attended with too many difficulties upon every side, for the then ministry to have undertaken it, as some paltry writers have a.s.serted, from envy and dislike to their predecessors in office. As little could it be owing to personal cowardice, and dread of consequences to themselves. Ministers, timorous from their attachment to place and power, will fear more from the consequences of one court intrigue, than from a thousand difficulties to the commerce and credit of their country by disturbances at three thousand miles distance. From which of these the ministers had most to apprehend at that time, is known, I presume, universally. Nor did they take that resolution from a want of the fullest sense of the inconveniences which must necessarily attend a measure of concession from the sovereign to the subject. That it must increase the insolence of the mutinous spirits in America, was but too obvious. No great measure indeed, at a very difficult crisis, can be pursued, which is not attended with some mischief; none but conceited pretenders in public business will hold any other language: and none but weak and unexperienced men will believe them, if they should. If we were found in such a crisis, let those, whose bold designs, and whose defective arrangements, brought us into it, answer for the consequences.

The business of the then ministry evidently was, to take such steps, not as the wishes of our author, or as their own wishes dictated, but as the bad situation in which their predecessors had left them, absolutely required.

The disobedience to this act was universal throughout America; nothing, it was evident, but the sending a very strong military, backed by a very strong naval force, would reduce the seditious to obedience. To send it to one town, would not be sufficient; every province of America must be traversed, and must be subdued. I do not entertain the least doubt but this could be done. We might, I think, without much difficulty, have destroyed our colonies. This destruction might be effected, probably in a year, or in two at the utmost. If the question was upon a foreign nation, where every successful stroke adds to your own power, and takes from that of a rival, a just war with such a certain superiority would be undoubtedly an advisable measure. But _four million_ of debt due to our merchants, the total cessation of a trade annually worth _four million_more, a large foreign traffic, much home manufacture, a very capital immediate revenue arising from colony imports, indeed the produce of every one of our revenues greatly depending on this trade, all these were very weighty acc.u.mulated considerations, at least well to be weighed, before that sword was drawn, which even by its victories must produce all the evil effects of the greatest national defeat. How public credit must have suffered, I need not say. If the condition of the nation, at the close of our foreign war, was what this author represents it, such a civil war would have been a bad couch, on which to repose our wearied virtue. Far from being able to have entered into new plans of economy, we must have launched into a new sea, I fear a boundless sea, of expense. Such an addition of debt, with such a diminution of revenue and trade, would have left us in no want of a "State of the Nation" to aggravate the picture of our distresses.

Our trade felt this to its vitals; and our then ministers were not ashamed to say, that they sympathized with the feelings of our merchants. The universal alarm of the whole trading body of England, will never be laughed at by them as an ill-grounded or a pretended panic. The universal desire of that body will always have great weight with them in every consideration connected with commerce: neither ought the opinion of that body to be slighted (notwithstanding the contemptuous and indecent language of this author and his a.s.sociates) in any consideration whatsoever of revenue. Nothing amongst us is more quickly or deeply affected by taxes of any kind than trade; and if an American tax was a real relief to England, no part of the community would be sooner or more materially relieved by it than our merchants.

But they well know that the trade of England must be more burdened by one penny raised in America, than by three in England; and if that penny be raised with the uneasiness, the discontent, and the confusion of America, more than by ten.

If the opinion and wish of the landed interest is a motive, and it is a fair and just one, for taking away a real and large revenue, the desire of the trading interest of England ought to be a just ground for taking away a tax of little better than speculation, which was to be collected by a war, which was to be kept up with the perpetual discontent of those who were to be affected by it, and the value of whose produce even after the _ordinary_ charges of collection, was very uncertain;[87] after the _extraordinary_, the dearest purchased revenue that ever was made by any nation.

These were some of the motives drawn from principles of convenience for that repeal. When the object came to be more narrowly inspected, every motive concurred. These colonies were evidently founded in subservience to the commerce of Great Britain. From this principle, the whole system of our laws concerning them became a system of restriction. A double monopoly was established on the part of the parent country; 1. A monopoly of their whole import, which is to be altogether from Great Britain; 2. A monopoly of all their export, which is to be nowhere but to Great Britain, as far as it can serve any purpose here. On the same idea it was contrived that they should send all their products to us raw, and in their first state; and that they should take everything from us in the last stage of manufacture.

Were ever a people under such circ.u.mstances, that is, a people who were to export raw, and to receive manufactured, and this, not a few luxurious articles, but all articles, even to those of the grossest, most vulgar, and necessary consumption, a people who were in the hands of a general monopolist, were ever such a people suspected of a possibility of becoming a just object of revenue? All the ends of their foundation must be supposed utterly contradicted before they could become such an object. Every trade law we have made must have been eluded, and become useless, before they could be in such a condition.

The partisans of the new system, who, on most occasions, take credit for full as much knowledge as they possess, think proper on this occasion to counterfeit an extraordinary degree of ignorance, and in consequence of it to a.s.sert, "that the balance (between the colonies and Great Britain) is unknown, and that no important conclusion can be drawn from premises so very uncertain."[88] Now to what can this ignorance be owing? were the navigation laws made, that this balance should be unknown? is it from the course of exchange that it is unknown, which all the world knows to be greatly and perpetually against the colonies? is it from the doubtful nature of the trade we carry on with the colonies? are not these schemists well apprised that the colonists, particularly those of the northern provinces, import more from Great Britain, ten times more, than they send in return to us? that a great part of their foreign balance is and must be remitted to London? I shall be ready to admit that the colonies ought to be taxed to the revenues of this country, when I know that they are out of debt to its commerce. This author will furnish some ground to his theories, and communicate a discovery to the public, if he can show this by any medium. But he tells us that "their seas are covered with s.h.i.+ps, and their rivers floating with commerce."[89] This is true. But it is with _our_ s.h.i.+ps that these seas are covered; and their rivers float with British commerce. The American merchants are our factors; all in reality, most even in name. The Americans trade, navigate, cultivate, with English capitals; to their own advantage, to be sure; for without these capitals their ploughs would be stopped, and their s.h.i.+ps wind-bound. But he who furnishes the capital must, on the whole, be the person princ.i.p.ally benefited; the person who works upon it profits on his part too; but he profits in a subordinate way, as our colonies do; that is, as the servant of a wise and indulgent master, and no otherwise. We have all, except the _peculium_; without which even slaves will not labor.

If the author's principles, which are the common notions, be right, that the price of our manufactures is so greatly enhanced by our taxes; then the Americans already pay in that way a share of our impositions. He is not ashamed to a.s.sert, that "France and China may be said, on the same principle, to bear a part of our charges, for they consume our commodities."[90] Was ever such a method of reasoning heard of? Do not the laws absolutely confine the colonies to buy from us, whether foreign nations sell cheaper or not? On what other idea are all our prohibitions, regulations, guards, penalties, and forfeitures, framed?

To secure to us, not a commercial preference, which stands in need of no penalties to enforce it; it finds its own way; but to secure to us a trade, which is a creature of law and inst.i.tution. What has this to do with the principles of a foreign trade, which is under no monopoly, and in which we cannot raise the price of our goods, without hazarding the demand for them? None but the authors of such measures could ever think of making use of such arguments.

Whoever goes about to reason on any part of the policy of this country with regard to America, upon the mere abstract principles of government, or even upon those of our own ancient const.i.tution, will be often misled. Those who resort for arguments to the most respectable authorities, ancient or modern, or rest upon the clearest maxims, drawn from the experience of other states and empires, will be liable to the greatest errors imaginable. The object is wholly new in the world. It is singular; it is grown up to this magnitude and importance within the memory of man; nothing in history is parallel to it. All the reasonings about it, that are likely to be at all solid, must be drawn from its actual circ.u.mstances. In this new system a principle of commerce, of artificial commerce, must predominate. This commerce must be secured by a mult.i.tude of restraints very alien from the spirit of liberty; and a powerful authority must reside in the princ.i.p.al state, in order to enforce them. But the people who are to be the subjects of these restraints are descendants of Englishmen; and of a high and free spirit.

To hold over them a government made up of nothing but restraints and penalties, and taxes in the granting of which they can have no share, will neither be wise nor long practicable. People must be governed in a manner agreeable to their temper and disposition; and men of free character and spirit must be ruled with, at least, some condescension to this spirit and this character. The British, colonist must see something which will distinguish him from the colonists of other nations.

Those seasonings, which infer from the many restraints under which we have already laid America, to our right to lay it under still more, and indeed under all manner of restraints, are conclusive; conclusive as to right; but the very reverse as to policy and practice. We ought rather to infer from our having laid the colonies under many restraints, that it is reasonable to compensate them by every indulgence that can by any means be reconciled to our interest. We have a great empire to rule, composed of a vast ma.s.s of heterogeneous governments, all more or less free and popular in their forms, all to be kept in peace, and kept out of conspiracy, with one another, all to be held in subordination to this country; while the spirit of an extensive and intricate and trading interest pervades the whole, always qualifying, and often controlling, every general idea of const.i.tution and government. It is a great and difficult object; and I wish we may possess wisdom and temper enough to manage it as we ought. Its importance is infinite. I believe the reader will be struck, as I have been, with one singular fact. In the year 1704, but sixty-five years ago, the whole trade with our plantations was but a few thousand pounds more in the export article, and a third less in the import, than that which we now carry on with the single island of Jamaica:--

Exports. Imports.

Total English plantations in 1704 488,265 814,491 Jamaica, 1767 467,681 1,243,742

From the same information I find that our dealing with most of the European nations is but little increased: these nations have been pretty much at a stand since that time, and we have rivals in their trade. This colony intercourse is a new world of commerce in a manner created; it stands upon principles of its own; principles hardly worth endangering for any little consideration of extorted revenue.

The reader sees, that I do not enter so fully into this matter as obviously I might. I have already been led into greater lengths than I intended. It is enough to say, that before the ministers of 1765 had determined to propose the repeal of the Stamp Act in Parliament, they had the whole of the American const.i.tution and commerce very fully before them. They considered maturely; they decided with wisdom: let me add, with firmness. For they resolved, as a preliminary to that repeal, to a.s.sert in the fullest and least equivocal terms the unlimited legislative right of this country over its colonies; and, having done this, to propose the repeal, on principles, not of const.i.tutional right, but on those of expediency, of equity, of lenity, and of the true interests present and future of that great object for which alone the colonies were founded, navigation and commerce. This plan I say, required an uncommon degree of firmness, when we consider that some of those persons who might be of the greatest use in promoting the repeal, violently withstood the declaratory act; and they who agreed with administration in the principles of that law, equally made, as well the reasons on which the declaratory act itself stood, as those on which it was opposed, grounds for an opposition to the repeal.

If the then ministry resolved first to declare the right, it was not from any opinion they entertained of its future use in regular taxation. Their opinions were full and declared against the ordinary use of such a power. But it was plain, that the general reasonings which were employed against that power went directly to our whole legislative right; and one part of it could not be yielded to such arguments, without a virtual surrender of all the rest. Besides, if that very specific power of levying money in the colonies were not retained as a sacred trust in the hands of Great Britain (to be used, not in the first instance for supply, but in the last exigence for control), it is obvious, that the presiding authority of Great Britain, as the head, the arbiter, and director of the whole empire, would vanish into an empty name, without operation or energy. With the habitual exercise of such a power in the ordinary course of supply, no trace of freedom could remain to America.[91] If Great Britain were stripped of this right, every principle of unity and subordination in the empire was gone forever.

Whether all this can be reconciled in legal speculation, is a matter of no consequence. It is reconciled in policy: and politics ought to be adjusted, not to human reasonings, but to human nature; of which the reason is but a part, and by no means the greatest part.

Founding the repeal on this basis, it was judged proper to lay before Parliament the whole detail of the American affairs, as fully as it had been laid before the ministry themselves. Ignorance of those affairs had misled Parliament. Knowledge alone could bring it into the right road.

Every paper of office was laid upon the table of the two Houses; every denomination of men, either of America, or connected with it by office, by residence, by commerce, by interest, even by injury; men of civil and military capacity, officers of the revenue, merchants, manufacturers of every species, and from every town in England, attended at the bar. Such evidence never was laid before Parliament. If an emulation arose among the ministers and members of Parliament, as the author rightly observes,[92] for the repeal of this act, as well as for the other regulations, it was not on the confident a.s.sertions, the airy speculations, or the vain promises of ministers, that it arose. It was the sense of Parliament on the evidence before them. No one so much as suspects that ministerial allurements or terrors had any share in it.

Our author is very much displeased, that so much credit was given to the testimony of merchants. He has a habit of railing at them: and he may, if he pleases, indulge himself in it. It will not do great mischief to that respectable set of men. The substance of their testimony was, that their debts in America were very great: that the Americans declined to pay them, or to renew their orders, whilst this act continued: that, under these circ.u.mstances, they despaired of the recovery of their debts, or the renewal of their trade in that country: that they apprehended a general failure of mercantile credit. The manufacturers deposed to the same general purpose, with this addition, that many of them had discharged several of their artificers; and, if the law and the resistance to it should continue, must dismiss them all.

This testimony is treated with great contempt by our author. It must be, I suppose, because it was contradicted by the plain nature of things.

Suppose then that the merchants had, to gratify this author, given a contrary evidence; and had deposed, that while America remained in a state of resistance, whilst four million of debt remained unpaid, whilst the course of justice was suspended for want of stamped paper, so that no debt could be recovered, whilst there was a total stop to trade, because every s.h.i.+p was subject to seizure for want of stamped clearances, and while the colonies were to be declared in rebellion, and subdued by armed force, that in these circ.u.mstances they would still continue to trade cheerfully and fearlessly as before: would not such witnesses provoke universal indignation for their folly or their wickedness, and be deservedly hooted from the bar:[93] would any human faith have given credit to such a.s.sertions? The testimony of the merchants was necessary for the detail, and to bring the matter home to the feeling of the House; as to the general reasons, they spoke abundantly for themselves.

Upon these principles was the act repealed, and it produced all the good effect which was expected from it: quiet was restored; trade generally returned to its ancient channels; time and means were furnished for the better strengthening of government there, as well as for recovering, by judicious measures, the affections of the people, had that ministry continued, or had a ministry succeeded with dispositions to improve that opportunity.

Such an administration did not succeed. Instead of profiting of that season of tranquillity, in the very next year they chose to return to measures of the very same nature with those which had been so solemnly condemned; though upon a smaller scale. The effects have been correspondent, America is again in disorder; not indeed in the same degree as formerly, nor anything like it. Such good effects have attended the repeal of the Stamp Act, that the colonies have actually paid the taxes; and they have sought their redress (upon however improper principles) not in their own violence, as formerly;[94] but in the experienced benignity of Parliament. They are not easy indeed, nor ever will be so, under this author's schemes of taxation; but we see no longer the same general fury and confusion, which attended their resistance to the Stamp Act. The author may rail at the repeal, and those who proposed it, as he pleases. Those honest men suffer all his obloquy with pleasure, in the midst of the quiet which they have been the means of giving to their country; and would think his praises for their perseverance in a pernicious scheme, a very bad compensation for the disturbance of our peace, and the ruin of our commerce. Whether the return to the system of 1764, for raising a revenue in America, the discontents which have ensued in consequence of it, the general suspension of the a.s.semblies in consequence of these discontents, the use of the military power, and the new and dangerous commissions which now hang over them, will produce equally good effects, is greatly to be doubted. Never, I fear, will this nation and the colonies fall back upon their true centre of gravity, and natural point of repose, until the ideas of 1766 are resumed, and steadily pursued.

As to the regulations, a great subject of the author's accusation, they are of two sorts; one of a mixed nature, of revenue and trade; the other simply relative to trade. With regard to the former I shall observe, that, in all deliberations concerning America, the ideas of that administration were princ.i.p.ally these; to take trade as the primary end, and revenue but as a very subordinate consideration. Where trade was likely to suffer, they did not hesitate for an instant to prefer it to taxes, whose produce at best was contemptible, in comparison of the object which they might endanger. The other of their principles was, to suit the revenue to the object. Where the difficulty of collection, from the nature of the country, and of the revenue establishment, is so very notorious, it was their policy to hold out as few temptations to smuggling as possible, by keeping the duties as nearly as they could on a balance with the risk. On these principles they made many alterations in the port-duties of 1764, both in the mode and in the quant.i.ty. The author has not attempted to prove them erroneous. He complains enough to show that he is in an ill-humor, not that his adversaries have done amiss.

As to the regulations which were merely relative to commerce, many were then made; and they were all made upon this principle, that many of the colonies, and those some of the most abounding in people, were so situated as to have very few means of traffic with this country. It became therefore our interest to let them into as much foreign trade as could be given them without interfering with our own; and to secure by every method the returns to the mother country. Without some such scheme of enlargement, it was obvious that any benefit we could expect from these colonies must be extremely limited. Accordingly many facilities were given to their trade with the foreign plantations, and with the southern parts of Europe. As to the confining the returns to this country, administration saw the mischief and folly of a plan of indiscriminate restraint. They applied their remedy to that part where the disease existed, and to that only: on this idea they established regulations, far more likely to check the dangerous, clandestine trade with Hamburg and Holland, than this author's friends, or any of their predecessors had ever done.

The friends of the author have a method surely a little whimsical in all this sort of discussions. They have made an innumerable mult.i.tude of commercial regulations, at which the trade of England exclaimed with one voice, and many of which have been altered on the unanimous opinion of that trade. Still they go on, just as before, in a sort of droning panegyric on themselves, talking of these regulations as prodigies of wisdom; and, instead of appealing to those who are most affected and the best judges, they turn round in a perpetual circle of their own reasonings and pretences; they hand you over from one of their own pamphlets to another: "See," say they, "this demonstrated in the 'Regulations of the Colonies.'" "See this satisfactorily proved in 'The Considerations.'" By and by we shall have another: "See for this 'The State of the Nation.'" I wish to take another method in vindicating the opposite system. I refer to the pet.i.tions of merchants for these regulations; to their thanks when they were obtained; and to the strong and grateful sense they have ever since expressed of the benefits received under that administration.

All administrations have in their commercial regulations been generally aided by the opinion of some merchants; too frequently by that of a few, and those a sort of favorites: they have been directed by the opinion of one or two merchants, who were to merit in flatteries, and to be paid in contracts; who frequently advised, not for the general good of trade, but for their private advantage. During the administration of which this author complains, the meetings of merchants upon the business of trade were numerous and public; sometimes at the house of the Marquis of Rockingham; sometimes at Mr. Dowdeswell's; sometimes at Sir George Savile's, a house always open to every deliberation favorable to the liberty or the commerce of his country. Nor were these meetings confined to the merchants of London. Merchants and manufacturers were invited from all the considerable towns in England. They conferred with the ministers and active members of Parliament. No private views, no local interests prevailed. Never were points in trade settled upon a larger scale of information. They who attended these meetings well know what ministers they were who heard the most patiently, who comprehended the most clearly, and who provided the most wisely. Let then this author and his friends still continue in possession of the practice of exalting their own abilities, in their pamphlets and in the newspapers. They never will persuade the public, that the merchants of England were in a general confederacy to sacrifice their own interests to those of North America, and to destroy the vent of their own goods in favor of the manufactures of France and Holland.

Had the friends of this author taken these means of information, his extreme terrors of contraband in the West India islands would have been greatly quieted, and his objections to the opening of the ports would have ceased. He would have learned, from the most satisfactory a.n.a.lysis of the West India trade, that we have the advantage in every essential article of it; and that almost every restriction on our communication with our neighbors there, is a restriction unfavorable to ourselves.

Such were the principles that guided, and the authority that sanctioned, these regulations. No man ever said, that, in the multiplicity of regulations made in the administration of their predecessors, none were useful; some certainly were so; and I defy the author to show a commercial regulation of that period, which he can prove, from any authority except his own, to have a tendency beneficial to commerce, that has been repealed. So far were that ministry from being guided by a spirit of contradiction or of innovation.

The author's attack on that administration, for their neglect of our claims on foreign powers, is by much the most astonis.h.i.+ng instance he has given, or that, I believe, any man ever did give, of an intrepid effrontery. It relates to the Manilla ransom; to the Canada bills; and to the Russian treaty. Could one imagine, that these very things, which he thus chooses to object to others, have been the princ.i.p.al subject of charge against his favorite ministry? Instead of clearing them of these charges, he appears not so much as to have heard of them; but throws them directly upon the administration which succeeded to that of his friends.

It is not always very pleasant to be obliged to produce the detail of this kind of transactions to the public view. I will content myself therefore with giving a short state of facts, which, when the author chooses to contradict, he shall see proved, more, perhaps, to his conviction, than to his liking. The first fact then is, that the demand for the Manilla ransom had been in the author's favorite administration so neglected as to appear to have been little less than tacitly abandoned. At home, no countenance was given to the claimants; and when it was mentioned in Parliament, the then leader did not seem, at least, _a very sanguine advocate in favor of the claim_. These things made it a matter of no small difficulty to resume and press that negotiation with Spain. However, so clear was our right, that the then ministers resolved to revive it; and so little time was lost, that though that administration was not completed until the 9th of July, 1765, on the 20th of the following August, General Conway transmitted a strong and full remonstrance on that subject to the Earl of Rochfort. The argument, on which the court of Madrid most relied, was the dereliction of that claim by the preceding ministers. However, it was still pushed with so much vigor, that the Spaniards, from a positive denial to pay, offered to refer the demand to arbitration. That proposition was rejected; and the demand being still pressed, there was all the reason in the world to expect its being brought to a favorable issue; when it was thought proper to change the administration. Whether under their circ.u.mstances, and in the time they continued in power, more could be done, the reader will judge; who will hear with astonishment a charge of remissness from those very men, whose inactivity, to call it by no worse a name, laid the chief difficulties in the way of the revived negotiation.

As to the Canada bills, this author thinks proper to a.s.sert, "that the proprietors found themselves under a necessity of compounding their demands upon the French court, and accepting terms which they had often rejected, and which the Earl of Halifax had declared he would sooner forfeit his hand than sign."[95] When I know that the Earl of Halifax says so, the Earl of Halifax shall have an answer; but I persuade myself that his Lords.h.i.+p has given no authority for this ridiculous rant. In the mean time, I shall only speak of it as a common concern of that ministry.

In the first place, then, I observe, that a convention, for the liquidation of the Canada bills, was concluded under the administration of 1766; when nothing was concluded under that of the favorites of this author.

2. This transaction was, in every step of it, carried on in concert with the persons interested, and was terminated to their entire satisfaction.

Chapter 18 : That "the regulations for the colony trade would be few and simple if the old navi
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