LETTER XI.
A strange supineness prevailed for some time after my last was closed, among the great body of the English nation; and the colony contests were little regarded. Numbers flattered themselves, that as things had formerly so often appeared at the verge of a rupture, without actually arriving at it, some means would be found for accommodating the present dispute. The opinion also was circulated, that a continuance of resolution persisted in, would certainly put an end to the contest, which (it was said) had been nourished wholly by former concessions; people in general were therefore inclined to trust the trial of perseverance and resolution to a ministry who valued themselves upon these qualities. The times have been highly favorable to any purpose which only required the concurrence of the parliament and the acquiescence of the public. Administration has taken advantage of these circumstances [Sept. 30, 1774.] and the late parliament has been dissolved a twelvemonth before the expected time. This may be meant as a preparatory step to the most coercive measures with America; but in a new house of commons, ministry will be left at large, to choose or alter their line of conduct as incidents may vary, and if necessary can throw all the odium of the late laws upon the former parliament.
[Nov. 30.] His majesty in his speech informed the new one, that a most daring spirit of disobedience to the law, still unhappily prevailed in the Massachusetts, and had broken forth in fresh violences of a criminal nature; that these proceedings had been encouraged in other colonies, and unwarrantable attempts been made to obstruct the commerce of the kingdom, by unlawful combinations; that such measures had been taken, and such orders given, as were judged most proper for carrying the laws into execution; and that they might depend upon a firm resolution to withstand every attempt to weaken the supreme authority of the legislature over all the dominions of the crown, his majesty being assured of receiving their support while acting upon these principles.
The proposed address in the house of commons, produced a considerable debate; and the minister was reminded of the mighty effects he had predicted from the late acts against America—They were to humble that whole continent in the dust, without further trouble, and the punishment of Boston was to strike an universal panic on all the colonies; that refractory town would be totally abandoned, and instead of obtaining relief, a dread of the same fate would even prevent the appearances of pity. But the address was carried, without any amendment, by a majority of more than three to one.
That from the house of lords was couched in strong terms, and was warmly debated. It was rendered memorable by a protest, thought to be the first upon an address, and which was very pointed; it concluded with the following remarkable declaration: “But whatever may be the mischievous designs, or the inconsiderate temerity which leads others to this desperate course, we wish to be known as persons who have disapproved of measures so injurious in their past effects and their future tendency, and who are not in haste, without enquiry or information, to commit ourselves in declarations which may precipitate our country into all the calamities of a civil war.”[113] The address was carried by a majority of 63 to 13.
Notwithstanding the hostile tone of the speech, and the great majority that supported the addresses, there appeared an irresolution on the side of ministry; and previous to the Christmas recess they seemed evidently to shrink from all contest upon American subjects. The national estimates were entirely formed upon a peace establishment; and the minister of the naval department publicly asserted in the house of lords, that he knew it would be fully sufficient for reducing the colonies to obedience. He spoke with the greatest contempt both of the power and courage of the Americans; and held that they were not disciplined, nor capable of discipline, and that formed of such materials, and so indisposed to action, the numbers, of which such boasts had been made, would only add to the facility of their defeat.
The establishment will indeed be fully sufficient, if the ministry mean to employ the navy only, and to recal the military. Ships may effect that with little hazard and expence, which if once attempted by soldiers, may plunge the nation into enormous disbursements, and yet not be accomplished. A few ships of the line stationed singly near the capital ports of the colonies, and a number of frigates employed as cruisers to stop the Americans from sending any vessels to sea; and this measure continued, would at length weary out the inhabitants of the towns and cities upon the sea-coast of the continent, and induce one or other of them to submit; and if but one link of the chain give way, the whole would soon come to the ground; and were the sea-ports once brought to adjust the present dispute with administration, the towns in the back country might be gradually inclined to the same, whatever may be their present apprehensions. The proper application of the navy to the American contest, would also exclude all foreign interference.
The congressional proceedings were received before the Christmas recess, and ministry were disposed to retract their violent measures and to redress American grievances. To this end, application was made, under the auspices of the minister, to the body of the American merchants, desiring them to frame petitions for the redress of American grievances and the restoration of American rights, and promising compliance with them, as it was most agreeable to the ministry to repeal the obnoxious acts, seemingly in consequence of petitions at home. While this was in agitation, letters were received from New-York, assuring that the assembly would reject the proceedings of the general congress, and that there would be a separation of that colony from the rest. Fresh hopes were conceived from the prospect of a division, upon which ministry reverted to measures more adapted to their own inclination.[114]
But during the recess, persons began to consider the consequences which might follow the congressional proceedings, and a general alarm was spread. This produced several meetings of the North-American merchants in London and Bristol; and petitions to parliament were prepared and agreed upon in both places. But the times were so altered from what they were formerly, that no mercantile opposition could prove efficacious by endangering the continuance of the ministry.
On the first day of the meeting after the recess, the nobleman at the head of the American affairs, laid the papers belonging to his department before the lords, on which lord Chatham rose, and expressed his utmost dissent and disapprobation of the whole system of American measures.
Being in possession at present of your friend Mr. Quincy’s journal, wherein he gives a particular account of his lordship’s speech, of the copies of several letters sent by himself to America, and of other matters, permit me to transcribe from the same, and give you the thoughts and expressions of Mr. Quincy, with the dates.
[Nov. 11, 1774.] Viewed Plymouth docks. My ideas of the riches and powers of this great nation are increased to a degree I should not have believed if it had been predicted to me. I am not in any measure reconciled to the British plan of taxing America, but I should with cheerfulness accede to a contribution from the colonies (they being the sole judges of the time and quantity of their grants) toward the charges of the British government.
[Nov. 18.] This morning J. Williams, esq. informed me, that governor Hutchinson had repeatedly assured the ministry, that a union of the colonies was utterly impracticable; that the people were greatly divided among themselves in every colony; and that there could be no doubt but that all America would submit; that they must, and would soon. Several of the nobility and ministry assured Dr. Franklin of the same facts.
[Nov. 19.] Lord N—— repeatedly said to me, “We must try what we can do to support the authority we have claimed over America; if we are defective in power, we must sit down contented, and make the best terms we can; and nobody then can blame us after we have done our utmost; but till we have tried what we can do, we can never be justified in receding; and we ought to, and shall be very careful not to judge a thing impossible because it may be difficult; nay, we ought to try what we can effect, before we can determine upon its impracticability.”
[Nov. 24.] To ——. “The following language hath been reiterated to me in various companies,”—“We are afraid of nothing but your division and your want of perseverance. Unite and persevere—you must prevail—you must triumph.”
“From parliament expect no favor but what proceeds from fear. Depend not upon commercial plans for your safety.—Dr. Franklin is an American in heart and soul. His ideas are not contracted within the narrow limits of exemption from taxes, but are extended upon the broad scale of total emancipation.—He is explicit and bold upon the subject.”
[Nov. 26.] Governor P—— assured me, that all the measures agains America were planned and pushed on by Bernard and Hutchinson. They were incessant in their applications to administration, and gave the most positive assurances of success.
[Dec. 6.] Mr. commissioner M—— waited on me. In the course of conversation he said, “You can have no idea of the taxes of this kingdom, and the distress of our poor. They are extreme poor and wretched indeed—every thing here is taxed to the utmost. The colonies must relieve us; they must ease us of our taxes, &c.” He also affirmed to me, that governors Bernard and Hutchinson were principally attended to in the late measures against the colonies. But he added, that government had found many things had turned out different from Hutchinson’s representation, and had not been at all conformable to what he foretold.
To ——. “My whole time is employed in endeavoring to serve my country. I find every body eager to hear, most people willing to be set right, and almost all grossly ignorant of the American world. It is agreed on all hands, that your courage—your courage, I repeat it—will be brought to the test.—Should it prove answerable to your ostentations, and worthy of your ancestors, your friends will amazingly increase—your hearty friends will be in raptures. Prepare—prepare I say, for the worst.
“Many of your friends here, in both houses, will not take a decisive part till they see how you act in America. For should they take a determined part now in favor of that country, and in a short time America give back, their hopes of rise into power and office (which are the hopes of all British statesmen) would be for ever at an end. Therefore, till the colonists discover that union and spirit, which all parties here agree must force success, you are not to expect any great exertions in your favor. But when once there is a conviction that the Americans are in earnest, that they are resolved to endure all hazards with a spirit worthy the prize (and not till then) will you have many firm, active, persevering, and powerful friends. For, strange as it may seem, there is a great doubt here, among many, whether you are really in earnest, in the full force and extent of those words.”
[Dec 12.] Lord —— appeared a very warm friend to the Americans; and said, “If they continue united, they must have all they ask.” He particularly mentioned, that lord M—— last sessions, assured the house of lords, that the plan they had laid would go down in America, sine clade; and also that he had the best intelligence what might be carried through there. His lordship had no doubt that such assurances was grounded on Hutchinson’s information.
[Dec. 14.] To E——. “Your countrymen must seal their cause with their blood. They must preserve a consistency of character. They must not delay. They must——or be trodden down into the vilest vassalage—the scorn—the spurn of their enemies—a by-word of infamy among all men.”
[Dec. 16.] To E——. “Permit me to congratulate my countrymen on the integrity and wisdom with which the congress have conducted. Their policy, spirit, and union, have confounded their foes and inspired their friends. All parties agree in giving them a tribute of honor and applause. My lord N—— endeavored to explain away his expression—“I will have America at my feet.” Beware of the arts of negociation.”
“By the way, there is no doubt but the ministry sent large sums to New-York, in order to bribe your continental delegates. It was openly avowed and vindicated; and great boast was made of ministerial success in this way, with the delegates from New-York. It was said, that they had effected a dis-union which would be fatal to the cause of America. You can’t well imagine the chagrin with which the ministry received the result of that glorious body. They are viewed as the northern constellation of glorious worthies, illuminating and warming the new world.”
To Joseph Reed, esq. (of Philadelphia.)
[Dec. 17.] “Sure I am that the ministry have no where such sanguine hopes of a defection as from that quarter (New-York.) Their influence is no where so forcibly extended; it is certain they will be astonishingly disappointed if they do not find a sensibility to their touch. Lord C—— said in the house of lords, the other day, “Were I an American, I would resist to the last drop of my blood.” Your parliamentary friends say, snatch the opportunity for peace and reconciliation. Your sanguine and warm partizans say, “You are united and inspired now, circumstances that may never happen again. Seize the happy and glorious opportunity for establishing the freedom and social felicity of all America. There is a tide in the affairs of men.”
[Jan. 2, 1775.] While (at Bath) viewing the most magnificently elegant new rooms, in company with colonel Barre, he said, pointing to the pictures taken from the ruins found at Herculaneum, “I hope you have not the books containing the draughts of those ruins with you.” I replied, “There was one set I believed in the public library at our college.” “Keep them there (said he) and they may be of some service as a matter of curiosity for the speculative, but let them get abroad and you are ruined. They will infuse a taste for buildings and sculpture; and when a people get a taste for the fine arts, they are ruined. ’Tis taste that ruins whole kingdoms. ’Tis tase that depopulates whole nations. I could not help weeping when I surveyed the ruins at Rome. All the remains of the Roman grandeur are of works which were finished, when Rome and the spirit of Romans were no more, unless I except the ruins of the Emilian baths. Mr. Quincy, let your countrymen beware of taste in their buildings, equipage and dress, as a deadly poison.”
Colonel Barre also added, in the course of conversation—“About fourteen or fifteen years ago, I was through a considerable part of your country; for, in the expedition against Canada, my business called me to pass by land through Pennsylvania, New-Jersey, York and Albany; and when I returned again to this country, I was often speaking of America, and could not help speaking well of its climate, soil and inhabitants; for you must know, sir, America was always a favorite with me. But will you believe it, sir, yet I assure you it is true, more than two-thirds of this island at that time, thought the Americans were all negroes.” I replied, “I did not in the least doubt it; for if I was to judge by the late acts of parliament, I should suppose that a majority of the people of Great-Britain still thought so, for I found that their representatives still treated them as such.” He smiled, and the discourse dropped. The colonel was among those who voted for the Boston port-bill.
[Dec. 20.] Attended the debates of the house of lords.—Good fortune gave me one of the best places for taking a few minutes.
Lord Chatham rose like Marcellus. “Viros superiment omnes.” He seemed to feel himself superior to those around him. His language, voice and gesture, were more pathetic than I ever saw or heard before at the bar or senate. He seemed like an old Roman senator, rising with the dignity of age, yet speaking with the fire of youth.
The illustrious sage stretched fourth his hand with the decent solemnity of a Paul, and rising with his subject, he smote his breast with the energy and grace of a Demosthenes. He opened with some general observations on the importance and magnitude of the American quarrel (as he called it.) He enlarged upon the dangerous and ruinous events that were coming upon the nation in consequence of the present dispute, and the measures already begun and now carrying on by his majesty’s ministers. He arraigned their conduct with great severity and freedom. He then proceeded:
“My lords, these papers from America, now laid for the first time before your lordships, have been, to my knowledge, five or six weeks in the pocket of the minister. And notwithstanding the fate of this kingdom hangs upon the event of this great controversy, we are but this moment called to a consideration of this important subject. My lords, I do not want to look into one of those papers; I know their contents well enough already. I know that there is not a member in this house but is acquainted with their purport also. There ought therefore to be no delay in entering upon this matter; we ought to proceed to it immediately. We ought to seize the first moment to open the door of reconciliation. The Americans will never be in a temper or state to be reconciled (they ought not to be) till the troops are withdrawn. The troops are a perpetual irritation to these people: they are a bar to all confidence, and all cordial reconcilement. I therefore, my lords, move—That an humble address be presented to his majesty, most humbly to advise and beseech his majesty, that, in order to open the way towards an happy settlement of the dangerous troubles in America, by beginning to allay ferments, and soften animosities there; and above all, for preventing, in the mean time, any sudden and fatal catastrophe at Boston, now suffering under the daily irritation of an army, before their eyes, posted in their town, it may graciously please his majesty, that immediate orders may be dispatched to general Gage, for removing his majesty’s forces from the town of Boston, as soon as the rigor of the season, and other circumstances indispensible to the safety and accommodation of the said troops, may render the same practicable.”
“The way, my lords, must be immediately opened for reconciliation. It will soon be too late. I know not who advised the present measures. I know not who advises to a perseverance and enforcement of them; but this I will say, that whoever advises them ought to answer for it, at his utmost peril.—I know that no one will avow, that he advised, or that he was the author of these measures: every one shrinks from the charge. But somebody has advised his majesty to these measures, and if his majesty continues to hear such evil counsellors, his majesty will be undone. His majesty indeed my wear his crown; but the American jewel out of it, it will not be worth the wearing.”
“What more shall I say? I must not say, that the king is betrayed; but this I will say, the NATION is ruined. What foundation have we for our claims over America? What is our right to persist in such cruel and vindictive measures against that loyal and respectable people? They say you have no right so tax them without their consent. They say truly. Representation and taxation must go together: they are inseparable. Yet there is hardly a man in our streets, though so poor as scarce to be able to get his daily bread, but thinks he is the legislator of America. Our American subjects is a common phrase in the mouth of the lowest orders of our citizens; but property, my lords, is the sole and entire dominion of the owner: it excludes all the world besides the owner. None can intermeddle with it. It is a unity; a mathematical point. It it at atom; untangible by any but the proprietor. Touch it—and the owner loses his whole property. The touch contaminates the whole mass; the whole property vanishes. The touch of another annihilates it; for whatever is a man’s own, is absolutely and exclusively his own.”
“In the last parliament all was anger—all was rage. Administration did not consider what was practicable, but what was revenge. Sine clade victoria was the language of the ministry last sessions, but every body knew, an idiot might know, that such would not be the issue. But the ruin of the nation was a matter of no concern, if administration might be revenged. Americans were abused, misrepresented, and traduced in the most atrocious manner, in order to give a colour, and urge on the most precipitate, unjust, cruel, and vindictive measures that ever disgraced a nation.”
“My lords, the very infernal spirits, they chastise, castigatque: sed auditque, my lords. The very spirits of the infernal regions HEAR before they punish. But how have these respectable people behaved under all their grievances? With unexampled patience, with unparalleled wisdom. They chose delegates by their free suffrages: no bribery, no corruption, no INFLUENCE here, my lords. Their representatives meet with the sentiments and temper, and speak the sense of the continent. For genuine sagacity, for singular moderation, for solid wisdom, manly spirit, sublime sentiments and simplicity of language, for every thing respectable and honorable, the congress of Philadelphia shine unrivalled. This wise people speak out. They do not hold the language of slaves; they tell you what they mean.—They do not ask you to repeal your laws as a favor; they claim it as a right; they demand it. They tell you, they will not submit to them; and I tell you the acts must be repealed; they will be repealed; you cannot enforce them. The ministry are checker-mated. They have a move to make on the board; and yet not a move but they are ruined.
Repeal, therefore, my lords, I say. But bare repeal will not satisfy this enlightened and spirited people. What! repeal a bit of paper: repeal a piece of parchment! That alone won’t do, my lords. You must go through. You must declare you have no right to tax; then they may trust you; then they will have confidence in you. I have heard a noble lord speak, who seemed to lay some blame upon general Gage. I think that honorable gentleman has behaved with great prudence and becoming caution. He has entrenched himself and strengthened his fortifications. I don’t know what he could do more. His situation puts me in mind of a similar transaction in the civil wars of France, when the great Condee on one side, and Marshall Turenne on the other, with large armies lay many weeks very near each other. Turenne, conscious of the terrible consequences of a victory to himself and country, though the armies were several days in sight of each other, never came to a battle. On his return to the court of France, the queen asked him, “Why, Marshall, I think you lay several days in sight of your enemy, and you might have been up with him at any time; pray why did you not take him?” The general very shrewdly replied, “Should I have taken him, please your majesty, I was afraid all Paris would have taken me.”——My lords, there are three millions of whigs. Three millions of whigs, my lords, with arms in their hands, are a very formidable body. ’Twas the whigs, my lords, that set his majesty’s royal ancestors upon the throne of England. I hope, my lords, there are yet double the number of whigs in England that there are in America. I hope the whigs of both countries will join and make a common cause. Ireland is with the Americans to a man. The whigs of that country will, and those of this country ought, to think the American cause their own. They are allied to each other in sentiment and interest, united in one great principle of defence and resistance; they ought therefore, and will run to embrace and support their brethren. The cause of ship-money was the cause of all the whigs of England. You shall not take my money without my consent, is the doctrine and language of whigs. It is the doctrine and voice of whigs in America, and whigs here. It is the doctrine in support of which I do not know how many names I could—I may call in this house; among the living I cannot say how many I could, to join with me and maintain these doctrines with their blood; but among the dead I could raise an host innumerable. And, my lords, at this day, there are very many sound, substantial, honest whigs, who ought, and who will consider the American controversy as a great common cause.”
“My lords, consistent with the preceding doctrines, and with what I have ever and shall continue to maintain, I say, I shall oppose America whenever I see her aiming at throwing off the navigation act, and other regulatory acts of trade, made bona fide for that purpose, and wisely framed and calculated for reciprocation of interest, and the general extended welfare and security of the whole empire. It is suggested such is their design. I see no evidence of it. But to come at a certain knowledge of their sentiments and designs on this head, it would be proper first to do them justice. Treat them as subjects before you treat them as aliens, rebels, and traitors.”
“My lords, deeply impressed with the importance of taking some healing measurs at this most alarming distracted state of our affairs, though bowed down with a cruel disease, I have crawled to this house, to give you my best experience and counsel; and my advice is to beseech his majesty, &c. &c. This is the best I can think of. It will convince America that you mean to try her cause in the spirit and by the laws of freedom and fair enquiry, and not by codes of blood. How can she now trust you, with the bayonet at her breast? She has all the reason in the world now to believe you mean her death or bondage.”
“Thus entered on the threshhold of this business, I will knock at your gates for justice without ceasing, unless inveterate infirmities stay my hand. My lords, I pledge myself never to leave this business: I will pursue it to the end in every shape. I will never fail of my attendance on it, at every step and period of this great matter, unless nailed down to my bed by the severity of disease. My lords, there is no time to be lost; every moment is big with dangers. Nay, while I am now speaking, the decisive blow may be struck, and millions involved in the consequence. The very first drop of blood will make a wound that will not easily be skinned over. Years, perhaps ages may not heal it. It will be irritabile vulnus, a wound of that rancorous, malignant, corroding, festering nature, that in all probability it will mortify the whole body. Let us then, my lords, set to this business in earnest, not take it up by bits and scraps as formerly, just as exigencies pressed, without any regard to the general relations, connections and dependencies. I would not by any thing I have said, my lords, be thought to encourage America to proceed beyond the right line. I reprobate all acts of violence by her mobility, but when her inherent constitutional rights are invaded, those rights that she has an equitable claim to the full enjoyment of by the fundamental laws of the English constitution, and ingrafted thereon by the fundamental laws of nature, then I own myself an American, and feeling myself such, shall to the verge of my life, vindicate those rights against all men who strive to trample upon or oppose them.”
From the effects of this speech on the great audience without the bar, and from my own emotions and feelings, the miracles of ancient eloquence—the blaze of genius and the burst of thought—with which Grecian and Roman orators have been said to work wonders in the senate and the field, no longer appeared fabulous.
Lord Camden spoke next on the side of America, and in support of the motion. He equalled lord Chatham in every thing but that fire and pathos which are the forte of his lordship. In learning, perspicuity, and pure eloquence, probably no one ever surpassed lord Camden.
His lordship opened briefly upon the nature of property, the right of taxation, and its inseparability from representation. “My lords (he said) I will not enter into the large field of collateral reasoning applicable to the abstruse distinctions touching the omnipotence of parliament. The declaratory law sealed my mouth. But this I will say, not only as a statesman, politician and philosopher, but as a COMMON LAWYER, my lords, you have no right to tax America. I have searched the matter. I repeat it, my lords, you have no right to tax America. The natural rights of man, and the immutable laws of nature, are all with that people. Much stress is laid on the supreme legislative authority of Great-Britain, and so far as the doctrine is directed to its proper object, I accede to it. But it is equally true, according to all approved writers on government, that no man, agreeable to the principles of natural or civil liberty, can be divested of any part of his property without his consent. Every thing has been staked on this single position, that acts of parliament must be obeyed; but this general, unconditional, unlimited assertion, I am far from thinking applicable to every possible case that may arise in the turn of times. For my part, I imagine that a power resulting from a trust arbitrarily exercised, may be lawfully resisted; whether the power is lodged in a collective body, or single person, in the few or the many. However modified makes no difference. Whenever the trust is wrested to the injury of the people, whenever oppression begins, all is unlawful and unjust; and resistance of course becomes lawful and right. But some lords tell us seriously, that administration must reduce the Americans to obedience and submission; that is, you must make them absolute and infamous slaves, and then——what? We will, say they, give them full liberty. Ah! is this the nature of man? No my lords, I would not trust myself, American as I am, in this situation. I do not think I should, in that case, be myself for giving of them liberty. No, if they submitted to such unjust, such cruel, such degrading slavery, I should think they were made for slaves; that servility was suited to their nature and genius. I should think they would best serve this country as their slaves; that their servility would be for the benefit of Great-Britain; and I should be for keeping such Cappadocians in a state of servitude, such as was suited to their constitution, and might redound much to our advantage.”
“My lords, some noble lords talk very much of resistance to acts of parliament. King, lords, and commons, are fine sounding names. But, my lords, acts of parliament have been resisted in all ages. King, lords, and commons, may become tyrants as well as others. Tyranny in one or more is the same. It is as lawful to resist the tyranny of many as of one. Somebody once asked the great Mr. Seldon in what law-book, in what records or archives of the state, you might find the law for resisting tyranny. “I don’t know (said Mr. Seldon) whether it is worth your while to look deeply into the books upon this matter; but I’ll tell you what is most certain, that it has always been the custom of England—and the custom of England is the law of the land.”
“There is a gentleman, whom I need not name, his works are well received and well known, who avoids stating any rule when resistance is lawful; and he lays down the revolution as the only precedent. He says, that the various circumstances, events, and incident that may justify, cannot be defined; but the people at large will judge of their welfare and happiness, and act accordingly. The same writer says, that whenever a case exactly similar in all its parts and circumstances to the revolution, when a case shall run upon all fours with that, then the law seems to be settled that resistance is lawful. I do not pretend to quote his words. I think his meaning is very much as I have stated it. But undoubtedly in cases in many respects dissimilar, but in equal degree tyrannical and oppressive, resistance may be lawful, and the people in all ages, countries, and climes, have at times known these things, and they have, and will for ever act accordingly.”
Lord Shelburne, in the course of his argument, said, “My lords, we know, we all know, that justice and injustice, right and wrong, are not at all considered in the course of our parliamentary proceedings. We all know that nothing is debated in parliament for information or conviction, but for mere form. Every thing is considered in the cabinet, and brought into parliament, not for consideration, but for the sanction of the legislature, and the screening the counsellors of the king. The measures of parliament are the measures of the minister; and the measures of this minister are very often those of his commissioner.” The marquis of Rockingham also supported the motion.
Lords Littleton, Suffolk, Gower, Townsend, Rochford, and Weymouth, spoke in opposition. I omit relating what their lordships said, lest I should be suspected by any who may see this journal, of an unfair report of their speeches. But a very remarkable saying of lord G—— I cannot omit. His lordship said, “I am for enforcing these measures (and with great sneer and contempt) let the Americans sit talking about their natural and divine rights, their rights as men and citizens, their rights from God and nature.”
The house, at about ten, divided after the preceding debates on the question.—Contents 18—Non-contents 77, including proxies.
Thus far from Mr. Quincy’s papers.
The language of the lords in administration, was high and decisive. And it was declared, that the mother country should never relax till America confessed her supremacy; and it was acknowledged to be the ministerial resolution, to enforce obedience by arms.
The principal trading and manufacturing towns in the kingdom, having waited to regulate their conduct as to American affairs, by that of the merchants of London and Bristol, followed the example of these two great commercial bodies, and prepared petitions upon that subject to be presented to parliament.
[Jan. 23.] The petition from the merchants of London was of course the first delivered, and it was moved to be referred to the committee appointed to take into consideration the American papers; but it was moved by way of amendment on the ministerial side, that it should be referred to a separate committee to meet on the 27th, the day succeeding that appointed for the consideration of American papers. This was objected to as a shameful pitiful evasion; but upon the question’s being put, the amendment was carried, 197 against 81, who supported the original motion.
A similar fate attended the petitions from Bristol, Glasgow, Norwich, Liverpool, Manchester, Birmingham, Wolverhampton, Dudley, and some other places; all of which, in turn, were consigned to what the opposition termed the committee of oblivion.
[Jan. 26.] On the day appointed for the consideration of American affair a second and very strong petition was presented from the merchants of London. On which it was moved, that the order for referring the merchants petition to a separate committee should be discharged, and that it should be referred to a committee of the whole house, appointed to consider the American affairs. The indignity and mockery offered to so great a body as the merchants of London by the late resolution, which with an insidious affectation of civility, received the petition with one hand, and threw it out of the window with the other, was painted in strong colours. All the debates, on the subject of the petitions, were attended with an unusual degree of asperity, and even acrimony on the side of opposition. The conduct also of the late parliament was scrutinized without mercy, and its memory treated with more than want of respect. A gentleman, remarkable for a sarcastic poignancy in his observations, in sketching a short history of that parliament, said, that they began their political life with a violation of the sacred right of election in the case of Middlesex; that they had died in the act of popery, when they established the Roman Cotholic religion in Canada; and that they had left a rebellion in America as a legacy. The question was rejected upon a division by a very great majority.
Though it was then late, a petition was offered from Mr. Bollan, Dr. Franklin, and Mr. Lee, stating that they were authorised by the American continental congress, to present a petition from the congress to the king, which petition his majesty had referred to that house, and that they were enabled to throw great light upon the subject: they prayed to be heard at the bar in support of the said petition. A violent debate ensued. The ministry alledged, that the congress was no legal body, and none could be heard in reference to its proceedings, without giving that illegal body some degree of countenance. It was answered, that the congress, however illegal as to other purposes, was sufficiently legal for presenting a petition. It was signed by the names of all the persons who composed it, and might be received as from individuals. It was said, That it was their business rather to find every plausible reason for receiving petitions, than to invent pretences for rejecting them; that the rejection of petitions was one principal, if not the most powerful cause of the present troubles: and that this mode of constantly rejecting their petitions, and refusing to hear their agents, would infallibly end in universal rebellion, and not unnaturally, as those seem to give up the rights of government, who refuse to hear the complaints of the subject. The ministry insulted the petition as containing nothing but pretended grievances, while they refused to hear and discuss it. It was rejected by 218 to 68. This rejection must have been foreseen by all who knew, that on the fourth of the month, Lord Dartmouth, by the king’s orders, had written a circular letter to the governors of his majesty’s colonies, requiring them to use their utmost endeavors to prevent the holding of any more congresses; and that the American grievances were in the letter termed pretended. This letter was written a few days after the petition had met with an apparent gracious reception, and had been promised a due consideration; but probably not before favorable advices had been received respecting the New-York assembly.
It was evident, that both houses of parliament were ready to adopt any measures which administration should propose; and it was confidently believed and asserted, that when the merchants and manufacturers were deprived of all hopes of preventing the operation of force, it would then become their interest to give all possible effect to it. They would thus become by degrees, a principal support of that cause which they now so eagerly opposed.
The opinion of the efficacy of a forcible mode of proceeding in America, and the hopes of compelling a great body at home to concurrence, have made the ministers more and more resolved to go through, and complete the plan with which they have begun. It may however be much doubted, whether they suspect that the American contest will end in blood. Some of them in all probability have such a firm reliance upon Mr. Hutchinson’s judgment, as to flatter themselves that the colonists will give way to those appearances of coercion, which they have adopted, and mean further to adopt; and so have engaged in the present hazardous politics, in hopes of enjoying a bloodless conquest, and therein a complete triumph over all opposition.
[Feb. 8.] Lord Chatham persevered in the prosecution of his conciliatory scheme with America, and accordingly brought into the house of lords the outlines of a bill, which he hoped would answer that salutary purpose, under the title of “A provincial act for settling the troubles in America, and for asserting the supreme legislative authority, and superintending power of Great-Britain over the colonies.”
This bill caused a variety of discussion within and without doors. The ministry observed, that it was a proposition of reconciliation by concession, which was cause sufficient to induce them to reject it; their plan being, at present, to show a firm resolution not to give way in any instance, while the opposition in America continued. It was usual in parliament to reject, on the first proposition, any bill for any object allowed to be necessary; and promising, however faintly or rudely, any plan for obtaining the end proposed. But the proceeding on this occasion was different. They condemned without reserve the bill in the whole, and in all its parts; and it was moved, and strongly supported by all the lords on the side of administration, that the bill be rejected in the first instance. The noble framer defended himself and his bill from the numerous attacks which were made on both, with great spirit and vigor. The indignity offered him, seemed to renew all the fire of youth; and he retorted the sarchasms, which were levelled at him from different quarters, with a most pointed severity. The nature of the subjects debated, and the state of temper on both sides, produced much warmth, severe altercation, and even personal animadversion. The bill was rejected by a majority of 61 to 32, not being allowed to lie upon the table. The rejection of it may be of no disservice to the colonists. It contained in it, a proposal to require of congress the making of a free grant to the king, of a certain perpetual revenue, subject to the disposition of the British parliament; and congress was to adjust the proportions of the several charges to be borne by each province toward the general contributory supply. Had it passed into an act, the colonists might not have united in the proposal, but dangerous divisions have followed, so that you may have no occasion to regret its fate, especially as that will strengthen your union, and increase your friends.
A petition was presented to the commons, from the planters of the sugar colonies residing in Great-Britain, and the merchants of London trading to those colonies, setting forth the distress to which the West-India islands will be reduced, unless the former harmony between this kingdom and the American colonies is restored. Like all the former upon the subject, it was referred to the established petition committee. The day it was presented, the minister opened his designs in respect to America. Having prepared the way by a speech, he moved for an address to the king, and for a conference with the lords, that it might be the joint address of both houses. The address returns thanks for the communication of the American papers; and declares, that they find from them, that a rebellion actually exists within the province of the Massachusetts Bay; that the parties concerned in it have been countenanced and encouraged by unlawful combinations and engagements entered into, in several of the other colonies; that they never can relinquish any part of the sovereign authority over all the dominions, which by law is vested in his majesty and the two houses of parliament; but they ever have been, and always shall be ready to pay attention and regard to any real grievances of any of his majesty’s subjects, which shall in a dutiful and constitutional manner be laid before them; but at the same time they beseech his majesty to take the most effectual measures to enforce due obedience to the authority of the supreme legislature; and in the most solemn manner assure him, that at the hazard of their lives and properties, they will stand by him against all rebellious attempts, in the maintenance of the just rights of his majesty and the two houses of parliament.
Lord North then gave a sketch of the measures he intended to pursue, which were to send a greater force to America, and to bring in a temporary act to put a stop to all the foreign trade of the different colonies of New-England, particularly their fishery on the banks of Newfoundland, till they returned to their duty.
The address was so loaded with consequences, the extent of which could not be defined, that it called up all the powers of opposition; and even some few of the most moderate in the house seemed to feel a kind of horror, at entering upon a measure so dangerous in the tendency, and inexplicable in the event.
A gentleman, of the first eminence in the law, followed the minister through the whole detail of his speech, and answered the different positions. He insisted, that having examined with legal precision the definitions of treason, the Americans were not in rebellion, and said, “Whatever the disorders may be, they are created by the conduct of those, whose views are to establish despotism, and which are manifestly directed to reduce America to the most abject state of servility, as a prelude to the realizing the same wicked system in the mother country.” He concluded by maintaining, that an opposition to arbitrary measures is warranted by the constitution, and established by precedent.
The other gentlemen of the minority entered but little into the juridical part of the debate; but maintained, that it would be imprudent for the parliament at this time to declare the disturbances rebellious. They said, “It is well known no act of violence has been committed in the Massachusetts Bay, which has not been equalled by something similar in every other province, and sometimes even exceeded by acts of a more heinous nature; that therefore the only effect of this violent, but partial declaration of rebellion, will be to delude ourselves into preparations of hostility, as if against one province only, when in truth we have to contend with twelve.”
On the other side, the crown lawyers and ministerial debaters maintained, that such Americans as come within certain descriptions, and have been guilty of certain acts, and still persevere in the support and commission of such acts, are in a state of actual rebellion; that the punishment of a few of the worst sort of traitors, such as Hancock and his crew, may be sufficient to teach the rest their duty in future; and that the boasted union of the colonies will dissolve the moment parliament shows itself resolved on vigorous and severe measures. Some gentlemen of rank in the army, treated all idea of resistance by the Americans with the utmost contempt. They said, “They are neither soldiers, nor ever can be made so, being naturally of a pusillanimous disposition, and utterly incapable of any sort of order or discipline; and by their laziness, uncleanliness, and radical defect of constitution, they are disabled from going through the service of a campaign, but will melt away with sickness before they can face an enemy; so that a slight force will be more than sufficient for their complete reduction.” Many ludicrous stories to that purport were told, greatly to the entertainment of the house. A motion however was made for an amendment, which, upon a division, was rejected by a large majority, 304 against 105. The question being then put for the address, was carried by nearly The same majority.
But the minority had not done with the business. [Feb. 5.] Upon receiving the report from the committee a few days after, a noble lord made a motion to re-commit the address, and supported it with many arguments. He stated our domestic situation, and inferred the impropriety and danger of a declaration from that house, of the existence of a rebellion in any part of our dominions; and showed the desperate measures into which it might precipitate the Americans, and the advantage that might be taken of such an occasion by our powerful and watchful neighbors, whose ancient enmity and jealousy were much increased by the glory we had acquired, and the disgrace and loss they had suffered in the last war. He said, “My head and my heart join in deprecating the horrors of a civil war, which will be rendered still more dreadful, by its involving in it certain consequences, a foreign one with the combined forces of great and powerful nations.”
This motion introduced the longest and most interesting debate that had taken place in the new parliament. It was acknowledged on all hands, that the present crisis was the most perilous and intricate in which the nation had been involved since the revolution. It was contended by those who opposed the motion, that the Americans were not to be won by kindness, or retained by benefits; and that the tenderness, which had been constantly practised by government, had produced the present fatal consequences. The danger from foreign powers supporting the Americans, was said to be imaginary: and it was still contended by several that an appearance of vigorous measures, with some reinforcement of the troops at Boston, would prove sufficient to quell the disturbances in America, without the drawing of blood.
On the other side, the address was stigmatized as cruel, sanguinary, and unjust. It was urged, “The Americans have given the strongest and most unequivocal demonstrations of their filial piety toward the mother country. They have fought and bled by our side. In the present state of distraction, they require no more for the restoration of harmony, than to be placed in the same situation they were in at the close of the last war. They have been nursed up, for a long series of years, in ideas of certain rights, of which, the electing of their own representatives, and the disposal of their own money for the public service only through them, are among the principal. If this is an error, the crown and parliament are equally faulty with the Americans, having in their whole conduct constantly nourished the delusion. At the time of the repeal of the stamp-act, two of the first names of this kingdom, for ability as well as legal knowledge, beside many others, utterly denied the right of taxation. Is it then to be wondered at, that the Americans, with such authorities on their side, are tenacious of a right so invaluable in its nature, which has at all times been considered as the distinction between freemen and slaves, which has been confirmed by so long a prescription, and upon which, to this instant, the wisest and honestest men, even in the mother country, are divided in opinion?—Philip the second, and his seventeen provinces, are the counterpart of what we are acting. In comparing the probability of events, can any man say, Great-Britain has such a prospect of victory in the event as Spain might then have expected? If we imagine that the powers of Europe will sit still during this contest, we must suppose a system of policy now to prevail, or rather an extension of folly, all over Europe, which never before was known in any period of its existence.
Much ill temper appeared in every part of the house in the course of these debates. The ministry were charged with acting uniformly and systematically upon tory and arbitrary principles, which had thrown the whole empire into a state of confusion and distraction. “In a word,” it was said, “the short and simple question before the house is, whether we shall lose the colonies, or give up our ministry.”
The ministry, on the other hand, talked much about faction at home, and republican principles; and the Americans being spirited up to their rebellion by incendiary writers and speakers in England. After a debate, which continued till half an hour after two in the morning, the motion for the re-commitment of the address was rejected by nearly the former majority.
When it was moved in the house of lords, to fill up the blank, left open in the address, by the insertion of the words, “The lords spiritual and temporal, &c.” to render the instrument the joint act of both houses, a debate ensued. The questions of treason, rebellion and constructive treasons, were deeply entered into by two great law lords, who differed totally in their legal and political sentiments, and carried on a long argument between them, with great warmth and ability; in which a large stock of professional and general learning was displayed on each side. It is to be lamented, that with all the boasted excellency of our constitution, a question of so vast magnitude as to include in its consequences, the lives, fortunes, and honors of all the subjects of this empire, still remains involved in such obscurity, as not only to admit of a difference of opinion, but that even the great oracles of the law are bewildered in its darkness. This extraordinary debate was attended with some singular circumstances. Lord Mansfield, to the great surprize of most of his auditors, condemned, in very explicit and unreserved terms, the measure of laying on the duties in 1767, which he declared to be the most absurd and pernicious that could be advised, and the cause of all the present impending evils. The duke of Grafton, Lord Shelburne, and Lord Camden, who were at that time cabinet counsellors and held the first offices in the state, declared separately in their places, that they had no share in that measure, nor had ever given any approbation. The manner in which a measure of ministry was carried against the opinion of ministers was not explained. A disclosure relative to a matter, which had already convulsed the whole empire, and was still more to be dreaded in its future consequences, excited general amazement, mixt with indignation and regret in individuals. The fatal and over-ruling secret influence, which had so long guided and marred all public affairs, was deplored and animadverted upon in different parts of the house.
When the question came to be put, whether to agree with the commons in the address, by inserting the words necessary to fill up the blank, it was carried by a prodigious majority. But the lords Richmond, Craven, Archer, Abergavenny, Rockingham, Wycombe, Courtenay, Torrington, Ponsonby, Cholmondeley, Abington, Portland, Camden, Effingham, Stanhope, Scarborough, Fitzwilliam and Tankerville, protested against “an address amounting to a declaration of war, which is founded on no proper parliamentary information, which follows the rejection of every mode of conciliation, which hold out no substantial offer of redress of grievances, and which promises support to those ministers, who have inflamed America, and grossly misconducted the affairs of Great-Britain.”
[Feb. 9.] The address was delivered, and an answer given, wherein his majesty assured both houses, that they might depend upon his taking the most speedy and effectual measures for enforcing due obedience to the laws, and the authority of The supreme legislature.
On that or the preceding day, the petition and memorial from the assembly of Jamaica to his majesty, was laid before the commons. It was drawn up in very strong terms. The petitioners entered into a full, free, and argumentative discussion of the late claims of the mother country, and of the rights of the colonies: the former of which they combated, and the latter defended with great force. They equally deplored and beheld with amazement, a plan almost carried into execution for reducing the colonies into the most abject state of slavery; and they supplicated the throne, and demanded and claimed from the sovereign, as the guarantee of their just rights, that no laws should be forced upon them, injurious to their rights as colonists or Englishmen; and that, as the common parent of his people, his majesty would become a mediator between his European and American subjects.
[Feb. 10.] The next day the minister moved for leave to bring in a bill to restrain the trade and commerce of the New-England provinces, to Great-Britain, Ireland, and the British West-India islands, and to prohibit them from carrying on any fishery on the Banks of Newfoundland, and other places therein to be mentioned, under certain conditions, and for a limited time. In answer to the objections made to it while the subject of debate, the charges of injustice and cruelty were denied; and the contrary maintained; it was declared to be necessary; and it was observed, that though the innocent were involved with the guilty, and friends with foes, the necessity might be lamented, but could not be helped. The motion for a bill was carried by a majority of three to one.
In the progress of the bill, the London merchants and traders interested in the American commerce, petitioned against it, and were allowed to be heard. In consequence of this a long train of witnesses were examined, and it appeared, That in 1764, the four New-England colonies employed in their several fisheries, no less than 45,880 ton of shipping, and 6002 men, and that the produce of their fisheries in the foreign markets for that year, amounted to £.322,220 16s. sterling—that the fisheries were greatly increased—that all the materials used in them, except salt, and the timber of which their vessels were built, were taken from this country, and that the nett proceeds of the fish were remitted here—and that there was near a million of money owing from New-England to the city of London only. They stated to the house, that the calamities consequent upon the bill must fall in a particular degree, upon the innocent. The case of the inhabitants of Nantucket, would be particularly hard. They amounted to some thousands; nine-tenths of them quakers, inhabiting a barren land; but by an astonishing industry they kept 140 vessels in constant employ, eight in the importation of provisions for the island, and the rest in the whale fishery.
[Feb. 20.] While the bill was pending, lord North amazed all parties, and seemed for a time nearly to dissolve his own, by a conciliatory motion in regard to America. It proposed, “That when the governor, council, and assembly, or general court, of his majesty’s provinces or colonies, shall propose to make provision, according to their respective conditions, circumstances, and situations, for contributing their proportion to the common defence (such proportion to be raised under the authorities of the general court or general 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 should be approved by his majesty in parliament, and for so long as such provision shall be made accordingly, to forbear, in respect of such province or colony, to levy any duties, tax, or assessment: or to impose any further duty, tax, or assessment, except only such duties as it may be expedient to impose for the regulation of the commerce, the nett produce of the duties last mentioned to be carried to the account of such province, colony or plantation, respectively.” The numerous high prerogative party, who had ever opposed any relaxation in favor of the colonies, heard the proposition with horror, and considered themselves as abandoned or betrayed. They pronounced it a shameful prevarication, and a mean departure from principle; and finally concluded with declaring, that they would make no concessions to rebels with arms in their hands; and that they would enter into no measure for a settlement with the Americans, in which an express and definitive acknowledgment from them of the supremacy of parliament was not a preliminary article. A gentleman of the long robe, and who has lately distinguished himself for his zeal in promoting all the measures for reducing the colonies (Mr. W——) had the address in a few minutes to hush the commotion, by convincing the mal-contents, that the appearance of concession, lenity, and tenderness, which had so much alarmed them, were of such a nature, that they could not interfere with the most rigid measures which they wished to enforce. The gentlemen in opposition said, “The motion is insidious, base and treacherous in the highest degree.”—The minister acknowledged it to be a cheat, and designed for the purpose of dis-uniting the Americans; but it will tend only to consolidate that common mass of union into which they have been thrown by the Boston port act. The question was carried by a majority of three to one.
[Feb. 27.] A petition from the merchants, traders, and principal inhabitants of Poole in Dorsetshire, was presented, in avowed opposition to that from London, and in support of the principle of the fishery-bill. This petition set fourth, that the restraints upon the colonies would not by any means be injurious to commerce; and that the foreign markets might be amply supplied, by extending the Newfondland fishery from England.—They concluded by soliciting, no less for their own immediate advantage, than for the universal benefit of their country, such encouragement as parliament should think proper.
A petition was also delivered from the Quakers in behalf of their brethren and others, the inhabitants of Nantucket, in which they stated their innocence and industry, the utility of their labours to themselves and the community, the hazards attending their occupation, and the uncertainty of their gains; and showed, that if the bill passed into a law, they must shortly be exposed to all the miseries of a famine.
In every stage of the bill, the debate re-kindled; and in the course of it, the minority observed, “When it was thought wisdom to overthrow established privileges, and to combat national prejudices, by starting the new claim of taxation, the Americans went no further than to deny our right of internal taxation. Having gained the point of urging them to question one right, we soon convinced them, both by argument and practice, that an external tax might be made to answer all the purposes, and to produce all the mischiefs of internal taxation. They then denied our right of taxing for supply. Parliament then proceeded to deprive them of their charter, and to change the course of justice and trials. Then they were pushed to deny the power of internal legislation. But still they had hitherto never formally rejected the power of parliament to bind their trade. We are now to convince them, however, that if but a single branch of legislative power is left to this country, we can distort that branch in such a manner, that it shall include all the purposes of unlimited tyranny.” It appeared upon evidence, at the bar of the house, that by the operation of the bill, many thousands of innocent inhabitants would be reduced to the sad alternative, either of perishing through want at home, or of removing to some other less rigorous government for protection and support; so that a famine among the New-Englanders was predicted, as the consequence of the bill.
Some gentlemen on the other side of the question, acknowledged the harshness of the measure; but lamented its being indispensably necessary. A much greater number contended, that the bill was in an high degree merciful, and that the New-England colonies did not want resources to prevent a famine. A few went so far as to regret that the bill did not convey punishments adequate to the crimes of the Americans, and to dread that the famine which had been strongly prognosticated, and pathetically lamented, would not take place.
Mr. Quincy sails to-morrow for the Massachusetts. He is very far from being well; and has been attended upon repeatedly by Dr. Fothergill. The doctor thinks the Bristol air and water would give him perfect health; and it is greatly against his own opinion and inclination that he takes the voyage. But he risks his life for the good of his own colony in particular, and of America in general. His most intimate friends insist upon his going directly to Boston. They say no letter can go with safety; and that he can deliver more information and advice, viva voce, than can or ought to be written. They urge that by going now, if he arrives safe, he must be of great advantage to the American cause.
He is to tell the people of your colony, by no means to take any step of great consequence (unless on a sudden emergency) without the advice of the continental congress; and is to repair to that honorable body, when met at Philadelphia.
You will hear from him, how egregiously the Americans have been insulted by several in both houses of parliament, in being pronounced dastardly cowards and paltroons, to be looked into submission at the approach of a regiment; and that if this is your true character, there will be no great exploit in the brave general Grant’s marching successfully, with only five regiments, from one end of the continent to the other, of which he has declared himself capable. It is said that an American durst not look at a red coat. The senator holds this language in the senate; and the general at the head of an army. It passes for a maxim, and it is thought scepticism to doubt it. Every subaltern, upon half-pay, looks upon himself as qualified for subduing America. If a man says otherwise, the finger is pointed at him as to an enemy of his country. Mr. Quincy will be likely also to give you the name of the member, who in a late speech adulterated the English tongue, that he might gratify his inveteracy by punishing you with starvation.
By a future opportunity you will receive an account of the progress of the restraining and fishery bill, through the house of lords; of the further proceedings of parliament and ministry; and of the national complection.