reason which has weighed with me, as to the mode of those measures, is, that it
is founded in precedents, the authority of which I am sure gentlemen that may at present disapprove them, will not reject. I refer myself to the Parliament that sat after the execution of Charles the First, when. The Government was formed into a Republick; a Parliament that perfectly understood the distinction between that resistance which is justifiable, and that which is rebellion. The Colonies affecting to be the subjects of the King only, and riot subordinate to the state, revolted from the Government of the state, denied the authority of Parliament, and set up a Government of their own, independent of that state and Parliament. The case is not very different from what has been affected to be stated in the present situation of things. See, then, what was the method taken by that Parliament; they made a law totally to prohibit from trade Virginia, Barbadoes, and the rest of the Colonies which were under that revolt; and as it is a precedent which has weighed with me for acquiescing in the proposition of bringing in a Bill to restrain the Colonies of New England from trade, other than to England, and from fishing, until they acknowledged the authority of Parliament; and as it contains not only a prohibitory, but a declaratory law of the right of Parliament, I will beg leave to read it:* but although I have acquiesced in those measures, my eye has always looked to peace, nor have my endeavours ever ceased to labour for it, and I seize this first moment, in which I cannot but hope I see some dawn of peace, to speak to it for this once more. At present, matters are come to the last extremity—this country and America are in the situation of open and declared war; they are in the very point of striking the blow which must be the beginning of shedding of blood. When two independent Nations are in that situation, they generally, amidst their friends and allies, can find some common mediator, that may at least bring them to some terms of conference, some mode of explanation, that may avert the war that is ready to commence; but where can that mediator be found that can stand forward between the subjects and the Government of a country. Who can have sufficient authority to interpose in such a case, to prevent the fatal consequences? the; country gentlemen, the landed staple interest of this country, that have never taken any share in this busniess, as a party, will not on this occasion stand forth, there can be no such mediator. They alone are in that predicament which will enable them (and it becomes their actual duty) to stand forth on this occasion. It is their interest also, as well as their duty; for it is their interest that is principally at stake—and I do feel myself, I own, extremely happy see that the noble Lord who has laid the proposition on your table, although as a Minister it is his duty to support the authority of this country, and carry on such measures as his Majesty, by the advice of Parliament, has thought fit to adopt; yet, sir, I do think it is humane, it is nobly spirited in him, as a private Member of Parliament, as one of that candid body which will, I hope, join him to stand forth as the mediator upon this occasion, holding out such terms as may prevent a people from being driven to desperation; and may open a door to reconciliation, upon such terms as shall establish the authority of this country, and give security to the rights and liberty of America. And I own I feel extremely happy to find that they are such terms as a wise and honest man might offer, even if the success of war had put into your hands the right of enforcing every thing that you claim; for even if we go to war, this business must finally end in negotiation; and? wish the Committee would attend to what I am going to say, (for I know it to be true) that the country of America must, for the future, be governed under regulations and forms, and a Constitution that must be settled by compact. The relation between the two countries must, in its future process, stand upon the compact; or this country must hold its dominion in the Colonies by the tenure of a war that will cost more than they are worth, and finally ruin both. In whatever instance you come to regulate their trade, you will always find yourself involved in disputes, and must have a never failing source of quarrel between this country and that, until the regulations and restrictions under which the whole of the American trade is to be carried, on for the future, are settled by compact; if you mean to have peace for the future, this must be done. If you mean to retain that superintending controlling power of government which you have over the Colonies, so as that it may act with effect, and yet retain them as subjects administered under government, and not subjected by force of arms, even their Constitutions must for the future, be settled, by compact; their Charters, which the King grants them, are not and cannot be considered as such compact; for if it was, the King making terms with any parts of his Dominions, might dismember the Empire, and set all the various parts of it together at variance and in war. Such compact, therefore, temporary as it must be in its nature, must be under the supervision and supreme control of Parliament. Parliament must necessarily have a right to interfere, and I think should so far interfere, as to examine, to settle, and to give the several Colonies, once for all, such a Constitution as is fit for such dependent communities within the Empire; by settling with them and for them such articles, terms, and conditions as may be confirmed by act of Parliament, in like manner as was done in the upon of the twp parts of the present Kingdom, which articles, when once confirmed by Parliament, cannot, according to the law of Nations, of justice and policy, be altered without the consent of the parties; until the Colonies, holding their Governments under the terms of dependency on the Empire, shall break those conditions, or endeavour to emancipate themselves from them.
On the point of taxation this Resolution goes to every thing that can or ought to be proposed; and is, if rightly understood, and accepted as it ought to be, a fair and just preliminary that must lead to peace. Although those spirits in America which are irritated, and in their resentments look to men rather than things, may be indisposed to receive any terms whatever, and willing to hazard all, rather than treat with men against whom those resentments are raised; and although those that take up this matter here, only as a measure of opposition, may endeavour to ridicule and obstruct every good effect which it might have; yet those men of weight and property, both hero and in America, who have a real interest at stake, and not pledged to any party, but act from principle, must and will see that the line of this proposition will lead finally to such settlement, in which alone their interest can be effectually secured, and the safety of both countries be firmly and permanently established.
If the Committee will indulge me with their further patience for a moment, I will proceed to make one or two very short remarks on the tenor of the Resolution itself. The Resolution says, and says properly, that no proposition can be received by this country but what comes from the General Court or Assembly of the respective Provinces—that is the only authority, most undoubtedly, that this country can acknowledge and treat with—that is the only body that can have any authentick power to make any propositions; and although I know that those propositions can-
* The law referred to by Governour Pownall, is in Scobell's Acts and Ordinances, 1650, cap. 28. "Whereas in Virginia, and in the Islands of Barbadoes, Antigua, St. Christopher's, Mevias, Montserrat, Bermudas, and divers other Islands and places in America, there hath been, and are, Colonies and Plantations which were plated at the cost and settled by the people and by authority of this Nation, which are and ought to be subordinate to, and dependent upon England; and hath, ever since the planting thereof, been, and ought to be, subject to such Laws, Orders, and Regulations as are and shall be made by the Parliament of England: and whereas divers acts of rebellion have been committed by many persons inhabiting in Barbadoes, Antigua, Bermudas, and Virginia, whereby they have most traitorously, by force and subtilty, usurped a power of government, and seized the estates of many well-affected persons into their hands, and banished others, and have set up themselves in opposition to, distinct from this State and Commonwealth; many of their chief actors in, and promoters of these rebellions having been transported and carried over to the said Plantations in foreign Ships, without leave, license, or consent of the Parliament of England; the Parliament of England taking the premises into consideration, and finding themselves obliged to use all speedy, lawful, and just means for the suppression of the said rebellion in the said Plantations, and reducing the same to fidelity and due obedience, so as all peaceable and well affected people who have been robbed, spoiled, imprisoned, or banished, through the said treasonable practices, may be restored to the freedom of their persons, and possession of their own lands and goods, and due punishment inflicted on the said delinquents, do declare all and every the said persons in Barbadoes, Antigua, Bermadas, and Virginia, that have contrived, abetted, aided, or assisted those horrid rebellions, or have since willing joined with them, to be notorious robbers and traitors, and such as, by the law of Nations, are not to be permitted any manner of commerce or traffick with any people whatsoever; and do forbid to all manner of persons, foreigners and others, all manner of commerce, traffick, and correspondency whatsoever to be used or held with the said rebels in the Barbadoes, Bermudas, Virginia, and Antigua, or either of them."
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