Over this they would wander, without a possibility of restraint; they would change their manners with the habits of their life; would soon forget a Government, by which they were disowned; would become hordes of English Tartars; and, pouring down upon your unfortified frontiers a fierce and irresistible cavalry, become masters of your Governours and your Counsellors, your Collectors and Comptrollers, and of all the slaves that adhered to them. Such would, and, in no long time, must be, the effect of attempting to forbid as a crime, and to suppress as an evil, the command and blessing of Providence, "Increase and multiply." Such would be the happy result of an endeavour to keep as a lair of wild beasts, that earth, which God, by an express charter, has given to the children of men. Far different, and surely much wiser, has been our policy hitherto. Hitherto we have invited our people by every kind of bounty, to fixed establishments. We have invited the husbandman to look to authority for his title. We have taught him piously to believe in the mysterious virtue of Wax and Parchment. We have thrown each tract of land, as it was peopled, into Districts; that the ruling power should never, be wholly out of sight. We have settled all we could; and we have carefully attended every settlement with government.
Adhering, sir, as I do, to this policy, as well as for the reasons I have just given, I think this new project of hedging in population to be neither prudent nor practicable.
To impoverish the Colonies in general, and in particular to arrest the noble course of their marine enterprises, would be a more easy task. I freely confess it. We have shown a disposition to a system of this kind; a disposition even to continue the restraint after the offence; looking on ourselves as rivals to our Colonies, and persuaded that of course we must gain all that they shall lose. Much mischief we may certainly do. The power inadequate to all other things, is often more than sufficient for this. I do not look on the direct and immediate power of the Colonies to resist our violence, as very formidable. In this, however, I may be mistaken. But when I consider that we have Colonies for no purpose but to be serviceable to us, it seems to my poor understanding a little preposterous to make them unserviceable in order to keep them obedient. It is, in truth, nothing more than the old, and, as I thought, exploded problem of tyranny, which proposes to beggar its subjects into submission. But remember, when you have completed your system of impoverishment, that nature still proceeds in her ordinary course; that discontent will increase with misery; and that there are critical moments in the fortune of all states, when they who are too weak to contribute to your prosperity, may be strong enough to complete your ruin. Spoliatis arma supersunt.
The temper and character which prevail in our Colonies, are, I am afraid, unalterable by any human art. We cannot, I fear, falsify the pedigree of this fierce people, and persuade them that they are not sprung from a Nation, in whose veins the blood of freedom circulates. The language in which they would hear you tell them this tale, would detect the imposition; your speech would betray you. An Englishman is the unfittest person on earth to argue another Englishman into slavery.
I think it nearly as little in our power to change their republican religion, as their free descent; or to substitute the Roman Catholick as a penalty, or the Church of England as an improvement. The mode of inquisition and dragooning is going out of fashion in the old world; and I should not confide much to their efficacy in the new. The education of the Americans is also on the same unalterable bottom with-their religion. You cannot persuade them to burn their books of curious science; to banish their Lawyers from the courts of law; or to quench the lights of their assemblies, by refusing to choose those persons who are best read in their privileges. It would be no less impracticable to think of wholly annihilating the popular assemblies in which these Lawyers sit. The Army, by which we must govern in their place, would be far more chargeable to us; not quite so effectual; and, perhaps, in the end, full as difficult to be kept in obedience.
With regard to the high aristocratick spirit of Virginia and the Southern Colonies, it has been proposed, I know, to reduce it, by declaring a general enfranchisement of their Slaves. This project has had its advocates and panegyrists; yet I never could argue myself into any opinion of it. Slaves are often much attached to their masters. A general wild offer of liberty would not always be accepted. History furnishes few instances of it. It is sometimes as hard to persuade slaves to be free, as it is to compel freemen to be slaves; and in this auspicious scheme, we should have both these pleasing tasks on our hands at once. But when we talk of enfranchisement, do we not perceive that the American master may enfranchise too; and arm servile hands in defence of freedom? A measure to which other people have had recourse more than once, and not without success, in a desperate situation of their affairs.
Slaves as these unfortunate black people are, and dull as all men are from slavery, must they not a little suspect the offer of freedom from that very Nation which has sold them to their present masters? From that Nation, one of whose causes of quarrel with those masters, is their refusal to deal any more in that inhuman traffick? An offer of freedom from England, would come rather oddly, shipped to them in an African Vessel, which is refused an entry into the Ports of Virginia or Carolina, with a cargo of three hundred Angola Negroes. It would be curious to see the Guinea Captain attempting at the same instant to publish his proclamation of Liberty, and to advertise his sale of Slaves.
But let us suppose all these moral difficulties got over. The Ocean remains. You cannot pump this dry; and as long as it continues in its present bed, so long all the causes which weaken authority by distance will continue. "Ye gods, annihilate but space and time, and make two lovers happy!"—was a pious and passionate prayer; but just as reasonable as many of the serious wishes of very grave and solemn politicians.
If then, sir, it seems almost desperate to think of any alterative course, for changing the moral causes (and not quite easy to remove the natural) which produce prejudices irreconcilable to the late exercise of our authority; but that the spirit infallibly will continue; and, continuing, will produce such effects as now embarrass us; the second mode under consideration is to prosecute that spirit in its overt acts as criminal.
At this proposition, I must pause a moment. The thing seems a great deal too big for my ideas of jurisprudence. It should seem, to my way of conceiving such matters, that there is a very wide difference in reason and policy, between the mode of proceeding on the irregular conduct of scattered individuals, or even of bands of men, who disturb order within the state, and the civil dissensions which may, from time to time, on great questions, agitate the several communities which compose a great Empire. It looks to me to be narrow and pedantick to apply the ordinary ideas of criminal justice to this great publick contest. I do not know the method of drawing up an indictment against a whole people. I cannot insult and ridicule the feelings of millions of my fellow-creatures, as Sir Edward Coke insulted one excellent individual (Sir Walter Raleigh) at the bar.* I am not ripe to pass sentence on the gravest publick bodies., entrusted with magistracies of great authority and dignity, and charged with the safety of their fellow-citizens, upon the very same title that I am. I really think, that for wise men, this is not judicious; for sober men, not decent; for minds tinctured with humanity, not mild and merciful.
Perhaps, sir, I am mistaken in my idea of an Empire, as distinguished from a single State or Kingdom. But my idea of it is this; that an Empire is the aggregate of many states under one common head; whether this head be a Monarch, or a presiding Republick. It does, in such Constitutions, frequently happen (and nothing but the dismal, cold, dead uniformity of servitude can prevent its happening) that the subordinate parts have many local privileges and immunities. Between these privileges and the supreme common authority, the line may be extremely nice. Of course disputes, often too, very bitter disputes, and much ill blood, will arise. But though every privilege is an exemption (in the case ) from the ordinary exercise of the supreme authority, it is no denial of it. The claim of a privilege seems rather ex vi termini, to imply a superiour power. For to talk of the privileges of a state, or of a
* See Howell's State Trials, vol. 2, p. 7, et seq.
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