of the Kings Dominions. The Article is as follows, that, "Levying money for, or to the use of, the Crown, by pretence of prerogative, without grant of Parliament, for a longer time, or in other manner than the same is or shall be granted, is illegal." This, he said, was not only prudent but necessary. The right of taxing was inherent in the supreme power; and by being the roost essential of all powers, was the most necessary, not only to be reserved in theory, but exercised in practice; or it would, in effect, be lost, and all other powers along with it. It was, he said, a great mistake, that the establishment of a Parliament in Ireland precluded Great Britain from taxing that Kingdom; that the right of taxing it had always been maintained and exercised too, whenever it was thought expedient, and ought, undoubtedly, always to be so, whenever the British Parliament judged proper, having no other rule in this respect but its own discretion; that all inferiour assemblies were only like the Corporate Towns in England, who had a power, like them, of making By-laws, and nothing more. He recommended the example of the French Government in their Provinces, called Pais d' Etats; where, though the people seem to grant, yet, in reality, the mode alone of raising the tax is left to the Province; the Crown always fixing the sum to be raised. These wants are, therefore, not free, but, as one of their own writers, Voltaire, calls them, repertus libres, reputed free; and that the people were so well satisfied with this reputed freedom that they never have refused to grant, except once, when the states of Languedoc were refractory; but an Army being sent to reduce them, they were brought to obedience, and have been ever since perfectly quiet. This was the substance of Mr. Jenkinson's speech.

Lord Frederick Campbell took up the same maxims, and maintained them with great warmth, declaring that he thought any Minister ought to be impeached who suffered the grant of any sort of revenue from the Colonies to the Crown. Indeed, it was possible that such a practice in time of war, from the necessity of the case, might be tolerated, but that a revenue in time of peace could not be granted by the Assemblies, without subverting the Constitution.

Mr. Jenkinson moved the previous question.

And the previous question being put, "That that question be now put?" the House divided: Ayes, 78; Noes, 270.

So it passed in the Negative.

Mr. Burke then moved, That the said Colonies and Plantations have been made liable to and bounden by several subsidies, payments, rates, and taxes, given and granted by Parliament, though the said Colonies and Plantations have not their Knights and Burgesses in the said High Court of Parliament, of their own election, to represent the condition of their country, by lack whereof they have been often times touched and grieved by subsidies given granted, and assented to in the said Court, in a manner prejudicial to the Commonwealth, quietness, rest, and peace of the subjects inhabiting within the same.

An amendment was proposed to be made to the question by leaving out from the word country to the end of the question.

And the question being put, that the words proposed to be left out stand part of the question;

It passed in the Negative.

Then the main question, so amended, being proposed, That the said Colonies and Plantations have been made liable to and bounden by, several subsidies, payments rates, and taxes, given and granted by Parliament, though the said Colonies and Plantations have not their Knights and Burgesses in the said High Court of Parliament; of their own electron, to represent the condition of their country

And the previous question being put, that that question be now put;

It passed in the Negative.

Mr. Burke then moved, and the question being proposed, That from the distance of the said Colonies and from other circumstances, no method hath hitherto been devised for procuring a representation in Parliament for the said Colonies.

And the previous question being put, that that question be now put;

It passed in the Negative.

Mr. Burke then moved, and the question being proposed, That each of the said Colonies hath, within itself, a body chosen in part, or in the whole, by the Freemen Freeholders, or other free Inhabitants thereof, commonly called the General Assembly or General Court with powers legally to raise, levy, and assess, according to the several usages of such Colonies, Duties and Taxes, towards defraying all sorts of publick services;

And the previous question being put that that question be now put;

It passed in the Negative.

Mr. Burke then moved, and the question being put, That the sad General Assemblies, General Courts, or other bodies legally qualified as aforesaid, have, at sundry times freely granted several large Subsidies and Publick Aids for his Majesty's service, according to their abilities, when required thereto, by Letter from one of his Majesty's principal Secretaries of State; and that their right to grant the same, and their cheerfulness and sufficiency in the Parliament have been at sundry times, acknowledged by Parliament;

It passed in the Negative.

Mr. Burke than moved, and the question being put, That it hath been found, by experience, that the manner of granting the said Supplies and Aids by the said General Assemblies hath been more agreeable to the inhabitants of the said Colonies, and more beneficial and conducive to the publick service than the mode of giving and granting-Aids and paid in the said Colonies;

It passed in the Negative.

Mr. Burke then moved, and the question being proposed, That it may be proper to repeal an Act, made in the seventh year of the reign of his present Majesty, entituled "An Act for granting certain granting certain Duties in the British Colonies and Plantations in America, for allowing a Drawback of the Duties of Customs upon the exportation the Kingdom of Coffee and Cocoa Nuts, of the produce of the said Colonies or Plantations: for discontinuing the Drawbacks payable on China Earthen Ware exported to America; and for more effectually preventing the clandestine running of Goods in the said Colonies and Plantations:" and also, that it may be proper to repeal an Act made in the fourteenth year of his

the case; but that a revenue, in time of peace, could not be granted be any of the Assemblies, without subverting the Constitution. In the warmith of prosecuting thus idea, it was asserted, by more than one gentleman on that side, that the establishment of a parliament in Ireland did not by any means preclude Great Britain from taxing that Kingdom whenever it was thought necessary that that right had always been maintained, and exercised too, whenever it was juded expedient. And that the British Parliament had no other rule in that exercise, than its own dirscretion. That all inferiour assemblies in the Empire, were only like the Corporate Towns in England, which had a power, like them, of making By-laws, for their own municipal government, and nothing more.

"On the other side, it was urged, that the clause in the Declaration of Rights, so much relied on, was calculated merely to restrain the prerogative, from the raising of any money within the Realm, without the consent of Parliament; but that it did not at all reach, nor was in tended to interfere with, the taxes levied, or grants passed by legal Assemblies out of the Kingdom, for the publick service. On the contrary, Parliament knew, at the time of passing that law, that the Irish grants were subsisting, and taxes constantly levied in consequence of them, without their once thinking, either then, or at any other time, of censuring the practice, or condemning the mode as unconstitutional. It also said, that different Parliaments, at different periods, had not only recognized the right, but gratefully acknowledged the benefit which the publick derived from the taxes levied, and the grants passed by the American Assemblies. As to the distinction taken, of a time of war, and the necessity of case, they said it was frivolous and wholly groundless. The power of the Subject in granting, or of the Crown in receiving, no way differs, in time of war, from the same powers in time of peace; nor is any distinction on such a supposition made in the article of the Bill of Rights. They argued, therefore, that this article of the Bill of Rights is confined to what it was always thought confined, the prerogative in this Kingdom; and bound, indeed, the Crown; but could not, in securing the rights and liberties of the Subject in this Kingdom, intend to annihilate them every where else. That as the Constitution had permitted the Irish Parliament and American Assemblies to make grants to the Crown; and that experience had shown, that these grants had produced both satisfaction and revenue, it was absurd to risk all in favour of theories of supermacy, unity, sovereign rights, and other names, which hitherto had led to nothing but confusion and beggary on all sides, and would continue to produce the same miserable effects as long as they were persisted in. That the mover had very wisely avoided these speculative questions, and confined himself to experience; and it would be well if they could persuade themselves to follow that example. The previous question was moved on the first proposition, and carried by 270 to 78."— Ann. Regis