with regard to America. By another act, where one of the parties was an Englishman, they ordained that his trial should be always by English. They made acts to restrain trade, as you do; and they prevented the Welsh from the use of fairs and markets, as you do the Americans from 5 fisheries and foreign ports. In short, when the statute-book was not quite so much swelled as it is now, you find no less than fifteen acts of penal regulation on the subject of Wales. Here we rub our hands A fine body of precedents for 10 the authority of Parliament and the use of it! — I admit it fully; and pray add likewise to these precedents, that all the while Wales rid this kingdom like an incubus; that it was an unprofitable and oppressive burden; and that an Englishman travelling in that country could not go six yards 15 from the highroad without being murdered. The march of the human mind is slow. Sir, it was not until after two hundred years discovered that by an eternal law Providence had decreed vexation to violence, and poverty to rapine. Your ancestors did, however, at length open 20 their eyes to the ill-husbandry of injustice. They found that the tyranny of a free people could of all tyrannies the least be endured; and that laws made against an whole nation were not the most effectual methods for securing its obedience. Accordingly, in the twenty-seventh year of Henry the 25 Eighth, the course was entirely altered. With a preamble stating the entire and perfect rights of the crown of England, it gave to the Welsh all the rights and privileges of English subjects. A political order was established; the military power gave way to the civil; the marches were 30 turned into counties. But that a nation should have a right to English liberties, and yet no share at all in the fundamental security of these liberties, the grant of their own property, seemed a thing so incongruous that eight years - a com after, that is, in the thirty-fifth of that reign, plete and not ill-proportioned representation by counties and boroughs was bestowed upon Wales by act of Parliament. From that moment, as by a charm, the tumults sub5 sided; obedience was restored; peace, order and civilization followed in the train of liberty. When the day-star of the English Constitution had arisen in their hearts, all was harmony within and without: Defluit saxis agitatus humor; 15 The very same year the County Palatine of Chester received the same relief from its oppressions and the same remedy to its disorders. Before this time Chester was little less distempered than Wales. The inhabitants, without rights themselves, were the fittest to destroy the rights of 20 others; and from thence Richard the Second drew the standing army of archers with which for a time he oppressed England. The people of Chester applied to Parliament in a petition penned as I shall read to you: To the King our Sovereign Lord, in most humble wise shewen 25 unto your most excellent Majesty the inhabitants of your Grace's County Palatine of Chester: (1) That where the said County Palatine of Chester is and hath been always hitherto exempt, excluded and separated out and from your high court of Parliament, to have any knights and burgesses within the said court; by reason 30 whereof the said inhabitants have hitherto sustained manifold disherisons, losses and damages, as well in their lands, goods and bodies, as in the good, civil and politic governance and maintenance of the commonwealth of their said country. (2) And forasmuch as the said inhabitants have always hitherto been bound by the acts and statutes made and ordained by your said Highness and your most noble progenitors, by authority of the said court, as far forth as other counties, cities and boroughs have been, that have had their knights and burgesses within your said court of Parliament, and yet have had neither knight ne 5 burgess there for the said County Palatine; the said inhabitants, for lack thereof, have been oftentimes touched and grieved with acts and statutes made within the said court, as well derogatory unto the most ancient jurisdictions, liberties and privileges of your said County Palatine, as prejudicial unto the commonwealth, 10 quietness, rest and peace of your Grace's most bounden subjects inhabiting within the same. What did Parliament with this audacious address? Reject it as a libel? Treat it as an affront to government? Spurn it as a derogation from the rights of legislature? 15 Did they toss it over the table? Did they burn it by the hands of the common hangman? They took the petition of grievance, all rugged as it was, without softening or temperament, unpurged of the original bitterness and indignation of complaint; they made it the very preamble to 20 their act of redress, and consecrated its principle to all ages in the sanctuary of legislation. Here is my third example. It was attended with the success of the two former. Chester, civilized as well as Wales, has demonstrated that freedom, and not servitude, 25 is the cure for anarchy; as religion, and not atheism, is the true remedy for superstition. Sir, this pattern of Chester was followed in the reign of Charles the Second with regard to the County Palatine of Durham, which is my fourth example. This county had long lain out of the pale of 30 free legislation. So scrupulously was the example of Chester followed, that the style of the preamble is nearly the same with that of the Chester act; and without affecting the abstract extent of the authority of Parliament, it recog nizes the equity of not suffering any considerable district in which the British subjects may act as a body, to be taxed without their own voice in the grant. Now if the doctrines of policy contained in these pre5 ambles and the force of these examples in the acts of Parliaments avail anything, what can be said against applying them with regard to America? Are not the people of America as much Englishmen as the Welsh? The preamble of the act of Henry the Eighth says the Welsh speak a to language no way resembling that of his Majesty's English subjects. Are the Americans not as numerous? If we may trust the learned and accurate Judge Barrington's account of North Wales, and take that as a standard to measure the rest, there is no comparison. The people 15 cannot amount to above 200,000, not a tenth part of the number in the colonies. Is America in rebellion? Wales was hardly ever free from it. Have you attempted to govern America by penal statutes? You made fifteen for Wales. But your legislative authority is perfect with re2c gard to America. Was it less perfect in Wales, Chester, and Durham ? But America is virtually represented. What does the electric force of virtual representation more easily pass over the Atlantic than pervade Wales, which lies in your neighborhood? or than Chester and 25 Durham, surrounded by abundance of representation that is actual and palpable? But, Sir, your ancestors thought this sort of virtual representation, however ample, to be totally insufficient for the freedom of the inhabitants of territories that are so near and comparatively so inconsid30 erable. How then can I think it sufficient for those which are infinitely greater and infinitely more remote? You will now, Sir, perhaps imagine that I am on the point of proposing to you a scheme for a representation of the colonies in Parliament. Perhaps I might be inclined to entertain some such thought; but a great flood stops me in my course. Opposuit natura I cannot remove the eternal barriers of the creation. The thing, in that mode, I do not know to be possible. As I meddle with no theory, I do not absolutely assert the impracticability of such a represen- 5 tation: but I do not see my way to it; and those who have been more confident have not been more successful. However, the arm of public benevolence is not shortened, and there are often several means to the same end. What Nature has disjoined in one way Wisdom may unite in 10 another. When we cannot give the benefit as we would wish, let us not refuse it altogether. If we cannot give the principal, let us find a substitute. But how? Where? What substitute? Fortunately I am not obliged for the ways and means of 15 this substitute to tax my own unproductive invention. I am not even obliged to go to the rich treasury of the fertile framers of imaginary commonwealths, not to the Republic of Plato, not to the Utopia of More, not to the Oceana of Harrington. It is before me; it is at my feet,— And the rude swain Treads daily on it with his clouted shoon. Comus 20 I only wish you to recognize, for the theory, the ancient constitutional policy of this kingdom with regard to representation, as that policy has been declared in acts of Parlia- 25 ment; and as to the practice, to return to that mode which an uniform experience has marked out to you as best, and in which you walked with security, advantage and honor, until the year 1763. My resolutions therefore mean to establish the equity and 30 justice of a taxation of America by grant, and not by imposition; to mark the legal competency of the colony assemblies for the support of their government in peace and for public |