FOOTNOTE:
[28] Delivered in the House of Lords, Nov. 18, 1777.
II. ATTEMPT TO SUBJUGATE AMERICA
My lords, no man wishes for the due dependence of America on this country more than I do. To preserve it, and not confirm that state of independence into which your measures. .h.i.therto have driven them, is the object which we ought to unite in attaining. The Americans, contending for their rights against arbitrary exactions, I love and admire. It is the struggle of free and virtuous patriots. America was indeed the fountain of our wealth, the nerve of our strength, the nursery and basis of our naval power. It is our duty, therefore, my lords, if we wish to save our country, most seriously to endeavor the recovery of these most beneficial subjects; and in this perilous crisis, perhaps the present moment may be the only one in which we can hope for success.
I would impart to them every enjoyment and freedom which the colonizing subjects of a free state can possess, or wish to possess; and I do not see why they should not enjoy every fundamental right in their property, and every original substantial liberty, which Devonshire or Surrey, or the county I live in, or any other county in England, can claim; reserving always as the sacred right of the mother country the due const.i.tutional dependency of the colonies. The inherent supremacy of the state in regulating and protecting the navigation and commerce of all her subjects is necessary for the mutual benefit and preservation of every part, to const.i.tute and preserve the prosperous arrangement of the whole empire.
You cannot conciliate America by your present measures. You cannot subdue her by your present, or by any measures. What, then, can you do?
You cannot conquer, you cannot gain, but you can address; you can lull the fears and anxieties of the moment into an ignorance of the danger that should produce them. But, my lords, the time demands the language of truth. We must not now apply the flattering unction of servile compliance or blind complaisance. In a just and necessary war to maintain the rights or honor of my country, I would strip the shirt from my back to support it. But in such a war as this, unjust in principle, impracticable in its means, and ruinous in its consequences, I would not contribute a single effort, nor a single shilling. I do not call for vengeance on the heads of those who have been guilty; I only recommend to them to make their retreat; and let them make haste, or they may be a.s.sured that speedy and condign punishment will overtake them.
My lords, I have submitted to you, with the freedom and truth which I think my duty, my sentiments on this awful situation. I have laid before you the ruin of your power, the disgrace of your reputation, the pollution of your discipline, the contamination of your morals, the complication of calamities, foreign and domestic, that overwhelm your sinking country. Your dearest interests, your own liberties, the const.i.tution itself, totters to the foundation. All this disgraceful danger, this mult.i.tude of misery, is the monstrous offspring of this unnatural war. We have been deceived and deluded too long. Let us now stop short. This is the crisis, the only crisis of time and situation, to give us a possibility of escape from the fatal effects of our delusions. But if, in an obstinate and infatuated perseverance in folly, we slavishly echo the peremptory words this day presented to us, nothing can save this devoted country from complete and final ruin.
Is it possible, can it be believed, that ministers are yet blind to this impending destruction? I did hope that instead of this false and empty vanity, this overweening pride, that ministers would have humbled themselves in their errors, would have confessed and retracted them, and by an active though a late repentance, have endeavored to redeem them.
But, my lords, since they had neither sagacity to foresee, nor justice nor humanity to shun, these oppressive calamities; since not even severe experience can make them feel, nor the imminent ruin of their country awaken them from their stupefaction, the guardian care of Parliament must interpose. I shall, therefore, my lords, propose an amendment to the address to his Majesty, to recommend an immediate cessation of hostilities and the commencement of a treaty to restore peace and liberty to America, strength and happiness to England, security and permanent prosperity to both countries.
VI. EDMUND BURKE
I. IMPEACHMENT OF HASTINGS[29]
My lords, you have now heard the principles on which Mr. Hastings governs the part of Asia subjected to the British empire. Here he has declared his opinion, that he is a despotic prince; that he is to use arbitrary power; and, of course, all his acts are covered with that shield. "I know," says he, "the Const.i.tution of Asia only from its practice." Will your lordships submit to hear the corrupt practices of mankind made the principles of Government?
He have arbitrary power! My lords, the East India Company have not arbitrary power to give him; the King has no arbitrary power to give him; your lordships have not; nor the Commons; nor the whole Legislature. We have no arbitrary power to give, because arbitrary power is a thing which neither any man can hold nor any man can give. No man can lawfully govern himself according to his own will, much less can one person be governed by the will of another. We are all born in subjection, all born equally, high and low, governors and governed, in subjection to one great, immutable, preexistent law, prior to all our devices, and prior to all our contrivances, paramount to all our ideas, and all our sensations, antecedent to our very existence, by which we are knit and connected in the eternal frame of the universe, out of which we cannot stir.
This great law does not arise from our conventions or compacts; on the contrary, it gives to our conventions and compacts all the force and sanction they can have;--it does not arise from our vain inst.i.tutions.
Every good gift is of G.o.d; all power is of G.o.d;--and He, who has given the power, and from whom alone it originates, will never suffer the exercise of it to be practiced upon any less solid foundation than the power itself. If then all dominion of man over man is the effect of the divine disposition, it is bound by the eternal laws of Him that gave it, with which no human authority can dispense; neither he that exercises it, nor even those who are subject to it. And if they were mad enough to make an express compact that should release their magistrate from his duty, and should declare their lives, liberties, and properties dependent upon, not rules and laws, but his mere capricious will, that covenant would be void.
This arbitrary power is not to be had by conquest. Nor can any sovereign have it by succession; for no man can succeed to fraud, rapine, and violence. Those who give and those who receive arbitrary power are alike criminal; and there is no man but is bound to resist it to the best of his power, wherever it shall show its face to the world.
Law and arbitrary power are in eternal enmity. Name me a magistrate, and I will name property; name me power, and I will name protection. It is a contradiction in terms; it is blasphemy in religion, it is wickedness in politics, to say that any man can have arbitrary power. In every patent of office the duty is included. For what else does a magistrate exist?
To suppose for power, is an absurdity in idea. Judges are guided and governed by the eternal laws of justice, to which we are all subject. We may bite our chains, if we will; but we shall be made to know ourselves, and be taught that man is born to be governed by law; and he that will subst.i.tute will in the place of it, is an enemy to G.o.d.
My lords, I do not mean to go further than just to remind your lordships of this,--that Mr. Hastings" government was one whole system of oppression, of robbery of individuals, of spoliation of the public, and of supersession of the whole system of the English Government, in order to vest in the worst of the natives all the power that could possibly exist in any government; in order to defeat the ends which all governments ought, in common, to have in view. In the name of the Commons of England, I charge all this villainy upon Warren Hastings in this last moment of my application to you.
My lords, what is it that we want here to a great act of national justice? Do we want a cause, my lords? You have the cause of oppressed princes, of desolated provinces, and of wasted kingdoms. Do you want a criminal, my lords? When was there so much iniquity ever laid to the charge of any one? No, my lords, you must not look to punish any other such delinquent from India. Warren Hastings has not left substance enough in India to nourish such another delinquent.
Therefore, it is with confidence that, ordered by the Commons of Great Britain, I impeach Warren Hastings of high crimes and misdemeanors. I impeach him in the name of the Commons of Great Britain in Parliament a.s.sembled, whose parliamentary trust he has abused. I impeach him in the name of the Commons of Great Britain, whose national character he has dishonored. I impeach him in the name of the people of India, whose laws, rights and liberties he has subverted. I impeach him in the name of the people of India, whose property he has destroyed, whose country he has laid waste and desolate. I impeach him in the name of human nature itself, which he has cruelly outraged, injured and oppressed, in both s.e.xes. And I impeach him in the name and by the virtue of those eternal laws of justice, which ought equally to pervade every age, condition, rank, and situation in the world.
FOOTNOTE:
[29] On the 15th of February, 1788, Edmund Burke began a four days"
speech in the impeachment of Warren Hastings.
II. CONCILIATION WITH AMERICA[30]
Sir, I have in general no very exalted opinion of the virtue of paper government; nor of any politics in which the plan is to be wholly separated from the execution. But when I saw that anger and violence prevailed every day more and more, and that things were hastening towards an incurable alienation of our colonies, I confess my caution gave way. I felt this as one of those few moments in which decorum yields to a higher duty. Public calamity is a mighty leveler; and there are occasions when any chance of doing good must be laid hold on, even by the most inconsiderable person. To restore order and repose to an empire so great and so distracted as ours, is, merely in the attempt, an undertaking that would enn.o.ble the flights of the highest genius, and obtain pardon for the efforts of the meanest understanding.
The proposition is peace. Not peace through the medium of war; not peace to be hunted through the labyrinth of intricate and endless negotiations; not peace to arise out of universal discord fomented, from principle, in all parts of the empire. It is simple peace; sought in its natural course, and in its ordinary haunts. It is peace sought in the spirit of peace, and laid in principles purely pacific. I propose, by removing the ground of the difference, and by restoring the former unsuspecting confidence of the colonies in the Mother Country, to give permanent satisfaction to your people; and to reconcile them to each other in the same act and by the bond of the very same interest which reconciles them to British government.
The principle of this proceeding is large enough for my purpose. I mean to give peace. Peace implies reconciliation; and where there has been a material dispute, reconciliation does in a manner always imply concession on the one part or on the other. In this state of things I make no difficulty in affirming that the proposal ought to originate from us. Great and acknowledged force is not impaired, either in effect or in opinion, by an unwillingness to exert itself. The superior power may offer peace with honor and with safety. Such an offer from such a power will be attributed to magnanimity. But the concessions of the weak are the concessions of fear. When such an one is disarmed, he is wholly at the mercy of his superior; and he loses forever that time and those chances, which, as they happen to all men, are the strength and resources of all inferior power.
The leading questions on which you must this day decide, are these two: First, whether you ought to concede; and secondly, what your concession ought to be. On the first of these questions we have gained some ground.
But I am sensible that a good deal more is still to be done. Indeed, Sir, to enable us to determine both on the one and the other of these great questions with a firm and precise judgment, I think it may be necessary to consider distinctly the true nature and the peculiar circ.u.mstances of the object which we have before us; because after all our struggle, whether we will or not, we must govern America according to that nature and to those circ.u.mstances, and not according to our own imaginations, nor according to abstract ideas of right.
America, gentlemen say, is a n.o.ble object. It is an object well worth fighting for. Certainly it is, if fighting a people be the best way of gaining them. Gentlemen in this respect will be led to their choice of means by their complexions and their habits. Those who understand the military art will of course have some predilection for it. Those who wield the thunder of the state may have more confidence in the efficacy of arms. But I confess my opinion is much more in favor of prudent management than of force. The use of force alone is but temporary. It may subdue for a moment, but it does not remove the necessity of subduing again; and a nation is not governed which is perpetually to be conquered.
My next objection is its uncertainty. Terror is not always the effect of force, and an armament is not a victory. If you do not succeed, you are without resource; for, conciliation failing, force remains; but, force failing, no further hope of reconciliation is left. Power and authority are sometimes bought by kindness; but they can never be begged as alms by an impoverished and defeated violence. Nothing less will content me than whole America. I do not choose to consume its strength along with our own, because in all parts it is the British strength that I consume.
I do not choose to be caught by a foreign enemy at the end of this exhausting conflict; and still less in the midst of it. I may escape; but I can make no insurance against such an event. Let me add, that I do not choose to break the American spirit; because it is the spirit that has made the country.
In the character of the Americans, a love of freedom is the predominating feature which marks and distinguishes the whole; and as an ardent is always a jealous affection, your colonies become suspicious, restive, and untractable whenever they see the least attempt to wrest from them by force, or shuffle from them by chicanery, what they think the only advantage worth living for. This fierce spirit of liberty is stronger in the English colonies probably than in any other people of the earth.
Sir, from these six sources--of descent, of form of government, of religion in the northern provinces, of manners in the southern, of education, of the remoteness of situation from the first mover of government--from all these causes a fierce spirit of liberty has grown up. It has grown with the growth of the people in your colonies, and increased with the increase of their wealth; a spirit that unhappily meeting with an exercise of power in England which, however lawful, is not reconcilable to any ideas of liberty, has kindled this flame that is ready to consume us.
I am much against any further experiments which tend to put to the proof any more of these allowed opinions which contribute so much to the public tranquillity. In effect, we suffer as much at home by this loosening of all ties, and this concussion of all established opinions, as we do abroad; for in order to prove that the Americans have no right to their liberties, we are every day endeavoring to subvert the maxims which preserve the whole spirit of our own. To prove that the Americans ought not to be free, we are obliged to depreciate the value of freedom itself; and we never seem to gain a paltry advantage over them in debate without attacking some of those principles, or deriding some of those feelings, for which our ancestors have shed their blood.
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.
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. If, then, the removal of the causes of this spirit of American liberty be for the greater part, or rather entirely, impracticable; if the ideas of criminal process be inapplicable--or, if applicable, are in the highest degree inexpedient--what way yet remains?
No way is open but to comply with the American spirit as necessary; or, if you please, to submit to it as a necessary evil.
FOOTNOTE:
[30] Delivered in the House of Commons, March 22, 1775.
III. ENGLISH PRIVILEGES IN AMERICA
Reflect, sirs, that when you have fixed a quota of taxation for every colony, you have not provided for prompt and punctual payment. You must make new Boston Port Bills, new restraining laws, new acts for dragging men to England for trial. You must send out new fleets, new armies. All is to begin again. From this day forward the empire is never to know an hour"s tranquillity. An intestine fire will be kept alive in the bowels of the colonies, which one time or other must consume this whole empire.
Instead of a standing revenue, you will therefore have a perpetual quarrel. Indeed, the n.o.ble lord who proposed this project seems himself to be of that opinion. His project was rather designed for breaking the union of the colonies than for establishing a revenue. But whatever his views may be, as I propose the peace and union of the colonies as the very foundation of my plan, it cannot accord with one whose foundation is perpetual discord.
Compare the two. This I offer to give you is plain and simple; the other full of perplexed and intricate mazes. This is mild; that harsh. This is found by experience effectual for its purposes; the other is a new project. This is universal; the other calculated for certain colonies only. This is immediate in its conciliatory operation; the other remote, contingent, full of hazard. Mine is what becomes the dignity of a ruling people--gratuitous, unconditional, and not held out as a matter of bargain and sale. I have done my duty in proposing it to you. I have indeed tired you by a long discourse; but this is the misfortune of those to whose influence nothing will be conceded, and who must win every inch of their ground by argument. You have heard me with goodness.
May you decide with wisdom! For my part, I feel my mind greatly disburdened by what I have done to-day. I have been the less fearful of trying your patience, because, on this subject, I mean to spare it altogether in future. I have this comfort, that in every stage of the American affairs I have steadily opposed the measures that have produced the confusion, and may bring on the destruction, of this empire. I now go so far as to risk a proposal of my own. If I cannot give peace to my country, I give it to my conscience.
My hold of the colonies is in the close affection which grows from common names, from kindred blood, from similar privileges, and equal protection. These are ties which, though light as air, are as strong as links of iron. Let the colonists always keep the idea of their civil rights a.s.sociated with your government,--they will cling and grapple to you, and no force under heaven will be of power to tear them from their allegiance. But let it be once understood that your government may be one thing, and their privileges another, that these two things may exist without any mutual relation, the cement is gone--the cohesion is loosened--and everything hastens to decay and dissolution. As long as you have the wisdom to keep the sovereign authority of this country as the sanctuary of liberty, the sacred temple consecrated to our common faith, wherever the chosen race and sons of England worship freedom, they will turn their faces towards you. The more they multiply, the more friends you will have; the more ardently they love liberty, the more perfect will be their obedience. Until you become lost to all feeling of your true interest and your natural dignity, freedom they can have from none but you.
This is the commodity of price of which you have the monopoly. This is the true Act of Navigation which binds to you the commerce of the colonies, and through them secures to you the wealth of the world. Deny them this partic.i.p.ation of freedom, and you break that sole bond which originally made, and must still preserve, the unity of the empire. Do not entertain so weak an imagination as that your registers and your bonds, your affidavits and your sufferances, are what form the great securities of your commerce. Do not dream that your letters of office, and your instructions, are the things that hold together the great contexture of the mysterious whole. These things do not make your government. Dead instruments, pa.s.sive tools as they are, it is the spirit of the English communion that gives all their life and efficacy to them. It is the spirit of the English Const.i.tution which, infused through the mighty ma.s.s, pervades, feeds, unites, invigorates, vivifies every part of the empire, even down to the minutest member. Is it not the same virtue which does everything for us here in England? It is the love of the people; it is the attachment to their government, from the sense of the deep stake they have in such a glorious inst.i.tution, which gives you your army and your navy, and infuses into both that liberal obedience without which your army would be a base rabble, and your navy nothing but rotten timber.