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been taken towards the apprehension or conviction of any individual offender, either on our late or our former Address; but modes of public coercion have been adopted, and such as have much more resemblance to a sort of qualified hostility towards an independent power than the punishment of rebellious subjects. All this seems rather inconsistent; but it shows how difficult it is to apply these juridical ideas to our present case.

In this situation, let us seriously and coolly ponder. What is it we have got by all our menaces, which have been many and ferocious? What advantage have we derived from the penal laws we have rightly passed, and which, for the time, have been severe and numerous? What advances have we made towards our object, by the sending of a force which, by land and sea, is no contemptible strength? Has the disorder abated? Nothing less. When I see things in this situation, after such confident hopes, bold promises, and active exertions, I cannot for my life avoid a suspicion that the plan itself is not correctly right.

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 the third and last to comply with the American spirit as necessary; or, if you please, to submit to it as a necessary evil.

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If we adopt this mode; if we mean to conciliate and concede; let us see of what nature the concession ought to be: to ascertain the nature of our concession we must look at their complaint. The Colonies complain that they have not the characteristic mark and seal of British freedom. They complain that they are taxed in a Parliament in which they are not represented. If you mean to satisfy them at all, you must satisfy them with regard to this complaint. If you mean to please any people, you must give them the boon which they ask; not what you may think better for them, but of a kind totally different. Such an act may be a wise regulation, but it is no concession; whereas our present theme is the mode of giving satisfaction.

Sir, I think you must perceive that I am resolved this day to have nothing at all to do with the question of the right of taxation. Some gentlemen startle but it is true; I put it totally out of the question. It is less than nothing in my consideration. I do not indeed wonder, nor will you, Sir, that gentlemen of profound learning are fond of displaying it on this profound subject. But my consideration is narrow, confined, and wholly limited to the policy of the question. I do not examine whether the giving away a man's money be a power excepted and reserved out of the general trust of government; and how far all mankind, in all forms of polity, are entitled to an exercise of that right by the charter of Nature. Or whether, on the contrary, a right of taxation is necessarily involved in the general principle of legislation, and inseparable from the ordinary supreme power. These are deep questions, where great names militate against each other; where reason is perplexed; and an appeal to authorities only thickens the confusion. For high and reverend authorities lift up their heads on both sides; and there is no sure footing in the middle. This point "is the great Serbonian bog, Betwixt Damiata and Mount Casius old, Where armies whole have sunk.” 17 I do not intend to be overwhelmed in that bog, though in such respectable company. The question with me is, not whether you have a right to render your people miserable, but whether it is not your interest to make them happy. It is not what a lawyer tells me I may do, but what humanity, reason, and justice tell me I ought to do. Is a politic act the worse for being a generous one? Is no concession proper, but that which is made from your want of right to keep what you grant? Or does it lessen the grace or dignity of relaxing in the exercise of an odious claim, because you have your evidence-room full of titles, and your magazines stuffed with arms to enforce them? What signify all those titles and all those arms? Of what avail are they, when the reason of the thing tells me that the assertion of my title is the loss of my suit; and that I could do nothing but wound myself by the use of my own weapons?

17 Paradise Lost, II. 592.

Such is steadfastly my opinion of the absolute necessity of keeping up the concord of this empire by a unity of spirit, though in a diversity of operations, that, if I were sure the Colonists had, at their leaving this country, sealed a regular compact of servitude; that they had solemnly abjured all the rights of citizens; that they had made a vow to renounce all ideas of liberty for them and their posterity to all generations; yet I should hold myself obliged to conform to the temper I found universally prevalent in my own day, and to govern two million of men, impatient of servitude, on the principles of freedom. I am not determining a point of law; I am restoring tranquillity; and the general character and situation of a people must determine what sort of government is fitted for them. That point nothing else can or ought to determine.

My idea, therefore, without considering whether we yield as matter of right, or grant as matter of favour, is to admit the people of our Colonies into an interest in the Constitution; and, by recording that admission in the Journals of Parliament, to give them as strong an assurance as the nature of the thing will admit, that we mean for ever to adhere to that solemn declaration of systematic indulgence.

Some years ago, the repeal of a Revenue Act, upon its understood principle, might have served to show that we intended an unconditional abatement of the exercise of a taxing power. Such a measure was then sufficient to remove all suspicion, and to give perfect content. But unfortunate events, since that time, may make something further necessary; and not more necessary for the satisfaction of the Colonies, than for the dignity and consistency of our own future proceedings.

XXIII.

EDWARD GIBBON.

(1737-1794.)

MEMOIRS OF MY LIFE AND WRITINGS.

[Written in 1788.]

A TRAVELLER, who visits Oxford or Cambridge, is surprised and edified by the apparent order and tranquillity that prevail in the seats of the English muses. In the most celebrated universities of Holland, Germany, and Italy, the students, who swarm from different countries, are loosely dispersed in private lodgings at the houses of the burghers: they dress according to their fancy and fortune; and in the intemperate quarrels of youth and wine, their swords, though less frequently than of old, are sometimes stained with each other's blood. The use of arms is banished from our English universities; the uniform habit of the academics, the square cap, and black gown, is adapted to the civil and even clerical profession: and from the doctor in divinity to the undergraduate, the degrees of learning and age are externally distinguished. Instead of being scattered in a town, the students of Oxford and Cambridge are united in colleges; their maintenance is provided at their own expense, or that of the founders; and the stated hours of the hall and chapel represent the discipline of a regular, and, as it were, a religious community. The eyes of the traveller are attracted by the size or beauty of the public edifices; and the principal colleges appear to be so many palaces, which a liberal nation has erected and endowed for the habitation of science. My own introduction to the university of Oxford forms

a new æra in my life; and at the distance of forty years I still remember my first emotions of surprise and satisfaction. In my fifteenth year I felt myself suddenly raised from a boy to a man ; the persons whom I respected as my superiors in age and academical rank, entertained me with every mark of attention and civility; and my vanity was flattered by the velvet cap and silk gown, which distinguish a gentleman commoner from a plebeian student. A decent allowance, more money than a schoolboy had ever seen, was at my own disposal; and I might command, among the tradesmen of Oxford, an indefinite and dangerous latitude of credit. A key was delivered into my hands, which gave me the free use of a numerous and learned library; my apartment consisted of three elegant and well-furnished rooms in the new building, a stately pile, of Magdalen College; and the adjacent walks, had they been frequented by Plato's disciples, might have been compared to the Attic shade on the banks of the Ilissus. Such was the fair prospect of my entrance (April 3, 1752) into the university of Oxford.

A venerable prelate, whose taste and erudition must reflect honour on the society in which they were formed, has drawn a very interesting picture of his academical life. - "I was educated (says Bishop Lowth) in the UNIVERSITY OF OXFORD. I enjoyed all the advantages, both public and private, which that famous seat of learning so largely affords. I spent many years in that illustrious society, in a well-regulated course of useful discipline and studies, and in the agreeable and improving commerce1 of gentlemen and of scholars; in a society where emulation without envy, ambition without jealousy, contention without animosity, incited industry, and awakened genius; where a liberal pursuit of knowledge, and a genuine freedom of thought, were raised, encouraged, and pushed forward by example, by commendation, and by authority. I breathed the same atmosphere that the HOOKERS, the CHILLINGWORTHS, and the LOCKES had breathed before; whose benevolence and humanity were as extensive as their vast genius 1 intercourse.

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