glass, and painter's colours, because those duties, so imposed, are anti-commercial, and obstruct the vent of these articles-if he reasons fairly, I will lead him, by the same arguments, to the repeal of the duties on tea-which I will shew to be in a state much more anti-commercial than those duties which are proposed to be repealed. If I do not shew this, I will concede to the motion brought forward by the noble lord; but if I do, I will then expect, from his candour, that he will accede to the amendment which I have proposed. : The spirit of commercial policy must ever tend to the creating and enlarging the vent of every article of commerce, which by your trade, as well as by your manufactures, you make an article of your own trade-but such is the bargain which government hath entered into with the East India Company, that it is no longer the wish of that great corporate merchant to make this very considerable article of commerce an article of supply for your colonies for as there is a drawback of 25 per cent. upon every pound of tea that is exported from this island; and as they are bound by their engagement to make good every deficiency that may be occasioned by this drawback; it ceases to be their interest to export these teas-nay, it becomes their wish, that if the 3d. per pound duty, which you have laid in America, does not yet operate to prevent the exportation from hence to that country, that you may lay on five times as much; or any duty that may prevent it. If the Dutch do not yet, from Holland directly, or through their islands in the West Indies, supply the colonies entirely with this article, it becomes the interest of this British corporate merchant, circumstanced as matters stand by this agreement, to wish that the Dutch may do it entirely, There are those in this House, who hear me speak, know that this is the case; and if this case is not infinitely more anticommercial, than any trifling duty laid upon your own manufactures, ideas and things have lost all connection with one another, and there can be no reasoning about it. I have heard it said that this 3d. per pound duty on tea, collected in America, does, while a drawback of 25 per cent. is allowed here, operate as a bounty of 9d. per pound in favour of the Americans. In the first place; the drawback upon those teas, exported to America, of 25 [VOL. XVI.] per cent. does not amount, as this argument supposes, to one shilling per pound; it amounts only to 74d. or thereabout; so that did it operate as a bounty at all, it would amount only to 44d. But this is not material to the point; for it does not operate as a bounty at all; because whatever duty the East India Company pays originally at the Custom-house, on the importing teas from Asia, that sum is added to the price of their tea in their sales: so that although the exporter to America may be allowed a drawback, yet he draws back that sum only which he hath already paid in the price of his purchase; by which means, as this article of supply now stands, there is an advantage in favour of the Dutch teas imported into the colonies, against the British teas, of 25 per cent. difference: this then, surely, as I said before, is in a more anti-commercial state, than those duties which have been proposed by the noble lord to be repealed. But why should I combat these reasons they are the artificial, the ostensible reasons only. The true reason of making this distinction is-that by thus continuing the duty on tea, you preserve the preamble of the Act, you still keep the yoke about the neck of the Americans; although you avow that you do not mean, you have not indeed any hopes, that you shall be ever able to make them draw with it. As the keeping this preamble, in order to the maintaining your claim, and this paltry duty, in order to the exercise of your right of taxing the Americans, is a real reason; I will speak plain out: it is not so much the value and burthen of the taxes raised by these impositions, as the preamble itself which gives the offence, which raises the alarm in America. This preamble holds forth false pretences I hope I am not going to use an unwarrantable expression; it is an expression of legal' use. This preamble, Sir, in giving the grounds and purport of the Act, purports to raise money from the subject under false pretences; it suggests, that the support of government is not provided for by the people of the colonies, and proposes to raise a more adequate revenue for that purpose. Now, Sir, the fact is, that the support of government is every where provided, and in many of his Majesty's provinces has been done (literally conformable to his Majesty's royal instruction) by a permanent revenue for that purpose. But what has been the effect of this? The assemblies, in their making this provision, have [3 K] not been (except in the island of Jamaica; for which wise caution the people were obliged to the father of a worthy and right hon. magistrate) sufficiently suspicious and cautious in fixing the appropriation of that revenue; and it has been most injuriously, I had almost said illegally, perverted from the purpose for which it was granted; and perverted by grants from the crown of annuities, and of pensions for two or three lives, and for terms of years. This has been, and is the case of the 44 per cent. duty, granted for these purposes by the several assemblies in the islands, wherein the people have imposed these duties on themselves a duty which raises a revenue more than adequate to all these purposes; yet having unjustly perverted these grants, you call for a grant by the Act of the 7th Geo. 3, in order to raise a more adequate revenue. after all, does not raise enough to support the establishment of the collection; much less an adequate support to the civil government, the administration of justice, and the protection of his Majesty's dominions :-and after the taking off the duties from paper, glass, and painters' colours, will not raise (if it raises any thing) above 7,000l. per annum. Yet under pretences of keeping up the claim and exercise of this theory of a right, which you never can force into existence, are all these false assertions, unjust claims, and false pretences continued to be held forth in the purport of this preamble, and to the disgust of your best customers, and to the continuing the suspension of your trade with them. But it has been asked, and great part of the reasoning hath gone upon the hypothesis of this question, if a repeal of all these duties, contained in the Act of the 7th of Geo. 3, was to take place, would the Americans be satisfied? Would this quiet their minds? So far as the commercial measure recommended would prove a commercial remedy, so far would it operate; it would operate to the full extent in removing the grievance complained of by the British merchant; which is the subject of your present consideration: it would take off and remove that alarming suspersion, by which your trade is at present obstructed; it would open again the intercommunion of your commerce with your colonies; which is the end sought from your wisdom, by the prayer of this British Petition. That it may not be thought, that in saying the 4 per cent. duty was meant, and so understood, as granted and raised for the use and purpose of the governments who gave it-I will shew you that I speak the language and opinion of the House-I beg leave to read a vote of the House of Commons, on March 14, 1701-2. "Colonel Grenville reported from the committee, That they had directed him to move the House, that an humble Address may be made to her majesty, that the duty or impost of 4 per cent., arising in Barbadoes and the Leeward Islands, (subject to an annuity payable to the heirs and assigns of the earl of Kinnoull) be applied to the repairing and erecting such fortifications, and other public uses, for the safety of the said islands, as her majesty shall direct; and that an annual account, how the said duties shall have been expended, may be laid before the House of Commons." Which Address was ordered accordingly; yet these duties have never been thus accounted for; but, on the contrary, perverted to the private uses of pen-cans, as to the political doubts and fears sions. The like may be said of the quit-rents; which, although they be the King's rents of his demesnes, are yet rents paid for the protection of the state. If it be asked, whether it will remove those apprehensions and fears, which your resolutions of last year, and your address and advice of sending for the subjects in America, on the supposition of treasons, in order to be tried here, have spread throughout the colonies? I answer, No. If it be asked, if this commercial concession would quiet the minds of the Ameri which have struck them to the heart throughout the continent? I answer, No. They at this hour know not whether the Petition of Right, whether the Act for abolishing the Star Chamber, whether the And after more than 40,000l. per ann. Habeas Corpus Act, whether the Bill of raised from the people, have been pervert-Rights, whether the common law, as now ed from the real uses for which they are paid, this Act comes and calls for, and purports to raise a more adequate revenue for the same purposes-imposes duties for the raising it on those who have in the most ample manner provided such already; and, existing in England, extend to, and have (reasoning as you do) their operation and effect in America. Nay, more-as the military establishment now stands and operates, they know not whether their civil constitutions are not, so far forth as this is paramount and supreme, abated, and superseded. any consequences, or corollary, to the repeal of any other. the laying duties for the purpose therein specified, will alone take off this suspension, and cement again our union, by the best and surest principle. The getting It hath also been argued in the reason- But having so strongly urged what a ing of the noble lord, that if taking up the partial repeal will not do, it behoves me, consideration of the anti-commercial state in the end, to show what a total repeal of this Act, we do not form the distinction will do, what effect it will have. Whobetween duties laid upon British manufac- ever views with discernment the relation tures, and duties laid on other goods and and connection between Great Britain and articles of trade indifferently; and if we her colonies, will see, that the merchants do not draw this line of distinction through in America, and in England, are the links this Act, there can be no bounds to the de- of the chain that bind both countries tomands of the Americans, no bounds to our gether; they are deeply concerned in preconcessions: our regret must be indefi- serving the union and connection. Such nite. I am unwilling to repeat what I a one will see, that whatever opinion we have said before, but I must so far beg the may superficially entertain of the operation patience of the House, as to mark, that and effect of our sovereign government, this Act, purporting to impose duties for commerce, and inter-communion of our the purpose of raising a revenue, for the mutual wants and supplies, is the real support of the civil government of the se- power and spirit of attraction, which keeps veral provinces, independent of the assem- us united. The operation of this has been, blies of those provinces, marks a most es- and is at present suspended. The repeal sential distinction in the peculiar griev-of the whole of this Act, which relates to ance, by which (in the opinion of the Americans) it endangers their rights and political liberty. They know that we here in Britain think, that parliament keeping in its own hands the support of govern-back to this inter-communion will give us ment, and the disposal of the supplies ne- grounds of agreement, and may, upon cessary to the execution and administra- those grounds, lead again to that happy tion of it, retains the best pledge and se- spirit of government, under which the curity for the freedom of the people and people knew no bounds to their confithe liberty of the state. They know how dence, no scruples in their obedience, jealous and tenacious we are of this right, and under which government led the this power and they, as British subjects, people almost by enchantment. Having entitled to all the rights and franchises of therefore, Sir, these opinions, on the British constitution, reason, that this hand, of the inefficacy of a partial repeal, power, this right of keeping the like check as moved by the noble lord; and having, over the civil governors and civil magis- on the other hand, so thorough a persuasion strate in their own similar constitution, is of the good effects of a repeal, which exequally an essential of their security, tends to all the duties, and every other equally their right. They know that they They know that they matter in this Act respecting them, as nehave enjoyed this right, and have exer- cessarily extending also to the repeal of cised this power, from their first establish- the preamble, I beg leave to propose an ment, to the day of the date of this Act. amendment to the motion, by extending And considering this Act as moving old the repeal to all the duties; and thereboundaries, they see no other boundaries fore beg leave to move, that after the for the security of their liberties. In thus words "Great Britain," and before the removing these old boundaries, in taking word "imported," be inserted the words away the security to which they trusted, " and upon teas." this Act differs from all others which have ever passed in parliament. They consider it in its tendency, as a suspension of the principal, and of one of the most essential uses of an assembly. Here, then, is the distinction: and therefore until the whole of this Act, so far as it operates to this grievous and alarming effect, is repealed, they never will, they never can be easy. Upon this principle then, I say, that the total repeal of this Act does not lead, by Mr. George Grenville : one Sir; whenever the affairs of America are agitated in this House, I am, in some measure, called upon to speak, because the principal confusions of that country are supposed to originate with me. I can, however, safely aver, that if the Stamp Act was injudicious in the mode, it was at least salutary in the inten tion, and meant for the common good both of the mother country and the colonies. In laying this tax, Sir, I imagined that every part of the British empire was bound to furnish its portion for the general prosperity, and I could not see any violation committed upon American freedom, by an immediate tax upon the property of the colonists, when they cheerfully submitted to our laws which regulated the acquisition of that property. Besides this, to use the chief argument of the Americans, and to admit that the happiness of this country is inseparably connected with the welfare of the colonies, I considered that they had the best of all securities for our never exercising the right of taxation improperly, the security of our own interest; this was to be relied on, even if our justice was to be questioned, and though we might be wanting in equity to them, it could not be expected that we should be deficient in consideration for ourselves. have always considered it the birth-right of every Englishman, to have a voice in framing every law by which he himself is to be taxed, and I cannot consider a fellow-subject in America less entitled to this inestimable privilege, than a fellow-subject in England. In reality, Sir, if we had found the Americans slaves, reason and humanity called loudly upon us for their instant emancipation. Our constitution knows nothing of oppression, it abhors tyranny, it is founded upon the noblest principles of benevolence, and is calculated to guard the universal independency of the people. This being the case, I considered the Stamp Act, I consider the present tax, as an illegal burden placed upon the shoulders of the Americans. They are not even virtually represented amongst us, and when we suspected their loyalty without cause, they doubted of our affection, of our equity, with reason. I am therefore for the entire repeal. I cannot think it derogates from our honour to do what is evidently right, nor can I think the Americans have forfeited their claim to justice, because they have spiritedly exerted themselves to obtain it from the mother country. Sir William Meredith: 1 The administration succeeding that in which I had the honour to be employed, proceeded also upon a system, though totally the opposite of mine, and thought that by complying with the wishes of the Americans they would advance both the peace and prosperity of the two countries: they therefore restored matters to the state in which they stood before the existence of the Stamp Act, but at the same time preserved the dignity of this House, by a law positively declaring our right to tax America. Since that administration government has acted wholly without plan, without system with regard to the colonies: one set of ministers has instituted a tax diametrically repugnant to the principles of commerce, and yet of no consequence to the kingdom, for it does not bring in 16,000l. a year: this has thrown America into a greater ferment than ever, and as the ministers now are proceeding without system, I cannot on the one hand suppose that a partial repeal of the present tax will reduce the colonies to temper, nor on the other by forcing go-tire repeal, Sir, because a partial one, invernment into a total repeal, can I suppose we have sufficiently provided for the dignity of the nation. I shall not therefore give my voice upon the present question. General Conway: Sir; I shall trouble you with very few words upon this debate, for I think it a question that cannot admit of much altercation in a dispassionate assembly. I Sir; it amazes me not a little to find administration so perversely, so inflexibly persisting in error on every occasion; it is surprising, to use an expression of Dryden's" That they never deviate into sense,' nor stumble upon propriety by downright accident. The only reason, Sir, why they refuse the total repeal of the present tax is, to preserve the preamble, because it maintains the right of taxing the Americans. But surely as there is a positive law declaratory of the right, and there is even another tax at this moment in force, exercising the right, there can be no just reason for not indulging the Americans with the motion as amended before the chair. I am the more earnest for an en stead of producing any benefit to the mother country, will be a real grievance; a certain expence to ourselves, as well as a source of perpetual discontent to the colonies; for by removing the duties upon painters' colours, paper and glass, while we continue the trifling tax upon teas, we keep up the whole establishment of the custom-houses in America with their long, their hydra-headed train of dependents, and yet cut off the very channels through which their voracious appetites are to be -glutted. In fact, the tea duty will by no means answer the charge of collecting it, and the deficiencies must naturally be made up from the coffers of this kingdom; so that this wise measure of a partial repeal is to plunder ourselves, while it is to oppress our fellow-subjects, and all for the mere purpose of preserving a preamble which is utterly unnecessary. For shame, Sir, let us dismiss this pitiful preamble tax, and let us make the repeal total, unless our ministers would convince us that a provision for their custom-house instruments beyond the Atlantic, is the only motive for this shameless profusion of the public treasure. Colonel Barré : Sir; I am for the whole repeal of the law which now engages the attention of the House, and this for a reason which has not yet been mentioned, as well as for several which have been forcibly urged in favour of the Americans. Sir, this House plighted its faith to the East India Company, to remove the duty of 25 per cent. from teas, in order that the Company might be enabled to sell their teas upon terms equally low with the Dutch, whose moderation in price constantly obtained a preference at every market. We indeed took off the 25 per cent. accordingly, but what we did with one hand, we undid with the other; we laid a fresh duty on the commodity, and laid this duty moreover in such a manner that it must act as an abso lute prohibition to the sale of their teas through the extensive continent of English America, where they were in general estimation. To prove this assertion, Sir, suffer me to inform the House that in the year 1768 the teas sent to America amounted to no less than 132,000l. whereas in 1769 they amounted to no more than 44,000l. and probably this year they will not exceed a quarter of that sum, as the proceedings of this country are hourly be coming more and more repugnant to the minds of the colonies, and as agreements have been lately entered into for the absolute disuse of the article: in justice, therefore, to the East India Company, who have so considerable a stake in the national welfare, and pay so liberally to the support of government, we ought to discharge our promise with the most punctual fidelity: the discontinuance of the 25 per cent. on their teas is not a discharge of our promise: our promise is not dis charged unless we enable them to sell upon terms as reasonable as the Dutch, and unless we liberate their trade in this commodity instead of loading it with new embarrassments. With regard to the propriety of repealing the law before us from principles of justice to the colonies, and utility to the mother country, I shall say nothing, as this has been fully proved by gentlemen of much greater abilities in the course of the present debate. I will only add, that as a speedy rupture between England and its old enemies is far from improbable, administration would wisely in reconciling our domestic divisions, and regaining the confidence of America, before an event of that nature happens to render their situation additionally perplexing : national concerns should now engross their attention in the room of private resentments, and they should seriously advert to the interests of a great empire, instead of pursuing the blessed example of Domitian and hourly torturing flies. Lord Barrington and Mr. Welbore Ellis. opposed the Amendment, and also the original motion: they were not for taking off the tax at all; as they saw no probability that this would quiet North America; they therefore were for putting this Act in execution absolutely, and by all the powers of this nation united. The Amendment being put, the House divided: the Yeas went forth. Tellers. YEAS NOES Mr. Nicholson Calvert Mr Coxe Lord Frederick Campbell So it passed in the negative. } 142 204 Debates in the Commons on the Remonstrance of the City of London to the King.*] March 15. Sir Thomas Clavering rose and said: Sir; I have waited all this morning with particular anxiety, in hope that something, either by message or motion, would have been submitted to our consideration, relative to the extraordinary Remonstrance of yesterday, in which the independance of this House is not only arraigned, but its authority peremptorily denied, and the sovereign arrogantly informed, that we are not the representatives of the people. As nothing however * London Magazine.-London Museum. |