Burke's Speech on Conciliation with AmericaBurke, Edmund
History
Burke's Speech on Conciliation with America
Burke, Edmund
Great Britain -- Colonies -- America -- Early works to 1800; United States -- Politics and government -- 1775-1783
Ideas of prudence and accommodation to circumstances prevent you from
taking away the charters of Connecticut and Rhode Island, as you have
taken away that of Massachusetts Bay, though the Crown has far less
power in the two former provinces than it enjoyed in the latter, and
though the abuses have been full as great, and as flagrant, in
the exempted as in the punished. The same reasons of prudence
and accommodation have weight with me in restoring the charter of
Massachusetts Bay. Besides, Sir, the Act which changes the charter of
Massachusetts is in many particulars so exceptionable that if I did not
wish absolutely to repeal, I would by all means desire to alter it,
as several of its provisions tend to the subversion of all public and
private justice. Such, among others, is the power in the Governor to
change the sheriff at his pleasure, and to make a new returning officer
for every special cause. It is shameful to behold such a regulation
standing among English laws.
The Act for bringing persons accused of committing murder, under the
orders of Government to England for trial, is but temporary. That Act
has calculated the probable duration of our quarrel with the Colonies,
and is accommodated to that supposed duration. I would hasten the happy
moment of reconciliation, and therefore must, on my principle, get rid
of that most justly obnoxious Act.
The Act of Henry the Eighth, for the Trial of Treasons, I do not mean
to take away, but to confine it to its proper bounds and original
intention; to make it expressly for trial of treasons--and the greatest
treasons may be committed--in places where the jurisdiction of the Crown
does not extend.
Having guarded the privileges of local legislature, I would next secure
to the Colonies a fair and unbiassed judicature, for which purpose, Sir,
I propose the following Resolution:
"That, from the time when the General Assembly or General Court of any
Colony or Plantation in North America shall have appointed by Act of
Assembly, duly confirmed, a settled salary to the offices of the Chief
Justice and other Judges of the Superior Court, it may be proper that
the said Chief Justice and other Judges of the Superior Courts of such
Colony shall hold his and their office and offices during their good
behavior, and shall not be removed therefrom but when the said removal
shall be adjudged by his Majesty in Council, upon a hearing on complaint
from the General Assembly, or on a complaint from the Governor, or
Council, or the House of Representatives severally, or of the Colony in
which the said Chief Justice and other Judges have exercised the said
offices."
The next Resolution relates to the Courts of Admiralty. It is this.
Public-domain text, read in full here on John Shaqi.
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