Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
I pay as much respect as any man to the memory of Lord Chief Justice
Hale; but I did not know that he had ever written upon the subject;
and I differ very much from thinking with the noble Lord, that this
manuscript ought to be published. So far am I from it, that I wish the
manuscript had never been named; for Ireland is too tender a subject to
be touched. The case of Ireland is as different as possible from that
of our colonies. Ireland was a conquered country; it had its _pacta
conventa_ and its _regalia_. But to what purpose is it to mention the
manuscript? It is but the opinion of one man. When it was written, or
for what particular object it was written, does not appear. It might
possibly be only a work of youth, or an exercise of the understanding,
in sounding and trying a question problematically. All people, when
they first enter professions, make their collections pretty early in
life; and the manuscript may be of that sort. However, be it what it
may, the opinion is but problematical; for the act to which the writer
refers never passed, and Lord Hale only said, that if it had passed,
the Parliament might have abdicated their right.
But, my Lords, I shall make this application of it. You may abdicate
your right over the colonies. Take care, my Lords, how you do so, for
such an act will be irrevocable. Proceed, then, my Lords, with spirit
and firmness; and, when you shall have established your authority,
it will then be a time to show your lenity. The Americans, as I said
before, are a very good people, and I wish them exceedingly well;
but they are heated and inflamed. The noble Lord who spoke before
ended with a prayer. I cannot end better than by saying to it Amen;
and in the words of Maurice, Prince of Orange, concerning the
Hollanders: “_God bless this industrious, frugal, and well-meaning, but
easily-deluded people._”
The Stamp Act was repealed, and the Declaratory Act, thus advocated
by Lord Mansfield, was also passed by a large majority.
The positions taken by Lord Mansfield were answered in a variety of
ways by the colonists. What may be called the American Case, was
carefully stated in a “Declaration of Rights and Grievances,” passed
by the New York Congress, October 19, 1765. The substance of the
American claims may be summarized in the following propositions:
1. They owed their existence not to Parliament, but to the Crown.
The King, in the exercise of the high sovereignty then conceded to
him, had made them by charter _complete civil communities_, with
legislatures of their own having power to lay taxes and do all
other acts which were necessary to their subsistence as distinct
governments. Hence,
Public-domain text, read in full here on John Shaqi.
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