There is some point in beginning with Burke’s treatment of the existing
Catholic question, an issue which drew forth one of his earliest
political compositions and continued to engage his attention throughout
his life. As early as 1765 he had become concerned with the extraordinary
legal disabilities imposed upon Catholics in Ireland, and about this time
he undertook a treatise entitled _Tract on the Popery Laws_. Despite the
fact that in this treatise Burke professes belief in natural law, going
so far as to assert that all human laws are but declaratory, the type
of argument he uses chiefly is the secular argument from circumstance.
After a review of the laws and penalties, he introduces his “capital
consideration.”
The first and most capital consideration with regard to this,
as to every object, is the extent of it. And here it is
necessary to premise: this system of penalty and incapacity
has for its object no small sect or obscure party, but a very
numerous body of men—a body which comprehends at least two
thirds of the whole nation: it amounts to 2,800,000 souls,
a number sufficient for the materials constituent of a great
people.[27]
He then gave his reason for placing the circumstance first.
This consideration of the magnitude of the object ought to
attend us through the whole inquiry: if it does not always
affect the reason, it is always decisive on the importance of
the question. It not only makes itself a more leading point,
but complicates itself with every other part of the matter,
giving every error, minute in itself, a character and a
significance from its application. It is therefore not to be
wondered at, if we perpetually recur to it in the course of
this essay.[28]
The _Tract_ was planned in such a way as to continue this thought, while
accompanying it with discussion of the impediment to national prosperity,
and of “the impolicy of those laws, as they affect the national
security.” This early effort established the tenor of his thinking on the
subject.
While representing Bristol in Parliament, Burke alienated a part of
his constituency by supporting Sir George Savile’s measure to ease
the restraints upon Catholics. In the famous _Speech to the Electors
of Bristol_ he devoted a large portion of his time to a justification
of that course, and here, it is true, he made principal use of the
argument from genus (“justice”) and from consequence. The argument from
circumstance is not forgotten, but is tucked away at the end to persuade
the “bigoted enemies to liberty.” There, using again his criterion of the
“magnitude of the object,” he said:
Public-domain text, read in full here on John Shaqi.
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