The reader sees, that I do not enter so fully into this matter as obviously I might. I have already been led into greater lengths than I intended. It is enough to say, that before the ministers of 1765 had determined to propose the repeal of the Stamp Act in Parliament, they had the whole of the American constitution and commerce very fully before them. They considered maturely; they decided with wisdom: let me add, with firmness. For they resolved, as a preliminary to that repeal, to assert in the fullest and least equivocal terms the unlimited legislative right of this country over its colonies; and, having done this, to propose the repeal, on principles, not of constitutional right, but on those of expediency, of equity, of lenity, and of the true interests present and future of that great object for which alone the colonies were founded, navigation and commerce. This plan I say, required an uncommon degree of firmness, when we consider that some of those persons who might be of the greatest use in promoting the repeal, violently withstood the declaratory act; and they who agreed with administration in the principles of that law, equally made, as well the reasons on which the declaratory act itself stood, as those on which it was opposed, grounds for an opposition to the repeal.
If the then ministry resolved first to declare the right, it was not from any opinion they entertained of
its future use in regular taxation. Their opinions were full and declared against the ordinary use of such a power. But it was plain, that the general reasonings which were employed against that power went directly to our whole legislative right; and one part of it could not be yielded to such arguments, without a virtual surrender of all the rest. Besides, if that very specific power of levying money in the colonies were not retained as a sacred trust in the hands of Great Britain (to be used, not in the first instance for supply, but in the last exigence for control), it is obvious, that the presiding authority of Great Britain, as the head, the arbiter, and director of the whole empire, would vanish into an empty name, without operation or energy. With the habitual exercise of such a power in the ordinary course of supply, no trace of freedom could remain to America.[91] If Great Britain were stripped of this right, every principle of unity and subordination in the empire was gone forever. Whether all this can be reconciled in legal speculation, is a matter of no consequence. It is reconciled in policy: and politics ought to be adjusted, not to human reasonings, but to human nature; of which the reason is but a part, and by no means the greatest part.
Founding the repeal on this basis, it was judged
proper to lay before Parliament the whole detail of the American affairs, as fully as it had been laid before the ministry themselves. Ignorance of those affairs had misled Parliament. Knowledge alone could bring it into the right road. Every paper of office was laid upon the table of the two Houses; every denomination of men, either of America, or connected with it by office, by residence, by commerce, by interest, even by injury; men of civil and military capacity, officers of the revenue, merchants, manufacturers of every species, and from every town in England, attended at the bar. Such evidence never was laid before Parliament. If an emulation arose among the ministers and members of Parliament, as the author rightly observes,[92] for the repeal of this act, as well as for the other regulations, it was not on the confident assertions, the airy speculations, or the vain promises of ministers, that it arose. It was the sense of Parliament on the evidence before them. No one so much as suspects that ministerial allurements or terrors had any share in it.
Our author is very much displeased, that so much credit was given to the testimony of merchants. He has a habit of railing at them: and he may, if he pleases, indulge himself in it. It will not do great mischief to that respectable set of men. The substance of their testimony was, that their debts in America were very great: that the Americans declined to pay them, or to renew their orders, whilst this act continued: that, under these circumstances, they despaired of the recovery of their debts, or the renewal of their trade in that country: that they apprehended a general failure of mercantile credit.
The manufacturers deposed to the same general purpose, with this addition, that many of them had discharged several of their artificers; and, if the law and the resistance to it should continue, must dismiss them all.
This testimony is treated with great contempt by our author. It must be, I suppose, because it was contradicted by the plain nature of things. Suppose then that the merchants had, to gratify this author, given a contrary evidence; and had deposed, that while America remained in a state of resistance, whilst four million of debt remained unpaid, whilst the course of justice was suspended for want of stamped paper, so that no debt could be recovered, whilst there was a total stop to trade, because every ship was subject to seizure for want of stamped clearances, and while the colonies were to be declared in rebellion, and subdued by armed force, that in these circumstances they would still continue to trade cheerfully and fearlessly as before: would not such witnesses provoke universal indignation for their folly or their wickedness, and be deservedly hooted from the bar:[93] would any human faith have given credit to
such assertions? The testimony of the merchants was necessary for the detail, and to bring the matter home to the feeling of the House; as to the general reasons, they spoke abundantly for themselves.
Upon these principles was the act repealed, and it produced all the good effect which was expected from it: quiet was restored; trade generally returned to its ancient channels; time and means were furnished for the better strengthening of government there, as well as for recovering, by judicious measures, the affections of the people, had that ministry continued, or had a ministry succeeded with dispositions to improve that opportunity.