52 22. repealed. See 36 4, note. Compare, "About two years after this act [of 1767] passed, the ministry, I mean the present ministry, thought it expedient to repeal five of the duties and to leave . . . only the sixth standing." Speech on American Taxation, W., II, 10.

52 23. regulating duties. A reference to what is called the Molasses Act, passed in 1733. For the provisions and the remonstrance, see 40 31, note. "The title of this act of George the Second . . . considers it merely as a regulation of trade: An act for the better securing the trade of his Majesty's sugar colonies in America." Speech on American Taxation, W., II, 31.

52 28. duties of 1767. See 36 4, note; 52 22, note.

52 30. Lord Hillsborough. Born, 1718; secretary of state for the colonies, 1768–1772; died, 1793. Though in general opposed to concessions to America, yet on May 13, 1769, he sent to the colonies a public circular letter from which Burke quotes the following passage in the Speech on American Taxation, W., II, 20: "I can take upon me to assure you, notwithstanding insinuations to the contrary from men with factious and seditious views, that his Majesty's present administration have at no time entertained a design to propose to Parliament to lay any further taxes upon America for the purpose of raising a revenue; and that it is at present their intention to propose the next session of Parliament to take off the duties upon glass, paper, and colors, upon consideration of such duties having been laid contrary to the true principles of commerce.” 52 34. resolution of the noble lord.

53 8. representation in Parliament.

83

See 7 13, note; 8 30, note.
See 28 19, note; 49 6.

53 15. freemen. Those who have full rights of citizenship. freeholders. Those who possess absolutely or for life a piece of property. 53 24. passed the public offices. Approved by the proper authorities. In regard to the possible royal veto, see 36 22, note.

53 25.

"He

Those who have been pleased. An allusion to Grenville. was of opinion, which he has declared in this House an hundred times, that the colonies could not legally grant any revenue to the crown, and that infinite mischiefs would be the result of such a power." Speech on American Taxation, W., II, 43.

53 30. some of the law servants. On February 10, 1766, during a debate in the Lords on the disturbances in America, Lord Chief Justice Mansfield argued that no money could be raised without the consent of Parliament; for the agreement of any number of people to raise money for the king would be unconstitutional. By the Declaration of Right, pronouncing it illegal to levy money except by act of Parliament, all levies, said Mansfield, by "loan, gift, or benevolence are void. P. H., XVI, 174.

53 31. if the crown could be responsible. Whatever the English sovereign does officially is done by the advice of his ministers, who are held responsible.

54 3. king.

council. A body of specially selected and sworn advisers of the

54 4. first lords of trade. A reference to a committee of the privy council having supervision of commerce and industry. See Introduction, xv. attorney-general. One of the chief legal advisers of the crown. solicitor-general. An officer associated with the attorney-general in the legal business of the crown.

66

54 17. great expenses. On January 28, 1766, Dr. Franklin testified to the House: The colonies raised, paid, and clothed near 25,000 men during the last war [the French and Indian], a number equal to those sent from Britain, and far beyond their proportion. They went deeply into debt in doing this, and all their taxes and estates are mortgaged for many years to come for discharging that debt.

The sums reimbursed to them were by no means adequate to the expense they incurred beyond their proportion." P. H., XVI, 153.

54 18. so high. So far back.

54 19.

1695. During the long struggle between the French and the English colonists.

54 20. 1710. The year of the successful expedition against Acadia, in which a number of New England troops took part.

54 24. 1748. The year of the peace of Aix-la-Chapelle, the end of what is known as King George's War. England then restored to France Cape Breton, which had been colonized by the French but captured by the English. 55 1. 1756. The time of the French and Indian War. 55 17-21. Vol. XXVII. The passages referred to are similar in phrasing to those quoted above.

56 4. miserable stories. In Franklin's testimony the following sentence Occurs: "America has been greatly misrepresented and abused here in papers and pamphlets and speeches, as ungrateful and unreasonable and unjust, in having put this nation to immense expense for their defence and refusing to bear any part of that expense." P. H., XVI, 152, 153. 56 5. misguided people. The English.

56 9. paid no taxes. An argument which appeared in nearly every debate on America. See, for example, the speech of the Duke of Grafton, February 10, 1766, when the repeal of the Stamp Act was proposed. P. H., XVI, 165.

56 11. Mr. Grenville. George Grenville: born, 1712; prime minister, 1763-1765; died, 1770.

56 25. requisition. Note the distinction which Burke makes between money asked for and taxes imposed. See 54 12.

58 2. An act for granting.

58 4.

drawback. Rebate. Duties collected upon the goods mentioned

were partly or wholly repaid if the goods were again exported.

clandestine running. Smuggling.

58 8.

58 11.

An act to discontinue. See 36 4, note.

58 17.

An act for the impartial administration.

See 36 4, note.

58 23.

58 27.

An act for the better regulating. See 27 18, note.
An act for the trial. See 35 24, note.

58 30. during the king's pleasure. According to a clause of the bill, the decision as to reopening the port was to rest with the crown. P. H., XVII, 1165. 58 33. was not heard. On March 14, 1774, during the debate on the bill, Mr. Dowdeswell asked if the House would not hear what Boston had to say in defence; if the House would condemn without evidence in the absence of the parties. P. H., XVII, 1168. other towns. On March 25, Mr. Dowdeswell inquired: "What is the reason that you single out Boston for your particular resentment? Have there been no other towns in America which have disobeyed your orders? Has not Philadelphia, New York, and several other provinces sent back their tea?" Ibid., 1180. 58 35. Restraining Bill. See 3 8, note.

59 9.

less power. In all the colonies, except Maryland, Connecticut, and Rhode Island, the crown had power of veto. See Lecky, III, 324. 59 11. as great and as flagrant. "A similar language was everywhere held; or if there was any difference in the language, the measures that were adopted were everywhere directed to the same object." A. R., 1775, 13. See 26 25, note. The argument used against Boston was that it had been the ringleader in the disturbances. "Boston has been the ringleader in all riots," said Lord North, when on March 14, 1774, he introduced the Boston Port Bill. P. H., XVII, 1165.

59 21. returning officer. The officer who summoned the jury. This duty was now put into the hands of the sheriff, who was appointed by the The object, of course, was to obtain juries favorable to the governSee 27 18, note.

crown.

ment.

59 25. temporary. The act was to continue in force three years after June 1, 1774.

60 10. during good behavior.

Bancroft thus relates an incident of the

autumn of 1761: "On the death of the chief justice of New York, his successor . . . was appointed at the king's pleasure, and not during

...

good behavior, as had been done before. . . . The assembly held the new tenure of judicial power to be inconsistent with American liberty. But in November the board of trade reported to the king against the tenure of good behavior as 'a pernicious proposition,' 'subversive of all true policy,' ' and tending to lessen the just dependence of the colonies upon. the mother country.' The representation found favor with the king; and as the first fruits of the new system, on the ninth of December, 1761, the. instruction went forth through Egremont to all colonial governors to grant no judicial commissions but during pleasure. . . The assembly of New York rose up against the encroachment, deeming it a deliberate step toward despotic authority; the standing instruction, they resolved, should be changed, or they would grant no salary whatever to the judges." II, 551, 552. (Cook.) Hardy, governor of New Jersey, having violated his instructions by issuing a commission to the judges during good behavior, was promptly dismissed." Ibid., 557.

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60 18. courts of admiralty. “The jurisdiction of the courts of admiralty, which tried smuggling cases without a jury, was strengthened and enlarged, and all the officers of ships of war stationed on the coasts of America were made to take the custom house oaths and act as revenue

officers." Lecky, III, 336. "The custom house and revenue officers, unlike other officials in America, were not paid by the local legislatures. They were appointed directly by the crown or by the governors." Ibid., 328.

60 22. more decent maintenance. Since the judges were paid by fines imposed on goods that were condemned, there was a temptation to make large seizures. See Bancroft, II, 553. The original edition of the speech contains the following note: "The solicitor-general informed Mr. B. when the resolutions were separately moved, that the grievance of the judges partaking of the profits of the seizure had been redressed by office; accordingly the resolution was amended." See 77 8.

60 32. Congress complain. In an address to the people of Great Britain issued by the Congress at Philadelphia, October 21, 1774, occurs this passage: "It was ordained that whenever offences should be committed in the colonies against particular acts imposing various duties and restrictions upon trade, the prosecutor might bring his action for the penalties in the courts of admiralty; by which means the subject lost the advantage of being tried by an honest, uninfluenced jury of the vicinage, and was subjected to the sad necessity of being judged by a single man, a creature of the crown, and according to the course of law which exempts the prosecutor from the trouble of proving his accusation, and obliges the defendant either to evince his innocence or to suffer. To give this new

judicatory the greater importance, and as if with design to protect false accusers, it is further provided that the judge's certificate of their having been probable causes of seizure and prosecution shall protect the prosecutor from actions at common law for recovery of damages." Journals of Congress, I, 28.

61 13. prove too much. When the Stamp Act was repealed in 1766, thirty-four of the lords signed a protest, urging that if America pleaded lack of representation as a reason for disobeying the Stamp Act, the same reasoning extended "to all other laws of what nature soever, which that Parliament has enacted, or shall enact, to bind them in times to come, and must (if admitted) set them absolutely free from any obedience to the power of the British legislature." P. H., XVI, 185.

61 25. advocate for the sovereignty of Parliament. During a speech of January 14, 1766, Mr. Grenville had said: “ That this kingdom has the sovereign, the supreme legislative power over America, is granted. It cannot be denied; and taxation is a part of that sovereign power. It is one branch of the legislation. It is, it has been exercised, over those who are not, who were never represented. It is exercised over the India Company, the merchants of London, the proprietors of the stocks, and over many great manufacturing towns. It was exercised over the palatinate of Chester and the bishopric of Durham, before they sent any representatives to Parliament. I appeal for proof to the preambles of the acts which gave them representatives: the one in the reign of Henry the Eighth, the other in that of Charles the Second." Mr. Grenville then quoted the acts and desired that they might be read. P. H., XVI, 101.

61 28. Lord Chatham. The leading champion of America in Parliament. Born, 1708; though not nominally the prime minister, he was in fact head of the government, 1757-1761; died, 1778.

61 29. in favor of his opinions. Part of the speech of Lord Chatham, then Mr. Pitt, - in reply to Mr. Grenville was as follows: "I come not here armed at all points with law cases and acts of Parliament, with the statute book doubled down in dog's-ears, to defend the cause of liberty; if I had, I myself would have cited the two cases of Chester and Durham. I would have cited them to have shown that even under any arbitrary reigns Parliaments were ashamed of taxing people without their consent, and allowed them representatives. Why did the gentleman confine himself to Chester and Durham? He might have taken a higher example in Wales, Wales that never was taxed by Parliament till it was incorporated." P. H., XVI, 104.

62 5.

de jure. Legally. de facto. In fact.

62 27. compromise and barter. Burke is fond of applying this princi