We also reason and feel as you do on the invasion of your charters. Because the charters comprehend the essential forms by which you enjoy your liberties, we regard them as most sacred, and by no means to be taken away or altered without process, without examination, and without hearing, as they have lately been. We even think that they ought by no means to be altered at all, but at the desire of the greater part of the people who live under them. We cannot look upon men as delinquents in the mass; much less are we desirous of lording over our brethren, insulting their honest pride, and wantonly overturning establishments judged to be just and convenient by the public wisdom of this nation at their institution, and which long and inveterate use has taught you to look up to with affection and reverence. As we disapproved of the proceedings with regard to the forms of your constitution, so we are equally tender of every leading principle of free government. We never could think with approbation of putting the military power out of the coercion of the civil justice in the country where it acts.
We disclaim also any sort of share in that other measure which has been used to alienate your affections from this country,—namely, the introduction of foreign mercenaries. We saw their employment with shame and regret, especially in numbers so far exceeding the English forces as in effect to constitute vassals, who have no sense of freedom, and strangers, who have no common interest or feelings, as the arbiters of our unhappy domestic quarrel.
We likewise saw with shame the African slaves, who had been sold to you on public faith, and under the sanction of acts of Parliament, to be your servants and your guards, employed to cut the throats of their masters.
You will not, we trust, believe, that, born in a civilized country, formed to gentle manners, trained in a merciful religion, and living in enlightened and polished times, where even foreign hostility is softened from its original sternness, we could have thought of letting loose upon you, our late beloved brethren, these fierce tribes of savages and cannibals, in whom the traces of human nature are effaced by ignorance and barbarity. We rather wished to have joined with you in bringing gradually that unhappy part of mankind into civility, order, piety, and virtuous discipline, than to have confirmed their evil habits and increased their natural ferocity by fleshing them in the slaughter of you, whom our wiser and better ancestors had sent into the wilderness with the express view of introducing, along with our holy religion, its humane and charitable manners. We do not hold that all things are lawful in war. We should think that every barbarity, in fire, in wasting, in murders, in tortures, and other cruelties, too horrible and too full of turpitude for Christian mouths to utter or ears to hear, if done at our instigation, by those who we know will make war thus, if they make it at all, to be, to all intents and purposes, as if done by ourselves. We clear ourselves to you our brethren, to the present age, and to future generations, to our king and our country, and to Europe, which, as a spectator, beholds this tragic scene, of every part or share in adding this last and worst of evils to the inevitable mischiefs of a civil war.
We do not call you rebels and traitors. We do not call for the vengeance of the crown against you. We do not know how to qualify millions of our countrymen, contending with one heart for an admission to privileges which we have ever thought our own happiness and honor, by odious and unworthy names. On the contrary, we highly revere the principles on which you act, though we lament some of their effects. Armed as you are, we embrace you as our friends and as our brethren by the best and dearest ties of relation.
We view the establishment of the English colonies on principles of liberty as that which is to render this kingdom venerable to future ages. In comparison of this, we regard all the victories and conquests of our warlike ancestors, or of our own times, as barbarous, vulgar distinctions, in which many nations, whom we look upon with little respect or value, have equalled, if not far exceeded us. This is the peculiar and appropriated glory of England. Those who have and who hold to that foundation of common liberty, whether on this or on your side of the ocean, we consider as the true, and the only true, Englishmen. Those who depart from it, whether there or here, are attainted, corrupted in blood, and wholly fallen from their original rank and value. They are the real rebels to the fair constitution and just supremacy of England.
We exhort you, therefore, to cleave forever to those principles, as being the true bond of union in this empire,—and to show by a manly perseverance that the sentiments of honor and the rights of mankind are not held by the uncertain events of war, as you have hitherto shown a glorious and affecting example to the world that they are not dependent on the ordinary conveniences and satisfactions of life.
Knowing no other arguments to be used to men of liberal minds, it is upon these very principles, and these alone, we hope and trust that no flattering and no alarming circumstances shall permit you to listen to the seductions of those who would alienate you from your dependence on the crown and Parliament of this kingdom. That very liberty which you so justly prize above all things originated here; and it may be very doubtful, whether, without being constantly fed from the original fountain, it can be at all perpetuated or preserved in its native purity and perfection. Untried forms of government may, to unstable minds, recommend themselves even by their novelty. But you will do well to remember that England has been great and happy under the present limited monarchy (subsisting in more or less vigor and purity) for several hundred years. None but England can communicate to you the benefits of such a constitution. We apprehend you are not now, nor for ages are likely to be, capable of that form of constitution in an independent state. Besides, let us suggest to you our apprehensions that your present union (in which we rejoice, and which we wish long to subsist) cannot always subsist without the authority and weight of this great and long respected body, to equipoise, and to preserve you amongst yourselves in a just and fair equality. It may not even be impossible that a long course of war with the administration of this country may be but a prelude to a series of wars and contentions among yourselves, to end at length (as such scenes have too often ended) in a species of humiliating repose, which nothing but the preceding calamities would reconcile to the dispirited few who survived them. We allow that even this evil is worth the risk to men of honor, when rational liberty is at stake, as in the present case we confess and lament that it is. But if ever a real security by Parliament is given against the terror or the abuse of unlimited power, and after such security given you should persevere in resistance, we leave you to consider whether the risk is not incurred without an object, or incurred for an object infinitely diminished by such concessions in its importance and value.
As to other points of discussion, when these grand fundamentals of your grants and charters are once settled and ratified by clear Parliamentary authority, as the ground for peace and forgiveness on our side, and for a manly and liberal obedience on yours, treaty and a spirit of reconciliation will easily and securely adjust whatever may remain. Of this we give you our word, that, so far as we are at present concerned, and if by any event we should become more concerned hereafter, you may rest assured, upon the pledges of honor not forfeited, faith not violated, and uniformity of character and profession not yet broken, we at least, on these grounds, will never fail you.
Respecting your wisdom, and valuing your safety, we do not call upon you to trust your existence to your enemies. We do not advise you to an unconditional submission. With satisfaction we assure you that almost all in both Houses (however unhappily they have been deluded, so as not to give any immediate effect to their opinion) disclaim that idea. You can have no friends in whom you cannot rationally confide. But Parliament is your friend from the moment in which, removing its confidence from those who have constantly deceived its good intentions, it adopts the sentiments of those who have made sacrifices, (inferior, indeed, to yours,) but have, however, sacrificed enough to demonstrate the sincerity of their regard and value for your liberty and prosperity.
Arguments may be used to weaken your confidence in that public security; because, from some unpleasant appearances, there is a suspicion that Parliament itself is somewhat fallen from its independent spirit. How far this supposition may be founded in fact we are unwilling to determine. But we are well assured from experience, that, even if all were true that is contended for, and in the extent, too, in which it is argued, yet, as long as the solid and well-disposed forms of this Constitution remain, there ever is within Parliament itself a power of renovating its principles, and effecting a self-reformation, which no other plan of government has ever contained. This Constitution has therefore admitted innumerable improvements, either for the correction of the original scheme, or for removing corruptions, or for bringing its principles better to suit those changes which have successively happened in the circumstances of the nation or in the manners of the people.
We feel that the growth of the colonies is such a change of circumstances, and that our present dispute is an exigency as pressing as any which ever demanded a revision of our government. Public troubles have often called upon this country to look into its Constitution. It has ever been bettered by such a revision. If our happy and luxuriant increase of dominion, and our diffused population, have outgrown the limits of a Constitution made for a contracted object, we ought to bless God, who has furnished us with this noble occasion for displaying our skill and beneficence in enlarging the scale of rational happiness, and of making the politic generosity of this kingdom as extensive as its fortune. If we set about this great work, on both sides, with the same conciliatory turn of mind, we may now, as in former times, owe even to our mutual mistakes, contentions, and animosities, the lasting concord, freedom, happiness, and glory of this empire.
Gentlemen, the distance between us, with other obstructions, has caused much misrepresentation of our mutual sentiments. We, therefore, to obviate them as well as we are able, take this method of assuring you of our thorough detestation of the whole war, and particularly the mercenary and savage war carried on or attempted against you,—our thorough abhorrence of all addresses adverse to you, whether public or private,—our assurances of an invariable affection towards you,—our constant regard to your privileges and liberties,—and our opinion of the solid security you ought to enjoy for them, under the paternal care and nurture of a protecting Parliament.
Though many of us have earnestly wished that the authority of that august and venerable body, so necessary in many respects to the union of the whole, should be rather limited by its own equity and discretion, than by any bounds described by positive laws and public compacts,—and though we felt the extreme difficulty, by any theoretical limitations, of qualifying that authority, so as to preserve one part and deny another,—and though you (as we gratefully acknowledge) had acquiesced most cheerfully under that prudent reserve of the Constitution, at that happy moment when neither you nor we apprehended a further return of the exercise of invidious powers, we are now as fully persuaded as you can be, by the malice, inconstancy, and perverse inquietude of many men, and by the incessant endeavors of an arbitrary faction, now too powerful, that our common necessities do require a full explanation and ratified security for your liberties and our quiet.
Although his Majesty's condescension, in committing the direction of his affairs into the hands of the known friends of his family and of the liberties of all his people, would, we admit, be a great means of giving repose to your minds, as it must give infinite facility to reconciliation, yet we assure you that we think, with such a security as we recommend, adopted from necessity and not choice, even by the unhappy authors and instruments of the public misfortunes, that the terms of reconciliation, if once accepted by Parliament, would not be broken. We also pledge ourselves to you, that we should give, even to those unhappy persons, an hearty support in effectuating the peace of the empire, and every opposition in an attempt to cast it again into disorder.
When that happy hour shall arrive, let us in all affection, recommend to you the wisdom of continuing, as in former times, or even in a more ample measure, the support of your government, and even to give to your administration some degree of reciprocal interest in your freedom. We earnestly wish you not to furnish your enemies, here or elsewhere, with any sort of pretexts for reviving quarrels by too reserved and severe or penurious an exercise of those sacred rights which no pretended abuse in the exercise ought to impair, nor, by overstraining the principles of freedom, to make them less compatible with those haughty sentiments in others which the very same principles may be apt to breed in minds not tempered with the utmost equity and justice.
The well-wishers of the liberty and union of this empire salute you, and recommend you most heartily to the Divine protection.
A
LETTER
TO
THE RIGHT HON. EDMUND S. PERY
SPEAKER OF THE IRISH HOUSE OF COMMONS,
IN RELATION TO
A BILL FOR THE RELIEF OF THE ROMAN CATHOLICS OF IRELAND.
JULY 18, 1778
NOTE
This Letter is addressed to Mr. Pery, (afterwards Lord Pery,) then Speaker of the House of Commons of Ireland. It appears, there had been much correspondence between that gentleman and Mr. Burke, on the subject of Heads of a bill (which had passed the Irish House of Commons in the summer of the year 1778, and had been transmitted by the Irish Privy Council of [to?] England) for the relief of his Majesty's Roman Catholic subjects in Ireland. The bill contained a clause for exempting the Protestant Dissenters of Ireland from the sacramental test, which created a strong objection to the whole measure on the part of the English government. Mr. Burke employed his most strenuous efforts to remove the prejudice which the king's ministers entertained against the clause, but the bill was ultimately returned without it, and in that shape passed the Irish Parliament. (17th and 18th Geo. III cap. 49.) In the subsequent session, however, a separate act was passed for the relief of the Protestant Dissenters of Ireland.
LETTER
My Dear Sir,—I received in due course your two very interesting and judicious letters, which gave me many new lights, and excited me to fresh activity in the important subject they related to. However, from that time I have not been perfectly free from doubt and uneasiness. I used a liberty with those letters, which, perhaps, nothing can thoroughly justify, and which certainly nothing but the delicacy of the crisis, the clearness of my intentions, and your great good-nature can at all excuse. I might conceal this from you; but I think it better to lay the whole matter before you, and submit myself to your mercy,—assuring you, at the same time, that, if you are so kind as to continue your confidence on this, or to renew it upon any other occasion, I shall never be tempted again to make so bold and unauthorized an use of the trust you place in me. I will state to you the history of the business since my last, and then you will see how far I am excusable by the circumstances.
On the 3rd of July I received a letter from the Attorney-General, dated the day before, in which, in a very open and obliging manner, he desires my thoughts of the Irish Toleration Bill, and particularly of the Dissenters' clause. I gave them to him, by the return of the post, at large; but, as the time pressed, I kept no copy of the letter. The general drift was strongly to recommend the whole, and principally to obviate the objections to the part that related to the Dissenters, with regard both to the general propriety and to the temporary policy at this juncture. I took, likewise, a good deal of pains to state the difference which had always subsisted with regard to the treatment of the Protestant Dissenters in Ireland and in England, and what I conceived the reason of that difference to be. About the same time I was called to town for a day; and I took an opportunity, in Westminster Hall, of urging the same points, with all the force I was master of, to the Solicitor-General. I attempted to see the Chancellor for the same purpose, but was not fortunate enough to meet him at home. Soon after my return hither, on Tuesday, I received a very polite and I may say friendly letter from him, wishing me (on supposition that I had continued in town) to dine with him as [on?] that day, in order to talk over the business of the Toleration Act, then before him. Unluckily I had company with me, and was not able to leave them until Thursday, when I went to town and called at his house, but missed him. However, in answer to his letter, I had before, and instantly on the receipt of it, written to him at large, and urged such topics, both with regard to the Catholics and Dissenters, as I imagined were the most likely to be prevalent with him. This letter I followed to town on Thursday. On my arrival I was much alarmed with a report that the ministry had thoughts of rejecting the whole bill. Mr. M'Namara seemed apprehensive that it was a determined measure; and there seemed to be but too much reason for his fears.
Not having met the Chancellor at home, either on my first visit or my second after receiving his letter, and fearful that the Cabinet should come to come unpleasant resolution, I went to the Treasury on Friday. There I saw Sir G. Cooper. I possessed him of the danger of a partial, and the inevitable mischief of the total rejection of the bill. I reminded him of the understood compact between parties, upon which the whole scheme of the toleration originating in the English bill was formed,—of the fair part which the Whigs had acted in a business which, though first started by them, was supposed equally acceptable to all sides, and the risk of which they took upon themselves, when others declined it. To this I added such matter as I thought most fit to engage government, as government,—not to sport with a singular opportunity which offered for the union of every description of men amongst us in support of the common interest of the whole; and I ended by desiring to see Lord North upon the subject. Sir Grey Cooper showed a very right sense of the matter, and in a few minutes after our conversation I went down from the Treasury chambers to Lord North's house. I had a great deal of discourse with him. He told me that his ideas of toleration were large, but that, large as they were, they did not comprehend a promiscuous establishment, even in matters merely civil; that he thought the established religion ought to be the religion of the state; that, in this idea, he was not for the repeal of the sacramental test; that, indeed, he knew the Dissenters in general did not greatly scruple it; but that very want of scruple showed less zeal against the Establishment; and, after all, there could no provision be made by human laws against those who made light of the tests which were formed to discriminate opinions. On all this he spoke with a good deal of temper. He did not, indeed, seem to think the test itself, which was rightly considered by Dissenters as in a manner dispensed with by an annual act of Parliament, and which in Ireland was of a late origin, and of much less extent than here, a matter of much moment. The thing which seemed to affect him most was the offence that would be taken at the repeal by the leaders among the Church clergy here, on one hand, and, on the other, the steps which would be taken for its repeal in England in the next session, in consequence of the repeal in Ireland. I assured him, with great truth, that we had no idea among the Whigs of moving the repeal of the test. I confessed very freely, for my own part, that, if it were brought in, I should certainly vote for it; but that I should neither use, nor did I think applicable, any arguments drawn from the analogy of what was done in other parts of the British dominions. We did not argue from analogy, even in this island and United Kingdom. Presbytery was established in Scotland. It became no reason either for its religious or civil establishment here. In New England the Independent Congregational Churches had an established legal maintenance; whilst that country continued part of the British empire, no argument in favor of Independency was adduced from the practice of New England. Government itself lately thought fit to establish the Roman Catholic religion in Canada; but they would not suffer an argument of analogy to be used for its establishment anywhere else. These things were governed, as all things of that nature are governed, not by general maxims, but their own local and peculiar circumstances. Finding, however, that, though he was very cool and patient, I made no great way in the business of the Dissenters, I turned myself to try whether, falling in with his maxims, some modification might not be found, the hint of which I received from your letter relative to the Irish Militia Bill, and the point I labored was so to alter the clause as to repeal the test quoad military and revenue offices: for these being only subservient parts in the economy and execution, rather than the administration of affairs, the politic, civil, and judicial parts would still continue in the hands of the conformists to religious establishments. Without giving any hopes, he, however, said that this distinction deserved to be considered. After this, I strongly pressed the mischief of rejecting the whole bill: that a notion went abroad, that government was not at this moment very well pleased with the Dissenters, as not very well affected to the monarchy; that, in general, I conceived this to be a mistake,—but if it were not, the rejection of a bill in favor of others, because something in favor of them was inserted, instead of humbling and mortifying, would infinitely exalt them: for, if the legislature had no means of favoring those whom they meant to favor, as long as the Dissenters could find means to get themselves included, this would make them, instead of their only being subject to restraint themselves, the arbitrators of the fate of others, and that not so much by their own strength (which could not be prevented in its operation) as by the coöperation of those whom they opposed. In the conclusion, I recommended, that, if they wished well to the measure which was the main object of the bill, they must explicitly make it their own, and stake themselves upon it; that hitherto all their difficulties had arisen from their indecision and their wrong measures; and to make Lord North sensible of the necessity of giving a firm support to some part of the bill, and to add weighty authority to my reasons, I read him your letter of the 10th of July. It seemed, in some measure, to answer the purpose which I intended. I pressed the necessity of the management of the affair, both as to conduct and as to gaining of men; and I renewed my former advice, that the Lord Lieutenant should be instructed to consult and cooperate with you in the whole affair. All this was, apparently, very fairly taken.
In the evening of that day I saw the Lord Chancellor. With him, too, I had much discourse. You know that he is intelligent, sagacious, systematic, and determined. At first he seemed of opinion that the relief contained in the bill was so inadequate to the mass of oppression it was intended to remove, that it would be better to let it stand over, until a more perfect and better digested plan could be settled. This seemed to possess him very strongly. In order to combat this notion, and to show that the bill, all things considered, was a very great acquisition, and that it was rather a preliminary than an obstruction to relief, I ventured to show him your letter. It had its effect. He declared himself roundly against giving anything to a confederacy, real or apparent, to distress government; that, if anything was done for Catholics or Dissenters, it should be done on its own separate merits, and not by way of bargain and compromise; that they should be each of them obliged to government, not each to the other; that this would be a perpetual nursery of faction. In a word, he seemed so determined on not uniting these plans, that all I could say, and I said everything I could think of, was to no purpose. But when I insisted on the disgrace to government which must arise from their rejecting a proposition recommended by themselves, because their opposers had made a mixture, separable too by themselves, I was better heard. On the whole, I found him well disposed.
As soon as I had returned to the country, this affair lay so much on my mind, and the absolute necessity of government's making a serious business of it, agreeably to the seriousness they professed, and the object required, that I wrote to Sir G. Cooper, to remind him of the principles upon which we went in our conversation, and to press the plan which was suggested for carrying them into execution. He wrote to me on the 20th, and assured me, "that Lord North had given all due attention and respect to what you said to him on Friday, and will pay the same respect to the sentiments conveyed in your letter: everything you say or write on the subject undoubtedly demands it." Whether this was mere civility, or showed anything effectual in their intentions, time and the success of this measure will show. It is wholly with them; and if it should fail, you are a witness that nothing on our part has been wanting to free so large a part of our fellow-subjects and fellow-citizens from slavery, and to free government from the weakness and danger of ruling them by force. As to my own particular part, the desire of doing this has betrayed me into a step which I cannot perfectly reconcile to myself. You are to judge how far, on the circumstances, it may be excused. I think it had a good effect. You may be assured that I made this communication in a manner effectually to exclude so false and groundless an idea as that I confer with you, any more than I confer with them, on any party principle whatsoever,—or that in this affair we look further than the measure which is in profession, and I am sure ought to be in reason, theirs.
I am ever, with the sincerest affection and esteem,
My dear Sir,
Your most faithful and obedient humble servant,
EDMUND BURKE.
BEACONSFIELD, 18th July, 1778.
I intended to have written sooner, but it has not been in my power.
To the Speaker of the House of Commons of Ireland.
TWO LETTERS
TO
THOMAS BURGH, ESQ.,
AND
JOHN MERLOTT, ESQ.,
IN VINDICATION OF HIS PARLIAMENTARY CONDUCT RELATIVE TO THE AFFAIRS OF IRELAND.
1780
LETTER
TO THOMAS BURGH, ESQ.[14 - Mr. Thomas Burgh, of Old Town, was a member of the House of Commons in Ireland.—It appears from a letter written by this gentleman to Mr. Burke, December 24, 1779, and to which the following is an answer, that the part Mr. Burke had taken in the discussion which the affairs of Ireland had undergone in the preceding sessions of Parliament in England had been grossly misrepresented and much censured in Ireland.]
My Dear Sir,—I do not know in what manner I am to thank you properly for the very friendly solicitude you have been so good as to express for my reputation. The concern you have done me the honor to take in my affairs will be an ample indemnity from all that I may suffer from the rapid judgments of those who choose to form their opinions of men, not from the life, but from their portraits in a newspaper. I confess to you that my frame of mind is so constructed, I have in me so little of the constitution of a great man, that I am more gratified with a very moderate share of approbation from those few who know me than I should be with the most clamorous applause from those multitudes who love to admire at a due distance.