THE RIGHT OF TAXATION.

289

orators described as inherent in the parent state, he said: "I do not examine whether the giving away a man's money be a power excepted and reserved out of the general trust of Government; and how far all forms of policy are entitled to an exercise of that right by the charter of nature. Or whether, on the contrary, a right of taxation is necessarily involved in the general principle of legislation, and inseparable from the ordinary supreme power. These are deep questions where great names militate against each other; where reason is perplexed; and an appeal to authorities only thickens the confusion. For high and reverend authorities lift up their heads on both sides, and there is no sure footing in the middle. This point is,

the great Serbonian bog,

"Twixt Damiata and Mount Casius old,

Where armies whole have sunk.'

I do not intend to be overwhelmed in that bog, though in such respectable company. The question with me is not whether you have a right to render your people miserable, but whether it is not your interest to make them happy. It is not what a lawyer tells me I may do, but what humanity, reason, and justice tell me I ought to do. Is a politic act the worse for being a generous one? Is no concession proper but that which is made from your want of right to keep what you grant? Or does it lessen the grace and dignity of relaxing in the exercise of an odious claim, because you have your evidence-room full of titles, and your magazines stuffed with arms to enforce them?

"What signify all these titles and all these arms?

VOL. I.

19

290

THE WAR CONTINUED.

Of what avail are they, when the reason of the thing tells me that the assertion of my title is the loss of my suit; and that I could do nothing but wound myself by the use of my own weapons? Such is steadfastly my opinion of the absolute necessity of keeping up the concord of this empire by a union of spirit, though in a diversity of operations, that if I were sure the colonists had, at their leaving this country, sealed a regular compact of servitude; that they had solemnly abjured all the rights of citizens; that they had made a vow to renounce all ideas of liberty for them and their posterity to all generations, yet I should hold myself obliged to conform to the temper I found universally prevalent in my own day, and to govern two millions of men impatient of servitude on the principles of freedom. I am not determining a point of law; I am restoring tranquillity, and the general character and situation of a people must determine what sort of government is fitted for them."

In spite of Burke's eloquence, Lord North's government persevered in its attempt to crush the rebellion of the Colonists, until France and Spain leagued with America to bring England to her knees. The mothercountry encountered the coalition with undaunted courage, and the lustre of her arms was retrieved by General Elliott's heroic defence of Gibraltar (1779-1782). Her disasters in the West, accordingly were almost balanced by her triumphs in the East, where the bold and unhesitating genius of Warren Hastings was laying the foundation of our Indian Empire. "Almost balanced," we say, for the scale was weighed against

AMERICAN INDEPENDENCE RECOGNIZED.

291

us by the surrender of Lord Cornwallis's army at York Town to the American forces under Washington (1781). This was followed by the capture of several of our WestIndian possessions by the French. Only the naval victories of Rodney saved England from a humiliating peace. But, bleeding at every pore, and exexhausted, if not dispirited, she was compelled, in November, 1782, to sign the Treaties of Paris and Versailles, by which the Independence of America was formally recognized.*

Meanwhile, Burke's parliamentary activity had known no cessation. In February, 1780, he had increased his influence, and added to his popularity by a speech in

* " Burke must often have thought deeply of the destinies of the kindred nation with whose independence his own efforts will ever be so indissolubly associated. But all his reflections upon the future of America, notwithstanding his conviction that her independence was the necessary price of the maintenance of free government in England, must have been tinged with bitterness. Great as America might become, and as he honestly wished her to become, her greatness would bring no renown or laud to the mother-country, or its incomparable Constitution. Though above the narrow vices incident to patriotism in weaker and less loftily moral souls, it could not have been more grievous to him to look back upon the circumstances under which England and her sons parted company, than it was mortifying to look forward to a glory for America, which, if statesmen had been prescient and nations just, might have been added to the abundant glories of England. Burke, we may be sure, had none of that speculative fortitude which enabled Adam Smith to anticipate with composure the possible removal of the seat of empire to that part of the empire which in a century (from 1776) would probably contribute most to the general defence. He was intellectually capable of foreseeing much which he was not morally capable of allowing himself fully to realise, and certainly not of constraining himself to dwell upon."-JOHN MORLEY, 'Edmund Burke: a Historical Study,' pp. 162, 163.

292

RESIGNATION OF LORD NORTH.

support of economy and retrenchment, which seems to us inspired throughout with the truest political sagacity. He declared his object to be "the reduction of that corrupt influence, which is itself the perennial spring of all prodigality and all disorder; which loads us more than millions of debt; which takes away vigour from our arms, wisdom from our councils, and every shadow of authority and credit from the most venerable parts of our constitution."-Parl. Hist. xxxi. 2. His liberal advocacy of toleration for Roman Catholics, and of measures for removing the jealous restrictions imposed upon Irish commerce, weakened his hold upon the free electors of Bristol, and after the dissolution of 1780 he returned to his former love, the borough of Malton, which he continued to represent during the rest of his political

career.

In 1782, the Marquis of Rockingham was called upon, for the second time, to form an administration, on the resignation of Lord North (March the 20th.) When the temper of the House of Commons and the country convinced the King that this step could be no longer delayed, he endeavoured, through Thurlow, the Lord Chancellor, to make terms with the leader of the Opposition, and to preserve, if possible, that uncontrolled power which had brought the Empire to the brink of destruction. But Rockingham replied that there must be a change of measures as well as of men; and that the measures of which he should require the King's acceptance, would be those he and his friends had advocated in Opposition. The King was to assent to the recognition of American Independence. He was to understand

THE ROCKINGHAM ADMINISTRATION.

293

that Peace and Retrenchment were the main principles of Rockingham's policy; and, therefore, the following bills would be taken up by the whole strength of his Cabinet,-one for excluding contractors from the House of Commons, one for disqualifying revenue officers from voting at elections, and one, a great scheme of economy put forward by Burke.* The King, after some wild talk about abdication, sent for the Earl of Shelburne, the leader of the Chatham Whigs, and afterwards for Earl Gower, the leader of the Bedford section, but finding each to be resolute in his adhesion to the union of the party, was forced to accept Rockingham on his own terms. Charles James Fox became leader of the Commons, with the seals of Foreign Secretary of State. Dunning, created Lord Ashburton, was made Chancellor of the Duchy of Lancaster. The Chancellorship of the Exchequer was given to Lord John Cavendish. Shelburne took the seals of the Secretaryship of State for Home, Irish, and Colonial Affairs. Burke, obtained the Paymastership of the Forces, but without being admitted to the Cabinet.

It cannot be denied that Burke had grave faults. He was impetuous, apt to allow a prejudice to obtain the mastery of him, rash in his conclusions, and governed too easily by an excitable imagination. These

He presented it to the legislature in February, 1780, as a "Plan for the Better Security of the Independence of Parliament, and the Economical reformation of the Civil and other Establishments." The former objects would be promoted by abolishing the sinecure places and pensions in the gift of the Minister. Among the reforms which he contemplated were the trenchant reduction of the royal household, and the cheaper administration of the Crown estates.