the colonies to be sovereign and supreme, in every circumstance of government and legislation whatsoever. They are the subjects of this kingdom, equally entitled with yourselves to all the natural rights of mankind and the peculiar privileges of Englishmen; equally bound by its laws, and equally participating in the constitution of this free country. The Americans are the sons, not the bastards, of England! Taxation is no part of the governing or legislative power. The taxes are a voluntary gift and grant of the Commons alone. In legislation the three estates of the realm are alike concerned; but the concurrence of the peers and the Crown to tax is only necessary to clothe it with the form of a law. The gift and grant is of the Commons alone.

In the ancient days, the Crown, the barons, and the clergy possessed the lands. In those days, the barons and the clergy gave and granted to the Crown. They gave and granted what was their own! At present, since the discovery of America, and other circumstances permitting, the Commons are become the proprietors of the la..d. The church (God bless it!) has but a pittance. The property of the lords, compared with that of the Commons, is a drop of water in the ocean; and this House represents those Commons, the proprietors of the lands; and those proprietors virtually represent the rest of the inhabitants. When, therefore, in this House we give and grant, we give and grant what is our own. But in an American tax, what do we do? "We, your majesty's Commons for Great Britain, give and grant to your majesty "what? Our own property! No! "We give and grant to your majesty " the property of your majesty's Commons of America! It is an absurdity in

terms.

The distinction between legislation and taxation 1 IS essentially necessary to liberty. The crown and the peers

are equally legislative powers with the Commons. If taxation be a part of simple legislation, the Crown and the peers have rights in taxation as well as yourselves; rights which they will claim, which they will exercise, whenever the principle can be supported by power.

There is an idea in some that the colonies are virtually represented in the House. I would fain know by whom an American is represented here. Is he represented by any knight of the shire, in any county in this kingdom? Would to God that respectable representation was augmented to a greater number! Or will you tell him that he is represented by any representative of a borough?-a borough which, perhaps, its own representative never saw! This is what is called the rotten part of the constitution. It can not continue a century. If it does not drop, it must be amputated. The idea of a virtual representation of America in this House is the most contemptible idea that ever entered the head of a man. It does not deserve a serious refutation.

The Commons of America represented in their several assemblies have ever been in possession of the exercise of this, their constitutional right, of giving and granting their own money. They would have been slaves if they had not enjoyed it! At the same time, this kingdom, as the supreme governing and legislative power, has always bound the colonies by her laws, by her regulations, and restrictions in trade, in navigation, in manufactures, in every thing except that of taking their money out of their pockets without their consent.

Since the accession of King William, many ministers, some of great, others of more moderate abilities, have taken the lead of government. None of these thought,

or even dreamed, of robbing the colonies of their constitutional rights. That was reserved to mark the era of the late administration. Not that there were wanting some,

when I had the honor to serve his majesty, to propose to me to burn my fingers with an American stamp act. With the enemy at their back, with our bayonets at their breast, in the day of their distress, perhaps the Americans would have submitted to the imposition; but it would have been taking an ungenerous, an unjust advantage. The gentleman boasts of his bounties to America! Are not these bounties intended finally for the benefit of this kingdom? If not, he has misapplied the national treasures!

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I am no courtier of America. I stand up for this kingdom. I maintain that the Parliament has a right to bind, to restrain America. Our legislative power over the colonies is sovereign and supreme. When it ceases to be sovereign and supreme, I would advise every gentleman to sell his lands, if he can, and embark for that country. When two countries are connected together like England and her colonies, without being incorporated, the one must necessarily govern. The greater must rule the less. But she must so rule it as not to contradict the fundamental principles that are common to both.

A great deal has been said without doors of the power, the strength of America. It is a topic that ought to be cautiously meddled with. In a good cause, on a sound bottom, the force of this country can crush America to atoms. I know the valor of your troops. I know the skill of your officers. There is not a company of foot that has served in America out of which you may not pick a man of sufficient knowledge and experience to make a governor of a colony there. But on this ground, on the Stamp Act, which so many here will think a crying injustice, I am one who will lift up my hands against it.

In such a cause your success would be hazardous. America, if she fell, would fall like the strong man; she would embrace the pillars of the state and pull down the

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Constitution with her. Is this your boasted peace-not to sheathe the sword in the scabbard, but to sheathe it in the bowels of your countrymen? Will you quarrel with yourselves, now the whole house of Bourbon is united against you; while France disturbs your fisheries in Newfoundland, embarrasses your slave trade to Africa, and withholds from your subjects in Canada their property stipulated by treaty; while the ransom for the Manilas is denied by Spain, and its gallant conqueror basely traduced into a mean plunderer—a gentleman whose noble and generous spirit would do honor to the proudest grandee of the country?

The Americans have not acted in all things with prudence and temper; they have been wronged; they have been driven to madness by injustice. Will you punish them for the madness you have occasioned? Rather let prudence and temper come first from this side. I will undertake for America that she will follow the example.

Upon the whole, I will beg leave to tell the House what is my opinion. It is, that the Stamp Act be repealed absolutely, totally, and immediately. That the reason for the repeal be assigned-viz., because it was founded on an erroneous principle. At the same time, let the sovereign authority of this country over the colonies be asserted in as strong terms as can be devised, and be made to extend to every point of legislation whatsoever; that we may bind their trade, confine their manufactures, and exercise every power whatsoever, except that of taking money from their pockets without their consent.

What does Chatham recognize as the supreme legal authority and source of law for both England and America?.

What were Chatham's reasons for considering the taxation of America the most important question that had come before the House of Commons since the days of the Stuarts?

What is the distinction made by Chatham between the right to tax and the right to legislate?

Does modern law recognize this distinction?

Point out persuasive elements in Chatham's speech. Did he understand the temper of Englishmen?

What statements in the last paragraph show that he did not understand the temper of Americans?

What evidence is there in Chatham's speech that a movement for the independence of America was already under way?