Page images
PDF
EPUB

3

to ascertain the truth, therefore, I submitted it to Mr. Jefferson, as it had been given to me by judge Tyler, and this is his answer. I well remember the cry of treason, the pause of Mr. Henry at the name of George the Third and the presence of mind with which he closed his sentence, and baffled the charge vociferated.' The incident, therefore, becomes authentic history.

2. THE RESOLVES 1

Resolved, That the first adventurers and settlers of this His Majesty's Colony and Dominion of Virginia brought with them, and transmitted to their posterity, and all other His Majesty's subjects since inhabiting in this His Majesty's said Colony, all the liberties, privileges, franchises, and immunities, that have at any time been held, enjoyed, and possessed, by the people of Great Britain.

Resolved, That by two royal charters, granted by King James the First, the colonists aforesaid are declared entitled to all liberties, privileges, and immunities of denizens and natural subjects, to all intents and purposes, as if they had been abiding and born within the realm of England.

Resolved, That the taxation of the people by themselves, or by persons chosen by themselves to represent them, who can only know what taxes the people are able to bear, or the easiest method of raising them, and must themselves be affected by every tax laid on the people, is the only security against a burthensome taxation, and the distinguishing characteristick of British freedom, without which the ancient constitution cannot exist.

Resolved, That His Majesty's lege people of this his most ancient and loyal Colony have without interruption enjoyed the inestimable right of being governed by such laws, respecting their internal polity and taxation, as are derived from their own consent, with the approbation of their sovereign, or his substitute; and that the same hath never been forfeited or yielded up, but hath been constantly recognized by the kings and people of Great Britain.

Resolved therefore, That the General Assembly of this Colony have the only and sole exclusive right and power to lay taxes

Journals of the House of Burgesses of Virginia, 1761–5 (J. P. Kennedy, ed. Richmond, 1907), pp. 360, lxvii, and frontispiece. The last two resolves were certainly not, and the fifth probably not, passed by the Assembly; but all seven were published in the newspapers of Boston and elsewhere. See Amer. Hist. Rev. xxvi. 746, note.

[blocks in formation]
[ocr errors]
[merged small][ocr errors]

and impositions upon the inhabitants of this Colony, and that every attempt to vest such power in any person or persons whatsoever other than the General Assembly aforesaid has a manifest tendency to destroy British as well as LAmerican freedom.

Resolved, That His Majesty's liege people, the inhabitants of this Colony, are not bound to yield obedience to any law or ordinance whatever, designed to impose any taxation whatsoever upon them, other than the laws or ordinances of the General Assembly aforesaid.

Resolved, That any person who shall, by speaking or writing, assert or maintain that any person or persons other than the General Assembly of this Colony, have any right or power to impose or lay any taxation on the people here, shall be deemed an enemy to His Majesty's Colony.

SOAME JENYNS'S 'OBJECTIONS CONSIDER'D' 1 The Objections to the Taxation of our American Colonies by the Legislature of Great Britain, briefly consider'd

London, 1765.

THE right of the Legislature of Great Britain to impose taxes on her American colonies, and the expediency of exerting that right in the present conjuncture, are propositions so indisputably clear that I should never have thought it necessary to have undertaken their defence, had not many arguments been lately flung out both in papers and conversation, which with insolence equal to their absurdity deny them. both. As these are usually mixt up with several patriotic and favorite words such as liberty, property, Englishmen, etc., which are apt to make strong impressions on that more numerous part of mankind who have ears, but no understanding, it will not, I think, be improper to give them some answers. To this, therefore, I shall singly confine myself, and do it in as few words as possible, being sensible that the fewest will give least trouble to myself, and probably most information to my reader.

The great capital argument which I find on this subject, and which, like an elephant at the head of a Nabob's army,

1 Soame Jenyns, the minor poet and M.P. for Dunwich, was a member of the Board of Trade and Plantations when he wrote this pamphlet.

being once overthrown must put the whole into confusion, is this; that no Englishman is, or can be taxed, but by his own consent by which must be meant one of these three propositions; either that no Englishman can be taxed without his own consent as an individual; or that no Englishman can be taxed without the consent of the persons he chuses to represent him; or that no Englishman can be taxed without the consent of the majority of all those who are elected by himself and others of his fellow subjects to represent them. Now let us impartially consider whether any one of these propositions are in fact true: if not, then this wonderful structure which has been erected upon them falls at once to the ground, and like another Babel, perishes by a confusion of words, which the builders themselves are unable to understand.

First then, that no Englishman is or can be taxed but by his own consent as an individual: this is so far from being true, that it is the very reverse of truth; for no man that I know of is taxed by his own consent, and an Englishman, I believe, is as little likely to be so taxed as any man in the world.

Secondly, that no Englishman is or can be taxed but by the consent of those persons whom he has chose to represent him. For the truth of this I shall appeal only to the candid representatives of those unfortunate counties which produce cyder, and shall willingly acquiesce under their determination.1

Lastly, that no Englishman is or can be taxed without the consent of the majority of those who are elected by himself and others of his fellow subjects to represent them. This is certainly as false as the other two; for every Englishman is taxed, and not one in twenty represented: copyholders, leaseholders, and all men possessed of personal property only, chuse no representatives; Manchester, Birmingham, and many more of our richest and most flourishing trading towns send no members to Parliament, consequently cannot consent by their representatives, because they chuse none to represent them; yet are they not Englishmen ? or are they not taxed?

I am well aware that I shall hear Lock, Sidney, Selden, and many other great names quoted to prove that every Englishman, whether he has a right to vote for a repre1 A reference to the unpopular cider tax of 1764.

sentative or not, is still represented in the British Parliament, in which opinion they all agree. On what principle of commonsense this opinion is founded I comprehend not, but on the authority of such respectable names I shall acknowledge its truth; but then I will ask one question, and on that I will rest the whole merits of the cause. Why does not this imaginary representation extend to America as well as over the whole Island of Great Britain? If it can travel three hundred miles, why not three thousand? if it can jump over rivers and mountains, why cannot it sail over the ocean? If the towns of Manchester and Birmingham, sending no representatives to Parliament, are notwithstanding there represented, why are not the cities of Albany and Boston equally represented in that Assembly? Are they not alike British subjects? are they not Englishmen ? or are they only Englishmen when they sollicit for protection, but not Englishmen when taxes are required to enable this country to protect them?

But it is urged that the colonies are by their charters placed under distinct Governments each of which has a legislative power within itself, by which alone it ought to be taxed; that if this privilege is once given up, that liberty which every Englishman has a right to, is torn from them, they are all slaves, and all is lost.

The liberty of an Englishman is a phrase of so various a signification, having within these few years been used as a synonymous term for blasphemy, bawdy, treason, libels, strong beer, and cyder, that I shall not here presume to define its meaning; but I shall venture to assert what it cannot mean; that is, an exemption from taxes imposed by the authority of the Parliament of Great Britain; nor is there any charter that ever pretended to grant such a privilege to any colony in America; and had they granted it, it could have had no force; their charters being derived from the Crown, and no charter from the Crown can possibly supersede the right of the whole legislature. Their charters are un doubtedly no more than those of all corporations, which impower them to make bye-laws, and raise duties for the purposes of their own police, for ever subject to the superior authority of Parliament; and in some of their charters the manner of exercising these powers is specifyed in these express words, according to the course of other corporations

[ocr errors]

in Great Britain'. And therefore they can have no more pretence to plead an exemption from this parliamentary authority, than any other corporation in England.

It has been moreover alledged, that though Parliament may have power to impose taxes on the colonies, they have no right to use it, because it would be an unjust tax; and no supreme or legislative power can have a right to enact any law in its nature unjust. To this, I shall only make this short reply, that if Parliament can impose no taxes but what are equitable, and if the persons taxed are to be the judges of that equity, they will in effect have no power to lay any tax at all. No tax can be imposed exactly equal on all, and if it is not equal it cannot be just, and if it is not just, no power whatever can impose it; by which short syllogism all taxation is at end; but why it should not be used by Englishmen on this side the Atlantic as well as by those on the other, I do not comprehend.

Thus much for the right. Let us now a little inquire into the expediency of this measure, to which two objections have been made; that the time is improper, and the manner wrong.

As to the first, can any time be more proper to require some assistance from our colonies, to preserve to themselves their present safety, than when this country is almost undone by procuring it? Can any time be more proper to impose some tax upon their trade, than when they are enabled to rival us in our manufactures, by the encouragement and protection which we have given them? Can any time be more proper to oblige them to settle handsome incomes on their Governors, than when we find them unable to procure a subsistence on any other terms than those of breaking all their instructions, and betraying the rights of their sovereign? Can there be a more proper time to compel them to fix certain salaries on their judges, than when we see them so dependent on the humours of their Assemblies, that they can obtain a livelihood no longer than quam diu se male gesserint? Can there be a more proper time to force them to maintain an army at their expence, than when that army is necessary for their own protection, and we are utterly unable to support it? Lastly; can there be a more proper time for this mother country to leave off feeding out of her own vitals these children whom she has nursed up, than when they are arrived

« PreviousContinue »