I shall undertake to disprove the supposed similarity of
situation, whence the same kind of Representation is
deduced of the inhabitants of the colonies, and of the
British non-electors; and, if I succeed, the Notion of a
virtual representation of the colonies must fail, which, in
Truth is a mere cob-web, spread to catch the unwary, and
intangle the weak. I would be understood. I am upon a
question of propriety, not of power; and though some may
be inclined to think it is to little purpose to discuss the one,
when the other is irresistible, yet are they different
considerations; and, at the same time that I invalidate the
claim upon which it is founded, I may very consistently
recommend a submission to the law, whilst it endures. .
Lessees for years, copyholders, proprietors of. the
public funds, inhabitants of Birmingham, Leeds, Halifax
and Manchester, merchants of the City of London, or
members of the corporation of the East India Company,
are, as such, under no personal incapacity to be electors;
for they may acquire the right of election, and there are
actually not only a considerable number of electors in
each of the classes of lessees for years etc., but in many of
them, if not all, even members of Parliament. The
interests therefore of the nonelectors, the electors, and the
representatives, are individually the same; to say nothing
of the connection among neighbours, friends and relations.
The security of the non-electors against oppression, is that
their oppression will fall also upon the electors and the
representatives. The one can't be injured and the other
indemnified.
Further, if the nonelectors should not be taxed by
the British Parliament, they would not be taxed at all;
and it would be iniquitous, as well as a solecism in the
political system, that they should partake of all the benefits
resulting from the imposition and application of taxes,
and derive an immunity from the circumstances of not
being qualified to vote. Under this Constitution then, a
double or virtual representation may be reasonably supposed.
There is not that intimate and inseparable relation
between the electors of Great-Britain and the inhabitants
of the colonies, which must inevitably involve both in the
same taxation; on the contrary, not a single actual elector
in England, might be immediately affected by a taxation in
America, imposed by a statute which would have a general
operation and effect, upon the properties of the inhabitants
of the colonies . . . wherefore the relation between the
British Americans, and the English electors, is a knot too
infirm to be relied on. . .
It appears to me, that there is a clear and necessary
Distinction between an Act imposing a tax for the single
purpose of revenue, and those Acts which have been made
for the regulation of trade, and have produced some revenue
in consequence of their effect and operation as regulations
of trade.
The colonies claim the privileges of British subjects
-It has been proved to be inconsistent with those
privileges, to tax them without their own consent, and it hath
been demonstrated that a tax imposed by Parliament, is a
tax without their consent.
The subordination of the colonies, aid the authority
of Parliament to preserve it, have been fully acknowledged.
Not only the welfare, but perhaps the existence of the
mother country, as an independent kingdom, may depend
upon her trade and navigation, and these so far upon her
intercourse with the colonies, that if this should be
neglected, there would soon be an end to that commerce,
whence her greatest wealth is derived, and upon whichhich
her maritime power is principally founded. From these
considerations, the right of the British Parliament to
regulate the trade of the colonies, may be justly deduced; a
denial of it would contradict the admission of the
subordination, and of the authority to preserve it, resulting from
the nature of the relation between the mother country and
her colonies. It is a common, and frequently the most
proper method to regulate trade by duties on imports and
exports. The authority of the mother country to regulate
the trade of the colonies being unquestionable, what
regulations are the most proper, are to be of course
submitted to the determination of the Parliament; and if
an incidental revenue, should be produced by such
regulations; these are not therefore unwarrantable.
A right to impose an internal tax on the colonies,
without their consent for the single purpose of revenue, is
denied, a right to regulate their trade without their consent
is admitted. The imposition of a duty may, in some
instances, be the proper regulation. If the claims of the
mother country and the colonies should seem on such an
occasion to interfere, and the point of right to be doubtful,
(which I take to be otherwise) it is easy to guess that the
determination will be on the side of power, and the inferior
will be constrained to submit.