The right of the Legislature of Great-Britain to impose
taxes on her American Colonies, and the expedicocy 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 makkind, 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
Nobob's army, 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.
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 Locke, Sidney,
Selden, and many other great names quoted to prove that
every Englishman, whether he has a right to vote for a
representative, or not, is still represented in the British
Parliament; in which opinion they all agree: on what
principle of common sense 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 libery 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
heing derived from the Crown, and no charter from the
Crown can possibly supersede the right of the whole
legislature: their charters are undoubtedly no more than
those of all corporations, which impower them to make
byelaws, 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 specified in these express words,
"according to the course of other corporations 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 alleged, 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 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 an 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. . .