Political Sermons of the American Founding Era: 1730–1805. Группа авторов

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СКАЧАТЬ or the kingdom in general. If the representatives have no right but what they derive from their electors and election, and if the electors have no right to elect any representatives but for themselves, and if the right of sitting in the House of Commons arises only from the election of those designed to be representatives, it is undeniable, that the power of taxation in the House of Commons cannot extend any further than to those who have delegated them for that purpose; and if none of the electors in England could give a power to those whom they elected to represent or tax any other part of his majesty’s dominions except themselves, it must follow, that when the Commons are met, they represent no other place or part of his majesty’s dominions, and cannot give away the property but of those who have given them a power so to do by choosing them their representatives.

      The Parliament hath the sole right to lay on taxes, and, as hath been observed in Parliament, ’tis not the king and lords that give and grant, but this is the sole act of the Commons. The Commons have the right to do so either from the crown or people, or it is a right inherent in themselves. It cannot be inherent in themselves, for they are not born representatives, but are so by election, and that not for life, but only for a certain time; neither can they derive it from the crown, else the liberty and property of the subject must be entirely in the disposal and possession of the crown; but if they hold it entirely from the people, they cannot hold it from any other people but those who have chosen them to be their representatives, and it should seem they cannot extend their power of taxing beyond the limits of time and place, nor indeed for any other purpose but that for which they have been chosen. As the Commons in Parliament cannot lay any tax but what they must pay themselves, and falls equally on the whole kingdom of England, so, by a fundamental law, they cannot lay out such a part of the general tax on some part of the united kingdom. The principality of Wales was never taxed by Parliament till it was incorporated and represented, and, poor as it is, it pays now considerably larger than Scotland, which is as big again. When England is taxed two millions in the land tax, no more is paid in Scotland than 48,000l. and yet to lay a higher land tax on North-Britain the British Parliament cannot, it cannot without breaking the union, that is, a fundamental law of the kingdom. All the right it hath to tax Scotland arises from and must be executed in the terms of the union.^*

      The Islands of Guernsey, &c. are not taxed by the British Parliament at all, they still have their own States, and I never heard that the British Parliament ever offered to hinder them to lay on their own taxes, or to lay on additional ones, where they are not represented.

      Ireland is a conquered kingdom, the greater part of its inhabitants Papists, who in England pay double tax. The Romans always made a difference between their colonies and their conquests, and as reasonable, allowed greater and indeed all common liberties to the former. Ireland hath been conquered twice again upon the natives since its first conquest, nevertheless it hitherto had its own legislature; if the Parliament of Great-Britain claims a right to tax them, they never yet have made use of that right, and seeing for ages past they enjoyed the privilege of having their own property disposed of by representatives in a Parliament of their own, it is very natural to suppose, that they think themselves entitled to these things, and the more so, because, in the very bill that determines their dependency, they are not said to be dependent on the British Parliament, nor yet on crown and Parliament, but only on the crown of Great-Britain.

      I would now proceed to take a distinct view of the point in debate between Great-Britain and her colonies.

      It seems to be a prevailing opinion in Great-Britain, that the Parliament hath a right to tax the Americans, and that, unless they have so, America would be independent of Great-Britain.

      And it seems to be a prevailing opinion in America, that to be taxed without their consent, and where they are not and cannot be represented, would deprive them of the rights of Englishmen, nay, in time, with the loss of the constitution, would deprive them of liberty and property altogether.

      It is easily seen, that this is a very interesting subject, the consequences in each case very important, though in neither so alarming and dangerous to Britain as to America. With regard to Great-Britain, if it should not prove so as is claimed, the consequence can only be this, that then no tax can be laid, or revenue be raised, on the Americans, but where they are represented, and in a manner which they think consistent with their natural rights as men, and with their civil and constitutional liberties as Britons. The dependency of America upon Great-Britain will be as full and firm as ever, and they will chearfully comply with the requisitions of the crown in a constitutional manner. The question is not, whether the Americans will withdraw their subordination, or refuse their assistance, but, whether they themselves shall give their own property, where they are legally represented, or, whether the Parliament of Great-Britain, which does not represent them, shall take their property, and dispose of it in the same manner as they do theirs whom in Parliament they actually represent. The Americans do not plead for a right to withhold, but freely and chearfully to give. If 100,000l. are to be raised, the question is not, shall they be raised or no? but shall the Parliament levy so much upon the Americans, and order them to pay it, as a gift and grant of the Commons of Great-Britain to the king? or, shall the Americans also have an opportunity to shew their loyalty and readiness to serve the king by freely granting it to the king themselves? It is not to be denied the Americans apprehend, that if any power, no matter what the name, where they are not represented, hath a right to lay a tax on them at pleasure, all their liberty and property is at an end, and they are upon a level with the meanest slaves.

      England will not lose a shilling in point of property; the rights and privileges of the good people of Britain will not be in the least affected, supposing the claim of the Americans just and to take place; whereas every thing dreadful appears in view to the Americans if it should turn out otherwise. The crown cannot lose; the Americans are as willing to comply with every constitutional requisition as the British Parliament itself can possibly be. The Parliament cannot lose, it will still have all the power and authority it hitherto had, and ought to have had, and when every branch of the legislature, and every member of the British empire, has a true regard to reciprocal duty, prerogative and privilege, the happiness of the whole is best likely to be secured and promoted.

      The Americans most solemnly disclaim every thought, and the very idea of independency; they are sometimes afraid they are charged with a desire of it, not because this appears to be the real cause, but to set their arguments in an invidious light, and to make them appear odious in the sight of their mother country. This is not a dispute about a punctilio, the difference in the consequence is amazingly great; supposing America is not taxed where not represented, and supposing things are left upon the same footing in which with manifest advantage to Britain and America they have been ever since Britain had colonies, neither the trade nor authority of Britain suffers the least diminution, but the mischief to the colonies is beyond all expression, if the contrary should take place. If they are not to raise their own taxes, all their assemblies become useless in a moment, all their respective legislatures are annihilated at a stroke; an act passed by persons, most of whom probably never saw, nor cared much for America, may destroy all the acts they ever passed, may lay every burden upon them under which they are not expected immediately to sink, and all their civil and religious liberties, for which their forefathers went into this wilderness, and, under the smiles of heaven, turned it into a garden, and of immense consequence to the mother country, will, or may be at an end at once. Probably the present Parliament or generation would never carry matters to this length, but who knows what might be done in the next? The first settlers of the American wilds never expected that would come to pass what we have seen already. It seems as if some evil genius had prevailed of late; had these new duties been laid on payable in England, at least the expence of a board of commissioners, and of the swarms of new officers, might have been prevented; but it looks as though some men wished that America might not only be borne hard upon, but also be made to know and feel that their liberty and property lay at the mercy of others, and that they must not flatter themselves to enjoy them any longer than the good pleasure of some who would willingly take away what they never did give. I have endeavoured candidly to state the question, let us now endeavour to view СКАЧАТЬ