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TAXATION NO TYRANNY;

An answer ²⁸ to the resolutions and address of the American congress

1775

In all the parts of human knowledge, whether terminating in science merely speculative, or operating upon life, private or civil, are admitted some fundamental principles, or common axioms, which, being-generally received, are little doubted, and, being little doubted, have been rarely proved.

Of these gratuitous and acknowledged truths, it is often the fate to become less evident by endeavours to explain them, however necessary such endeavours may be made by the misapprehensions of absurdity, or the sophistries of interest. It is difficult to prove the principles of science; because notions cannot always be found more intelligible than those which are questioned. It is difficult to prove the principles of practice, because they have, for the most part, not been discovered by investigation, but obtruded by experience; and the demonstrator will find, after an operose deduction, that he has been trying to make that seen, which can be only felt.

Of this kind is the position, that "the supreme power of every community has the right of requiring, from all its subjects, such contributions as are necessary to the publick safety or publick prosperity," which was considered, by all mankind, as comprising the primary and essential condition of all political society, till it became disputed by those zealots of anarchy, who have denied, to the parliament of Britain the right of taxing the American colonies.

In favour of this exemption of the Americans from the authority of their lawful sovereign, and the dominion of their mother-country, very loud clamours have been raised, and many wild assertions advanced, which, by such as borrow their opinions from the reigning fashion, have been admitted as arguments; and, what is strange, though their tendency is to lessen English honour and English power, have been heard by Englishmen, with a wish to find them true. Passion has, in its first violence, controlled interest, as the eddy for awhile runs against the stream.

To be prejudiced is always to be weak; yet there are prejudices so near to laudable, that they have been often praised, and are always pardoned. To love their country has been considered as virtue in men, whose love could not be otherwise than blind, because their preference was made without a comparison; but it has never been my fortune to find, either in ancient or modern writers, any honourable mention of those, who have, with equal blindness, hated their country.

These antipatriotick prejudices are the abortions of folly impregnated by faction, which, being produced against the standing order of nature, have not strength sufficient for long life. They are born only to scream and perish, and leave those to contempt or detestation, whose kindness was employed to nurse them into mischief.

To perplex the opinion of the publick many artifices have been used, which, as usually happens, when falsehood is to be maintained by fraud, lose their force by counteracting one another.

The nation is, sometimes, to be mollified by a tender tale of men, who fled from tyranny to rocks and deserts, and is persuaded to lose all claims of justice, and all sense of dignity, in compassion for a harmless people, who, having worked hard for bread in a wild country, and obtained, by the slow progression of manual industry, the accommodations of life, are now invaded by unprecedented oppression, and plundered of their properties by the harpies of taxation.

We are told how their industry is obstructed by unnatural restraints, and their trade confined by rigorous prohibitions; how they are forbidden to enjoy the products of their own soil, to manufacture the materials which nature spreads before them, or to carry their own goods to the nearest market; and surely the generosity of English virtue will never heap new weight upon those that are already overladen; will never delight in that dominion, which cannot be exercised, but by cruelty and outrage.

But, while we are melting in silent sorrow, and, in the transports of delirious pity, dropping both the sword and balance from our hands, another friend of the Americans thinks it better to awaken another passion, and tries to alarm our interest, or excite our veneration, by accounts of their greatness and their opulence, of the fertility of their land, and the splendour of their towns. We then begin to consider the question with more evenness of mind, are ready to conclude that those restrictions are not very oppressive, which have been found consistent with this speedy growth of prosperity; and begin to think it reasonable, that they who thus flourish under the protection of our government, should contribute something towards its expense.

But we are soon told, that the Americans, however wealthy, cannot be taxed; that they are the descendants of men who left all for liberty, and that they have constantly preserved the principles and stubbornness of their progenitors; that they are too obstinate for persuasion, and too powerful for constraint; that they will laugh at argument, and defeat violence; that the continent of North America contains three millions, not of men merely, but of whigs, of whigs fierce for liberty, and disdainful of dominion; that they multiply with the fecundity of their own rattlesnakes, so that every quarter of a century doubles their numbers.

Men accustomed to think themselves masters do not love to be threatened. This talk is, I hope, commonly thrown away, or raises passions different from those which it was intended to excite. Instead of terrifying the English hearer to tame acquiescence, it disposes him to hasten the experiment of bending obstinacy, before it is become yet more obdurate, and convinces him that it is necessary to attack a nation thus prolifick, while we may yet hope to prevail. When he is told, through what extent of territory we must travel to subdue them, he recollects how far, a few years ago, we travelled in their defence. When it is urged, that they will shoot up, like the hydra, he naturally considers how the hydra was destroyed.

Nothing dejects a trader like the interruption of his profits. A commercial people, however magnanimous, shrinks at the thought of declining traffick and an unfavourable balance. The effect of this terrour has been tried. We have been stunned with the importance of our American commerce, and heard of merchants, with warehouses that are never to be emptied, and of manufacturers starving for want of work.

That our commerce with America is profitable, however less than ostentatious or deceitful estimates have made it, and that it is our interest to preserve it, has never been denied; but, surely, it will most effectually be preserved, by being kept always in our own power. Concessions may promote it for a moment, but superiority only can ensure its continuance. There will always be a part, and always a very large part of every community, that have no care but for themselves, and whose care for themselves reaches little further than impatience of immediate pain, and eagerness for the nearest good. The blind are said to feel with peculiar nicety. They who look but little into futurity, have, perhaps, the quickest sensation of the present. A merchant's desire is not of glory, but of gain; not of publick wealth, but of private emolument; he is, therefore, rarely to be consulted about war and peace, or any designs of wide extent and distant consequence.

Yet this, like other general characters, will sometimes fail. The traders of Birmingham have rescued themselves from all imputation of narrow selfishness, by a manly recommendation to parliament of the rights and dignity of their native country.

To these men I do not intend to ascribe an absurd and enthusiastick contempt of interest, but to give them the rational and just praise of distinguishing real from seeming good; of being able to see through the cloud of interposing difficulties, to the lasting and solid happiness of victory and settlement.

Lest all these topicks of persuasion should fail, the greater actor of patriotism has tried another, in which terrour and pity are happily combined, not without a proper superaddition of that admiration which latter ages have brought into the drama. The heroes of Boston, he tells us, if the stamp act had not been repealed, would have left their town, their port, and their trade, have resigned the splendour of opulence, and quitted the delights of neighbourhood, to disperse themselves over the country, where they would till the ground, and fish in the rivers, and range the mountains, and be free.

These, surely, are brave words. If the mere sound of freedom can operate thus powerfully, let no man, hereafter, doubt the story of the Pied Piper. The removal of the people of Boston into the country, seems, even to the congress, not only difficult in its execution, but important in its consequences. The difficulty of execution is best known to the Bostonians themselves; the consequence alas! will only be, that they will leave good houses to wiser men.

Yet, before they quit the comforts of a warm home, for the sounding something which they think better, he cannot be thought their enemy who advises them, to consider well whether they shall find it. By turning fishermen or hunters, woodmen or shepherds, they may become wild, but it is not so easy to conceive them free; for who can be more a slave than he that is driven, by force, from the comforts of life, is compelled to leave his house to a casual comer, and, whatever he does, or wherever he wanders, finds, every moment, some new testimony of his own subjection? If choice of evil be freedom, the felon in the galleys has his option of labour or of stripes. The Bostonian may quit his house to starve in the fields; his dog may refuse to set, and smart under the lash, and they may then congratulate each other upon the smiles of liberty, "profuse of bliss, and pregnant with delight."

To treat such designs as serious, would be to think too contemptuously of Bostonian understandings. The artifice, indeed, is not new: the blusterer, who threatened in vain to destroy his opponent, has, sometimes, obtained his end, by making it believed, that he would hang himself.

But terrours and pity are not the only means by which the taxation of the Americans is opposed. There are those, who profess to use them only as auxiliaries to reason and justice; who tell us, that to tax the colonies is usurpation and oppression, an invasion of natural and legal rights, and a violation of those principles which support the constitution of English government.

This question is of great importance. That the Americans are able to bear taxation, is indubitable; that their refusal may be overruled, is highly probable; but power is no sufficient evidence of truth. Let us examine our own claim, and the objections of the recusants, with caution proportioned to the event of the decision, which must convict one part of robbery, or the other of rebellion.

A tax is a payment, exacted by authority, from part of the community, for the benefit of the whole. From whom, and in what proportion such payment shall be required, and to what uses it shall be applied, those only are to judge to whom government is intrusted. In the British dominions taxes are apportioned, levied, and appropriated by the states assembled in parliament.

Of every empire all the subordinate communities are liable to taxation, because they all share the benefits of government, and, therefore, ought all to furnish their proportion of the expense.

This the Americans have never openly denied. That it is their duty to pay the costs of their own safety, they seem to admit; nor do they refuse their contribution to the exigencies, whatever they may be, of the British empire; but they make this participation of the publick burden a duty of very uncertain extent, and imperfect obligation, a duty temporary, occasional, and elective, of which they reserve to themselves the right of settling the degree, the time, and the duration; of judging when it may be required, and when it has been performed.

They allow to the supreme power nothing more than the liberty of notifying to them its demands or its necessities. Of this notification they profess to think for themselves, how far it shall influence their counsels; and of the necessities alleged, how far they shall endeavour to relieve them. They assume the exclusive power of settling not only the mode, but the quantity, of this payment. They are ready to cooperate with all the other dominions of the king; but they will cooperate by no means which they do not like, and at no greater charge than they are willing to bear.

This claim, wild as it may seem; this claim, which supposes dominion without authority, and subjects without subordination, has found among the libertines of policy, many clamorous and hardy vindicators. The laws of nature, the rights of humanity, the faith of charters, the danger of liberty, the encroachments of usurpation, have been thundered in our ears, sometimes by interested faction, and sometimes by honest stupidity.

It is said by Fontenelle, that if twenty philosophers shall resolutely deny that the presence of the sun makes the day, he will not despair but whole nations may adopt the opinion. So many political dogmatists have denied to the mother-country the power of taxing the colonies, and have enforced their denial with so much violence of outcry, that their sect is already very numerous, and the publick voice suspends its decision.

In moral and political questions, the contest between interest and justice has been often tedious and often fierce, but, perhaps, it never happened before, that justice found much opposition, with interest on her side.

For the satisfaction of this inquiry, it is necessary to consider, how a colony is constituted; what are the terms of migration, as dictated by nature, or settled by compact; and what social or political rights the man loses or acquires, that leaves his country to establish himself hi a distant plantation.

Of two modes of migration the history of mankind informs us, and so far as I can yet discover, of two only. In countries where life was yet unadjusted, and policy unformed, it sometimes happened, that, by the dissensions of heads of families, by the ambition of daring adventurers, by some accidental pressure of distress, or by the mere discontent of idleness, one part of the community broke off from the rest, and numbers, greater or smaller, forsook their habitations, put themselves under the command of some favourite of fortune, and with, or without the consent of their countrymen or governours, went out to see what better regions they could occupy, and in what place, by conquest or by treaty, they could gain a habitation.

Sons of enterprise, like these, who committed to their own swords their hopes and their lives, when they left their country, became another nation, with designs, and prospects, and interests, of their own. They looked back no more to their former home; they expected no help from those whom they had left behind; if they conquered, they conquered for themselves; if they were destroyed, they were not by any other power either lamented or revenged.

Of this kind seem to have been all the migrations of the early world, whether historical or fabulous, and of this kind were the eruptions of those nations, which, from the north, invaded the Roman empire, and filled Europe with new sovereignties.

But when, by the gradual admission of wiser laws and gentler manners, society became more compacted and better regulated, it was found, that the power of every people consisted in union, produced by one common interest, and operating in joint efforts and consistent counsels.

From this time independence perceptibly wasted away. No part of the nation was permitted to act for itself. All now had the same enemies and the same friends; the government protected individuals, and individuals were required to refer their designs to the prosperity of the government.

By this principle it is, that states are formed and consolidated. Every man is taught to consider his own happiness, as combined with the publick prosperity, and to think himself great and powerful, in proportion to the greatness and power of his governours.

Had the western continent been discovered between the fourth and tenth century, when all the northen world was in motion; and had navigation been, at that time, sufficiently advanced to make so long a passage easily practicable, there is little reason for doubting, but the intumescence of nations would have found its vent, like all other expansive violence, where there was least resistance; and that Huns and Vandals, instead of fighting their way to the south of Europe, would have gone, by thousands and by myriads, under their several chiefs, to take possession of regions smiling with pleasure, and waving with fertility, from which the naked inhabitants were unable to repel them.

Every expedition would, in those days of laxity, have produced a distinct and independent state. The Scandinavian heroes might have divided the country among them, and have spread the feudal subdivision of regality from Hudson's bay to the Pacifick ocean.

But Columbus came five or six hundred years too late for the candidates of sovereignty. When he formed his project of discovery, the fluctuations of military turbulence had subsided, and Europe began to regain a settled form, by established government and regular subordination. No man could any longer erect himself into a chieftain, and lead out his fellow-subjects, by his own authority, to plunder or to war. He that committed any act of hostility, by land or sea, without the commission of some acknowledged sovereign, was considered, by all mankind, as a robber or pirate, names which were now of little credit, and of which, therefore, no man was ambitious.

Columbus, in a remoter time, would have found his way to some discontented lord, or some younger brother of a petty sovereign, who would have taken fire at his proposal, and have quickly kindled, with equal heat, a troop of followers: they would have built ships, or have seized them, and have wandered with him, at all adventures, as far as they could keep hope in their company. But the age being now past of vagrant excursion and fortuitous hostility, he was under the necessity of travelling from court to court, scorned and repulsed as a wild projector, an idle promiser of kingdoms in the clouds; nor has any part of the world yet had reason to rejoice that he found, at last, reception and employment.

In the same year, in a year hitherto disastrous to mankind, by the Portuguese was discovered the passage of the Indies, and by the Spaniards the coast of America. The nations of Europe were fired with boundless expectations, and the discoverers, pursuing their enterprise, made conquests in both hemispheres of wide extent. But the adventurers were not contented with plunder: though they took gold and silver to themselves, they seized islands and kingdoms in the name of their sovereigns. When a new region was gained, a governour was appointed by that power, which had given the commission to the conqueror; nor have I met with any European, but Stukely, of London, that formed a design of exalting himself in the newly found countries to independent dominion.

To secure a conquest, it was always necessary to plant a colony, and territories, thus occupied and settled, were rightly considered, as mere extensions, or processes of empire; as ramifications which, by the circulation of one publick interest, communicated with the original source of dominion, and which were kept flourishing and spreading by the radical vigour of the mother-country.

The colonies of England differ no otherwise from those of other nations, than as the English constitution differs from theirs. All government is ultimately and essentially absolute, but subordinate societies may have more immunities, or individuals greater liberty, as the operations of government are differently conducted. An Englishman in the common course of life and action feels no restraint. An English colony has very liberal powers of regulating its own manners, and adjusting its own affairs. But an English individual may, by the supreme authority, be deprived of liberty, and a colony divested of its powers, for reasons of which that authority is the only judge.

In sovereignty there are no gradations. There may be limited royalty, there may be limited consulship; but there can be no limited government. There must, in every society, be some power or other, from which there is no appeal, which admits no restrictions, which pervades the whole mass of the community, regulates and adjusts all subordination, enacts laws or repeals them, erects or annuls judicatures, extends or contracts privileges, exempt itself from question or control, and bounded only by physical necessity.

By this power, wherever it subsists, all legislation and jurisdiction is animated and maintained. From this all legal rights are emanations, which, whether equitably or not, may be legally recalled. It is not infallible, for it may do wrong; but it is irresistible, for it can be resisted only by rebellion, by an act which makes it questionable, what shall be thenceforward the supreme power.

An English colony is a number of persons, to whom the king grants a charter, permitting them to settle in some distant country, and enabling them to constitute a corporation enjoying such powers as the charter grants, to be administered in such forms as the charter prescribes. As a corporation, they make laws for themselves; but as a corporation, subsisting by a grant from higher authority, to the control of that authority they continue subject.

As men are placed at a greater distance from the supreme council of the kingdom, they must be intrusted with ampler liberty of regulating their conduct by their own wisdom. As they are more secluded from easy recourse to national judicature, they must be more extensively commissioned to pass judgment on each other.

For this reason our more important and opulent colonies see the appearance, and feel the effect, of a regular legislature, which, in some places, has acted so long with unquestioned authority, that it has forgotten whence that authority was originally derived.

To their charters the colonies owe, like other corporations, their political existence. The solemnities of legislation, the administration of justice, the security of property, are all bestowed upon them by the royal grant. Without their charter, there would be no power among them, by which any law could be made, or duties enjoined; any debt recovered, or criminal punished.

A charter is a grant of certain powers or privileges, given to a part of the community for the advantage of the whole, and is, therefore, liable, by its nature, to change or to revocation. Every act of government aims at publick good. A charter, which experience has shown to be detrimental to the nation, is to be repealed; because general prosperity must always be preferred to particular interest. If a charter be used to evil purposes, it is forfeited, as the weapon is taken away which is injuriously employed.

The charter, therefore, by which provincial governments are constituted, may be always legally, and, where it is either inconvenient in its nature, or misapplied in its use, may be equitably repealed; by such repeal the whole fabrick of subordination is immediately destroyed, and the constitution sunk at once into a chaos; the society is dissolved into a tumult of individuals, without authority to command, or obligation to obey, without any punishment of wrongs, but by personal resentment, or any protection of right, but by the hand of the possessor.

A colony is to the mother-country, as a member to the body, deriving its action and its strength from the general principle of vitality; receiving from the body, and communicating to it, all the benefits and evils of health and disease; liable, in dangerous maladies, to sharp applications, of which the body, however, must partake the pain; and exposed, if incurably tainted, to amputation, by which the body, likewise, will be mutilated.

The mother-country always considers the colonies, thus connected, as parts of itself; the prosperity or unhappiness of either, is the prosperity or unhappiness of both; not, perhaps, of both in the same degree, for the body may subsist, though less commodiously, without a limb, but the limb must perish, if it be parted from the body.

Our colonies, therefore, however distant, have been, hitherto, treated as constituent parts of the British empire. The inhabitants incorporated by English charters are entitled to all the rights of Englishmen. They are governed by English laws, entitled to English dignities, regulated by English counsels, and protected by English arms; and it seems to follow, by consequence not easily avoided, that they are subject to English government, and chargeable by English taxation.

To him that considers the nature, the original, the progress, and the constitution of the colonies, who remembers that the first discoverers had commissions from the crown, that the first settlers owe to a charter their civil forms and regular magistracy, and that all personal immunities and legal securities, by which the condition of the subject has been, from time to time, improved, have been extended to the colonists, it will not be doubted, but the parliament of England has a right to bind them by statutes, and to bind them in all cases whatsoever; and has, therefore, a natural and constitutional power of laying upon them any tax or impost, whether external or internal, upon the product of land, or the manufactures of industry, in the exigencies of war, or in the time of profound peace, for the defence of America, for the purpose of raising a revenue, or for any other end beneficial to the empire.

There are some, and those not inconsiderable for number, nor contemptible for knowledge, who except the power of taxation from the general dominion of parliament, and hold, that whatever degress of obedience may be exacted, or whatever authority may be exercised in other acts of government, there is still reverence to be paid to money, and that legislation passes its limits when it violates the purse.

Of this exception, which, by a head not fully impregnated with politicks, is not easily comprehended, it is alleged, as an unanswerable reason, that the colonies send no representatives to the house of commons.

It is, say the American advocates, the natural distinction of a freeman, and the legal privilege of an Englishman, that he is able to call his possessions his own, that he can sit secure in the enjoyment of inheritance or acquisition, that his house is fortified by the law, and that nothing can be taken from him, but by his own consent. This consent is given for every man by his representative in parliament. The Americans, unrepresented, cannot consent to English taxations, as a corporation, and they will not consent, as individuals.

Of this argument, it has been observed by more than one, that its force extends equally to all other laws, for a freeman is not to be exposed to punishment, or be called to any onerous service, but by his own consent. The congress has extracted a position from the fanciful Montesquieu that, "in a free state, every man, being a free agent, ought to be concerned in his own government." Whatever is true of taxation, is true of every other law, that he who is bound by it, without his consent, is not free, for he is not concerned in his own government.

He that denies the English parliament the right of taxation, denies it, likewise, the right of making any other laws, civil or criminal, yet this power over the colonies was never yet disputed by themselves. They have always admitted statutes for the punishment of offences, and for the redress or prevention of inconveniencies; and the reception of any law draws after it, by a chain which cannot be broken, the unwelcome necessity of submitting to taxation.

That a freeman is governed by himself, or by laws to which he has consented, is a position of mighty sound; but every man that utters it, with whatever confidence, and every man that hears it, with whatever acquiescence, if consent be supposed to imply the power of refusal, feels it to be false. We virtually and implicitly allow the institutions of any government, of which we enjoy the benefit, and solicit the protection. In wide extended dominions, though power has been diffused with the most even hand, yet a very small part of the people are either primarily or secondarily consulted in legislation. The business of the publick must be done by delegation. The choice of delegates is made by a select number, and those who are not electors stand idle and helpless spectators of the commonweal, "wholly unconcerned in the government of themselves."

Of the electors the hap is but little better. They are often far from unanimity in their choice; and where the numbers approach to equality, almost half must be governed not only without, but against their choice.

How any man can have consented to institutions established in distant ages, it will be difficult to explain. In the most favourite residence of liberty, the consent of individuals is merely passive; a tacit admission, in every community, of the terms which that community grants and requires. As all are born the subjects of some state or other, we may be said to have been all born consenting to some system of government. Other consent than this the condition of civil life does not allow. It is the unmeaning clamour of the pedants of policy, the delirious dream of republican fanaticism.

But hear, ye sons and daughters of liberty, the sounds which the winds are wafting from the western continent. The Americans are telling one another, what, if we may judge from their noisy triumph, they have but lately discovered, and what yet is a very important truth: "That they are entitled to life, liberty, and property; and that they have never ceded to any sovereign power whatever a right to dispose of either without their consent."