magistrates who are to administer them. (Madison Papers,
vol. 3, p. 14.)
Taxation without representation is abhorrent to every principle
of natural or civil liberty. It was this injustice that drove our
fathers into revolution against the mother country.
The very act of taxing exercised over those who are not
represented appears to me to be depriving them of one of
their most essential rights as freemen, and if continued,
seems to be, in effect, an entire disfranchisement of every
civil right. For what one civil right is worth a rush after
a man's property is subject to be taken from him at pleasure
without his consent? If a man is not his own assessor, in
person or by deputy, his liberty is gone, or he is entirely
at the mercy of others. (Otis's Rights of the Colonies, p.
58.)
Nor are these principles original with the people of this
country. Long before they were ever uttered on this continent
they were declared by Englishmen. Said Lord Summers, a truly
great lawyer of England:
Amongst all the rights and privileges appertaining unto us,
that of having a share in the legislation, and being
governed by such laws as we ourselves shall cause, is the
most fundamental and essential, as well as the most
advantageous and beneficial.
Said the learned and profound Hooker:
By the natural law whereunto Almighty God hath made all
subject, the lawful power of making laws to command whole
politic societies of men, belongeth so properly unto the
same entire societies, that for any prince or potentate of
what kind soever upon earth to exercise the same of himself
(or themselves), and not either by express commission
immediately received from God, or else by authority derived
at the first from their consent upon whose persons they
impose laws, it is no better than mere tyranny! Agreeable to
the same just privileges of natural equity, is that maxim
for the English constitution, that "Law to bind all must be
assented to by all"; and there can be no legal appearance of
assent without some degree of representation.
The great champion of liberty, Granville Sharpe, declared that--
|