tly laid only by colonial assemblies, in which alone Americans could
be represented. But of what value was it to preserve the abstract
right of taxation by colonial assemblies if meanwhile the assemblies
themselves might, by act of Parliament, be abolished? And had not the
New York Assembly been suspended by act of Parliament? And were not
the new duties to be used to pay governors and judges, thus by subtle
indirection undermining the very basis of legislative independence?
And now, in the year 1768, the Massachusetts Assembly, having sent a
circular letter to the other colonies requesting concerted action in
defense of their liberties, was directed by Lord Hillsborough, speaking
in his Majesty's name, "to rescind the resolution which gave birth
to the circular letter from the Speaker, and to declare their
disapprobation of, and dissent to, that rash and hasty proceeding."
Clearly, it was no mere question of taxation but the larger question of
legislative independence that now confronted Americans.
A more skillful dialectic was required to defend American rights against
the Townshend duties than against the Stamp Act. It was a somewhat
stubborn fact that Parliament had for more than a hundred years passed
laws effectively regulating colonial trade, and for regulating trade had
imposed duties, some of which had brought into the Exchequer a certain
revenue. Americans, wishing to be thought logical as well as loyal,
could not well say at this late date that Parliament had no right to lay
duties in regulation of trade. Must they then submit to the Townshend
duties? Or was it possible to draw a line, making a distinction, rather
more subtle than the old one between internal and external taxes,
between duties for regulation and duties for revenue? This latter feat
was undertaken by Mr. John Dickinson of Pennsylvania, anonymously, under
the guise of a simple but intelligent and virtuous farmer whose arcadian
existence had confirmed in him an instinctive love of liberty and had
supplied him with the leisure to meditate at large upon human welfare
and the excellent British Constitution.
Mr. Dickinson readily granted America to be dependent upon Great
Britain, "as much dependent upon Great Britain as one perfectly
free people can be on another." But it appeared axiomatic to the
unsophisticated mind of a simple farmer that no people could be free if
taxed without its consent, and that Parliament had accordingly no right
to lay
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