Charles Sumner: his complete works, volume 13 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 13 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
John Adams, then a young man just admitted to the bar, was present at
the scene, and he dwells on it often with sympathetic delight. There,
in the Old Town-House of Boston, sat the five judges of the Province,
with Hutchinson as Chief Justice, in robes of scarlet, cambric bands,
and judicial wigs; and there, too, in gowns, bands, and tie-wigs, were
the barristers. Conspicuous on the wall were full-length portraits of
two British monarchs, Charles the Second and James the Second, while
in the corners were the likenesses of Massachusetts Governors. In
this presence the great oration was delivered. The patriot lawyer had
refused compensation. “In such a cause as this,” said he, “I despise a
fee.” He spoke for country and for mankind. Firmly he planted himself
on the Rights of Man, which he insisted were, by the everlasting
Law of Nature, inherent and inalienable; and these rights, he nobly
proclaimed, were common to all, without distinction of color. To
suppose them surrendered in any other way than by _equal rules and
general consent_ was to suppose men idiot or mad, whose acts are not
binding. But he especially flew at two arguments of tyranny: first,
that the colonists were “virtually” represented, and, secondly, that
there was such a difference between direct and indirect taxation,
that, while the former might be questionable, the latter was not.
To these two apologies he replied, first, that no such phrase as
“virtual representation” was known in Law or Constitution,--that it is
altogether subtilty and illusion, wholly unfounded and absurd,--and
that we must not be cheated by any such phantom, or other fiction
of law or politics, or any monkish trick of deceit and hypocrisy;
and then, with the same crushing force, he said, that, in absence of
representation, all taxation, whether direct or indirect, whether
internal or external, whether on land or trade, was equally obnoxious
to the same unhesitating condemnation.[95] The effect was electric. The
judges were stunned into silence, and postponed judgment. The people
were aroused to a frenzy of patriotism. “American Independence,” says
John Adams, in the record of his impressions, “was then and there
born; the seeds of patriots and heroes were then and there sown, to
defend the vigorous youth. Every man of a crowded audience appeared
to me to go away, as I did, ready to take arms against Writs of
Assistance. Then and there was the first scene of the first act of
opposition to the arbitrary claims of Great Britain. Then and there the
child Independence was born.”[96] But this great birth is inseparably
associated with the principle, then and there declared, that “Taxation
without representation is Tyranny.”
Public-domain text, read in full here on John Shaqi.
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