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
But, while thus positive, there is reason to believe that Otis so far
yielded to prevailing sentiment, and especially to the opinions of
Harrington, whose “Oceana” was much read at that time, as sometimes
to recognize property in determining the basis of political power. On
one occasion he said that Government could not be “rightfully founded
on property alone,” thus seeming to intimate that property might enter
into the foundation, although, as he derisively remarks, “the possessor
of it may not have much more wit than a mole or a musquash.”[235] But
it was doubtless obvious to his clear intelligence that a claim of
power founded on property was very different from a claim of power
founded on color. Property may be acquired; but color, from its
nature, is an insurmountable condition. The original Constitution of
Massachusetts recognized property as an element of political power; but
it rejected all discrimination founded on color. If, therefore, under
the maxim of Otis, there may be discrimination founded on property,
most clearly, according to reason and early practice, there can be
none founded on color; so that at the present hour his maxim is of
vital force as a claim, not merely for the community, but for the
individual. Let the country now, as aforetime, take it up and repeat it
until it becomes the watchword of patriotism.
But Otis was not the only interpreter of this maxim of Liberty. The
Legislature of Massachusetts, on repeated occasions, made the same
claim. In solemn resolutions, drawn by Samuel Adams, and adopted
unanimously, it declared, in substance, that, “by the Law of Nature, no
man has a right to impose laws more than to levy taxes upon another”;
that “the freeman pays no tax, as the freeman submits to no law, but
such as emanates from the body in which he is represented.”[236] Surely
this claim is not merely for the community, but for the individual
freeman also.
Virginia was not behind Massachusetts. In her Declaration of Rights,
drawn by that determined patriot, George Mason, and adopted June 12,
1776, anterior to the Declaration of Independence, is the following
emphatic claim:--
“All men having sufficient evidence of permanent common
interest with and attachment to the community _have the right
of suffrage, and cannot be taxed or deprived of their property
for public uses without their own consent_ or that of their
representatives so elected, nor bound by any law to which they
have not in like manner assented for the public good.”[237]
Here again the claim is not merely for the community, but for “all
men,” and it is set forth thus positively in a Declaration of Rights.
And now listen to Benjamin Franklin. I quote a statement found
among his papers, and placed by his excellent editor under date of
1768-9, while the Colonists were echoing the cry, “Taxation without
representation is tyranny.”
Public-domain text, read in full here on John Shaqi.
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