Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
When the matter of repealing the Stamp Act came before Parliament, the
question turned, as we have already observed, chiefly on the subject
of the clause declaring the _right_ of Parliament to levy the tax.
While Chatham arrayed all his powers against the right, Mansfield was
its most strenuous supporter. His speech on the subject is of great
importance to the American student, because it is by far the most able
and plausible ever delivered in support of the British policy. It is
avowedly directed to the question of right, not at all to the question
of expediency. Lord Campbell, although inclined to the doctrines of the
Whigs, refers to the speech as one of arguments to which he “has never
been able to find an answer.” The position of Mansfield undoubtedly had
a very great influence in determining and strengthening the policy of
the King and of the ministry. The speech was corrected for the press by
the orator’s own hand, and may be regarded as authentic.
LORD MANSFIELD.
ON THE RIGHT OF ENGLAND TO TAX AMERICA. HOUSE OF LORDS, FEBRUARY 3,
1766.
The discussion, of which the speech of Pitt already given, formed a
part, came up on the adoption of the motion declaring the right of
England to tax America,—a motion accompanying the bill repealing the
Stamp Act. The motion was strenuously opposed, not only by Pitt in
the House of Commons, but also by Lord Camden in the House of Lords.
Camden said: “In my opinion, my Lords, the legislature have no right
to make this law. The sovereign authority, the omnipotence of the
legislature is a favorite doctrine; but there are some things which
you cannot do. You cannot take away a man’s property, without making
him a compensation. You have no right to condemn a man by bill of
attainder without hearing him. But, though Parliament cannot take
away a man’s property, yet every subject must make contributions, and
this he consents to do by his representative. Notwithstanding the
King, Lords, and Commons could in ancient times tax other people,
they could not tax the clergy.” Lord Camden then went on to show at
length, that the counties palatine of Wales and of Berwick, were
never taxed till they were represented in Parliament. The same was
true, he said, of Ireland; and the same doctrines should prevail in
regard to America. It was in answer to Lord Camden that the following
speech of Lord Mansfield was made.
MY LORDS:
I shall speak to the question strictly as a matter of right; for it is
a proposition in its nature so perfectly distinct from the expediency
of the tax, that it must necessarily be taken separate, if there is any
true logic in the world; but of the expediency or inexpediency I will
say nothing. It will be time enough to speak upon that subject when it
comes to be a question.
Public-domain text, read in full here on John Shaqi.
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