The Works of Samuel Johnson, LL.D. in Eleven Volumes, Volume 06: Reviews, Political Tracts, and Lives of Eminent PersonsJohnson, Samuel
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The Works of Samuel Johnson, LL.D. in Eleven Volumes, Volume 06: Reviews, Political Tracts, and Lives of Eminent Persons
Johnson, Samuel
English essays -- 18th century
To him that considers the nature, the original, the progress, and the
constitution of the colonies, who remembers that the first discoverers
had commissions from the crown, that the first settlers owe to a charter
their civil forms and regular magistracy, and that all personal
immunities and legal securities, by which the condition of the subject
has been, from time to time, improved, have been extended to the
colonists, it will not be doubted, but the parliament of England has a
right to bind them by statutes, and to bind them in all cases
whatsoever; and has, therefore, a natural and constitutional power of
laying upon them any tax or impost, whether external or internal, upon
the product of land, or the manufactures of industry, in the exigencies
of war, or in the time of profound peace, for the defence of America,
for the purpose of raising a revenue, or for any other end beneficial to
the empire.
There are some, and those not inconsiderable for number, nor
contemptible for knowledge, who except the power of taxation from the
general dominion of parliament, and hold, that whatever degress of
obedience may be exacted, or whatever authority may be exercised in
other acts of government, there is still reverence to be paid to money,
and that legislation passes its limits when it violates the purse.
Of this exception, which, by a head not fully impregnated with
politicks, is not easily comprehended, it is alleged, as an unanswerable
reason, that the colonies send no representatives to the house of
commons.
It is, say the American advocates, the natural distinction of a freeman,
and the legal privilege of an Englishman, that he is able to call his
possessions his own, that he can sit secure in the enjoyment of
inheritance or acquisition, that his house is fortified by the law, and
that nothing can be taken from him, but by his own consent. This consent
is given for every man by his representative in parliament. The
Americans, unrepresented, cannot consent to English taxations, as a
corporation, and they will not consent, as individuals.
Of this argument, it has been observed by more than one, that its force
extends equally to all other laws, for a freeman is not to be exposed to
punishment, or be called to any onerous service, but by his own consent.
The congress has extracted a position from the fanciful Montesquieu
that, "in a free state, every man, being a free agent, ought to be
concerned in his own government." Whatever is true of taxation, is true
of every other law, that he who is bound by it, without his consent, is
not free, for he is not concerned in his own government.
Public-domain text, read in full here on John Shaqi.
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