whether the Colonies are represented in the British Parliament or not? You affirm it to be an indubitable Fact that they are represented, and from thence you infer a Right in the Parliament to impose Taxes of every Kind upon them. You do not insist [5] upon the Power, but upon the Right of Parliament to impose Taxes upon the Colonies. This is certainly a very proper Distinction, as Right and Power have very different Meanings, and convey very different Ideas; For had you told us that the Parliament of Great Britain have Power, by the Fleets and Armies of the Kingdom, to impose Taxes and to raise Contributions upon the Colonies, I should not have presumed to dispute the Point with you; but as you insist upon the Right only, I must beg Leave to differ from you in Opinion, and shall give my Reasons for it.
But I must first recapitulate your Arguments in Support of this Right in the Parliament. You say
the Inhabitants of the Colonies do not indeed choose Members of Parliament, neither are nine Tenths of the People of Britain Electors; for the Right of Election is annexed to certain Species of Property, to peculiar Franchises, and to Inhabitancy in some particular Places. But these Descriptions comprehend only a very small Part of the Lands, the Property and People of Britain; all Copy-Hold, all Leave-Hold Estates under the Crown, under the Church, or under private Persons, though for Terms ever so long; all landed Property in short that is not Freehold, and all monied Property whatsoever, are excluded. The Possessors of these have no Votes in the Election of Members of Parliament; Women and Persons under Age, be their Property ever so large, and all of it Freehold, have none: The Merchants of London, a numerous and respectable Body of Men, whose Opulence exceeds all that America can collect; the Proprietors of that vast Accumulation of Wealth, the Publick Funds; the Inhabitants of Leeds, of Halifax, of Birmingham, [6] and of Manchester, Towns that are each of them larger than the largest in the Plantations; many of lesser Note, that are incorporated; and that great Corporation the East India Company, whose Rights over the Countries they possess fall very little short of Sovereignty, and whose Trade and whose Fleets are sufficient to constitute them a maritime Power, are all in the same Circumstances: And yet are they not represented in Parliament? Is their vast Property subject to Taxation without their Consent? Are they all arbitrarily bound by Laws to which they have not agreed? The Colonies are exactly in the same Situation; all British Subjects are really in the same; none are actually, all are virtually, represented in Parliament: For every Member of Parliament sits in the House not as a Representative of his own Constituents, but as one of that august Assembly by which all the Commons of Great Britain are represented.
This is the Sum of what you advance, in all the Pomp of Parliamentary Declamation, to prove that the Colonies are represented in Parliament, and therefore subject to their Taxation; but notwithstanding this Way of reasoning, I cannot comprehend how Men who are excluded from voting at the Election of Members of Parliament can be represented in that Assembly, or how those who are elected do not sit in the House as Representatives of their Constituents. These Assertions appear to me not only paradoxical, but contrary to the fundamental Principles of the English Constitution.
To illustrate this important Disquisition, I conceive we must recur to the civil Constitution of England, and from thence deduce and ascertain the Rights and Privileges [7] of the People at the first Establishment of the Government, and discover the Alterations that have been made in them from Time to Time; and it is from the Laws of the Kingdom, founded upon the Principles of the Law of Nature, that we are to show the Obligation every Member of the State is under to pay Obedience to its Institutions. From these Principles I shall endeavour to prove that the Inhabitants of Britain, who have no Vote in the Election of Members of Parliament, are not represented in that Assembly, and yet that they owe Obedience to the Laws of Parliament; which, as to them, are constitutional, and not arbitrary. As to the Colonies, I shall consider them afterwards.
Now it is a Fact, as certain as History can make it, that the present civil Constitution of England derives its Original from those Saxons who, coming over to the Assistance of the Britons in the Time of their King Vortigein, made themselves Masters of the Kingdom, and established a Form of Government in it similar to that they had been accustomed to live under in their native Country1; as similar, at least, as the Difference of their Situation and Circumstances would permit. This Government, like that from whence they came, was founded upon Principles of the most perfect Liberty: The conquered Lands were divided among the Individuals in Proportion to the Rank they held in the Nation2; and every Freeman, that is, every Freeholder, was a member of their Wittenagemot, of Parliament3. The other part of the Nation, or the Non-Proprietors of Land, were of little Estimation4. [8] They, as in Germany, were either slaves, were Hewers of Wood and Drawers of Water, or Freedmen; who, being of foreign Extraction, had been manumitted by their Masters, and were excluded from the high Privilege of having a Share in the Administration of the Commonwealth, unless they became Proprietors of Land (which they might obtain by Purchase or Donation) and in that Case they had a Right to sit with the Freemen, in the Parliament or sovereign Legislature of the State.
How long this Right of being personally present in the Parliament continued, or when the Custom of sending Representatives to this great Council of the Nation, was first introduced, cannot be determined with Precision; but let the Custom of Representation be introduced when it will, it is certain that every Freeman, or, which was the same Thing in the Eye of the Constitution, every Freeholder,5 had a Right to vote at the Election of Members of Parliament, and therefore might be said, with great Propriety, to be present in that Assembly, either in his own Person or by Representation. This Right of Election in the Freeholders is evident from the Statute 1st Hen. 5. Ch. 1st, which limits the Right of Election to those Freeholders only who are resident in the Counties the Day of the Date of the Writ of Election; but yet every resident Freeholder indiscriminately, let his Freehold be ever so small, had a Right to vote at the Election of Knights for his County so that they were actually represented; And this Right of Election continued until it was taken away by the Statute 8th Hen. 6. Ch. 7. from those Freeholders who had not a clear Freehold Estate of forty Shillings by the year at the least.
[9] Now this statute was deprivative of the Right of those Freeholders who came within the Description of it; but of what did it deprive them, if they were represented notwithstanding their Right of Election was taken from them? The mere Act of voting was nothing, of no Value, if they were represented as constitutionally without it as with it: But when by the fundamental Principles of the Constitution they were to be considered as Members of the Legislature, and as such had a Right to be present in Person, or to send their Procurators or Attornies, and by them to give their Suffrage in the supreme Council of the Nation, this Statute deprived them of an essential Right; a Right without which by the ancient Constitution of the State, all other Liberties were but a Species of Bondage.
As these Freeholders then were deprived of their Rights to substitute Delegates to Parliament, they could not be represented, but were placed in the same Condition with the Non-Proprietors of Land, who were excluded by the original Constitution from having any Share in the Legislature, but who, notwithstanding such Exclusion, are bound to pay Obedience to the Laws of Parliament, even if they should consist of nine Tenths of the People of Britain; but then the Obligation of these Laws does not arise from their being virtually represented in Parliament, but from a quite different Reason.
Men in a State of Nature are absolutely free and independent of one another as to sovereign Jurisdiction,6 but when they enter into a Society, and by their own [10] Consent become Members of it, they must submit to the Laws of the Society according to which they agree to be governed; for it is evident, by the very Act of Association, that each Member subjects himself to the Authority of that Body in whom, by common Consent, the legislative Power of the State is placed: But though they must submit to the Laws, so long as they remain Members of the Society, yet they retain so much of their natural Freedom as to have a Right to retire from the Society, to renounce the Benefits of it, to enter into another Society, and to settle in another Country; for their Engagements to the Society, and their Submission to the publick Authority of the State, do not oblige them to continue in it longer than they find it will conduce to their Happiness, which they have a natural Right to promote. This natural Right remains
