f this spirit of American liberty
be, for the greater part, or rather entirely, impracticable,--if the
ideas of criminal process be inapplicable, or, if applicable, are in the
highest degree inexpedient, what way yet remains? No way is open, but
the third and last,--to comply with the American spirit as necessary,
or, if you please, to submit, to it as a necessary evil.
If we adopt this mode, if we mean to conciliate and concede, let us see
of what nature the concession ought to be. To ascertain the nature of
our concession, we must look at their complaint. The colonies complain
that they have not the characteristic mark and seal of British freedom.
They complain that they are taxed in a Parliament in which they are not
represented. If you mean to satisfy them at all, you must satisfy them
with regard to this complaint. If you mean to please any people, you
must give them the boon which they ask,--not what you may think better
for them, but of a kind totally different. Such an act may be a wise
regulation, but it is no concession; whereas our present theme is the
mode of giving satisfaction.
Sir, I think you must perceive that I am resolved this day to have
nothing at all to do with the question of the right of taxation. Some
gentlemen startle,--but it is true: I put it totally out of the
question. It is less than nothing in my consideration. I do not indeed
wonder, nor will you, Sir, that gentlemen of profound learning are fond
of displaying it on this profound subject. But my consideration is
narrow, confined, and wholly limited to the policy of the question. I do
not examine whether the giving away a man's money be a power excepted
and reserved out of the general trust of government, and how far all
mankind, in all forms of polity, are entitled to an exercise of that
right by the charter of Nature,--or whether, on the contrary, a right of
taxation is necessarily involved in the general principle of
legislation, and inseparable from the ordinary supreme power. These are
deep questions, where great names militate against each other, where
reason is perplexed, and an appeal to authorities only thickens the
confusion: for high and reverend authorities lift up their heads on both
sides, and there is no sure footing in the middle. This point is the
_great Serbonian bog, betwixt Damiata and Mount Casius old, where armies
whole have sunk_. I do not intend to be overwhelmed in that bog, though
in such respectable company.
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