Soame Jenyns
The Objections to the taxation consider'd 1765
Soame Jenyns, a minor poet and a member of Parliament from 1741 to 1780,
was a member of the Board of Trade and Plantations when he wrote this pamphlet,
the full title of which was "The Objections to the Taxation of our American
Colonies by the Legislature of Great Britain, briefly consider'd." In his
excerpt he argues the case for Parliament's right to tax the colonies, and
states briefly the theory of virtual representation.
The right of the Legislature of Great-Britain to impose taxes on her American
Colonies, and the expedicocy of exerting that right in the present conjuncture,
are propositions so indisputably clear, that I should never have thought it
necessary to have undertaken their defence, had not many arguments been lately
flung out, both in papers and conversation, which with insolence equal to their
absurdity deny them both. As these are usually mixt up with several patriotic
and favorite words such as Liberty, Property, Englishmen, etc., which are apt to
make strong impressions on that more numerous part of makkind, who have ears but
no understanding, it will not, I think, be improper to give them some answers:
to this, therefore, I shall singly confine myself, and do it in as few words as
possible, being sensible that the fewest will give least trouble to myself and
probably most information to my reader.
The great capital argument, which I find on this subject, and which, like an
Elephant at the head of a Nobob's army, being once overthrown, must put the
whole into confusion, is this; that no Englishman is, or can be taxed, but by
his own consent: by which must be meant one of these three propositions; either
that no Englishman can be taxed without his own consent as an individual; or
that no Englishman can be taxed without the consent of the persons he chuses to
represent him; or that no Englishman can be taxed without the consent of the
majority of all those, who are elected by himself and others of his
fellow-subjects to represent them. Now let us impartially consider, whether any
one of these propositions are in fact true: if not, then this wonderful
structure which has been erected upon them, falls at once to the ground, and
like another Babel, perishes by a confusion of words, which the builders
themselves are unable to understand.
First then, that no Englishman is or can be taxed but by his own consent as an
individual: this is so far from being true, that it is the very reverse of
truth; for no man that I know of is taxed by his own consent; and an Englishman,
I believe, is as little likely to be so taxed, as any man in the world.
Secondly, that no Englishman is or can be taxed but by the consent of those
persons whom he has chose to represent him; for the truth of this I shall appeal
only to the candid representatives of those unfortunate counties which produce
cyder, and shall willingly acquiesce under their determination.
Lastly, that no Englishman is, or can be taxed, without the consent of the
majority of those, who are elected by himself, and others of his
fellow-subjects, to represent them. This is certainly as false as the other two;
for every Englishman is taxed, and not one in twenty represented: copyholders,
leaseholders, and all men possessed of personal property only, chuse no
representatives; Manchester, Birmingham, and many more of our richest and most
flourishing trading towns send no members to parliament, consequently cannot
consent by their representatives, because they chuse none to represent them; yet
are they not Englishmen? or are they not taxed?
I am well aware, that I shall hear Locke, Sidney, Selden, and many other great
names quoted to prove that every Englishman, whether he has a right to vote for
a representative, or not, is still represented in the British Parliament; in
which opinion they all agree: on what principle of common sense this opinion is
founded I comprehend not, but on the authority of such respectable names I shall
acknowledge its truth; but then I will ask one question, and on that I will rest
the whole merits of the cause: Why does not this imaginary representation extend
to America, as well as over the whole island of Great-Britain? If it can travel
three hundred miles, why not three thousand? if it can jump over rivers and
mountains, why cannot it sail over the ocean? If the towns of Manchester and
Birmingham sending no representatives to parliament, are notwithstanding there
represented, why are not the cities of Albany and Boston equally represented in
that assembly? Are they not alike British subjects? are they not Englishmen? or
are they only Englishmen when they sollicit for protection, but not Englishmen
when taxes are required to enable this country to protect them?
But it is urged, that the Colonies are by their charters placed under distinct
Governments, each of which has a legislative power within itself, by which alone
it ought to be taxed; that if this privilege is once given up, that liberty
which every Englishman has a right to, is torn from them, they are all slaves,
and all is lost.
The liberty of an Englishman, is a phrase of so various a signification, having
within these few years been used as a synonymous term for blasphemy, bawdy,
treason, libels, strong beer, and cyder, that I shall not here presume to define
its meaning; but I shall venture to assert what it cannot mean; that is, an
exemption from taxes imposed by the authority of the Parliament of Great
Britain; nor is there any charter, that ever pretended to grant such a privilege
to any colony in America; and had they granted it, it could have had no force;
their charters heing derived from the Crown, and no charter from the Crown can
possibly supersede the right of the whole legislature: their charters are
undoubtedly no more than those of all corporations, which impower them to make
byelaws, and raise duties for the purposes of their own police, for ever subject
to the superior authority of parliament; and in some of their charters, the
manner of exercising these powers is specified in these express words,
"according to the course of other corporations in Great-Britain": and therefore
they can have no more pretence to plead an exemption from this parliamentary
authority, than any other corporation in England.
It has been moreover alleged, that, though Parliament may have power to impose
taxes on the Colonies, they have no right to use it, because it would be an
unjust tax; and no supreme or legislative power can have a right to enact any
law in its nature unjust: to this, I shall only make this short reply, that if
Parliament can impose no taxes but what are equitable, and the persons taxed are
to be the judges of that equity, they will in effect have no power to lay any
tax at all. No tax can be imposed exactly equal on all, and if it is not equal,
it cannot be just: and if it is not just, no power whatever can impose it; by
which short syllogism, all taxation is at an end; but why it should not be used
by Englishmen on this side the Atlantic, as well as by those on the other, I do
not comprehend. . .