No Taxation Without Representation

No Taxation Without Representation: Three Letters of 1754 to Governor William Shirley, with a Preface of 1766

To the PRINTER of the LONDON CHRONICLE.

SIR,

In July 1754, when from the encroachments of the French in America on the lands of the crown, and the interruption they gave to the commerce of this country among the Indians, a war was apprehended, commissioners from a number of the colonies met at Albany, to form a PLAN OF UNION for their common defence. The plan they agreed to was in short this; `That a grand council should be formed, of members to be chosen by the assemblies and sent from all the colonies; which council, together with a governor general to be appointed by the crown, should be empowered to make general laws to raise money in all the colonies for the defence of the whole.’ This plan was sent to the government here for approbation: had it been approved and established by authority from hence, English America thought itself sufficiently able to cope with the French, without other assistance; several of the colonies having alone in former wars withstood the whole power of the enemy, unassisted not only by the mother country, but by any of the neighbouring provinces. The plan however was not approved here: but a new one was formed instead of it, by which it was proposed, that `the Governors of all the colonies, attended by one or two members of their respective councils, should assemble, concert measures for the defence of the whole, erect forts where they judged proper, and raise what troops they thought necessary, with power to draw on the treasury here for the sums that should be wanted; and the treasury to be reimbursed by a tax laid on the colonies by act of parliament.’ This new plan being communicated by Governor Shirley to a gentleman of Philadelphia, then in Boston, (who hath very eminently distinguished himself, before and since that time, in the literary world, and whose judgment, penetration and candor, as well as his readiness and ability to suggest, forward, or carry into execution every scheme of publick utility, hath most deservedly endeared him not only to our fellow subjects throughout the whole continent of North-America, but to his numberless friends on this side the Atlantic) occasioned the following remarks from him, which perhaps may contribute in some degree to its being laid aside. As they very particularly show the then sentiments of the Americans on the subject of a parliamentary tax, before the French power in that country was subdued, and before the late restraints on their commerce, they satisfy me, and I hope they will convince your readers, contrary to what has been advanced by some of your correspondents, that those particulars have had no share in producing the present opposition to such a tax, nor in the disturbances occasioned by it; which these papers indeed do almost prophetically foretell. For this purpose, having accidentally fallen into my hands, they are communicated to you by one who is, not partially, but in the most enlarged sense,

A LOVER OF BRITAIN.

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SIR, Tuesday Morning.

“I return the loose sheets of the plan, with thanks to your Excellency for communicating them.

“I apprehend, that excluding the People of the Colonies from all share in the choice of the Grand Council, will give extreme dissatisfaction, as well as the taxing them by Act of Parliament, where they have no Representative. It is very possible, that this general Government might be as well and faithfully administer’d without the people, as with them; but where heavy burthens are to be laid on them, it has been found useful to make it, as much as possible, their own act; for they bear better when they have, or think they have some share in the direction; and when any public measures are generally grievous or even distasteful to the people, the wheels of Government must move more heavily.”

December 3, 1754

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Sir, Boston. December 4. 1754

I mention’d it Yesterday to your Excellency as my Opinion, that Excluding the People of the Colonies from all Share in the Choice of the Grand Council would probably give extreme Dissatisfaction, as well as the Taxing them by Act of Parliament where they have no Representative. In Matters of General Concern to the People, and especially where Burthens are to be laid upon them, it is of Use to consider as well what they will be apt to think and say, as what they ought to think: I shall, therefore, as your Excellency requires it of me, briefly mention what of either Kind occurs at present, on this Occasion.

First, they will say, and perhaps with Justice, that the Body of the People in the Colonies are as loyal, and as firmly attach’d to the present Constitution and reigning Family, as any Subjects in the King’s Dominions; that there is no Reason to doubt the Readiness and Willingness of their Representatives to grant, from Time to Time, such Supplies, for the Defence of the Country, as shall be judg’d necessary, so far as their Abilities will allow: That the People in the Colonies, who are to feel the immediate Mischiefs of Invasion and Conquest by an Enemy, in the Loss of their Estates, Lives and Liberties, are likely to be better Judges of the Quantity of Forces necessary to be raised and maintain’d, Forts to be built and supported, and of their own Abilities to bear the Expence, than the Parliament of England at so great a Distance. That Governors often come to the Colonies meerly to make Fortunes, with which they intend to return to Britain, are not always Men of the best Abilities and Integrity, have no Estates here, nor any natural Connections with us, that should make them heartily concern’d for our Welfare; and might possibly be sometimes fond of raising and keeping up more Forces than necessary, from the Profits accruing to themselves, and to make Provision for their Friends and Dependents. That the Councellors in most of the Colonies, being appointed by the Crown, on the Recommendation of Governors, are often of small Estates, frequently dependant on the Governors for Offices, and therefore too much under Influence. That there is therefore great Reason to be jealous of a Power in such Governors and Councils, to raise such Sums as they shall judge necessary, by Draft on the Lords of the Treasury, to be afterwards laid on the Colonies by Act of Parliament, and paid by the People here; since they might abuse it, by projecting useless Expeditions, harrassing the People, and taking them from their Labour to execute such Projects, and meerly to create Offices and Employments, gratify their Dependants and divide Profits. That the Parliament of England is at a great Distance, subject to be misinform’d by such Governors and Councils, whose united Interests might probably secure them against the Effect of any Complaints from hence. That it is suppos’d an undoubted Right of Englishmen not to be taxed but by their own Consent given thro’ their Representatives. That the Colonies have no Representatives in Parliament. That to propose taxing them by Parliament, and refusing them the Liberty of chusing a Representative Council, to meet in the Colonies, and consider and judge of the Necessity of any General Tax and the Quantum, shews a Suspicion of their Loyalty to the Crown, or Regard for their Country, or of their Common Sense and Understanding, which they have not deserv’d. That compelling the Colonies to pay Money without their Consent would be rather like raising Contributions in an Enemy’s Country, than taxing of Englishmen for their own publick Benefit. That it would be treating them as a conquer’d People, and not as true British Subjects. That a Tax laid by the Representatives of the Colonies might easily be lessened as the Occasions should lessen, but being once laid by Parliament, under the Influence of the Representations made by Governors, would probably be kept up and continued, for the Benefit of Governors, to the grievous Burthen and Discouragement of the Colonies, and preventing their Growth and Increase. That a Power in Governors to march the Inhabitants from one End of the British and French Colonies to the other, being a Country of at least 1500 Miles square, without the Approbation or Consent of their Representatives first obtain’d to such Expeditions, might be grievous and ruinous to the People, and would put them on a Footing with the Subjects of France in Canada, that now groan under such Oppression from their Governor, who for two Years past has harrass’d them with long and destructive Marches to the Ohio. That if the Colonies in a Body may be well governed by Governors and Councils appointed by the Crown, without Representatives, particular Colonies may as well or better be so governed; a Tax may be laid on them all by Act of Parliament, for Support of Government, and their Assemblies be dismiss’d as a useless Part of their Constitution. That the Powers propos’d, by the Albany Plan of Union to be vested in a Grand Council representative of the People, even with Regard to Military Matters, are not so great as those the Colonies of Rhode-Island and Connecticut are intrusted with, and have never abused; for by this Plan the President-General is appointed by the Crown, and controlls all by his Negative; but in those Governments the People chuse the Governor, and yet allow him no Negative. That the British Colonies, bordering on the French, are properly Frontiers of the British Empire; and that the Frontiers of an Empire are properly defended at the joint Expence of the Body of People in such Empire. It would now be thought hard, by Act of Parliament, to oblige the Cinque Ports or Sea Coasts of Britain to maintain the whole Navy, because they are more immediately defended by it, not allowing them, at the same Time, a Vote in chusing Members of Parliament: And if the Frontiers in America must bear the Expence of their own Defence, it seems hard to allow them no Share in Voting the Money, judging of the Necessity and Sum, or advising the Measures. That besides the Taxes necessary for the Defence of the Frontiers, the Colonies pay yearly great Sums to the Mother Country unnotic’d: For Taxes, paid in Britain by the Land holder or Artificer, must enter into and increase the Price of the Produce of Land, and of Manufactures made of it; and great Part of this is paid by Consumers in the Colonies, who thereby pay a considerable Part of the British Taxes. We are restrain’d in our Trade with Foreign Nations, and where we could be supplied with any Manufactures cheaper from them, but must buy the same dearer from Britain, the Difference of Price is a clear Tax to Britain. We are oblig’d to carry great Part of our Produce directly to Britain, and where the Duties there laid upon it lessens its Price to the Planter, or it sells for less than it would in Foreign Markets, the Difference is a Tax paid to Britain. Some Manufactures we could make, but are forbid, and must take them of British Merchants; the whole Price of these is a Tax paid to Britain. By our greatly increasing the Consumption and Demand of British Manufactures, their Price is considerably rais’d of late Years; the Advance is clear Profit to Britain, and enables its People better to pay great Taxes; and much of it being paid by us is clear Tax to Britain. In short, as we are not suffer’d to regulate our Trade, and restrain the Importation and Consumption of British Superfluities, (as Britain can the Consumption of Foreign Superfluities) our whole Wealth centers finally among the Merchants and Inhabitants of Britain, and if we make them richer, and enable them better to pay their Taxes, it is nearly the same as being taxed ourselves, and equally beneficial to the Crown. These Kind of Secondary Taxes, however, we do not complain of, tho’ we have no Share in the Laying or Disposing of them; but to pay immediate heavy Taxes, in the Laying Appropriation or Disposition of which, we have no Part, and which perhaps we may know to be as unnecessary as grievous, must seem hard Measure to Englishmen, who cannot conceive, that by hazarding their Lives and Fortunes in subduing and settling new Countries, extending the Dominion and encreasing the Commerce of their Mother Nation, they have forfeited the native Rights of Britons, which they think ought rather to have been given them, as due to such Merit, if they had been before in a State of Slavery.

These, and such Kind of Things as these, I apprehend will be thought and said by the People, if the propos’d Alteration of the Albany Plan should take Place. Then, the Administration of the Board of Governors and Council so appointed, not having any Representative Body of the People to approve and unite in its Measures, and conciliate the Minds of the People to them, will probably become suspected and odious. Animosities and dangerous Feuds will arise between the Governors and Governed, and every Thing go into confusion. Perhaps I am too apprehensive in this Matter, but having freely given my Opinion and Reasons, your Excellency can better judge whether there be any Weight in them. And the Shortness of the Time allow’d me will I hope, in some Degree, excuse the Imperfections of this Scrawl.

With the greatest Respect and Fidelity, I am,
Your Excellency’s most obedient
and most humble Servant.

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SIR, Boston, Dec. 22, 1754.

“Since the conversation your Excellency was pleased to honour me with, on the subject of uniting the Colonies more intimately with Great Britain, by allowing them Representatives in Parliament, I have something further considered that matter, and am of opinion, that such an Union would be very acceptable to the Colonies, provided they had a reasonable number of Representatives allowed them; and that all the old Acts of Parliament restraining the trade or cramping the manufactures of the Colonies, be at the same time repealed, and the British Subjects on this side the water put, in those respects, on the same footing with those in Great Britain, ’till the new Parliament, representing the whole, shall think it for the interest of the whole to reenact some or all of them: It is not that I imagine so many Representatives will be allowed the Colonies, as to have any great weight by their numbers; but I think there might be sufficient to occasion those laws to be better and more impartially considered, and perhaps to overcome the private interest of a petty corporation, or of any particular set of artificers or traders in England, who heretofore seem, in some instances, to have been more regarded than all the Colonies, or than was consistent with the general interest, or best national good. I think too, that the government of the Colonies by a Parliament, in which they are fairly represented, would be vastly more agreeable to the people, than the method lately attempted to be introduced by Royal Instructions, as well as more agreeable to the nature of an English Constitution, and to English Liberty; and that such laws as now seem to bear hard on the Colonies, would (when judged by such a Parliament for the best interest of the whole) be more chearfully submitted to, and more easily executed.

“I should hope too, that by such an union, the people of Great Britain and the people of the Colonies would learn to consider themselves, not as belonging to different Communities with different Interests, but to one Community with one Interest, which I imagine would contribute to strengthen the whole, and greatly lessen the danger of future separations.

“It is, I suppose, agreed to be the general interest of any state, that it’s people be numerous and rich; men enow to fight in its defence, and enow to pay sufficient taxes to defray the charge; for these circumstances tend to the security of the state, and its protection from foreign power: But it seems not of so much importance whether the fighting be done by John or Thomas, or the tax paid by William or Charles: The iron manufacture employs and enriches British Subjects, but is it of any importance to the state, whether the manufacturers live at Birmingham or Sheffield, or both, since they are still within its bounds, and their wealth and persons at its command? Could the Goodwin Sands be laid dry by banks, and land equal to a large country thereby gain’d to England, and presently filled with English Inhabitants, would it be right to deprive such Inhabitants of the common privileges enjoyed by other Englishmen, the right of vending their produce in the same ports, or of making their own shoes, because a merchant, or a shoemaker, living on the old land, might fancy it more for his advantage to trade or make shoes for them? Would this be right, even if the land were gained at the expence of the state? And would it not seem less right, if the charge and labour of gaining the additional territory to Britain had been borne by the settlers themselves? And would not the hardship appear yet greater, if the people of the new country should be allowed no Representatives in the Parliament enacting such impositions? Now I look on the Colonies as so many Counties gained to Great Britain, and more advantageous to it than if they had been gained out of the sea around its coasts, and joined to its land: For being in different climates, they afford greater variety of produce, and materials for more manufactures; and being separated by the ocean, they increase much more its shipping and seamen; and since they are all included in the British Empire, which has only extended itself by their means; and the strength and wealth of the parts is the strength and wealth of the whole; what imports it to the general state, whether a merchant, a smith, or a hatter, grow rich in Old or New England? And if, through increase of people, two smiths are wanted for one employed before, why may not the new smith be allowed to live and thrive in the new Country, as well as the old one in the Old? In fine, why should the countenance of a state be partially afforded to its people, unless it be most in favour of those, who have most merit? and if there be any difference, those, who have most contributed to enlarge Britain’s empire and commerce, encrease her strength, her wealth, and the numbers of her people, at the risque of their own lives and private fortunes in new and strange countries, methinks ought rather to expect some preference.

“With the greatest respect and esteem I have the honour to be
Your Excellency’s most obedient
and most humble servant.”

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The London Chronicle, February 8, 1766