SOME OLD-FASHIONED PRINCIPLES

There has been an effort, lately, to show that when our fathers said,

"Taxation without representation is tyranny," they referred not to personal

liberties, but to the freedom of a state from foreign power. It is

fortunate that this criticism has been made, for it has led to a more

careful examination of passages; and this has made it clear, beyond

dispute, that the Revolutionary patriots carried their statements more into

detail than is generally supposed, and affirmed their principles for

individuals, not merely for the state as a whole.

In that celebrated pamphlet by James Otis, for instance, published as early

as 1764, "The Rights of the Colonies Vindicated," he thus clearly lays down

the rights of the individual as to taxation:--

"The very act of taxing, exercised over those who are not

represented, appears to me to be depriving them of one of their most

essential rights as freemen; and, if continued, seems to be, in

effect, an entire disfranchisement of every civil right. For what

one civil right is worth a rush, after a man's property is subject

to be taken from him at pleasure, without his consent? If a man is

not his own assessor, in person or by deputy, his liberty is gone,

or he is entirely at the mercy of others." [1]

This fine statement has already done duty for liberty, in another contest;

for it was quoted by Mr. Sumner in his speech of March 7, 1866, with this

commentary:--

"Stronger words for universal suffrage could not be employed. His

argument is that if men are taxed without being represented, they

are deprived of essential rights; and the continuance of this

deprivation despoils them of every civil right, thus making the

latter depend upon the right of suffrage, which by a neologism of

our day is known as a political right instead of a civil right.

Then, to give point to this argument, the patriot insists that in

determining taxation, 'every man must be his own assessor, in person

or by deputy,' without which his liberty is entirely at the mercy of

others. Here, again, in a different form, is the original

thunderbolt, 'Taxation without representation is tyranny;' and the

claim is made not merely for communities, but for 'every man.'"

In a similar way wrote Benjamin Franklin, some six years after, in that

remarkable sheet found among his papers, and called "Declaration of those

Rights of the Commonalty of Great Britain, without which they cannot be

free." The leading propositions were these three:--

"That every man of the commonalty (excepting infants, insane

persons, and criminals) is of common right and by the laws of God a

freeman, and entitled to the free enjoyment of liberty. That

liberty, or freedom, consists in having an actual share in the

appointment of those who frame the laws, and who are to be the

guardians of every man's life, property, and peace; for the all of

one man is as dear to him as the all of another; and the poor man

has an equal right, but more need, to have representatives in the

legislature than the rich one. That they who have no voice nor vote

in the electing of representatives do not enjoy liberty, but are

absolutely enslaved to those who have votes, and to their

representatives; for to be enslaved is to have governors whom other

men have set over us, and be subject to laws made by the

representatives of others, without having had representatives of our

own to give consent in our behalf."[2]

In quoting these words of Dr. Franklin, one of his biographers feels moved

to add, "These principles, so familiar to us now and so obviously just,

were startling and incredible novelties in 1770, abhorrent to nearly all

Englishmen, and to great numbers of Americans." Their fair application is

still abhorrent to a great many; or else, not willing quite to deny the

theory, they limit the application by some such device as "virtual

representation." Here, again, James Otis is ready for them; and Charles

Sumner is ready to quote Otis, as thus:--

"No such phrase as virtual representation was ever known in law or

constitution. It is altogether a subtlety and illusion, wholly

unfounded and absurd. We must not be cheated by any such phantom, or

any other fiction of law or politics, or any monkish trick of deceit

or blasphemy."

These are the sharp words used by the patriot Otis, speaking of those who

were trying to convince American citizens that they were virtually

represented in Parliament Sumner applied the same principle to the

freedmen: it is now applied to women. "Taxation without representation is

tyranny." "Virtual representation is altogether a subtlety and illusion,

wholly unfounded and absurd." No ingenuity, no evasion, can give any escape

from these plain principles. Either you must revoke the maxims of the

American Revolution, or you must enfranchise woman. Stuart Mill well says

in his autobiography, "The interest of woman is included in that of man

exactly as much (and no more) as that of subjects in that of kings."

[Footnote 1: Otis, _Rights of the Colonies_, p. 58.]

[Footnote 2: Sparks's _Franklin_, ii. 372.]

Women and the Alphabet: A Series of Essays · 第 83 / 113 题