LORD MANSFIELD.

ON THE RIGHT OF ENGLAND TO TAX AMERICA. HOUSE OF LORDS, FEBRUARY 3,

1766.

The discussion, of which the speech of Pitt already given, formed a

part, came up on the adoption of the motion declaring the right of

England to tax America,—a motion accompanying the bill repealing the

Stamp Act. The motion was strenuously opposed, not only by Pitt in

the House of Commons, but also by Lord Camden in the House of Lords.

Camden said: “In my opinion, my Lords, the legislature have no right

to make this law. The sovereign authority, the omnipotence of the

legislature is a favorite doctrine; but there are some things which

you cannot do. You cannot take away a man’s property, without making

him a compensation. You have no right to condemn a man by bill of

attainder without hearing him. But, though Parliament cannot take

away a man’s property, yet every subject must make contributions, and

this he consents to do by his representative. Notwithstanding the

King, Lords, and Commons could in ancient times tax other people,

they could not tax the clergy.” Lord Camden then went on to show at

length, that the counties palatine of Wales and of Berwick, were

never taxed till they were represented in Parliament. The same was

true, he said, of Ireland; and the same doctrines should prevail in

regard to America. It was in answer to Lord Camden that the following

speech of Lord Mansfield was made.

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