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.