The New Hampshire Gazette And Historical Chronicle

To Mr. Fowler,

Having lately seen in your useful Gazette Some Strictures on the Right of Representation before Taxation, I have been insensibly led into a Train of Thoughts on this very important Matter; important not only from its being very essential to the Peace and Happiness of a People, but without it the Constitution is evidently imperfect; I am greatly amazed that we have been so long silent, so void of Thought, and so remiss in supporting this great and interesting Privilege, till within a few Years past; but I submit, and can only attribute it to an over ruling Providence, who will take his own Time, and use his own Instruments to accomplish his wise and grand Purposes: He hath given us Light, but would not suffer us to see, or pry into the secret Mysteries of his Providence. Americans are at length brought out of Darkness into Light, even the Peasants know; and are become versed in the Nature and Constitution of Government: no Impositions, no Subsidies, no Taxes can be imposed upon them without a regular and minute Disquisition into the particular Appropriation of such Taxes. The memorable Stamp Act founded the Alarm to America, an Act made without our Consent, by the Parliament of Great-Britain for the sole Purpose of filching a Revenue for the Support of Crown and ministerial Dependants: Many other detested Acts have been framed and enacted for the same Purpose, but from their being anti-commercial, have been repealed, some are still continued to be in force, and evidently intended to keep up and support the Right of taxing the Americans, who have in the most solemn Manner denied and disavowed that Right as being illegal, unjust, and totally unconstitutional; this general Knowledge has been productive of many happy Consequences; but the Harvest is not yet all gathered, there is still a Field for great Improvements; we must not be content with knowing the Nature of the Constitution, (tho I confess that Knowledge is a great Acquisition,) we must nevertheless be in the actual Possession of our Rights and glory in that Possession, and so tenacious of them as not to surrender them to any Power on Earth: But here let me pause; are all the People of this Province in Possession of their legal Rights? No, it is too true they are not, at least one Third of them are taxed without a Representation; In what then are we to boast? surely only a Right without the Use of it, but why are these things so, and to whose Neglect shall we charge this Grievance? To ourselves alone, Petitions it is true have been preferred to the Governor and Council, for this Purpose, but have been dismissed; not with any malevolent or interested Intentions, as has been suggested; it appearing that there were many Towns entitled to the Privilege of Representation, and that a more general one was really necessary; they thought that, previous to the issuing of his Majesty's Writs to any more Towns, there should be an Act of the Legislature in Addition to a former Act, to provide for the Support of the House of Representatives, by obliging every Town that sends a Member, to pay for his Support; if the Representation was to be paid out of the Province Treasury, the Expence would be very unequally borne; and after the Admission of such Members, it would be very difficult, if not impracticable ever afterwards to obtain a Vote of the House, for the Payment of their Members otherways than out of the public Treasury. These I presume to think were the Secret Motives that prevailed for the Dimission of the Petitions; however, that may be, as a general Representation of the Province is not only consonant to Equity and Justice, but is the inherent and natural Right of the Subject, and without it, no provincial Taxes are or can be legally assessed or collected, it is hoped that every Obstacle to this just Claim may be removed, and that the additional Act for the Payment of Representatives may be immediately made: it will then be known where the Impediment remains. I cannot deny, but that there are many Towns which justly complain, and I should not be surprised if they absolutely refused the Payment of any provincial Taxes; but yet I would recommend a more condescending Behaviour; and seek a Redress in a constitutional Manner, by Memorials and Remonstrances; and there is not the least Reason to doubt, but that the Governor and Council will be disposed to support the Rights of the Subjects; I know of no Instance wherein they have ever invaded our Privileges; and to suppose the contrary now, is without Foundation, and absurd.-- There is one Thing necessary to be observed by us in Respect to this Right of Representation: Our Constitution is different from a charter or Proprietary Government; in short, we have only President Cutts's Commission for our Model, and we are more destitute of Franchises and Privileges than any other Government on the Continent: but we are entitled to the natural Rights: and there is none stronger, than a Right of Representation before Taxation. Sir William Jones, Attorney General to James the 2d, told the King, "That he could no more grant a Commission to levy Money on his Subjects in the Plantations, without their Consent by an Assembly, than they could discharge themselves from their Allegiance." Here Representation appears to be a natural Right. & coequal with Allegiance; than which no Terms can be stronger to express that Right: We have one Thing to fear, the King claims an absolute Power to send his Writs to such new Towns as he pleases, without the Concurrence of the Assembly: and if they should in any Manner interfere with the Prerogative, the Governor no doubt has Instructions to non-concur every Proceeding thereon by Assembly. But if any should be denied by the Crown to be admitted to this Privilege, I am clearly of Opinion with the aforementioned Attorney-General, That the Assembly can no more legally tax such unrepresented Towns, towards the Support of Government, than such Towns can legally deny Obedience to any Laws of the Province. Upon a whole View of our present Affairs. I foresee some Difficulties will arise. but I choose to anticipate the Event, rather than further explain myself, hoping I am out in my Politicks; but I do nevertheless assert it. that Representation is almost the first Law of Nature, and that Taxation without it, is contrary to common Sense, the Reason of Things, and public Justice; and I conclude with the Observations of that great Man Lord Camden, in a Parliamentary Speech. "My Position is this, I repeat it, I will maintain it to my last Hour, Taxation and Representation are inseparable. this Position is founded on the Laws of Nature. it is itself an ETERNAL LAW OF NATURE."

CAMILLUS,