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Main currents in American thought An interpretation of American literature from the beginnings to 1920

Vernon Louis Parrington

But John Dickinson remained always the lawyer. The English political thinkers of the seventeenth century scarcely touched the fringe of his mind. In consequence his writings are a long constitutional argument. He rarely refers to political authorities. The philosophy of Locke--whom he had read--is largely ignored, and Hume--“this great man whose political speculations are so much admired”--is quoted only in support of a constitutional interpretation. “The constitutional modes of relief are those I wish to see pursued on the present occasion,” he insisted in reply to the natural-rights advocates, and the attitude is eloquent of the man. This scrupulous legalism he carried to such lengths that when the new constitution for Pennsylvania was adopted he refused to take office under it because he doubted the legality of the convention that framed it. With such temperament and training Dickinson would seem to have had the making of an excellent Tory in him. What cause had he to quarrel with Great Britain, and why should he have risked his lot with the party of protest? It was not because he denied the ministerial theory of parliamentary sovereignty in America, for he acknowledged both the fact and the necessity for such sovereignty: He, who considers these provinces as states distinct from the _British Empire_, has very slender notions of _justice_, or of their _interests_. We are but parts of a _whole_ and therefore there must exist a power somewhere to preside, and preserve the connection in due order. This power is lodged in the parliament; and we are as much dependent on _Great-Britain_ as a perfectly free people can be on another.[245] Nor was it because of old trade grievances--shipping restrictions, the spying of customs officers, prohibitions laid on manufactures, and the like. He accepted without challenge the English mercantile view of the economic relations of colonies to the mother country, and he professed to see in existing trade regulations only the incidental and necessary burdens of a system both salutary and just; he had no protest to urge against the principle of the Navigation Acts. Colonies have been settled by the nations of _Europe_ for the purposes of trade. These purposes were to be attained, by the colonies raising for their mother country those things which she did not produce herself; and by supplying themselves from her with things they wanted. These were the _national objects_, in the commencement of our colonies, and have been uniformly so in their promotion.... The parent country, with undeviating prudence and virtue, attentive to the first principles of colonization, drew to herself the benefits she might reasonably expect, and preserved to her children the blessings, on which those benefits were founded. She made laws, obliging her colonies to carry to her all those products which she wanted for her own use; and all those raw materials which she chose herself to work up. Besides this restriction, she forbad them to procure _manufactures_ from any other part of the globe, or even the _products_ of _European_ countries, which alone could rival her, without first being brought to her. In short, by a variety of laws, she regulated their trade in such a manner as she thought most conducive to their mutual advantage, and her own welfare.[246] Not only did Dickinson concede to the mother country the right to regulate the entire system of colonial trade and industry to the primary advantage of British merchants, even going so far as to justify it by a false historical explanation of the rise of the colonies; not only did he profess to believe that such regulation had been exercised in a spirit of unselfish concern for the well-being of the empire; but he professed a faith in the King and the English people that suggests Hutchinson and Bernard. Consider such naïve adulation as the following: We have an excellent prince, in whose good dispositions towards us we may confide. We have a generous, sensible and humane nation, to whom we may apply. They may be deceived. They may, by artful men, be provoked to anger against us. I cannot believe they will be cruel or unjust; or that their anger will be implacable. Let us behave like dutiful children, who have received unmerited blows from a beloved parent. Let us complain to our parent; but let our complaints speak at the same time the language of affliction and veneration.[247] With so much conceded, what ground of serious quarrel remained? What was there to justify an American protest against the parliamentary program? Nothing less than the vital principle of taxation. In this matter the ministerial policy overrode the fundamental tenet of Whiggery. The situation was critical, for if the Tories denied the validity of the Whiggish principle in dealing with the colonies, they might deny it at home and the old battle of 1688 must be fought over. The right of control of the public purse by a chamber in which the property owners were represented, and which they would dominate, was a principle too vital to be yielded, and the English Whigs in Parliament, led by Pitt and Camden, took vigorous issue with the ministerial tax proposals. To American Whigs the proposed innovation was a calamity. To suffer control of the American purse to pass out of their hands into those of a group beyond their reach meant a return to a system of Tory spoliation; it meant that property and the rule of property in America were threatened. To the colonial Whig the constitutional representative chamber could be no other than the assembly of the commonwealth of which he was a taxpayer. The English Parliament was alien if not hostile to his interests; and if the right of imposing taxes upon the colonies were held to lie in this overseas body, the colonials would find themselves in the identical position of their ancestors of the days of King Charles. No longer masters of their property, they would not be a free people. All this John Dickinson understood perfectly, and as a large property owner he hastened to the defense of the principle of self-taxation. He proposed to show that the policy of the ministry, in advancing the new tax program, was a usurpation of power and a violation of the constitutional rights of American property owners; and that as such it should be resisted on constitutional grounds. This is the burden of the celebrated _Letters from a Pennsylvania Farmer_. In arguing their case the American debaters were embarrassed by a long series of precedents which seemed to prove that Parliament possessed sovereignty over the colonies; that such sovereignty had in fact been repeatedly acknowledged; and that a hundred years of fiscal legislation, unchallenged heretofore, had clearly established the parliamentary right of taxation. To this difficult point Dickinson directed his argument. The real point at issue, he contended, lay in the fundamental distinction between a tax and an imposition; Parliament possessed the constitutional right to impose the latter, but not the former. An imposition, he pointed out, is a fiscal arrangement made by the proper representatives, primarily “for the regulation of trade,” and with a view to the general interests of the whole; whereas a tax is a “gift of the people to the crown, to be employed for public uses.” The one is regulatory in intent, imposed in a paternal spirit; and though the result may lessen or increase the opportunity of the individual or the community to acquire property, it does not take away what has already been got; whereas a tax reaches into the pocket of the individual and takes from him what belongs to him alone. Unless the subject “give and grant of his own free will,” such a tax had long been held unconstitutional. Of necessity, every tax must be internal, and since by their charter governments the colonies were granted the right to impose “internal taxes,” Parliament has no right to impose them. A “+TAX+” means an imposition to raise money. Such persons therefore as speak of _internal_ and external “+TAXES+,” I pray may pardon me, if I object to that expression, as applied to the privileges and interests of these colonies. There may be _internal_ and _external_ +IMPOSITIONS+, founded on _different principles_, and having _different tendencies_, every “tax” being an imposition, tho’ every imposition is not a “tax.” But _all taxes_ are founded on the same _principles_; and have the _same tendency_. External impositions, for the regulation of our trade, do not “grant to his Majesty _the property of the colonies_.” They only _prevent the colonies acquiring property_, in things not necessary, in a manner judged to be injurious to the welfare of the whole empire. But the last statute respecting us, “grants to his Majesty _the property of the colonies_,” by laying duties on the manufactures of _Great-Britain_ which they +MUST+ take, and which she settled on them, on purpose that they +SHOULD+ take. What _tax_ can be more internal than this? Here is money drawn, _without their consent_, from a society, who have constantly enjoyed a constitutional mode of raising all money among themselves.[248] This line of argument was not original with Dickinson. It had earlier been elaborated by Daniel Dulany of Maryland, in an able pamphlet,[249] which had provided argument to Pitt for his speech on the repeal of the Stamp Act.[250] Dickinson in turn quoted from Pitt’s speech in support of his position.[251] How intimate was the connection between English and American Whigs, and how like was their reasoning, is made clear from a passage of a later speech by Pitt which Dickinson quoted in the preface to a collected edition of his works issued in 1801: This universal opposition to your arbitrary system of taxation, might have been foreseen; it was obvious from the nature of things, and from the nature of man, and _above all_ ... from the spirit of +WHIGGISM+ flourishing in _America_. The spirit which _now_ pervades _America_, is _the same_ which formerly opposed loans, benevolences, and ship-money in this country; is _the same spirit_ which roused all _England_ to action at the revolution, and which established at a remote era, your liberties, on the basis of that grand fundamental maxim of the constitution, that no subject of _England_ shall be taxed, but by his own consent. To maintain this principle, is the _common cause_ of the +WHIGS+, on the other side of the _Atlantic_, and on this. _It is liberty to liberty engaged._ In this great cause they are immoveably allied. It is the alliance of _God_ and _nature_, immutable, eternal, fixed as the firmament of heaven. As an _Englishman_, I recognize to the _Americans_, their supreme unalterable right of property. As an _American_, I would equally recognize to _England_, her supreme right of regulating commerce and navigation. This distinction is involved in the abstract nature of things; property is private, individual, absolute: the touch of another annihilates it. Trade is an extended and complicated consideration; it reaches as far as ships can sail, or winds can blow; it is a vast and various machine. To regulate the numberless movements of its several parts, and combine them into one harmonious effect, for the good of the whole, requires the superintending wisdom and energy of the supreme power of the empire. On this grand practical distinction, then, let us rest: taxation is theirs, commercial regulation is ours. As to metaphysical refinements, attempting to shew, that the _Americans_ are equally free from legislative controul, and