’ Essays 115
Q. Don't you know that there is in the Pennsyl-
vania charter an express reservation of the right of
Parliament to lay taxes there?
A. I know there is a clause in the charter by
which the King grants that he will levy no taxes on
the inhabitants, unless it be with the consent of the
assembly or by act of Parliament.
Q. How, then, could the assembly of Pennsyl-
vania assert that laying a tax on them by the Stamp
Act was an infringement of their rights?
A. They understand it thus: by the same charter,
and otherwise, they are entitled to all privileges
and liberties of Englishmen. They find in the Great
Charters and the Petition and Declaration of Rights
that one of the privileges of English subjects is, that
they are not to be taxed but by their common con-
sent. They have, therefore, relied upon it from the
first settlement of the province, that the Parliament
never would, nor could, by color of that clause in the
charter assume a right of taxing them till it had
qualified itself to exercise such right by admitting
representatives from the people to be taxed, who
ought to make a part of that common consent.
Q. Are there any words in the charter that justify
that construction?
A. “The common rights of Englishmen,” as de-
clared by Magna Charta, and the Petition of Right,
all justify it.
Q. Does the distinction between internal and ex-
ternal taxes exist in the words of the charter?
A. No, I believe not.
Q. Then, may they not, by the same interpreta-
766]