Ought I not from hence to
presume that these preambles are as favorable as possible to both, when properly
understood; favorable both to the rights of Parliament, and to the privilege of
the dependencies of this Crown? But, Sir, the object of grievance in my
Resolution I have not taken from the Chester, but from the Durham Act, which
confines the hardship of want of representation to the case of subsidies, and
which therefore falls in exactly with the case of the Colonies. But whether the
unrepresented counties were de jure or de facto [Footnote: 64] bound, the
preambles do not accurately distinguish, nor indeed was it necessary; for,
whether de jure or de facto, the Legislature thought the exercise of the power
of taxing as of right, or as of fact without right, equally a grievance, and
equally oppressive.
I do not know that the Colonies have, in any general way, or in any cool hour,
gone much beyond the demand of humanity in relation to taxes. It is not fair to
judge of the temper or dispositions of any man, or any set of men, when they are
composed and at rest, from their conduct or their expressions in a state of
disturbance and irritation.
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