Daniel Leonard Quotes
When the stamp-act was made, the authority of parliament to impose internal taxes was denied, but their right to impose external ones … to lay duties upon goods … was admitted. When the act was made imposing duties upon tea, … a new distinction was set up, that the parliament had a right to lay duties … for the purpose of regulating trade but not for the purpose of raising a revenue.
The patriot legal position did shift over time. Like many grass roots political movements, the Americans had morality and justice on their side and did not think through the implications of their arguments when they opposed the Stamp Act. After the Revolution Leonard had to leave and he went to English Bermuda where he was rewarded for his loyalty with the position of Chief Justice.
Daniel Leonard, 1740–1829, American Colonial Loyalist Attorney, Chief Justice of Bermuda, Criticism of the American Patriots’ legal arguments regarding taxes laid on America, Massachusettensis Letters, 1774
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This was one of the first and is considered the best of the Colonial writings against taxation without representation. Despite this, Dulany is not well known in American history because when the Revolution finally came he was a loyalist.
At the beginning of the dispute between America and England, the issue was the raising of internal American taxes by Parliament without any American representation in Parliament. The issue escalated and when the British began using force, independence then became the American objective.
This is the same man who introduced the Stamp Act 12 years before which started the whole problem in America. See {74956}.
In this instance Pitt and a few others were arguing against the Stamp Act. They were accused of fomenting rebellion by advocating the same position of the rebellious colonists. Criticism of government policy is often castigated by claiming that enemies of the nation will take aid and comfort by the criticism and be encouraged in their conflict. In this case it was the Stamp Act. In more modern times those members of Congress in America who opposed the Iraq War and wanted withdrawal of U. S. troops were accused of aiding, comforting and encouraging the enemy. It is the favorite tactic of governments under attack for its foreign policy.
Lee at that time was one of the leaders of the American colonists’ cause. He was born in England and was an old friend of Burgoyne who had just arrived in America. Lee wanted to explain the American viewpoint. Lee later became the senior major general under Washington.
The Governor had warned the Board of Trade about the American reaction to the Stamp Act. He took the position that is was unconstitutional in the sense that it was contrary to Magna Carter. His and other warnings were ignored.
In this case the tariffs were imposed not to protect national industries but to simply raise revenue. In the early years of the United States, almost all of the Federal Revenue was raised this way.
The right of English merchants had been attained earlier when Ivan IV, the Terrible, was Czar. However the Czar35266s were so autocratic that one might or might not live up to agreements made by their predecessors. So Queen Elisabeth's diplomats had to repeatedly negotiate free trade agreements with Russian Czars.
Muir had spoken at the Convention of Scottish Friends of the People at Edinburgh in 1792. He had advocated election reform allowing all men to vote, not just property owners and was sentenced by Braxfield to the Australian penal colony at Botany Bay. Braxfield expressed the deep distrust the establishment felt even for merchants, traders and others with fungible assets.
This is opposite to the view that the power to tax is the power to destroy. See Oliver Wendell Holmes {603715}, Daniel Webster {37299} and John Marshall {320000}.
See Daniel Webster and John Marshall for earlier expressions of this famous quotation: {37299} and {320000}. Also, Maurice L. Duplessis {600341} for a contrary view.
money for the king's government In 1628 there was a classic English struggle between the king, Charles I, and Parliament. While Parliament was sitting, Dr. Manwaring, an Anglican Bishop, preached a sermon. He claimed that God intended all private property to be at the disposal of the King in times of national emergency. Further, that the King could levy an taxes without the consent of Parliament. The King liked the sermon so much that he had it printed and distributed by special command. The House of Commons went bonkers and impeached Manwaring. He was imprisoned by order of the House, fined the then huge sum of 1,000 pounds, and prohibited from holding any ecclesiastical or secular office in the future. As soon as the session of Parliament ended, the king pardoned him, gave him a huge salary raise, and several years later Manwaring was appointed Bishop of Asaph. King Charles I, perhaps England’s worst sovereign, then provoked two civil wars and was finally tried for treason and beheaded. Manwaring was in and out of prison during the conflicts. He faded from public view.
He was one of the strongest English advocates of colonization of the New World
The colonists in America had no representatives in Parliament. Galloway who opposed armed rebellion against Britain {621966} admitted that the British treatment of America was wrong but saw other solutions. It will never be known if any of them might have worked. The world would have been very different had they been tried.
The people of the American colonies were outraged by the Stamp Act which in effect placed a tax on almost everything operational in the economy at the time by making people buy government stamps to seal virtually all legal documents. Ingersoll had become the icon of the hated Stamp Tax collector holding what was then a very senior position in the Royalist government. The Sons of Liberty, today considered patriots, but then looked upon by the government as a groups of hooligan terrorists, caught up with Ingersoll and kidnapped him and took him to a house in Wethersfield. There he was roughed up and then given the choice of resigning his Stamp Act position or being hanged. He signed his resignation with this statement. The quotation and the incident is used by people who glorify the patriotism and the risk that the Sons of Liberty took for their beliefs. Others, use the quote and incident to illustrate that when such behavior occurs in countries today we often refer to it as terrorism such as in the Iraq War insurgency where the insurgents threatened government officials with death if the did not resign and often made good on their threat. A particular interesting historical story is Ingersoll’s son, Jared Jr. Unlike his Royalist father, young Ingersoll, Jared Jr., was an active patriot, serving in public office and was one of the signers of the U.S. Constitution.
In the English system the checks and balances of the American system are not present. Historically in England the Monarch and the Parliament acted as checks upon each other. With a Constitutional Monarch there is no institutional check on Parliament. The checks are their restraint--respect for precedent--and the voters. The Prime Minister is a member of Parliament and has no powers other than what Parliament gives him/her. The courts in England are under Parliament and the upper house, the House of Lords is the equivalent of the highest court—but it may always be overruled by the parliament itself.
See {634234} and {634238} for more of his arguments at the Ratification Convention.
Daniel Leonard was a lawyer from colonial Massachusetts and a Loyalist in the American Revolution.