1765, says: "Most governments are, in fact, arbitrary, and consequently the curse and scandal of human nature; yet none are of right arbitrary. By the laws of God and
nature, government must not raise taxes on the property
of the people without the consent of the people or their
deputies. There can be no prescription old enough to
supersede the law of Nature and the grant of God
Almighty, who has given all men a right to be free. If
a man has but little property to protect and defend,
yet his life and liberty are things of some importance."
About the same time Gadsden wrote: "A confirmation
of our essential and common rights as Englishmen may
be pleaded from charters clearly enough; but any further
dependence on them may be fatal. We should stand
upon the broad common ground of those natural rights
that we all feel and know as men and as descendants of
Englishmen."
The primitive fathers of the United States began by preferring abstract moral principle to the letter of the law and the spirit of the Constitution. But they went farther. Not only was their grievance difficult to substantiate at law, but it was trivial in extent. The claim of England was not evidently disproved, and even if it was unjust, the injustice practically was not hard to bear. The suffering that would be caused by submission was immeasurably less than the suffering that must follow resistance, and it was more uncertain and remote. The utilitarian argument was loud in favour of obedience and loyalty. But if interest was on one side, there was a manifest principle on the other a principle so sacred and so clear as imperatively to demand the sacrifice of men's lives, of their families and their fortune. They resolved to give up everything, not to escape from actual oppression, but to honour a precept of unwritten law. That was the transatlantic discovery in the theory of political duty, the light that came over the ocean. It represented liberty not as a comparative release from tyranny, but as a thing so divine that the existence of society must be staked to prevent even the least constructive infraction of
