Saturday, September 7, 2019

Constitutional Crisis of 1735 in SC

Tax Bill Controversy in the SC House of Commons:   If British subjects in England could only be taxed by their immediate representatives in the Commons' House of Parliament without amendment by the House of Lords, could British subjects in America be taxed by a body here corresponding to the House of Lords in England ?



The South Carolina House of Commons  appointed a committee to consider the infringement on their prerogative, as it was said, of which Charles Pinckney was chairman. The report of the committee, which was drafted by Mr. Pinckney, made a strong presentation upon the subject. We read from the Journal : — "Mr. Pinckney from the Committee to draw up Resolutions on the Council Amending the Tax bill offered the following ones, which were read and agreed to by the House nemine conlradicente [latin for with no one contradicting – i.e, unanimous]and ordered to be entered on the journals, viz. : " In the Commons' House of Assembly the 28th day of March 1735. "

Resolved, That it is the Opinion of this House that it is the inherent right and privilege of every Englishman not to be charged with any taxes or aids of money but what are given and granted by his Representative in Parliament.

Resolved that the House of Commons have the sole right and power over the Moneys of the Peoples and of giving and granting or denying Aids or Moneys for the Public Service.

Resolved that the House of Commons have the first commencement and consideration, the sole Modelling in their House of all Laws for imposing Taxes and levying and raising acts of Money upon the People for the defence and support of the state and government.

Resolved That the foregoing privileges are some of the Fundamental Laws, Rights, Liberties and Customs of the people of Eng land confirmed by many statutes and acts of Parliament.

Resolved, That his Majesty's Subjects of this Province are entitled to all the liberties and privileges of Englishmen.

Resolved That the Commons' House of Assembly in this Province by Laws and Statutes of Great Britain made of force in this Province and by ancient Usage and Custom have the same rights and Privileges in regard to introducing and passing Laws for imposing Taxes on the People of this Province as the House of Commons of Great Britain have in introducing and passing Laws on the people of England.

Resolved That after the estimate is closed and added to any Tax Bill that no additions can or ought to be made thereto by any other Estate or Power whatsoever but by and in the Commons' House of Assembly."


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