Antifederalist No. 34
THE PROBLEM OF CONCURRENT TAXATION
The following speech by Patrick Henry was delivered to the
Virginia ratifying convention, June 5, 1788.
I never will give up the power of direct taxation but for a
scourge. I am willing to give it conditionally; that is, after
non-compliance with requisitions. I will do more, sir, and what
I hope will convince the most skeptical man that I am a lover of
the American Union-that, in case Virginia shall not make punctual
payment, the control of our custom-houses, and the whole
regulation of trade, shall be given to Congress, and that
Virginia shall depend on Congress even for passports, till
Virginia shall have paid the last farthing, and furnished the
last soldier. Nay, sir, there is another alternative to which I
would consent; even that they should strike us out of the Union,
and take away from us all federal privileges, till we comply with
federal requisitions: but let it depend upon our own pleasure to
pay our money in the most easy manner for our people. Were all
the states, more terrible than the mother country, to join
against us, I hope Virginia could defend herself; but, sir, the
dissolution of the Union is most abhorrent to my mind. The first
thing I have at heart is American liberty; the second thing is
American union; and I hope the people of Virginia will endeavor
to preserve that union. The increasing population of the
Southern States is far greater than that of New England;
consequently, in a short time, they will be far more numerous
than the people of that country. Consider this, and you will find
this state more particularly interested to support American
liberty, and not bind our posterity by an improvident
relinquishment of our rights. I would give the best security for
a punctual compliance with requisitions; but I beseech gentlemen,
at all hazards, not to give up this unlimited power of taxation.
. . .
In this scheme of energetic government, the people will find
two sets of taxgatherers-the state and the federal sheriffs.
This, it seems to me, will produce such dreadful oppression as
the people cannot possibly bear. The federal sheriff may commit
what oppression, make what distresses, he pleases, and ruin you
with impunity; for how are you to tie his hands? Have you any
sufficiently decided means of preventing him from sucking your
blood by speculations, commissions, and fees? Thus thousands of
your people will be most shamefully robbed: our state sheriffs,
those unfeeling blood-suckers, have, under the watchful eye of
our legislature, committed the most horrid and barbarous ravages
on our people. It has required the most constant vigilance of
the legislature to keep them from totally ruining the people; a
repeated succession of laws has been made to suppress their
iniquitous speculations and cruel extortions; and as often has
their nefarious ingenuity devised methods of evading the force of
those laws: in the struggle they have generally triumphed over
the legislature. It is a fact that lands have been sold for five
shillings, which were worth one hundred pounds: if sheriffs, thus
immediately under the eye of our state legislature and judiciary,
have dared to commit these outrages, what would they not have
done if their masters had been at Philadelphia or New York? If
they perpetrate the most unwarrantable outrage on your person or
property, you cannot get redress on this side of Philadelphia or
New York; and how can you get it there? If your domestic
avocations could permit you to go thither, there you must appeal
to judges sworn to support this Constitution, in opposition to
that of any state, and who may also be inclined to favor their
own officers. When these harpies are aided by excisemen, who may
search, at any time, your houses, and most secret recesses, will
the people bear it? If you think so, you differ from me. Where
I thought there was a possibility of such mischiefs, I would
grant power with a niggardly hand; and here there is a strong
probability that these oppressions shall actually happen. I may
be told that it is safe to err on that side, because such
regulations may be made by Congress as shall restrain these
officers, and because laws are made by our representatives, and
judged by righteous judges: but, Sir, as these regulations may be
made, so they may not; and many reasons there are to induce a
belief that they will not, I shall therefore be an infidel on
that point till the day of my death.