[Commissions, military and civil, for officers acting under this
constitution, to be issued jointly by President-General and
Grand Council.]--That the particular, Military as well as Civil
establishments in each Colony remain in their present State this
General constitution notwithstanding. And that on sudden emergencies
any Colony may defend itself, and lay the accounts of expence, thence
arisen, before the President General and Grand Council, who may allow
and order payment of the same if judged reasonable.
[In 1789 Franklin wrote, with good reason, that the adoption of
the Albany Plan would have probably delayed the separation of the
colonies from England, "perhaps during another century." There
would have been a central legislature to vote supplies and prepare
defense against Indians and French, and the British reasons for the
Stamp Act would not have existed.]
FOOTNOTES:
[91] The first part of this act is copied almost word for word from
an act of the Long Parliament in 1651. That act, however, was not
enforced. It applied only to shipping. The Act of 1660 added the
"enumerating" clause (XVIII).
[92] Question having arisen in regard to the definition of
English-built ships and English mariners, these terms were defined in
section V of the Act of 1662 (14 Car. II, c. 11). The portion of the
section relating to mariners follows: "And whereas it is required by
the said Act that in sundry cases the Master and three fourths of the
Mariners are to be English, it is to be understood that any of His
Majesties Subjects of England, Ireland, _and His Plantations_ are to
bee accounted English, and no others. ..."--_Statutes of the Realm_, V,
395.
[93] The sugar from the English colonies also paid duties on admission
into English ports (lower than these here prescribed for _foreign_
sugars); but such duties were to be rebated, according to this section
IX, upon reëxportation.
[94] The name "New England" still applied to all English America north
of Delaware Bay.
[95] This was the first charter provision for appeal from a colonial
court to England. The question had arisen just before in connection
with the New England colonies. Cf. _American History and Government_, #
99.
[96] This was the first provision for a direct English veto upon
colonial laws.
[97] All italics are by the editor. The Pennsylvania charter distinctly
recognized the right of Parliament to tax the colonists. These clauses,
with those regarding appeals and the royal veto, were added to Penn's
draft by the King's Attorney-General.
[98] This grant was also in the "Laws Agreed upon in England," XXXV.
[99] That act decreed that, in order to vote, a man must own "fifty
acres of land, ... twelve acres thereof, or more, cleared and improved;
or be otherwise worth fifty pounds lawful money" above all indebtedness.
Public-domain text, read in full here on John Shaqi.
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