History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
On the 6th of September, 1774, a resolve was passed, that a committee be
appointed to state the rights of the colonies in general, the several
instances in which those rights had been violated or infringed, and the
means most proper to be pursued for obtaining a restoration of them.
Another committee was ordered on the same day, to examine and report the
several statutes affecting the trade and manufactures of the colonies.
On the following day, it was ordered that the first committee should
consist of two members, and the second of one member, from each of the
colonies.[16] Two questions presented themselves to the first of these
committees, and created a good deal of embarrassment. The first was,
whether, in stating the rights of the colonies, they should recur to the
law of nature, as well as to the British Constitution and the American
charters and grants. The second question related to the authority which
they should allow to be in Parliament;--whether they should deny it
wholly, or deny it only as to internal affairs, admitting it as to
external trade; and if the latter, to what extent and with what
restrictions. It was soon felt that this question of the authority of
Parliament was the essence of the whole controversy. Some denied it
altogether. Others denied it as to every species of taxation; while
others admitted it to extend to the regulation of external trade, but
denied it as to all internal affairs. The discussions had not proceeded
far, before it was perceived that this subject of the regulation of
trade might lead directly to the question of the continuance of the
colonial relations with the mother country. For this they were not
prepared. It was apparent that the right of regulating the trade of the
whole country, from the local circumstances of the colonies and their
disconnection with each other, could not be exercised by the colonies
themselves: it was thought that the aid, assistance, and protection of
the mother country were necessary to them; and therefore, as a proper
equivalent, that the colonies must admit the right of regulating the
trade, to some extent and in some mode, to be in Parliament. The
alternatives were, either to set up an American legislature, that could
control and regulate the trade of the whole country, or else to give the
power to Parliament. The Congress determined to do the latter; supposing
that they could limit the admission, by denying that the power extended
to taxation, but ceding at the same time the right to regulate the
external trade of the colonies for the common benefit of the whole
empire.[17] They grounded this concession upon "the necessities of the
case," and "the mutual interests of both countries";[18] meaning by
these expressions to assert that all legislative control over the
external and internal trade of the colonies belonged of right to the
colonies themselves, but, as they were part of an empire for which
Parliament legislated, it was necessary that the common legislature of
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