Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 1Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 1
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
‘One of the articles of impeachment against Tresilian and the other
Judges of Westminster Hall, in the reign of Richard the Second, for
which they suffered death, as traitors to their country, was, that they
had advised the King that he might dissolve his Parliament at any time:
and succeeding Kings have adopted the opinion of these unjust Judges.
Since the establishment, however, of the British constitution, at the
glorious Revolution, on its free and ancient principles, neither his
Majesty nor his ancestors have exercised such a power of dissolution in
the island of Great Britain;* and, when his Majesty was petitioned by
the united voice of his people there to dissolve the present Parliament,
who had become obnoxious to them, his Ministers were heard to declare,
in open Parliament, that his Majesty possessed no such power by the
constitution. But how different their language, and his practice, here!
To declare, as their duty required, the known rights of their country,
to oppose the usurpation of every foreign judicature, to disregard
the imperious mandates of a Minister or Governor, have been the avowed
causes of dissolving Houses of Representatives in America. But if such
powers be really vested in his Majesty, can he suppose they are
there placed to awe the members from such purposes as these? When the
representative body have lost the confidence of their constituents, when
they have notoriously made sale of their most valuable rights, when they
have assumed to themselves powers which the people never put into their
hands, then, indeed, their continuing in office becomes dangerous to the
state, and calls for an exercise of the power of dissolution. Such being
the causes for which the representative body should, and should not, be
dissolved, will it not appear strange, to an unbiassed observer, that
that of Great Britain was not dissolved, while those of the colonies
have repeatedly incurred that sentence?
* On further inquiry, I find two instances of dissolutions
before the Parliament would, of itself, have been at an end:
viz. the Parliament called to meet August 24, 1698, was
dissolved by King William, December 19, 1700, and a new one
called, to meet February 6, 1701, which was also dissolved
November 11, 1701, and a new one met December 30, 1701.
Public-domain text, read in full here on John Shaqi.
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