Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 1 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
But our colonies, on the contrary, emigrated under the sanction of the
Crown and Parliament. They were modelled gradually into their present
forms, respectively, by charters, grants, and statutes; but they were
never separated from the mother country, or so emancipated as to
become _sui juris_. There are several sorts of colonies in British
America. The charter colonies, the proprietary governments, and the
King’s colonies. The first colonies were the charter colonies, such as
the Virginia Company; and these companies had among their directors
members of the privy council and of both houses of Parliament; they
were under the authority of the privy council, and had agents resident
here, responsible for their proceedings. So much were they considered
as belonging to the Crown, and not to the King personally (for there
is a great difference, though few people attend to it), that when the
two Houses, in the time of Charles the First, were going to pass a bill
concerning the colonies, a message was sent to them by the King that
they were the King’s colonies, and that the bill was unnecessary, for
that the privy council would take order about them; and the bill never
had the royal assent. The Commonwealth Parliament, as soon as it was
settled, were very early jealous of the colonies separating themselves
from them; and passed a resolution or act (and it is a question whether
it is not in force now) to declare and establish the authority of
England over its colonies.
But if there was no express law, or reason founded upon any necessary
inference from an express law, yet the usage alone would be sufficient
to support that authority; for, have not the colonies submitted
ever since their first establishment to the jurisdiction of the
mother country? In all questions of property, the appeals from the
colonies have been to the privy council here; and such causes have
been determined, not by the law of the colonies, but by the law of
England. A very little while ago, there was an appeal on a question of
limitation in a devise of land with remainders; and, notwithstanding
the intention of the testator appeared very clear, yet the case was
determined contrary to it, and that the land should pass according
to the law of England. The colonies have been obliged to recur very
frequently to the jurisdiction here, to settle the disputes among their
own governments. I well remember several references on this head, when
the late Lord Hardwicke was attorney general, and Sir Clement Wearg
solicitor general. New Hampshire and Connecticut were in blood about
their differences; Virginia and Maryland were in arms against each
other. This shows the necessity of one superior decisive jurisdiction,
to which all subordinate jurisdictions may recur. Nothing, my Lords,
could be more fatal to the peace of the colonies at any time, than
the Parliament giving up its authority over them; for in such a case,
there must be an entire dissolution of government. Considering how the
Public-domain text, read in full here on John Shaqi.
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