The Eve of the Revolution; A Chronicle of the Breach with EnglandBecker, Carl L. (Carl Lotus)
History
The Eve of the Revolution; A Chronicle of the Breach with England
Becker, Carl L. (Carl Lotus)
United States -- History -- Revolution, 1775-1783; United States -- Politics and government -- 1775-1783
Mr. Adams spoke of the British Constitution with immense confidence, as
something singularly definite and well known, the provisions of which
were clearly ascertainable; which singular effect doubtless came from
the fact that he thought of it, not indeed as something written down
on paper and deposited in archives of state, but as a series of
propositions which, as they were saying in France, were indelibly
"written in the hearts of all men." The British Constitution, he said,
like the constitution of every free state, "is fixed," having its
foundation not in positive law, which would indeed give Parliament an
ultimate and therefore a despotic authority, but in "the law of God
and nature." There were in the British Empire many legislatures, all
deriving their authority from, and all finding their limitations in,
the Constitution. Parliament had certainly a supreme or superintending
legislative authority in the Empire, as the colonial assemblies had
a "subordinate," in the sense of a local, legislative authority; but
neither the Parliament nor any colonial assembly could "overleap the
Constitution without destroying its own foundation." And therefore,
since the Constitution is founded "in the law of God and nature," and
since "it is an essential natural right that a man shall quietly enjoy
and have the sole disposal of his property," the Americans must enjoy
this right equally with Englishmen, and Parliament must be bound to
respect this right in the colonies as well as in England; from which it
followed irresistibly that the consent of the colonies to any taxation
must be sought exclusively in their own assemblies, it being manifestly
impossible for that consent to be "constitutionally had in Parliament."
It was commonly thought in America that Mr. Adams, although not a judge,
had a singular gift for constitutional interpretation. Far-sighted men
could nevertheless believe that a powerful party in England, inspired by
inveterate hatred of America and irretrievably bent upon her ruin, would
pronounce all his careful distinctions ridiculous and would still reply
to every argument by the mere assertion, as a fact behind which one
could not go, that Parliament had always had and must therefore still
have full power to bind the colonies in all cases whatsoever. If Britain
would not budge from this position, Americans would soon be confronted
with the alternative of admitting Parliament to have full power or
denying it to have any.
With that sharp-set alternative in prospect, it would be well to keep in
mind the fact that arguments lost carrying power in proportion to their
subtlety; and in the opinion of so good a judge as Benjamin Franklin the
reasoning of Mr. Adams and Mr. Dickinson was perhaps not free from this
grave disadvantage.
Public-domain text, read in full here on John Shaqi.
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