The history of the rise, progress, and establishment of the independence of the United States of America, Vol. 1 (of 3) : $b Including an account of the late war, and of the thirteen colonies, from their origin to that periodGordon, William
History
The history of the rise, progress, and establishment of the independence of the United States of America, Vol. 1 (of 3) : $b Including an account of the late war, and of the thirteen colonies, from their origin to that period
Gordon, William
United States -- History -- Colonial period, ca. 1600-1775; United States -- History -- Revolution, 1775-1783
The next year [1681] the patent was granted, in consideration of “the
merits of the father, and the good purposes of the son, in order to
extend the English empire, and to promote useful commodities.” It was
provided by fit clauses, that the sovereignty of the king should be
preserved; and that acts of parliament, concerning trade and navigation
and the customs, be duly observed. Penn was empowered to assemble the
freemen, or their delegates, in such form as he should think proper, for
raising money for the uses of the colony, and for making useful laws,
not contrary to those of England, or the rights of the kingdom. A
duplicate of the acts of the assembly was to be transmitted within five
year to the king in council, and the acts might be declared void within
six months, if not approved.
The novel introduction of the clause subjecting the inhabitants of
Pennsylvania to taxation by act of parliament, might afford an argument
against being so taxed, to all the colonies whose charters contained no
such clause. Dr. Franklin being asked, when examined by the house of
commons, in the time of the stamp act, “Seeing their is in the
Pennsylvania charter, an express reservation of the right of parliament
to lay taxes there, how could the assembly assert, that laying a tax on
them by the stamp act was an infringement on their rights? answered,
“They understand it thus—by the same charter and otherwise they are
entitled to all the privileges and liberties of Englishmen. They find in
the great charters and the petition and declaration of rights, that one
of the privileges of English subjects is, that they are not to be taxed
but by their own consent: they have therefore relied upon it, from the
first settlement, that the parliament never would or could, by colour of
that clause, tax them till it had qualified itself for the exercise of
such right, by admitting representatives from the people to be taxed.”
You will recollect governor Nicholson’s writing in 1698, “a great many
people in all the colonies, especially in those under proprietaries,
think that no law of England ought to be binding to them without their
own consent: for they foolishly say, they have no representatives sent
from themselves to the parliament of England.” [p. 39.]
The Pennsylvanians, it may be noted, were not declared by the patent to
be English subjects. There was no express stipulation, as had been
inserted in all the other colonial patents, “that the Pennsylvanians and
their descendants should be considered as subjects born within the
realm;” for the lawyers who revised it, considered such declaratious as
nugatory, since they were inferred by law.[45] If the right of the
English parliament to tax the colonies could also have been inferred by
law, why was not the express reservation of that right considered
likewise as nugatory.
Public-domain text, read in full here on John Shaqi.
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