The Life of George Washington, Vol. 1: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United StatesMarshall, John
History
The Life of George Washington, Vol. 1: Commander in Chief of the American Forces During the War; which Established the Independence of his Country and First; President of the United States
Marshall, John
Generals -- United States -- Biography; Presidents -- United States -- Biography; Washington, George, 1732-1799
In New England, originally settled by republicans, habits of
independence had nourished the theory that the colonial assemblies
possessed every legislative power not surrendered by compact; that the
Americans were subjects of the British crown, but not of the nation;
and were bound by no laws to which their representatives had not
assented. From this high ground they had been compelled reluctantly to
recede. The Judges, being generally appointed by the governors with
the advice of council, had determined that the colonies were bound by
acts of parliament which concerned them, and which were expressly
extended to them; and the general court of Massachusetts had, on a
late occasion, explicitly recognised the same principle. This had
probably become the opinion of many of the best informed men of the
province; but the doctrine seems still to have been extensively
maintained, that acts of parliament possessed only an external
obligation; that they might regulate commerce, but not the internal
affairs of the colonies.
In the year 1692, the general court of Massachusetts passed an act,
denying the right of any other legislature to impose any tax whatever
on the colony; and also asserting those principles of national
liberty, which are found in Magna Charta. Not long afterwards, the
legislature of New York, probably with a view only to the authority
claimed by the governor, passed an act in which its own supremacy, not
only in matters of taxation, but of general legislation, is expressly
affirmed. Both these acts however were disapproved in England; and the
parliament asserted its authority, in 1696, by declaring "that all
laws, bye laws, usages, and customs, which shall be in practice in any
of the plantations, repugnant to any law made or to be made in this
kingdom relative to the said plantations, shall be void and of none
effect." And three years afterwards, an act was passed for the trial
of pirates in America, in which is to be found the following
extraordinary clause: "Be it farther declared that, if any of the
governors, or any person or persons in authority there, shall refuse
to yield obedience to this act, such refusal is hereby declared to be
a forfeiture of all and every [_sic_] the charters granted for the
government and propriety of such plantations."
The English statute book furnishes many instances in which the
legislative power of parliament over the colonies was extended to
regulations completely internal; and it is not recollected that their
authority was in any case openly controverted.
Public-domain text, read in full here on John Shaqi.
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