The Life Of Thomas Paine, Vol. 1. (of 2): With A History of His Literary, Political and Religious Career in America France, and England; to which is added a Sketch of Paine by William CobbettConway, Moncure Daniel
Religion
The Life Of Thomas Paine, Vol. 1. (of 2): With A History of His Literary, Political and Religious Career in America France, and England; to which is added a Sketch of Paine by William Cobbett
Conway, Moncure Daniel
Paine, Thomas, 1737-1809
On December 30, 1780, Dunlap advertised Paine's pamphlet "Public Good."
Under a charter given the Virginia Company in 1609 the State of Virginia
claimed that its southern boundary extended to the Pacific; and that its
northern boundary, starting four hundred miles above, on the Atlantic
coast, stretched due northwest. To this Paine replies that the charter
was given to a London company extinct for one hundred and fifty years,
during which the State had never acted under that charter. Only the
heirs of that company's members could claim anything under its extinct
charter. Further, the State unwarrantably assumed that the northwestern
line was to extend from the northern point of its Atlantic base; whereas
there was more reason to suppose that it was to extend from the southern
point, and meet a due west line from the northern point, thus forming a
triangular territory of forty-five thousand square miles. Moreover, the
charter of 1609 said the lines should stretch "from sea to sea." Paine
shows by apt quotations that the western sea was supposed to be a short
distance from the Atlantic, and that the northwestern boundary claimed
by Virginia would never reach the said sea, "but would form a spiral
line of infinite windings round the globe, and after passing over
the northern parts of America and the frozen ocean, and then into the
northern parts of Asia, would, when eternity should end, and not before,
terminate in the north pole." Such a territory is nondescript, and a
charter that describes nothing gives nothing. It may be remarked here
that though the Attorney-General of Virginia, Edmund Randolph, had to
vindicate his State's claim, he used a similar argument in defeating
Lord Fairfax's claim to lands in Virginia which had not been discovered
when his grant was issued.* All this, however, was mere fencing
preliminary to the real issue. The western lands, on the extinction
of the Virginia companies, had reverted to the Crown, and the point
in which the State was really interested was its succession to the
sovereignty of the Crown over all that territory. It was an early
cropping up of the question of State sovereignty. By royal proclamation
of 1763 the province of Virginia was defined so as not to extend beyond
heads of rivers emptying in the Atlantic.
* "Omitted Chapters of History Disclosed in the Life and
Papers of Edmund Randolph," pp. 47, 60.
Paine contended that to the sovereignty of the Crown over all
territories beyond limits of the thirteen provinces the United States
had succeeded. This early assertion of the federal doctrine, enforced
with great historical and legal learning, alienated from Paine some of
his best Southern friends. The controversy did not end until some
years later. After the peace, a proposal in the Virginia Legislature to
present Paine with something for his services, was lost on account of
this pamphlet.*
Public-domain text, read in full here on John Shaqi.
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