The Loyalists of Massachusetts and the Other Side of the American Revolution — John Shaqi
The Loyalists of Massachusetts and the Other Side of the American RevolutionStark, James Henry
History
The Loyalists of Massachusetts and the Other Side of the American Revolution
Stark, James Henry
American loyalists -- Massachusetts; Massachusetts -- Politics and government -- 1775-1783
On the contrary, many of the profoundest constitutional lawyers of
America as well as of England, both rejected the foregoing contention,
and at the same time admitted the soundness and the force of the
venerable maxim upon which the contention was alleged to rest, but the
most of them denied that the maxim was violated by the acts of
parliament laying taxation upon the colonies. Here everything depends on
the meaning to be attached to the word "representation"--and that
meaning is to be ascertained by examining what was understood by the
word in England at the time when this old maxim originated, and in
subsequent ages during which it had been quoted and applied. During this
whole period the idea was that representation in parliament was
constituted not through any uniform distribution among individual
persons, but rather through a distribution of such privileges among
certain organized communities, as counties, cities, boroughs, and
universities. Very few people in England then had votes for members of
the house of commons--only one-tenth of the population of the entire
realm. Such was the state of the electoral system that entire
communities, such as the cities of Leeds, Halifax, Birmingham,
Manchester, and Liverpool, communities which were as populous and as
rich as entire provinces in America, and yet they had no vote whatever
for members of parliament. The people of these several communities in
England did not refuse to pay taxes levied by act of parliament, because
of that reason. It is still a principle of parliamentary representation
that from the moment a member is thus chosen to sit in parliament, he is
the representative of the whole empire, and not of his particular
constituency. He "is under no obligation, therefore, to follow
instructions from the voters or the inhabitants of the district from
which he is chosen. They have no legal means of enforcing instructions.
They cannot demand his resignation. Moreover, members of the house of
lords represent, in principle, the interest of the whole empire and of
all classes, as truly as the Commons."[11] Therefore the historic
meaning of the word "representation," as the word has always been used
in English constitutional experience, seemed to justify the Loyalist
contention that the several organized British communities in America, as
an integral part of the British empire, were to all intents and purposes
represented in the British parliament, which sat at the capital as the
supreme council of the whole empire and exercised legislative authority
coextensive with the boundaries of that empire. The Loyalists admitted
that for all communities of British subjects, both in England and
America, the existing representation was very imperfect; that it should
be reformed and made larger and more uniform, and they were ready and
anxious to join in all forms of constitutional agitation under the
leadership of such men as Chatham, Camden, Burke, Barre, Fox and Pitt,
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