The Works of Samuel Johnson, LL.D. in Eleven Volumes, Volume 06: Reviews, Political Tracts, and Lives of Eminent PersonsJohnson, Samuel
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The Works of Samuel Johnson, LL.D. in Eleven Volumes, Volume 06: Reviews, Political Tracts, and Lives of Eminent Persons
Johnson, Samuel
English essays -- 18th century
The colonists are the descendants of men, who either had no vote in
elections, or who voluntarily resigned them for something, in their
opinion, of more estimation; they have, therefore, exactly what their
ancestors left them, not a vote in making laws, or in constituting
legislators, but the happiness of being protected by law, and the duty
of obeying it.
What their ancestors did not carry with them, neither they nor their
descendants have since acquired. They have not, by abandoning their part
in one legislature, obtained the power of constituting another,
exclusive and independent, any more than the multitudes, who are now
debarred from voting, have a right to erect a separate parliament for
themselves.
Men are wrong for want of sense, but they are wrong by halves for want
of spirit. Since the Americans have discovered that they can make a
parliament, whence comes it that they do not think themselves equally
empowered to make a king? If they are subjects, whose government is
constituted by a charter, they can form no body of independent
legislature. If their rights are inherent and underived, they may, by
their own suffrages, encircle, with a diadem, the brows of Mr. Cushing.
It is further declared, by the congress of Philadelphia, "that his
majesty's colonies are entitled to all the privileges and immunities
granted and confirmed to them by royal charters, or secured to them by
their several codes of provincial laws."
The first clause of this resolution is easily understood, and will be
readily admitted. To all the privileges which a charter can convey, they
are, by a royal charter, evidently entitled. The second clause is of
greater difficulty; for how can a provincial law secure privileges or
immunities to a province? Provincial laws may grant, to certain
individuals of the province, the enjoyment of gainful, or an immunity
from onerous offices; they may operate upon the people to whom they
relate; but no province can confer provincial privileges on itself. They
may have a right to all which the king has given them; but it is a
conceit of the other hemisphere, that men have a right to all which they
have given to themselves.
A corporation is considered, in law, as an individual, and can no more
extend its own immunities, than a man can, by his own choice, assume
dignities or titles.
The legislature of a colony (let not the comparison be too much
disdained) is only the vestry of a larger parish, which may lay a cess
on the inhabitants, and enforce the payment; but can extend no influence
beyond its own district, must modify its particular regulations by the
general law, and, whatever may be its internal expenses, is still liable
to taxes laid by superiour authority.
Public-domain text, read in full here on John Shaqi.
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