The Writings of Samuel Adams - Volume 2Adams, Samuel
History
The Writings of Samuel Adams - Volume 2
Adams, Samuel
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1809
France, or than it can now over the inhabitants of the moon, if there
be any?
By the charter of this province, the legislative power is in the
Governor, who is appointed by the King, the Council and House of
Representatives. The legislative of any commonwealth must be the
supreme power. But if any edict or instruction of any body else, in
what form soever conceiv'd, or by what power soever backed, can have
the force and obligation of a law in the province which has not its
sanction from that legislative, it cannot be the supreme power. Its
laws however salutary, are liable at any time to be abrogated at the
pleasure of a superior power. No body can have a power to make laws
over a free people, but by their own consent, and by authority
receiv'd from them: It follows then, either that the people of this
province have consented & given authority to the parent state to make
laws over them, or that she has no such authority. No one I believe
will pretend that the parent state receives any authority from the
people of this province to make laws for them, or that they have ever
consented she should. If the people of this province are a part of
the body politick of Great Britain, they have as such a right to be
consulted in the making of all acts of the British parliament of what
nature soever. If they are a separate body politick, and are free,
they have a right equal to that of the people of Great Britain to
make laws for themselves, and are no more than they, subject to the
controul of any legislature but their own. "The lawful power of
making laws to command whole politick societies of men, belongs so
properly unto the same intire societies, that for any prince or
potentate of what kind soever upon earth to exercise the same of
himself, and not by express commission immediately and personally
receiv'd from God, or else from authority deriv'd at the first from
their consent, upon whose persons they impose laws, is no better than
mere tyranny. Laws therefore they are not which publick approbation
hath not made so.3 This was the reason given by our ancestors why
they should not be bound by the acts of parliament, because not being
represented in parliament, the publick approbation of the province
had not made them laws. And this is the reason why their posterity do
not hold themselves rightly oblig'd to submit to the revenue acts now
in being, because they never consented to them. The former, under
their circumstances, thought it prudent to adopt the acts of trade,
by passing a law of their own, and thus formally consenting that they
should be observ'd. But the latter I presume will never think it
expedient to copy after their example.
Public-domain text, read in full here on John Shaqi.
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