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
Chronus talks of Magna Charta as though it were of no greater
consequence than an act of parliament for the establishment of a
corporation of buttonmakers. Whatever low ideas he may entertain
of that Great Charter, and such ideas he must entertain of it to
support the cause he hath espous'd, it is affirm'd by Lord Coke,
to be declaratory of the principal grounds of the fundamental laws
and liberties of England. "It is called Charta Libertatum Regni,
the Charter of the Liberties of the kingdom, upon great reason,
says that sage of the law, because liberos facit, it makes and
preserves the people free." Those therefore who would make the
people slaves, would fain have them look upon this charter, in a
light of indifference, which so often affirms sua jura, suas
libertates, their own rights, their own liberties: But if it be
declaratory of the principal grounds of the fundamental laws and
liberties of England, it cannot be altered in any of its essential
parts, without altering the constitution. Whatever Chronus may
have adopted from Mr. Hume, Vatel tells us plainly and without
hesitation, that "the supreme legislative cannot change the
constitution," "that their authority does not extend so far," &
"that they ought to consider the fundamental laws as sacred, if
the nation has not, in very express terms, given them power to
change them." And he gives a reason for it solid and weighty; for,
says he, "the constitution of the state ought to be fixed." Mr.
Hume, as quoted by Chronus, says, the only rule of government is
the established practice of the age, upon maxims universally
assented to. If then any deviation is made from the maxims upon
which the established practice of the age is founded, it must be
by universal assent. "The fundamental laws," says Vatel, "are
excepted from their (legislators) commission," "nothing leads us
to think that the nation was willing to submit the constitution
itself to their pleasure." "They derive their authority from the
constitution, how then can they change it without destroying the
foundation of their own authority?" If then according to Lord
Coke, Magna Charta is declaratory of the principal grounds of the
fundamental laws and liberties of the people, and Vatel is right
in his opinion, that the supreme legislative cannot change the
constitution, I think it follows, whether Lord Coke has expressly
asserted it or not, that an act of parliament made against Magna
Charta in violation of its essential parts, is void. - "By the
fundamental laws of England, says Vatel, the two houses of
parliament in concert with the King, exercise the legislative
power: But if the two houses should resolve to suppress
themselves, and to invest the King with the full and absolute
government, certainly the nation would not suffer it, "although it
was done by a solemn act of parliament. But such doctrine is
directly the reverse of that which Chronus holds; which amounts to
Public-domain text, read in full here on John Shaqi.
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