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
third charter was afterwards granted by the same King, to the
Treasurer and Company of Virginia, vesting them with full power and
authority to make laws, with an addition of this clause, "so,
always, that the same be not contrary to the laws and statutes of this
our realm of England." The same clause was afterwards copied into the
charter of this and other colonies, with certain variations, such as,
that these laws should be "consonant to reason," "not repugnant to the
laws of England," "as nearly as conveniently may be to the laws,
statutes and rights of England," &c. These modes of expression, convey
the same meaning, and serve to show an intention, that the laws of the
colonies should be as much as possible, conformable in the spirit of
them, to the principles and fundamental laws of the English
constitution, its rights and statutes then in being, and by no means
to bind the colonies to a subjection to the supreme authority of the
English Parliament. And that this is the true intention, we think it
further evident from this consideration, that no acts of any colony
Legislative, are ever brought into Parliament for inspection there,
though the laws made in some of them, like the acts of the British
Parliament, are laid before the King for his dissent or allowance.
We have brought the first American charters into view, and the state
of the country when they were granted, to show, that the right of
disposing of the lands was, in the opinion of those times, vested
solely in the Crown; that the several charters conveyed to the
grantees, who should settle upon the territories therein granted, all
the powers necessary to constitute them free and distinct states; and
that the fundamental laws of the English constitution should be the
certain and established rule of legislation, to which, the laws to
be made in the several colonies, were to be, as nearly as conveniently
might be, conformable, or similar, which was the true intent and
import of the words, "not repugnant to the laws of England,"
"consonant to reason," and other variant expressions in the different
charters. And we would add, that the King, in some of the charters,
reserves the right to judge of the consonance and similarity of their
laws with the English constitution, to himself, and not to the
Parliament; and, in consequence thereof, to affirm, or within a
limited time, disallow them.
These charters, as well as that afterwards granted to Lord Baltimore,
and other charters, are repugnant to the idea of Parliamentary
authority; and, to suppose a Parliamentary authority over the
colonies, under such charters, would necessarily induce that solecism
in politics, imperium in imperio. And the King's repeatedly exercising
the prerogative of disposing of the American territory by such
charters, together with the silence of the nation thereupon, is an
evidence that it was an acknowledged prerogative.
Public-domain text, read in full here on John Shaqi.
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