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
Your Excellency says, "it appears from the charter itself, to have
been the sense of our predecessors, who first took possession of this
plantation, or colony, that they were to remain subject to the
authority of Parliament." You have not been pleased to point out to
us, how this appears from the charter, unless it be in the observation
you make on the above mentioned clause, viz.: "that a favorable
construction has been put upon this clause, when it has been allowed
to intend such laws of England only, as are expressly made to respect
us," which you say, "is by charter, a reserve of power and authority
to Parliament, to bind us by such laws, at least, as are made
expressly to refer to us, and consequently is a limitation of the
power given to the General Court." But, we would still recur to the
charter itself, and ask your Excellency, how this appears, from
thence, to have been the sense of our predecessors? Is any reservation
of power and authority to Parliament thus to bind us, expressed or
implied in the charter? It is evident, that King Charles the I. the
very Prince who granted it, as well as his predecessor, had no such
idea of the supreme authority of Parliament over the colony, from
their declarations before recited. Your Excellency will then allow us,
further to ask, by what authority, in reason or equity, the Parliament
can enforce a construction so unfavorable to us. Quod ab initio
injustum est, nullum potest habere juris efectum, said Grotius. Which,
with submission to your Excellency, may be rendered thus: whatever is
originally in its nature wrong, can never be sanctified, or made right
by repetition and use.
Public-domain text, read in full here on John Shaqi.
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