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
In solemn agreements, subsequent restrictions ought never to be
allowed. The celebrated author, whom your Excellency has quoted, tells
us, that, "neither the one or the other of the interested, or
contracting powers, hath a right to interpret at pleasure." This we
mention, to show, even upon a supposition, that the Parliament had
been a party to the contract, the invalidity of any of its subsequent
acts, to explain any clause in the charter; more especially to
restrict or make void any clause granted therein to the General Court.
An agreement ought to be interpreted "in such a manner as that it may
have its effect." But, if your Excellency's interpretation of this
clause is just, "that it is a reserve of power and authority to
Parliament to bind us by such laws as are made expressly to refer to
us," it is not only "a limitation of the power given to the General
Court" to legislate, but it may, whenever the Parliament shall think
fit, render it of no effect; for it puts it in the power of
Parliament, to bind us by as many laws as they please, and even to
restrain us from making any laws at all. If your Excellency's
assertions in this, and the next succeeding part of your speech, were
well grounded, the conclusion would be undeniable, that the charter,
even in this clause, "does not confer or reserve any liberties," worth
enjoying, "but what would have been enjoyed without it;" saving that,
within any of his Majesty's dominions, we are to be considered
barely as not aliens. You are pleased to say, it cannot "be contended,
that by the liberties of free and natural subjects," (which are
expressly granted in the charter, to all intents, purposes and
constructions, whatever,) "is to be understood, an exemption from acts
of Parliament, because not represented there; seeing it is provided by
the same charter, that such acts shall be in force." If, says an
eminent lawyer, "the King grants to the town of D. the same liberties
which London has, this shall be intended the like liberties." A grant
of the liberties of free and natural subjects, is equivalent to a
grant of the same liberties. And the King, in the first charter to
this colony, expressly grants, that it "shall be construed, reputed
and adjudged in all cases, most favorably on the behalf and for the
benefit and behoof of the said Governor and Company, and their
successors - any matter, cause or thing, whatsover, to the contrary
notwithstanding." It is one of the liberties of free and natural
subjects, born and abiding within the realm, to be governed, as your
Excellency observes, "by laws made by persons, in whose elections
they, from time to time, have a voice." This is an essential right.
For nothing is more evident, than, that any people, who are subject to
the unlimited power of another, must be in a state of abject slavery.
It was easily and plainly foreseen, that the right of representation
in the English Parliament, could not be exercised by the people of
this colony.
Public-domain text, read in full here on John Shaqi.
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