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
It would be impracticable, if consistent with the English
constitution. And for this reason, that this colony might have and
enjoy all the liberties and immunities of free and natural subjects
within the realm, as stipulated in the charter, it was necessary, and
a Legislative was accordingly constituted within the colony one branch
of which, consists of Representatives chosen by the people, to make
all laws, statutes, ordinances, &c. for the well ordering and
governing the same, not repugnant to the laws of England, or, as
nearly as conveniently might be, agreeable to the fundamental laws of
the English constitution. We are, therefore, still at a loss to
conceive, where your Excellency finds it " provided in the same
charter, that such acts," viz, acts of Parliament, made expressly to
refer to us, " shall be in force " in this province. There is nothing
to this purpose, expressed in the charter, or in our opinion, even
implied in it. And surely it would be very absurd, that a charter,
which is evidently formed upon a supposition and intention, that a
colony is and should be considered as not within the realm; and
declared by the very Prince who granted it, to be not within the
jurisdiction of Parliament, should yet provide, that the laws which
the same Parliament should make, expressly to refer to that colony,
should be in force therein. Your Excellency is pleased to ask, "does
it follow, that the government, by their (our ancestors) removal from
one part of the dominion to another, loses its authority over that
part to which they removed; and that they are freed from the
subjection they were under before?" We answer, if that part of the
King's dominions, to which they removed, was not then a part of the
realm, and was never annexed to it, the Parliament lost no authority
over it, having never had such authority; and the emigrations were
consequently freed from the subjection they were under before their
removal. The power and authority of Parliament, being constitutionally
confined within the limits of the realm, and the nation collectively,
of which alone it is the representing and Legislative Assembly. Your
Excellency further asks, "will it not rather be said, that by this,
their voluntary removal, they have relinquished, for a time, at least,
one of the rights of an English subject, which they might, if they
pleased, have continued to enjoy, and may again enjoy, whenever they
return to the place where it can be exercised?" To which we answer;
they never did relinquish the right to be governed by laws, made by
persons in whose election they had a voice. The King stipulated with
them, that they should have and enjoy all the liberties of free and
natural subjects, born within the realm, to all intents, purposes and
constructions, whatsoever; that is, that they should be as free as
those, who were to abide within the realm: consequently, he stipulated
with them, that they should enjoy and exercise this most essential
Public-domain text, read in full here on John Shaqi.
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