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
right, which discriminates freemen from vassals, uninterruptedly,
in its full sense and meaning; and they did, and ought still to
exercise it, without the necessity of returning, for the sake of
exercising it, to the nation or state of England.
We cannot help observing, that your Excellency's manner of reasoning
on this point, seems to us, to render the most valuable clauses in our
charter unintelligible: as if persons going from the realm of England,
to inhabit in America, should hold and exercise there a certain right
of English subjects; but, in order to exercise it in such manner as to
be of any benefit to them, they must not inhabit there, but return to
the place where alone it can be exercised. By such construction, the
words of the charter can have no sense or meaning. We forbear
remarking upon the absurdity of a grant to persons born without the
realm, of the same liberties which would have belonged to them, if
they had been born within the realm.
Your Excellency is disposed to compare this government to the variety
of corporations, formed within the kingdom, with power to make and
execute bylaws, &c.; and, because they remain subject to the supreme
authority of Parliament, to infer, that this colony is also subject to
the same authority: this reasoning appears to us not just. The members
of those corporations are resident within the kingdom; and residence
subjects them to the authority of Parliament, in which they are also
represented; whereas the people of this colony are not resident within
the realm. The charter was granted, with the express purpose to
induce them to reside without the realm; consequently, they are not
represented in Parliament there. But, we would ask your Excellency,
are any of the corporations, formed within the kingdom, vested with
the power of erecting other subordinate corporations? of enacting and
determining what crimes shall be capital? and constituting courts of
common law, with all their officers, for the hearing, trying and
punishing capital offenders with death? These and many other powers
vested in this government, plainly show, that it is to be considered
as a corporation, in no other light, than as every state is a
corporation. Besides, appeals from the courts of law here, are not
brought before the House of Lords; which shows, that the peers of the
realm, are not the peers of America: but all such appeals are brought
before the King in council, which is a further evidence, that we are
not within the realm.
We conceive enough has been said, to convince your Excellency, that,
"when our predecessors first took possession of this plantation, or
colony, by a grant and charter from the Crown of England, it was not,
and never had been the sense of the kingdom, that they were to remain
subject to the supreme authority of Parliament. We will now, with your
Excellency's leave, inquire what was the sense of our ancestors, of
this very important matter.
Public-domain text, read in full here on John Shaqi.
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