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
The first act of Parliament, made expressly to refer to the colonies,
was after the restoration. In the reign of King Charles the II.
several such acts passed. And the same history informs us, there was a
difficulty in conforming to them; and the reason of this difficulty is
explained in a letter of the General Assembly to their Agent, quoted
in the following words; "they apprehended them to be an invasion of
the rights, liberties and properties of the subjects of his Majesty,
in the colony, they not being represented in Parliament, and according
to the usual sayings of the learned in the law, the laws of England
were bounded within the four seas, and did not reach America: However,
as his Majesty had signified his pleasure, that those acts should be
observed in the Massachusetts, they had made provision, by a law of
the colony, that they should be strictly attended."3 Which provision,
by a law of their own, would have been superfluous, if they had
admitted the supreme authority of Parliament. In short, by the same
history it appears, that those acts of Parliament, as such, were
disregarded; and the following reason is given for it: "It seems to
have been a general opinion, that acts of Parliament have no other
force, than what they derived from acts made by the General Court, to
establish and confirm them."
But, still further to show the sense of our ancestors, respecting this
matter, we beg leave to recite some parts of a narrative, presented to
the Lords of Privy Council, by Edward Randolph, in the year 1676,
which we find in your Excellency's collection of papers lately
published.4 Therein5 it is declared to be the sense of the colony,
"that no law is in force or esteem there, but such as are made by the
General Court; and, therefore, it is accounted a breach of their
privilegčs, and a betraying of the liberties of their commonwealth, to
urge the observation of the laws of England." And, further, "that no
oath shall be urged, or required to be taken by any person, but such
oath as the General Court hath considered, allowed and required." And,
further, "there is no notice taken of the act of navigation,
plantation or any other laws, made in England for the regulation of
trade." "That the government would make the world believe, They are a
free state, and do act in all matters accordingly." Again, "these
magistrates ever reserve to themselves, a power to alter, evade and
disannul any law or command, not agreeing with their humor, or the
absolute authority of their government, acknowledging no superior."
And, further, "he (the Governor) freely declared to me, that the laws
made by your Majesty and your Parliament, obligeth them in nothing,
but what consists with the interests of that colony; that the
Legislative power and authority is, and abides in them solely." And in
the same Mr. Randolph's letter to the Bishop of London, July 14.,
1682, he says, "this independency in government is claimed and daily
Public-domain text, read in full here on John Shaqi.
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