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
You are pleased to say, that "our provincial or local laws have, in
numerous instances, had relation to acts of Parliament, made to
respect the plantations, and this colony in particular." The authority
of the Legislature, says the same author who is quoted by your
Excellency, "does not extend so far as the fundamentals of the
constitution. They ought to consider the fundamental laws as sacred,
if the nation has not in very express terms, given them the power to
change them. For the constitution of the state ought to be fixed;
and since that was first established by the nation, which afterwards
trusted certain persons with the Legislative power, the fundamental
laws are excepted from their commission." Now the fundamentals of the
constitution of this province, are stipulated in the charter; the
reasoning, therefore, in this case, holds equally good. Much less,
then, ought any acts or doings of the General Assembly, however
numerous, to neither of which your Excellency has pointed us,
which barely relate to acts of Parliament made to respect the
plantations in general, or this colony in particular, to be taken
as an acknowledgment of this people, or even of the Assembly,
which inadvertently passed those acts, that we are subject to the
supreme authority of Parliament; and with still less reason are
the decisions in the executive courts to determine this point. If
they have adopted that "as part of the rule of law," which, in
fact, is not, it must be imputed to inattention or error in
judgment, and cannot justly be urged as an alteration or
restriction of the Legislative authority of the province.
Public-domain text, read in full here on John Shaqi.
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