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
Your Excellency says, "you can by no means concede to us that it
is now, or was, when the plantations were first granted, the
prerogative of the Kings of England, to constitute a number of new
governments, altogether independent of the sovereign authority of
the English empire." By the feudal principles, upon which you say
"all the grants which have been made of America, are founded, the
constitutions of the Emperor, have the force of law." If our
government be considered as merely feudatory, we are subject to
the King's absolute will, and there is no authority of Parliament,
as the sovereign authority of the British empire. Upon these
principles, what could hinder the King's constituting a number of
independent governments in America? That King Charles the I. did
actually set up a government in this colony, conceding to it
powers of making and executing laws, without any reservation to
the English Parliament, of authority to make future laws binding
therein, is a fact which your Excellency has not disproved, if you
have denied it. Nor have you shewn that the Parliament or nation
objected to it; from whence we have inferred that it was an
acknowledged right. And we cannot conceive, why the King has not the
same right to alienate and dispose of countries acquired by the
discovery of his subjects, as he has to "restore, upon a treaty of
peace, countries which have been acquired in war," carried on at the
charge of the nation; or to "sell and deliver up any part of his
dominions to a foreign Prince or state, against the general sense of
the nation;" which is "an act of power," or prerogative, which your
Excellency allows. You tell us, that, "when any new countries are
discovered by English subjects, according to the general law and usage
of nations, they become part of the state. The law of nations is, or
ought to be, founded on the law of reason. It was the saying of
Sir Edwin Sandis, in the great case of the union of the realm of
Scotland with England, which is applicable to our present purpose,
that "there being no precedent for this case in the law, the law
is deficient; and the law being deficient, recourse is to be had
to custom; and custom being insufficient, we must recur to natural
reason;" the greatest of all authorities, which, he adds, "is the
law of nations." The opinions, therefore, and determinations of
the greatest Sages and Judges of the law in the Exchequer Chamber,
ought not to be considered as decisive or binding, in our present
controversy with your Excellency, any further, than they are
consonant to natural reason. If, however, we were to recur to such
opinions and determinations, we should find very great authorities
in our favor, to show, that the statutes of England are not binding on
those who are not represented in Parliament there. The opinion of Lord
Coke, that Ireland was bound by statutes of England, wherein they were
named, if compared with his other writings, appears manifestly to be
Public-domain text, read in full here on John Shaqi.
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