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
grounded upon a supposition, that Ireland had, by an act of their own,
in the reign of King John, consented to be thus bound; and, upon any
other supposition, this opinion would be against reason; for consent
only gives human laws their force. We beg leave, upon what your
Excellency has observed of the colony becoming a part of the state, to
subjoin the opinions of several learned civilians, as quoted by a very
able lawyer in this country. "Colonies," says Puffendorf, "are
settled in different methods; for, either the colony continues a
part of the Commonwealth it was set out from, or else is obliged
to pay a dutiful regard to the mother Commonwealth, and to be in
readiness to defend and vindicate its honor, and so is united by a
sort of unequal confederacy; or, lastly, is erected into a
separate Commonwealth and assumes the same rights, with the state
it descended from." And, King Tullius, as quoted by the same
learned author, from Grotius, says, "we look upon it to be neither
truth nor justice, that mother cities, ought, of necessity, and by
the law of nature, to rule over the colonies."
Your Excellency has misinterpreted what we have said, "that no
country, by the common law, was subject to the laws or the
Parliament, but the realm of England;" and, are pleased to tell
us, "that we have expressed ourselves incautiously."4 We beg leave
to recite the words of the Judges of England, in the before
mentioned case, to our purpose. "If a King go out of England with
a company of his servants, allegiance remaineth among his subjects
and servants, although he be out of his realm, whereto his laws
are confined." We did not mean to say, as your Excellency would
suppose, that "the common law prescribes limits to the extent of
the Legislative power," though, we shall always affirm it to be
true, of the law of reason and natural equity. Your Excellency
thinks, you have made it appear, that the "colony of Massachusetts
Bay is holden as feudatory of the imperial Crown of England;" and,
therefore, you say, "to use the words of a very great authority in
a case, in some respects analogous to it," being feudatory, it
necessarily follows, that "it is under the government of the
King's laws." Your Excellency has not named this authority; but,
we conceive his meaning must be, that being feudatory, it is under
the government of the King's laws absolutely; for, as we have
before said, the feudal system admits of no idea of the authority
of Parliament; and this would have been the case of the colony,
but for the compact with the King in the charter.
Public-domain text, read in full here on John Shaqi.
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