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
We are happy to hear your Excellency say, that "our remarks upon,
and construction of the words, not repugnant to the laws of
England, are much the same with those of the Council." It serves
to confirm us in our opinion, in what we take to be the most
important matter of difference between your Excellency and the two
Houses. After saying, that the statute of 7th and 8th of William
and Mary favors the construction of the words, as intending such
laws of England as are made more immediately to respect us, you
tell us, that "the province Agent, Mr. Dummer, in his much
applauded defence, says, that, then a law of the plantations may
be said to be repugnant to a law made in Great Britain, when it
flatly contradicts it, so far as the law made there, mentions and
relates to the plantations."6 This is plain and obvious to common
sense, and, therefore, cannot be denied. But, if your Excellency
would read a page or two further in that excellent defence,7 you
will see that he mentions this as the sense of the phrase, as
taken from an act of Parliament, rather than as the sense he would
choose himself to put upon it; and, he expressly designs to show,
in vindication of the charter, that, in that sense of the words,
there never was a law made in the plantations repugnant to the
laws of Great Britain. He gives another construction, much more
likely to be the true intent of the words, namely, "that the
patentees shall not presume, under color of their particular
charters, to make any laws inconsistent with the great charter,
and other laws of England, by which the lives, liberties, and
properties of Englishmen are secured."8 This is the sense in which
our ancestors understood the words; and, therefore, they are
unwilling to conform to the acts of trade, and disregarded them
till they made provision to give them force in the colony, by a
law of their own; saying, that "the laws of England did not reach
America; and those acts were an invasion of their rights, liberties,
and properties," because they were not "represented in Parliament."
The right of being governed by laws, which were made by persons, in
whose election they had a voice, they looked upon as the foundation
of English liberties. By the compact with the King, in the charter,
they were to be as free in America, as they would have been if they
had remained within the realm; and, therefore, they freely asserted,
that they "were to be governed by laws made by themselves, and by
officers chosen by themselves." Mr. Dummer says, "it seems reasonable
enough to think that the Crown," and, he might have added, our
ancestors, "intended by this injunction to provide for all its
subjects, that they might not be oppressed by arbitrary power; but
being still subjects, they should be protected by the same mild laws,
and enjoy the same happy government, as if they continued within the
realm."9 And, considering the words of the charter in this light,
he looks upon them as designed to be a fence against oppression
Public-domain text, read in full here on John Shaqi.
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