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 has not thought proper, to attempt to confute the
reasoning of a learned writer on the laws of nature and nations,
quoted by us, on this occasion, to shew that the authority of the
Legislature does not extend so far as the fundamentals of the
constitution. We are unhappy in not having your remarks upon the
reasoning of that great man; and, until it is confuted, we shall
remain of the opinion, that the fundamentals of the constitution
being excepted from the commission of the Legislators, none of the
acts or doings of the General Assembly, however deliberate and
solemn, could avail to change them, if the people have not, in
very express terms, given them the power to do it; and, that much
less ought their acts and doings, however numerous, which barely
refer to acts of Parliament made expressly to relate to us, to be
taken as an acknowledgment, that we are subject to the supreme
authority of Parliament.
We shall sum up our own sentiments in the words of that learned
writer, Mr. Hooker, in his Ecclesiastical Policy, as quoted by Mr.
Locke. "The lawful power of making laws to command whole political
societies of men, belonging so properly to the same entire
societies, that for any prince or potentate of what kind soever,
to exercise the same of himself, and not from express commission,
immediately and personally received from God, is no better than
mere tyranny. Laws, therefore, they are not, which public
approbation hath not made so; for human laws, of what kind soever,
are available by consent." "Since men, naturally, have no full and
perfect power to command whole politic multitudes of men,
therefore, utterly without our consent, we could in such sort, be
at no man's commandment living. And to be commanded, we do not
consent, when that society. whereof we be a party, hath at any
time before consented." We think your Excellency has not proved,
either that the colony is a part of the politic society of
England, or that it has ever consented that the Parliament of
England or Great Britain, should make laws binding upon us, in all
cases, whether made expressly to refer to us or not.
Public-domain text, read in full here on John Shaqi.
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