Political Sermons of the American Founding Era: 1730–1805. Группа авторов
and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the crown of Great-Britain, in all cases whatsoever.
And be it further declared and enacted, by the authority aforesaid, That all resolutions, votes, orders and proceedings, in any of the said colonies or plantations, whereby the power and authority of the Parliament of Great-Britain to make laws and statutes as aforesaid is denied, or drawn into question, are, and are hereby declared to be utterly null and void to all intents and purposes whatsoever.
This is the standard of dependence which the Parliament of Great-Britain hath fixed for the British colonies on the 18th of March, 1766. The Stamp Act was repealed the same day, and the opinion of several noblemen who protested against that repeal was,
that this declaratory bill cannot possibly obviate the growing mischiefs in America, where it may seem calculated only to deceive the people of Great-Britain, by holding forth a delusive and nugatory affirmance of the legislative right of Great-Britain, whilst the enacting part of it does no more than abrogate the resolutions of the House of Representatives in the North-American colonies, which have not in themselves the least colour of authority, and declares that which is apparently and certainly criminal only null and void.
I presume I may venture to affirm, that in and by this act, the Parliament did not mean to set aside the constitution, infringe the liberties of British subjects, or to vindicate unto themselves an authority which it had not before, was known to have, and would always have had, though this act had never been made. I also find, that, in order to overset any act, law, resolution, or proceeding, of the colony assemblies, nothing seems necessary, but that the Parliament should declare it null and void to all intents and purposes whatsoever. And it seems pretty clear, that the same power that can disannul any act by a simple declaration, with one single stroke more, can also annihilate the body that made it.
The remark already made, that though all the different parts of the British empire are in a state of dependence upon the Parliament of Great-Britain, yet that the nature and degree of dependence is not exactly alike in the respective different parts of the same, will receive new strength and light, if we compare the act for better securing the dependency of Ireland with that for better securing the dependency of the colonies. Both acts, though at different times, have been made by the same authority, and for a similar purpose, and none can better tell us what kind and degree of dependency the Parliament expects and requires of its dependents than the Parliament itself.
The Irish is entitled in very general words, for the better securing the dependency of Ireland.
The title of the American law is more explicit; Ireland’s dependency is mentioned, but the dependency of the Americans is more clearly expressed, and said to be upon the crown and Parliament of Great-Britain. America seems to owe two dependencies, one to the crown, and one to the Parliament.
The preamble of the Irish bill brings no less a charge than an attempt to shake off subjection unto and dependence upon the imperial crown of Great-Britain.
The preamble of the American bill brings no such accusation, but only, that the Americans have claimed an exclusive right to lay on taxes on his majesty’s subjects within the colonies, and passed votes and resolutions derogatory to the legislative power of Parliament, and inconsistent with the dependency of the said colonies and plantations upon the crown (the word and Parliament is not made use of in this place) of Great-Britain. The principal differences between these bills seems to me to lie in this, that Ireland is said to be subject to and dependent only on the crown of Great-Britain, whereas America throughout is declared subject, at least dependent and subordinate, not only to the crown, but also to the Parliament of Great-Britain, and then Ireland is only declared dependent upon, and subordinate to, in very gentle terms, whereas the right of making laws to bind the Americans is expressed in these very strong, most extensive terms, in all cases whatsoever.
Time was when the dependency of the colonies upon England was spoke of exactly in the terms made use of for Ireland; the charter of this province saith, “our pleasure is, that the tenants and inhabitants of the said province be subject immediately to the crown of England, as depending thereof forever”; but by the late law all America is said to be dependent on crown and Parliament. This alteration seems to me by no means immaterial, but to imply a change both in the subjection expected from the colony and in the authority to which the colony owes dependency and subordination. In Parliament, king, lords, and commons, constitute the supreme power; but as each of these has its own distinct unalienable right, and incommunicable prerogatives, rights, or privileges, so I cannot but conceive dependency upon the crown and dependency upon crown and Parliament are things not exactly alike. If (as asserted in the charter) the colonies at some time or other were only dependent on the crown, and now are subordinate unto and dependent upon crown and Parliament, it should seem both the authority on which they depend, and the nature of their dependency, hath undergone some alteration; neither doth this appear to me a trifling alteration, and it seems to me at least if so it must needs make some alteration in the system of government and obedience.
Hitherto all appeals from the colonies, after passing thro’ chancery in America, have been made to the king in council; this I conceive must have been in consequence of the dependency of the colonies immediately upon the crown; but perhaps for the future appeals will not be carried to the king in council, but to the king and Parliament.
The crown has hitherto had a right of a negative upon all American laws, and they were obliged to be passed in America with a saving clause; but if, as is asserted in the declaratory bill, the king has a right and power to make laws to bind the Americans, by and with the advice and consent of the lords spiritual and temporal, and commons of Great-Britain, assembled in Parliament, then probably the same authority must also concur to repeal the laws made in America, whereas the crown hitherto repealed any law made in America without asking or waiting for the consent of Lords and Commons.
It appears also, by a late act suspending the assembly of New-York, that the parliamentary authority also extends to suspend, which is but another word for proroguing or dissolving (or annihilating) assemblies; all which has hitherto been done by the crown without the interfering of Parliament: But that the crown hath a right of proroguing or dissolving the Parliament itself by its own authority I suppose will not be denied. I cannot dismiss this subject without observing, that even the declaratory bill speaks of the assemblies in America as Houses of Representatives. If it is allowed that they are represented in America, unless they are represented doubly, they cannot be represented any where else; this strikes at the root of virtual representation, and if representation is the basis of taxation, they cannot be taxed but where they are represented, unless they are doubly taxed, as well as doubly represented.
It is evident upon the whole, that a much greater degree of dependency and subordination is expected of America than of Ireland, though, by the way, Ireland, in the preamble of their bill, is charged with much greater guilt than America; nay, the words in all cases whatsoever are so exceeding extensive, that, in process of time, even hewing of wood, and drawing of water, might be argued to be included in them.
It was necessary to state the authority claimed by Parliament over America as clear and full as possible; with regard to the Americans it must be owned, when they profess to owe dependency and subordination to the British Parliament, they do not mean so extensive and absolute a dependency as here seems to be claimed, but that they think themselves in a constitutional manner dependent upon and in subordination to the crown and Parliament of Great-Britain, even those votes, resolutions, and proceedings, which are disannulled by the House of Commons and the declaratory bill, most fully and chearfully declare.
It has indeed been said, that unless they are subject to all the British acts in which they are mentioned, they are subject to none of any kind whatsoever, and consequently to be considered as independent of the legal and parliamentary power of Great-Britain; but I should think it might be as fairly and safely concluded, that while the Americans declare themselves subject to any one law of the British legislature, it cannot be said they declare themselves independent, or not subject to any law whatever.
In so delicate and important a matter, may I be permitted to observe, that the measure