Founding America (Barnes & Noble Classics) - Jack N. Rakove [15]
I know of no Arguments, founded in Reason, which will be sufficient to Support these Principles or to justify the Measures taken in Consequence of them. It has been urged, that the sole Power of making Laws is granted by Charter to a Legislature established in the Province, consisting of the King by his Representative the Governor, the Council and the House of Representatives—that by this Charter there are likewise granted or assured to the Inhabitants of the Province all the Liberties and Immunities of free and natural Subjects, to all Intents, Constructions and Purposes whatsoever, as if they had been born within the Realm of England—that it is Part of the Liberties of English Subjects, which has its Foundation in Nature, to be governed by Laws made by their Consent in Person or by their Representative—that the Subjects in this Province are not and cannot be Represented in the Parliament of Great-Britain and, consequently, the Acts of Parliament cannot be binding upon them.
I do not find, Gentlemen, in the Charter such an Expression as sole Power or any Words which import it. The General Court has, by Charter, full Power to make such Laws as are not repugnant to the Laws of England. A favourable Construction has been put upon this Clause when it has been allowed to intend such Laws of England only as are expres[s]ly declared to respect us. Surely then this is by Charter a Reserve of Power and Authority to Parliament to bind us by such Laws, at least, as are made expressly to refer to us and, consequently, is a Limitation of the Power given to the General Court. Nor can it be contended that by the Liberties of free and natural Subjects is to be understood an Exemption from Acts of Parliament because not represented there, seeing it is provided, by the same Charter, that such Acts shall be in Force; and if they that make the Objection to such Acts will read the Charter with Attention, they must be convinced that this Grant of Liberties and Immunities is nothing more than a Declaration and Assurance on the Part of the Crown that the Place to which their Predecessors were about to remove was and would be considered as Part of the Dominions of the Crown of England, and therefore that the Subjects of the Crown so removing, and those born there or in their Passage thither or in their Passage from thence, would not become Aliens but would throughout all Parts of the English Dominions, wherever they might happen to be, as well within the Colony, retain the Liberties and Immunities of free and natural Subjects, their Removal from or not being born within the Realm notwithstanding. If the Plantations be Part of the Dominions of the Crown, this Clause in the Charter does not confer or reserve any Liberties but what would have been enjoyed without it and what the Inhabitants of every other Colony do enjoy where they are without a Charter. If the Plantations are not the Dominions of the Crown will not all that are born here be considered as born out of the Ligeance of the King of England, and whenever they go into any Part of the Dominions will they not be deemed Aliens to all Intents and Purposes, this Grant in the Charter notwithstanding?
They who claim Exemption from Acts of Parliament by Virtue of their Rights as Englishmen, should consider that it is impossible the Rights of English Subjects should be the same, in every Respect, in all parts of the Dominions. It is one of their Rights as English Subjects to be governed by Laws made by Persons in whose Election they have, from Time to Time, a Voice—They remove from the Kingdom where, perhaps, they were in the full Exercise of this Right to the Plantations where it cannot be exercised or where the Exercise of it would be of no Benefit to them. Does it follow that the Government, by their Removal from one Part of the Dominions to another, loses