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Founding America (Barnes & Noble Classics) - Jack N. Rakove [16]

By Root 1837 0
its Authority over that Part to which they remove, and that they are freed from the Subjection they were under before; or do they expect that Government should relinquish its Authority because they cannot enjoy this particular Right? Will it not rather be said that, by this their voluntary Removal, they have relinquished for a Time at least, one of the Rights of an English Subject which they might if they pleased have continued to enjoy and may again enjoy whensoever they will return to the Place where it can be exercised?

They who claim Exemption, as Part of their Rights by Nature, should consider that every Restraint which Men are laid under by a State of Government is a Privation of Part of their natural Rights, and of all the different Forms of Government which exist, there can be no two of them in which the Departure from Natural Rights is exactly the same. Even in Case of Representation by Election, do they not give up Part of their natural Rights when they consent to be represented by such Person as shall be chosen by the Majority of the Electors, although their own Voices may be for some other Person? And is it not contrary to their natural Rights to be obliged to submit to a Representative for seven Years, or even one Year, after they are dissatisfied with his Conduct, although they gave their Voices for him when he was elected? This must therefore be considered as an Objection against a State of Government rather than against any particular Form.

If what I have said shall not be sufficient to satisfy such as object to the Supreme Authority of Parliament over the Plantations, there may something further be added to induce them to an Acknowledg ment of it which I think will well deserve their Consideration. I know of no Line that can be drawn between the supreme Authority of Parliament and the total Independence of the Colonies: It is impossible there should be two independent Legislatures in one and the same State, for although there may be but one Head, the King, yet the two Legislative Bodies will make two Governments as distinct as the Kingdoms of England and Scotland before the Union. If we might be suffered to be altogether independent of Great-Britain, could we have any Claim to the Protection of that Government of which we are no longer a Part? Without this Protection should we not become the Prey of one or the other Powers of Europe, such as should first seize upon us? Is there any Thing which we have more Reason to dread than Independence? I hope it will never be our Misfortune to know by Experience the Difference between the Liberties of an English Colonist and those of the Spanish, French or Dutch.

If then the Supremacy of Parliament over the whole British Dominions shall no longer be denied, it will follow that the meer Exercise of its Authority can be no Matter of Grievance. If it has been or shall be exercised in such Way and Manner as shall appear to be grievous, still this cannot be sufficient Grounds for immediately denying or renouncing the Authority or refusing to submit to it. The Acts and Doings of Authority in the most perfect Form of Government will not always be thought just and equitable by all the Parts of which it consists, but it is the greatest Absurdity to admit the several parts to be at Liberty to obey or disobey according as the Acts of such Authority may be approved or disapproved of by them, for this necessarily works a Dissolution of the Government. The Manner then of obtaining Redress must be by Representations and Endeavours, in such Ways and Forms as the established Rules of the Constitution prescribe or allow in order to make any Matters alledged to be Grievances appear to be really such; but I conceive it is rather the meer Exercise of this Authority which is complained of as a Grievance, than any heavy Burdens which have been bro’t upon the People by Means of it.

As Contentment and Order were the happy Effects of a Constitution strengthened by universal Assent and Approbation, so Discontent and Disorder are now the deplorable Effects of a Constitution enfeebled by Contest

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