Political Sermons of the American Founding Era: 1730–1805. Группа авторов

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СКАЧАТЬ agreeable to the constitution, then it can no more make laws, which are against the constitution, or the unalterable privileges of British subjects, than it can alter the constitution itself. Supposing a Parliament, under some of the arbitrary reigns of the last century, should have made a law, that for the future the king’s warrant should be sufficient to lay a tax on the subject, or to oblige him to pay ship money, it would have been an act of the supreme legislature, but it may safely be doubted, whether the nation would have thought it constitutional. I conclude therefore, that the power of Parliament, and of every branch of it, has its bounds assigned by the constitution.

      If the power of the Parliament is limited by the constitution, it may not be improper next to enquire, whether the power of the British Parliament affects all the subjects of the British empire in the same manner.

      If the power of the British Parliament affects all the subjects of the British empire in the same manner, it follows, that all the laws made by the British Parliament are binding alike upon all those over whom this power extends, or in other words, that all the subjects of the British empire are bound not only by those laws in which they are expressly mentioned, but every law by the Parliament made, for what need is there to mention every individual of those for whom the law is made in general, every subject therefore of the British empire, upon this supposition, must be bound by every law of the British Parliament, unless expressly excepted.

      Those that hold the subjects of Great-Britain, living without England or Scotland, are bound by every law in which they are mentioned, seem also clearly to hold, that the same persons are not bound by such laws in which they are not mentioned. Thus the alternative, that the subjects of the British empire must be subject to all or none of the laws of the British Parliament, is limited even by those who plead for an universal submission. He that is only bound to obey some laws, cannot be said to be bound by all laws, as, on the contrary, he that is bound to obey all laws, is excused in none.

      I suppose, before the union with Scotland, none would have scrupled to call the English Parliament the supreme legislature of all the British empire, though Scotland was still an independent kingdom, and by the union Scotland and its Parliament was not swallowed up and absorbed by England and its Parliament, but united with the kingdom, and the Parliaments also of the two kingdoms united in one general legislature. The ecclesiastical laws and constitution also of each kingdom remains as it was before, i.e. entirely different from each other.

      Perhaps it may not be amiss to conceive, that the authority of the British Parliament extends over the whole British nation, though the different respective subjects are not altogether alike affected by its laws: That, with regard to national trade, the power of making it most beneficial to the head and every branch of the empire is vested in the British Parliament, as the supreme power in the nation, and that all the British subjects every where have a right to be ruled by the known principles of their common constitution.

      Next, it may be proper to take a nearer view how far, and in what manner, the acts of Parliament operate upon the different subjects of the British empire.

      England doubtless is the first and primary object of the British Parliament, and therefore all laws immediately affect every resident in England; and of the king himself it has been said, Rex Angliæ in regno suo non habet superiorem nisi Deum & legem. Proceedings at law I take to be the same in England and England’s dependencies.

      Scotland is united with England, and therefore there is a different operation of the laws that subsisted before and those that have been made since the union, and even these do not affect Scotland as of themselves; but in consequence of and in the terms of the union between the two nations, the union makes no alteration in proceedings at law, nor does it take away any private property.

      Ireland is a distinct kingdom, and hath been conquered from the native Irish two or three times by the English; it hath nevertheless a Parliament of its own, and is a part of the British empire. It will best appear how far the British Parliament think Ireland dependent upon Great-Britain, by inserting, A Bill for the better securing of the Dependency of Ireland. The act was as follows:

      Whereas attempts have lately been made to shake off the subjection of Ireland unto, and dependence upon the imperial crown of this realm, which will be of dangerous consequence to Great-Britain and Ireland. And whereas the House of Lords in Ireland, in order thereto, have, of late, against law, assumed to themselves a power and jurisdiction to examine, correct and amend, the judgment and decrees of the courts of justice in the kingdom of Ireland; therefore, for the better securing of the dependency of Ireland upon the crown of Great-Britain, may it please your Majesty, that it may be enacted, and it is hereby declared and enacted, by the King’s most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the said kingdom of Ireland hath been, is, and of right ought to be, subordinate unto, and dependent upon the imperial crown of Great-Britain, as being inseparably united and annexed thereunto, and that the King’s Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons of Great-Britain, in Parliament assembled, had, hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the people and kingdom of Ireland.

      And be it farther enacted, by the authority aforesaid, That the House of Lords of Ireland have not, nor of right ought to have, any jurisdiction to judge of, affirm, or reverse any judgment, sentence, or decree, given or made in any court within the said kingdom, and that all proceedings before the House of Lords upon any such judgment, sentence, or decree, are, and are hereby declared to be utterly null and void to all intents and purposes whatsoever.

      The occasion of this bill was an appeal brought 1719 from the House of Peers in Ireland to the House of Peers in England. A Pitt was the first that spoke against it in the House of Commons, because, as he said, in his opinion it seemed calculated for no other purpose than to encrease the power of the British House of Peers, which in his opinion was already but too great. The duke of Leeds protested against it in the House of Lords, and gave fifteen reasons to support the claim of the House of Peers in Ireland. The bill however passed, though Mr. Hungerford, Lord Molesworth, Lord Tyrconel, and other members, endeavoured to shew, that Ireland was ever independent with respect to courts of judicature. Some proposals have several years ago been made to incorporate Ireland with Great-Britain, but without any effect.

      The Islands of Guernsey and Jersey, though in ecclesiastical matters considered as a part of Hampshire, are under the direction of an assembly called the Convention of the States of Jersey, &c. The Isle of Man hath lately been annexed to the crown, but their own Manks laws still obtain in the island.

      The British colonies and islands in America are not the least important part of the British empire; that these owe a constitutional dependence to the British Parliament I never heard they denied; though of late they have frequently been charged with it, these charges have not been grounded upon any declaration of theirs of the kind, their very petitioning, petitions and resolutions, manifestly speaking the very reverse; but their aversion to certain new duties, laid upon them for the sole purpose of raising a revenue, have been made a handle of against them, and they have as good as been charged, that they declare themselves an independent people. These insinuations the Americans are apt to look upon as being neither very fair nor very friendly; however at present I would only consider what kind of dependence is expected from the American colonies. An act of Parliament has fixed that of Ireland; a later act of the same power hath also fixed that of America, though, as will appear from the comparison, not altogether on the same footing. The act is entitled, An Act for the better securing the Dependency of his Majesty’s Dominions in America upon the Crown and Parliament of Great-Britain, and runs thus:

      Whereas several of the Houses of Representatives in his Majesty’s colonies and plantations in America have of late, against law, claimed to themselves, or to the General Assemblies of the same, the sole and exclusive СКАЧАТЬ