HKB
That "it is evident from the charter itself," that they were to remain subject to parliament, is very unaccountable, when there is not one word in either charter concerning parliament.
That the authority of parliament has been exercised almost ever since the settlement of the country, is a mistake; for there is no instance, until the first Navigation Act, which was in 1660, more than 40 years after the first settlement. This act was never executed or regarded, until 17 years afterwards, and then it was not executed as an act of parliament, but as a law of the colony, to which the king agreed.
"This has been expressly acknowledged by our provincial legislatures." There is too much truth in this. It has been twice acknowledged by our house of Representatives, that parliament was the supreme legislative; but this was directly repugnant to a multitude of other votes by which it was denied. This was in conformity to the distinction between taxation and legislation, which has since been found to be a distinction without a difference.
When a great question is first started, there are very few, even of the greatest minds, which suddenly and intuitively comprehend it, in all its consequences.
It is both "our interest and our duty to continue subject to the authority of parliament," as far as the regulation of our trade, if it will be content with that, but no longer.
"If the colonies are not subject to the authority of parliament, Great Britain and the colonies must be distinct states, as completely so as England and Scotland were before the union, or as Great Britain and Hanover are now." There is no need of being startled at this consequence. It is very harmless. There is no absurdity at all in it. Distinct states may be united under one king. And those states may be further cemented and united together, by a treaty of commerce. This is the case. We have, by our own express consent, contracted to observe the navigation act, and by our implied consent, by long usage and uninterrupted acquiescence, have submitted to the other acts of trade, however grievous some of them may be. This may be compared to a treaty of commerce, by which those distinct states are cemented together, in perpetual league and amity. And if any further ratifications of this pact or treaty are necessary, the colonies would readily enter into them, provided their other liberties were inviolate.
That the colonies owe "no allegiance" to any imperial crown, provided such a crown involves in it an house of lords and a house of commons, is certain. Indeed, we owe no allegiance to any crown at all. We owe allegiance to the person of his majesty, king George the third, whom God preserve. But allegiance is due universally, both from Britons and Americans to the person of the king, not to his crown: to his natural, not his politic capacity: as I will undertake to prove hereafter, from the highest authorities, and most solemn adjudications, which were ever made within any part of the British dominions.
If his majesty's title to the crown is "derived from an act of parliament, made since the settlement of these colonies," it was not made since the date of our charter. Our charter was granted by king William and queen Mary, three years after the revolution; and the oaths of allegiance are established by a law of the province. So that our allegiance to his majesty is not due by virtue of any act of a British parliament, but by our own charter and province laws. It ought to be remembered, that there was a revolution here, as well as in England, and that we made an original, express contract with king William, as well as the people of England.