The U.S. Constitution: A Reader
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5thly. The supreme power cannot take from any man any part of his property, without his consent in person or by representation.
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6thly. The legislative cannot transfer the power of making laws...
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These are their bounds, which by God and nature are fixed, hitherto have they a right to come, and no fur...
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Those laws should have no other end ultimately, but the good of the people. Taxes are not to be laid on the people, but by their consent in person, or by deputa...
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I can see no reason to doubt, but that the imposition of taxes, whether on trade, or on land, or houses, or ships, on real or personal, fixed or floating property, in the colonies, is absolutely irreconcilable with the rights of the Colonists, as British subjects, and as men.
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If a man is not his own assessor in person, or by deputy, his liberty is gone, or lays entirely at the mercy of others.
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With regard to the public, it is the duty of every
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good citizen to point out what he thinks erroneous in the commonwealth....
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To say the parliament is absolute and arbitrary, is a contradiction. The parliament cannot make two and two, five: Omnipotency cannot do it. The supreme power in a state, is jus dicere only...
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The supreme legislative, and the supreme executive, are a perpetual check and balance to each other.
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The sum of my argument is, That civil government is of God: that the administrators of it were originally the whole people: that they might have devolved
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on whom they pleased: that this devolution is fiduciary, for the good of the whole: that by the British constitution, this devolution is on the King, lords and commons, the supreme, sacred and uncontrollable legislative power, not only in the realm, but through the dominions: that by the abdication, the original compact was broken to pieces: that by the revolution, it was renewed, and more firmly established, and the rights and liberties of the subject in all parts of the dominions, more fully explained and confirmed: that in consequence of this establishment and the acts of succession and ...more
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subordinate legislature: that the refusal of this, would seem to be a contradiction in practice to the theory of the constitution: that the colonies are subordinate dominions, and are now in such a state, as to make it best for the good of the whole, that they should not only be continued in the enjoyment of subordinate legislation, but be also represented in some proportion to their number and estates in the grand legislation of the nation: that this would firm...
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legislature. British implementation of the Coercive Acts of 1774 (also known as the Intolerable Acts)—passed in response to the Boston Tea Party—prompted the "Summary View," Jefferson's first publication.
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Written for Virginians who were choosing delegates to the First Continental Congress, it laid the groundwork for later appeals by a "free people, claiming their rights as derived from the laws of nature."
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Resolved, that it be an instruction to the said deputies when assembled in General Congress with the deputies from the other states of British America to propose to the said Congress that an humble and dutiful address be presented to his majesty begging leave to lay before him as chief magistrate of the British empire the united complaints of his majesty's subjects in America; complaints which are excited by many unwarrantable encroachments and usurpations, attempted to be made by the legislature of one part of the empire, upon those rights which god and the laws have given equally and ...more
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And in order that these our rights, as well as the invasions of them, may be laid more fully before his majesty, to take a view of them from the origin and first settlement of these countries.
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To remind him that our ancestors, before their emigration to America, were the free inhabitants of the British dominions in Europe, and possessed a right, which nature has given to all men, of departing from the country in which chance, not choice has placed them, of going in quest of new habitations, and of there establishing new societies, under such laws and regulations as to them shall seem most likely to promote public happiness.
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America was conquered, and her settlements made and firmly established, at the expense of individuals, and not of the British public. Their own blood was spilt in acquiring lands for their settlement, their own fortunes expended in making that settlement effectual. For themselves they fought, for
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themselves they conquered, and for themselves alone they have right to hold.
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That settlements having been thus effected in the wilds of America, the emigrants thought proper to adopt that system of laws under which they had hitherto lived in the mother country, and to continue their union with her by submitting themselves to the same common sovereign, who was thereby made the central link connecting the several parts of the empire thus newly multiplied.
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That the exercise of a free trade with all parts of the world, possessed by the American colonists as of natural right,
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and which no law of their own had taken away or abridged, was next the object of unjust encroachment.... The true ground on which we declare these acts void is that the British parliament has no right to exercise authority over us....
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Single acts of tyranny may be ascribed to the accidental opinion of a day; but a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers, too plainly prove a deliberate, systematical plan of reducing us to slavery.
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same seventh year of his reign, having been a peculiar attempt, must ever require peculiar mention. It is entitled "an act for suspending the legislature of New York." One free and independent legislature hereby takes upon itself to suspend the powers of another, free and independent as itself, thus exhibiting a phaenomenon, unknown in nature, the creator and creature of its own power.
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An exasperated people, who feel that they possess power, are not easily restrained within limits strictly regular.
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That these are the acts of power assumed by a body of men foreign to our constitutions, and unacknowleged by our laws; against which we do, on behalf of the inhabitants of British America, enter this our solemn and determined protest. And we do earnestly intreat his majesty, as yet the only mediatory power between the several states of the British empire, to recommend to his parliament of Great Britain the total revocation of these acts, which however nugatory they be, may yet prove the cause of further discontents and jealousies among us.
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It is now therefore the great office of his majesty to resume the exercise of his negative power, and to prevent the passage of laws by any one legislature of the empire which might bear injuriously on the rights and interests of another. Yet this will not excuse the wanton exercise of this power which we have seen his majesty practice on the laws of the American legislatures.
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The abolition of domestic slavery is the great object of desire in those colonies where it was unhappily introduced in their infant state.
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But previous to the infranchisement of the slaves we have, it is necessary to exclude all further importations from Africa.
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With equal inattention to the necessities of his people here, has his majesty permitted our laws to lie neglected in England for years, neither confirming them by his assent, nor annulling them by his negative: so that such of them as have no suspending clause, we hold on the most precarious of all tenures, his majesty's will, and such of them as suspend themselves till his majesty's assent be obtained we have feared might be called into existence at some future and distant period, when time and change of circumstances shall have rendered them destructive to his people here.
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One of the articles of impeachment against Tresilian and the other judges of Westminster Hall in the reign of Richard the second, for which they suffered death as traitors to their country, was that they had advised the king that he might dissolve his parliament at any time: and succeeding kings have adopted the opinion of these unjust judges. Since the establishment however of the British constitution at the glorious Revolution on it's free and ancient principles, neither his majesty nor his ancestors have exercised such a power of dissolution in the island of Great Britain; and when his ...more
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But how different their language and his practice here! To declare as their duty required the known rights of their country, to oppose the usurpation of every foreign judicature, to disregard the imperious mandates of
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a minister or governor, have been the avowed causes of dissolving houses of rep...
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But your majesty or your Governors have carried this power beyond every limit known or provided for by the laws.
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view. But his majesty has lately taken on him to advance the terms of purchase and of holding to the double of what they were, by which means the acquisition of lands being rendered difficult, the population of our country is likely to be checked. It is time therefore for us to lay this matter before his majesty, and to declare that he has no right to grant lands of himself. From the nature and purpose of civil institutions, all the lands within the limits which any particular society has circumscribed around itself, are assumed by that society, and subject to their allotment only.
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That, in order to inforce the arbitrary measures before complained of, his majesty has from time to time sent among us large bodies of armed forces, not made up of the people here, nor raised by the authority of our laws.
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proper. But his majesty has no right to land a single armed man on our shores; and those whom he sends here are liable to our laws for the suppression and punishment of Riots, Routs, and unlawful assemblies, or are hostile bodies invading us in defiance of law.
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Every state must judge for itself the number of armed men which they may safely trust among them, of whom they are to consist, and under what restrictions they are to be laid. To render these proceedings still more criminal against our laws, instead of subjecting the military to the civil power, his majesty has expressly made the civil subordinate to the military. But can his majesty thus put down all law under his feet? Can he erect a power superior to that which erected himself? He has done it indeed by force; but let him remember that force cannot give right.
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That these are our grievances which we have thus laid before his majesty with that freedom of language and sentiment which becomes a free people, claiming their rights as derived from the laws of nature, and not as the gift of their chief magistrate.
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We are willing on our part to sacrifice every thing which reason can ask to the restoration of that tranquility for which all must wish.
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The god who gave us life, gave us liberty at the same time: the hand of force may destroy, but cannot disjoin them. This, Sire, is our last, our determined resolution: and that you will be pleased to interpose with that efficacy which your earnest endeavors
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may insure to procure redress of these our great grievances, to quiet the minds of your subjects in British America against any apprehensions of future encroachment, to establish fraternal love and harmony through the whole empire, and that that may continue to the latest ages of time, is the fervent prayer of all British America.
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Pastors and ministers were among the highest educated citizens in the American colonies, and often addressed politics from the pulpit. This sermon by Hitchcock was delivered on election day in 1774, in the presence of General Thomas Gage, the British military governor of the Province of Massachusetts Bay. It decries British monarchical rule and celebrates the idea of the consent of the governed, appealing to reason as well as revelation.
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In a mixed government, such as the British, public virtue and religion, in the several branches, though they may not be exactly of a mind in every measure,
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will be the security of order and tranquility—Corruption and venality, the certain source of confusion and misery to the state.
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This form of government, in the opinion of subjects and strangers, is happily calculated for the preservation of the Righ...
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Much, however, depends on union; and the concern of every part to pursue the grea...
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In such a government, rulers have their distinct powers assigned them by the people, who are the only source of civil authority on earth, with the view of having them exercised for the public advantage; and in proportion as this worthy end of their investiture is kept in sight, and prose...
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In a state of nature men are equal, exactly on a par in regard to authority: each one is a law to himself, having the law of God, the sole rule of conduct, written on his heart.
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