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these plans, that we can unfold, with precision and accuracy, all the more minute and intricate parts, of which they now consist.
16 The settlement of colonies," says he, must proceed from the option of those who will settle them, else it sounds like an exile: they must be raised by the leave, and not by the command of the king. At their setting out, they must have their commission, or letters patent, from the king, that so they may acknowledge their dependency upon the crown of England, and under his protection." In another place he says, " that they still must be subjects of the realm.” order to regulate all the inconveniences, which will in. sensibly grow upon them,” he proposes, “that the king should erect a subordinate council in England, whose care and charge shall be, to advise, and put in execution, all things which shall be found fit for the good of those new plantations; who, upon all occasions, shall give an account of their proceedings to the king or the council board, and from them receive such directions, as may best agree with the government of that place.”! It is evident, from these quotations, that my Lord Bacon had no conception that the parliainent would or ought to interpose, m either in the settlement or the government of the colonies. The only relation, in which he says the colonists must still continue, is that of subjects: the only depen
The parliament have no subjects. My Lord Bacon gives, in this expression, an instance of the trope of speech before mentioned. He says, the subjects of the realm, when he means the subjects of the king of the realm.
11. Ld. Bac. 725, 726.
m It was chiefly during the confusions of the republick, when the king was in exile, and unable to assert his rights, that the house of commons began to interfere in colony matters,
dency, which they ought to acknowledge, is a dependency on the crown.
This is a dependence, which they have acknowledged hitherto ; which they acknowledge now; and which, if it is reasonable to judge of the future by the past and the present, they will continue to acknowledge hereafter. It is not a dependence, like that contended for on parliament, slavish and unaccountable, or accounted for only by principles that are false and inapplicable : it is a dependence founded upon the principles of reason, of liberty, and of law. Let us investigate its sources.
The colonists'ought to be dependent on the king, because they have hitherto enjoyed, and still continue to enjoy, his protection. Allegiance is the faith and obe- . dience, which every subject owes to his prince. This obedience is founded on the protection derived from government: for protection and allegiance are the reci. procal bonds, which connect the prince and his subjects." Every subject, so soon as he is born, is under the royal protection, and is entitled to all the advantages arising from it. He therefore owes obedience to that royal power, from which the protection, which he enjoys, is derived. But while he continues in infancy and non-age, he cannot perform the duties which his allegiance requires. The performance of them must be respited till he arrive at the years of discretion and maturity. When
n Between the sovereign and subject there is duplex et reciprocum ligamen; quia sicut subditus regi tenetur ad obedientiam ; ita rex subdito tenetur ad protectionem : merito igitur ligeantia dicitur a ligando, quia continet in se duplex ligamen. 7. Rep. 52. Calvin's
he arrives at those years, he owes obedience, not only for the protection which he now enjoys, but also for that which, from his birth, he has enjoyed; and to which his tender age has hitherto prevented him from making a suitable return. Allegiance now becomes a duty founded upon principles of gratitude, as well as on principles of interest: it becomes a debt, which nothing but the loyalty of a whole life will discharge. As neither climate, nor soil, nor time entitle a person to the benefits of a subject; so an alteration of climate, of soil, or of time cannot release him from the duties of one. An Englishman, who removes to foreign countries, however distant from England, owes the same allegiance to his king there which he owed him at home; and will owe it twenty years hence as much as he owes it now. Wherever he is, he is still liable to the punishment annexed by law to crimes against his allegiance; and still entitled to the advantages promised by law to the duties of it: it is not cancelled; and it is not forfeited. “ Hence all children born in any
part of the world, if they be of English parents continuing at that time as liege subjects to the king, and having done no act to forfeit the benefit of their alle
giance, are ipso facto naturalized: and if they have “ issue, and their descendants intermarry among them6 selves, such descendants are naturalized to all genera6 tions.'
o The king is protector of all his subjects: in virtue of his high trust, he is more particularly to take care of those who are not able to take care of themselves, consequently of infants, who, by reason of their aonage, are under incapacities; from hence natural allegiance arises, as a debt of gratitude, which can never be can. celled, though the subject owing it goes out of the kingdom, or swears allegiance to another prince. 2. P. Wms. 123. 194.
P 4. Ld. Bac. 192. Case of the postnati of Scotland.
Thus we see, that the subjects of the king, though they reside in foreign countries, still owe the, duties of allegiance, and are still entitled to the advantages of it. They transmit to their posterity the privilege of naturalization, and all the other privileges which are the consequences of it. a
Now we have explained the dependence of the Americans. They are the subjects of the king of Great Britain. They owe him allegiance. They have a right to the benefits which arise from. preserving that allegiance inviolate. They are liable to the punishments which await those who break it. This is a dependence, which they have always boasted of. The principles of loyalty are deeply rooted in their hearts; and there they will grow and bring forth fruit, while a drop of vital blood remains to nourish them. Their history is not stained with rebellious and treasonable machinations : an inviolable attachment to their sovereign, and the warmest zeal for his glory, shine in every page.
From this dependence, abstracted from every other source, arises a strict connexion between the inhabitants of Great Britain and those of America. They are fellow subjects; they are under allegiance to the same prince ; and this union of allegiance naturally produces a union of hearts. It is also productive of a union of measures through the whole British dominions. To the
9 Natural born subjects have a great variety of rights, which they acquire by being born in the king's ligeance, and can never forfeit by any distance of place or time, but only by their own mis behaviour; the explanation of which rights is the principal subject of the law. 1. Bl. Com. 371.
king is intrusted the direction and management of the great machine of government. He therefore is fittest to adjust the different wheels, and to regulate their motions in such a manner as to cooperate in the same general designs. He makes war: he concludes peace : he forms alliances : he regulates domestick trade by his prerogative, and directs foreign commerce by his treaties with those nations, with whom it is carried on. He names the officers of government; so that he can check every jarring movement in the administration. He has a negative on the different legislatures throughout his dominions, so that he can prevent any repugnancy in their different laws.
The connexion and harmony between Great Britain and us, which it is her interest and ours mutually to cultivate, and on which her prosperity, as well as ours, so materially depends, will be better preserved by the operation of the legal prerogatives of the crown, than by the exertion of an unlimited authority by parliament."
r After considering, with all the attention of which I am capable, the foregoing opinion, that all the different members of the British empire are distinct states, independent of each other, but connected together under the same sovereign in right of the same crown-I discover only one objection that can be offered against it. But this objection will, by many, be deemed a fatal one. “ How, it will be urged, can the trade of the British empire be carried on, without some power, extending over the whole, to regulate it? The legis. lative authority of each part, according to your doctrine, is confined within the local bounds of that part: how, then, can so many interfering interests and claims, as must necessarily meet and contend in the commerce of the whole, be decided and adjusted ?”.
Permit me to answer these questions by proposing some others in my turn. How has the trade of Europe-how has the trade of