Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/216

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176
HISTORY OF THE COLONIES.
[BOOK I.

nies are not, and from their local circumstances cannot be represented in the house of commons of Great Britain. That the only representatives of these colonies are persons chosen therein by themselves; and that no taxes ever have been, or can be, constitutionally imposed upon them, but by their respective legislatures. That all supplies of the crown being free gifts from the people, it is unreasonable and inconsistent with the principles and spirit of the British constitution for the people of Great Britain to grant to his majesty the property of the colonies. And that the trial by jury is the inherent and invaluable right of every British subject in these colonies."[1]

§ 191. We here observe, that the superintending authority of parliament is admitted in general terms; and that absolute independence of it is not even suggested, although in subsequent clauses certain grievances by the stamp act, and by certain acts levying duties and restraining trade in the colonies, are disapproved of in very strong language.[2] In the report of the committee of the same body on the subject of colonial rights, drawn up with great ability, it was stated, "it is acknowledged, that the parliament, collectively considered, as consisting of king, lords, and commons, are the supreme legislature of the whole empire; and as such, have an undoubted jurisdiction over the whole colonies, so far as is consistent with our essential rights, of which also they are and must be the final judges; and even the applications and petitions to the king and parliament to implore relief in our present difficulties, will be an ample recognition of our subjection to, and dependence upon
  1. Marsh. Hist. Colonies, ch. 13, p. 360, 470, 471; 1 Pitk. Hist. 178, 179, 180, 446.
  2. Marsh. Hist. Colon, p. 471, note 4.