John Marshall

The Life of George Washington


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not impress men in any colony, without the consent of the legislature.

      POWER TO MAKE LAWS, LAY DUTIES, &C.

      That for these purposes they have power to make laws, and lay and levy such general duties, imposts, or taxes, as to them shall appear most equal and just, (considering the ability and other circumstances of the inhabitants in the several colonies) and such may be collected with the least inconvenience to the people; rather discouraging luxury, than loading industry with unnecessary burdens.

      GENERAL TREASURER AND PARTICULAR TREASURER.

      That they may appoint a general treasurer and particular treasurer in each government, when necessary; and from time to time may order the sums in the treasuries of each government into the general treasury, or draw on them for special payments, as they find most convenient.

      MONEY, HOW TO ISSUE.

      Yet no money to issue but by joint orders of the president general and grand council, except where sums have been appropriated to particular purposes, and the president general has been previously empowered by an act to draw for such sums.

      ACCOUNTS.

      That the general accounts shall be yearly settled, and reported to the several assemblies.

      QUORUM.

      That a quorum of the grand council, empowered to act with the president general, do consist of twenty-five members; among whom there shall be one or more from the majority of the colonies.

      LAWS TO BE TRANSMITTED.

      That the laws made by them for the purposes aforesaid, shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the king in council, for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force.

      DEATH OF THE PRESIDENT GENERAL.

      That in case of the death of the president general, the speaker of the grand council for the time being shall succeed, and be vested with the same powers and authorities, to continue until the king's pleasure be known.

      OFFICERS, HOW APPOINTED.

      That all military commission officers, whether for land or sea service, to act under this general constitution, shall be nominated by the president general; but the approbation of the grand council is to be obtained, before they receive their commissions. And all civil officers are to be nominated by the grand council, and to receive the president general's approbation before they officiate.

      VACANCIES, HOW SUPPLIED.

      But in case of vacancy, by death, or removal of any officer, civil or military, under this constitution, the governor of the province in which such vacancy happens, may appoint until the pleasure of the president general and grand council can be known.

      EACH COLONY MAY DEFEND ITSELF ON EMERGENCY, &C.

      That the particular military as well as civil establishments in each colony remain in their present state, the general constitution notwithstanding; and that on sudden emergencies any colony may defend itself, and lay the accounts of expense thence arising before the president general and grand council, who may allow and order payment of the same as far as they judge such accounts reasonable."

      Minot.

      NOTE—No. III.—See Page 370.

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      These being the first resolutions of any assembly after the passage of the stamp act, they are inserted.

      Whereas, The honourable house of commons in England have of late drawn into question how far the general assembly of this colony hath power to enact laws for laying taxes and imposing duties payable by the people of this his majesty's most ancient colony, for settling and ascertaining the same to all future times, the house of Burgesses of the present general assembly have come to the several following resolutions.

      Resolved, That the first adventurers and settlers of this his majesty's colony and dominion of Virginia, brought with them, and transmitted to their posterity, and all others his majesty's subjects since inhabiting in this his majesty's colony, all the privileges and immunities that have at any time been held, enjoyed, and possessed by the people of Great Britain.

      Resolved, That by two royal charters granted by King James I. the colonies aforesaid are declared entitled to all the privileges of denizens, and natural born subjects, to all intents and purposes as if they had been abiding and born within the realm of England.

      Resolved, That the taxation of the people by themselves, or by persons chosen by themselves, to represent them, who can only know what taxes the people are able to bear, and the easiest mode of raising them, and are equally affected by such taxes themselves, is the distinguished characteristic of British freedom, and without which the ancient constitution cannot subsist.

      Resolved, That his majesty's liege people of this most ancient colony have uninterruptedly enjoyed the right of being thus governed by their own assembly in the article of their taxes and internal police, and that the same hath never been forfeited nor any other way yielded up, but hath been constantly recognised by the King and people of Great Britain.

      Resolved, Therefore, that the general assembly of this colony have the sole power to lay taxes and impositions upon the inhabitants of this colony; and that every attempt to vest such a power in any person or persons whatsoever, other than the general assembly aforesaid, has a manifest tendency to destroy British as well as American freedom.

      NOTE—No. IV.—See Page 371.

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      "The members of this congress, sincerely devoted with the warmest sentiments of affection and duty, to his majesty's person and government, inviolably attached to the present happy establishment of the protestant succession, and with minds deeply impressed by a sense of the present and impending misfortunes of the British colonies on this continent; having considered, as maturely as time will permit, the circumstances of the said colonies, esteem it our indispensable duty to make the following declarations of our humble opinion, respecting the most essential rights and liberties of the colonists, and of the grievances under which they labour, by reason of several late acts of parliament.

      I. That his majesty's subjects in these colonies, owe the same allegiance to the crown of Great Britain that is owing from his subjects born within the realm, and all due subordination to that august body the parliament of Great Britain.

      II. That his majesty's liege subjects in these colonies, are entitled to all the inherent rights and liberties of his natural born subjects, within the kingdom of Great Britain.

      III. That it is inseparably essential to the freedom of a people, and the undoubted right of Englishmen, that no taxes be imposed on them, but with their own consent, given personally, or by their representatives.

      IV. That the people of these colonies are not, and, from their local circumstances, cannot be represented in the house of commons of Great Britain.

      V. 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.

      VI. That all supplies to 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 colonists.

      VII. That trial by jury is the inherent and invaluable right of every British subject in these colonies.

      VIII. That the late act of parliament entitled, 'an act for granting and applying certain stamp