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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 241   View pdf image (33K)
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Proceedings of the Council of Maryland, 1761-1769. 241

in all free States the Constitution is fixed, And as the Supreme
Legislature derives its Power and Authority from the Con-
stitution, it cannot overleap the bounds of it without destroy-
ing its own Foundation; That the Constitution ascertains and
Limits both Sovereignty and Allegiance, and therefore His
Majesty's American Subjects, who acknowledge themselves
bound by the Ties of Allegiance, have an equitable Claim to
full Enjoyment of the fundamental Rules of the British Con-
stitution, That it is an essential unalterable Right in Nature,
ingrafted into the British Constitution, as a fundamental Law,
and ever held Sacred and irrevocable by the Subjects within
the Realm, that what a Man has honestly acquired is abso-
lutely his own, which he may freely give but cannot be taken
from him without his Consent; That the American Subjects
may, therefore, exclusive of any Consideration of Charter-
Rights, with a decent Firmness adapted to the Character of
Freemen, and Subjects, assert this natural Constitutional
Right. It is moreover their humble Opinion, which they ex-
press with the greatest Deference to the Wisdom of Parlia-
ment, that the Acts made there, imposing Duties on the People
of this Province, with the sole and express purpose of raising
a Revenue, are Infringements of their natural Constitutional
Rights, because, as they are not represented in the British
Parliament, His Majesty's Commons in Britain by those Acts
grant their Property without their Consent. This House
further are of Opinion, that their Constituents, considering
their local Circumstances, cannot by any Possibility be repre-
sented in the Parliament, and that it will forever be imprac-
ticable that they should equally be represented there, and con-
sequently not at all, being separated by an Ocean of 1000
Leagues, and that His Majesty's Royal Predecessors for this
Reason were graciously pleased to form a Subordinate Legis-
lature here, that their Subjects might enjoy the unalienable
Right of a Representation, and that, considering the utter Im-
practicability of their being fully and equally represented in
Parliament, and the great expence that must unavoidably
attend even a partial Representation there, This House thinks,
that a Taxation of their Constituents even without their Con-
sent, grievous as it is, would be preferable to any Representa-
tion that could be admitted for them there.
Upon these Principles, and also considering that were the
Right in the Parliament ever so clear, yet for obvious Reasons
it would be beyond the Rules of Equity, that their Constituents
should be taxed on the Manufactures of Great Britain here,
in Addition to the Duties they pay for them in England, and
other Advantages arising to Great Britain from the Acts of
Trade: This House have preferred an humble Dutiful and


Lib. C. B.
No. 20

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Proceedings of the Council of Maryland, 1761-1769
Volume 32, Page 241   View pdf image (33K)
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