The charter was granted, with the express purpose to
induce them to reside without the realm; consequently, they are not
represented in Parliament there. But, we would ask your Excellency,
are any of the corporations, formed within the kingdom, vested with
the power of erecting other subordinate corporations? of enacting and
determining what crimes shall be capital? and constituting courts of
common law, with all their officers, for the hearing, trying and
punishing capital offenders with death? These and many other powers
vested in this government, plainly show, that it is to be considered
as a corporation, in no other light, than as every state is a
corporation. Besides, appeals from the courts of law here, are not
brought before the House of Lords; which shows, that the peers of the
realm, are not the peers of America: but all such appeals are brought
before the King in council, which is a further evidence, that we are
not within the realm.
We conceive enough has been said, to convince your Excellency, that,
"when our predecessors first took possession of this plantation, or
colony, by a grant and charter from the Crown of England, it was not,
and never had been the sense of the kingdom, that they were to remain
subject to the supreme authority of Parliament.
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