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Show xvi THEDESIGN. If the power veiled in the crown, over conquered or acquired countries, be circumfcribed within certain bounds, by certain acknowledng rules, all acts done in the exer- cife of that power, mull be meafnred by thofc rules, on their conformity to which their yaw lidity will depend. If the acts done in the exercife of that power do not bind or rel‘train parliament, it is in vain to cite thoi'e nets. On this fuppoiition charters are nfelcfis parclnnents,--becaufe {liqfliffli'l‘fl If there be any principle in our conf‘titution, by which the Americans can claim an exemption from parliamentary taxation, then too charters will be found but ufeleis parchments, becaufe znznergflgny. If there be no fuch principle, then allowing to charters their nttnofl force, the colonifis can plead no exemption from thence, till they have {heth it to be were either {pe- cified, or of neccflity implied. If different interpretations be put on the fame grants by the contending parties, "‘t: Inuit then appeal to ufage to decide between them. If the proceedings of the laft parliament be queftionecl, we mnll‘ exactly know the titu- ation in which the pre‘ccling parliament had left it. P R E F A C E. E AS 9N8 for undert akingr this work and a 0» logy for publiihing this. part of it. ' p D E S I G N. Diftribution of the inhibi t, and method oftreatin g it. P A R T I. Enquiry into the matter of RIGHT. SEg'I‘. I. [V/mt 1'5 l/Jepowrr wit /5 "us/2121) 1/1: cmz/Iiluzioiz firm/15 17/23 crown over [our/trier conquered , or 02‘])L ')"Ll.7l'/é acquired .2 Power of. malting capitu lations and treaties of pea ce and prefcriblng forms of gm‘ernment to the founde rs 01,:new fettlements, p. I. Exempl land, p. 4-of 1vVales, Bcrwic ilied in the cafe of Ire- k, &c. p. 15. Preeedents prove the power eonf'titu tional, p. 20. Definition of the terin " cozifhtution," p. 22. In what fenfe the conflitntion of England can be {aid to be fixed, p. 24. D'ECT. H. Can the operations of the 7.072013 50/! v ofi/Je leggflatu re be reflramrd 5} any at? of ti}: crawl; .9 Ofthe king's feveral capacities, viz. fupreme legiflative gx:::;lipgoelicgtiiilir::, eile lelutiyeinndprocuratorial, p._26: . a, . . .e , t. t .c mit ers granted to orig inal fettlers, are nits of the kin g in his procuratoriul capaci t and binding on the whole legiflature, p. 32. Obfeur ity' thrown on this queftion by the unconttitutional maxims oitr‘ the Stewart family, p. 38. Pra ctices to be juflified onl ' by thofe maxims, {till reta ined, p. 39. Danger of con)founding the feveral capaciti es of the king, p. 45. SECT. III. - 15 there (my ot/J sr principle in the co7z/iz'lurioiz to rg/irain t/JE opera/ions of 11m w/Ja/e 50d} 13/ the keg/Iain: on the particular paint 0/ Taxation .37 o - Caf e of a country fuppoled to furrender without a eupitulution, or of a countr y {uppofed to be fettletl wit hout a charter, p. 48. Powers and exemptions conveyed b' Capitulations, treaties, and charters, p. 49. Examinati ori of a maxim laid down by Locke, p. 54. Definitio n of property, p. 55. To pay a tax is not to give up par tofour property, p. 56. Taxes are not giftt, p. 8. Are not impofed by confent of all the tax p. 60. Reprefentation and tax ed, or their reprefentatives ation not infeparable, p. 67: Advantages enjoyed by Bri tons from the peculiar rela tion :1 the |
