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George Bancroft, History of the United States from the Discovery of the American Continent, Vol. 4, 15th edition. 2 2 Browse Search
George Bancroft, History of the United States from the Discovery of the American Continent, Vol. 5, 13th edition. 1 1 Browse Search
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ir Philip Yorke, and Sir Clement Wearg, Opinions of eminent Lawyers. i. 223. Mansfield's opinion in the case of Campbell v. Hall. made the memorable reply, that a colony of English subjects cannot be taxed but by some representative body of their own, or by the parliament of England. That opinion impressed itself early and deeply on the mind of Lord Mansfield, and in October, 1744, when the neglect of Pennsylvania to render aid in the war had engaged the attention of the ministry, Sir Dudley Rider and Lord Mansfield, then William Murray, declared, that a colonial assembly cannot be compelled to do more towards their own defence than they shall see fit, unless by the force of an act of parliament, which alone can prescribe rules of conduct for them. Chalmers' Introduction, Ms. II. 86. Away, then, with all attempts to compel by prerogative, to govern by instructions, to obtain a revenue chap. II.} 1748. by royal requisitions, to fix quotas by a council of crown officers. No p
The world had never witnessed colonies with in- chap. III.} 1749. July. stitutions so free as those of America; but this result did not spring from the intention of England. On the twelfth of July, 1749, all the ministers of state assembled at the Board of Trade, and deliberated, from seven in the evening till one the next morning, Letter from the Solicitor, F. J. Paris, in James Alexander to C. Golden, 25 Sept., 1749. on the political aspect of the plantations. The opinions of Sir Dudley Rider and William Murray were before them. They agreed, that all accounts concurred in representing New Jersey as in a state of disobedience to law and government, attended with circumstances which manifested a disposition to revolt from dependence on the crown. . . . . . While the governor was so absolutely dependent on the Assembly, order could not possibly be restored. And they avowed it as their fundamental rule of American government, that the colonial officers of the king should have
nsfield, Lord Campbell's Lives of the Chief Justices, II. 459-460. the illustrious jurist, who had boasted pub- chap. V.} 1763. Feb. licly of his early determination never to engage in public life, but upon whig principles; Murray's speech in his own defence before the Lords of the Privy Council in 1753. and, in conformity to them, had asserted that an act of parliament in Great Britain could alone prescribe rules for the reduction of refractory colonial assemblies. Opinion of Sir Dudley Rider and Hon. William Murray, Attorney and Solicitor General, in October, 1744.— There was George Grenville, then first Lord of the Admiralty, bred to the law; and ever anxious to demonstrate that all the measures which he advocated reposed on the British Constitution, and the precedents of 1688; eager to make every part of the British empire tributary to the prosperity of Great Britain, and making the plenary authority of the British Legislature the first article of his political creed.—The