as founded in the rights of an Englishman ; and secondly, as what they suppose to be a necessary measure in a subordinate government, the keeping in their own hands the command of the revenue, and the pay of the officers of government, as a security of their conduct towards them.
Under the first head come all the disputes about the King s instructions, and the governor's power, as founded on them.
The King's commission to his governor, which grants the power of government, and directs the calling of a legislature, and the establishing courts, at the same time that it fixes the governor's power, according to the several powers and directions granted and appointed by the commission and instructions, adds, "and by such further powers, instructions, and authorities, as shall, at any time hereafter, be granted or appointed you, under our signet or sign manual, or by our order in our privy council." It should here seem, that the same power which framed the commission, with this clause in it, could also issue its future orders and instructions in consequence thereof : but the people of the colonies say, that the inhabitants of the colonies are entitled to all the privileges of Englishmen ; that they have a right to participate in the legislative power ; and that no commands of the crown, by orders in council, instructions, or letters from Secretaries of State, are binding upon them, further than they please to acquiesce under such, and conform their own actions thereto ; that they hold this right of legislature, not derived from the grace and will of the crown, and depending on the commission which continues at the will of the crown ; that this right is inherent and essential to the community, as a community of Englishmen : and that therefore they must have all the rights, privileges, and full and free exercise of their own will and liberty in making laws, which are necessary to that act of legislation, — uncontrouled by any power of the crown, or of the governor, preventing or suspending that act ; and, that the clause in the commission, directing the governor to call together a legislature by his writs, is declarative and not creative ; and therefore he is directed to act conformably to a right actually already existing in the people, &c.
When I speak of full uncontrouled independent powers of debate and result, so far as relates to the framing bills and passing them into laws, uncontrouled by any power of the crown or of the governor, as an essential property of a free legislature ; I find some persons in the colonies imagine, that I represent the colonies as claiming a power of
