legislature independent of the King's or governor's negative. — These gentlemen knowing that it is not my intention to do injustice to the colonies, wish me so to explain this matter, that it may not bear even the interpretation of such a charge — I do therefore here desire, that the reader will give his attention to distinguish a full, free, uncontrouled, independent power, in the act of legislation,— from a full, free, uncontrouled, independent power, of carrying the results of that legislation into effect, independent either of the Governor's or King's negative. The first right is that which I represent the Colonists claiming, as a right essential to the very existence of the legislature : The second is what is also essential to the nature of a subordinate legislature, and what the Colonists never call in question. That therefore the point here meant to be stated as in debate, is, Whether a subordinate legislature can be instructed, restricted, and controuled, in the very act of legislation? whether the King's instructions or letters from secretaries of state, and such like significations of his Majesty's will and pleasure, is a due and constitutional application of the governors, or of the royal negative? — The Colonists constantly deny it, and — ministry, otherwise such instructions would not be given, constantly maintain it. After experience of the confusion and obstruction which this dubitable point hath occasioned to business, it is time surely that it were some way or other determined. I do not here enter into the discussion of this point ; I only endeavour fairly to state it, as I think it is a matter which ought to be settled some way or other, and ought no longer to remain in contention, that the several matters which stand in instruction, and in dispute in consequence of it, may be finally placed upon their right grounds ; in the doing of which it must come under consideration, how far the crown has or has not a right to direct or restrict the legislature of the colonies, — or if the crown has not this power, what department of government has, and how it ought to be exercised ; or whether in fact or deed, the people of the colonies, having every right to the full powers of government, and to a whole legislative power, are under this claim entitled in the powers of legislature and the administration of government, to use and exercise in conformity to the laws of Great Britain, the same, full, free, independent, unrestrained power and legislative will in their several corporations, and under the King's commission and their respective charters, as the government and legislature of Great Britain holds by its constitution, and under the great charter.
Thomas Pownall, The Administration of the Colonies (London, 1765), 39-43.
