There are principles which override precedents. The laws of England may be a very good thing, but there is such a thing as a higher law.
The court decided in favour of the validity of the writs; and John Adams, who heard the judgment, wrote long after that in that hour the child Independence was born. The English view triumphed for the time, and the governor wrote home that the murmurs soon ceased. The States, and ultimately the United States, rejected general warrants; and since 1817 they are in agreement with the law of England. On that point, therefore, the colonies were in the right.
Then came the larger question of taxation. Regulation of external traffic was admitted. England patrolled the sea and protected America from the smuggler and the pirate. Some remuneration might be reasonably claimed; but it ought to be obtained in such a way as not to hamper and prohibit the increase of wealth. The restrictions on industry and trade were, however, contrived for the benefit of England and to the injury of her colonies. They demanded that the arrangement should be made for their mutual advantage. They did not go so far as to affirm that it ought to be to their advantage only, irrespective of ours, which is our policy with our colonies at the present time. The claim was not originally excessive. It is the basis of the imputation that the dispute, on both sides, was an affair of sordid interest. We shall find it more just to say that the motive was empire on one side and self-government on the other. It was a question between liberty and authority, government by consent and government by force, the control of the subject by the State, and the control of the State by the subject. The issue had never been so definitely raised. In England it had long been settled. It had been settled that the legislature could, without breach of any ethical or constitutional law, without forfeiting its authority or exposing itself to just revolt, make laws injurious to the subject for the benefit of English religion or English trade. If that principle was abandoned in America it could not
