e of the judges of the same."
These courts I do not wish to take away: they are in themselves proper
establishments. This court is one of the capital securities of the Act
of Navigation. The extent of its jurisdiction, indeed, has been
increased; but this is altogether as proper, and is, indeed, on many
accounts, more eligible, where new powers were wanted, than a court
absolutely new. But courts incommodiously situated, in effect, deny
justice; and a court partaking in the fruits of its own condemnation is
a robber. The Congress complain, and complain justly, of this
grievance.[28]
These are the three consequential propositions. I have thought of two or
three more; but they come rather too near detail, and to the province of
executive government, which I wish Parliament always to superintend,
never to assume. If the first six are granted, congruity will carry the
latter three. If not, the things that remain unrepealed will be, I hope,
rather unseemly incumbrances on the building than very materially
detrimental to its strength and stability.
Here, Sir, I should close, but that I plainly perceive some objections
remain, which I ought, if possible, to remove. The first will be, that,
in resorting to the doctrine of our ancestors, as contained in the
preamble to the Chester act, I prove too much: that the grievance from a
want of representation, stated in that preamble, goes to the whole of
legislation as well as to taxation; and that the colonies, grounding
themselves upon that doctrine, will apply it to all parts of legislative
authority.
To this objection, with all possible deference and humility, and wishing
as little as any man living to impair the smallest particle of our
supreme authority, I answer, that _the words are the words of
Parliament, and not mine_; and that all false and inconclusive
inferences drawn from them are not mine; for I heartily disclaim any
such inference. I have chosen the words of an act of Parliament, which
Mr. Grenville, surely a tolerably zealous and very judicious advocate
for the sovereignty of Parliament, formerly moved to have read at your
table in confirmation of his tenets. It is true that Lord Chatham
considered these preambles as declaring strongly in favor of his
opinions. He was a no less powerful advocate for the privileges of the
Americans. Ought I not from hence to presume that these preambles are as
favorable as possible to both, when properly understood: favorable bo
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