As these Freeholders then were deprived of their Rights to substitute Delegates to Parliament, they could not be represented, but were placed in the same Condition with the Non-Proprietors of Land, who were excluded by the original Constitution from having any Share in the Legislature, but who, notwithstanding such Exclusion, are bound to pay Obedience to the Laws of Parliament, even if they should consist of nine Tenths of the People of Britain; but then the Obligation of these Laws does not arise from their being virtually represented in Parliament, but from a quite different Reason.
Men in a State of Nature are absolutely free and independent of one another as to sovereign Jurisdiction,6 but when they enter into a Society, and by their own [10] Consent become Members of it, they must submit to the Laws of the Society according to which they agree to be governed; for it is evident, by the very Act of Association, that each Member subjects himself to the Authority of that Body in whom, by common Consent, the legislative Power of the State is placed: But though they must submit to the Laws, so long as they remain Members of the Society, yet they retain so much of their natural Freedom as to have a Right to retire from the Society, to renounce the Benefits of it, to enter into another Society, and to settle in another Country; for their Engagements to the Society, and their Submission to the publick Authority of the State, do not oblige them to continue in it longer than they find it will conduce to their Happiness, which they have a natural Right to promote. This natural Right remains with every Man, and he cannot justly be deprived of it by any civil Authority. Every Person therefore who is denied his Share in the Legislature of the State to which he had an original Right, and every Person who from his particular Circumstances is excluded from this great Privilege, and refuses to exercise his natural Right of quitting the Country, but remains in it, and continues to exercise the Rights of a Citizen in all other Respects, must be subject to the Laws which by these Acts he implicitly, or to use your own Phrase, virtually consents to: For Men may subject themselves to Laws, by consenting to them implicitly; that is, by conforming to them, by adhering to the Society, and accepting the Benefits of its Constitution, as well, as explicitly and directly, in their own Persons, or by their Representatives substituted in their Room.7 Thus, if a Man whose Property does not [11] entitle him to be an Elector of Members of Parliament, and therefore cannot be represented, or have any Share in the Legislature,
inherits or takes any Thing by the Laws of the Country to which he has no indubitable Right in Nature, or which, if he has a Right to it, he cannot tell how to get or keep without the Aid of the Laws and the Advantage of Society, then, when he takes this Inheritance, or whatever it is, with it he takes and owns the Laws that gave it him. And since the Security he has from the Laws of the Country, in Respect of his Person and Rights, is the Equivalent for his Submission to them, he cannot accept that Security without being obliged, in Equity, to pay this Submission: Nay his very continuing in the Country shows that he either likes the Constitution, or likes it better, notwithstanding the Alteration made in it to his Disadvantage, than any other; or at least thinks it better, in his Circumstances, to conform to it, than to seek any other; that is, he is content to be comprehended in it.
From hence it is evident that the Obligation of the Laws of Parliament upon the People of Britain who have no Right to be Electors does not arise from their being virtually represented, but from a quite different Principle; a Principle of the Law of Nature, true, certain, and universal, applicable to every Sort of Government, and not contrary to the common Understandings of Mankind.
If what you say is a real Fact, that nine Tenths of the People of Britain are deprived of the high Privilege of being Electors, it shows a great Defect in the present Constitution, which has departed so much from its original Purity; but never can prove that those People are even virtually represented in Parliament. [12] And here give me Leave to observe that it would be a Work worthy of the best patriotick Spirits in the Nation to effectuate an Alteration in this putrid Part of the Constitution; and, by restoring it to its pristine Perfection, prevent any “Order or Rank of the Subjects from imposing upon or binding the rest without their Consent.” But, I fear, the Gangrene has taken too deep Hold to be eradicated in these Days of Venality.
But if those People of Britain who are excluded from being Electors are not represented in Parliament, the Conclusion is much stronger against the People of the Colonies being represented; who are considered by the British Government itself, in every Instance of Parliamentary Legislation, as a distinct People. It has been determined by the Lords of the Privy Council that “Acts of Parliament made in England without naming the foreign Plantations will not bind them8.” Now, what can be the Reason of this Determination, but that the Lords of the Privy Council are of Opinion the Colonies are a distinct People from the Inhabitants of Britain, and are not represented in Parliament. If, as you contend, the Colonies are exactly in the same Situation with the Subjects in Britain, the Laws will in every Instance be equally binding upon them, as upon those Subjects, unless you can discover two Species of virtual Representation; the one to respect the Subjects in Britain, and always existing in Time of Parliament; the other to respect the Colonies, a mere Non-Entity, if I may be allowed the Term, and never existing but when the Parliament thinks proper to produce it into Being by any particular Act in which the Colonies [13] happen to be named. But I must examine the Case of the Colonies more distinctly.
It is in vain to search into the civil Constitution of England for Directions in fixing the proper Connexion between the Colonies and the Mother Kingdom; I mean what their reciprocal Duties to each other are, and what Obedience is due from Children to the general Parent. The planting Colonies from Britain is but of recent Date, and nothing relative to such Plantation can be collected from the ancient Laws of the Kingdom; neither can we receive any better Information by extending our Inquiry into the History of the Colonies established by the several Nations in the more early Ages of the World. All the Colonies (except those of Georgia and Nova Scotia) formed from the English Nation, in North America, were planted in a Manner, and under a Dependence, of which there is not an Instance in all the Colonies of the Ancients; and therefore, I conceive, it must afford a good Degree of Surprise to find an English Civilian9 giving it as his Sentiment that the English Colonies ought to be governed by the Roman Laws, and for no better Reason than because the Spanish Colonies, as he says, are governed by those Laws. The Romans established their Colonies in the Midst of vanquished Nations, upon Principles which best secured their Conquests; the Privileges granted to them were not always the same; their Policy in the Government of their Colonies and the conquered Nations being always directed by arbitrary Principles to the End they aimed at, the subjecting the whole Earth to their Empire. But the Colonies in North America, except those planted within the present Century, were founded by Englishmen; who, becoming [14] private Adventurers, established themselves, without any Expense to the Nation, in this uncultivated and almost uninhabited Country; so that their Case is plainly distinguishable from that of the Roman, or any other Colonies of the ancient World.
As then we can receive no Light from the Laws of the Kingdom, or from ancient History, to direct us in our Inquiry, we must have Recourse to the Law of Nature, and those Rights of Mankind which flow from it.
I have observed before that when Subjects are deprived of their civil Rights, or are dissatisfied with the Place they hold in the Community, they have a natural Right to quit the Society of which they are Members, and to retire into another Country. Now when Men exercise this Right, and withdraw themselves from their Country, they recover their natural Freedom and Independence: The Jurisdiction and Sovereignty of the State they have quitted ceases; and if they unite, and by common Consent take Possession of a new Country, and form themselves into a political Society, they become a sovereign State, independent of the State from which they separated. If then the Subjects of England have a natural Right to relinquish their Country, and by retiring from it, and associating together, to form a new political Society and independent State, they must have a Right, by Compact with the Sovereign of the Nation, to remove into a new Country, and to form a civil Establishment upon the Terms of the Compact. In such a Case, the Terms of the Compact must be obligatory and binding upon the Parties;