A clause in this statute enacts, that from and after its passing, the king and parliament will not impose any duty or tax on the colonies, except such as may be required for the regulation of commerce, and that the net produce of such duty or tax shall be applied to the use of each colony respectively in which it is levied, in such manner as the other duties collected by the authority of the assemblies of such colonies are applied.

That the practice of parliament has been in accordance with the principle of these declaratory enactments might be shown by a reference to numerous statutes subsequently enacted, which directly legislate for the colonies.

The authority of Mr. Burke may be added, as that of the person most jealous on the subject of colonial rights, for he, in fact was the parliamentary leader throughout the contest against the rights of the mother country, and sacrificed his seat at Bristol to his opinions in favor of the colonies. But in his celebrated speech on American taxation in 1774, he expressly maintains the supremacy of parliament, and the full extent of the rights claimed by the Declaratory Act, to which he holds the abandonment of the taxing power no exception. This forms the conclusion of the speech. (See Works, vol. ii, pp. 335 and 440, 8vo edition.) The same doctrines he continued to hold in 1775, when he renewed his resolutions of conciliation, and in 1780, when he retired from the representation of Bristol. In his famous speech upon the former occasion, he declares himself to wish as little as any man being to impair the smallest particle of the supreme authority of parliament, (Works, vol. iii, p. 109,) and in 1792, when he had become, if possible, more attached to the colonial party, both here and in France, he prepared a slave code, to be enacted in England for our West India colonies.

Y

This statement proves, first, that the mother country never abandoned the legislative authority, except as regards the right of taxing; and secondly, that the colonists never even claimed any further exemption from the jurisdiction of parliament.

APPENDIX.

CONSTITUTION OF THE UNITED STATES.

WE, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the genaral welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

SECTION 1.

1. All legislative powers herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

SECTION 2.

1. The House of Representatives shall be composed of members chosen every second year by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.

2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected be an inhabitant of that State in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned among the several States which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three; Massachusetts eight; Rhode Island and Providence Plantations one; Connecticut five; New York six; New Jersey four; Pennsylvania eight; Delaware one; Maryland six; Virginia ten; North Carolina five; South Carolina five; and Georgia three.

4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill up such vacancies.

5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.

SECTION 3.

1. The Senate of the United States shall be composed of two senators from each State, chosen by the legislature thereof, for six years; and each senator shall have one

vote.

2. Immediately after they shall be assembled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration

of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

3. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected be an inhabitant of that State for which he shall be chosen.

4. The vice president of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided.

5. The Senate shall choose their other officers, and also a president pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the United States.

6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

7. Judgment in case of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.

SECTION 4.

1. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in