Could Parliament legislate for the colonies?

OCR: 10 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

Reporter's notes: some cited speeches survive only as a reporter's shorthand record, not the speaker's own text.

1. WHAT HE SAID (the record)

Record ledger

• ACTION (1775-01): James Wilson delivered a speech in the Pennsylvania Convention in January 1775 in vindication of the colonies. The passage shows that he took a position on the issue of whether Parliament could legislate for the colonies. "Sfkbch in Vindication of the Colonies,— Delivered in Pennsylvania Convention, Jan., 1775" [1]
• BELIEF (undated): James Wilson believed that parliamentary authority is derived solely from representation and that those who are not represented are not bound by acts of parliament. He argues that if a person is bound only because he is represented, then wherever he is not represented, he is not bound. [2]
• BELIEF (undated): James Wilson believed that the superiority of Great Britain over the American colonies could not be accounted for and should be rejected, which implies that he believed Parliament could not legitimately legislate for the colonies. His grounds were that the supposed basis for British superiority (the right of conquest) was inapplicable to the colonies. [3]
• BELIEF (undated; reporter's paraphrase): James Wilson believed that Parliament could not legally alter the charter or constitution of a colony, as such actions were contrary to express law and the principles of prerogative. He argued that only the authority of the colony's own legislature could make such changes. "the authority of parliament does not extend to it" [4]
• BELIEF (undated): James Wilson believed that the British Parliament did not have legislative authority over America. He argued that such authority would destroy the intended connection between Great Britain and her colonies. "I am sufficiently aware of an objection, that will be made to what I have said concerning the legislative authority of the British parliament... a denial of the legislative authority of the British parliament over America is by no means inconsistent with that connection..." [5]
• BELIEF (undated): James Wilson believed that the American colonies were not bound by acts of parliament made in England. He argued that if the inhabitants of Ireland, who show subordination to Great Britain, are not bound by such acts, then the American colonies, who do not show such subordination, are even less so. [6]
• BELIEF (undated): James Wilson believed that the Americans could not be bound by acts of the British parliament unless the representatives of the commons of Great Britain gave their suffrages in favor of those acts. He argued that the Americans are not bound by the assent of the king or the votes of the lords, and therefore the only reason they would be bound is if the representatives of the commons supported the acts. (key quote above) [7]
• BELIEF (undated): James Wilson believed that parliamentary authority is derived solely from representation, and that those who are not represented are not bound by parliamentary acts. He argued that the reason the Irish were not bound by English statutes was because they were not represented in Parliament, and this same principle applied to the American colonies. [8]
• BELIEF (undated): James Wilson believed that the question of whether the British Parliament could legislate for the colonies was of great importance, and that the resolution of this question would determine the relationship between Britain and the colonies. He argued that the British nation loved freedom and would prefer a relationship based on mutual affection and protection. [9]
• BELIEF (undated): James Wilson believed that it was repugnant to the essential maxims of jurisprudence, the ultimate end of all governments, the genius of the British constitution, and to the liberty and happiness of the colonies for them to be bound by the legislative authority of the parliament of Great Britain. He argued this belief was supported by the voice of British laws and historical legal precedents. [10]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [1], [2], [8], [9].

2. HOW IT APPLIES (reasoning; inference is marked)

1. James Wilson argued that parliamentary authority is derived solely from representation. [2]

2. He believed that the American colonies were not represented in the British Parliament. [7]

3. Therefore, he concluded that the colonies were not bound by acts of the British Parliament. [3]

4. Wilson further stated that the British Parliament's legislative authority over the colonies would destroy the intended connection between Great Britain and her colonies. [5]

5. He maintained that the right of conquest, often cited as the basis for British superiority, was inapplicable to the American colonists. [3]

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: James Wilson believed that the British Parliament could not legislate for the American colonies because the colonies were not represented in Parliament. He argued that parliamentary authority is derived solely from representation and that the colonies were not represented in the British Parliament.

Competing readings: None of the record directly contradicts this position.

Confidence: High, based on multiple direct statements from Wilson's writings and speeches.