John Adams argues that the British Empire is not a “true” empire but a form of a “republic” where the rule of law operates (1763)
About this Quotation:
This view of Adams seems to contradict what Adam Smith said about the common disjuncture between relative liberty in the metropole co-exisiting with “tyranny” in the colonies. It is an intriguing concept to see the monarch described as the first and “hereditary magistrate” in a nation governed by the rule of law. I don’t think jefferson would have agreed with him on this point.
Other quotes from this week:
- 2010: Herbert Spencer worries that the violence and brutalities of football will make it that much harder to create a society in which individual rights will be mutually respected (1879)
- 2008: William Findlay wants to maintain the separation of church and state and therefore sees no role for the “ecclesiastical branch” in government (1812)
- 2006: Montesquieu thought that commerce improves manners and cures “the most destructive prejudices” (1748)
- 2006: Benjamin Constant argued that mediocre men, when they acquired power, became “more envious, more obstinate, more immoderate, and more convulsive” than men with talent (1815)
- 2005: Thomas Jefferson boasts about having reduced the size of government and eliminated a number of “vexatious” taxes (1805)
Other quotes about Law:
- 2009: Lysander Spooner on Jury Nullification as the "palladium of liberty" against the tyranny of government (1852)
- 2009: Cesare Beccaria says that torture is cruel and barbaric and a violation of the principle that no one should be punished until proven guilty in a court of law; in other words it is the “right of power” (1764)
- 2009: Sir William Blackstone provides a strong defence of personal liberty and concludes that to “secretly hurry” a man to prison is a “dangerous engine of arbitrary government” (1753)
- 2008: John Adams predicts a glorious future for America under the new constitution and is in “reverence and awe” at its future prospects (1787)
- 2007: The IVth Amendment to the American Constitution states that the people shall be secure in their persons against unreasonable searches and seizures and that no warrants shall issue, but upon probable cause (1788)
- 2006: Bruno Leoni notes the strong connection between economic freedom and decentralized legal decision-making (1961)
- 2006: The legal historian Hazeltine wrote in an essay commemorating the 700th anniversary of Magna Carta that the American colonists regarded Magna Carta as the “bulwark of their rights as Englishmen” (1917)
- 2006: John Locke on the idea that “wherever law ends, tyranny begins” (1689)
- 2006: J.S. Mill in a speech before parliament denounced the suspension of Habeas Corpus and the use of flogging in Ireland, saying that those who ordered this “deserved flogging as much as any of those who were flogged by his orders” (1866)
- 2005: Adam Smith argues that the Habeas Corpus Act is a great security against the tyranny of the king (1763)
- 2005: Cicero urges the Senate to apply the laws equally in order to protect the reputation of Rome and to provide justice for the victims of a corrupt magistrate (1stC BC)
- 2004: Bruno Leoni on the different Ways in which Needs can be satisfied, either voluntarily through the Market or coercively through the State (1963)
- 2004: Sir Edward Coke defends British Liberties and the Idea of Habeas Corpus in the Petition of Right before Parliament (1628)
29 January, 2007
 | John Adams argues that the British Empire is not a “true” empire but a form of a “republic” where the rule of law operates (1763) |
John Adams, in Novanglus No. VII (1763), argues that because the British monarch was limited by the rule of law Britain was more like a republic than an empire. A true empire, he asserted, is a despotism bound by no law or limitation
[T]he British constitution is much more like a republic than an empire. They define a republic to be a government of laws, and not of men. If this definition be just, the British constitution is nothing more nor less than a republic, in which the king is first magistrate. This office being hereditary, and being possessed of such ample and splendid prerogatives, is no objection to the government’s being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend. An empire is a despotism, and an emperor a despot, bound by no law or limitation but his own will; it is a stretch of tyranny beyond absolute monarchy.
The full passage from which this quotation was taken can be be viewed below (front page quote in bold):
Here, again, we are to be conjured out of our senses by the magic in the words “British empire,” and “supreme power of the state.” But, however it may sound, I say we are not a part of the British empire; because the British government is not an empire. The governments of France, Spain, &c. are not empires, but monarchies, supposed to be governed by fixed fundamental laws, though not really. The British government is still less entitled to the style of an empire. It is a limited monarchy. If Aristotle, Livy, and Harrington knew what a republic was, the British constitution is much morelike a republic than an empire. They define a republic to be a government of laws, and not of men. If this definition be just, the British constitution is nothing more nor less than a republic, in which the king is first magistrate. This office being hereditary, and being possessed of such ample and splendid prerogatives, is no objection to the government’s being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend. An empire is a despotism, and an emperor a despot, bound by no law or limitation but his own will; it is a stretch of tyranny beyond absolute monarchy. For, although the will of an absolute monarch is law, yet his edicts must be registered by parliaments. Even this formality is not necessary in an empire. There the maxim is quod principi placuit legis habet rigorem, even without having that will and pleasure recorded. There are but three empires now in Europe, the German or Holy Roman, the Russian, and the Ottoman.