The American Crisis, page 129 by Thomas Paine
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n might have rejoined, that however America might be considered at first, she became foreign at last by a declaration of independence, and a treaty with France; and that her case being, by that treaty, put within the law of nations, was out of the law of Parliament, who might have maintained, that as their claim over America had never been surrendered, so neither could it be taken away. The crown might have insisted, that though the claim of Parliament could not be taken away, yet, being an inferior, it might be superseded; and that, whether the claim was withdrawn from the object, or the object taken from the claim, the same separation ensued; and that America being subdued after a treaty with France, was to all intents and purposes a regal conquest, and of course the sole property of the king. The Parliament, as the legal delegates of the people, might have contended against the term "inferior," and rested the case upon the antiquity of power, and this would have brought on a set of very interesting and rational questions.
1st, What is the original fountain of power and honor in any country? 2d, Whether the prerogative does not belong to the people? 3d, Whether there is any such thing as the English constitution? 4th, Of what use is the crown to the people? 5th, Whether he who invented a crown was not an enemy to mankind? 6th, Whether it is not a shame for a man to spend a million a year and do no good for it, and whether the money might not be better applied? 7th, Whether such a man is not better dead than alive? 8th, Whether a Congress, constituted like that of America, is not the most happy and consistent form of government in the world?- With a number of others of the same import.
In short, the contention about the dividend might have distracted the nation; for nothing is more common than to agree in the conquest and quarrel for the prize; therefore it is, perhaps, a happy circumstance, that our successes have prevented the dispute.
If the Parliament had been thrown out in their claim,