if an act of assembly is passed, which is repugnant to the known usage and custom 
of parliament, inconsistent with the constitution of the mother-country, and contrary 
to the great charter of English liberty, it is ipso facto void in itself, without 
'a repeal' and will not 'bind all' or any 'of the inhabitants of the province, as far 
as it goes,' or in any manner whatever. 348 
FURTHER NULLIFICATION UPON LEGISLATIVE REVIEW 
These two acts from Pennsylvania and Jamaica, plus a 1770 proclamation 
nullification which we shall discuss later, constitute the only unimpeachable 
instances of declaration of nullity upon legislative review of plantation acts 
348 South Carolina Gazette, #1561 (Dec. 10, of dispensing with provincial laws passed 
1764), p. 2. See also the two earlier enigmatic "contrary to the Kings Instructions and Reincidents 
mentioned in McGovney, The pugnant to the Laws of England." 
British Origin of Judicial Review of Legisla- 349 4 APC, Col, #468; 5 Journals Assembly 
tion, 93 U. of Pa. L.R., 1, 8, 10-11, 48. In Jamaica, 347-49. 
January, 1692/3, the South Carolina General 350 PC 2/109/62; 5 Journals Assembly 
Assembly voted as a grievance "Inferior Jamaica, 350; 4 APC, Col., #468 (The cal- 
Courts takeing upon them to try adjudge and endared version is misleading; see McGovney, 
Determine the power of assembly for ye The British Privy Council's Power to Restrain 
Validity of Acts made by them ..." In Janu- the Legislatures of Colonial America, 94 U. of 
ary, 1726/7, the judges of the General Court Pa. L.R., 59, 84). 
of Charleston suggested that they had a power