[100] By the law of England, the property of a suicide, like that of a
man convicted of a felony, escheated to the crown. The other half of
this same paragraph abolished another ancient legal cruelty.
[101] This provision (adopted also from the "Laws Agreed upon in
England") is the first attempt in a constitution to establish _a
regular method of amendment_. The attempt to exclude a portion of the
document from amendment, so common for long afterward, begins here also
(next paragraph).
[102] Five years later came an Indian uprising in which at least 300
colonists lost their lives.
[103] As governor of Virginia, Berkeley is disposed to side with the
colony against the English policy. Cf. 19, note, below.
[104] Even as negroes were packed, the slaver of that time rarely
carried a hundred slaves.
[105] Italicized by the editor. Cf. 11, above, and the note.
[106] This is a gross overstatement on Berkeley's part. Cf. _American
History and Government_, # 96. It is notable, however, that even a
courtier, like Berkeley, as a colonial governor, takes the point of
view of his province against English policy. Cf. _ib._, # 118.
[107] Then why no Virginia ships _before_ 1660?
[108] Cf. No. 35, above.
[109] Queen Anne.
[110] A reference to the expulsion of James II.
[111] Paid a fine for refusing to serve.
[112] James Hamilton, an aged Pennsylvania lawyer.
[113] The "New Style" chronology was adopted by England in 1752.
[114] Georgia was not included. Franklin seems originally to have
contemplated a union of the northern colonies only.
[115] In Franklin's comments upon the sections of this plan (_Works_,
Smyth edition, III, 208 ff.), he adds to this section: " ... it being
proposed by the gentlemen of the Council of New York ... to alter the
plan in this particular, and _to give the governors and council_ of the
several provinces a share in the choice of the grand council [or at
least a veto upon the selections], it was said,....
"That it is essential to English liberty, that the subject should
not be taxed but by his own consent, or the consent of his elected
representatives.
"That taxes to be laid and levied by this proposed constitution will
be proposed and agreed to by the representatives of the people, if the
plan in this particular be preserved.
"But if the proposed alteration should take place, it seemed as if
matters may be so managed as that the crown shall finally have the
appointment, not only of the president-general, but of a majority of
the grand Council....
"And so the people in all the colonies would in effect be taxed by
their governors.
[Some three pages more of like argument.]
"Upon the whole the commissioners were of opinion that the choice was
most properly placed in the representatives of the people."
Public-domain text, read in full here on John Shaqi.
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