American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
In 1628,[26] a charter of this kind was granted by Charles I. to the
emigrants who went to form the colony of Massachusetts. But, in general,
charters were not given to the colonies of New England till they had
acquired a certain existence. Plymouth, Providence, New Haven, the state
of Connecticut, and that of Rhode Island,[27] were founded without the
co-operation, and almost without the knowledge of the mother-country.
The new settlers did not derive their incorporation from the head of
the empire, although they did not deny its supremacy; they constituted
a society of their own accord, and it was not till thirty or forty
years afterward, under Charles II., that their existence was legally
recognised by a royal charter.
This frequently renders it difficult to detect the link which connected
the emigrants with the land of their forefathers, in studying the
earliest historical and legislative records of New England. They
perpetually exercised the rights of sovereignty; they named their
magistrates, concluded peace or declared war, made police regulations,
and enacted laws, as if their allegiance was due only to God.[28]
Nothing can be more curious, and at the same time more instructive than
the legislation of that period; it is there that the solution of the
great social problem which the United States now present to the world is
to be found.
Among these documents we shall notice as especially characteristic, the
code of laws promulgated by the little state of Connecticut in 1650.[29]
The legislators of Connecticut[30] begin with the penal laws, and,
strange to say, they borrow their provisions from the text of holy writ.
"Whoever shall worship any other God than the Lord," says the preamble
of the code, "shall surely be put to death." This is followed by ten or
twelve enactments of the same kind, copied verbatim from the books of
Exodus, Leviticus, and Deuteronomy. Blasphemy, sorcery, adultery,[31]
and rape were punished with death; an outrage offered by a son to his
parents, was to be expiated by the same penalty. The legislation of a
rude and half-civilized people was thus transferred to an enlightened
and moral community. The consequence was, that the punishment of death
was never more frequently prescribed by the statute, and never more
rarely enforced toward the guilty.
Public-domain text, read in full here on John Shaqi.
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