American Institutions and Their InfluenceTocqueville, Alexis de
History
American Institutions and Their Influence
Tocqueville, Alexis de
Democracy; United States -- Politics and government
[22] The emigrants who founded the state of Rhode Island in 1638, those
who landed at New Haven in 1637, the first settlers in Connecticut in
1639, and the founders of Providence in 1640, began in like manner by
drawing up a social contract, which was submitted to the approval of all
the interested parties. See "Pitkin's History," pp 42, 47.
[23] This was the case in the state of New York.
[24] Maryland, the Carolinas, Pennsylvania, and New Jersey, were in this
situation. See Pitkin's History, vol. i., pp. 11-31.
[25] See the work entitled, "_Historical Collection of State Papers and
other Authentic Documents intended as Materials for a History of the
United States of America_" by Ebenezer Hazard, Philadelphia, 1792, for a
great number of documents relating to the commencement of the colonies,
which are valuable from their contents and their authenticity; among
them are the various charters granted by the king of England, and the
first acts of the local governments.
See also the analysis of all these charters given by Mr. Story, judge
of the supreme court of the United States, in the introduction to his
Commentary on the Constitution of the United States. It results from
these documents that the principles of representative government and
the external forms of political liberty were introduced into all the
colonies at their origin. These principles were more fully acted upon in
the North than in the South, but they existed everywhere.
[26] See Pitkin's History, p. 35. See the History of the Colony of
Massachusetts Bay, by Hutchinson, vol. i., p. 9.
[27] See Pitkin's History, pp. 42, 47.
[28] The inhabitants of Massachusetts had deviated from the forms which
are preserved in the criminal and civil procedure of England: in 1650
the decrees of justice were not yet headed by the royal style. See
Hutchinson, vol. i., p. 452.
[29] Code of 1650, p. 28. Hartford, 1830.
[30] See also in Hutchinson's History, vol. i., pp. 435, 456,
the analysis of the penal code adopted in 1648, by the colony of
Massachusetts: this code is drawn up on the same principles as that of
Connecticut.
[31] Adultery was also punished with death by the law of Massachusetts;
and Hutchinson, vol. i., p. 441, says that several persons actually
suffered for this crime. He quotes a curious anecdote on this subject,
which occurred in the year 1663. A married woman had had criminal
intercourse with a young man; her husband died, and she married the
lover. Several years had elapsed, when the public began to suspect the
previous intercourse of this couple; they were thrown into prison, put
upon trial, and very narrowly escaped capital punishment.
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