Constitutional history -- United States; United States -- Politics and government; United States. Constitution. 18th Amendment
In the year 1775, under the British law, the Parliament at Westminster
claimed the unqualified right to determine in what matters and to
what extent laws should be made which would interfere with individual
freedom. From such decision of the legislative part of the British
Government there was no appeal save by force or revolution. For this
reason, that every human being under that Government must submit to any
interference with individual freedom commanded by that Legislature,
all British human beings were “subjects.” And, as all Americans were
then under that British Government, all Americans were then “subjects.”
Such was their legal status under the so-called British Constitution.
Curiously enough, however, until a comparatively short time prior to
1775, such had _not_ been the _actual_ status of the Americans. In this
sharp contrast between their legal and their actual status, there will
be found both the cause of their Revolution and the source of their
great and accurate knowledge of the sound principles of republican
government which they later made the fundamental law of America.
From the day their ancestors had first been British colonists in
America their legal status had been that of subjects of the British
Government. But, so long as they remained merely a few widely scattered
sets of human beings in a new world, struggling to get a bare existence
from day to day, they offered no temptation to the omnipotent British
Government to oppress them, its subjects. They still had to show the
signs of acquiring that community wealth which has always been the
temptation of government to unjust exaction from the human beings it
governs. For that reason, their legal government concerned itself very
little about them or their welfare. It thus became their necessity to
govern themselves for all the purposes for which they locally needed
government as security to their individual welfare.
Only thirteen years after the first permanent English settlement in
Virginia, “Sir George Yeardley, then the Governor of the colony, in
1619 called a general assembly, composed of representatives from
the various plantations in the colony, and permitted them to assume
and exercise the high functions of legislation. Thus was formed and
established the first representative legislature that ever sat in
America. And this example of a domestic parliament, to regulate all the
internal concerns of the country, was never lost sight of, but was ever
afterwards cherished [until 1917] throughout America, as the dearest
birthright of freemen.” (1 _Ell. Deb._ 22.)
Public-domain text, read in full here on John Shaqi.
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