Democracy in America — Volume 1Tocqueville, Alexis de
History
Democracy in America — Volume 1
Tocqueville, Alexis de
Democracy -- United States; United States -- Politics and government; United States -- Social conditions
In 1628 *m 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 *n 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 seat 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 afterwards, under Charles II. that their
existence was legally recognized by a royal charter.
m
[ See “Pitkin’s History,” p, 35. See the “History of the Colony of
Massachusetts Bay,” by Hutchinson, vol. i. p. 9.] [Footnote n: See
“Pitkin’s History,” pp. 42, 47.]
This frequently renders its 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
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. *o 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.
o
[ 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.]
Amongst these documents we shall notice, as especially characteristic,
the code of laws promulgated by the little State of Connecticut in
1650. *p The legislators of Connecticut *q begin with the penal laws,
and, strange to say, they borrow their provisions from the text of Holy
Writ. “Whosoever 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, *r 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 applied 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 towards the guilty.
p
[ Code of 1650, p. 28; Hartford, 1830.]
q
[ 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.]
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