History for ready reference, Volume 5, Tunnage to Zyp and SupplementLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 5, Tunnage to Zyp and Supplement
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
UNITED STATES OF AMERICA: A. D. 1760-1775.
Crown, Parliament and Colonies.
The English theory and the American theory of their relations.
"The people of every colony were subject to two jurisdictions,
one local and one general, that must be adjusted to each
other. To effect such adjustment caused no little friction;
and the Colonies and the Mother Country got on peaceably as
long as they did, only because neither one pushed its theory
of colonial relations to an extreme, each yielding something
to the other and thus effecting a compromise. The Colonies
held that the dominion which the Cabots discovered in America
belonged to the King, rather than to the Kingdom, of England.
Englishmen adventuring into this dominion to plant colonies
were entitled to all the privileges of free-born Englishmen at
home; trial by jury, habeas corpus, and exemption from taxes
that their own representatives had not voted. The British
Empire was not one dominion, but several dominions. Everyone
of these dominions had, or should have, its own legislature to
enact laws for its government. The Colonies were not one
dominion, but 13 dominions; and in everyone the legislature
was as supreme as Parliament was in England. Parliament,
therefore, had nothing more to do with Massachusetts or
Virginia than the legislatures of those colonies had to do
with England. The King, who alone had a voice in the matter,
had, in their charters, guaranteed to the Colonies the common
law so far as this was applicable to their condition, and he
was now powerless to withdraw what he had thus conceded. Such,
in outline, was the American theory of colonial relations.
Still, no one pretended that this theory had ever been fully
carried out in practice. It must also be said that it did not
appear fully formed at once, but grew up gradually. The
British theory was that Englishmen continued Englishmen when
they emigrated to the American dominions of the King; that the
power of Parliament, to which they were subject in the old
home, followed them to the new one; and that Parliament could
yield them more or fewer powers of self-government for a time,
and then withdraw them. It was also claimed that the Colonies
were already represented in the House of Commons; since the
several members of that body did not represent particular
districts or constituencies, but the whole British Empire.
Besides, it was asserted that the Colonies themselves had
repeatedly acknowledged the authority of Parliament by
submitting to its legislation. Still no one pretended that
this theory had ever been fully carried out."
_B. A. Hinsdale,
The American Government,
sections 92-93._
ALSO IN:
_R. Frothingham,
Life and Times of Joseph Warren,
pages 30-32._
Public-domain text, read in full here on John Shaqi.
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