History of the United StatesBeard, Charles A. (Charles Austin)
History
History of the United States
Beard, Charles A. (Charles Austin)
United States -- History
=Judicial Control.=--Supplementing this administrative control over the
colonies was a constant supervision by the English courts of law. The
king, by virtue of his inherent authority, claimed and exercised high
appellate powers over all judicial tribunals in the empire. The right
of appeal from local courts, expressly set forth in some charters, was,
on the eve of the Revolution, maintained in every colony. Any subject in
England or America, who, in the regular legal course, was aggrieved by
any act of a colonial legislature or any decision of a colonial court,
had the right, subject to certain regulations, to carry his case to the
king in council, forcing his opponent to follow him across the sea. In
the exercise of appellate power, the king in council acting as a court
could, and frequently did, declare acts of colonial legislatures duly
enacted and approved, null and void, on the ground that they were
contrary to English law.
=Imperial Control in Operation.=--Day after day, week after week, year
after year, the machinery for political and judicial control over
colonial affairs was in operation. At one time the British governors in
the colonies were ordered not to approve any colonial law imposing a
duty on European goods imported in English vessels. Again, when North
Carolina laid a tax on peddlers, the council objected to it as
"restrictive upon the trade and dispersion of English manufactures
throughout the continent." At other times, Indian trade was regulated in
the interests of the whole empire or grants of lands by a colonial
legislature were set aside. Virginia was forbidden to close her ports to
North Carolina lest there should be retaliation.
In short, foreign and intercolonial trade were subjected to a control
higher than that of the colony, foreshadowing a day when the
Constitution of the United States was to commit to Congress the power to
regulate interstate and foreign commerce and commerce with the Indians.
A superior judicial power, towering above that of the colonies, as the
Supreme Court at Washington now towers above the states, kept the
colonial legislatures within the metes and bounds of established law. In
the thousands of appeals, memorials, petitions, and complaints, and the
rulings and decisions upon them, were written the real history of
British imperial control over the American colonies.
Public-domain text, read in full here on John Shaqi.
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