History of the United States, Volume 1Andrews, Elisha Benjamin
History
History of the United States, Volume 1
Andrews, Elisha Benjamin
United States -- History
But unfortunately the legal limits and meaning of this freedom were
never determined. Had they been, our Revolution need not have come.
Monarchs continually attempted to stretch hither the royal prerogative,
but how far this was legal was not then, and never can be, decided. The
constitutional scope of a monarch's prerogative in England itself was
one of the great questions of the seventeenth century, and remained
serious and unsettled through the eighteenth. Applied to America the
problem became angrier still, partly because giving a charter--and the
colonies were all founded on such gift--was an act of prerogative.
English lawyers never doubted that acts of Parliament were valid in the
colonies. The colonists opposed both the king's and the Parliament's
pretensions, and held their own legislatures to be coordinate with the
Houses at Westminster. They claimed as rights the protection of habeas
corpus, freedom from taxation without their consent, and all the Great
Charter's guarantees. It was the habit of English theorizing on the
subject to allow them these, if at all, as of grace. Repudiating the
pretence that they were represented in Parliament, they likewise denied
all wish to be so, but desired to have colonial legislatures recognized
as concurrent with the English--each colony joined to the mother-country
by a sort of personal union, or through some such tie as exists between
England and her colonies to-day. Massachusetts theorists used as a valid
analogy the relation of ancient Normandy to the French kings. Though no
longer venturing to do so at home, monarchs freely vetoed legislation in
all the colonies except Rhode Island and Connecticut. It was held that
even these colonies were after all somehow subject to England's
oversight.
On the subject of taxation there was continual dispute,
misunderstanding, recrimination. The colonies did not object to
providing for their own defence. They were willing to do this under
English direction if asked, not commanded. Direct taxation for England's
behoof was never once consented to by America, and till late never
thought of by England. The English navigation laws, however, though
amounting to taxation of America in aid of England, and continually
evaded as unjust, were allowed by the colonies' legislative acts, and
never seriously objected to in any formal way.
CHAPTER VII.
SOCIAL CULTURE IN COLONIAL TIMES
[1750]
Public-domain text, read in full here on John Shaqi.
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