Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
History
Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
America -- Discovery and exploration; America -- History; United States -- History
colonists to govern by all the powers of the charter; but that they
would part with no power till the people were disposed to be more
orderly. This was written to Ludwell; but to the public it was at
last definitely announced “that as the people have declared they
would rather be governed by the powers granted by the charter without
regard to the Fundamental Constitutions, it will be for their quiet
and the protection of the well-disposed to grant their request.” The
Proprietors, however, still held to the Constitutions as a compact
among themselves and as a regulation of their mutual interests; and
even endeavored once more to tempt the people to adopt some part of
them in the fifth set, reduced to 41 Articles. They were then laid
aside entirely.
The assembly (we shall no longer call them parliament), not yet aware
of the action of the Proprietors, prepared a summary of grievances:
that the latest form of conveying land was not satisfactory; that
courts ought to be regulated by laws made by the assent of the people;
that the representatives of the people are too few in the assembly and
not appointed according to the charter; that the power of enacting
necessary laws should not be obstructed; that the application of the
laws of England to the province ought not to be by authority of a
Palatine Court (established by their lordships), but such laws are
applicable of their own force, or are to be so by act of the assembly;
that the powers of the assembly and the validity of their enactments
are not to be judged by inferior courts, but by the next succeeding
General Assembly; that martial law should not be resorted to except in
case of rebellion, tumult, sedition, or invasion; that there should be
more commoners in the council; that the deputies of the Proprietors
were forbidden to confirm a certain set of laws (necessary at times
for the immediate welfare of the people) until their lordships’ assent
should be given, which could not be known in the province “in less time
than one year, sometimes two,” and they do not conceive the Patent of
Carolina gives any such powers to their lordships.
Public-domain text, read in full here on John Shaqi.
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