Narrative and Critical History of America, Vol. 6 (of 8): The United States of North America, Part I
History
Narrative and Critical History of America, Vol. 6 (of 8): The United States of North America, Part I
America -- Discovery and exploration; America -- History; United States -- History
But in England from the time of James I., and in America from the
coming of Winthrop, there had been an anti-prerogative party; and as
the prerogative party in England and the prerogative party in America
were one and the same, so the anti-prerogative party in England and the
anti-prerogative party in the colonies were one and the same, having
similar views, and, though separated by a thousand leagues, working to
the same end. On this question came the first political contest of the
Revolution; that of parliamentary supremacy came later. The strength of
one side was in legal and constitutional principles, as they were then
interpreted by judicial tribunals; that of the other lay in the changes
which were taking place in the British Constitution,—in short, in
revolution. The revolutionary party succeeded in both countries: in
America, by war; in England, by more silent influences which have
greatly modified, if not destroyed, the prerogative.
Although the prerogative was a cardinal right in the British
Constitution, and freely exercised by popular sovereigns like
Elizabeth, it began to be questioned under James I., and resisted
under Charles I., who lost his life in its defence, as James II. lost
his crown.[5] But the progress of this revolution was not steady,
nor did it always hold what it had gained. There came periods of
reaction, one of which was in the early days of George III. He was
strenuous in maintaining his prerogative, and, by the support of the
"King's Friends", probably held it with a firmer hand than any of
his predecessors since Elizabeth. The contest about the prerogatives
encountered this difficulty: that successful resistance in a particular
instance settled no principle, but left all other cases untouched.[6]
The extension of the navigation acts to the colonies by Parliament,
though assented to by King Charles II., was in derogation of his
prerogatives; and so in the time of William III. (1696) was the
attempt to transfer certain colonial affairs from the Privy Council,
which represented the king, to a proposed Council of Commerce, which
would have been the creature of Parliament. In consistency with
these proceedings, the king's power over the colonies ought to have
been transferred to Parliament; and instead of remaining the king's
colonies, they ought to have become a part of the empire, and his
authority over them no greater than that over the territory within the
four seas. But it was otherwise. The colonists remained the king's
subjects. He appointed their governors; he frequently set aside their
laws, and over them he exercised his royal prerogatives. One capital
point, however, had been gained by the revolutionary party on both
sides of the water. Successful invasions of the prerogative had at
length created what was called the "spirit of the constitution."[7]
The loyalists, however, seemed to be firmly entrenched in their
constitutional position, nor did the anti-prerogative party avoid a
Public-domain text, read in full here on John Shaqi.
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