New England -- History -- Colonial period, ca. 1600-1775
Osgood, _American Colonies_, vol. III, pp. 4 _f._; “The English
colonies, however, were not sister communities of England, but
dependent local jurisdictions for whose welfare and safety the
mother-country had assumed the responsibility.” Beer, _Origins_, p.
301. For discussion of the element of distance, _cf._ Lucas, _Greater
Rome and Greater Britain_, pp. 32 _ff._
At the time when the New England colonies were planted, the doctrine of
Parliamentary sovereignty, of the supreme authority in the state of that
body which had hitherto been regarded rather as a judicial than a
legislative one, was beginning to take hold of men's minds. It required,
however, the ordeal by battle of a civil war to decide the question; and
it was not until the Restoration that Parliament took its permanent
place among English institutions.[740] The close connection of the
colonies with the Crown arose from the fact that, during the period of
their founding, their relations to the government of England were mainly
with the Executive and as occupiers of the soil, the executive power
being then lodged in the King in Council, and the title to the land
being vested in the Crown.[741] As the constitutional situation
gradually altered, the colonies remained, of course, subject to the
sovereign power, wherever located, as did Englishmen at home, although
so complex, and difficult of both legal and equitable settlement, were
the questions of sovereignty in the Empire raised by the phenomena of
overseas dominions, that it is highly questionable whether their
solution has ever been found. Only a few years ago, a brilliant
Englishman could speak of the bonds then uniting England and her
colonies as “a confusion of legal formulas and brittle sympathies”; and
although, as tested in the world-crisis of the Great War, those
sympathies have proved anything but brittle, his conclusion that
imperial sovereignty is, in reality, non-existent, seems
irrefutable.[742] The ship of state to-day, compared to that of the
seventeenth century, is as a dreadnought to the Mayflower; but if, after
three centuries, the problem of imperial organization is yet awaiting
solution, with the best of will on the part of both England and the
dominions, there need be little surprise, and certainly no bitterness,
over the slow and blundering beginnings. Unfortunately, owing to the
uncertainty, in the course of England's political evolution, as to where
sovereignty really lay, and also to the inherent difficulties involved
in the question of the realm and the dominions, alluded to in an earlier
chapter, the way was all too open for controversial misunderstandings on
purely technical grounds between the colonies and the mother-country.
And this quite apart from the difficulties raised by distance, and the
attempted course of Stuart usurpation, against which latter, it must be
remembered, the forces of freedom were to struggle in old England as
well as in her colonies.
Footnote 740:
Public-domain text, read in full here on John Shaqi.
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