to the acts of English government?
In the first place, they claimed that their rights were received from, and
their allegiance was due to the King, not to the Parliament. The
colonists said the King was the only tie that bound them to England;
that Parliament was composed of representatives from England alone,
and therefore had powers of legislation only for England. Later,
however, it was conceded that in matters of general interest to the
whole United Kingdom, Parliament might exercise control, but that
concerning all matters of domestic and internal interest, and of concern
only to themselves, it was the right of their own legislatures to legislate,
and that under this head came taxation.
Says Story:[1] "Perhaps the best summary of the rights and liberties
asserted by all the colonies is contained in the celebrated declaration
drawn up by the Congress of nine colonies assembled at New York in
October, 1765 (Stamp Act Congress). That declaration asserted that the
colonists 'owe the same allegiance to the Crown of Great Britain that is
owing from his subjects born within the realm, and all due
subordination to that august body, the parliament of Great Britain,' That
the colonists 'are entitled to all the inherent rights and liberties of his
(the King's) natural born subjects within the kingdom of Great Britain.
That it is inseparably essential to the freedom of a people, and the
undoubted rights of Englishmen, that no taxes be imposed on them but
with their own consent given personally or by their representatives.'
That the 'people of the colonies are not, and from their local
circumstances cannot be represented in the House of Commons of
Great Britain. That the only representatives of these colonies are
persons chosen by themselves therein; and that no taxes ever have been
or can be constitutionally imposed upon them but by their respective
legislatures, and that trial by jury is the inherent and invaluable right of
every British subject in these colonies.'"
[Footnote 1: Commentaries, Vol. I, p. 175.]
In opposition to these views, the English government held that
Parliament had the authority to bind the colonies in all matters
whatsoever, and that there were no vested rights possessed by the
colonies, that could not be altered or annulled if Parliament so desired.
At the beginning of the Revolutionary War, complete independence
was not claimed by the colonies. It was not until July 4, 1776, that they
were driven to a declaration of full and entire independence and
self-government. By this declaration the colonies threw off their
colonial character, and assumed the position of states. This they did by
simply taking into their own hands the powers previously exercised by
the English King and Parliament. In the state constitutions which many
colonies formed during the year, their old colonial forms of
government were closely followed. Connecticut and Rhode Island, in
fact, merely declared their allegiance to England absolved, and retained
unchanged their old charters as their fundamental law. In Connecticut
no other state constitution was adopted until 1818, nor in Rhode Island
until 1842.
CHAPTER V.
Steps Toward Union.--Articles of Confederation.
Previous to 1774 the thirteen English colonies in America had had no
political or governmental connection with each other. Any attempt on
their part to unite without the consent of the English King or Parliament
would have been considered an act beyond their powers and as
insubordination towards the English government.
#New England Confederation.#--In 1643 there was formed a union of
the four colonies of Connecticut, New Hampshire, Plymouth, and
Massachusetts Bay, termed the "New England Confederation," which
lasted forty years; but this was merely a union for mutual protection
against their common foes, the French, the Dutch, and the Indians, and
not for joint legislation or government. It was a defensive alliance.
#The Albany Convention.#--(Franklin's Plan.) In 1754, however, there
was held a meeting of the colonies of New Hampshire, Massachusetts,
Rhode Island, Connecticut, New York, Pennsylvania, and Maryland,
called the "Albany Convention," in which was proposed a union of all
the colonies under one government. Benjamin Franklin, the chief
promoter of this scheme, drew up an elaborate constitution which was
to be adopted. According to this plan there was to be a chief executive,
elected by the king, and a council of 48 members, to be chosen by the
legislatures of the several colonies. This scheme failed to obtain either
the consent of the king or of the colonies themselves. It was too much
of a union to suit the king, and not enough for the colonies. #The Stamp
Act Congress.#--The indignation aroused by the attempt of England to
tax her colonies without allowing them a voice in the Parliament which
imposed such taxes, gave rise in 1765 to a meeting of delegates from
eight of the colonies. This assembly was called the
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