Free Government in England and America: Containing the Great Charter, the ... - John Fulton - Google Bøker

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Feudal Tenures-Former Efforts to Abolish Them-Their Final Aboli-

tion in this Reign-Habeas Corpus-Origin of the Name-Provision of

Magna Charta-Historical Sketch-Author of the Bill-Its Reproduc

tion in the United States-Its Twelve Provisions-Its Importance-

Illustration from the Parallel History of France and England-Con-

JAMES II.THE REVOLUTION.-BILL OF RIGHTS.-ACT OF SETTLEMENT.

Preliminary Observations-The Exclusion Bill-Whig and Tory-Laws

against Romanists-James, at his Accession, Acknowledges their

Obligation-Supplies Granted by Parliament for the Term of the

King's Life-James Insists on Supplies for a Standing Army, but De-

clares that he has Broken and will Break the Test Laws--Answer of

the Commons-Illegal Revival of the High Commission Court--Daring

Declaration of Indulgence Published by the King-Execution of it-

Trial of the Seven Bishops-Prince of Orange Lands-Flight of James

-Meeting of Lords and Commons and the Common Council of Lon-

don-Convention at Westminster-Joint Resolution of Lords and

Commons-Settlement of the Crown on William and Mary-Substance

of the Bill of Rights-Act of Settlement-Its Necessity-Substance of

367

COLONIAL CONSTITUTIONS.

Introductory Observations-Constitutional Position of the Colonists-Law of

Nations on the Subject of Colonial Settlements: in Countries having

Laws and Constitutions: in Countries not having Laws and Constitu-

tions-Application of it to the Colonies-Their Interior Politics-

Provincial Establishments-Proprietary Governments-Charter Gov-

ernments-Mixed Government-Constitutions of the Colonies-Vir-

ginia-Plymouth Colonies-Massachusetts-New Hampshire-Maine-

Connecticut-Rhode Island-Maryland-New York-New Jersey-

Pennsylvania-Delaware-North and South Carolina-Georgia,

THE ANGLO-SAXON SYSTEM IN NORTH AMERICA-DISPUTE WITH ENGLAND-RIGHT

Comparison of the Colonial with the Anglo-Saxon Settlements-Distinctness

of the Colonies and its Causes-Different Times of Settlement-Dis-

tance--Navigation Laws-Religious Animosities-Political Antipathies

-Necessity of the Revolutionary War-The New England Confederacy

-Nature of the Controversy of the Colonies with England-Claims of

the English Parliament-Opposite View of the Colonies-How Vindi-

cated by the Present Colonial System of England-Observations-

Force of Circumstances in Compelling the Adoption of the Anglo-

Saxon System in America-The Right of Revolution-Founded in Na-

ture-Object of Governments-The Doctrine of Consent-Revolution

only Justifiable in Case of Tyranny or Usurpation-Objection to the

Right of Revolution on Scriptural Grounds-How Answered-Case of

Hezekiah-Revolution is Justifiable Politically only by Success-Pru-

dentially by an Improved Government-The American Revolution

Justified Religiously, Politically, Prudentially-A Question,

NOTE,

First Congress of Colonial Delegates-Assertion of Rights-Non-Inter-

course-Petition to the King-Advice to Massachusetts-Lord North's

Motion Rejected-Adjournment of Congress-Its Proceedings after

Reassembling-Debate on the Proposition to Declare the Indepen-

dence of the Colonies-Committee Appointed to Draft a Form of Con-

federation-Further Steps towards the Adoption of the Declaration—

Its Final Signature by the Members of Convention-Matter of the De-

claration-Whence Derived-Its Legal and Constitutional Effect-Its

Committee on Confederation Appointed before the Declaration was Adopted

-Its Report-Debate on the Plan of Confederation-Proportion of Tax-

ation-Remarks of Mr. Chase-John Adams-Mr. Harrison-Mr. Payne

-Dr. Witherspoon-Debate on State Votes in Congress-Remarks of

Mr. Chase-Dr. Franklin-Dr. Witherspoon-John Adams-Mr.

Hopkins-Mr. Wilson-Adoption of the Confederation-Its Value,

ARTICLES OF CONFEDERATION,

478

ADOPTION OF THE CONSTITUTION.

Circumstances under which it was Adopted-Constitutional Position of the

Colonies after the Declaration-That of Limited or Constitutional Gov-

ernments-Independent of each other-Yet United-Distinction Be-

tween a Consolidated and a Federative Union-Weakness of the Con-

federation-Financial Difficulties-Difficulty in Making Treaties of

Foreign Alliance-Proposition in Congress-Call of Virginia-Conven-

tion at Annapolis-Its Report to the Legislatures-Congress calls upon

the States to Send Delegates to a Convention-Importance of the

Phraseology of the Call-Assembling of the Convention at Philadel-

phia-Parties in the Convention-The Monarchical Party-The Large

State Party-The State Rights Party-Propositions of Mr. Randolph-

of Mr. Charles Pinckney-of Mr. Patterson-Of Colonel Hamilton-

Twenty-Three Resolutions of Convention with Dates of their Adoption

-Debates on the Third and Fourth Resolutions from Luther Martin—

Equal Division of the Convention on the Subject of Representation in

Congress-Conference-Compromise-Draft of Constitution Reported

-Omission of the Word National-The Reason-the Revised Draft--

Omission of the Names of States in the Preamble-The Reason-Seces-

sion of States from the Confederation-Unanimous Adoption of the

Constitution in Convention-Its Reception by Congress-Ratifications

by the States-Act for Putting it in Operation-Washington Elected

President-Imperfection of the Constitution as Adopted-Declarations

Made and Amendments Offered by the States-Massachusetts-New

Hampshire South Carolina-Virginia-New York-Rhode Island-

Twelve Amendments Proposed by Congress-Ten of them Accepted

by the States-Value of the Amendments-The Eleventh Amendment

-The Twelfth-Concluding Observations,

CONSTITUTION OF THE UNITED STATES OF AMERICA,

ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION OF THE

UNITED STATES of America,

ADDENDA TO PART SECOND.

LOCKE ON GOVERNMENT.

Objects of Government-Arbitrary Power Compared with a Government of

Laws-Consent and Force-Conquest-Right of the Conquered-Limits

of the Right which can be Obtained by a Rightful Conqueror-Over

His Own People-Over the Vanquished-The Latter Despotical-But

not Universal in its Extent-Not Including the Property of the Van-

quished, which is his Children's-But only the Lives of those Actually

Engaged in War-These Propositions Logically Discussed-Right of

Rebellion Reserved to the Conquered even after Forced Consent to the

Victor's Authority-This Right an Indefeasible Inheritance of their

Posterity-Case of the Greek Christians-Summary-Case of Hezekiah

-Arbitrary Rulers put themselves into a State of War with the People

-Thereby Absolving them from Allegiance-The People not Dis-

posed to Revolution-The Right of Revolution and Rebellion-When

it Exists-Objections Answered,

BURKE ON THE AMERICAN WAR.

Exordium-Occasion of the Speech-Magnitude of the Task of Restoring

Order in America--Burke's Proposition is "Peace not Through the

Medium of War"-"It is Simply Peace"-With the View of Restor-

ing Confidence and Procuring Reconciliation-The Questions at Issue-

Ought Concessions to be Made?-If so, What Concessions?-Position

of the War Party-Objections-Advantage Gained by Force Tem-

porary--America must be Destroyed in Preserving it to England-

Experience against the Use of Force-American Temper and Char-

acter-The Spirit of Liberty-Working of Colonial Government-

Conduct of the Government towards America-Means of Reconcilia-

tion-the Causes of Discontent must be Removed-Impossibility of

Subjugation-Infamy of the Attempt-Unfitness of England for the

Task-The American Character Fixed and Unalterable-Spirit of the

Southern Colonies-Slaves-Proposition of Criminal Prosecutions

against Rebels-"Too Big a Thing "-Definition of an Empire-In-

ference-Judicial Position of England-Her Consequent Duty of Jus-

tice What had been Gained by the Measures of the Government?

What Concessions ought to be Made-Complaint of the Colonies-

Taxation without Representation-Duty of Government-Necessity of

a Unity of Spirit-The Colonies must be Protected by the Constitution

-Example of Spain-Precedent of Ireland-Wales-Chester-Dur-

ham-Excitement of the American Mind to be Considered and Al-

lowed for-Effect of Reconciliation,

489

527

540

546

558

PART FIRST.

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