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CHAPTER IX.
CHARLES I.—FROM THE PETITION OF RIGHT TO THE GRAND REMONSTRANCE.
Five Subsidies Granted to the King-Punishment of Dr. Mainwaring-Ille-
gal Commission of Excise Cancelled-Remonstrance of the Commons
Concerning Tonnage and Poundage-Parliament Prorogued-Charles's
Speech-Reassembling of Parliament-Consideration of Grievances
and Outrages-The King Consents to Tonnage and Poundage as a
Parliamentary Grant-Further Irritations by the Star Chamber-
Charles Commands an Adjournment-Resistance of the Commons-
Their Protestation-Charles's Proclamation-Imprisonments-Disso-
lution-Remarks of Clarendon-Daring Proclamation by the King-
Prosecutions of the Imprisoned Members-Disregard of Habeas Corpus
by the Judges-Royal Exactions from the People-Feudal Oppres-
sions and Forest Laws Restored-Ship Money-John Hampden-
Charles's Doctrine of MILITARY NECESSITY Sustained by the Judges in
"Extra-Judicial Opinion "-The Short Parliament-Grievances
Considered-Supplies Demanded by the King-Answer of the Com-
mons-Dissolution-The Long Parliament--Its Temper from the First
-Unanimity of Lords and Commons-Late Proceedings of the King,
and the Extra-Judicial Opinion of the Judges in Regard to Ship Money
Declared Illegal-Monopolists and Patentees Excluded from Parlia-
ment-Humiliation of the King-Tenure of Judges' Appointments to
be henceforth for Life-Act for Triennial Parliaments-Act to Pre-
vent Sudden Adjournments and Dissolutions--Charles Gives up his
Claim to Tonnage and Poundage--Abolition of the Court of Star Cham-
ber and High Commission Court-Ship Money, Forest Claims, and
Feudal Exactions Abandoned-Observations-Satisfaction of Reason-
able Men Among the Commons-Welcome of the King in London on
his Return from Scotland-Puritanism,
an
CHAPTER X.
PAGE
329
CHARLES I.--THE REIGN OF PURITANISM-FROM THE GRAND REMONSTRANCE TO
THE END OF CONSTITUTIONAL LEGISLATION UNDER CHARLES.
The Grand Remonstrance Carried by a Puritan Majority of Eleven-Saying
of Cromwell-Different Opinions Concerning the Remonstrance--Its
Futility-Sketch of its Contents-Object and Determination of the
Puritans-Their Exasperation of the King-Royal Impeachment and
Imprisonment of Lord Kimbotton and the Five Members--Declaration
of the Commons-Return of the Five Members-Separation of King
and Parliament-His Efforts at a Reconciliation-Implacability of the
Puritans--Bishops Removed from Parliament-The "Root and Branch
Bill "--Abolition-Militia Bill-The King Refuses His Assent--Mes-
sage to the King from Parliament-His Answer-General Review--
Puritan Despotism--Cromwell,
351
CHAPTER XI,
CHARLES II.-THE RESTORATION.-ABOLITION OF THE FEUDAL TENURES.-HABEAS
CORPUS ACT.
England Under Cromwell-Reaction from Puritanism at the Restoration-
Tendency to Restore Absolutism-Moderation of the Royalists-the
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-
clusion,
367
CHAPTER XII.
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
it-Conclusion,
BILL OF RIGHTS,
ACT OF SETTLEMENT,
378
391
400
CHAPTER XIII.
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,
CHAPTER XIV.
403
THE ANGLO-SAXON SYSTEM IN NORTH AMERICA-DISPUTE WITH ENGLAND-RIGHT
OF REVOLUTION.
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,
433
444
CHAPTER XV.
INDEPENDENCE.
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
True Grandeur,
THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF
AMERICA,
448
461
CHAPTER XVI.
CONFEDERATION.
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, 467
ARTICLES OF CONFEDERATION, 478
CHAPTER XVII.
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.