Escolar Documentos
Profissional Documentos
Cultura Documentos
FREEDOM
1.
COLONIAL AMERICA
4.
5.
THE CONSTITUTION
8.
The course is aimed at shedding light on the events, social, historical or otherwise,
which were conducive to the emergence of the American political system. In
this respect, issues such as the historical origins of the American political
system, early democratic initiatives, the Revolutionary War, the Constitutional
context deserve prominence.
The course further attempts to survey the three Charters of Freedom: the
Declaration of Independence, the Constitution and the Bill of Rights and
highlight their role in the making of the American nation. The course also
looks at other documents and literary sources which support the historical and
political events.
The American political system emerged during the American Revolution. It was
fostered by the political thought which generated it and grew along with it. As
early as 1783, each state had an independent government, with its own
legislature,
courts, and
local laws.
State and local governments emerged first, the federal government developed
later. Hence many rights and powers are not centered in Washington, but
originate and are controlled at the state and local level.
The existent differences or legal variations generate various attitudes towards
business, resulting in some states being more favorable to business than
others. Also corporate taxes vary greatly from state to state, as do laws for
incorporating a business.
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In July 1585 the first 108 English settlers landed on Roanoke Island, off the
coast of what is known the state of North Carolina. Starved and weakened they
left the settlement and sailed back to England. John White, a mapmaker sailed
with them.
In 1587 Sir Walter Raleigh sent again 118 settlers on Roanoke, including John
White, the mapmaker, whose daughter gave birth to the first English child born in
America, Virginia Dare. White returned to England for supplies and sailed back
to America only three years later. On his return in 1590 the settlement was
deserted what he found was only one word carved on a tree Croaton.
Raleigh was atheist and an adventurer, but the epoch was a religious one,
dominated by the Bible and The Book of Marthyrs- spread the myth that the
English had replaced the Jews the as the Elect Nation and were divinely
appointed by God to do Gods will on earth. at the origin of the myth was the
belief that the Christian faith had been brought to Britain directly by Joseph of
Arimathea on the instructions of the Apostles. Some held the view that is was St
Paul, or that Christ himself S.
paid
a secret
visit. The Roman Empire was6
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Chrisianised by the British.
In 1607 a new convoy of settlers built a new settlement which inaugurated the
era of lasting English settlements in America. The settlement was named
Jamestown after King James I..
From then on the British crown sent over to the New World human offal, as
the new concept of getting rid of certain social categories gained ground all
over Europe. So the new settlers were predominantly convicts, homeless
children, condemned criminals etc.
The secret of the survival of the colony lies in the discipline enforced by John
Smith, in the exploitation of large areas of fertile land, the hard work of the
colonists, and finally in the cultivation of tobacco, for which John Rolfe earns
the greatest merit
John Smith
10
On July 30, 1619 the first General Assembly of Virginia met in Jamestown
Church for a week. Presided over by Yeardly, flanked by his six fellow
councilors, constituting the government, it also included twenty-two elected
burgesses. They set in separate House, like the Westminster Common and
made up a miniature parliament, as in England itself.
The next event was the landing at New Plymouth (in what later became
Massachusetts) on Dec. 11, 1620 of the first settlers of the Mayflower, who on
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board assembled and drew up
a social compact, destined to secure unity and 11
provide for future government. In effect, it created a Civil Body Politic.
12
So far the new settlers had been gentlemen adventurers, landless men, indentured
servants, all united by the common desire to better themselves socially and
financially in the New World. They all were driven by the desire to apply to
common law justly, govern sensibly in the common interest and according to the
general needs of the community. They and their progeny were to form one
principal element in American traditions, both public and private a useful,
moderate, creative element, good for all seasons.
The settlers who embarked on the Mayflower were different, they came to
America not primarily for gain or even livelihood, though they accepted both
from God with gratitude, but to create His kingdom on earth. They were the
zealots, the idealists, the utopians, the saints, and the best of them, or perhaps...
the most extreme of them were fanatical, uncompromising and overweening in
their self-righteousness.
They were also immensely energetic, persistent, a courageous. They
and their offsprings were to build to other element in the American tradition,
creative too, but ideological and cerebral, prickly and unbending, fiercely
unyielding on occasions to the point of self-destruction. These two elements were
to produce the American people.S. IRIMIEA, API, 2013
13
In effect, it created a civil body politic to provide just and equal laws
founded upon church teaching, the religious and secular governance of the
colony to be in effect indistinguishable.
This contract was based upon the original Biblical covenant between God
and the Israelites. But it reflected also early 17 th century social-contract theory,
which was later to receive such notable expressions in Thomas Hobbes
Leviathan (1655) and John Lockes Treatise of Civil Government (1690).
It is an amazing document for these earnest men (and women) to have agreed
and drawn up, signed by all forty-one heads of households abroad the tiny
vessel in the midst of the troubled Atlantic and it justified to the profound
earnestness and high purpose with which they viewed their venture (Johnson
P. 1999.).
14
John Winthrop
15
These later convoys were soon followed by other convoys which brought over
animals, provisions, livestock of all kinds. The settlers cultivating skill and their
devotion turned the Connecticut Valley into the richest and most fertile land. In
time to all these natural treasures it added colleges, publishing houses, and the
first newspapers in the Americas.These settlers did indeed not fail because they
did not go in search for gold, instead they sought to prosper locally.
Winthrop became the first New England governor between 1630-4 and the
colony had a firm, even a harsh government, exactly what it needed most. The
government was conducted by men chosen by all full members of the
congregation. These were freemen and they were recruited in batches on
account of their Godly behaviour. Although from time to time he added more
men to the freemen ranks, he ruled the community as a dictator. He summoned
his General Court only once a year, not four times as the company charter
stipulated. In his time everyone not only the freemen had to swear an oath of
loyalty to his government.
The freemen of the colony then set up what was in effect a representative
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system of government,
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17
Another significant figure which emerged in this age was Roger Williams (1603-83)
a clever, energetic and public-spirited man.
Williams stood for the liberty-principle. He held the view that God convenanted with each individual and not
as Winthrop asserted that God convenanted with a congregation or an entire society. Thus he firmly separated
church from state, and their interference.
Eventually Williams became persecuted for his liberal views and had to flee. He then founded the Rhode
Island colony and was its governor. Rhode Island became the first colony to declare complete freedom of
religion and separate the church from state. This facilitated the absorption of Quakers, Baptists etc. so his
colony became a refuge to diverse religions sects. This marked a turning point in the evolution of America. It
not only acknowledged the separation of church and state, but went one step further by inaugurating the
practice of religious competition.
Although The New World did not produce many noteworthy works of art in the 17 th century nor did its
inhabitants excel in literature, yet America was abreast of the European world. It had a deep-rooted and
increasingly experimental political culture. Here, the English tradition was incomparable value. It was rich and
very ancient (Johnson Paul,1999). In this respect it could not be compared with Spain or France whose
national institution emerged only in the 17 th century, neither having much experience of representative
government of a unified legal system. By contrast, England had a national unity since the 9 th century with
forms of representation going back to that date and even beyond. Its common law began to mature as early as
the 12th century; its statute of the realm, Magna Carta, was enrolled as early as 1215, its parliaments, with their
knights of the shire and their burgesses of the towns, had had a continuous history since the 14 th century as an
institution which passed laws for all the people and raised revenues from all of them, too. Thus, behind the
settlers of America were 1,000 years of political
historyAPI,
(Johnson
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2013 P., 1999).
18
19
Originally the colonies had been divided into two categories: trading or
commercial companies run like primitive joint-stock corporations, or
proprietary companies, run by one or more great landed estate-owners. All
had charters issued directly by the crown. In each colony the governor
constituted the apex of the pyramid of power and it is a characteristic of the
profound constitutional conservatorism.
1.
In the crown colonies the governors were appointed by the king on the advice
of his ministers.
2.
In the proprietary colonies they were chosen by the proprietors with the
Kings approval.
3.
In the charter colonies they were elected, though again royal approval was
needed. They were paid by the colonial assemblies some small stipends.
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21
Then there was yet another chamber, the lower chamber of the assemblies.
The first such chamber dated as far back as 1619. All the colonies were
governed by such chambers and most of them were older than any parliaments
in Europe, apart from Britains. They imitated the House of Commons and
kept track of all its history, and whenever the case arose they cited from it to
defend a certain cause.
The Americans inherited the English common law and produced the
constitutions as well. The Fundamental Orders of Connecticut (1639) was the
first written constitution not only in America, but also in the world.
22
23
In constitutional terms, the first half of the 18th century American mainland
colonies is dominated by the struggle of the lower elected houses to gain
control. Although, in general, the governor had the power of veto over
legislation and he was expected, using his council of members sitting in the
upper chamber, to take the lead within the elected assemblies differentially
subordinate. However, the reverse happened, i.e. these assemblies waged
constitutional battles with governors, councils, and the crown, blocked orders,
and, on the whole determined the political agenda. Soon they increased their
power and during the first half of the 18th century they were able to order their
own business, hold elections, direct their agents in London, control the release
of news to the press. They had the sole right to frame and amend money Bills,
and so to raise or lower taxes. They controlled expenditure by specific
allocations, including the appointment of money commissioners and taxcollectors, regulated the fees of the administration and subjected all officials to
annual salary regulations. In fact unlike the House of Commons they disposed
of executive responsibilities and began to think themselves as government.
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The lower houses eventually set the lead or the upper hand at various
speeds in different colonies. So in 1770, they all did so and the movement,
on the whole indicated one single direction towards representative
democracy and the rule by the many. These were the Houses of
Representatives.
25
Until 1763 the advantages that the colonists had from the imperial policy
dictated their attitude, that is, they were obedient subjects. As advantages we
can mention:
access to markets of the empire;
protection afforded by British naval and military forces;
the pride of belonging to that empire.
26
After 1763 Americans grew aware of the disadvantages brought about by the
empire and they concluded that the policies of the empire rather threatened
the well-being of nearly all classes in America.
northern merchants suffered from the various restraints imposed on their trade
and the increased taxation
southern planters were burdened with debts to English merchants and had to
pay additional taxes
professional men-preachers, lawyers and professors considered that they had
the same interests as the merchants and planters
small farmers were deprived of some markets and affected by a reduction of
prices for their crops and an increase in their taxes and other-costs
town workers faced narrower opportunities because of restraints on
manufacturing paper money.
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27
Thus, on the night of March 5, 1770 citizens and other liberty boys fell
upon the sentry at the customs house. This confrontation caused several shots
to be fired and some soldiers fell. This event is remembered as the Boston
Massacre.
28
The measurea taken by the British crown angered the local spirits so
consequently, in September 1774 a group of colonial leaders came to
Philadelphia to form the first Continental Congress to oppose what they
considered the British King, but on the other hand it called upon all Americans
to take a stand against the British acts, to support the people of
Massachusetts by refusing to buy British goods. The Congress agreed on five
major decisions:
they did not accept the idea of a colonial union under British authority;
they recognized the right of the Parliament to regulate colonial trade and
required the elimination of all acts passed since 1763;
approved to preparations concerning a possible defense against the British
troops in Boston;
agreed to non-importation and non-consumption as means of shopping the
trade with Great Britain;
that the Congress be held once a year.
In other words this meant that the colonies reaffirmed their autonomous status
within the empire and declared economic war to maintain that position.
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30
Declaration of the Causes and Necessiy of Tking up Arms
Lest this declaration should disquiet the mind of our friends and fellow
subjects any part of the empire, we assure them that we mean not to dissolve
that union which has so long and so happily subsided between us, and which
we sincerely wish to see restored. Necessity has not yet driven us into that
desperate measure, or induced us to excite any other nation to war against
them. We have not raised armies with the ambitious design of separating from
Great Britain, and establishing independent states
In our native land, indefence of the freedom that is our birthright, and which
we ver enoyed till the late violation in it for the protection of our property,
acquired solely by the honest industry of our forefathers and ourselves, against
violence actually offered, we have taken up arms. We shall lay them down
when hostilities shall cease the part of the aggressors, and all danger of their
being renewed shall be removed, and not before
31
32
33
34
Bibliography
Walter J. Oleszek, 1984, Congressional Procedures and the Policy Process, CQ Press,
Washington, DC.
Siane Racitch and Abigail Thernstrom, 1992, The Democracy Reader, Harper Collin
Publishers, NY.
Frances Moore Lapp, 1989, Rediscovering Americas Values, Balantice Bodes, NY.
James E Mickery, Jr. and Alexei Ugrinsky, 1996, Government Structure in the USAR
the Sovereign Stetes of the Former USSR, Greewook Press, London.
Paul Johnson, 1999, A History of the American People, Harper Perennial, NY.
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