Imágenes de páginas
PDF
EPUB

in writing by the Magna Charta. In addition they carried with them The Pilgrims the experience of the community self-government which had been draw up the Mayflower a feature of their several years' residence in Holland. When, there- Compact. fore, they dropped anchor in Cape Cod harbor on November 11, 1620, they had at least two political principles in mind: First, the necessity of protecting individuals against governmental aggression; second, the importance of established government in a new land. Before landing, they accordingly "by mutual consent entered into a solemn combination, as a body politic, to submit to such government and governors, laws and ordinances, as should by a general consent, from time to time, be made choice of, and assented unto." The text of this Mayflower Compact follows:

In the name of God, Amen. We whose names are underwritten, Preamble. the loyal subjects of our dread sovereign Lord, King James, by the grace of God, of Great Britain, France, and Ireland King, Defender of the faith, etc.

They agree

to the establishment

of a civil

body politic in their

Having undertaken for the glory of God, and advancement of the Christian faith, and honor of our King and country, a voyage to plant the first colony in the northern parts of Virginia; do by these presents solemnly and mutually, in the presence of God and of one another, covenant and combine ourselves together into a civil body new home. politic, for our better ordering and preservation, and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute, and frame such just and equal laws, ordinances, acts, constitutions, and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony; unto which we promise all due submission and obedience.

In witness whereof, we have hereunto subscribed our names, at Cape Cod, the eleventh of November, in the reign of our sovereign Lord King James, of England, France, and Ireland the eighteenth, and of Scotland the fifty-fourth, Anno Dom. 1620.

[blocks in formation]
[blocks in formation]

In 1619 the

colony of Virginia was granted a representative assembly.

Greeting!

Object of the ordi

nance.

9. Representative government in America1

The English had settled at Jamestown, Virginia, in 16c7, but for several years the colonists suffered great hardships under what resembled military government. In 1619, Sir George Yeardley arrived with the commission of governor-general from the Company which had planted the colony. Realizing the stimulating effect which self-government would have upon the colonists, the Company ordered Yeardley to see that "a general assembly should be held yearly once, whereat were to be present the Governor and Council, with two burgesses from each plantation freely to be elected by the inhabitants thereof; this assembly to have power to make and ordain whatsoever laws and orders should by them be thought good and profitable for our subsistence." The result was the establishment, in 1619, of the Virginia House of Burgesses, the first representative assembly in America. The following passages are extracts from the Ordinance for Virginia, 1621, which granted to the colony for the future the same form of government:

To all people, to whom these presents shall come, be seen, or heard, the Treasurer, Council, and Company of Adventurers and Planters. for the city of London for the first Colony of Virginia, send greeting. Know ye, that we . . . have thought fit to make our entrance, by ordering and establishing such supreme councils, as may not only be assisting to the Governor for the time being, in the administration of justice, and the executing of other duties to this office belonging, but also, by their vigilant care and prudence, may provide, as well for a remedy of all inconveniences, growing from time to time, as also for the advancing of increase, strength, stability, and prosperity of the said colony:

1 From the Ordinance for Virginia, 1621.

...

councils

We therefore, by authority directed to us from his Majesty Two under the Great Seal, upon mature deliberation, do hereby order supreme and declare, that, from hence forward, there shall be two supreme established. councils in Virginia, for the better government of the said colony

aforesaid.

and

The one of which councils, to be called the Council of State, (and The Council whose office shall chiefly be assisting, with their care, advice, and of State circumspection, to the said Governor), shall be chosen, nominated, placed, and displaced, from time to time, by us, the said Treasurer, Council, and Company, and our successors.

...

Which said counsellors and council we earnestly pray and desire, its duties. and in his Majesty's name strictly charge and command, that they bend their care and endeavours to assist the said Governor; first and principally, in the advancement of the honour and service of God, and the enlargement of his kingdom amongst the heathen people; and next, in erecting of the said colony in due obedience to his Majesty, and all lawful authority from his Majesty's directions; and lastly, in maintaining the said people in justice and Christian conversation amongst themselves, and in strength and ability to withstand their enemies.

The other council, more generally to be called by the Governor, once yearly, and no oftener, but for very extraordinary and important occasions, shall consist, for the present, of the said Council of State, and of two burgesses out of every town, hundred, or other particular plantation, to be respectively chosen by the inhabitants: which council shall be called the General Assembly, wherein (as also in the said Council of State) all matters shall be decided, determined and ordered, by the greater part of the voices then present; reserving to the Governor always a negative voice.

The second

council a General As

sembly.

And this General Assembly shall have free power to treat, consult, Its powers. and conclude, as well of all emergent occasions concerning the public weal of the said colony and every part thereof, as also to make, ordain, and enact such general laws and orders, for the behoof of the said colony, and the good government thereof, as shall, from time to time, appear necessary or requisite; . .

Provided, that no law or ordinance, made in the said General Assembly, shall be or continue in force or validity, unless the same

Limitations upon the

power of

the Assembly.

shall be solemnly ratified and confirmed, in a General Quarter Court of the said Company here in England, and so ratified, be returned to them under our seal; it being our intent to afford the like measure also unto the said colony, that after the government of the said colony shall once have been well framed, and settled accordingly, . . . and the same shall have been so by us declared, no orders of court afterwards shall bind the said colony, unless they be ratified in like manner in the General Assemblies.

[ocr errors]

Three towns are settled

in the Connecticut valley.

The neces

sity of established government

is recog

nized.

10. A republic established in the Connecticut wilderness 1

In June, 1636, Reverend Thomas Hooker of Newtown, (now Cambridge, Massachusetts), and his entire congregation set out on foot for the Connecticut valley, driving their cattle before them, and carrying their household goods in wagons. They founded Hartford on the Connecticut river, while near by, on the same river, other congregations from Dorchester and Watertown settled Windsor and Wethersfield. In January, 1638-1639, the three towns united themselves into a republic under an instrument known as the Fundamental Orders of Connecticut. The following are extracts from this document, called by many authorities the first written constitution in America:

. . Forasmuch as it hath pleased the Almighty God . . . so to order and dispose of things that we the inhabitants and residents of Windsor, Hartford and Wethersfield are now . . . dwelling in and upon the river of Connecticut and the lands thereunto adjoining; And well knowing that where a people are gathered together the word of God requires that to maintain the peace and union of such a people there should be an orderly and decent government,. [we] do therefore associate and conjoin ourselves to be as one public State or Commonwealth, and do, for ourselves and our successors and such as shall be adjoined to us at any time hereafter, enter into combination and confederation together, to maintain and preserve the liberty and purity of the gospel of our Lord Jesus as also the discipline of the churches. . . .

[ocr errors]
[ocr errors]

As also in our civil affairs to be guided and governed according

1 From the Fundamental Orders of Connecticut, 1638-1639.

to such laws, rules, orders and decrees as shall be made, ordered and

decreed, as follows:

ment pro

vided for.

It is ordered . . . that there shall be yearly two general assemblies Civil govern or courts, the one the second Thursday in April, the other the second Thursday in September, following. The first shall be called the Court of Election, wherein shall be yearly chosen . . . so many magistrates and other public officers as shall be found requisite. . . . Which choice shall be made by all that are admitted freemen and The have taken the oath of fidelity, and do cohabit within this jurisdic- suffrage. tion, (having been admitted inhabitants by the major part of the town wherein they live) or the major part of such as shall be then present. . . .

[ocr errors]

the

Governor.

It is ordered . . . that no person be chosen Governor above once Election of in two years, and that the Governor be always a member of some approved congregation, and formerly of the magistracy within this jurisdiction; and all the magistrates freemen of this Commonwealth; and that no magistrate or other public officer shall execute any part of his or their office before they are severally sworn. It is ordered . . . that Windsor, Hartford and Wethersfield shall Represenhave power, each town, to send . . . deputies to every General tation. Court, and whatsoever other towns shall be hereafter added to this jurisdiction, they shall send as many deputies as the Court shall think best; . . . which deputies shall have the power of the whole town to give their votes and allowance to all such laws and orders as may be for the public good, and unto which the said towns are to be bound.

...

of the General

It is ordered that every General Court (except such as through Membership neglect of the Governor and the greatest part of magistrates the freemen themselves do call) shall consist of the Governor (or some Court. one chosen to moderate the Court), and four other magistrates at least, with the major part of the deputies of the several towns legally chosen.

And in case the freemen, or major part of them, through neglect or refusal of the Governor and major part of the magistrates, shall call a court, it shall consist of the major part of the freemen that are present, or their deputies. . . .

In which said General Courts shall consist the supreme power of

« AnteriorContinuar »