Tuesday, July 3, 2018

Emergence of Colonial Government

Emergence of Colonial Government


In the early phases of colonial development, a striking feature was the lack of controlling influence by the English government. All colonies except Georgia emerged as companies of shareholders, or as feudal proprietorships stemming from charters granted by the Crown. The fact that the king had transferred his immediate sovereignty over the New World settlements to stock companies & proprietors did not, of course, mean that the colonists in America were necessarily free of outside control. Under the terms of the Virginia Company charter, for example, full governmental authority was vested in the company itself. Nevertheless, the crown expected that the company would be resident in England. Inhabitants of Virginia, then, would have no more voice in their government than if the king himself had retained absolute rule.

Still, the colonies considered themselves chiefly as commonwealths or states, much like England itself, having only a loose association with the authorities in London. In one way or another, exclusive rule from the outside withered away.  The colonists – inheritors of the long English tradition of the struggle for political liberty – incorporated concepts of freedom into Virginia's first charter. It provided that English colonists were to exercise all liberties, franchises, & immunities "as if they had been abiding & born within this our Realm of England." They were, then, to enjoy the benefits of the Magna Carta – the charter of English political & civil liberties granted by King John in 1215 – & the common law – the English system of law based on legal precedents or tradition, not statutory law.  In 1618 the Virginia Company issued instructions to its appointed governor providing that free inhabitants of the plantations should elect representatives to join with the governor & an appointive council in passing ordinances for the welfare of the colony.

These measures proved to be some of the most far‑reaching in the entire colonial period. From then on, it was generally accepted that the colonists had a right to participate in their own government. In most instances, the king, in making future grants, provided in the charter that the free men of the colony should have a voice in legislation affecting them. Thus, charters awarded to the Calverts in Maryland, William Penn in Pennsylvania, the proprietors in North & South Carolina, & the proprietors in New Jersey specified that legislation should be enacted with "the consent of the freemen."

In New England, for many years, there was even more complete self-government than in the other colonies. Aboard the Mayflower, the Pilgrims adopted an instrument for government called the "Mayflower Compact," to "combine ourselves together into a civil body politic for our better ordering & preservation ... & by virtue hereof [to] enact, constitute, & frame such just & equal laws, ordinances, acts, constitutions, & offices ... as shall be thought most meet & convenient for the general good of the colony. ..."

Although there was no legal basis for the Pilgrims to establish a system of self-government, the action was not contested, and, under the compact, the Plymouth settlers were able for many years to conduct their own affairs without outside interference.

A similar situation developed in the Massachusetts Bay Company, which had been given the right to govern itself. Thus, full authority rested in the hands of persons residing in the colony. At first, the dozen or so original members of the company who had come to America attempted to rule autocratically. But the other colonists soon demanded a voice in public affairs & indicated that refusal would lead to a mass migration.

The company members yielded, & control of the government passed to elected representatives. Subsequently, other New England colonies – such as Connecticut & Rhode Island – also succeeded in becoming self-governing simply by asserting that they were beyond any governmental authority, & then setting up their own political system modeled after that of the Pilgrims at Plymouth.

In only two cases was the self-government provision omitted. These were New York, which was granted to Charles II's brother, the Duke of York (later to become King James II), & Georgia, which was granted to a group of "trustees." In both instances the provisions for governance were short‑lived, for the colonists demanded legislative representation so insistently that the authorities soon yielded.

In the mid-17th century, the English were too distracted by their Civil War (1642-1649) & Oliver Cromwell's Puritan Commonwealth to pursue an effective colonial policy. After the restoration of Charles II & the Stuart dynasty in 1660, England had more opportunity to attend to colonial administration. Even then, however, it was inefficient & lacked a coherent plan.  The colonies were left largely to their own devices.

The remoteness afforded by a vast ocean also made control of the colonies difficult. Added to this was the character of life itself in early America.  From countries limited in space & dotted with populous towns, the settlers had come to a land of seemingly unending reach. On such a continent, natural conditions promoted a tough individualism, as people became used to making their own decisions. Government penetrated the backcountry only slowly, & conditions of anarchy often prevailed on the frontier.

Yet the assumption of self-government in the colonies did not go entirely unchallenged. In the 1670s, the Lords of Trade & Plantations, a royal committee established to enforce the mercantile system in the colonies, moved to annul the Massachusetts Bay charter because the colony was resisting the government's economic policy. James II in 1685 approved a proposal to create a Dominion of New England & place colonies south through New Jersey under its jurisdiction, thereby tightening the Crown's control over the whole region. A royal governor, Sir Edmund Andros, levied taxes by executive order, implemented a number of other harsh measures, & jailed those who resisted.

When news of the Glorious Revolution (1688-1689), which deposed James II in England, reached Boston, the population rebelled & imprisoned Andros. Under a new charter, Massachusetts & Plymouth were united for the first time in 1691 as the royal colony of Massachusetts Bay. The other New England colonies quickly reinstalled their previous governments.

The English Bill of Rights & the Toleration Act of 1689 affirmed freedom of worship for Christians in the colonies as well as in England & enforced limits on the Crown. Equally important, John Locke's Second Treatise on Government (1690), the Glorious Revolution's major theoretical justification, set forth a theory of government based not on divine right but on contract.  It contended that the people, endowed with natural rights of life, liberty, & property, had the right to rebel when governments violated their rights.

By the early 18th century, almost all the colonies had been brought under the direct jurisdiction of the British Crown, but under the rules established by the Glorious Revolution.   Colonial governors sought to exercise powers that the king had lost in England, but the colonial assemblies, aware of events there, attempted to assert their "rights" & "liberties."  Their leverage rested on two significant powers similar to those held by the English Parliament: the right to vote on taxes & expenditures, & the right to initiate legislation rather than merely react to proposals of the governor.

The legislatures used these rights to check the power of royal governors & to pass other measures to expand their power & influence. The recurring clashes between governor & assembly made colonial politics tumultuous & worked increasingly to awaken the colonists to the divergence between American & English interests. In many cases, the royal authorities did not understand the importance of what the colonial assemblies were doing & simply neglected them.  Nonetheless, the precedents & principles established in the conflicts between assemblies & governors eventually became part of the unwritten "constitution" of the colonies.  In this way, the colonial legislatures asserted the right of self-government.