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10. Trial by Jury.—Trial by jury was early adopted in all the New England colonies except New Haven. That colony, it was said, could find no authority for this form of trial in the Old Testament. In view of the difficulties encountered by juries in their attempts to reach unanimity where the law was indefinite, it was provided that after continued failure to agree, and after a conference with the court, "a majority of the jury should decide the issue; and, if they were equally divided, it should be determined by the sitting magistrates." In capital offenses special juries were summoned, and a unanimous verdict of guilt was required for conviction. Juries were employed in both the county court and the Court of Assistants, except in cases involving less than forty shillings. These cases were tried by the judges alone.

Topics.-Adoption of trial by jury.-Majority decisions.Special juries.-Where and when not employed.

References.-Hinsdale, American Government, 45, 46; Fiske, Civil Government, 20, 21, 186.

FOR ADVANCED STUDY

Origin of Local Government in the Colonies.-Fiske, Civil Government, 16–21, 35-41, 57-77; American Political Ideas, 31-53; Doyle, English in America, iii, 10-17; Hosmer, AngloSaxon Freedom, 118–121.

The Government of Virginia, 1606-25.-Preston, Documents, 1-35; Lodge, English Colonies, 1-12; Fiske, Old Virginia, i, 177-188, 191-194; ii, 9-18, 23-30, 34, 35, 174-181, 203-218; Doyle, English in America, i, 101–184; Hart, Contemporaries, i, 218– 225; Hosmer, Anglo-Saxon Freedom, 122-125; Thwaites, Colonies, 96-98, 100-104, 106-109.

The Governor and Company of Massachusetts Bay. -MacDonald, Select Charters, 37-42; Preston, Documents, 36–61; Ellis, Puritan Age and Rule, Chap. VII; Fiske, The Beginnings of

New England, 92-104; Fiske, Civil Government, 146-148; Winsor, Boston, i, 151–159; Palfrey, History of New England, i, 283-329; Doyle, The English in America, ii, Chap. III; Hart, Contemporaries, i, 366–382.

The Union of Church and State in New England.Walker, History of the Congregational Church in the United States, Chaps. III-VI; Ellis, Puritan Age and Rule, Chap. VI; Fiske, Beginnings, 108, 109, 247-252; Palfrey, History of New England, i, 344-348, 383-389; Hart, Contemporaries, i, 330-333, 393–396; Lauer, Church and State in New England (Johns Hopkins University Studies); Winsor, Boston, i, 148-155; Doyle, The English in America, ii, 146-148.

Massachusetts as a Royal Province.-MacDonald, Select Charters, i, 205–212; Doyle, English in America, iii, 339–358, 372383; Hutchinson, History of the Colony of Massachusetts, i, 372–387; Fiske, Beginnings, 271-278; Fisher, The Colonial Era, 218-225.

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The Development of Religious Freedom in New England. Arnold, History of Rhode Island, i, Chap. I-IV; Ellis, Puritan Age and Rule, Chap. VIII; Walker, History of the Congregational Church, 129-136; Fiske, Beginnings, 114-116; Hart, Contemporaries, i, 402-406; Schaff, Progress of Religious Freedom, 80.

The Beginnings of Popular Government in Connecticut.-Hart, Contemporaries, 415-422; MacDonald, Select Charters, i, 60-65; Preston, Documents, 78–84; Old South Leaflets, 8; Johnston, Connecticut, 56-64; Fiske, Civil Government, 155-208; Fiske, Beginnings, 127, 128, 135, 136; Levermore, The Republic of New Haven, 23.

The Government of New Netherlands.-O'Callaghan, History of New Netherlands, ii, Book VI, Chap. VIII; Fiske, Dutch and Quaker Colonies, i, 131-140, 162-201; Lodge, English Colonies, 286-292; Thwaites, Colonies, 198-202; Drake, Making Virginia, 123-138; Hart, Contemporaries, i, 529-537; Schuyler, Colonial New York, i, 11-26; MacDonald, Select Charters, i, 43-50.

The Beginnings of Government in Pennsylvania. MacDonald, Select Charters, i, 183, 192-199; Fiske, Dutch and Quaker Colonies, ii, 114-118, 140-166, 316, 317; Hinsdale, Old Northwest, 98-103; Fiske, Civil Government, 151; Hart, Contemporaries, i, 554-558; Gordon, History of Pennsylvania, Chaps. III-IX;

Sharpless, Two Centuries of Pennsylvania History, Chaps. I-VI; Sharpless, A Quaker Experiment in Government, Chaps. II-VIII.

Lord Baltimore and the Charter of Maryland.—Preston, Documents, 63-77; MacDonald, Select Charters, i, 53-59; W. H. Browne, Maryland, Chap. II; Fiske, Old Virginia, i, 256-281; Doyle, The English in America, i, 195, 277-281; Lodge, English Colonies, 93-100; Drake, The Making of Virginia, 66-79; Eggleston, The Beginners of a Nation, 234–239.

Religious Toleration in Maryland.-MacDonald, Select Charters, i, 104-106; Hart, Contemporaries, i, 291-294; W. H. Browne, Maryland, 57-89; Fiske, Old Virginia, i, 301-318; Doyle, The English in America, i, 275-313; Hart, Contemporaries, i, 262–267.

The Early Decades of Government in the Carolinas. -MacDonald, Select Charters, i, 120-125, 149-168; McCrady, History of South Carolina, i, Chaps. I-V; Doyle, English in America, i, 328-380; Fiske, Old Virginia, ii, 270-337; Hart, Contemporaries, i, 275-280.

Oglethorpe's Rule in Georgia.-MacDonald, Select Charters, i, 235-248; Bancroft, United States, ii, 281-299; Winsor, America, v, Chap. VI; Fisher, The Colonial Era, 303-312; Hart, Contemporaries, ii, 110-126.

Taxation in the Colonies.-Lecky, History of England, i, 360; iii, 344, 345; Morley, Walpole, 167–169; Annual Register, 1765, 25; Bancroft, History of the United States, iii, 97-101, 114, 119, 176186, 202, 208-210; Larned, History of the United States, 127-132, 144, 164, 177.

CHAPTER II

AND INDEPENDENCE

UNION AND

II. The New England Confederacy of 1643.-It is possible that different groups of colonies may have had different preferences concerning forms of government. Nevertheless, they were all of one mind respecting the desirability of local self-government; and in the course of time they were all moved by the desire for union. Before the end of the seventeenth century many persons had entertained the thought that the colonies ought to be joined together in a common bond of unity and peace. In the first union contemplated, it was proposed to unite the colonies of similar theological views. The union known as the New England Confederacy of 1643 embraced the colonies of Massachusetts, Connecticut, New Haven, and Plymouth -in all, twenty-four thousand inhabitants. The central power in this confederacy was vested in a body of eight commissioners, two from each colony, who should meet once a year. The aim of the union was to provide concerted action for self-defense and for the advancement of the common welfare. The power to impose taxes remained with the governments of the several colonies; with them remained also the executive power. The body of the commissioners could only advise the colonial governments and recommend measures.

Topics.-Points regarding which the colonies were in agreement. First union contemplated.-Colonies embraced in first union effected.-Organization of this union.-Purpose and powers.

References.-Fiske, Civil Government, 210; Hart, Actual Government, 48; Macy, Our Government, 36; Frothingham, Rise of the Republic, 29-66.

12. Steps toward a General Congress.-The first call for a general congress of the English colonies of America was made by the general court of Massachusetts. It was dated March 19, 1690. The following is a copy of the original order:

"Their majesty's subjects in these northern plantations of America, having of late been invaded by the French and Indians, and many of them barbarously murdered and are in great danger of further mischiefs: For the prevention whereof, it is by this court thought necessary that letters be written to the several governors of the neighboring colonies, desiring them to appoint commissioners to meet at New York on the last Monday of April next, then to advise and conclude on suitable methods in assisting each other for the safety of the whole land. And that the governor of New York be desired to signify the same to Virginia, Maryland, and parts adjacent."1

Each colony invited sent a cordial reply, but the circumstances of some of them did not permit them to be represented at the meeting. Commissioners of four colonies convened at New York. Maryland promised to coöperate in the undertaking; and the five colonies agreed to raise eight hundred and fifty-five men to subdue the French and Indian enemies. The quota of each colony was as follows: New York, 400; Massachusetts, 160; Plymouth, 60; Connecticut, 135; Maryland, 100.

This undertaking had its principal significance not in the results of the expedition against Canada, but in its suggestions as to possible achievements through union.

1

The

Quoted by Frothingham from Massachusetts Archives, xxxv, 321.

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