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The civil government of the states, and the constitutional history of the United States online

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I DNITED STATES OP AMERICA, *



THE



CIVIL GOVERNMENT



OF THE STATES,



CONSTITUTIONAL HISTOKY



OF THE



UNITED STATES.



.J^-



By Pc^CUDMORE, Esq.,

^ Coixnsellor-at-Law,
<; ■

V Author of the '■'^ Insh Bepiiblic,^^ etc., etc.



.-fN-



SECOND EDITION. 5r

. New Toek :
for sale by p. j. kenedy, 5 barclay street.

187 5.



7^



Entered according to Act of Congress, in the year 1875.

By p. CUDMORE,

In the OflBce of the Librarian of Congress, at Washington.



DEDICATION.



TO THE MEMORY

or THE

Fathers oe the Gonstittttion of the United States op America,

AND THE

Advocates oe Libektt,
THIS volume is most eespectetjllt dedicated

BY THE

AUTHOR.



PREFACE.



The oloject of the author has been to condense into one volume the
Colonial, General, and Constitutional History of the United States.
This volume is a digest of the Avritings and speeches of the fathers
of the Constitution of the United States, eminent American and
foreign Jurists, the journals and annals of Congress, the Congressional
Globe, the General History of the United States, the Statutes of the
several States, the Statutes of the United States, the Decisions
of the Supreme Courts of the several States, the Opinions of the
Attorneys General of the United States, and the Decisions of the
Supreme Court of the United States ; of extracts from De Tocqueville, the
Madison Papers, the " Federalist," " Elliott's Debates," the writings of
Jefferson, Adams, Hamilton, and Vattel, and of extracts from Jefferson, and
other eminent authors on parliamentary law. The platforms of political
parties are also given. The chapters on Colonial History and Civil Gov-
ernment will be found, at this time especially, instructive and useful.
The author most respectfully hopes that this work will be welcomed by
the legal profession, the press, and the statesmen of America. The quota-
tions from the several authors are given in the language of the authors
themselves. Those who wish to understand the structure of the Gov-
ernment of tlie United States (State and Federal), will find this volume a
useful, reliable, and convenient manual and book of facts and reference.

The causes and consequences of the recent American Civil War are
given. The history of Land Grants, the Homestead Law, and the laws
pertaining to aliens and naturalization, will be found instructive. The
author has studiously endeavored to make tliis work a useful treatise on
our complex form of Government, including Colonial, State, Federal,
Territorial, County, Town, and Parish.

For the terms of office of Governors and Members of the State Legisla-
tures mentioned in this book, the reader is referred to the Constitutions
of the several States as thev were in 1848.



New Yoee:, July, 1S75.



THE GIYIL GOVEENMEJiT OF THE STATES,

AKD THE

CONSTITUTIOML HISTORY

OP THE

UNITED STATES.



CHAPTER I.— COLONIAL HISTORY.

The first settlement of Englishmen in North America -was attempted in
the reign of Queen Elizabeth, Her first patent was issued to Sir Humphrey
Gilbert in 1578. An abortive attempt to settle a colony in Virginia was
made by Sir Walter Raleigh, in this reign, under a transfer of Gilbert's
patent. In the year 1603, one hundred and ten years after the discovery of
the New World^ there was not an Englishman in America. In 1606, the
Spaniards had established posts in Florida, and the French had settlements
in New France, afterwards named Canada.

James I of England, who succeeded Elizabeth, by an ordinance, April 10,
1606, divided all of North America lying between 34 and 45 degrees of lat-
itude into two districts. The first district was called Southern Virginia;
and the second. Northern Virginia (Plymouth Colony) which was changed
to New England.

Southern Virginia was granted to the London company in 1607, by James
I, and Northern Virginia, (Plymouth Colony) or New England was granted
to the Plymouth company November 3,1620, composed "of forty noblemen,
knights and gentlemen, called the council," established at Plymouth, in the
county of Devon, for the planting, ruling, and governing New England in
America, with the Earl of Warwick as head of the corporation.

South Virginia extended from the pai'allel of 34 to 40 degrees, and from
the Atlantic to the Pacific. The first , settlement, under the Grant to the
London company, was made at Jamestown, Virginia, in 1607. The
management of the colony was given to Christopher Newport and Captain
John Smith. "The general superintendence of the colonies was vested in
a Council, resident in England, named by the king, and subject to all
orders and decrees under the sign manual; and the local jurisdiction was
intrusted to a Council also named by the king, and subject to his instruc-
tions which was to reside in the colonies. Under these auspices, commenced,
in 1607, the first permanent settlement in Virginia." — Moore's Int. to the
lives of Govs. Ply. & Mass. p. 9. In 1607, a new charter was granted
to the company. The colony was to be governed by a governor and coun-
cil. This was a close corporation. The aristocracy of England, at this
period of English history, had little respect for the people. Indeed the idea



6 CrVIL GOVERNMENT OF THE STATES.

of a government of the people was repugnant to the aristocracy or wealthy
classes of England. The governor was appointed by the Company. — Quack-
enbos, 73. The people of England had no idea of a Town Meeting as a
body politic or a town meeting — " where the people met in their aggregate
capacity to elect local officers." For in England, the country was divided
into counties, which were represented by Knights elected, generally, by
the land owners. There vrere also certain boroughs represented by bur-
gesses, generally, representing the mercantile interests. The idea of the
people meeting in their collective capacity, as in the Republics of
Greece, was unknown in England. — Blackstone, vol. i, pp. 159-160.
In 1619, the people of Virginia were able to obtain a voice in
the government of the colony. Virginia colony was divided into
eleven boroughs; and two members from each borough formed the
House of Burgesses, in imitation of the British House of Commons. This
assembly was the first house of representatives in America. — Quack. 76. As
the people were poor and lived in log-cabins they did not think of forming
a House of Lords. It might be here remarked that the Southern Colonies
followed the institutions and laws of old England which suited their wants
and condition. That the people of all the colonies borrowed their laws
from the English model, except the Puritans of New England, who followed
the laws of Moses — the Bible was the basis of their laws and govern-
ment. — Moore's Lives Govs. Mass. 77. And as the colonists of Virginia
were of the Churcli of England, they established parishes and maintained
the clergy with tithes as in England.

Slaves were brought to Virginia in a Dutch man-of-war. The crown of
England became jealous of the extensive powers and territory of the London
company. And at last King James I dissolved this great monopoly — this
overgrown corporation. The executive powers were in this corporation.
King Charles I recognized the authority of the Assembly of Virginia. And
as the struggle in England was between Charles and the Parliament — the
latter being Puritans, and the former of the Church of England, Virginia
took part with the king. The authorities banished all who would not use
the litui'gy of the Church of England. So Virginians, as well as the Puritans
were intolerant — both established church and state. — Quack. 101. We
see an antagonism between the South and New England when both held
slaves. In 1758, the legislature of Virginia passed an act that the people
might commute for the tobacco, in money, a tribute which had to be paid
to the ministers of the Church of England. For in the early days of the
colony tobacco was the usual currency ; for nearly all payments were made in
tobacco, as afterwards in the Western States, men had to take what was then
called "store pay," that is, an order on a store for goods. Virginia, in a
great measure, retained the old English aristocratic customs and prejudices
of caste. The land holders, as in the old country, in that age, were the
aristocracy. They were called the upper class, and the landless the lower
class. The upper class was principally attached to the crown. The
people of the South and of New England were dissimilar in politics,
religion, manners and customs — they were not of the same race. The
Virginians were the descendants of the Normans — " (7««aZt(S/*s; " and the
Puritans of the Saxons, or '■'■ Soundheads.'''' The colony of Virginia
restricted the right of suffrage to householders ; and made the English
church the state church. And it compelled attendance at the wor-
ship of this church under penalty of twenty pounds. Penal laws
were passed against Quakers and Baptists. The colonial legislature and
Governor Berkeley were the embodiment of despotism. Berkely is reported
to have said, "I thank God that there are no free schools or printing, and



CONSTITUTIONAL HISTORY OF UNITED STATES. 7

I hope that we shall not have them these hundred years ! " This was the
status of the colonial legislature of Virginia until Bacon's rebellion, in 1676,
when the old intolerant legislature was dissolved and a more liberal one
elected; The governors of the colony were appointed by the king.

The Carolinas — North Carolina.
The Carolinas were settled under the auspices of Charles II, of England;
The colony was granted, in 1663, to Edward Clarendon, Lord Albemarle,
the Earl of Shaftesbury and others. The people established a House of
Representatives. A short time after this, the colony was divided into North
and South Carolina. In 1689, North Carolina banished her proprietary
Governor. — Willard, p. 120.

South Carolina.
in 1685, the French Hu-gue-nots, or French Protestants, settled in South
Carolina. Governor Colleton was sent over from England, by the proprietors
of the colony to govern the people. He was opposed by the Assembly of
the people, and finally banished from the colony, in the reign of William
and. Mary. — Quack, p. 120. So the* people of the Carolinas, dressed in
"homespun and deer-skins," were considered the "freest of the free."
They could not yield to the despotism of the proprietary governors. They
wanted to rule themselves. They wanted a home governor.

Maryland.
(After the Queen, Henrietta Maria of France.) Maryland, though a part of
the territory granted to the London company, was granted to George Cal-
vert, Lord Baltimore, in 1632. Though a Lord, he was democratic in
principle. His son Cecil granted liberty of conscience to all men. The
first settlement of the colony was made at the village of St. Mary's. " Mary-
land was the first to proclaim universal suffrage, and to introduce the most
democratic forms into the conduct of the government." — De Tocqueville
p. 32. Maryland was settled principally by Catholic Irish who granted
liberty of conscience to all who believed in Jesus Christ. The majority of
the settlers were Irish Catholics. Maryland was a refuge for all who fled
from religious persecution from Europe, New England, and Virginia. The
people met in one assembly and voted. Every freeman had a vote without
religious or property test. The assembly was composed of members chosen
by the people. At first the legislature was composed of one house, but
afterwards of two houses. The Upper House was chosen by the proprietors,
and the Lower House by the people. The Protestants, who flocked from
persecution and took refuge in Maryland, soon obtained a majority, and
strange to say persecuted the Catholics.

Delaware.
The colony of Delaware was founded by Swedes and Fins. It was con-
quered by the Dutch; and brought under the dominion of New Nether-
lands, the name given to the Dutch colony in North America. The
colonists remained quietly under the Dutch Government and with the
Dutch passed under the dominion of England, in 1664.

»

New York.
In 1625, Peter Minuets bought the whole Island of Manhattan from the
Indians for $24. The Dutch built the city of New Amsterdam, now New
York. The Hollanders settled on Long Island, Staten Island, and New



8 CIVIL GOVERNMENT OF THE STATES.

Jersey. The colony was under the control of the borne government and
the governors of New York. The Governors of New Netherlands were
military governors; the people had no voice in this military despotism.
The will of the governor of the garrison was supreme. At length de-
puties from the I)utch villages met in Assembly, and they demanded a
government of the people. The government would not concede to their
demands. The Dutch had no idea of a town meeting. In 1664, New
Netherlands fell under the dominion of England, and it was called New
York, in honor of the Duke of York, afterwards King James II, of Eng-
land. The power of Holland ended in North America.

New Jersey.
In 1664, the region between the Hudson and the Delaware was granted to
Berkeley and Carteret, and was called New Jersey. The people established
a colonial Assembly. The early settlers were Quakers and Dutch.

Pennsylvania.
The Quakers, goaded by persecution in their native England, sought the
wilds of America, and settled in New Jersey, in 1675. The early settlers
of New Jersey were Quakers and Dutch. In 1681, William Peun obtained from
Charles II a tract of land west of the Delaware, which was called Pennsyl-
vania, or the woody land of Penn. Within this territory were settlements
of Dutch and Swedes. The siDOt where now stands the city of Philadelphia
was purchased by Penn from the Swedes. Penn also purchased the good-
will of the Indians. The people who emigrated to Pennsylvania with Penn
were Englishmen. They followed the institutions of England, so far as
they were suitable to their condition and circumstances. They divided the
colony into counties, the same as in England. Six members were chosen
annually from each county to the Assembly or Legislature. The people
were represented in the Assembly. They had no idea of a town meeting, as
a local government. All freemen had a vote who believed in God and kept
the Lord's day holy. Murder alone was punished with death. — Quackenbos
124. Penn was proprietary governor.

Georgia.
In 1732, James Oglethorpe, a member of the British Parliament, obtained
from George II a charter of the country west of the Savannah river.
Oglethorpe was the proprietary governor. In 1752, the trustees resigned
Oglethorpe's charter to the king. The Kings of England were willing
enough, at first, to grant large tracts of country to favorites with a view to
settlement. They allowed their favorites to exercise supreme authority
while the settlements contained but a few persons, who had to contend
with poverty, famine and the savages. But when the colonies became pop-
ulous and the people had money and property to be taxed, the kings became
jealous and wished to revoke the charters and take the governmenjt of the
colonies under their immediate control and authority. Moreover, they
dreaded the idea of self-government which was making such rapid strides in
the colonies. They wished to have governors over the colonies chosen by
the crown. From the moment that the Kings of England revoked or com-
pelled the colonies to surrender their charters, we may date the struggle for
independence, which increased in intensity as the colonies acquired wealth,
intelligence and population. The colonists were thrown on their own re-
sources on the wild shores of America, to contend with poverty, famine
and hostile Indians. In the stern school of adversity they learned th



CONSTITUTIONAL HISTORY OF UNITED STATES.* 9

science of self-government. While in their log-cabins, dressed in home-
spun and deer-skins, they lost respect for royalty and aristocracy. The
youth born and educated in the colonies, in the wilds of the forest, in con-
tact with the "free and independent Redmen," disdained not only the gov-
ernors sent over by England, but all manner of royalty and aristocracy.
Thus, we see that the Southern States were settled by a very different class
of Englishmen from those who settled New England,' while the inhabitants
of the Middle States of New York, New Jersey, Delaware, Pennsylvania,
and Maryland differed from both, they being made up of different nation-
alities and religions.



CHAPTER II.— NEW ENGLAND.

The first settlement of New England was made by the Puritans,
a peculiar people, who dissented from the Church of England, ^'■as
h/ law estailished,'''' in 1603, in the reign of James I, King of England.
They formed an independent congregation. They elected their
own minister. Richard Clifton and James Robinson were chosen. —
Moore's Lives Govs. Ply. and Mass. p. 13. Persecution was the order of the
times. Archbishop Banchroft and Laud, of Canterbury, persecuted the
Puritans with unrelenting severity and cruelty. Exposed to all the rigor of
English penal laics, which the British government could enforce, the Puritans
were compelled to leave their homes in their native land, and seek new homes
in foreign countries. Robinson and his congregation fled from the cruel laws
of England and took refuge in Holland, in 1609. In consequence of the war
between Spain and Holland the Puritans resolved on emigrating to i^merica,
where they would be free to retain their religion, laws, customs and language
unmolested. They considered themselves in the like situation as the Israel-
ites, and d.d not want to mix with any other people or religion. They feared
that if they should remain in Holland their people would become absorbed
in a foreign nation. — Ibid. 14. In 1617, Robert Chushman and John Carver
were sent to England to negotiate with the London company with a view
to settle in Virginia, and also to ascertain if the king would grant liberty
of conscience. Though the king promised that he would not molest them,
he refused to grant them, by public authority under the seals, liberty of
conscience. After some negotiations with the London company of Vir-
ginia a patent was obtained under the company's seal, in the name of John
Wincomb, who was to accompany the Puritans to America. — Ban-
croft, vol. i, p. 305. This patent and the proposals of a London mer-
chant, named Thomas Weston, were carried to London, in 1819, for the
consideration of the Puritan congregation. November 3, 1630, a
territory, extending from 40 to 48 degrees of North latitude
and from the Atlantic to the Pacific, was granted to a company of
forty persons, with the Earl of Warwick at its head, by James I. This
patent is the basis of all subsequent grants, patents or charters of New
England. — Moore's Govs. Ply. and Mass. 10. The company had full control
over this vast territory, subject to the authority of the king. Meantime, in
1630,Weslon went to Leyden, Holland, and the Puritans entered into an
agreement with him, that he should supply them with money and shipping
to take tliem to America. The Sj>eediDeU, commanded by Capt. Reynolds,
and the Mnyfloicer by Capt. Jones, sailed for America. Both ships had put
to sea, but the Speedwell was unfit for the voyage, and on September, 1620,



10 CIVIL GOVERNMENT OF THE STATES.

the Mayflower, with one hundred and one passengers, besides the ship's
officers and crew, sailed for America, with the intention to settle within
the jurisdiction of the Virginia Company, on the Hudson river. But they
were driven further north by the winds and perils of the sea, and by force of
necessity they landed on Plymouth Rock.

As many New England orators and public men claim that their ancestors
came over in the Mayflx)icer, we give the following for their benefit :

The names of the subscribers are placed in the following order, those
who brought wives, marked with a dagger (t), and those who died before
the end of the next March, distinguished by an asterisk (*).

1. Mr, John Carver, t - - - 8

3. Mr. William Bradford, t - - - - - - 2

3. Mr. Edward Winslow, t - . - - - - 5

4. Mr. William Brewster, t- - - - - -6

5. Mr, Isaac AUerton, t- - - - - - 6

6. Capt. Miles Standish, f- - - - - -3

7. John Alden, - ^. - -1

8. Mr. Samuel Fuller, - -..-. 3

9. * Mr. Christopher Martin, j- - - - 4

10. * Mr. William Mullins, t - - - - - - 5

11. * Mr. William White, t (1) - - - - - 5
13. Mr. Richard Warren, - - - - - -1

13. John Rowland, (2)

14. Mr. Stephen Hopkins, t- - - - - - 8

15. * Edward Tilly, t - - - - - - - 4

16. * John Tilly, f - - - - 3

17. Francis Cook, - - -.-3

18. * Thomas Rogers, - - - 2

19. * Thomas Tinker, t - - - ^ - - - 3

30. *John Ridgdale, f.-^-.-S

31. * Edward Fuller, t - - - - - - - 3

23. * John Turner, - -^^ - 3
S3, Francis Eaton, f- ^ - - - - -3

34, * James Chilton, f - - ^ - - - 3

25. *John Crackston, (3) - - - - - - 2

36. John Billington, f - . . - 4

37. * Moses Fletcher, - - - - ^ - - 1

38. * John Goodman, - - - -1

39. * Degory Priest, (4) - - - - - - - 1

30. * Thomas Williams, -. - .. 1

31. Gilbert Winslow, - - - - 1

33. * Edmund Margeson, - - - 1

33. Peter Brown, - - - - - . - 1

34. * Richard Britlerige, - - - 1

35. George Soule, (5)

36. * Richard Clarke, - - - - - . - - 1

37. Richard Gardiner, . - -.. 1

38. * John AUerton, - - - - - -1

39. * Thomas English, - - - - - - 1

40. Edward Dotey, (6) - - - - -

41. Edward Leister, (6) - - ^ - - -

Total persons - - - - . - - 101

Of whom were subscribers to the compact - - 41



CONSTITUTIONAL HISTORY OF UNITED STATES. 11

(1) Besides a son born in Cape Cod Harbor, named Peregrine.

(2) Of Governor Carver's family.

(3) Morton writes his name Craxton.

(4) In Morton, Digery Priest.

(5) Of Governor Winslow's family.

(6) Of Mr. Hopkins' family." "" i

(Moore's lives Gov. Ply. & Mass. page 26.)

The Virginia patent was useless, as they had settled without the juris-
diction of the London company, and within the limits of the Plymouth
company. They had no autliority from any government or power. They
were reduced to a state of nature and could establish a government for
themselves. They had no protection from the government of England,
but were treated as persons outside the pale of the British laws. Being
reduced to a state of nature, they were free to make laws for their own
protection and safety. They claimed the right to choose their own govern-
ment and make their own laws. — Vide Vattel's Law of Nations, Book i,
chap. 4. pp. 17, 18, 19, 20, 21, 22. Blackstone's Comm. vol. i, page 245;
1 Kent's Comm. pp. 208,209. The emigrants to New England and the
other colonies had this advantage that they had '■'• neithei' lords nor common
people, neither rich nor poor."

On the voyage one man died, and a boy, the son of Stephen Hopkins, was
born — called Oceanus. November 10, 1620, the Mayflower anchored in the
harbor of Cape Cod 42 degrees north latitude, within the territory of New
Plymouth. Here the first Englishman, Peregrine White, was born in the
colony, on board of the Mayflower^ in Cape Cod harbor, Nov. 1620. The
last survivor of those who came over in the Ilayfloicer Avas Mary Church-
man, daughter of Isaac AUerton. The Pilgrims met in the cabin of the
Mayflower and drew up articles of association. This may be called the first
convention in the United States. These articles were a constitution for the
government of the colony. At this meeting, they pledged themselves to
be governed by the rule of the majority — "to submit to such government
and governors, as we should by common consent agree to make and choose."
The Puritans were opposed to monarchy, so thought King James I in 1604,
when he said of the Puritans, "You are aiming at a Scots presbytery, which
agrees with monarchy as well as God with the devil! I will have none of
that liberty as to ceremonies." — Bancroft, vol. i, p. 298 ; Neal, ii, 52 ; Moore's
Lives Govs. Ply & Mass. p. 24, with notes. After this compact was signed,
John Carver was elected governor, by a unanimous vote, for one year. This was
the first government of the people in America, where the people made their
own laws, elected their own officers, civil, military and ecclesiastical, without
patent, grant, charter or authority from any king or power in the world.
This was establishing a democratic government in the wilds of America.
The Pui'itan clergy were elected by the congregation. The Puritans were
a joint-stock company. They mortgaged their labor to London merchants



Online LibraryP. (Patrick) CudmoreThe civil government of the states, and the constitutional history of the United States → online text (page 1 of 39)