Uwagi do wersji zaadaptowanej:
Wersja elektroniczna książki została stworzona zgodnie z art. 33 z indeksem 1 Ustawy o prawie autorskim i prawach pokrewnych.
Zostały zachowane numery stron. Numer danej strony znajduje się nad tekstem danej strony i poprzedza go skrót „p.”
Wartości wyrażone w oryginale liczbami rzymskimi w adaptacji przedstawiono cyframi arabskimi.
W adaptacji zastosowano następujące skróty:
ed. - editor eds. - editors etc. - et cetera i.e. - id est
Inc. - incorporated No. - number p. - page pp. - pages St. - saint vol. - volume co. - company
p.m. - post meridiem A.D. - Anno Domini km - kilometr
PIW - Państwowy Instytut Wydawniczy PWN - Polskie Wydawnictwo Naukowe U.S. - the United States
USA - the United States of America PhD - Doctor of Philosophy
Koniec uwag do wersji zaadaptowanej.
Cover 1
Basic American Documents Series Editor Andrzej Mania
Documents and Readings in American History. From the Colonies to the End of the Nineteenth Century
Robert Kłosowicz
Jagiellonian University Press
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Documents and Readings in American History
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Basic American Documents Series Editor Andrzej Mania
Documents and Readings in American History. From the Colonies to the End of the Nineteenh Century
Robert Kłosowicz
Jagiellonian University Press
p. 4
The publication of this volume was supported by the Jagiellonian University – CRBW funds, Faculty of International and Political Studies and Institute of American Studies and Polish Diaspora
TECHNICAL EDITOR Ewa Cebo
COVER DESIGN Paweł Bigos PROOFREADER
Dorota Bednarska TYPESETTING Wojciech Wojewoda
Copyright by Robert Kłosowicz and Jagiellonian University Press First edition, Kraków 2005
All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
ISBN-10 83-233-2262-7 ISBN-13 978-83-233-2262-7
www.wuj.pl
Wydawnictwo Uniwersytetu Jagiellońskiego Redakcja: ul. Michałowskiego 9/2, 31-126 Kraków tel. 012-631-18-81, tel./fax 012-631-18-83
Dystrybucja: ul. Wrocławska 53, 30-011 Kraków tel. 012-631-01-97, tel./fax 012-631-01-98
tel. kom. 0506-006-674, e-mail: wydaw@if.uj.edu.pl
Konto: BPH PBK SA IV/O Kraków, nr 62 1060 0076 0000 3200 0047 8769
p. 5 Contents 0.
Foreword by Professor Andrzej Mania page 9 0.1. U. S. Constitution (1787) page 11
0.2. The Bill of Rights (1791) page 18 1.
Chapter One Explorers and Colonies page 21 1.1.
The First Voyage to Virginia (1584) page 22 1.2. The Settlement of Jamestown (1607) page 25 1.3.
The Mayflower Compact (1620) page 27
1.4. The Fundamental Orders of Connecticut (1639) page 28
1.5. The Maryland Toleration Act (1649) page 30 1.6.
The Navigation Act (1660) page 33 1.7.
The Albany Plan of Union (1754) page 35 1.8.
Further Readings page 37 2.
Chapter Two Coming of the Revolution and the War of Independence page 39 2.1.
The Stamp Act (1765) page 40 2.2. The Declaratory Act (1766) page 43 2.3.
Letters from a Farmer in Pennsylvania (1767) page 44 2.4. The Boston Massacre (1770) page 48
2.5. The Boston Tea Party (1773) page 49
2.6. „Give Me Liberty or Give Me Death” (1775) page 51 2.7. Common Sense (1776) page 52
2.8.
The Declaration of Independence (1776) page 55 2.9. The Treaty of Paris (1783) page 58
2.10. Further Readings page 61 3.
Chapter Three Building the Nation page 63 3.1. The Articles of Confederation (1777) page 64 3.2. The Federalist No. 1 (1787) page 69
3.3. The Federalist No. 1 0 (1787) page 72
3.4. The Importance of Agriculture (1784) page 74 3.5. The Report on Manufactures (1791) page 75 3.6.
George Washington’s Farewell Address (1796) page 77 3.7. Amendments 11 - 12 page 83
3.8. Further Readings page 84
p. 6 4.
Chapter Four The Nation Grows page 85 4.1. T he Northwest Ordinance (1787) page 86 4.2. The Louisiana Purchase (1803) page 89 4.3. The Monroe Doctrine (1823) page 92 4.4. The Indian Removal Act (1830) page 93 4.5. Manifest Destiny ( 1845) page 95
4.6. Further Readings page 98 5.
Chapter Five A Nation Divided page 101
5.1. The Hartford Convention (1814) page 102 5.2.
The Missouri Compromise (1820) page 104 5.3. „Liberty and Union” (1830) page 105
5.4. The Ordinance of Nullification (1832) page 110 5.5. The Compromise of 1850 page 112
5.6. The Kansas-Nebraska Act (1854) page 113 5.7.
Last Speech of John Brown (1859) page 115 5.8. Further Readings page 116
6.
Chapter Six Civil War and Reconstruction page 117
6.1. Secession of South Carolina from the Federal Union (1860) page 118 6.2.
The Emancipation Proclamation (1863) page 121 6.3.
The Gettysburg Address (1863) page 123
6.4. Proclamation of Amnesty and Reconstruction (1863) page 124 6.5. Louisiana Black Codes (1865) page 126
6.6. The First Reconstruction Act (1867) page 127 6.7.
The Ku-Klux-Klan Principles (1868) page 129 6.8. Amendments 13 , 14 . 15 (1865-1870) page 131 6.9. Further Readings page 133
7.
Chapter Seven Wild West page 135 7.1.
Gold Rush (1848 page 136 7.2. Argonauts (1849) page 137 7.3. Cowboys page 140
7.4. The Pacific Railway Act (1862) page 141 7.5.
The Dawes Act (1887) page 142 7.6.
Frontier Types (1888) page 144
7.7. The Wounded Knee Massacre (1890) page 147 7.8. Further Readings page 148
8.
Chapter Eight New Manifest Destiny page 151 8.1.
Anglo-Saxon Predominance (1885) page 152 8.2. Sea Power (1890) page 154
8.3. The Frontier in American History (1893) page 155
8.4. Recognition of the Independence of Cuba (1898) page 157 8.5. The March of the Flag (1898) page 158
8.6. The Open Door Note (1899) page 162
8.7. Further Readings page 164
p. 7 9.
Chapter Nin e The Gilded Age page 167 9.1.
The Chinese Exclusion Act (1882) page 168 9.2. The Civil Service Act (1883) page 169 9.3. The New South (1886) page 171 9.4. The Gospel of Wealth (1889) page 173 9.5. The Sherman Anti-Trust Act (1890) page 176 9.6. The Populist Party Platform (1892) page 178 9.7. Plessy v ersus Ferguson (1896) page 180 9.8. Further Readings page 183
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0. Foreword
I would like to introduce to you Basic American Documents, which is a series of volumes of documents and commentaries thematically related to the USA. Scholars of the Jagiellonian University were invited to take part in this project, especially those working at the Institute of American Studies and Polish Diaspora and the Institute of Political Science and International Relations. The authors of these volumes have conducted thorough research in their particular fields, and have gained a wealth of experience thanks to lectures held first at the Center for American Studies and later within the scope of BA, MA and Ph.D. programs in American Studies at the Institute of American Studies and Polish Diaspora. Over ten years of research and university lectures devoted to various aspects of American foreign and internal policy,
economy, society, political thought, history, political and legal system, broadly
understood culture (i.e. literature, film and theater) have resulted in the preparation of this collection. We are convinced that it will become a basis for further thorough research in the field of American Studies.
It should be stressed that the main concept of this series is grounded in a European, or maybe it would be better to say, non-American, understanding of the term
„American Studies.” In this way, research of an interdisciplinary character is directed towards the most important and fundamental features of American society, culture, legal and political system, internal and foreign policy, etc. Its aim is to present possibly the broadest and most comprehensive picture of America, and to
understand this country with its dominating position in the world. It is natural that the majority of scholars and students, sometimes unintentionally, seek similarities and differences of American achievements when compared to their own culture and experience. The situation of scholars and students conducting their research in the field of American Studies in the USA is different. They are a part of the civilization under study and thus direct their research towards very specified and detailed issues.
It should be mentioned, however, that both groups concentrate on specific features of the civilization they analyze, thus complementing their achievements within the scope of American Studies. I believe that for both of these groups the series which is here presented will be useful.
Andrzej Mania
Director of the Institute of American Studies and Polish Diaspora
p. 10 Blank page
p. 11
0.1. U.S. Constitution (1787)
Preamble
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Article. 1.
Section 1.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2.
The House of Representatives shall be composed of Members chosen every second
Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every
subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3.
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the
Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
p. 12
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4.
The Times, Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Paces of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Section 5.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish
the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6.
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
p. 13 Section 7.
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days
(Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries; To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Walter;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repeal Invasions;
p. 14
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of Particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings; - And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9.
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases or Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census of Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and
Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
Section 10.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
p. 15 Article. 2.
Section 1.
The executive Power shall be vested in a President of the United States of America.
He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.
And they shall make a List of all the Persons voted for, and of the Number of Votes
for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of
Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall
devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act
accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or
Affirmation: - „I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Section 2.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
p. 16
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section 3.
He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 4.
The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
Article. 3.
Section 1.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; - to all Cases affecting Ambassadors, other public ministers and Consuls; - to all Cases of admiralty and maritime Jurisdiction; - to Controversies to which the United States shall be a Party; - to Controversies between two or more States; - between a State and Citizens of another State; - between Citizens of different States; - between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate
Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Pace or Places as the Congress may by Law have directed.
p. 17 Section 3.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Article. 4.
Section 1.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section 2.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive
Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
Section 3.
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property belonging to the United States;
and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Article. 5.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no
Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
p. 18 Article. 6.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitutions, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitutions or Laws of any state to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitutions; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Article. 7.
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the same.
Done in Convention by the Unanimous Consent of the States present the
Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the
Twelfth. In witness thereof We have hereunto subscribed our Names…
Source: Basic Readings in U.S. Democracy,
http://usinfo.state.gov/usa/infousa/facts /democrac/6.htm 0.2. The Bill of Rights (1791)
Amendment 1 (ratified 1791)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment 2 (1791)
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Amendment 3 (1791)
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
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Amendment 4 (1791)
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.
Amendment 5 (1791)
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment 6 (1791)
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Amendment 7 (1791)
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be
otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Amendment 8 (1791)
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 9 (1791)
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment 10 (1791)
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Source: Basic Readings in U.S. Democracy,
http://usinfo.state.gov/usa/infousa/facts /democrac/6.htm
p. 20 Blank page
p. 21
1. Chapter One Explorers and Colonies
The English joined the white colonists of the New World relatively late, if we do not take into consideration the expedition led by Giovanni Cabotto, who was hired by King Henry 7. For the major part of the 16th century, England, which was struggling with internal problems, did not question the colonial domination of Spain. However, as the Tudors grew in power, major social and economic changes such as
overpopulation, lack of land, and the development of companies increased their
interest in colonization. At that time the idea of colonization was widely supported by scholars and politicians who were close to the royal court. In 1584, a geographer from Oxford named Richard Hakluyt published a pamphlet called Discourse
Concerning Western Discoveries in which he explained the necessity and importance of the introduction of a consistent colonial policy. Hakluyt’s arguments fell on fertile ground, and between the years 1584-1590 a number of expeditions were organized.
The first English expedition set sail in the spring of 1584 and reached the coast of today’s North Carolina. Thanks to this, we now have precise descriptions of the
„discovered” country and its inhabitants. The first expeditions did not bring many results. Nevertheless, the experience that was gained bore fruit in the future. The first permanent colony in North America was established in 1607. It was named
Jamestown as a tribute to King James 1.
The first colony was established for economic reasons only – the enterprise was purely commercial and designed to bring easy and fast profit. The character of the Plymouth colony, settled by Puritan colonists in 1620 on today’s coast of New England, was different. The Puritans did not come with the prospect of quick
enrichment. Immigrants who arrived there had fled from oppression in Europe, which was perceived by them as a place of persecution and corruption. Because of
religious persecution, many Catholics set sail to the New World as well and
established a colony in Maryland. In order to protect their rights, the Toleration Act was created in 1649, which banned the persecution of Christians. However, the colonies were to a certain degree still dependent on the Crown and thus obliged to obey English law. Moreover, the colonies were also a part of the English economic system. Their aim was to contribute to the economic growth of Great Britain.
Therefore, a number of laws called Navigation Acts (1660) were enacted. Moreover, life in the New World was not free from external danger.
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Colonists who emigrated from Europe did not leave wars behind. In America they often faced conflicts with Indians or with troops from another colonial power in North America, i.e. France. These conflicts, along with the need to agree on common rules for a defense policy, gave ground for Benjamin Franklin's Albany Plan of Union written in 1754, which was subsequently used for the creation of the Continental Congress during the War of Independence.
1.1. The First Voyage to Virginia (1584)
The text below is an extract from a report of the expedition to the North American shores led by Captain Philip Amadas and Arthur Barlowe in 1584. The report was written by Barlowe and then sent to Sir Walter Raleigh – the favorite of Queen Elizabeth 1. Sir Raleigh organized this expedition and a number of following ones at his own expense. He obtained the privilege to establish the first English colony in North America. It was named Virginia as a tribute to Queen Elizabeth 1. The first expedition set sail in 1584, via the Canary Islands and the Caribbean to reach the shores of today's North Carolina. Reports from this expedition provide us with descriptions of the land and its inhabitants. The extract has been taken from the notes made by a geographer from Oxford named Richard Hakluyt, The Principal Navigations Voiages and Discoveries of the English Nation made by Sea over the Land to the most remote and farthest distant quarters of the earth at any time within the compass of these 1500 years, published in London in 1589. The book was written in order to stir the interest of English statesmen, especially those who were close to the Elizabethan court, in geographical expeditions and discoveries. With this book, Hakluyt gave ground for British colonization activities in the 17th century.
„The first voyage made to the coast of America, with two barks, where in Captaines M. Philip Amadas, and Arthur Barlowe, who discovered part of the Country now called Virginia 1584. Written by one of the said Captaines, and sent to sir Walter Raleigh knight, at whose charge and direction, the said voyage was set forth.
The 27 day of April, in the year of our redemption, 1584 we departed the West of England, with two barkes well furnished with men and victuals, having received our last and perfect directions by your letters, confirming the former instructions, and commandments delivered by yourself at our leaving the river of Thames. … The second of July, …we entered, though not without some difficulty, and cast anchor about three harquebuz-shot within the havens mouth, on the left hand of the same: and after thanks given to God for our safe arrival thither, we manned our boats, and went to view the land next adjoining, and to take possession of the same, in the right of the Queen’s most excellent Majesty, as rightful Queen, and Princess of the same, and after delivered the same over to your use, according to her Majesty's grant, and letters patent, under her Highness great Seal. Which being performed
according to the ceremonies used in such enterprises, we viewed the land about us being, whereas we first land, very sandy and low towards the waters side, but so full of grapes, as the very beating and surge of the Sea overflowed them. …”
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„This Island had many goodly woods full of Deer, Conies [rabbits], Hares, and Fowl, even in the midst of Summer in incredible abundance. The woods are not such as you find in Bohemia, Moscovia, or Hercynia, barren and fruitless, but the highest and reddest Cedars in the world, far bettering the Ceders of the Azores. … We remaind by the side of this Island two whole days before we saw any people of the Country:
the third day we espied one small boat rowing towards; us, having in it three persons:
this boat came to the Island side, four harquebuz-shot from our ships, and there two of the people remaining, the third came along the shoreside towards us, and we being then all within board, he walked up and down upon the point of the land next unto us: then the Master and the Pilot of the Admiral, Simon Ferdinando, and the Captain Philip Amadas, myself, and others rowed to the land, whose coming this fellow attended, never making any show of fear or doubt. And after he had spoken of many things not understood by us, we brought him with his own good liking, aboard the ships, and gave him a shirt, a hat, and some other things, and made him taste of our wine, and our meat, which he liked very well: and having viewed both barks, he departed, and went to his own boat again, which he had left in a little Cove or Creek adjoining: as soon as he was two bow shot into the water, he fell to fishing, and in less then half an hour, he had laden his boat as deep, as it could swim, … after he had (as much as he might) requited the former benefits received, departed out of our sight.
The next day there came unto us divers boats, and in one of them the Kings brother, accompanied with forty or fifty men, very handsome and goodly people, and in their behavior as mannerly and civil as any in Europe. His name was Granganimeo, and the king is called Wingina, the country Wingandacoa and now by her Majesty Virginia. …
The King is greatly obeyed, and his brothers and children reverenced: the King himself in person was at our being there, sore wounded in a fight which he had with the King of the next country. … A day or two after this, we fell to trading with them, exchanging some things that we had, for Chamoys, Buffe, and Deer skins: when we
showed him all our packet of merchandise, of all things that he saw, a bright tin dish most pleased him, which he presently took up and clapt it before his breast, and after made a hole in the brim thereof and hung it about his neck, making signs that it would defend him against his enemies arrows: for those people maintain a deadly and terrible war, with the people and King adjoining. We exchanged our tin dish for twenty skins, worth twenty Crowns, or twenty Nobles: and a copper kettle for fifty skins worth fifty Crowns. They offered us good exchange for our hatchets, and axes, and for knives, and would have given anything for swords: but we would not depart with any. After two or three days the Kings brother came aboard the ships and drank wine, and eat of our meat and of our bread, and liked exceedingly thereof: and after a few days overpassed, he brought his wife with him to the ships, his daughter and two or three children: his wife was very well favored, of mean stature and very bashful she had on her back a long cloak of leather, with the fur side next to her body, and before her a piece of the same: about her forehead she had a band of white Corall, and so had her husband many times: in her ears she had bracelets of pearls hanging down to her middle (whereof we delivered your worship a little bracelet), and those were of the bignes of good peace. The rest of her women of the better sort, had pendants of copper hanging in either ear, and some of the children of the king's brother and other noble men, have five or six in either ear: he himself had upon his head a broad plate of gold, or copper, for being unpolished we knew not what metal it should be, neither would he by any means suffer us to take it of his head, but feeling it, it would bow very easily. His apparel was as his wives, only the women wear their hair long on both sides, and the men but on one. They are of colour yellowish, and their hair black for the most part, and yet we saw children that had very fine auburn, and chestnut coloured hair. …
Their boats are made of one tree, either of Pine, or of Pitch trees: a wood not commonly known to our people, nor found growing in England. They have no edge- tools to make them withall: if they have any they are very few, and those it seems they had twenty years since, which, as those two men declared, was out of a wreak which happened upon their coast of some Christian ship, … The manner of making their boats is thus: they burn down some great tree, or take such as are wind fallen, and putting gum and rosin upon one side thereof, they set fire into it, and when it hath burnt it hollow, they cut out the coal with their shells, and everywhere they would burn it deeper or wider they lay on gums, which burn away the timber, and by this
means they fashion very fine boats, and such as will transport twenty men.”
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„Their oars are like scoops, and many times they set with long poles, as the depth serveth.
The Kings brother had great liking of our armour, a sword, and divers other things which we had: and offered to lay a great box of pearl engage for them: but we refused it for this time, because we would not make them know, that we esteemed thereof, until we had understood in what places of the country the pearl grew: which now your Worshipp doeth very well understand. …
The soil is the most plentiful, sweet, fruitful and wholesome of all the world: there are above fourteen several sweet smelling timber trees, and the most part of their
underwoods are Bays, and such like: they have those Oaks that we have, but far greater and better. After they had been divers times aboard our ships, myself, with seven more went twenty mile into the River, that runneth toward the City of Skicoak, which River they call Occam: and the evening following, we came to an Island, which they call Raonoak [Roanoke], distant from the harbour by which we entered, seven leagues: and at the North end thereof was a village of nine houses, built of Cedar, and fortified round about with sharp trees, to keep out their enemies, and the entrance into it made like a turn pike very artificially: when we came towards it, standing near unto the waters side, the wife of Granganimo, the kings brother came running out to meet us very cheerfully and friendly. …
Beyond this Island called Roanoak, are main Islands very plentiful of fruits and other natural increases, together with many towns, and villages, along the side of the continent, some bounding upon the Islands, and some stretching up further into the land. When we first had sight of this country, some thought the first land we saw to be the continent: but after we entered into the Haven, we saw before us another mighty long Sea: for there lieth along the coast a tract of Islands, two hundreth miles in length, adjoining to the Ocean sea, and between the Islands, two or three
entrances: when you are entered between them (these Islands being very narrow for the most part, as in most places six miles broad, in some places less, in few more) then there appeareth another great Sea, containing in breadth in some places, forty, and in some fifty, in some twenty miles over, before you come unto the continent:
and in this enclosed Sea there are above an hundreth Islands of divers bignesses,
whereof one is sixteen miles long, at which we were, finding it a most pleasant and]
fertile ground, replenished with goodly Cedars, and divers other sweet woods, full of Currants, of flax, and many other notable commodities, which we at that time had no leisure to view. …
Thus Sir, we have acquainted you with the particulars of our discovery made this present voyage, as far forth as the shortness of the time we there continued would afford us to take view of: and so contenting ourselves with this service at this time, which we hope hereafter to enlarge, as occasion and assistance shall be given, we resolved to leave the country, and to apply ourselves to return for England, which we did accordingly, and arrived safely in the West of England about the midst of
September.
And whereas we have above certified you of the country taken in possession by us, to her Majesty's use, and so to yours by her Majesty's grant, we thought good for the better assurance thereof, to record some of the particular Gentlemen, and men of account, who then were present, as witnesses of the same. …
We brought home also two of the Savages being lusty men, whose names were Wanchese and Manteo.”
Source: Richard Hakluyt, First Voyage to Virginia, 1584, Albert Bushnell Hart, ed., American History Told by Contemporaries, The Macmillan Company, New York 1898, vol. 1, pp. 89-95.
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1.2. The Settlement of Jamestown (1607)
In 1606, King James 1 licensed two trading companies – the London Company and the Plymouth Company giving them permission to colonize the land between the 34th and 35th parallel. In December 1606, a fleet of three ships with 144 people on board set sail from England’s shores to reach the coast of today’s Virginia. The expedition was organized by the Virginia Company of London. The company’s shareholders were expecting a notable profit in return for their investment. The profit was
supposed to come from the gold to be found in the New World, from the exploitation of other resources and from trade with Indians. Soon after arrival to the shores of Virginia near Chesapeake Bay, the newcomers, directed by the detailed instructions given by the Company, explored the area, moving a few dozen kilometers upwards along the James River (named by the settlers as a tribute to King James 1). Not until
May did they choose a suitable area which was easily accessible for ships, as well as at a safe distance from Indian settlements (Powhatan Confederacy). The fort along with a residential area and an area for agriculture were marked out. However, the colonists were not prepared for the new difficult conditions and harsh climate.
Jamestown was built on swampy ground. Furthermore, only a small number of the settlers were willing to work hard or had any experience in agriculture. Rather than farming, the colonists kept themselves busy with searching for gold. Fortunately, John Smith, one of the settlers, a traveler, soldier of fortune, and a man with
excellent organizational skills, managed to impose military discipline. Thanks to his efforts, the colony survived the most difficult period.
„The Generall Historie of Virginia, New England and the Summer Isles: Together with The True Travels, Adventures and Observations, and a Sea Grammar, (London, 1624). Book 3, The Proceedings and Accidents of the English Colony in Virginia It might well be thought, a country so fair (as Virginia is) and a people so tractable, would long ere this have been quietly possessed, to the satisfaction of the
adventurers, and the eternizing of the memory of those that effected it. But because all the world do see a failure; this following treatise shall give satisfaction to all indifferent readers, how the business has been carried: where no doubt they will easily understand and answer to their question, how it came to pass there was no better speed and success in those proceedings.
Captain Bartholomew Gosnold, one of the first movers of this plantation, having many years solicited many of his friends, but found small assistance; at last prevailed with some gentlemen, as Captain John Smith, Master Edward-Maria Wingfield, Master Robert Hunt, and divers others, who depended a year upon his projects, but nothing could be effected, till by their great charge and industry, it came to be
apprehended by certain of the nobility, gentry, and merchants, so that his Majesty by his letters patents, gave commission for establishing councils, to direct here; and to govern, and to execute there. To effect this, was spent another year, and by that, three ships were provided, one of 100 tons, another of 40 and a pinnace of 20. The transportation of the company was committed to Captain Christopher Newport, a mariner well practiced for the western parts of America. But their orders for
government were put in a box, not to be opened, nor the governors known until they arrived in Virginia.
On the 19 of December, 1606, we set sail from Blackwall, but by unprosperous winds, were kept six weeks in the sight of England; all which time, Master Hunt our preacher, was so weak and sick, that few expected his recovery.”
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„Yet although he were but twenty miles from his habitation (the time we were in the Downes) and notwithstanding the stormy weather, nor the scandalous imputations (of some few, little better than atheists, of the greatest rank among us) suggested
against him, all this could never force from him so much as a seeming desire to leave the business, but preferred the service of God, in so good a voyage, before any affection to contest with his godless foes whose disastrous designs (could they have prevailed) had even then overthrown the business, so many discontents did then arise, had he not with the water of patience, and his godly exhortations (but chiefly by his true devoted examples) quenched those flames of envy, and dissension…
The first land they made they called Cape Henry; where thirty of them recreating themselves on shore, were assaulted by five savages, who hurt two of the English very dangerously. That night was the box opened, and the orders read, in which Bartholomew Gosnol, John Smith, Edward Wingfield, Christopher Newport, John Ratliff, John Martin, and George Kendall, were named to be the council, and to choose a president among them for a year, who with the council should govern.
Matters of moment were to be examined by a jury, but determined by the major part of the council, in which the president had two voices. Until the 13 of May they sought a place to plant in; then the council was sworn, Master Wingfield was chosen
president, and an oration made, why Captain Smith was not admitted of the council as the rest.
Now falls every man to work, the council contrive the fort, the rest cut down trees to make place to pitch their tents; some provide clapboard to relade the ships, some make gardens, some nets, etc. The savages often visited us kindly. The president's overweening jealousy would admit no exercise at arms, or fortification but the boughs of trees cast together in the form of a half moon by the extraordinary pains and diligence of Captain Kendall. Newport, Smith, and twenty others, were sent to discover the head of the river: by divers small habitations they passed, in six days they arrived at a town called Powhatan, consisting of some twelve houses, pleasantly seated on a hill; before it three fertile isles, about it many of their cornfields, the place
is very pleasant, and strong by nature, of this place the Prince is called Powhatan, and his people Powhatans. To this place the river is navigable: but higher within a mile, by reason of the rocks and isles, there is not passage for a small boat, this they call the falls. The people in all parts kindly entreated them, till being returned within twenty miles of Jamestown, they gave just cause of jealousy: but had God not
blessed the discoverers otherwise than those at the fort, there had then been an end of that plantation; for at the fort, where they arrived the next day, they found 17 men hurt, and a boy slain by the savages, and had it not chanced a cross bar shot from the ships struck down a bough from a tree among them, that caused them to retire, our men had all been slain, being securely all at work, and their arms in dry fats.
Hereupon the president was contented the fort should be pallisaded, the ordnance mounted, his men armed and exercised: for many were the assaults, and
ambuscades of the savages, and our men by their disorderly straggling were often hurt, when the savages by the nimbleness of their heels well escaped. What toil we had, with so small a power to guard our workmen by day, watch all night, resist our enemies, and effect our business, to relade the ships, cut down trees, and prepare the ground to plant our corn, etc., I refer to the reader's consideration. Six weeks being spent in this manner, Captain Newport (who was hired only for our
transportation) was to return with the ships…
While the ships stayed, our allowance was somewhat bettered, by a daily proportion of biscuit, which the sailors would pilfer to sell, give, or exchange with us, for money, sassafras, furs, or love. But when they departed, there remained neither tavern, beer house, nor place of relief, but the common kettle. Had we been as free from all sins as gluttony, and drunkenness, we might have been canonized for Saints; but our president would never have been admitted, for ingrossing to his private, oatmeal, sack, oil, aquavitse, beef, eggs, or what not, but the kettle; that indeed he allowed equally to be distributed, and that was half a pint of wheat, and as much barley boiled with water for a man a day, and this having fried some 26 weeks in the ship's hold, contained as many worms as grains; so that we might truly call it rather so much bran than corn, our drink was water, our lodgings castles in the air.”
p. 27
„With this lodging and diet, our extreme toil in bearing and planting pallisades, so strained and bruised us, and our continual labor in the extremity of the heat had so
weakened us, as were cause sufficient to have made us as miserable in our native country, or any other place in the world…”
Source: National Center for Public Policy Research,
http://www.nationalcenter.org/SettlementofJamestown.html
1.3. The Mayflower Compact (1620)
The following document is related to the first English settlement initiated out of religious reasons by a group of Puritan-separatists from Scoorby in Nottingham County. In 1608 they fled to the Netherlands because of religious oppression. After 10 years, they decided to establish their own colony in the „New World” which was to be ruled according to their own wishes. The opportunity appeared when one of the separatists’ leaders – William Brewster – used his contacts with the Virginia
Company and obtained permission to settle at the mouth of the Hudson River. In September 1620, a ship called the Mayflower with 102 passengers on board set sail from Plymouth in Great Britain. After 60 days of terrible voyage on the rough ocean, the ship finally sailed into Massachusetts Bay on the 16th of December. The ship entered a territory which was not under the jurisdiction of the Virginia Company. The Puritans were not sure whether they had legal right to establish a colony. Therefore, they drew up the famous Mayflower Compact which obliged 41 of its signatories, known as the Pilgrim Fathers, to establish a sort of „civil government.” This document was a substitute for the formal royal charter. The compact was in force until Plymouth joined the colony of Massachusetts in 1691. The Mayflower Compact was based on the idea of a social contract which would ensure that new laws enacted in the future would be respected. This act is considered to be the oldest document of American democracy.
„IN THE NAME OF GOD, AMEN. We, whose names are underwritten, 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, and c. Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour 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 one another, covenant and combine ourselves together into a civil Body Polltick, for our
better Ordering and Preservation, and Furtherance of the Ends aforesaid: And by Virtue hereof do enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions, and Officers, 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 Domini; 1620.”
Source: The Avalon Project,
http://www.yale.edu/lawweb/avalon/amerdoc/mayflower. htm
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1.4. The Fundamental Orders of Connecticut (1639)
In 1635, a group of 60 people left the colony in Massachusetts and headed south to establish the town of Harford on the Connecticut River. The group was led by
Thomas Hooker, a Puritan pastor from Newton who had protested against the limitation of voting rights, and hence faced conflict with the authorities of Massachusetts. In 1639, Harford united with other neighboring villages and confirmed its independence in a document entitled Fundamental Orders of
Connecticut. The fundamental rights of the new colony were defined, and even its system of government was established. Connecticut did not require church
membership as a primary condition to claim the right to vote, thus a larger number of citizens could take part in the elections. The Fundamental Orders remained in force until 1662, when they were replaced by the Royal Charter which, however, was in many respects modeled on the earlier document.
„Fundamental Orders of Connecticut, January 14, 1639
For as much as it hath pleased Almighty God by the wise disposition of his divine providence so to order and dispose of things that we the Inhabitants and Residents of Windsor, Hartford and Wethersfield are now cohabiting and dwelling in and upon the River of Connectecotte and the lands thereunto adjoining; and well knowing 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 established according to God, to order and dispose of the affairs of the people at all seasons as occasion shall require; 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 which we now profess, as also, the discipline of the Churches, which according to the truth of the said Gospel is now practiced amongst us; as also in our civil affairs to be guided and governed according to such Laws, Rules, Orders and Decrees as shall be made, ordered, and decreed as followeth:
1. It is Ordered, sentenced, and decreed, that there shall be yearly two General Assemblies 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 from time to time, so many Magistrates and other public Officers as shall be found requisite: Whereof one to be chosen Governor for the year ensuing and until another be chosen, and no other Magistrate to be chosen for more than one year: provided always there be six chosen besides the Governor, which being chosen and sworn according to an Oath recorded for that purpose, shall have the power to administer justice according to the Laws here established, and for want thereof, according to the Rule of the Word of God; which choice shall be made by all that are admitted freemen and have taken the Oath of Fidelity, and do cohabit within this Jurisdiction 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.
4. It is Ordered, sentenced, and decreed, that no person be chosen Governor above once in two years, and that the Governor be always a member of some approved Congregation, and formerly of the Magistracy within this Jurisdiction; and that 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, which shall be done in the face of the court if they be present, and in case of absence by some deputed for that purpose.”
p. 29
„5. It is Ordered, sentenced, and decreed, that to the aforesaid Court of Election the several Towns shall send their deputies, and when the Elections are ended they may
