Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/64

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
24
HISTORY OF THE COLONIES.
[BOOK I.

truders, and to lay a limited duty upon all persons trafficking with the colony; and a prohibition was imposed upon all the colonists against trafficking with foreign countries under the pretence of a trade from the mother country to the colonies.[1]

§ 44. The royal authority soon found a gratifying employment in drawing up and establishing a code of fundamental regulations for these colonies, in pursuance of the power reserved in the charter. A superintending council was created in England. The legislative and executive powers were vested in the president and councils of the colonies; but their ordinances were not to touch life nor limb, and were in substance to conform to the laws of England, and were to continue in force only until made void by the crown, or the council in England. Persons committing high offences were to be sent to England for punishment; and subordinate offences were to be punished at the discretion of the president and council. Allegiance to the crown was strictly insisted on; and the Church of England established.[2] The royal authority was in all respects made paramount; and the value of political liberty was totally overlooked, or deliberately disregarded.

§ 45. The charter of the first or Virginia colony was successively altered in 1609 and 1612,[3] without any important change in its substantial provisions, as to the civil or political rights of the colonists. It is surprising, indeed, that charters securing such vast powers to the crown, and such entire dependence on the part of the emigrants, should have found any favour in the eyes
  1. 1 Haz. Coll. 50; Marsh. Colon. 26.
  2. Marsh. Colon. 27, 28.
  3. 1 Haz. Coll. 58, 72; Marsh. Colon. 44, 45, 47; Robertson's America, B. 9.