Telephones? Wireless? Forests?

Water power plants? Coal

mines? Banks? Insurance companies?

3. Do you think your county should establish a jitney bus system? What would be the advantages of such a system?

4. Do you think your town should install a water system? Electric power system? Gas system? Jitney bus system?

5. Do you think your city should establish an ice plant? Heating plant?

6. There was no great need of laws governing copyrights until long after the printing press began its work. The invention of the steam engine created a need for what character of laws?

mobile? The moving pictures?

The auto

C

CHAPTER III

ORIGIN OF THE FEDERAL CONSTITUTION

16. Colonial Government. In the year 1607 the first permanent English settlement in America was made at Jamestown, Virginia, by colonists whom a commercial corporation, known as The London Company, sent out from England. The Company placed a council with a president over the colof nists until 1609, when a governor replaced the president. In f 1619 the Company permitted the addition of a general assembly composed of burgesses1 elected by the inhabitants of each settlement.

f

f This assembly, the first representative legislature that ever f sat in America, met on the 30th day of July, 1619, in the chancel of the church at Jamestown. In 1624 the London Company surrendered its charter, and henceforth Virginia was (known as a Royal Colony until it declared itself independent f of England in the year 1776. The other twelve colonies were established in various ways and from time to time enjoyed different rights or degrees of self-government. According to the mode of government the colonies were divided into three classes: Royal, Proprietary, and Charter.

The Royal Colonies. At the time of the Revolution, 1776, there were seven Royal colonies: New Hampshire, New York,

1 The term "burgesses" was used because it was expected that the settlements would develop into boroughs (towns). After 1634 the "burgesses represented counties, and in 1776 the name was changed to "assemblymen." Virginia called its colonial representatives "House of Burgesses"; South Carolina, "House of Commons"; Massachusetts, "House of Representatives."

cf

f

New Jersey, Virginia, North Carolina, South Carolina, and Georgia. For each of these colonies a governor and a council, "upper house," were appointed by the King, and a popular assembly, "lower house," was elected by the people. The governor in conjunction with his council and assembly ruled the colony in conformity with written instructions issued from time to time by the Crown. There was no written charter be tween the colony and the King, nevertheless various concessions that the Crown made to the people and the customary mode of government formed a traditionary charter or constitution.

The Proprietary Colonies. In 1776 there were three Proprietary colonies: Pennsylvania, Delaware, and Maryland. These colonies got their name, "Proprietary," from the term proprietor, which was applied to a "petty king" to whom the King of England had granted the land. For each of these colonies a governor and a council were appointed by the proprietor and a popular assembly was elected by the people. Hence we may think of a Proprietary colony as very similar to a Royal colony, the only material difference being that the proprietor, or "petty king," was obliged to concede more rights and privileges to the people than the King would grant. As in the case of the Royal colonies, the concessions and precedents of government formed a traditionary charter or constitution.

The Charter Colonies. - In 1776 there were three Charter colonies: Massachusetts, Rhode Island, and Connecticut. Unlike the other two classes of colonies, a real charter existed f between each of these colonies and the King. This charter was a written document outlining certain rights of self-government which could be withdrawn by the King at any time he f saw fit to do so. In each of these colonies, except Massachusetts, the governor was elected by the people; in each the council was elected by the assembly; and in each the assembly was elected by the people. The charters of Connecticut and Rhode Island were so liberal that by substituting the word “people” for “King” these colonial charters served as State constitutions until 1818 and 1842 respectively.

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17. Legislative Powers. In all of the colonies, except Pennsylvania where the council had no legislative power, there were two branches of the legislature and a governor with the power of vetoing measures passed by the two branches. Legislation was enacted on purely colonial affairs. In matters of general interest to the whole British Kingdom the British Parliament or the King exercised control. It was often a disputed question whether a particular affair was purely colonial or a matter of

general interest to the whole Kingdom; and the question whether or not a stamp tax to support a standing army in America was a tax which the British Parliament had a right to impose upon the colonies was decided only by the Revolutionary War.

18. Continental Con- In 1774 the

gresses.

f Virginia House of Burgesses issued an invitation to all of these colonial assemblies, calling a meeting of delegates at Philadelphia to consider what could be done to meet their common grievances. This Congress, in which all the colonies except Georgia were represented, is known as the First Continental Congress. It adopted a declaration of rights and grievances to be presented to the King, and adjourned.

In 1775, after the battle of Lexington, the Second Continental Congress met at Philadelphia, with representatives from all thirteen colonies. Schouler, the great historian, has concisely described the work performed by this body in the following

words: "The Continental Congress . . . with its periodical sessions and frequent changes of membership bore for fifteen years the symbols of federal power in America; which, as a single house of deputies acting by colonies or States, and blending with legislative authority imperfect executive and judicial functions, raised armies, laid taxes, contracted a common debt, negotiated foreign treaties, made war and peace; which, in the name and with the assured warrant of the thirteen colonies, declared their independence of Great Britain, and by God's blessing accomplished it; which, having framed and promulgated a plan of general confederation, persuaded these same thirteen republics to adopt it."

19. The Articles of Confederation. The authority for the acts of the Second Continental Congress rested upon no definite grant of powers by the colonies, but was assumed by it to meet the crisis of war. However, a plan of perpetual league and a statement of the powers which the Continental Congress might exercise was framed and proclaimed by the Second Continental Congress in 1777.

This scheme of union was set forth in a paper termed "The Articles of Confederation." These articles did not go into effect until 1781 because it was necessary for them to be ratified by all the States of the Confederation before they could become the law of the land, and it was not until that year that the ratification of Maryland was secured.

These articles provided that each State should be represented ← in this Confederate (Continental) Congress by not less than two nor more than seven members, to be elected annually and to be subject to recall by the legislatures of the respective States; but each State should have only one vote. This body had power to declare war, enter into certain treaties and alliances with foreign nations, borrow money, coin money, establish post offices, regulate the affairs of all Indians not members of the States, together with a few less important duties.

The expenses of this government were to be paid by taxes raised through the respective State legislatures, the amount to