American ideas about government… New and old ideas develop and come together Unit 1 Lesson 5

Lesson objectives Explain America’s traditions of constitutional government Explain why American colonists attached special importance to such constitutional principles as written guarantees of basic rights and representative government. Evaluate, take and defend positions on the differences between life in colonial America and England during the same period.

Colonial Settlement England wanted to develop a profitable maritime empire In order to get settlers to go to America, incentives were offered Royal Proprietorships Proprietors were often friends to the king Proprietors had to find ways to get settlers to come to their province that they were given by the Crown. 11 of 13 colonies were founded as proprietorships William Penn of “Penn”sylavania is the best known Joint-stock Companies Business ventures Given certain areas along the East Coast Each needed enough people to start a colony Virginia Company of London was the first with Jamestown 1607

Colonial settlement was not easy 1620, after a 7 week voyage, travelers to Virginia were to set up a colony and government They arrived at Cape Cod at what is now Massachusetts Established the governmental agreement document on the ship Mayflower Compact Was an early example of the Social Contract Theory in practice In order to get settlers to go to America, incentives were offered

What was unique about this American experience Arriving in an undeveloped land Land was cheap Especially in New York, Pennsylvania, Virginia and the Carolinas Labor was scarce Indentured servants Looked forward to serving and then buying land themselves Sold their labor for the cost of the voyage over to the colonies Non –indentured servants and free labors earned higher wages in America People were able to achieve prosperity, some did fail Colonists did not carry over land laws from Britain Wealth and family name meant little –work to survive Working to improve one’s lot in life became a fundamental in America Benjamin Franklin Thomas Paine Alexander Hamilton

Rights in Colonies Charter: written document from a government/ruler granting certain rights Virginia Rights: enjoy all liberties, franchises and immunities as if living in or born in Britain Similar rights in Massachusetts, Maryland and other colonies All coming from and echoing ideas originating in the Magna Carta The tradition of expressing rights in writing continued Massachusetts Body of Liberties Protected against any abuse by a judge or magistrate of the colony Protected against: man being “arrested, restrayned [sic], banished nor anywayes [sic] punished…unleass by vertue [sic], of some express laws of the country warranting the same.” America’s first bill of rights

rights of colonial Charters—Part II Massachusetts Body of Liberties…cont.. Guaranteed Free elections Right of trial by jury Free men to own property Limited Government taking property without just compensation Forcing witnesses to testify against themselves Cruel and unusual punishment Suffrage: right to vote Gave protections to those who could not vote Right of petition for redress of grievances Pennsylvania Probable Cause Trial by jury of peers No taxation without representation FIRST to protect rights of conscience

Who didn’t benefit from these rights? Women: Right to vote belonged to Protestant White men No political rights Could not own property Lost most of their legal identity to husbands: Legal doctrine coverture: “Husband and wife are one person…the very being or legal existence of the woman is suspended during the marriage.” Immigrants ½ to 1/3 were indentured servants Bound for a few years to decades Indentured servants had a low status close to slaves until their time of indenture ended Native Americans Treated as foreign entities Removed from lands when necessary for expansion or dealt with through treaties Slaves Slaves were denied basic human rights By 1760 20% of population were African American Slaves

Basic ideas of constitutional Government Structure of colonial governments Governor Council of 3-30 landowners – advisors to the governor; may have served as court Assembly selected by people to weigh in on matters such as taxation Beyond these measures little governmental direction was given Allowed for development of self-government Innovative governmental structures Colonial constitutions established the preference for written constitutions Some constitutions were successful others were not

Developing constitutional principles Fundamental rights Understood them in the Englishman’s frame work Began to shape life, liberty, property from natural rights theory Rule of Law Government that created the laws were responsible to enforce them and to obey them Representative Government Important to new settlers Protection from governors who might violate people’s rights No taxation without representation SEPARATION OF POWERS legislative Governors (Executive) Courts (judicial) Bicameral: Two houses: Upper- appointed by governor or elected by wealthy citizens. Lower: Elected by all men in colony who owned property. Except Pennsylvania: Unicameral: one House Legislative were strongest in colonies. Responsible for carrying out and enforcing laws. Wanted to ensure colonies were governed consistent with British Law Most were chosen by Crown ~ except Connecticut and Rhode Island. They elected their governors. Administered local justice; presided over trials. Required to follow strict rules of procedure Some colonies created a two-tiered system of trial and appeals.

Colonies more representative than Britain Life/ liberty/property Property requirement Competitions for office This belief depended on property ownership and defense of property Government was supposed to protect private property Reason why property is linked to suffrage 50 acre requirement Land was easy to acquire Voting base was larger than in England Choice of candidates running for office Served shorter terms in office compared to Parliament Required to live in district they represented -- not true in Britain where they knew little of constituents