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 defence, 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 III.
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.

TITLE:    First Charter Of Virginia
DATE:    1606
SOURCE:    Harvard Classics (1910) Vol.43, Pg.51
[This charter, granted by King James I on April 10, 1606, to the oldest of the English colonies in America, is a typical example of the documents issued by the British government, authorizing "Adventurers" to establish plantations in the New world. The name "Virginia" was at that time applied to all that part of North America claimed by Great Britain.]
King, First Charter Of Virginia, Harvard Classics (1910), Vol.43, p.51
I. JAMES, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c.

King, First Charter Of Virginia, Harvard Classics (1910), Vol.43, p.52
III. We, greatly commending, and graciously accepting of, their Desires for the Furtherance of so noble a Work, which may, by the Providence of Almighty God, hereafter tend to the Glory of his Divine Majesty, in propagating of Christian Religion to such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and Worship of God, and may in time bring the Infidels and Savages, living in those Parts, to human Civility, and to a settled and quiet Government; DO, by these our Letters Patents, graciously accept of, and agree to, their humble and well-intended Desires;

King, First Charter Of Virginia, Harvard Classics (1910), Vol.43, p.54 - p.55
VII. And we do also ordain, establish, and agree, for Us, our Heirs, and Successors, that each of the said Colonies shall have a Council, which shall govern and order all Matters and Causes, which shall arise, grow, or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instructions, as shall be, in that behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy Seal of our Realm of England; Each of which Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, according as shall be directed, and comprised in the same instructions; And shall have a several Seal, for all Matters that shall pass or concern the same several Councils; Each of which Seals shall have the King's Arms engraven on the one Side thereof, and his Portraiture on the other And that the Seal for the Council of the said first Colony shall have engraven round about, on the one side, these Words; Sigillum Regis Magnae Britanniae, Franciae, & Hiberniae; on the other Side this Inscription, round about; Pro Concilio primae Coloniae Virginiae. And the seal for the Council of the said second Colony shall also have engraven, round about the one Side thereof, the aforesaid Words; Sigillum Regis Magnae, Britanniae, Franciae, & Hiberniae; and on the other Side; Pro Concilio secundae Coloniae Virginiae:

King, First Charter Of Virginia, Harvard Classics (1910), Vol.43, p.60
XX. All which Lands, Tenements, and Hereditaments, so to be passed by the said several Letters-patent, shall be sufficient Assurance from the said Patentees, so distributed and divided amongst the Undertakers for the Plantation of the said several Colonies, and such as shall make their Plantations in either of the said several Colonies, in such Manner and Form, and for such Estates, as shall be ordered and set down by the Council of the said Colony, or the most Part of them, respectively, within which the same Lands, Tenements, and Hereditaments shall lye or be; Although express Mention of the true yearly Value or Certainty of the Premises, or any of them, or of any other Gifts or Grants, by Us or any of our Progenitors or Predecessors, to the aforesaid Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, or any of them, heretofore made, in these Presents, is not made; Or any Statute, Act, Ordinance, or Provision, Proclamation, or Restraint, to the contrary hereof had, made, ordained, or any other Thing, Cause, or Matter whatsoever, in any wise notwithstanding. In Witness whereof we have caused these our Letters to be made Patents; Witness Ourself at Westminster, the tenth Day of April, in the fourth Year of our Reign of England, France, and Ireland, and of Scotland the nine and thirtieth.

William Jackman, History of the American Nation, Vol.1, p.136 - p.137
Governor Yeardley was "commissioned by the company" to grant the people the right to assist in making their own laws, for which purpose they could hold an Assembly once a year. In July, one thousand six hundred and nineteen, met the House of Burgesses, consisting of twenty-two members chosen by the people. A peculiar interest is attached to this first Legislative Assembly in the New World. The laws enacted exhibit the spirit of the people. "Forasmuch," said the Assembly, "as men's affairs do little prosper when God's service is neglected, we invite Mr. Bucke, the minister, to open our sessions by prayer,—that it would please God to sanctify all our proceedings to his own glory and the good of this plantation." They passed laws against vices and in favor of industry and good order. "In detestation of idleness," the idler was "to be sold to a master for wages till he shew apparent signs of amendment." Laws were made against playing of dice and cards, drunkenness, and other vices; and to promote the "planting of corn," of vines, of mulberry trees, and the raising of flax and hemp. They made provision "towards the erecting of the University and College." This was designed for the education of their own children, as well as for "the most towardly boys in wit and graces" of the "natives' children." The governor and council sat with the Assembly, and took part in its deliberations. It was granted that a "general Assembly should be held yearly once," "to ordain whatsoever laws and orders would be thought good and profitable for our subsistence."

TITLE:    The First Representative Assembly
AUTHOR:    John Twine, Its Secretary
DATE:    1619
SOURCE:    America, Vol.2, Pg.90
John Twine, First Representative Assembly, America, Vol.2, p.90
REPORT of the manner of proceedings in the General assembly convened at James City in Virginia, July 30, 1619, consisting of the Governor, the Council of Estate and two Burgesses elected out of each incorporation and plantation, and being dissolved the 4th of August next ensuing.
John Twine, First Representative Assembly, America, Vol.2, p.90
First. Sir George Yeardley, Knight Governor and captain general of Virginia, sent his summons all over the country, as well to invite those of the Council of Estate that were absent as also for the election of Burgesses….
John Twine, First Representative Assembly, America, Vol.2, p.90 - p.91
The most convenient place we could find to sit in was the quire of the church where Sir George Yeardley, the Governor, being set down in his accustomed place, those of the Council of Estate sat next him on both hands, except only the Secretary then appointed Speaker, who sat right before him, John Twine, clerk of the General assembly, being placed next the Speaker, and Thomas Pierse, the Sergeant, standing at the bar, to be ready for any service the Assembly should command him. But forasmuch as men's affairs do little prosper where God's service is neglected, all the Burgesses took their places in the quire till a prayer was said by Mr. Bucke, the minister, that it would please God to guide and sanctify all our proceedings to his own glory and the good of this plantation. Prayer being ended, to the intent that as we had begun at God Almighty, so we might proceed with awful and due respect towards the Lieutenant, our most gracious and dread Sovereign, all the Burgesses were entreated to retire themselves into the body of the church, which being done, before they were fully admitted, they were called in order and by name, and so every man (none staggering at it) took the oath of supremacy, and then entered the Assembly….

First, the great charter of orders, laws, and privileges; Secondly, which of the instructions given by the Council in England to my lord Delaware, Captain Argall or Sir George Yeardley, might conveniently put on the habit of laws; Thirdly, what laws might issue out of the private conceit of any of the Burgesses, or any other of the colony; and lastly, what petitions were fit to be sent home for England. It pleased the Governor for expedition's sake to have the second object of the four to be examined and prepared by himself and the non-committees. Wherein after having spent some three hours' conference, the two committees brought in their opinions concerning the two former books, (the second of which begins at these words of the charter: And forasmuch as our intent is to establish one equal and uniform kind of government over all Virginia, etc.,) which the whole Assembly, because it was late, deferred to treat of till the next morning….
John Twine, First Representative Assembly, America, Vol.2, p.93
There remaining no farther scruple in the minds of the Assembly, touching the said great charter of laws, orders and privileges, the Speaker put the same to the question, and so it had both the general assent and the applause of the whole assembly, who, as they professed themselves in the first place most submissively thankful to Almighty God, therefore so they commanded the Speaker to return (as now he does) their due and humble thanks to the Treasurer, Council and company for so many privileges and favors as well in their own names as in the names of the whole colony whom they represented.

Here begin the laws drawn out of the instructions given by his Majesty's Council of Virginia in England….
John Twine, First Representative Assembly, America, Vol.2, p.94
By this present General Assembly be it enacted, that no injury or oppression be wrought by the English against the Indians whereby the present peace might be disturbed and ancient quarrels might be revived. And farther be it ordained that the Chicohomin are not to be excepted out of this law; until either that such order come out of England, or that they do provoke us by some new injury.
John Twine, First Representative Assembly, America, Vol.2, p.94
Against idleness, gaming, drunkenness and excess in apparel the Assembly has enacted as follows:
John Twine, First Representative Assembly, America, Vol.2, p.94
First, in detestation of idleness be it enacted, that if any men be found to live as an idler or renegade, though a freedman, it shall be lawful for that incorporation or plantation to which he belongs to appoint him a master to serve for wages, till he show apparent signs of amendment.
John Twine, First Representative Assembly, America, Vol.2, p.94
Against gaming at dice and cards be it ordained by this present assembly that the winner or winners shall lose all his or their winnings and both winners and loosers shall forfeit ten shillings a man, one ten shillings whereof to go to the discoverer, and the rest to charitable and pious uses in the incorporation where the fault is committed.
John Twine, First Representative Assembly, America, Vol.2, p.94 - p.95
Against drunkenness be it also decreed that if any private person be found culpable thereof, for the first time he is to be reproved privately by the minister, the second time publicly, the third time to lie in bolts 12 hours in the house of the Provost Marshal and to pay his fee, and if he still continue in that vice, to undergo such severe punishment as the Governor and Council of Estate shall think fit to be inflicted on him. But if any officer offend in this crime, the first time he shall receive a reproof from the Governor, the second time he shall openly be reproved in the church by the minister, and the third time he shall first be committed and then degraded. Provided it be understood that the Governor has always power to restore him when he shall, in his discretion think fit.

John Twine, First Representative Assembly, America, Vol.2, p.95
Be it enacted by this present assembly that for laying a surer foundation of the conversion of the Indians to Christian religion, each town, city, borough, and particular plantation do obtain unto themselves by just means a certain number of the natives children to be educated by them in the true religion and civil course of life of which children the most towardly boys in wit and graces of nature to be brought up by them in the first elements of literature, so to be fitted for the college intended for them that from thence they may be sent to that work of conversion.
John Twine, First Representative Assembly, America, Vol.2, p.96
As touching the business of planting corn this present Assembly does ordain that year by year all and every householder and householders have in store for every servant he or they shall keep, and also for his or their own persons, whether they have any servants or no, one spare barrel of corn, to be delivered out yearly, either upon sale or exchange as need shall require. For the neglect of which duty he shall be subject to the censure of the Governor and Council of Estate. Provided always that the first year of every new man this law shall not be of force.

John Twine, First Representative Assembly, America, Vol.2, p.97
Be it further ordained by this General Assembly, and we do by these presents enact, that all contracts made in England between the owners of land and their tenants and servants which they shall send hither, may be caused to be duly performed, and that the offenders be punished as the Governor and Council of Estate shall think just and convenient.

John Twine, First Representative Assembly, America, Vol.2, p.99
A third sort of laws, such as may issue out of every man's private conceit.

…. All ministers in the colony shall once a year, namely, in the month of March, bring to the Secretary of Estate a true account of all christenings, burials and marriages, upon pain, if they fail, to be censured for their negligence by the Governor and Council of Estate; likewise, where there be no ministers, that the commanders of the place do supply the same duty….
John Twine, First Representative Assembly, America, Vol.2, p.99 - p.100
All ministers shall duly read divine service, and exercise their ministerial function according to the ecclesiastical laws and orders of the church of England, and every Sunday in the afternoon shall catechize such as are not yet ripe to come to the communion. And whosoever of them shall be found negligent or faulty in this kind shall be subject to the censure of the Governor and Council of Estate….

Arbitrary Government Described and the Government of the Massachusetts Vindicated from that Aspersion
TITLE:    Arbitrary Government Described And The Government of the Massachusetts Vindicated From That Aspersion
AUTHOR:    John Winthrop, Then Deputy-Governor of the Commonwealth
DATE:    1644
SOURCE:    Harvard Classics (1910) Vol.43, Pg.90
[In 1644, a dispute arose in Massachusetts between the magistrates and the deputies as to the respective powers of the two branches of the legislature, the deputies claiming judicial authority. Winthrop's opposition to this claim brought upon him and other magistrates the charge of arbitrary government; and in order to clear up the situation he drew up the following document. It is important not only for its presentation of Winthrop's personal views, but for the light it throws upon the origins of the political institutions of the Commonwealth.]
John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.90
ARBITRARY Government is where a people have men set over them, without their choice or allowance; who have power to govern them, and judge their causes without a rule.
John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.90
God only hath this prerogative; whose sovereignty is absolute, and whose will is a perfect rule, and reason itself; so as for man to usurp such authority, is tyranny, and impiety.
John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.90
Where the people have liberty to admit or reject their governors, and to require the rule by which they shall be governed and judged, this is not an arbitrary government.

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.93
"It shall and may be lawful, to and for the Governor, etc., and such of the Freemen of the said Company for the time being, as shall be assembled in any of their General Courts aforesaid, or in any other Courts to be specially summoned and assembled for that purpose, or the greater part of them, whereof the Governor or Deputy-Governor, and six of the Assistants to be always seven; from time to time, to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions, and instructions, not contrary to this our Realm of England: as well for settling of the forms and ceremonies of government and magistracy, fit and necessary for the said plantation, and inhabitants there, and for naming and styling of all sorts of officers, both superior and inferior, which they shall find needful for that Government and plantation; and the distinguishing and setting forth of the several duties, powers, and limits of every such office, etc., for disposing and ordering the election of such of the said officers as shall be annual, etc., and for setting down forms of oaths and for ministering of them, etc., and for the directing, ruling, and disposing of all matters and things, whereby our said people inhabitants there, may be so religiously, peaceably, and civilly governed, etc."

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.94
Thus it appears that this Government is not arbitrary in the foundation of it, but regulated in all the parts of it.
John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.94
(2) It will be yet further found by the positive laws thereof:

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.94 - p.95
I might show a clear rule out of the Patent itself, but seeing it is more particularly (and as it were membratim) delineated in later laws. I will begin there, (3) 25-1636. It was ordered, that until a body of fundamental laws (agreeable to the Word of God) were established, all causes should be heard and determined, according to the laws already in force; and where no law is, there as near the law of God as may be. To omit many particular laws enacted upon occasion, I will set down only the first authority in the Liberties: which is as here followeth:—"No man's life shall be taken away; no man's honor or good name shall be stained; no man's person shall be arrested, restrained, banished, dismembered, or any ways punished; no man shall be deprived of his wife or children; no man's goods or estate shall be taken away from him, or any way damaged, under colour of law or countenance of authority, unless it be by the virtue or equity of some express law of the country, warranting the same, established by a General Court and sufficiently published; or, in case of the defect of a law in any particular case, by the word of God, and in capital cases, or in cases concerning dismembering or banishment, according to that word, to be judged by the General Court."

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.95
By these it appears, that the officers of this body politic have a rule to walk by in all their administrations, which rule is the Word of God, and such conclusions and deductions as are, or shall be, regularly drawn from thence.

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.96
The fundamentals which God gave to the Commonwealth of Israel were a sufficient rule to them, to guide all their affairs; we having the same, with all the additions, explanations, and deductions, which have followed; it is not possible we should want a rule in any case, if God give wisdom to discern it.

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.96 - p.97
There are some few cases only (beside the capitals) wherein the penalty is prescribed; and the Lord could have done the like in others, if He had so pleased; but having appointed governments upon earth, to be His vicegerents, He hath given them those few as presidents to direct them and to exercise His gifts in them (Deut. xvii; 9, 10, 11). In the most difficult cases, the judges in supreme authority were to show the sentence of the law; whence three things may be observed: (1) this sentence was to be declared out of the law established, though not obvious to common understanding; (2) this was to be expected in that ordinance; therefore (v. 19,) the King was to have a copy of the law, and to read them all the days of his life; (3) such a sentence was not ordained to be provided before the case fell out, but pro re nata, when occasion required, God promised to be present in his own ordinance, to improve such gifts as he should please to confer upon such as he should call to place of government. In the Scripture there are some forms of prayers and of sermons set down; yet no man will infer from thence that ministers should have sermons and prayers prescribed them for every occasion; for that would destroy the ordinance of the ministry, i. e., a reading priest might serve in that office, without any learning or other gifts of the Spirit. So if all penalties were prescribed, the jury should state the case, and the book hold forth the sentence, and any schoolboy might pronounce it; then what need were there of any special wisdom, learning, courage, zeal or faithfulness in a judge?
John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.97
This being so great a question now on foot, about prescript penalties it will be of use to search as deep into it as we may by the light of Scripture, approved patterns, and other rational arguments; not tying our discourse to method, but laying down things as they come to hand.
John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.97
England in the right constitution, is not an Arbitrary Government, nor is ours of the Massachusetts; yet juries, both there and here, give damages which (in vulgar sense) are arbitrary, in most cases: as in actions of slander, trespass, battery, breach of covenant, etc.; all which concern the people's liberties no less than fines and other penalties; And if twelve men, who have no calling to office, may (in expectation of God's assistance) be trusted with men's estates in a way of distributive justice without a prescript rule, etc., why may not those whose calling and office hath promise of assistance, have like trust reposed in them, in vindictive justice?

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.97
God may pronounce sentence against an offender, before the offence be committed, both by his absolute sovereignty, and also because he foreseeth all facts, with all their circumstances; and besides the least degree of the same offence deserves more than that full punishment before his Justice, but man must proceed according to his Commission; by which he cannot sentence another before he hath offended; and the offence examined, proved, laid to the rule, and weighed by all considerable circumstances, and liberty given to the party to answer for himself: nor is there anything more prejudicial to a subject's liberty, than to be sentenced before his cause be heard.

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.92 - p.98
Justice ought to render to every man according to his deservings, eye for eye, hand for hand, etc.; and (Luke xii. 47) the servant, who transgressed against knowledge was to be beaten with more stripes than he who transgressed of ignorance. If we had a law, that every lie should be punished forty shillings, and two offenders should be convict at the same time, the one a youth of honest conversation, never known to lie before; and now, suddenly surprised with fear of some discredit, had told a lie wherein was no danger of harm to any other; the other an old notorious liar, and his lie contrived of purpose for a pernicious end: it were not just to punish both these alike. As forty shillings were too little for the one, so it were too much for the other. Besides, penalties (we know) coming of paena, should cause pain or grief to the offenders. It must be an affliction, yet not a destruction except in capital or other heinous crimes: but in prescript penalties, authority shoots at adventure; if the same penalty hits a rich man, it pains him not, it is no affliction to him; but if it lights upon a poor man, it breaks his back.

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.93 - p.98 - p.99
Every law must be just in every part of it, but if the penalty annexed be unjust, how can it be held forth as a just law? To prescribe a penalty must be by some rule, otherwise it is an usurpation of God's prerogative; but where the law-makers, or declarers, cannot find a rule for prescribing a penalty, if it come before the judges pro re nata, there it is determinable by a certain rule, viz., by an ordinance set up of God for that purpose, which hath a sure promise of Divine assistance (Exo. xxi. 22; Deut. xvi. 18). "Judges and Officers shalt thou make, etc., and they shall judge the people with just judgment." (Deut. xxv. 1, 2, and xvii. 9, 10, 11). If a Law were made that if any man were found drunken he should be punished by the judges according to the merit of his offence, this is a just law, because it is warranted by a rule; but if a certain penalty were prescribed, this would not be just, because it wants a rule, but when such a case is brought before the judges, and the quality of the person and other circumstances considered, they shall find a rule to judge by; as if Nabal, and Uriah, and one of the strong drunkards of Ephraim, were all three together accused before the judges for drunkenness, they could so proportion their several sentences, according to the several natures and degrees of their offences, as a just and divine sentence might appear in them all; for a divine sentence is in the lips of the King, his mouth transgresseth not in judgment (Prov. xvi.), but no such promise was ever made to a paper sentence of human authority or invention. He who hath promised His servants to teach them what to answer, even in that hour when they shall be brought before judgment seats, etc., will also teach his ministers, the judges, what sentence to pronounce, if they will also observe His word and trust in Him. "Care not for the morrow, etc." is a rule of general extent, to all cases where our providence may either cross with some rule or ordinance of His, or may occasion us to rely more upon our own strengths and means, than upon His grace and blessing. In the sentence which Solomon gave between the two harlots (1 Kings 111. 28), it is said that all Israel heard of the judgment which the King had judged; and they feared the King, for they saw that the wisdom of God was in him to do judgment. See here, how the wisdom of God was glorified, and the authority of the judge strengthened by this sentence; whereas in men's prescript sentences neither of these can be attained; but if the sentence hit right, all is ascribed to the wisdom of our ancestors; if otherwise, it is endured as a necessary evil, since it may not be altered.

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.99- p.100
Prescript penalties take away the use of admonition, which is also a divine sentence and an ordinance of God, warranted by Scripture, as appears in Solomon's admonition to Adonijah, and Nehemiah's to those that break the Sabbath (Eccl. xii. 11, 12); "The words of the wise are as goads, and as nails fastened by the masters of assemblies—by these (my son) be admonished." (Prov. xxix. I; Isa. xi. 4; Prov. xvii. 10). "A reproof entereth more into a wise man, than a hundred stripes into a fool."


John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.100
Judges are Gods upon earth; therefore, in their administrations, they are to hold forth the wisdom and mercy of God, (which are His attributes) as well as His Justice, as occasion shall require either in respect of the quality of the person, or for a more general good, or evident repentance, in some cases of less public consequence, or avoiding imminent danger to the State, and such like prevalent considerations. (Exo. xxii. 8, 9). For theft and such like trespasses, double restitution was appointed by the Law; but (Lev. vi. 2, 5) in such cases, if the party confessed his sin and brought his offering, he should only restore the principal and add a fifth part thereto. Adultery and incest deserved death, by the Law, in Jacob's time (as appears by Judah his sentence, in the case of Tamar); yet Reuben was punished only with the loss of his birthright, because he was a patriarch. David his life was not taken away for his adultery and murder (but he was otherwise punished) in respect of public interest and advantage; he was valued at ten thousand common men. Bathsheba was not put to death for her adultery, because the King's desire had with her the force of a law. Abiathar was not put to death for his treason, because of his former good service and faithfulness. Shemei was reprieved for a time, and had his pardon in his own power, because of his profession of repentance in such a season. Those which broke the Sabbath in Nehemiah his time, were not put to death, but first admonished, because the state was not settled, etc. Joab was not put to death for his murders in David's time, for avoiding imminent public danger; the sons of Zeruiah had the advantage of David, by their interest in the men of war; and the commonwealth could not yet spare them. But if judges be tied to a prescript punishment, and no liberty left for dispensation or mitigation in any case, there is no place left for wisdom or mercy; whereas Solomon sayeth (Prov. xx. 28): "Mercy and truth preserve the King, and his throne is upholden by mercy."

John Winthrop, Arbitrary Government Described, Harvard Classics (1910), Vol.43, p.102
Isa. x, 1: Woe to them that decree unrighteous decrees: and write grievousness, which they have prescribed; so that where the penalty proves grievous by the unrighteousness of a prescript decree, it will draw a woe after it, as well as unrighteous sentences; (Deut. xxv, 15) "Thou shall have a perfect and just weight and measure." If God be so strict in commutative justice that every act therein must be by a just and perfect rule, what warrant have we to think that we may dispense distributive or vindictive justice to our brethren by guess, when we prescribe a certain measure to an uncertain merit?

A Healing Question
TITLE:    A Healing Question
AUTHOR:    Sir Henry Vane
DATE:    1656
SOURCE:    Harvard Classics (1910) Vol.43, Pg.126
[In 1656, Cromwell issued a proclamation for a general fast to consider the cause of the continued distracted condition of Britain. In response, Sir Henry Vane, previously Governor of Massachusetts, and one of the most high-minded statesmen of the period of the Commonwealth in England, published the following tract, expounding the principles of civil and religious liberty, and proposing that method of forming a constitution, through a convention called for the purpose, which was actually followed in America after the Revolution.]
Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.126
A HEALING QUESTION PROPOUNDED AND RESOLVED, UPON OCCASION OF THE LATE PUBLIC AND SEASONABLE CALL TO HUMILIATION, IN ORDER TO LOVE AND UNION AMONG THE HONEST PARTY, AND WITH A DESIRE TO APPLY BALM TO THE WOUND BEFORE IT BECOME INCURABLE.
Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.126
THE question propounded is, What possibility doth yet remain (all things considered) of reconciling and uniting the dissenting judgments of honest men within the three nations, who still pretend to agree in the spirit, justice, and reason of the same good cause, and what is the means to effect this?
Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.126
Answ. If it be taken for granted (as, on the magistrate's part, from the ground inviting the people of England and Wales to a solemn day of fasting and humiliation, may not be despaired of) that all the dissenting parties agree still in the spirit and reason of the same righteous cause, the resolution seems very clear in the affirmative; arguing not only for a possibility, but a great probability hereof; nay, a necessity daily approaching nearer and nearer to compel it, if any or all of the dissenting parties intend or desire to be safe from the danger of the common enemy, who is not out of work, though at present much out of sight and observation.
Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.127
The grounds of this are briefly these: First, the cause hath still the same goodness in it as ever, and is, or ought to be, as much in the hearts of all good people that have adhered to it: it is not less to be valued now, than when neither blood nor treasure were thought too dear to carry it on, and hold it up from sinking; and hath the same omnipotent God, whose great name is concerned in it, as well as his people's outward safety and welfare; who knows, also, how to give a revival to it when secondary instruments and visible means fail or prove deceitful.
Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.127
Secondly, The persons concerned and engaged in this cause are still the same as before, with the advantage of being more tried, more inured to danger and hardship, and more endeared to one another, by their various and great experiences, as well of their own hearts as their fellow-brethren. These are the same still in heart and desire after the same thing, which is, that, being freed out of the hands of their enemies, they may serve the Lord without fear, in holiness and righteousness all the days of their life.
Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.127 - p.128
As they have had this great good finally in their aims (if declarations to men and appeals to God signify anything), so, as a requisite to attain this, they did with great cheerfulness and unanimity draw out themselves to the utmost in the maintenance of a war, when all other means, first essayed, proved ineffectual. In the management of this war, it pleased God, the righteous Judge (who was appealed to in the controversy), so to bless the counsel and forces of the persons concerned and engaged in this cause, as in the end to make them absolute and complete conquerors over their common enemy; and by this means they had added unto the natural right which was in them before (and so declared by their representatives in Parliament assembled), the right of conquest, for the strengthening of their just claim to be governed by national councils, and successive representatives of their own election and setting up. This they once thought they had been in possession of, when it was ratified, as it were, in the blood of the last king. But of late a great interruption having happened unto them in their former expectations, and, instead thereof, something rising up that seems rather accommodated to the private and selfish interest of a particular part (in comparison) than truly adequate to the common good and concern of the whole body engaged in this cause: hence it is that this compacted body is now falling asunder into many dissenting parts (a thing not unforeseen nor unhoped for by the common enemy all along as their last relief); and if these breaches be not timely healed, and the offences (before they take too deep root) removed, they will certainly work more to the advantage of the common enemy than any of their own unwearied endeavours and dangerous contrivances in foreign parts put all together.

Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.129 - p.130
The root and bottom upon which it stood was not public interest, but the private lust and will of the conqueror, who by force of arms did at first detain the right and freedom which was and is due to the whole body of the people; for whose safety and good, government itself is ordained by God, not for the particular benefit of the rulers, as a distinct and private interest of their own; which yet, for the most part, is not only preferred before the common good, but upheld in opposition thereunto. And as at first the conqueror did, by violence and force, deny this freedom to the people, which was their natural right and privilege, so he and his successors all along lay as bars and impediments to the true national interest and public good, in the very national councils and assemblies themselves, which were constituted in such a manner as most served for the upholding of the private interest of their families; and this being challenged by them as their prerogative, was found by the people assembled in Parliament most unrighteous, burdensome, and destructive to their liberty. And when they once perceived that by this engine all their just rights were like to be destroyed especially (being backed, as it was, with the power of the militia, which the late king, for that purpose, had assumed into his hands, and would not, upon the people's application to him in Parliament, part with into the hands of that great council, who were best to be intrusted with the nation's safety), this was the ground of the quarrel, upon a civil account between the king and his party, and the whole body of adherents to the cause of the people's true liberty; whereof this short touch hath been given, and shall suffice for the opening of the first branch of this clause.

Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.130
The second branch which remains briefly to be handled is that which also upon the grounds of natural right is to be laid claim unto, but distinguishes itself from the former as it respects a more heavenly and excellent object wherein the freedom is to be exercised and enjoyed, that is to say, matters of religion, or that concern the service and worship of God.
Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.130
Unto this freedom the nations of the world have right and title by the purchase of Christ's blood, who, by virtue of his death and resurrection, is become the sole Lord and Ruler in and over the conscience; for to this end Christ died, rose, and revived, that he might be Lord both of the dead and of the living, and that every one might give an account of himself, in all matters of God's worship unto God and Christ alone, as their own Master, unto whom they stand or fall in judgment, and are not in these things to be oppressed, or brought before the judgment-seats of men. For why shouldst thou set at naught thy brother in matters of his faith and conscience, and herein intrude into the proper office of Christ, since we are all to stand at the judgment-seat of Christ, whether governors or governed, and by his decision only are capable of being declared with certainty to be in the right or in the wrong?
Henry Vane, A Healing Question, Harvard Classics (1910), Vol.43, p.130 - p.131
By virtue, then, of this supreme law, sealed and confirmed in the blood of Christ unto all men (whose souls he challenges a propriety in, to bring under his inward rule in the service and worship of God), it is that all magistrates are to fear and forbear intermeddling with giving rule or imposing in those matters. They are to content themselves with what is plain in their commission, as ordained of God to be his minister unto men for good, while they approve themselves the doers of that which is good in the sight of men, and whereof earthly and worldly judicatures are capable to make a clear and perfect judgment: in which case the magistrate is to be for praise and protection to them. In like manner, he is to be a minister of terror and revenge to those that do evil in matters of outward practice, converse, and dealings in the things of this life between man and man, for the cause whereof the judicatures of men are appointed and set up. But to exceed these limits, as it is not safe or warrantable for the magistrate (in that he who is higher than the highest, regards, and will show himself displeased at it), so neither is it good for the people, who hereby are nourished up in a biting, devouring, wrathful spirit one against another, and are found transgressors of that royal law which forbids us to do that unto another which we would not have them do unto us, were we in their condition.

TITLE:    Eliot's Brief Narrative
AUTHOR:    John Eliot
DATE:    1670
SOURCE:    Harvard Classics (1910) Vol.43, Pg.147
[John Eliot (1604-1690), "The Apostle to the Indians," came to New England in 1631, and began his ministrations to the Indians in their own language in 1646. His great work, the translation of the Bible into the tongue of the Massachusetts Indians, was finished in 1658 and published 1661-63. He wrote a number of reports on the progress of Christianity among the Indians, of which the Brief Narrative was the last. This pamphlet gives an interesting picture of the conditions of evangelisation among the natives at the end of the first generation of intercourse with the colonists. The movement which was so vigorously started by Eliot was checked before his death by King Philip's war, 1675-6.]
John Eliot, Eliot's Brief Narrative, Harvard Classics (1910), Vol.43, p.147

TO THE RIGHT WORSHIPFUL THE COMMISSIONERS UNDER HIS MAJESTIES' GREAT-SEAL, FOR PROPAGATION OF THE GOSPEL AMONGST THE POOR BLIND INDIANS IN NEW-ENGLAND.
John Eliot, Eliot's Brief Narrative, Harvard Classics (1910), Vol.43, p.147
RIGHT WORSHIPFUL AND CHRISTIAN GENTLEMEN:
THAT brief Tract of the present state of the Indian-Work in my hand, which I did the last year on the sudden present you with when you call'd for such a thing; That falling short of its end, and you calling for a renewal thereof, with opportunity of more time, I shall begin with our last great motion in that Work done this Summer, because that will lead me to begin with the state of the Indians under the hands of my Brethren Mr. Mahew and Mr. Bourn.
John Eliot, Eliot's Brief Narrative, Harvard Classics (1910), Vol.43, p.147 - p.148
Upon the 17th day of the 6th month, 1670, there was a Meeting at Maktapog near Sandwich in Plimouth-Pattent, to gather a Church among the Indians: There were present six of the Magistrates, and many Elders, (all of them Messengers of the Churches within that Jurisdiction) in whose presence, in a day of Fasting and Prayer, they making confession of the Truth and Grace of Jesus Christ, did in that solemn Assembly enter into Covenant, to walk together in the Faith and Order of the Gospel; and were accepted and declared to be a Church of Jesus Christ. These Indians being of kin to our Massachuset-Indians who first prayed unto God, conversed with them, and received amongst them the light and love of the Truth; they desired me to write to Mr. Leveredge to teach them: He accepted the Motion: and performed the Work with good success; but afterwards he left that place, and went to Long-Island, and there a godly Brother, named Richard Bourne (who purposed to remove with Mr. Leveredge, but hindered by Divine Providence) undertook the teaching of those Indians, and hath continued in the work with good success to this day; him we ordained Pastor: and one of the Indians, named Jude, should have been ordained Ruling-Elder, but being sick at that time, advice was given that he should be ordained with the first opportunity, as also a Deacon to manage the present Sabbath-day Collections, and other [4] parts of that Office in their season. The same day also were they, and such of their Children as were present, baptized.
John Eliot, Eliot's Brief Narrative, Harvard Classics (1910), Vol.43, p.148 - p.149
From them we passed over to the Vineyard, where many were added to the Church both men and women, and were baptized all of them, and their Children also with them; we had the Sacrament of the Lords Supper celebrated in the Indian-Church, and many of the English-Church gladly joyned with them; for which cause it was celebrated in both languages. On a day of Fasting and Prayer, Elders were ordained, two Teaching-Elders, the one to be a Preacher of the Gospel, to do the Office of a Pastor and Teacher; the other to be a Preacher of the Gospel, to do the Office of a Teacher and Pastor, as the Lord should give them ability and opportunity; Also two Ruling-Elders, with advice to ordain Deacons also, for the Service of Christ in the Church. Things were so ordered by the Lord's guidance, that a Foundation is laid for two Churches more; for first, these of the Vineyard dwelling at too great a distance to enjoy with comfort their Sabbath-communion in one place, Advice was given them, that after some experience of walking together in the Order and Ordinances of the Gospel, they should issue forth into another Church; and the Officers are so chosen, that when they shall do so, both Places are furnished with a Teaching and Ruling-Elder.

John Eliot, Eliot's Brief Narrative, Harvard Classics (1910), Vol.43, p.149
Also the Teacher of the Praying Indians of Nantucket, with a Brother of his were received here, who made good Confessions of Jesus Christ; and being asked, did make report unto us that there be about ninety Families who pray unto God in that Island, so effectual is the Light of the Gospel among them. Advice was given, that some of the chief Godly People should join to this Church, (for they frequently converse together, though the Islands be seven leagues asunder) and after some experience of walking in the Order of the Gospel, they should issue forth into Church-estate among themselves, and have Officers ordained amongst them.

John Eliot, Eliot's Brief Narrative, Harvard Classics (1910), Vol.43, p.149 - p.150
In as much as now we have ordained Indian Officers unto the Ministry of the Gospel, it is needful to add a word or two of Apology: I find it hopeless to expect English Officers in our Indian Churches; the work is full of hardship, hard labour, and chargeable also, and the Indians not yet capable to give considerable support and maintenance; and Men have bodies, and must live of the Gospel: And what comes from England is liable to hazard and uncertainties. On such grounds as these partly, but especially from the secret wise governance of Jesus Christ, the Lord of the Harvest, there is no apearance of hope for their souls feeding in that way: they must be trained up to be able to live of themselves in the ways of the Gospel of Christ; and through the riches of God's Grace and Love, sundry of themselves who are expert in the Scriptures, are able to teach each other: An English young man raw in that language, coming to teach among our Christian-Indians, would be much to their loss; there be of themselves such as be more able, especially being advantaged that he speaketh his own language, and knoweth their manners. Such English as shall hereafter teach them, must begin with a People that begin to pray unto God, (and such opportunities we have many) and then as they grow in knowledge, he will grow (if he be diligent) in ability of speech to communicate the knowledge of Christ unto them. And seeing they must have Teachers amongst themselves, they must also be taught to be Teachers: for which cause I have begun to teach them the Art of Teaching, and I find some of them very capable. And while I live, my purpose is, (by the grace of Christ assisting) to make it one of my chief cares and labours to teach them some of the Liberal Arts and Sciences, and the way how to analize, and lay out into particulars both the Works and Word of God; and how to communicate knowledge to others methodically and skilfully, and especially the method of Divinity. There be sundry Ministers who live in an opportunity of beginning with a People, and for time to come I shall cease my importuning of others, and onely fall to perswade such unto this service of Jesus Christ, it being one part of our Ministerial Charge to preach to the World in the Name of Jesus, and from amongst them to gather Subjects to his holy Kingdom. The Bible, and the Catechism drawn [6] out of the Bible, are general helps to all parts and places about us, and are the ground-work of Community amongst all our Indian-Churches and Christians.

In Opposition to Writs of Assistance
TITLE:    In Opposition to Writs of Assistance
AUTHOR:    James Otis
DATE:    1761
SOURCE:    The World's Famous Orations, Vol.1 Pg.27-36
[Delivered before the Superior Court in Boston in February, 1761, and the earliest important word publicly uttered in the controversies which precipitated the Revolution. John Adams declared that in this oration "American independence was born." Abridged.
Born in 1725, died in 1783; a Law Officer under the Crown; Member of the Massachusetts House of Representatives; Delegate to the Stamp Act Congress in 1765; wrote a pamphlet entitled, "Rights of the British Colonies Asserted," in 1764, and others that attracted wide attention in England as well as here; owing to illness, not active during the war; killed by lightning in 1783.]
James Otis, In Opposition to Writs of Assistance, The World's Famous Orations, Vol.1, p.27
MAY it please your honors, I was desired by one of the court to look into the books, and consider the question now before them concerning writs of assistance. I have, accordingly, considered it, and now appear not only in obedience to your order, but likewise in behalf of the inhabitants of this town, who have presented another petition, and out of regard to the liberties of the subject. And I take this opportunity to declare that, whether under a fee or not (for in such a cause as this I despise a fee), I will to my dying day oppose with all the powers and faculties God has given me all such instruments of slavery on the one hand, and villainy on the other, as this writ of assistance is.

James Otis, In Opposition to Writs of Assistance, The World's Famous Orations, Vol.1, p.30
Fourthly, by this writ, not only deputies, etc., but even their menial servants, are allowed to lord it over us. What is this but to have the curse of Canaan with a witness on us; to be the servant of servants, the most despicable of God's creation?

James Otis, In Opposition to Writs of Assistance, The World's Famous Orations, Vol.1, p.34
4. "These principles and these rights were wrought into the English Constitution as fundamental laws. And under this head he went back to the old Saxon laws, and to Magna Charta, and the fifty confirmations of it in Parliament, and the executions ordained against the violators of it, and the national vengeance which had been taken on them from time to time, down to the Jameses and Charleses, and to the Petition of Right and the Bill of Rights and the Revolution. He asserted that the security of these rights to life, liberty, and property had been the object of all those struggles against arbitrary power, temporal and spiritual, civil and political, military and ecclesiastical, in every age. He asserted that our ancestors, as British subjects, and we, their descendants, as British subjects, were entitled to all those rights, by the British Constitution, as well as by the law of nature and our provincial charter, as much as any inhabitant of London or Bristol, or any part of England; and were not to be cheated out of them by any phantom of 'virtual representation,' or any other fiction of law or politics, or any monkish trick of deceit and hypocrisy.

The Mecklenburg Declaration of Independence
TITLE:    The Mecklenburg Declaration of Independence
DATE:    1775
SOURCE:    Harvard Classics (1910) Vol.43, Pg.166
[On April 30, 1819, the Raleigh (N. C.) Register published the following document, said to have been adopted by the Committee of Mecklenburg county, North Carolina, on May 20, 1775, the day after the receipt of the news of the battle of Lexington. The similarity of some of its phrases (here italicized) to phrases in the Declaration of Independence raised questions as to plagiarism on Jefferson's part, or, on the other hand, as to the authenticity of the Mecklenburg document. It is clear that Jefferson never heard of it before 1819; and the explanation most commonly adopted is, that it is a compilation, based in part on general recollections of certain resolutions, still extant, which were drawn up by the committee-men of Mecklenburg on May 31, 1775.]
Mecklenburg Declaration Of Independence, Harvard Classics (1910), Vol.43, p.166
"1. RESOLVED, That whosoever directly or indirectly abetted, or in any way, form, or manner, countenanced the unchartered and dangerous invasion of our rights, as claimed by Great Britain, is an enemy to this Country—to America—and to the inherent and inalienable rights of man.
Mecklenburg Declaration Of Independence, Harvard Classics (1910), Vol.43, p.166
2. Resolved, That we the citizens of Mecklenburg County, do hereby dissolve the political bands which have connected us to the Mother Country, and hereby absolve ourselves from all allegiance to the British Crown, and abjure all political connection, contract, or association, with that Nation, who have wantonly trampled on our rights and liberties—and inhumanly shed the innocent blood of American patriots at Lexington.
Mecklenburg Declaration Of Independence, Harvard Classics (1910), Vol.43, p.166
3. Resolved, That we do hereby declare ourselves a free and independent people, are, and of right ought to be, a sovereign and self-governing Association, under the control of no power other than that of our God and the General Government of the Congress; to the maintenance of which independence, we solemnly pledge to each other, our mutual cooperation, our lives, our fortunes, and our most sacred honor.
Mecklenburg Declaration Of Independence, Harvard Classics (1910), Vol.43, p.166 - p.167
4. Resolved, That as we now acknowledge the existence and control of no law or legal officer, civil or military, within this County, we do hereby ordain and adopt, as a rule of life, all, each and every of our former laws—where, nevertheless, the Crown of Great Britain never can be considered as holding rights, privileges, immunities, or authority therein.
Mecklenburg Declaration Of Independence, Harvard Classics (1910), Vol.43, p.167
5. Resolved, That it is also further decreed, that all, each and every military officer in this County, is hereby reinstated to his former command and authority, he acting conformably to these regulations, and that every member present of this delegation shall henceforth be a civil officer, viz. a Justice of the Peace, in the character of a 'Committee-man,' to issue process, hear and determine all matters of controversy, according to said adopted laws, and to preserve peace, and union, and harmony, in said County, and to use every exertion to spread the love of country and fire of freedom throughout America, until a more general and organized government be established in this province."

George Bancroft, History of the United States, Vol.3, p.341
The patriots of Boston were confident of recovering their rights either with the consent of England or by independence. John Adams, though anxious for advancement, scorned the service of the king; and his associates at the bar rendered "themselves unfit for the favor of government" by "abetting" "the popular party." The people of Lexington came into a resolution to drink no more tea till the unconstitutional revenue act should be repealed. On the anniversary of the repeal of the stamp act, Samuel Adams held up to public view the grievances inflicted on Americans, by combining taxation with a commercial monopoly, and enforcing both by fleets, armies, commissioners, guarda-costas, judges of the admiralty, and a host of insolent and rapacious petty officers. He pointed out, on the one hand, the weakness of Great Britain, arising from its corruption, its debt, its intestine divisions, its insufficient supply of food, its want of affiances; and, on the other, the state of the American colonies, their various climates, soils, produce, rapid increase of population, and the virtue of their inhabitants, and drew the inference that the conduct of Old England was "permitted and ordained by the unsearchable wisdom of the Almighty for hastening" American independence.

George Washington, Washington's Inaugural Address, America, Vol.4, p.170
I dwell on this prospect with every satisfaction which an ardent love for my country can inspire; since there is no truth more thoroughly established than that there exists in the economy and course of nature an indissoluble union between virtue and happiness, between duty and advantage, between the genuine maxims of an honest and magnanimous policy and the solid rewards of public prosperity and felicity; since we ought to be no less persuaded that the propitious smiles of Heaven can never be expected on a nation that disregards the eternal rules of order and right, which Heaven itself has ordained; and since the preservation of the sacred fire of liberty and the destiny of the republican model of government are justly considered as deeply, perhaps as finally, staked on the experiment intrusted to the hands of the American people.

TITLE:    Webster's Reply To Hayne
AUTHOR:    Daniel Webster
DATE:    February, 1830
SOURCE:    America, Vol.6, Pg.59
[THIS greatest speech of his life was delivered by Daniel Webster in February, 1830. Western influences in Congress opposed to the leadership of Henry Clay were aligned with southern influences and interests voiced by John C. Calhoun and Robert Young Hayne. Hayne, a Senator from South Carolina, had addressed the Senate on the nature of the Union and the right of nullification. In his epochmaking reply, Webster successfully combated the theory of nullification and ably vindicated the nationalist view of the Union.
Shortly afterwards (in 1832) South Carolina adopted an ordinance of nullification, elected Hayne Governor, and the State prepared to resist the Federal power by force of arms. Happily a compromise was agreed to, and the ordinance was repealed. Prior to the speech by Hayne, Webster had been one of the most vigorous opponents of a greater national power.]
Daniel Webster, Webster's Reply To Hayne, America, Vol.6, p.59 - p.60
THIS leads us to inquire into the origin of this Government and the source of its power. Whose agent is it? Is it the creature of the State Legislatures, or the creature of the people? . . . It is, sir, the people's Constitution, the people's Government; made for the people; made by the people; and answerable to the people. The people of the United States have declared that this Constitution shall be the supreme law. We must either admit the proposition, or dispute their authority. The States are, unquestionably, sovereign, so far as their sovereignty is not affected by this supreme law. But the State Legislatures, as political bodies, however sovereign, are yet not sovereign over the people. So far as the people have given power to the General Government, so far the grant is unquestionably good, and the Government holds of the people and not of the State Governments….
Daniel Webster, Webster's Reply To Hayne, America, Vol.6, p.60 - p.61
The people, then, sir, erected this Government. They gave it a Constitution; and in that Constitution they have enumerated the powers which they bestow on it, They have made it a limited Government. They have defined its authority. They have restrained it to the exercise of such powers as are granted; and all others, they declare, are reserved to the States or to the people. But, sir, they have not stopped here. If they had, they would have accomplished but half their work. No definition can be so clear as to avoid possibility of doubt; no limitation so precise, as to exclude all uncertainty. Who then shall construe this grant of the people? Who shall interpret their will, where it may be supposed they have left it doubtful? With whom do they repose this ultimate right of deciding on the powers of the Government? Sir, they have settled all this in the fullest manner. They have left it with the Government itself, in its appropriate branches. Sir, the very chief end, the main design, for which the whole Constitution was framed and adopted was, to establish a Government that should not be obliged to act through State agency, or depend on State opinion and State discretion. The people had had quite enough of that kind of government, under the Confederacy. Under that system, the legal action, the application of law to individuals, belonged exclusively to the States. Congress could only recommend; their acts were not of binding force, till the States had adopted and sanctioned them. Are we in that condition still? Are we yet at the mercy of State discretion, and State construction? Sir, if we are, then vain will be our attempt to maintain the Constitution under which we sit. But, sir, the people have wisely provided, in the Constitution itself, a proper, suitable mode and tribunal for settling questions of constitutional law. There are, in the Constitution, grants of powers to Congress, and restrictions on these powers. There are, also, prohibitions on the States. Some authority must, therefore, necessarily exist, having the ultimate jurisdiction to fix and ascertain the interpretation of these grants, restrictions, and prohibitions. The Constitution has, itself, pointed out, ordained and established that authority. How has it accomplished this great and essential end? By declaring, sir, that "the Constitution, and the laws of the United States made in pursuance thereof, shall be the supreme law of the land, anything in the constitution or laws of any State to the contrary notwithstanding."

History of the United States
Volume 1, To 1688
Part 1: The English People Found a Nation in America, 1492-1660
PART I
——————————————————
The English People Found a Nation in America
From 1492 to 1660
Chapter 6:
England Plants a New Nation in Virginia

Chapter 6:
England Plants a New Nation in Virginia
George Bancroft, History of the United States, Vol.1, p.84
"I SHALL yet live to see Virginia an English nation," wrote Raleigh to Sir Robert Cecil shortly before the accession of James I. When the period for success had arrived, changes in European politics and society had moulded the forms of colonization. The Reformation had broken the harmony of religious opinion, and differences in the church began to constitute the basis of political parties. After the East Indies had been reached by doubling the southern promontory of Africa, the great commerce of the world was carried upon the ocean. The art of printing had been perfected and diffused; and the press spread intelligence and multiplied the facilities of instruction. The feudal institutions were undermined by the current of time and events. Productive industry had built up the fortunes and extended the influence of the middle classes, while habits of indolence and expense had impaired the estates and diminished the power of the nobility. These changes produced corresponding results in the institutions which were to rise in America.

George Bancroft, History of the United States, Vol.1, p.84
A revolution had equally occurred in the objects for which voyages were undertaken. Columbus sought a new passage to the East Indies. The passion for gold next became the prevailing motive. Then islands and countries near the equator were made the tropical gardens of Europeans. At last the higher design was matured: to plant permanent Christian colonies; to establish for the oppressed and the enterprising places of refuge and abode; to found states in a temperate clime, with all the elements of independent existence.

George Bancroft, History of the United States, Vol.1, p.85 - p.86
With these are to be named George Popham, a kinsman of the chief justice, and Raleigh Gilbert. They and "certain knights, gentlemen, merchants, and other adventurers of the city of London and elsewhere," and "of the cities of Bristol and Exeter, and of the town of Plymouth and other places in the west," applied to James I for "his license to deduce a colony into Virginia." The king, alike from vanity, the wish to promote the commerce of Great Britain, and the ambition of acquiring new dominions, entered heartily into the great design. From the "coast of Virginia and America" he selected a territory of ten degrees of latitude, reaching from the thirty-fourth to the forty-fifth parallel, and into the backwoods without bound. For the purposes of colonization, he divided the almost limitless region equally between the two rival companies of London and of the West. The London company were to lead forth the "FIRST COLONY OF VIRGINIA" to lands south of the thirty-eighth degree; and north of the forty-first parallel the Western company was to plant what the king called "THE SECOND COLONY OF VIRGINIA." The three intermediate degrees were reserved for the eventual competition of the two companies, except that each was to possess the soil extending fifty miles north and south of its first settlement. The conditions of tenure were homage and rent; the rent was no other than one fifth of the net produce of gold and silver, and one fifteenth of copper. The right of coining money was conceded. The natives, it was hoped, would receive Christianity and the arts of civilized life. The general superintendence was confided to a council in England; the local administration of each colony to a resident council. The members of the superior council in England were appointed exclusively by the king, and were to hold office at his good pleasure. Their authority extended to both colonies, which jointly took the name of VIRGINIA. Each of the two was to have its own resident council, of which the members were from time to time to be ordained and removed according to the instructions of the king. To the king, moreover, was reserved supreme legislative authority over the several colonies, extending to their general condition and the most minute regulation of their affairs. A duty of five per cent, to be levied within their precincts, on the traffic of strangers not owing obeisance to the British crown, was, for one-and-twenty years, to be wholly employed for the benefit of the several plantations; at the end of that time was to be taken for the king. To the emigrants it was promised that they and their children should continue to be Englishmen.

Chapter 7:
Virginia Obtains Civil Liberty
George Bancroft, History of the United States, Vol.1, p.101 - p.102
It was on the tenth day of June that the restoration of the colony was begun. "Bucke, chaplain of the Somer islands, finding all things so contrary to their expectations, so full of misery and misgovernment, made a zealous and sorrowful prayer." A deep sense of the infinite mercies of Providence revived hope in the colonists who had been spared by famine, the emigrants who had been shipwrecked and yet preserved, and the new-comers who found wretchedness and want where they had expected abundance. "It is," said they, "the arm of the Lord of Hosts, who would have his people pass the Red sea and the wilderness, and then possess the land of Canaan." "Doubt not," said the emigrants to the people of England, "God will raise our state and build his church in this excellent clime." Lord Delaware caused his commission to be read; and, after a consultation on the good of the colony, its government was organized with mildness but decision. The evils of faction were healed by the unity of the administration, and the dignity and virtues of the governor; and the colonists, in mutual emulation, performed their tasks with alacrity. At the beginning of the day they assembled in the little church, which was kept neatly trimmed with the wild flowers of the country; next, they returned to their houses to receive their allowance of food. The hours of labor were from six in the morning till ten, and from two in the afternoon till four. The houses were warm and secure, covered above with strong boards, and matted on the inside after the fashion of the Indian wigwams.

Chapter 17:
The Prelates and Massachusetts

George Bancroft, History of the United States, Vol.1, p.284
With regard to the concerns of religion, all the people of God who were orthodox in judgment and not scandalous in life had full liberty to gather themselves into a church estate; to exercise all the ordinances of God; and from time to time to elect and ordain all their officers, provided they be able, pious, and orthodox. For the preventing and removing of error, ministers and elders of near adjoining churches might hold public Christian conference, provided that nothing be imposed by way of authority by one or more churches upon another, but only by way of brotherly consultations.
George Bancroft, History of the United States, Vol.1, p.284 - p.285
Such were the most important of the liberties and laws: established at the end of 1641, for the government of Massachusetts. Embracing the freedom of the commonwealth, of municipalities, of persons, and of churches according to the principles of Congregationalism, "the body of liberties" exhibits the truest picture of the principles, character, and intentions of the people of Massachusetts, and the best evidence of its vigor and self-dependence.

SECTION 1. Be it ordained by the United States in Congress assembled, That the said Territory, for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.
Woodrow Wilson, History of the American People, Vol.3, p.301 - p.302
SEC. 2. Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children and the descendants of a deceased child in equal parts, the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioued, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers, shall be appointed for that purpose; and personal property may be transferred by delivery, sailing, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and cilstons now in force among them, relative to the descent and conveyance of property.
Woodrow Wilson, History of the American People, Vol.3, p.302
SEC. 3. Be it ordained by the authority aforesaid, That there shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office.
Woodrow Wilson, History of the American People, Vol.3, p.306
SEC. 14. It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit:
Woodrow Wilson, History of the American People, Vol. 3, Pg.307 - Pg.308
ARTICLE III.
Religion, morality, and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.

Woodrow Wilson, History of the American People, Vol.3, p.310
Be it ordained by the authority aforesaid, That the resolutions of the 23rd of April, 1784, relative to the subject of this ordinance, be, and the same are hereby, repealed, and declared null and void.
Woodrow Wilson, History of the American People, Vol.3, p.310
Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth.

William Jackman, History of the American Nation, Vol.2, p.425
It was suggested that it would be becoming to open their sessions with prayer. This proposition was thought by some to be inexpedient, since perhaps the delegates could not all join in the same form of worship. At length Samuel Adams, who was a strict Congregationalist, arose and said: "I will willingly join in prayer with any gentleman of piety and virtue, whatever may be his cloth, provided he is a friend of his country." On a motion, the Rev. Mr. Duche, a popular Episcopal clergyman, of Philadelphia, was invited to officiate as chaplain. Mr. Duche accepted the invitation. A rumor, in the mean time, reached Philadelphia that General Gage had bombarded Boston. When the Congress assembled the next morning, anxiety and sympathy were depicted on every countenance. The rumor, though it proved to be false, excited feelings of brotherhood, hitherto unknown.
William Jackman, History of the American Nation, Vol.2, p.425 - p.426
The chaplain read the thirty-fifth psalm, and then, carried away by his emotions, burst forth into an extemporary prayer to the Lord of Hosts to be their helper. "It seemed," says John Adams, in a letter to his wife, "as if Heaven had ordained that psalm to be read on that morning. He prayed, in language eloquent and sublime, for America for the Congress, for the province of Massachusetts Bay, and especially for the town of Boston. It has had an excellent effect upon everybody here."

William Jackman, History of the American Nation, Vol.3, p.656 - p.657
The people, though thus engaged in moulding their political institutions, did not neglect to conform their systems of ecclesiastical government to the new order of things. The Revolution had changed the relation of the religious denominations to the State. In New England, Congregationalism was the established religion, and every citizen was required to aid in the support of some church. In all the southern colonies the Episcopal Church was equally favored, and partially so in New York and New Jersey. Only in Pennsylvania, Rhode Island, and Delaware, were all the Protestant sects On an equality, as to their religious rights.
William Jackman, History of the American Nation, Vol.3, p.657
The Episcopal Church was more disorganized than any other. It had hitherto been attached to the diocese of the Bishop of London, but now that authority was not recognized.
William Jackman, History of the American Nation, Vol.3, p.657
As yet there was no American bishop, and no means to obtain the consecration of any clergyman to that office, except by English bishops. Accordingly the Reverend Samuel Seabury, of Connecticut, at the request of the Episcopalians of that State, visited England to obtain ordination as a bishop. But the English bishops were prevented by law of Parliament from raising anyone to that dignity, who did not take the oaths of allegiance, and acknowledge the King as head of the Church. Seabury then applied to the non-juring bishops of the Episcopal Church of Scotland, by whom he was ordained. Some Episcopalians, however, were not satisfied with an ordination at the hands of the Scottish bishops.
William Jackman, History of the American Nation, Vol.3, p.657 - p.658
A convention of delegates, from several States, met and formed a constitution for the "Protestant Episcopal Church in the United States of America." After some revision this constitution was adopted by conventions in the separate States. Titles were changed in order to conform to republicanism; such as "Lord Bishop," and all such as were "descriptive of temporal power and precedency." The Liturgy for the same reason was modified. A friendly letter was addressed to the English bishops, requesting at their hands ordination of American bishops. An Act of Parliament gave the desired authority, and William White of Philadelphia, Samuel Provost of New York, and James Madison of Virginia, were thus ordained. Soon after these ordinations, a General Convention ratified the constitution, and the organization of the Episcopal Church in the United States was complete.
William Jackman, History of the American Nation, Vol.3, p.658
About this time came Thomas Coke, as superintendent or bishop in the Methodist Episcopal Church. He had been an able laborer with Wesley, by whom he was ordained to that office. This sect spread very rapidly, especially in the south; in that section of the country were a great many vacant parishes, which belonged to the Episcopal Church, numbers of whose clergymen left the country during the troubles of the Revolution. At this time the denomination did not number more than ninety preachers, and fifteen thousand members.
William Jackman, History of the American Nation, Vol.3, p.658
The institutions of the Congregational and Presbyterian Churches required no change to adapt them to the new order of things.

The Real Benjamin Franklin, p.416
LAWS, Should Be Uniformly Administered.—The ordaining of laws in favor of one part of the nation, to the prejudice and oppression of another, is certainly the most erroneous and mistaken policy.—Smyth 6:290. (1774.)

The Real Benjamin Franklin, p.473
REPARATION, God's Law Preferable to English Code of Criminal Justice.—The English author is for hanging all thieves. The Frenchman is for proportioning punishments to offenses.
The Real Benjamin Franklin, p.473
If we really believe, as we profess to believe, that the law of Moses was the law of God, the dictate of divine wisdom infinitely superior to human; on what principles do we ordain death as the punishment of an offense which, according to that law, was only to be punished by a restitution fourfold? To put a man to death for an offense which does not deserve death, is it not murder?—Smyth 9:292. (1785.)
The Real Benjamin Franklin, p.473
REPARATION, Is God's Form of Justice.—I see in the last newspaper from London that a woman is capitally convicted at the Old Bailey, for privately stealing out of a shop some gauze, value 14 shillings and threepence; is there any proportion between the injury done by a theft, value 14/3, and the punishment of a human creature by death on a gibbet? Might not that woman, by her labor, have made the reparation ordained by God, in paying fourfold? Is not all punishment [p.474] inflicted beyond the merit of the offense so much punishment of innocence? In this light, how vast is the annual quantity of not only injured, but suffering innocence, in almost all the civilized states of Europe!—Smyth 9:294. (1785.)

Compare Adams with Madison: