Fundamental Part Of The Law In 1776

Then as the American War for Independence began simmering down in 1782, Hector Crevecoeur described his observations of Americans and the rights that they were fighting for. These three individuals showcase the desire of European colonist to have their right of being effectively represented to be maintained by their governing body, and this desire is held constant for over a hundred years. Many colonist journeyed from Europe to America in search of new opportunities. For those that commited to the long journey, there was some degree of uncertainty about what was waiting for them across the sea.

In an attempt to help make the uncertain more certain, Robert Horne wrote A Brief Description of the Province of Carolina. Horne’s 1666 writing describes what life is like for a colonist in Carolina. More importantly though, he list “privileges” that the colonist are given.

He states, “Fifthly, They are to have a Governor and Council appointed from among themselves, to see the Laws of the Assembly put in due execution…” and, “.

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..he hath no power to lay any Tax, or make or abrogate any Law without the Consent of the Colony in their Assembly”. With this, Horne is providing potential colonist with comforting statements. By saying that the colonist will appoint their leaders, Horne is reporting that this right is protected. Colonist have to approve of any tax or law before their appointed leaders can enforce it. What Horne calls privileges are rights that regulate the conduct of the governing body. Often times, what would be expanded rights directly reflects perceived rights.

Colonists desire to have rights that protect from unwanted taxes and laws.

They want rights that ensure that their appointed governing body does not act without their approval. They desire a governing body that serves the people, not a people that serves a governing body. Being in 1666, the colonies in North America were still young. Over one-hundred years after this, colonists would start a war to ensure their governing body was operating with their approval. The American War of Independence was a war fought for many reasons. Each person that was involved had their own, personal reasons for being involved. One reason many colonists felt there was a need for war was King George III’s continual disregard for the voice of colonial leaders.

This is exemplified in the Declaration of Independence that was written by Thomas Jefferson, and signed by fifty-six members of the Second Continental Congress in 1776. Jefferson listed grievances that the colonist had with the King. He wrote about the King’s upkeep of standing armies without consent, implementing taxes without endorsement, suspending colonial legislatures, and many others. While not all colonists agreed with declaring independence, there were enough that did agree for this document to be created and for a war to start. Many colonist felt they had no voice in the distant British government.

The desire to have their rights ensured by a governing body can be seen when Jefferson says, “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed…”. He then proceeds to say that if a government fails to protect the rights of the citizens, it should be replaced by a government that can. With this, Jefferson affirms the reason for calling to be independent states. His writing can be compared to that of Horne over one-hundred years early. Both Horne and Jefferson demonstrate a desire to have rights that ensure a voice in government, and a governing body that leaves these rights untrammeled. Jefferson’s views are revolutionary in the sense that the circle right back to this central idea of the rights that protect representation in government.