Rights |
---|
Theoretical distinctions |
Human rights |
Rights by beneficiary |
Other groups of rights |
The "rights of Englishmen" are the traditional rights of English subjects and later English-speaking subjects of the British Crown.
In the 18th century, some of the colonists who objected to British rule in the thirteen British North American colonies that would become the first United States argued that their traditional [1] rights as Englishmen were being violated. The colonists wanted and expected the rights that they (or their forebears) had previously enjoyed in England: a local, representative government, with regards to judicial matters (some colonists were being sent back to England for trials) and particularly with regards to taxation. [2] Belief in these rights subsequently became a widely accepted justification for the American Revolution. [3] [4]
In the tradition of Whig history, Judge William Blackstone called them "The absolute rights of every Englishman". He described the Fundamental Laws of England in his influential Commentaries on the Laws of England (1765), in which he explained how they had been established slowly over centuries of English constitutional history. [5] They were certain basic rights that all subjects of the English monarch were understood to be entitled to, [5] such as those expressed in Magna Carta since 1215, the Petition of Right in 1628, the Habeas Corpus Act 1679 and the Bill of Rights 1689. [6]
In a legal case that came to be known as Calvin's Case , or the Case of the Postnati, the Law Lords decided in 1608 that Scotsmen born after King James I united Scotland and England (the postnati) had all the rights of Englishmen. This decision would have a subsequent effect on the concept of the "rights of Englishmen" in British America. [7] [8] [9]
The American colonies had since the 17th century been fertile ground for liberalism within the center of European political discourse. [10] However, as the ratification of the Declaration of Independence approached, the issue among the colonists of which particular rights were significant became divisive. George Mason, one of the Founding Fathers of the United States, stated that "We claim nothing but the liberty and privileges of Englishmen in the same degree, as if we had continued among our brethren in Great Britain." [4]
Owing to its inclusion in the standard legal treatises of the 19th century, [lower-alpha 1] Calvin's Case was well known in the early judicial history of the United States. [8] Consideration of the case by the United States Supreme Court and by state courts transformed it into a rule regarding American citizenship and solidified the concept of jus soli – the right by which nationality or citizenship can be recognised to any individual born in the territory of the related state – as the primary determining factor controlling the acquisition of citizenship by birth. [11]
The Supreme Court Justice Joseph P. Bradley asserted that the "rights of Englishmen" were a foundation of American law in his dissenting opinion on the Slaughter-House Cases, the first Supreme Court interpretation of the Fourteenth Amendment to the United States Constitution, in 1873. [lower-alpha 2]
The people of this country brought with them to its shores the rights of Englishmen, the rights which had been wrested from English sovereigns at various periods of the nation's history.... England has no written constitution, it is true, but it has an unwritten one, resting in the acknowledged, and frequently declared, privileges of Parliament and the people, to violate which in any material respect would produce a revolution in an hour. A violation of one of the fundamental principles of that constitution in the Colonies, namely, the principle that recognizes the property of the people as their own, and which, therefore, regards all taxes for the support of government as gifts of the people through their representatives, and regards taxation without representation as subversive of free government, was the origin of our own revolution.
The American Revolution was a rebellion and political movement in the Thirteen Colonies which peaked when colonists initiated an ultimately successful war for independence against the Kingdom of Great Britain. Leaders of the American Revolution were colonial separatist leaders who originally sought more autonomy as British subjects, but later assembled to support the Revolutionary War, which ended British colonial rule over the colonies, establishing their independence as the United States of America in July 1776.
The Thirteen Colonies were a group of British colonies on the Atlantic coast of North America during the 17th and 18th centuries. Grievances against the imperial government led the 13 colonies to begin uniting in 1774, and expelling British officials by 1775. Assembled at the Second Continental Congress in Philadelphia, they appointed George Washington as commander-in-chief of the Continental Army to fight the American Revolutionary War. In 1776, Congress adopted the Declaration of Independence as the United States of America. Defeating British armies with French help, the Thirteen Colonies gained sovereignty with the Treaty of Paris in 1783.
The British colonization of the Americas is the history of establishment of control, settlement, and colonization of the continents of the Americas by England, Scotland, and, after 1707, Great Britain. Colonization efforts began in the late 16th century with failed attempts by England to establish permanent colonies in the North. The first of the permanent English colonies in the Americas was established in Jamestown, Virginia, in 1607. Colonies were established in North America, Central America, South America, and the Caribbean. Though most British colonies in the Americas eventually gained independence, some colonies have remained under Britain's jurisdiction as British Overseas Territories.
The Stamp Act 1765, also known as the Duties in American Colonies Act 1765, was an Act of the Parliament of Great Britain which imposed a direct tax on the British colonies in America and required that many printed materials in the colonies be produced on stamped paper from London which included an embossed revenue stamp. Printed materials included legal documents, magazines, playing cards, newspapers, and many other types of paper used throughout the colonies, and it had to be paid in British currency, not in colonial paper money.
The Commentaries on the Laws of England are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford between 1765 and 1769. The work is divided into four volumes, on the rights of persons, the rights of things, of private wrongs and of public wrongs.
The Intolerable Acts, sometimes referred to as the Insufferable Acts or Coercive Acts, were a series of five punitive laws passed by the British Parliament in 1774 after the Boston Tea Party. The laws aimed to punish Massachusetts colonists for their defiance in the Tea Party protest of the Tea Act, a tax measure enacted by Parliament in May 1773. In Great Britain, these laws were referred to as the Coercive Acts. They were a key development leading to the outbreak of the American Revolutionary War in April 1775.
A writ of assistance is a written order issued by a court instructing a law enforcement official, such as a sheriff or a tax collector, to perform a certain task. Historically, several types of writs have been called "writs of assistance". Most often, a writ of assistance is "used to enforce an order for the possession of lands". When used to evict someone from real property, such a writ is also called a writ of restitution or a writ of possession. In the area of customs, writs of assistance date from Colonial times. They were issued by the Court of Exchequer to help customs officials search for smuggled goods. These writs were called "writs of assistance" because they called upon sheriffs, other officials, and loyal subjects to "assist" the customs official in carrying out his duties.
The governments of the Thirteen Colonies of British America developed in the 17th and 18th centuries under the influence of the British constitution. After the Thirteen Colonies had become the United States, the experience under colonial rule would inform and shape the new state constitutions and, ultimately, the United States Constitution.
"No taxation without representation" is a political slogan that originated in the American Revolution and which expressed one of the primary grievances of the American colonists for Great Britain. In short, many colonists believed that as they were not represented in the distant British parliament, any taxes it imposed on the colonists were unconstitutional and were a denial of the colonists' rights as Englishmen since the Magna Carta.
The American Enlightenment was a period of intellectual and philosophical fervor in the thirteen American colonies in the 18th to 19th century, which led to the American Revolution and the creation of the United States. The American Enlightenment was influenced by the 17th- and 18th-century Age of Enlightenment in Europe and distinctive American philosophy. According to James MacGregor Burns, the spirit of the American Enlightenment was to give Enlightenment ideals a practical, useful form in the life of the nation and its people.
Patriots, also known as Revolutionaries, Continentals, Rebels, or Whigs, were colonists in the Thirteen Colonies who opposed the Kingdom of Great Britain's control and governance during the colonial era, and supported and helped launch the American Revolution that ultimately established American independence. Patriot politicians led colonial opposition to British policies regarding the American colonies, eventually building support for the adoption of the Declaration of Independence, which was adopted unanimously by the Second Continental Congress on July 4, 1776. After the American Revolutionary War began the year before, in 1775, many patriots assimilated into the Continental Army, which was commanded by George Washington and which secured victory against the British Army, leading the British to acknowledge the sovereign independence of the colonies, reflected in the Treaty of Paris, which led to the establishment of the United States in 1783.
The concept of virtual representation was that the members of the UK Parliament, including the Lords and the Crown-in-Parliament, reserved the right to speak for the interests of all British subjects, rather than for the interests of only the district that elected them or for the regions in which they held peerages and spiritual sway. Virtual representation was the British response to the First Continental Congress in the American colonies. The Second Continental Congress asked for representation in Parliament in the Suffolk Resolves, also known as the first Olive Branch Petition. Parliament claimed that their members had the well being of the colonists in mind. The patriots in the Colonies rejected this premise.
A charter is a document that gives colonies the legal rights to exist. Charters can bestow certain rights on a town, city, university, or other institution.
In political philosophy, the right of revolution is the right or duty of a people to "alter or abolish" a government that acts against their common interests or threatens the safety of the people without justifiable cause. Stated throughout history in one form or another, the belief in this right has been used to justify various revolutions, including the American Revolution, French Revolution, the Russian Revolution, and the Iranian Revolution.
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation. Reception statutes generally consider the English common law dating prior to independence, as well as the precedents originating from it, as the default law because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state.
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens.
Nationality law in the American colonies preceding the Articles of Confederation was a decentralized early attempt to develop the concept of citizenship among colonial settlers with respect to the major colonial powers of the period. Precedent was largely based on English common law, with jurisdictional discretion afforded to each of the colonies in accordance with the principles of self-governance.
Calvin's Case (1608), 77 ER 377, (1608) Co Rep 1a, also known as the Case of the Postnati, was a 1608 English legal decision establishing that a child born in Scotland, after the Union of the Crowns under King James VI and I in 1603, was considered under the common law to be an English subject and entitled to the benefits of English law. Calvin's Case was eventually adopted by courts in the United States, and the case played an important role in shaping the American rule of birthright citizenship via jus soli.
Birthright is the concept of things being due to a person upon or by fact of their birth, or due to the order of their birth. These may include rights of citizenship based on the place where the person was born or the citizenship of their parents, and inheritance rights to property owned by parents or others.
The 27 grievances is a section from the United States Declaration of Independence. The Second Continental Congress's Committee of Five drafted the document listing their grievances with the actions and decisions of King George III with regard to the Colonies in North America. The Second Continental Congress voted unanimously to adopt and issue the Declaration of Independence on July 4, 1776.
It is true that the colonists had insisted that they were seeking "the rights of Englishmen", but insisting upon this in the face of rulers who declare that colonists do not have such rights is revolutionary, though the rights themselves might not be new.
As long as the rights of Englishmen remained the goal, most Americans warmly supported the patriot leaders; when the rights of Americans and independence Great Britain were put forward, the colonists began to divide into hostile camps.
[The American colonists' position depended] not on natural law, but on traditional notions of the rights of Englishmen, the royal charters of the separate colonies and especially on 'long standing constitutional custom'.
{{cite encyclopedia}}
: CS1 maint: location (link)