wn legislatures to legislate, and
that under this head came taxation.
Says Story:[1] "Perhaps the best summary of the rights and liberties
asserted by all the colonies is contained in the celebrated declaration
drawn up by the Congress of nine colonies assembled at New York in
October, 1765 (Stamp Act Congress). That declaration asserted that the
colonists 'owe the same allegiance to the Crown of Great Britain that is
owing from his subjects born within the realm, and all due subordination
to that august body, the parliament of Great Britain,' That the
colonists 'are entitled to all the inherent rights and liberties of his
(the King's) natural born subjects within the kingdom of Great Britain.
That it is inseparably essential to the freedom of a people, and the
undoubted rights of Englishmen, that no taxes be imposed on them but
with their own consent given personally or by their representatives.'
That the 'people of the colonies are not, and from their local
circumstances cannot be represented in the House of Commons of Great
Britain. That the only representatives of these colonies are persons
chosen by themselves therein; and that no taxes ever have been or can be
constitutionally imposed upon them but by their respective legislatures,
and that trial by jury is the inherent and invaluable right of every
British subject in these colonies.'"
[Footnote 1: _Commentaries_, Vol. I, p. 175.]
In opposition to these views, the English government held that
Parliament had the authority to bind the colonies in all matters
whatsoever, and that there were no vested rights possessed by the
colonies, that could not be altered or annulled if Parliament so
desired.
At the beginning of the Revolutionary War, complete independence was not
claimed by the colonies. It was not until July 4, 1776, that they were
driven to a declaration of full and entire independence and
self-government. By this declaration the colonies threw off their
colonial character, and assumed the position of states. This they did by
simply taking into their own hands the powers previously exercised by
the English King and Parliament. In the state constitutions which many
colonies formed during the year, their old colonial forms of government
were closely followed. Connecticut and Rhode Island, in fact, merely
declared their allegiance to England absolved, and retained unchanged
their old charters as their fundamental law. In Connecticut no other
state consti
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