The first elected representative legislature in America was that which met at Jamestown, Virginia, in 1619. The colonies of Southern New England started with primary assemblies, from which representative assemblies were soon developed. In New York the first true legislature was assembled in 1683. In general the colonial legislatures were modelled on the British Parliament, the procedure of which they followed closely. To king, lords and commons corresponded the governor, the council appointed by him, and the representatives of the people, variously called house of burgesses, house of delegates, assembly, or house of representatives. These last were elected by voters having a property qualification, two members or more for each county in the Middle and Southern States, one or two from each town in New England.
The American Revolution broke up the upper houses or councils, and the new constitutions substituted what in Virginia (1776) and then in the other States was called a senate. Pennsylvania and Georgia had at first legislatures of but one house. The legislatures of the Southern States were generally given the power to choose the governor. The Constitution of 1787 gave the State Legislatures the right to choose US Senators. All the amendments to the Federal Constitution have been ratified by them. During the later half of the 19th century it was generally felt that State Legislatures had been declining in excellence during the last two generations, state constitutions having imposed more and more restrictions upon their action. Research American Legislature
The Cherokee Nation v Georgia was an important case heard before the US Supreme Court, and decided in 1831. By the Hopewell treaty of 1785 the United States recognized the Cherokees as a nation capable of making peace and war, of governing its citizens and of owning and governing its lands. About 1826 the Georgia Legislature through Governor Troup declared these treaties not. binding upon the State, on the ground that Georgia and the Federal Government were equal and independent powers, and that disputes between them could not be decided by the Supreme Court, but by negotiation.
In 1830 an act was passed by the Georgia Legislature authorizing a survey and apportionment of the Cherokeelands within the State, their gold mines were seized and they were considered under the Slaters dominion, thus ousting the Cherokees from the lands solemnly guaranteed by the United States. The Cherokees. applied to President Jackson without success. Then they tried the Supreme Court. This court decided them not a foreign State, capable of maintaining an action in the court, but a domestic, dependent nation. The injunction was refused and the Cherokees relegated to the mercy of Georgia. Later, in the case of Worcester v Georgia, State authority in such matters was denied by the Supreme Court, Federal treaties being declared to have precedence. Research Cherokee Nation v Georgia
The Chisholm Case was a legal proceeding in the USA that eventually led, through the enactment of the 11th Amendment to the US. Constitution, to a limitation on the jurisdiction of the federal courts. Decided in 1793 by the US. Supreme Court, the case of Chisholm v. Georgia (2 Dallas 419) was brought against the state of Georgia by Alexander Chisholm, a citizen of South Carolina, regarding an inheritance of which he was the legatee. The Supreme Court took jurisdiction under ArticleIII, Section 2, of the Constitution, which confers jurisdiction on the federal courts in cases between a state and citizens of another state. Georgia challenged both the right of citizens to sue state governments and the jurisdiction of the Supreme Court in such cases. The Supreme Court ruling affirmed the jurisdiction of the courts.
On March the 5th, 1794, Congress passed the 11th Amendment, which was ratified on February the 7th, 1795. It removed from the jurisdiction of the federal courts cases in which a citizen of one state is the plaintiff and the government of another state is the defendant; it limited the jurisdiction of the federal courts to cases in which the government of a state is the plaintiff and the citizen of another state is the defendant. Research Chisholm Case
A colony is a settlement formed in one country by the inhabitants of another. Colonies may either be formed in dependence on the mother country or in independence. In the latter case the name of colony is retained only in a historical sense. Properly, perhaps, the term should be limited to a settlement which carries on a direct cultivation of the soil, as in the former British colonies of Canada and Australia in contrast to the former in Hindustan or Malta which were the mere superposition on the natives of a ruling race which took little or no part in the general industry of the country.
The motives which lead to the formation of colonies, and the manner of their formation, are various. Sometimes the ambition of extending territory and the desire of increasing wealth have been the chief impulses in colonization; but colonies became a necessity for the redundant population of European states in the 19th century.
Among ancient nations the principal promoters of colonization were the Phoenicians, the Greeks, and the Romans; the greatest colonizers in modern times have been the English and the Spaniards, next to whom may be reckoned the Portuguese, the Dutch, and the French. The Germans during the 19th century contributed largely to the tide of emigration, particularly in the direction of America;
but did little directly as colonizers.
The Phoenician colonies were partly caused by political dissensions and redundant population, but were chiefly commercial, serving as entrepots and ports of repair for Phoenician commerce along the coasts of Africa and Spain, in the latter of which they numbered, according to Strabo, more than two hundred. But it was in Africa that the most famous arose, Carthage, the greatest colonizing state of the ancient world.
The Greek colonies, which were widely spread in Asia Minor and the islands of the Mediterranean, the coasts of Macedonia and Thrace, in South Italy and Sicily, were commonly independent, and frequently soon surpassed the mother states in power and importance.
The colonies of Rome were chiefly military, and while the empire lasted were all in strict subordination to the central government. As the Roman power declined the remains of them amalgamated with the peoples among whom they were placed, thus forming in countries where they were sufficiently strong what are known as the Latin races, with languages (Spanish, Portuguese, French, and Italian) which are merely modifications of the old Roman tongue.
Before America and the way by sea to the East Indies were discovered, the only colonies belonging to European states were those of the Genoese, Pisans, and Venetians in the Levant and the Black Sea, flourishing establishments on which the mercantile greatness of Italy in those days was largely built.
The Portuguese were the first great colonizers among modern states. In 1419 they discovered Madeira, the Azores, and the Cape Verde Islands; the Congo and the Cape of Good Hope followed; and before the century was out Vasco de Gama had landed at Calicut on the Malabar coast of India. The first Portuguese colonies were garrisons along the coasts where they traded: Mozambique and Sofala on the east coast of Africa, Ormuz and Muscat in the Persian Gulf, Goa and Damao on the west coast of India. Colonies were established in Sri Lanka in 1505, in the Moluccas in 1510. Brazil was discovered in 1499, and this magnificent possession fell to Portugal, and was colonized about 1530. Bad government at home and the subjection of the country to Spain caused the loss of most of the Portuguese colonies.
Soon after the Portuguese the Spaniards commenced the work of colonization. In 1492 Columbus, on board of a Spanish vessel, discovered the island of San Salvador. Haiti, or San Domingo, Porto Rico, Jamaica, and Cuba were soon colonized, and before the middle of the 16th century Mexico, Ecuador, Venezuela, New Granada (Colombia), Peru, and Chili were subdued, and Spain took the first rank amongst the colonizing powers of Europe. But the Spaniards never really attempted to develop the industrial resources of the subject countries. The pursuit of mining for gold or silver occupied the colonists almost exclusively, and the enslaved natives were driven to work themselves to death in the mines. Cities were founded, at first along the coasts, for the sake of commerce and as military posts; afterwards also in the interior, in particular in the vicinity of the mines, as Vera Cruz, Cumana, Porto Bello, Carthagena, Valencia, Caracas; Acapuico and Panama, on the coast of the Pacific; Lima, Goncepcion, and Buenos Aires. The colonial intercourse with Spain was confined to the single port of Seville, afterwards to that of Cadiz, from which two squadrons started annually - the galleons, about twelve in number, for Porto Bello; and the fleet, of fifteen large vessels, for Vera Cruz. When the power of Spain declined, the colonies declared their independence, and thus were formed the republics of Mexico, Venezuela, Colombia, Ecuador, Peru, Bolivia, Chili, etc. Cuba, Porto Rico, and the Philippine Islands passed to the United States in 1898; the Caroline Islands, etc, were sold to Germany in 1899; and by 1900 hardly any colony remained to Spain.
The hate of Philip II, who prohibited Dutch vessels from the port of Lisbon, forced the Dutch to import directly from India or lose the large carrying trade they had acquired. Several companies were soon formed, and in 1602 they were united into one, the Dutch East India Company, with a monopoly of the East Indiatrade and sovereign powers over all conquests and colonies in India. The Dutch now rapidly deprived the Portuguese of nearly all their East Indian territories, settled a colony at the Cape of Good Hope in 1650, established a West India Company, made extensive conquests in Brazil between 1623 and 1660, which were soon lost, and more permanent ones on some of-the smaller West India Islands, as San Eustatia, Curacoa, Saba, etc. The growing power of the British and the loss of Holland's independence during the Napoleonic wars were heavy blows to the colonial power of the nation. But the Dutch still possesed numerous colonies in the East Indies at the start of the 20th century, among which the more important were Java, Sumatra, Dutch Borneo, the Molucca Islands, and part of New Guinea, also several small islands in the West Indies, and Surinam.
No colonizing power of Europe had a career of such uniform prosperity as Great Britain. The English attempts at colonization began nearly at the same time with the Dutch. After many fruitless attempts to find a north-east or north-west passage to the East Indies, English vessels found their way round the Cape of Good Hope to the East Indies in 1591. The East India Company was established in 1600. English commerce with India, however, was not at first important, and they possessed only single factories on the continent up until the beginning of the 18th century. The ruin of the Mogul Empire in India after the death of Aurengzebe in 1707 afforded the opportunity for the growth of British power, as the British and French were compelled to interfere in the contentions of the native princes and governors. The French appeared at first to maintain the superiority; but the British in turn got the upper hand, and the victory of Clive at Plassey in 1756 laid the foundation of an exclusive British sovereignty in India. By the middle of the next century the British territory embraced, with the exception of a few dependent states, nearly the whole of India, and this vast territory was still under the government of the East India Company - a mercantile company, controlled indeed by parliament, but exercising many of the most important functions of an independent sovereignty. On the suppression of the Indian mutiny in 1857-1858 the government of India was transferred to the crown by act of parliament in 1858.
The discoveries of the Cabots, following soon after the voyages of Columbus, gave the English crown a claim to North America, which, though allowed to lie dormant for nearly a century, was never relinquished, and which, in the reign of Elizabeth I, led to colonization on a large scale. Walter Raleigh's settlement on Roanoke Island (North Carolina) in 1585 failed to become permanent, but in 1607 the colonists sent out by the London Company to Chesapeake Bay founded Jamestown, on the James River, in Virginia. The next great settlement was that of the Pilgrim Fathers, who landed on the 21st of December 1620, in Massachusetts Bay. The colonization of New Hampshire, Maine, New Jersey, Connecticut and Rhode Island, soon followed. In the State of New York and the Hudson River Territory the British found the Dutch already in possession; but in 1664 they seized the colony of New Amsterdam by force, changing its name to New York in honour of James, Duke of York. Pennsylvania was founded by William Penn, and colonized with Quakers in 1682; Maryland in 1631 by a party from Virginia; Carolina in 1670 and Georgia in 1732 by colonies from England.
Colonies were early established in the West India Islands, including Barbados, half of St. Christopher's in 1625, and soon after many smaller islands. Newfoundland was taken possession of in 1583, colonized in 1621 and 1633. Canada was surrendered to Britain at the Peace of Paris in 1763. In 1764 began the disputes between Britain and its North American colonies, which terminated with the acknowledgment of the independence of the United States, Canada remaining a British dependency.
Australia was discovered in the beginning of the 17th century. The first Australasian settlements of Britain were penal colonies. New South Wales, discovered in 1770, was established as a penal colony in 1788; Tasmania (Van Diemen's Land), discovered by Tasman in 1642, followed in 1803; West Australia, also first used as a penal settlement, became a free colony in 1829; Victoria was colonized in 1835, and made an independent colony in 1851; South Australia was settled in 1836. In 1851 the discovery of gold in Victoria gave a great impetus to the Australian Colonies. Queensland was made a separate colony from N.ew South Wales in 1859. New Zealand, discovered by Tasman in 1642, began to be used for whale-fishery about 1790, was settled in 1839, and made a colony in 1840. In 1874 the Fiji Islands, and in 1884 part of New Guinea, were annexed as crown colonies. In South AfricaCape Colony, first settled by the Dutch in 1652, finally became a British colony in 1815. Natal followed in 1843. Later annexations were Bechuanaland in 1885, Zululand in 1887, Rhodesia (now Zimbabwe) in 1888-89, and the Orange River Colony and Transvaal in 1900. In Western Africa were the colonies of the Gold Coast, Gambia, and SierraLeone - ancient possessions of the British crown; with Lagos and Nigeria acquired in 1885 and after. Other possessions were British East Africa (Kenya), with Uganda and Somaliland. Gibraltar was acquired in 1704, Malta in 1800.
According to their government relations with the crown the colonies were arranged under three heads: (1.) Crown colonies, in which the crown had the entire control of legislation, while the administration was carried on by public officers under the control of the home government. (2.) Colonies possessing representative institutions but not responsible government, in which the crown had no more than a veto on legislation, but the home government retained the control of public officers. (3.) Colonies possessing representative institutions and responsible government, in which the crown had only a veto on legislation, and the home government had no control over any officer except the governor. All colonies were, however, disabled from such acts of independent sovereignty as the initiative in war, alliances, and diplomacy generally.
France was somewhat late in establishing colonies. Between 1627 and 1636 the West Indian islands of St Christopher's, Guadeloupe, and Martinique were colonized by private persons. Champlain was the pioneer of the French in the exploration of the North American continent, and founded Quebec in 1608. Colbert purchased several West India islands, as Martinique, Guadeloupe, St Lucia, etc, and sent out colonists in 1664 to Cayenne. In 1670 the East India Company formed by Colbert founded Pondicherry, which became the capital of extensive possessions in the East Indies. At the beginning of the 18th century France had extensive settlements in Canada, Nova Scotia, and Newfoundland, the most flourishing of the West India islands, and she seemed to have a prosperous career before her in India. Ere long, however, the rival interests of British and French colonists brought about a conflict which terminated in the loss of Canada and other North American possessions, as well as many of the West India Islands, while the dominion of India passed into the hands of the British.
During the 19th century Germany made an effort to take rank as a colonial power, and acquired in Africa the territories of Damaraland, Great Nama Land, etc, on the south-west coast, north of Cape Colony; the Cameroons District; a large portion of territory formerly claimed by the Sultan of Zanzibar, extending inland to Victoria Nyanza, etc; also in the Pacific a portion of New Guinea, then subsequently called Kaiser Wilhelm's Land, the BismarckArchipelago, Marshall Islands, etc.
When the newly formed United States was drawing up its constitution, disagreements occurred within the parties involved. Compromises were formed at the Convention of 1787, which was mainly divided as to whether, in the new government, one State's influence should be equal to that of any other State, or should be based on population. The plans for a Constitution submitted by Edmund Randolph, of Virginia, and William Paterson, of New Jersey, were diametrically opposed in this respect. The former favoured representation according to population in both Houses; the latter an equal vote for each State and only one House. Johnson, of Connecticut, proposed as a compromise, two Houses, an equal representation in the Senate and a proportionate one in the House. Ellsworth formally moved that this be adopted, and thus the first compromise was effected after considerable debate.
The second compromise was in regard to the regulation of commerce by Congress. It was proposed to tax both exports and imports at the discretion of Congress. C C Pinckney declared that South Carolina would not enter the Union if exports were to be taxed, since nearly the whole of her wealth lay in one article of export, rice. Hence it was decided, on August the 6th, that 'no tax or duty shall be laid by the Legislature on articles exported from any State', and on these terms the Federal control over commerce was conceded.
The Confederate States was a government formed in 1861, in North America, by seceding States. The second State to secede, Mississippi, at the time of secession, January 9, 1861, proposed a convention to form a Southern Confederacy. This provisional Congress met at Montgomery, Alabama, on February 4, with delegates present from six of the seven States - which had then seceded. It voted by States. On February 8, it adopted a provisional Constitution, and the next day choseJefferson Davis, of Mississippi, provisional President and Alexander H Stephens, of Georgia, Vice-President.
The permanent Constitution was adopted on March 11. It set forth the doctrines of State sovereignty and recognized slavery, though it forbade the slave trade. It forbade protective tariffs and Federal expenditures for internal improvements. Congress was forbidden to emit bills of credit. It could permit members of the Cabinet to speak before it. The President was empowered to veto single items in appropriation bills. His term was to be six years, and he was not to be re-elected. All the seceding States ratified the Constitution through conventions. Virginia, North Carolina, Tennessee and Arkansas seceded, and were admitted into the Confederacy. The seat of government was removed to Richmond, and Davis and Stephens were chosen again under the permanent Constitution. They were inaugurated as such on February 22, 1862.
During most of the existence of the Confederate Government, Judah P Benjamin was Secretary of State, Charles G Memminger Secretary of the Treasury, James A Seddon Secretary of War, Stephen R Mallory of the Navy and John H Reagan Postmaster-General. In this government Congress was of little account. Everything was subordinated to the energetic prosecution of the war, for which the President assumed almost dictatorial powers. Extraordinary efforts were made.
Money was obtained by means of the issue of Treasury notes, by cotton loans and by requisitions. Supplies were obtained by any means possible. Troops were obtained, finally, by conscription. The Government, though given belligerent rights by most maritime nations, could not secure any recognition of its independence. As the armies began to be more and more completely destroyed, dissensions broke out. Violent criticism of Davis prevailed. Finally, the surrender of Lee brought the Confederate Government to an end. The Federal Government of the USA never recognized its existence. Research Confederate States
The ISO (International Standards Organisation) assigns a two character code to each country name. These codes are used by Internet 'whois' databases (these two character abbreviations are the whois country codes) and also other applications.
The Declaration of Independence was made in 1776 by the 13 English colonies in North America breaking away from all allegiance to the British Crown. The Declaration was mainly the work of Thomas Jefferson. Already in December 1775 the Congress had declared itself independent of the English parliament and by this declaration had repudiated allegiance to the Crown.
Absolute separation from Great Britain was not at first contemplated by the colonies. New England favoured it, but the Southern States were opposed. The transfer of the war to the southward in May and June, 1776, brought them to this view. The North Carolina Convention took the first step toward independence by a resolution 'to concur with those in the other colonies in declaring independence', April 22, 1776. Virginia, May 17, 1776, prepared the title of the document by directing her Representatives to propose in Congress a 'Declaration of Independence'. Such a resolution was offered by Richard Henry Lee on June the 7th, 1776. This resolution was adopted on July the 2nd. Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman and Robert R Livingston were the committee appointed to draft the Declaration. The draft was formulated almost entirely by Jefferson. Before July the 1st, Pennsylvania, Maryland and New Jersey had instructed their delegates to vote against the Declaration. This instruction was rescinded, South Carolina came over to the majority, and Delaware's vote, at first divided, was in the affirmative. The Declaration was, therefore, adopted by the unanimous vote of twelve States, New York alone not voting, on July the 4th, 1776. The New York Convention afterward ratified the Declaration. The engrossed copy was signed on August the 2nd. The Declaration sets forth the rights of man and of the colonists, enumerates their grievances against the British Government, and declares 'that these united colonies are, and of right ought to be, free and independent States'.
Fletcher versus Peck was an American breach of covenant case brought before the Supreme Court in 1809 and 1810, by writ of error from the Circuit Court of Massachusetts. Peck had sold to Fletcher certain lands in the State of Georgia, which had been purchased from the State. The breach assigned was that the Legislature of Georgia had no authority to dispose of the lands. Peck had averred that the title was good and that by the Act of the Georgia Legislature of January the 7th, 1795, the State was empowered to dispose of unappropriated lands. But in 1796 this act was repealed. The Supreme Court decided that the grant of land by the State was a contract, and that the Act of 1796, impairing the obligation of this contract of 1795, was therefore unconstitutional and void. Research Fletcher Versus Peck
The Georgia Gazette was the first newspaper printed in the American state of Georgia. It was established at Savannah by James Johnston, on April the 17th, 1763, and continued publication until 1802, when its publication was suspended. Research Georgia Gazette
The Probert Encyclopaedia was designed, edited and programed by
Matt and Leela Probert
Abbreviations
Research American Legislature
