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Colonization Sir William Blackstone Colonization Sir William Blackstone (1723 – 1780) William Blackstone was an English Jurist, a professor of law at Oxford, and Solicitor General to the Queen. Before Blackstone joined the faculty, English universities had focused exclusively on the study of Roman law. Blackstone authored Commentaries on the Laws of England widely regarded as the most complete and readable commentary on English law. The Supreme Court often references Blackstone’s writing as a source for determining the intent of the Founders when interpreting the Constitution. Thomas Hooker (1586-1647) Born in England in 1586, Thomas Hooker was raised in an ultra-conservative period in English history. After receiving degrees at Cambridge University, Thomas Hooker became a preacher whose sermons clashed with the established Church of England. He was eventually forced to leave England. He lived in Massachusetts and later founded the colony of Connecticut where he established a highly successful church in what is now Hartford, Connecticut. He aided in the adoption of the Fundamental Orders of Connecticut in 1639. Believing in the principle of equality for all mankind, Hooker is sometimes called “the father of American democracy.” Hooker advanced a more democratic view, favoring the vote for all men, regardless of any religious or property qualifications. Anne Hutchinson (1591-1643) Anne Hutchinson stood up to a religious theocracy (where the church and the government are the same) in defense of religious liberty. A well-educated minister’s daughter, Hutchinson was born in England in 1591 and came to the Massachusetts Bay Colony in 1634. She became a midwife, and she made friends. Soon she began to invite women to her home for Bible study. Over the years, Hutchinson attracted a following. Almost sixty people, both men and women, joined her group. The discussions at her home soon became more like sermons where she criticized the teachings of the colony’s ministers. For anyone—and especially a woman—to go against the official religion of the colony was a crime. Colony ministers charged Hutchinson with eighty-two “erroneous opinions.” But she did not keep silent. She courageously defended her beliefs. In the end, Hutchinson was convicted and banished to the colony of Rhode Island. Hutchinson’s struggle affirmed the values of respect and religious liberty. In 1789, the Constitution banned religious tests for public office; the First Amendment, adopted in 1791, stopped the federal government from establishing a national church; finally, all the states ended their official churches by the early 19th century. Hutchinson’s early struggle helped lay the foundation for religious liberty. William Penn (1644-1718) William Penn was born in England to a prominent Anglican family, and endured persecution when he came a Quaker. He was arrested and imprisoned for expressing his beliefs. Penn was determined to found a new Quaker settlement in America where religious toleration would flourish. With land given to him by the King as payment for debts owed his father, Penn founded Pennsylvania (named after his father) in 1681. Writing the colonial charter and making plans from across the Atlantic in England, Penn wrote to the colony’s residents about his belief that just government relies on the consent of the governed: “You shall be governed by laws of your own making…” He ensured rights such as jury trials, freedom of assembly and freedom of religion for all Christians were included in the charter. Penn’s commitment to moderation was evident in the colony’s criminal code. At a time when other colonies punished religious dissenters with death and English law provided the death penalty for offenses like robbery, Pennsylvania reserved the death penalty for the crimes of murder and treason only. The government also included precursors to the Constitution including separation of powers and republican government. On his first visit to Pennsylvania in 1682, Penn founded the city of Philadelphia. In negotiating with Indians, he always treated them with respect and paid a fair price for land. On his second visit in 1701, a new constitution for the colony was written that endured until the Revolutionary War. A bell was cast in 1751 for the 50th anniversary of that document, on which was inscribed a Biblical verse: “Proclaim liberty throughout the land unto all the inhabitants thereof.” This bell, now known as the Liberty Bell, hangs in Independence Hall in Philadelphia. Thomas Jefferson called Penn “the greatest law-giver the world has produced.” John Peter Zenger (1697-1746) John Peter Zenger was a German immigrant who settled in New York and became a publisher. He printed the first political newspaper in the country called the New York Weekly Journal. Its pages contained criticism of the New York governor, charging that he was threatening the “liberties and properties” of the people, and that he had violated the rules of his office. In response, the governor ordered the newspapers burned and had Zenger arrested for “seditious libel.” Zenger’s bail was set extremely high and he spent nine months in jail. At his trial, Zenger complained that the three judges on the bench had all been appointed by the governor. In response, the judges disbarred (or disqualified) Zenger’s lawyers. Philadelphia lawyer Andrew Hamilton then took the case. Hamilton argued that the law defining “seditious libel” was unjust, because it was irrelevant whether the objectionable printed statements were true or false. Since what Zenger printed was true, Hamilton argued, the jury should set him free. He asserted the importance of a free press in society, which ought to have “a liberty both of exposing and opposing tyrannical power by speaking and writing truth.” The jury agreed and set aside the law, acquitting Zenger. In addition to the principles of press freedom expressed by Hamilton, the Zenger case illustrates the importance of protections such as jury trials, due process, and prohibitions on excessive bail. Revolution/Declaration of Independence Abigail Adams (1744-1818) Abigail Adams was born in Massachusetts, a descendant of the distinguished Quincy family. She married young lawyer John Adams in 1764. They settled on a farm in Braintree, Massachusetts. The couple had four surviving children, including son John Quincy Adams. Abigail raised the children and ran the farm while John traveled as a circuit judge and later while he served overseas. She and John corresponded through their long separations and her letters tell of her loneliness, but she persevered with courage and industry. Abigail often shared her views with John on political matters. She famously requested that the members of the Continental Congress, “I long to hear that you have declared an independency. And, by the way, in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the husbands. Remember, all men would be tyrants if they could. If particular care and attention is not paid to the ladies, we are determined to foment a rebellion, and will not hold ourselves bound by any laws in which we have “no voice or representation.” She also told John that she believed there was a need for the Alien and Sedition Acts. John Adams (1735-1826) John Adams was born in Massachusetts, the second cousin of Samuel Adams. He began his law practice after graduating from Harvard. A defining moment in his young life was watching James Otis’s courtroom challenge of British writs of assistance, which was based on natural rights theory. The speech filled Adams with zeal for liberty, and Adams would remember it into his old age. Willing to take unpopular stands, Adams courageously defended the British soldiers accused in the Boston Massacre. Advising the courtroom to avoid relying on passion as a guide, he emphasized that “Facts are stubborn things.” Adams drafted the Massachusetts Constitution and Declaration of Rights and served in the Continental Congress where he was a leading advocate of independence. He seconded the Lee Resolution and served on the committee to draft the Declaration of Independence (though the writing was done by Thomas Jefferson). He signed the Treaty of Paris with Benjamin Franklin and John Jay, and completed diplomatic missions in Europe. He was serving overseas as the Constitution was being drafted. He and his friend Jefferson wrote to James Madison urging the addition of a bill of rights. Adams served as the country’s first Vice President under George Washington from 1789- 1797. He was elected the second President of the United States in 1796. As President, he kept the United States out of war with France but signed the controversial and probably unconstitutional Alien and Sedition Acts to do so. He also signed the Judiciary Act of 1801. Six months before he died, Adams’ son John Quincy Adams became the sixth president of the United States. Adams died fifty years to the day after the adoption of the Declaration of Independence. Samuel Adams (1722-1803) Samuel Adams was born in Massachusetts, the second cousin of John Adams. He worked at various businesses after graduating from Harvard. During the 1760s, Adams became a leader of Patriot resistance to the British government’s attempts to tax the colonies. Adams organized the Sons of Liberty with James Otis and John Hancock. This group took the lead in resisting the Stamp Act and Townshend Duties. Adams was soon famous throughout the colonies. In 1772 Adams authored “The Rights of the Colonists,” which appealed to the concepts of the rights of Englishmen and natural rights theory. When Parliament passed the Tea Act, Adams organized the Boston Tea Party. In this nighttime raid, 150 members of the Sons of Liberty dumped 342 chests of British Tea into Boston Harbor.
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