Page:The general principles of constitutional law in the United States of America.djvu/66

8 the charter of King John to every freeman. They were modified and improved from age to age, by changes in the habits of thought and action among the people, by modifications in the civil and political state, by the vicissitudes of pubUc affairs, by judicial decisions, and by statutes.

The colonists claimed that this code of law accompanied them, as a standard of right and of protection in their emigration, and that it remained their law, excepting as in some particulars it was found unsuited to their circumstances in the New World. Relying upon it, they had well known and well defined rules of protection; without it, they were at the mercy of those who ruled, and, whether actually oppressed or not, were without freedom.

Violations of Constitutional Right.—The complaints of violation of constitutional right were principally directed to four points:—1. Imposing taxes without the consent of the people's representatives. 2. Keeping up standing armies in time of peace to overawe the people. 3. Denying a right to trial by a jury of the vicinage in some cases, and providing for a transportation of persons accused of crimes in America for trial in Great Britain. 4. Exposing the premises of the people to searches, and their persons, papers, and property to seizures on general warrants. If Americans were entitled to the constitutional rights of Englishmen, it was unquestionable that in these particulars their rights were invaded; but the imperial government denied that the colonists could claim rights as against the exercise of its powers.

Independence.—The sovereignty passed forever from the British Crown and Parliament when the war of the Revolution was actually begun, waged on the one side by the government of Great Britain to reduce the colonists to submission, and directed on the other side by a Continental