[Sidenote: In all three forms there was a representative assembly, which alone could impose taxes.] These differences, it will be observed, related to the character and method of filling the governor's office. In the Republican colonies the governor naturally represented the interests of the people, in the Proprietary colonies he was the agent of the Penns or the Calverts, in the Royal colonies he was the agent of the king. All the thirteen colonies alike had a legislative assembly elected by the people. The basis of representation might be different in different colonies, as we have seen that in Massachusetts the delegates represented townships, whereas in Virginia they represented counties; but in all alike the assembly was a truly representative body, and in all alike it was the body that controlled the expenditure of public money. These representative assemblies arose spontaneously because the founders of the American colonies were Englishmen used from time immemorial to tax themselves and govern themselves. As they had been wont to vote for representatives in England, instead of leaving things to be controlled by the king, so now they voted for representatives in Maryland or New York, instead of leaving things to be controlled by the governor. The spontaneousness of all this is quaintly and forcibly expressed by the great Tory historian Hutchinson, who tells us that in the year 1619 a house of burgesses broke out in Virginia! as if it had been the mumps, or original sin, or any of those things that people cannot help having.
[Sidenote: The governor's council was a kind of upper house.] This representative assembly was the lower house in the colonial legislatures. The governor always had a council to advise with him and assist him in his executive duties, in imitation of the king's privy council in England. But in nearly all the colonies this council took part in the work of legislation, and thus sat as an upper house, with more or less power of reviewing and amending the acts of the assembly. In Pennsylvania, as already observed, the council refrained from this legislative work, and so, until some years after the Revolution, the Pennsylvania legislature was one-chambered. The members of the council were appointed in different ways, sometimes by the king or the lord proprietary, or, as in Massachusetts, by the outgoing legislature, or, as in Connecticut, they were elected by the people.
[Sidenote: The colonial government was like the English system in miniature.] Thus all the colonies had a government framed after the model to which the people had been accustomed in England. It was like the English system in miniature, the governor answering to the king, and the legislature, usually two-chambered, answering to parliament. And as quarrels between king and parliament were not uncommon, so quarrels between governor and legislature were very frequent indeed, except in Connecticut and Rhode Island. The royal governors, representing British imperial ideas rather than American ideas, were sure to come into conflict with the popular assemblies, and sometimes became the objects of bitter popular hatred. The disputes were apt to be concerned with questions in which taxation was involved, such as the salaries of crown officers, the appropriations for war with the Indians, and so on. Such disputes bred more or less popular discontent, but the struggle did not become flagrant so long as the British parliament refrained from meddling with it.
[Sidenote: The Americans never admitted the supremacy of parliament;] The Americans never regarded parliament as possessing any rightful authority over their internal affairs. When the earliest colonies were founded, it was the general theory that the American wilderness was part of the king's private domain and not subject to the control of parliament. This theory lived on in America, but died out in England. On the one hand the Americans had their own legislatures, which stood to them in the place of parliament. The authority of parliament was derived from the fact that it was a representative body, but it did not represent Americans. Accordingly the Americans held that the relation of each American colony to Great Britain was like the relation between England and Scotland in the seventeenth century. England and Scotland then had the same king, but separate parliaments, and the English parliament could not make laws for Scotland. Such is the connection between Sweden and Norway at the present day; they have the same king, but each country legislates for itself. So the American colonists held that Virginia, for example, and Great Britain had the same king, but each its independent legislature; and so with the other colonies,—there were thirteen parliaments in America, each as sovereign within its own sphere as the parliament at Westminster, and the latter had no more right to tax the people of Massachusetts than the Massachusetts legislature had to tax the people of Virginia.
In one respect, however, the Americans did admit that parliament had a general right of supervision over all parts of the British empire.[6] Maritime commerce seemed to be as much the affair of one part of the empire as another, and it seemed right that it should be regulated by the central parliament at Westminster. Accordingly the Americans did not resist custom-house taxes as long as they seemed to be imposed for purely commercial purposes; but they were quick to resist direct taxation, and custom-house taxes likewise, as soon as these began to form a part of schemes for extending the authority of parliament over the colonies.
[Footnote 6: except in the regulation of maritime commerce.]
In England, on the other hand, this theory that the Americans were subject to the king's authority but not to that of parliament naturally became unintelligible after the king himself had become virtually subject to parliament.[7] The Stuart kings might call themselves kings by the grace of God, but since 1688 the sovereigns of Great Britain owe their seat upon the throne to an act of parliament.
[Footnote 7: In England there grew up the theory of the imperial supremacy of parliament.]
To suppose that the king's American subjects were not amenable to the authority of parliament seemed like supposing that a stream could rise higher than its source. Besides, after 1700 the British empire began to expand in all parts of the world, and the business of parliament became more and more imperial. It could make laws for the East India Company; why not, then, for the Company of Massachusetts Bay?
[Sidenote: Conflict between the British and the American theories was precipitated by George III.] Thus the American theory of the situation was irreconcilable with the British theory, and when parliament in 1765, with no unfriendly purpose, began laying taxes upon the Americans, thus invading the province of the colonial legislatures, the Americans refused to submit. The ensuing quarrel might doubtless have been peacefully adjusted, had not the king, George III., happened to be entertaining political schemes which were threatened with ruin if the Americans should get a fair hearing for their side of the case.[8] Thus political intrigue came in to make the situation hopeless. When a state of things arises, with which men's established methods of civil government are incompetent to deal, men fall back upon the primitive method which was in vogue before civil government began to exist. They fight it out; and so we had our Revolutionary War, and became separated politically from Great Britain. It is worthy of note, in this connection, that the last act of parliament, which brought matters to a crisis, was the so-called Regulating Act of April, 1774, the purpose of which was to change the government of Massachusetts. This act provided that members of the council should be appointed by the royal governor, that they should be paid by the crown and thus be kept subservient to it, that the principal executive and judicial officers should be likewise paid by the crown, and that town-meetings should be prohibited except for the sole purpose of electing town officers. Other unwarrantable acts were passed at the same time, but this was the worst. Troops were sent over to aid in enforcing this act, the people of Massachusetts refused to recognize its validity, and out of this political situation came the battles of Lexington and Bunker Hill.