Conclusion: Legal and Constitutional Legacies

Author(s):  
William E. Nelson

The conclusion makes two arguments. First, it takes the position common in the historical literature that the American Revolution was a comparatively placid one, with few killings of civilians, little property destruction, and no reign of terror. It argues that the placidity was a consequence of legal continuity—the same courts, judges, and juries that had governed the colonies in 1770 in large part continued to govern the new American states in 1780. During the course of the War of Independence itself, legal and constitutional change occurred almost entirely at the top, and, except in the few places occupied by the British military, life went on largely as it always had. The conclusion also argues that old ideas of unwritten constitutionalism persisted during and after the Revolution, but that a new idea that constitutions should be written to avoid ambiguity emerged beside the old ideas.

1978 ◽  
Vol 4 (1) ◽  
pp. 12-24
Author(s):  
Jared A. Brown

In October, 1774, the Continental Congress, meeting in Philadelphia, passed a resolution designed to ‘discountenance and discourage every species of extravagance and dissipation’, including the ‘exhibition of shews, plays, and other expensive diversions and entertainments’. The Revolution would begin within six months, and Congress was clearly attempting to prepare Americans for a period of austerity. But if Congress intended to eliminate all theatrical activities for the duration of the hostilities, it could not have failed more completely. Indeed, the American Revolution saw more theatrical activity on American soil than had ever taken place there before. British military officers – who brought with them a strong theatre-going tradition – sponsored lavish performances of plays in New York, Philadelphia, and elsewhere between 1775 and 1783. In turn, the remarkable number of British theatrical productions stimulated certain American military officials to countenance performances given by American officers for audiences of soldiers and civilians. This may have been illegal, but it boosted morale and it was intended to demonstrate that Americans could compete with the British on any level, including the theatrical.


Author(s):  
J. C. D. Clark

Chapter 4 offers a new view of the American Revolution in terms more of negations than of affirmations: not the instantiation of modernizing natural rights theories or republicanism, but the result of older and passionate negations on both sides of the Atlantic, often religious. It reinterprets Paine’s Common Sense against the older contexts proposed in this book, and argues that the pamphlet, although important, was not transformative and ubiquitous. It traces Paine’s subsequent writings while in America, responding to and interpreting the course of the Revolution, and concludes that Paine’s understanding of that important episode was less than has been thought; rather, he largely remained within an English frame of reference, as did, indeed, most American colonists. He understood the American Revolution, then, in English terms.


2000 ◽  
Vol 34 (2) ◽  
pp. 231-256
Author(s):  
MICHAEL A. McDONNELL ◽  
WOODY HOLTON

Virginia, Britain's most populous and arguably most important North American colony, once seemed the perfect fit for the “consensus” interpretation of the War of Independence. Indeed, the percentage of white colonists who became loyalists was probably lower in Virginia than in any other rebelling colony. The widespread agreement on secession from Britain should not, however, be mistaken for social consensus. The reality was that revolutionary Virginia was frequently in turmoil. One of the most intriguing of the local insurrections broke out in the northern county of Loudoun just five months before the Declaration of Independence. In February 1776, the county erupted into a heated confrontation pitting gentlemen against their less wealthy neighbours. Lund Washington, who was managing Mount Vernon, warned his cousin, General George Washington, who was outside Boston training his fledgeling patriot army, that the “first Battle we have in this part of the Country will be in Loudon” – not against British soldiers, but against fellow patriots. Within a week, the revolutionary government in Williamsburg, the Committee of Safety, felt compelled to send troops to quell the disturbances. Yet, for months afterwards, gentry Virginians worried that their effort to suppress the rebellion had failed. In mid-May, Andrew Leitch told Leven Powell of Loudoun, “I really lament the torn and distracted condition of your County.” The “troublesome times,” as another gentleman called them, were slow to abate.


2005 ◽  
Vol 65 (1) ◽  
pp. 211-256 ◽  
Author(s):  
John Joseph Wallis

Between 1842 and 1852, eleven states adopted new constitutions, simultaneously creating procedures for issuing government debt and for chartering corporations through general incorporation acts. Why simultaneously? Voters wanted geographically specific infrastructure investments but opposed geographically widespread taxation. States resolved the dilemma by developing several innovative public finance schemes. One, “taxless finance,” used borrowed funds and special corporate privileges without raising current taxes. Another scheme, “benefit taxation,” coordinated the incidence of taxes with the geographic benefits of investments through the property tax. After the fiscal crisis of the early 1840s, states changed their constitutions to eliminate taxless finance in the future.


2010 ◽  
Vol 25 (64) ◽  
Author(s):  
Mikkel Birk Jespersen

Mikkel Birk Jespersen: "Utopiens grænser i Den amerikanske revolution - Om utopiske tekststrategier i Common Sense og Letters from an American Farmer"AbstractMikkel Birk Jespersen: “Boundaries of Utopia in the American Revolution: On Utopian Text Strategies in Common Sense and Letters from an American Farmer”The article discusses the relations between utopia, literature and revolution in the American Revolution through an analysis of Tom Paine’s Common Sense (1776) and J. Hector St. John de Crèvecoeur’s Letters from an American Farmer (1782). It is arguedthat utopia constitutes a textual function whose ‘non-place’ or ‘point zero’ is not reducible to a political logic, but rather presents a challenge to it. In the revolution, however, the different logics of utopia and of the political can be said to confront each other, hereby illuminating the contradictions of both. The constellation of the two texts brings out the contradictory nature of utopia, as the texts have opposed approaches to the revolution and are characterised by two different utopian logics.


Author(s):  
Jayne Elliott

In the summer of 1954, military surgeon Major Robert Elliott was posted to the British Military Hospital in Iserlohn, Germany, to provide medical care to Canadian soldiers, members of the 5,500-strong Canadian Brigade that had earlier been stationed there as part of Canada’s commitment to the North Atlantic Treaty Organization. Like many other military families, Elliott’s family had to remain behind until suitable accommodation for them could be found. Based on the letters that Elliott wrote home to his wife during their eight-month separation, this article provides a glimpse of how both old and new Canadian military policies during the early Cold War period had an impact on his work and his family. The Canadian government’s decision to place the Brigade under British control reflected, in part, the long-standing attachment to Britain, but Elliott was often frustrated with how imperial/colonial relations played out in the hospital setting. And the military’s initial reluctance to officially allow dependents to join their loved ones overseas, a new phenomenon in Canadian military life, undoubtedly contributed to his confusion and anxiety over when family quarters would finally be finished.


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