Evolution of Individual Rights Prior to the Constitutional Convention

Evolution of Individual Rights

Prior to the Constitutional Convention

Scott Chaffee

Marti Kirchmer

History 310

November 18, 2003

Abstract

The English people were governed with an iron fist and began to fight back. Out of this came the common-law and the Magna Carta. These were carried with the colonial people to America, where a new form of government control from England had to be produced. Through this rule from so far away, rights were easily infringed upon without fear of retribution. During this rule the colonies expanded upon these rights and attempted to exercise their control over that of England. This was done until there was no other choice but to put England in her place.

Evolution of Individual Rights

Prior to the Constitutional Convention

Introduction

Prior to the Constitutional Convention and the Declaration of Independence there were many changes in the development of individual rights. These changes took place over centuries and were molded by many governments and individuals. The people better defined these rights and governments attempted to both grant and deny the people of these rights. These rights were carried with the people from their homelands to far away places such as America. Individual rights were then governed by rulers from a distance, and these caused problems as those being governed were not represented to these rulers. In the end these individual rights were penned on paper, forever to be protected by those governing the people.

Early England

In the late 10th century King Henry II laid the foundation of common-law. This came at a time when the English people were breaking out of the rule of the Norman Empire. The people's liberties became protected by such simple things as a jury trial, protection of personal property and the right to call witnesses. Many of these protections have survived to this day through the U.S. Constitution. Although this was only the foundation, it would grow over time and be cherished by men.

Shortly after the common-law, King John granted the Magna Carta. Although King John did not produce this royal grant willingly, his barons took up arms against the King and captured London. The Magna Carta did not lay out liberties in such a way as the U.S. Constitution, "However, Magna Carta established for the first time a very significant constitutional principle, namely that the power of the king could be limited by a written grant." (British Library, 2003)

After this time there was much change and fighting within England. Many different rulers took the throne and enacted their own government, typically circumventing the common-law and Magna Carta. As the King was the root of sovereignty, it was the King who could give and take liberties at will. In 1688 the Whigs took power in England and conceived the Glorious Revolution. In this the Whigs sought to protect an individuals "civil liberty", and in turn the people would give up some of their "natural liberty". These "civil liberties" were the right to protect one's life, liberty and property.

"According to Locke, if the supreme Legislative violated these rules, as James II had, then the compact that created the government was broken, and the people could make a new agreement creating a new supreme Legislative. That, of course, is how the Whigs conceived of the Glorious Revolution and how they justified it." (Lehy Publishing, 2002, p18) This is the fundamental understanding of government that was carried across the ocean to the American colonies.

American Colonies

The original colonies were set up under many forms of government ranging from self rule to royal rule, each having their own charter. The one aspect they all shared was that they recognized the crown for matters pertaining to the English nation as a whole, such as trade and military protection. On the other hand the King saw the colonies as being a resource to be exploited for the purposes of wealth, a wealth that would not benefit the colonies in any way. These are some of the fundamental issues that carried forward in forms such as taxation without representation.

During the next 200 years many changes took place among the colonies in relation to individual rights. With the advent of cheap labor through slavery, rather than indentured servants, there was the separation of rights between those of different nationalities. Although these rights were almost standard among the colonies, the North soon diverted from the South and began granting more rights to black people and their families. Rights of women also began to go through change. Where at one time a woman was compared to a possession, she soon had the right to own property and conduct business.

Eventually the