superior to the will of the ruler, and that the constitution was superior
to the law. Thus the ground was prepared for a complicated federal
government, with a national constitution recognized as the supreme law,
and superior both to national enactments and to State constitutions or
statutes.

[Sidenote: Principles of freedom.]

The growth of constitutional government, as we now understand it, was
promoted by the establishment of two different sets of machinery for
making laws and carrying on government. The older and the younger branches
of the race were alike accustomed to administer local affairs in local
assemblies, and more general affairs in a general assembly. The two
systems in both countries worked side by side without friction; hence
Americans and Englishmen were alike unused to the interference of
officials in local matters, and accustomed through their representatives
to take an educating share in larger affairs. The principle was firmly
rooted on both sides of the water that taxes were not a matter of right,
but were a gift of the people, voted directly or through their
representatives. On both sides of the water it was a principle also that a
subject was entitled to his freedom unless convicted of or charged with a
crime, and that he should have a speedy, public, and fair trial to
establish his guilt or innocence. Everywhere among the English-speaking
race criminal justice was rude, and punishments were barbarous; but the
tendency was to do away with special privileges and legal exemptions.
Before the courts and before the tax-gatherers all Englishmen stood
practically on the same basis.


5. COLONIAL DEVELOPMENT OF ENGLISH INSTITUTIONS.