It really depends on how the question is phrased.
If we're talking about American history, as in
(US of) America the Nation as opposed to The "American" continent, then, yes, start with English Colonization. Because as a 'polity', every one of the 13 original states was formed DIRECTLY from English colonies. And I would hazard that if we were still the original 13 without expansion, we Americans would all be thinking of ourselves as near-Englishmen (perhaps in the same way that Australians view it?). well, excepting the occasional crazy dutchman from New
Amsterdam York
Fact #1 - In grammar school I was taught that Jamestown (est. 1607) was
"the first permanent English settlement in the Americas". Is there any American here who WASN'T taught that??? I was well into adulthood before I learned that the first permanent colony was actually St Augustine Florida (est 1565, by the spanish). But Florida wasn't one of the "Original 13" so this was never even mentioned in Grammar school to us kids.
Fact #2 - As a matter of law, the first of the USA's founding documents - Declaration of Independence - refers specifically to separation from Britain and no one else. Additionally, every one of the original 13, as part of their own 'state' constitutions, formally received "English Common Law" as a backfill to any state statutes.
I mean, here in Georgia (the 4th state), if I were to go into court and argue a case for which I could find no basis in either Georgia Statutes or district precedence, I'd be perfectly free to bring up English Common Law and/or "Blackstone". (Increasingly rare these days, but theoretically possible). But if I were to go into that same court and argue Napoleonic Code, Code of Justininian, Hammurabi, Tang Code, Visigothic Code, or anything else non-English, I'd likely not not only be
laughed out of court but
hauled out of court in a tight-fitting white jacket that's very difficult to gnaw through the straps of. (I've tried).
Dear
@Silesius Smithee,
Below I am going to answer your message above from the thread "Why has Europe never been dominated by a foreign power?".
The issue was phrased as the history of "America" as compared with the history of Italy or Greece, which means not as a continent. I grew up in the US and find old history interesting, so it's an appealing topic for me.
The answer to the best of my understanding is multi-sided. As a result, I find your answer of starting with English colonization to be legitimate for the reasons that you gave. But I find a converse answer of starting with American Indians to be also legitimate based on other conventions of narrating history. For instance, it seems typical when narrating the "history" of any country to include human habitation even before the arrival or establishment of the dominant group. Thus a discussion on the history of Italy or Greece would include the first inhabitants even before the arrival of Indo-Europeans.
As a result, the evidence that you gave for your POV I find to be legitimate and correct, but nonetheless one could also give contrary evidence for a converse POV.
So Yes, the US was formed out of the 13 original English colonies.
But this brings me to a question for you: Would you start English colonization at Jamestown (the first successful English colony in the US), Roanoke (the first English colony in the US and the start of the "Virginia Colony"), John Cabot (the first explorer and claimant of Anglo-America for the English throne), or even previous English explorers or seasonal fish-campers in Anglo America?
When the English crown subjugated its New York colony from Holland, the crown did so on the justification that John Cabot's 1497 voyage and flag-planting in Canada gave England prior rights to the coast of Anglo-America. And if one counts English colonization as starting in 1497, it means that "America" already started in the medieval period.
In the interpretation of England, Cabot effectively claimed that the coast from eastern Canada down to New Spain and the Spanish Caribbean in 1497 was under the English Crown's jurisdiction, since there were no other "Christian" kingdoms controlling that territory. The 13 English colonies were still part of England's Candian-American dominion, sometimes called Anglo-America. England administered Canada and the 13 colonies as separate colonies, but the distinction before 1783 seems rather hazy and are sometimes both lumped together as Anglo-America. Besides, when England expelled the Dutch from NY, it treated its 1497 claim made in Canada as controlling for its authority in New York.
It would seem to follow that everyone living on England's claimed American territory would also be under England's jurisdiction, although not necessarily English subjects like French and Dutch colonists. The English also destroyed the remnants of a French colony on Saint Croix Island, Maine and Mount Desert Island, Maine in 1613 and captured their residents.
en.wikipedia.org
en.wikipedia.org
So although the US was formed out of the 13 Colonies, there are two related issues:
Issue #1: Those 13 colonies were themselves part of England's colonies in the New World. The opening US congress was called the Continental Congress, implying a claim to the Continent, and had delegates from Nova Scotia. The American revolutionary army tried to take Quebec, and although the Canadian campaign was a failure, the inclusion of Canada in the USA seems within the bounds of the original national concept.
The point is a bit moot now since annexation of Canada isn't on the horizon, but it's relevant when it comes to charting how far back the US as a polity would go or how back its colonial legal precedents would go that you refer to in your Fact #2.
Issue #2: Those 13 colonies were themselves formed using inhabitants whose presence preceded English colonization in those colonies. You mentioned the Dutch. There were also Swedes in the Delaware Bay area. Perhaps some former Spanish subjects lived in the coastal areas of S.C. and Georgia, or French ones lived in NY State or Western Pennsylvania. But in those cases we would probably be talking about American Indians.
And that brings us to the American Indians. There are still Indian reservations or tribal lands in some of the 13 colonies like the Iroquois in NY, the Cherokee in western NC, reservations in Massachusettes. England, the 13 colonies, and the US subjugated those tribes, but the tribes themselves nonetheless predate England's 1497 land claim. That is, the US was formed out of the 13 English colonies, but those 13 colonies were themselves formed using pre-existing peoples, settlements, and societies. The 13 colonies and states legally point to English charters as founding documents, but the tribes made up part of the polity in those colonies and states and they have tribal traditions and arrangements that precede the English colonial charters. Those tribal traditions and arrangements could serve as precedents governing the rule of those tribes within these 13 states.
Next, I'm inclined to disagree that the US's people would consider ourselves near-Englishmen if we stayed with just our initial 13 colonies at independence in 1776. The two reasons are the US's diversity and its ideological distancing from England. Besides the Dutch and Swedes, Pennsylvania has had a pretty strong German contingent since colonial times. Some states like South Carolina were majority Black in population, I recall. The socioeconomic arrangement and subtropical climate of the US southeast for that period reminds me of Barbados or some other English Caribbean colony with a strong reliance on slave labor. Some Caribbean islands are still part of European nations without having majority European ancestral populations. If they gain full independence like the US did, should they consider themselves near European? The same principle would seem to apply to those southeast US colonies. In 1776 the "free" population in those states might have had majority British ancestry, but slavery would have been abolished by the 20th century even if the US stayed limited to 13 colonies.
Along with the US's diversity, the US ideologically had a pretty strong focus on distancing itself from England, at least in its overt self-understanding. This makes sense because it makes for a much better case for independence than if the US Founding Fathers identified themselves as nationally Englishmen. Instead, the division in 1776 in terms of propaganda was between "Patriots" and "Loyalists". The paradigm is kind of doubtful, since arguably the British Empire was part of the founders' "fatherland", whereas the founders were also "loyal" to their home land in the US. But once you accept the paradigm that the US is your "country" and England is foreign and thus England should not rule the US, the "near-Englishmen" identity becomes undesirable. Already in the 18th century, American colonists were calling themselves "Americans," since their families for generations had lived in English "America."
And then there's the issue that major factions of the 13 Colonies' founders were trying to get away from English control, like the New England Puritan colonists, the P.A. Quakers, and Maryland's Catholics. I can't really think of a single one of the original 13 colonies that by history would have a sociological makeup overwhelmingly of Englishmen loyal to England. So for instance, the Southern states in the Revolution tended to be less revolutionary, but those Southern states had pretty strong African-American or Amerindian populations. MD and DE may have had less slaves, but they also had strong non-Anglican heritage, and in DE there was a major Dutch and Swedish component.
A big reason why this is relevant is that in terms of national self-understanding of your history, once your country rejects being an ethnic nation state, it makes it more natural to include prior inhabitants as part of your nation's history. So to give an analogy, if Elizabethan England conceives of itself as an Anglo-Saxon-Norman polity, it's easier to perceive a break from its pre-Anglo-Saxon past than in the case of a country like the US that conceives itself as dedicated to its citizens regardless of ethnicity.
As far as Fact #1 in terms of school education, it sounds like different regions of the country give different takes on history in school. I'm from the North and the big rhyme that sits in my head about America's society is "In 1492 Columbus sailed the Ocean Blue."
Columbus got a lot of attention in the popular mind as the "discoverer" of America, and it's noteworthy that plenty of places in the US like D.C. are named after Columbus. In contrast, Cabot doesn't get nearly as much attention in the US, even though Cabot effectively created a legal basis for English settlement in the 13 colonies, whereas Columbus was exploring on behalf of Spain.
I was kind of a history nerd as a kid and reading the 1979 Encyclopedia, I thought it was cool that the Spanish settled Florida like with St. Augustine. Besides that our Middle School studied the colonial period. It would have mentioned the Spanish in Florida. I remember seeing a photo of some tourist carriage in St. Augustine's by the touristy impressive center area. It's a pretty cool area and it's convenient if you live in Georgia. There's been a metaphorical "fan club" over St. Augustine for a pretty long time, which is why the magnate Flagler built big buildings there in the Spanish style. In other words, some of the cool classic foreign European architecture there is actually from history buffs generations ago paying homage. Maybe that includes the two main buildings int he photo below. I don't quite remember:
But St. Augustine does still have some cool impressive colonial Spanish period architecture like the castle there.
Maybe it has to do with growing up in the North, but the Plymouth Colony, the Mayflower, Plymouth Rock, the Pilgrims, the First Thanksgiving all stick in my head as pretty foundational for English colonization in the US. Actually Jamestown was 13 years earlier in 1607, but I'm just dealing with what childhood history images come to my mind.
In your mind as a kid would you give Jamestown or Plymouth Rock more attention?
In any case, the point about school education is still arguable because in Grade School we still learn about the Native Americans. Arguably, the teaching about them works achronologically, with a narrative running along these lines: "In 1492, Columbus discovered the Americas on behalf of Spain. And he found people living here, the Indians. And they have some cool background like agriculture (corn, tobacco). And the Aztecs and Mayans in Mexico built big pyramids..."
As for Fact #2 - Legal Precedents, the typical conception from Law School is that Yes, the US Common Law follows English Common Law precedent. So your idea is legitimate. But the converse can also be argued in a couple ways.
First, under legal theory, suppose that US and English Common Law practically didn't touch on some issue. Could you bring up in passing a precedent from another legal system. And I think that the answer is Yes, although there is no requirement that the judge follow it. Roman Law is a pretty strong source for the modern Western Legal System, to the point where I think bringing up something from the Justinian Code would be reasonable, depending on the situation. You would want to show why you are mentioning Roman Law. I'm guessing that you could be arguing that there was no relevant Common Law and that you are relying on general accepted foundational legal principles. It seems like something that you would mention in a Brief, but not Closing Arguments.
I don't even know if Germanic tribal law would be more controlling than Roman Law. The Normans conquered and ruled England starting in the 11th century and they had the Roman Legal system in France. But the Anglo-Saxons were Germanic tribes with Germanic tribal legal practices. So English common law seems probably like some concoction of the two. I mean, even if Germanic law were more foundational in England, would US courts pay more attention to it or to Roman Law for guidance? It seems Roman Law would get more attention, even if the US courts base themselves on a Germanic model. That's what I mean by a concoction.
Second, more to the point, the US does have states and entities whose legal systems diverge from or precede the English colonial system. If you are in Louisiana, it seems you could argue using the Napoleonic Code. Puerto Rico is part of the US and it is a former Spanish colony settled before the mainland European colonies in the US. I am not quite sure how Florida's or other US former Spanish colonies' legal precedents would work, but I'm guessing that Spanish colonial law would play a guiding role at times.
You can respond that those other states were not part of the founding 13 colonies, but even there the point is arguable, since colonial Florida's territory probably included pre-English Georgia and South Carolina. Conceivably you could have some Spanish road or land grant that is still a legal realty some place in Georgia. And in any case, these former Spanish colonies like Puerto Rico are still part of the US and their pre-English precedents would still be controlling in parts of the US.
So even if in 1776, pre-English colonial laws were not precedential for US states, the same would not be the case today since those other former pre-English colonies like Puerto Rico joined the US.
Third, there are Indian tribes in the US, including the former 13 colonies, that are counted as self-governing under tribal councils, and their traditions and thus precedents precede English colonization.