Civil Government in the United States Considered with eBook

This eBook from the Gutenberg Project consists of approximately 397 pages of information about Civil Government in the United States Considered with.

Civil Government in the United States Considered with eBook

This eBook from the Gutenberg Project consists of approximately 397 pages of information about Civil Government in the United States Considered with.

It is worthy of note that the governing body thus constituted was at once a legislative and a judicial body, like the English county court which served as its model.  Inferior courts were organized at an early date in Massachusetts, but the highest judicial tribunal was the legislature, which was known as the General Court.  It still bears this name to-day, though it long ago ceased to exercise judicial functions.

[Sidenote:  New charter of Massachusetts] Now as the freemen of Massachusetts directly chose their governor and deputy-governor, as well as their chamber of deputies, and also took part in choosing their council of assistants, their government was virtually that of an independent republic.  The crown could interpose no effective check upon its proceedings except by threatening to annul its charter and send over a viceroy who might be backed up, if need be, by military force.  Such threats were sometimes openly made, but oftener hinted at.  They served to make the Massachusetts government somewhat wary and circumspect, but they did not prevent it from pursuing a very independent policy in many respects, as when, for example, it persisted in allowing none but members of the Congregational church to vote.  This measure, by which it was intended to preserve the Puritan policy unchanged, was extremely distasteful to the British government.  At length in 1684 the Massachusetts charter was annulled, an attempt was made to suppress town-meetings, and the colony was placed under a military viceroy, Sir Edmund Andros.  After a brief period of despotic rule, the Revolution in England worked a change.  In 1692 Massachusetts received a new charter, quite different from the old one.  The people were allowed to elect representatives to the General Court, as before, but the governor and lieutenant-governor were appointed by the crown, and all acts of the legislature were to be sent to England for royal approval.  The general government of Massachusetts was thus, except for its possession of a charter, made similar to that of Virginia.

[Sidenote:  Connecticut and Rhode Island] The governments of Connecticut and Rhode Island were constructed upon the same general plan as the first government of Massachusetts.  Governors councils, and assemblies were elected by the people.  These governments were made by the settlers themselves, after they had come out from Massachusetts; and through a very singular combination of circumstances[3] they were confirmed by charters granted by Charles II in 1662, soon after his return from exile.  So thoroughly republican were these governments that they remained without change until 1818 in Connecticut and until 1842 in Rhode Island.

[Footnote 3:  See my Beginnings of New England, pp. 192-196.]

We thus observe two kinds of state government in the American colonies.  In both kinds the people choose a representative legislative assembly; but in the one kind they also choose their governor, while in the other kind the governor is appointed by the crown.  We have now to observe a third kind.

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