Achenwall's Observations on North AmericaAchenwall, Gottfried
History
Achenwall's Observations on North America
Achenwall, Gottfried
United States -- Description and travel
Pennsylvania has its own Constitution. Penn as Proprietor draws a
revenue of a half penny sterling local currency for every acre of
improved land, and every purchaser of wild land can buy a hundred acres
for L10 and the usual quit rent. As Proprietor he sends a Deputy, whom
he pays, and appoints all Judges, but ministers are chosen by their own
congregations in every County. The meeting of the Pennsylvania
Legislature consists of only one House, (because there is no Council)
made up of representatives of the various Counties. These are elected
annually October 1, each County holding its own meetings for the
purpose,--every inhabitant worth L50, resident for 12 years, has a
vote,--these meetings elect 8 Deputies to the Assembly,--every elector
is eligible, but mostly well to do citizens are elected. The County
gives its representatives six shillings a day, but the Deputies have to
spend more out of their own pockets. There is no bribery. Every voter
deposits a written ballot, and the persons who have the highest number
are declared elected. The purchase of votes would be very unsafe, as the
voter could always write another name on his ballot. This House with the
Lieutenant Governor is the law making power. The Governor however
depends on the Assembly for his salary, as he has no fixed allowance,
which is voted only from year to year, and if he displeases the
Assembly, it votes him no salary for the next year. The Assembly has
been for six years on bad terms with the Proprietor and has made no
grant for the Governor. The Assembly wants the Proprietor to pay tax on
his property especially towards the extraordinary war expenses. The
decision rests with the King in Council, but if the Assembly appealed,
it would be sent to the King's Bench. The fact that all Judges are
appointed by the Proprietor, makes difficulties, as he is in his own
cases both Judge and Plaintiff. The newer Colonies have institutions
based on Acts of Parliament for New Georgia, New Scotland, &c., but the
older Colonies have Charters from the King, and not from Parliament.
These Colonies claim to be subject to the King, but not to Parliament,
at least not to its arbitrary power, like the newer Colonies, which owe
their existence to Parliament. The latter are called Plantations within
his Majesty's Dominions, the former his Majesty's Plantations.
The legal institutions of the Colonies are based on those of England,
for these are part of the Englishman's rights. All personal relations
are controlled by Statute Law and Common Law. Roman Law is recognized
only in Courts of Admiralty. The light of trial by a Jury of twelve men
is recognized just as in England. It was one of the grounds of complaint
against the Stamp Act, that questions arising under it were not tried by
Jury, but by courts specially created.
Public-domain text, read in full here on John Shaqi.
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