Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
[Sidenote: Government of Massachusetts; the General Court]
After their arrival in Massachusetts, their numbers increased so
rapidly that it became impossible to have a primary assembly of all
the freemen, and so a representative assembly was devised after the
model of the Old English county court. The representatives sat for
townships, and were called deputies. At first they sat in the same
chamber with the assistants, but in 1644 the legislative body was
divided into two chambers, the deputies forming the lower house, while
the upper was composed of the assistants, who were sometimes called
magistrates. In elections the candidates for the upper house were put
in nomination by the General Court and voted on by the freemen. In
general the assistants represented the common or central power of
the colony, while the deputies represented the interests of popular
self-government. The former was comparatively an aristocratic and the
latter a democratic body, and there were frequent disputes between the
two.
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
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