The governor was the head of the executive department,--sometimes a native of the colony, as Hutchinson of Massachusetts, and Clinton of New York. But he was often sent from over seas, as Cornbury of New York, and Dunmore of Virginia. In Connecticut and Rhode Island the legislatures chose the governor; but they fell in with the prevailing practice by frequently re- electing men for a succession of years. The governor's chief power was that of appointment, although the assemblies strove to deprive him of it by electing treasurers and other executive officers. He had also the prestige of his little court, and was able to form at least a small party of adherents. As a representative of the home government he was the object of suspicion and defiance. As the receiver and dispenser of annoying fees, he was likely to be unpopular; and wherever it could do so, the assembly made him feel his dependence upon it for his salary. [Sidenote: Judiciary.] Colonial courts were nearly out of the reach of the assemblies, except that their salaries might be reduced or withheld. The judges were appointed by the governor, held during good behavior, and were reasonably independent both of royal interference and of popular clamor. The governor's council was commonly the highest court in the colony; hence the question of the constitutionality of an act was seldom raised: since the council could defeat the bill by voting against it, it was seldom necessary to quash it by judicial process. Legal fees were high, and the courts were the most unpopular part of the governments. 8. ENGLISH CONTROL OF THE COLONIES. [Sidenote: English statutes.] [Sidenote: The Crown.] [Sidenote: Parliament.] In Connecticut and Rhode Island, where the governor was not appointed by the Crown, the colonies closely approached the condition of republics; but even in these cases they acknowledged several powers in England to which they were all subject. First came English law. It was a generally accepted principle that all English statutes in effect at the time of the first colonization held good for the colonies so far as applicable; and the principles of the common law were everywhere accepted. Second came the Crown. When the colonies were founded, the feudal system was practically dead in England; but the conception that the Crown held the original title to all the lands was applied in the colonies, so that all titles went back to Indian or royal grants. Parliament made no protest when the king divided up and gave away the New World. Parliament acquiesced when by charter he created trading companies and bestowed upon them powers of government. Down to 1765 Parliament seldom legislated for individual colonies, and it was generally held that the colonies were not included in English statutes unless specially mentioned. The Crown created the colonies, gave them governors, permitted the local assemblies to grow up, and directed the course of the colonial executive by royal instructions.