Government and Administration of the United StatesWilloughby, Westel Woodbury
History
Government and Administration of the United States
Willoughby, Westel Woodbury
United States -- Politics and government
The thirteen American colonies, which in 1775 dared defy the might of
Great Britain, and which in a stubborn struggle were able to win their
independence, were settled at various times, and by colonists actuated
by widely different motives. At the time of the beginning of their
resistance to the oppressive acts of their mother country, they were, in
their governments, entirely separate from and independent of each other.
"Though the colonies had a common origin, and owed a common allegiance
to England, and the inhabitants of each were British subjects, they had
no direct political connection with each other. Each in a limited sense,
was sovereign within its own territory.... The assembly of one province
could not make laws for another.... As colonists they were also excluded
from all connection with foreign states. They were known only as
dependencies. They followed the fate of their mother country both in
peace and war.... They could not form any treaty, even among themselves,
without the consent of England."[1]
[Footnote 1: Story's _Commentaries on the Constitution_, Vol. I, p.
163.]
All the colonies did not bear the same relation to the English
government. Owing to the different manner in which the right of
settlement, and occupancy of the soil had been obtained from the king,
the colonies had obtained different rights of government, and were
placed under different obligations to the crown. There came thus to be
three types of colonial governments; the provincial or royal, the
proprietary, and charter governments.
_#I. Provincial Colonies.#_--Those colonies which possessed a provincial
form of government were royal colonies, being governed almost entirely
by England, as she governs many of her colonies to-day. At the head of
each was a Governor appointed by the King of England. He was assisted by
a council, also appointed by the king. The constitution and laws for
this form of government were contained in the commission and instruction
given to the Governor by the English government. By them the Governor
was empowered to summon a representative assembly. The legislative body
consisted, then, of the Governor, his council, appointed by the king,
and a lower house elected by the people. The Governor had the right of
veto, and the power to dissolve the assembly. The legislature could make
laws, provided they were not repugnant to the laws of England. These
laws were subject to the approval of the Crown. The governor, with the
advice of his council, could erect courts, appoint judges, levy forces,
etc. From the highest courts in all the colonies an appeal lay to the
English King in Council.
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