History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
Carolina, the Provincial Congress likewise resolved itself a "general
assembly," and elected a legislative council, from their own body. By
these two bodies, acting jointly, an executive, styled a president, a
commander-in-chief, and a vice-president, was chosen. The legislative
authority was vested in the president and the two houses. The judiciary
were elected by the two houses and commissioned by the president, and
were to hold their offices during good behavior, subject to removal on
the address of both houses. This form of government remained until June,
1790, when a new constitution was formed by a convention. On the 15th of
May, 1776, the Provincial Convention of Virginia proceeded to prepare a
declaration of rights and a constitution. The latter declared that the
legislative, executive, and judiciary departments ought to be distinct
and separate, and divided the legislative department into two branches,
the house of delegates and the senate, to be called "the General
Assembly of Virginia." The members of the house of delegates were chosen
from each county, and one from the city of Williamsburg and one from the
borough of Norfolk. The senate consisted of twenty-four members, chosen
from as many districts. A governor and council of state were chosen
annually by joint ballot of both houses. The legislature appointed the
judges, who were commissioned by the governor, and held their offices
during good behavior. Massachusetts was one of the colonies whose
situation rendered it necessary to defer the formation of a constitution
for several years. The transition in that colony from the government of
the King to a government of the people took place in the latter part of
the year 1774 and the beginning of 1775. The occurrences which led the
House of Representatives to resolve themselves into a Provincial
Congress have been stated in the text of a previous chapter (ante, p.
26). This body, which assumed the control of the affairs of the colony
in October, 1774, first assembled at Cambridge, where they continued in
session until the 10th of December, and then dissolved themselves,
having first appointed a _Committee of Safety_ to manage the public
concerns, until a new Congress should be assembled. On the 1st of
February, 1775, a new Provincial Congress met at Cambridge, adjourned to
Concord, and thence to Watertown, and were dissolved on the 23d of May.
On the 16th of May, they wrote to the Continental Congress, requesting
their advice on "taking up and exercising the powers of civil
government." In their letter they said, "As the sword should in all free
states be subservient to the civil powers, and as it is the duty of the
magistrate to support it for the people's necessary defence, we tremble
at having an army, although consisting of our own countrymen,
established here, without a civil power to provide for and control
them." On the 9th of June, the Continental Congress passed a resolve,
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