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
The Proprietary governments, consisting of Maryland, Pennsylvania, and
Delaware, were those in which the subordinate powers of legislation and
government had been granted to certain individuals called the
proprietaries, who appointed the Governor and authorized him to summon
legislative assemblies. The authority of the proprietaries, or of the
legislative bodies assembled by the Governor, was restrained by the
condition, that the ends for which the grant was made to them by the
crown should be substantially pursued in their legislation, and that
nothing should be done, or attempted, which might derogate from the
sovereignty of the mother country. In Maryland, the laws enacted by the
proprietary government were not subject to the direct control of the
crown; but in Pennsylvania and Delaware they were.[2]
The Charter governments, consisting, at the period of the Revolution, of
Massachusetts, Rhode Island, and Connecticut, may be said, in a stricter
sense, to have possessed written constitutions for their general
political government. The charters, granted by the crown, established an
organization of the different departments of government similar to that
in the provincial governments. In Massachusetts, after the charter of
William and Mary granted in 1691, the Governor was appointed by the
crown; the Council were chosen annually by the General Assembly, and the
House of Representatives by the people. In Connecticut and Rhode
Island, the Governor, Council, and Representatives were chosen annually
by the freemen of the colony. In the charter, as well as the provincial
governments, the general power of legislation was restrained by the
condition, that the laws enacted should be, as nearly as possible,
agreeable to the laws and statutes of England.
One of the principal causes which precipitated the war of the Revolution
was the blow struck by Parliament at these charter governments,
commencing with that of Massachusetts, by an act intended to alter the
constitution of that Province as it stood upon the charter of William
and Mary; a precedent which justly alarmed the entire continent, and in
its principle affected all the colonies, since it assumed that none of
them possessed constitutional rights which could not be altered or taken
away by an act of Parliament. The "Act for the better regulating the
government of the Province of Massachusetts Bay," passed in 1774, was
designed to create an executive power of a totally different character
from that created by the charter, and also to remodel the judiciary, in
order that the laws of the imperial government might be more certainly
enforced.
Public-domain text, read in full here on John Shaqi.
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