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 charter had reserved to the King the appointment of the Governor,
Lieutenant-Governor, and Secretary of the Province. It vested in the
General Assembly the choice of twenty-eight councillors, subject to
rejection by the Governor; it gave to the Governor, with the advice and
consent of the Council, the appointment of all military and judicial
officers, and to the two houses of the legislature the appointment of
all other civil officers, with a right of negative by the Governor. The
new law vested the appointment of councillors, judges, and magistrates
of all kinds, in the crown, and in some cases in the Governor, and made
them all removable at the pleasure of the crown. A change so radical as
this, in the constitution of a people long accustomed to regard their
charter as a compact between themselves and the crown, could not but
lead to the most serious consequences.
* * * * *
The statements which have now been made are sufficient to remind the
reader of the important fact, that, at the commencement of the
Revolution, there existed, and had long existed, in all the colonies,
local legislatures, one branch of which was composed of representatives
chosen directly by the people, accustomed to the transaction of public
business, and being in fact the real organs of the popular will. These
bodies, by virtue of their relation to the people, were, in many
instances, the bodies which took the initiatory steps for the
organization of the first national or Continental Congress, when it
became necessary for the colonies to unite in the common purpose of
resistance to the mother country. But it should be again stated, before
we attend to the steps thus taken, that the colonies had no direct
political connection with each other before the Revolution commenced,
but that each was a distinct community, with its own separate political
organization, and without any power of legislation for any but its own
inhabitants; that, as political communities, and upon the principles of
their organizations, they possessed no power of forming any union among
themselves, for any purpose whatever, without the sanction of the Crown
or Parliament of England.[3] But the free and independent power of
forming a union among themselves, for objects and purposes common to
them all, which was denied to their colonial condition by the principles
of the English Constitution, was one of the chief powers asserted and
developed by the Revolution; and they were enabled to effect this union,
as a revolutionary right and measure, by the fortunate circumstances of
their origin, which made the people of the different colonies, in
several important senses, one people. They were, in the first place,
chiefly the descendants of Englishmen, governed by the laws, inheriting
the blood, and speaking the language of the people of England. As
British subjects, they had enjoyed the right of dwelling in any of the
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