United States -- History -- Colonial period, ca. 1600-1775
The judiciary system was alike in no two colonies, but there were certain
resemblances in all. There were commonly local justices of the peace, with
jurisdiction limited to petty civil cases; sometimes these were elected by
the freeholders of the district, but generally they were appointed by the
governor. Then came the county courts, the members of which were appointees
of the governor, except in New Jersey, where they were elected. These
county judges were representative gentlemen, and not trained in the law.
They had criminal jurisdiction except in capital cases, and final
jurisdiction in civil cases not involving large amounts; the limit was £20
in Virginia and £2 in Maryland, and elsewhere between these extremes. Next
was the provincial, supreme, or general court: ordinarily this was composed
of the governor, as chancellor, and the members of his council; but in
several colonies this colonial court was a separate body, appointed by the
governor, who, with his council, constituted a still higher court of
appeals and chancery. From the highest courts a suitor could, in important
cases, carry his appeal to the king in council. The common and statute law
of England prevailed when provincial law was silent on the subject.
Sometimes questions arose upon the validity of provincial statutes: when
the courts found that they were not in accordance with the charter, they
declared them void; but the matter could be carried to the English Privy
Council for ultimate decision. This was the germ of the power of the United
States Supreme Court to decide on the constitutionality of a law.
Sidenote: Charters.
At first American territory was granted to chartered commercial
companies,--notably the Virginia Company and the Council for New
England,--which sought to control their colonies from England, under the
supervision of the Crown. The Virginia colony was early deprived of its
charter by the Crown (1624); but members of the Massachusetts Company
boldly emigrated to America, and taking advantage of the confusion in
England, kept up a practically independent state for two generations;
though at last (1692) the people were obliged to accept a new charter
establishing a royal governor. The colonies of Rhode Island and Connecticut
obtained charters direct from England, with privileges of self-government,
and lived under them till long after they had become States. New Hampshire,
after having been governed by Massachusetts, became a royal province
without having passed through the charter or proprietary stage. The other
colonies were proprietary, but all finally reverted to the Crown. Maryland
and Pennsylvania and Delaware were still proprietary at the outbreak of the
Revolution, having been restored to the proprietors after reversion.
Sidenote: Two houses.
Public-domain text, read in full here on John Shaqi.
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