The Critical Period of American HistoryFiske, John
History
The Critical Period of American History
Fiske, John
United States -- History -- Confederation, 1783-1789
Thus the various state governments were repetitions on a small scale of
what was then supposed to be the triplex government of England, with its
King, Lords, and Commons. The governor answered to the king with his
dignity curtailed by election for a short period, and by narrowly
limited prerogatives. The senate answered to the House of Lords, except
in being a representative and not a hereditary body. It was supposed to
represent more especially that part of the community which was possessed
of most wealth and consideration; and in several states the senators
were apportioned with some reference to the amount of taxes paid by
different parts of the state. The senate of New York, in direct
imitation of the House of Lords, was made a supreme court of errors. On
the other hand, the assembly answered to the House of Commons, save that
its power was really limited by the senate as the power of the House of
Commons is not really limited by the House of Lords. But this
peculiarity of the British Constitution was not well understood a
century ago; and the misunderstanding, as we shall hereafter see,
exerted a very serious influence upon the form of our federal
government, as well as upon the constitutions of the several states.
[Sidenote: The judiciary.]
In all the thirteen states the common law of England remained in force,
as it does to this day save where modified by statute. British and
colonial statutes made prior to the Revolution continued also in force
unless expressly repealed. The system of civil and criminal courts, the
remedies in common law and equity, the forms of writs, the functions of
justices of the peace, the courts of probate, all remained substantially
unchanged. In Pennsylvania, Delaware, and New Jersey, the judges held
office for a term of seven years; in all the other states they held
office for life or during good behaviour. In all the states save Georgia
they were appointed either by the governor or by the legislature. It was
Georgia that in 1812 first set the pernicious example of electing judges
for short terms by the people,[1]--a practice which is responsible for
much of the degradation that the courts have suffered in many of our
states, and which will have to be abandoned before a proper
administration of justice can ever be secured.
[Sidenote: The limited suffrage.]
Public-domain text, read in full here on John Shaqi.
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