Massachusetts -- Church history; Massachusetts -- History -- Colonial period, ca. 1600-1775; Puritans -- Massachusetts
The British supremacy closed with the evacuation of Boston, and
the colony then became an independent state; yet in that singularly
homogeneous community, which had always been taught to regard their
royal patents as the bulwark of their liberties, no one seems to have
seriously thought it possible to dispense with a written instrument to
serve as the basis of the social organization. Accordingly, in 1779, the
legislature called a convention to draft a Constitution; and it was the
good fortune of the lawyers, who were chosen as delegates, to have
an opportunity, not only to correct those abuses from which the
administration of justice had so long suffered, but to carry into
practical operation their favorite theory, of the limitation of
legislative power by the intervention of the courts. The course pursued
was precisely what might have been predicted of the representatives of
a progressive yet sagacious people. Taking the old charter as the
foundation whereon to build, they made only such alterations as their
past experience had shown them to be necessary; they adopted no fanciful
schemes, nor did they lightly depart from a system with which they
were acquainted; and their almost servile fidelity to their precedent,
wherever it could be folio wed, is shown by the following extracts
relating to the legislative and executive departments.
CHARTER.
And we doe further for vs our heires and successors give and grant to
the said governor and the Great and Generall Court or Assembly of our
said province or territory for the time being full power and authority
from time to time to make ordaine and establish all manner of wholsome
and reasonable orders laws statutes and ordinances directions and
instructions either with penalties or without (soe as the same be not
repugnant or contrary to the lawes of this our realme of England) as
they shall judge to be for the good and welfare of our said province or
territory and for the gouernment and ordering thereof and of the people
inhabiting or who shall inhabit the same and for the necessary support
and defence of the government thereof.
CONSTITUTION.
And further, full power and authority are hereby given and granted
to the said General Court, from time to time, to make, ordain, and
establish, all manner of wholesome and reasonable orders, laws,
statutes, and ordinances, directions and instructions, either with
penalties or without; so as the same be not repugnant or contrary to
this constitution, as they shall judge to be for the good and welfare of
this commonwealth, and for the government and ordering thereof, and of
the subjects of the same, and for the necessary support and defence of
the government thereof.
CHARTER.
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