New England -- History -- Colonial period, ca. 1600-1775
At last the winter passed, and with the summer came renewed hope. The
public business had been temporarily managed by the Assistants only, and
the first General Court was not held until October. At that session the
charter was violated in an important point, in that the freemen
relinquished their right to elect the governor and the deputy.
Thereafter, it was ruled, these were to be elected by the Assistants
only, with whom they were to have the power of making laws and
appointing officers.[336] The extent of this limitation of the right of
election, which was revoked, however, at the next General Court, is
evident from the fact that in March, in contemplation of the probability
of there being less than nine Assistants left in the colony, it was
agreed that seven should constitute a court. In fact, the charter was
continually violated in that regard, as the number of Assistants, for
over fifty years, was never more than about one half of the required
eighteen.[337]
Footnote 336:
_Massachusetts Records_, vol. I, pp. 73, 78, 79.
Footnote 337:
_Massachusetts Records_, vol. I, p. 84; Hutchinson, _History_, vol. I,
p. 293 _n._ _Cf._ _Acts Privy Council, Colonial_, vol. I, p. 842.
The Assistants, into whose hands the control of the government now
passed, were probably a majority of the entire voting population of the
colony. According to the terms of the charter only members of the
Company, or the so-called freemen, had the right to vote at its
meetings. After the “sea-change” which was presumed to have altered that
document into “something rich and strange” in the way of political
constitutions, those meetings became the political assemblies of the
colony, and the freemen of the Company became the only enfranchised
voters of the state. While two thousand persons were settled in
Massachusetts about the time of that October meeting, it is probable
that not more than sixteen to twenty members of the Company had crossed
the ocean, of whom a number had returned or died.[338] If the charter
were indeed the written constitution of a state, it was unique among
such instruments in that it thus limited all political rights, in a
community of two thousand persons, to a tiny self-perpetuating
oligarchical group of not more than a dozen citizens. Ninety-nine and
one half per cent of the population was thus unenfranchised and
unrepresented, and even denied the right of appeal to the higher
authorities in England.
Footnote 338:
Palfrey, _History_, vol. I, pp. 313, 323.
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