10. Every regular general court was to consist of the governor and at
least four other magistrates, with the major part of the deputies chosen
from the several towns. But if any court happened to be called by the
freemen, through the default of the governor and magistrates, that court
was to consist of a majority of the freemen present, or their deputies,
and a _moderator_, chosen by them. In the general court was lodged the
"_supreme power of the commonwealth_." In this court the governor or
moderator had power to command liberty of speech, to silence all
disorders, and to put all questions that were to be made the subject of
legislative action, but not to vote himself unless the court was equally
divided, when he was to give the casting vote. But he could not adjourn
or dissolve the court without the major vote of the members. Taxes also
were to be ordered by the court; and when they had agreed upon the sum
to be raised, a committee was to be appointed of an equal number of men
from each town to decide what part of that sum each town should pay.
This first constitution of the New World was simple in its terms,
comprehensive in its policy, methodical in its arrangement, beautiful in
its adaptation of parts to a whole, of means to an end. Compare it with
any of the constitutions of the Old World then existing. I say nothing
of those libels upon human nature, the so-called constitutions of the
Continent of Europe--compare it reverently, as children speak of a
father's roof, with that venerated structure, the British Constitution.
How complex is the architecture of the latter! here exhibiting the
clumsy work of the Saxon, there the more graceful touch of later
conquerors; the whole colossal pile, magnificent with turrets and
towers, and decorated with armorial devices and inscriptions, written in
a language not only dead, but never native to the island; all eloquent,
indeed, with the spirit of ages past, yet haunted with the cry of
suffering humanity and the clanking of chains that come up from its
subterranean dungeons.
Public-domain text, read in full here on John Shaqi.
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