The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-03-13

thlrd class. In these grants were made 20 pri-
waite individuals, who exercised executive con-
tol through their appointed Governors, but In
lneSe also the people were given. or assumed,
large legislative control.
The colonists did not accept Mr.. Blackstone's
view that the American colonies were princi-
pally conquered or ceded countries" tnai the
common law of England had no authority in
them, and that acts of Parliament particularly
naming them were binding.
The Massachusetts colony. under the charter
OF 1929. assumed 1.-The exercise of the most
plenay executive. legislative and judicial pow
ers." This charter was annuled in 1884. AID
new one granted in 1891. Under IL they still
retained legislative control, subject 70 the veto
of royal Governor. The charters of Rhode
lshnd and Connecticut gave practically COM
ptte local control 10 the colonists.
The Virginia charter, OF 1909 gave somewhat
hreer control 10 the company than that OF
1606. In 1919 the Governor was authorized to
summon representatives. Their assembling was
lie first eXempliticaIlOn of the legislative prin-
ciple in America.
In prelude TO his "Frame of Government
for Pennsylvania" Penn said: "Any govern.
ment is free TO The people under it (whateyer be
The france where the laws rule and the people
are party TO those laws"
He described the end and purpose OF civil
government 10 be: ITO support power in rev.
eIence WIN Inc people, and 10 secure the pe0-
pie from the abuse OF power; that they may be
Tree by their just obedience, and The magis-
trates honorable. for their just administration
for liberty without obedience is confusion, and
obedience without liberty is slavery"
Before 100 representative assemblies had
become part of The constitution of every col
ony except Georgia, ana OF that colony in 1904.
In all except pennsylvania and Delaware these
bodies were bicameral, following the English
system.
AT the time of the revolution In all the colo
MES a system of small civil subdivisions had
been established for the control OF local affairs.
Speaking OF this local control Mr.. rockingham
says: "Tbey Tested their own decisions and
could correct their own judgments They all
had legislative bodies, one branch OF which. at
least. was chosen by the people. They pos
sessed the right of the petition. OF free speech,
of public assemblage, trial by jury and babeas
corpus. The supreme executive power In each
was exercised by Governor. In Connecticut
and Rhode Island he was chosen by the people
In Pennsylvania, Delaware and Maryland he
was appointed by the proprietors; IN the
other colonies by the crown. In the lat
ter colonies he was an alien element. His
lot was an unhappy one. He could
not please both the people aud the
King. Each colony had its judiciary. EX-
cept in Connecticut and RHODE Island, where
they were appointed By the Legislatures, the
Judges were generally appointed by the Gov
ernor ana tbeirsalaries paid out of the colonial
treasures. Their judgments were final, except
when appealed TO the Priv Council of the
King, for Which express provision was made In
some of the charters The Supreme Court of
New York. in 1854. held that this appeal did
not involve a examination of the facts but
was rather in the nature OF q writ of error.
Sir Richard Sutton said In the debate OF the