The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-27
ILL.,.

The provincial governor not only had some In
direct power over legislation through his influence
over the assembly but he himself pa ri Of tho
legislative system Some of the early Governors
had been invested with legislative authority, either
Independently OF with the operation of the coun-
Gil, but this abnormal state Of things gradually
passed away, leaving to the Governor only limit
ed right OF making ordinances, and the power 10
approve or veto the acts Of the Assembly. The
Governor was also part Of the Judicial system In
most of the colonies, indeed his criminal jurisdic-
ton was. In course OF time, extnguished, but In
Virginia the Governor and Council, under the namo
Of tho General Court continued TO be the highest
tribunal In all cases criminal well as civil The
most important judicial junction of the Governor
and council was the hearing Of appeals in civil
cases where the value in question exceeded q
liked sum- The Governor, was furthermore,
the keeper Of the great seal Of the province, and
as such was in theory, the Chancellor having
jurisdiction in equity cases In some provinces the
Governor himself constituted tho Chanccry Court
in others tho Governor and council the equity
Judges, each with an equal vote As a part Of his
ecclesiastical jurisdiction the Governor had the pro
bate nj wills and the issuance Of marriage licenses;
either alone or with the council he usually acted
as a court Of probate; in Massachusetts and New
Hampshire tho Governor and council constituted
n court for the decision OF questions Of marriage
and divorce The Governor was also named in the
royal commission for the trial Of piracy casos This
commission usually included the governors of a
few adjacent colonies, with some other officers OF
the colonial service Thus the Governor besides
having an indirect influence upon the administra-
ton OF justice through his control of the organize
ton Of the courts and the machinery Of enforce
mcnt, was himself we have said an important
part OF the judicial system. II is clear that under
such arcgtme the Independence Of tho judiciary
must have been seriously impaired.
We observe, finally that u Governors commits
sion authorized him. either directly or through
officers Of his appointment TO arm, muster and
command all persons residing within his province
to transfer them from place 10 place; TO resist all
enemies, pirates or rebels TO transport troops to
other provinces In onlCr TO defend them against
| invasion, and in short to do anything properly
belonging 10 the Office OF commander in chief
These powers were To he exercised by the Governor
independently. Furthermore, he might with tho
advice and consent Of tho council establish forti-
hcatons and furnish them with supplies and in
time Of actual war he might execute martial law.
In practice, however the scope of the military
powers OF the Governor was far from being as large
as the terms Of his commission would indicate
They could not be exercised without financial sup
port from the Assembly. support which was often
ErIdginSly given and sometimes refused Tho
truth is that the Assembly through its mere exist
ence as a critical bhdy. was the organized express
sion OF tho public opinion a the province. and
through its power tho purssc was able to con-
troll tho Governors action 10 an extent which uoEe
than counIeraetSd The measure Of authoity NTH