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declared to have and possess all liberties, franchises, and immunities of subjects within any dominions of the Crown of England, to all intents and purposes, as if they were born and abiding within the realm or other dominions of that Crown. The original grantees, or patentees, were to hold the lands and other territorial rights in the Colonies, of the King, his heirs and successors, in the same manner as the manor of East Greenwich, in the county of Kent, in England, was held of him, in free and common socage, and not in capite, (as it was technically called,) that is to say, by a free and certain tenure, as contradistinguished from a military and a servile tenure,-a privilege of inestimable value, as those, who are acquainted with the history of the feudal tenures, well know.* The patentees were also authorized to grant the same lands to the inhabitants of the Colonies in such form and manner, and for such estates, as the Council of the Colony should direct. These provisions were, in substance, incorporated into all the charters subsequently granted by the Crown to the different Colonies, and constituted also the basis, upon which all the subsequent settlements were made.

$ 9. The Colony of Virginia was the earliest in its origin, being settled in 1606. The Colony of Plymouth (which afterwards was united with Massachusetts, in 1692) was settled in 1620; the Colony of Massachusetts in 1628; the Colony of New Hampshire in 1629 ; the Colony of Maryland in 1632 ; the Colony of Connecticut in 1635 ; the Colony of Rhode Island in 1636 ; the Colony of New York in 1662; the Colonies of North and South Carolina in 1663; the Colony of New Jersey in 1664 ; the Colony of Pennsylvania in 1681 ; the Colony of Delaware in 1682 ; and the Colony of Georgia in 1732. In using these dates, we refer not to any sparse and disconnected settlements in these Colonies, (which had been made at prior periods,) but to the permanent settlements made under distinct and organized governments.

* On this subject, the reader can consult the history of the ancient and modern English tenures in Blackstone's Commentaries, vol. ii.

CHAPTER II.

Colonial Governments.

§ 10. Let us next proceed to the consideration of the political Institutions and forms of Government, which were established in these different Colonies, and existed here at the commencement of the Revolution. The governments originally formed in these different Colonies may be divided into three sorts, viz., Provincial, Proprietary, and Charter, Governments. First, Provincial Governments. These establishments existed under the direct and immediate authority of the King of England, without any fixed constitution of government; the organization being dependent upon the respective commissions issued from time to time by the Crown to the royal governors, and upon the instructions, which usually accompanied those commissions. The Provincial Governments were, therefore, wholly under the control of the King, and subject to his pleasure. The form of government, however, in the Provinces, was at all times practically the same, the commissions being issued in the same form. The commissions appointed a Governor, who was the King's representative, or deputy ; and a Council, who, besides being a part of the Legislature, were to assist the Governor in the discharge of his official duties; and both the Governor and the Council held their offices during the pleasure of the Crown. The commissions also contained authority to the Governor to convene a general assembly of the representatives of the freeholders and planters in the Province ; and under this authority, Provincial Assemblies, composed of the Governor, the Council, and the Representatives, were, from time to time, constituted and held. The Representatives composed the lower house, as a distinct branch ; the Council composed the upper house ; and the Governor had a negative upon all their proceedings, and the power to prorogue and disdeclared to have and possess all liberties, franchises, and immunities of subjects within any dominions of the Crown of England, to all intents and purposes, as if they were born and abiding within the realm or other dominions of that Crown. The original grantees, or patentees, were to hold the lands and other territorial rights in the Colonies, of the King, his heirs and successors, in the same manner as the manor of East Greenwich, in the county of Kent, in England, was held of him, in free and common socage, and not in capite, (as it was technically called,) that is to say, by a free and certain tenure, as contradistinguished from a military and a servile tenure,—a privilege of inestimable value, as those, who are acquainted with the history of the feudal tenures, well know.* The patentees were also authorized to grant the same lands to the inhabitants of the Colonies in such form and manner, and for such estates, as the Council of the Colony should direct. These provisions were, in substance, incorporated into all the charters subsequently granted by the Crown to the different Colonies, and constituted also the basis, upon which all the subsequent settlements were made.

$ 9. The Colony of Virginia was the earliest in its origin, being settled in 1606. The Colony of Plymouth (which afterwards was united with Massachusetts, in 1692) was settled in 1620 ; the Colony of Massachusetts in 1628; the Colony of New Hampshire in 1629 ; the Colony of Maryland in 1632; the Colony of Connecticut in 1635 ; the Colony of Rhode Island in 1636 ; the Colony of New York in 1662; the Colonies of North and South Carolina in 1663; the Colony of New Jersey in 1664 ; the Colony of Pennsylvania in 1681 ; the Colony of Delaware in 1682 ; and the Colony of Georgia in 1732. In using these dates, we refer not to any sparse and disconnected settlements in these Colonies, (which had been made at prior periods,) but to the permanent settlements made under distinct and organized governments.

* On this subject, the reader can consult the history of the ancient and modern English tenures in Blackstone's Commentaries, vol. ii.

CHAPTER II.

Colonial Governments.

§ 10. LET us next proceed to the consideration of the political Institutions and forms of Government, which were established in these different Colonies, and existed here at the commencement of the Revolution. The governments originally formed in these different Colonies may be divided into three sorts, viz., Provincial, Proprietary, and Charter, Governments. First, Provincial Governments. These establishments existed under the direct and immediate authority of the King of England, without any fixed constitution of government; the organization being dependent upon the respective commissions issued from time to time by the Crown to the royal governors, and upon the instructions, which usually accompanied those commissions. The Provincial Governments were, therefore, wholly under the control of the King, and subject to his pleasure. The form of government, however, in the Provinces, was at all times practically the same, the commissions being issued in the same form. The commissions appointed a Governor, who was the King's representative, or deputy ; and a Council, who, besides being a part of the Legislature, were to assist the Governor in the discharge of his official duties; and both the Governor and the Council held their offices during the pleasure of the Crown. The commissions also contained authority to the Governor to convene a general assembly of the representatives of the freeholders and planters in the Province ; and under this authority, Provincial Assemblies, composed of the Governor, the Council, and the Representatives, were, from time to time, constituted and held. The Representatives composed the lower house, as a distinct branch ; the Council composed the upper house ; and the Governor had a negative upon all their proceedings, and the power to prorogue and dissolve them. The Legislature, thus constituted, had power to make all local laws and ordinances not repugnant to the laws of England, but, as near as might conveniently be, agreeable thereto, subject to the ratification or disapproval of the Crown. The Governor appointed the judges and magistrates, and other officers of the Province, and possessed other general executive powers. Under this form of government, New Hampshire, New York, Virginia, North Carolina, South Carolina, and Georgia, were governed, as provinces, at the commencement of the American Revolution ; and some of them had been so governed from an early period of their settlement.

§ 11. Secondly, Proprietary Governments. These were grants by letters patent (or open, written grants under the great seal of the kingdom) from the Crown to one or more persons as Proprietary or Proprietaries, conveying to them not only the rights of the soil, but also the general powers of government within the territory so granted, in the nature of feudatory principalities, or dependent royalties. So that they possessed within their own domains nearly the same authority, which the Crown possessed in the Provincial Governments, subject, however, to the control of the Crown, as the paramount sovereign, to whom they owed allegiance. In the Proprietary Governments, the Governor was appointed by the Proprietary or Proprietaries ; the Legislature was organized and convened according to his or their will ; and the appointment of officers, and other executive functions and prerogatives, were exercised by him or them, either personally, or by the Governors for the time being. Of these Proprietary governments, three only existed at the time of the American Revolution, viz., Maryland, held by Lord Baltimore, as Proprietary, and Pennsylvania and Delaware, held by William Penn, as Proprietary.

§ 12. Thirdly, Charter Governments. These were great political corporations, created by letters patent, or grants of the Crown, which conferred on the grantees and their associates not only the soil within their territorial limits, but also all the high powers of legislation and gov

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