text-book of Adams and Otis, and through his writings they began to inquire into the sources and permanence of authority. His ideas were incorporated into the Declaration of Independence, which served as a justification of the American revolution. READING BRYCE.-Studies in History and Jurisprudence. BLACKSTONE.-Commentaries. FORD.-Representative Government. WHITE.-The Making of the English Constitution. CHAPTER II THE CONSTITUTIONAL SYSTEM OF THE COLONIES I. The constitutional organization of a royal or provincial colony (Virginia). A. The influence of geography. In Virginia, carriage by water was convenient and reasonable. Indentation multiplied the sea-front mileage and possible harbors. This had its influence upon the constitution of Virginia. In time, the great plantation became the effective economic unit. The inevitable result was a planting aristocracy, and county government in contradistinction to town government. The local government of Virginia was much like that of England. The common people had slight participation in the government. This system, while undemocratic, produced a number of great statesmen. B. The fundamental law of the colony. There were three charters, under the dates of 1606, 1608, and 1612. The main lines of the Virginia constitutional system were laid down in these charters. In the year 1624 the colony became provincial, and the constitution was found thereafter in the governors' commissions. Another source of the Virginia constitution was the instructions issued to the governors. Another source was the statutory law of the House of Burgesses. Around the law grew a body of custom and practices with reference to appointments, and other functions of government. The first charter reserved large powers to the Crown. Later certain legislative and appointive powers were given to the council or Company. Still later the entire power was conferred upon the Company. In 1624, these institutions were taken over by the Crown, and in place of the Company's governor and council, there were substituted royal officials. C. The royal governor. He had the usual executive powers, the duty to establish working relations with the council, to fill vacancies in the council, to make laws with the cooperation of the council, and to appoint judges, and military and naval commanders. D. The governor and the council. The council was composed of twelve of the principal gentlemen of the country. The governor and five members of the council constituted the Court with civil and criminal jurisdiction, and also served as a court of Chancery. The council aided the governor in the disposition of lands, which were often granted to his favorites. It also aided the governor in the distribution of the revenue, and in the matter of war and peace with the Indians. Most of the governor's duties were subject to the approval of the council, which also served as an upper house of the legislature. E. The House of Burgesses. This house appeared in 1619. The first call for the House stipulated that it should consist of the governor, the council, and two representatives from each plantation, hundred or ward. This system was continued until about 1680, when the two houses were separated. The qualifications of members were not definite, but they were, in the main, men of wealth. The governor and the Burgesses were in constant conflict. The colonists claimed all the rights of Englishmen, and asserted further that they did not derive their rights from the king. The right of veto was freely admitted. The greatest disputes concerned the question of salaries. The purse was used as a means to control the governor. Land grants and the disposition of revenue were other sources of friction. Requests for an accounting and the exercise of the veto power led to constant friction. F. Provincial control over suffrage and local government. The control of suffrage was in the hands of the legislature. At first there were no specific qualifications. The first Burgesses were elected by "inhabitants," probably freeholders. About 1650, suffrage was conferred on all freemen. By 1705 the members of the House of Burgesses were required to be freeholders. The suffrage law of 1762 established a freehold qualification for voters. This remained the law until 1829, when negroes, mulattoes, and Catholics were excluded. The control of local government was in the hands of the legislature. The statutes regulating local government followed closely the laws and customs of England. The student finds in Virginia, under the colonial system, a mirror of the English social and political system. II. The constitutional organization of a proprietary colony (Pennsylvania). A. The royal grant to William Penn. The land was given outright, but the government was not vested absolutely in the proprietor. The charter required him to gain the consent of the colonists, who were freemen. A representative assembly was provided for, thus safeguarding the rights of person and property, and guaranteeing the right of participation in the government. B. Later plans of government. The different schemes of government issued in the name of the proprietor were in reality participated in by the people. The influence of popular opinion was extensive. Religious freedom was allowed, with the limitation that offices were open only to Christians. Provision was made for an assembly, composed of four persons from each county. The executive was the proprietor when present, and his deputy in case of his absence. C. The representative system of the proprietary colony. Statutes controlled suffrage and elections. To vote or hold office, one must be a freeholder with fifty acres of land or with £50. The same requirements obtained in the city of Philadelphia. There was, under this system, one chamber of the legislature. A council was appointed by the governor which had no legislative power. Religious liberty was the distinguishing feature of the Pennsylvania system. D. The proprietor and the legislature. The proprietor was dependent upon the legislature, as in other |