As no consistent or well-digested plan was prepared to remedy these evils, recourse was had to expostulation, to issuing peremptory orders to governors, and to threats of invoking parliamentary interposition. These measures only aggravated the evils they were intended to repress, for commands and menaces were alike disregarded where it was well known there was no power whatever to enforce them; and the authority that was at first evaded or disobeyed, at last became everywhere the subject of ridicule or contempt.

CHAPTER VI.

POLITICAL INSTITUTIONS UNDER THE CHARTER.

Office, duties, and modes of appointment of the Charter Governors-Court of Assistants-Origin and growth of the House of Delegates-Jealousy of the people as to power of Governor and Magistrates Code of laws described-Specimens of the sentences of the courtsPerfect equality secured by their laws and institutions— Account of townships and town meetings Counties, towns, and General Court present a miniature of a great Republic-Union of the colonies, the foundation of the federal union of the States-General system of popular education prepares the people for self-government.

We have seen in the foregoing chapters, that in civil and ecclesiastical matters, Massachusetts, and the other adjoining colonies, known as New England, asserted and maintained total independence. An attentive consideration of these institutions leads us to the conclusion that they had ever

in view the project of adhering as nearly as possible to a democratic form of government.

From the moment of their landing in America, and taking possession of the country, though they preserved a friendly intercourse with England, the colonists extinguished all obedience, and severed all political connection with it. They set up a Government of their own, based on popular election, and, as freemen under the Charter, claimed and enjoyed the right of modelling their constitution in their own way, and appointing their own officers, to exercise for a limited period executive and legislative functions. Their republicanism was not theoretical, but practical; not having a predominant character of self-government, but possessing no other ingredient but the will of the people. Jealous of gubernatorial influence, they delegated as small a share of authority to the Governor as possible, who was chosen annually, and was little more than chairman of the assistants. He had the power of convening the Legislature upon urgent occasions; but this he only enjoyed in common with the Deputy-Governor, and the majority of the councillors, either of whom could command their attendance if he neglected, or did not see fit to do So. He voted with the assistants, but merely as a member of the Court, his opinion having no more weight necessarily attached to it than that of another individual, unless there was an equal divi

sion, which entitled him to a casting vote; but he could not adjourn, prorogue, or dissolve them, acts which were reserved for the majority only. He issued commissions to civil and military officers; but the former were appointed by the Court, and the latter generally elected by their companies or regiments.

The oldest dispute in the colony related to the grounds and limits of the Governor's authority. At Boston, on occasions of dividing the town lands, "men of the inferior sort were chosen." The doctrine of rotation was asserted, even to the neglect of Winthrop, "lest there should be a Governor for life." When one of the elders proposed that the office should be held in that manner, the deputies immediately resolved that no magistrate of any kind should be elected for more than a year. The justices once assembling, in a sort of aristocratic caucus, nominated several persons for the choice of the people, but they took care to neglect every one of the candidates thus proposed. On the other hand, when one of the ministers attempted to dissuade the freemen from selecting certain persons who were obnoxious to the clergy, they disliked the interference of the adviser, more than they approved of the doctrine of frequent change, and returned them almost without an exception.* So deeply rooted and

*Bancroft. Winthrop.

widely spread was the prejudice against a life tenure, that it may be said to have prevailed throughout New England. Connecticut, by a distinct declaratory clause in its fundamental constitutions, carefully guarded against any such result.

The advantage that democracy gains by making provision for public officers annually, and not attaching fixed salaries to their situations, was very early perceived. In a contested election for Governor, in the year 1641, Mr. Bellingham was chosen over his rival Winthrop, by a majority of six votes. The result was not agreeable to the General Court; and the first order they made, after proceeding to business, was to repeal a standing law, allowing him a yearly salary of £100. This precedent they afterwards adopted, as we shall presently see, with great success in embarrassing all the subsequent representatives of royalty, until the actual breaking out of hostilities.

The Assistants or Councillors were annually chosen by the whole body of freemen in the colony. They constituted, with the Governor, at the first settlement, the whole, and subsequently one of the two branches of the Legislature, and were also the Supreme Court in all civil and criminal causes, except in those instances in which an appeal was allowed to the General Assembly. When the Lower House came into existence, the members chose the Speaker, and proceeded to