Statehouse

“ The kingdom shall remain divided, as heretofore, into governments, under the usual provincial administrations. No governor-general shall, from this time, be appointed within the kingdom. Article 47. The courts of justice, superior as well as inferior, shall administer justice according to the laws and statutes of the realm. The provincial governors, and all other public functionaries, shall exercise the offices entrusted to them according to existing regulations; they shall obey the orders of the king, and be responsible to him if any act is done contrary to law. ”

“ The form of government conferred on Carolina, when it became a royal province, was in substance this: It consisted of a governor and council appointed by the crown, and an Assembly chosen by the people; and these three branches constituted the legislature. The governor convened, prorogued, and dissolved the legislature, and had a negative upon the laws, and exercised the executive authority. He possessed also the powers of the court of chancery, of the admiralty, of supreme ordinary, and of appointing magistrates and militia officers. ”

“ By the charter of this province, the legislative power is in the Governor, who is appointed by the King, the Council and House of Representatives. The legislative of any commonwealth must be the supreme power. But if any edict or instruction of any body else, in what form soever conceiv'd, or by what power soever backed, can have the force and obligation of a law in the province which has not its sanction from that legislative, it cannot be the supreme power. Its laws however salutary, are liable at any time to be abrogated at the pleasure of a superior power. ”

“ The supreme powers of the nation are vested in three partially independent branches of government—executive, legislative, and judicial—represented by the president and his cabinet, a national congress of two chambers, and a supreme tribunal. The states forming the federation consist of the twenty provinces and municipal district of the empire, but the number may be increased or diminished by the states concerned with the approval of the national congress. The states are self-governed, and have exclusive control of the public lands, mines, industries, and all local affairs. ”

“ Their progress was slow, but they were contented. 1667A new constitution was given them, by which the executive power was placed in a governor, to act by the advice of a council of twelve, six of whom were to be chosen by himself, and the others by the assembly, which was composed of the governor, the council, and twelve delegates, to be elected annually by the freeholders. Perfect freedom in religion was established, and all were entitled to equal privileges, on taking the oaths of allegiance to the King, and of fidelity to the proprietors. ”

“ From the date of our charter to the time of the Stamp Act, and indeed since that time, (notwithstanding the misrepresentations of our charter constitution, as too popular and republican,) the council of this province have been generally on the side of the governor and the prerogative. For the truth of this, I appeal to our whole history and experience. The art and power of governors, and especially the negative, have been a stronger motive on the one hand, than the annual election of the two houses on the other. ”

“ The most prevalent idea in the principal States seems to be a total alteration of the present federal system, and substituting a great national council or parliament, consisting of two branches of the legislature, founded upon the principles of equal proportionate representation, with full legislative powers upon all the subjects of the Union; and an executive: and to make the several State legislatures subordinate to the national, by giving the latter the power of a negative upon all such laws as they shall judge contrary to the interest of the federal Union ... ”

“ But, sir, on whom does this general government depend? It derives its authority from these governments, and from the same sources from which their authority is derived. The members of the federal government are taken from the same men from whom those of the state legislatures are taken. If we consider the mode in which the federal representatives will be chosen, we shall be convinced that the general will never destroy the individual governments; and this conviction must be strengthened by an attention to the construction of the Senate. ”

“ The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity and of office, the governor before the President of Congress, and all other officers before the governor. As soon as a Legislature shall be formed in the district, the council and house assemble, in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting during this temporary government. ”

“ And the House might have been equally culpable, if they had refusd to chuse a Speaker and Clerk, or to elect Councellors, whereby to compleat the General Court; for in Case of Omission in either part, a Question might arise, Whether the people would have a Legislature. When the General Assembly is thus formd, they are impowerd by the Charter, to make, ordain and establish all Manner of wholesome and reasonable Orders, Laws, Statutes & Ordinances, Directions and Instructions, either with penaltys or without. ”

“ VIII. That the Governor and provincial Council shall, at all times, settle and order the situation of all cities, and market towns, in every county, modelling therein all public buildings, streets and market places; and shall appoint all necessary roads and highways, in this province and territories thereof.
IX. That the Governor and provincial Council shall, at all times, have power to inspect the management of the public treasury, and punish those who shall convert any part thereof to any other use, than what hath been agreed upon by the Governor, provincial Council and Assembly. ”

“ When an application by a Territory for Statehood is made, it is considered by Congress, and, if approved, the inhabitants of the Territory are authorized to form for themselves out of such Territory a State government, and thus prepare themselves for admission into the Union. ”

“ Many of us, sir, said he, are officers of government; many of us have seats in the Senate and Assembly: let us, on this solemn occasion, forget the pride of office; let us consider ourselves as simple citizens, assembled to consult on measures that are to promote the happiness of our fellow-citizens. As magistrates, we may be unwilling to sacrifice any portion of the power of the state; as citizens, we have no interest in advancing the powers of the state at the expense of the Union. ”

“ The colony having been settled by emigrants from different nations, of different religious persuasions, the indiscreet endeavour to produce uniformity, could not fail to increase their irritation. The influence of the governor in the legislature obtained the passage of such acts as were necessary for his purpose; but many petitions against them were laid before parliament; and the house of lords presented so decisive an address to her majesty on the subject, that a writ of quo warranto against the charter was directed. ”

“ When more than one half of the province shall have reached the constitutional period, that is when they have completely adopted local self-government, the People's Congress shall be convened to decide on and promulgate the Constitution. ”

“ Congress can endow territorial governments and municipal corporations with legislative powers, as the possession of such powers for certain purposes of local administration is indispensable to their existence. ”

“ If the inhabitants of the different States consider it as a grievance to attend a county court, or the seat of their own government, when a little inconvenient, can it be supposed they would ever submit to have a national government established, the seat of which would be more than a thousand miles removed from some of them? ”

“ That when the governor, council, and assembly, or general court of any of his majesty’s provinces or colonies, shall propose to make provision for contributing their proportion to the common defence, such proportion to be raised under the authority of the general court, or general assembly of such province or colony, and disposable by parliament ”

“ The sovereign is the whole county, the sovereignty residing in the general assembly, where all the males of fifteen have entry and suffrage; but each valley apart has, with respect to its interior concerns, its Land-Amman, its officers of administration, and its public assembly, composed of fifty-eight senators, taken from the communities. As to affairs without, there is a general council, formed of all the officers of administration, and of fifty-eight senators chosen in the said councils of the two valleys. ”

“ The new government derived directly from the people, and not from the towns, those present also agreeing that it should be “democraticall, that is to say, a Government held by the free and voluntarie consent of all, or the greater parte of the free Inhabitants.” [618] Legislation was, in the main, to be initiated by the people in town meeting, and not by the Assembly, which latter was to be a representative body, consisting of six delegates from each township. ”

“ It is the peculiar province of the legislature to prescribe general rules for the government of society: the application of those rules to individuals in society would seem to be the duty of other departments. How far the power of giving the law may involve every other power, in cases where the Constitution is silent, never has been and perhaps never can be definitely stated. ”

“ It has been very properly said, on all sides, that this Act, declaring the rights of the citizens, and forming their government, divided it into three great branches, the legislative, executive, and judiciary, assigning to each its proper powers, and directing that each shall be kept separate and distinct, must be considered as a rule obligatory upon every department, not to be departed from on any occasion. ”

“ As we have found it necessary to give very extensive powers to the federal government both over the persons and estates of the citizens, we thought it right to draw one branch of the legislature immediately from the people, and that both wealth and numbers should be considered in the representation. ”

“ But when the Federal Government enters a field as historically local as the administration of decedents' estates, some clear relation of the asserted power to one of the delegated powers should be shown. At times the exercise of a delegated power reaches deep into local problems. ”

“ Let us have a triennial grand council to originate bills, allowing King George to appoint the governor-general who may have a negative voice, and who shall choose the military officers, as against the civil appointees of the council. All war measures, external land purchases and organization, general laws and taxes should be the province of the federal government, but each colony should keep its private constitution, and money should issue only by common consent. ”

“ That the ordinary legislature may alter the constitution itself. On the discontinuance of assemblies, it became necessary to substitute in their place some other body, competent to the ordinary business of government, and to the calling forth the powers of the State for the maintenance of our opposition to Great Britain. Conventions were therefore introduced, consisting of two delegates from each county, meeting together and forming one house, on the plan of the former house of burgesses, to whose places they succeeded. ”

“ The constitutional power of the federal government to construct or promote works of internal improvement presents itself in two points of view—the first, as bearing upon the sovereignty of the states within whose limits their execution is contemplated, if jurisdiction of the territory which they may occupy be claimed as necessary to then preservation and use ”

“ That it is the duty of the Federal Government in all its departments, to protect, when necessary, the rights of persons and property in the Territories, and wherever else its constitutional authority extends. ”

“ The house of representatives of this province have taken into their consideration the great difficulties that must accrue to themselves and their constituents, by the operation of the several acts of parliament imposing duties and taxes on the American colonies.
As it is a subject in which every colony is deeply interested, they have no reason to doubt but your house is duly impressed with its importance: and that such constitutional measures will be come into as are proper. ”

“ The legislative power of the Empire shall be exercised by the federal council and the diet. A majority of the votes of both houses shall be necessary and sufficient for the passage of a law. When a law is proposed in relation to the army or navy, or to the imposts specified in article 35, the vote of the presiding officer shall decide; in case of a difference of opinion in the federal council, if said vote shall be in favor of the retention of the existing arrangements. ”

“ The General Assembly also has the power, by means of general law, to confer upon boards of supervisors of counties and the councils of cities and towns powers of local and special legislation insofar as the delegation of power is not inconsistent with constitutional limitations. ”