Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/183

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CH. XVII.]
GENERAL REVIEW.
143

CHAPTER XVII.

GENERAL REVIEW OF THE COLONIES.

§ 159. In respect to their interior polity, the colonies have been very properly divided by Mr. Justice Blackstone into three sorts; viz. Provincial, Proprietary, and Charter Governments. First, Provincial Establishments. The constitutions of these depended on the respective commissions issued by the crown to the governors, and the instructions, which usually accompanied those commissions.[1] These commissions were usually in one form,[2] appointing a governor, as the king's representative or deputy, who was to be governed by the royal instructions, and styling him Captain General and Governor in Chief over the Province, and Chancellor, Vice-Admiral, and Ordinary of the same. The crown also appointed a council, who, besides their legislative authority, were to assist the governor in the discharge of his official duties; and power was given him to suspend them from office, and, in case of vacancies, to appoint others, until the pleasure of the crown should be known. The commissions also contained authority to convene a general assembly of representatives of the freeholders and planters;[3] and under this authority provincial assem-
  1. 1 Bl. Comm. 108; Stokes's Hist. Colon. 20, 23, 149, 184, 185; Cowper's R. 207, 212; Com. Dig. Navigation, G, 1; 2 Doug. Summ. 163, note; Id. 251; 1 Doug. Summ. 207.
  2. Stokes's Hist. Colon. 14, 23, 149, 150, 166, 184, 185, 191, 199, 202, 237, 239; 1 Bl. Comm. 108. — Stokes has given, in his History of the Colonies, ch. 4, p. 149, &c. a copy of one of these Commissions. A copy is also prefixed to the Provincial Laws of New Hampshire, Edition of 1767.
  3. Stokes's Hist. Colon, 155, 237, 240, 241, 242, 251; 1 Pitk. Hist. 71; 1 Chalmers's Annals, 683.