Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/66

tions of legislation.^[1] Thus was formed and established the first representative legislature, that ever sat in America. And this example of a domestic parliament to regulate all the internal concerns of the country was never lost sight of, but was ever afterwards cherished throughout America, as the dearest birth-right of freemen. So acceptable was it to the people, and so indispensable to the real prosperity of the colony, that the council in England were compelled, in 1621, to issue an ordinance, which gave it a complete and permanent sanction.^[2] In imitation of the constitution of the British parliament, the legislative power was lodged partly in the governor, who held the place of the sovereign; partly in a council of state named by the company; and partly in an assembly composed of representatives freely chosen by the people. Each branch of the legislature might decide by a majority of voices, and a negative was reserved to the governor. But no law was to be in force, though approved by all three of the branches of the legislature, until it was ratified by a general court of the company, and returned under its seal to the colony.^[3] The ordinance further required the general assembly, as also the council of state, "to imitate and follow the policy of the form of government, laws, customs, and manner of trial and other administration of justice used in the realm of England, as near as may be." The conduct of the colonists, as well as the company, soon afterwards gave offence to King James; and the disasters, which accomplished an almost total destruction of the colony

---

1. Robertson's America, B. 9; Marsh. Colon. Ch. 2, p. 54.
2. 1 Henning, Stat. 111; Stith's Virg. App. No. 4, p. 32; 1 Chalm. Annals, 54.
3. Robertson's America, B. 9; Marsh. Colon, ch. 2, p. 56; 1 Haz. Coll. 131.