An Historical Account of the Rise and Progress of the Colonies of South Carolina and Georgia, Volume 2

Excerpt

[Sidenote] The form of legal governments.

From that period in which the right and title to the lands of Carolina were sold, and surrendered to the King, and he assumed the immediate care and government of the province, a new aera commences in the annals of that country, which may be called the aera of its freedom, security, and happiness. The Carolineans who had long laboured under innumerable hardships and troubles, from a weak proprietary establishment, at last obtained the great object of their desires, a royal government, the constitution of which depended on commissions issued by the crown to the Governor, and the instructions which attended those commissions. The form of all provincial governments was borrowed from that of their mother country, which was not a plan of systematic rules drawn before-hand by speculative men, but a constitution which was the result of many ages of wisdom and experience. Its great object is the public good, in promoting of which all are equally concerned. It is a constitution which has a remedy within itself for every political disorder, which, when properly applied, must ever contribute to its stability and duration. After the model of this British constitution the government of Carolina now assumed a form like the other regal ones on the continent, which were composed of three branches, of a Governor, a Council, and an Assembly. The crown having the appointment of the Governor, delegates to him; its constitutional powers, civil and military, the power of legislation as far as the King possesses it; its judicial and executive powers, together with those of chancery and admiralty jurisdiction, and also those of supreme ordinary: all these powers, as they exist in the crown, are known by the laws of the realm; as they are entrusted to Governors, they are declared and defined by their commissions patent. The council, though differing in many respects from the house of peers, are intended to represent that house, and are appointed by the King during pleasure, for supporting the prerogatives of the crown in the province. The Assembly consists of the representatives of the people, and are elected by them as the House of Commons in Great Britain, to be the guardians of their lives, liberties, and properties. Here also the constitution confides in the good behaviour of the representatives; for should they presume in any respect to betray their trust, it gives the people more frequent opportunities than even in Britain, of chusing others in their stead. The Governor convenes, prorogues, and dissolves these Assemblies, and has a negative on the bills of both houses. After bills have received his assent, they are sent to Great Britain for the royal approbation, in consequence of which they have the force of laws in the province. This is a general sketch of the royal governments, which are intended to resemble the constitution of Great Britain, as nearly as the local circumstances of the provinces will admit, and which, notwithstanding its imperfections, is certainly the best form of government upon earth....