which make an appendix to it.

The ecclesiastical excrescence upon it, probably inevitable at the time, but absolutely contrary to the spirit of the whole instrument, was to remain and trouble the commonwealth until the political system came fully up to its own original standard in 1818. .

The constitution gave the general court power to "admit of freemen;" but the right of suffrage was given unequivocally, by a subsequent addition to the first section, to admitted freemen who had taken the oath of fidelity to the commonwealth; and in 1643, to settle the matter, the court declared that it understood by "admitted inhabitants" those who had been admitted by a town. The towns, therefore, retained complete political control of their own affairs. No attempt was made to define the powers of the towns, for the reason that they, being preëxistent and theoretically_independent bodies, had all powers not granted to the commonwealth. To avoid any possible question, the general court, at its meeting in the following October, passed a series of orders, securing to the towns the powers of selling their lands; of choosing their own officers; of passing local laws with penalties; of assessing, taxing, and distraining for non-payment; of choosing a local court of three, five, or seven persons, with power to hear and determine causes arising between inhabitants of the town, and involving not more than forty shillings; of recording titles, bonds, sales and mortgages of lands within the town; and of managing all probate business arising within the town. The really new point introduced by the "orders" was the direction to the towns to choose certain of their chief inhabitants, not exceeding seven, to act as magistrates. Out of this grew rapidly the executive board of the towns known as "selectmen," who have ever since held almost a dictatorship in their towns during the intervals between meetings of their towns, limited by the force of public opinion, by commonwealth statutes, and by personal responsibility. These orders are often called an "incorporation" of the towns by the general court. The word can hardly be defended. All these privileges belonged to the towns already; and the orders of October 10, 1639, are much more like the first ten amendments to the Constitution of the United States, a Bill of Rights, originating in the jealousy of the political units. Indeed, there is hardly a step in the proceedings in Connecticut in 1639 which does not tempt one to digress into the evident parallels in the action on the national stage one hundred and fifty years later. -Johnston.

PLAN OF UNION OF THE BRITISH AMERICAN COLONIES, ADOPTED BY THE CONVENTION AT ALBANY IN 1754, WITH THE REASONS AND MOTIVES FOR EACH ARTICLE OF THE PLAN.

IT is proposed, that humble application be made for an act of Parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said Colonies, within and under which government each Colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter follows.

PRESIDENT-GENERAL AND GRAND COUNCIL.

That the said general government be administered by a PresidentGeneral, to be appointed and supported by the crown; and a Grand Council, to be chosen by the representatives of the people of the several Colonies met in their respective assemblies.

It was thought that it would be best the President-General should be supported as well as appointed by the crown, that so all disputes between him and the Grand Council concerning his salary might be prevented; as such disputes have been frequently of mischievous consequence in particular Colonies, especially in time of public danger. The quitrents of crown lands in America might in a short time be sufficient for this purpose. The choice of members for the Grand Council is placed in the House of Representatives of each government, in order to give the people a share in this new general government, as the crown has its share by the appointment of the President-General.

But it being proposed by the gentlemen of the Council of New York, and some other counsellors among the commis

sioners, to alter the plan in this particular, and to give the governors and councils of the several Provinces a share in the choice of the Grand Council, or at least a power of approving and confirming, or of disallowing, the choice made by the House of Representatives, it was said—

"That the government or constitution, proposed to be formed by the plan, consists of two branches; a PresidentGeneral appointed by the crown, and a Council chosen by the people, or by the people's representatives, which is the same thing.

"That, by a subsequent article, the Council chosen by the people can effect nothing without the consent of the President-General appointed by the crown; the crown possesses, therefore, full one half of the power of this constitution.

"That in the British constitution, the crown is supposed to possess but one third, the Lords having their share.

"That this constitution seemed rather more favorable for the crown.

"That it is essential to English liberty, that the subject should not be taxed but by his own consent, or the consent of his elected representatives.

"That taxes to be laid and levied by this proposed constitution will be proposed and agreed to by the representatives of the people, if the plan in this particular be preserved;

"But if the proposed alteration should take place, it seemed as if matters may be so managed, as that the crown shall finally have the appointment, not only of the PresidentGeneral, but of a majority of the Grand Council; for seven out of eleven governors and councils are appointed by the crown;

"And so the people in all the Colonies would in effect be taxed by their governors.

"It was therefore apprehended, that such alterations of the plan would give great dissatisfaction, and that the Colonies could not be easy under such a power in governors, and such an infringement of what they take to be English liberty.

"Besides, the giving a share in the choice of the Grand Council would not be equal with respect to all the Colonies, as their constitutions differ. In some, both governor and council are appointed by the crown; in others, they are both appointed by the proprietors. In some, the people have a share in the choice of the council; in others, both government and council are wholly chosen by the people. But the House of Representatives is everywhere chosen by the people; and,

therefore, placing the right of choosing the Grand Council in the representatives is equal with respect to all.

"That the Grand Council is intended to represent all the several Houses of Representatives of the Colonies, as a House of Representatives doth the several towns or counties of a Colony. Could all the people of a Colony be consulted and unite in public measures, a House of Representatives would be needless, and could all the Assemblies conveniently consult and unite in general measures, the Grand Council would be unnecessary.

"That a House of Commons or the House of Representatives, and the Grand Council, are thus alike in their nature and intention. And, as it would seem improper that the King or House of Lords should have a power of disallowing or appointing members of the House of Commons; so, likewise, that a governor and council appointed by the crown should have a power of disallowing or appointing members of the Grand Council, who, in this constitution, are to be the representatives of the people.

"If the governors and councils therefore were to have a share in the choice of any that are to conduct this general government, it should seem more proper that they choose the President-General. But, this being an office of great trust and importance to the nation, it was thought better to be filled by the immediate appointment of the crown.

"The power proposed to be given by the plan to the Grand Council is only a concentration of the powers of the several Assemblies in certain points for the general welfare; as the power of the President-General is of the several governors in the same points.

"And as the choice therefore of the Grand Council, by the representatives of the people, neither gives the people any new powers, nor diminishes the power of the crown, it was thought and hoped the crown would not disapprove of it."

Upon the whole, the commissioners were of opinion, that the choice was most properly placed in the representatives of the people.

That within

ELECTION OF MEMBERS.

months after the passing such act, the House of Representatives that happen to be sitting within that time, or that shall be especially for that purpose convened, may and shall choose members for the Grand Council, in the following proportion, that is to say,

It was thought, that if the least Colony was allowed two, and the others in proportion, the number would be very great, and the expense heavy; and that less than two would not be convenient, as, a single person being by any accident prevented appearing at the meeting, the Colony he ought to appear for would not be represented. That, as the choice was not immediately popular, they would be generally men of good abilities for business, and men of reputation for integrity; and that forty-eight such men might be a number sufficient. But, though it was thought reasonable that each Colony should have a share in the representative body in some degree according to the proportion it contributed to the general treasury, yet the proportion of wealth or power of the Colonies is not to be judged by the proportion here fixed; because it was at first agreed, that the greatest Colony should not have more than seven members, nor the least less than two; and the setting these proportions between these two extremes was not nicely attended to, as it would find itself, after the first election, from the sums brought into the treasury, as by a subsequent article. PLACE OF FIRST MEETING.

who shall meet for the first time at the city of Philadelphia in Pennsylvania, being called by the President-General as soon as conveniently may be after his appointment.

Philadelphia was named as being nearer the centre of the Colonies, where the commissioners would be well and cheaply accommodated. The high roads, through the whole extent, are for the most part very good, in which forty or fifty miles a day may very well be, and frequently are, travelled. Great part of the way may likewise be gone by water.

In summer