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240 Separation of departments. [me exercise the executive and judicial powers, or either of them/' and so of each of the other departments respectively. The Maryland Declaration of Rights, adopted in 1776, contained some special features. One of these was that the people of the State were entitled to the common law of England, and to trial by jury according to the course of that law, and to the benefit of such English statutes as existed at the time of the first emigration, so far as the same had been found applicable to their local or other circumstances, and of such others as have since been passed in England and have been introduced, used, and practised by the courts of law or equity. Another was a declaration against poll taxes, as grievous and oppressive. Another, found also in other State declarations, was against ex post facto laws in criminal law. Another was against endowments of religion by lands or goods, without leave of the legislature, except gifts of lands not exceeding two acres for a church or burying-ground. The foregoing embrace all the important features of the bills or declarations of the several States having such provisions. In accordance with these Bills of Rights, or, when such were wanting, in accordance with the principle set forth in them, the constitutions of the States generally provided with greater or less emphasis for a separation of the three departments of government the legislative, the judiciary, and the executive. In special furtherance of this provision, the power of the governor, or president as he was called in two or three of the States, was particularly limited in relation to the legislature of his State. Thus, by the constitution of Virginia, the governor was not to prorogue or adjourn the legislature, during its sitting, nor dissolve it at any time; though, with the advice of the Council, or on appli- cation of a majority of the House of Delegates, he might call the legislature together before the time to which it stood adjourned. In Massachusetts the governor, with advice of the Council, in case of disagreement between the two houses of the legislature, in regard to adjournment or prorogation, should have power to adjourn or prorogue the legislature for a period of not more than ninety days. These are typical provisions. The principle of separation was not, however, fully carried out in all the States, especially in the majority of them which had a Council distinct from the legislature ; that body being a sort of inheritance from the confusion of the colonial period. By the constitution of Virginia, adopted in 1776, a " Privy Council or Council of State" was created, to consist of eight persons. These were to be chosen by joint ballot of the houses of the legislature, "either from their own members or the people at large"; and they were " to assist in the administration of government." They were also to choose, out of their own members, a " president, who in case of the death, inability, or absence of the governor from the government," was to