Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol I).djvu/79

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CH. III.]
SETTLEMENT OF NEW-ENGLAND.
39

creased to seven.[1] The supreme legislative power resided in, and was exercised by the whole body of the male inhabitants, every freeman, who was a member of the church, being admitted to vote in all public affairs.[2] The number of settlements having increased, and being at a considerable distance from each other, a house of representatives was established in 1639;[3] the members of which, as well as all other officers, were annually chosen. They adopted the common law of England as the general basis of their jurisprudence, varying it however from time to time by municipal regulations better adapted to their situation, or conforming more exactly to their stern notions of the absolute authority and universal obligation of the Mosaic Institutions.[4]

§ 56. The Plymouth Colonists acted, at first, altogether under the voluntary compact and association already mentioned. But they daily felt embarrassments from the want of some general authority, derived directly or indirectly from the crown, which should recognise their settlement and confirm their legislation. After several ineffectual attempts made for this purpose, they at length succeeded in obtaining, in January, 1629, a patent from the council established at Plymouth, in England, under the charter of King James of 1620.[5] This patent, besides a grant of the territory upon the terms and tenure of the original patent of 1620,
  1. Morton's Mem. 110; Prince's Annals, 225; 2 Hutch. Hist. 463, 465; 1 Haz. Coll. 404, 408, 411, 412.
  2. Robertson's America, B. 10; 2 Hutch. Hist. 467; 1 Haz. Coll. 408, 411, 412, 114.
  3. 2 Hutch. Hist. 463.
  4. Robertson's America, B. 10; 2 Hutch. Hist 462, 463, 464; Hubbard's Hist. ch. 10, p. 62; Chalmers's Annals, p. 88.
  5. 2 Hutch. Hist. 464, 479; 1 Haz. Collec. 298, 404, 468; 1 Chalm. Annals, 97, 98; 1 Holmes's Annals, 201.