they contained suspending clauses to the effect that they were not to take effect till His Majesty's pleasure was declared. The Crown at the same time was not so far bound by the assent of the Governor, but that at any time within a certain limited period, the King with the advice of his Privy Council, might repeal such provincial Acts. Thus the Crown might be said to have two negatives in the Legislature, one through the Governor and another of its own. All judicial proceedings were cognizable before the Courts of Appeal in England, when the matter at issue amounted to a certain sum. The Judges appointed by the Crown or by the Governor held during pleasure, except in New York.
In the charter colonies a far different state of things existed. In Maryland, the charter of which contained the most extensive powers of any in English America, the power of making laws was vested in the Proprietary under the Charter with the assent and approbation of the freemen of the province. No right was reserved to the Crown of invalidating these laws, so long as they were not repugnant from, but as nearly as might be agreeable to the laws of this country. Under the charter as modified by an Act of William III., the Governor was appointed by the proprietary conjointly with the Crown, but the Judges and all other officers were appointed by the proprietary or the Governor or his deputy, and although the Act of Navigation and the Laws of Trade were held to restrain the commercial liberties granted by the charter, the words of the grant still remained, which said: "the Crown at no time thereafter shall impose or cause to be imposed any taxes or contributions upon the inhabitants of Maryland, or the goods and merchandize within the province or the shipping in its ports."
In Connecticut the Assembly was elected by the freemen of the province. On meeting, it elected the Governor, Deputy Governor, and twelve assistants, who, forming one collective body with the elected representatives, made laws subject to the same limitation as in the case of Maryland, and appointed Judges and all officers, superior and inferior. In Rhode Island, the constitution
