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Updated: June 21, 2025
Although the new charter of Massachusetts modified the independence of that colony, by vesting the appointment of the governor in the crown, yet the course of thinking which had prevailed from the settlement of the country, had gained too much strength to be immediately changed; and Massachusetts sought, by private influence over her chief magistrate, to compensate herself for the loss of his appointment.
"These are the pillars on which the glorious fabric of our independence and national character must be supported. With close and admirable logic he expatiated upon these four heads; and with the earnestness of most profound conviction, he urged the importance of union, and the vesting of the federal Congress with greater power.
The Governors then decided to apply to the Legislature for a grant of £1,500 a year for current expenses and £5,000 for Philosophical Apparatus, the rudiments of a Library, and furniture; to ask also for the passing of an act repealing the Act of 1801, and vesting the McGill bequest in the Governors of the College; and to request that the Chief Justice and the Principal be authorised to communicate with the Royal Institution and to take steps to carry out this resolution.
They were acquainted with the arguments of Montesquieu and others that a separation of the powers of government and the vesting of each, the executive, legislative, and judicial, in different hands was essential to liberty. They did not merely theorize, however. They had themselves lived and labored under governments not thus divided in functions or only partially so.
Such a legacy, however, is good if given subject to a condition, the question then being, whether at the vesting of the legacy the slave has ceased to belong to the heir.
On the 11th of June 1578, he obtained letters patent from the Queen, vesting in him the powers that were required; on receiving which, he, with the associates of his voyage, embarked for America. But his success did not equal his expectations.
The Committee on the Executive Department, of which the venerable Ex-Governor Lucas was the chairman, reported in favor of vesting the supreme executive power in "a Governor, who shall hold his office for four years." A Lieutenant Governor "was to be chosen at the same time and for the same term."
The committee of trade, in pursuance of the powers granted by the king to his commissioner, prepared an act for establishing a company trading to Africa and the Indies, empowering them to plant colonies, hold cities, towns, or forts, in places uninhabited, or in others with the consent of the natives; vesting them with an exclusive right, and an exemption for one-and-twenty years from all duties and impositions.
Where there is a charter, vesting proper powers in trustees, or governors, they are visitors; and there is no control in any body else; except only that the courts of equity or of law will interfere so far as to preserve the revenues and prevent the perversion of the funds, and to keep the visitors within their prescribed bounds.
In addition to these propositions, the creditors were to have an option of vesting their money in annuities on different plans; and it was also recommended to open a loan at five per cent. for ten millions of dollars, payable one half in specie and the other half in the debt, irredeemable by any payment exceeding six dollars upon the hundred, per annum, both of principal and interest.
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