In most of the states the
governor could not be reelected, he had no veto upon the acts of the
legislature, nor any power of appointing officers. In 1780, in a new
constitution drawn up by James Bowdoin and the two Adamses,
Massachusetts led the way in the construction of a more efficient
executive department. The president was replaced by a governor elected
annually by the people, and endowed with the power of appointment and a
suspensory veto. The first governor elected under this constitution was
John Hancock. In 1783 New Hampshire adopted a similar constitution. In
1790 Pennsylvania added an upper house to its legislature, and vested
the executive power in a governor elected by the people for a term of
three years, and twice reeligible. He was intrusted with the power of
appointment to offices, with a suspensory veto, and with the royal
prerogative of reprieving or pardoning criminals. In 1792 similar
changes were made in Delaware. In 1789 Georgia added the upper house to
its legislature, and about the same time in several states the
governor's powers were enlarged.
Thus the various state governments were repetitions on a small scale of
what was then supposed to be the triplex government of England, with its
King, Lords, and Commons. The governor answered to the king with his
dignity curtailed by election for a short period, and by narrowly
limited prerogatives. The senate answered to the House of Lords, except
in being a representative and not a hereditary body. It was supposed to
represent more especially that part of the community which was possessed
of most wealth and consideration; and in several states the senators
were apportioned with some reference to the amount of taxes paid by
different parts of the state. The senate of New York, in direct
imitation of the House of Lords, was made a supreme court of errors. On
the other hand, the assembly answered to the House of Commons, save that
its power was really limited by the senate as the power of the House of
Commons is not really limited by the House of Lords. But this
peculiarity of the British Constitution was not well understood a
century ago; and the misunderstanding, as we shall hereafter see,
exerted a very serious influence upon the form of our federal
government, as well as upon the constitutions of the several states.
[Sidenote: The judiciary.]
In all the thirteen states the common law of England remained in force,
as it does to this day save wh
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