In every colony the government consisted of a governor, a council, and an assembly representing the freemen. This body, by charter, or royal instructions, had the full right to impose taxes and vote laws; and, although its acts were liable to veto by the governor, or by the Crown through the Privy Council, it possessed the actual control of political power. This it derived immediately from its constituents and not from any patrons, lords, or close corporations. Representation and the popular will were, in fact, indissolubly united.
The governor in two colonies, Connecticut and Rhode Island, was chosen by the freemen. Elsewhere, he was appointed by an outside authority: in Pennsylvania, Delaware, and Maryland by the hereditary proprietor to whom the charter had been granted, in all other colonies by the Crown. The councillors, who commonly exercised judicial functions in addition to their duties as the governor's advisers and as the upper house of the legislature, were appointed in all colonies except the three in New England; { 16} and they were chosen in all cases from among the socially prominent colonists. The judges, also, were appointed by the governor; and they, with governor and council, were supposed to represent the home government in the colonies.
But in reality there was no effective imperial control. The Crown, it is true, appeared to have large powers. It granted charters, established provinces by commissions, exercised the right to annul laws and hear appeals from colonial decisions, exacted reports from governors, sent instructions, and made appointments and removals at will. But nearly all the colonial officials, except the few customs officers, were paid out of colonial appropriations, and this one fact sufficed to deprive them of any independent position. In nearly every colony, the assembly, in the course of two-thirds of a century of incessant petty conflict, of incessant wrangling and bargaining, of incessant encroachments on the nominal legal powers of the governor, had made itself master of the administration. The colonists resisted all attempts to direct their military or civil policy, laid only such taxes as they chose, raised only such troops as they saw fit, passed only such laws as seemed to them desirable, and tied the governor's hands by every sort of device. They usurped the { 17} appointment of the colonial treasurer, they appointed committees to oversee the expenditure of sums voted, they systematically withheld a salary from the governor, in order to render him dependent upon annual "presents," liable to diminution or termination in case he did not satisfy the assembly's wishes. The history of the years from 1689 to 1763 is a chronicle of continual defeat for governors who were obliged to see one power after another wrenched away from them. Under the circumstances, the political life of the thirteen colonies was practically republican in character, and was as marked for its absence of administrative machinery as the home government was for its aristocracy and centralization.