indorsed by the constables, on the back of
their respective warrants, and returned into court.
8. The three towns of the commonwealth were each to have the privilege
of sending four deputies to the general court. If other towns were
afterward added to the jurisdiction, the number of their deputies was to
be fixed by the court. The deputies represented the towns, and could
bind them by their votes in all legislative matters.
9. The deputies had power to meet after they were chosen and before the
session of the general court, to consult for the public good, and to
examine whether those who had been returned as members of their own body
were legally elected. If they found any who were not so elected, they
might seclude them from their assembly, and return their names to the
court, with their reasons for so doing. The court, on finding these
reasons valid, could issue orders for a new election, and impose a fine
upon such men as had falsely thrust themselves upon the towns as
candidates.
10. Every regular general court was to consist of the governor and at
least four other magistrates, with the major part of the deputies chosen
from the several towns. But if any court happened to be called by the
freemen, through the default of the governor and magistrates, that court
was to consist of a majority of the freemen present, or their deputies,
and a _moderator_, chosen by them. In the general court was lodged the
"_supreme power of the commonwealth_." In this court the governor or
moderator had power to command liberty of speech, to silence all
disorders, and to put all questions that were to be made the subject of
legislative action, but not to vote himself unless the court was equally
divided, when he was to give the casting vote. But he could not adjourn
or dissolve the court without the major vote of the members. Taxes also
were to be ordered by the court; and when they had agreed upon the sum
to be raised, a committee was to be appointed of an equal number of men
from each town to decide what part of that sum each town should pay.
This first constitution of the New World was simple in its terms,
comprehensive in its policy, methodical in its arrangement, beautiful in
its adaptation of parts to a whole, of means to an end. Compare it with
any of the constitutions of the Old World then existing. I say nothing
of those libels upon human nature, the so-called constitutions of the
Continent of Europe--compare it reverentl
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