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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

In
general the assistants represented the common or central power of
the colony, while the deputies represented the interests of popular
self-government. The former was comparatively an aristocratic and the
latter a democratic body, and there were frequent disputes between the
two.
It is worthy of note that the governing body thus constituted was at
once a legislative and a judicial body, like the English county court
which served as its model. Inferior courts were organized at an early
date in Massachusetts, but the highest judicial tribunal was the
legislature, which was known as the General Court. It still bears this
name to-day, though it long ago ceased to exercise judicial functions.
[Sidenote: New charter of Massachusetts]
Now as the freemen of Massachusetts directly chose their governor and
deputy-governor, as well as their chamber of deputies, and also took
part in choosing their council of assistants, their government was
virtually that of an independent republic. The crown could interpose
no effective check upon its proceedings except by threatening to annul
its charter and send over a viceroy who might be backed up, if need
be, by military force.


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