Ch. 3.3. Primary Source: The Balance of Power in Colonial Government, 1744

Cadwallader Colden immigrated to America from Scotland in 1710, and he began his public career as a royal servant as a surveyor and member of the New York governor’s council in 1720. He became a prominent critic of the growing independence of colonial assemblies, and wrote the commentary below in 1744. He later served as the royal governor of New York several times during the 1760s and early 1770s.

 

It is the great happiness of the people of the Province of New York that the Government is formed as near as may be upon the same plan with that of our mother country. Our constitution of government is nearly the same with that which the people of England value so much… This constitution consists in a proper balance between the monarchic, aristocratic, and democratic forms of government…The barons under Charles I found themselves in no condition to withstand the power of the crown and therefore, in order to reduce the constitution to its proper balance, they threw all the weight to the side of the Commons in opposition to the Crown…

 

In the constitution of the government of New York the governor, the Council, and the General Assembly have powers in imitation of the King, Lords, and Commons so far as circumstances will admit…

 

But it may be asked: 1) whether…an assembly would be willing to increase their own power…; 2) whether they would be willing…to have the nomination of all officers; 7) whether the hands of the government…must not be weakened…when the public acts of [the assembly] insinuate that the governor and council are not to be trusted with the smallest sum…; 12) Whether the public money be most likely to be carefully and frugally managed when it is put into the hands of Assembly men’s relations and friends…; 18) Whether they have not made use of [the power to nominate officers] in order to influence judgments in the courts of justice where they have lawsuits pending…, by getting justices and sheriffs appointed…

 

Questions: What are the three main elements of New York’s government described by the writer, which one is exceeding its proper share of power, and how? Why is this a problem for the writer?

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American Legal History to the 1860s Copyright © 2020 by Richard Keyser. All Rights Reserved.

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