182 
HISTORY OF THE [book vu 
England, I do not however believe; because, while 
the crown retains its necessary and constitutional 
right of disannulling all acts of the provincial legis¬ 
lature, and while the privilege of giving a nega¬ 
tive is likewise exercised by its governors in the 
colonies, independent of the council, there are four 
distinct estates, instead of three. The case seems 
to have been, that there being no order of here¬ 
ditary nobility in the plantations, out of which to 
constitute a dignified and efficient intermediate bo¬ 
dy, like the peers of England and Ireland, a legis¬ 
lative authority was at an early period intrusted to 
the governors and their council, acting conjointly , 
and forming a middle branch between the crown on 
the one hand, and the representatives of the peo¬ 
ple on the other. The presence and concurrence 
of the governor were probably thought advisable, 
in the view that the interests of the crown might 
generally preponderate; while by selecting the 
members of the council from men of the first 
consequence in each colony, it was perhaps con¬ 
ceived, that a salutary check was contrived against 
those abuses to which power, in the best hands is 
sometimes liable; and on this plan the colonies pos¬ 
sessed the semblance, at least of an English legis¬ 
lative constitution.* 
* Every governor is expressly instructed to transmit from time to 
time to his majesty, the names of such of the principal inhabitants as 
sre best qualified to supply vacancies in the council, and it is rarely 
that any person is appointed who is not previously recommended by 
the governor. 
