IS 4 HISTORY OF THE [book vi 
to reject bills altogether in the first instance, neces¬ 
sarily comprehends the privilege of offering amend¬ 
ments to particular clauses, (money bills are always, 
and very properly excepted), the exercise of which 
privilege is in truth nothing more than an offer of 
compromise between the council and assembly. 
The former may say, “ we propose such and such 
amendments3 adopt them, or we use our power of 
rejection.” And this I take to be the plain origin 
and actual rise of the privileges enjoyed, I believe, 
by the council board in every British colony in the 
West Indies, (Barbadoes excepted), of deliberating 
apart from the governor, on all bills sent up by the 
assembly; of proposing amendments to such bills, 
and of rejecting altogether, and without any parti¬ 
cipation with the governor, such of them as they 
disapprove. Further than this, I do not know that 
the legislative authority of the council extends; and 
I have no hesitation in pronouncing the exercise 
of such an authority, when enforced freely and 
independently, a most necessary and useful expedi¬ 
ent, tending to prevent violent and mischievous dis¬ 
putes between the delegates of the people, and 
the representative of the crown. Its origin may 
have been illegitimate; but its adoption in the co¬ 
lonies for a century at least, and recognition by the 
crown, have given it such a prescriptive establish¬ 
ment, as I conceive constitutes law.* 
* In truth the colonies gained a very important acquisition by this 
separation of the governor and council from each other in matters of 
legislation, for obtaining by this means the semblance of three dis- 
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