The quorum seems large, but it was thought it would not be satisfactory to the colonies in general, to have matters of importance to the whole transacted by a smaller number, or even by this number of twenty-five, unless there were among them one at least from a majority of the colonies; because otherwise, the whole quorum being made up of members from three or four colonies at one end of the union, something might be done that would not be equal with respect to the rest, and thence dissatisfactions and discords might rise to the prejudice of the whole.
LAWS TO BE TRANSMITTED.
That the laws made by them for the purposes aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the king in council for approbation as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force.
This was thought necessary for the satisfaction of the crown, to preserve the connection of the parts of the British empire with the whole, of the members with the head, and to induce greater care and circumspection in making of the laws, that they be good in themselves and for the general benefit.
DEATH OF THE PRESIDENT GENERAL.
That in case of the death of the president general, the speaker of the grand council for the time being shall succeed, and be vested with the same powers and authorities, to continue till the king's pleasure be known.
It might be better, perhaps, as was said before, if the crown appointed a vice president, to take place on the death or absence of the president general; for so we should be more sure of a suitable person at the head of the colonies. On the death or absence of both, the speaker to take place (or rather the eldest king's-governor) till his majesty's pleasure be known.
OFFICERS HOW APPOINTED.
That all military commission officers, whether for land or sea-service, to act under this general constitution, shall be nominated by the president general; but the approbation of the grand council is to be obtained, before they receive their commissions. And all civil officers are to be nominated by the grand council, and to receive the president general's approbation before they officiate.
It was thought it might be very prejudicial to the service, to have officers appointed unknown to the people, or unacceptable, the generality of Americans serving willingly under officers they know: and not caring to engage in the service under strangers, or such as are often appointed by governors through favour or interest. The service here meant, is not the stated settled service in standing troops; but any sudden and short service, either for defence of our own colonies, or invading the enemies country; (such as, the expedition to Cape Breton in the last war; in which many substantial farmers and tradesmen engaged as common soldiers under officers of their own country, for whom they had an esteem and affection; who would not have engaged in a standing army, or under officers from England.)—It was therefore thought best, to give the council the power of approving the officers, which the people will look upon as a great security of their being good men. And without some such provision as this, it was thought the expence of engaging men in the service on any emergency would be much greater, and the number who could be induced to engage much less; and that therefore it would be most for the king's service and general benefit of the nation, that the prerogative should relax a little in this particular throughout all the colonies in America; as it had already done much more in the charters of some particular colonies, viz. Connecticut and Rhode Island.