The palatinate type in America.
As I have already observed it was natural that in founding new governments in America, this familiar example of the Durham palatinate should be made to serve as a model. In point of fact not only Maryland, but every colony afterwards founded, except in New England, was at first a palatinate, with either a single lord proprietor or a board of proprietors at its head. Of the four colonies older than Maryland, three—English Virginia and Massachusetts, and Dutch New Netherland—were founded through the instrumentality of charters granted to joint-stock companies, organized really or ostensibly for commercial purposes; one, Plymouth, was founded by the people and ignored by the crown until finally suppressed by it. Of the four New England colonies younger than Maryland, all were founded by the people themselves, one of them, New Haven, was soon suppressed, another, New Hampshire, was turned into a royal province, the other two, Connecticut and Rhode Island, were for the most part let alone. The governments of all the other colonies began as proprietary governments. This was the case with New York and the two Jerseys after the English conquest of New Netherland; it was the case with Pennsylvania and Delaware, with the two Carolinas, and with Georgia. One and all of these were variations upon the theme first adopted in the founding of Maryland. All were based upon the palatinate principle, with divers modifications suggested by experience as likely to be more acceptable to the proprietors or to the crown. And just as the crown, for purposes of its own and without regard to the wishes of the people, changed the governments of Virginia and New Hampshire and extinguished those of New Haven and Plymouth; so in nearly every case we find the people becoming so dissatisfied with the proprietary governments that one after another they are overturned and the palatinates become transformed into royal provinces. We shall, therefore, find it profitable to trace the history of the palatinate principle in America through its initial theme and its subsequent variations.
Similarities between Durham and Maryland: the governor.
That initial theme was mainly an echo of the Old World music, but the differences were not without importance. In administrative machinery there was a strong resemblance between Maryland and Durham. The governor of Maryland was Lord Baltimore's chief minister, the head of the civil administration of the colony. He also presided over its court of chancery, and in this double capacity he resembled the chancellor of temporalities. But, as befitted the head of a community planted in a hostile wilderness, he added to these functions those of the lord lieutenant and was commander-in-chief of the militia. Laws passed by the assembly required his signature to make them valid, and thus he possessed the power of veto; but he could not assent to a law repealing any law to which the lord proprietor had assented. Such matters had to be referred to the lord proprietor, whose prerogatives were jealously guarded, while the extensive powers accorded to the governor were such as convenience dictated in view of the fact that the lord proprietor was absent in England. An instance of the principle and its limits is furnished by the governor's pardoning power, which extended to all offences except treason.[132]
Secretary: surveyor-general.
Muster master-general: sheriffs.
The personage next in importance to the governor was the secretary, who as receiver and disburser of revenues resembled the receiver-general of Durham, but to these functions he added those of recorder and judge of probate, and sometimes also those of attorney-general. Next came the surveyor-general, whose functions in determining metes and bounds and in supervising manorial affairs, resembled those of the Durham seneschal. Then there was a lieutenant commander of militia known as master-general of the muster. In each county there was a sheriff, who, in addition to such functions as we are familiar with, collected all taxes, held all elections, and made the returns. These four officers—the secretary, surveyor-general, muster master-general, and sheriff—were paid by fees, the amount of which was determined by the assembly, which thus exercised some control over them; but the governor received a salary from the lord proprietor, and was to that extent independent of the legislature.[133]
The courts.
Of courts there was one in each county, but besides this a considerable number of manors were created, and each manor had its court baron and court leet for the transaction of local business. Small civil cases involving less than the worth of 1,200 pounds of tobacco, and criminal cases not involving the death penalty, were tried in the county courts. Above these was the provincial court, which dealt with common law, chancery, or admiralty, as the case might be. The judges of this court were all members of the council, to which the secretary and other chief executive officers belonged, while the governor presided alike over the provincial court and over the council. Appeals could be taken from the provincial court to the council sitting as the upper house in the assembly, after the analogy of the appellate jurisdiction of the House of Lords; but this virtually meant that a case once decided could be tried over again by the same judges with a few colleagues added.