The organization of the upper house required more original legislation than that needed for the lower house, for the reason that wherever it existed, except in Massachusetts, Connecticut and Rhode Island, it was based upon appointment and not upon election. It therefore became necessary to place this body upon a representative basis, and also to preserve the relatively dignified and conservative character which it had always possessed in the colonial times. The relative smallness of its number which had characterized the previous council was maintained, and a possessed of an estate of 100 in the town, one-half of which must be freehold,-elected annually by ballot, by the male inhabitants of towns, twentyone years of age, and paying a poll-tax. (Charters and Constitutions, II., 1286.) MASSACHUSETTS.-" House of Representatives."-Members apportioned among the towns, one for towns of 150 ratable polls, two for towns of 375, increasing at the rate of one to 225,-must be inhabitants for one year of the town from which chosen, and possessed of a freehold of 100 in the town or of any estate of £200,-elected annually by ballot by male persons, twenty-one years of age, inhabitants of the State for one year, and possessed of a freehold estate of £3 annual income or any estate of £60. (Ibid, I., 963.) NEW YORK." Assembly."-Seventy members apportioned among the counties, from two to ten from each county,-no specified qualifications,-elected annually (provisionally by ballot) by male inhabitants of the State, residents of the county for six months, of full age, possessed of a freehold within the county of the value of £20 or a tenement of the yearly value of 40 shillings. (Ibid, II., 1333.) NEW JERSEY.-" General Assembly."-Members apportioned among the counties, three from each,-must be a resident of the county from which chosen, and possessed of 500 of real and personal estate,-elected annually by those who have resided for one year in the county in which they vote, and worth £50. (Ibid, II., 1311.) PENNSYLVANIA.-"House of Representatives."-Composed of six members from each county and from the city of Philadelphia,—must have resided in the city or county from which chosen for two years, ineligible to serve for more than four years in seven,-elected annually by freemen, twenty-one years of age, having resided in the State for one year, and paid taxes during that time-the last qualification excepted in the case of the sons of freeholders. (Ibid, II., 1542.) DELAWARE.-"House of Assembly."-Members apportioned among the counties, three from each,—no qualifications specified,-elected annually by the freeholders of the county. (Ibid, II., 1242.) MARYLAND." House of Delegates."-Members apportioned among the counties and cities, four from each county and two from the cities of Annapolis and Baltimore, no qualifications specified,-elected annually viva voce by freemen, twenty-one years of age, having a freehold of fifty acres in the county in which they vote and residing there, and freemen having property in the State and having resided in the county in which they vote for one year. (Ibid, I., 821.) VIRGINIA." House of Delegates."-Members apportioned among the counties and cities, two from each county and one from the city of Williamsburgh and higher property qualification was generally required of its members, and in some cases a higher qualification was also required for those who voted for its members. The fact that the States had before them no common foreign model in the reconstruction of this body is evident from the great variety of features which marked its organization in the different States. It might be said that they were common only in that feature in which they differed from the English House of Lords, namely, the fact that they were all based upon popular election. In nearly every other respect they differed from each other, as well as from the English upper house. The number of members varied from nine in Delaware to forty in Massachusetts. The term for which the members were elected also varied from one to five years. such other cities as the Legislature may designate, provided that such cities cease to send delegates when their population becomes less than one-half of that of any county,-must be residents and freeholders in the county or city from which chosen,-elected annually by such persons as are "at present" qualified to vote. (Ibid, II., 1910.) NORTH CAROLINA.-"House of Commons."-Members apportioned among the counties and towns, two for each county and one for each of six towns (names specified),-must have been residents for one year of the county from which chosen, and have possessed for six months in the county 100 acres of land in fee or for life,-elected annually by ballot by freemen, twenty-one years of age, having resided in the county for one year, and paying public taxes, or in the case of the inhabitants of towns such as possess a freehold in such town, or such as are freemen having resided in such town for one year and paid public taxes-provided that no person be entitled to vote for both town and county members. (Ibid, I., 1411.) SOUTH CAROLINA.-" House of Representatives."-Members apportioned among certain specified electoral districts, with from three to thirty members from each,-must be of the Protestant religion, having, if a resident of the district, the property qualification mentioned in the existing "election act," and if a non-resident having a freehold estate of £3500 in the district from which chosen,-elected for two years by free white persons, who believe in God and in a future state of rewards and punishments, who have resided in the State for one year, and have a freehold of fifty acres or pay a tax equal to a tax on fifty acres. (Ibid, II., 1622.) GEORGIA." House of Assembly."-Members apportioned among the several counties (with certain specified exceptions),-must be of the Protestant religion, residents of the State for one year and of the county six months, and possessed of 250 acres of land or some property to the amount of 250,-elected annually by ballot by male white persons, twenty-one years of age, having property to the amount of 10, or if a mechanic a resident of the State for six months. (Ibid, I., 378.) The election of members was sometimes based upon an existing territorial unit (as the town, the parish or the county) and sometimes upon newly-formed electoral "districts." In some States the term of all the members expired at the same time, while in other States the principle of rotation was introduced, whereby a part only of the entire membership was renewed at each election. In Maryland the members were chosen not directly by the people, but by a body of "electors" who were themselves chosen by the people. In New Jersey and Delaware the body continued to be called the "Council," or "Legislative Council;" while in the remaining seven States it received the new designation of "Senate." While the application of republican principles required that the body be almost entirely reconstructed in its form, in its functions it still occupied the same relative place in the government which had been held by the previous colonial council. It was a co-ordinate branch of the Legislature, possessing at the same time certain judicial functions, which it had inherited directly from the previous colonial council, and remotely from the Court of Assistants of the early colonial period. The preservation of this judicial power is especially seen in New Hampshire,* in Massachusetts † and in South Carolina, where the Senate retained the power to try impeachments presented by the lower house. In New York the Senate (in connection with the chancellor and the judges of the Supreme Court) was granted similar power to try impeachments, and also to correct the errors of lower courts, which latter provision, so far as it relates to the association of the chancellor and the superior judges, may be regarded as suggested by a corresponding English custom. With this single exception, there were probably no features bestowed upon the early State Senates which *Charters and Constitutions, II., 1286. + Ibid, I., 963. Ibid, II., 1264. were not intended to avoid rather than to imitate the peculiarities of the English House of Lords. From these facts it must be evident that the upper house of the new State Legislatures was a direct descendant of the colonial council, modified in structure to the extent necessary to bring it into harmony with republican ideas, and to divest it of those qualities which had made it hitherto an instrument of autocratic authority.* *The following synopsis shows the provisions made by the several States concerning the structure of the Upper House-including the name, composition, qualification of members, mode and term of election, and qualification of electors: electoral NEW HAMPSHIRE.-"Senate."-Composed of twelve members, apportioned among 'districts,"—must be of the Protestant religion, having a freehold estate of 200 within the State, inhabitants of the State for seven years preceding election, and of the district from which chosen at the time of election,— elected annually by those qualified to vote for representatives. (Charters and Constitutions, II., 1284.) MASSACHUSETTS.-"Senate."-Composed of forty members, apportioned among electoral "districts,"-must be inhabitants of the State for five years, and of the district at the time of election, having a freehold estate of £300 or a personal estate of 600,-elected annually by those qualified to vote for representatives. (Ibid, I., 961.) NEW YORK." Senate."-Composed of twenty-four members, apportioned among electoral "districts,"-must be freeholders chosen out of the body of freeholders,-elected for four years by those possessing a freehold of £100election by rotation, one-fourth of the members chosen each successive year, (Ibid, II., 1334.) NEW JERSEY.-"Legislative Council."-Members apportioned among the counties one for each county,-must have been inhabitants and freeholders for one year in the counties from which chosen, and possessed of £1000 of real and personal estate in the same,-elected annually by those who have resided in the county for one year, and worth £50. (Ibid, II., 1311.) PENNSYLVANIA. (No provision for an upper house in the first constitution; the bicameral system was adopted by the new constitution of 1790.-Ibid, II., 1524.) DELAWARE.-" Council," or "Legislative Council."-Composed of nine members, three from each county,-must be freeholders in the county from which chosen, and twenty-five years of age,-elected for three years by those qualified as at present"-election by rotation, one-third chosen each year. (Ibid, I., 274.) MARYLAND. “Senate."-Composed of fifteen members, nine from the western and six from the eastern shore,-must be twenty-five years of age, residents of the State for three years, and having real and personal property to the value of £1000,-elected for five years by "electors of the Senate," who are in turn to be chosen by those qualified to vote for members of the lower house. (Ibid I., 822.) " VIRGINIA.-"Senate."-Composed of twenty-four members, one from each electoral "district,"-must be a resident and freeholder of the district, and twenty-five years of age,-elected for four years by persons qualified as " at In the re-organization of the executive department the States were called upon to establish a chief magistracy which would be deprived of the autocratic character of the previous royal governorship, and yet not entirely divested of executive dignity and efficiency. The struggles of the colonial period had aroused a bitter jealousy of executive authority. Connecticut and Rhode Island, indeed, furnished examples of a truly republican executive, chosen by the people. But these examples were followed only in part by the other States. In New Hampshire, Massachusetts and New York only was the chief magistrate made elective by the people; in the other States he was chosen by the Legislature. In New Hampshire, where popular election was established, the novel provision was introduced that, if no choice was made by the people, the election should be thrown into the Legislature, the house being authorized to select two names from which the Senate should choose the chief executive. The term of this office varied from one to three years. The officer usually preserved the colonial name of "governor ;" but in New Hampshire, Delaware, and Pennsylvania, he was called the "president". which name had also in a few instances been employed in the colonial period.* By the terms of the new constitutions the State governor was made a republican officer, responsible to present"-election by rotation, one-fourth being chosen each successive year, (Ibid, II., 1910.) NORTH CAROLINA.-"Senate."-Composed of one member from each county,must have been a resident for one year of the county from which chosen, and have possessed in the county 300 acres of land in fee,-elected annually by ballot by freemen, twenty-one years of age, residents of any county in the State for one year, having possessed for six months a freehold of fifty acres in the same county. (Ibid, II., 1411.) SOUTH CAROLINA.-" Senate."-Members apportioned among the parishes and certain specified "districts," one for each parish and either one or two for each district,—must be of the Protestant religion, thirty years of age, having resided in the State for five years, and having, if a resident of the parish or district, a freehold estate of £200, and if a non-resident, a freehold of £7000 in the district which he is chosen to represent,-elected for two years by those qualified to vote for members of the lower house. (Ibid, II., 1622.) GEORGIA. (No provision for an upper house in the first constitution; the bicameral system was adopted by the new constitution of 1789.—Ibid, I., 384.) Belknap's " New Hampshire," I., 230. * |
