Beginnings of Self-Government

In all the later proprietary charters, except that of New York, the operation of the statute Quid emptores was suspended, so far as relations between the proprietor and his immediate grantees were concerned. By virtue of this provision each proprietor, or board, became the centre from which originated an indefinite number of grants. These were held directly of the proprietor and through him of the Crown. In practice the same was true also of New York. The proprietors were thus left free to make grants on such conditions as they chose. Preparatory to the exercise of this power, the proprietors issued so-called "con cessions" or "conditions of plantation," stating the terms on which they would grant lands to colonists. Under a system of head rights, analogous to that which existed in Virginia, land was thus bestowed on settlers upon easy terms. Proportional amounts of land were granted upon the importation of servants, and in this way a traffic in servants and their head rights to land was encouraged among planters and masters of merchant vessels. In all the provinces, except New Netherland, a quit-rent was imposed on all grants. In the Dutch province rents were some times imposed, but they varied in character and differed from the English quit-rent. In Maryland fines were levied on aliena tions. In Maryland and Pennsylvania the demand for land be came so great that it was sold.

In all the provinces territorial affairs were administered directly by the provincial authorities, and not by towns as in New England. In Maryland a land office was fully organized, towns developed only to a very limited extent, and when they did originate they were in no sense village communities. Lots in them were granted by provincial authorities and they were subject to a quit-rent. They were simply more densely populated parts of the counties, and, unless incorporated as boroughs, had no distinct institutional life. In almost all cases land, in the provinces, was granted to individuals, and individual ownership, with direct rela tions between the owners or tenants and the proprietary authori ties, was the rule.

Had governmental powers not accompanied the territorial grants, these grants would have been estates of land, unusually large, no doubt, but nothing more. In cases where the govern mental rights of proprietors were suspended or resigned into the hands of the Crown, they remained thereafter only private land lords. But the rights of government bestowed with the land made the territory a province and the proprietor its political head.

The provincial charters made the proprietors of the proprietary provinces the executives of their provinces and for the most part left it to them to determine how and under what forms the governmental powers which they had received should be exercised. The powers which were definitely bestowed were

executive and judicial in character, giving to the proprietor an importance, especially at the outset, which was comparable with that enjoyed by the general courts in the corporate Colonies. It made him in a derived and inferior sense the source of office and honour, the fountain of justice, the commander of the militia, the recipient of the provincial revenue, the constituent part of the legislature. But in most cases the proprietors did not attempt to exercise these powers in person. By means of commissioners they appointed a group of leading officials for their provinces, as a governor, councillors, a secretary, surveyor general, receiver general or treasurer, and somewhat later an attorney general. These all held office at the pleasure of the proprietor.

The Governor.

The governor was par excellence the agent for the proprietor for all purposes of administration. In making appointments the proprietor was usually guided by the gov ernor's recommendations. In some cases he was a relative of the proprietor ; family influence in Maryland after the Restoration came to dominate the government of the province. In all his important acts the governor was required to take the advice of his council, and that body was expected to co-operate closely with him, but the governor was not bound to follow their advice. The relations between the two were the same as that between the King and his privy council in England. As settlements multi plied and counties and other local subdivisions were formed, other and inferior offices were created, the right of appointment to which rested with the governor. By means of an executive, thus organized, land was granted and the revenue from it col lected, counties and other local divisions were established, early preparations were made for defence, courts were opened and the administration of justice begun.

In the later proprietary charters generally, with the exception of that issued to the duke of York, provision was made for assemblies. It was made, however, in very general terms, and it was left to the option of the proprietors to determine when, where and how they would call them. These legislatures did not originate in the natural or pre-existent rights of Englishmen, nor did the existence of a parliament in England make •them necessary, though it greatly increased the difficulties of govern ing the Colonies without them. These legislatures were imme diately proven to be indispensable and their activity in the provinces gradually opened the way for the growth of modern democratic institutions.