All the constitutions recognized the principle of the threefold separation of powers, and pro vided for the establishment of distinct legisla tive, executive and judicial departments. Not only had the experience of the Colonial period tended toward the differentiation of these three departments, but its importance had been em phasized by Montesquieu. Some of these in struments explicitly declared, as that of Massa chusetts, that no one of the departments should ever exercise any of the powers of the other two, but in practice this principle was frequently not observed. In the organization of the legis lative department all the States except two made provision for the bicameral system which had been developed during the colonial times. Penn sylvania and Georgia were the exceptions. They retained their single house. The lower branch was the more popular and numerous, the senate, as the upper house was most fre quently styled, being not more than one-third or one-fourth its size. Representatives were vari ously apportioned, not in general according to the population, but the local divisions of the town in New England and of the county else where served as the basis of representation. Old inequalities were continued and in some instances new ones were introduced. For the senate the same unit of representation served as for the house in four States, but special senatorial districts were created in others. The members of the lower house were elected annually except in South Carolina, where the term was two years. In the majority of the States the term for the upper branch was also one year, but in four it varied from three to five years. In all of the States save three the mem bers of both houses were elected directly by the qualified voters, but by the first constitutions of New Hampshire and South Carolina the mem bers of the upper house were chosen by the lower out of their number and in Maryland there was a senatorial electoral college. A freehold or property qualification was required in all the States for membership in either branch, and also for the executive, except in Pennsylvania, where the payment of a poll tax was sufficient. In addition to a higher age and residence requirement for senators, a larger property qualification was usually called for, as the senate was supposed to represent property. Thus in New Hampshire a senator must possess a freehold of f200, the governor 1500; in South Carolina f.2,000 and 110,000 for the respective offices. In addition religious qualifications were required by all the States for governor and members of the legislature, except New York and Virginia. The usual one was that the mem ber must be a Protestant, in two a Christian, but in four a believer in the inspiration of the Scriptures, and in Delaware of the doctrine of the Trinity as well. In the organization of the executive department all the constitutions, ex cept two, made provision for a single executive, who was usually called the governor. By the first constitution of New Hampshire there was no provision for a distinct executive. In Penn sylvania an executive board was established. In only three States was the executive elected by the people, in the others he was chosen by the legislature. His term of office was usually one year, but in two Middle States it was three years and in South Carolina two. In nearly all the States an executive council, elected by the legislature, was associated with the governor. This body inherited the advisory and adminis trative functions of the old colonial council. It was to act as a check upon the governor, sharing with him the exercise of those few powers that had not been already vested in the legislature.
A comparison of the powers conferred upon the legislative and the executive departments re veals the fact that the constitution makers were very much influenced by their colonial experi ence. They were mindful of the recent contests
between the royal and proprietary goirernors and the legislatures. This led them to fear execu tive usurpation, while it gave them great confi dence in the legislature, which had boldly cham pioned the rights of the people. Accordingly almost unlimited powers were conferred upon the legislature, while the governor was deprived of nearly all the customary powers of the colo nial executive. He was entrusted with a quali fied veto in Massachusetts alone. The appoint ing power was exercised by the •legislature in five of the States, in several they chose the more important officers, while in a few the governor was allowed to share this power with the coun cil. As commander of the military and naval forces of the State the governor presents a more imposing figure than as a civil officer. On the other hand, save for the provisions in the Bill of Rights, almost no limitations were placed upon the powers of the legislature. In addition to strictly legislative power it exercised also important administrative functions, as pre viously indicated. In several States the upper house possessed certain judicial powers which were brought over from the colonial council, and suggest similar functions of the House of Lords, as the trial of impeachments, and in a few cases it acted as a court of last resort.
The judicial system of the colonies was in general retained under the State governments. While differing in particulars there was a sim ilarity in the organization of this department in all the States. Many of the details were left for statutory enactment. The chief provisions in the constitution related to the method of ap pointment and removal and the tenure of office of the judges. In Georgia alone the judges, with the exception of the chief justice, were elected by the voters. Elsewhere they were appointed, in about half the States by the legis lature, in the others by the governor and coun cil. The usual tenure of the Supreme Court judges was for good behavior, but in most of the States they were removable. In all the States their salary was fixed by the legislature. The judiciary lacked security and independence owing to its dependence upon the legislature, but fortunately in general that body refrained from interfering with the freedom of the courts.
Property qualifications were prescribed for the exercise of the suffrage in all the 13 States either in the constitution or by law. These varied from the requirement that the elector should be a taxpayer to that of the possession of freehold of the value of f100. In a few States a larger amount was required for the electors of senators than for represen tatives. In South Carolina the suffrage was further restricted to those who believed in God and in a future state of rewards and punish ments. As a result of these provisions the ma jority of white men were unable to vote. Al though freedom of religion was proclaimed in almost every constitution, in several there was a close connection between church and state. In addition to the religious qualifications for office holding already referred to, the legislature was empowered in two New England States to require the support of Protestant clergy at pub lic expense, and in Maryland of the Christian religion. South Carolina declared the Christian Protestant religion to be the established re ligion. Provision was made for amendment in eight of these constitutions. Five under vari ous restrictions reserved this power to conven tions. Three gave the amending power to the legislature, but under such restrictions as a vote by two successive legislatures or requiring a larger majority than for ordinary legislation; in the remainder there was no provision for amend ment, thus leaving the power in the complete control of the legislature.