The American Revolution: York and Georgia
The debate on the Articles of Confederation was continued for several months, and the whole subject thoroughly canvassed, standing committees of Congress meanwhile carrying on the active affairs of the government. During this period the several States, in conformity with the act previously passed by Congress, busied themselves in organizing State governments suitable to the new condition of affairs. Not for a moment was any thought of reproducing a monarchical government entertained. The people of America had been republican in sentiment from the first, and their political history had been in great part a struggle to reduce the prerogatives of the monarch who claimed them as subjects. So much power had been exercised by the people and their representatives, and so well were they schooled in the art of self-government, that the change of sovereignty was scarcely perceptible, and very little needed to be added to existing conditions to form a complete apparatus of government.
The people were not willing that any one man should have the authority to negative the decision of a majority of their representatives. Yet long experience had taught them that it would be dangerous to lodge all power in the hands of a single body of men. Some intermediate course was desirable, and after much discussion the difficulty was overcome by the formation, in eleven out of the thirteen colonies, of a legislature of two branches, whose concurrence should be necessary to the passage of any law. The second branch was to consist of a few select persons, under the name of senate, or council, adapted to consider wisely and calmly the acts passed by the more numerous branch of representatives. Georgia and Pennsylvania alone adopted legislatures consisting of a single House.
New York and Massachusetts went a step farther. The former gave to a council composed of the governor and the heads of judicial departments, and the latter to the governor alone, the power of objecting to any proposed law and requiring its reconsideration and passage by a two-thirds majority of both Houses to make it operative. The objection in Georgia and Pennsylvania to a double Assembly arose from the difficulty of creating a higher and a lower branch by election from a homogeneous people held to be absolutely equal politically. No distinction of rank existed, and distinction of wealth was not admitted as a source of political inequality. Ten of the eleven States, with legislatures of two branches, ordained the election of both by the people. Maryland had her senate chosen by electors, two from each county, elected by the people, the senators to hold their seats for five years, while the representatives were re-elected annually. By this means a senate composed of men of influence and ability was obtained. Pennsylvania adopted the expedient of publishing bills after the second reading, so that they might be considered by the people and the sense of the inhabitants taken. It was not long, however, before it was discovered that this expedient was injudicious, and that the single chamber did not work well. A second chamber was therefore added. A similar action was afterwards taken by Georgia.
Every State appointed a supreme executive, under the title either of governor or president. In New York and the Eastern States the governors were elected directly by the people; in the other States, by the legislatures. New York alone gave the governor the right to act without the advice of a council. The jealousy of supreme power was so great among the Americans that they surrounded their executive officers with checks that proved, in the end, more cumbrous than useful. The principle of rotation in office was strongly insisted upon, frequent elections being required, and in some cases it being ordained that no office should be held by the same person longer than a specified period of time. As a further security for the permanence of republican institutions, all the States agreed in prohibiting hereditary honors or distinctions of rank. They all, moreover, abolished state religions. Some retained a constitutional distinction between Christians and others, so far as the power of holding office was concerned, but no sect was permitted legislative precedence, and the alliance between church and state was completely broken.