So variable were the forms of colonial government that but two colonies remained under the same form from the time of their founding to the Revolutionary War. These two were the chartered colonies of Rhode Island and Connecticut. It will be noticed that at the close of the colonial period the royal form of government predominated, seven of the thirteen being of this class. The movement against the chartered and proprietary colonies that brought about this condition was begun late in the reign of Charles II, was kept up for half a century, and ended in 1729 when the Carolinas became royal provinces. One colony, Georgia, was founded after this time, and, after flourishing for nineteen years as a proprietary colony, was passed over to the Crown (1752) according to the terms of its charter. Massachusetts was the first to fall a victim to this new policy, losing its charter in 1684. On receiving its new charter, in 1691, Massachusetts became a semi-royal province, and is by some writers placed in a class by itself. New York, New Jersey, and the Carolinas passed into royal hands during this crusade, and even the governments of Pennsylvania and Maryland were each for a short time taken from their respective proprietors.

The governor directly represented the Crown or the proprietor. His position was a most difficult one to fill. Representing a higher power, by which he was appointed and from which he had explicit instructions, he nevertheless owed a duty to the people over whom he was placed, and the interests of the two were so conflicting as to keep the governor in a constant turmoil. The powers of the governor were extensive. He could convene, prorogue, or dissolve the legislature, or veto any of its laws. He had command of the militia, and he appointed many officials, such as judges, justices of the peace, sheriffs, and the like, and, especially in the early period, he had industrial, commercial, and ecclesiastical as well as political duties; but in one respect he was ever held in check--he had no power over the public purse. Many of the governors were honest men and faithful to their duties; but others, and perhaps the majority, were profligate men, the fruits of the spoils system of that day, who sold the offices at their disposal, and who cared little for the welfare of the colonists.

The council consisted usually of twelve men, though in Massachusetts there were twenty-eight, and in early Maryland but three. They had to be residents of the colony in which they served, and they were usually men of station and wealth. Appointed by the same power that appointed the governor, they usually sided with him in his conflicts with the assembly. The functions of the council were threefold,--it was a board of advisers to the governor, it constituted the upper house of the legislature, and it frequently formed the highest court of the colony. In Massachusetts, after 1691, the council was elected by a joint ballot of the legislature, called the General Court. In the other provincial colonies it was appointed by the Crown or the proprietors.

The assembly, or lower house of the legislature, represented the people and was elected by them. It had the chief legislative power; but its acts could be vetoed by the governor, or be set aside by the Crown within a certain time after their passage. But the assembly held the key to the situation by its sole power of taxation. To this right the assembly of every colony clung with jealous tenacity. Through the exercise of this right the colonles may be said to have been self-governing, and their liberties were secure so long as they could retain this sole right of taxing themselves. For many years the British government wrestled in vain with the problem of how to get an American revenue at the disposal of the Crown. The governor, representing the Crown, and the assembly, representing the people, were in frequent conflict during the whole colonial period; and the assembly usually won through its one all-powerful weapon--a withholding of supplies. On many occasions the assembly would refuse to grant the governor his salary until he had approved certain laws it had passed, though often his act was in direct violation of his instructions. Nor was it infrequent that the assembly grew arrogant and meddled in purely executive affairs, such as military matters, the appointment of officials, and the like, all through its power over the purse.

The legislature in every colony was bicameral, except in Pennsylvania and Georgia, in each of which it consisted of a single house. This bicameral system had its model in Parliament, but it seemed to spring up spontaneously in America. It began in Massachusetts in 1644, when the assembly or deputies first sat apart from the council or magistrates, and the two bodies henceforth remained separate. Other colonies soon followed the example, until all the legislatures came to be divided, except in Pennsylvania, where the governor's council had no legislative functions after 1701, and in Georgia. In Connecticut and Rhode Island, and in Massachusetts before 1684, the people elected the governor, and, aside from the Navigation and a few other restrictive laws, were practically independent of the Crown.

In the judicial system the justice of the peace stood at the bottom. In most cases he was appointed by the governor, and he tried petty civil cases only. Next came the county courts, before which were tried civil cases involving sums to a certain amount and criminal cases not involving capital punishment. The highest colonial court was usually composed of the governor and the council. But in some colonies the governor appointed a body of judges for this function, while he and the council acted as a court of appeals. In certain cases, also, a further appeal could be made to the Privy Council in England.

A practice of the colonies was to keep an agent in England to look after their interests. This practice originated in Virginia about 1670, and was soon followed by other colonies. Sometimes the same agent represented two or more colonies, as in the case of Franklin. The duties of these men were similar to those of modern diplomatic representatives. To the English Board of Trade, which became a permanent institution after 1696, nearly all colonial questions were referred, and the board reported them to the king, or to a committee of the Privy Council. It was to this board that the colonial agents presented the interests of their respective colonies, and their efforts did much toward bringing about a closer fellowship between the mother country and the colonies. This good feeling between them was at its best about the year 1750.

In Virginia, which may be taken as the type of southern local government, the county, first called the shire, was the unit of representation. The large plantations rendered the compact settlement impossible. At first the parish was the local unit, but it soon gave way to the county. The chief county officer was the sheriff, appointed by the governor. Next to the sheriff stood the "colonel," whose duties were largely military. The counties were divided into parishes which were governed by vestries, whose duties were largely ecclesiastical. Local government, judicial and administrative, was chiefly in the hands of a county court, whose members, usually prominent planters unlearned in the law, were appointed by the governor. This court gradually came to do the business formerly done by the parish. Instead of the town meeting, as in New England, the Virginians had their "court days," on which the people of every rank would gather on the green about the courthouse to transact private business, to engage in sports, and to listen to stump speeches.

In South Carolina there were parishes, but neither counties nor townships. In the Carolinas the governor and legislature found it almost impossible to govern the mountainous districts, and they were aided by bands of "regulators" organized for the purpose.

In Maryland the "hundred" was the unit of representation till 1654, when it gave way to the county. The officers of the hundred, except the assessor, were appointed by the governor. Maryland discarded the term "hundred" in 1824, but Delaware, having adopted it, retains it to this day. In Delaware the "levy court," composed of the assessors, justices, and grand jurors, met once a year to fix tax rates.

The middle colonies borrowed from both New England and the South; they adopted a mixed system of county and township government. In New York the township was the local unit, and not till after the English conquest was the county organized. Under English rule the town meeting was instituted, but with less power than in New England. They chose "overseers," instead of "selectmen," and other officers. After 1703 they chose a "supervisor" to manage the affairs of the township and he was also a county officer as a member of the county board of supervisors, which met once a year.