Note 843 — Chapter VI

As Captain-General he was entitled to command all the land and naval forces of the province, and by him were all officers of the militia to be appointed. As Governor-in-chief he was a constituent part of the General Assembly, and possessed the sole power of adjourning, proroguing, convening, and dissolving that body. It rested with him to approve or to veto any bill passed by the Council and the Assembly. All officers who did not receive their warrants directly from the Crown were appointed by him: and if vacancies occurred, by death or removal, in offices usually filled by the immediate nomination of the King, the appointees of the governor acted until the pleasure of the home government was signified. He was the custodian of the Great Seal, and as Chancellor exercised within the province powers of judicature similar to those reposed in the High Chancellor of England. He was to preside in the Court of Errors, composed of himself and the members of Council as judges, hearing and determining all appeals from the superior courts. As Ordinary, he collated to all vacant benefices, granted probate of wills, and allowed administration upon the estates of those dying intestate. By him were writs issued for the election of representatives to sit in the Commons House of Assembly. As Vice-Admiral, while he did not sit in the court of vice-admiralty,—a judge for that court being appointed by the Crown,—in time of war he could issue warrants to that court empowering it to grant commissions to privateers. With him resided the ability to pardon all crimes except treason and murder. It was optional with him to select as his residence such locality within the limits of the province as he deemed most convenient for the transaction of the public business, and he might direct the General Assembly to meet at that point. He was invested with authority, for just cause, to suspend any member of Council, and, in a word, might “do all other necessary and proper things in such manner and under such regulations as should, upon due consideration, appear to be best adapted to the circumstances of the colony.” The King’s Council was to consist of twelve members in ordinary and of two extraordinary members. They were to be appointed by the Crown, and were to hold office during His Majesty’s pleasure. In the absence of the governor and lieutenant-governor, the senior member of the Council in Ordinary administered the government. When sitting as one of the three branches of the legislature the Council was styled the Upper House of Assembly. It also acted as Privy Council to the governor, assisting him in the conduct of public affairs. In this capacity the members were to convene whenever the governor saw fit to summon them. When sitting as an Upper House, the Council met at the same time with the Commons House of Assembly, and was presided over by the lieutenant-governor, or, in his absence, by the senior member present. The forms of procedure resembled those observed in the House of Lords in Great Britain.