Page:The general principles of constitutional law in the United States of America.djvu/62

4 concessions of authority, mostly tacit, which they made to their general Congress.

Colonial Legislation.—The people of the Colonies had previously exercised a somewhat indefinite power to make their own laws, which was very general in some Colonies and greatly restricted in others. In all of them the proprietary or royal governor might defeat legislation by refusing his assent; and in some a council not chosen by the people formed a second legislative chamber, whose concurrence was necessary. Colonial legislation was also sometimes nullified in England, by the authority of an executive board or council, or by Parliament. Parliament itself also exercised the power to make laws for the Colonies, and in some cases the power was conceded, though its exercise in particular instances was complained of as an abuse, while in other cases the power itself was denied. It was conceded that, in all matters of what may be denominated imperial concern, the common legislature of the realm must legislate for all the dominions of the Crown, and that under this head fell the commerce of the Colonies with the mother country and with other nations and colonies. The most severe instances of the exercise of this authority were the Navigation Laws and the laws respecting manufactures in the Colonies, the general purpose of which was to subject the commerce and manufactures of the Colonies to such regulations and restraints as should be beneficial to the commerce and general business interests of the mother country. It was never disputed that the Colonies, like all other portions of the British dominions, must necessarily come under the control of the Crown and the Parliament in respect to all their foreign relations; and, though Indian affairs were for the most part left to the control and management of colonial authorities, yet these also were brought under imperial control to any extent that to the home government at any time seemed politic or desirable.