In colonial days the superior judges were appointed by the governors, except in Rhode Island and Connecticut, where the legislatures elected them.
This demand has in many instances led to ill-considered legislation, has frequently ignored the prerogatives and even the existence of the state commissions, and has brought about the passage by state legislatures of maximum freight and passenger rate laws, with rates so low in many cases that they have been set aside by the courts as unconstitutional.
After making these recommendations concerning amendments the Convention resolved: " That if the application of these states to the government of the United States, recommended in a foregoing resolution, should be unsuccessful, and peace should not be concluded, and the defence of these states should be neglected, as it has been since the commencement of the war, it will, in the opinion of this convention, be expedient for the legislatures of the several states to appoint delegates to another convention, to meet at Boston in the state of Massachusetts on the third Thursday of June next, with such.
It called for a legislature of two branches, one chosen by the people and based on free population (or on wealth) and the other chosen by the first out of candidates nominated by the state legislatures; a majority vote only was required in each house; and Congress was to have a negative on such state legislation as seemed to the Congress to contravene the articles of the Union.
1864), decided that in colonies possessing selfgoverning legislatures such letters patent were of no value; and soon after the crown ceased to issue them, even for crown colonies.