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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 574   View pdf image (33K)
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574 THE CHANCELLOR'S CASE.—1 BLAND.

laying internal taxes upon the colonists, commonly called the
Revenue Acts. Upon these * Acts reaching this country, the
612 Massachusetts Assembly, on the 11th of February, 1768,
addressed a circular letter to the speakers of the other assemblies,
stating the grounds of their opposition to them; that they had
forwarded petitions and remonstrances against the late duties;
and then say, that " they have also submitted it to consideration,
whether any people can be said to enjoy any degree of freedom, if
the crown, in addition to its undoubted authority of constituting
a Governor, should also appoint him such stipend as it shall judge
proper, without the consent of the people, and at their expense;
and whether, while the Judges of the land, and other civil officers
in the Province, hold not their commissions during good behavior,
their having salaries appointed by the crown, independent of the
people, hath not a tendency to subvert the principles of equity,
and endanger the happiness and security of the subject." This
letter, by the express command of the British minister, was by
Governor Sharpe of Maryland, in a message of the 20th of June,
1768, to the House of Delegates, denounced as a dangerous and
factious attempt to disturb the public peace; and the House was
requested " to take no notice of it, which would be treating it with
the contempt it deserves." In reply to which message, the House,
among other things, say, " be pleased to be assured, that we can-
not be prevailed on to take no notice of, or to treat with the least
degree of contempt a letter so expressive of duty and loyalty to
the sovereign, and so replete with just principles of liberty." Im-
mediately upon the receipt of which reply the House of Delegates
was prorogued by the Governor, (e)

The attention of the colonists of this country having been thus,
for the first time, solemnly drawn to the nature and importance of
judicial independency, the subject was universally and thoroughly
discussed; and soon became familiarly and perfectly understood.
If England had seen, and ascertained the necessity of a depend-
ent and subservient judiciary to enforce the acts of trade, and the
acts for raising an internal revenue; the colonies, on the other
hand, now saw as clearly, and became as thoroughly convinced,
that an impartial, firm, and independent judiciary was no less
necessary for the preservation of their rights and liberties. It was
agreed, on both sides, that laws, whether good or bad, were futile
without suitable agents to execute them. In consequence of the
opposition * which the colonists made about this time, Eng-
613 land withdrew her pretensions for a season, but soon after
renewed them in another form.

To oppose this renewed attack another colonial Congress was
assembled at Philadelphia, who on the 14th of October, 1774,

(e) Votes and Proceedings House Delegates, 23d June, 1768, and the Council
proceedings of the same time. 1 Pitk. His. 458, 461.

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 574   View pdf image (33K)
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