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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 575   View pdf image (33K)
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THE CHANCELLOR'S CASE.—1 BLAND. 575

agreed to and published, "a declaration and vindication of the
rights and liberties of the English colonies in North America."
This second colonial Congress is universally acknowledged to
have been one of the most enlightened, illustrious and patriotic
bodies of men ever convened in any age or nation. Upon the sub
ject of judicial independency their language is strong and une-
quivocal. After enumerating the several Acts of Parliament by
which the jurisdiction of the colonial tribunals was superseded;
and that of the subservient Vice-Admiralty, and other Courts
substituted in its place, among other causes of complaint, this
Congress thus conclude their Declaration of Rights: "To these
grievous acts and measures Americans cannot submit, but in hopes
their fellow-subjects in Great Britain will, on a revision of them,
restore us to that state in which both countries found happiness
and prosperity, we have, for the present, only resolved to pursue
the following peaceable measures. 1. To enter into a non-im-
portation, non-consumption, and non-exportation agreement or
association. 2. To prepare an address to the people of Great
Britain, and a memorial to the inhabitants of British America.
And 3. To prepare a loyal address to his majesty; agreeable to
resolutions already entered into." In their address to the king,
prepared and published in pursuance of this resolution, they com-
plain, among other things, that " the Judges of Admiralty and
Yice-Admiralty Courts are empowered to receive their salaries and
fees from the effects condemned by themselves." And, in the
same address, they further complain, that "the Judges of Courts
of common law have been made entirely dependent on one part of
the Legislature for their salaries, as well as for the duration of
their commissions." The Journals of Congress, 14 October, 1774. (f)

(f) HASTINGS v. PLATER.—This bill was filed on the 13th of February,
1735, by Samuel Hastings, Samuel Minskie, and John Evitt, against Benja-
min Tasker, George Plater, and Onorio Rozolini, executors of Rebecca Cal-
vert deceased, who was administratrix of Charles Calvert deceased. The
bill states, that the late Richard Smith, in his life-time formed a plan for caus-
ing a ship to be built by subscription in the City of Annapolis, in which each
subscriber was to hold a share in proportion to the sum by him subscribed;
that, having obtained from several persons subscriptions to a large amount,
he employed the plaintiffs to build a ship as proposed, and engaged Patrick
Simpson, since deceased, to take charge of her when built as master; that
the plaintiffs in compliance with their agreement built and launched a ship,
which was called the Maryland Merchant, and the greater part of her rig-
ging, tackle and furniture, were bought and set up in her, and several offi-
cers and sailors were hired to navigate her on her intended voyage; but
Smith having received all or the greatest part of the subscription money,
embezzled so much of it, that he was unable to fit her for sea; that he had
not paid these plaintiffs for their work and labor, and had besides involved
them and Patrick Simpson in liabilities for several considerable sums of
money on account of the ship; that the subscribers and contributors to the
building of the ship in this state of things, seeing their prospects of deriv-
ing any advantage from their subscriptions to be almost hopeless, and feel-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 575   View pdf image (33K)
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