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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 612   View pdf image (33K)
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612 THE CHANCELLOR'S CASE.

acts reaching this country, the 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 dur-
ing good behaviour, their having salaries appointed by the crown,
independent of the people, hath not a tendency to subvert the princi-
ples of equity, and endanger the happiness and security of the sub-
ject." This letter, by the express command of the British minis-
ter, 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 treat-
ing it with the contempt it deserves." In reply to which message,
the House, among other things, say, " be pleased to be assured,
that we cannot 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"
Immediately upon the receipt of which reply the House of Dele-
gates was prorogued by the governor.(f)

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 dependent
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
sdjfble agents to execute them. In consequence of the opposi-

(/) Votes and Proceedings House Delegates, 22d June 1768, and the Council
proceedings of the same time, 1 Pitk. His. 458, 461.

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 612   View pdf image (33K)
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