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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 613   View pdf image (33K)
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THE CHANCELLOR'S CASE. §13

tion which the colonists made about this time, England 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,
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
subject 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which the jurisdiction of the colonial tribunals was superseded;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 substi-
tuted 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 fel-
low subjects in Great Britain will, on a revision of them, restore
us to that state in which both countries found happiness and pros-
perity, we have, for the present, only resolved to pursue the fol-
lowing peaceable measures. 1. To enter into a non-importation,
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 pre-
pare 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 complain, among
other things, that " the judges of admiralty and vice-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."(g)

(g) The Journals of Congress, 14th October, 1774.

HASTINGS v. PLATER.—This bill was filed on the 13th of February 1735, by
Samuel Hastings, Samuel Minskie, and John Evitt, against Benjamin Tasker, George
Plater, and Onorio Rozolini, executors of Rebecca Calvert deceased, who was
istratrix of Charles Calvert deceased. The bill states, that the late Richard South,
in his lifetime formed a plan for causing 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

 

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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 613   View pdf image (33K)
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