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purity of the courts of law since this establishment, is a proof of the wisdom with which it was made.
But in these colonies, how fruitless has been every attempt to have the judges appointed “during good behavior?” Yet whoever considers the matter will soon perceive, that such commissions are beyond all comparison more necessary in these colonies, than they were in England.
The chief danger to the subject there, arose from the arbitrary designs of the crown; but here, the time may come, when we may have to contend the designs of the crown, and of a mighty kingdom. What then must be our chance, when the laws of life and death are to be spoken by judges totally dependent on that crown, and that kingdom----sent over perhaps from thence----filled with British prejudices---and backed by a standing army---supported out of our own pockets, to “assert and maintain” our own “dependence and obedience.”
But supposing that through the extreme lenity that will prevail in the government through all future ages, these colonies will never behold any thing like the campaign of chief justice Jeffereys, yet what innumerable acts of injustice may be committed, and how fatally may the principles of liberty be sapped, by a succession of judges utterly independent of the people? Before such judges, the supple wretches, who cheerfully join in avowing sentiments inconsistent with freedom, will always meet with smiles; while the honest and brave men, who disdain to sacrifice their native land to their own advantage, but on every occasion boldly vindicate her cause, will constantly be regarded with frowns.
There are two other considerations relating to this head, that deserve the most serious attention.
By the late act, the officers of the customs are “impowered to enter into any house, warehouse, shop, cellar, or other place, in the British colonies or plantations in America, to search for or seize prohibited or unaccustomed goods,” &c. on “writs granted by the superior or supreme court of justice, having jurisdiction within such colony or plantation respectively.”
If we only reflect, that the judges of these courts are to be during pleasure----that they are to have “adequate provision” made for them, which is to continue during their complaisant behavior----that they may be strangers to these colonies----what an engine of oppression may this authority be in such hands?
I am well aware, that writs of this kind may be granted at home, under the seal of the court of exchequer: But I know also, that the greatest asserters of the rights of Englishmen have always strenuously contended, that such a power was dangerous to freedom, and expresly contrary to the common law, which ever regarded a man’s house as his castle, or a place of perfect security.
