[ 47 ]
adding to our confusion. The practice of our courts is no less uncertain than the law. Some of the English rules are adopted, others rejected. Two things therefore seem to be absolutely necessary for the public security. First, the passing an act for settling the extent of the English laws. Secondly, that the courts ordain a general sett of rules for the regulation of the practice.”
How easy it will be, under this “state of our laws,” for an artful judge, to act in the most arbitrary manner, and yet cover his conduct under specious pretences; and how difficult it will be for the injured people to obtain relief, may be readily perceived. We may take a voyage of 3000 miles to complain; and after the trouble and hazard we have undergone, we may be told, that the collection of the revenue, and maintenance of the prerogative, must not be discouraged----and if the misbehavior is so gross as to admit of no justification, it may be said, that it was an error in judgment only, arising from the confusion of our laws, and the zeal of the King’s servants to do their duty.
If the commissions of judges are during the pleasure of the crown, yet if their salaries are during the pleasure of the people, there will be some check upon their conduct. Few men will consent to draw on themselves the hatred and contempt of those among whom they live, for the empty honor of being judges. It is the sordid love of gain, that tempts men to turn their backs on virtue, and pay their homage where they ought not.
As to the third particular, “the support of civil government,”----few words will be sufficient. Every man of the least understanding must know, that the executive power may be exercised in a manner so disagreeable and harrassing to the people, that it is absolutely requisite, that they should be enabled by the gentlest method which human policy has yet been ingenious enough to invent, that is, by shutting their hands, to “admonish” (as Mr. Hume says) certain persons “of their duty.”
What shall we now think when, upon looking into the late act, we find the assemblies of these provinces thereby stript of their authority on these several heads? The declared intention of the act is, “that a revenue should be raised in his Majesty’s dominions in America, for making a more certain and adequate provision for defraying the charge of the administration of justice, and the support of civil government in such provinces where it shall be found necessary, and towards further defraying the expences of defending, protecting and securing the said dominions.”
Let the reader pause here one moment---and reflect---whether the colony in which he lives, has not made such “certain and adequate provision” for these purposes, as is by the colony judged suitable to its abilities, and all other circumstances. Then let him reflect----whether if this act takes place, money is not to be raised on that
