THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE GOVERNOR. FEBRUARY 12, 1773.1
[Massachusetts State Papers, pp. 366, 367; printed also in the
Gentleman's Magazine, vol. xliii., Pp. 198, 199.]
May it please your Excellency,
Your message of the 4th instant,2 informs this House, that his Majesty has been pleased to order that salaries shall be allowed to the Justices of the Superior Court of this province.
We conceive that no Judge, who has a due regard to justice, or even to his own character, would choose to be placed under such an undue bias as they must be under, in the opinion of this House, by accepting of, and becoming dependent for their salaries upon the Crown.
Had not his Majesty been misinformed, with respect to the constitution and appointment of our Judges, by those who advised to this measure, we are persuaded, he would never have passed such an order; as he was pleased to declare, upon his accession to the throne, that "he looked upon the independence and uprightness of the Judges, as essential to the impartial administration of justice, as one of the best securities of the rights and liberties of his subjects, and as most conducive to the honor of the Crown."
Your Excellency's precaution to prevent all claim from the province for any services, for which the Justices may also be entitled to a salary from the King, is comparatively, of very small consideration with us.
When we consider the many attempts that have been made, effectually to render null and void those clauses in our charter, upon which the freedom of our constitution depends, we should be lost to all public feeling, should we not manifest a just resentment. We are more and more convinced, that it has been the design of administration, totally to subvert the constitution, and introduce an arbitrary government into this province; and we cannot wonder that the apprehensions of this people are thoroughly awakened.
We wait with impatience to know, and hope your Excellency will very soon be able to assure us, that the Justices will utterly refuse ever to accept of support, in a manner so justly obnoxious to the disinterested and judicious part of the good people of this province, being repugnant to the charter, and utterly inconsistent with the safety of the rights, liberties and properties of the people.
1 Stated to have been written by Adams, in W. V. Wells, Life of Samuel Adams, vol. ii., p. 47, but with no authority given. 2 Massachusetts State Papers, pp. 365, 366.