It has been for a long time, and now is, a constant instruction to all governors, to obtain a permanent support for the officers of government. But as the author of the administration of the colonies says, "this order of the crown is generally, if not universally, rejected by the legislatures of the colonies."
They perfectly know how much their grievances would be regarded, if they had no other method of engaging attention, than by complaining. Those who rule, are extremely apt to think well of the constructions made by themselves, in support of their own power. These are frequently erroneous and pernicious to those they govern—Dry remonstrances, to shew that such constructions are wrong and oppressive, carry very little weight with them, in the opinion of persons, who gratify their own inclinations in making these constructions. They cannot understand the reasoning that opposes their power and desire: but let it be made their interest to understand such reasoning—and a wonderful light is instantly thrown on the matter; and then rejected remonstrances become as clear as "proof of holy writ."[37]
The three most important articles, that our assemblies, or any legislatures can provide for, are, first the defence of the society: secondly—the administration of justice: and, thirdly, the support of civil government.
Nothing can properly regulate the expence of making provision for these occasions, but the necessities of the society; its abilities; the conveniency of the modes of levying money among them; the manner in which the laws have been executed; and the conduct of the officers of government; all which are circumstances that cannot possibly be properly known, but by the society itself; or, if they should be known, will not, probably, be properly considered, but by that society.
If money may be raised upon us, by others, without our consent, for our "defence," those who are the judges in levying it, must also be the judges in applying it. Of consequence, the money said to be taken from us for our defence, may be employed to our injury. We may be chained in by a line of fortifications: obliged to pay for building and maintaining them; and be told that they are for our defence. With what face can we dispute the fact, after having granted, that those who apply the money, had a right to levy it; for, surely, it is much easier for their wisdom to understand how to apply it in the best manner, than how to levy it in the best manner. Besides, the right of levying is of infinitely more consequence, than that of applying it. The people of England, that would burst out into fury, if the crown should attempt to levy money by its own authority, have assigned to the crown the application of money.
As to "the administration of justice"—the judges ought, in a well regulated state, to be equally independant of the legislative powers. Thus, in England, judges hold their commissions from the crown "during good behaviour;" and have salaries, suitable to their dignity, settled on them by parliament. The 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 behaviour; yet whoever considers the matter will soon perceive, that such commissions are beyond all comparison more necessary in these colonies, than they are 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 with the designs of the crown, and of a mighty kingdom. What then will be our chance, when the laws of life and death, are to be spoken by judges, totally dependant on that crown and kingdom—sent over, perhaps, from thence—filled with British prejudice—and backed by a standing army, supported out of our own pockets, to "assert and maintain" our own "dependance and obedience."
But supposing, that through the extreme lenity that will prevail in the government, through all future ages, these colonies never will 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 independant 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.