Letters from a Farmer in Pennsylvania, to the Inhabitants of the British Colonies

by John Dickinson

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 inferior 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 complisant behaviour—that they may be stranger 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 expressly contrary to the common law, which ever regarded a man's house, as his castle, or a place of perfect security.

If such a power is in the least degree dangerous there, it must be utterly destructive to liberty here.—For the people there have two securities against the undue exercise of this power by the crown, which are wanting with us, if the late act takes place. In the first place, if any injustice is done there, the person injured may bring his action against the offender, and have it tried by independant judges, who are[38] no parties in committing the injury. Here he must have it tried before dependant judges, being the men who granted the writ.

To say that the cause is to be tried by a jury can never reconcile men, who have any idea of freedom to such a power.—For we know, that sheriffs in almost every colony on this continent, are totally dependant on the crown; and packing of juries has been frequently practiced even in the capital of the British empire. Even if juries are well inclined, we have too many instances of the influence of overbearing unjust judges upon them. The brave and wise men who accomplished the revolution, thought the independency of judges essential to freedom.

The other security which the people have at home, but which we shall want here, is this.—If this power is abused there, the parliament, the grand resource of the opprest people, is ready to afford relief. Redress of grievances must precede grants of money. But what regard can we expect to have paid to our assemblies, when they will not hold even the puny privilege of French parliaments——that of registering the edicts, that take away our money, before they are put in execution.

The second consideration above hinted at, is this—There is a confusion in our laws that is quite unknown in Great-Britain. As this cannot be described in a more clear or exact manner, than has been done by the ingenious author of the history of New-York, I beg leave to use his words. "The state of our laws opens a door to much controversy. The uncertainty which respect them, renders property precarious, and greatly exposes us to the arbitrary decision of unjust judges. The common law of England is generally received, together with such statutes, as were enacted before we had a legislature of our own; but our courts exercise a sovereign authority, in determining what parts of the common and statute law ought to be extended: For it must be admitted, that the difference of circumstances necessarily requires us, in some cases, to reject the determination of both. In many instances they have also extended even acts of parliament, passed since we had a distinct legislature, which is greatly 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 set of rules for the regulation of the practice."

How easy will it 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 will it be for the injured people to obtain redress, may be readily perceived. We may take a voyage of three thousand 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 misbehaviour 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 we live, for the empty honour 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.