ssachusetts is in many particulars so exceptionable, that, if I did
not wish absolutely to repeal, I would by all means desire to alter it;
as several of its provisions tend to the subversion of all public and
private justice. Such, among others, is the power in the governor to
change the sheriff at his pleasure, and to make a new returning officer
for every special cause. It is shameful to behold such a regulation
standing among English laws.
The act for bringing persons accused of committing murder under the
orders of government to England for trial is but temporary. That act has
calculated the probable duration of our quarrel with the colonies, and
is accommodated to that supposed duration. I would hasten the happy
moment of reconciliation, and therefore must, on my principle, get rid
of that most justly obnoxious act.
The act of Henry the Eighth for the trial of treasons I do not mean to
take away, but to confine it to its proper bounds and original
intention: to make it expressly for trial of treasons (and the greatest
treasons may be committed) in places where the jurisdiction of the crown
does not extend.
Having guarded the privileges of local legislature, I would next secure
to the colonies a fair and unbiased judicature; for which purpose, Sir,
I propose the following resolution:--"That, from the time when the
general assembly, or general court, of any colony or plantation in North
America shall have appointed, by act of assembly duly confirmed, a
settled salary to the offices of the chief justice and other judges of
the superior courts, it may be proper that the said chief justice and
other judges of the superior courts of such colony shall hold his and
their office and offices during their good behavior, and shall not be
removed therefrom, but when the said removal shall be adjudged by his
Majesty in council, upon a hearing on complaint from the general
assembly, or on a complaint from the governor, or the council, or the
house of representatives, severally, of the colony in which the said
chief justice and other judges have exercised the said offices."
The next resolution relates to the courts of admiralty. It is
this:--"That it may be proper to regulate the courts of admiralty or
vice-admiralty, authorized by the 15th chapter of the 4th George the
Third, in such a manner as to make the same more commodious to those who
sue or are sued in the said courts, and to provide for the more decent
maintenanc
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