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Welbore Ellis (search for this): chapter 5
, was to institute courts, name the judges, make them irresponsible but to himself, remove them at pleasure, regulate the amount of their salaries, and pay them by warrants under the sign manual, out of funds which were beyond the control of the several colonies, and not even supervised by the British parliament. The system introduced into New-York was to be universally extended. While the allowance of a salary to the chief justice of New-York was passing through the forms of office, Welbore Ellis, the successor of Charles Townshend as secretary at war, brought forward the army estimates Journals of the House of Commons, XXIV. 506. for the year, including the proposition of twenty regiments as a standing army for America. The country members would have grudged the expense; but Charles Townshend, with a promptness which in a good cause would have been wise and courageous, explained the plan of the ministry, I understand part of the plan of the army is, and which I very much ap
t respectful humility, was unheeded; and the treasury board, at which Lord North had a seat, decided not only that the commission of the chief justice of New-York should be at the king's pleasure, but the amount and payment of his salary also. Dyson, Secretary of the Treasury, to J. Pownall, Secretary of the Board of Trade, 29 Dec. 1762, in Treasury Letter Book, XXII. 353. Dyson to auditor of plantations, ib. Compare, as to the fact of the allowance, Lieut. Gov. Golden to board of trade, NeDyson to auditor of plantations, ib. Compare, as to the fact of the allowance, Lieut. Gov. Golden to board of trade, New-York, 8 July, 1763, and Chief Justice Smyth, of New Jersey, to Hillsborough, 20 Nov. 1768. And this momentous precedent, so well suited to alarm the calmest statesmen of America, was decided as quietly as any ordinary piece of business. The judiciary of a continent was, by ministerial acts, placed in dependence on the crown chap. V.} 1763 Mar. avowedly for political purposes. The king, in the royal provinces, was to institute courts, name the judges, make them irresponsible but to himself
William Murray (search for this): chapter 5
y.—There was Mansfield, Lord Campbell's Lives of the Chief Justices, II. 459-460. the illustrious jurist, who had boasted pub- chap. V.} 1763. Feb. licly of his early determination never to engage in public life, but upon whig principles; Murray's speech in his own defence before the Lords of the Privy Council in 1753. and, in conformity to them, had asserted that an act of parliament in Great Britain could alone prescribe rules for the reduction of refractory colonial assemblies. Opinion of Sir Dudley Rider and Hon. William Murray, Attorney and Solicitor General, in October, 1744.— There was George Grenville, then first Lord of the Admiralty, bred to the law; and ever anxious to demonstrate that all the measures which he advocated reposed on the British Constitution, and the precedents of 1688; eager to make every part of the British empire tributary to the prosperity of Great Britain, and making the plenary authority of the British Legislature the first article of his pol
Lord Egremont (search for this): chapter 5
trument to carry his long cherished opinions of British omnipotence into effect.—There was the self-willed, hot-tempered Egremont, using the patronage of his office to enrich his family and friends; the same who had menaced Maryland, Pennsylvania and authority; at variance with Bute, and speaking of his colleague, the Duke of Bedford, as a headstrong, silly wretch. Egremont to George Grenville, in the Grenville Papers, i. 475: That headstrong, silly wretch. To these was now added the fearse, more than their just proportion. The peace, too, the favorite measure of the ministry and the king, Bernard to Egremont, 16 Feb. 1763. had been gratefully welcomed in the New World. We in America, said Otis Hutchinson's History of Massacovernment to a triumvirate, consisting of Grenville, as the head of the treasury and chancellor of the exchequer, and of Egremont and Halifax, the two secretaries of state. After making this arrangement, Bute resigned, having established, by act of
f all the king's friends, I must in a few hours put other things in agitation; Bute to G. Grenville, in Grenville Papers, II. 33-39. and Grenville, with a warm sense of obligation, accepted the high and important situation destined for him by the king's goodness and his lordship's friendship, G. Grenville to Bute, in Grenville Papers, II. 33-39. promising not to put any negative Ibid. 38. upon those whom the king might approve as his colleagues in the ministry. Bute next turned to Bedford, announcing the king's abiding determination never, upon any account, to suffer those ministers of the late reign, who had attempted to fetter and enslave him, to come into his service while he lived to hold the sceptre. Bute to Bedford, 2d April, 1768, in Wiffen's Memoirs of the House of Russell, II. 522. Lord John Russell's Correspondence of John, 4th Duke of Bedford, III. 224. Shall titles and estates, he continued, and names like a Pitt, that impose on an ignorant populace, give this
Dudley Rider (search for this): chapter 5
nsfield, Lord Campbell's Lives of the Chief Justices, II. 459-460. the illustrious jurist, who had boasted pub- chap. V.} 1763. Feb. licly of his early determination never to engage in public life, but upon whig principles; Murray's speech in his own defence before the Lords of the Privy Council in 1753. and, in conformity to them, had asserted that an act of parliament in Great Britain could alone prescribe rules for the reduction of refractory colonial assemblies. Opinion of Sir Dudley Rider and Hon. William Murray, Attorney and Solicitor General, in October, 1744.— There was George Grenville, then first Lord of the Admiralty, bred to the law; and ever anxious to demonstrate that all the measures which he advocated reposed on the British Constitution, and the precedents of 1688; eager to make every part of the British empire tributary to the prosperity of Great Britain, and making the plenary authority of the British Legislature the first article of his political creed.—The
William Meredith (search for this): chapter 5
opportunity of examining the correspondence of Hutchinson. The letter which he cited should now be among tile records of Massachusetts, but I searched for it there in vain. Yet I see no reason for doubting the accuracy of the quotation. Richard Jackson, from his upright character and his position as a friend of Grenville, and soon as a confidential officer of the Exchequer, was competent to give decisive evidence. In a debate in the House of Commons in the thirteenth parliament, Sir William Meredith, speaking in the presence of Grenville, intimates that Grenville adopted the measure of the stamp act at the suggestion of another. See the Reports by Cavendish, i. 499. Horace Walpole, a bitter enemy of Grenville's, yet says, in a note to his Memoirs of Geo. III. III. 32, that the stamp act was a measure of Bute's ministry, at the suggestion of his secretary, Jenkinson, who afterwards brought it into the treasury for Grenville's adoption. Bute personally, as we know from Knox, w
John Cavendish (search for this): chapter 5
vain. Yet I see no reason for doubting the accuracy of the quotation. Richard Jackson, from his upright character and his position as a friend of Grenville, and soon as a confidential officer of the Exchequer, was competent to give decisive evidence. In a debate in the House of Commons in the thirteenth parliament, Sir William Meredith, speaking in the presence of Grenville, intimates that Grenville adopted the measure of the stamp act at the suggestion of another. See the Reports by Cavendish, i. 499. Horace Walpole, a bitter enemy of Grenville's, yet says, in a note to his Memoirs of Geo. III. III. 32, that the stamp act was a measure of Bute's ministry, at the suggestion of his secretary, Jenkinson, who afterwards brought it into the treasury for Grenville's adoption. Bute personally, as we know from Knox, wished to bring the colonies into order; but as every body about him wished the same, he probably thought not much about tile matter, but left it to others, and especia
Clement Wearg (search for this): chapter 5
He was always for making thorough work of it with the colonies. James the Second, in attempting the introduction of what was called order into the New World, had employed the prerogative. Halifax and Townshend, in 1753, had tried to accomplish the same ends by the royal power, and had signally failed. It was now settled that no tax could be imposed on the inhabitants of a British plantation but by their own assembly, or by an act of parliament; Opinion of Sir Philip Yorke and Sir Clement Wearg. and though the ministers readily employed the name and authority of the king, yet, in the main, the new system was to be enforced by the transcendental power of the British parliament. On his advancement, Townshend became at once chap. V.} 1763. Feb. the most important man in the House of Commons; for Fox commanded no respect, and was preparing to retire to the House of Lords; and Grenville, offended at having been postponed, kept himself sullenly in reserve. Besides; America, whic
ral Assembly at New-York to the King, concerning the Administration of Justice in that Province, 11th Dec. 1762. In Lansdowne House Mss. concerning the colonial court of judicature, which exercised the ample authorities of the two great courts of King's Bench and Common Pleas, and also of the Barons of the Exchequer. They represented that this plenitude of uncontrolled power in persons who could not be impeached in the colony, and who, holding their offices during pleasure, were consequently ut of the house. Rigby to the Duke of Bedford, 10 March, 1763. Correspondence III. 218. Yet the ministry persevered, though the cider counties were in a flame; the city of London, proceeding beyond all precedent, petitioned Commons, Lords, and King against the measure; and the cities of Exeter and Worcester instructed their members to oppose it. The House of Lords divided upon it; and two protests against it appeared on their journals. Journals of House of Lords, of March 29 and March 30.
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