the governor all influence over the judiciary, by
making good behavior its tenure of office.
repeated the same contests, and adopted the same policy.
Already the negative had been wrested from the Council of Pennsylvania
, and from the proprietaries themselves.
The latter, therefore, in March, 1760, appealed to the king against seventeen acts that had been passed in 1758 and 1759, ‘as equally affecting the royal prerogative, their chartered immunities, and their rights as men.’
When, in May, 1760, Franklin
appeared with able counsel to defend the liberties of his adopted home before the Board of Trade, he was encountered by Pratt
, the attorney-general
, and Charles Yorke
, the son of Lord Hardwicke, then the solicitor-general
, who appeared for the prerogative and the proprietaries.
Of the acts complained of, it was held that some ‘were unjust to the private fortunes of the Penns,’ and all, by their dangerous encroachments, ‘fatal to the constitution in a public consideration.’
In behalf of the people it was pleaded, that the consent of the governor, who was the deputy of the proprietaries, included the consent of his principals.
To this it was replied, that his consent was fraudulent, for the amount of his emoluments had depended on his compliance; that it was subversive of the constitution for the Assembly first to take to themselves the supervision of the treasure, and then to employ it to corrupt the governor.
Even the liberal Pratt
, as well as Yorke
, ‘said much of the intention to establish a democracy, in place of his Majesty's government,’ and urged upon ‘the proprietaries their duty of resistance.’
The Lords of Trade found that in Pennsylvania
, as in every other colony,