George Bancroft, History of the United States from the Discovery of the American Continent, Vol. 4, 15th edition.

‘ [427] America,’ as was their duty, if they sincerely be-

chap. XVIII.} 1761.

lieved that renovating truth is transmitted from generation to generation, not through the common mind of the ages, but through a separate order having perpetual succession; for, on this point, the British ministry was disinclined to act, while the American people were alarmed at Episcopacy only from its connection with politics. New York was aroused to opposition, because, as the first fruits of the removal of Pitt from power, within six weeks of his resignation,¹ the independency of the judiciary was struck at² throughout all America, making revolution inevitable.

On the death of the chief justice of New York, his successor, one Pratt, a Boston lawyer, was appointed at the king's pleasure, and not during good behavior, as had been done ‘before the late king's death.’ The Assembly held the new tenure of judicial power to be inconsistent with American liberty; the generous but dissolute Monckton, coming in glory from Quebec to enter on the government of New York, before seeking fresh dangers in the West Indies, censured it in the presence of the Council;³ even Colden advised against it.⁴ ‘As the parliament,’ argued Pratt,⁵ himself, after his selection for the vacant place on the bench, and when quite ready to use the power of a judge to promote the political interests of the crown, ‘as the parliament at the Revolution thought it the necessary right of Englishmen to have the judges safe from being turned out by the crown, the people of New York claim the right of ’