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Show 418 ACTS RELATING Part III. Seé‘t. VII. TO THE Commas. 419 temporary, wretched, and arbitrary {up- port *. \Vas it reafonable to expeé‘t that judges, under fueh circumllances, {hould firmly maintain the rights of the crown, " ried by parties and factions; and that "thofe of great power and interelt in "the country did ealily overhear others " in their own caufes, or in fuch where- or enforce the laws of trade, or in any " in they were interelled, either by rela- cafe faithfully difcharge their duty, in oppolirion to the overbearing fpirit of a democracy, or even to the paflions and prejudices of the multitude? \Vhill‘t the judges were kept in fuch a {late of de- "tion of kindred, tenure, fervice, de- "' pcndence, or application *3' What remedy has the act provided for an evil of f0 dangerous a nature? None at all. Or, at belt, miflaking the re- pendence. could it even be expefled that verfe of wrong for right, it has only [ub- the rights of indifiduals would be bet er protected than the rignts of government? Mud not all redrefs of wrongs done by a more to a lefs powerful fubjeSt be defperate and unattainable? It might well be expeé‘ted to happen, and according- ly we learn from the belt authority, that it at‘lually did happen, as formerly in the county courts in England-" That "all bufinefs of any moment was car‘* See Adminifiration of the Colonies, vol. i. p. In. flitutedlone evil in the place of another. Not a fyllable is faid about the falaries of the judges. They are left, as to this point, f0 far as this a8: extends, in the fame {late of dependence as before. The crown indeed does now iffue falaries for them. But it is a voluntary, arbit~ rary act of the crown. It is no legal efiablifhment. And it feems to the full as dangerous, that the judges fliould depend * noted from lord chief juflice Hale, in the Adminiftration of the Colonies, vol. 1'. p. 110. f‘ ried Eez on |
