In the same year the arbitrary temper of the government was exhibited in
New York. Down to this time the chief justice of the colony had held
office only during good behaviour, and had been liable to dismissal at
the hands of the colonial assembly. The chief justice was now made
removable only by the Crown, a measure which struck directly at the
independent administration of justice in the colony. The assembly tried
to protect itself by refusing to assign a fixed salary to the chief
justice, whereupon the king ordered that the salary should be paid out
of the quit-rents for the public lands. At the same time instructions
were sent to all the royal governors to grant no judicial commissions
for any other period than "during the king's pleasure;" and to show that
this was meant in earnest, the governor of New Jersey was next year
peremptorily dismissed for commissioning a judge "during good
behaviour."
[Sidenote: Otis's "Vindication"]
In 1762, a question distinctly involving the right of the people to
control the expenditure of their own money came up in Massachusetts.
Governor Bernard, without authority from the assembly, had sent a couple
of ships to the northward, to protect the fisheries against French
privateers, and an expense of some £400 had been thus incurred. The
assembly was now ordered to pay this sum, but it refused to do so. "It
would be of little consequence to the people," said Otis, in the debate
on the question, "whether they were subject to George or Louis, the king
of Great Britain or the French king, if both were arbitrary, as both
would be, if both could levy taxes without Parliament." A cry of
"Treason!" from one of the less clear-headed members greeted this bold
statement; and Otis, being afterward taken to task for his language,
published a "Vindication," in which he maintained that the rights of a
colonial assembly, as regarded the expenditure of public money, were as
sacred as the rights of the House of Commons.
[Portrait: George Grenville]
[Sidenote: Expenses of the French war]
[Sidenote: Grenville's Resolves]
Public-domain text, read in full here on John Shaqi.
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