The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 02 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
Ideas of prudence and accommodation to circumstances prevent you from
taking away the charters of Connecticut and Rhode Island, as you have
taken away that of Massachusetts Colony, though the crown has far less
power in the two former provinces than it enjoyed in the latter, and
though the abuses have bean full as great and as flagrant in the
exempted as in the punished. The same reasons of prudence and
accommodation have weight with me in restoring the charter of
Massachusetts Bay. Besides, Sir, the act which changes the charter of
Massachusetts is in many particulars so exceptionable, that, if I did
not wish absolutely to repeal, I would by all means desire to alter it;
as several of its provisions tend to the subversion of all public and
private justice. Such, among others, is the power in the governor to
change the sheriff at his pleasure, and to make a new returning officer
for every special cause. It is shameful to behold such a regulation
standing among English laws.
The act for bringing persons accused of committing murder under the
orders of government to England for trial is but temporary. That act has
calculated the probable duration of our quarrel with the colonies, and
is accommodated to that supposed duration. I would hasten the happy
moment of reconciliation, and therefore must, on my principle, get rid
of that most justly obnoxious act.
The act of Henry the Eighth for the trial of treasons I do not mean to
take away, but to confine it to its proper bounds and original
intention: to make it expressly for trial of treasons (and the greatest
treasons may be committed) in places where the jurisdiction of the crown
does not extend.
Having guarded the privileges of local legislature, I would next secure
to the colonies a fair and unbiased judicature; for which purpose, Sir,
I propose the following resolution:--"That, from the time when the
general assembly, or general court, of any colony or plantation in North
America shall have appointed, by act of assembly duly confirmed, a
settled salary to the offices of the chief justice and other judges of
the superior courts, it may be proper that the said chief justice and
other judges of the superior courts of such colony shall hold his and
their office and offices during their good behavior, and shall not be
removed therefrom, but when the said removal shall be adjudged by his
Majesty in council, upon a hearing on complaint from the general
assembly, or on a complaint from the governor, or the council, or the
house of representatives, severally, of the colony in which the said
chief justice and other judges have exercised the said offices."
Public-domain text, read in full here on John Shaqi.
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