John Dickinson

“ Greenville, setting his fertile fancy again at work, can, as by one exertion of it he has stript us of our property and liberty, by another deprive us of so much of our understanding; that, unconscious of what we have been or are, and ungoaded by tormenting reflections, we may bow down our necks, with all the stupid serenity of servitude, to any drudgery, which our lords and masters shall please to command. ”

“ To say, that the cause is to be tried by a jury, can never reconcile men who have any idea of freedom, to such a power. For we know that sheriffs in almost every colony on this continent, are totally dependent on the crown; and packing of juries has been frequently practised even in the capital of the British empire. Even if juries are well inclined, we have too many instances of the influence of over-bearing unjust judges upon them. The brave and wise men who accomplished the revolution, thought the independency of judges essential to freedom. ”

“ The state of our laws opens a door to much controversy. The uncertainty, with respect to them, renders property precarious, and greatly exposes us to the arbitrary decision of bad judges. The common law of England is generally received, together with such statutes as were enacted before we had a legislature of our own; but our courts exercise a sovereign authority, in determining what parts of the common and statute law ought to be extended: For it must be admitted, that the difference of circumstances necessarily requires us, in some cases, to reject the determination of both. ”

“ But supposing that through the extreme lenity that will prevail in the government through all future ages, these colonies will never behold any thing like the campaign of chief justice Jeffereys, yet what innumerable acts of injustice may be committed, and how fatally may the principles of liberty be sapped, by a succession of judges utterly independent of the people? Before such judges, the supple wretches, who cheerfully join in avowing sentiments inconsistent with freedom, will always meet with smiles ”

“ No free people ever existed, or can ever exist, without keeping, to use a common, but strong expression, “the purse stings,” in their own hands. Where this is the case, they have a constitutional check upon the administration, which may thereby be brought into order without violence: But where such a power is not lodged in the people, oppression proceeds uncontrouled in its career, till the governed, transported into rage, seek redress in the midst of blood and confusion. ”

“ But as the author of “the administration of the colonies” says, “this order of the crown is generally, if not universally, rejected by the legislatures of the colonies.”
They perfectly know how much their grievances would be regarded, if they had no other method of engaging attention, than by complaining. Those who rule, are extremely apt to think well of the constructions made by themselves in support of their own power. These are frequently erroneous, and pernicious to those they govern. ”

“ For surely, it is much easier for their wisdom to understand how to apply it in the best manner, than how to levy it in the best manner. Besides, the right of levying is of infinitely more consequence, than that of applying. The people of England, who would burst out into fury, if the crown should attempt to levy money by its own authority, have always assigned to the crown the application of money.
As to “the administration of justice”----the judges ought, in a well regulated state, to be equally independent of the executive and legislative powers. ”

“ But I know also, that the greatest asserters of the rights of Englishmen have always strenuously contended, that such a power was dangerous to freedom, and expresly contrary to the common law, which ever regarded a man’s house as his castle, or a place of perfect security. ”

“ The other security which the people have at home, but which we shall want here, is this.
If this power is abused there, the parliament, the grand resource of the oppressed people, is ready to afford relief. Redress of grievances must precede grants of money. But what regard can we expect to have paid to our assemblies, when they will not hold even the puny privilege of French parliaments---that of registering, before they are put in execution, the edicts that take away our money. ”

“ If money be raised upon us by others, without our consent, for our “defence,” those who are the judges in levying it, must also be the judges in applying it. Of consequence the money said to be taken from us for our defence, may be employed to our injury. We may be chained in by a line of fortifications---obliged to pay for the building and maintaining them----and be told, that they are for our defence. ”

“ The men, whose deliberations heretofore had an influence on every matter relating to the liberty and happiness of themselves and their constituents, and whose authority in domestic affairs at least, might well be compared to that of Roman senators, will now find their deliberations of no more consequence, than those of constables. ”

“ In many instances, they have also extended even acts of parliament, passed since we had a distinct legislature, which is greatly adding to our confusion. The practice of our courts is no less uncertain than the law. ”

“ Dry remonstrances, to shew that such constructions are wrong and oppressive, carry very little weight with them, in the opinion of persons who gratify their own inclinations in making these constructions. They cannot understand the reasoning that opposes their power and desires. ”

“ By the late act, the officers of the customs are “impowered to enter into any house, warehouse, shop, cellar, or other place, in the British colonies or plantations in America, to search for or seize prohibited or unaccustomed goods,” &c. ”

“ They may perhaps be allowed to make laws for the yoking of hogs, or pounding of stray cattle. Their influence will hardly be permitted to extend so high, as the keeping roads in repair, as that business may more properly be executed by those who receive the public cash. ”