tailieunhanh - The Independence of the Judiciary

In the summer of 1772, Massachusetts Governor Thomas Hutchinson announced that he and all superior court judges would no longer need or accept the payment of their salaries from the Massachusetts legislature because the Crown would henceforth assume payment drawn from customs revenues. The following December, spurred on by Boston radicals, the town of Cambridge condemned the attempt to make the judges’ salaries payable by the royal exchequer as a violation of their ancient liberties and practices. At the Cambridge meeting, however, General William Brattle defended the crown’s assumption of the judges’ salaries and issued a challenge to all. | The Independence of the Judiciary In the summer of 1772 Massachusetts Governor Thomas Hutchinson announced that he and all superior court judges would no longer need or accept the payment of their salaries from the Massachusetts legislature because the Crown would henceforth assume payment drawn from customs revenues. The following December spurred on by Boston radicals the town of Cambridge condemned the attempt to make the judges salaries payable by the royal exchequer as a violation of their ancient liberties and practices. At the Cambridge meeting however General William Brattle defended the crown s assumption of the judges salaries and issued a challenge to all patriots and more particularly to John Adams by name to debate him on the subject. In brief Brattle argued that Massachusetts judges were de facto appointed for life and therefore the assumption of their salaries by the Crown would little threaten their independence. In a dazzling and relentless display of historical and legal research Adams demonstrated in seven essays that the so-called independence of English judges was an eighteenth-century innovation that did not extend to the colonies. The tenure of colonial judges was Adams argued dependent on the pleasure of the Crown. The implications for Massachusetts were massive. A judiciary dependent on the Crown for appointment and salary would be entirely beholden to its patron. Adams wrote therefore to alert the people of Massachusetts to the danger of Brattle s myth and to the need for truly independent judiciary. 74 6 The Independence OF THE Judiciary A Controversy Between William Brattle and John Adams II January 1773 To the printers General Brattle by his rank station and character is entitled to politeness and respect even when he condescends to harangue in town meeting or to write in a newspaper but the same causes require that his sentiments when erroneous and of dangerous tendency should be considered with entire freedom and the examination be .

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