Politics and the Judicial Tenure Fight in Colonial New Jersey

N its final justification of revolution second Continental Congress charged George III with designs of establishing absolute Tyranny over these States, partly through exercise in America of prerogatives no longer allowed him in England. One such prerogative was his control of colonial judiciary. Although English judges since Glorious Revolution of i688 and Act of Settlement of I70i had received commissions and were therefore independent of crown after appointment, most American judges held during pleasure commissions only and remained dependent on king who had favored them. Slowly, knowing well their whig history, colonists awakened to need of acquiring an American judiciary free from external control. Are we not intituled to all Rights of Englishmen? asked a New Jersey pamphleteer, complaining that Supreme Court justices, our principal Place-holders, were at Will of Ministry there or of Governor here. When Revolution Principles prevail, another New Jerseyite wrote, referring to Glorious Revolution and good behavior appointments, the Signs of Times are good.' Despite repeated American demands for constitutional change, English remained intransigent, instructing all governors in I752 to grant judges only during pleasure commissions. Amplified in I76i, English rationalization was that colonial salaries were so poor that governors frequently had to fill positions with unqualified men who, for sake of justice, had to be removable when better men were found. Furthermore, and more to point, a colonial judiciary independent of

Colonialism · Political economy · Political science · Politics · Sociology · American Constitutional Law and Politics · Law