134 Benjamin Franklin [1768
are immediately repealed by the crown; nor dare he
pass any law contrary to his instructions, as he holds
his office during the pleasure of the crown, and his
securities are liable for the penalties of their bonds if
he contravenes those instructions. This is what they
say as to governors.
As to judges, they allege that, being appointed
from this country, and holding their commissions, not
during good behaviour, as in Britain, but during
pleasure, all the weight of interest or influence would
be thrown into one of the scales (which ought to be
held even), if the salaries are to be paid out of duties
raised upon the people without their consent, and
independent of their assemblies’ approbation or dis-
approbation of the judge’s behaviour. That it is
true, judges should be free from all influence; and,
therefore, whenever government here will grant com-
missions to able and honest judges during good be-
haviour, the assemblies will settle permanent and
ample salaries on them during their commissions;
but, at present, they have no other means of getting
rid of an ignorant or an unjust judge (and some of
scandalous characters have, they say, been some-
times sent them) left, but by starving them out.
I do not suppose these reasonings of theirs will
appear here to have much weight. I do not produce
them with an expectation of convincing your readers.
I relate them merely in pursuance of the task I have
imposed on myself, to be an impartial historian of
American facts and opinions.
The colonists being thus greatly alarmed, as I said