Page:The Green Bag (1889–1914), Volume 03.pdf/35

warlike conduct had been so painful to his it serves to show the temper that Governor principles. Penn's reply to this has not j and Assembly were evidently in, and also been chronicled; but to the day of his the interesting fact that there existed a dis death he placed unswerving reliance upon content with the dependence of the Judges' James Logan, and by his will made him commission upon the governor's pleasure, trustee of his entire American property. and that an office during good behaviour was looked for, — something not attained Young Logan entered a region of turbu Concerning the lence almost upon his disembarking. As until many years later. the most confidential friend and agent of courts, this message of Governor Evans the Proprietary, all opposition came full continues : "There is such a Train laid in against him in his capacities of Secretary the said Bill, that when once the Assembly" to the Council, and Receiver-General of . . . has got the means of having a Chief Justice to their own mind . . . " by their rents and all other dues, and payer of sala ries, and so forth. The Governors quarrelled power of removing and withholding a Salary . . . the whole power and proceedings of with the Council, and David Lloyd quar relled with the Governors; and between them the Court will not only be absolutely inde pendent of the Govmt., but in all probabil all one is not surprised to find the confiden tial agent impeached. The second volume ity be levell'd as far as Possibly in direct of Colonial Records becomes lively reading opposition to it; Especially since the pres at about this time, 1706-7; and the quaint ent Speaker [that is David Lloyd again], spelling and diction add a relish- to the who being the only person in that House venom they record. "Gentlemen," says professing the Law has been the Chief the Hon. John Evans, Esq., Lieutenant- Compiler of that Bill, has presumptuously Governor, in a message to the Assembly taken upon him to write to some pri shortly before Logan was impeached, "you vate men in England ... to send over have now given me, and the rest of the some fit person hither to be our Chief Jus world, very great reason to believe that your tice, proposing the Encouragement of some concern for the Common good is not so real hundred per annum, and further objecting as has been pretended, since you prefer an against that Worthy Gentlemen as well as obstinate humour in Defence of an irregular able Lawyer Judge Mompesson [commis & affrontive behaviour to all other consider sioned 1706, April 17, but probably never sat] as unfitt, because in the Interest of the ations relating to the Publick. . . . But not withstanding ... I shall once more give Proprietr. ye Chief Govr. of the Place." my Result upon the Bill . . . but shall first Shortly after the above message appear observe that your particular manner . . . the articles of James Logan's impeachment, very clearly Evinces how great an authority containing fourteen complaints against him, you bestow upon your own opinions. ... I and signed by David Lloyd. They cannot cannot agree, that when a Judge is once be given in full here, nor can Logan's four appointed it shall be out of the Govrs. teen answers; but a few extracts from the power to remove him. . . . You have latter help the picture of prevailing storm. pleaded a Statute of England for the Presi "1st. I suppose this article hath only refer dent [precedent]. . . . The first part which ence to ye following, otherwise I understand noth makes the Tenour of their Commissions to ing of it. be Dum se bene gesscrint, were our circum "2dly. This is ridiculous. . . . stances the same in ye point with the Judges j "3dly. This is answered in the next preced of England, might the more easily be granted ing. . . . "4thly. D. Lid. is against patents, and would here." This message, more of which shall be given, is abbreviated with reluctance; for have all grants ... to be drawn by such as the