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    • Adams, John
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It has been said already, that the common law of England has not determined the judges to have an estate for life in their offices provided they behaved well. The authorities of Lord Coke and Lord Holt have been produced, relative to the judges of the King’s bench. And indeed authorities, still more ancient than Coke might have been adduced. For example, the learned Chancellor Fortescue, in...
Another observation which occurred to me upon reading General Brattle’s first publication, was upon these words, “That by the charter and common law of England, there is no necessity of having any commission at all; a nomination and appointment are the words of the charter, a commission for them not so much as mentioned in it. Their commission is only declarative of their nomination and...
Two or three anecdotes, were omitted in my last, for want of room, which may be here inserted, in order to shew that General Brattle’s “rule of the common law of England” originated in the reign of King Charles the first. I say originated, because the example of Hubert de Burgo, is so ancient and so uncertain, that it is even doubted by Baron Gilbert, whether he was ever chief justiciary or...
THUS accomplished were many of the first Planters of these Colonies. It may be thought polite and fashionable, by many modern fine Gentlemen perhaps, to deride the Characters of these Persons, as enthusiastical, superstitious and republican: But such ridicule is founded in nothing but foppery and affectation, and is grosly injurious and false. Religious to some degree of enthusiasm it may be...
In all General Brattle’s researches hitherto, aided and assisted as he has been by mine, we have not been able to discover, either that the judges at common law had their commissions quam diu se bene gesserint, or for life, or that the crown had authority to grant them in that manner. Let us now examine and see, whether estates for life, determinable only on misbehaviour or the demise of the...
After the repeal of the late American Stamp Act, we were happy in the pleasing prospect of a restoration of that tranquility and unanimity among ourselves, and that harmony and affection between our parent country and us, which had generally subsisted before that detestable Act. But with the utmost grief and concern, we find that we flatter’d ourselves too soon, and that the root of bitterness...
Boston, 4 April 1769. MS not found. Printed Boston Gazette , 24 July 1769. At the town meeting of 13 March, the selectmen reported the “steps” they had taken “for vindicating the Character of the Inhabitants” against the charges which had led to Boston’s quasi-occupation by royal forces. The town then appointed a special committee to “consider what may be still necessary to be done for...
WE have been afraid to think. We have felt a reluctance to examining into the grounds of our privileges, and the extent in which we have an indisputable right to demand them against all the power and authority, on earth. And many who have not scrupled to examine for themselves, have yet for certain prudent reasons been cautious, and diffident of declaring the result of their enquiries. The...
Seeing a Piece in the New Hampshire Gazette of last Friday, mentioning the Composition that was made by Mr. Cockle and the G––––r some Time ago, it occur’d to me to enquire what was be­ come of the Money compounded for by them, for the Duties on those Cargoes of Molasses; I have heard that the G––––r received his third Part last September was twelve Months, that Mr. Cockle received his before...
GENERAL BRATTLE, by his rank, station and character, is intituled to politeness and respect, even when he condescends to harrangue in town-meeting, or to write in a news-paper: But the same causes require that his sentiments when erroneous and of dangerous tendency, should be considered, with entire freedom, and the examination be made as public, as the error. He cannot therefore take offence...