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To his Excellency Thomas Hutchinson Esqr. the Honorable his Majesty’s Council and the honble. House of Representatives in General Court assembled February A.D. 1773. The Petition of Josiah Quincy John Adams and Joseph Palmer in Behalf of themselves and the North Precinct in Braintree. Humbly sheweth. That there is a certain Tract of Land in the Town of Dorchester lying on the south side of...
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...
We are now upon the commissions of our own Judges, and we ought to examine well the tenure by which they are holden. It may be depended on, that all the commissions of Judges throughout America, are without the words quam diu se bene gesserint in them; and consequently, that this horrid fragment of the feudal despotism, hangs over the heads of the best of them to this hour. If this is the...
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...
Sewall, Attorney General. One of the highest Crimes, agravated as it was his Wife. Inquisition. Nancy Patterson. Lives in another Street, not so far as the Markett. Went to Bells House. He was in a great Passion with his Wife. She was bloody. He had a Child in his Arms, bloody. Cant tell the Time— whether it was a fortnight or 3 Weeks before she died. Her Eye was swelled so that she could not...
Prov. Charter. Last Clause. “We do hereby reserve to Us, our Heirs and Successors, all Trees of the Diameter of 24 Inches and upwards of 12 Inches from the Ground, growing upon any Soil or Tract of Land within our said Province or Territory, not heretofore granted to any private Persons.” The Old Charter of Mass. Bay, was a Grant to private Persons. “Growing” when? At the date of the Charter?...
In your Speech at the Opening of the present Session, your Excellency express’d your Displeasure at some late Proceedings of the Town of Boston , and other principal Towns in the Province. And in another Speech to both Houses we have your repeated Ex­ ceptions at the same Proceedings as being “unwarrantable,” and of a dangerous Nature and Tendency; “against which you thought yourself bound to...
988[March 1773] (Adams Papers)
The two last Months have slided away. I have written a tedious Examination of Brattle’s absurdities. The Governor and General Court, has been engaged for two Months upon the greatest Question ever yet agitated. I stand amazed at the Governor, for forcing on this Controversy. He will not be thanked for this. His Ruin and Destruction must spring out of it, either from the Ministry and Parliament...
9891773 March 4th. Thurdsday. (Adams Papers)
The two last Months have slided away. I have written a tedious Examination of Brattle’s absurdities. The Governor and General Court, has been engaged for two Months upon the greatest Question ever yet agitated. I stand amazed at the Governor, for forcing on this Controversy. He will not be thanked for this. His Ruin and Destruction must spring out of it, either from the Ministry and Parliament...
9901773. March 5th. Fryday. (Adams Papers)
Heard an Oration, at Mr. Hunts Meeting House, by Dr. Benja. Church, in Commemoration of the Massacre in Kings Street, 3 Years ago. That large Church was filled and crouded in every Pew, Seat, Alley, and Gallery, by an Audience of several Thousands of People of all Ages and Characters and of both Sexes. I have Reason to remember that fatal Night. The Part I took in Defence of Captn. Preston and...
Claim and Demurrer—which admits all in the Claim. Mr. Otis. In Event, as important a Cause as ever was decided in America. The Navy, an important Object, without offence to any Sect or Party. Charter. Reservation in it. We hold all we have under this Charter. No Gentleman will dispute the Validity of this Reservation. A great deal of Talk and Scribbling about mutual Compact. Should as soon...
9921773. March 22d. Monday. (Adams Papers)
This Afternoon received a Collection of Seventeen Letters, written from this Prov ince , Rhode Island, Connecticutt and N. York, by Hut chinson , Oli ver , Moff at , Paxt on , and Rome, in the Years 1767, 8, 9. They came from England under such Injunctions of Secrecy, as to the Person to whom they were written, by whom and to whom they are sent here, and as to the Contents of them, no Copies...
8 Mod. page 115, 16. Hardwick’s Cases. Gilbert’s Hist. of Common Pleas. Dana. Gershorn Fletcher . 55 Years, Prescott the Grandfather of Plaintiffs, have possessed it, and Plaintiffs since and knew they possessed the Grist mill and fulling Mill, Keep in Possession of the Forge where the Saw mill was . David Goodhue . Priest 30 Jany. 1771. took lever out of Prescotts Gate, and tossed it into the...
Blowers. Libel, claim, 15 Car. 2, c. 7, §.6. Hillman, and Cato. Certificates. Goods claimed, taken in at Tangier. Captn. Brace. Hides cured in the Hair with salt. Brooke and Guthrie. Fez, Morocco. Downes’s Manifest. Mr. Otis. Reads Libel, Claim, and Answer. 15 C ar. 2, c. 7, §. 6. 4. G. 3, c. 15. page 291. No Vessell shall be cleard out in England unless the whole Cargo was shipped in England...
995[April 1773] (Adams Papers)
At Charlestown. What shall I write?—say?—do? Sterility, Vacuity, Barrenness of Thought, and Reflection. What News shall we hear? I have communicated to Mr. Norton Quincy, and to Mr. Wibird the important Secret. They are as much affected, by it, as any others. Bone of our Bone, born and educated among us! Mr. Hancock is deeply affected, is determined in Conjunction with Majr. Hawley to watch...
9961773. April 7th: Wednesday. (Adams Papers)
At Charlestown. What shall I write?—say?—do? Sterility, Vacuity, Barrenness of Thought, and Reflection. What News shall we hear?
9971773 April 24th. Saturday. (Adams Papers)
I have communicated to Mr. Norton Quincy, and to Mr. Wibird the important Secret. They are as much affected, by it, as any others. Bone of our Bone, born and educated among us! Mr. Hancock is deeply affected, is determined in Conjunction with Majr. Hawley to watch the vile Serpent, and his deputy Serpent Brattle. The Subtilty, of this Serpent, is equal to that of the old one. Aunt is let into...
9981773. Ap. 25. Sunday. (Adams Papers)
Heard Dr. Chauncy in the Morning and Dr. Cooper this Afternoon. Dr. Cooper was up on Rev. 12.9. And the great Dragon was cast out, that old Serpent called the Devil and Satan, which deceiveth the whole World: he was cast out into the Earth and his Angells were cast out with him. Q uery . Whether the Dr. had not some political Allusions in the Choice of this Text.
Boston, ante 5 May 1773. MS ( MB ). John Adams was among the 52 signers who sought to have Pleasant Street “Accepted of and recorded as a Town street as is Usual.” The petition was approved by the Boston town meeting on 5 May 1773 ( Boston Record Commissioners, 18th Report City of Boston, Record Commissioners, Reports , Boston, 1876–1909; 39 vols. , p. 134). Pleasant Street ran south and...
1000[May 1773] (Adams Papers)
Tomorrow is our General Election. The Plotts, Plans, Schemes, and Machinations of this Evening and Night, will be very numerous. By the Number of Ministerial, Governmental People returned, and by the Secrecy of the Friends of Liberty, relating to the grand discovery of the compleat Evidence of the whole Mystery of Iniquity, I much fear the Elections will go unhappily. For myself, I own I...
Tomorrow is our General Election. The Plotts, Plans, Schemes, and Machinations of this Evening and Night, will be very numerous. By the Number of Ministerial, Governmental People returned, and by the Secrecy of the Friends of Liberty, relating to the grand discovery of the compleat Evidence of the whole Mystery of Iniquity, I much fear the Elections will go unhappily. For myself, I own I...
1002[June 1773] (Adams Papers)
Parson Turners Sermon, the spirited Election, Parson Haywards Artillery sermon, the 17 Letters, Dr. Shipleys sermon, the Bp. of St. Asaph, before the Society for propagating the Gospell, discover the Times to be altered. But how long will the Tides continue to set this Way?
10031773 June 8th. (Adams Papers)
Parson Turners Sermon, the spirited Election, Parson Haywards Artillery sermon, the 17 Letters, Dr. Shipleys sermon, the Bp. of St. Asaph, before the Society for propagating the Gospell, discover the Times to be altered. But how long will the Tides continue to set this Way?
Woods. Inst. 675, middle. “The Confession of the Defendant to private Persons, or to a Magistrate, out of Court, is allowed to be given in Evidence against the Party confessing; but this Confession cannot be made use of against any other. But where a Man’s Confession is made use of against him, it ought to be taken alltogether, and with that part which makes for him as well as with that which...
1005[July 1773] (Adams Papers)
Drank Tea at Dr. Coopers with Mr. Adams, Mr. S. Elliot, Mr. T. Chase, and with Mr. Miffling Mifflin , of Phyladelphia, and a French Gentleman. Mr. Miffling is a Grandson, his Mother was the Daughter, of Mr. Bagnall of this Town, who was buried the day before Yesterday. Mr. Miffling is a Representative of the City of Phyladelphia—a very sensible and agreable Man. Their Accademy emits from 9 to...
10061773 July 16. (Adams Papers)
Drank Tea at Dr. Coopers with Mr. Adams, Mr. S. Elliot, Mr. T. Chase, and with Mr. Miffling Mifflin , of Phyladelphia, and a French Gentleman. Mr. Miffling is a Grandson, his Mother was the Daughter, of Mr. Bagnall of this Town, who was buried the day before Yesterday. Mr. Miffling is a Representative of the City of Phyladelphia—a very sensible and agreable Man. Their Accademy emits from 9 to...
10071773. July 16. Fryday. (Adams Papers)
Mr. F. Dana came to me with a Message from Mr. Henry Merchant Marchant of Rhode Island—And to ask my Opinion, concerning the Measures they are about to take with Rome’s and Moffats Letters. They want the originals that they may be prosecuted as Libells, by their Attorney General, and Grand Jury. I told him, I thought they could not proceed without the originals, nor with them if there was any...
You will hear from Us with Astonishment. You ought to hear from Us with Horror. You are chargeable before God and Man, with our Blood.—The Soldiers were but passive Instruments, were Machines, neither moral nor voluntary Agents in our Destruction more than the leaden Pelletts, with which we were wounded.—You was a free Agent. You acted, coolly, deliberately, with all that premeditated Malice,...
Boston, 19 or 26 July 1773. Printed: JA, Diary and Autobiography Diary and Autobiography of John Adams , ed. L. H. Butterfield and others, Cambridge, 1961; 4 vols. , 2:84–85 . Unpublished newspaper contribution. Printed ( JA, Diary and Autobiography Diary and Autobiography of John Adams , ed. L. H. Butterfield and others, Cambridge, 1961; 4 vols. , 2:84–85 ).
Fitch. Not charged with Murder. But as the Killing constitutes Pyracy. 11. & 12. W, c. 7, §9. Petit Treason at common Law. 25. Ed. 3. defined Treason. Confining the Master, and taking Vessel into Possession and robbing him is Pyracy. Evidence presumptive. No Witnesses who saw the Transaction. 1. Domat. 413. T. 6. That a Proof which convinces the Mind. 414. Signs, Tokens, Conjectures, and...