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Cambridge,10 December 1774. printed : Mass. Provincial Congress, Jours. William Lincoln, ed., The Journals of Each Provincial Congress of Massachusetts in 1774 and 1775, and of the Committee of Safety , Boston, 1838. , p. 69–72. Prepared by a committee appointed 12 October, originally composed of fifteen members: John Hancock, Joseph Hawley, Joseph Warren, Samuel Dexter, Artemas Ward, James...
Cambridge,10 December 1774. printed : Mass. Provincial Congress, Jours. William Lincoln, ed., The Journals of Each Provincial Congress of Massachusetts in 1774 and 1775, and of the Committee of Safety , Boston, 1838. , p. 73–74. This, the second report on this date of the Committee on the State of the Province, was framed in the form of three resolutions: that the adjournment on 29 October had...
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...
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...
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...
One Thing at one Time . De Witt. The question is, in the present state of the controversy, according to my apprehension of it, whether, by the common law of England, the judges of the King’s bench and common bench, had estates for life, in their offices, determinable on misbehaviour, and determinable also on the demise of the crown? General Brattle still thinks they had, I, cannot yet find...
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...
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...
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...
You have, once more received, the highest Testimony of the Confidence and Affection of your Constituents, which the Constitution has impowered them to exhibit; the Trust of representing them in the great and general Court or Assembly of this Province. This important Trust is committed to you, at a time when your Country demands the Exertion of all your Wisdom Fortitude and Virtue; and...
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...
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...
Not many Years ago, were transmitted to the Public, thro’ the Channel of the Boston-Gazette, a few desultory Essays, on the Spirit of the Canon and Feudal Law: in some of which were expressed Apprehensions of the future Mischiefs, that might be caused in America by the Efforts and Exertions of those expiring and detested systems. That those apprehensions were too well founded, Time has,...
If we go back as far as the reign of Elizabeth, we find her, on one occasion, infringing on this priviledge, of the Commons, of judging solely, of their own elections and returns. This attempt was however so warmly resented by the Commons, that they instantly voted “That it was a most perilous precedent, when two knights of a county were duly elected, if any new writ should issue out, for a...
You have my promise of another letter, concerning the maxims, arts, and positions of Philanthrop; whose performances of the last week I shall proceed to consider, without any formal apology for departing from the plan I proposed at first. The art employed by this writer, in the introduction to his account of the Concord anecdote, is worth observation; before we undertake an examination of the...
Please to insert the following. We have often congratulated each other, with high satisfaction, on the glory we secured in both worlds, by our favourite enterprize of planting America. We were Englishmen. We were citizens of the world. We were christians. The history of nations and of mankind was familiar to us; and we considered the species chiefly in relation to the system of great nature,...
I Did flatter myself, as I had got so much Credit by my Writings upon Hemp, and Stamp-Act, &c. &c. that the learned Phylanthrop would just have taken some small Notice of me. * I have enquired about the Reason why he did not. Some tell me, the poor Man’s Council is always despised by the great and larned. Some say that it would be below the Dignity of Government, to take Notice of such a Man...
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...
You are pleased to charge the Colonists with ignorance of the British constitution—But let me tell you there is not even a Son of Liberty among them who has not manifested a deeper knowledge of it, and a warmer attachment to it, than appears in any of your late writings. They know the true constitution and all the resources of liberty in it, as well as in the law of nature which is one...
You and I have changed Sides. As I told you in my last, I can account for your Tergiversation, only on the Supposition of the Insincerity, Baseness and Depravity of your Heart. For my own Part, as the Change in me is not so great, neither is it so unaccountable. My Education was, in the Law, the Grounds of which were so riveted in me, that no Temptation could induce me, knowingly, to swerve...
The revolution which one century has produced in your opinions and principles, is not quite so surprizing to me, as it seems to be to many others. You know, very well, I had always a jealousy, that your humanity was counterfeited, your ardor for liberty canker’d with simulation, and your integrity problematical at least. I confess however, that so sudden a transition from licentiousness to...
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...
I Han’t rit nothing to be printed a great while: but I can’t sleep a nights, one wink hardly, of late. I hear so much talk about the stamp act and the governor’s speech, that it seems as if ’twould make me crazy. The governor has painted a dreadful picture of the times after the first of November—I hate the thoughts of the first of November. I hope twill be a great storm, and black and gloomy...
TO have holden their lands, allodially, or for every man to have been the sovereign lord and proprietor of the ground he occupied, would have constituted a government, too nearly like a commonwealth. They were contented therefore to hold their lands of their King, as their sovereign Lord, and to him they were willing to render homage: but to no mesne and subordinate Lords, nor were they...
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...
“IGNORANCE and inconsideration are the two great causes of the ruin of mankind.” This is an observation of Dr. Tillotson , with relation to the interest of his fellow-men, in a future and immortal state: But it is of equal truth and importance, if applied to the happiness of men in society, on this side the grave. In the earliest ages of the world, absolute monarchy seems to have been the...
It seems to be necessary for me, (notwithstanding the declaration in my last) once more to digress from the road of Agriculture and Mechanic Arts; and to enter the list of disputation with a Brace of writers in the Evening Post, one of whom has subscribed himself, X , and the other, W. —I shall agree with the first of these Gentlemen, that “to preach up non resistance , with the zeal of a...
My worthy and ingenious friend, Mr. J , having strutted and foamed his hour upon the stage and acquired as well as deserved a good reputation as a man of sense and learning, some time since made his exit, and now is heard no more. Soon after Mr. Js departure, your present correspondent made his appearance; but has not yet executed his intended plan.—Mr. J inlisted himself under the banners of...
Man , is distinguished from other Animals, his Fellow-Inhabitants of this Planet, by a Capacity of acquiring Knowledge and Civility, more than by any Excellency, corporeal, or mental, with which, mere Nature, has furnished his Species.—His erect Figure, and sublime Countenance, would give him but little Elevation above the Bear, or the Tyger: nay, notwithstanding those Advantages, he would...
Among the Votaries of Science, and the numerous Competitors for literary Fame, Choice and Judgment, about the Utility of their Studies, and the Interest of the human Race, have been remarkably neglected. Mathematicians have exerted, an obstinate Industry, and the utmost Subtilty of Wit, in demonstrating, little Niceties, among the Relations of Lines and Numbers, of Surfaces and Solids; and in...