The Writings of Samuel Adams - Volume 2Adams, Samuel
History
The Writings of Samuel Adams - Volume 2
Adams, Samuel
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1809
This day I had the Honor of receiving a Letter signd by yourself and
other Gentlemen of Note in Providence. The Subject is weighty, &
requires more of my Attention than a few Hours, to give you my
digested Sentiments of it; neither have I yet had an Opportunity of
advising with the few among my Acquaintances, whom I would chuse to
consult upon a Matter, which in my Opinion may involve the Fate of
America. This, I intend soon to do; and shall then, I hope, be able
to communicate to you (before the Time you have set shall expire) such
Thoughts, as in your Judgment, may perhaps be wise and salutary on so
pressing an Occasion. Thus much however seems to me to be obvious at
first View; that the whole Act of Parliament so far as it relates to
the Colonies, & consequently the Commission which is founded upon it,
is against the first Principles of Government and the English
Constitution, Magna Charta & many other Acts of Parliament,
declaratory of the Rights of the Subject; & therefore the Guardians
of the Rights of the Subject will consider whether it be not their
Duty, so far from giving the least Countenance to the Execution of it,
to declare it, ipso Facto null & Void. This Commission seems to be
substituted in the Room of a Grand Jury, which is one of the greatest
Bulwarks of the Liberty of the Subject; instituted for the very
Purpose of preventing Mischeife being done by false Accusers. By the
Act of Parliament of the 25th of Ed. 3d (in the true Sense of the
Words the best of Kings) it is establishd, that none shall be taken by
Suggestion made to the King or his Council (which seems to me to be
the present Point) unless it be by Indictment or Presentment of good &
lawful People of the same Neighbourhood, where such Deeds be done -
And, "if any thing be done against the same it shall be redressd &
holden for none." But certain Persons proscribd in the Colony of Rhode
Island, are to be taken without such Indictment or Presentment, &
carried away from the Neighborhood where Deeds unlawful are suggested
to the King to have been committed, & there put to answer contrary to
that Law, which even so long ago was held to be the old Law of the
Land. - One Reason given in the Act for taking away that accursed
Court called the Star Chamber was, because all Matters examinable &
determinable before that Court might have their due Punishment and
Correction by the Common Law of the Land and in the ordinary Course of
Justice elsewhere. But here seems to be a stopping of the ordinary
Course of Justice; & by setting up a Court of Enquiry founded upon
a Suggestion of evil Deeds made to the King & of certain Persons
supposd to be concernd therein, Jurisdiction is given to others than
the constituted ordinary Courts of Justice, & in a Way other than the
ordinary Course of the Law, that is, an arbitrary Way to examine &
draw into Question Matters & things which, by the Act for regulating
the privy Council it is declared, that neither his Majesty nor his
Public-domain text, read in full here on John Shaqi.
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