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
At the same time, by an order of parliament that the names of persons
giving intelligence to the ministry which may at any time be laid
before parliament, shall be made secret even to the members
themselves, the greatest encouragement is given to persons inimical to
the province, to send home false relations of speeches and proceedings
in public assemblies, and elsewhere, containing injurious charges upon
individuals as well as publick bodies: Some of which have been
transmitted home under the seal of the province, without the least
notice given to those individuals, or any but the few in the secret to
attend and cross-examine such witnesses. Thus even parliament itself
may be misled into measures highly injurious and destructive to the
province, by the calumny and detraction of those who are not and
cannot be known, and whose falsehoods cannot therefore be
detected.--So wretched is the state of this province, not only to be
subjected to absolute instructions, given to the governor to be the
rule of his administration, whereby some of the most essential clauses
of our charter, vesting in him powers to be exercis'd for the good of
the people are totally rescinded, which in reality is a state of
despotism; but also, to a standing army, which being uncontroul'd by
any authority within the province, must soon tear up the very,
foundations of civil government.
Moreover we have the highest reason to complain that since the late
parliamentary regulations of the colonies, the jurisdiction of the
court of admiralty has been extended to so enormous a length, as
itself to threaten the very being of the constitution: By the statute
4th Geo. 3 chap. 15, "All forfeitures and penalties inflicted by this
or any other act of parliament relating to the trade and plantations
in America which shall be incur'd there, may be prosecuted, sued for
and recovered in any court of admiralty in the said colonies." Thus a
single judge, independent of the people, and in a civil law court, is
to try these extraordinary forfeitures and penalties without a jury:
Whereas the same stature provides, that all penalties and forfeitures
which shall be incurred in Great Britain, shall be prosecuted, sued
for and recovered in any of his Majesty's courts of record, in
Westminster or in the court of exchequer in Scotland respectively.
Here is the most unreasonble and unjust distinction, made between the
subjects in Britain and America; as tho' it were designed to exclude
us from the least share in that clause of Magna-Charta, which has for
many centuries been the noblest bulwark of the English liberties, &
which cannot be too often repeated; "No freeman shall be taken or
imprison'd or disseiz'd of his freehold, or liberties, or free
customs, or be outlaw'd, or exil'd, or any otherwise destroyed, nor
will we pass upon him nor condemn him, but by the judgment of his
peers or the law of the land."
Public-domain text, read in full here on John Shaqi.
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