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
The unhappy sufferers, for ought that has ever appeared, were in
the peace of God and the King; let their memories then, so far at
least as respects this matter, remain unreproach'd. It appeared by
the evidence in court, that all the prisoners were present in king
street; that they all discharg'd their musquets but one, and his
flush'd in the pan; and that the deceas'd were all kill'd by
musquet balls. Six of the prisoners were acquitted by the jury,
and two were found guilty of manslaughter. In ordinary cases, the
publick ought to rest satisfied, with the verdict of a jury; a
method of trial, which an Englishman glories in as his greatest
security: It is a method peculiar to the English; and as a great
writer observes, has been a probable means of their having
supported their liberties thro' so many ages past: Among the most
substantial advantages arising from trials by juries, there is
this incidental one, in this province especially; that by our
laws, no man being oblig'd to serve as a juryman more than once in
three years, it falls upon the freemen as it were by rotation; by
this means, the people in general are in their turns called to
that important trust; by attending in courts of law and justice,
it is to be presum'd that their minds are there impress'd with a
sense of justice; and that they gain that general idea of right or
law, which it is necessary that all men in a free country should
have. "It is an admirable institution, by which every citizen may
be plac'd in a situation, that enables him to contribute to the
great end of society, the distributing justice; and it every where
diffuses a spirit of true patriotism, which is zealously employed
for the publick welfare." I am not about to arraign the late
jurors before the bar of the publick: They are accountable to God
and their own consciences, and in their day of trial, may God send
them good deliverance. But in times when politicks run high, we
find by the experience of past ages, it is difficult to ascertain
the truth even in a court of law: At such times, witnesses will
appear to contradict each other in the most essential points of
fact; and a cool conscientious spectator is apt to shudder for
fear of perjury: If the jurors are strangers to the characters of
the several witnesses, it may be too late for them to make the
enquiry, when they are upon their seats: The credibility of a
witness perhaps cannot be impeac'd in court, unless he has been
convicted of perjury: But an immoral man, for instance one who
will commonly prophane the name of his maker, certainly cannot be
esteemed of equal credit by a jury, with one who fears to take
that sacred name in vain: It is impossible he should in the mind
of any man: Therefore, when witnesses substantially differ in
their relation of the same facts, unless the jury are acquainted
with their different characters, they must be left to meer chance
to determine which to believe; the consequence of which, may be
Public-domain text, read in full here on John Shaqi.
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