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Subject: [GM-L] History of the Town of Concord, Mass. Ch. VI - Part 5 - p. 84
Date: Mon, 9 Sep 2002 17:50:44 EDT
Subject: Chapter VI - Part 5 - p.84 American Revolution
Source: History of the Town of Concord, Mass. by Lemuel
Shattuck 1835.
Part 5
Concord, Mass.
American Revolution
p.84
"5. That the late act of Parliament, entitled "an Act for
better regulating the government of the province of
Massachusetts Bay," expressly acknowledges the authority
of the charter granted by their Majesties, King William
and Queen Mary, to said province; and that the only reasons
suggested in the preamble to said act, which is intended to
deprive us of the priveleges confirmed to us by said charter
are the inexpediency of continuing those privileges, and a
charge of their having been forfeited, to which charge the
the province has had no opportunity of answering.
"6. That a debtor may as justly refuse to pay his debts, be-
cause it is inexpedient for him, as the Parliament of Great
Britain deprive us of our charter privileges, because it is
inexpedient to a corrupt adminstration for us to enjoy them.
"7. That in all free states there must be an equilibrium in
legislative body, without which constitutional check they
cannot be said to be a free people.
"8. That the late act, which ordains a council to be appoint-
ed by his Majesty, his heirs and successors from time to time,
by warrant under his or their signet or sign manual, and which
ordains that the said counsellors shall hold their offices re-
spectively during the pleasure of his Majesty, effectually alters
the contstitutional equilibrium, renders the council absolute
tools and creatures, and entirely destroys the importance of the
representative body.
"9. That no state can long exist free and happy, where the course
of justice is obstructed; and that when trials by juries, which
are the grand bulwarks of life and property, are destroyed or
weakened, a people fall immediately under arbitrary power.
"10. That the late act, which gives the governor of this province
a power of appointing judges of the superior and inferior courts,
commissioners of oyer and terminer, the attorney general, provosts,
marshalls, and justices of the peace, and to remove all of them,
(the judges of the superior court excepted) without consent of the
council, entirely subverts a free administration of justice; as the
fatal experience of mankind in all ages has testified, that there is
no greater species of corruption, than when judicial and executive
officers depend for their existence and support on a power independ-
ent of the people.
p.85
11. That by ordaining jurors to be summoned by the sheriff only, which
sheriff is to be appointed by the governor without consent of council,
that security which results from a trial by our peers is rendered al-
together precarious; and is not only an evident infraction upon our
charter, but a subversion of our common rights as Englishmen.
To be continued - Ch. VI - Part 6 - p.85
Transcribed by Janice Farnsworth
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