TO DARIUS SESSIONS.1
[Ms., Samuel Adams Papers, Lenox Library.]
BOSTON Decr 28 1772
SIR
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 privy Council have or ought to have any Jurisdiction Power or Authority to do. In short, this Measure appears to me to be repugnant to the first Principles of natural Justice. The interrested Servants of the Crown, and some of them pensiond, perhaps byassd & corrupted being the constituted Judges, whether this or that Subject shall be put to answer for a supposd Offence against the Crown, & that in a distant Country, to their great Detriment & Danger of Life & Fortune, even if their Innocence shd be made to appear. What Man is safe from the malicious Prosecution of such Persons, unless it be the cringing Sycophant, and even he holds his Life and Property at their Mercy. It should awaken the American Colonies, which have been too long dozing upon the Brink of Ruin. It should again unite them in one Band. Had that Union which once happily subsisted been preservd, the Conspirators against our Common Rights would never have venturd such bold Attempts. It has ever been my Opinion, that an Attack upon the Liberties of one Colony is an Attack upon the Liberties of all; and therefore in this Instance all should be ready to yield Assistance to Rhode Island. But an Answer to the most material Part of your Letter must be referd, for the Reasons I have given, to another Opportunity. In the mean time I am with due Regards to the Gentlemen who have honord me with their Letter
Your assured Friend & very hbl Servt
1 Of Providence, R. I. Under date of December 25, 1772, Deputy Governor Sessions, Chief Justice Stephen Hopkins, John Cole, and Moses Brown had written to Adams with reference to the Gaspee affair and to Lord Dartmouth's letter to the Governor of Rhode Island of September 4, 1772. A copy is in S. A. Wells, Samuel Adams and the American Revolution, vol. i., pp. 363-365. A copy of a letter, under date of February 15, 1773, from Sessions, Hopkins, Cole, and Brown to Adams, acknowledging the receipt of three letters from Adams in response to their letter of December 25, 1772, is in ibid., pp. 370, 371. In this letter to Adams his correspondents comment as follows: "At or about the time we wrote you, we transmitted copies of the same to several gentlemen in North America, from the most of whom we have received answers, agreeing nearly in sentiments, with those you were pleased to communicate to us though no one has entered into a disquisition of the subject so fully and satisfactorily as you have." The original letter is also in the Lenox Library.