Adams Papers Digital Edition

Legal Papers of John Adams
Volume 2, Cases 31–62

Front Matter

Title Page

Copyright Page

Contents

Descriptive List of Illustrations

Documents

I. Town Government

Pingry v. Thurston1768–1771

1 November 177130 November 1771Lowell. Prov. Law, page 29. If any Dispute shall arise, it shall be determined. A Penalty for permitting a Person to give his Voice who is not a quali...

Patch v. Herrick1771–1772

1 November 177130 November 1771Pynchon. Grant of Ipswich or rather Jurisdiction between the Towns from Glocester Town Book. 1642. And from the Province Secretary. 1767. Perambulatio...

Emmons v. Brewer1772

1 August 177231 August 1772And the Said William Crafts, Giles Brewer, Benjamin Richardson and Asa Stodder, come and defend &c. and as to the Force and Arms, and any Thing that i...

1 August 177231 August 1772Samuel Quincy. Prov. Law. 1st in the Book. Obsolete. Against common right. Not to be done by Legislature. Must be strictly pursued. Not a total desola...

J. Conservation

Wadsworth v. Loring; Winslow v. Clark1766–1768; 1767

1 April 176630 April 1766Paine. Wadsworth, a Commissioner of Duxborough to take Care of the Herring Way. Q. Whether Wadsworth did any Thing to defeat the Condition? Levi Lorin...

1 December 176731 December 1767Hovey. 239. Page. Nusances in Rivers. Natural, usual or common Passage. Wm. Robbins. Knows the Brook. Saw Clark make a Ware with sticks and stones and...

K. Religion

Pierce v. Wright1768–1769

1 November 176730 November 1767To the Sheriff of Our County of Middlesex, his Under-Sheriff or Deputy, Greeting. WE Command you that you summon Samuel Wright of Wilmington in our s...

1 March 176831 March 1768Sewall. Action of slander. Not directly charging Perjury. Things contrary to Truth and contrary to his holy Profession. Dishonorary to God, and Religi...

Green v. Washburn 1769

1 May 176931 May 1769Prov. Law. 16. 33. 386. Temporary Laws. About Certificates for Anabaptist Ministers and People, to be used in the Case following of Worthington. All w...

L. Slavery

Slew v. Whipple1766

1 November 176630 November 1766Jenny Slew of Ipswich in the County of Essex Spinster Plaintiff vs. John Whipple Jnr. of said Ipswich Gentleman, Defendant, in a Plea of Trespass, for...

1 November 176630 November 1766Gridley. Marriage is of the Law of Nations. Justinian extends it, even to the Brutes. The Court adjudgd at Worcester that a Married Woman could not ca...

Newport v. Billing1768

1 September 176830 September 1768Strong. Trespass and false Imprisonment. Plea that Plaintiff is Defendants Property—his Negro Slave. Rep. no slave but a freeman. Bill of Sale 1728. 1...

Margaret v. Muzzy1768–1770

1 May 176831 May 1768To the Sheriff of our County of Middlesex his under-Sheriff or Deputy. Greeting. We Command you that without Delay you forthwith cause to be replevie...

Caesar v. Taylor1771–1772

1 September 177130 September 1771Caesar v. Taylor. Trespass for detention in slavery. Plea non cul. Besides the usual proof of liberty, the plaintiff brot witnesses to prove a contrac...

1 November 177130 November 1771At the Superior Court November the defendant offered to give in Evidence on plea of non Cul his right to Caesar by purchase &c. The Council for Caesar...

1 November 177130 November 1771Taylor v. Caesar. Trespass for enslaving the defendant. Plea non cul. Evidence offered was a bargain between Caesar and Taylor that on payment of £— h...

1 November 177130 November 1771Trespass for enslaving Plaintiff; plea non cul. Plaintiff offered evidence of beating imprisoning and abusing the plaintiff by defendants vendees. As ...

1 June 177230 June 1772On motion to give property in evidence on non cul. ruled that in this case it must not be, ruled by 3 of the Justices. Ropes and Cushing gave no Opini...

1 June 177230 June 1772Mem. examine civil Law, and Villenage, to see what Rules are to govern these Negro Causes. Sergeant. Tim. Fuller. Known Caesar between 20 and 30 years...

Caesar v. Greenleaf1773

1 October 177331 October 1773Trespass for inslaving the plaintiff. Caesar a molatto man (otherwise called Caesar Hendrick) of said Newbury Port labourer in a plea of trespass for ...

M. Admiralty—Civil Jurisdiction

Doane v. Gage1766–1769

1 January 176831 December 1768Grotius B. 2, Chap. 8, §. 2. How long Beasts Birds and Fishes, may be said to be no Body's, admits of some Dispute. §. 3. “The Roman Lawyers say, We l...

1 October 176931 October 1769Silvanus Snow and Amos Knowles. Captains. Have been long acquainted with the Customs of Whaling. If A. strikes a Whale, and B. puts in a 2nd. Iron upo...

1 January 176831 December 17681. Was you on Board a Whale Boat with Asa Nickerson, on or about the 21st. of June 1765, in the Streights of Bellisle, and to what Vessell did said Bo...

1 January 176831 December 1768Interrogatories In the Behalf of Lot Gage and Partners In the Case of Joseph Doane and others against him and Partners. 1st. Was you on a Whaling Voya...

N. Admiralty—Revenue Jurisdiction

Petition of Lechmere(Argument on Writs of Assistance) 1761

24 February 1761Gridley. The Constables distraining for Rates. More inconsistent with English Rights and Liberties than Writts of assistance. And Necessity authorizes...

1 April 176130 April 1761On the second Tuesday of the Court's sitting, appointed by the rule of the Court for argument of special matters, came on the dispute on the petition ...

1 December 176131 December 1761 Know ye that whereas in and by an Act of Parliament made in the fourteenth year of the reign of the late King Charles the second the Officers of ou...

Folger v. Sloop Cornelia1768

1 March 176831 March 1768James Athern Esqr. Joshua Gardiner. Folger has entered and cleared Vessell I am concerned in to and from London. Commonly reputed a Custom House Offic...

1 March 176831 March 1768The Affairs and Transactions of the Customs and Revenue, are very loose. Customs and Duties and subsidies, have from Time to Time been granted by Parl...

2 April 1768Timothy Folger vs. Sloop Cornelia and Eighteen Casks Tea. On this information the Advocate general in behalf of the King intervened. In determining th...

Sewall v. Hancock1768–1769

1 October 176831 March 1769Prov. &c. Before the Honorable Robert Auchmuty Esqr. Be it remembered, that on the 29 day of October in the Ninth Year of the Reign of his Majesty Geo...

Dowse v. Thirty-three Hogsheads of Molasses1768–1769

1 October 176831 March 1769Be it remembered that on the 26 October 1768 Joseph Dowse of Salem in the County of Essex Esqr., Surveyor and Searcher for the Port of Salem and Marbl...

Sheaffe v. The Triton1768

24 October 1768This day the brig Tryton, owned by Mr. D——s, a merchant of this town, was seized by order of the Board of Customs, on supposition it is said, that she...

27 October 1768Read a Letter of the 25 Instant from the Collector and Comptroller of Boston. Ordered that the Solicitor do attend the Advocate General, and give him ...

29 October 1768Wm. Sheaffe, Esqr., Dy. Collector &c. vs. Brigt. Triton. Sewal His Honor the Judge gave his Decree as on file. ...

1 November 176830 November 1768Otis. 15. C. 2, c7, §. 8. ...

Dowse v. Nineteen Casks of Molasses1768

1 November 176830 November 1768For that the same Molasses on 19 Aug. last, was imported and brought into the Port of Salem and Marblehead, from the Island of Guadaloupe, in a certai...

Butler v. The Union1769

1 July 176931 July 176914. Car. 2d, c. 11, §.15. Seizures confined to Officers of his Majestys Customs, for the Time being. 7. & 8. W. 3, c. 22, §. 6. Officers in America th...

Dawson v. The Dolphin1772–1773

1 February 177328 February 1773This Vessell was seized merely for the omission of an Indorsement upon her Register. 7. & 8. W. 3d, c. 22. An Act for preventing Frauds and regulating...

2 March 1773This Libel is bottomed on the Act of the 7. & 8. Will. 3 Cap. 22. Those parts therefore of the Act, which relates to the present case must be thorough...

Dawson v. The Jenny1773

1 April 177330 April 1773Blowers. Libel, claim, 15 Car. 2, c. 7, §.6. Hillman, and Cato. Certificates. Goods claimed, taken in at Tangier. Captn. Brace. Hides cured in the Hai...

Ross' Case1774

1 June 177431 July 1774Leonard. Port Bill, Lex Talionis. Punishment of Boston the main Object. There is an Exception where by the Act of God, there is an Impossibility of ge...

O. Admiralty—White Pine Acts Jurisdiction

Surveyor General v. Logs1769

13 April 1769Dear Sir The inclosd Informations were preparing by Mr. Claggett, and under Consideration of Mr. Parker the Deputy Judge of Admiralty, when he receiv...

20 April 1769 John Wentworth Esqr. Surveyor General of all and singular his Majestys Woods on the Continent of North America shews that on the Twenty fourth day of...

10 April 1769Sir Inclosed are informations against sundry Tresspassers upon the King's woods, in the (late called) Province of Main. Which I request you will imme...

24 April 1769Sir I have prepared Eight Libells, and shall compleat the rest immediately. Those I mean whose Additions and Abodes are made known to me. The others ...

Surveyor General v. Logs, Kennebec Company, Claimant1772–1773

1 March 177331 March 17731. Whether King James's Letters patent to Lodowick Duke Lenox and others, are allowed to be good and sufficient to vest the lands thereby granted in t...

8 March 1773Claim and Demurrer—which admits all in the Claim. Mr. Otis. In Event, as important a Cause as ever was decided in America. The Navy, an important Obje...

1 March 177331 March 1773Prov. Charter. Last Clause. “We do hereby reserve to Us, our Heirs and Successors, all Trees of the Diameter of 24 Inches and upwards of 12 Inches fro...

P. Admiralty—Criminal Jurisdiction

Rex v. Corbet1769

1 May 176931 May 176928. H. 8, c. 15. For Pirates. The Statute on which this Court is founded is 11th. & 12th. Wm. 3rd, C. 7. An Act for the more effectual suppression of ...

1 May 176931 May 176928th. Hen. 8th. c. 15. “For Pirates.” Where Traytors, Pirates, Thieves, Robbers, Murtherers, and Confederates upon the Sea, many times escaped unpunis...

1 May 176931 May 1769 Humbly shews Michael Corbit of Marblehead in the County of Essex, Mariner that this Hon'ble Court ought not to take Cognizance of the Matters and Thi...

1 May 176931 May 1769And the said Ezekiel Price says, that he to the said plea of the said John Ryan above pleaded to the Jurisdiction of this honorable Court, has no nece...

1 June 176930 June 1769Mr. Fitch. About the Time of the Blow—the 2d Pistol was fired. Commission from Commissioners. Instructions. Witnesses. Peter Bowen. I have seen all th...

1 June 176930 June 1769But, the first Question that is to be made, according to my Opinion, is, whether Impresses in any Cases, are legal? For if Impresses are always illega...

Rex v. Nickerson1772–1773

1 July 177331 July 1773Woods. Inst. 675, middle. “The Confession of the Defendant to private Persons, or to a Magistrate, out of Court, is allowed to be given in Evidence ag...

3 August 17734 August 1773Fitch. Not charged with Murder. But as the Killing constitutes Pyracy. 11. & 12. W, c. 7, §9. Petit Treason at common Law. 25. Ed. 3. defined Treason....

4 August 17735 August 1773Information. By what Rule is Prisoner to be tryed? Answer by the civil Law. Statute 28. H. 8, c. 15. 11. & 12. W. 3, c. 7. 4. G, c. 11, §. 7. then Fos...

Q. Admiralty—Prize Jurisdiction

Penhallow v. The Lusanna1777–1795

6 December 1777Sir Coll. Doane informs me, that he hath engaged you, in the Cause of his Brigantine, and his property found in her, at the time of her Capture; And ...

16 December 1777Mr. Sewall. 3 Causes sett forth. Resolve of Congress, 25 Novr. 1775. March 23d. 1776. Law of N. Hampshire, principally relyd on. In June 1776. Septr....

16 December 1777The Libel sets forth three Facts as Causes of Condemnation viz. 1st. That the Property of Brig and Cargo belonged to some Inhabitant or Inhabitants of...

R. Criminal Law

Rex v. Richardson1770–1772

1 April 177030 April 17701st. To open the Defence with a proper Address to the Jury to remove all popular Prejudices and Passions and engage them to make a fair, candid and im...

1 April 177030 April 1770S. Quincy. Wm. Gray, day before Some mention of Effigies. R said he hoped if these was before Importers Doors there be a Dust beat up, wish'd the 14. ...

1 September 177030 September 1770Motion for new Trial. Deming. Foreman. Mr. Lothrop was satisfied as to Fact, but not Law. Mr. Clap not so fully satisfied as to Law. I told him the Co...

Rex v. Ross1769–1770

1 December 176931 December 1769Peter Barber. I had a Warrant from Justice Quincy. Justice fined Riley 5s. I saw 15 or 20 Men all with their drawn swords. Lt. Ross came in. Mr. Quinc...

Rex v. Moyse and Reader1769

1 May 176931 May 1769Mr. Carnes. Simpson. Clark. Of Mrs. Thorntons, I bought them, one Pair. Wm. Simpson. I bought another Pair of Mrs. Thornton. Mrs. Hunt. I sold a Pair ...

Rex v. Bell1773

25 February 1773Sewall, Attorney General. One of the highest Crimes, agravated as it was his Wife. Inquisition. Nancy Patterson. Lives in another Street, not so far a...

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