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B. F. The King's, my Lord.

L. H. No such matter. He is one of the corporation by the province charter. No agent can be appointed but by an act, nor any act pass without his assent. Besides, this proceeding is directly contrary to express instructions.

B. F. I did not know there had been such instructions. I am not concerned in any offence against them, and

L. H. Yes, your offering such a paper to be entered is an offence against them. (Folding it up again without having read a word of it.) No such appointment shall be entered. When I came into the administration of American affairs, I found them in great disorder. By my firmness they are now something mended; and, while I have the honor to hold the seals, I shall continue the same conduct, the same firmness. I think my duty to the master I serve, and to the government of this nation, requires it of me. If that conduct is not approved, they may take my office from me when they please. I shall make them a bow, and thank them; I shall resign with pleasure. That gentleman knows it, (pointing to Mr. Pownall,) but, while I continue in it, I shall resolutely persevere in the same FIRMNESS. (Spoken with great warmth, and turning pale in his discourse, as if he was angry at something or somebody besides the agent, and of more consequence to himself.)

B. F. (Reaching out his hand for the paper, which his Lordship returned to him.) I beg your Lordship's pardon for taking up so much of your time. It is, I believe, of no great importance whether the appointment is acknowledged or not, for I have not the least conception that an agent can at present be of any use to any of the colonies. I shall therefore give your Lordship no further trouble. (Withdrew.) Benjamin Franklin, Works (edited by Jared Sparks, Boston, 1838), VIL 508-512.

CHAPTER X-COLONIAL COURTS

69. How Juries were Summoned (1710)

BY "A SWISS GENTLEMAN "

The author of this piece was a Swiss, who went out to America in behalf of a land scheme. Other colonies had substantially the same jury system. Bibliography: Channing and Hart, Guide, §§ 146, 147; B. V. Abbott, Judge and Jury.

'HO' it is Commendation sufficient for our Laws, to say they are as nigh to those of England, as conveniently may be, yet we have in several things refin'd upon the English Laws. For instance: The Jurors are not here returned by the Sheriffs, but the Names of all the best qualified Persons in the Country are agreed upon and settled by Act of Assembly, and put together into a Ballot-Box. At the End of every Court this is set upon the Table, before the Judge and Bench, and after it is shaken, a little Child draws out 48 Names, which are read, and a List of them taken by the Sheriff, that he may know whom to summons. These 48 are put in the second Division of the BallotBox, out of which, at the opening of the next Court, another Child draws 12, who are to serve as Jurors; and if any just Exception be made, he draws others, untill the Jury be full. The same Method, with little Alteration, is taken in returning Juries for the Sessions of the Peace. The Names of those who have serv'd are put in the third Division of the Box, where they lie till those in the first Division are almost all drawn, and then they are again put into this. The Reason of their lying in the third Division is, because one Set of Persons should not be too much burthen'd, but that all should have an equal Share of the Trouble, as nigh as may be.

The Ballot-Box hath three Locks and Keys, kept by three several Persons appointed by the General Assembly, whereof the Judge of the Court is one; neither can the Box be opened without the Presence of those three.

The Reason of all this Precaution in returning Jurors is, for the better and more effectual Preservation of the Lives and Estates of the Inhabitants. For the Sheriffs, Marshals, and all other such Officers, being

appointed by the Governor, and keeping their Places only during his Pleasure, if the returning of Juries lay in their Power, 'tis more than probable, they might at some time or other, pack such Instruments as would be ready to gratify him, to the Ruin of any Person against whom he had conceiv'd Malice or Displeasure. Considering therefore, how easily frivolous and unjust Prosecutions are set on foot, and Evidences fit for any Turn may be procur'd, nothing can be a greater Security than this noble Law; for after all the Arts and Management betwixt a bad Governor, Judge, and Attorney-General, to carry on an illegal Prosecution, the whole Contrivance is at last spoiled by the Impossibility of Packing a Jury for the Purpose.

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A Letter from South Carolina. Written by a Swiss Gentleman (London, 1718), 23-24.

70. Charge to a Grand Jury (1753)

BY LIEUTENANT-GOVERNOR ROBERT DINWIDDIE

Dinwiddie was lieutenant-governor of Virginia from 1751 to 1758, and his letters show him to have been vigorous and able. The charge to the grand jury was often made a political harangue.— Bibliography: Winsor, Narrative and Critical History, V, 268-270.

Gentlemen of the Grand Jury:

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are here assembled and sworn to the Execution of the most Important Trust that can be repos'd in Men. To enact Laws, is indeed the Work of the Supream Legislature, but upon the Execution of those Laws, not only the Happiness, but the very Being of Society more imediately depends. It is therefore from You, Gentlemen, that the Public is to derive whatsoever distinguishes a free and well govern'd Comunity from a Band of migrating Savages, who have no Principal of Action but Appetite, and no rule of Right, but Power. Temptations to Violence, and to Fraud are so various and frequent, that it is no Wonder they are not always resisted. Mankind are perpetually deviating into Disorder and Escaping from the Bond of Society. It is therefore necessary for the Magistrate to watch the Earliest Efforts of Oppression, and the first Sallies of Intemperance with the greatest Circumspection, and imediately to restore the general Order as often as it is interupted. The Crimes by which religion is Prophan'd, Allegiance

to the King broken, Property invaded, and reputation sullied, are so multiplied that the List is a Satyre on our Species, and [I] wish I cou'd be excus'd from enumerating the many Ways by w'ch human Nature has been degraded, but I am compell'd to display the Cataloge before you, and some of the Articles I hope you will be able effectually to wipe out. You are, Gent., to punish all who dare Blaspheam Almighty God, a Crime which seems to include a Capacity for all others, for what may not be dreaded from the Wretch who reviles infinite Goodness, ridicules consumate Wisdom, and defies unbounded Power, as a lower Species of this Offence. You are to take Notice of the contemptuous Violation of the Sabbath, w'ch is an Outrage on every Christian; and of the horrid Oaths and Imprecations, w'ch wou'd make a Mahomitan tremble.

Perjury in Judicial Concerns is a dreadful Complicat'n of Guilt, it's a daring Insult on the Deity, and the most scandalous, as well as dangerous Invasion of the Property of Others.

Drunkenness, also, however Venial and trifling in comon Estimation, is to be class[ed] Among the Offences w'ch are more imediately comitted against the Majesty of Heaven, as it debases His Image, and abuses His Bounty. You are next to present all the Species of Treason and misprison of Treason, w'ch are Offences comitted against His most Sacred Majesty, under w'ch is included: - Counterfeiting the Coin, or bringing false Coin into the Colony, or counterfeiting foreing Coin that are current here, and uttering seditious Words against His Majesty's Person and Gov't. The Crimes that relate to our Fellow Subjects are

Murder, Burglary, robbing on the High-Way, Stealing, or receiving stolen Goods, riots, routs, or unlawful Assemblies, Assaults, or in general, all Gaming, Bribary, Extortion, keeping disorderly Houses, Cheats, Nuisances and Neglect to repair the High-Ways and Bridges. Such, Gent, is a List of Crimes you are to present, w'ch, yet, is far from including all possible Methods, by w'ch ingenious Wickedness may deviate from the rules of Society. For that there is a constant Succession of new Vices, or at least new Modes of Vice, for the Evasion of Legal Punishment, is the constant Experience of every Legislature, as appears from the perpetual enaction of new Laws. When therefore on Y'r Enquiries, you shall perceive any of these malignant Plants spring up, y'r Duty to Y'r God, Your King, Y'r Country and Y'r Selves, requires that you exert all Your Power for their imediate Destruction.

Great indeed is this Task, Gent., but the Order of our happy Consti

tution directs the Performance thereof, and I Congratulate the Publick and myself, that it is in so able Hands, and I doubt not but that you will acquit Y'r Selves so as to not only to have the Praise of Men, but also the Blessing of God.

My fourth Charge,

Oct'r 16th, 1753.

The Official Records of Robert Dinwiddie (Virginia Historical Society, Collections, New Series, III, Richmond, 1883), I, 35-37.

71. Records of a Precinct Court (1693/4)

BY THE CLERK OF THE COURT OF PERQUIMANS

This is an interesting example of the records of a court of first instance for petty causes. Bibliography: Channing and Hart, Guide, § 147.

AT

T A COURT HOLDEN AT THE HOUSE OF DIANA
FFOSTERS-THE FFIRST MUNDAY IN FFEB-
RUARY ANN° DO. 1693-4 . . .

Mrs. Durant enters for her two Grand Children a young sorrell mare with a star in her forhead Called Bonne the same mare & her increase & increases to to Ann and Elizabeth Waller to them and their heires

for ever.

Thomas Lepper has proved ten Rights in ye County Court Tho Kent Ann his wife Sarah Kent Rebeccah Kent Ann Kent Jun' John Thomas Wm Brown Wm Brickstone Tho Lepper Nicholas Robeson

John Barrow proves three rights by importation Robert Tester Simon Smith and a negroe Jean

Thomas Pierce has proved his rights being Thomas Pierce John Pierce Susanna Ruth Pierce Dorothy Pierce Mary Pierce Mary Bridges John Wilkeson and John Pierce in all nine Rights

Hannah Gosby has entered nine Rights Jno. Gosby Jn° Anderson John Kinsey Richard Waterlow Kathrine Kinsey Jean Anderson & 3 hands from Jno Northcoate Joseph Hepworth Jeremiah White & Henry Clay sen' in all nine Rights

Peter Gray Proves two Rights for himselfe transporting twice into the Governmte and one given him by John Twegar.

Upon a petition exhibited by Jabell Alford praying to have liberty to chuse a Guardian. Ordered that the said Jabell Alford be bound to

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