A Rain.

In one particular, I must confess the Americans have not acted with their usual Acuteness of Understanding, and Firmness of Spirit. I 291mean in that very strange Piece of Conduct of their shutting the Courts of Justice. I call it their Conduct, tho it is apparently against the general Judgment of the People, and it ought to be charged on a few Individuals, who have Other Things in View besides Truth, Right, or Law. Indeed I could scarcely have believed, that the Fact was so, had not the Town of Boston asserted it, in their Memorial to his Excellency in Council, and had it not been admitted to be true, in the Answer of the honourable Board. Shutting the Courts of Law strictly speaking, which is to appear and be tryed by the Records, is a partial and temporary Dissolution of the Government, even in Cases of Invasion and Rebellion, and as I take it so far forth reduces the People to a state of Nature, and leaves every Man in every Case to do him self Justice, and to carve out his own Remedy with his Tongue, his fist or his Sword. Now, I should be very glad to know, whether it appears upon Record, that the Courts of Justice are shut. If it does, I apprehend that Record will justify me in judging in my own Cause, and becoming in all Cases where I am injured or have a Demand, my own Lawyer, Judge, Juror and sherriff. And the same Record will prove too that we are in a state of War foreign or domestic. But We are at Peace no doubt with all foreign Nations. Well then, the only Supposition that remains is that We are in a state of actual Rebellion, and that the Judges cannot sit in Judgment for fear of actual Violence. Will any Man pretend this is our Case? Has any Man within the Province appeared in Arms, unless it was out of Attachment to his Majestys Person and Government, as a Number of the Militia of the Town of Boston did? Has one overt act of Treason been committed within the Province? Was there ever such an Act committed within the Province from its first settlement? Nay, I may go further and ask, has there been a disrespectful Speech uttered of his Majesty or his Government, thro the whole memorable Year 1765, even at Midnight? over the Bowl or the Bottle?—I believe not one.—Oh, But there was a Riot which pull’d down an House.—So have there been an hundred Riots, an hundred skimmingtons Ridings, in which some of his Majestys subjects have received Damage, some by riding a Rail and some a Bull, some for one Misdemeanor and some for another. Nay there have been such Ridings in which some of his Majestys subjects have been slain, some in which the Kings officers, sherriffs have been killed in the Execution of his office. Pray was that an overt Act of high Treason in the whole Province, or in any one Person concerned in the Riot? Was that a Foundation for shutting the Courts? and recording the whole Province in a state of Rebellion? Will it be said that there is no Record of any shutting of Courts? no Record 292to prove any Invasion or Rebellion? How comes it then to have been admitted by the honorable Board that the Courts of Law, so far as respected civil Matters, were to all Intents and Purposes shutt up?

The Truth is here is a strange Ambiguity affected in this Matter. Courts will sit and suffer no Business to be done but adjourn, adjourn to next Spring. So that the Clerks are at a loss whether to make out Writs, the People are uncertain whether such Action will ever be sustained at all, and they know certainly that no Execution can be had till next Spring. So that they think it not worth while to be at the Expence of purchasing Writs. In this situation of Things we are as much deprived of the Kings Protection of our Persons and Properties, as unable to procure Justice, as if an actual Record was made of Invasion or Rebellion. So that the subject is as effectually deprived of the Benefit and Protection of the Law, as if the Laws were silent, drowned in the Din of War! We are therefore in Effect deprived of the Benefit of Magna Charta.

Heard Mr. Wibird all day, at Evening Mr. Etter, here.

At Boston, the Inferiour Court of Common Pleas opened. Present Mr. Wells, Mr. Watts and Mr. Foster Hutchinson. More than 100 new Entries. The Actions all called over and many defaulted and some continued. So that The Court has rushed upon the thick Bosses of the Buckler and into the thickest of the Penalties and Forfeitures.1 — Dined at Brother Dudleys, with Gridley, Swift,2 Lowell and Mr. Fayer-weather. Fayerweather is one of the genteel Folks. He said he was dressed in Black as Mourning for the Duke of Cumberland. He said he was wearing out his black Cloaths as fast as he could and was determined to get no more till the Stamp Act was repealed. He designed to wear out all his old Cloaths, and then go upon our own Manufactures, unless the stamp Act was repealed.

One Thompson came to me at Cunninghams in the Evening, and engaged me in a Cause of Lampson vs. Buttar, which is for entering a Vessell at Louisbourg and taking away 10 Bbls. Rum. Buttar was or pretended to be a naval Officer for the Port of Louisbourg, or Secretary to Governor Whitmore, and under Colour of that Authority, entered 293the Vessell and seized and brought off the Rum. Now Butter pretended to give Commissions to officers under him to attend the Wharfs and Keys of the Port and to examine all Goods imported and exported, and to stop the same, and report to him if illegal, or Contrary to the orders of the Governor, &c.3

Mr. Gridly was in a very trifling Humour to day after Dinner, telling tales about Overing &c. and Judges of Inferiour Courts formerly, and McCarty who built the Court by the Town House &c., and Stories about Coll. Choate of Ipswich, &c. The unsmotherable Pride of his own Heart, broke out in his account of his Disputes &c. with Choat. Choat was a Tyrant, Choat attempted Things too large for him. I have tumbled him over and over, and twisted and tossed and tumbled him, and Yet he could say to me sir I was here at 9 o Clock by Agreement and you was not come.—I answered him I was here, sir, at a Quarter after 9, and you was not here. Sir the Honour of attending me might at any Time dispense with a Quarter of an Hour.—This is not Pride. If Gridley had Pride, he would scorn such gross Vanity. A new England Church he said was one Object of Dispute between them.—The People in the Pale, the Deacons, and the Minister were the Picture of a N.E. Church. No Idea of it in the new Testament. Platform too was a bone of Contention.

Spent the Evening at Mr. Adams’s, with him and Brother Swift, very socially.