The Massachusetts Spy, Or, Thomas's Boston Journal

For the Massachusetts Spy.

To the Gentlemen of the Bar; more especially in the Province of the Massachusetts-Bay.

Gentlemen,

The importance of your profession to the well-being of mankind, has been generally acknowledged by all civilized nations; but few, perhaps, have sufficiently attended to the full extent of its utility. Services whose tendency are preventive only, though in reality most valuable, are least conspicuous. The check you constantly impose upon the most dangerous of powers, confining it continually within its proper boundaries, is not as much perceived as it ought. The penetrating Frederick felt this, and under most plausible pretext, almost suppressed your order in his dominions. The action drew Hoannas, the event will draw execrations.

Knowing and inured to the study of RIGHT, your (undebauched) minds cannot avoid the shock which naturally accompanies the sense of WRONG. You know the tenderness of that plant of heaven - this multiparity and insuperable quality of the weed of hell! You see that vice and violence on the shortest remission of restraint gather force, too formidable to be directly combated. It was undoubtedly this conviction that caused you to exert yourselves in so heroic and disinterested a manner in the time of the never to be forgotten stamp-act. The sacrifice you then made will pass with its history to posterity! Some of you have uniformly manifested the consistency of your native principles with your dignified profession; the vigour and stability of your virtue and patriotism, and more than one, to the immortal honour of themselves and all their political connexions, have devoted themselves voluntary sacrifices for the deliverance of their sinking country. May these shine as the stars forever and ever!!!

Another capital occasion, gentlemen, now calls for another unanimous exertion of your authority. The bar, with the laws and constitution of their country in their favour, is a formidable power. Declare boldly, gentlemen, what these laws and constitution are, and what they deserve who infringe them. Your interest in the laws is an enhanced interest, you cannot be unconcerned in their violation. A temper is rising in the people which promises you effectual support, and I am much mistaken if throwings over the bar, and denials of the badges of the profession, to gentlemen of most distinguished parts and characters, will be borne with much longer. Tis prudent to bear insults so long as to have mankind thoroughly convinced that they are more than the accidental allies of human weakness; but that point once gained, freemen should let the most haughty villains know, that even the highest magistrates are but servants, invested by them with powers to be used only for their interest and security; and not the gratification of resentments, conceived against worthy gentlemen for doing their duty, in pointing out instances of neglect, or what is worse, a betraying of public trust to the worst of purposes, and conspiring a fatal change of the constitution of their country.

How perplexed will your business be, if in your future practice you are first obliged to consult the humour of the governing minion or mistress, and then (square) your law, pleadings, &c. to that caprice, which probably in the next controversy may be secretly corrupted to the other side. As soon as the fundamental pillars of our state are shaken, that miserable slavery ensues where right is vague and unknown. The vindicators of right must therefore most severely feel the fatal alteration. The crisis is fully arrived when you and we who are bound in duty and interest to support and defend each other must conquer, or fall a prey to power which scorns the limitations of law or reason. I know you have long since stood ready to perform your part, had the people discovered a sufficient warmth and firmness of resolution to stand by you. They have hitherto been irresolute, principally from an incredulity that administration could be so wicked as to resolve to enslave them. That point being settled, many moderate gentlemen, who almost thought themselves tories, begin to cry out aloud, these measures will not do! All mankind know that the first magistrate ought to be considered the father of the state - to have no wish or interest but the happiness and security of the people; and that all in subordinate authority, particularly the arbiters of our lives and fortunes, should be men, fearing God and hating covetousness; in whose hands the scales of justice have an equal poise, and neither passion, prejudice nor interest to bias them to either side. Before such declarers of right you may appear with courage and satisfaction. Before time-serving tools of power you know not how to order your speeches aright.

To sum the matter in short, gentlemen, I conceive it is high time for you to declare that unless judges are left in a condition, as impartial, as we would have juries or common referees, that the administration of justice in its present unnatural and dependent condition, has lost much of the confidence and esteem of the greater and better share of the people, and remaining will be considered as an engine for the violation rather than protection of our rights, liberties and properties. Such a declaration from you would make the most impudent usurper shake, and cast about him for means to avoid an impeachment. A few of these wholesome corrections, I think, would serve a good purpose at present. Would beg your favour to consider of them and let the worthy members of our General Assembly have your opinions by the next session, on these and other important matters, more familiarly falling under your notice and contemplation: than that of

CLERICUS.