Legal Papers of John Adams, volume 1
1773-05-31
I receved Yours of the 17th. Current, and a Second that appears 118to have ben wrote Since. In your first You point out the Horrows of a Goal, and Compair Your present state of Confinement, To that which Succeeds a wicked life in this world unregreted, and unrepented of, with a verry Just Exception. If taken in a spiritul Sense that You are a Prisoner of Hope, Your Pathatic Complaint of being deprived of the Company of an agreeable wife, and the parental Duty You owe to your Innocent Children, is Sufficiant to move a Heart much less Serceptive of Humain Misery then mine. You Conclude with observing, the Time has ben, when our affections mutualy flowed in kindness towards Each other, But that now there is as remarkable a Coldness.
Now Sir as You have opened this Channel of Communication between us, I will Treat the Subject with that unreservedness of mind that I should be glad to have from You. If I shall herein Charge you wrongfully in any Part, I will (when that shall appear) not only aske Your Pardon, but Publickly Confess my Error.
You Justly observe, the Time has ben when there was a mutual flow of Affection between us. I Can only add, that on my part it was Sinceer. Let us now Enquire how the Change Came, and who was first in the Offence, was it not anough on Your part to make use of the law. To Palm The Cabinet wair on me, which our privat Confidence in Each other Should have obliged You to have look'd upon as Sent at Your own Risque.
But having Comminced your Action against me at Oct. Court 1765 in order to make up your own loss, out of the owner that had also lost the Vessell that Carried it: How then Could you think of Joyning in a Plan, and Find
Here let the Sceene Change to the House of him whoes doors were allwais open, whoes open Heart had dealt out (tho' Greatly to his loss) as freely to the Necessities of the Poor, as to the Abilities of the Rich. Here behold a General Benifactor Sleeping in Perfect Security, not dreaming of Envy or Mallice, his bosom Frind upon his arm who's months with her at that Time Called for Tender usage, his Young Brood lodged around him. In this state awoaked out of sleep by the dashing in of his windows, behold him in Great amaze opening the Chamber door, Calling aloud to know the matter, his wife holding him by the arme, no humain voice in answer, Except a servant informing that his life was threatened In case he attempted his masters Relief. Here behold a murcyless hand Thorw a hatchet into the windo whence the voice of distress was heard which dashing the Glass about the Naked Bodys Scarce Miss'd their heads. Behold the Tenderer Sexes in untimly Time for flight, faultering, Sinking, Dieing, and the distress'd Husband Conveying her back to her Bead to Die there but being doubly armed with life, Each by Turn recaught the Electrical Fire. Open also your Ears to the Tender Cryes of his Childeren Crying, Father woant they kill me, Father Save me.
View this and much more also, not as an Ammaginary, but as a real Act, and Your selfe as a Principal actor in this, Original Tragedy. Then passby all that past between. Even Your threats uttered to myface Til we Com to the Night of the 14th. May 1767. Here Stop and view the Flaims. Consider well the Spirit that set them on Fire recolect the out Guards Planted there, and near my own Dwilling House also at the Same Time; hear and See a frish the Destress of a mother.120 Espessuuly upon hering her outcries Eccoed by one find
FC, apparently in King's hand. Docketed in same and another hand. NHi:Rufus King MSS. This and the following documents indicate something of the mechanics by which Burbank's testimony was obtained.
1773-06-28
Whereas Richard King Esq. hath released me from Gaol where I have been sometime confined by having my body attached by a writ of Trespass in which the said Richard is Plaintiff, and John Stewart myself and others defendants2 at my request in consideration there-121of and of five shillings paid me by said Richard I do hereby release unto the said Richard all cause of action whatsoever I have or may have against the said Richard on account of having my body attached and imprisoned as aforesaid.
In an unidentified hand; docketed by King: “Burbank's Release to Richd. King, Esq.”; signed by Burbank. NHi:Rufus King MSS. This document represents a release by Burbank of any rights against King for false imprisonment.
Burbank was taken and committed in accordance with King's writ on 12 March 1773. SF 139590. Although judgment in his favor was handed down atthe Inferior Court, March term 1773, the attachment apparently remained in force pending the appeal. By statute, execution on the Inferior Court judgment was stayed. The process in that court seems to have served also to compel appearance in the Superior Court, the defendant's protection being the bond which the appellant had to post. The statutory provision that no person imprisoned on mesne process was to remain in jail more than 30 days after the rising of the court to which the process was returnable unless his body had been taken in execution was thus apparently suspended by the stay of execution on appeal. See Act of 12 June 1701, §§8, 9, 11, 1 A&R 465–466.