we strenuously contend for this absolute and immutable necessity of trials by juries:  but is not the spirit and equity of this old English doctrine entirely lost, if we partially confine that justice to ourselves alone, when we have it in our power to extend it to others?  The natural right of all mankind, must principally justify our insisting upon this necessary privilege in favour of ourselves in particular; and therefore if we do not allow that the judgment of an impartial jury is indispensably necessary in all cases whatsoever, wherein the life of man is depending, we certainly undermine the equitable force and reason of those laws, by which we ourselves are protected, and consequently are unworthy to be esteemed either Christians or Englishmen.

Whatever right the members of a provincial assembly may have to enact bye laws, for particular exigences among themselves, yet in so doing they are certainly bound, in duty to their sovereign, to observe most strictly the fundamental principles of that constitution, which his Majesty is sworn to maintain; for wheresoever the bounds of the British empire are extended, there the common law of England must of course take place, and cannot be safely set aside by any private law whatsoever, because the introduction of an unnatural tyranny must necessarily endanger the King’s dominions.  The many alarming insurrections of slaves in the several colonies, are sufficient proofs of this.  The common law of England ought therefore to be so established in every province, as to include the respective bye laws of each province; instead of being by them excluded, which latter has been too much the case.

Every inhabitant of the British colonies, black as well as white, bond as well as free, are undoubtedly the King’s subjects, during their residence within the limits of the King’s dominions; and as such, are entitled to personal protection, however bound in service to their respective masters; therefore, when any of these are put to death, “without the solemnity of a jury,” I fear that there is too much reason to attribute the guilt of murder to every person concerned in ordering, the same, or in consenting thereto; and all such persons are certainly responsible to the King and his laws, for the loss of a subject.  The horrid iniquity, injustice, and dangerous tendency of the several plantation laws which I have quoted, are so apparent, that it is unnecessary for me to apologize for the freedom with which I have treated them.  If such laws are not absolutely necessary for the government of slaves, the law-makers must unavoidably allow themselves to be the most cruel and abandoned tyrants upon earth; or, perhaps, that ever were on earth.  On the other hand, if it be said, that it is impossible to govern slaves without such inhuman severity, and detestable injustice, the same will certainly be an invincible argument against the least toleration of slavery amongst christians, because the temporal profit of the planter or master, however lucrative, cannot compensate the forfeiture of his everlasting welfare, or (at least I may be allowed to say) the apparent danger of such a forfeiture.