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Browsing: Legal Papers of John Adams, Volume 2


This foot note contained in document ADMS-05-02-02-0006-0008-0001
6. See note 6 15 below. In colonial appointments the English Commissioners had followed the system used in England, whereby they in practice recommended candidates for principal positions within their jurisdiction, but made the actual appointments only upon Treasury warrant. Hoon, English Customs 195–198. Failure to remedy this lack of control over appointments was a major error in the creation of the American Board which led to much of its later difficulty. Clark, β€œThe American Board of Customs,” 45 AHR 777, 795–797. The one major exception to this practice was the commissioning of naval personnel as customs officers. See Hoon, English Customs 272. In a case in the Massachusetts Vice Admiralty Court in 1763, with Auchmuty as Advocate General, counsel for the claimants of a vessel seized by an officer of the navy had argued that the statute's conjunction of Treasury and Commissioners required a warrant. Nevertheless, the vessel was condemned. Bishop v. The Freemason, Quincy, Reports 387 (Mass. Vice Adm., 1763). On appeal in the High Court of Admiralty, it seems to have been argued that there was a standing order from the Treasury authorizing such commissions. The condemnation was affirmed without comment on this point. The Freemason v. Bishop, Burrell 55, 167 Eng. Rep. 469 (High Ct. Adm., 1767). See No. 51, note 1; No. 52, note 5.