The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-01-23

'HHNNNa III hf@ '"NN' ~
involves law. In civil! a6tiou' the defcn
dart in juit fication is obliged TO plead ipc'
cIaly. This is denied him on an indict.
menr. Bur Backbone tells US this can BE-
OF no disadvantage, for tie jn'y lhall cen.
iider all matter of defence as if they were
lpteialb pieaded. A ffionidm infFnf is thc
gift cf an indictment. and The def. al.edgc'
IN defence not guilty Of Iutb an intent. A
jury muf therefore in taxing nofieE Of FCxsy
dJfg,fve m after, judge tie quality OF crime,
and verdict cannot be let Aide for their
cxerciiing their right.
He further Jays, (p:cial verdict iswhen
they doubt the matter OF law, and therefore
ebnJl to leave it to the determination OF the
court, though they have AN UNQUES-
TlONABLE RICH [ of finding gene :
raj vraiGf if they think proper 70 to hsZ
ard their oath" If this is law, what FAY
you to thcie things To fh-w how it APP
plies to the matter in difpute, would be an
affront to the understanding of the reader.
Had have worded it myfelf, could not
have more fully and clearly confirmed my
opinion. This would remark, that the
weeds, &c doubt" and Z" ebnf' are both
itaHSNed by Backbone, plainly importing
H they can have any meaning, that find
| nR Hpecial verdict at all is mere matter q
1b0iee, and was only intended to fa(F the
fOstlisueis of fome honeft jurors, who
dsnbiing the law, were anxious leaft they
ihould promoteinjuitice. Backbone thuSlta-
citing evidently fhcws his caution and how
fearful be was of being mifunderitood.
And now my countrymen, as this cafe
is .qually mutual and important, turn Aide
for a few moments and think little on
this fubir9. If murderer kg0fy committed
as fucb, is matched from the hands OF Jui-
tice, in an unjuit fable way, fociety is
endangered. Such a conduct will pow
erfully itrlke both the man OF religious
and political principles. The former I'm
prehed with iu;table ideas OF the atr0ei0Hi
nature of murder, and Influenced by Ia
cred regard to the prectptS of his maker,
&" thou fhall take no Jafi! faSfi0n for the
life of MURDERER, he ihall iurely be
put to DEATH" will reject with penfive
lorrow on fuch an inffance, and will trem-
bic with kind of pious horror, at living
in land gr00aing under the guilt of blood
The politician will be equally folIcItous,
when he fees thofe barriers that conititute
fociety, leaped over or broken down, and
inffead of having the fatisfaGtion of find
ing the breach repaired, unhapPily widen
ed. To violate inftitutions that receive then
exiftence from municipal authority is dan
gerous and ought to be infpeefed. But &c
defy and MAKE precarious thoie AbSO-
LII TIE RICH rs, which exiited long
before men formed into communities, ana
the fecurity of which proved the COM
mencement of lociety, demands more fe-
rious explanation. We may boat OF prl-
vileges in as high frain as we pleale; II
thefe abfolute rights are ihaken, the pillars
OF the political fabrick tremble. Oh my
countrymen. am on fubjea that lies
very near my heart. | feel for you: feel
for myfelf: tremble, while Zee year roll
ling after year and no inquiition made fol
blood !! But | forbear, | have an enthu-
fam interviewer in my very nature, which
may hurry me beyond thofe bounds that are
proper to be obferved On 70 delicate fub-
jeef. Thefe truf have Readiiy trfjErVt1
and am determined fW TO 0(5rrsfo. Il
my fentiments may BY |6ms be fulpea.d &c
have been exprefsd rather TO, lUarmy Thu
Am certain, my intention was bsz5f