The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-05-14


.NSMNYiSO you oblerve that ! would
IS intimate that the court have wffafFd
the verdia in Rchardfon's cafe by not
giving Judgment thereon, and that on &C.
count Of the jury's meddIing with law"
To this | anfwer, that what iald amounts
to fomething more than an iniinuatlon.
II was then, and is now expressly affirmed
that the court have by this conduct of theirs
vi.iatsd the verdict, and that the reafon they
gave, was the jurys meddling with law. Aud
Ifhall ever call that vitiati0n, when YER
dia is fet side in an illegal, Jtyet, Hyyfifa6L,
d;6fatoyial manner. Had the Court recurred
to any of thofe expedients, which Backbone
fays may be taken, and Jtbelf fail, judgment
MUST be pq0cd, you never had been trou-
bled with Vifiation, eontr0ai, &c. But when
Zee the fundamental barriers of fociety leap
ed over, and the blood of my fellow citizens
poufed down thefe Rreets like common wa
ter: when fee the authors of this tragedy
eIudihg iufice, and fome, although convicted,
fet at large by the court, who at one time,
and publicity on motion, affirm the rso(0U
and ground Of this motion could not prevail,
and yeren this very realSn and ground, Jfersfly
and outboyitativeiy, and without even the We
ri6cation of record, auef judgment, my
duty as citizen, a freeman and anEnglifhman
compels me to an enquiry. may even quef
ton the uprightnefs of their views, for if the
Solicitor Generals opinion has any weight,
lis Lasv, that we may handle with much
greater freedom the character of great man
than a boOr man, and that while by iuch a
conduct, the virtue of the latter may be faint
ed, the former is very little Affected.
My next authority is from Trials p. Pals.
Though it be true that jury fhall not be
CHARGED for meddling with matter of law,
and IF THEY DO, AND FIND 1T,
THEIR VERDICT AS TO THIS
SHALL BE VOID, yet daily experience as
well as Littleton, p. 368, tells us, that they
NAV take upon them the knowledge of the
Law, and give general verdict, though to
find the Ipecial matter is the lafeh way, be-
caufe if they miRske the Law, they run in
danger of an attaint." You 6rf very politely
obferve, +" that you think yourielf bound in
jufies to the Centinel, to acquaint your rea-
ders, that the words capitalized were by him
omitted" To this Ireply, that as many of
my numbers contained matters ofLaw which
were neceGarily intricate to my countrymen,
then made it rule, and als0qys GaA, to
leave out every thing that was psrfeS7y Jnpsv-
fnsps, and which tended ony to perplex. AT
the fame time took care, and lex CauEdicus
in juGies lhow the contrary, to give tVerJ
thing m0feyi0I,an inherited equally what made
ogainA me with that which made in my favour
If the lords in queffon come under the firlt
denomination of Psyff<7y jEbsyjea'RS,thc apo
logy is conclufve if not, freely lubmit 10
cenfure. And it is not necehary in deter
mining this point, for man to be bleff with
the abilities of Caulidicus. An bsntf mind,
and 60r( of common jsHjf, are very good
qualifications. And is it not evident that
the words are mentioned fimpIy as maxim,
and fomewhat fimilar TO, I'D qnajqioRem jE-
us non rlJpondeanf jUrafOry initiating with
and sxbyxjiy Jet aide by the remaining claufe,
which it is plain is the lbirif of the arthori-
" and what il o6FymS 10 Be LDSV ? For the
words are obfervaby emphaticaI THOUGH
il be true, that they (hall not be charged, &c.
YET (clearIy aboGging and aAerting the con-
fyory to the maxm) YET daily experience,
which is common Law, and Littleton its
abeft e~PouHder, (a5islafsh and sUitbsf re-