The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-03-03

Il
i" ecs TO perfons, ihips, goods, annoyances OF
/" free pafaee SC. of contracts, land other things
{" done beyond fea, relating 10 ~aVtg@fi'"
\ and marine trade.
Il But if contract be made beyond iea, tor
&" doing of an aet, or payment OF money within
1" this Kingdom, or the conrraetls upon the lea
i" and not 1ar marine ea9yf, it ihall be tried by
/" iury-the Admiralty may hold plea TOR
1" feamen's wages, sc. becauie they come due
90 for labour done on the iea, and the contract
I" made upon land, is only to aicertain them.
| Ibid. " The court of Admiralty may award
{" execution on land, though not hold plea on
+" any thing arifng on land"
From the foregoing fpecimens, the judiciou'
reader will be able to apply the general rule
aid principles efthe law to every article men,
| toned in the commiAion before US, and he may
alto find them all laid down in the books OF
the law, as of Admiralty juriidietion, whatever
refolutions there have been concerning wreck.
And to thele general principles, mutt refer
| fome of the matters mentioned by the author,
as it would fwell to volume to examine every
article infinitely, as whether, there can IN ne
cafe be flip wreck at iea, or whether wreck
may not be calt afhore and yet be afioat at high
water-whether banks of rivers may not be
confidered as appurtenant to the rivers, tnce
films may be made fat to them, by eating their
anchors aihore-and whether, by the words
ports, creeks and rivers, is not meant fuch as
are navipable, and below the frf bridges, as
mentioned by the fatutes. tits enough that
obferve, that in all theie, and every other Gale
mentioned in the commifIion, the particular
articles are qualified with an according to
" the civil and maritime laws and cuitoms OF
i" our high court of Admiralty in England"
! Whether the Supreme Court of this province
have power to inue writ OF prohibition OR
not, though of that think there can be no
great queltion = yet cannot doubt, but that
the gentlemen of the law would find ways E.
nough to bring the matter before common law
court, ihould court of Admiralty, In any IN
fance, exceed the limits of the law, by ifluing
procels, where they have no turifdietion.
find the author, in copying the cOmmiOn has put GER
tain words in itacks thereby ntimatne, no doubt that
they dangerous mPorthus the word tax, 1t pol
fbe he oud imagine that by that word power INTENDED
be given that court, tax the people, in the common
aeeptaion of the word Itpany power to tax COTS
to alef fines and other of that kind in courta
power common all eoursthe fame may be faid Of
polling wtneiles, and the like.
There matter however, 10 Particularly
by author, that may not pafs it without lome
more full and explicit remark.
This is the caufe which reipe6fs hipwrightsVho
author tells U.S. numerous body OF mer-and he might
have added very uieful body of men TOTO much 70,
that the law has taken toput II in the power of court
of Admiralty, to lend It's aid for their help and benefit where
law cannot 70 well do it, from the different
forms ofproeeedng That this is the cafe viii appear from
the transcripts above, taken from Beawes. ToexemPlythe
matter Suppoie foreign vee, aFrench nip, for in
anee houd into this port, in order to ret having
| fprung leak, and the Captain mould employ num-
Der of pwrghts to repair her, who having done their
work, the Captain hould refne to pay their Bills,
in this cafe the court of admiralty, upon application
| that purpoe, might iiue proceE whereby the fhip
might be areed and detained, until the hP-ghts within
the compass of few days might obtain decree, have the
ip fold, and their dues paid This that power which
eems hpwghts have 10 much location to dread,and know
of none that repe6ts hemen, that is alarming.
Toeonclude to this point, it will mott undoubtedly
appear, upon enquiry that this common to the objects
of proces and Judgment, does differ from all other
millions of Admiralty but is iubfantialy the fame with
them. Our author iays this does not appear, perhaps he
only that does appear in newspapers, for he
certainly might ealy have Known how that matter ands.
have before great part of from neghbourng pro-
vince, copied BY way of recital in commiion of depu
ation. find in that, the very fame words which have
been canvang, the words offences and crimes banks,
andbs of loaden with many more, in word 70 far as the
fame copied, appears to have been drawn from and
the fame original andard, for which, dare fay, the clerks
of Office, make all theie commion and which have
beenPrled upon, and ubmtted to, in the colonies, for
the ipace of about one hundred years.
will proceed the confederation of another obee-
ton, which author has agan the mode of paying the
Judges iaary.-Ih he takes notice, is made payable in
the ff place out of monies arng from penalties and for
feures which proceed from eondemnaons which the Judge
bi makes, but why it houd be exceptionablc to
have the faay payable of this branch, in the @ rather
than the lat place, am at a lois.
cannot help thinking, however Paufbe this objection
may appear in the general view of it, that it will entirely
Nth upon eoier examination; the fate of this whole
matter is this When the four Vice Admiralty courts
we're lately appointed in order to free them from hoie OBJ
eeons which had been made agan the mode opayng the
former Judgesn cafe of captures in time war,it
cuded to give thee Judges certain fixed ums by way a
~ IN lien of all other fees and perouites Whaever and