The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-03-10

ever to commence an action in court of admiralty can
not difs this part of the argument without citing
thoriy from one Of the late books of cport.S A pilot
ed in the Admiralty for piotinga vee in river Thames
from Ssa-Rsacb TO Deptfsrd. After hearing council,
prohibition ordered by the whole ofcommon pleas
and they expressly FAY, there is gsss to be found
where the contract at land and do the work
board within the body of me county, that the
law courts have permitted the Admiralty to have
juridon." This cafe alone ucent anlxer your az
feron that court of Admiralty hath cceniEance in actions
Of debt for building mendng of hPs. The reporter
adds, note, by fiat. IS. Rich. CHI g. Of all contracts and
things done, within the bodies Of contracts, well by land
as by water, theAdmirals court hath no juhdiehon.
The next part of the defence of your commiion is per-
feety curious and You charge with having
founded the idea of crime and felony, and very gravey az
fure US, that every crime does include felony. And
pray, what then Have aid that every crime amounts
felony Far from it, Sir, have only iaid that under
the depton of offences, upeeted offences, and crimes"
your common gives you power to try all thoe that are
reed in the at. of Hen. eighth and that, Therefore, it is
virtual repeal of that law It Is evident the common
fenfe of mankind that the indefinite expeons of" offences,
iufpeed offences and cmes, mutireude eafon, robbey
MURDER piracy &c, une you fPpOS they not offences
crimes. My concluhon herfe, that fuPendngPowe
is aumed by the Crown, Aand in full force agan you.
thank you for the candid acknowledgement that the z8 of
Hen. g. has altered the mode of trial for thofe capital Of
fences, and has diretaed IL to be by juU.Ths you
fnce that time ethcrin England the colonies, opg
to be vefed with lch power" lhope, Sir, you VIII
think me difcfed remark trHes, when obeve, I'll
this is very different from laying, that judge afua
vefed with fnch power.--Many things often doneM
mines and politicians, which NOT certainly ought not to
Be done. Among them, think, fhould be ranked the
fragrant violation of law in giving you, or any Other in
America, IN authOitYwhich percedesa at parliament
Rezd your eOmmiiun again And Ryou sre not loa
yourel and your country, you mu be alarmed at ts
contents.You have authority gVen you Il vspaaf it with
aonment and you ought to read il with horfor) to Try
" all offences, fuipeeted Offences and crimes.
MURDER robbery, &C. offences and crimes-You have
therefore, power given you try them.Is not this rea
oning plain and unanwerable -And does your COM
milton therefore give you jufdi6on try esucs and per-
ons which the Aatute law of England hath ad, fa be
tried, according the principles aud practice ofyour
court, but according to the eOE II CONNER laSv !But
will not pres you any further on this point.
Your aertion-hat there be no queftion to
the power of the upme court of this province grant
prohibition fay caue in the Admiralyappcars to be
extremely groundlefs. The a6 Of the Anemby only Jays
that the fupreme zl exereie the uridctons and
powers thereby granted concerning all and angular the pre-
miles, according law, fully and amply, 10 all intents
and pupos whatoev, the juces courts ofKngs
Bench, common pleas and exchequer Weiminer, any
of them, may or can do" So that the peme court BY
this claue, only exerce the powers granted therein, as
fully as the Ame powers may be exercied in any Of the
courts Of WeminAer Hall. Ifyou will take the trouble
offeading the proceeding clauies Of the act atsed
you will finds word about prohibition. There is in
deed oofe epefon in the former part of IL, that the
fupreme may ae wits of habeas Corpus, certiorar,
and witS Of error, and all rsmsdia and ab zVtS, which,
at fr fight, feems to give them power 70 iue any writ
whatever. But awyer, Sir you cannot but know that
the wrs of prohibition and mandamus high PrCogatve
writs, ung only out Of the courts at Weminfer Hail.
This, all the law books which mention them, expressly
declare Can tbe fPpofedthen, that the Kingin Council
would fuer any court in this province, merely from the
contribution of an act of A1emby, TO exercife uch an
cendent power 1.-THE reyee is indeed highly probable
TheAGemby certainly deamed ofgving fuch power
the preme court, any then they dreamed that
Judge would be eRzbhed Philadelphia with the
nous powers of your commiion Otherwife they would
dOu6tlels have provided agan the dangerI viii iubmt
to your confederation lawyer, obfervzton
this head. Il is eaablied rule in the contraction ofan
at of parliament or at of zIemby that dsicrptOn
which irees perons things of inferior rank, ought
not to beextended by ubequent gezeai zVoy, them
that p1icr provided there any gfiw rank TO
fatisfy the words Now, Sir, let apply this rule TO
the cafe in hand. Do you know that the wTts, which
the at Of aemby mentions, inferior to the high pre-
rogsve wrts Of ohbitOn, and mandamus, and that the
general words of all otherremedz ts, cannot be confirmed
to include them Especially there great many other
wrts of inferior ftisfy thofe general words
On this authority alone, may ffry ref my opinion. The
danger therefore, for Of power in this province to flop
the prooeedidgs of of Admiralty, lI 5emains.
There is only other part Of your deene to be
anwer-d. The public are, dosbt much obi BY the
information you have given them, with regard to the mode
Of receiving your ay. Permanent however YOU allure
the fund Of old naval flores is which the Payment Of
your ay ultimately depends. f you houd be able
levy BY way Of penalties and foreres enough pay i'll
have been well informed, that it has already failed more
than ou1eIt is nso clear, that your inert requires yeu
houd neEea, much you can, that aock out Of which
your y is in the M place" to be paid in order more