The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-02-24
20 The JUDGE Of tkr HIGH COURT J
ADMIRALTY al PHILADELPHIA.

EAA"AANALA ~ Nk1ALhAEbTIlIA.
SIR,
SHO u l. d not have chokn to addreis
l. you through the channel of newspaper,
IT the iubJett was no ways interefting to the
public. There is nothing | 70 much defpiic,
as the felonious robber of private virtue and
character, who ihelters himielf behind the prin.
ter, and thence iecurely TABS in the dark. Nor
am pleaied, when | behold the attention of
the community, taken up in deciding private
differences, on the Pslty diiputes of inaiyidu-
ais. Theie are generally conducted with 70
much heat and indifcretion, that each party
feems anxious only to wound the reputation Of
his antagoniit, and never thinks of defending
his own. But on the preient location mean
to addrels you " under the tile and title Of
judge commihary, deputy and surrogate of the
court of vice admiralty in Philadelphia" In
which capacity, you have certain relation to
the public, and are velled with certain powers.
which every individual hath an undoubted right
to diiculs and examine. Suffer me therefore
to appeal to you for a few minutes NOT in.
deed as judge, flor care not how little YOU
are appealed to in that way,) but as Q man
Poheiied of virtue and honour.
The mott superficial knowledge Of the En-.
gliih law is fufcient to thew the vigilance. with
which the courts of Wellminaer- have al.
ways guarded againa the encroachments of the
courts of admiralty. From the reign of Richard
the iecond, down to that of James the Era, we
hnd continued itrugglc between them. Nor
is 1t eaty to fay which ought molt 10 be admired
the hrmneis and refolution of the one, or the
enterprise and olfinacy of the other. But in
tho reign of James the 6rR, their uiurpations
on the courts of common law met with iuch
vigorous repulie, that fnoe that time, they ieen
to have given up all thoughts ofextendi 3 their
Juriidletion IN England. Nor have they been
oPpoied only by the courts ofcommon law. Il
IS now above two centuries fince the parliament
Pahed an act TO lefen their power. The ia
tute ofHenry the eighth enacted, that treafon.
piracy, robbery, murder, felony, &c. committed
ON the high lea, ihould be tried according TO the
ccourie OF the common law. And the practices
is now to join one of the judges of WeHIninacr-
hall In oommiilion with the judge of the sdmi-
rally, to try thofe offences by jury. Before
the Paiiing of this act, Jingle Judge was vefted
with apower of life and death A power, alb.
iolutely unknown In any other branch of the
Engliih contribution. Even in the army, a
court martial mutt be called, before dein-
quent can be ientenoed to death. BY the {.
Eliz. cha. s. feet. so, feveral offences nention-
ed in that act, if done on the main iea, and out
OF the body of any county, hall be heard and
tried according to the fatute Of sS. Fl. s Oh. IL.
that is, according to the courie of common law
by jury. And by the /. Ann. ieH. Oh. q.
feet. 4. Captains and mariners belonging TO
ihips, and delroying the fame at lea, ihalI be
tried according TO the ltatuIe Of Is. II. g., thar
is, according TO the courie Of the common law.
From theie ieveral acts of parliament, which
have thus abridged the power of the courts Of
IN criminal cafes and from the great
variety of determinations at common law with
reiPe6t to civil actions, il will appear evident.
that che juriidietion of the courts of admiralty
in England is narrowed almot to point Even
diiPutes concerning captures in time of war.
which ieem particularly 10 fall under the cog.
nizance of the admiralty, are now, in trials on,
policies of infurance, frequently carried into the
courts of Northumberland. Hence cafes of
mis- kind are often found in tae books of report.
:lpeeially IL the rofe modern ones.
II then the judges and the parliament ofEn.
gland dor ages pait, have been endeavourinp 70
imir, and have actually alnoa abcllihed the
.diUus juriidletion ofthat clyil-Ia couIl, and
ave introduced in iIs lead the noble ri by
,trv Whas hall ,Ua fht,.l1 al sh. ~ a..