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

Ef IN our Hfff.
From the PENNSYLVANIA JOURNAL.
1.-THE author of the address to the Judge of
the Vice-Admiralty Court in this place
which made its appearance lately in the pub
lie papers, has advanced iome things reipecting
the iuppoied powers intended to be delegated
by the commifiion continuing that court,which
appear to me, to require Tome particular no.
tice and remark.
am aware, under how great disadvantage
any writer mutt expect to labour, who ihall ven
ture to engage on the fide of Court OF Admi-
raltv: but however popular and general preju-
dice NAV tend to hinder the truth from reaching
the understanding, yet happily for mankind,
whenever it does make its way thither, the pub
lie Judgment is always ready to be pronounced
on its iide.
would by no means be underltood to be an
advocate for Courts of Admiralty, as iuch in
preference to the Courts of common law. No
man can have higher idea, or more favour
able opinion of trials by jury, than have -
Nor would have the powers OF Admiralty
courts extended any farther than they have uiu-
aIlv been. | only undertake to thew, that they
are not extended further, in the cafe, at Preient
under confederation.
Our author takes notice, that the powers of
the courts of admiralty, in England, have un-
deroone Isveral alterations by Acts Of Parlia-
ment.-The fame thing mighthave been OBJ
ferved of other courts but he lays, the itatute
OF the 18th of Henry the 9th the preamble OF
which iets forth the difficulty OF obtaining full
proof, according to the forms and rules OF the
Admiralty Court, took from that court the cog
nizance Of treaion, robbery and murder COM
United on the high ieas, and gave the fame to
a new tribunal, directing that the trial ihould
be bv iury.s Thisi agreed and allo, thas no
Jingle Judge of Admiralty fincc that time, e.
theT in England, or the colonies, ought to be
vened with fuch power:
BUT our author thinks he has diicovered
elauie in this commi1ion, that vets the judge
with that power, and then exclalms loudly-a-
bout fufpended power attempted to be exer-
c;cd and what not own was not little
fIrprized to hear, that the Judge was furniihed
with fuch authority, and almoit as much 10,
that no body had diicovered it before now but
when came to attend to the words of the COM
milton foon found that all the difficulty pro-
ceeded from the authors not Efficiently attend
inc TO the legal import of the word crime, and
h;s confoundine that word with the idea of
,Ssr.-The clauie in the commiGion, on which
he POUNDS his arguments the following, "And
we do hereby commit and grant unto you
our power and authority to take cogniz-
ance of, and proceed in, all caufes civil and
" maritime, and in, complaints, contracts, Of
/" fences, or fufpeeted offences, cri'HeS, pleas"
&c.
Now although every felony may be iaid to
include in il a crime, or to be criminal act,
yet every crime does not include in it fe-
ionv +-Should one lailor wound and MAIN
,rothey at fea. this would be both an offence
and a crime, puniihable by court of Admi-
raltv hut it would not be capital offence,
NOR f,b;ea him to the puniihment of death, as
would treafon. robbery and murder, as being
FeIon;es-This dRin6tion is 70 obvious, and
q we'll Known. that believe have no need
to fay any thing more upon 1t. :.
hone then that the public will find, that this
commiiIion is not fraught with quite 10 much
m;(ch;ef as our author imagined, and that they
will be relieved from their fears, if they have ever
had any. ofwhat the prefent judge, or his more
formidable fucceHor may do on the icore ofpro-
iecutions for felony.
Our author next proceeds to take notice OF
the civil part of the commliiion, and after hav-
ing obferved, that by the law OF England the
Admiralty hath no manner of cOgnizance OF
anv contract. or of any other thing done, within
the body of any county, either by land or water
he flaws. consequently it hath no juriidiction
4" 70 hear caufes that ariie on bills ofexchange,
+" bills of loading, bottomry bonds, charter
" parties, policies of infurance of freight, but
" that the commiGion includes all theie, and
/" MANY more articles of that nature. The
GENERAL principle advanced here, by our au-
thor. cannot properly be iaid not to be true,
and vet il does not express the whole truth
Had he added, after the words, or 1t any other
thing done within the body OF any county,
theie words, not being OF marine nature, the
whole Of the true idea would have been well