The Massachusetts spy, or, Thomas's Boston journal. [volume] (Boston [Mass.]) 1772-1775, 1774-02-24

Il will be to no puipoic to .cl! US, that ycur
commiiiion purfues the common form OF all
other commifiions to Judges who are appointed
NV rhe Court of Admiralty. Allowing this to
be true, (Which, by the way, does not appear
tn, danger to the liberties of theie countries,
is not the lels on that account. In England,
where the Courts of Weltminiter- Hall can iend
wrlts of prohibition TO the Civil Law Courts it
is not very ma.er;al what are the words OF the
commifion to the Court Of Admiralty. But in
America, the cafe is widely different.
1t may be jultly doubted, whether our Supe-
rior Courts OF common law have power to
flop the proceedings of Court OF Admiralty.
| do not indeed pretend to fay exactly what
may be the provincial laws of the other colonies
on this head. But ir this province at leaft, |
think the Supreme Court has no fuch power.
Suppofe then your iucceaor in office ihould
think proper to try a caule on policy OF iniu-
rance which is expressly one of the objects OF
your commiAion. To fay that he will never
make this ule of his power, and THAI there is
no danger of it, is language fit only tor thoie
who are totally ignorant of every idea OF law.
In fuch cafe, let me ak you, to what tribunal
ihould we apply to prevent him from gong on
to determination For may part, know OF
none. But perhaps you will fay, there lies an
appeal from iuch decree, either TO the King In
Council. or to the High Court of Admlraltyin
England. Be it 70. Yet you mutt own, that
the expence and delay, naturally attending APP
peals to England from theie provinces, are
mott dilcouraging circumstances in their way,
and are doubtleis the cauies why 70 few are
carried hence. BeGdes, in the Preient cafe,
| apprehend an appeal would fignlfy nothing.
If it was to be made to the King in Council,
we ihould probably be told, that the Judge
had not gone beyond the line of his duty, as
chalked out in his commilion, and thar that
was the only rule he could politely go by. Or
ifthe appeal ihould be made to the Admiralty in
England, it is highly improbable, that Court,
which has been 10 fond at all times OF extend
ing its jurifdittion, would merely for that rea-
fon, reverie judgment given by one of its
inferior branches. We know too much OF the
policy of the times, as we'll as of the great in
huence of a certain eminent Chief Juice, to
fIppoie that appeals againf the juriidietion
of a Civil Law Court, would be liltened to
with much attention.
The times in America, Sir, are critical and
important every Rep, taken by the mother
country, in which we are the leait intereited,
ihould be watched with a jealous eye. The
fpirit of administration in England, has ran
violently for lome time paf, towards arbitrary
meaiures. To promote theie meaiures, the
civil law is certainly mot compleatinftrument.
In your hands indeed there may not be 70 mach
danger from it. But we are not always fure of
having a man of probtyt fill the office. Your
fuccchor may be a very different man. Laws
ceale to be any Gecurity, when they truit to
what men will do, and neglect to guard againR
what they may do.
You will perhaps fufpea this letter comes
from iome gentleman in office, Whole interef is
in danger from your Commifion. But re&
aaured, Sir, it does NOT. Whatever may be
my charaaer and protection, 1 cannothelp think
ing, and l hope you will execute me in telling
you 70, that the execution ofthe Office you hold
mutt wound every feeling of honour and deli
cacy. You know what | mean. Your ialary
of 6ool. year is to be paid, in the Grit place,
out of the moiety money ariGng from condem-
nations made by yourfelf as judge. This
Sir, people will think, looks too much like be-
ing party, Judge and jury. The administration
of juHice ihould not only be pure, but like
.Cafar's wife, ihould not even be fufpeeted.
r U S S Z L.