The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1831-01-12

Recommendation, offered by me TO lOrmer Legs
lature, that the proceeds ould be made to consti
tnte fund pledged to the purposes of Education,
and to objects of Internal improvement. The pay
ments are now made into the Ire asury, and there
absorbed by the current expenses OF the Govern
ment. The Land is sold, the money spent, and by
this process, ere long, that Estate, which came a
patrimony from our Fathers, and the enjoyment of
which, in some form other, should be regarded
as sacred right of inheritance in our children, will
be lost, utterly, both to us and to them.
is represented to me, by the Agent, that the
Lands appropriated by the Resolve OF the 4th of
March, 1925 and the 18th Of February 1929, for as
Segment 10 the non-commssioned Officers and
Soldiers of the Revolutionary Army, who served
three years, part of this States Quota, and
were honoraby discharged, to their legal Rep
reSentatives, will be insufficient to satisfy the
claims of all those who entitled to Lots, under
the bounty Of the Cove rnment and that further
designation, by the Legislature, OF the Townships
out OF which the particular assignments shall be
made, will soon become necessary. 50 far from
its being cause for regret that these claims have
proved numerous beyond anticipation, it is occasion
of the truest JOY that there is yet allowed to the
present generation opportunity for recognition,
even by this poor gratuity, OF obligations for ever
due to the services and suerings Of the brave and
patriotic ancestors
The judicial investigation of an appallEg outrage
upon the involability of Habtation and Person, in
a neghboring County, during the last year, has
induced to a more thorough discussion, and GER
tain understanding of the law in relation to Prin-
clpalS and Accessories in FeonEs. Ii is now
soemnly settled, by the highest legal Tribunal,
that the rule of the common law, which requires
that the principal Felon must be convicted before
supposed accessory can be put ipon trial, unless
by his own consent, is directoryto The admins
tration of justice in this ComTpnwealth. The
Court, indeed, while feeling coEstrained to yield
Ito the authority, express great tisaPprobaton of
this distinction. TIE late LEARNED and lamented
Chief Justice, whose last act, in life of eminent
virtue, true greatness and public service, was
profound research into the foundation and support
Of the doctrine of the common Law, in its applica-
ton to our system of jurisprudence, that he might
md wherewlthal to override it, Pronounced the
difference which existed, in regad to the form
and manner of trial OF Principals and Accessories
before the fact, a relic Of the Urcise refinement
Of ancient times" and suggested that the Leg
islature would probably afford remedy for future
cases" The unsounGness of rue, which, how
ever plausibly it may be SUSTAINED by reasoning
IN the abstract, that there can lie no Accessory
without Principal, and that thee is no Principal
until conviction, yet practically las bearing only
towards lmpunity for crime, cannot but be appar-
emit Its effect may be, and often has been, to dis
charge one guilty man because mother eludes JUS
tice. Successful concealment, or escape, death
by the visitation of Providence, or an act of self
violence, may prevent CONVICTION of him who
might be the weak and tempted instrument of
another in the commission of crime, and the con-
sequence is entire immunity to the prohgate and
abandoned contriver and Tstigator of the wicked
ness. Nor is the rule Itself we'll supported by the
only reason on which it rests. Innocence is not
thereby better guarded from peril. There may be
less safety to the accused from this very course
OF proceeding When deeds of rare and dreadful
atroclty are perpctrated and the public mind be-
comes greatly excited, the trial of supposed Prin
clPal may be precpitated or unconscious!y prelu-
diced, in an honest zeal to reach the guilty
accessory. But to the accessory there can be no
increase of danger from his previous trial to that of
the principal. He cannot be convicted, without
proof of the guilt of both, and doubt to the par
tlclpation of either, in the imputed offence, will
sufficiently avail to his security. So satisfactory
IN recent times, the objections to the Law in
that country whence we derived it, that an act of
Parliament was passed in the last reign, for
its alteration, and now, IN England, by the 18th
George 4th, he who hires or procures felony to
be committed may be indicted and convicted,
either accessory before the fact TO the princ-
pal felony, together with the principal Feon or af
ter the conviction of the principal Feon or may
be indicted and convicted of substantive felony,
whether the principal Felon shall shall not have
been previously convicted, shall or shall not
be amenable to justice" The well known cir
cumstances OF the transaction to which have al
luded will furnish to your minds the best illustra-
ton of the reasons for passing a similar statute
here. l submit it to you, respectfully, that it
should not be the reproach of an enlightened com
monwealth, in liberal age, that it became the
4
prudence.
The importance to the community of prompt.
able, and efficient administration of Justice will
always secure to any proposition by which it is de-
signed to be facilitated, a favorable attention 1t
has, of late been subject Of very general and lust
remark, that the increased business of the Supreme
Judicial Court has occasioned severe pressure on
time for its regular and convenient transaction,
and imposed upon the judges oppressive labor in
the discharge of their duties. In both these re-
spects, apprehend, much relief might be afforded
and great advantages every way produced by trans
ferring the criminal jurisdiction, except only in
capital cases, to the Court of Common Pleas
When it is considered how that tribunal now is
and always may be, composed of men of talents
| learning and sound discretion, ENJOYING the full
confidence of the people, there can be no distrus
that, from such change, there would still remain
the same security to innocence, and like certainty
OF the just conviction of guilt The criminal code
from its object, and in the very nature of our in
situations, is plain and simple and easy to be un-
derstood, rarely giving occasion in the application
OF its principles to facts, in the proceedings upon
trials, to new subtle and difficult legal questions
Should these occur they may be referred upon
Exceptions, Report of the Presiding Judpe for
consideration and ultimate decision to the highest
tribunal. 1t is also to be regarded that the Grand
and Traverse Juries are now BY law constituted in
the same manner in both Courts, being drawn ty lot
TO serve in either, from the same jury boxes
Hence there would be no less Qualification or exer-
else of intelligence in those with whom would
rest the issues of fact
As an additional consideration of much weight
in favor Of the alteration the investigation of Of
fences would be more prompt, from the greater
frequency Of the terms Of the Common Pleas. The
accused, not unire4uently now, are confined for
period of six months, waiting the Circuit of the
Supreme Court, for opportunity for trial To the
innocent, this Imprisonment, in many cases. is
scarcely less severe than the punishment inflicted
upon crime, while to the guilty it metes out no
measure of atonement, and offers no aid to reform
To the State also the Treasurer's accounts will
exhibit, it is attended with great and TO any pur
pose bat compliance with the law, as it seems to
me most gratuitous expense. The terms of the
Common Pleas are held with intervals of half the
time, and from the information which have of the
sittings, and Of the duties THE Judges faithfully
and viglantly performed as they are, the additional
assignment of the criminal business would not con-
stitute an unreasonable requirement of service.
BY this arrangement, the Supreme Court would
be spared much of that time which is SO greatly
needed for the trial OF civil causes. With the
original and exclusive jurisdiction of the numerous
classes of cases in which the punishment is i'm
prsonment in the State Prison, no inconsderabIe
portion Of each term in the large counties, is oc
cupied in criminal trials, and with the imperative
duty of delivering the Jails, these trials oe greatly
interfere with the business Of the whole Court on
the Law Circuit. Grand and Traverse Jures are
also assembled Immediately upon the dismissals of