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

3
Supreme Court, it should be vested, with the
ception before suggested, erclilsiuely in the Com
mon Pleas. This only could prevent interference
with the civil business of the higher Tribunal, and
save the occasion, most generally either of Grand
err Traverse Juries, at the law sitings To pro-
vide for the trial of Capital Cases at these terms
it might be required of the Sherifs of the respec-
tive Counties to certify commitments for such Of
fences, to the Chief Justice, who tbereupon would
give order TO the Clerks for issuing the proper
yenires for the attendance of Jurors. MAY it not
also be worthy of inquiry, whether still further
benefit would not result to the community from
enlargng the final jurisdiction of the Common
Pleas in Ctril Cases by increasing the sum which
now restricts the right of appeal. This would
have a tendency to advance the usefulness and re-
speciality of that Court, while it would keep from
the docket of the Appellate Jurisdiction. many
cases of less pecuniary importance than the costs
incurred in their litigation.
On former occasions | have earnestly pressed
upon the attention of the Legislature. the claims
of the impoverished and unfortunate to an ameli-
Grafton of the laws which subject the person to
imprisonment for debt. Increased information
and greater lberality in public sentiment on this
subject, encourage the hope that some measure of
alienation will now be adopted. Experience has
abundantly proved how utterly unavailing is this
species of coercion to the collection of debts. 1t
may well be feared that resort to it, in many in
stances, not only results in showing the incapacity
but in destroying also the very inclination to make
payment. Deep, extensive, unalleyiated distress
is the consequence of the Imprisonment of the
honest poor and with the prvatons of restraint to
the debtor, often times mingled the keenest
suierings of tender and helpless families in want.
Wise and provident legislation will make the dis
tinction between inability and fraudulent conceal
ment, and while it will secure to the former the
indulgence due to involuntary misfortune, it will
punish the latter with severity merlted only by
deliberate, moral transgression. In the discussions
which have been had before the public, various
modes of relief have been proposed. But that
which consists in extending exemption from arrest,
to much larger amount of debt than at present,
and IN all other cases, substituting security tor the
appearance of the debtor to submit to an examina-
ton, for Imprisonment previous to an opportunity
for showing his right to a discharge, appears to
have been most favored. These simple pro-
visions, and do the least violence to former opin-
ions and accustomed habits of business. If moro
than this, in your Judgment can practically be ac
complished without weakening the salutary re-
straints upon improvdent Credits or impairing the
motives to faithful endeavors in the fulhlment of
contracts, it will meet from a ready and most
cordial approval.
BY the constitution and laws, the civil functions
OF the Chief Magistrate are intimately associated
with an attention to the Military Department of
the Commonwealth, and it is no less his duty to
make the situation and wants of the latter subject
OF Official communication whenever occasion may
require. The abstract of the last Annual Returns
gives aggregate of 40 $50 enrolled men, The
class of our fellow citizens never be passed
UNDECIDED, or be lightly treated. | have learnt
with much regret that the law of the last Legis-
lature, on the subject of military duties and ex-
emPtions, has failed to produce the satisfaction
which was hoped from its enactment. While
some of its provisions have proved highly saluta-
ry, others are practically defective and have re-
ceived various and opposite constructions. The
law is thus rendered uncertain and unequal in its
operation, and complaints of the whole system of
or mi zatI opIl ii,
ling as you do with those who are called to the
performance of this service, and some of you
doubtless engaged in its duties, and collectively
here representing the situation and sentiments of
the People of every part of the Commonwealth,
may best appeal to your own observation for A
knowledge of the well founded objections which
exist, and to your regard for Constitutional duty
and your love of Country in determining the man
ner in which they may be obviated. Bat it should
be borne in mind that no system of mere obliga-
tons will ever be found altogether acceptable
The demand of personal service, like that of pecu-
MARY taxes is exaction of contributions to the
public good. Although it may very Justly be re-
garded burden, yet it is necessarily made the
price of civil and social security. That the Militia
System, however, is unreasonably onerous cannot
be controverted. Some palliatives may be afford
ed by State Legis lation. But the remedy les
not here. 1t is time this matter was better
understood. The radical defect is beyond and
above all State Legislation. Effectual relief rests
only with Congress. The Constitution of the
United States has placed there expressly and en-
clttSirely the power of organizing, armng and dis
ciplnng the Militia, and it is to this organization
under an authority exercised almost forty years
since, that we may refer, for the true ground of
most OF the complaints which are now considerable
~ uttered. Can it be thought strange, that law of
Congress passed in 1872, when the population of
the country hardly exceeded one third its present
amount, should be found inappcable. through all
the subsequent changes of circumstances and time
TO the condition of the People; and yet il is BY
the unrevised and unmodfed provisions of an act
oil Legislation of that year, that, to this day enroll
ments are made, and the Militia organized. Let
appeals on this subject, henceforh, be directed to
Congress, with the earnestness and force, with
which, in overlooking that only competent authori-
ty, they have hitherto been addressed to the State
Legislatures, and there might soon be- not only
correction of existing defects, but well adapted
system and with at least much efficiency of or
ganzed force, better satisfied Militia. But while
the paramount laws of the National Government
remain unchanged, little can be done by State
Legislation to conform the requirements of service
to public sentiment, and at the same time preserve
in sufficient vigor and capacity for usefulness, an
institution so important, as in the very frame of our
Republican Government to be declared d" necessary
to the security ofG Free State"
1t becomes my duty to inform the Legislature
that vacancy has been occasoned in the Execu-
tive Council BY the appointment of the Hon. Joseph
h. Sprague. to the Office Of Sheriff of the County
Of Essex
have thus, Gentlemen, presented to your at
tention numerous leading subjects of interest in
the local concerns of the Commonwealth. In doing
this, have endeavored to confine myself within
the strictest limits of official duty and have aimed
only to treat of matters of business plainly, and
with the explicitness necessary to be understood
IN the communication. l regret the great leGath
to which this Address is extended, but the impar-
lance of the subjects will, trust justify tho notice
they have received. There is no space left, with
out trespassing too far upon your indulgence, for
particular reference to more general TOPICS Nor
is this indeed necessary. Upon the momcntous
questions of National concern, which now agitate
the public mind, the voice of Massachusetts has
been heard in her recent Elections. The People.
for themselves, have proclaimed their firm and un-
alterable attachment to the Federal Union, and
their regard for the supremacy of Constitutional
law over sectional interests and passions They
have given their votes to the support of that sys-
TEN of policy, which consists in ACCOMPLISHING
measures of Internal Improvement PROTECTING and