The Massachusetts spy, or, Thomas's Boston journal. [volume], February 24, 1774, Image 1

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

Image provided by: Boston Public Library

                
8. X |hm|
Wraw rawtawt
A Weekly, Political, and Commercial Paper :—Open to all Parties, but Influenced by None.
‘DOthou Great LIBERTY inspire wr Souls.—And makeor/r Lives in thy Poffeflion happy, Or, our Deaths glorious in thy just Dr >c*.
Vol. lII.]
For the MASSACHUSETTS SPY.
Mr. Thomas,
Jnyour lafi Spy I observe you favoured the pub
lic 'with the copy of a commifion, granted by ■
the High Court of Admiralty of England, to
Jared Ingersoll, Ejq\ of Philadelphia, taken
from the Pennjylvania Journal, with the pro
mise of a letter, published in Philadelphia, on
the jubjed .• Since your said publication it has
been observed by many in this town, that we
have nothing to do with the commifion of
Judge Ingersoll, as that of Judge Auchmuty,
it not of the fame tenor. It therefore becomes
inform the public that ;udge Auch
muty's commijfion is of the Jame date, the Jame
salary, and a verbatum copy of Judge Inger
soll's with this disf erence only, judge Auch~
muffs didrid is the provinces of the Mafiachu-
Jetts, Ntw-Hampjhire, Rhode-JJland and Con-
nedicut.
The powers granted by the High Court of
Admiralty of England to their deputies in the
colonies, being so great and of such an alarming
nature, it is highly neetjjary the whole commu
nity, nay the whole continent, Jhould be acquaint
ed therewith : Therefore beg you will favour
the public in your next with both cimmficn
and letter ; together with the oath oj ofice, &c.
’ indorced thereon, of which the following is a
copy that the whole may be seen m one view and
dij canted upon with that freedom the nature
and importance of the Jubjed requires.
An AMERICAN.
SEORGE the third by the grace es GOD, of
Greaußriuin..France. and. Ireland, King,
Defender of the Faith : To all and lingu
lar our officers and other our liege fubjeds
whomsoever, in and throughout our king
dom of Great-Briiain, and other our fo
reign plantations, colonies, and dominions;
and to all persons in general, whom these
presents may concern, but more especially
to our beloved Jarmo Ingersoll, Esq;
greeting.
BE IT KNOWN, That WE, for good
and fufficient caufbs us thereunto movin. ,
have eftabliihed, and do, by theie presents, es
tablish a Court of Vice Admiralty, at Phila
delphia, in North-America, to have original
jurifdidion in all causes arising within die
limits of our colonies of New-York, New-Jer
sey, Pennsylvania, the lower Counties on De
laware, Maryland and Virginia, and within
three leagues of the Ihores thereof, Ihe laid
Court to have also original jurifdidion in all
causes arising from the capture of Ihips, be
tween the latitudes of forty-one degrt's and
thirty-fix degre. s fifteen minutes north ; or of
flhips, whole port of detonation Ihall be within
either of our said colonies ; the laid Court to
have also jurifdidion in appeals from the
Courts of Vice Admiralty ettabiilhed, or to be
ettabiilhed within either of our colonies before
mentioned.
AND BE IT ALSO KNOWN, That we
confiding very much in your learning, honesty,
fidelity, circumfpedion, andinduftry, DO, by
these presents, make, ordain, constitute, and
appoint you, the said Jared Ingersoll,
Eiquire, to be Judge of the said Court of Vice
Admiralty, elUblifhed at Pniladelphia afore
faid, under the ibie and title of JUDGE
C 0/1 MISS ARY, DEPUTY and
SURROGATE of the Court of VI C E
ADMIRALTY of Philadelphia,in North-
America, with original jurifdidion in all
causes arising within the limits of his Majesty's
colonies cf New-York, Ncw-Jerfey, Pennlyl
vania, the lower Counties on Delaware, Mary
land, and Virginia, and within three leagues
of t. e ihores thereof; and also, with original
jurifdidion in all causes arising from the cap
ture of ships, between the latitudes of forty-one
degrees and thi ty-fix degrees fifteen minutes
north, or of (hips, whole ports of detonation
Oral I be within either of the laid colonies ; also,
with jurifdidion in appeals from the Courts of
Vice Admiralty, cftabliihed or to be eliabliihed
within either of tne laid colonies: Saving al
ways a right to any or citherof the parties, who
shall think himlclf or thcmklv<s aggrieved, by
such Vice Admiralty Court at Philadelphia, in
the firtt miiance, o. on an appeal to luch V ice
Admiralty Court, elUblilhed at Philadelphia,
io appeal either to us in Council, or to our
•. Lgn Court of Admiralty of England; and
» »m thence to our High Co :rt of Delegates,
. iual; and laving likewise, all otner the
Or, Thomas’s Bolton Journal.
THURSDAY, February 24, 1774.
rights of our High Court of Admiralty of
England.
AND WE DO hereby give, grant, and al
low, to the laid Judge, an annual salary of fix
hundred pounds, to be paid, in .he firjl place,
•ut of the moiety money artjing from the penalties
andforfeitures, to be levied witiiin the ia.d co
lonies and plantations ; and f that fund Ihall
not be fufficient, out of the money anting from
the sale of old naval Hores.
AND WE here, y expreisly enjoin a:.d com
mand you the lad Ju ge, upon pain of losing
your office, not to cake any fee, or gratui.y
whauoever, for any judgment given, or buli
nels done iu your laid court.
ANu W E DO hereby -ommit and grant to
you the laid j ared Ingersoll, our power
and au. horny to take cognizance of, and pro
ceed in all caujes, civil and maritime, and in
complaints, conn a,is, ojjcnces, or jujpedtdofences,
crimes, pleas, debts,exchanges, policies of inJurance,
accounts, charter parties, agreements, bells of
loading of ships, assail makers and contracts,
which, in any manner waatfoever, relate to
freight due for jhip hired and let out, transport
money, or maritime U/Ury, odterwife bottomry ;
or which do any wife concern faits, trejpaffes,
injuries, extorttons, demands and ajfairs, civil
and maritime, whatsoever, between merchants, or
between owners and proprietors of jhips, or other
vejjels, and merchants or other perJons whomsoe
ver, with juch owners and proprietors oj Jhfs ;
and all other veliels w.iauocver employed or
tiled or, between any other perlons howsoever
had, made, began, or contracted for any mat
sw, cause or cniiig bufinds or injury whatsoe
ver done, or to be done, as well in, upon, or
by the La, or public iireams, or fielli water,
{sorts, rivers, creeks, and pla. es overflowed what
bever, within the cubing and flowing ofthefe/,
or hign water mark, a upon any of the Ihores,
or banks adjoining to them, or either of them,
within t .e limns and diflnds before-mentioned,
together wiui ail and lingular their incidents,
emergencies, depe .ucncies, annexed and con
nexcu cauies whadoever ; and such causes,
complaints, contracts, and other the premises
above-laid, or any of them, howsoever, the
lame may happen to arile, be contrasted, had,
or done, to near and determine the fame at
Philadelphia at ore aid, (according to the cfvil
and tome laws and customs of our High
Court of Admiralty of England) and to pro
ceed judicially and according to law in admi
nillenng jmtice therein.
ANi> MUkEDV ER, to compel witntjfes (in
case they withdraw thumLlves, for imerett,
fear, favour, or ill-will, or any other cause
whadoeve ) to give evidence to the truth, in
all and eveiy Cue cauies above-mentioned,
according to tne exigencies of the law ; And
further, to take all manner of recognizances,
cautions, obligations, and topulations, as well
to our use, as at t>e inflame of any parties for
agreements or debts, and ocher cauies and bu
finefle whatsoever, and to put the fame in ex
e.ution, and co cauie and command them to be
executed : Alio, duly to search, and enquire
of, a..d concerning all goods of ti aitors, pi
ra es, manilayers, felons, fugitives, and felons
of themklves, and concerning the bodies of
pei ions drowned, killed, or by any other means
coming to their death in the sea, or in any
pons, rivers, public flreams, or creek, and
places overflowed ; and allo, concerning may
hem, happen! in the aforefaid places ; and
allo, concerning engines, toiles, and nets, pro
hibited and unlawful, and the occupiers there
of.
AND MOREOVER concerning filhes roy
al, namely whales, nggs, grampufles, dolphins,
flurgeons, and all other filhes whatioever,
which are of a great, or very large bulk, or
fhtnels, by nghc or cuilomary ways used be
longing to us, and the office of our High Ad
miral of England, and also, of, and concerning
all caluakies at sea, goods wrecked, flotzon,
jetton, lagon, things call over-board, and
wreck of tne lea, all goods taken, or to be
taken as derelid, or by chance found, or to be
found or forfeited, and of forfeitures, trelpai
le-, mildemcanors, onenccs, enormities, and
maritime crimes whadoc.er, done and com
■nuced, or to be done and oommitted, as well
to an 4 upon the high icas, as all rivers,
ircih waters, and creeks, and Ihorus, of the La,
tu high-water mark, from all firli bridges to
wards the sea, in and throughout the limits
and dutrUt arorcfaid, and maritime coals taere ,
unto belonging, howsoever, whensoever, or by
what means soever, arising or happening, and
all fu< h things as are difeovered and found; and
as also all fines, mulds, amercements, and com
positions due, and to be due, in that behalf,
to tax, moderate, demand, colled and hvy,
and to cause the fame to be demanded, levied,
and collected, and according to law, to com
pel and command them to be paid ; and also
to proceed in all and every the cauies and bufi
nciics above-recited, and in all other contrads,
cauLs, contempts and offences whatfoever,how
foever, contracted, or arising, if the goods or
persons of the debtors may be found within the
jurifdidion of the vice admiralty, eliabliihed at
Philadelphia, aforefaid, according to the
civil and maritime laws and cufloms of our said
high court of admiralty of England anciently
uled, and by all other lawful ways, means
and methods, according to the belt of your
(kill and knowledge ; and all such causes
and contrads, to hear, examine, difeufs,
and finally determin* ; and allo to arrelt,
and caiHc and command to be arretted, all
Ihips, persons, things, goods, wares, and
mcrchandi es, for the premifos, and every of
them, and for all other causes whatsoever, con
cerning the fame, wheresoever they Ihall be met
with, or found within the limits and dittnd
aforefaid, and to compel all manner of persons in
that behalf, as the case Ihall require, to appeal
and to answer, with power of ujing any temporal
coerfion and of infli ing any oiher penalty r
muld, according to the laws and cuttoms afore
faid and to do and adminitter juflice, accord
ing to the right, order, and course of the law,
fumma-ily and plainly, looking only in the
truth of the fact.
AND WE impowcr you, in this behalf, to
fine, corred, punijh, chaftisu, and rtf rm, and tm
prifon,tind cause, and conimandto be imprisoned
in any gaUs, being within the limits alorelaid,
and martime places of the lame, the parties
guilty, and violatersof the law and jurifdic
tionofour admiralty aforefaid,& ufurpcrs,dil n
quents and contumacious abknters, matters of
Ihips, mariners, rowers, fi(hermen,y6;/-wr?4ft,
andother workmen and artificers whomfoever,ex
ercafing any kind of maritime ahairs, as well ac
cording to the afore-mentioned civil and mari
time laws, and ordinances and cuttoms afore
faid, and their demerits, as according to the
ttatutes and ordinances aforefaid, andthofe of
our kingdom of Great-Britain, for the admir
alty of England in that behalf, made and pro
vided ; and to deliver, andablblutelydifcharge,
and cause and command to be difeharged what
soever persons have been imprisoned in such
cases, and are to be delivered ; and to pro
mu Ige, and interpose all manner of sentences
and degrees, and to put the fame in execution
with cognizance, and jurifdidion of all other
causes civil and maritime whatsoever, which
relate to the sea, or which, in any manner of
way refped, or concern the sea, or paflage over
the fame, or naval, or maritime voyages per
formed, or to be performed* or the maritime
jurifdidion above-1 aid ; with power allo to
proceed in the fame, according to the civil and
maritime laws and cuttoms of our aforefaid
courts, anciently used, as well those of meer
office, mixt or promoted, as at the inttance of
any party, as the case ihall require and seem
convenient, committing unto you our power
and authority, concerning all and lingular the
premises, in the leveral places above exprefled,
in the manner and under the limitations before
described ; together with power of deputing
and appointing al! such oliicers and ministers,
and depus-'S under you, as Ihall be neceiiary
for the execution of the said office, (excepting
always the regitter and marshal of the laid court,
the nomination and appointment of whom we
reserve to ourfelf, by these presents, which are
to continue only during our pleasure.)
FARTHER, WE DO, in our name, com
mand, and firmly and ttnttly charge all and
lingular our governors, commanders, juttices of
longing.thatjintheexecutionoi thisourcommiiii
on, they be, from time to time, aiding, aiiiiting,
and yield obedience in all things, as ; s ntting unto
)ou and your deputy whomioev.r, under the
pain of the Jaw for their neglect and the peril
the peace, mayoi s, focrifis, nurlhals, keepers
of all our gaols and prisons, balifts. conflabl.s,
and all other our officers and minnters, and
faithful leige 111 and throughout the
limits aforefaid and die territcrics toereunto bc
wju.fi will fall dtercun#
[Numb. i6q.
GIVEN, London* in the high court of
our admiralty of England aforefaid, under
the great leal thereof, the seventeenth day
of October, in the year of our LORD,
one thousand levin hundred andii.xty-cight,
and of our reign the eighth.
GODF. LEE. Farrant Rcjiflrar.
To the JUDGE es the HIGH COURT of
ADMIRALTY at PHILADELPHIA.
SIR,
IS HO U LD not have chosen to addrrft
you through the channel of a news-paper,
if the fubjed was no ways interefling to the
public. There is nothing I so much despise,
as the felonious robber of piivate virtue and
character, who flickers him fell'behind the prin
ter, and thence feeurely llabsin the Sark, Nor
am I pleased, when I behold the aitcntion of
the community, taken up in deciding private
differences, on the pl try disputes of individu
als. These arc generally conducted with so
much heat and tndiferetion, that each party
seems anxious only to wound the reputation of*
his antagonitt, and never thinks of defending
his own. But on the present occasion 1 mean
to address you “ under the Hile and title oj*
judge commiflary, deputy and surrogate of the
court of vice admiralty in Philadelphia.” lij
which capacity, you have a certain relation to
the public, and are vetted with certain pow n,
which every individual hathan undoubted right
to difeufs and examine. Suffer me therefore
to appeal to you for a few minutes : Not in
deed as a judge, (for I care not how little you
are appealed to in that way,) but a* a man
pofTcfled of virtue and honour.
The mod fuperficial knowledge of the Ena
g'ilh law is fufficient tofhewthe vigilance, with
which the courts of Wcttminfter-nall have al«
ways guarded against the encroachments of the
Courts of admiralty. From the reign of Richard
the second, dow n to that of James the firtt, we
find a continued ttrugglc between them. Naf
is it caly to fay whichought mott to be admired
the firmnefs and rcfolution of the one, or the
enterprise and oftinacy of the other. But in
th® reign of James the firtt, their ufurpaiions
on the courts of common law met with luch a
vigorous repulfc, that since that time, they leem
to have given up all thoughts of extendi g their
jurildiction in England. Nor have they been
oppolcd only by tne courts of common law. Il
is now above two centuries since t »e parliament
palled an ad to IclTen their power. I lie fia
tutc ofHenry the eighth enacted, that treason,
piracy, robbery, murder, felony, &c. committed
on the high lea, iliould be tried according to the
course of the common law. And the practice
is now to join one of the judges of Wcftminfter
hall in commiilion with the judge of the admi
ralty, to try thole offences by a jury. Before
the patting of this ait, a single judge was vetted
with a power of life and death : A power, ab
solutely unknown in any other branch of the
Englilh conttitution. Even in the army, a
court martial must be called, bciore a delin
quent can be sentenced to death. By the c»
Eliz. cha. 5. feet. 50, several offences mention
ed in that act, if done on the main lea, and out
of the body of any county, Ihall be heard and
tried according to the ttatuteof <B. H. 8 ch. ijj
that is, according to the couffe of common law
by a jury. And by the j. Ann. felE * eh. 9,
lect. 4. Captains ..nd manners belonging to
Ihips, anddettrojing the lame at La, Ihall be
tried according to tne itaiuie of 3s. H. 8, rhat
is, according to the courle of the common law.
From theie leveral aits of parliament, which
have thus abridged the power of tne courts of*
admiralty to criminal calcs ; and from the great
variety of determinations at common Jaw with
respect to civil actions, 11 will appear evident*
that ihe jurildiction of the courj of admiralty
in England is narrowed almod to apoinL Even
dilputes concerning captures in ume of war A
which leem particularly to fail under the coga
nizauce of the admiralty, are now, in trials oq
policies ofinfurance* frequently carneu into the
courts of Wettmintter-nall. Hence rales of
this kind are often found in tne buoksof rep< rc,
eipecially i» the more modern ones.
If then the judges and the parliament of En
gland for ages pad, have been endeavouring to
tunic, and have actually abnott aboliihed 11®
dfous jurifdidion 01 that civil-Ja cou;., and
...ave introduced in its Head tlx noble uidojr
jury: What iludl w« toufo ut itoc •Mdw