Autobiography of Seventy Years, Vol. 1-2Hoar, George Frisbie
History
Autobiography of Seventy Years, Vol. 1-2
Hoar, George Frisbie
United States -- History -- 1865-1921; United States -- Politics and government -- 1865-1900
I declined a reelection and devoted myself to my profession,
except that I served in the Massachusetts Senate one year,
1857, being nominated unexpectedly and under circumstances
somewhat like those which attended my former nomination. I
was Chairman of the Judiciary Committee that year. I devoted
all my time, day and even far into the night, to my legislative
duties. I was never absent a single day from my seat in the
House in 1852, and was absent only one day from my seat in
the Senate, in 1857, when I had to attend to an important
law suit. It so happened that there was a severe snow storm
that day, which blocked up the railroads, so that there was
no quorum in the Senate. I could not myself have got to the
State House, if I had tried. I suppose I may say without
arrogance that I was the leader of the Free Soil Party in
each House when I was a member of it. In 1852 I prepared,
with the help of Horace Gray, afterward Judge, who was not
a member of the Legislature, the Practice Act of 1852, which
abolished the common law system of pleading, and has been
in principle that on which the Massachusetts courts have acted
in civil cases ever since. I studied the English Factory
legislation, and read Macaulay's speeches on the subject.
I became an earnest advocate for shortening the hours of labor
by legislation. That was then called the ten-hour system.
Later it has been called the eight-hour system. I made, in
1852, a speech in favor of reducing the time of labor in factories
to ten hours a day which, so far as I know, was the first
speech in any legislative body in this country on that subject.
My speech was received with great derision. The House, usually
very courteous and orderly, seemed unwilling to hear me through.
One worthy old farmer got up in his seat and said: "Isn't
the young man for Worcester going to let me get up in the
morning and milk my caouws."
When a member of the Senate in 1857, I was Chairman of the
Judiciary Committee. I made a very earnest and carefully
prepared speech against the asserted right of the jury to
judge of the law in criminal cases. It is a popular and specious
doctrine. But it never seemed to me to be sound. Among others,
there are two reasons against it, which seem to me conclusive,
and to which I have never seen a plausible answer. One is
that if the jury is to judge of the law, you will have as
many different laws as you have juries. There is no revision
of their conclusion. They are not obliged to tell, and there
is no way in which the court can know, what their opinion
was. So a man tried on one side of the court-house may be
held guilty, and another man tried on the other side of the
court-house may be held innocent for precisely the same act.
Public-domain text, read in full here on John Shaqi.
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