The Southern Literary Messenger, Vol. I., No. 8, April, 1835Various
General
The Southern Literary Messenger, Vol. I., No. 8, April, 1835
Various
American literature -- 19th century -- Periodicals
In Massachusetts, are some very striking peculiarities. The _supreme
court_, consisting of four judges, sits once a year _in each county_,
to decide questions of law, in the last resort. Some one of these
judges, besides, holds annually a _Nisi Prius_ term in each county, to
try appeals from an inferior grade called "courts of common pleas,"
original suits in chancery, and upon the bonds of executors and
administrators. The appeals to them from the common pleas, are _as to
both law and fact_: a jury being empanneled, witnesses examined, &c.,
as if it were an original proceeding. The latter courts are held twice
a year in each county, by some one of four judges; who hold office
(like those of the supreme court) during good behavior. They have
cognizance of all causes, except what I shall designate as vested
elsewhere.
Presentments and indictments for all offences, are found only in the
_common pleas_; where, also, they are tried--_except in capital
cases_. These, after the indictment is found, are certified and
removed from the common pleas to the _supreme court_; at whose bar the
culprit is tried by a jury: a special term being held on purpose, in
any county where the judges are notified that a prisoner awaits trial
for life or death. _En passant_--though _eight crimes_ are, by the
laws of Massachusetts, punishable with death, _only twenty-six
persons_ in the whole state have been capitally convicted, _in thirty
years!_ The number of trials (I do not exactly remember it) bears an
immense disproportion to the number of convictions: so immense, as to
prove that either an undue severity in the laws, or the unreasonable
and too common lenity of juries, aided by the overwhelming superiority
of defending advocates--or (what is most probable) all three causes
together--have well nigh made those laws a dead letter. Prosecutions
are conducted by _district attorneys_, of whom there are four in the
state; each prosecuting within his allotted district. In the supreme
court, however, the attorney general is counsel for the commonwealth.
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