Memoir of Josiah Quincy

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Quincy to the bench of the Muni- cipal Court, in 1822, after he had been withdrawn from the practice of his profession for nearly twenty years, occasioned some surprise. But without much reason ; for the jurisdic- tion of this court was exclusively criminal, and he was known never to have remitted his attention to the best means of dealing with the suffering and dangerous classes, or to the changes made or contemplated in the crin^inal law.
He retained this place but little more than a year; ye
...t one of his decisions lias permanently connected his name with MEMOIR OF JOSIAH QUINCY. 33 the history of Law Eeform. It was in the action against Mr.
Buckingham, editor of the " New-England Galaxy," for a libel on J. N. Maffitt, a noted preacher of that day, which came up for trial in the December Term of 1822. The prosecuting offi- cer in this case had agreed to waive an advantage understood to be given him by the law as it then was, and to allow the defendant to prove the truth in evidence. But the Judge objected to this course, on the ground that, if the law of Massachusetts really and purposely excluded such testimony, the Court was not at liberty to permit its introduction merely on the plea of an agreement of parties.


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