Massachusetts
place · 6 works · 21 mentions · 27 anchored passages
a Massachusetts case · the State of Massachusetts · this Commonwealth
in the texts
The Law of Torts
American jurisdiction whose courts, especially through Chief Justice Shaw, originated reasoning later adopted into English law.
A better account was given by Chief Justice Shaw of Massachusetts.
for the like result was a few years afterwards arrived at by Chief Justice Shaw of Massachusetts by another way, and in a judgment which is the fountain-head of all the later decisions, and has now been judicially recognized in England as “the most complete exposition of what constitutes common employment”.
In the United States the doctrine laid down by the Supreme Court of Massachusetts in Farwell’s case has been very generally followed.
The Genius of the Common Law
American state offered as an example of a more elaborate procedural scheme, compared to the English Common Law Procedure Acts.
Phelps described to me many years ago, to the more elaborate scheme of Massachusetts, resembling in a general way that which satisfied our courts in England, under the Common Law Procedure Acts, from 1852 to 1875.
The ravages of the gipsy moth and the brown-tailed moth have been the cause, it seems, of administrative enactments in Massachusetts which perhaps only strict necessity can justify.
The settlers of Massachusetts refused to admit any authority but that of their own enactments, tempered by a general deference to ‘God’s word,’ meaning thereby the text of the Mosaic law:
Construction Construed and Constitutions Vindicated
One of the original states whose constitution is quoted to show that the term 'state' consistently denotes a sovereign, self-governing political society.
The people of this commonwealth have the sole right of governing themselves as a free, sovereign and independent state.
71 and 72, it is said, “that many of the best informed men in Massachusetts, had perhaps adopted the opinion of the parliamentary right of internal government over the colonies, that the English statute book furnishes many instances of its exercise;
A judicial power, though under the obligation of an oath, paid by the king of England, was justly considered in Massachusetts, as an outrage upon the principles of justice and liberty.
Lectures on the Relation between Law and Public Opinion in England
American state named as the place where the abolitionist spirit associated with Garrison is said to have faded.
The spirit of Garrison seems to be dead in Massachusetts.
A rule accepted in Massachusetts, no less than in England, could not be attributed to antidemocratic sentiment, but it excited frequent protests from workmen.
An Essay on the Trial by Jury
A U.S. state whose statutory juror qualifications or selection method are surveyed as part of the author's state-by-state argument that American juries are generally illegal.
In Massachusetts, the inhabitants, by vote in town meeting, can strike out any names inserted by the authorities, and insert others;
In Maine, Massachusetts, Vermont, Connecticut, New York, Ohio, Indiana, Michigan, and Wisconsin, certain civil authorities of the towns, cities, and counties are authorized to select, once in one, two, or three years, a certain number of the people—a small number compared with the whole—from whom jurors are to be taken when wanted;
A similar question was soon afterwards propounded to the persons drawn as jurors in the United States Circuit Court for the District of Massachusetts, by Benjamin R.
The Unconstitutionality of Slavery
Cited as an example of a free state's disproportionate contribution to the common defense during the Revolutionary War.
Did Massachusetts—who during the war of the revolution furnished more men for the common defence, than all the six southern States together—did she, immediately on the close of that war, pledge herself, as the slave holders would have it, that she would lavish her life in like manner again, for the defence of those whose wickedness and tyranny in peace should necessarily multiply their enemies and …