to await the opinion of Parliament. This has the effect of
negative words, excluding all other treasons. As we drop
that part of the statute, we must, by negative words,
prevent an inundation of common law treasons. I strike out
the word 'it,' therefore, and insert 'the said cases and no
others.' Quaere, how far those negative words may affect the
case of accomplices above mentioned? Though if their case
was within the statute, so as that it needed not await the
opinion of Parliament, it should seem to be also within our
act, so as not to be ousted by the negative words.

***** This implies 'by the neck.' See 2 Hawk. 444, notes _n.o._

If any person commit petty treason, or a husband murder his wife, a
parent his child,* or a child his parent, he shall suffer death by
hanging, and his body be delivered to anatomists to be dissected.

* By the stat. 21.Tac. 1. c. 27. and Act Ass. 1710, c. 12.
concealment by the mother of the death of a bastard child is
made murder. In justification of this, it is said, that
shame is a feeling which operates so strongly on the mind,
as frequently to induce the mother of such a child to murder
it, in order to conceal her disgrace. The act of
concealment, therefore, proves she was influenced by shame,
and that influence produces a presumption that she murdered
the child. The effect of this law, then, is, to make what,
in its nature, is only presumptive evidence of a murder,
conclusive of that fact. To this I answer, 1. So many
children die before, or soon after birth, that to presume
all those murdered who are found dead, is a presumption
which will lead us oftener wrong than right, and
consequently would shed more blood than it would save. 2. If
the child were born dead, the mother would naturally choose
rather to conceal it, in hopes of still keeping a good
character in the neighborhood. So that the act of
concealment is far from proving the guilt of murder on the
mother. 3. If shame be a powerful affection of the mind, is
not parental love also? Is it not the strongest affection
known? Is it not greater than even that of self-
preservation? While we draw presumptions from shame, one
affection of the mind, against the life of the prisoner,
should we not give some weight to presumptions from parental
love,