Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1821-01-02

and is positive it is an unnecessary i'm
position Oh the public--more grating on
many than the payment OF all their taxes.
Good policy forbids the frequent chang
ing Of laws, particularly systems, and
none more so than the court law How
ever, there is nothing to prevent the re-
vision alluded to, but to repeal that SEN
tence which requires the clerk to appor-
ton his suits SO that the witness is re-
CURED to attend on particular day
Every days practice shews that the in.
diligence intended is often, if not always
defeated, by the unforeseen progress of
suits, which vary as much as the differ.
ent countenaDces of man, by different
occurrences, which cause some to con-
ilnuc from term to term of course
some discontinued, others put at the foot
OF the docket, &c. 1t may be thought
that too much has been said on this sub
iect. 1t is apity that there is occasion
10 say any thing about ii at all. NOTHING
but legislative interference will give r.
llef from this calamitous plactice---A
practice it is, as there arc nc laws s.
down to justify it. Should it be redress
ed, it will save an imposition Of som
thousands annually in this state.
We certainly enjoy that kind of a pub
nc government next to perfection; bu,
The nature Of man is to be carried by h.
passions to many irregularities, whic
tend much to his individual disadvantage.
as well as to the public loss--none more
than those SO often engaged in law sui,
AID often, too often, in fruitless, mai;
ci9 S, and spurious prosecutions, and
course defsnces on what is denominateo!
Estate business" undoubtedly. The law
Should not encourage prosecutions Of the
above description, which, with due re-
spect, the writer thinks is not properly
handled By the present law, as will be
seen in the fifth section Of the law i" de-
lining the duties OF prosecuting attor-
noys,' as it certainly gives them too
much encouragement 10 impose on the
hh"ary and ignorant grand iurics to &C
cuHlulate the number Of Intestine nts,
particularly thai sentence which allows
them five dollars where the accused S
not found guilty by the Jury. In times
when money is scarce, would not the So
larry be sufficient, and save the public
expenses Would not a revival Of the
old law answer salu AIRY purpose by re-
| curing the poscrutor,o endorse the in
dictmcni--always to leave il to the dis
cretion OF the court 10 direct the prose-
cutting attorney TO back tie indictmch
when the appearance OF the crime re
qaired it, and never put the cost or liz.
prosecutor but when tie same was OF
malicious kind. During the term of Tie
circuit court before the last, in the couu-
ties of Madison and St. Clair there were
an extraordinary number Of ndictm cnts
lounSl--many found to be ,riiling. The
men attorney general prosecuted, anc
received considerable which
gave uncasiness to the writer of these,
having good opinion ofAim as lawyer,
and an honest man, founded on a long
acquaintance and friendly intercourse;
which occasioned the writer 10 converse
with several of the members of the be-
fore mentioned juries, who were men Of!
good sense and morals, and they acquit-
ted the attorney general Of the charge. 1t
is cer,ain!y bad policy to have an induce
ment in the law for officers to excite H.
tigous suits, for or against the state. 1t
is well known and felt that we pay taxes
with difficulty, and we expect that all
who receive the benefits of our public
money should faithfully, rigidly, and ho-
nes,ly render such services as they are
required to do by law, TO the best Of their
abilities and powers, an observance OF
which our government ought strictly and
rigidly enforce-inore especially in our
state infancy, we ought to shew exam