American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1825-11-18
LETTER III.

LETTER HI.
There are three other points to be touched upon
relative to the administration of justice These will
form the third question head for brief animadver
sion. The reader will observe that these Letters de
not run into ampli6catons, but are merely intended
to set the people to thinking upon The subject.
The first of these points is the condition OF the
minor magistracy, and the prevalent practices in
the collection OF small debts.
Justices Of the Peace, perhaps, in majority Of
the States, are compensated by lees; and these ma
gistrates are not always selected from the ndepend
ent class Of society. Many OF them gain their v
ing from the emolumenls Of their Offices They
have, there fore, personal interest in multiplying
and extending process, SO ns to increase thelI
income; which is d temptation that ought to b,
avoided Another evil arises from this personal in
terest Of the Justice of the Peace. The mulupiica
ton of his business, and, Of course, the amount
his fees, depend in great measure, upon The in
cllnations oil The constabes; and, consequently, L
court and keep their favour, needy and avaricous
Justice will be too apt TO be controlled ny them
This puts il in the power of The constablcs TO be
very oppressive, and has tendency to screen them
IN those instances where they behave amiss. AS i
is the poorer class Of citizens who are mostly sub
ect to the jurisdiction of Justices court-those
in fact, who, by the purse least able to maintain
the liability to imposition is the greater, and ough
to be obsiated by restrictions Of positive law, very
scrupulous choice of individuals entrusted with tn,
important duties Of Justice Of the Peace, and pro
vision for their greater independence OF mind !
is believed that many of these Magistrates mistak,
the real nature Of their Office. They seem to thinl
that all they have TO do is vigorously to enforce tau
and forget the injunc,lons Of equity. Justice o
the Peace, in my opinion, is bound to use his bes
= m nar tn allata ftIenn IN
press litigiousness and in every instance, 10 Undue
parties TO just matlersin an amcable manner, an
al the least possible cost. IL is by such conduct on
that he can entle himself TO the denomination whic
! he bears, and be truly considered Justice OF tn
| Peace.
| The second point for remark, is the practic
which, in some parts OF the Union, is permitted ,
| constables oil purchasing accounts from shop keep
ers and others, and buying the super sedeas, upon
stay Of execution, at discount The obvious e
ects of this is the accumulation oil fees upon dc
PENDANTS, already sufficiently burdened by the pre-.
sure oil debt. AS the constable subslss by the pro
its OF his vocation, he will naturally strive TO max
the most otit. Upon accounts bought, he will forth
with procure warrants; and upon judgments supe
seeded, he will hasten execution so that the fec
may equal, il not exceed the original debt. III
office of constable, it may be peitinently Observer
has fallen into dsrepuie particularly, il is believe,
garded in light loo degrading. Properly We've
it is respectable situation and If it were besowe
on none but men of good qualities and capacity II
Office would be rescued from the unmeriled conem
in which it is held, and the community would
benefited.
The third point for observation, is the long COZ
inement OF those who are arrested for offenc,
! against the laws, before they are brought 10 tia
The Imprisonment is sometimes extended 10 near
! six months IL the accused be acquitted, he
:, simply discharged Is this Justice2 All imprso
ment of the body is punishment and where an a
b qunsa ensues. the party has been punished witho
guilt, and is left without remedy Tor his suffering
Q and loss OF time. Government, to be sure, cam
remunerate ali persons placed in This predicaraen
Il that would be beyond its means but it can exped
the trial. There should be courts established 10
offenders instanter, or as soon the evidence c
! be collected. The delay of justice is actually
justice, especially to one that is innocent. 1t is trl
y bail is admitted, except in extreme cases But
:, rest person on charge of crmnality, and there
e stamp his character with mark oil suspicion,
} seize him at distance from his home, and il v
q, not be easy for him to get bail. Besides, spee
a. punishment is we'll calculated to prevent onens
IN from being committed.
at / conclude with additional remark that /
IL administration o. justice would be extensively D
d, NOTED it some method could be devised 10 give
n celebrated currency and validity to the legal proc
ne OF one State throughout another. Might not /
ey be readily consummated by the State Legislature
en- All that would be necessary, would be Tor them
pass precisely the same act uron the subject