Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-06-28

JusrIcEs OF THE PEAcE.-Much has bee
said, and too much cannot be said. respecting
the high necessity Of an ovsrturn in this State
as to tho appointment Of Justices of the Peace
Tho grievance 10 now acknowledged on al
hands to be nearly intolerable. We sin
cerely hope that tho Assembly. at its pres
snt session. either has made. or will make SOM
provision, TO remedy the gross abuses suiere,
by the citizens Of a free State, at the hands o
its officers Of justice, or rather Of injustice
whose conduct destroys all the beneficial effect
ofa republican government. For several yenr
past they have mado themselves tyrants, ant
their oppressive acts are SCARCELY or ceeded BY
the acts of Moro himself, except onlythat theil
power is not extended to the disposal Of life
though every thing dear to the people besids,
is leit by law at their disposal. pr
Be it understood, that we do not mean 81
| impeach oil Justices of tho Peace in this Stats
Of those crimes, but only majority! yes, Fel-
low citizens! however terrible the sound may
bs in your ears. we ere reluctantly compelled
to acknowledge, that q MAJORITY Of the Jus
tices in the State of Rhode Island 1--WE mean Of
those who practice) long have been. and now
are, in the habit Of committing acts in their
official capacity, Of the most fagrant and out
rsgeous injustice, and in violation Of tho laws
Of the land.
Whether this assertion be popular or unpop-
ular, we know not and care a. little; but we
do feel and know, that il is as true As il is in
dependent. We appeal to all who have deal
ing in our Justice Courts, and have been so
unfortunate as 10 appear in the capacity of de-
Jendanfs. whether they come. into court with
that confidence and assurance of success in
good cause, that they do when they are plain
tifs? This is true test to the position we
have taken. We know that no man who has
been oonversant in our Justices Courts will an
swer in the affirmative. Blu. why is this so'-
Have not all parties rights alike, and are they
not to be heard without partality on either
slider Why should not defendan, in the name
Of reason, have tho Same privileges as a
plaintiff, At the tribunal Of Justice! Is il be-
cause t1o'eld, and what ought to be, the ev-
srlasting principle and rule Of judging is revers-
ed, so that one shall be presumed guilty, till
he prove himself innocenti Let us trace out
the causs Of this strange evil, and see where
it will faeo. We will simply ask, is it not be-
cause the law is 30 framed as to admit every
Justice Of the Peace to act a. an .dtforney?-
to accumulate his regular round of clienis.
whose interests he is compelled TO watch over
and preserve lest he should lose them, and who
on their part furnish him with his means of liv-
ing! In such case, It Is certainly reasonable
to suppose, that the magistrate cannot, even
where his honesty dictates otherwise, preside
and determine with that impartiality, which he
would, if he were not tempted by motives
thrown in his way, that are difficult 10 be over
looked and neglected. The law places him in
a situation, precisely the Same that he would
be in, in every case that comes before him for
adjudication. the plaintivo should tender him a
bride to determine the case in his favour We
defy any man to point out fairly the difference.
There is then a singular anomoly in the law,
which. in the first place. severely punishes any
one who offer, a bribe to a Judge, and at tho
same time, holds out one itself to the magis-
trate, to show partiality towards the litigant,
who originates the controversy. Is this the
proper way to suppress unnecessary and vexa-
tious litigation! Let the laws bo that no mag
istrate who commences an action shall be al
lowed 10 sit on the trial in case il ba contested,
and perhaps this sad evil would be romsdied.
AT present it is made his duty 10 examine into
the plaintiffs evidenee--eonsult with him 40 to
the sxpediency Of commencing his action, and
finally to determine tho case beforehand. in
effect, or otherwise he could not be able to
frame his writ and declaration. The defend
ant then appears after citation or arrest, but for
what!-Most commonly, for the purpose merely
of hearing his sentence, and seeing il recorded
in the "doomsday book" At most, no can
but have re-hearing, attacking a judgment
already ymsds up against him. In this,bs it said
to tho honour Of our justices, he is su,Soensss'
successful. Amid all these strong Inducements
to corruption, partiality and injustice, there
are many whose principles of honesty cannot
be shaken;--who "stand above the jarring
world" and are not to be drawn out Of their
fixed and regular course moro than Jupiter from
his orbit. In fact, there 10 not spot on the
habtable globe better capable Of furnishing its
due proportion Of firm. upright, intelligent men,
than Rhode Island. The evils to which we
have alluded. do not grow out Of any dsicisa-
cy in our materials. II 10 entirely in the law.
II /" we'll known that our Justices Of the peace
are princinally Alacfed hp tho intax.o.;,;.- r