Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-09-20
CITY CHARTER No. III.

Ii is not among tho smallest advantages OF
A city form of government, tha. we shall OBJ
tam Municipal and Police Courts, for the reg
uiar administration of city laws, and for the
prompt and energetic suppression of disorder
ly conduct, and the promotion and preserva-
ton Of personal security and peace. II has
long been subject Of regret, that the terms
Of the State Courts, occurring only twice a
year. do not afford those prompt and decisive
remedies for the evils, co,nmon TO n la &c and
crowded population, which the we'll being Of
the community requires. The laws Of this
State all sufficient, when promptly admin
isiered, to put down every attempt against our
persons, our property, or the good order Of So
ciety; but the Court who administer those laws,
were intended for an agricnitu, al population
for people whose virtuous and regular habits
render offences against the laws unusual, and a
frequent session ofihe Courts unne cessary. The
population Of cities has unhapply, a larger pro-
portion Of persons, disposed to offend against
the laws. whenever they can do so with pros
pect Of impunty, tn IN Is usually found in tho
country. Large towns are always sanctuaries
and hiding places for those who have commit
ted offences in the country. l, is in the towns
that such persons find others, Of congenisl dis
positions, who are willing ana able both to give
them shelter from the pursuit Of Justice, and to-
lead them on 10 new depredations. The cor
reciional and precautionary police, therefore.
Of the towns, should be always awake; always
prompt and energetic; every where present; in
every place prepared to visit offenders with
instant punishment, for their msdeeds. For
these reasons has il been thought best to engraft
into The proposed government Of Providence a
separate Judicial Department, dependant, in
the last resort, on the Supteme Court Of tho
State, and to give it the power, if il should be
thought expedient by the City Council, Of
holding daily sessions. This department will
consist If two Courts, the Municipal and tho
Police. The jurisdiction Of these Courts may
be divided into three branches the purely
ripH-the mired, and the criminal. The first
branch Of which the Municipal Cour, has ex-
elusive jurisdiction, consists Of two classes Of
cases. The first class relates 10 the pt obats of
wills, the administration Of intestate estates
and the guardianship Of the persons and prop
erty Of ideots, minors and lunatcs. In this
class the jurisdiction is original, and an ap-
peal is given 10 the Supreme Judicial Courf.- -
The second class Of cases under thir head, re.
laies TO the police Of roads and streets, and
the jurisdiction is final, and arises by appeal
from the order Of the Board Of AldciInes.
The second branch consists, also, Of tive
classes Of cases, both arising under the laws
of the State or Of the city. The firs'lof these
"ic cNh hiiSuomeaHOTs, tnat ii 10 say, acttOnS
which, not being in themselves criminal by the
laws Of nature, are forbidden by positive law.
The second class consists Of offences which,
though moi positively criminal. are, yet ,tby tho
laws Of nature certainly blaneable, and are
made penal ny positive law. As an example
OF the first class. We will suppose the act Of
keeping an inn, or selling strong liquors with.
out licence. Now this is not, in itself,
a blamca5le act but il has been forbid
den by positive law. To do either Of these
acts, therefore. would be 10 con,ait a mis-.
demeanor. As an example Of the second
class, we will put the act Of revelling and roy
siering in the streets, TO the disturbance ofthe
quiet Of the City This net 10 not, in itself,
positively criminal, but il is nevertheless q
wrongful annoyance Of 2eacc,ble citizens, and