Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-09-20

The third branch Of the Jurisdiction of Civ
Courts includes all those oH.nces, ap iinst the
persons and property ol our citizens, beyond
the degree OF trespass, which are triable BY
Justices OF the Peace. In cases of this nature,
which by the laws OF the State ars cogniz,he
OF the Courts OF General Goal Delivery, the
Police Court will only ac, minesicrially, by
committing the offenders Tor trial
The class OF offences against town and city
Jaws 10 very numerous. In the assignment Of
these cases, care has been taken to conform
te the general analogy OF the laws tho stat,
as well as to the requisitions of the Consiitu-
lion. Whenever the penalty in such cases
may, on conviction. exceed ten days' nmprison-
ment or the fine twenty dollars, the case mus,
be first brought in the Municipal Court, where
= Jury can be empannelled, 10 iry the fact. r,
oil cases Of this description. brought in this
Court, an appeal may be had TO ,hc Sonreme
Judicial Court. Persons. not inbsbit,nts of
the CITY, prosecuted, under Town or Citvl,w
In the Police Court, NAV appeal from IFS indr.
fnent 10 the Municipal Court or the Court of
sessions or Common Pleas Of the county.
The transfer OF Probatc business from the
Town Council TO single Judge will he found
highly beneficial IN practice. The other du-
ties OF the Town Council are 50 n,ultlfarious and
psrp'ex'ng, that tho probate jurisdiction has
4 n,
which no adequate compensation was found in
the legal fees. very inconsiderabie in the ae-
gregate. and divided among five.
Every one will allow, whose iudpment is not
warped by desire TO obtain an undue advan-
tage, that the road-cases which arise in the
City should he settled IN our own Court. That
prov ision of the law Of the State which forbids
any freeman OF a town in which new road is
made,to SIT on the jury, ompannellcd TO assess
the damages which the road NAV occasion to
individuals, is very unjust in practice. With
the certainty that jurors from the country,
commonly prejudioed against the Town Corpo-
ration, and not ncommonly unfit to form
Just estimate Of the value Of the land taken, or
Of the advantage which the road may occasion,
will assess the damage individuals have been
80 obstinate and cxtravagant in their demands
as to put an eifectnal check upon projected
Improvements, of great importance. Some inn
provements, considered indispensable to public
accommodation, have cost the town very largo
sums Of money; while the sordid prosecute
have found their own estates improved 10 twice
or thrice their original value. A town Jury is,
certainly, better qualified TO estimate the value
OF town lands than country jury. It's mem
bers will be alwavs ready, from a sense Of JUS
tice, as well as the reflection that the case Of
another may become their own case, to allow
TO the full amount Of the damage occasoned.
II there is any bias among them. it will cer-
tainlv be in favor Of the individual and against
the Corporation IL cannot be supposed, that
the very minute proportion of the sum award
ed, which will eventually be paid bv himself,
can induce an honest man TO diminish that
sum below the standard oc Justice.
The Justices Of the Police Court have no
greater power than Justices Of The Peace. It
Is not necessary that their power should he
greater. Tho whole efficiency Of the estab-
lishment depends on the certainty and system
of Its operation. The certainty that n COM
plainant may, at all times, obtain process at a
certa In office IN the city, as we'll as experien-
ced and a tive constnble5 10 make service viii
ensure a prompt aud ef.ctual prose secution of all
thefts, assaults an riots.
l: is not improbable that very large proper
tion Of our fellow citizens. amounting 10 three
fourths or seven egiilis of the whole, would
have preferred a tenure of Office, for the Mu-
nicipal Judge, during good behaviour, 10 an
election from year 10 year. The gentlemen Of
the committee were. IN iers'and, uul nimuusiy
Of that opinions; and. had il not been Cor con-
siderations Of policy, regarding the passage Of
the Charter through the General Assembly,
would have established the Office on that foot
ing. Aware Of the too common prejudice
among the people against all tenure Of Office
for an indefinite time, they thought it would be
inexpedent to ask ofihe Legislature DEPART
ure from the analogy Of our laws on this po int.
l am inclined TO believe from a personal
knowledge of my fellow citizens, that a Mn-
nicipal Judge. such one as would be selected
by the appointing power of tho city, might
safely rely on continuance in Office 80 long
~ he should discherge The Important duties Of
his trust with industry and integrity Of heart.
CIVIS.
On the first page Of this day paper, will be
found the communica ion of "Candor," on the
subject of the last commencement, Of Brown
University, which We have copied from the
Journal Of Thursday, in compliance with the
request Of !rlend.-Sincc putting the article
in type, we received the following on the same
subject.
Messrs. SMITH & PARMESTER.
Gentlemen. II was with great deal Of
to say with much regret, that read
the criticism on the exercises OF Commence
ment, published on Thursday last The wri-
ter, and his name does not stand in the shade, |
appears to be under the influence of that very
prejudice he condemns.
His remarks, as far as can discover, were |
intended TO prove three points. Ist. that Mr.. /
Stone, Of the New York Commercial, did very !
wrong when he Published the piece to which /
Candor aludes. Docs Candor pretend to say /
that the University in this place is not in want ,
Of putting, and was not tho aforesaid editor jus
tified in giving publicity to his sentiments, (sec-
ing they were so directly opposite to public |
opinion) to liud the exercises of Commence
ment, which otherwise would have fallen into
o absoIute forgetfulness, and to load with llaucry
<xc . i, l,a kr,l li,.y
Of tho lady Of the author, and who swallowed
The whole as greedly as he did Commencement
dinnerl and can a broiher-ia-law Of Mr.. Stones
confer degrees in any other manner than with