The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-15
FIELD NOTES.
CONCLUSION OF THE
STATISTICS, OBSERVATIONS, AND THOUGHTS
ON THE
CIVIL CONDITION OF MEXICO.
DR. FRANKLIN.
THE JUDICIARY.

jury, 1t is more suitable Tor administering and
enforcing equity In commercial transactions,
than preserving the personal rights or protecting
the lives and liberty of free people The trial
by jury is the only safeguard a freeman can have
against oppression from government on the one
individuals on the other. Under the civil law
the Judges are not only the opponents OF the laws,
but also possess the powers OF Jury over the
facts. In the most enlightened republic and ad-
ministered by the most incorruptlhle OF Judges IT
would still be dangerous to liberty, being suitable
only for a monarchy or despotism.
In thus permitting the Judges to blend the law
and the facts in cause before them, and to de-
eide upon both, wide field is given Tor oppres-
sion and corruption. Their power becomes un.
controlled, while their proceedings are shrouded
the forms, the law AID the facts, enough can
always be found to screen the guilty or punish
the innocent. All is, within the breasts of the
rible as any despot might desire. The barons of
England knew this when they extorted the char,
ter at Runymede, and preserved their rights and
liberties under the old common law, to the utter
exclusion of the codes and pandects adopted on
the continent They were unwilling to place
themselves under the forms and laws created by
the desPotic emperors Of Rome, where civil II.
the mercy of venal courtiers and a servile judi
ciary.
This was the code introduced into Mexico
from old Spain, and was one admirably adapted
to the hands of the viceroys who came over to
govern and grow rich, but not to administer jus:
tlce. They appointed the judges at pleasure, and
make law and facts bend to his word OF wishes
In the courts, and the judiciary became the plant
tools of his power. After the revolution. the ju-
dcial tenure was changed to that for life, ma
cutive and its patronage; but the courts remained
IN their forms the same; the radical evil was not
cured; still existing, to- faint the ermine with
corruption, as formerly it was su!lled by official
influence. If judges could no longer become
powerful under a monarchy, they could become
rich under republc and they did not fail to lis
ten to the whisperings OF avarice. The tone OF
society was low; venality was common, and In
the Judiciary especially in its inferior tribunals,
that bans to justice, honesty, and the moral
sense, was soon infused.
This institution OF government, SO useful to the
cause OF public liberty and the happiness and
prosperity of citizens when pure, and so danger
GUS, demoralisng and destructive to social or
rotten to the very core. A republic can more
exist without an honest administration of law,
than without an executive or Legislative depart
ment When the IadIclai ceases to perform Its
come parallzed or seized with an unnatural vlgOr,
alike dangerous from imbeclty or energy. The
whole frame Of the body politic undergoes a
change; the result is disorder, and the govern
ment-what il is in Mexico-worse than despo
tlsm
A few honest men, such as Pena Pena, the
chief justice, may be found with unsullied repu-
tations and legalfame that would do honor to the
bench In any country. But the Supreme Court
is SO far removed from the current and multi
farious business of the inferior courts, and with
only an appellate jurisdiction that a resort to 1t
can seldom be had for redress as the dllatory
forms, the expensive fees, and restricting laws
are sure to lnterpose obstacles In most cases.
The causes instituted In which debt Is claim
ed, or damages, for some wrong inflicted, are so
diatory in their proceedings as to almost amount
denial of justice; and If to this be added par
TALLY in the judges, towards one of the suffers
founded on friendship or bribe, the whole af
fair becomes fraud the public The effect Of this IL
to the innocent client to pause before trusting his
claim to such unsafe hands and to rely more on the In
egrty Of those to whom he gives credit than the
laws to enforce payment
To this extent check given to commercial TRANSACT
lions and is of the many causes now existing to
prevent increase Of trade and exchanges This, In
any well constituted society would be considered evil
ofhe first magnitude it Is Of minor Importance
when compared with others to which commerce 10 sub
jscted while it continues lower the institution
judiciary 1t assists to raise personal integrity and
honest dealing into what capital is elsewhere.
IN obstacle in the way OF proper Of the laws
in the collection of revenues by government injury
band trade and the consequent vicious principles dess
minated among the people In regard to frauds the
house. The effect of high tariffs has been to
goods the chances Of success Tho risks Of
detection and the we'll known fact that when the goods
attempted thus illegally to be introduced seized by
officers of government reliance can be placed on the
courts being influenced to prevent their connscation
consideration inclined favor the daring violations Of
the laws and to screen the offender and his goods is not
y
animadversion. Thus in the " Memo,ia" (annual re-
por Of the Minister of Finance t. Congress in lsAo he
Unless the laws be properly applied, the Of
the passions cannot be restrained the abuses
and irregularities which committed to the deraud
ment of the sacred treasury be corrected
Tbe means Of the nmen are not sufficient to re-
strain the tremendous evil which destroys public
morality, and attacks the basis of the social edhce.
The judicial auth ,rty has direct influence upon the
welfare Of the nation when 1t proceeds honestly, award
iug coodisn punishment to deliuquens, and thereby
preventing the efforts and cndesvors of the Spectator
Ia league with tho mpioyee fathess to tbs government
and the nation Let the judges proceed with impair
tiaity let the law be applied with severity and only
the shield Of impuny Of crimes is already eating into
the very entrsils CT society.n-
In the criminal Jurisdiction of tbs courts nothing
better be hoped for and something worse will be
found The writ OF habeas corpus Is unknown, Is
writ by which any person having another In custody
O0%Resd to h% ,n SE,s ugs to on
ment enquired into and If improperly held in custody
The want Of this beneficial powsr in the judiciary was
very apparent the arrival of General Scott Pueba
discovered moro than three hundred unfor
tunate prisoners noaroereted whose only half
the cases appeared tho jail calendar, without any
charge noted the Of their detention They had
been Imprisoned the simple order Of prefect
alcalde, or officer of police, imaginary crime
which, when understood was an offence offered to the
dignity political opinions Of an official excelcncy
The arrest and imprisonment not all for trial did
not follow after to relieve them. Some hsd been
Imprisoned for years. without once be1ng confronted
with the accuser and they would have remained there
had not arrival opened the doors to many VINO were
without charge preferred prosecutor appearing
IL Is this feature In the institutions OF Mexico which
has eecusly crushed the free expression Of opinion
and engendcred that treachery and falsehood so fee
quently met with. Every Is at the mercy Of his
neghbor who may at any moment prefer true false
accusation against him. and have him imprisoned posi-
bly, for indehnits period II he be without influence
nothing but hope remains for his liberation And his
wife sister or daughter Is compelled as 10 common, to
Geek the ofsl parsonage, whose word Is law to melt
him into mercy With their and tears. portion
OF each Official day is set aside the hearing of this
strange kind of legal opportunities from these relatives
OF the prisoners Is not always without effect Is
u ct the same time always with Justice The practice
strange the principle Ia bad Is cul
pable, where such discretion must be tolerated.
II is a common remark that no one will be punished