was not to be baulked by a stumbling-block of this kind, but swore himself in with the approbation of the "enlightened people" who had resolved, in future, to have none but "honest agents.” zona

Allow me, next, to tell you how poor men are treated in the United States by their servants-the paid and elected magistracy. Nothing is more common than for such men to be taken before these magistrates for no offence whatever, the object being to make money out of them. The magistrates have about sixpence for every oath taken; they have fees for committal, and small fees of various sorts, which in the whole amount to a great deal. They live entirely by what they can make in this way; having, generally, no other business or property to live upon. They have their tills under their counters, like grocers' shops; and, in cities, when they have had " a good day," this till will be brimming full of "fips" and "levs;" a "fip" for this, and a "lev " for that; the first being about threepence, and the other sixpence each. The paid and elected constables so arrange it as to divide the magistrates' offices among them; and their pay and their interest is of the same nature as the magistrates': so when their trade is "slack" the constables go out marauding to see whom they can find to bring in, and what tumults they can create. These magistrates are chosen by the Governor, and by such appointments he rewards the basest of creatures for their services in having electioncered for him. There is no limit to the number of his appointments; and when a Governor finds that he has not been re-elected, and, therefore, shall not have it in his power, as heretofore, to provide for his friends, he, in gratitude for their services, though unsuccessful, appoints a whole troop of magistrates. I think it was three hundred that the late democratic Governor Wolf, of Pennsylvania, appointed just before he went out of office: all in addition to the rest, for they are for life or good behaviour; and, though they behave in the way I tell you, I never heard of an instance of one of them being cashiered. Complaints there are, in abundance, against them; but it is considered too expensive and doubtful a case to indict and prove them guilty according to law, before a legislative assembly made of the same materials as themselves.

In Pennsylvania they have lately altered the manner of appointing, and the people are now directly, instead of through their Governors, to elect the magistrates, and they are to be elected for a certain time only. This system will work, if possible, worse than it did before; and no man that is a voter, be his guilt ever so great, need fear those that are not. In support of what I say-for, if I were not able to call to my aid such support, these "leading democrats" would deny and swear through thick and thin that what I say is false;-in support, therefore, of what I state of my own knowledge, I take the following extracts from "The

Report of the Committee of the Legislature, appointed to investigate the local causes of cholera in the Arch-street prison, and to inquire into the sufficiency of the legal provisions, or the maintenance of untried prisoners and debtors." This report was made in 1832-3.

The committee understand that a man legally sentenced by a magistrate to 30 days' imprisonment is a convict for that term, and that the magistrate has no right to set him free after the conviction. The temptation of the costs, it is to be feared, is too frequently the incentive both of the imprisonment and of the release.

"In the course of a year some of the same persons are received into the prison 10 or 15 times; more particularly those charged as disorderly and vagrant. A very considerable number are sent there two or three times, often serving but a few days, when the payment of the costs, by some means of violence or distress, obtains their release.

"It has been decided by the recorder of the city of Philadelphia, upon writ of habeas corpus, that the commitment of a prisoner by a magistrate, to answer at the next court of quarter-sessions for a breach of the peace by disorderly conduct,' is not a legal commitment. The mode of committal by some of the magistrates was therefore changed, and the same description of persons are sent to gaol upon a charge of riot or affray, which are indictable offences, and thus a chance for the costs is still secured. Although the magistrates are not entitled to costs in criminal charges, until the case is decided by the courts, still the expectation of a favourable result crowds the gaols, and fills the courts with causes which needlessly increase the amount of wretchedness and of offences.

"An inspector of the prison, who has at different times served in that capacity for upwards of 20 years, informed the committee that he had known about 80 of this description of persons, confined for riots or affrays, who had not been able to pay their costs, discharged at once from the prison, without being brought before the court, after a confinement in the situation we have described for three months; and that the average at every calendar of those who are not called up is about 20. Sometimes the keeper has them previously released by the prosecuting attorney. They are let loose from the gaol, highly excited by their wants and miseries, to prey upon society. When they are thought worth it they are again returned by the same magistrates, the competition among whom appears to be a monstrous evil, though probably not so great as the facilities which some of the present laws afford to them. Equitable laws may be perverted by improper administration; but unjust laws must operate oppressively upon the people, if put in force for the sustenance of the magistracy.

"It is believed that most of the cases of imprisonment which occur

for minor offences would not be heard, (without any prejudice to the interests of the society,) except for the costs which accrue upon themand hence an advantage is given to the magistrate who transcends the proper exercise of authority, over him who respects the interests of the community. Out of 300 cases of assault and battery which in three months were brought before the mayor and recorder of the city of Philadelphia, 15 only were considered of sufficient importance to be sent to court, and the rest were settled."

You here see that, if a poor, friendless man commits the least offence, or if he commits no offence, he is used, and made to support these wretches; who may, of themselves or their friends, do any deed, however unlawful and wicked. I remember, soon after I arrived in America, being exceedingly surprised at a piece of injustice that happened in Kentucky; and I thought at the time that such examples could not fail to be attended with serious consequences: but, I confess, I had no idea that I should live, as I have done, to see similar things of everyday occurrence.

The son of the Governor of that State murdered and robbed a man on the highway he was tried twice for the same offence, found guilty both times, then pardoned: he then murdered and robbed another man, was again imprisoned, and, as it was said, killed himself before his trial came on. The following remarks on the subject are from the papers of New York and Philadelphia.

"Isaac B. Desha.-It is stated, in one of the Western papers received this morning, that Isaac B. Desha, the murderer of Baker, who has twice been convicted by a jury of his country of this horrid crime, but who, by the shuffling and legerdemain of his father and friends, has as often been screened from the halter, and a new trial granted, has finally been released from prison! This high-handed act of the Governor of Kentucky cannot fail to identify him in the eyes of the world, at least, if not of the law, in crime with his son. If there be any hidden thunder in the stores of Heaven, red with uncommon wrath, one would suppose the bolts would be hurled at the wretches who commit deeds like these. Well hath the poet said

Man, proud man,

Dress'd in a little brief authority,

Plays such fantastic tricks before high heaven

As make e'en angels weep.

N. Y. Com. Ad.

"Desha the Murderer.-A letter to one of the editors of the Lynchburgh Virginian, from Lexington, (Kentucky,) says, that petitions were in circulation in that State, signed by the two juries which had convicted Desha, and others, praying his release-on the grounds,

1st, that it is impossible to procure another jury in the State; and, 2dly, that his trial would consume so much time as very much to clog and retard business.' We should not be surprised if justice should be defeated of a victim who has not a single claim on the compassion of mankind."-Philadelphia Gazette, Nov. 1, 1825.

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A year or two back, a man whose name was Gray (a more infamous villain never entered a prison) was receiving his sentence from the recorder of New York, who told him he might expect pardon because he had influential relations. Was ever before such a thing openly acknowledged by a judge while sitting on the bench of justice? But, in the first place, he mocked the public by talking of the impartiality of the law. Justice," said he, "must be administered impartially. The law awards punishment to the guilty alike: it knows no distinction between the rich and the poor-between the educated and the uneducated. All are treated alike; the innocent protected, the guilty punished." And, after going on for some time in this strain, he finished with these words: "There is yet one ray of hope for you. The Governor has power to pardon; your father has great interest in Ohio, and his neighbours may intercede with the public authorities in your behalf.” So, if the villain had been friendless, there would have been no ray of hope for him; but, having a relation that is a judge, and others that are privileged characters, this recorder foresaw and predicted that the farce would end in a pardon. And he said, "If you are pardoned, do not appear any more in our streets; go elsewhere, to some remote place, where you may yet be safe;" meaning, I suppose, that the people whom he had injured, finding there was no justice to be had, would "Lynch" him if they ever saw him again.

The truth is, that the judiciary of the United States is absolutely a mockery of justice. The punishment for murder is death; and though, in the city and county of Philadelphia, scarcely a week passes that a murder is not committed, yet for seventeen years there has been but one executed for that crime. The criminal was an English youth, without a friend in the country: he was, therefore, a suitable object for a victim; but his crime, bad as it was, was only similar to those of everyday occurrence.

The following is an account which, in this place, presents itself to my mind, of the savage, ignorant, and brutal conduct of those that surrounded the unfortunate man in his last moments. They did not appear to have any partiality or any hatred for him, or any other motive for such conduct than that of rioting and wantonness. This account is taken from a Philadelphia newspaper of 1837, called The Pennsylvanian.

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" THE EXECUTION OF MORAN, J ny got more 201 The execution of James Moran, convicted of the murder, upon the high seas, of Captain Thomas S. Smith, of the schooner William Wirt, took place yesterday morning between eleven and twelve o'clock, under the direction of the United States Marshal for the district.dt. probl. . From first to last the behaviour of the multitude was of the most tumultuous and disgraceful kind. Long before the prisoner came upon the ground, the police force stationed to preserve a clear space around the gallows were almost exhausted with their continued efforts to repress tumult and keep back the crowd; while many of the people, by their shouts of derision, yelling, and laughter, appeared to view the whole matter as nothing more than food for mirth. After the cortège had arrived, and the unhappy Moran was just trembling on the verge of eternity, the riot and tumult became still worse. The clamour was deafening; and, although the Marshal, aided by the military force, the police, and the citizens, whose services were in requisition, did all that could be done to preserve order, yet the mob seemed determined to bid defiance to anything like restraint, and by their immense weight almost bore down everything before them, fighting, quarrelling, and shouting in the most outrageous manner. After the body of the culprit was taken down, and the procession was forming to return, a scramble for pieces of the fatal rope ensued, which drew loud hisses and yells from the bystanders; and before the officers were fifty yards from the spot the gallows and scaffolding were overthrown, probably to furnish relics like the rope. 卓

"Nor was a disorderly disposition manifested only on the executionground. The body of Moran, being placed in a coffin, was carried in a car to the place of interment, accompanied by officers. On the road the horse fell, and was disabled; but, as the distance was short, the car was then drawn by men. A part of the mob followed, pelting them with missiles of every kind, and in this way, at the risk of the men's lives, the corpse was conveyed to the grave-yard.

"The marines marched back to Cherry Hill, guarding the executioner, whose face was craped, and who was otherwise disguised, but who performed his revolting office with perfect propriety of demeanour. A mob, however, pursued and assailed the marines with brickbats and stones. One of the soldiers was so much hurt as to be incapable of proceeding, when the commanding officer brought the company to a halt, and ordered his men to load their muskets, which being done, the rioters were significantly given to understand that further outrage would be punished on the spot in the most summary and effective manner. This intimation, coupled with the expressive preparations for executing it, had the desired effect, and the assault ceased. These disgraceful scenes