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such disinterested, of proper approved standing and property, responsible every way, and above all, intelligent and educated liberally, but reserving always the full right to appeal to a higher tribunal. I am well satisfied, that no reference involving much amount can be satisfactorily settled with full justice, unless there be a court for appeal. The right of appeal is a protection for some show of justice. In the way reference or arbitration is had, characters are picked out more like creatures than independent arbitrators.
Such reference must be badly managed. There is too much corruption in most called justice.
Let the system of arbitration be perfected, and all will be satisfactory and right. If there were less law suits, there would be less perjury, less necessity for swearing. Be sure of your tribunal, before which you appear.
The arbitrators can be sworn in, as responsible and disinterested. A proper selection of arbitrators is absolutely essential, or it will be a farce or tyranny.
Much litigation can be as good as abolished, if the people in the main would reform their customs and means of appreciation.
The world must require competent tribunals for arbitration, as the most the way it is conducted, is by vassals or partisans. That is worse than no attempt at justice. The great object is to secure exemption from law suits, and if this can be accomplished, a great evil will be remedied.
Let there be no arbitration of partisans to make things worse than better, but courts of conciliation, presided over by judges of consummate abilities, virtue, integrity and honor, amply secured by competent talents.
Partisans may make arbitration the most contemptible counterfeit of justice. Do not go into such at all, without you can secure a tribunal competent, disinterested in every respect, and of the most exalted integrity. In this, be sure to act independently.
This thing of backing out from the decisions of arbitration fairly established, taking advantage every way, presents a dishonest mind. No matter what the friendship and relation, any decision by an exparte arbitration will be most dishonorable, if the parties do not stand exalted in intellect, and possessed of a nice sense of honor. A vengeance to reference without the right to appeal on error, or hindrance of proof at the trial.
Most arbitrators are incompetent, from a fear, a feeling influencing, that is absolutely wrong; also, from intellectual inability, or want of investigation. Most arbitrations are unjust, generally.
All these must be conducted on the highest principles of honor, and must be sustained by all the aid of highest rationality.
What could the world expect from the tender mercies of a picked body of men, all on one side.
I saw a one-sided pretence of partisanship offered for arbitration; and, of course, instead of affirming, like gentlemen, they did not know what was proper cognizancelike traitors to mind, they belied mind, honor, and truth ; an adequate reason to convict them of violation of principles.
They had all the defects, that excluded them as a proper tribunal. As church members, they were called on to rescue one that had brought on the difficulty. All was done to smother justice. The whole resulted from betting on an election, that the church-member pledged himself on honor to make good; but, when the trying hour came, this dishonorable false pretence was to exculpate the criminal parties.
When one man is employed as a tool, his employer must become the dirty tool to extricate him. Can there be any low gambling worse than that on elections ?
A just and comprehensive knowledge of human nature requires that the world should always premise exception to the dishonor of all arbitrations, or anything like them, to hold all such in abeyance.
There can be no greater injustice, than much of apparent arbitration of justice.
A proper selection of two approved discreet men, who may select a third, on disagreement, may institute the jury, who should be enlightened, well qualified, in proper circumstances of life and locality, disjunct from all peculiar interests of business, popularity, church, or any other union or fraternization, except the one of universal brotherhood.
Never trust yourself in the power of a clique. Let arbitrators be invariably named, till adopted by the other party, and let there be no arbitration but on this principle.
Never permit any party by his clique to offer you their indignity of opinion, as if worthy of your serious attention, for it will be a most dishonest sneaking out of all proper responsibility.
You need never expect any honor from one-sided pretences, but dishonorable concealments. I have seen that tried, for that express dishonorable object.
There can be no fair and honorable position, but an equitable adoption of proper, honorable men on both sides.
This function of government must be respected as worthy of the most scrupulous regard of the world, to be of so illustrious character as intrinsically command at all times, by its merits, the highest tribute of enlightened public opinion. When this position obtains, then one of the highest public guarantees will be permanently secured for the general welfare.
In all departments necessary, the talents and character of the functionary should be elevated to such standard, as at all times secure the full esteem and proper control of the bar, and impart a winning confidence to the people. Such high salary should be invariably paid as will compensate satisfactorily, and be fully competent to enlist the right talents, to speedily dispose of all public business, and that with enlightened justice.
The people should be spared the belief, that collusion can ever stain its ermine, or that incompetency should ever disgrace its sanctuary.
Unfortunately, hitherto, this confidence is sometimes betrayed. “ Now it is quite notorious and unquestionable, that for Chancellors to receive presents was customary and common in Bacon's time, and had been so for a hundred years, both in England and in other European states."
Bishop Latimer admits them to be “bribes." !
Now, what man was in the time of Bacon, human nature makes him in every age and nation, under the influence of analogous circumstances.
It is easy for bribery and perjury to prevail, when the proper antagonistic principles do not exist.
If we do not have a correction in enlightened public opinion, that detects, exposes, and punishes these flagrant violations of supreme justice, then the noblest fountains are poisoned at the source, and the corrupting fragments are scattered over society. We cannot secure pure judges at all times, but we have the conservative principles always at hand.
We should seek to select men of best talents and known probity, and pay properly for their life-time, whether in or out of office, if the best part of it has been thus expended.
If imbecility, from old age or decrepitude of mind, exist, such judges should be bound to retire, but on competent life salaries, to sustain them suitably, and return the most grateful tribute of an intellectual republic.
The people should be ever protected, by a proper judiciary, over tyrannical false pretences, under the panoply of virtuous conduct.
No delay should be permitted beyond proper investigations, in chancery or any other system of courts. If justice be promptly and suitably administered, the morals of the people will be exalted, and a high-toned national character will be preserved.
Any deviations from judicial rectitude should be appropriately rebuked.
When legislation has become unconstitutional and corrupt, then it is we must look to an enlightened and virtuous judiciary, to counteract and correct much of such evils, otherwise it is the tool of ignoble tyrants. But an enlightened public opinion must then, forever, keep the morals of the world right.
Jurisprudence ought to meet the demands and wants of the sovereign people--the mainstay of the world.
Laws ought to be consistent with constitutional liberty, and would be, if the people would rise in their majesty, and look at the good of the whole, not that of the legal or judiciary professions. This is the attainment of the dignity of freedom.
What can be worse than a corrupt judiciary?
What are we to think of a judiciary so corrupt and cowardly, as to bend to cliques ? An enlightened public opinion towers over the corruptions of such judges and their decisions, and will ultimately expose their true ignominy. What can be more dignified than the virtuous and enlightened judiciary of an enlightened government?
• The chief director of the East India Company expressed in a letter to one who was appointed a judge in India, 'I expect that my will and orders shall be your rule, and not the laws of England.'
As ail popular elections are generally best for the world, the election of judges had best be directly through the people, who are most concerned in their fitness of cha
The people should elect to maintain all appropriate responsibility, as often as necessary their own judges. How much can the citizens of the country or State congratulate themselves on their enlightened judiciary, that prevents unnecessary arguments of counsel, arrests useless and sophisticated pleadings, and brings justice to a proper prompt point.
He rules in a word the lawyers by the best power, that of mind, and gives the best authority by never being at a loss for law. Such should be retained at the satisfactory salary.
The doctrine of popular as personal passive obedience produces impunity, that invites any species of iniquity.
In James II.'s reign there was the violation of all justice and all law, by judges selected, applauded, and rewarded by him.”
“Both in England and Scotland, the judges were his tools.” Cannot republics have an honest judiciary to support the principles of honesty ?
Degraded must that judge be that will, in a republic, stoop to cliques, to deny justice to inventive genius. What if he should tolerate perjured banditti, to destroy it?
If judges of the highest capacity were presiding over direct rules and lawyers, then we should expect better morals and laws. Now it is a scene for jugglery of mind, to defraud the people by the shrewdest, sharpest sophistry and chicanery. Judges should be men of best mental calibre, to uphold public confidence and morals, the best of lawyers to keep the lawyers straight.
The object is to uphold the dignity and office of the judiciary, by all the best acts of mind.
What could be done with a corrupt judge ?
The same has been one of standing, and has the power of money and friends. And these are to prostrate the majesty of the laws and people ?
The innocent will demand just investigation. The guilty will avoid all such, except through cliques. In some courts, any kind of jury, witnesses and judges can be furnished,
If popular election of judges make them demagogues, then elect by the legislature on approved nominations through the executive.
Some judges might be demagogues, instead of weighing justice impartially ; those too often lean to that side that has political power.
Then those are amenable, and should be adequately rebuked. But the popular voice seems the most effective, renewed as early as practicable.
The judiciary of our free country ought to be pure, independent, free from suspicion, of corruption and bribery, and then we should see that in very large estates it need not take many years before they could be settled, and severe compromises would not have to be made for just rights at ruinous sacrifices. The highest law of the land, a righteous public sentiment, decides corruption somewhere, otherwise.
Elevate the judiciary to the highest degree, as that elevates man and the country of free institutions. Give judges the best of adequate salaries, and best of pensions for those at sixty years of age to retire, to prevent their imbecility.
Why is there so much variation in courts of justice, but from the integrity or capacity of the judges ?
Some judges govern the lawyers, who consume improperly the time of the public.
Small judges are worse than small lawyers, if possible, especially when they identify themselves.
The utmost facility of justice should be ever instituted, to promote good morals. If we act by direction of law under proper judges, we may have all the benefit of law. The redeeming sense through a wise and high-minded judiciary, is the great conservative power next to an enlightened public opinion. Perjury is too abundant over the world.
Principles will best obviate all such, and keep the world straight. It is idle to expect any other to succeed. Courts of justice are too often perverted by the parties not swearing directly to the point of knowledge, but of belief. In this, much latitude for perjury lies.
The sovereign people let all essential matters be handled and directed by professions, as if they were the only beneficiaries, when it is most essential that they should seek diligently to possess the mighty elements of conservative revolution.
The mere profession are not to manage justice as they please. Science, knowledge
and wisdom must aver direct mind in all their departments, and the world must seek its own by a just and equitable liberalism, not care for the unprincipled antagonism that comes from those interested in exploded customs.
Justice cannot be legislated defunct, while cultivated mind is just to itself.
The duty of judges in mobs is essentially important. Here is where republics appear less dignified than monarchies, in the suppression. But is not the superiority on the side of republics, for which the affections of good citizens are most elevated? Are got all that feel aught at stake enlisted in its behalf?. There arise some evils in all social communities, if the world will give way to the combinations and collusions of men! What set of honorable principles can be fully carried out in any monarchy ?
Around the throne always gather parasites, court-flatterers, and corrupt sycophants, the world over.
Can corupt lawyers do much with a corrupt governor, judges, legislature and sheriffs, and too often with supple jurors led by their leaders? Too many of our courts of justice, are a miserable farce. A high intellectual integrity, is worth all the balance of inferior value.
What are our most valuable institutions worth, if our courts of justice defeat that justice, for terms after terms, or your law-makers legislate her defunct, your rulers repudiate her?
THE JURISDICTION OF COURTS.
Courts of justice, whether probate or any other, should primarily protect the weak and helpless widows, orphans and humble citizens with exact and even justice.
No.estate should be left without an administratorship, to defend and protect the best interests of the helpless, and promote the faithfulness of society to proper contracts. But the plain citizen may suppose, that the general administrator does all this faithfully. Very clear of it.
Humanity dictates the complete fulfilment of all these obligations.
The world needs no Lynch law of even vigilance committees, when judges are to expedite all that is expedient for law, but not supersede it. Let there be no anti-constitutional resistance to law, no respites and reprieves unless justice demands. If judges cannot meet the demands of the world, let them resign their functions.
Courts of law have been as good as abolished by non-appearance of judges, or the resignation of sheriffs, term after term! Many judges are bribed by the law's delay, when public opinion will not be duped by its perversion. Let there be no rules of court to rule laws, but principles to rule all citizens. Give the world justice, not law. Let not the world quarrel with a packed jury, packed by old dotard judges.
The people of the United States may ruin their liberties, through felonies, clans, cliques, sectional cabals, intrigues, looking yet too slavishly to persons, things, masters, instead of principles.
We need the most talented judges, of upright character and sterling integrity. That is a great point gained.
What avail the best of constitutional governments, if justice be not equity, to prevent the excess of perjury? Consider it, how degrading that strangers cannot get justico done them, because they are unknown or absent.
Have the judiciary been elected for time and manner, as to secure the most elevated action. Have the very best adequate salaries to pay the best talents and most elevated characters, instead of getting pettifogging lawyers, who often disgrace the bench, and bring reproach on free institutions.
What a contemptible character the judiciary presents, when it is mercenary or vassal to cliques or cabals ! Have no judiciary, unless enlightened, liberal and elevated. In California, recently on confession of a culprit, “judges and public prosecutors in some portions of the country, were in league with the organization of felons !
The world's corruption must be defeated.
Some of the judges should be presented to grand juries. The sovereign people, not the servant, should adopt their own choice of judges.
Judges are, at times, and can be, very corrupt indeed. Thomas Jefferson displays 66 The judiciary of England Forgery,” of some half-dozen judges or more about christianity, in upholding the union of church and state.
Who believes that the judges to-day of any government that has union of church and state, but would perjure themselves on preconceived views to sustain that union? What vile elements of popular corruption, is peculiar faith!
How much mockery of justice is exhibited in our courts by perjury, and no radical
correction of this organic evil of society! Men of affected importance, are disgustingly suffered to commit all such deeds with impunity, and even pass celebrated for it, when they should be in the penitentiary.
When the citizens speak of their judiciary being near nobody, full of partiality, that the judge suffers one lawyer to bend him judge, court and jury, with an opinion as law, while some of the lawyers could not tell whether right or wrong, then they may well call for reform, and give all such matters into the appropriate hands.
Justice is a popular question, one that belongs to the people as an inherent right, subject to no fiat of party or clique made supreme.
The magistracy should at least see, that proper legal proceedings are always instituted without equivocation, else they suffer themselves to be made tools of. It is their duty to be properly qualified intellectually for all cases under their cognizance, else justice is a perfect farce.
No sophistry is to be countenanced, as they are sworn to decide according to the law and evidence or testimony. They are to be ever qualified to analyze that testimony, whether it be true or not. They are not only bound to see that all necessary bonds of office are given as the law requires, but that they be fulfilled according to justice.
We should give the election of most officers to the people, of judges especially, and keep all departments separate from, and independent of each other, to preserve the purity and integrity of these offices, and the honesty of the people.
How abominable is it that we should entrust our rights to the miserable contingences, of the disgraces of electioneering, and tricks of log-rolling members of assemblies and representatives of the people!. All such need the highest reforms of the day.
Not only are wise and safe laws to be adhered to, but their best administration insured, and we must present wiser thoughts for advancement and subsequent improvements. What could we think of gerrymandering a state, for election of judges as legislators. What corruption on the purity of elections. What chance would a poor stranger with native wealth and influence have, in any such court of justice? Are there not glaring bribery and corruption enough, to a vast extent?
Compromises of ruin to even reputation are made, when some cannot foil the law's delay, and its base iniquitons administration.
Who that observes the sophisticated state of society, will not be more than disgusted, ere he gets through a long life, with the various corruptions of it, that cry aloud to penalty and mind for correction?
An intelligent free people desires ever to be delivered from corrupt judges, jurists and lawyers?
If judges be false to their dignity and duty, how can juries be true to their obligations ?
The appointment of judges demands adequate salaries, otherwise how can you insure proper talents of independent mind? There must be no party spirit in their appointments, as the good of the whole must be regarded.
THere is too great a partiality in grand jury presentments. Jurors may. not be responsible, as their responsibility is diffused in numbers. They are too often hurried, and go too oft as the judge tells them. Many are very ignorant, and are misled by demagogues.
Trial by jury ought to be reformed. In arbitration the jury is looked for, but may not be expedient.
Some judges, as in Kentucky, it is said, rarely charge the jury, to avoid trespass on their province.
A jury should be composed of men of known probity, integrity and talents, and should be ainply qualified for all their duties, and properly paid therefor.
Would it not be best to interchange juries in the circuit, as judges, to prevent any sinister malign influences ?
The world has no just or adequate idea of the felony concealed--of the injustice done it judicially ; the miserable complots and collusions for personal popularity. The beauty of the world is nearly ruined by the falsity and sophistry with which it is daubed.
Judges have been the merest tools to all the world despotisms; and if they carry the juries, they are the tools of tools. No judge or jury should serve in the precinct elected.