JUSTICES OF THE PEACE.

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In New York, a more fearful latitude is given to the magistracy, altogether inconsistent with the spirit and character of free institutions :—a stranger in this city can scarcely consider that he is at large, except by the permission, or sufferance of Justice A-, B-, or C-, who, under its municipal laws, may issue his mandate, upon any, or no pretext, for the summary appearance before him of any individual, resident, or stranger, within the limit of his jurisdiction, and call upon him to account, to the "satisfaction of the said Justice," in what manner he supports himself, or procures a livelihood: and in default of the summoned party yielding such satisfactory information, as the magistrate in his capricious will may choose to exact, to commit him, or her, to prison, for any period not exceeding six months. It is by no means necessary, that evidence of the least impropriety in the conduct of such individual should be adduced, or even a charge of the indirect infraction of any state, municipal, or city ordinance brought against him, to legally warrant the magistrate in his committal :-the mere isolated circumstance of the magistrate conceiving him, and from what this functionary will allege, "his own showing on his examination when brought before him"-and though he may not have replied to a single interrogatory addressed to him, to be an improper person to go at large; or his having failed

violence; though not until the injured parties had been forced to the necessity of expensive legal proceedings, to assert their individual and respective claims.

to satisfy this official of the propriety of his mode of life-and nothing more is necessary-no other pretext is required as a justification; he is sent to prison, to work out the term of his sentence, without bail, or mainprize-without appeal to any other tribunal, or even being allowed to avail himself of the writ of habeas corpus, the boast and safeguard of every Englishman's liberty, which, in this instance, is altogether suspended as regards him. We have often heard members of the American bar, repudiate these monstrous and inquisitorial proceedings, founded, it is said, upon a law, or grant, embodied in some old and antiquated English charter to this city, and when the disjointed state of its society in its early colonization made it necessary; and since confirmed to its citizens, with all other corporate rights and privileges, under the act of confederacy of the several states.* Attempts have been made to test its constitutionality; but the abuse is surrounded by so many guards, entrenched behind so many legal barriers, that the means of doing so, are found too far removed beyond the compass of individual effort. It is the legislature that can alone effect a change in this most oppressive law, whilst the sticklers for municipal exaction and arbitrary will, insist upon its positive necessity, especially in such a city as New York, even at

* The Charter, by which this city is secured in its rights and privileges, is one granted by King James II. of England, confirmed by George II. 1730, and by the Governor, Council, and General Assembly, October 14, 1732: Present amended Charter, passed by the legislature, April 7th, 1830.

AMERICAN POLICE.

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the present day, to protect its citizens, as they allege, from the inroads, and innumerable ill consequences of the continued influx of strangers from Europe, as elsewhere:-some of them, no doubt, of uncertain means, and very questionable habits, who generally make this city their first landing, and abiding place, on arrival in America. But they seldom, good easy people, condescend to notice, and never to explain, why it is, that London, always containing so large a number of resident and transient foreigners within its corporate limits, frequently amounting to the entire numerical population of New York-or that Liverpool, with its far increased intercourse with other nations, should not also require some penal and iniquitous law of this kind, to restrain the excesses of their equally chequered population? The question perhaps, after all, is of easy solution, and may receive its reply in the simple fact, that the laws of England, receiving their support from the assent, and concurrent sanction, of an orderly and contented people, are at all times adequate to the curbing licentiousness, and the punishment of crime, without attempting these, or similar encroachments on the wellsecured liberty of the subject:—whilst in America, under an avowedly corrupt and profligate system, the laws are seldom recognised as protecting the peaceable and well-conducted, and are found, rather to depend for their due enforcement, on party caprice, or on the chance assent of an unsteady--a frequently turbulent, and uncontrolled population. The organization of the police, in the Eastern or

Atlantic cities, and to whom an unusual and very extended latitude is given, is generally good; composed of a set of men of keen sharp-sighted intelligence, from whom it were no easy matter to escape, to thwart, or disappoint in the pursuit of their daily business. The head offices of New York, Boston, Philadelphia, &c. are in frequent communication with those of London, Liverpool, Paris, &c. and it is no unusual occurrence, that a delinquent, frequently a debtor, or bankrupt trader from the old world, has scarcely time to set his foot upon the new, than he is arrested upon some charge that has preceded him on his voyage. The law is generally overstepped in these arrests, which are mostly of an experimental kind, and done with the secret object of extorting money, rather than to promote the ends of individual, or public justice.

The police regulations in the interior, are, however, very defective, without any proper organized means of detecting crime, or bringing criminals to justice; society depending on its individual or own resources in the enforcement of the laws. According to M. de Tocqueville, "the lesser details of police, which renders life easy and comfortable, are neglected," while "disgraceful blemishes are seen in complete contrast with the surrounding civilization."

Committees are often formed for the detection of criminals, but are seldom efficient for such purpose, except where the delinquent is considered personally obnoxious to the community, and possesses no local

THE ASHBURTON TREATY.

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or partisan interest, by which he is otherwise protected.

The late treaty, concluded between Great Britain and the United States, generally designated the "Ashburton Treaty," has somewhat altered the relations between both countries, and placed them, in matters of this kind, (assuming its validity,) on a surer and better understood footing; the laws of each, no longer affording immunity for offences of a heinous kind committed in the other, by protecting the public offender—the murderer, or public robber, from the consequences of his crime on reaching its shores. By the 10th article of this treaty, it is agreed, "that the United States and her Britannic Majesty shall, upon mutual requisitions by them, their ministers, officers, or authorities, respectively made, deliver up to justice all persons, who being charged with the crime of murder, or assault with the intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged papers, committed within the jurisdiction of either, who shall seek an asylum, or shall be found within the territories of the other:"—and provides-"that this shall only be done upon such evidence of criminality as, according to the law of the place where the fugitive or person so charged, shall be found, would justify his apprehension, and commitment for trial, if the crime or offence had there been committed; and the respective judges, and other magistrates of the two governments, shall have power, jurisdiction and authority, upon complaint made under oath, to issue