received as an evidence of indebtedness, to be further established by other legal proof, before that a plaintiff could proceed to execution.

The number who annually avail themselves of the regenerating influence of the insolvent laws, in those States of the Union, where the laws of imprisonment for debt are yet in force, will scarcely admit of any just computation.

In the city and county of Philadelphia, comprising a population of from one hundred and fifty, to one hundred and eighty thousand persons, nearly eighteen hundred annually pass through this ordeal of redemption. The sessions of this court, are held in this city at stated quarterly periods, in each year, under the presiding care of the Honourable Judge King, who is also president, or chief judge of the court of Common Pleas, and whose forbearance and very commendable patience, as well as very extraordinary despatch in discharging some hundreds of these applicants at a session, we can ourselves readily bear witness. They are certainly brought before him in appalling numbers-sworn to their schedules, by platoons of some ten, or twelve at a time, or as many as can conveniently place their hand upon the Sacred Volume at the same moment; which they no sooner take from their lips, than they are dismissed with the most flippant levity, by this moral and arch expounder of American law, with the simple admonition to "go and sin no more." The sameness of this burlesque is sometimes broken in upon, by a chance opposition made to some less

FASHIONABLE DEBTOR.

147

fortunate wight, who is thereby doomed to pass through a further ordeal; though that the judge has no discretionary power to award punishment, for any well sustained charge of fraud, or otherwise, made against him; or ought, except to direct bills of indictment, to be preferred at the next sitting of the city grand jury. But this course is so very unusual, that we query if half a dozen cases have occurred where this procedure has been resorted to, within the same number of years, for almost any pretext will suffice; without indeed that the applicant is a stranger, and possesses no local interest to give sanction to his past proceedings. We were pointed out in the fashionable promenade of Chesnutstreet in this city, a well-attired, and in appearance a rather consequential personage, who was represented to us as a petitioner at every succeeding term of this court. His father, who was somewhile dead, had been an eminent physician, in extensive practice in Philadelphia; his mother, who was still living, allowed him sixty dollars per month for his individual expenses; yet with this, he still contrived to run into debt; and notwithstanding that he usually discharged his engagements every three months by aid of the insolvent court, still found persons ready to give him credit. He once more, perhaps for the tenth time, appeared before Judge King; who, a little surprised at again seeing him, at once addresssed him; and between whom and Mr. the following dialogue is said to have taken place.

JUDGE K.

66

What, Mr.

again here!

How is this? and three thousand dollars owing by your schedule!" which had been handed to the learned judge.

Mr.

Why-ye-yes, your honour; I have certainly been unfortunate-but 'twas impossible to avoid it-utterly impossible, under my late very peculiar circumstances."

JUDGE K. "It must be some very peculiar circumstances, indeed, that could run you into debt three thousand dollars beyond your means, and within the short space of a few months-pray how do you account for this?"

MR. horse that

JUDGE K.

66

"Your Honour-I had a race

Very bad very bad; race-horses I know from experience are very expensive; but-three thousand dollars within so short a time!

Have you no other way you can account for this unusually large expenditure?"

MR.

Somewhat hesitatingly. "Why,

your Honour -I-I kept -"

JUDGE K. "Not another race-horse, I hope." "Oh no, your Honour-I kept a

MR.

woman."

JUDGE K. Whose ears appeared to be somewhat tickled at the disclosure. "What! a woman! -a woman!"

MR.

JUDGE K.

66

Yes, your Honour-two women." "Two women! keeping two women,

Mr.--! humph !-enough to destroy and ruin any man living-the loss is easily accounted forvery easily-give him his discharge."

And Mr.

who was accordingly again released from his debts, or at least all further trouble, or inconvenience on their account, soon disappeared, nothing loth, amidst the crowd.

Yet such is American law, at least its mode of distribution in Philadelphia, amidst the sober, the sedate, and quiet descendants of the immortal Penn. What a lesson, nevertheless, in modern ethicks!what a precept of morality to impress upon the young mind of the coming generation, receiving their instructions in profligacy and vice--even from the legal tribunals-the judges of the country.

CHAPTER VI.

Criminal Law of the United States-Its mode of distributionTrial by Jury-Grand Juries in the United States-Their component materials-Their being subject to undue influence in the discharge of their duties-New York Grand Jury— Instances of its moral unfitness and profligacy-Essential difference between an English and American Grand JuryOfficial Charge of the Honourable the Recorder of New York to the Grand Jury of that city, explaining the duties. within their observanc-Uncertainty of redress on complaint in criminal cases-Sworn informations unnecessary as a preliminary in the arrest of a party complained againstNo protection afforded to the citizen against vexatious or illegal arrests-Justices of the Peace in the United StatesTheir general incapacity, their venality and worthlessnessExtreme latitude given to the Magistracy-American Police -Their general efficiency and organization-The late "Ashburton Treaty" with Great Britain, with reference to the surrender of fugitives from justice arriving in either countryPolitical Refugees in the United States -The general indifference and cold-heartedness of their reception-The expatriated Pole-Emmett -Sampson-McNevin and others, victims of the late Irish Insurrection-Fugitive Debtors in the United States-Affidavit of indebtedness sworn to in England, sufficient to hold a defendant party to bail in the United States- Juries in the United States, selected by ballot -This precaution frequently insufficient to insure impartiality, or guard against the perversion of justice on the part of the prosecution-Modes by which Juries are frequently packed in the United States, their selection by ballot notwithstanding.

THE distribution of the criminal law is equally entitled to consideration. On it depends our best security for liberty and life and the enjoyment of those advantages secured by the exertion, the industry, and perseverance of every citizen. It is manifestly the interest of all, the Peasant as the