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defence, if defence he could have made. The excitement in the public mind was intense, for there was no second opinion of Robinson's guilt-there could be none; for the facts revealed, would have convicted a legion; yet five or six days were spent in a laboured investigation. The laws, intended for the protection of the innocent, and punishment of the guilty, were perverted-basely prostituted to the cupidity of his prosecutor, and judge. Justice was veiled-and this inhuman monster, reeking with the blood of his slaughtered victim, walked forth in the face of the noon-day sun-unharmed-unscathed! Such the denouement-for Robinson was wealthy; at least his friends, whose fortunes were freely offered to rescue him from an ignominious death, and save the wretched life he had so justly forfeited to the outraged and abused laws of his country.

We

It may be asked how all this could come to pass, in such a city as New York, with a jury of rational and enlightened men, indiscriminately selected by ballot, and consequently far removed beyond the control of any extraneous, or ruling power. will reply, by supposing the judge to have received the full and admitted value of any honesty to which he might lay claim-the estimated worth of his very questionable, and acknowledged principles; and also to have received the aid and active cooperation of the District, or Prosecuting Attorney, secured by the same comprehensive means:-the ballot box under the control of this public officer, either filled for the occasion with the names of

citizens, who, it was well understood, would not attend if called upon as jurors, or with the names of others, who though usually punctual in the observance of this essential part of a citizen's duty, had received no notice to be in court, or in attendance for this purpose: all this, coupled with the usage of peremptory challenge, would ensure the difficulty sought for, of procuring from the ballotbox any sufficient number of qualified citizens, to constitute a jury on the occasion. The needy and accommodating judge had already received his cue-conned over his lesson, and in order, seemingly, to remove every unreasonable difficulty to the progressing of the trial, orders a tales, or jury to be taken and sworn from the nearest number of qualified citizens within reach. Were the selection even in this instance indiscriminately made, there would perhaps, be but little to apprehend, or find fault with; but on this occasion, where the ingenuity of the public prosecutor was strained to its very utmost, rather to acquit, than to convict the wretched individual on his trial, every temporary expedient of this kind, tending to promote the ends of public justice, was fully, and well prepared against.

The access to the Court-house, before that the hour had arrived for opening the doors to the public at large, was partly under the control of the same public officer; and who no doubt could well explain, how it was, that at an early hour, and before the public were admitted, every chink and corner of the court was filled with "good men and true"-the

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immediate and personal friends of the prisoner, or his relations, or those brought together for the purpose; and who being the nearest on the occasion, were as of course, the first from amongst whom the Sheriff made his selection of the memorable jury, that tried and subsequently acquitted this young man, and pronounced between him and his country, the astounding verdict of " not guilty"!

But a jury of the especial character of which this was composed, required but few apologies to contrive their verdict in accordance with their wishes. Abundant pretexts were prepared for them on the occasion; the suppression of evidence, which there was good reason to believe, was in the possession of the district or prosecuting attorney, before at least the termination of the trial; that if brought forward, would have coerced the jury into some respect for public decency, and dissipated every possible pretence on which to hang a doubt of the positive guilt of this wretched young man ; who also owed much to the tortuous-the disgraceful and highly unbecoming charge of the learned judge, in keeping with a most exceptionable demeanour throughout the entire proceedings. To the exertions of this legal functionary, probably in the fulfilment of his contract, may in part be attributed the scandalous termination of this most scandalous, and melancholy exhibition; disgraceful to the present state of American society and morals, and pregnant of a most instructive lesson; convincing the most sceptical of the perfect inutility of relying

VOL. I.

upon any human institution, or positive law, however good and unexceptionable it may be, for the proper regulation, and efficient government of society, so long as its distribution is intrusted to those in every way unworthy of our confidence, and unfitted by their innate degeneracy to the due fulfilment of any high or honourable trust: to whom probity is but a name; with whom the first principle of honesty and uprightness is considered a vague and senseless attribute.

It was remarked by Selden- That there could be no mischief done in a Commonwealth without a judge, for where the laws are administered with justice, promptness, and impartiality, the remedy for the evils produced by the vices, passions, and irregularities of men is always at hand, and the knowledge of this tends to keep those causes of moral evil in check. On the contrary, where the judges are indolent, of small learning, and want courage and honesty, the law becomes the very reverse of what it ought to be-a shelter to those who offend, a terror to those only who require its aid.'

Bacon in his advice to Sir George Villiers, says-'Because the life of the laws, lies in the due execution and administration of them, let your eye be in the first place upon the choice of good judges. These properties had they need to be furnished with; to be learned in their profession; patient in hearing; prudent in governing; powerful in their elocution; to persuade and satisfy both the parties and hearers; just in their judgments; and, to sum up all, they

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must have these three attributes; they must be men of courage, fearing God, and hating covetousness;

AN IGNORANT MAN CANNOT, A COWARD DARES NOT BE A GOOD Judge.'

And again: If any man sue to be made a judge, for my own part I should suspect him; but if either directly, or indirectly, he should BARGAIN for a place of judicature, let him be rejected with

shame.'

These are principles it were well that every American would calmly and patiently reflect upon -acknowledge their propriety, and become aroused thereby, to the necessity of a speedy and early reclamation of the many and fearful abuses of their present judicial system, that presents so many appalling evidences of abandonment and all former neglect.