delay tttc tttatty minutes.
us...
TWO DOLLARS PER ANt\'UM,]
VOL. XXI.
The L‘-lliltl at Prayer.
‘Twas sutnmer’s eve—~tlte rosy light
Had faded from tlte sky,
And stars came twinkling pure antl bright
'1‘ltrun;_lt the blue arch on high;
And the ivcstertt breezes softly stole,
To kiss tlte weeping Ilow’r,
Arttl nature wore her sweetest smile,
To bless tlte twiligltt hour.
Tltcre sa‘. within a cnrtain’t.l room,
A mother young and fair—
\Vlt:tt voice comes softly throtrglt the gloom?
’Tis cltildltootl‘s voice in prayer;
A clterttb boy is kneeling now,
Beside tltat rnotlter’s kuec--
She who ltatl taught him when to bow
Before tlte Deity.
A fatlter on the distant deep,
A sister slttut‘bring near,
‘A babe upon ltis mother's breast,
And that kind mother dear:
For ev.'ry living thing he loves.
Ilis pray’r ascends to heaven,
And for himself he lturnbly asks
Each sirt may be forgiven.
-‘ And in after years, when grief
Sitall bow ltis spirits down.
And tlte worltl. the cold and bitter world,
Shall meet him witlt a frown-—
And when allur d from virttte's patlt
He treads a dang'rous way-
Ohl lte will tttrn to the blest hour
When first ltc krtelt to pray.
_,!\nd the. kinrl band which tlteu was laid"
Upon ltis silken hair——
And the soft voice which t-tugltt lti:n first
llis si tn ple words of przty’r—
-'\Vi]| come again will) thrilling pt)w’r,
To still his pulses wild,
,Antl lure him back itt that dark hour,
As sittless as a L‘l:1i(l-
’fl-e pray’r iso‘er—the last fond kiss
By that kind rnntltcr given:
but rises no? from scenes like this
That t-hiltl's first pray’r to |tea\"n'.7
it does, it tlot-s——an nugt-l’s wing
llrts borne its to:te with joy.
‘And zhc enrrtr-st ltlessittg which it sought
Cntucs on the sleeping boy.
1*‘0r.Lt' or DtscttN't't;.\"t'.-—'I‘lte following little
anecdote ofa person who had contemplated self-
,de.stru:tiort. is very bt-autiful and touching:
“I was weary of life. and day after day, suclt
as some. have known. and none would wish to
'I’L‘tllC‘tl.l)t_'t‘, was hurrying alortg the street to the
.,river. wl.e:t {felt a sudden check. lturrted and
behold it little boy who hatl caught hold of the
skirt t.f my cloak in his att.\;iety to attract my
,;mticp, 1‘]lsltlJ),i.~L was irresistible. Not less so
was the lesson he had learned. ' There are six
of us and '.t.'c are dying for wartt of fund.’ \Vlt_v
-should I not, said I to rnyself. relieve this wretch-
ed family’! I have the means. and it will not
I But wltat if it rloes?
“-.I‘.he scene of misery he contlt.-t-tetl trtcto, 1 catt-
-not tlescribe. l tltrt-w them rtty purse. and their
..hurst of gratitutle ttvct'cattte rue. it filled rny
.('ye.<——iI ‘t)\'(*I'CUitI(! tire, I will call l()~l1lt)l‘l’0\\’,I
.,c,rietl. Fool lhatl was. to tltirtk of leaving at
world where such pleasure was to be had, and
t0 cltt-ap.—_Il.r.‘_t_fct'.s" .170/_1j.
(,3? The 1Bt'esitlent’s garderter is paid $1,000
jter artttuttt ottt of the i_l‘.1;%iIstJry, antl not nrtt_ol’
Mr Vatt Bnren's trivate torse.—1Y. Y. W/ztvr
, l l .3
037-’ Mr..Scvier, Senator from Arkansas, says
that there are ottly two classes who war agoittsl
tilte banks—those poortdevils who are so poor
:rh -y era-tut get -credit at the Lattks. and
iii-l"St) wicks-tl devils
banks, Iztatltcr screrc, but too truc.-—I'l)-
A sailor who had sertrotl on-boartl the Rom-
tncy. with Sir Home -1’opltatn. after retur-ttirrg;
rlttt-lt‘I() front -India. finding that wigs were all it:
_:f:.sltit~;rt, bespoke a red r-inc which he sported at
K’ortsrnon'tlt, to the great surprise his compan-
a't.u.ts. On being askt-tl the. cart.-e of tltc-cltartgeof
tcolt-rr ‘in his hair, he said it was occasiotte-d by his
tltatélsiug in the Red -Sea.
Lon.-n LIFE]-ZltLt'-—Dt)Ctttr, ltow does -myD'=ick
-ctm1evonin’1tislarniu:?
1)oc'r=ott l’.t.\'tr.t.rtss—-Apt, very aptt; deficient
in nothing but words, phrases and grammar.-—
1-Icir at Law-
Tlte aptncss of the Doctor's pupil was ‘f ‘rei-
ltly brottgltt to our rniuds on reading a ltandbill
printed in New-Orleatts, announcing a ball, and
concluding thus:
" Gentlemen will found to this estaltlislttttertt
an ollice fer deposit their cloks canes and weap-
ons, No person will not be adrnitte-l it) the ball
room with arty arms."—-—N. Y. Sta-r.
A CUutost't'Y.—-‘.Ve were shown a beautiful
specimen of theingenttity of birds a few days
since by Dr. Cook. of this borough. It was a
bird's nest, made entirely of silver wire, beauti-
ft.lly woven together. The nest was found on a
sycamore tree on the Cadores, by Dr. Francis
Beard, of York Co. It was the nest of a hang-
bird, and the material was probably obtainetl
from a soldier‘s epaulette which it had found.—
11765! C/tester Village (Pc1rn.) Record.
FAIR. PLAY.—.\Ir. Curran, who was a very
small man, having a dispute with a brother
counsel, who was a very stout one, in which
words ran high on botlt sides. called him out.
The other however objected. “1*‘or,” said he,
“ you are so little that 1 migltt fire at you a dozen
times without hitting; whereasthe chance is that
you would shoot meat the first fire.” “Upon my
conscience that's trtte !” replied Curran; “ bttt to
convince you that 1tlon’twish to take arty advan-
tage, you may chalk my size upon your body and
all that hits out ofthe rittgsltall go for nothing,”
A barrister entered the hall with his wig very
much awry, anti of which, not at all apprised, he
was obliged to endure from almost every observ-
ver some remark on its appearance, till at last,
addressing itirnselfto Mr. Curran. he asked hitn,
“Do you see any thing ridiculous itt this wig?”
The attswcr instantly was, “ Nothing but the
head."
A notorious toper used to mourn about not
having a regular pair of eyes; one being black,
and the other light hazel. “ It is lucky for you ”
replied his friend, “ for if your eyes had bt on
mute/Les, your nose would have set them on fire
long ago,”
who have tlefrattded the.
“DOWT GIVE Ur? THE iS.LitlP.”
FSQPXE ~’“§’A§JE§.. CQNN. V.’E?t]DI‘itI§:'If-§DAY. J§lPs’i'c1 53%), 1838.
Doc L051‘.-—Strayed or was stolen, from this
city, on \Vedncsday last. a large yellow curdog.
He had on a leather collar. with the following
letter on it : “J. C. Rives, \V. C.” A suitablt
reward will be paid to any person who will deli-
ver ltitn at this office.
From the above advertisement, which we cut
frotn the Globe of the 29th ttlt. it would appear
that one of the editors ofthat journal is among
the missing. VVe hope that he tnay be safely
restored to his disconsolate friends.-—-N. Y. l'V/rig‘.
POS'1‘SCR11"l‘ \V1tt'rrNG.——Geo. Selwyn once
affirmed in company that no woman ever wrote
a letter without a postscript.‘ “ My letter shall
refute you,” said Lady G . Selwyn snort
after received a letter from her ladysltip, when.
after her signature, stood. “P. S. \Vho was
right now, you or 1?”
Sttmmary Justice of Olden Tizne.
In the early settlement of the Colony of Con-
necticut, about the year 1642, under the adminis-
tration of Edwttt'd Hopkins, who for several
years was Governor ofthe Colony,a l21'.V was
passed by the General Court, as it was then cal-
led, prohibiting the killing of deer during those
months itt the year itt which they were poor and,
of little or no value; and subjecting the offend
er t.o the penalty of a fine of forty shillings,
“ one moiety whereof to be paid the treasurer of
the towrt wherein the offence shall be committed,
and the other moiety‘to hitn who shall sue for
and prosecute the same to effect. And in case
the delinquent shall neglect or refuse to pay
sttch fine he shall be publicly whipped on the
naked body, not exceeding 20 stripes.”
Sometime in the month of April, :1 month in
which the law forbade the killing of deer, one
of the Governor’s neighbors called on him and
stated that a bttck, for a length of time had been
in the habit of feeding on a, field of wheat near
his house belonging to him, and had become fat
' —prt1ying his Excellency, under the circttm-
stances, to give him permission to kill the deer.
The Governor replied, “I possess no authority
by which I can dispense with the 'lt1W-—liZ would
be evil of tendency and by no m-‘ans admissi-
ble.” The applicant ttrgcd his suit. by inform-
ing the Governor that he was poor, had a family
of small cltildreu—-that althouglt it was but of
tltc season for killing deer, yet the brick had
fattenetl upon his property, and it would be a
great favor to have permission to kill it. " I
cannot,” replied the Governor, firmly, “ permit
.'t.r,y one, under any circumstances whatever, to
violate the law—-if you s/could proceed to kill
deer, have you any reason to suppose tiny one,
would prosecute?” “I have one neigltbor,” re-
plied the applicaut, naming bitn, “ who like
myself is poor. and who frequently kills deer
hiutself ct ntrary to the law, though nobody
complains of him——tltis neighbor, I have reason
to fear, \vou‘ld"pr'oscettte for the benefit of tltrtt
part of the penalty to vt-lnclt he would be enti-
tled by the statue.” “But,” said the Governor
“ in case you should kill the deer-—tltettglt re-
rnenrber I give you no permission to do it, would
it not be advisable for you to make a present to
that neighbor, of a quarter of the venison to se-
cure his friendship and silence?” Upon this,
the applicant, witltout pressing his Excellency
further, made ltis bow and retired.
About three weeks after this, the neighbor
who had been named, called upon the Governor,
made complaint, and demanded a warrant
against one of his neighbors for killing a. deer
contrary tolaw. “ VVltt1t cvfdence,” asked the
Governor, “ have you in support of your corn-
plaint!” Why replied the complainant, °‘ lte
told me himself‘ he killed the deer, and more
than that, gave me rt quarter of the venison.”
“ Indeed 1"’ said the Governor, “ and how did you
find it’! was it eatable at this time of the year ?”
“ Oyes, sir,” replied the complainant, “it was
really fztt—we have had an open winter, you
=: know, sir, and the deer has fed on a field of
' wltcrtt belonging to the tna.n that killed it, and
was as fat as deer usually are iii the fall of the
ycar.."” Upon this disclosure of facts, the Gov-
ernor suggested to the complainant whether it
would not be better to let the thing pass ofl’
witbottt any prosecution. “ You ought to con-
sider,” said he, “ we are here in a new country
—-provisions are scarce—~many of us experi-
ence grest difiiculties in sustaining our families
—y~'u are not insonsible that the reason and
object of the law was to prevent the destruction
of the deer during the season irt which they are
poor, and not fitto be eaten—you say this veui ,
son was fat, and had become so by feeding on
the wheat of the neighbor who killed it. Irt ad-
dition to this, you acknowledge he gave you :1
quarter ofthe venison. Now, under all these
circumstances, would it not be considered un-
reasonable, and even ungrateful, to insist on
prosecuting this neighbor, who, by your -own ac-
ctrur-t, has been so kind to you’!
But notwithstanding these suggestions, this
second Shylock continued to press ltis suit, ob-
serving to the Governor, “I know my rights,
sir-—I know I am entitled to one half of the le-
gal penalty-—I also know. sir, you are sworn to
maintain and execute the law——you cannot, you
dare not disallow my complaint and deny me
ll e b‘ n=.~fit of law !" The complaint was filed, a
warrant issued upon it, and the delinquent was
arrested and brought before the court, and being
put to plead to the matters charged in the com-
plaint, pl( axled “ Gutlty.”
As soon as the Governor had pronounced the
sentence of the law upon him, the delinquent irt
11 mild but firm tone of voice replied, “ situated
as I am. I cannot undertake to pay the fine of
forty shillings--1 feel unwilling to starve my
wife and children by shunning my back from
the lush of the wltip—I shall offer it as a. satis-
faction in lieu of the fine.” The Governor ac-
cordingly made out and de ivered to the consta-
ble the warrant of cxecution—-a. knowledge of
the proceedings had roused ti spirit of indigna-
tion among the neighbors against the prosecu
tor. and had brought them together to attend
and hear the trial. The delinquent presented
his naked back to the oflicer, observing to him
that it would be unnecessary to tie his hands,
as he should neither make resistance or attempt
t.o escape. The constable t.icd a light tow
string‘ to the ettd of asltort stick and began to
perform his duty by strokes more suitable to
brush away flies than to inflict pain ttpon the
back of it criminal. The Governor stood by
with ltis law book under his arm, counted for
the constable; and as soon as ten were rtttrnber-
ed. cried out, “ stop, sir, let. me see how the law
reads !” Then opening the book, read “ the
other moiety to him who shall sue for and prose-
cute the same to effect.” This proscctttor is
entitled to one half ofthe pen:tlty—tttlie him
' and bestow upon him the remaining ten stripes.’
‘*0. bttt stop a little,” said be starting back-
"touch nte.ifyott dare! VVhy. 1 ltave not beer.
tricd—yon can't whip me,” and made some at-
tempts to escape. lint the bystanders, regard-
ing the comtnand oftlte Governor more than the
f'CllltHlSllӣl'lC8S of the courplainaut, instantly laid
ltantls upon hint. not it) the most tender attd deli-
catc manner. and having bated his back, and by
the assistance ‘of cords placed him in a posture of
lruggirtg a tree, made room for the approach of
the ofiicer. The tow string was now excltanged
fora good attd ellicjient horse whip—-“ l\Ir, Con-
stable,” said the Governor. “you are acquainted
with the circtrrnstanees attending this case--1
hope you will perform your duty faitltftrlly.”
" Yes, please your Excellency,” replied the
constable, " l lhinkI know my tlttty, and I guess
I shall perform it to the satisfaction of all present,
with the exception ofone only. I have already
executed one serttence according to law-tltis I
intend to execute according to law and equity
bot/L.”
ly the time the ten stripes were all told. the
sufferer's back exhibited ample testimony of the
indignant feelings ofthe spectators, and present-
ed a durable srzr'c0grap/tic record of the prompt
administration ofSurnmary Justice.
From the Cincirtrttzli C’/tronicle.
The Hole in my Pocket.
It is no\v about a year since my Wife said to
rue cue day. ‘ Pray, Mr. Slackwaler, have yott
got that ltalf dollar about you that I gave you
this morning?’ I felt. irt my waistcoat pocket.
and I felt itt my breeches pocket, attd I turrted
my purse inside out, but it was all empty space.
which is very different from specie ; soIsaid to
Mrs. Slackwater, ‘I'.ve a ltole in my poclcet 1"
' I'll sew it up’ said she. -
In an hour or two after I met Tom Stebbins.
‘How did that ice cream set '.’_’ said Tom. ‘It
set,’ said I. ‘like thesun, gloriously.‘ And as I
spoke, it flashed upon tire that my missing half
dollar ltad paid for those ice creams. llowever,
I held my peace, for Mrs. Slackwatersometimes
makes remarks; and even when she assured
ttte at brealtfast next morning that there was no
ltole in my pocket, what could I rlo bttt lift my
brow and say, ‘Ah! is’nt there.’ really!’
Before a week had gone by, my wife who.
like a tltttiful helpmate, as she is, always gave
me her loose change to keep. called for a 25 cent
piece that ltad been depositedin my Sub-’1‘rea-
sury for safe keeping, there was a poor women
attlte door,’ she said, ‘that she promised it to her
for certain.’ \Vell, wait a tnoment,’ Icricd, so
I pushed inquiries first in this direction, then in
that. an 1 then in the otltcr, bttt vacancy returned
a groan. ‘On. my soul,’ said I, thinking it best
to show a bold front, ‘you must keep my pockets,
in better repair, Mrs. Slackwater; this piece
with I know not how many more more, is lott
because some coruerscatn in my plaguy pockets
is left open.’
‘Are you sure?’ said Mrs. Slackwater.
, ‘ Sure! ay, that I am. it’s gone, totally gone!‘
My wife disrttissed her promise, anti then, irt be:
quiet way, asked me to change my pantaloous
before I went out, and to bar all argument, laid
another pair on my knees.
That evening, allow me to remark. gentlemen
of the species ‘ husband.’ I was very loathe to go
home to tea ; I ltad half a mind to bore some
bachelor friend; and when Hunger and Habit,
in their unassuming manner, one on each side,
walked up to myown door the touch of the brass
knob made my blood run cold.
But do not think that Mrs. Slackwater is a
Tartar, my good friends because I thus shrunk
from home; the fact was that 1 had, while
abroad, called to mind the fate of the 25 cent
piece, which I had invested in smoke, that is to
say. cigars. and I feared to think of her comments
on my pantaloous pockets.
These things went on for some months, we
were poor to begin witlt. And grew poorer, or
at any rate no richer. fast.
Times grew worse and worse; my pockets
leaked worse and worse, even my pocket book
was no longer to be trusted, the rags slipped
from it irt a manner almost incredible to relate ;
as an Irish song says:
" And SlI(‘.l| was the fate of poor Paddy O’More,
Tlntt his purse had the ntore rents as he had the
fewer.”
At length oneday my wife -came in with a
subscription paper for the Orphans’ Asylum, I
looked at it, and sighed, and picked my teeth,
and shook my head, and handed it back to her.
‘ Ned Bowen,’ said she, has put down ten dol-
lars.
‘ The more shameto hitn,’I replied, ‘ he 'can‘t
aflbrd it ; be can butjustscrape along any how,
and in tltese times it ain‘t right for hitn to do it.’.
.\Iy wife smiled in her sad way, and took the
paper back to him that brought it.
The next evening she asked me ifI would go
with her to the Bowens; as I had no objection
we started.
I knew that Ned Bowen did a small business
that would give ltitn about $600 a year, and I
thought it would be worth while to see what that
sum would do in the way of house keeping.
VVe were admitted by Ned and welcomed by
Ned’s wife. a very treat little body, of whom
Mrs. Slackwater had told me a great deal as
they had been school-mates. All was as nice as
wax, and yetas substantial as iron; corrtfort was
written all over the roout. The evening passed
somehow or other, though we ltad no refresh-
mcuts, an article which we never have at home,
but always wantwheu elsewhere, attd I return
ed to our establishment. with mittgled pleasure
and chagrin.
‘ VVltat a pity,’ said I to my wife, ‘ that Bow-
en don’t keep within his income.’
‘ 1Ie does,’ she replied.
‘But how can he on $600,’ was my answer.
‘if he gives 5310 to this charity and 5 to that, attd
lives so snug and eontfortable too.’
‘Shall I tell you I’ asked Mrs. Slackwater.
‘ Certainly. ifyou cart.’
‘Ills wife,’ said my wife, ‘finds it just as
easy to do witltont $20, or $410, worth ofribattds
and laces as to btty them. They have no fruit
but what they raise attd ltave given them by
country friends, who they repay by a thousand
little acts ofkindness. They use no beer, which
is not essential to his health, asit is to yours, and
then he _buys no cigars, oriee ereatn or apples at
100 per cent on market prices, or oranges at 12
cents a piece, or candy, or new novels, or rare
works, that are still tttore rarely used ; in short
my dear Mr. Slackwatcr, he has no /role in his
per:/(ct.
‘ It was the first word of suspicion my Wife
had uttered on the subject, and it cut me to the
quick! 1 sltould rather say it. sewed me up,
’:i
[PAYABLE IN ADVANCE
+_.z
N0. 67.
rnd my pockets too. They have never been in
uoles since that evening.
Report of the Joint Select Committee on
J'ttt‘.iciary Jélxpezascs.
’l‘lte Joint Select Corrtmittee. to whom was re-
ferred so tunclt of the Governor's Speech as
relatrs to “Judicial Expenses," respectfully
report in part:
That, sensible of the importance, as well as
the difficulties ofthe duty assigned to them. they
have devoted as much time to art investigation
ofthe subject as was consistent with a proper at-
tention to other duties. A cctttplele report, autl
such as the interest of the State tlernands, would
require, besides other important matters, an
examination of returns from the several Court-.-
for a series of years, and a contparison of such
returns with one another, as well as reference of
specific or irttlividttal charges to the several
Statutes under which they ltave been matle. But
as such a report would obviously be the work of
more time than the committee are able to de-
vote, they content themselves with spreading be-
fore the Assembly some facts and suggestions,
which may serve as the basis of legislative enact-
ment, hy which to remedy such abuses as have
grown out of either an entire evasion, or a lax
constrttction ofexisting Statutes.
The present report is tlesitzttetl to embrace the
following subjects :—1sl. The increase for a
series of years of the Jtulicial expenses of the
State, 2d the cause ofthis increase, and 3d the
remedies.
By an act passed at the Way session of1803,
the Treasurers of the several cottrtties were re-
quired to keep an accottrtt ofthe expenses of the
Court of Common Pleas, then so called, includ-
irtg ihe compensation ofthe Judges, arttl the in-
cidental expenses of the Court, and also the
avails of the Court. including all the fines arttl
penalties collected anrl paid into said Treasuries
in each year; and in case the avails wereinsul‘li-
ciépt to defray the expenses, the Comptroller
was ordered to draw on the State Treasury for
the balance; bttt was not to draw a greaterisum
than the antourtt ofthe avails paid ittto the Trea-
sury from each count_\- the year preceding.
The effect of this Statute was to keep dowrt
:|teJt.-dicial expenses. inasrntrclt as it became the
interest oftlte several (counties, autl oftlte towns
belonging to them. to lessen the tlemands upon
their Treasuries for balances beyond the avails
of the Courts, and the atnottnt, eqttal to said
avails. which was allowed to be drawn from the
Stazc Treasury. Every individual liable to pay
taxes, had ,a personal interest to prevent unne-
cessary prosccutions, as thereby lte lessened his
taxes. Ilence, as late as 1810, the amount
drawn frotn the State Treasury for Judicial Ex-
penses, (exclusive ofthe salaries ofludges.) ac-
cording to a table in the Comptroller's otlice.
was 89.533 Five years after. 1815. the
amoutif drawn was only $10,008 97. In 1820,
$12 -161 31. During tt.e five succeeding years
there zvasa gradual increase, the amount being
in 1825. 316.713 58; and itt 1830 it had teach-
ed 22.870 02.
At the May session, 1831. the Statutes on this
stthject, underwent an itrtportant alteration. By
a Resolve of the Assembly, the Comptroller was
directed to draw ordcrsirt favorof the Treasuries
of the several counties, upon tltc Treasurer of
the State, for such balances as he might lindrlue
for the Judicial expenses ofthe Jtttlges. Sheriffs.
Deputy Sheriffs, anrl Constables, for the deben-
ture in their respective County Courts, and for
other purposes specified irt said Statutes, after
deducting the avails ofsaitl Courts, and fines and
penalties. paid into the Treasury.
From the passage of this Resolve, the Jttriicial
Expenses have rapidly irtcreased. Irt 1835-6,
by which time the above Resolve ltad cottte into
general operation, and its effects could he tested,
the atnourtt drawn from the State Treasury, ex-
clusive of salaries of Judges, was 5529.003 41;
or more than $6000 a‘. ove the orders for 1830.
And still rolling up, as time passed on. itt 1837-8.
the amount drawn was 3:33-1,115 22; or more
than $5000 over the order of 1 ‘Z-5-6. Ifto this
sum be added avails of Courts, salaries of.Iudges.
(ice. the whole Judicial expenses for the fiscal
year. curling 31st of March, 1838. are estimated
to fall but little short of50,000 dollars.
For an account of the Judicial Expenses for
each year since 1810. exclusive of avails of
Court, see Appendix, A-. ,
This exltibitiou oftltestate of our Judicial ex-
penditttres, may with propriety attract the atten-
tion of the General Assembly. with the people
ofConnecticut. They see in operation a system,
which, irt former years, was mattaged at a
moderate expense to the state, requiring. within
a few years, large and yearly increasing drafts
upon the Treasttry. These drafts or orders for
the year just ettded, amounted to within about
1.000 dollars of the whole income front the State
Tax.
Great inequality exists in the several counties
in respect to tieliciettcies of avails of Courts, as
may be seett by a statement oforders drawrt by
the several counties iu1-S37-8, accompanying
this report, for which see Appendix B.
Bills of cost in public prosecutions have also
been enlarged within a fewyears, and are yearly
increasing itt number anti amount. In a single
county, there have been, within the last year,
160 criutinal prosecutions, at an expense to the
State ofmore than $5.500. For a statement of
the amouutofBillzt of cost for the two preceding
years in tltc several counties, see Appendix C.
It was desirable. in view oftlte eorttrtrittee, to
distinguish between the expenses ofthe Superior
and County Courts; but they were compelled
to relinquish the attempt. as the accounts of
these Courts rentlered to the Comptroller are so
blended, that a separation could be ellected, ifat
all, only by tinte and patient labor. Still it is
apparent, that. from various causes, the great ac
cumulatiou ofexpense grows out of the county
court system, under its present arrattgemect and
operation.
In assigning the causes of the great increase
of Judicial experfses—to which the cornutittee
next proceed -—cspeciully oftlte county COUFIS. it
should be borne in mind that crime, at certain
periods, and ttrrder peculiar circumstances, of a
state or country, may sensibly increase; and
hence a greater number of prosecutions may be
necessary, and the expense attending tltem in-
crease irt a similar ratio. But independent of
this cause, which may have existed for a year
or two, rtttder the general embarrassments ofthe
country, there exists a disposition, it is believed.
arid the disposition gathers strength every year.
to multiply prosecutions.
By the Statute of 1831. already noticed, the
several counties were relieved of all the burden
ofdutltcial expenses; and from that titne they
felt corttparativcly little ittterest to keep tlowrt
the expenses irtci-dent to our courts. Although
in fact as tntteh their duty and interest, tlrey
ltove ttot so clearly perceiverl it, as when a col-
lector was annually knor:king at their doors for
taxes to meet bulattces beyond avails of courts.
The people, indeed. still pay these expenses, bttl
through a rlifli-.rer'tt and more circuitous eltnnnel.
The money no longer comes frotn the county,
but the Statc'1‘rcasttry. This last is it golden
reservoir, \\'l)l('lt every one, who has the scrub-
lancc of law, ft,-cls at liberty to tap, and draw
from, to the last precious drop which the law
pertrtits; and quite prtssiltle the vent is not in all
irtstattces stopped, where the liberty oftlte law
entls. '
Having presented this general view, the corn-
tnittee proceed to the specification and illustra-
tion of particular eatrst.-s.
In sonte counties ofthe state, it is the practice
ofdndgrs, Slterills, Deputy Slterills, and Mes-
sengers, to cltarge for several days each term of
Cotrrt when not in actual session. Irt some in-
stances a charge is made for the constant attend-
ance of :1 Deputy SltcrilI'. when he is present
only at the opening ofthe Court, oroccasionally,
as his presence is l‘(?t]ttll‘t't1, or perhaps not at all.
It was in evidence before the cotnntittee, that in
one county an average of eight days are thus
charged by the members ofthe Cottrts and their
attendants beyortd the actttal sitting. \\’ere this
practice prevalent in the several counties, attd
only to the average extent of eight days caclt
term, it would make a difference in favor of
Jurlges, and against the state, of 876; in favor
ofSheriffs 3:316; of Messengers $8; of Deputy
Sheriffs $39, (supposing the actual session to be
18 days and the charge to be 26 days,) which
sum is charged when no Deputy attends. And
to this is to be added art extra charge of Messen-
ger ofone or two dollars for opening and closing
court room—rt:.'t|.'ing art aggregateofS1~10 eaelt
term, or $3,360 in a year, there being 21 ses-
sions ofthe several county courts.
This rate of extra charge, as to time, is not,
ltowcver, uniform tltrotrgltnttt the State; and itt
respect to some counties your committee have
had no opportunity ofascertaiuing whether the
practice exists at all.
They are able, however. to present the follow-
ing as the practice of one county court for several
terms. gathered from ollici.-tl docutnents.
Days Days Days
W376. of seszsiov. i‘lltlt'g(-.'(I. over chug.
Nov. Term «'11 50 9
1837--Marc-lt 2-1 30
June 9 _ 12 3
Noveutlter 36 -14 S
.1838-—t\1 arch 31 37 6
In the above five terms of this eourt_ there are
overcharged 32 days, Wl1it‘ll to the Jttrlges would
give {.701 dollars; to tltc Slrcrilli 6-l; dollars; to
tie Deputy Sherill 48 .lollar's; Messengers 32
dollars; total 418 dollars.
By the Statute the price allowed gaolers for
dieting prisoners is regulated by the several corm-
ty courts. In some counties the price is fixed
at $2 per week; artd was doubtless designed in
such cases to cover the board and attetttlrtrtee.
without. additional charge, except itt cases of
sickness, or other extraordinary circumstances.
Yet extra charges are tnade and allowed, irt re-
spect to the prisoners of some gaols, of 25 cents
each per week. “ for emptying tubs"-.—ora gross
sum is charged of $50 per annnm.
The statute also provides that each gaoler
shall be furnished for the gaol he keeps. neces-
sary fttel, bedding. &c. Great licenses are
sometimes taker: under this general provision.
As an illustration ofthe amount ofexpenditnre
in some cases ttttder this allnwartee, the following
accounts ofthe gaoler of the New Haven Gaol
are subutittctl.
1835, Marclt.585 bushels oft-cal for gaol, $73 12
Beds, blankets, and straw, tars 56
1836,March.-198bt.shelsofcoalfhrgaol. 92 87
“ “ Beds, blankets and straw. 145 30
1837, l\'Iarcb,819 bushels oft:oal,forgaol. 159 68
Beds, blaukets.aud straw, 66 17
From this account, it will be perceived, that
coal is charged for the last two years at witltin a
fraction of 20 ccrtts per busltcl—whilc the ex-
pense to the state in the article of beds, blankets
and straw, for three years, is $348 13; or, on
an average of $116 per annutn; or, (there being
only six rooms) more than 19 dollars for each
rootn each year. .
It ltas been stated to yourcomrnittee on credi-
ble attthnrity, that in sortie counties, State At-
tornies are it) the practice of taxing on bills of
cost (which have already been taxed and allow-
ed) one dollar for every item added afterwards
to make their. complete; and that instances
ltave occurred in which five and six dollars ltave
been taxed on the same bill of cost.
The payment of Jurors of one dollar twenty-
five centspcr day, fortns anotlteritem ofexpense
to the State of great magnitude. From this
quarter. the demands ttpon the Treasury quad-
rate with other judicial drafts. The following
statement will show the balances of Jury bills
ovtr and above what is paid by the parties irt
Court for three cottscctuive years.
35 is
56 06
1835-6 1836-7 1837-8
Hartford Co. 55067 22 $1333 85 $051 78
N. Haven do. 9235 76 1058 60 1305 88
N.Londoutln. 565 90 595 80 7118 29
Fairfield tlo. 571 65 500 10 7-11 69
VVindham do. 657 80 579 46 7-11 5-1
Litchfield do. 806 78 582 19 783 07
Middlesex do. 963 76 521 42 51.2 06
Tolland do. 1502 50 271 5-5 435 (50
$5,166 28 $5,532 88 535.211 9.]
It were easy to adtluce numerous othercauscs,
and illustrate them by a rcferertce to facts, of
the increasing expenses of the Judicial system
of the State; but the coutntittee conclude this
branch of the gfincffll Slll)jC('l Wllll briefly allud-
ing to the following, viz :—-want of tlespatclt irt
the cotrrtty cotttts—inattcntion to ecnnottty on the
part of State Attornies—-unnecessary multiplica-
lion ol witncsses—nnfitunt.led prosecntions——ex-
pense of transportation of convicts. In 1833—9
the transportation of 60 convicts was elI'eetetl at
a cost to the State of ‘$526 19 ; itt 1836-7. of 6:2
convicts at acltarge of $566 86 ; and iu1837—8,
of6l, at the expense of $618 21.
The remaining subject of inquiry proposed by
your comtnittee, respects remedies for the evils
disclosed itt this Report.
A prelitrtinary question deserves consideration.
\Vhencc arises the great increase ofexpcnscs at-
tending the adrninistratiort of justice by our
county courts? from essential defects in the sys-
tertt itself? orfrom a wrong adtnirtistratiort uttder
it ‘.7 or from botlt combined?
The operation of an imperfect machine will
rtr-tzessttrily he itnpe.-ft-rrt also. however skilful be
the managenrertt ofit; or tfthe tuaehirte be per-
feel, and the management be careless and un-
skilful. a similar result may be expected ; while
if both rnuehirte and rnan.'tget'nertt lie in fault,
tltttl -lv itttperli-cl will be its operation.
1)ill'et'cut opinions prevail as to the merits of
our County Court system. By some it is pro-
nounced essentially defer.-live, and existing evils
and altnses are r.-ltielly ascribetl to the system it-
self. By otlters these evils and abrtses are charg-
etl to tttistttart:-tgcruent —antl by these latter 8
comparisorr is apt to beinstituted between the re-
sults of former and latter years. The system.
say they, is essetttially the satnc that it was 20
and 230 years sittee, artrl although the state of so-
eiety may have varied atttl crime somewhat in-
creased, the augmentation of expense is beyond
any fair proportion. Hence the conclusion that
the svstem is not tlefr-ctive, as the management
under it is faulty. By a third party, the evils
complained of are rt.-eriltetl to lzotlt llte system
and the managetnertt of it.
lftbe system itself be the foundation of these
evils the l‘Jl):(‘(ly is obviously either an entire
change or l1t0(llIit':tlit’tn of it. But while your
comtnittee are arrtong those who believe that
something might be gaitted by a_ modification of
it, they are of opinion that whatever changes
might be effeetetl, and how frrqurntly soever,
without a judicious and econorttical manage-
ment. the evils now t-omplaitted of would result
under the most perfect system.
The only ell}.-cttral-rt-rttedy. in the opinion of
your contntittee. is the appointment to judicial
otlice of such tnett as, while they are watchful of
their own interests. are not uutttiudful of those
of the public.
But while this remctly is paramount to all oth-
ers, yet, as selfish men will tnore or less find
their way to ollice, whatever party be dominant
iii the state, it becomes necessary toguard against
frauds. which maybe practised under a lax and
selfish construction of such statutes as relate to
compensation.
This guard may be two-fold; first, a revision of
such statutes as are vague and wanting in pre-
cision of lartgtmge, with art alteration of such
others as allow a cotnpeusation greater in value
than the service rentlered ;——and, secondly, a
watchful snpervi.-ion like that which is demand-
ed irt respect to the banks of the State—~an oc-
casional inspection of the interior movements—
and an exposure to public view of suclt fraudsor
abuscsofatty attd every kind, as at any time may
he discovered.
In accordance with these views, and under 11 -
firm conviction of the itnportance of the measure
to the State, the conttrtittee beg leave to recom-
mend the passage of the Resolve accompanying
this report.
The r-omntittcc ltave in preparation certain
acts. wltielt they propose to submit in a future
report, tlesigrted to remedy some at least of the
abuses, which are ltercin disclosed.
All of which is respectfully submitted.
By order of the Cornmitlee.
CIIA RLES A. GOODBICII, Ch'n.
APPENULA.
A
Judicial Expenses of the State fftlm OCl- 1310c
to 31st April, 1838, exclusive of avails of
Courts attd salaries of Jutlges.
tsto :s9,4:-;‘ 35 . 1825 16.713 88
1812 10,288 18 1826 13,431 85
tst3 9,2416 90 -1827 15.0s4,.95
1814- 10.203 19 -1528 17,571 12
1815 10.003 37 1529 23.209 11
1816 11.048 42 1330 22.770 02
1.817 13.867‘ 4.»; 1s-3t. 24.106
tsts 15,1r.o 73 1832 25.712 44=
1819 11.6‘.){-) 67 1833 21.844 91
ts-20 12..nr. 31 teat 27.410 41
1821 3.493 50 1835 29.008 41
18:22 11,398 57 1836.. 29.661 67
1823 13.274 0:; 1337 32.219 57
18:21 14,278 90 1838 34.115 32
13
Statement of orders drawn by the several
Counties in 1837-8 for deficiencies of avails of
Courts. _
Hartford County, $4,471 75
New Haven, do. 7.918 29
New London do. 3,355 36
Fairfield do. 4.832 18
\Vindham (in. 2.213 28
Litcltfield (lo. 4.537 53
llilitldlesex do. 1.4734
Tollztud fdo. 1.645 17
c
Statement of bills of cost in public prosecu-
tions for two years.
1836-7. 1837-3-
Hartford County, $3.4-'15 51 $2.975 34
New Haven do. 4,863 88 5,542 42
New Lrndon do. 2,281 1.7 1.622 21
Fairfield do. 4.347 19 3,905 21
Vl/intlham do. 843 '79 1.471 74
I.til(:ltl‘icl(l do. 2095 18 3,121 71
Mitldlescx do. 877 06 782 09
Tollund do. 688 48 840 77
$519,.-1.12 '26. $20,261 49
LAWS 0 1c‘ CON 1\_TE(:’1'IiCU"l‘,
Passed, May Session, 1838.
An Act in alteration of an Act entitled “An
Act for cm-st.irutingaud regulating Courts, and '
for appointing the times undplaces of holding
the same.”
Ste. 1. BE it enacted by the Senate and
House of Representatives, in General Assembly...
converted, That the several County Courts in
this State, after the rising of this Assembly.
1‘-
..o“".
shall res] oetively be held by one Judge residing,*._..l".‘
in the count.y, who shall possess all the powers;
and pt-r:"orm all the duties hitherto appertaining-
to the ofiices of Chief-Judge and Associate
Judges of said court, or either of them, except
as llC'l't"IIltlil€l‘ provided, which offices shall
thereafter be discontinued and abolished.
Sec. If the office of Judge of the County
Court shall be vacant, or the Judge be disabled
by sickness, at any titnc when the General As.
scmbly is not in session, the Clerk ofsaitl Court,
butif there be no clerk able to net, then the
Slterifi‘ of such county shall give notice thereof,
as ()t’:C.':sinn may front time to time require, to.
the Judge of some other County Court in this
State, who shall thereupon have power to per-
form all the duties of Judge in the county
where such vacancy or disability has occurred,
during the eontinttunee of such vacttncy or
disability; and whenever the Judge shall be
tli.-quztlitied to sit in a cause pending before stud
court, which is not ttppealable, his place shall be
supplied by three J usticcs of the (Peace, select-
,;.-..
Norwalk Chronicler