Mitchell, a justice of the peace of this state, on aing in a judicial capacity, and for that reason they charge that the prisoner hath forged or counterfeit refuse to issue a mandamus, and founding their ed a number of protections for American seamen,— judgment on this distinction, they virtually declare, This, it is believed, is no offence against this state; that the granting a warrant of commitment is not a but is an offence against the laws of the United judicial act. I am aware it may be said, as all comStates. mitments must be founded on some evidence, in all

I am called upon, on the part of the prisoner, to cases of commitment a judicial act must be perdischarge him from custody, under this warrant, be formed. There is certainly an opinion to be formed cause it contains no accusation under the laws of on the nature and sufficiency of the evidence adthe state, and it is contended, the magistrate who duced; but if such an exercise of the mind be a committed him, being an officer of the state, had judicial act, then almost every function of all the no authority to commit him for an offence against inferior officers of justice will be judicial, and even the United States, because the 33d section of the constables, who have, in certain cases, the power judiciary act, (1 vol. laws U. S. p. 72) which in its of commitment, will be judicial officers. This is terms authorizes such commitments is unconstitu- preposterous. There must be some more correct tional. view of the subject, and to obtain it let us resort It is contended:to authorities. Our object is to ascertain whether 1st. That by the 1st section of the 3d article of the the function of a justice of the peace, in granting a constitution of the United States, "The judicial warrant of commitment, be judicial or ministerial? power of the United States shall be vested in one It is not denied, that a justice of the peace does supreme court, and in such inferior courts, as possess certain judicial powers, but it is denied congress shall, from time to time ordain and es-that the granting a commitment is a judicial act. tablish"-and that this judicial power in criminal We must carefully distinguish between the original cases is under the constitution, exclusive of the duties of a justice of the peace and those which authority of the states: have been subsequently imposed upon him-The 2d. That the act of granting all warrant of com- first constituted him merely a conservator of the mitment is a judicial act, and therefore, in cases peace-the latter have made him a judicial officer under the laws of the United States, to be exclu--the first authorized him to apprehend and comsively performed by an officer of the United mit offenders-the latter, in many cases, have conStates: ferred upon him the power to try and convict. Sd. That it is my duty as a judge of this state, un- Sir William Blackstone, (1 com. 351) after speakder the Habeas Corpus act, to take cognizance of ing of the occasion of the first appointment of these this case on the grounds stated. officers, says "It was ordained in parliament that 1st. All these questions are important and diffi-for the better maintaining and keeping of the peace, cult; and the first is of peculiar importance. It has in every country, good men and lawful, which were been a controverted question from a period ante-no maintainers of evil, or barretors in the country, rior to the adoption of the constitution of the Uni-should be assigned to keep the peace; and in this ted States, and still remains unsettled, and I am manner, and upon this occasion, was the election of happy to be relieved by the opinions I have formed the conservators of the peace taken from the people on the other questions, which the case presents, and given to the king; this assignment being con

from the necessity of deciding this.

strued to be by the king's commission: But still they

2d. Is the act of granting a warrant of commit-were only conservators, wardens or keepers of the peace till the statute 34 Ed. 3, c. 1, gave them the power ment a judicial act?—I think it is not. I am aware of a late decision (the case of Joseph Almeida, in of trying felonies, then they acquired the more honoMaryland) in which this question has been deterrable appellation of justices." mined in the affirmative. In this opinion I cannot "The power, office and duty of a justice of the concur. The only authority which is relied upon ral statutes which have created objects of his jurispeace depends on his commission, and on the seve to support this opinion, is a single expression con-diction. His commission first empowers him singly tained in the decision of the supreme court of the United States, in the case of the United States vs. the power of the ancient conservators at the comto conserve the peace; and thereby gives him all judge Laurence-(3. Dallas' rep. 53.) This authority, it is evident, has been misconceived. That mon law, in surpressing riots and affrays, in taking was a case in which, under our consular convention securities for the peace, and in apprehending and with France, judge Laurence, who was then the committing felons and other criminals." (id. 353, 354.) district judge of the United States for the district Who are these conservators of the peace who of New-York, had been required, by the vice-consul possess the same authority to commit as justices of of the French republic, to issue a warrant for appre- the peace? Are they judicial officers? Among others, hending captain Barre, commander of the frigate sheriff's are conservators of the peace-"Constables, Le Perdrix, belonging to the French republic, as a tithingmen, and the like, are also conservators of deserter. The judge was of opinion, that before the peace within their own jurisdictions; and may the warrant could issue, the consul should prove apprehend all breakers of the peace, and commit by the register of the ship or roll d'equipage, that them till they find sureties for their keeping it:"captain Barre was one of the crew of the Le Perdrix. (Jacob's law dict. tit. Conservator of the peace, vol.. The consul offered other proof; but the judge 2, p. 26.) "Conservators of the peace did commit thought this indispensable; whereupon an applica- at common law, and it was incident to their office, tion was made to the supreme court for a manda- as it is to the office of justices of the peace who are mus, to compel the judge to issue a warrant. The not authorised by any express words in their comcourt, in deciding the case, refused the mandamus, mission, but do it, ratione afficie,"(15 Vinar 8 Tit.^ and in giving their reasons, say-"It is evident that "justices of the peace."

the district judge was acting in a judicial capacity, "It seems that the power of such conservators of when he determined that the evidence was not suf- the peace, whether by tenor, election, or prescrip-ficient to authorize his issuing a warrant." It is tion, was no greater than that of constables at this very manifest that it is to his judgment on the evi-day, unless it were enlarged by some special grant dence the court allude, when they say he was act- or prescription-(ibid 4.)

"Holt, ch. I. said he knew not whether, at first, fit? That constitution expressly forbids all it does justices of the peace were more than high consta- not authorise. If not so forbidden, the statute is bles; but the statute that made them complete the supreme law of the land. All the minor argu. judges is that of 34 Ed. 3."-(Ibid.) ments of expediency, such as blending jurisdic

Lord Hale, in his analysis of the law, after hav-tions, neglect of state duties, want of responsibility ing said that there are two kinds of subordinate and others of the same description, are of little civil magistrates; those that have a power of juris-weight in themselves, and are not for judicial, but diction, and those that are without jurisdiction, legislative consideration. Throughout the whole says: The persons that exercise this power, or ju- system of the government, the legislative, judicial risdiction, are called judges or judicial officers," and executive functions of the union and the states (sec. 11, p. 26, 27;) and in sec. 12, "of inferior ma- are blended; the responsibility of the citizen is jestrates sine jurisdictione”—(p. 29) he speaks thus: divided, and duties to the states are superceded The sheriff of the county is the greatest minis by duties to the union. terial officer; and I call him magistrate because he judges, therefore, to say, they deem them inex. But what then? Is it for is a conservator of the peace of the country, &c. &c. pedient, and because they deem them inexpedient &c." "Constable and head constables. These, declare them void? I will not say that expediency though they have not any jurisdiction to hold cogni- shall be always rejected in a judicial judgment on zance of any fact, yet are conservators of the peace." the meaning of the constitution, but it will seidom Dr. Sullivan in his commentary on magna charta, be a very weighty consideration, and ought always speaking of the warrant of commitment, says, to be used very cautiously. But I think it highly Thirdly, the warrant must not only contain a lawful expedient, that congress should confer this autho cause but have a legal conclusion, and him safely rity on the ministerial officers of the states. It is keep until delivered by law; not until the party com-as useful to the states as the union, that the crimes mitting doth further order-for that would be to make the magistrate, who is only ministerial, judicia, as to the point of the liberty of the subject" (2 vol. Lectures on the constitution and laws of England, p. 266.)

against the United States should be punished. Their interests can seldom, perhaps never, be wisely separated. The crimes punishable under the laws of the United States are great and important, but few in number. With out the aid of the ministerial offi. I presume I have now established beyond all cers of the states, to have the laws of the United doubt, that the act of the magistrate, in granting a States effectually executed against a few offenders, warrant of commitment, is a ministerial and not a (probably not one hundred in a year in all the states) judicial act. It may be useful, however, to spend it would be necessary to appoint and scatter over a moment longer on the nature of that judicial their vast territory many thousands of justices of power which is spoken of in the constitution.-the peace, coroners, constables, &c. The attempt There are functions to be performed by inferior to execute the power, would be as impracticable magistrates, commissioners and other like officers, as it would be ludicrous. But it is said the states which leave in them a discretion, which in that par-are to watch with jealousy the acts of the general ticular, resembles judicial authority, but is not of government, (a monstrous heresy in the politics of the nature of that judicial power which forms one this country) and if it use the agency of the officers great branch of government. It is the latter, which of the states, it will have a tendency to a consolidais spoken of in the constitution. It is that which tion of the state governments. Lord Hale defines to be "a power of jurisdiction," and of which he further says, "the persons who exercise this power or jurisdiction are called judges or judicial officers; the places or tribunals wherein they exercise their power, are called courts; and the right by which they exercise that power The counsel for the prisoner, taking it to be is called jurisdiction." (Analysis, sec. 11, p. 26, granted or proved that the act of the magistrate 27.) He then goes on to enumerate the superior was a judicial act, contended that the constitution and inferior courts of England, and gives us a clear had established a mode in which all judicial officers and distinct idea of what may be embraced, and were to be appointed, and that an act of congress, what is meant by the 3d art. of the constitution on giving authority to the magistrates of the state, this point. They both mean to speak of trial, judg-was a violation of this provision of the constitution. ment; emphatically of the administration of justice, It would not follow, however, if the function were and not the little functions and functionaries, which judicial that the appointment must be made by the are merely incipient and ancillary to this great essential power, which are inseparably incident to it; and can with no propriety be called implied

powers.

necessary dependence, practically, of the general Exactly the reverse is the sound conclusion. The government on the states, in many particulars, is one of the points in which its weakness has been most obvious and most lamented.

president and senate, for the constitution authori zes congress by law, to vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads If it has been proved that the act of the ma- of departments; but the function is not judicial; the gistrate in commiting an offender is a ministerial officer, consequently not judicial; and therefore, act, then the ground on which the counsel for the the argument, as urged, does not apply. But it prisoner has put this argument, which is the same may, perhaps, be insisted that though the constiturelied upon in the case of Almeida, though he has tion does authorize congress by law, to vest the enforced it with ability and eloquence, entirely fails. appointment of inferior officers in the president The only question that remains is, whether the alone, in the courts of law, or in the heads of delegislature of the United States has a right by apartments, it does not authorize congress, though statute forbidden by no provision of the constitu- both houses and the president should unanimously tion of the United States, to give a limited authority concur, itself to appoint immediately by law. This to conserve the peace to one or more of the citizens would really be construing the constitution like and subjects of the said United States; who happen an old pleading, without allowing the benefit of at the same time to be conservators of the peace the statutes of Jeofails.-Qui cadit a syllaba, cadit of the state? If not forbidden by the constitution a tota causa. of the United States, what other power can forbid seem, would authorize congress to do itself what A rational construction, it would

it can, at its pleasure, authorize an inferior body case of a minor who had been enlisted, the court or an individual fo do; but that is not the question. refused to interfere on other grounds-but chief It may be safely admitted, that congress cannot di-justice Kent declares explicitly, that the state rectly by law appoint an officer whom it can autho-courts have not jurisdiction where the arrest is unrize an individual to appoint, and yet the difficulty der the authority of the United States. In this will not occur in this case. This is not the case opinion I concur. If there be cases in which the of an appointment. The magistrates of the state state courts have jurisdiction of the principal matare not, by the act of congress, constituted officers ter, I am of opinion they may entertain an inciof the United States. They are merely authorized dental or collateral question-they may, therefore, to do a certain act. The case may be easily con- in such oases, release under a writ of habeas corpus ceived in which a magistrate of a foreign state may on the ground of illegal confinement, because the by act of congress, be authorized to exercise an prosecution is groundless, or for other sufficient equivalent power. That it is not an appointment cause. This authority may, perhaps, be exercised in the sense of the constitution, will be proved by by courts having a superintending power, though reference to the undisputed practice of some of the they may not have jurisdiction for the purpose of state governments. trial, for they have authority to restrain and annul

The constitution of Pennsylvania provides that the acts of inferior jurisdictions. But in a case the governor shall appoint justices of the peace-like the present, where the state courts in no case (art. 5. sec. 10) and that they shall be commission-and under no circumstances, can take cognizance ed during good behavior. But by an act of the le- of the offence charged, to punish or or acquit, and gislature of that state, passed 20th March, 1810, all where the functionary appealed to, is himself in the powers of justices of the peace are vested in all questions under the laws of the United States, all the aldermen of the city of Philadelphia-who, subject to the controul of their high tribunals, ali I believe, are elected annually by the people of that pretence of jurisdiction seems to vanish. I cannot, city. nor can all the judicial authority of the state, disSo, in New-York, justices of the peace are ap-charge a defendant in a civil suit who has been held pointed by the governor and council, according to to bail in the courts of the United States, howthe express requisition of the constitution, and hold ever illegal the arrest may be, because I have no their offices during the pleasure of the governor jurisdiction-and yet it is seriously imagined that and council. But by act of the legislature of that I have, at my Chambers, authority to take their state, (2 vol. Laws of New-York, 508,) the alder-criminal jurisdiction, which is, by their laws, exmen of the cities of New-York, Albany and Hudson, pressly exclusive out of the hands of their tribunals are vested with the same powers as justices of the and to determine the acts of the national legisla peace. ture, unconstitutional and void? Nay more, in this

By the constitution of South Carolina, justices of state any two justices of the peace, one of whom the peace shall be nominated by the senate and shall be of the quorum have authority to carry the house of representatives, jointly, and commissioned habeas corpus act into execution, and have on the by the governor (1 Brevard 468,-2 Brevard 175). subject all the authority I enjoy. They, too, then, Yet the clerks of the courts, the wardens of the have a right to determine on the constitutionality city of Charleston, and many other officers of the of the acts of congress, and to release those who state, are vested by act of the legislature with the are amendable to the United States in their crimipowers of justices of the peace. The like case pro-nal courts. But the pretence for all this is, that bably occurs in almost every state of the union, and the liberty of the citizen is to be preserved invio. the argument of unconstitutionality which we are late. Is it meant by this, that he shall be exempt now examining will equally apply to them all. from all the usual modes of trial instituted for the I am then satisfied that in relation to the case be-preservation of that very liberty? That the march fore me, the 33d section of the act of congress, com- of justice is to be divested of every thing staid and monly called the judicial act, is constitutional and sober? That instead of her solemn and learned expedient, though I reject the argument of expe-judgments, we are to have pie pondre expositions diency, from the grounds on which I rest my deci- of the great act of our national union? But against sion. It is not a case in which I have a right to whom do we seek this protection? The governweigh it. ment of the United States, the government of the 3d. I might here leave the case, but I deem it pro- people themselves, whose greatest power, returns per to consider the third ground. I think I have no into their hands bienally, and all of it at short jurisdiction over the case. I am aware of but three intervals. A government as able, as much bound, cases in which this question had been made. The and no doubt as willing to protect the citizen as case of Almeida already mentioned. The case of the governments of the states. A government, Emanuel Roberts, (2, Hall's law journal 192) in Ma- which has its habeas corpus act and its judges ryland; and the case of Jeremiah Ferguson, in New-bound under the most solemn sanctions to execute York, (9, Johns. rep. 239.) In the first case juris-it. A government to which the states constitudiction was assumed and the prisoner discharged. tionally look up for the preservation of their free The second was the case of a minor enlisted in the institutions. That jealousy which we sometimes service of the United States, and Nicholson, chief see recommended, is bad law and worse policy. I judge, determined against the jurisdiction. He deny that it is inculcated by a true understanding does, indeed, say, in speaking of an extreme case of the constitutions of the states. That it is newhich was put by counsel, of great oppression and cessary to the preservation of state rights or that injustice, that he would interpose and discharge the it can conduce to national happiness, or national prisoner in the case supposed, but he adds-"If in greatness. It may make us busy about some little such a case I should exceed the technical limits of factious privileges which are in no danger. But a my authority, I should have the approbation of all regulated liberty, under the protection of stable good men, for resisting oppression under the colour institutions, will be best and longest secured to of law." This is certainly no argument in favor of us, by regarding the government of the union in a jurisdiction, while the judgment in the case is on spirit full of confidence-in a temper devaid of jeathe want of it. In the last case, which was also the lousy.

Finally, I am of opinion I have no jurisdiction of Though the last year was unfavorable to the pro the case. Let the prisoner be remanded.

EDWARD P. SIMONs, esq. counsel for the prisoner.
THOMAS PARKER, esq. for the United States.

Legislature of New-Hampshire.

GOVERNORS MESSAGE.

Gentlemen of the senate, and

Gentlemen of the house of representatives,

duction of some kind of bread stuff, we may with confidence expect more favorable seasons; that "seed time and harvest will continue"-and that "be that tilleth the land shall have plenty of bread."

But a state wholly agricultural cannot long exist as a free and independent people. A foreign manus facturing nation will soon impoverish, and then re, duce it to dependance on them, as servile and degrading as that of colonies. Ilence arises the ne

In obedience to the public will, I have again cessity of our affording aid and support to manu. accepted the office of chief magistrate. I sensibly factures. We are as able to make our own clothfeel and frankly acknowledge, the obligation my ing as to raise our own food; and we ought not to fellow citizens have conferred upon me. They depend on foreign countries for either. It is to have made it my duty to promote their interest, by household manufactures that we must principally devoting my time and my talents to their service. trust for our supply; they bring to the general stock If these can secure their approbation, my official of wealth the labor of the people; their industry conduct will not, I hope, disappoint their reasona-affords aid to the larger establishments; and is a ble expectations. constant and certain source of wealth to the nation.

Though the United States enjoy peace and secu. The increase of manufacturing establishments not rity; though their government is administered by only enriches the farmer, by opening a market able men, who possess the confidence of the peo- near him for his surplus provisions, but retains at ple; yet they as a nation, and we as a state, bave home the wealth of the community by preventing its difficulties to surmount and embarrassments to re-specie from being sent abroad for the goods they move. The great change which the European manufacture.

world has recently made, from war to peace, has If our object is to promote the real prosperity of very materially affected us. The nations in that our country, we must patronize agriculture and quarter of the globe being now at peace with each manufactures. They are the main pillars of our other, have revived, and rigidly execute, their support; and on them we must depend for our former colonial system of excluding other nations wealth as a nation. If we cherish these, they will from a participation with them in the commerce of mutually encourage and support each other, and their colonies and dependencies. We are not only the wants of the people will be supplied from their deprived of the carrying trade of Europe, which own industry. And let us never forget, that labor is during their wars was a source of immense wealth the real source and fountain of wealth; and that the to us, but the subjects of those nations now obtain rich equally with the poor, are not only "fed from a portion of the transport even of our own produc- the field," but clothed from the manufactory. tions. This change has not only greatly depress- For the protection of our trade and navigation we ed our commerce, but injuriously affected our agriculture and manufactures and extended its effects to almost every class of our citizens.

must depend upon the government of the union, which has the exclusive control of this branch of our affairs. There is reason to hope, that their present unfavorable state will not become permanent; and that the activity and enterprize of our citizens, which heretofore have been so successful, will in due season, again enable them to acquire their accustomed share of wealth from foreign commerce.

In New-Hampshire the balance of trade is against us. Our imports from foreign countries and from the southern section of our own country, exceeds our exports. This order of things must necessarily drain off our money, and tend to produce a state of dependence on other nations and other states, in- Though I have not obtained a final adjustment of jurious to our interest, and dangerous to our freedom the claims of this state against the United States, and independence. For it is with a state as with an for military services during the late war, I have reindividual-he that continues to buy much more cently received on that account, a draft from the than be sells must be involved in debt, and sooner treasurer of the United States on the cashier of the or later become poor. We may increase the num- New-Hampshire Union Bank, for twelve thousand ber of our banking institutions, but they will not dollars, which I delivered to the treasurer of this increase our wealth-the precious metals will be state, who has received the money for the same. sent to other countries to purchase goods we do The treasurer's report will exhibit the state of not want, or such as we can make ourselves. For our finances, and enable you to determine what tax these evils, we may apply a gradual, but effectual will be requisite to raise for the year ensuing. remedy, by the increase of agriculture and of manu-Among other appropriations, it will be necessary factures. to provide for the building and finishing the state

We are by nature formed for an agricultural and house. manufacturing state; and our habits and pursuits Our laws subject buildings and unimproved lands ought to conform to our situation. An improved to taxation according to their real value. But in state of cultivation would render our lands more many towns, this kind of property is estimated fertile, our people more wealthy, and our country greatly below what those who make the appraise. more independent. The constitution has made it ment consider its actual value; by this means the our duty to "promote agriculture;” let us perform taxes become unequal, both as it respects the prothis duty with a zeal proportionate to its importance. portion to towns and individuals; and they fall hea Our improvements, compared with those in a neigh-vier on other property, and particularly on the poorboring state, are few and inconsiderable, As indi-er class of the people. To remedy this evil, permit vidual members of society, we may do much to me to recommend a revision of the law on this subconvince our fellow-citizens, that it is more for their ject, defining more explicitly the duty of selectinterest to cultivate the lands they now possess, than men and assessors.

increase the number of their acres; and to devote The law requires the cashier of each bank, on their attention to those branches of agriculture, being requested, to inform the selectmen of the which are best suited to our soil and climate.-names of the stockholders living in the town to

in such cases as they may consider groundless, vexatious, or trivial.

which they belong, and the amount of stock, in order that the owners may be taxed for the same. This mode of obtaining information is attended with In a variety of cases, where penalties and fordifficulty and expence, and the practice under it feitures are annexed to the breach of particular operates unequally, as the selectmen of some towns statutes, authority is given to any person to proapply and tax the stockholders, but others neglect secute for the same; one moiety of which is to be it. I therefore suggest, for your consideration, whe- for the use of the prosecutor, and the other for the ther more correct information would not be obtain-use of some county, town, or other corporate body. ed, and at less expence, if the cashier was required Instances have occurred, where the prosecutor has to make out the name of each stockholder, his compromised the suit with the defendants and thereplace of residence, and the amount of his stock by prevented the corporation from receiving its standing on the books on the first day of April, an- moiety. Prosecutions of this kind may be comnually, and transmit the same to the secretary of menced by collusion between the prosecutor and state, who should cause it to be printed in the defendant, and continued from term to term, till newspaper in which the non-resident taxes are pub- the right for any other person to commence a suit lished, on or before such particular day in April, shall be barred by the statutes of limitation, and annually; and that the selectmen should tax each then the prosecution be dismissed. To remedy person living in their towns agreeably to such re- these evils, I recommend that a law be passed subjecting all persons who commence quitam prosecu

turn.

As taxes are indispensably necessary to support tions, and settle the same, or consent to their be government, as every man in the community is ing dismissed, without the moiety due to the counbound to contribute in proportion to his taxable ty, town or other corporate body being first property, it is our duty to render them as equal as the nature of things will permit.

secured, to be themselves liable to pay the same. To render this provision more effectual, it may be advisable to authorize the courts of law, where it shall appear that collusion exists between the plaintiff and defendant, to notify and permit the corporation which is entitled to the other moiety,

The senate of the United States have recently directed the secretary of war, to report to them at their next session, the laws of each state relative to the militia, probably with a view to revise the laws of the union upon that subject; and as the laws of to appear and carry on the prosecution. congress must control those of the state, I submit The present mode of settling the maintenance the question to your consideration, whether it will of paupers, is attended with considerable delay be requisite at this time to revise our militia laws, and great expence. It merits the consideration of as proposed at the last session. the legislature, whether our laws, on this subject,

Though we are now at peace with all the world, may not be so amended as to remedy, in some (and it is of vast importance to preserve it,) yet measure, those evils, and at the same time ensure considering the state and condition of Europe, their justice to the parties litigant. jealousy of our growing importance in the com- The United States require their officers to make munity of nations, and the history of former times, accurate returns annually of the amount of salary we cannot rationally, expect to be altogether ex- and emoluments that they receive from their offi empted from the evils of war, which have so fre- ces. If a similar return was required of certain quently visited mankind. Sound policy therefore re-officers acting under the authority of this state, I quires us, in time of peace to prepare for war; and think its effects would be beneficial. It would not it is our duty at all times, carefully to attend to only tend to correct abuses, but afford useful inthe instruction, discipline and equipment of the formation to the legislature in regulating the future militia, which when well regulated is our sure de-compensation of those officers. fence, and in a great measure will supersede the As Mr. Carrigain, acting under the authority of necessity of a large standing army in time of peace. the legislature, has recently furnished the state, at Neither our constitution or laws, declare the great expence, with a map of New-Hampshire, tenure by which registers of probate shall hold which is not only elegant but splendid, permit me their offices; nor the mode by which they shall be to suggest for your enquiry, whether we have made removed, when they either become incapable, or him such a compensation as is adequate to his neglect performing their duty. I therefore recom-services and expenditures; or such as will entitle mend to your consideration, the propriety of passing us, in the language of the constitution, to be cona law defining the tenure of their office, and esta-sidered as the patrons of science and the useful blishing the manner in which they may be removed arts. From a careful investigation of this subject, therefrom, when the public interest shall require it. I think it my duty to recommend the case to your Groundless, vexatious and trivial prosecutions, favorable consideration. are sometimes commenced and carried on in the We commence our respective duties under cir name of the state, which subject the county where cumstances favorable to the faithful discharge of they are prosecuted to the payment of large bills our important trusts. At peace with all nations, of cost. In some of these, the prosecutor makes and enjoying without restraint the fruits of our use of the name of the state as an engine to gratify own industry,and the rich inheritance of our fathers' his revenge on the accused, more than for the pur- toils-knowledge, freedom and independence-we pose of convicting and punishing those who have have it within our power to command as great a violated the laws. In these prosecutions, judges portion of national and individual happiness as ever have considered themselves bound by law, to allow fell to the lot of any state or nation. It is from full cost to the prosecutor. It appears to me, that the fatal effects of party spirit, depraving the morals the great object of the law would be more effectually and perverting the understandings of the people obtained, if authority was given to the superior that we have most to fear, either for the stabili court of judicature, not only to allow the full costs ty of our government or the harmony of its counusually taxed in all criminal prosecutions, but to cils. With the exceptions of those interested indireduce it to such sum or allow no costs at all, as viduals, who look rather to party than to their methey should judge right; and even to award costs rit or public services for preferment, and who owe and order execution to issue against complamants their chief importance to the angry passions and par