in the hope, that whatever regulations may take place, as to legalizing the rate of interest, the utmost caution should be used, as regards the extent and nature of any prohibitory power. Another subject, of dreadful interest to all of us, and, especially, in our present condition, is the enormous and exorbitant amount of law expenses. These are perfectly frightful and ruinous, and have very swiftly accelerated the present state of things. There appears to be neither limitation nor reason in them: a comparatively trifling debt, is speedily doubled, and the unfortunate debtor's difficulties enhanced in the same proportion.* But, independently of the actual means of expense, we view the power vested in the hands of the lawyers, as excessive and highly oppressive. The opportunity and means of annoyance, even to positive ruin, which are thus possessed by them, are, in our estimation, intolerable. We are not speaking of individuals, but of the system,—and, sure we are, that a diminution of its charges, and a limitation of its powers, would be attended with no small advantage to our distressed community. We have many other topics to discuss, connected with the subject of this article; but our present limits will not permit us now to touch upon them: in future numbers, however, we shall resume the subject, and in such a manner, as to render our lucubrations a running commentary on the events of the month. We shall reserve our remarks on the Public Meeting till next month, when we shall take the liberty to canvass the opinions, and criticize the specches, of the principal actors, with the freedom, and candour, which we consider to be the characteristics of our vocation. R. THE CALM SEA. The gentle breeze, that curl'd the sea, had slowly died away, But yesterday the storm had raged, and shook the mighty ocean, • We give the following, as one out of a hundred instances, that have fallen under our own observation.-A bill above £20 became due on the 30th of the month, and was presented. It was not taken up that day, and on the two following days the Banks were all closed. On the 2nd day after the bill fell due, (the Banks being still closed) the acceptor received notice from an attorney, that, if the bill was not paid by 12 o'clock the next day, he would be peremptorily proceeded against. The bill, however, was paid ;-and for this friendly notice, the sum of one guinea was charged, and paid-exclusive of discount, interest, and noting. This is a trivial transaction, but it shews to what extent some people's consciences will stretch. 230 Nearl misch ance c vance have b tempta dent fr attract viously ments 1 was, in and oth count a then, by its form It is t with the and is, tì we feel j party fro productiv value for injurious as it pre inclinatio because t ductivene if employ While, Laws, by tively inju every hon actual usu men, sucl. blood. S have his no law, hu Our remar dealer, wh commodity and equita rower, an then, in t other-w our opinio other wor are multi sonal e y; there is too much vers in it; and it does not, sanction to our minds, of the cc. which it extenuates. We the beauty and antiquity of ys, to the question:— Jary consist ?" ~ Ably is it arable institution consists in administration of justice: this is to be acquired-how maintained? By - af twelve? The settlement of this quesen Civis and the People: it is, on TWELVE," on the part of the Hear what CIVIS saith for his erume and apostolical belief, rmen less than twelve, ts, and of a nature prene usages of our ances " tors. But, why that number was selected originally, why it should be continued, how the system of Trial by Jury can be prejudiced by any alteration in (diminution of)—that number, or why, assuming jurors to be, in the main, honorably disposed, justice should not be as effectually administered, and liberty as well secured, by seven honest and independent men, as by twelve or a greater number, it would not be easy to show. The fact is, however, that no argument against the proposed reduction in number, has ever been urged upon that assumption. It is, by a most unflattering process, taken for granted, that Jurors will not be honest and independent. It is deliberately argued, that, in questions between the Crown, and certain particular interests, seven men will not do their duty, deterred by coward fear; but that twelve men will do their duty, since twelve will rise superior to fear."-p.p. 9, 10. says, Our exposition of the fallacy of this reasoning will not occupy much space. In estimating the characters of Jurors, Civis adopts an assumption, perfectly gratuitous. He "either our Jurymen are honest and independent, or they are not.” there no intermediate grades of vice and virtue? so limited in its attributes, as to skip at once from the two extremes Why so? Are Is human nature of good and evil? Besides, a man may be very honest, very independent, and a most excellent member of society-but he may be but an indifferent Juryman, after all; and, looking at human nature in all its varieties-its passions, its prejudices, its dogmatic opinions, its pride, its feelings and its failings-all of which is necessary, properly to estimate the influence and operation of Trial by Jury--we do say, that twelve men would be better than seven, inasmuch as there is very nearly a double guarantee for the "impartial administration of justice." The discussions, which have taken place on the Jury Question, have assumed a character almost exclusively political: it is the "Crown and the People," the " Government and the People;"and, forthwith, does the disputant launch out into a flowing decla mation, touching the violation of our rights and liberties. But, we think, the question will bear looking at very closely in its relation to the simple, but important, dispensing of justice between man and man, in the ordinary transactions of life; and, viewing it in this light, we do not think there is a single man in the Colony, CIVIS alone excepted, who would hesitate one moment between a Jury of twelve or of seven. As the Colony advances in importance, many disputes will arise, and on no subject more frequently, than on matters connected with the possession of land: and in establishing any portion of our judicial system, but more, especially, that of the Jury, the utmost exertion should be made to acquire all the security We, therefore, perfectly coincide with Blackstone in the opinion, that a Jury of twelve of our equals is the best safeguard we can have, and the best guarantee for the satisfactory and “impartial administration of justice." we can: THE HOBART TOWN MAGAZINE. VOL. III.] JULY, 1834. [No. 17. A FEW WORDS ON THE PRESENT STATE OF THINGS. There has occurred in the public mind, what the French call a movement, which will work its way in the Colony, either for good or evil, without the intervention of anything like a medium. Matters have now arrived at such a height of hazardous--nay-perilous progression, that they cannot stand still and stagnate :-onwards they must go,-involving in their impetuous and overwhelming course,like a deep mountain-lake, bursting suddenly and swiftly from its banks-every obstacle opposed to their progress. And what has produced this restless and convulsive state of things? Not one cause, most assuredly, but many,—and those, various; and if we must speak our mind-which we are in duty bound to do, honestly and candidly-we do say, that the people themselves, by divers strange and absurd acts of conduct, have brought upon their own heads the evils, under which they are now suffering so severely. There is implanted in the breasts of the inhabitants of this Colony a strange predilection for discord and contention; and, until the late memorable public meeting on the Jury Question, unanimity, in such proceedings, was as rare as it was requisite. To this pernicious spirit of discord and disturbance may we attribute many of the disasters, under the weight of which, we are now bowed down; for if the people had united heart and hand in one grand and leading cause of general amelioration, we should be now in a state, very different to, and far more beneficial, than, that which we are compelled to endure. And to what has our folly and heedlessness brought us? To a very pretty situation, indeed! The trading interest of the Colony,-as he who runs may read,"-is bottomed on a false and fickle foundation; the resources of the Colony are all but VOL. III, NO, XVII, 2 G |