The election of a magistrate, is an affair that usually occasions a considerable sensation in a little town. The most respectable citizens naturally support the candidate that has the real interests of society at heart; and the more licentious are as naturally averse to promote the man who, they believe, would punish themselves. It is, therefore, the relative numerical strength of the two parties, that frequently determines the character of a town judge. It is understood, that in new towns by the Ohio, the unruly part most commonly prevail, and that as they advance in population and wealth, the more orderly people take the sway. A case has come under my notice, where the conduct of {172} a squire was at variance with the practices of a large proportion of his constituents. He had resolved on exerting his power to suppress fighting, swearing, and breach of the Sabbath, and to exact the statutory penalties against the two last of these offences. On a Sabbath soon after his election, a man carrying a gun and a wild duck passed his door. He intimated his resolution of having the offender brought to justice; but the culprit gave him much abusive language, with profane swearing, and threatened to beat him for the interruption. The squire soon perceived that he was losing his popularity, and that his opposition to the will of the sovereign people was injuring his business, and for that reason resigned his commission. In cases where the squire is supposed to be remiss in the execution of his duty, the people sometimes interfere extrajudicially. At this place, a tailor’s shop was lately broke into by night, and a quantity of goods carried away. On the following day, a stranger and the lost property were discovered in an empty house adjoining. He was instantly carried before one of our magistrates. On being interrogated, he confessed being found in the house, but denied having any concern with the booty. The squire dismissed him. But the young men of the town who had assembled to hear the examination, were too sensible of the strength of the presumptive circumstances of the case, and of the admitted act of housebreaking, in entering the uninhabited apartment, to allow him to escape with impunity. They caught him at the door, led him out behind the town, where they tied him to a tree, and put the cowhide into the hand of a furious young man, who happened to be half intoxicated. The whipping was performed with such vigour, that the blood sprung in every direction. A gentleman of {173} Cincinnati told me, that, a few years ago, the citizens of that place had found it expedient to punish in the most summary way; and that he had several times acted as presiding judge, in what was called a court of uncommon pleas. Whipping uniformly followed conviction. Cincinnati has now outgrown that stage of population, that admits of this sort of jurisprudence, and is better regulated than certain large European cities.