The Journal of Prison Discipline and Philanthropy, January, 1863 — John Shaqi
The Journal of Prison Discipline and Philanthropy, January, 1863Philadelphia Society for Alleviating the Miseries of Public Prisons
History
The Journal of Prison Discipline and Philanthropy, January, 1863
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
“fear of God,” and “who hated covetousness;” or would not take “_fees_”
or levy severe contributions on their victims, or the victims of
others’ wrongs, or commit them to prison on false or trivial charges,
to exact the payment of “charges and costs.” He did not leave the
_election_ of the magistrate to any body of the people whom they were
to judge, much less to the worst or dissolute portion of them.
The very word “magistrate,” (from _magister_, master,) implying
control, direction, suggests to the mind the idea of equity, safety,
and purity. It excites reverence and a sense of exalted dignity, and
imposes such a power and responsibility as never should be exercised by
a bad or incompetent man.
In countries where the magistrate is _appointed_ by the head or ruling
power for his qualifications, and is _independent_ of the people over
whom he presides, this feeling or sentiment, as a general thing, has
been justified. The people living under the administration of such,
lay themselves down and sleep in peace, and arise and go to their
avocations, feeling that their rights, their property, and their lives
are secure, because the righteous magistrate dwells in the land!
Under our democratic ideas, that because “the people are sovereign,” we
must therefore permit them, in carrying out these ideas, to exercise
the power of electing all of our officials from the highest to the
lowest, we run a great risk of placing the liberty and the welfare
of the citizen, in the hands of bad and immoral men. However capable
the people may be _as a whole_ to judge of the qualifications and
fitness of any certain person for a magistrate, _if they would as a
whole exercise their sovereignty_, no one, we presume, will claim
that the portion of the “sovereigns” who congregate in “grog-shops,”
and act under the inspiration of intoxicating beverages, in procuring
nominations, are properly exercising the sovereign power, or that
“the voice of _the people_,” thus expressed, is “the voice of God.”
That _some_ good magistrates, as we truly have, are elected under the
present system, but illustrates the truth _that it is possible_ to
elect the right kind of men to office, if the better class of citizens
will but exercise the privilege of the franchise, which under our
theory of government it is the _bounden duty_ of every good man to do.
The evils arising from the magistracy, as at present administered, are
the results of two causes, which ought to be removed:
1st. The mode of selecting or making magistrates.
2d. The mode of compensating them.
From the nature and duties of their office, they should be removed as
far as possible from any dependence upon the favour, the votes, or the
fees of the people over whom they judge or rule.
Public-domain text, read in full here on John Shaqi.
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