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
Being a part of the ruling power, having delegated to them the
“mastery” over the people, they should receive their authority or
appointment from, and be dependent upon, the supreme authority or head
magistrate, or “Master” of the City or State, and his constituted
advisers, the council or senate, and removable only for cause. Being
thus appointed by him who represents the sovereignty of the people,
and by his position and responsibility to the people for his acts, we
might reasonably expect to find men appointed, capable of discharging
the duties, and worthy of the sacred trust of a magistrate. Again, as
to the second point, the magistrate should not in any way be dependent
upon, profited by, or have any portion of the “_fees_” of his office,
but should be appointed for a certain precinct, ward, or district,
and receive a certain _fixed_ compensation or salary from the public
treasury. All “fees” or charges, being the penalty for breaking or
infringing the laws, should be collected and paid over to the public
treasurer by the magistrate, leaving him free to act uninfluenced by
them, as the impartial agent of the law, as between the ruling power
or sovereignty of the people and the accused, and enable him to act
as a peacemaker, or reconciler of difficulties. Under the influence
of the “fees” to be derived from “committing” the person accused, is
there not danger that self-interest may sometimes induce the magistrate
to commit unnecessarily, or otherwise encourage bad feelings between
the accuser and the accused, when a more independent position might
lead the magistrate to secure a reconciliation and settlement of the
difficulty?
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