ge Marshall and of Chancellor Kent are well known in this country,
and most deservedly so: indeed, I am informed it has latterly been the
custom in our own law courts, to cite as cases the decisions of many of
the superior American judges--a just tribute to their discrimination and
their worth.
The general arrangement of that part of the American constitution
relating to the judicature is extremely good, perhaps the best of all
their legislative arrangements, yet it contains some great errors; one
of which is, that of district and inferior judges being _elected_, as it
leaves the judge at the mercy of an excitable and overbearing people,
who will attempt to dictate to him as they do to their spiritual
teacher. Occasionally he must choose whether he will decide as they
wish, or lose his situation on the ensuing election. Justice as well as
religion will be interfered with by the despotism of the democracy.
The Americans are fond of law in one respect, that is, they are fond of
going to law. It is excitement to them, and not so expensive as in this
country. It is a pleasure which they can afford, and for which they
cheerfully pay.
But, on the other hand, the very first object of the Americans, after a
law has been passed, is to find out how they can evade it; this
exercises their ingenuity, and it is very amusing to observe how
cleverly they sometimes manage it. Every state enactment to uphold the
morals, or for the better regulation of society, is immediately opposed
by the sovereign people.
An act was passed to prohibit the playing of _nine pins_, (a very
foolish act, as the Americans have so few amusements): as soon as the
law was put in force, it was notified every where, "_Ten_ pins played
here," and they have been played every where, ever since.
Another act was passed to put down billiard tables, and in this instance
every precaution was taken by an accurate description of the billiard
table, that the law might be enforced. Whereupon an extra _pocket_ was
added to the billiard table, and thus the law was evaded.
When I was at Louisville, a bill which had been brought in by congress,
to prevent the numerous accidents which occurred in steam navigation,
came into force. Inspectors were appointed to see that the steam-boats
complied with the regulations; and those boats which were not provided
according to law, did not receive the certificate from the inspectors,
and were liable to a fine of five hun
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