blow struck or shilling stolen
the parties must now march out to Mulinuu and place themselves at the
mercy of a Court, which if Hamlet had known, he would have referred with
more emotion to the law's delays. It is feared they will not do so, and
that crime will go on in consequence unpunished, and increase by
indulgence. But this is nothing. The Court of the municipal magistrate
was a convenient common-ground and clearing-house for our manifold
nationalities. It has now been, for all purpose of serious utility,
abolished, and the result is distraction. There was a recent trumpery
case, heard by Mr. Cooper amid shouts of mirth. It resolved itself (if I
remember rightly) into three charges of assault with counter-charges,
and three of abusive language with the same; and the parties represented
only two nationalities--a small allowance for Apia. Yet in our new
world, since the Chief Justice's decision, this vulgar shindy would have
split up into six several suits before three different Courts; the
charges must have been heard by one Judge, the counter-charges by
another; the whole nauseous evidence six times repeated, and the lawyers
six times fee'd.

Remains the legal argument. His Honour admits the municipality to be
invested "with such legislative powers as generally constitute a police
jurisdiction"; he does not deny the municipality is empowered to take
steps for the protection of the person, and it was argued this implied a
jurisdiction in cases of assault. But this argument (observes his
Honour) "proves too much, and consequently nothing. For like reasons the
municipal council should have power to provide for the punishment of all
felonies against the person, and I suppose the property as well." And,
filled with a just sense that a merely police jurisdiction should be
limited, he limits it with a vengeance by the exclusion of all assaults
and all larcenies. A pity he had not looked into the Berlin Act! He
would have found it already limited there by the same power which called
it into being--limited to fines not exceeding $200 and imprisonment not
extending beyond 180 days. Nay, and I think he might have even reasoned
from this discovery that he was himself somewhat in error. For, assaults
and larcenies being excluded, what kind of enormity is that which is to
be visited with a fine of L40 or an imprisonment of half a year? It is
perhaps childish to pursue further this childish controversialist. But
there is one pa