on, but in vain. Finally, growing impatient
of his obstinacy, he gave him a _peremptory order_ to consent, and, on
his refusal, _fined him_ the exact amount of his fees _for contempt_,
entered up judgment on the basis of the compromise, and adjourned the
court!

The man who thus discourages litigation at the expense of his own
official emoluments, may be forgiven a few irregularities of proceeding,
in consideration of the good he effects; for although under such a
system it was seldom that either party obtained his full and just
rights, both were always benefited by the spirit of peace infused into
the community. It would, perhaps, be well for the country now, were our
legal officers actuated by the same motives; unfortunately, however,
such men belong only to primitive times.

But the love of peace was not accompanied, in this character, as it
usually is, by merciful judgment, for, as he was very swift in
determining a prisoner's guilt, he was equally rigid in imposing the
penalty. The enactments of the criminal code were generally so worded as
to give some scope for the exercise of a compassionate and enlightened
discretion; but when the decision lay in the breast of our justice, if
he adjudged any punishment at all, it was usually the severest provided
for by the statute. Half-measures were not adapted to the temper of the
times or the character of the people; indeed, they are suited to _no_
people, and are signal failures at all times, in all circumstances.
Inflicting light punishments is like firing blank cartridges at a mob,
they only irritate, without subduing; and as the latter course usually
ends in unnecessary bloodshed, the former invariably increases the
amount of crime.

_Certainty_ of punishment may be--unquestionably _is_--a very important
element in the administration of justice, but as nothing so strongly
disinclines a man to entering the water as the sight of another
drowning, so nothing will so effectually deter him from the commission
of crime, as the knowledge that another has been severely punished for
yielding to the same temptation. The justice, however, based the rigor
of his judgments upon no such argument of policy. His austerity was a
part of his character, and had been rendered more severe by the
circumstances in which he had lived--the audacity of law-breakers, and
the necessity for harsh penalties, in order for protection.

It will be observed that I say nothing of juries, and spea