THE COLONIST.

Colonist, Issue 19, 25 December 1857, Page 2

THE COLONIST.

NELSON, FRIDAY, DECEMBER 25, 1857.

" As:truthis truth, And, .told by halves, may, from a simple thing By misconstruction to a monster grow, I'll tell the whole truth," ■ Sheridan Knowles.

A short time ago we expressed our conviction that Jurors, Magistrates, &c, should be qualified for their duties by suitable education. It seems we are not alone in our views on this subject. We find a similar judgment in other quarters. Our regret is that as yet our military Governor has not . formally reviewed the different Benches, as they are designated, of J.P.s, &c, and either had them drilled for useful service, or disbanded; for it would go hardly with the Provinces, the Nelson Section more particularly, if we could not present to his gallant Excellency as goodly a batch:of magnates from the teachers and big boys of bur Sunday Schools. It would be a curious heading for a chapter on our Justices, to write legibly the prescribed kind of prequisite for their situation. What might it be ? Mr. James So-and-So, recommended by some other Mr. , of the same family," who was recommended by Mr. So-and-So, previously to dismissal from office, because he gaye him a supper and a little drop after it. Said youngster quite promising—found a sheep-run, in a new place. Smart youth: has plenty of assurance, and would not be so ignorant if he had more information. Dr. Sorand-So, very clever: he got a diploma before he got either knowledge or practice in his profession. His wife a general favorite; and may be very useful. Mr. Everything, introduced by Mr. Nothing. Is likely to become an influential gentleman. Understands jobbing in land, rites of pot-houses, &c, and will be a convenient authority in the granting of Publicans' Licenses, &c. Mr. Jockey, patronized by Mr. Gamble ; is erudite in Laws of the Turf, and is so acute as to be able to do withoutany acquaintance in affairs of civil action or equity: great stickler for Church and State, and all that. If honest certificates of qualifications have been submitted for the illumination of the Governor^ something like the above has undoubtedly been forwarded; but if not, as fit is to be feared, the puissant chiefs aforesaid, made their appointments by specific inspiration, and so we may all pray, "God save the Queen!" And there will be the more need for the petition if some regimental Czar presuming on his own sufficiency, or that of a "rather soft and heady" secretary, make appointments without consulting the Superintendents of the respective settlements, f We cannot accord with the sentiment that "Depotism is th#uncontrolled dominion of brute force, compressed within the grasp of one man,"— ] like, we suspect, the fulinen in the hand of Jove, and "wielded at his will." This is only the abuse, or at^mostthe worst form of despotic power. The tyrant of the Chersonese Was freedom's best and bravest friend; That tyrant was Miltiades: Oli that (tie present hour would lend ■ Another despot of the kind: , , Such chains as his'were sure to bind. Some of the beat leaders and rulers of the world were absolute, although their sway was modified t>y theocratic influence. Such were the Abrahams* the Solomons* the Salaih>ed-Deens, the Abderahmansy the Alhakems (or Alachims), the Cidsy the Harolds, the Alfreds, the Edwardsj the Peters, the Fredericks, the Napoleons,- and a host of others* in all countries, who like ou* Elizabeth; were dcs-

potical mostly according to law. It is doubtful whether the evil, notioned and put forth as above, about the brute force of One man's will did exist, unless, it were in that worst form of poetry, exaggeration, a, figure, all true poe^s now repudiate* There may bean absence of "any clear rule at all^' and vast legal confusion^ where " legal anarchy" may not Be allowed for an instant, by a practical and habitual appeal to that eommdti fairness which is the prime mandate from whence all proper laws1 derive their coherence and efficiency. Concise and appropriate laws, well propagated, and magisterially understood, altliOjUgh not known by all as we ardently desire,: arei; Still blessings worthy of the hourly play of all the liturgical machinery, not only of the prayer mills of the poor celestials, but of all other nations, kindreds, and tongues, and peoples. And it wouWL.be wise to labour for them as well as to pray. But until the boon arrive we must do our best with the equity or " Good conscience" it may please ■ Heaven to bestow. Where no personal interests are seated in judicial hostility, an abuse of rare occurrence, we should anticipate more from public opinion acting upon the good sense of a magistrate, at Collingwoodfor instance, and the ingentiousyouth of his associated officials—paid or unpaid—than the " learned" knavery of lawyers corrupted by trickery iof the Courts and the vicious practices by which ! they are usually guided. A knowledge of good law j is a. good thing; hit the quirks of pettifoggers—are ; .as "musquitoes," and vampires too with a vengeance. irStill we have no reason as yet to say, that the Kesi- ! dent Magistrate, at, the place alluded to/ and his ; brethren do not carefully study their duty;and execute it as uprightly. As for the case of crifti.cim.^ it seems to lie in a cherry stone; and we nlight sigh over any poor head that could not master it. Perhaps we have had too much importance at-'- ---; tached to such cases. We think, stript of technicalincuinbrahces, they would be more fitly and usefully disposed, of generally by more private quorums than those where they, are usually determined. Certainly it would be well to send serious cases to Nelson where, to approved integrityyithe Resident Magistrate adds- the, experience' of: respectable legal authority, and can decide without much fear from " revolvers." / :;

Now if the Maoris did in fact muster ia Court, with such instruments of intimidation and death, the officials of Collingwood may •" look out." We would not stake too much oh any people1 doing'so, not-even excepting the petted and privileged r|ce in question. If they have done as report states, take time by the forelock; and give them a lesson of Justicej'that may not only prevent such absurdities in future, but so far as this Settlement is involved, strike a terror through native impudence, of permanent benefit. With regard to Magistrates " wielding the whole power of the law at their own will;" the statement is as preposterous as the thing is here morally impossible. Where and when has it been done ? It iis idle to say it may be done:—never can it be 'done but, like a burglary, or an act of treason, as a crime or high misdemeanour. If the Magistrate transgress wilfully, for through proveable malversation, you can bring him, or any other authority, to account—if you can afford it: he is irresponsible', indeed, but it is to those who want j money,—rather a* grave want we admit where rights are now and then .entangled. Yet at the very worst, the poorest, by association, under a popular Government, can if they choose always putrdown every kind of domination whatever, and can da jt by law./. We cannot afford to let even % high and mighty Magistrate believe,'on public" authority, that he is a despot armed withpowep to upset us all whenever his Worship pleases!' We may bear a few hourly bites from " Sandflies," and np harm be felt, but our contemporary's "*' rattlesnake" —a remarkable illustration of something, if it could be understood —we will chance it^ as referring to some dangerous and lurking power of the Magistracy to hurt us, whenever it may choose to rattle; that, it would appear, is a more comfortable possibility than the actual nibbling of the. small insect nuisances of daily misrule. So it may be. Notwithstanding, low as is our estimate/ of some Magistrates,—as by late ambition we have; been almost provoked to call numerous innocent j.P.'s,—we cannot represent them as blood-suck-ing "mosquitoes and sand-flies;" such terms would only apply, were we to be obliged, as some evidently desire, to pay them all for biting us with bad law, and for flattering themselves in so doing. We should like to see this abstruse point cleared up.- We cannot, begging the Examiner's pardon, regard our excellent friends the Justices as so low. in ihe scale of Being. If they be, why then, by all means let us strike right and left!