The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-12-13
3yRESDtC21oN or CoUNff MAG1S-
:. IRATES. ,.,.
HoyE.of Delegates, Afoalay, December 9.

Hoyc.of Delegates, AoaAay, December 9.
= Report ef RE Com a,itfee tar Courts of 7pRice.
Rrtoed. Tha, it is the opinion Of this committee,
cha. the pet;inn of lpdry inhabitants of the cousy
OF arrifon, praying th., 70 much of thea is of AZ
feib!y. authorizes the recovery ofdebt by petition
and iun,rois, may be repealed, and that the jurif-
Sicton of Juce. 81 Peace may be extended to tho.e
CATS where the cau.s % Sion hall exceed TWEEN
ty dollars, is rcaioiable.
Mr.. r ,bertfon was oppofd to extending the
Jurisdictions of Jingle mJgiitrates. They were
body of officers over wham the people have not.
fufficieut controuf. 'Conideriag their indie
pendent c,rniition, their powers were already
extenliye enough. In trials before Jingle ma
gi'trates, the people might be rremediahly op-
preiled, brcan(e the forms of proceeding, and
the rules of evidence. were not the fame as they
are in ascnvLt ofijuaiee. There was no hand
which could be Rretched out TO controul the
ahuie of the power Of Magistrates. Legnators
and mof pthar officers, may be forced to do
what is right, but this clafs of men exhibited
faeular exceptions. And was it not the firit
inciple of republic, to give men as fesv
powers as poifihlc. and 70 put the beft -poiiiolc
check upon the aGutc of thofe which were gi-
ven !--Bnt, there il another reafon asiints
this extended jurisdiction. The poor people,
who were not Represented in that houft, would
be- peculiarly placed undrr the oppreiIivc ope-
ration of this law. II was as. Important to
them, Though their REGULATIONS aud dealings
were limited to very FINAL funs, to have ii nc
allowed 70 them for making provihon to pay
their deots. as it was to the rich nabobs Of the
country. But hcuid they he throwa under the
juridittion ofahnge magilrate, theirlaft COW or
bed I; the iaff pittance which they had in the
world, might he rav;ihet from them within the
fnort ipace of 4 fortnight And ougi not iui-
tiee to be tliitfihuted equally among the people?
An ininuasioa rnay go forth Continued
MIR. x. that il is the i1terC!t Of lawyers TO keep
as much bufnefi as poi,ihle within the courts.
fince they would irllon be employed b,fore
hngie rnae'Rrite. add thsv would conf.Quently
b. deprived of their, cuanrnary fees. Bat for
his own part, he hond de!pift fuch On ip6nua-
tioa. He coald. truly Gate, that thsrc~ WAS
fcarceIq a,i'wyen il, his county, who received
nIre tlaa 4 or o0yiolidrs per antSunt on fiiits,
infituted for the recovery of fir,,hinaii flIms.
FHr. HaE.s had not exocstri' this early dif-
cu!.i'a o. che ,rxsient inalef ~ was indeed Ia:
ken az ffsprfe :; nos Aiouid he-have eae:ii ned
~ eXprefs any opinion ar1onit, had it not been
Que, Oh which he had Frequently reaeGtei.--
Unpo3n'u rs the adrr;ffioa might be, he WAS
himic!f lawyer. itliad been his fate to attend
fhe proceedings of courts of jufce, and IL wit
ncis tic conrTe which the Dreient mode, by pc
triton and inun pns, ufn7liy takes. H could
veaeilrc 20 de- ,re, from ~. refi,ts Of his o.v.,
h'a'ted exp .risuce, TINT if there had been
man anxioas to reiard the rights of the poorer
ciatieS q; the peoplt, the courir by petition AMI
fInmoas would have been the very o;i.. which
tx would tsave adopted. There is not an ex-
preh@a n the1Ecg!iih i5neurge, which ade-
aia:c!y dcflsihs the oy.prefions Of the ;-,orer,
clsiesof the c!srnnnng from this diiatory pro-
csfs.. sIiSexperieuse ia /. in truth been widely
d,JSreat from lt Of the gen.lernan who lat
fp3ks. h Ind TT: stifsd'in s,nn County courts.
AMI in one Of them, (he a!lndet to the county
court Of 1suric1) The ntagifra.cs wer- rcn,rk-
abe 70: Elf i.teAtion 10 buincf, and he could
Ventnr- 81 fy, that petitions had renlir.i up-
on the docket for years without trial. Q ,urt
after court, an,l month after moth, the poor
man attended rs G.tings, fet,uced each tir;s Ivy
ns%apprcmenis, < contiuuallY diiiiD7'iQc a fur
t:,yf pitia1ce of his noney. IT nonlhly
D'',rs wouldgo -throutE tleir- ata-r buGnefs;
t1eIr probat o. wills, s. e. bl.s e. petition and
tnmmons dork Wa, >rgariaby pohpoHed till
The lar. WhD does M: forclee the eonfeGaence?
4 dei,t which did not OH zindlly exceed s dols.
misht ny the all of.iyyer's, chi-l,'s and me
fi'ts fees, ii length up to Il fun ,,t fuch
dignity as to re1uire the intervenSianof forth
coniae I,oad: upon this motion is made
neF fcea are cat in, and the total amount be-
co0pesfhns intoerably opprellivc. II had been
ftatrd,he believed, by Colquehouu in mis- police
% the metropolis, ~ regird to the flung for
FINAL dents, that IN recovering q. mon com
monty ,Ssp: 1ot. Was tocnt.
AS no the re5roaches which the gentleman
had CAT upon the b, dy Of in1gitates, his opini-
ON was af!o different. fle did not believe, that
there exifed arg ciafa Of men examined
throughout, who could exhibit greater integri-
y of character. cearnefs Of judgment, and
f'n dncfs of information, than this rrfpeStable
body. They were appointed by the executive,
after due enquiry Into their conduit, and after
previora nominations from their bench. And it
was fltt, worthy of bsiag recorded, that the
drciiiors of fer OF men, who were u1acquaint-
ed with the qliibidiig OF the law. and with the
Black letter, were more frequently affirmed
by tbe Court OF Appeals, than even thofe of
the General Court. He could not, therefore,
conceive that the i1terelss Of the poorer ciaiIes
OF tie community could DC placed IN uiGre wot-
thy hands. >-, -"r
Mr.. 3. JIarrifOn obrerved. thar he had been a
ftagiNrate for l 2 years but that he had nsver
felt that propenG,y TO abuGe his own power
which the gentleman from Oinwiddie had 70 e.
loquedtlg deprecated. By an Indifferent Oh
ierver, whohsart thar gentleman, II might be
fippofed that the prefent petition had been Of
fered by tie rnaginrates themlelyes. II was r.
far, however, from their interea, to have then
jtrifntqton extended, that It could have no o
tber eSfcc than to increafe their trouble.