Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-08-15

settlsd country, lnvueu 10, Fdtuei 'udn w
tered the magistrates from a runctnal dis
charge OF their duties. Until the period OF
the revolution, the business OF the courts
continued to be perfectly within the power
Of the magistrates to decide, without an
application of an inconvenient portion OF
their lime. Until then, the justices were
selected from The gentlemen OF the best n
CURE, fortune and education in the county A:
their fortune, without pecnniary remunera-
ton, enabled them TO attend TO the business
of the public, their pride and honor lndu-
ced them to'perform what they had under
taken to do, and their education gave some
chance for equitable, if not Tor legal deci-
sions. But who now are cur efficient ma
gistrates? Men Of education and fortune,
jfin commission at all, are hardly ever seen
on the bench: and the place which such
anciently filed, is now occupied by those
who think they are learned and honora'
BILE men, because they hold the seats IN
whichlearuing and honor were once found !;
men whose early occupation has UNITED
them for the proper understanding OF any
argument, much less for those OF learned
difficulty. In old times, six days spent at
tavern. cost man six dollars, or perhaps
less a gentleman cannot now remain SO
long for less than three times that sum-a
moderate fortune formerly could bear the
expense of devotion 10 the public business,
a large one is insufficient now. Under the
royal government, the large estates would
have remained undivided for some time
after its destruction, estates continued to be
large, but now by the nature and justice OF
our ins itutious, they are greatly split up.
1t will be said, justice must be cheap-at
least where judges and justices receive no.
thing for what they do. This is distinctly
disproyed by every days experience, in
every county court in Virginia. 1t is not
an unfrequent case for parties with three or
four witnesses on each side, to attend three
or four terms, when they are both ready
for trial, before they can get decision Of
their controversy, in matter perhaps not
exceeding in value fifty or sixty dollars
Three or four witnesses kept from labor for
three or four days, at three or four different
times, consume the principal in litigation,
and render the state poorer, exactly in pro-
portion 10 the subtraction from the general
amount Of labor, because productive labor is
the true wealth of nation How does this
happen? There is no pecunlary motive to
induce the magistrates TO perform their du-
ty, and the honor Of the corps is not now
strong enough. They are not TO blame !;
the state ought not to expect their services
for nothing. Honors are equally IN the
reach of all, fortunes are divided, and no
one ought to be expected to labor for what
is not exclusively to benefit himself Men
are paid for making our laws: il is matter
of skill justly to decide in government Of
laws, and we see no proper reason why the
administration, as well as the enactment of
laws, should not be paid for. But there are
4 great many magistrates in every county;
divide the labor and il is nconsiderahle-
what is every body's business is done by
nobody.
But how can the contemplated change
make Judges and lawyers more learned and
! The bench must be supplied
from the bar.-Every lawyer if he make
any thing by his professional! exertiOns,
must attend three or four courts, which by
recurring monthly keep him perpetually on
horse back destroy the habit Of study, if
he has been fortunate enough TO acquire it,
and reduce him at last almost to level in
learning and legal apprehension with the
Judges before whom he is accustomed TO
plead. Success in the county courts of Nir-
ginia, under their present organization,
depends more upon the qualities which
form good jockey tan those which distin-
guish the acute logician.
Under different organization the prac-
titioner could attend the same number Of
be forced TO speak before
those whose understandings and learning
would correct the deficiencies and imper-
fections Of his own-he would be relieved
from the necessity Of acquiring the skill of
a jockey, and might employ the long vaca-
lions in regular and unbroken study. You
lawyers are abundantly cunning
now, and need no additional stimulus to
new acquisitions OF knowledge!'