The Alexandria herald. [volume] (Alexandria [Va.]) 1811-1826, 1822-02-18


magistrates law should pass-thereiore
, is constitutional. |
Mr.. Perseus has cited the decision of
he Supreme Court, in the case of Oak
y and the, Bank of Columbia, reported in
ith Wheaton, SIS, to shew that that
court decided it was not Unconstitutional
10 deprive man Of the right of trial by
Jury in claims above $50. There could
not have been produced case more in
point against the magistrates law than
this. The court expressly admit the
force Of the constitutional provision, and
decide the case in favor oil the Bank, up.
on the ground that it was contract made
between the parties, as much SO as an ar.
bitratioD bond is, by which the parties
agree to a summary decision. The court
further state, that the defendant had, by
the law chartering the Bank, right to
have jury, but that he had waived the
right which the charter reserved to him.
The court say that it "would ponder long
before it would sustain this action, if we
could be persuaded the act in question
produced total prostration Of the trial
by Jury, or even involved the defendant
in circumstances which rendered that
right unavaiIing for his projections" But
what is the opinion of congress upon this
provision in the charter of the Bank of
Columbia! That body has declared it to
be one inconsistent with the spirit, if not
the letter, of the constitution, and have
accordingly repealed SO much of the
Charter as gave this summary remedy to
the Bank against its debtors. AS to
benehtting the poor man, if the real object
OF this law be to relieve the poorer class
OF society from the. alleged heavy expen.
ses attending litigation in its present
form, is this to be effected by increasing
the fees of the magistrates and their off.
cers-and put it in the power of each
party to add to them by appeals. If this
be the motive OF the advocates of this
bill. especially the gentlemen of the COM
mission, let them amend the law by de-
claring that the magistrates shalinot re-
ceive fees for their services; lot them
serve as the justices in Virginia do, with
out compensation. But this is not the
intention OF the bill they have contrived
to get before congress. II seems strange
that the frequent attempts which have
been made, to increase the jurisdiction of
single justice Of the peace in the dis.
trict, should have uniformly commenced
with the justices themselves-and the
people, for whose sad condition the JUS
tees seem to feel SO much, should not
have been the first movers in these at.
temets
lfthe benefit of the needy portion of
society, is the real intention of these
benevolent justices, they may lessen the
expenses in these cases Why're they have
oy law, as the law does not comnel the,"
10 receive compensation for their ssr,;
COS; IL only gives them right to demand
IL II Citizen of .Aerandric.
accident at Conent- Garden THeots.
Z Last night distressing accident han.
pened to MIR. Abbott while perfnrn;n,
Preteus, in the rwo Gentlemen of W
roma. In the banditti scene of the lao,
,c', when encountering one of the ban.
i'li Hr. Conner, we believe,) he was
severely In the face bv the
word OF the latter. From the unexnect
"a nature OF the blow, and the pain II oc
asloned, he shrieked' SO loud az to ex.
lite shuddering sensation amopo, th.
uuiehce ana to create belief that he
vas mortally wounded. Their painful
ympsthy was not much alIayed by the
ePort OF MIR Jones, who came forward
nd informing them that Mr.. Abbot was
esperately wounded. begged they would
How the play to proceed withont him
ne spectators did not feel disposition
SIT and be amused after having so re-
entity witnessed so painful an accident.
'n required that the curtain should he
Popped, and the play concluded. This
ale OF anxiety continued for about len
iputes, when MIR. Egerton came Tor. F.,
ard and announced to their satisfaction
at Mr.. Abbott was not so severely :
ounded as was at first apprehended r
"a that his eye which was al first he. :
wed to be injured, was not touched H.
wound we have heard, is Immediate
under the eye, the point of the swordi
wing penetrated and laid open a mart
the cheek and the side of the nose
+. Abbot was conveyed home in a
ckney.coach soon after the accident -
CaPt: Baker, of the brig Fanny, arriy. n
on Monday from Curacao, informs thu, -
the 18th Jan. in lat. IL, SO, long so. h
was boarded by the Patriot privat eer a,
r. singar, of st. Martha, commanded =,
capt. ). Megher, who broke open Sc n
al letters to search for Spanish proper
but finding the specie ON board 20