Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-02-13
FOR THE GAZETTE.
The Bill to crtsnd the Jurisdiction Of
Justices of tRs Peace.

extending the jurisdiction OF the justices oil
the peace in the District Of Columbia, from
/ venty to fifty dollars, has passed the House of
Representatives. and been sent to the Senate.
The friends Of the bill have endeavored 10
remove the constitutions objection to it, which
at the last session OF Congress, by au-
th orising either party to have q Jury summoned
and enpane!led before the Justice, which jury
10 to be summoned by the constable, and not
the marshal. | nave also heard, for have not
seen che amendments, that the jury is to be
composed If less than twelve men
| do not conceive giving jurisdiction over
the sum OF DEC, by authorizing a jury, obVi-
ates the constitutional objection. Tn letter of
the Constitution may be conformed to. but the
spIsIr OF 1T rs NOT. The constitution in
tended that such an officer as a Justice of the
peace should not have the power Of deciding,
even with the aid of the jury, in any claim over
twenty dollars: II intended to refer all cases
above that sum to a court Of record, composed
rs II ought to be Of men of not only good sense,
bat of some legal requirements and expe.
rienre.
fms is the practical exposition of the con-
~stitutiou which Virginia has given.--A single
Justice mas jurisdi ton in that state in all sums
amounting to twenty dollars; and where the
sum ano ints to or exceeds ten dollars, the
party against whom the decision is, has a eight
to appeal to the monthly court OF the county,
wAicni is composed of foar Justices of the peace,
where the case is tried ds n0ro. In no in.
stance has Virginia extended to a single magis-
trste power IN civil cases beyond 30 dollars
not even with the aid of a jury
II there Is a jury imPannelled before a Justice
OF the peace, CO lnsel will Of course be permit
ted to appear and argue the case, which will
not only add to the expense, but it NAV be the
means of delay iag the decision, by the jury be-
ING induced by in senious remarks from the
counsel 10 form different opinions, as to the facts,
and perhaps not agree in their verdict
arother objection to the expectancy of the
bill Is, that it gives to the party against whom
the decision may be, a right to appeal, in all
sums aooTe ore doA0rs, to the circuit court,
shieh Is a course the unsuccessful party will
be apt to adopt. This will no doubt bcseft
very much the clerks Of the co.. rt, and the
lawyers, but not the creditor. There will be
more Appeals to tRe circ lit court, than there
are NJ" SUITS Tor sums between twenty and
thirty dollars.
Another Inconvenience which will accrue
from this Bill, will be that Of magistrates issu-
Ing executions on judgments, and keeping the
documents on which the judgments are rem.
dered, and their oSn execution docket, instead
OF executions being issued from the Clerks
OHIce. the evidence of the claim fled there,
the execution docket Kept there, and the exc
cutioas returned there where at all times any
party interested may have access, wtlsre they
will be safely kept for future use, if necessary:
there oe,n but one place to apply to for infor.
mat Oh on the subject, :slll be more convenient
~ tue public, than bein. Obliged to 90 from
one Justice of the peace 10 another and per
haps nay be Obliged 20 20 tae rounds of all the
justices In the county before the party wi be
able to ind the paper wanted, if it is found at
aii.
But tae jury, it is said, isto be composed of
less tnan twelve men ;-lfthis be the fact, it is
an evasion OF the constitutional right secured
in all cases above twenty dollars. When the
constitution uses the term Jury, 1t means that
the Jury shall consist of the namber fixed by
the cOn,nVn taW, chich Is ~t,veiue, and did not
inteai 70 put 1t in the power Of Congress to re.
duce the jury to one, or tpo persons. If they
can reduce the n amber Som IL to 9 or any 9TH
er M noer, there Is no reason why they snail!
not be alto xed to saw that the Jury shall con-
sisr of three persons, or even one man, who
shall be sworn we'll and truly, to try the is.
sue jolned, and a true .erdict give.
But this Jury is To be summoned by a con.
stable. 1t IS known to all who have any ex.
perience in judicial proceedings, how difficult
it IS :or the marshal to get jury of respectable
and intelligent men-what KIND of lures will
the constable be able to procure generally ?
There is, h osever, q serious defect in this pro-
vision of the bill. Il a person summoned by
the constable to attend a a Juror before a jus.
tice ,fthe peace, refuses or fails to obey the
sun'noas, there is no power given by the bill,
authorship the justice to punish the person
for not obeying the summons, or TO coerce the
attendance OF the juror.
Ia bill provides, thatthe fees of the justices
of tae peace, within the District of Columbia,
shall be the the same as are allowed for similar
services to Justices of the peace in the city of
Baltimore, in the state OF MARYLAND. passed
February Ia, 1879. | have not seen this Bal
timore table o. fees, but It is falr to presume,
that the fees allowed the justices of Baltimore
are greater than those allowed to Justices in
the other part Ut toe state, and greater than
those already allowed by law, in the District of
Columbia. ifthey ae not greater. it is hard.
ly to be presumed that the justices of Wash.
an ston county, who are the fathers and drafters
of tas nil. would have selected this table of
fees in a distant place, in preference to those
they have already.
But the greatest objection to the bill is, that
the justices are not to be paid a stated ANIMAL
salary for their services, Instead OF pa sing them
fees, IN eaen case, for each process Issued by
them and judgment rendered. and that to be
paid by the party. The administration OF Jus
tice should not only be chaste, but ,nsuspect.
ed The temptation which the present mode
hollis ont, OF paying justices of the peace for
their services is one which the government of
the nation ought not to allow to exist. II is
che interest of Justices of the peace to increase
Petty litigation, and the extending their iuris.
dictiouto fifty dollars in civil eases, tends to in.
creas. instead of diminishing the temptation.