Alexandria gazette & advertiser. [volume] (Alexandria [D.C.]) 1822-1824, 1823-02-25
For TIE alexandria Gazette.
THE MAGISTRATES BILL.


The design of this communication is, TO
state, in few words, some constitutional OBJ
;ections to the bill now before Congress, for
extending the jurisdiction of justices of the
peace in this district.
According to the decision Of the supreme
court, in the case of Marburv rs. Madison list
Cranch, 1861, & Wise Is. Withers sd Cr'ch,
S3D: and that Of the circuit court Of the Dis
trict of Columbia, sitting in Washington, which
may be found in note in the case of the Uni
led states against Moore I'D Cranch, l60)-a
Justice OF the peace is Judge of a court. forms
a part of the judiciary OF the United States ::
and of course according TO the third article of
che consultation Of the United States, which
declares that the Judges of the supreme and
inferior courts shall hold their Office during
good behaviour he cannot be a judge or jas
tice under the constitution, BY virtue Of law
and commission which limits the tenure of his
office to fire years. The law of Congress, IL
hitting the tenure of his office to any number
cf wears, Is void
II this be the true meaning of the constitu-
ton, it is certainly inexpedient for Congress at
this time to pass law to extend the jurisdic
ton of single justice OF the peace -eIciud'ng
oil original J,.risdistion Of the Circuit Court,
and thus force creditor to bring his case be-
fore an unconstitutional tribunal, where jndg
Ineut NAV on this ground alone be reversed by
an appeal to the Circuit Court.-ln the case
of Madison and Marbury the Supreme Court
decided, Justice of the Peace o: the District
OF Columbia did not hold his Office a: the will
OF the President.
Upon the same principle, he cannot hold it
at the will of Congress: that is, Congress can
not limit the tenure Of his Office to any number
Of years they please; but it must be during
good behavior. Mr.. Jones in his argument of
the case of the United States vs.. Moore, con.
tended, and so the Circuit Court decided,
That the compensation Of Justice of the
peace, could not be diminished or taken away,
and that any law which did the one or the 9th
or was unconstitutional" Mr. Jones also
contended ssthat the Limitation Of the tenure of
office, to FIVE years was an e asioE Of the con-
stitution, and that it was of no consequence
how Congress had determined the ten are it
is established bv the constitution (see Sd
Cranch, 1917, when the con 'titntion declares
that the right Of trial by jury shall be preserved
IN all cases where the sum in dispute exceeds
twenty dollars IL certainly could not have
been the intent Of the trainers Of it, to extend
the Jurisdiction OF single justice of the peace
hevond that sum. even with the right OF a trial
bv iury-esPeciallv Of a Justice whose tenure
Of Office is but fer fire years
If this was the design of this clause OF the
constit ltion, then the plea eftIPed't,on in the
recovery OF debts and saving of expense, would
Justify the extendin 9 the jurisdiction of single
j'a,ce of the peace to one thousand dollars, or
other larger sums Of money Thus BY degrees
allthat care. accuracy and de!iberation, Ill de
Gliding controversies, which are to be hoped for
from a court composed OF men OF legal acquire
mvnts, who have devoted their time and minds
30 judicial matters. will be lost bv extending
from time to time the jurisdiction OF single
Justice OF the peace-an officer who, from his
course Of life (however honesty may be inccm-
potent to decide, according to legal principles,
most Of the cases which must be submitted to
his decision, under the contemplated Law.
have thrown ont these hints, for the consl.
deration Of those who may be cstied to vote
upon this bill, with the hope whea they come
TO see that It is not clear, the present justices of
che peace of this district, according to the ten
ure of their office, have not the power to act at
oil under their present commissions, that 1t will
he worse than useless to extend their lurlsdic'
ton at this lime to which NAV be added 1T
Is verv doubtful whether the jurisdiction Of
sin Gle Justice Of the peace. under any moditica-
lions, can be extended to sum beyond twenty
dollars
IL the real object Of the Bill before onSress,
Is to obtain expedition and saving Of expense IN
:hc recovery OF debts between twenty and fifty