Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-03-17
REPORT
Ofths COMMITTEES on The District Of Columbia.
CONCLUDED

except bv the courf IN term Time; the Cohse-
auenee is that, sometimes, IN the most Hagfant
cases, an injunction will continue for several
years, and the party, whose rights are thus
withheld, can have No remuneration Tor his
losses.
There being no masters in chancery, that
mar, of The business which is usually perform
ed by them, is brought before the court, and
discussed, or decided without full discussion,
BY The full court. No Judge, during vacation,
has power to order publication against absent
defs ndan,s; to ratify nisi, finally, sales made
by trustees; TO confirm an auditors report, or
order distribution Of assets in The hands OF
trustee. The consequence is, thai, whenever
party chooses to contest case, he is furnished
with opportunities at every stage OF il 10 delay
a 6nal decree. Losses are sustained by cred.
i,ors, from the money 10 which they are enli-
tied living in the hands Of the parties who are
70 pay il, without adequate security, or In those
of trustees, without carrying interest, until the
necessary orders can be Obtained at the regular
terms. Cases sometimes occur in which large
sums Of money are thus tied up in the hands OF
a trustee; waiting the confirmation oil report
and order for distribution four O. FIVE years.
From Court thus constituted, is il reason
able TO expect such an administration OF JUS
,ice, as the People have right 10 demand?-
The last grand jury Of this county took il upon
themselves 10 say on this subject, (wha' indeed
must appear evidently tina, there are great evils
in the delays of Justice. and The great expense
10 which individual suiors are put by the fire.
ouent alternate trials, Of criminal, law, and
4 chancery case.
II will be observed, that, during the time
which is occupied by The trial OF civil and e.
qui;y cases, ali the witnesses in behalf of the
United States are kept waiting, al the expense
If 81 IS each, per day; to which should De
added jurors fees and various other expenses:
Your committee may, as well in this place as
any other, express their opinion, tina, witness
es' fees are much too high, and are Of very
dangerous tendency, independent Of the-enor-
NOUS expense 10 suitors and TO the Government:
which il occasions.
The long time intervening between the ses,
sions Of Court, produce great hardships, both
in civil and criminal cases; and in the latter,
under law Of this District, which requires a
witness to procure security for his appearance
at Court, il is stated that, some terms ago, q
person who could no, give such security, was
nut in gaol, where he remained suffering Ter
nearly six months, in matter where the prin.
cipal, if guilty, would not have been confined
more than ten days.
In another instance, person jus, las6ing on
the wharf from an Eastern vessel, happened 10
witness some trifling assault and battery, was
summoned before a magistrate, and being a
stranger, and unable TO give security, he was
committed TO gsol with the cuiprit, where they
both remained more than four months; and all
though the defendant was convicted, yet the
Court, believing he had already suffered more
than meri,ed punishment, discharged him with
c., hat k,t a..
imprisonment, and were discharged at the same
lime.
Another similar instance has been STAYED 10
your committee, where wood boalman was
assaulted in his boat, by some pirarical fellows
TO whom he administered summary justice 10
his own entire satisfaction, and drove them off
Yet the third person brought the subject be
fore magistrate, who summoned the boatm an
as q witness, who, being also a stranger, could
no, give bail, and was thrust into prison, where
he was kept for mon his, and, when discharged,
his boat and properly were lost or destroyed -
II will be found, in g eat proportion OF cases
that persons committed for trial are subjected
TO unreasonable imprisonment, before it is
known whether they are innocent or guilty.
In civil cases, there are serious hardships -
So unfIequent are the terms Of Court, and such
its Jurisdiction, practice, and course OF pro-
eeeding, tina, it takes two years and hall
to collect an iudispu,able debt.
These cases are presented, in order 10 show
the hardships which are suffe ed, not only rom
severe laws, but from the organization and
proceedings OF the Ci,cuit Court; and 10 rem
der more pal2able and striking the necessity
Of lessening and separating its duties, and Of
dividing its muItifarious jurisdiction 20 some
extent at leas, with Other tribunals, which, in
the opinion Of your Committee ough, TO be es.
tablished.
But facts are so fully developed, Sy the &C;
compapying documents, in reference to this
subject, that your committee will now pass
from this branch Of their inquiry.
Your committee will ut 1t advert 10 the char
ac,er and proceedings Of justices Of the peace,
whose mode Of appointment, tenure oil ottice,
and Jurisdiction, have already been stated
There are, in the county OF Washington, twenty
Eve Of these justices. This formidable corps
Of subordinate magistrates, is aided in the adj