distrust the virtue and integrity of that body. Indeed, so much had been said about public men and bodies of men-such charges had been prefered and imputations cast by one upon another, here and elsewhere, that he was at a loss to know in what quarter to repose confidence. The gentleman from Northampton had complained of this universal distrust. He agreed it was painful, and presented a state of things not very creditable. He believed, however, it would not do to withhold the truth from motives of delicacy. Distrust of public men was of wholesome tendency.Curb, guard, and limit the exercise of delegated power as you may, the people will find the trust too often abused. Politics had become a profession men followed it as a business and in deep humility he was constrained to say, they were but too successful in their calling. His faith in a man diminished as he grew in politics-he spoke of the mere politician.

He said again, and he gave it as his solemn conviction, founded upon experience, that the great evil of the system was in the number of Justices. Nothing could be done in the way of reform, unless a clause was introduced in the Constitution, giving one Justice to a certain number of taxable inhabitants; thereby, placing it beyond future Governors or Legislatures, for political purposes, to flood the country with these officers of the peace, unasked for by the people.

He had said, the amendment of the gentleman from the city (Mr. MEREDITH) met his views favorably. It did so, and the more he had reflected upon it, the better he thought of it. Like that gentleman, he was desirous to record his vote in favor of it. He believed the time would come, when their views would be more favorably received. He believed the subordinate Magistracy of this Commonwealth, with its enlarged jurisdiction, was of the most vital interest to the people. He had given his reasons for this opinion. He was anxious, therefore, to make it as useful and as perfect, as it was important. He believed in the purity of Judicial officers, more than he did in their independence. Give him the first attribute, and he would risk the other. There might be independence without integrity; but, he doubted whether the latter merit could prevail without the former. Under the present Constitution, Magistrates are multiplied to an evil. Under the system of fees, extortion was invited and practised. He was at a loss to know which was the worst. The amendment under consideration, to his mind, proposed an entire remedy against extortion.— It removed the inducement from the officer-it took away all interest which he had in his fees-he would be no longer led into temptation.Between the man of large and multifarious business-of many suits and collections of great wealth-and the poor man, of few suits and less influence, he would stand impartial. He feared extortion was a prevailing sin of the day; and it was well, perhaps, for the people, that they were ignorant of its domination. There were other and greater peculators than Justices of the Peace. He doubted the propriety of any officer receiving fees for services, much less a Judicial officer. But society had still a deeper interest in this amendment It put an end, in a great measure, to useless litigation. Magistrates, instead of aiding, abating, and encouraging suits, would discountenance petty, paltry, legal altercations. They would have neither interest nor inclination to incite them. Thousands of suits now prosecuted with fierceness and angry feeling, would then be settled

by advise and persuasion. It would cut up, by the roots, a miserable sys. tem of pettifogging. He had learned since he came here, that in a county not far distant, a certain class of lawyers (such as hang round everyConrt House) had contracts with the Justices of the Peace, and gave them so much per cent. for every fee they could procure; and, in this way, a consummated system of peculation and pettifogging, was kept between small lawyers and corrupt Magistrates. What was the consequence? The people were deceived and robbed.

He had not heard one

What were the objections to this amendment? that struck his mind with any force. It had been said it would not be popular with the people; they would object to so many salaried officers.Whether it would be popular or unpopular, was no argument with him, But why should the people object to it? Because, it is said, it produces a total change, and therefore, they will not be satisfied? He admited it would produce a change-a wholesome, salutary, republican change; it would introduce a change that would secure the poor man against a common abuse of his rights and interests, and nothing more, it would produce a change that would purge and purify the most important branch of our jurisprudence. What evil would result from it? None: essentially none. Would the costs of the administration of public justice be increased? Not a dollar. Then, how would the people be injured? The views of the gentleman who had spoken in favor of this amendment, had not placed this matter upon its true foundation.

The gentleman from Crawford (Mr. SHELLITO) complained of the costs. He trusted that no man had it in contemplation to abolish the fee bill, and permit parties to bring suits, and lose them without paying costs. This was not what he contended for. He only contended that the wa es of the Judge should not depend upon the fee bill, or the number of suits he could manage to institute. Let the fee bill remain as it is, or let it be suitably amended, and let the costs, which now go to the Justice, be collected by him, and paid over on oath to the county or township treasurer.Let such laws be passed as will make it his imperative duty to receive and account for all such fees. Beyond a certain amount, the Prothonotaries, Registers, &c. of the different counties, are compelled to pay to the State Treasury, certain portions of their fees. To do this, an account must be kept of all received. Let the Justices pursue the same course.

Limit the number of the Justices of the Peace, and you will make the office respectable and respected. Make them like angels' visits, "few and far between", and men will consent to fill the station who will do honor to it, and justice to suitors. Limit the number of Magistrates in each county, and the honest fees of their business will pay them ample salaries. The costs will not be the addition of a farthing. Public security, private rights, judicial confidence, and the satisfaction of the people, would be worth millions.

He would be willing, further, to restrain the action of Magistrates, with a view to the greater perfection of the system. He would confine the jurisdiction severally to their respective districts, (except in criminal cases) at least so far, that either plaintiff or defendant should reside therein. He had known many instances of the grossest and most wicked abuse, for the gratification of the worst of feelings, of this general and unconfined juris

plaintiff to travel over a county to pick out a Magistrate, before whom to bring an unrighteous and unjust suit. He wished, as far as possible, to guard against all abuses; he might be mistaken in his views; but he conseintiously believed, if they were once put in practice, they would be found universally beneficial.

Mr. MERRILL said, that in discussing this question, it might be proper to go back to the system of appointments of Justices of the Peace, in order to come to a correct conclusion. He had taken considerable pains to inform himself in relation to the operation of the system of election of.. Magistrates in the neighboring States, in which he had lately travelled, and he would s'ate some of the facts which had come to his knowledge, in the course of his journey. In Indiana, they elect their Justices of the Peace for five years, and the honesty and justice of the operation of the system, might be judged of, by relating a story which he had heard while in that State. He had been told by a young man, who practiced law in that State, that he had been called upon to go seven miles to argue a case, where the amount involved in the controversy, was only three five-penny bits. No controversey, however trifling, could be decided there, without counsel, and the fees of the counsel generally were as great, or exceeded the sum involved in the controversey. This was the operation of the elective system in the State of Indiana. He had also been informed, that it was a quite common matter there for persons who had suits to bring, to inquire before they went to put them in the hands of a Magistrate, how long he had to serve; how soon his time would be out; and if the Magistrate had but a short time to serve, they would not entrust him with the collection of their accounts. This was the confidence put in the elective Magistracy of the State of Ohio by the citizens of the State, and by those best qualified to judge of their integrity and honesty. It was frequently the case in that State, that men were elected Magistrates who were possessed of no qualifications whatever, and the same thing no doubt, would occur here under the same system. In fact, he had heard of a case there, in which a man was near being elected a Justice of the Peace, who was possessed of no qualifiction whatever, un'ess it was for a high-way robber. In the State of Ohio, Justices are elected for the term of three years; and here again, lawyers are called in on all occasions, t› plead the causes which come before these officers. But very little confi lence is placed in the Magistrates, and hence all persons having business to transact before them, are compelled to employ lawyers to see that the suit is conducted properly. He knew a very young lawyer, who resided in that State, who had told him that his regular weekly business before Magistrates, brought him in about eighteen dollars a week. This was a pretty good sum, considering that it was all earned before Justices of the P ace, and was, perhaps, more than many lawyers in this State made in their practice in courts. Now, he would ask, whether gentlemen desired to see such a state of things existing in this State? He thought the people of this Commonwealth would be better satisfied with their present system. than with any such system as this, which could be of no benefit to any person but the lawyers. Under this system, if a man had an account of a few dollars, which he wanted to bring a suit upon, by the time he employed a lawyer and gave him his fees there would be little or nothing left, When he was in Cincinnati, he

was the suits before Magistrates, they being so much more numerous than the suits in courts. In the State of New York, the Magistrates were elected, and they have four to a township. In the course of his observations there, he had found that sometimes two, and sometimes the whole four Magistrates were young lawyers, who had but little practice in the courts. They generally, after they get through with their reading, get some of their friends to use their influence to have them taken up for the office of Magistrate; and by this means, they get elected to that office, and practice in the courts at the same time. He would relate another matter which he saw there, relative to these lawyer-Magistrates, which struck him as a most singular judicial proceeding. In a certain township, in that State, there were two young lawyers who were Magistrates, and they had an arrangement, that their law days should be different, so that one could attend the trials of suits of the other, and act as lawyer in the case. Thus they alternately acted as lawyer and Justice, A pleading causes before B on Monday, and B, pleading causes before A, on Tuesday. This might be considered pettifogging on a new system. In fact, he had been informed that the pettifoggers in the State of New York, beat the larger lawyers all to smash. He believed, there were as many honest men connected with the profession of the law, as with any other profession, but he did not wish to see them placed in a situation where they would have the opportunity, and it would be their interest to multiply law-suits, because it would bring the profession into disrepute. He wished to see them stand before the world in their true character, without being prejudiced by any such practices or system as he had alluded to. In the State of Vermont too, the Magistrates are elected, and the same system is practiced there, of employing attorneys in all cases of suits brought before them. He had heard of a young lawyer, who went into that State, and after being there for some time, he returned on a visit to his friends, and on being asked how he was getting along in Vermont. "Oh" said he “I am sure of a living, for I have all the sucing of one store". Then was it to be supposed by gentlemen that the citizens of Pennsylvania would prefer the mode of appointments he had alluded to. if they were to take along with it the system practiced under it in other States? He apprehended that they would prefer the present system, which was well understood, to any of these new and untried systems. Then, he was of opinion, that the whole evil complained of, might be remedied by limiting the number of Justices to be appointed, and dispensing with what was called the fee bill. Put them in the same situation of the other Judicial officers, and your minor Judicial officers will give as much satisfaction to the people, and they will place as much confidence in them as in your other Judicial tribunals. He did not know that the Governor appointed better persons than the people would generally elect, and he did not know that it would be an evil, to elect Justices of the Peace, but if they were to be elected for a few years, he took it that it would be a monstrous evil. If you elect them for a few years, you will have them all the time electioneering for their re-election, and every kind of corruption would be introduced into the administration of justice. It would entirely destroy the rights of the poor, and give the rich the advantage in the decision of all suits. If a rich man, who resided in the same township with the Magistrate, brought a suit against a pont

having justice done him, and if the amount was below five dollars and thirty-three cents, there would be no appeal. But, even if the sum was larger, the situation of the poor man generally shuts him out from an appeal, because he was not able to defray the expenses of carrying a suit into court. He thought, there were few men who would say but what this would be the consequence. Certainly there would be every opportunity, for this kind of oppression to be practiced. If we are to alter the Constitution, let us alter it to provide against these evils, instead of making it introduce them into our system. Let us adopt a system which will induce all men to act honestly, honorably, and independently, and not be laying a trap for poor, weak, fallible, human nature. To elect Justices for a short term, could be of no benefit to any one, but was calculated to make them electioneering politicians, and to make the lawyers all pettifoggers. Men who are elected Justices seldom understand any thing about the law, and they never have time to inform themselves if they are to be changed every three or four years But if you make them Justices during good behavior and make them removable for misconduct, you will have honest, upright, and competent Magistrates. He did not believe, that paying salaries to the Justices would cost the State any thing more, than to let their compensation he provided for, by the payment of fees. He would require the costs of suits to be collected in the same manner as in courts of justice, which should go into the Treasury to defray the expenses incured by the payment of Justices' salaries. This would make the Magistrates independent, and prevent them from extorting any thing from the poor from interested inotives. The gentleman from Bucks, (Mr. M'DOWELL) had explained away the objection of their salaries costing the State a larger amount, and he did not consider that it was necessary for him to say any thing more on that subject. It seemed to him then, that we ought to adopt the amendment of the gentleman from the city, (Mr. MEREDITH) and place the Justices of the Peace above temptation.

He

Mr. SMYTH, of Centre, had been surprised at the remarks of the various gentlemen who had spoken on this subject. We have had speeches from all sides of the House on the question, and really such pictures as we have had of the depravity of Justices of the Peace, in Pennsylvania, and other States, were almost enough to make a man doubt whether there were any honest men in the country. We have heard the characters of this class of officers held up to the world, in all the deformity which the human character is subject to; and a stranger coming in here, would take these officers to be the most degraded set of men in the universe. thought gentlemen had gone too far in this matter. He had known many worthy and good men, who were Justices of the Peace; and as a class in Pennsylvania, he believed they were equal to almost any other class of citizens. Gentlemen had argued, that if Magistrates were elected, they would be continually electioneering; and that the few rich men would be able to oppress the many poor, inasmuch as the Magistrates would always decide in favor of the rich, in suits brought before them, for the purpose of securing their interest at the next election. Now he took it that there was nothing in this argument, and he must beg leave to differ entirely from gentleman, because he believed that every man who had reselved injustice at the hands of a Magistrate, would vote against him, and