Page:Notes on the State of Virginia (1802).djvu/193



HE adminiſtration of juſtice and the deſcription of the laws?

The ſtate is divided into counties. In every county are appointed magiſtrates, called juſtices of the peace, uſually from eight to thirty or forty in number, in proportion to the ſize of the county, of the moſt diſcreet and honeſt inhabitants. They are nominated by their fellows, but commiſſioned by the governor, and act without reward. Theſe magiſtrates have juriſdiction both criminal and civil. If the queſtion before them be a queſtion of law only, they decide on it themſelves: but if it be of fact, or of fact, and law combined, it muſt be referred to a jury. In the latter caſe, of a combination of law and fact, it is uſual for the jurors to decide the fact, and to refer the law ariſing on it to the deciſion of the judges. But this diviſion of the ſubject lies with their diſcretion only. And if the queſtion relate to any point of public liberty, or if it be one of thoſe in which the judges may be ſuſpected of bias, the jury undertake to decide both law and fact. If they be mistaken, a deciſion against right, which is caſual only, is leſs dangerous to the ſtate, and leſs afflicting to the loſer, than one which makes part of a regular and uniform ſyſtem. In truth it is better to toſs up croſs and pile in a cauſe, than to refer it to a judge whoſe mind is warped by any motive whatever, in that particular caſe. But the common ſenſe of twelve