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Under the title of "An act concerning strays"; there will be matter arranged, calculated to produce an inquiring reflection; Whence can proceed, this love of change? this never ceasing legislation?

The act of June, was amended by another of November in the same year. In the year 1794, "An act to amend and reduce into one the several acts concerning strays," was passed; which repealed all former laws, on the subject. The next year, the last act was amended. There was a session of January 1798, at which a new act was made to reduce into one the several acts concerning strays. And this stood until after the change of government, which took effect in 1800.

It will appear, that the county court justices, now become legislators, were not inattentive to themselves. In the Virginia system of jurisprudence, justices of the peace received no fees; although they were conservators of the peace, and held jurisdiction in their chambers, and also filled both the county, and quarter session courts. But they were successively sheriffs of their respective counties for two years each-as such they received fees; and such were their only pecuniary consideration, or compensation, for official services.

An arrangement, attended by the most beneficial effects upon the manners, customs, and habits, of both magistrates, and people. So far from the justice stirring up strife, and promoting litigation; he became the peace maker-advised forbearance-admonished the delinquent—and when nothing else would do, he acted judicially on the case; but then, there were no items, of pence to be charged in the bill of costs for him. He defiled not his fingers with justices' fees. In no country was justice more correctly administered-no country, ever produced a more respectable, decent, or orderly yeomanry, than did Virginia, down to the period of separation. Kentucky had felt the influence; but it became impregnated with foreign mixtures, and ingredients of corruption.

The sheriffs, were to be elected by the people; and that not only turned those who would be sheriffs, into demagogues --but it furnished the justices of the peace with a plausible

pretext for demanding fees-and to justify the claim, the law

For a summons for a witness,

For entering judgment, and filing papers,

For giving a certificate of an oath,

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For attending to take depositions, or on an arbitration, (for each day,)

A modest list--no ways mercenary; it is to be confessed: and yet, it ill assorts with the office, of the judge; at least, in the opinion of some, who have reflected deeply on its effects. Especially when they might also be legislators.

The subject is, however, deemed worthy of further attention. At the November session, the legislature still composed of the same members, an act was passed "for regulating the fees of county court justices." And the following allowances were made, to be paid by the party, at whose request the business should be done, taxed in the costs, collected as executions are, and accounted for in the same manner: For issuing a warrant for debt,

For a summons for a witness,

For judgment,

For recording judgment, and filing papers,

For execution, and recording return,

For a certificate of an oath,

For posting a stray,

For issuing an attachment,

For taking bond,

For summoning garnishe,

For examining garnishe, and taking a schedule of effects,

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For an order of sale,

For copy of judgment and papers,

For a peace, or search warrant,

For attending to take depositions, or on an ar

bitration, (each day,)

For taking special bail,

For a warrant to apprehend a felon,

For a mittimus,

In criminal cases however, the justice was not to collect his fees before they were collected off the person convicted.

For certifying a power of attorney or other writing 1
For examining a runaway slave, and certificate
For a hue and cry, and escape warrant,
For retaking recognisance,

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And the former law was repealed. The justices were enjoined to keep a fair record.

These two acts are a pretty fair specimen of the mode practised in amending laws, the old law was recited, to which was added the new matter-not always indeed, as considerable, as in this instance.

At the next session, the law was again amended: but very evidently by a different set of men. After the passage of the other laws, and especially the latter, many justices betook themselves to office business, and with the help of active constables, kept themselves pretty generally employed. One in the neighbourhood of Lexington, was said to have made three hundred dollars in the year--and it has even been affirmed, that it laid the foundation of a mercantile fortune, amassed upon the capital.

The act of 1793, was however calculated to check judicial speculation, and enterprise. It recited that former fees, were more than sufficient-it repealed the law in toto—and of the twenty-two charges specified, it only re-enacted, eleven: some of them were reduced. A very pernicious practice of putting blank warrants into the hands of constables, to be by them filled up, was prohibited-under penalty-and various regula tions made respecting future proceedings.

In 1798, the subject was again revised, and the following

fees allowed the justices:

For issuing a warrant for any sum,

12 1-2 cts

For a copy of judgment and papers on an appeal, 50
For certificate of an oath where required,

For posting a stray, and the whole service,

For issuing an attachment, and taking bond,
For summoning garnishee and talking schedule of

effects,

For order of sale,

For a peace or search warrant,

For attending to take depositions, per day,
For taking recognisance of special bail,

For certifying power of attorney or deed of conveyance,

For issuing a hue and cry and escape warrant, each,

For issuing an execution,

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They were restrained from all other fees, under the penalty. of five pounds, to be recovered with costs, on motion or information by the party aggrieved. They were authorized to put their fee bills into the hands of the sheriff, or constable, for collection.

In the session of 1799, all the fees of the justices, except for attending to take depositions, and to swear appraisers, which were seventy-five cents, each, per day, were taken away, by a repeal of the law, allowing them.

Thus strongly indicating the contest, carried on between the people, and this class of public officers, by the oscillation in their fees.

The second constitution, as the first did, was to commence its operation, upon a description of magistracy of great importance to the community; eligible to the legislature; and holding judicial powers of great magnitude and extent, almost divested of fees-but once more to renew, or begin, a career for power, and emolument. After a seven years' race under the first constitution, the official jockies, were thrown out of the

course: but although they have been hard run since, and sometimes distanced; they have again, and again, returned to the track, resumed the heats, and most evidently, gained the "vantage ground," in the contest. And no wonder, they possess the never failing stimulus, of self interest to actuate them; and an influence at times very great, in making the laws; while their opponents, acting only by impulses, andthose not very strong, nor well concerted, lose, for the want of persevering caution, what at times they have gained, by a determined essay of their positive strength.

This subject will be renewed, under the present constitution; as one of no trivial interest to the community. Either the justices of the peace, should have no scat in the legislature, or no fees, or emoluments of office, as judges, in any capacity whatever.

It is anti-republican for the same set of men to make the. laws, and adjudicate on them; to legislate jurisdiction, and emolu:nents, to themselves-and to blend the office of magistrate, with the seeker after popularity. What means the constitu tion, when it declares that neither the same departments, nor individuals, should exercise legislative, and executive, or judicial, power? It then asserts the principle, which is violated by the members of courts, holding seats in the legislature-and of courts so numerous, as to be sufficient, to fill the general assembly; whence the impropriety, becomes glaring. Again: What means the constitution where it disqualifies members of the general assembly, from receiving an appointment to any office which shall have been created, or the emoluments of which shall have been increased, while they were members; and for one year thereafter? It means, that men, in making laws shall not be placed under the operation of selfish motives; ever having a tendency to corrupt. It means, that when justices of the peace, were permitted to be eligible to the legislature, that they were not to engross to themselves the jurisdiction of other courts, and the employments and emoluments of other men. These remarks, at present general; will be cxem plified, in the sequel of this history.