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AMERICAN HISTORICAL ASSOCIATCON.
present State of the Treasury agreeably to· the Auditors report. it is in funds Sir to pay off all the demands against it The Taxes.there- fore which are already imposed are sufficient to defray all the ex- pences of government and those Taxes are not burdensome. I have never heard them complain'd of by the people as being at all burden- some they submitt to pay them freely and willingly- ! therefore do not conceive that the benefits which will result to the people by having their Taxes lessend will in any the smallest degree compensate them for the .evils they must submit to by the change in the judiciary contemplated by this Bill among the evils and disadvantages which result from this change will be increasing the Jurisdiction of magistrates to one hundred dolls. Sir the Jurisdiction of° magistrates is already too high in this Territory, they have a Jurisdiction which is inexpedient and in my opinion unconstitutional for Sir the constitution guarantees the right of trynll by Jury in civil cases for all sums over 20 Dolls. And yet by this Bill you declare a Single magistrate a competent trybunal to give Judgement for 100 Dolls. This Bill Sir imposes the whole duty of the Judicial and County Court business upon the Judges who are appointed by the United States to preside over the Judicial proceedings of this Territory There appointment as Superior Judges it may be contended contem- plated that they should adjudicate uponjudicial proceedings alone. well Sir if this construction is placed upon the Law under which they are appointed that part of this Bill which imposes upon them the County Court duties will not [be] obligatory and they will not act under it at all for Sir no one will pretend I presume that laying out roads levying Taxes taking care of the poor and other County Court business is strictly Judicial proceedings-Suppose then that the judges should declare that this Legislature had no right to im- pose the County Court duties upon them and refuse to act as a County Court. Why Sir the County business would remain un- touched for two years or the Governor would have to call a special meeting of the Legislature to create a new County Court-I have another objection to this Bill which to me appears insurmountable it has already been deeirled by the vote on the amendment which I offerd this day establishing County Courts. that this House would not agree to establish Gounty Courts distinct from the circuit courts- All appeals therefore from Magistrates as well as all the county business must go to the circuit Court-but Sir this Circuit Court is held by one of the Superior Court judges and the organic law says that the Superior Court shall have original and appelate Jurisdic- tion in all cases over 100 Doll~. now Sir let me ask you where is the auth·ority for those Judges to try an appeal on 20 Dolls. or any
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