QUERY XIV.
THE ADMINISTRATION OF JUSTICE AND 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 honest men gives still a better chance
of just decision, than the hazard of cross and pile. These
judges execute their process by the sheriff or coroner of the
county, or by constables of their own appointment. If any
free person commit an offence against the Commonwealth, if
it be below the degree of felony, he is bound by a justice to
