Barb S. --
Thanks for your very helpful clarification. Let me start with a
direct answer to your question about Virginia in its Colonial period,
which of course includes 1765. Then I hope to add a little value for
you by pointing you to a Web site of the State of Virginia that
contains a comprehensive and readable history of its judicial system,
including the changing role of justices of the peace throughout its
history. (I had found it before you helpfully narrowed your
question.)
First things first, though. Here is a brief excerpt from Virginia's
Colonial history from an article credited to the Colonial Williamsburg
Web site:
"By the time of the American Revolution, sixty county courts, like the
one for James City, County, were in operation across Virginia. Within
these courts, the justices of the peace held key positions. To serve
as a justice, a Virginian had to be a white male who had reached age
twenty-one, practiced the Protestant faith, and owned property.
Appointed by the governor with the advice of the Council, the justices
of a county soon became a self-perpetuating body of elite residents.
If one died, the other eleven recommended his replacement, and the
governor rarely refused their selection. The office often passed from
father to son in prominent families."
Athens Oracle: Justice in the Colonies
http://www.geocities.com/Athens/Oracle/5650/vajustice.htm
This information, which I think answers your question completely and
cogently, is completely consistent with the more comprehensive
information on the Web site of the Virginia court system. Here are
relevant excerpts from an article on that site entitled "An
Introduction to the Magistrate System of Virginia":
"During the colonial period and for many years following independence,
the justice of the peace was appointed by the Governor and his
council. His duties were quite extensive and varied, ranging from the
trial of criminal cases to the supervision of building of warehouses
and courthouses, the licensing of ferries, the regulation of the legal
and medical professions, and of prices charge by innkeepers. In many
respects, the justice of the peace was the local governing authority."
. . . .
"In 1851 General Assembly made the office an elective position until
January 1, 1974."
. . . .
"Effective January 1, 1974, the General Assembly of Virginia abolished
the office of justice of the peace and replaced it with the office of
magistrate. This position is similar to its predecessor in many
respects."
Here is a link to the complete document. The material quoted above is
on pages 4-5:
Virginia Judicial System: Education Resources
http://www.courts.state.va.us/ed/resources/magman2003/introduc03.pdf
Additional Informaton:
I have reproduced below the relevant portions of pages 4-5 of that
Virginia government publication at the link cited just above. This
may be more convenient for you than accessing the PDF document online.
"Given the English heritage evident in Virginia, it is not surprising
to find that the development of the justice of the peace occurred
quite similarly to that in England. There was a gradual development of
the office, an extension of duties, and then an even more complete
decline. The flexibility and use of the office in establishing control
and a measure of social order lent itself quickly to the struggling
colonial government. The Virginia General Assembly of 1623 enacted a
law requiring the commanders of the plantations to hold monthly courts
in Charles City and Elizabeth City. The commander was empowered to try
petty offenses and cases involving less than 100 pounds of tobacco.
Later, judges called "commissioners" were appointed, and the name of
the monthly court was changed to county court. In 1661 these
commissioners were formally called justices of the peace. They were
required to take the same oath as that of a justice in England and
given the same duties, except that they could not sentence an offender
to loss of life or limb. This power was reserved to the Governor and
his council at Jamestown, later to the general court there, and then
to the circuit court in 1818. During the colonial period and for many
years following independence, the justice of the peace was appointed
by the Governor and his council. His duties were quite extensive and
varied, ranging from the trial of criminal cases to the supervision of
building of warehouses and courthouses, the licensing of ferries, the
regulation of the legal and medical professions, and of prices charge
by innkeepers. In many respects, the justice of the peace was the
local governing authority.
"In 1851 General Assembly made the office an elective position until
January 1, 1974. Also in 1851 the General Assembly reorganized the
circuit courts. With this reorganization, many of the justices' powers
began to dwindle in favor of the higher court and other local
officials. For a short time during reconstruction, the justice of the
peace was a township official, and the county court was presided over
by a paid county judge. In 1902 the General Assembly abolished the
county court. The justice of the peace court remained as a court of
minor jurisdiction until 1934. In that year the justice of the peace
was stripped of the power to try cases. Trial jurisdiction was given
to the trial justice, who was a forerunner of the present district
court judge.
"Two distinctions stand out in this brief comparison of the
development in the two countries. One, the justice in Virginia never
enjoyed the extensive criminal jurisdiction of a justice in England.
And, more importantly, beginning in 1934 the justice of the peace in
Virginia no longer could act as a trial judge. Consequently, the
magistrate has no power or right to try cases today. This lack of
power cannot be stressed too strongly, for the magistrate may act only
when authorized by statute. {Beard, fn. 1, rt 14. See also Wall v.
American Bank & Trust Co., 159 Va., 871, 167 S.E. 425 (1933).} A
magistrate who acts beyond these powers may be liable in damages to an
aggrieved party. {Beard, fn. 1. Williams v. Kozak, 280 Fed. 373 (4th
Cir. 1922).}
"With the passage of the Trial Justice Act of 1934, the Virginia
justice of the peace became primarily a committing and issuing
official with limited civil and criminal jurisdiction. Effective
January 1, 1974, the General Assembly of Virginia abolished the office
of justice of the peace and replaced it with the office of magistrate.
This position is similar to its predecessor in many respects."
Finally, you may want to browse at this comprehensive Web site about
the Virginia court system, linked here:
Virginia's Judicial System
http://www.courts.state.va.us/
Search Strategy:
I employed various Google searches, including the following, which was
the most useful:
"justice OR justices of the peace" virginia "appointed by"
://www.google.com/search?q=%22justice+OR+justices+of+the+peace%22+virginia+%22appointed++by%22&num=100&hl=en&lr=&ie=ISO-8859-1&c2coff=1
I am confident that the above is the information you are seeking. If
anything is unclear, please ask for clarification before rating this
answer.
markj-ga |
