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7 : . v ' V,,. - r--:.- , "' - 'i' - , , t. . , - 7.,h,:. .,.;!,.,: -'-K r 7- -' ; r.. :. . ! . .. jh$fc ' '; i: i " ' ' - J';' - -' V 1 V'' ;Uwarpdby .Party agt t liie like BretHen A . V -! ,'".(., 1' v""" : ' . . ' ' - v ' ; ' " " .. :- rSjl Cor tf" Errors and appeals, A . v- ' '' ! ijhfc Bill t eftiblifli a7 Court of Errors od ipptl$f and to divide th Superior Courts of Law and fruity into four riiinjs, fcdng i 1 h its fecond rctdinj, in the Senate of this I State, on Friday the 29th ult. the follow. , 4g Debate 'took place: j The bill having bttn read, and put on tts pajage, . Rv Blount wilhed that the Gentleman who introduced ius bill, or fome other, would poirit out its utility. He faw the imicrfeclionrof our prefent Judi cial Syftem,jand wifhed them re raedied as much as any gentleman on that floor ; but he diflrufted his owh-fudffmeht as to the oroner! rc- me. jy for them. He hahis doubts wh ether this bill would furnifti that 1 ermedy. He wifhed, however, Tor information, being friendly to the bill, if it could be lhcwn to be tt feftml. T 7,7 Mf. Johnston faid, the want of loir e Court to wnici retort could be had in the lad degree, muft Shave been obvious to every man inj this country, who had attended to the fituation of our Judicial Syltem' inflcad of fuits being finally deter mined in the Courts in which they are commenced- fome Cou rt which fhould revife the nroceedines of al other "Courts; not; only that bur Judges may become the more cir cumfpet in the performance of their duty ; but that there mould be an opportunity afforded of reviling and re'confidering cafes which may have been wrongfully decided J In cafes where men are placed in independent fituations. in which I they are not refponfible to any fu perior power, it fometimes happens that they become arbitrary ana ty rannical in their proceedings. (This bill, if paffed into a law, will ope- ; rate as a check upon Judges difpo- fed to abufe their power; and even nc Dcitr men, wnen piacea m a 1 fituation in which there is no check II upv ...iw vuuuuu,.-,v.ucu uv.uiui :n4nln mA n.i.l.nfi.1 V.;. A.. Il 4Jvwv.fc VA v.&.l.ui ui ty ; but, when they know there is a Court eftablifhed to correft their er- rors or mifcondua,vthey will be more guarded in their proceedings than they are at prefent. The realbn which had prevented him from attempting a remedy to this evil at an earlier period was ; this ; when T praftifed at the bar. ; faid Mr. J. we had only three Jud- II tree h-w - k9trm nhfirl i k itt.n4 every Court." To have formed them into a Court of j Appeal, vould, therefore, have obtained no remedy 1VJL " "v.v- uiiini; Denenciai to . men. perions. u for he evil, fince the Court would l confift of the fame men ; whofe I errors or faults were to be correa . ed ;. and when 1 confiderpd: the :7 extreme reluctance perbajpsilaud able reluaar.ee -which fome gen- . -tlemen have to every kind of ex- 1 penjee, I was deterred from: offer- to form any , feparaie eftabufhmen'. j The firft tiine I found, it! n my i power to bring forward a remedy for this grievance, was at the laft I feffion We had then four Tudees. and itappeared to me, , that if the State Were divided nto four ridings, inftead of two, the duty of the Jud ges would be fo much leffened, that the Legiflature nahmardbf y ii. 2 . 1 i ' ' . . t. . . xnem th creafi Th Tibt complained f of V but it was the beft sna jnpiL practicaoie inatnas occur-? red to me; f He had: thereCore fub 'mitted it to theconfideratibn of the houie ; if they difappr bill would, of courfe, I lie fhould be fatisfiedwl done hi duty in brin g . wa rd If a ny gentleman nnn a better irem encanuny give nlace to it. as ne had TI.O oartinilar: brifcindi in fa vour -of the fyftemhe had propofed. I f a n y objections' fhould j be made to partic ular ' parts tbf, the bill j hct m 'ould j;edeavbf aniweit them ; ibut7ashe fbundj himfelf fome w, hat indifpofed; from a cold, he hop ed other gen'lemen, in fa your of the bill wbuld fpeak. to its-gcn tral merits. If ;. :i 7- Mr. Blount cdnfefledj he dif trufted liisown opinion w'fth ref peft to t;he merits of this bill ; and his afkin for the information which had been given, was more for the fatisfadicai other gentlemen than r r r, v ."" P Jvwwii wnitn hu uccn ltaicu,! was. UlltriCt VyOuriJ,4il was oui or me is new court, without anv in it W it,.,Vi. f-..f '111 -...n.: a . .AtjJ i... .Wi. ;T7 tne aadltinnal dutv-ftt hnlflmarll r. u.j t- : -a..J J .J.-IMI -r V ... 1 ?. .... i .... r .-faIary-. ' ,.-.is-': 7 Irm&h 1 1 -r-r-.J -ir-..- :JlirJ.t 'L? ,7 ir?a. jIt.Ii ri'- trit- -n IS .expedient. Mr.'T.faidi micrhf II m. .iC.fj ---tli- i it1;t:J II , . .7 5ni Jjv1 7 ii iJU wv: yen iuf cunne inc evil ii tn nuv:ru rw,..r ir iA ; ji himfelf. Incapable as he acknovf led ged himlelf to be; to remedy the evils of . our preieht judicial Syf tem, he thought he discovered a de-. feci in the laft 7daufe of this bill. If wnica ne movea to amena Dy a pro-; vifo to this effea : ' That the Jud ges refpectively lhould ride m thofe di Uriels where they have leaft prac tifed, and never afterwards ride in the fame diftnet." 7 The Speaker decided the motion out of order, the bill being upon its paliage. Mr. Avert faid, that whtlitthe bill was reading by paragraph, he fj forbore to otter any amendment to j it, though it it were to pals he thought it capable of imendment ; as he felt, however, an inclination to vote againd the bill altogether, he had not attempted to amend it. He rofe with diffidence to fpeak to the merits of the bill. He was ready to acknowledge that there are great deficiencies in pur prefent Ju- dicial .ISyftem, which ne v fhould be defirous of remedying, if it could be done in an unobjectionable man- II ner ; but in looking into this bill, he feared, if it paffed,' inftead of its remedying the prefent defects, it would increafe them 7 :UV1 ':' 7 It is well known, faid Mr. A. that' a great part of bur Judicial bu finefs is done in County . Courts, and he found no remedy in this bill, for any errors whicfi might be com mitted in iudgmcnts given ia them ; whereas, at prefent, ; appeals are J I maae irora tnoie courts 10 tnc Dupe- rior Courts. This bill contemplates that one Judge (hall prefide in this Court of Errors, and that no appeal fhall be made from his decifion. He did not think that there was com- plete fafety in fuch a regulation. With refpeft to the. expence of holding thele Courts. No compen- fation was mentioned for the Tud- ges; but they could not be expeB- cd to do the bufmefs for nothing. I Suppofe the four Judges were to nave ioou eacn vxmrt, tnat would l I n mi t 1,-. , II dc 0001. a year. , xms aaajtjonai expence he fhould not objeft to, if the bill held out a complete reme- dv for the evils com'nlained of but fhis did not appear to be the cafe. He knew many inconveniencies would refult from carrvin v this aa I intoeffea. particularly to cirlzenslrtd Droterl the nr and weak a era in ft far removed from the feat of Go- vernment, where the Courts are propofed to be held ; inftead of .be- I T l f . - r t; . would operate as their total ruin. Taking all thefe things intp cohfide ration; he fhould be inclined to vote again ft the bill, though, as he had already premifed, he had fome I fufpicion of his own judgment with refpea to .it.; . j-f..V--"j' 1 j" - Mr. Johnston obferved,:that if the gentleman laft up expected that this bill fhould have been'oerfea in all its parts, and have remedied eve- ..... I ...... fl.....-". !i. -"J '.. i y jui-uu v ciucuvc cxpencncca un- revinon couiq oe nxea in every un der bur Judicial Sftem he expea- trict Court, cittzenslof every de ed more tharxheught tohavedone. fcriptidb woildj have Ifbme chance We ought not to look to ' mankind bf iuftice feeing done to them., j for perfeti0n .;;'the I .works .'of :4he'Mr.! JpH NST d N wifhed to fatisfy Almighty are only completely fb. He wifhed the jGehtleiirian from BurkeJ inftead bfjobieaing toUhet hill .in toto, had propofed his a - mignt not oe mauc inis is an m - convenience lain , he, which the l a? uui??'rrur U-;n..7r Judges vary ; and the , decifion of one Judge is disregarded by another, :Buty7when V7Cburtj-fAicH1 nlpropofedvi fhall be jcfUhljifSedJ which fhall govern ail decifions which may ' be7 giyenin find in f peaking, 1 1 fliall leave it to be Jaid byothefs. tainty 11 mendments. Aihe only general ob-11 rers complained of corretted in the inhabitants oPths eountrv will be II th!?Vfiilnefs bf the hill wdiildlab II vt"A ""f5" ffJ:VvJ V'1"M! unaentana tneir 101s in Kiuea, OT-'Vijl Sedmoratcky,verygallantl and miffing amounts to 3e reieaed. 11 u- a rt i,- llZrUi i4;w'4r; I th,e village -on - its left -flank, while 1 1 ncai roo-mca. : th having HWttUr. k7 I rAin f 7,.1 at the fame time it wat entercd,on D. -r i:n,j ..tnA,A A ing it for- hold thrir libertv and nronertv. n,d amaioritv arimft it. 7 Of II b7 th l ft regiment of the , - J ' 7 . fa7f Under our prefent ?K Total-1 Lieul. Col. a Captains. , hb -would r T ,; ; -, ; 7 r7 ot tneouaras, naa oeen previouuy c.Ju.n. J Qff . i TIUKfc J 4.11; .V1V-: H.VV) . mf-. V. , I -f - , i " i ' ' i I r I I I 111 I n I I n; various parts of t thC7State,,ilome i"? ?ouowip uuP?ic iia.njsaay "w;v , c- C c fecurity will be had fcr the "due Ijbeenceivomj the pukef Gen. Qundass column which after ainiftioniuaiclMu 7poby Jthe RighHbpmeriry aking poffeffion of Walmenhuyfen, t-iKiz. - iilir't;-2' ifc:r-? TA -..hV;.,: : ..-7 xsr i had been mined bv the 1 fl battalion aaaea Mr: ii in entoe iaia on rinisii; ""-r ;-v.,-:n. )-ir;i:Y jt-'C': 11 . r. j " J r.t.;:A-iVkUAr of the cth regiment, marched againit r Mr. " twtw nhlrvH i 5r hid II I acnuainted vou witamy -intention u- j J- .r Lvf-MsVinir n ittaL7ilA Vi toKATj. i I ;iya?edr...orr;theirh'iffht.had.'..retirea at II 'tuiu:wiiiiiiir'ucrccuiTiiiwi!MMEww,it.wKy. o o - --! 4 11 whstwouldU thecffcaofUbfthe!eHemy . ' ' this bill, as it was an entirely new meafure.i .The great end pf laws is to obtain Juitice for I individuals, and therefore the admittiftration-bf iuftice ought to be made as cbriveni ent to the citizens at large as pofli lle. 7 But, inftead of this, the pre fent bill propofes to remove ; it as far from them as the State will adT mit of; and takesiaway the relief now afforded, witHout fubftituting abetter ; jfor he could Inpt fee that this Judge of Appeal would be more likely to - dojuftice than a Jury. When a tiyal has been had in a Dif- trict or County Court, if the Par and fatisfac- ties have hot had a tuli tory tnal they can obtain a new hearing, which he thought a much eafier way of coming at juilice, than that propofed by this 'bill. Not one catife in ten tried in the Diftricl Courts, would ever be brought to this Court ; it would afford relief, therefore, but in few inftances.. Be fides, it could, not be expected , that ;this!bufin(s fhould;be4weifor:rib'- thing; it would doubtlefsbeattended with cpn,fiderable expence, and. he thought for little purpoie. It might, indeed give advantages' to the rich ; but it would provejgippreffi veto the poor. When a man, full of money, had been unfuccefsfui in other Courts, he might carry j his caufe to a Court fuch as is here propofed, where a poor man could not follow him. Believing as he did, therefore, mat 1 the bin, it paiica, would not be productive of good, but the con irary, jic inouia vote againit 11. Mr. AVery made fome further objections to the hill, which were not diftfnclly. heard. N 1 ?HMr. John ston replied to them. obferving, that he was very unfor- tunate with refpect. to that gentle- man ; for though they agreed in opi- niop on Iqueftions. of general poli- tics, vet the v eenCrallv differed on fubjeas of detail.. In anfwertothe gentleman from Mecklenburg (Mr. Irwin) in relation to the expence of tne propoted eitapiiihment, Mr. I. r t 1 . i- .1 faid no additional expence was con templated ; and as to this eftablifh ment's proving an advantage to the rich, and the contrary ito the poor man, the law, in general, he faid was doubtlefs a great advantage to the Door man it was made in-order the oppreffions of the opulent and hftrong and this law. faid he. is of thefame kind. 1 Mr. Phifer faid,-it appeared to him, that this bill went jto deny jiif tice. to the poorer clafs of citizens ; for how could a poor j man travel 300 miles to attend a Court at this place ? How is he ,to fupport the expence ? Every gentleman in this hbufe, faid he, receive 251. a day, !fpr his jfervices, and! where ii-the II poor man to II lawver7 whe get this fum to, pay his o, he fupppfed, would I not be fatisfied With lefs? If fbine II 'f ' lit J f ' t! ' -T C II everv gentleman1, if he could. He I H allowed it would5 be inconvenient W Ibme . citizens td attend thefe j Courts!; but, as! to having the er- Ankl ii in tnejL.ourx 01 jcrrors ana I i tib w-pf opoledw If this were-d ENGLISH ACCOUNT. ;7 ; Dawnthg-ftreet, tiotember. - 'ie- " ofetne.f 1.0th; inlti- II 'nni-'Z; e lit -it '.'.111 J i r 1". i-1!-'- I--'- IT J - il tmr . Tk. rkmoi)ir rf l.iwit -Inmy,.dilpatch that the reinfoiTcements joined. r Upon the ldth, every necefiary arr rangement being .made, the army j moved forward hia fotir nnncipiaH columns. , t :,:.., fv ,-7'!.;77 7 The object of the firft column was; to drive the enemy from the heights of Camper Duyne, the villages un der the heights, and finally to take pofteffion of Bergen Jjl the fecond was to force the enemy's pofition at WalmenhuyfenTand Schoreldam, and to co-operate with the column under Lieut. Gen.'D'Harman ; and the third, to-takepofleflion t)f Ouds Carpel,' at the hjead of the 1-aoge Dyke, a great road leading, to Alkmaer. - - : ". l- .- -. 7;'" It is nefceffarv to obferve: thdt the country irt which we had to aa prefented,in everydireaion,the moft formidable obftacles. The enemy up- on their left occupied to great advan- ta?e the hi?h farid hills.wh ich extend from the feat ia front of Petten to the town of Bergen, aind was entrenched in three intermediate villaces. The country over which the columns ujider Lieut. Generals Dundas and Sir James Poulteney had to move for the attack of the fortified pofts of Walmenhuyfen, Schoreldam and the Lange Dyke4, is a plain, inter- feaed every three or four hundred yards by broad' deep wet ditches ?nd canals. The bridges acrols the only two or three roads which led to thefe places were deftroyed, and abbatis were laid at different dif tances. , . 7 V - . ' , Lieut. Gen. D'iHertnann's column commenced its attack, which was conducted with the greateft fpirit ajia gaiiantrv. at halt palt three o'clock in the morning, and by eight had fucceeded in fo great a degree as to be in poffeflion of Ber- gen. In the wooden country which lurrounds this village the principal force of the eneniy was placed, and the Ruffian trooos advancine with an intrepidity which overlooked the! formidable refiftance with which! they were to meet, had not retained that order which was neceffary toj prelerve the advantages they had gained; and they were, in cdnte quence, after a moft vigorous rc iiftance, obligedito retire from Ber gen, where I am much concerned to itate, Lieut. Generals D Hermann and Tchertfchekoff were made pri loners, the latter dangeroufly wounaeaJ ana tc.il DacK uPon Schoreldam. : which village thev were alio forced to abandon ; but which was immediately retaken by Major General Manners's brigade, notwithftandingithe very heavy fire of the enemy. Here this brigade was immediatelv reinforced bv two battalions of Ruffians, which had - . j co-operated With Lieut. Gen. Dun das, in the Walmenhuy fen, by Maj. Gcn; D'Pyley's brigade of Guards, and by c 35 regiment under the command of his Highnefs Prince William, lhe iction was renewed by thefe troops! for a confiderable time with fuccefs; but the entire want of ammunition on the part of the Ruffians, and the exhaufted ftate of the' whole corps engagedfin that particular lifituation obliged them to retire, Which-they did, in good order, upon Petten and-the Zyper Sluys. ; ( As foon as it was fufficiently light, the attack upon the village of Walmenhuylen, where the enemy was . ftrongly pofted with cannon was made by Lieut. Gen. Dundas. Three battalions of Ruffians, who I formed afeparate corps, deftmed to detached, to march upon Schorel dam, pn the left of Lieut. General D-Hermann's column, as was the ! 3d regiment of Guards and the 2d battalion of ;tl; 51 regiment, to! keep up the communication, with that of Lieut. Gen, bir James,rout Schoreldam, which eplaee they maintained, under aCVery heavy and galling hrcuntil : tne 'troops en The column under r Lieut.: Gen,. . Sir, James Pulteney proceed to its object of attack lat the" time ap- pointed, ,anH after overcoming the ; greateii difficulties and the moft de- termined oppofitibn, . carried by florm the principal poft bf70uda f Carfpel at - the head, of the Lange i Dyke i upon which occafion , the I 40th regmaenti under the command of Col, Spenfcer, embraced a favor- able opportunity which prefented itfelf of highly difiinguifhing them (elves; - ; 7 7 This. bint was defended by the chief force 'of the Batavian army under the command of General Daendals. The circumftances, how-i ever, will ever re fleet the higheft CTlt on the General Officers and . troops engaged in it; and made it neceffary to withdraw Sk J?mes; Poulteneys column from the po- which he had taken within a mort autance 01 Aiitmaer. ine fame circumftances led to the ne cefiity of rtcalling the corps under Lieut. Gen. Sir Ralph Abercromby, who had proceeded without inter ruption, to Hoorne, of which city he had taken poffeffion, together with the garrilon. The whole ofv the army has therefore rc:6ccupicd its former pofition. 7l ' The well-grounded" hopes 1 had entertained of complete fuccefs oii this occafion, and whichere fully juftificd by the refult of thelthree, and by the firft fucCeffes of the fourth attack upon the right, add. to the great difappointment I muft naturally feel on this occafion:. but the circumfiances which have oc curred, I fhould have confideredof very little general importance, Jiad I not to lament the lofs of many Wave officers and foldiers, both of hisMajefty'sand the, Ruffian troops, who, have fallen, '. The gallantry difplaycd by the troops, engaged, the ipirif with which they overcame every obftaclef which nature and art oppofed to them, and the chearfulnefs witK which they maintained the fatigues of an aaion which lafted without intermiffion from half pa ft three o'clock in the morning until , five) in the afternoon, are beyond my powers to defcribe or extol. Their exertions fully entitle them to the admiration and gratitude of their King and country. h Having thus faithfully detailekl the events ot this hrit attack, and paid the tribute of regret due; to the diftinguifhed, merit of thofe who CU I have much cohfolation in be- ing ahle to ftate, that the efforts which have been made, althoughi Lnot crownea witn immeaiate luc- cefs, fo far from militating again fc " the general objea of the campaign promife to be highly ufeful to our. future operations. The capture of 60 officers,' and upwards of .3000 men, with the de ft r u li o h of 1 pieces of cannon, with largeAip plies of amnuLition, wftfcli-lftenjT terfeaed nature of the country did not dmit of being withdrawn, are convincing proofs that the lofs of the enemy in the held has been fu- Perior to Our own : and in addiiiora to this, it is material to ftate, that nearly 15,000 of the allied troops had Unavoidably no ha re in this, aaion. ' :' .. ' i I tranfmit herewith returns of the killed, ; wounded and miffing, j ; 7 lam, Sir, your's, &c,r7 7s i FREDERICK.. P. S. Not having yet received returns of the? lofs of the Ruffian the lofs of: the Ruffian can only'obferve, that I drummers, .3457 rank - and- file: Wounded ; as lergeants, , 5 drum mers, 365 rank and file milling; . ' N. B. Lieut.. Rowan of the Royal travy; wounded fiaeh JcUled; 1 'eimenuwouhdedrr7-: '!V?7.; i;irM1 Jhree hundred and fiftyrank an$- tiLCOt tne mm oaiiaiiona icinr . regiment, cannot "exaftly. bepao counted for, from the nature of the 6iion, and from the regiment bein U ferft immediately to the HclderJo. VVaV2 afvnrifoners t blit If'ttnCb.- I fea'rexitlut nearly Wt&W&Si and' the remainder wounded ajxA; . J. rn 1 ' - ' . ... - . i : :': r '
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 10, 1799, edition 1
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