Newspapers / The Raleigh Minerva (Raleigh, … / Dec. 8, 1806, edition 1 / Page 1
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VOL JLJr RALEIGH, (K C.J MONDAt mCEMBEIlim. TNbT v - ON THlUunfClARY BILL. OnjkeiecPnd 'reading of the bill eftab lifhing a fuperior court in each ccun tjyMr. CflwirrcwofFered an amendment hyir.g cf the State into 15 di"ft:ric"f.s, upon which amendment the follow ing debate aiofe : Mr. Walker hoped the Houfe would nr.t receive it, as he confidered it an in direct attack to defeat the. original 'bill. He had ah inter averfion to partial legis lation, or Tide blows of this kind. It ap peared as if gentlemeii.were doubtful of meeting the hill on fair and open argu ment. The bill on your table is no cunningly-devi fed fable ; nor is it the pro? ducliqu of artifice or intrigue, or of arty let of men to create emoluments for thernfelves, but (he true and legitimate .oil'ipring of thar-clafs of citizens moft highly intereftfti in, the government : It had been well matured by the people finsethe laft AfTembly, and was now come to di? binh. It remained to be feen wheite the houfe would not fup port jt in preference to a bill of yefier day, as one borVput of dye time, hcjb flruck at the prinaie-of'the billion the table, -which if agrtednp would deftroy id hopes of making ihecontempiaied change in the adminiflratrnn c ;f juitic lie hoped, therefore, the I .-have firmnc-fs enoiiRh to rci it proper to carry Superior Court in to every c6iirity.T hey 'deyifed a plsn which placed high and low, rich and poor upon the fame footing, by dividing the State into a number of dillricls. This fyftem has been in 'operation, for '30 years, and but few inconveniences have been experienced under it. Ail means among the people whom he had the honor to reprefenr, could procure thereby a feat m the legislature. He lows the other courts in the countiTS of. Rowan, Guilford, A Vaket Cu m b er I ? n V: and Richmond, all ajominp,each other. . that can be faid is that, in fome cafestiwith of: the people They are now be- i Superior Courts. a things he won!d be uh- 1 1 'j .i:ti.-j 1 1 r i- i fn- i n kD ,i:r our Courts, may have been tardy in their decifions. No perfon will fay, how ever, that fo far as decifions have been erven in thefe courts, thry have not would afk, have, not the people of this The truth was, that nc equal and im- country, for i6,tt, or 20 years, wimed '. partial diftnNuion or the courts culd for a change in their fyftem of Jurifpru-1 be mace; at leaff. not any cqud to that dence ? Every member on this floor j contained in the bill on your table, .with.; mult recollect fuch to have been the ! out changing the prefent fifes of your been the reluft of much under Handing books, and there you will find come clamorous and icud in their de. i willing ro do. rl he (late, upon tbedil minds. Iks not the con duel of this ! tr'i plan, cculd not be meted put imo houfe given proof of ihe-fadfc, annually ! difiri'5ts in a manner juit & equitable, & for fifteen years ? Examine your fiacre : place the courts, central in each or' thofe propping up your and correct leeal knowledge. Mr, C. faid it would be unneceffary for him to go into a detail of the laws eflabhihing the prefent JudicirVy. 1 ve ry member mufl be well acquainted with thefe; as no one would be in favor jot revolutionizing a fyftem which he had nt previoufiy examined. In 'thw fyb tern the facredTright pf Jury Trials is well cuarded. what, faid he, was for merly a great caufe of complaint againft on the contrary, he.. .be! the Bihifh government ? tiwas that they pure andUncorrupted. judiciary that h fifteen difhicts, lb as to place the ex es of each at '-equal tiutances f rum tottering, and which Las been long rea- j the centre thereof, and therecy do equal dy to tumble about 3Tou r ears. Kvery j juitice to ahV ' . v member xen this floor mufh remember 1 It is Ccontlnued Mr. L.) candidly ccn- this to have been the cafe.?-v.This is flrpng ! Telied .by the, gentleman from (JrangeT and indubitnble evidence that juff Ice is i that it is the d i fir it I n ci p!e, he onfy ! not fatlshclorily adminifteredNAltiio' 1 contends for, ctherwife the amendment he was far from wifhlng even to i'uggefH propojed. would not be agreeable to him any nty attempted to infringe this right. This - beiru; a ttrong ground of copplarpt, trie framers of our ftate conllitutioh took fpecial care to guard againlt the abuie of it rthey endeavored to fecure to their fellow-citizens not merely it form but of tlr. t lghtof impartial trial thing againtt the corredneis or pu- j riere Kr. Cameron begged leavtno ex .of the decifions of our courts; i plain : he was unwilling to admit fuch' lieved they were ! to be his language, to tpe extent which' , Seeing, then, that alHnen agree that fome change is neceffary, and I take it thofe oppoied to the paflage of the bill on vour tsb'e, are of the number, the quedicn then will be, is the a mend meat propofed, fuch an one as will remedy the evi! complained of? Every mnn 'ho will pjve it. the one glance wiil the fithiht, bv iurv. And trentlsmcarniuii excufc the ! flichteftcor Hderation, ?. fjit-nds of the nrorofed amendment, if fee that it will nor. When the .bill cn ufewouiai they, denrjlPTecuring.tolhernfelves, jypur table made vis 'appearance at the -rt;'A '' mnrl rhhfp uho rnme afrerliem. this in- i fi?fiion. a cr.v was railed that it would i.iv u- -1 - , , . , . - 7 ,t, - mendmcnt. - "X.j valuable pHvilege,--caanot-"Bive up the j be" attended wit! an enormous ex pence, ( M 11 ww- ' T - Mr. Cameron obferved. rhaf f the i duii r. Ar.vW. whicn, m tneir opim-janrt iuch ss tins coiintry,, was not pre t 1 it r 1 lc acoptea equauy lamrary anu. p o the people. gentleman from Rutherford had excr ciifed a little patience, he would . have on; Nis Hour its no fi.uiiid that the friends of the ameTidrnnr clered it toeoiei.t to increate me num. an:werabiy- ana - lans.aciorny proven, meant net to make any dired attack on bcr of districts, let this be done. And Bat, Sir, the. am-r.dment prcpoTfeoupon' his favourite meafure, but to adopt that for this purposeXhe prefent amendment the face of it carries an evienc-. offcreat courfe which he defired, by meeting the introduced, which, at the fame time additional exper.c-- a:xl at the fame ts.rn Mil In o -.tr on. I r,r-... -: I th.xt 't hrfr'ts initire nearer to the neo- rnntemnhtes few of 'he advantages cr-n- "11 111 a K.11 a. 'i .it Miami!, i . iii i -(-- .. x ' . ... . . - . ereaieft fecurity; pvilation and wealtn have ren- pared to. meet ; the contrary of wjiich has, m many 1 nllyr: n fully, un- corrcit. ed pie, till l retains me t fntiapie which v. e ennih fo deariy- Nr. U was wiliinti to 2dmit that thccbflkicaiiori of the counties miht not be alrcgevjier this mishr, however, ne amena-: nd perhaps some better proviiion mie'itbe made for the payment of ju rors, th.m;gh the mode pointed out had tee- fu'oSertcd to him by fome whom he had ccnfulted on the occafion. "It would be obferved that the friends of thea rnendmest had not loft fight of occono-, r.-.y in their plan. Only one additional J udi-e and one Solicitor , being cpntem pbted, " Mr. C. concluded withpbferving that h" mould decline a cpmpaiifon of the .1. I Ml L t ' J 1 ma-US or trie dhi wun me p.opuieu a- had pri nvrome mc lur- :r nito-:ne iv.Dj-.ct, more-eipeciawy as this bill emanating from the peonle h infi ether gsnfleMaouw do it. H.e. Ilefaw none : and he nr-i't have fome :opcd nicderatimrartd good lente would c'ifcufling the amendment, the merits of tlie bin wcu.'a 01 coune be taken into confederation. Indeed, jn order that the friends cf the'.ameix:'mcnk rn&hr no' be charged wi.fh taking tiiehoujeby-fur-prife, he had yeflerday . announced his intention of "bringing it "forward, lie heped, therefore, this was the kll lime thpt the charge of sunfa:mefs -WDuid be made acatnft thofe who Were unfriend- ly to trie bul. l ney were cppoied to us t principle, anithe arnendment preofed: went c'lreclly to (hat'objf.a, if it did not it would be no favorite of -his. 7 fie houfe 'had been told that this bill v.a? the bill of the people. I is -had ns much refpeft for the voice ot tlie peop'e, t .1 t r 1 wuen legitimately erprcned- as an 7tte7evKicnce of the fdet tliar. the batc r be oblerv. afiertionof rhepenth.man from jJurher fdrd before he fhould be convinced of its being fo. If the conflitucnts of any member had expressly mitruaed onjhis pccafion, it would b follow, their directions ; b llr. Lov.-rie moft cheerfully acaufeT- in Avxfhihjr that nothing bur ;cod fenfe hen no t n::d moderation miahtrevail m thedir tainett m the imu on your- table. I re money a: prefent ptid to your Superior (irnnt jurors, is about 1 z oj.-1'c.roo' dciiiars, antl the amcndmenjE-pfoptilesan. additional., number of Jurors, aim oft qual'to vliat at prefent you fend to; your Superior Courts,. Ind at 1 he fame time aiicrds noneof "the advantages contem pr2lci bribe bill on your table,-.-except to onjy -feven counties in the ffate. Mr., 'I.J.ud lie was not fufheiently acruainted With the-fTecgraphy of the ftate to fay how far a lemedy to the injury complain-' ed of .YDUfd be allot ded by the pTopoled amendment to ere-y part thereof. H could, hove. ver, with certainry.aver that fo faivas he: w?s acquainted with the le al counties in the weftern part of tlie ftate, and their relative fituationfiot jnoie than a tlurd or a lourtiipaft 01 tfi counties would receive any advanta whatever ; and evenjludi-as wereyHiit'e nearer to the p'acCof holding the Supe rior Courts ,tfee fmall &uv2X)$z" dza ieprcfentJifcuh1cnancl44:dwter:p4iC vith the adJtnoa. of an ar.nuaf espence o oe- fvv'een i.-: and 1 ?,oco dollars,1 it 'would DC a Dunnen rarner c;ian an of t jt nropo ludaend that was calcalaied to. take tlie houfe to agree to the pro- 11 V KVM LI 11 II l V IVuul I III iU - need l)ela? J refpedingtheineritsof the : n billon your table; it has baen in trc hands cf the people for .twelve months, J and by them. lias been well conHdeied - it embraces is neither new ncr untried;. I an; of opinion, no other principle can ieafmkl Our filter flate, South-' . Carolina, h:rs made theesDertmcnr.and.J m practice it is tcuno to annyef-eVery expectation-'- that could be defimf-thr people are greatly enamoured with ir. C, l l.e Itaes of Georgia Pennl'ylvania, Maryland, and inan'yoftfie other itates, ha e adopted the fame principle. It hai ' been laid tjiatTthe prefeur fyflem was a-V doptetlby. our anceii;rs, th.. patn'ofs'of,, '70, wiio were wifcr th::n the pre1eir Le- . kiftature which, wiil be concedrd ii'h will ""gratify the gentleman; ) htnee it-oughc? not to be dill urbed. f fowa-er wile the- liramers of the prefent fyffeur rht have; be-.n and however ; well it was calcu'a-v ted to meet the wifhes, and !u?t the cir'-1; cumftane.es of the people of ,t b'.t'cay, no' man vyill f,iy thai ihe'Jtafe vt i.iriety hvJ not materially change4Tmce nanime . K i 1 1i n- t 1 1 t f,r o a nr.f lrf. ill kf 'mi. linil ; Jlw wiiiiw y uof ir'i "v.v nil, more populous, mercaBU!t; ;uid'Wuhy j J that the means or liferc leealily pro-f cured, and that the-ipfefells '-of meuff ""mere frequently ahe1uii!y elah.: hencfM the' :prcorietypjchange of the fylfern, correfp)rhiprnotion:y with the changqT in. thejtttcf iociery, but' fuch,.:' as .w'il; 'pwjbably fuit our f uture condition Tor1.- ,-" , .1.1 1 1 f - yearjrto come. .. ah nougn. tne prelent - (fate of every part of the community mayr net, at t:us momerit, call lor tr-e change, 1 . e I ret the t.me is fait apptoachmq wnen it V wiil be abibluteiy necellary. Kyery wile ?y Legdlature,"-when about tomake- any material change in any impott.nt infti- f.K ;ftv.,A:x.,e f n-.-Hinn of th- nusttfon before the .ionic, wiurthe people, aaaneiiKns paid tP the. luvu mill umiuji. Miiv, ,nu.. v. v-i j 11- -1 1 , . 1 x . --,-. J 1 sZ3& 1 i , tleman ought .to ariiccording to the j Coo! and difpifc mucu more me iytus every man conception, tharr the other expence at tending the operation of any -other Ju dicial fyftctn, Vet the truth was, that fala- riesf, when compared to thofe other cx penccs, was no moie iiian a as crop or the bucket. lie believed thar.no di'fricl r-Jan could be propofed that could meet drtaWrifhis cvx t-norftanrlihe. 'i'hr Kft mcaf.S'.tC obtain the C!Jietts:iousit gentlemanhas.faid that this i)ili hvi j.-p fcy;he rr.ends ol ttie Wt;; rcrnsme uxvn uiiiu uiv wviin'-i cui'ii vi j;vv , r j plefor a year nir : tvut we aii kfiow tint or lacn z triDuna-rae Hpeuiuai how littlq attenticrTir-paid to futli things ; by every member cn,theloor pfthis Befider, 1 hcuie fucn ;;n, mveit:at;cn was wiunea jnvifig me 1iiiercr.ee ot obtained refpecl'n the" uy rne eeuera. uvc; ir.e rep:e. .the heonTe"h-Vincr fenf iis-here as their 1 for. KctwiUw l?frnnti:firps frt tnnlcR-!aws. -ve onbl r Olliron that ' Id hik-fnr;lT rvs-'rmr n;ri,rrrirr.r.-; r'Jiiravi' i.i uCTeTtlOir OCIore inu I ed the ration pf our country, will endeavor to do fo by giving the leaft poffible fhock to fociety. The bill orfh ourtable. Sir, iieviarion ! nolfcfies this .p: operty in ;in eminent de- ' he evi!s,comp!ained of. - k vas true grte. Sioul4 it-go; into" operation,. propofed only the addition -iof one 1 2! that T? to beione is to tranlmit the records ana proceeemgs in tne cauies tq the feveral counties as" directed in the bill ; a bufinefs that wtJA require" little ;.r no labour, where th wiU be do:T-et"e(j and the Judges will go into f he co.mtiei ' and try the fame r aufes tiiey, under the prefent fyllem, nou trat the IMridt Courts. 1 he" Coupty Courts will K0 ori as .ujuai, C3tv.;pt in .thole counties wher tlieUItice?, as authorized by th and if thorp were axiyjiietiibers v no 'c tt highefl lefped f or the cliarader thprnlvpc hfvVvA in inrh mar.nrr nTt antftaieritot many ot tiioe-wno: diiier nn n urnnmut r.ridanvin. I eA frojK. rim m opinion on tnis iWv.'ee... k'Vll V. W I - T Z '' not to be open to ai gumen .tion, he pitied iheir-condition..: With thefe preliminary rem firnnnfpr?. in hripf manncf.'to exam in ft i diciatV -y tho riiprirs offiilr nrcfer.r fvflem of lis! I eree.. and difT; fhs, he Thr w? texP thc-petrpc0T' the-fot evils they laboured under?' T hey com plained. of being obfigedTo attend jHeir- It has been hud t hat the yeomanry or j this coun courts ?.x an expence very difproporiion ate to their pecuniary circumflancesi at to how that amc illiberal remarkrhowever, have been made,and oniy as A. TrrnfnHpnrpJanH tTTm-dce fofn- remarks I chance' is ' to be made'. Some illiberal n favor of the profjoieJ ahendment. . I v Jt would be was formed -ri-hrMi we lirireflialf find fhey were fome of the moflFnlightened and yirtuous patriots and ftatelmen that ever were convened recollected that this iyttem : Jt has been tuggeirea mat tne peopic nae in the year: 1776. . And ! not been weu intormea ana tnatunciue rnduire-who were the authors means "have .-teen uiea to gue-riie jq XT..L 1 V.l.o . I inn lit ix a nrt th.,n I i T I llm . 1 : 1 ). 1111. w. r mm M m v. V . M & i m 1 A . ' to hefit.ite before we venture tq overturn r.hr work of fuch men, who were at leait or this is a legal difcredpnarv rVwefiodd' in the hands of thofe men on all hands a. ' teed to Dmg'tu&exhit in myvpii ntoa fiodanker is tobe annt?.ST:,4- mtry wilh fora changein the fu- i the diltance of -66, o, 80, ioOj or-120 Jrorn. - ' - x - i-'Vr .;-antlia this opinion all men s- miles frqm4heir; homes, at an.'expenjce" If even it . could be proved b?.r?fn ! tome counties the bufinefs thereof Joej--knot. abibluteiy require the f pro vi (ions of . tne Din oji your tabje,;they are-but fe v by far the greater number of counties requiring the fame, and many Imperipuf ly demanding it. No doubt can remain -r jriny rational w:cllin?d who has paid the Tmalleft attention to the ' progrefs of population, Tommerc, a ruix weann, out win at once leethat tfjt timej. is near at hand that "a fyflcln, anj luch as the bifToa your table. Sir. cnA?Am- rford, and plates, will be Suitable and nerhjy to ' Tbea fpl-J every county cf NorthCarolina,.' . ; rho( defircs. Intereited men, from per fonal motive?, have made large and flat-" re'ring promifes, in order to procure fuf- I trages tor a tear in tne leginature. rie faid he would iorbear to reply to fuch in finuations; Cme thing hecouldnbrotnit ; Ij- urWtUfir on,i L-nfiW- c' nnrh nf whrch ,va?. that no man, however. erar maIurlci. isfwe dpi Theyjiid aot 'think, ptteat for charaQeor talents, ufuigTuch j Lincoln; without any redreft. more -rhaailhey.were able tp beapurfun- cer, and it Was or no tonlequence tp the fuitor, if expence inevitably ehfued, whe ther he paid his money tp a clerk or (fie ri if, a Iawyer-'l5f tavern-keeper, or into the trearufy of the iiate ; he felt, no difV Jererce. iaelthex-jclf oppreilbd and impoverifhed. But where was the juflnefs and equality propofed by the amendment ofxered ? " A.Diffrici Court is propofed td be held .at .Vijkes borodgh; -tc miles fronr Moiganton. leaving Buncombe, Rutherford, 'iHiiuii4CU.uy 1'lvlaW ' may chrofe, fcr the greater convenience HhceorIerthelrifept i i if l.r
The Raleigh Minerva (Raleigh, N.C.)
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Dec. 8, 1806, edition 1
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