Newspapers / The Minerva. / Dec. 31, 1807, edition 1 / Page 1
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1 I V ijr-i 1 I Two 4a- iOt.rR . Air . iyMt 1J ''"', J PUBLISHED (weekly) BY WILLIAM BOYLAN. Vol. 12. RALEIGH, (AT. C.) THURSDAY, DECEMBER 31897. - . L Payable in fA$o -A AM 0b. 613, oi prophecy I will predict the consequences cu far measure sometimes a fane is imposed was no want of business in tl;m. Thi to. In place of our late and present simple and by one set of justices, & another set are bro't is the first yeaf of their exigence avd busi unexpensive system we shall have a complex upon the Bench to remit it and In air prose- ness will no doubt accumulate j "If ft dfdnot, Hiiu.cosuy one imposed upon us. y c snan oc cuuons ior oiaie oneness, particularly inose nc iaia uiey nag nis iree consent 19 comolu overwhelmed by an army of judges which if of assault and battery, there is always too date the business of tvvy thrce 'or fonp not pfmid night oroducewiHbe no betterifsfto-much lenity shown to the offenders to repress courts, thrwehout thd itate.r-4 " ken into existence under a noon day sun. Op- them. In the superior courts, where the law We are told that though a'persoA rriay be pressive Matt acmalaturc. DEBATE ON THE JUDICIARY . . -Li'-' ' ' ';::;- The bill to amend the Judiciary Laws being Ciider consideration, lfcftii considerable 'discus ':.v rnectini-amendments to the section . t. tn riv th snnerior and rnimfv f . . wuicn .wcmv..w. r-"---u tstiraeto .courts concurrent jurisoicuon, uocior Jones moved to same iiuuiuB... bc wise tQ measure 6ome of 0up ste s 5ack a. courts Wcre , . Col. Poner said,, as he conceivec the prtm- .ft small as muchM)eUer R1 .sion so just and-proper, , hfe did not expect to faa5 been but CV advancc for. Anolher oW hv$fW Tn, ! .7" , wards in innovation will produce an increase of said he had not expected to hear made, to giv- fee counsel itv both 'courts, as' both talent quurterhuUtnce the motion haci oeerr mace, dia-cuhy and expence. . ing the superior courts a concurrent jurisdid clahu the prbstcution. ' This might it a Jrt .tie hooed trrccentlefoi'n would not sutler tne AnntKi. Ko it t- Mittnn.' ;m w it nitiVnAtnf an. to. wimwrtnii.. Kn ; k j.u .i l fote woe W-"". V the sectioji, wouldbe a clashing of jurisdiction, peal ijiiiusc nis reasons .o , "'- Dr. J. said he was not much velsed in the stated as a Grievance, that a party couldnot n rrinciirrenr ninsoiciion DeiiiL'- p'lven. .. - . . r . . . " .;..--. . r- oiisiu" . t o a expences win and must attend tnem. wouia oe anmtaistereu oy a man jeametiin it iwice prosecuiea ne neea not be tw ite c6h- sto;j, to look back tinon the enects r-wtaere all sentences would be, steauilv car- victefl. HuS is very true. But is it hot a year's chanere. It would probably ned iritcKeffcct, the important ends for which grievance that a person shuld be thus har- ..- 1 J 1 .... L instituted wouiact?rtamiy oe rasseu, anu it is prooabie that tne trouble is answered. -K. not theonly evil : it must' also be fit tender! has been proposed; but every advance for- Another objection and one which MrvG. with expence ; he W'ild probaMy. lh o He Said he had" never before heard it thers. " He had been entertained by the observati- D,.. Jones said neUia not expect to be call- . . . . , . : k -e lh5 wake seems' dsiratis to nut the nariles at vinced and he believed - no" tnemhw of ik eaoitwj ma .v.. ' , Z. t, inconvenience Suppose said he, a man is issue upon a race, which should not only try house lua been convinced that the. evils he prepared tor discussion even it nc naa a- proseculed fOPran a-Manu and battevy in the their speed but also their - bottom, where a apprehended from retaining- the section bUity to xtafc the subject justice wmcn ' "eUaou.jty courtanc! as one court is not obliged cause would be decided not by its justice but would not ensue. It was a plain simple con pot pretend to have, and that it wa by the length of the litigants pursei The Victibn of the undemanding, that an expenr perceived, all tfte law It only good reason for an appeal ever being sive and burthensome jodiciary must be the jypttse rangtmhe-opposite side ot tne ques ;WM lme he would not.be convicted in Iwth, ,had, was that justice had not been done in conscquebce a 'Consequence ' that no elo- lion, whoenly wrequhlihea to point out luj- for tiie onyhicn start.d first in . ihe the court beloW. But If we have ah able quence could divert the belief from, nor so- h the" effect such a measure would produce. wpuid soonest arrive at the goal. But though court to decide a cause once, there could be phistry conceal; The measure of a concur; put smce no peiM 5c . .cu ..,tg he ht t b t convicted goal. But though court to deckle a cause once, there could be phistry conceal; Meted, the circum- no necessity for its being tried again. Be- rent' jurisdiction if v lewed by itself, appeared Vilv "5 - X 11 h stance ot being twice prosecuted would be nb sides.it is not clear that it is now legal to ad- inning, dm us etiectswil! be important : and edon, he would entfcavor as well; as he was a- inconsjderabic grieVancej he would be com- mitof appeals from the county courts in cases if said he, gentlemen beliefe with m& that i( blc, w slate his objections to the section pjed to attend two courts, to plead twice and or Petit Larceny or other state prosecutions, annihilates tuir preisent cbdnty courtTl that lie felt a firm conviction ol its bad tendency, r tp u w;, u ua' i..r. si.ion if . nmtSa. it win Hin r:i our rir,n . tUi u ,;n ijiyijviir iu ivi vriiiiati, 11 ii nasi ti nun uwvu oviwjm viv vi.i umh- iv ituj iivcu bo pnd though he mignt not ue Die luny to con. ., , XhcM 8aid Dr. j. are the principal reasons id, and he believed the law and the' opinions "P us a system that even the advocates of jnunicate his- impressions to the liouse he which he reflection of the moment had sug- of the Judges were against it. the section declare to be improper,- that it gested to him, for wishing to , expunge the He did not know that the rushing this will impose an expensive judiciary upon us asonssesjwuiaeDieaoner .for vot:nff affa;nst hc TOiirht be mislaken-That would kuntUa the opinion whicJiJsvas- SUiaigletliejiilanlHercuks in. it ItjeetiecroiaconcuriemjurisQicuonwouiu jn the evits he feared would result from retain- entertained of their utility Ii'itwas thought The hiotion to expunge Was rejected by a sonie genileraen inteiitiun, but oth -county courts. It was true iog jt anj if jt was retained he sincerely hop-' best to originate business in thtm they woiild majority of 12. tfiTvl ?t0"" n V ed he "light be mistaken. He acknowledged be preselVed. If they were without confi- , ', i r itvi hadyowed i,t. Hut. let that jurisprudence was a subject of which he deuce and were deserted, they would"piobably , . ll , the mutivci bc what they will4he effect will be the same. It will destroy thehvn an indi rtct manner by undermining them. They at r,eady totter to their bas'e, and if this sectio ..t,:.,j ,:it ' 1,1.. cu u.u.,... CJiaiiicu, uic win mcviiouij lull. iviiias, said Dr. J. i shall be told that this is an event was not well qualified to judge ; but his situa- fall. tion required him to vote and he should.be It has also been said that a. concurrent jiV guided by his best judgment. ,, His predilicti- lisdictioh would produce a clashing of busN on in favor of bur courts had in a in'eat mea- ness. ahd that as one court wafs uot obliged to arisen from a comparison with the courts know what the other court did--a person ral states with which he was acquainted, might be pioseciited m both lor the same ol ON, fiY pIE KIKG. AjJ&OCLAMATlONi 1 Por repiltfng- and prdubiting Sccmun from aefa ing Foreign Princes and Staic. - GEORGE R. Whereas it hath been re- eat numbers of aia- ou r natural born sub- ncvouiiu I o oc wikiicu ior. i ts, mis is ine an- ....l :J i .-f "u - .u. r. t- t n ,..oC rf ui:..i page which some gentlemen hold, and I ex- there was n(win which justice was admi- to know the business of the other, but the pcct isthe secrejwishor party prosecuted in both would discover it, jnly avow their sentiments. I do not im- so ....... exDence to" clients and to the nubile, and bv nroducinir from one court the record ptach their motives, they are no doubt pure; And with a jowiedge ofhese facts he felt of his prosecutions it would dischargejiirh in presented to us, thatgii Ihey may look down with contempt upn ouri more than 5uspicion that any Chance contem- the other, and no evils would ensue. nnes and sea faring men, lest yeomanry on tne bencn, who are not . plated would not be an improvement. Let us, Mr. G, said he had nogone through all jects, have been enticed to enter into the srjw skilkd in the law : But though these courts said he, at least proceed with cautionSOur the objections maJe taihesection by the gen- vice of Toreign States, and are now actually; are not perfect they are very good ones not- new :udiciary 8y9tem ;s nol yet fairly in opWtkman from WaeVand he trusted ihe house rving as well on !oard the ships of war be- withstanding: and besides, the services of. rirmmdanr,. n,,ii,K t : .vn ,lktifiri feM rnnmr him in llievins- that it was longing to the. said foreign-states, as on board t JBa5iSH?l slatenothmg. Adimdmuch1,atftrded busint;t;8 in them, and4anot-enaiit with the. mUchkfs which had Jhe,merc!iant.ysUs belonging, to. their. sub: mitung then ithat these courts are not he best none coud it be saitl to be yet in a regular beetfre&ebteil as being -inherent in it, jects, notwithstanding bur- former Proclaim. that can.be devised, are we to hope for any challhej i us ajt another year and seeSutthat it wassalutary and. proper, mid as tion recalling them, contrary to duty and all tbmg better r Let us take a view ol tbexonse- the effect of one alteration before we makfan. siich.he hoped itvyould bev detained in the gmnce. which our said subjects owe. unto ni, quences that-wil follow an abolition at them. . other; and letusnot in this hastvnunptx- bill. . aiul to the jrreat disservice of their nati- In the first place you may calculate that meditatcd manner sacrifice crWl old court Mr. W. W. Jones arTdXol. Porter also country ; we have therefore thought it nects Courts of spoke against striking out. sary at the present moment, when or king- d IB the old districts, and that the present su- Mr Gaston saidhe had listened to the gen- Dr. Jones said, he felt with increased force loai is menaced and endangered, and when pmor courts will be degraded to the situation tkman withndch attention, & his obscrvati- the disadvantage of stahdiiiglone in thisthe maritime rigHis, on which its power and ot your county courts as they stand at present ons servednohow-tiBWTiir- ingenious mind discussion, when he found Law stated, VfTtatness do 'mainly, depend,, are disputed and -.Jo courts of original jurisdiction. It is true d olausible obiections to a measure of the nractice of the courts delineated whichl' question, to publish by And with the a b,n tor eight courts ot errors andapneals Dlainest mtv. for such he should be able his knowledge of either did not e .able him a of our Privy Council, this our Royal ' That ivafl KAimlf 1 1 hne han ro 1 1 ,. ' . tveta wi vuiliii in ima ui.vil iwillliu tut. tn rnnvinrp. th hnini? wniild he the eH'ect in rontrovert or disnrove. but as he had enter Prcjclainatjon U. 1 . "11 ! 1 a. ' 1 . f .v uJtv mn uv .uai u, of that section, upon which itMfas attempted ed as a oliinteer m the discussion, Ije Would We do heteby stnctlv charge and corn- lie taken to procure a neccsisityernheni. rhe ti) excite 8UCh' fearful apprehansions. not shrink from his post, but would defend it mand all mas"temf ships, pilots,- mai mers, section in question it retametTwill do ranch to- AmoRff- an the objections that could be rais- as well as he was able ; though he was -coh.fi- ship-wrights, and othevjiea faring men, being' f rail-inn r Atll1fiPulf coZ SSsS Ut hemcmbd t; 'eCt n his mind' d t,K 5l WOl,,d PCr ot know how to reconcile the .en com necessary, and let it be remembered that 1T,npntiv nnon ... nllr mvsfnt rhuntv sb-. . ,i- r. x.......... uarv irinllniBf' m)nNu. rtntif' Si-. r..,n.. f -- " j".--- . -- IIHICUI.' HIIILII , lllb ttlHH.LII.lll 11U11I .A1CIJtllI v.r . " v. . v .. . , 1 nerior court svstem, a svstem towards which i,,i ; Djects, wno may enticed into ihe pay or service of any foreign state, or do serve in any foreign strip or ves sel, that, forthwith! they' and every of ernt do (according to their bounden duty and ai giance, and in consideration that their native. this hill wrptKwvi r ,,,,,.r C1IU1 lou'1 o ojjicii. iUniuu. nac just now expressed, -relative to appeal! r,!?IeTSh0.,n. V0U f he felt the strongest dislike. Butsince.it was ttitl wIiat he had understood .o he hionini !trP?.e,ltm to i"h Rill-for VtWkhinr country hath ned of their services,) ith -nMJ urT';, War ,?raPf 6lI-P' desirous of seeing it improved and 'rendered' ctmrts of errors and anneals, which the Senate draw themselves, and depart front and quit "jiv iuuv.il ui iiic tvws oi i isrrirr ronrra . - . -it . . . - Wof.-the cheapness of the nrelent svstem. reMa r?9 ? had yesterday m the usual BuHvhat are wl i!i??o Sr!S tenoncyhe was In favour of retaining this Nor Caud lhe opinions . . . .- section."-., . - unite in favour of the sect " QriSV- Atesehrthebslness'of th.t to-fall in. with, eitbiron the high seas, 'or in , vLk.1 1?? vPrv , nenuallv dividrcl. In the count court 'of the' county courts, (Mr. G. and" Col. P. aby rivers, waters,., havens, roads ports, or II". u"". presenL couniy - - t" . ' , ,i .1,,1 n.cM,,!; Places whatsoever or wheresoever. . Ui VldlCH liiCIw -HCl V lli-iaot Willi J wiim niiviv mvivwiv tuvu vmuwiwhv n ,.u imivu . .. - manner, disposed of. such fo,'cin services, and do return home to,. ' I of gentlemen who their native country ; or do" enter on bpard j l1"! tion, be reconciled such f our ships .of yar as they may r nance J I M o-ipf ovnon. fn .u.. tl. me easiem Dan sent suoerior courts aw Kv ur ;;,via K acquainted, there' was the sarne or nearly "tne peals, aiid to throw out of view every -thing of war," to stop and make stay of. all and every1 all complain the duties are insubDortable two same disproportion. The gentleman from Ashe, that has been said to lead the mind astray isuch perRon or persons (!eing our natural .rilL least -will sooner or Iaterbe added in a formt djscUssion on amendment from the subject, thehofelS reduced to this born subjects) as shall endeavour to 'transport ; - Ve shall have six more to hold the courts of nas.said tne-same mequaiuy- exists on-ine-auigie qucwuij. piwi.4HULpivacia.supenwcrciiier: uiciiicvcui,m iwuuc uumy trrof's and appeal and bv and bv when 'we -WestcrnTcounties. A Sh'alk-we not then adopt aCoufs be courts of appeat, -or, shaEve degrade foteign state, cdnrrary,tp Hhe intent and com--have leamedciueh-wWts ; ilFtehd to eqUalTze te" busi them St place others over their hea.ls ?;For the mandof. this otir Royal-Proclamation, and to Rlf probably Wiaden Vitk 'a suoreme court ness. jVoUrjudges are well paid fortheir ser-easons .already given, the former is to be seize, upon,. Jake; .and bring away all such and 0te or more chancery courts All this vie'eji,-bat. why. Send themmvelling'-''.OTer the .'preferred. ..: -M : -r:v . persons as afbresatd, who shall be Ibtind to b i'rSvill inevitably follow if we suffer ouwelveV to rcouhtiyrwithptitivinrg tnehTnpusirfess toper- , Itseeml we have a parcel otuSeless courts employed or serying be tamely led oni step by step in this manner, form. At present they visited, court-houses handv-with judges under pay, and that we .h,P or v.e!sel , 85 ; aforesaid-;:f;but- we do Lately We were told ve were Koinff to have a to answer no other valuable purposa than that-milst seek 0llt: business -for them. Perhaps st iCtly enjoin .all such our captamsA roasters '.chcap system. This was bait for eulls to f rnaking. themselves better acquainted with thv judges': are.noMhe persons who feel the and others that .lic7 :do P"m!; Po;m5n .1. -R.' ratch1 u .r....i.. .i:i the ireoeranhV of the country. : ... ::.rtntk wfowon T,U hrl -h.it from what on board such ships and vessels belongingZio .wallowed. Now we are no sooner blessed " E.very .man the. least cojsvefsant with the - he had heard stated the other day by a gen- the states at arouy withus forthepurpofto.. .r.r-.h-XTus-gemlthan " we are told it business of county courtsust have seen the tleman of the bar, that there was a great seizing Aipon, taking, . and brn.giiig away " i...i- i- . - , . - . - -- , . "-.' . r. icnr.c tm. ntnrmau . irvr wnn rn vrr-r a nn . uus pertcctiiiR.--;.NeenriHnd-.thexpence ibbincthat is ottencarriedpn. there-to answer many equity causes on- the docket, tne trial . : y a? gfhtlcmen " let us have a p-ood court svs- narticulaf rurnoseS. Several iustices are se- of asincrleone of which : would occupy the , .U'.m ccst w.hatlrwill' and without" theiipml . lecled. to go .upon the .Bench to effect a parti-.' whole term of a court, It wouldappear there ' '.'i-.V touna cost the ttaf nnlh,n, .(..,. w wa.cn, mcie jicis 01 his-imi mm T w.v .v.. v..v. .M.v.. . . r :- . r:V?l ' t'ceqnarterlywhereaTjvereno have them "CauW.on the appe'ararice Docket, while on that of the same subject, some must be in error ; Ahd, for the better execution of the pur- l I V replaced by colirtS eld seriii-annuallv en oftIle superior court of the sarhe county there and it is sufficient to prevent our acting at all poses of this our Royal Proclamationv we do ' ) 5 - cumbered withnever ending eouitv'suitsand wasonly eleven. In Hyde & all the.counties in until there is a unity of views 'and opinions, authorise and command all captains, masters ';h ..lield at a-eat exr.nr tn iKm e.i ' r,r the eastern part of the state with which he was All seem-tb favour a court of errorS-ancl ap- andJ others commabding our shipabr vessels II oid 'ily - demeatior the said ; captains cannot answer : and thai they do take especial -earti" 1 W
Dec. 31, 1807, edition 1
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