Newspapers / The Tarborough Southerner (Tarboro, … / July 12, 1831, edition 1 / Page 2
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FOR THE FKEE PRESS. Mr. Howard: A report is in circulation that J. R. Lloyd, while ii riieniher in the Legis lature of North-Carolina, in the year 1321, voted to reduce the jurisdiction of .lusiiees of the Peace to $20 which report Mr. Lloyd requested me to say was one of ill tame, as he would show as soon as a copy of the original hill could be procured from Raleigh. A copy of the bill has been procured and cer tified by Mr. Manly, Clerk of the House of Commons of the State of North-Carolina. Mr. Lloyd, being absent and will j not in all probability return for; several weeks, I conceive it to be my duty to have the bill and certificate published. There fore you will please to publish'; the same in your paper. Yours, respectfully, BEN. BOYKIN. To preserve the right of Trial by Jury, in suits at common law where the value in controversy shall exceed twenty dollars. Whereas, by the Declaration of Rights of the Freemen of this State, it is declared that in all controversies at law respecting property, the an cient mode of Trial by Jury i-i one of the best securities of the rights of the people, and ouht to remain sacred and inviolable: And by the Constitu tion of the United Stales it is decla red, that in suits at common law j where me value in controversy shall exceed twenty dollars, the right of Trial by Jury shall be prestfrvid : Be it therefore enacted by the Gc- neral Assembly of the State of North Carolina, and it is herebu , J, J 7... Jt. -MI cnuuica uy ine auinorin of Uie i same That any defendant dissatisfied with the judgment rendered hy a Jus tice of the Peaxe, where such judg ment exceeds llwenty dollars, may appeal to the Court of Pleas and Quar ter Sessions wi'hdut srivinir anv secu rity; such appeal being subject in all i oiner particulars to the rules for ob taining and prosecuting appeals pre scribed by law. Provided, that no thing herein contained shall prevent defendants in warrants from a Justice of the Peace being held to bail, where the plaintiff may so require, as by law plaintiffs are now authorized to re quire. Raleigh, 2d July, 1S31. The foregoing is a true copy from the original bill reported to the House of Commons by Mr. Stanly, in 1S21 and postponed indefinitely on its second reading, Dec. 15th, 1S21. CHAS. MANLY, Clk. II C. It will be readily perceived by reading of the bill, that its purport was not to diminish the jurisdiction of the Justices of the 1'eace, but to retain the right of Trial bv Jurv to the defendant, without requiring of Jinn security tor the appeal. Nothing therein prevents the defendant being held to bail for his personal appearance, if required by the plaintiff, as heretofore. B. 13 July 5, 1831. TO THE FREEMEN Of the Third Congressional District. Fellow-citizens: My last address to you contained my views upon the unconstitution ality of the 25ih of Judiciary Act of 1789, together with my reasons for its importance and expediency...Doctor Hall has not attempted to shew the falla cy of any of these argnments, nor to deny the destructive con sequences ascribed to a simple repeal of this important part of our Judiciary law. 1 must pre sume, therefore, that he relies upon the prevailing force of his own argument and the substi tute which he offers...I will ex amine both as briefly as practi- cable, least I exhaust your pa tience. His capital error con sists in misunderstanding t litr meaning of the language that "the powers of the General Go vernment are plenary over the subjects committed to their care." The grant of a power to the General Government is not exclusive, utdess it be in compatible with the exercise of the same power by the States. An illustration will se. ve the purpose belter than a definition. No grant of power to Con gress is in more positive terms than tha right, "to lay and col lect taxes" yet the most vio lent enemy of State rights has never been guilty of the absur dity of denying to the States the exercise of the same power. Nor has its exercise been more uniform than the exercise of concurrent Jurisdiction in the Federal and State Courts. The Jurisdiction of our County Courts is separate and distinct from that of the Superior Courts; vet they have concurrent Juris diction in all civil and in many criminal matters. The Judici ary of North Carolina takes notice of the laws of England and New York, and is govern ed by the law of the country where the contract is made, so that they daily give 7 percent, interest on contracts made in New York, and sued on in our Courts. If a man owning per sonal property in this Stale, is resilient in Virginia, and dies there, our Courts distribute J his property accordin 'T to the not laws of Virginia, and according to the laws of North Carolina. To say then that the State Courts have not Jurisdiction of matters arising under the laws of Con gress and the constitution, is a very rash alienation of State power, and by an unjust and unnecessary implication, which f r is the essential nrinrinh nf consolidation, and if carried in to effect would at once annihi late the power of the States. Let us now examine the Doc tor's substitute for the 25th section which he says, he would repeal and enact in its stead, the 2nd section of the 3d arti cle of the constitution, so that his law would read as follows: "And be it further enacted, That the Judicial power shall extend to all cases in law and equity, aiding und er this Constitution, the laws of the United Slates, and treaties made or which shall be made, under their au thority; to all cases a fled in 5 Ambas sadors, other public Ministers and Consuls; to all cases of Admiralty and Maratime Jurisdiction; to Con troversies to which the United States shall be a party; to Controversies be tween two or more States; between citizens of different States; between citizens of the same Slate, claim in"- lands under grants of different States; between a Stale or citizens thereof, and foreign States, citizens or sub jects. " The effect of this law, he says, would be to exclude the State Courts from taking cog nizance of any of the cases enu merated. Now "lot us see what Would bn lilt nnnrntinn ni'ounK a law thus understood nmL nn. forced. A poor Sailor would nave 10 apply to the Federal Courts to enforce the payment of his wages, for he could not warrant or sue in the State Courts; because his claim is governed by the laws of Con gress. A captain or ship ow ner could neither sue or be su ed in our State Courts for the same reason; if a Carolina tai lor should make a coat for a British consul, lie must seek his remedy in the Federal Court, in the event of a refusal to pay; if a captain of a vessel refuses to pay his pilotage, thej poor Pilot must go in search of a Federal Court; if a Carolina debtor delays payment to a Northern creditor or disputes the justice of his demand, be must be dragged into Federal Courts; if a Carolina creditor wishes to sue his Northern deb tor whom he finds in the State, or attach his properly here, up on information of his failure, he can no longer apply to the Clerk of bis own county or a Justice of the Peace, and sue nut his t)rooess in ten minutes; but he must go in pursuit of some officer of the Federal Courts. Indeed the citizens of North Carolina could not sue e each other in the Courts of the State upon any claim arising under a law of Congress, nor could they in the Federal Courts until the constitution . . I snail oe amended, except in tne one solitary instance enumera ted in the 2d section. Besides, the constitution of t lie U. States imposes certain restraints upon the State Leg islatures. Now if a State should pass a law in violation of any of these constitutional prohibitions, there would be presented the very singular ab surdity, according to Doctor Hall's reasoning, of a State passing a law of which their own Courts could not take cog nizance. And if Congress have a wish still further to ex i . i tend their control and influence over the States, thev have onlv tn ii)uhki n Summit v ronni. 11. .. - ' ring all notes, bills of exchange, and other written contracts to be on stamp paper and nearly the whole Jurisdiction of civil matters, would be swept from the States. And yet we nre told by the advocate of princi ples leading directly and irres- istably to these most injurious results that he is the friend of Stale rights, the enemy of con solidation. v eiiow-cmzcns, it was the bare possibility of such a state of things, that formed one of the principal reasons that the convention of North Carolina, in 1788, refused to adopt the constitution of the U. States Viewing the matter in the very light which Dr. Hall now advo cates, I will give you an extract from their proceedings; "The consequences, " say they "would be dreadful. It would bo ne pessary to appoint Judges to the Fed eral Supreme Court, and other inferi or departments, and Mich a number ol inferior Courts in every district and county, Willi a correspondent numbei ot ollicers; that it would create an im mense expense without any apparent necessity, which must operate to the distress ol tne inhabitants. The State Judiciaries will have verv little to tin It will be almost useless to keen thpm up. As all officers are to take an oath to support the General Government it will carry everv thine- hcCnrn H This will produce that consolidation through the United States which is apprehended." In order, therefore, to nrn vent the possibility 0f such evils, and to secure to the oiuies a concurrent jurisdic- tion in these mattnrs mi- 1 vent.,on was not content with relying upon the fmnnrnl ciple, "that what is not given iv, tuu yj. cuaies will be re tamed by the individual States.1 But they insisted upon an ex press guarantee to thnr pfn.nt which was afterwards provided 'n the 10th article of the A mendments of the constitution, which is in these words: "The powers not delegated to the United States in the Constitution, nor prohibited by it to the States, are re served to the States respectively, or to the people." . Notwithstanding these ruin- ous consequences were fore seen and guarded against, yet Dr. Hall would carry out his principle into practice, and if necessary, "institute a sub-district Court in the districts al ready existing,"' he must of ne cessity make more judges, offi cers. &c. This would be in deed a saving of the people's money. In ordinary cases, if any man professing to be a friend of State rights, should advance such a claim on the part of the General Government, wo should be driven to the necessity of distrusting his sincerity, or ot )resuminr that he did not und- rstand the effect of his princi- )Ies, and was in information ' . r. t I I more than torty years ueuitiu the constitutional history of his country. But Dr. Ilall, so far from sheltering himself under presumption of ignorance, ex prcssly lays claim to your con- tuience, trom "so long a por tion of his life spent in the pub lic service, with the whole force and power of his mind directed to the consideration and study of our institutions." To what conclusion then can we come! Simply to this that he and myself understand by Slate rights very difterent things: that while-I deprecate alike the principles and consequences of vesting so mightv ami absorb ing a power in the General Go vernment, he maintains its pro priety, and insists "it would be doing precisely what the con stitution requires and pre- 1 scribes." For what reason the Dr. thinks it necessary to correct 1 lie mistake as to his vote upon the bill to repeal the 25th sec tion, it is not easy to perceive. 1 am not disposed to quarrel a bout words; but whatever may have been the particular form in which the question was put, the inference 1 believe was almost universal, that those who voted as he did, were in favor of the bill to repeal: and surely those with regard to whom the infer ence was true, have no right to complain of misrepresentation. And in all his circulars he has insisted that the 25th section is unconstitutional, and bv his own argument he was "bound by his oath to vole for its repeal. Having heretofore discussed the merits of the Judiciary question, I have now offered to you my objections to the Doc tor's substitute, and if I am not greatly deceived, his reasons for his vote are worse if possi ble than the vote itself. Before 1 close these remarks, allow me to correct a misrep resentation which is industrU ously circulated against me, viz. that I am in favor of taxa tion for the purpose of internal improvement. So far from having any such wish or design, I would strenuously support a- uy muusure to reduce the pres- ent ral? of duties, but I insist P . u umi wniio Congress I continues to raise the money vuiunuu is entitled to her share, to be repaid for the purpose 01 improving her navi gation; so that if sen the duties directly, WG may - , vu,,,,ucu "y iaciiitatinT uie transportation of our pro- this way save to the maker of oavai stores at least ten cents on every barrel, and upon every other article in like proportion Upon staves the saving would be at least three dollars a thou sand. 3- R. LLOYD 30th June, 1831. TUESDAY, JULY 12, 183!.. CANDIDATES. For the 3d Congressional dislrhf Dr. Thos. II. Hall, Joseth R. Lloyd. Eq. Edgecombe County General sembly Senate. Gen. Louis D. Wilson. House of Commons. Mr. Hardy Flowers, Gray Little, Redding Pittman, William D. Hopkins. JJVVe understand that the con tributions from this place to the suf ferers at Fayettevil!e, amounted t0 $411 S175 of which were contribu ted in provisions. 4th ofJuly.mWfG had no regular celebration of this interesting day this place but the roaring of cannon at irregular intervals through the day, lui tiuj y ivuuwutu n? ai u wi;u ui 11 jrjj, portince and of our neglect. We are told that it was celebrated in a spirited manner at Leggett's, in this county; the particulars have not been received.' FOU THE FREE PRESS. Celebration of the Aih ofJu hj ai Williamston....TQ day- opened with the firing of can non. At 11 o clock the hells rung to give notice to the cili zens to meet at the Court Ilouse; and, at 12 o'clock, the Declaration of Independence was read by Dr. James B. Sladk... .after which, the tune of "Hail, Columbia!" was play ed by the Band, with minulo guns. An appropriate Oration, was then delivered by Thomas W. Watts, Esq. in an ablo and feeling manner. The members of the Linonian Soci ety then took up the historical debate, "Was Brutus juslifiabb in assassinating Caesar!" which was ably debated on both sides. At 2 o'clock th company re paired to the Roanoke Hotel, where they found an elegant dinner prepared for the occa sion. On motion, D. Y. 1ac ley, Esq. was appointed Presi dent of the Day, and Major James Shaw, Vice-President. After the cloth was removed and the regular toasts were druuk, the following volunteers were given: By the President. May the peo ple of this State and of the United States, see the necessity as well as the practicability of opening Nags-Head. By the Vice-President. May the spirit of Koscuisco nerve the arm of the gallant Poles, and lead ihcm on to glorious victory. By T. IV. Watts, Esq. Poland: often has her soil been moistened by the blood of her patriots, may it nvV prove the grave of her oppressors. By Major Jlsa Biggs. May always hail the banner of Free Trade and Sailors' Rights. By Cap t. K. Bawls. Education: in solitude a solace, and in society aa ornament. By IVilliam B. Bennett, The Linonian Society: the pride anir boast of our little village. the three greatest generals: feace' Plenty and Happiness. By Edwin S. Smithiokk, E$t Liberty: may her light like thato1 the sun pervade the whole earth. By Joseph Robertsony Esq. 5 Orator of the Day. By Henry Gray, Esq. The day we celebrate: may it ever witness our country as happy as to-day. By Dr. Slade. The falling house: an inefficient Steward had best seek a Hermitage. By IVilliam Biggs, Esq. To the American Fair: "When pain and anguish wring the bro' A ministering angel thou." The festivities of the day then ceased, and the company retired m great harmony.
The Tarborough Southerner (Tarboro, N.C.)
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July 12, 1831, edition 1
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