A
! J
i T7 '
i
s
X
"
V: 1 1 WIN'. - - V o.
M.V J
StauJrd" building. East side of
Fjyeuivillc Street.' . J j
on.
the
KFF-P
IT UEFORE THE PKOPLli.
i ! V l ; Tl X til AH 3'K N
TUB FIP-ST
ini'lLSliAY IN At'tiUST.
fie sure t vte " No Co vks
lox," ami
i . ,..-tt far tin -.UM I I.tOS
that iis
HI'" - ' " ! I
tJ.i. IWhUirtn.ry. ij".VN ..
i-.v :Mvnn i lriC trouble tq.oi.our X
t wriii their II.i.-Meuls f'.r
tt cwle purine of i-.utnIlin.ra- wli.miw-R-i-iiiK
the ic a' ollimi now held l.vj Ki-pul,h-
t -Mts Ml tlii. SvU t
I;." t:5cin;
tit- Kditorhd management
1 I w
,ri).; i.'.irf-r. as I
I do tiwlayij l nave
- . . . Il A. 1
... t,. -iilil to the inirouuc-
ll'JIIIII' , ntiv ,
torv arlicle which apiwred lh' ,Irst
nuiiiU-r of the AV.r. My opinions and
.,,ns are therein well express!.
f inriHtlv dt1r. to maintain
friend
K fraternal 'and Wii
relations with
all, my politic-al opiM.nents cspeeial
Iv -with mv brethren of the prc-ss
Kottwor wldeaiart wo may bo
in
ml such shall be ! the
case
if alistinence on my 'part ,from un-nec-cssjiry
personalities -an achieve
uch a wisli. ' 1 cfmnot pnmisetherea
ders o( this paper much variety of mat
te r until after the Convention) election.
The proper division of that gn-at -.quo-lion
U a tiling of vast moment to the
ih iiph-ftf tLN Statoandit will therefor-
irrro-s an my enori ami iv
-.unliable -pa v of the kt until after
tin- August. Alliwl- "to no" clique or
fMctioii'in the Republican iarty hav-
.1' i . ...I II t lll I
in' im grief or animosities to rctircsn
orgndily, 1 shall -ndcavr to dull I
jus i iy o.v i-ur . -
Hitd work diligently In my ne ocu-
tioiT forthe yromoium oi men,
but
for
of
t'f.'' iidvaiM'inent and
axvndeiicy
n-.il principles.
I.
Mawts-Kkwix.
Ok all prides, s.iys Wendell Phillips,
t!..-l.oilt is tlnenuty ami baseless
:rnr.iiur of a llcpublicsni.
Aristocnit.
1 r tliert- is ilisaffectiou' in j the ranks
of tin Republican Party anywhere, on
recount of -personal feuds and personal
.. - il 41., !.. if t'iplll.
i
n'Vaueis,oiiewniiainiiifi,j- j
hit mviu ileil ami ended.' .The
lit i.i:l.li an Party can not ai:rd to sac- ,
rilb-1 ir siilwrdinate its principu
ij.IiVv. to irr.itify then-iitni nt-
and
f in-
vidual.- or cliqm s. In sm h rases, In.th
l-irtle-'an- usr.jdiy more r jess in the
w iou '. lii t aeii accept, tliat view of
t i..oi-itt-r from an im!jirtial outsider.
Compfomis. their. litT rciiccs;
hand-, forget the past aiul g
thir, Convention light to win.
shake
ii into
two cunties to h?vy sie-
$'?1.200.
w. ie lKisscd .authorising a
pivial,tax-forsixciunU,sfrof limit.
Nine acts were p:uxcd for authorising
nine ,.u::tie to isue $1"n.o(i0 of Bonds
...it t i
t i pa;.
Th
t reii! '
Ikv'imI tax Jura smkinruinl aiul
ii:ierr-t.' . -
e thirty six sjn-iiil acts will in
the o!Uly taxes in twenty two
con. it e
of the State at - least $:aMMKM
andall of It willgiintotheh:uidsof note
: haven arid sculators who will buy
up tlie county
Bonds for a song.
ECONOMY.
The Cons.rvative Iiegislatuie'of
last
the
.viitler iriid a Yank ' llAjwirter
mi of fwtr thoutand Hirer hundred andt
St
nti'thrr.' dollars and thirty cent,
for fortvfour davs work: retorting tlu
i,.o-, l.ineiit Trial, lust' a fraclioii
over s.imly-.dnc dollar r day. AVhadi
kZ ti d tax of
tl the tax pavers of North Carol i nt , State, f
ihink of the Conservative pflitician: j County exienditurein the County of
who want to ctill a Convention because i ltowan, $8,9C4. ,
t hey say taxes an- so high that the pec County expenditure in ltowan Court
tliein nnil vi t ncklesslt ty now according totlie Kramin'er' flg-
s. Hinder thV public money on lxirtl
lavorite. I
Fori: TiiorsAXP thukk iiundukp jBut it is alleged that Granville Coun
axi skvkxtv-tui-.kk nin.f.Ans ani j ty paid last year, 10,ono for County
l i:rv-Korr. knts fokJ nni r Y-Foun taxi's. Well, that County paid in 18W,
pays wouk:
1 1
taxes were
No-, wonder that ourj
great I v incread by the
and that they will be.
J.c'islature,
higher next
year than ever. Tliat such is and will
iiaihe c-.isv is the fault of the Conserv
atives who luid a two-thircN majority
in t.'urScnate, and a majority of thirty
six in the House. j ;
- - . i;-ilhetrtdrl ol '
t he Republican -State Kxrcutivc Com
mittee and undertakes to answer its ar
guiiiciits ami' li.nclusioiis by railing at
Sir. rhilliis calling him a Scalawag,
and assigning unworthy motives to
him, and charging him' with changing
his position on thequestion of the pow
er of a majority of the Legislature to
submit, the call of a Convention to a
I popular vote How does it matter if
Mr. Phillip has changed? The ad-'dro-M
is the platform, and argument in
U half of the platform,1 of the Republic
i-.in luirty, decided upon and promulga
ted as the deliberate vjewof the Party,
iiMn the great question now before the
people and without any reference to the
former pilion of Mr. Phillips or of
any. other Republican.; The Kepubli-
s can Party is much indebted to Mr.
lMiilliiis for the cimsumniate ability
Avith which he has unbodied and pre-
sented their doctrine in this address :
audits overwhelming effect is ialpable
ben nothing more can be said airainst
it than that unon some of the topiiM
iliscussed its author thought otherwise
twelve years ago; j, r
- -
WHAT FIBS FIGURES SOMETIMES TELL.
The aggregate amount of jthe State
taxes forthe fiscal yen rending Sept.
ISM, was $Gl;,7itt.lG. j The aggregate
amount of county taxes for county ex
enditures was J5(;i,83&2-, making the
whole amount of , State anil county J
taxes 1 ,2C1 ,rfx;.44. There were at that
time eighty-six counties in the State;
r that the average, quota to each,
county for county exjtenses was $fi,.007i
Some counties of course. were largely in
excess of this some below it. This
heavy tax was imposed by magistrates
over whom the people ihatl no control,
and who could tax them at will.
Yet, comparing the (old system of
county taxation and expenditure with
the present, the Salisbury Kraminer
has the audacity to declare that the
present system of county government
costs the people of the State $180,000
more than th old, and that the aver
age annual county expenditure of the
county of Rowan " under the old sys
tem was aliout thirteen hu hd ml dol
lars (II, H00.) These mistatements are
sedately and delilierately made, for that
journal, to give credit to its averments
says: " We hare taken pain to invert 7
gate the mailer j j
To which statements we reply : That
according 'to the Comptroller's report
for the fiscal year ending Sept. 30th,
1SC0, the county of Rowan ira taxed
for count expense., by an irresponsible
life tenure County Court, $8, 1.17, in-
stead of $l,i0,asallleged by the Mjram
I ner. That of this sum $G,000 went
moinir to ilfrav the expenses of the
iiiuiiiy ' t
i old Count v Courts which Gov. Grahun
: r. f
recommended in l4i aim again in
wW sloui(i H alHUhl, but which
j y n()W WlUli ,-toml.
A m.r,. mistake; In estimating
tlIIIOUI,t of tax iwiid for imrticular
u hl one'sown county, of so large
a HUin as 7 imhi, wouia seem 10 ix; sum
discredit all the IKriunUilr
fiiMiM. and to bring the inventor of
such nretended statistics into ridicule
and contempt even with liis financial
brethren of the Conservative stripe.
Rut we think it worth while to exiose
some other uninmlonable errors into
which that journal attempts to lead the
imsusitccting and uninforimtl public
; by a formidable array of figures. -
! Where does that paiT rind authority
I fr the nvkles assertion that the nec-
i t-ssary onlinar expenses of the State
! government, under the present system.
i KKKOOti inon? than it was under the
old, at-the commencement of the war?
How can it dare to insult an intelligent
fomiitiuiitv bv the ireiKstcrmis, wild
andcrazv assertion that, 4t The people
m rohlMl everv vear: of ; the sum of
- ' ' w " s j
seven hundred and fifty-live thousand
f ilolhirs to oa v useless otlicials ? After
j - - - l T
taking pains to investigate the mat
ter in Rowan I'ounty tuui missing ue
amount of county exiiitliiures in that
counlY-l'pP the war ' by ; so much a.
- i " i J
4 ;. a. ll .-v n tUllli oil v uirii; m"(x IT-f
i .
hit ur4irculafi0)r Tfie'J&CLNtiitir says, that
tlie cost ofij the county
ltowan how is 7,000.
4. .
government in
We have seen
that in ls4J0 it was S,0Ct-fa tlifferenci
in favor of the pnsent system over the
old of l,!Mtf. M
ltowan is alove the average in
the way of taxes for the. whole State.
Nintety counties, at S7,00 a 'county,
would make the aggregate of county
eienditure in the J State .$.Vrf),iNM
against $."; 1,833 exiendel for thestime
luriMs4 in 18(R) si that w' have the
difference, according to these figures, of
$4,k sand for j the whole State upon
the "present plan of county government,
instc-ad of the- extra j exienditure of
$180,000 as the fMMc asserts. The
general nvult then stands thus:
t'ountv'pxnenditurp for the whol
M ft t m a .... wr4t .
f . m
Mate in i.smi, iU4,n.i.i
Count v expenuiturei
for the whole
State upon tho Kraminer's average of
hr7,W to the county, $.1,000.
Havwl by the new plan in the whole
urw. 7,000. Excess savetl by the p res
ent plan, $1,904.
! for the same purjiose, $8,;i.37. So that
j the case is, that under the present sys-
tern Granville pays Elmore than in
18G, and Rowan pays $1,X1 less.
But it is as unfair to insist uioii.the
case of Granville as an illustration of
the defects of the present system as it
would be for us to insist upon the-ex-'
: ample of Yancey in! 18C0. where the
County tux watieany ifonniQTiMilig.
tax for that vear ling $1,071 C4 and tho
County tax $3,)S .rl 4
Thk trouble with tle lladur party of
North Carolina is that all it lenders- of na
tive orim were every mother's son of them
trained up in tho mcIum) of lloldeiu-- War-i-rnton
iiaiftte. j ( ; !
The most conspicuous instances of
Gov. Holden's training are the leaders
of the present Conservative party.
They organized that party during the
war with him and under his direction
to break dotm the Confederate Govern'
ment. His influence and Ma alone
had them promoted to high Offices, guch
as Governor, and members of Congress,
Judges Ac, and on j the first opportu
nity they deserted him and have con
tinued to abuse him ever since. After
the war, Gov. Ilohlen followed tlie
path which tlie principles he advo--cated,
during the j war, pointed out
to him as right. ! "The others, now
leaders of the Conservative party. tw
' cause they were not paid for their ne-
' 'groes turned uioii their lenef;ietor,
ami liavesince pursueil hni
with a
vengeance which it seems
" i 1
cannot be
appeased.
THS-IRIZE THEV . SEEK-THE, PEOFLETS
? 1 . DANGER, j:
All lulled reforms in the Constitu
tion can le matle liy legislative enact
ment as well as by calling a doubtful
and dangerous Convention. v j
Thc( legislative plan is cheap and the
Convention plan expensive. , L"
By the legislative plan, when ; tne
General Assembly meets in November,
an actican 4e ikissihI to alter the Consti
tution in. all particulars which it is
claimed neetl amendment, ; publication
thereof made six months before the
Auguit election 1872, the Governor tan
call the' new Legislature j together in
September 1872, the alterations agreetl
r . . . j' if
to during that month ana tire quesxiou
voteil unon bv the ueonle I within
two
, j .
months thereafter.
In this way all that anjT
part of . the
people complain of in the ' Constitution
can be in a very short time submitted
to them if they desire it to.be reformed.
I But-this plan does not suit the ambi
tious Conservative lawyers, , for they
are hungry for the judicial and other
offices in the State. They j can only -get
the nresent incumbents oiif and them-
iselves-ai ' . through a Convention.
For
4ik
this purpose they are willing
to
the toeace of the State, by
callingi an
Unconstitutional and revolutionary i?au
cus as it is termed by the great Chief
Justice Ituffin. j j
4 And they are so, seifish that they i
goingto turn out the present Supreme
CbHrf jand put in a Conservative hu
preme Court when they know that the
new cdurt will overrule Hill vs. Kevxler
: .1 . . . Mi .... r 1
and taereoy turn loose upon ine nomo
steadj tlie thousands of judgments kliat
are oily restrained by this decision.
They;are "content to commit ..'sucli an
unpaixlonable injury to the poor Ilonie
steiidjiicn only that they jnwy get of
fice, tp siurilicv thousands of families
and drive them into penury and want
f ii orter that they may draw the sala
ries ik seventeen Judtresi! and twelve
Solicitors.
: Tiik Justice raid signified the inten
tion tf a powerful secret), oath-hound
society, aided by a great iolitical party
North and south, to " yet into" power
and office, or destroy the .existing go v
ermnent, by tin unwarranted and. ille
gal invasion of the liberty of the cit-
.izen. j
: Bv Insulting tlie dignity and privi
ltMre of the .General SAssembViu: tin
)crsop of
memters.
one oi us most resiKvwiiie -
j t i.. in..
t . I
s By insulting, degrading and defying
tlie Jndu iarv of the State in sear
hing
for Judge Logan to take his.life.
ttv viiooressimr fre sihWIi punish
ing al worthy citizen for the exercise
thereof, in the night time, clotlicnl in
hidtKis disguises, brutally invading
the privacy of his IkxI chamUr, and in
the 'presence of his wife and little ones,
beating and dragging - liim senseless
hey declared to his
I horrl iitVl &i m ily. .
wupprmilirg tlie freedom of the prtsss,
the greatest bulwark of liberty; by
destroying a newspajier
office on ac
count, of its political principles.
These are the dangerous elements
inaniiV'st in this last bruta
anil coivard-
ly act of the Conservative Kukhix of
North Carol inai-and thei
le-aliig pa-
imi"s! fequivcat( alwuit it
excus4 it in
ii : measure, or utU'iopi to usereiu ine
truth'orthe story altogether, anilkiik
of Mr! : Justice and his sufferings as if
their nly regret is that heidid not meet
the f:te of Stephens and Outlaw, j How
long shall this arrogant and malignant
E A A f L A 1.. .
spirit'; prevail here ?
the sulyects of j these
I low Ion" shall
outrages cry in
vain to the constituted
authorities for
redress? I low. long Ix'forc the party
"whose principles are thus attempted to
kho overthrown nnd made oiliousi shall
lave justice or revenge? :
How long lefore the men anir wo
men of eilucation and culture in the
State; who, if they do not approve do
lot condemn such transactions, will be
ookeil upon as no lter-than the kt-
tetrators of thise iiarK ueoiisT
V - ; ; ." "1
i
COV4
VANCE AND THK CONVENTION.
S I !
... !
I xv corrTjwimt-iii
writer:
from Charlotte
1 There is some enquiry wliy iov. Vanco
ijas not tiiken a more active part for Con
vention. Is he opposed to i$? . There is a
Huspieioii- that the main object of tlis Tas
tard tsxly, when -aIle1, will p Ixj to Muscat
tlie present Ijejri.-ilature, ami thereby ttmml
the elect ton 0 ; D. Vance. i.C'crtiiiit it is
Vaneo pe8 to Indiana, to orate, rathef than
to CuiK-oinlxs to speak for Convention.
I :'. : 1 KXQUIBWt."
H If f u 1 J ,.
I Khquircr's suspicions are probably
jtrrejft, and this accounts for the'posi-
tion Of Mr. James Merrimon and Mr.
Johnson, not to say anythingof Gen.
ritcvni;ciir2LiC of&vJUom 7kxv 4her
stump, that if a Conventim did bottl
ing else, it might alxriish the Ixegisia
ture. We kudw very wj?ll tha the
Clingmaii and jMerrimon yings ojf the
Conservative party are not favorable
to Gov. Vance J
LABOR AND HIGH. CASTE CONSERVATISM
WAGES OF THE WORKINGMAN AND THE
CONSERVATIVE ARISTOCRACyJ
- 1 r - i : i
;j A laboring man will 011 an average
earn per day 111 North Carolina say
fifty cents a day.
i The Conservative Legislature paid a
reporter hist winter ninety-nine dollars
a day to write down wliat was said and
doncj iu the trial of Gov. Holden.
For 'forty four days work at fifty
cents, a laboring man
twenty two tloltars.
would : receive
: ; For fort v four days work, the pet . of
the lst Consi'Tvatlve Iegislature, re
ceived four thousand three hundred and
sevent.i three dollars imd fort it four cents
and he a yankee at that.
' How loug can a. goose stand on one
foot? 1 Try it--thats the way the goose
lounuout.
J
TitK ptXUMgisiature madeno
general lavstof any importance at its
session last w inter. TJie attempts jit
TTiiule hoNve'er show the animus of. tne
Kimr eTiniild it eveftbe able to nerfeet
WUJ r. t I
"P'r.r ,A'.. 1-1.-' ;
evidentiyAuw w u-gisjaro iorine jayor-
ed few again: . t the r masses to sei up a J
priviiegea ium uguiust me greai oouy
of the people and to go back to the old
UI " 1 . . . - . i .
ostein wherein property nau superior
rf not exriuywj privileges over me i
La onrl musclftnf tbiStnt. ThnJIn I
f . 1 -. . , I - - 11 I
III 111' "v . J I
e.muv ia thUviw.fhvnmnnsw1
be ineligible to hold his office unless he
could aire a bond for one thousand dol-
-,.-prmnl abovftlipTTnmesteatl nntl
' i .. i. i
...in I urniMTiv PYmnminn inp
faithful execution of his office. With the
alxilition of the .Township this would
concentrate all the magistracy of every
CTtyintlaarewm
and lawers In the county towns
the country people would have
none.
fhr nrnnnelnor ciinli ari Ipv- I
I A 19 klllll. WA
that, it would
riraonuuarj aw. : a,wiai. "
drive the coiorwi -people out oi suen oi-
flees and that twhite men and j,whit
men alone c&nld
then fill
those posl- J
-- v ' i
But there, -.iq. ixpai aooui as
many poor white men in the btate as
there are poor colored men who would
be disabled from holding such plaeea.;
In forty mn.i, la-thp WV niriH
tenths of th white population would
be excluded t from office by such a law;
as was proposed at the last session of
a! party wliose leaders are now as they
alwavs havehcen,opiM)sed toextending
tiwJ orivileikK of he ivwrer'classes1
thcj pm liege, of he tiass,
wnetner wime or oiacjo ,wic:i;
rliey clamor for-the pld- Onistitutioa
and againsMhat of -180, 'which Gen.
Cliiitrman, wie of the latest converts to
this retngrade movement, proriouhped,'
a little more tlian tweU'e -months ago,
to ibe 4 fair -and "liberal instrument.
'he old system was unfair and grossly
illiberal to the jjeople ; who were not
rich, and it H to that system theyl who
Gep. Clingiuan denounced in March,1
1870. as a hiiterfeits. Wish now" to
return. , .
Wr: ai-b 'opinion, says the Carolina
Hi ole. (Coir. .Uhat While there may have
xi ' L ,rtft; f.iftarJ to A
i i vr4jririiTiii tiiut i i inn v it- v
aiA iiu v.-wionvunv, , r- ;
I . i!,. 1,11 3
couid-be another convention . hold in
unoiner couyci'mv11 ;j
wtitrvnt. it on called bv a two-
i " I
the General .vssempiy ny me reaciioii-; Q-judiciaf establishment and county
aryL revoliltionary Conservative party hrn-ernment. onraiiized and existing
1 - a v la . I n-Mi lrmn iii Limb -uiu v.vuoniuuvii
Except it 13 called by a two-: (prostitution -tekaheJiiemWof
.i T?1
A 1 1
Votllj
house f tlrtj General Assembly; J that
iwJniinnrfiVknf vast f worded le.fore
tliat the legislature, by a-, niajontyi
xvvtx. mio-ht Kiibmit the Droorietv of
lU Mill' ILl'IIIVfTULlUll M .- w v
the State to call it.
Tr thi,iinv Vj'nlex wilt examine
; . t , te cw "i ium " u ioiw.
with fairneihi doubts will be re
moved. xVs to what passed between
Mr.iGiles-and Mrl iMearcs, in regard
tof be nlteniiion of the phraseoloffv' of
Mr.lMcaros itmendnient, it amounts to
nothing, as is conclusively shown by
CohjCliarles. FisluT, in his speech in?
the 'Senate in ISo-l. Mr. . Mcares an
astute, aci onlisluii, keen deleter, and
parliamentaiy manager, readily as
sent! to the innocuous proposition of
fr. Gihs an inferior lawyer without
cap;icity for tlie ixnition he held be
cause it ammuded to nothing, and did
not vary the 'meaning of Mr. Meares
original proposition. That this was
Mr. Meares oninion of the effect of the
. .
change of phraseology to which he
m'Mfj nsntHl on Mr. Giles' request is
plain enough ffotii the subsequent de-
imte but is ronilereil certain by his re-;
mark at the tim, as he timk his seat.
"How easily some men are satisfied."
'THE OUTSIDE PARTY.
The Albany Argus copies witli com-
mendation from a lemocraticcolempo-
mrvin Raltimore the following? "Tlie
great blunder which the Xorthen De
niocracy makts is in setting up a plat
forni as a mark for its antagonist. The
outside party wants no platfonii. Its
policy is to get in. When it succeeds,
then it can shape its aim and purposes
to meet the necessities of the situation."
How apt and fitting are these expres
sions applied ttfthc Conservative party
in North Carolina. It "wants no plat
i form" and it has none.'
"The outside party" shall be i
henceforth. Who doubts that
tx ui
it win
"shape its aims and purposes to meet
the necessities jnne siiuaiiou . . .
3gbo dntp jfcSffijU loliey
II!Tl
get in" by any means even
Ilevolu-
tion. j ,. , I , ;
It lias no principles. It " uuits no
platform." "It's policy is to get in:"
Its yaiuis and purposes' ' arc concealed
and covered up. 'It is the admitted
slave bf the " necessities of: the situa
tion ;' iind therefore will be against the
IIonicstead,agaiiist the Mechanics Xien
Iaw, 111 favorof property qualifications,
unless1 the people keep it where they
Tjropose to do in Auerust next "out-
side."
The1 Democratic press refuses to wel
come Alex. Hi Stephens Into the walks
of journalism. Like their regard for
Jefferson Davis, they secretly -admire
him, but think his appearance at this
juncture unfortunate. They do not de
sire him to discuss abstract questions,
or to t scrutinize too closely what are
i principles of public iolicyr They are
afraid he will lurnisn ." capnai" ior uie
ltepublicans. This is an unfortunate
dilemma, and we pity Mr. Stephens
and his friends. -.PA u. fress.
"it.
A young ladyj being askeil by an
enthusiastic politician whicli party -she1
was most in fovor of, replied , that she
prererreu a weoaing pany..
m . J ' . Ii .
;t .,i oii'Anfiniv that nnon a lair! con Jefferson and those great men, ms
T "v '7 7irr i -vrtio VtTT ciples; who afterwards .Infused these
struction.of Section 1, xVrticIe, AJ11, iiJ,xloa xh .x Hnrl ormvins:
j I . x -
KXTltAOTS FROM
A SPEECH DELIVERED AT
' 1 FEBRUARY 11. X87I. I
! ' -- - . -t . .
Prtiiw Citizens:-! speak to yqu
.T oa rv,rnlinian. ;tironi a
subiect of great inter&st to North tro
una anu ner wnoiopypt: ui
and ? colors whethei rn
orirtvitori nitivns. T sTeak to vou, not
- - - :tv manfor a party plat
fornlj or a party; purpose,but in aeieiice
rirT rkldri of orovernment HOW Uil-
w ' . . - - ,
vi Hv I - 1 1 ' T
iustlvand-nnreasonablyafiletMi
jnns of American statesmen : of le
whose political specuiations-4ar in ad
vance oi ms lime riia.v? uwniwicBv
o n ,r i-oaiiKfxl and nhtin practice sin
-""j . i . .
our day than those of, any other iwliti-
cal writer or statesman oi ine ppt.
His opinions and the sound tioetrmes
whicb he advocated throughout a long
tl 1 tion, are now incorporatetl into the fun
ana 1 tlamental law of almost every one! of
he rreat communities comprising mis
nmrerfiil. and nrOSoerOUSnatiOll. -HurI
hack the imputation in th?
-:." " . r..f.:a 5c p!,ov1
the present Constitution is the
spawn of a rewlution and the vicious
effort of corrupt and .incompetent scal-
nwnsrs nna caTri-oajrers xo imixw no
m v 6rtli . Carols
n; it is no 6uei imng'It IsVsaeh''
Constitution as Tliomas l Jefferson t of
. virgimw taw w UUMV
.Sffn.S3ffi
pririeipal'particulars, wherein it differs
from the old Constitution of this State,
fmbodlmt of the ideas of needflil
under it, . which, were : often i proposed
ajid urged by the representative : men
of the old Whig and Democratic parties
before the war. , It especiaUy realizes
all the distinct and pronounced views
of the old Democratic party when that
party namerepreseniea great principles
and not mere organized opposition , to
the government. : ! . ?
'T Mr. Jefferson,1 in a letter 1 written' In
181G, in response to a request for art ox
itression of his views as to what chan
ges ought to be made in the then Con-
stitution oi V irginia which at piat,
time was pretty much what our Consti
tution was before theaaoption oij me
present one, sums up the whole i natter
i;t I ir.tifrll sillfTrjlu-O. .i ,
iii.-Rniial l-erircsentation iu the
.Legislature. 4 i:J ;vrv : -, ' .
3rd. All Kxecuti ve cnoseii oy
the
people.
I 4th. Judjres elective or
reniovnble.
5tli. Justices jurors,and
heriffselec-
tive.
fith. Ward divisions.
A 7th. Periodical amendment
to the
1.4 A9SX-..
t ixmstiiuiion.
more than a i pare
4 If
our Constitution to see how completely
I it. fulfils tho iolitical asnirations of-Mr.
UlSf4f
tl oc
vest. Tliev stand this i day the
i ruin of (jovernment of these States
Ktrf'teliin'in' imperial majesty I and
I .
from the banks of the - Ohio to
the goldeii hdres of the itvcie, an -ev
rSVjnii trtlm,,mf. to thhwlsdjai
tTnlrreaftlifa n wfuTnrst suggested them
and whose labors gave them practical
effect. . j
The reactionary party of North Car
olina; a party of very miscellaneous
sent i merits ; of i ncongruous j material ,
and unsettled purposes announced' in
an ofiicial form a few days ago over the
signature of one hundred anil fivejof its
most prominent represeuiaue im-,
the following: 1 I
'This Constitution has overturned
our ancient judicial system, jonee the
pride of the State, and has introduce t
iri its stead a novel one so full of fletor
mities that it has become a byword of
reproach and contemi)t. The old meth-
01I of practice and proceeding ' ih the
courts has oeen aoonsneu, ami ai cinie
of procedure substituted, so ill4digsted,
crude and contradictory in its provis
ions, that our highest tribunals comess
themselves unable fully to understand
it or to administer it,except by juilicial
legislation. The enforcement of rights
and the redress of wrongs have to be
sought by such tortuous and expensive
channels"that it is' oftener clieapbr to
submit to injustice than to seek a j rem
edy through the courts. The Coile bf
Proceilure cannot be repealed or Essen
tial lv changed by the Ijegislaturg; fr
either this or something like it is pre
scribed by the Constitution. AM Con
vention alone can rid us of fhi.- incubus
and nuisance. The number of Judicial
Districts is too great, entailing ;lnuch
useless expense. Many other features
of the present system are inconsistent
with' purity, efficiency, and cheapness
in the administration of justice, which
is one of the prime objects of all jgood
government. The people have, by ex
perience, been made so sensible of the
evils of this judicial system j that we
will not dwell longer upon the subject.
A reform is absolutely necessary tp pre
vent our judiciary from falling into
general contempt." j
With such a: solemn, deliberate olli-
niul rlloHrtii Trnntflircf frorh the.
highest authority competent to declare
I tfoe vievVrg intentions of a party, we
infer, necessarily : 1st. That the jparty
of wtioiiiiitCTidrtry,rdestrOy ' ; the judi-
cial i establlshmenproyidod Jjthe
present Constitution. " 2d. - Thatltliey
intend to set up in its place th old plan
of County Courts and Superior Cpurts
of law and Eiiuity, and to reducfc the
number of Judges in the State, flow
will all this subversion - and substitu
tion of systems promote the Welfare of
the people? How will it correspond
with the demand of tlie people of the
State made many years ago to bstablish
tin; prest'iit ? How does it agreejwith tho
views of many intelligent men of a for
mer generation who did not regard
" our ancient judicial system 'fa the
"pride of the State," but, on jthej con
trary, denounced it, and twenty yinirs
aro, nearly all of them being lawyer.-
fsim hsir w ith the evils asanist wm -n
Hvstem now sought to reviyiil ami
re-established by the reactionary party
had as it-s essential . feature, especially
distinguishing it from the xresenf , sys
tem, the election of Judges and Magis
trates by the Legislature, for life, with
no restrictions as to the number or ter
ritorial limits of the Magistrate's juris
diction, and no constitutional restraint
of their power to tax the people, j ;
On this subject the Western Address,
promulgated in . 1851 by gentlemen of
great ability in the Whig partyL among
the number the late John Gray Bynum,
rtlie author of it.. John A. Gilmer, J.
M. Leach. G. II. Haughton, IN;
W.
Wroodfin, and T. G. Walton, says i
....... ' .- 1. . i . . j
tbev inveighed divlareil that thei "ai:- County Court may hot Ik? with ad
cieiit yvstem" ought to Ik upset. That l vantage established, and tjiose Courts
legislature, as required by the Consti
tution. It cannot be disgULseciinai our
own T jpoiv iatnrihfls.in raftnv instances,
been the scene of intrigues jentirely at
"A
war with our ideas of the purity or the
iiench; and in which rit was shown
that neither character nor oualificat ions
were made the tests of fitness for office,
but simply party services. Legislatures
are small bodies, usually elected upon
political party grounds ; ana loo ire
quently at the sacrifice of the best in
fests of the people. L h i , K
"Under these circumstances many
fhelieve. that Uiepeoplew6uld43e-4he
safest depositories or this iower. ine
opportunity and facility for corruption
and intrigue exist ; and the people in
acting would not be ' influenced by
the fear of denunciation or punishr
ment of party men. . Thej jsystem has
been tried in many States of the "Union
and found to -operate so well, that it is
much to be doubted whether it will not
in time be adopted bV'all.'! ! I '
. 44 Others, too, think they ought to
hold office for a limited period, j There
is no other officer known to our laws,
hut who is limited to a short period,
aft- which his J power is laid down at
th feet of those from whoni ho receiv
ed jt i and in determining whether they
will Igain place him in powerthey
noes nnnn the manner In' which his du-
ties have been discharged." Many of
these offices are of. the highest cnarac
fmi-url" i--"-nvf :-no. 'And di'V." P T-
iiuiraig ir; the- uivamLcnt -iu1iuy;nu
integrin'', oi ciuinicicr.. xu cmi(h'
resulted from giving the election of
these ofiieers to - the people, and cer
tainly no eorruptioaof the people, nor
of the officer, has been the consequence;
and it certainly is not question' of
much diflieulty whether we shouia oe
cursed with a bad Judge during his life,
if, in despite of all precautions, one
should, unfortunately be Jelectetl. In
no other instance is implietlsuch a curse.
Can any other be greater ?? : fj i
44 ThQ present mode of appointing
Justices of the Peace is universally ad
mitted to be.' worse than a farce. -A
certain evening Is set apart forthe pur
pose, and the memoers.ironi' ine uiner
ent counties hand in the names of those
they desire to have appointed;, and
they are read at the Clerkfs table. No-;
body hears their.naiiiesor,cares to hear
them. It is understood to be I the sea
son for sport and is one of those cus
toms of our Legislature, long known
and recognized, and i never deiarted
from. They are frequently selected by
the member of the Legislature for the
influence which each can xert; at home
in some particular neighborhood. : And
it is well known that many of those
appointed are wholly unfit for; the Jer
formance of- the duties jentrtisted to
them. And some of those duties are"
of the highest importance! to their sev
eral counties. ; They enjoy and exer
cise the right to tax the people ; they
impose taxes much mere heavy than
those imposed by the Legislature. '
i Therft is no amendment to i the Con
stitution more imperiously demanded
for the public good than this. If they
tax the people, ought not the people to
eleetthc.m?" ';--- 1 ' ' I
A The reactionary party 9f North Caro
lina say not. me ? xvepuoncau party
ntrrees with and has put into successiui
Ynprition the present plan of State gov-i
eminent in ' exact conformity to the
wishes then expressed by J the gentle
men who puoiisneu. vraiu x.a
dress. Where. Is the 4 novelty," or
deformity,", therefore," in a , system
lative-iiorii sonsTo
1 Ui ytv
Ckrolink? ' -
But to proceed further, Goy. Iteid 111
his Inaugural Message, speaking as
much as his position would allow, the
voice of the Democratic party which
elected him upon, what was then con
sidered a very advanced, idea in North
Carolina the extension of the right of
suffrage to every citizen, without re
gard to preperty qualification saidj
" The election of Judges and Justices
of the Peace by the 'people, and for
terms less than for life, are questions of
Constitutional reform whicli !l recom
mend to the favorable consideration of
the General-Assembly.' j r
It is useless here to follow the histo
ry of this question further. There was
from the period of the! publication of
the Western Address, in 1851, a pretty
generally establishad wjish among the
leople, oftinii expresswl in various
ways, by the platforms ; and news
paper presses of bpth . political
parties,, and! by decisive, votes
in the Ijegislatures, of both parties, on
the . abstract ' expwlieney of electing
Judges and Justices of the Peace, by
the people, for a term of years, insteailessoo, all the Judges were elected by
of appointmsr those Otlicers by the
legislature, for life. The Whig and
Democratic iarties differed and di
vided about the manner of accomplish
ing the necessary change oft the Con
stitution to bring about: a result which
both 'seemed to desire. The j Democra
cy rested at the commencement of the
war upon the principle d of making
all constitutional changes by Legisla
tive enactment, by which means they
had procured for the people! free suf
frage in I80C. The Whigs pretty gen
erally advocated the plan of making,
all changes in the Constitution by a
Convention. The people of the State
in 18;, m, and '60 decided in favor of
tlie plan of Legislative enactment and
endorsed the view whicli the Demo
cratic party formerly, and tho Repub
lican party .now takes of this matter.
Let it rest as decided j and give the
svsfem which we have a. lair trial be-
ifore w undertalto'to return to -the old 1
. f .1 ? A.1 11.,
oraer ox vnings, ; ixv , cy y uxua ' mv"
veniehces of which are; so' .vividly de-
But in another point of view, besides
the principle of popular elections and
limited terms for judicial officers, the
re-establishment of our, "ancient: judi
cial system" does not seem to be' enti
tled to the high encomium implied bv
styling it once the "pride of the State.','
Twenty-five years ago, and frequently
afterwards the leading men of the
! State declared it to be important to rc-
torm it and expressed their own anu
the dissatisfaction of the people withl
it. For iiLstance, Gov. Graiiani, ml
his Message, delivered to
tlie General
Assembly in 1840, says :
"It is commended lo your inquiry
whether all Jurisdiction of pk-as in the
; Lw iermitteil to remain only
for pur-
ixises or probate and county ponce,
with a session of but ji : single - day in
each month. : By substituting for the
present system of County and Superior
Courts, with six ternis in the year,
three terms only of the Superior Court,
held by" Judges learned in the law, an
arrangement would be Introduced far
less expensive to the! public, and the
parties in legal controversies, while
greater despatch and correctness would
be attained in the administration of
the Law. Such ft change would require
some addition to thei present .number
of Judges to whom salaries must needs
be paid, but this would be inconsider-
made to J urors - TiS
fouf .fCourts a. yr j-i-v , ,1,
iSHl to all concerned, and. the j less
am xk:m AAfnniuiiifii
Ki-vvi v a- i r m -w ii e mm. mBj-v. 'mm
mitted from father, jo sou, . Vi
"Hi. i. ioriino. the value of the
T undertake to say iui. puDnM-vi
plished by the provisions e LmI cm .
Ititntion. Yet the; party of reaction
t n otnvin follow the .enlightened
views of their great leader ho., fowl wy.
VV - i x...firn'o vonrsr Afro 111
expresscHi inu-iv T'rnuw-S ti '
the infancy of law reform.' They
to go back4 and. revive -a: system ex
ploded, and abandoneil long a.'ifh
most everywhere onei i0fs the inovhi
ble consequences of which Ls to .entail,
as heir looms in families, rulnou.4 and
vexations law suits through Lsucceeslve
generations 4loadedwith costs, fac ;x
ceeding the value of thopriginal. sub
ject of contest.", Will the ; people do i t ?
This idea of Gov. tiraham' .was
pressed' with ability and' after
wards In the Legislature by Gen. Itu- :
fus f Karri njrer then r. of aibarriisrfand
failed , bv the interference and lnllu
enceof the County -'Magistracy, who, .
!.r,I.-.!:ri olV -o Z -r li.'dld 'T t
give x ; it-x-
notori.uslvi' iiicommitcnt to ioi bui , -
which they would not surrender' p.m it
was attended wiu .soine. f ' 17 ' -7 ,
quence. umer gvnueoitni, ttv mui..
times, afterwards made the same proj
osition couplotl with' one ito infrea-'f
the number of Judges to ten , It fail- ,
ed always from the same causes-hostility
ofw the local: lifts tenure niagis-
tracy. in ract as xney very wuw .iw
trolled elections In tlielr i several coun
ties they exercised a very greuir.uuu -often
times a very pernicious influence, .
over the general Legislation of the
State. ' ' v." vt;' -. --'f4'
,The i multitude- of r. usles4 ottcers
maintained at a great; and unnwssary
cost Is the main point; of attack - upon
the present Jndicial, systeiih How Is ,
this? How many Judges-are'ruired
by the want of the people of North
Carolina for the prompt and -convenient
,dispatch of their business-considering
the extent of territory and the
population of the State, and how much
Is it fair for the people to pay them for
their services? A t more . correct estj- r4
mate of what isright in this .matter (
will appear from a comparison, of the
area, population, number of Judges,
salarieof each, and; of the whole. In
each btatcv in the States of iVirglnia,
.Tennessee and Georgia, States contigl
ous to our Northern, and Western and
Southern borders and North Carolina.
At the commencement of the wfcry the
time at which" I propose ; to notice, the
number and expense : of the, Judicial
establishment in each "of those State,
North Carolina was, in size arid" popu
lation; about 4 air average of them
Virginia,hav jug been since tha,t, time
divided. The general , surface ,pf the
four States was in many respects simi
lar. Their people were in all the dally
habits and wants of life very 'much
alike. - .-w i-i :. Mi ; ;
; Tn 1 ftfil Virerinia had a territorial .
kfp.t nr.-7 u.imm ttiMau a nnrJulatloh 1
nfl .WW.1d. and tvventv-six Judjres. five
cm thA heneh of the Sunremo Court of
one at a salarv of f 1..W0. elected hy the
people for eight years. The aggregate,!
cost of their judiciary was, at thO time
mentioned, $5G,500.- 1
Tennessee, in the same year, had
twentv-four Judsres. Three on the Su-c
preme Court bench at salaries Of $2,500 1
each, six Chancery juuges ana niieeni
Circuit Judges at salaries of $2,000 each
aggregate cost of judiciary) $.4,800J
Area 44.000 square miles: population
1 ,1 10,640. Georgia had an erea of 68,-
00 square miles, a population or j i,uz,-
7U7, and. nineteen Judges., 'jihrep.on
the Supreme Court bench itt $3,o00 each,
and sixteen on the Circuit Court bench.
at $2,f00 each aggregrate cost of judi-i
ciary $o0,iot). North : Carolina has an
llirea estimated .at 4.,0IX) square , miles.
Jftmuch below what it realfy is, as com
petent pei-sons have statoaana in
1800 a population of l,(MW,:il2j Under
the present Constitution she has fteven
teen Judges, live on the Supreme and
A 1 9 A. A A ' As.
iweive on inocirciui l.ouix pencil, ai.
an annual salary of $2,.rj00 each. Ag-
Bgregate cost $42,500. ;
At the date above mentioned, in
Ten-
the people for a term of years. In
Georgia the Supreme Court ' Judges
wore elected by the Legislature, 'the
Circuit Court Judges by the people; all
for a term of years. "I have not heard1
that any of those great States pouching
our territory on three sides havechang-,
ed their plan of selecting Judges. -; '
Take these estimates as correct, and
they disclose no extravagance j in , the
numl)er, pay, or aggregate cost of our
Judiciary, as comjMired with our nelgh
bors,on the contrary, we are lh a markeil
degree below the average of - numbers
and expense in tlu3 - way'- of,, Judges in
those Sbates before tlie war. The above
statement further establishes tho exis
tence of the' principle . of a Judiciary
elective by the people for ai term of
years in three of the greatest. States of
the South, under the control-1 of their
natlvenbom wnHandbefore the vocab
ulary of our language had bert enrich
ed by the inventl' geniur of partisan
writers and speakera with 8ich choice
and mellfluQii3jy?neUatjcns.-)w caUa-5
wags, carpet-baggers . and , brindletall
democracy. j . .,.,-, , , . ..!
It is said that under tho present sys-.
tem we have some bad and- Home In
conipetent men in office; that a Code
Of Pj-oeedure has been adopted unsuited
to the wishes and habits of the popple,
and that a multitude of. uselesfc of
fleers contribute largely to the burden- .
of the pcoile. , ; i . 1
That there may be bail or, . Incompe
tent men in judical station furnishes no
argument against electing ; Judges by
the ieople, nor in favor of going , back
to the old plan. The. advantages , of
the present over our former nnxle or
election are well displayed in the ex-,
tracts I have read, from the (Westeni
Address. What was true then ( of the
prevalent intrigues anil combinations,
in the Legislature of. that day, uq pne
will deny might have . beeh ,no ln( j(he
IiCgLslature of 18C8aivl 'CO. . fNow, if
tliat hotly had exercised the function of
Ichoosing Judges, no one ; will Suppose
null iiiey wuuiu jinyv uuik an, eu m
the people did In the spring; of l&Ck 1 1
certidnly do not think .so.j nje.Jm
prpper selections were to" liaye bpen, ex
pectedi as ineyi table j incidents jpf ,the
times. :. . ;'.fi....' ..-u '
. Sue! mistakes liad been made before
ih this State, iii tlmesupf convulsion
and change in politics. Thus at the
period of the overthrow of the old Fed
eral party in this State and . tlie, rise of
tho Republican or Democratic party of
: ". 1 ' -' ;- u fr 1 .1 , '
Appeals, each at a salary of 3,uuo peri
twenty at a salary of each., and I -4-
1
1
7
l - 'f
t J' !;- ' . '
! ' . : ? t-