North-Carolina
St citC
Oiu-i ace the lans of fair deliehtfulyeaee,
Uiiwarp'd by paity rage, tol!e like brotherti
Vol.V.
From the National lm)usnce r.
,0 TfiE LEGISLATURE OF TW
RESPECTIVE STATES.
Letter the jifth
t
'The ihhtf great object tha
requires state regulation is the secu
rity of property. This, under all
circumstances, has" been deeifted an
important consideration. Iwlmpor
tance, however, is almost infinitely
increased by the. prevalent state of
society in this country, and the new
aspects and relations which anew
order of things has .created. It is
one of the happiest features of our
pqlitical institutions that, by inhibi
ts pvet-v snecies of monopoly and
I by leaving industry unfettered, the
power of obtaining property is pi".
equally within the reach of every
citizen, so far as political institutions
can effect this end. The right of
pnmgenitme, end the principle of
entails, being wisely annulled,- pre
vent dangerous accumulations oi
properly, and distinctions, equally
dangerous, arising from accidental
circumstances instead of merit.
This great end insured, it only
remains to adopt wise codes of laws
to secure the rights qf property, As
on these essentially depend its value,
it will be evident that they are not
inferior in importance to the attain
ment of property itself.
Are then the rights of property
at present adequately secured X' It
is humbly presumed they are not.
"Without meaning to derogate from
the wisdom of institutions many of
'which have existed for ages, and
most of which have been tested by
some experience., it way be confident
ly affirmed that the great political
revolution effected by the United .
Stages has placed the people in a I
situation which requires a modifica
tion, to say no more, of the principles
adopted in the old world on this
point.
A leading feature in the systems
of the old world, was to aid the ac
cumulation of property in.. the hai ds
of a few, and to maintain such -accumulation
undisturbed for a long suc
cession of years. As on this result
principally , depended the stability of
governments, means the most effec
tual were devised for commanding
and securing it. Hence the rules of
primo.genituret? entails, and mono
polies so wisely done away in this
country and hence too, so many
provisions by which property, and
mere especially real property, once
acquired, was entrenched ; the effect
f which was the frequent resistance
of just claims made on the individu
al possessed c the property cf ano
ther ; and hence the adage, that
possession constitutes nine points oi
the law. With this view courts
were multiplied ; the legal code
was rendered too intricate for the
apprehension of the unlearned;, tin.
forms of judicial proceedings were
clothtd in an unintelligible phraseo
logy, requiring; a distinct order ot
inen to interpret it ; and the expen
ccs of carrying forward suits were
rendered intolerable, except to the
rich. It requires no extraordinary
discernments to perceive, that ;d
these circumstances concurred, to
make the poor dependent on the
rich ;.ad of consequence, to,ibrtify
the vast possessions of th latter,
while they undermined th' pittances
of the former.
it these are the effects of the exis
ting systems of justice, as they are
called, is it not manifest that they
Are subversive, so far as thev sro.
of some of the gr-at benefits expec- f
tea irom the change effected mour
political iastitutions ; and may it not
be feared that they will operate, irt
an insidious manner, to undermine
the whole structure.
Lttus dt scer d to particulars. One
of the gre it ends of our government
to secure the fruits of every man's
industry. This can only be effected
ty a system of laws which either
discourages all credit, or which pro
vk1' means easilv within th. V..-v,
iuv 1 vuvn
h individual for obtaining that
"fright belongs to him. In
instance debts will be rarely
U and no disappointment will
m the inadequacy of laws to
ncir payment ; while in the
tb ,
ir
l .
last instance there will exist means
of recovering them which shall he,
easjprompt andunj-xpensiygj., The
oTogatiolfofinaws for enforcing
the payment of 'debts is so repugnant
to the habits of our citizens, that it
would be deemed the temerity of
innovation to recommend it, and it
is probable that whatever strength of
argument might be adduced in its
support would be too feeble to make
any efficient opposition to the preju
dices of habit and preconceived opi
nion. Reaving then this enquiry,
let us proceed to examine whether
the existing system of laws provides
for the recovery of debts, means
which are easy, prompt and unex
pensive. If a debt is due, recourse must be
had to a professional iyjan, who is
alone viewed by the law as compe
tent to point out the local remedy re
quired. In most instances before
his advice can be obtained, a fee
must be given? seldom less than
three cr four dollars, and rising in
proportion to the magnitude of the
cause. The lawyer frequently re
sides at a distance of twent y or thirty
miles from the party aggrieved; and
consequently one or two days will
be consumed in reaching him, and
in afterwards returning home. Pro
cess is then to be obtained frorn the
clerk of the court, for which a charge
generally of about a dollar, is made.
The Sheriff is then to be sought at
brobably some distance. These are
the steps required for initiating the
suit. The expence they involve may
be fairly estimated at eight dollars,
and ihvi consumption of time at three
days. None but men in easy cir
cumstances can afford to lose so
much money So far, therefore, the
present administration of justice ope
rates as a barrier against the just
claims of poor man, and as an in
ducement to those who are unjust
to incur debts in the hope of impu
nity. These are, however, but
ihc first steps required by the legal
code. Courts are sehtom held bft
ner than four times, and sometimes
not moreHan once or twice a year
for thf f -causes. Such are
the usua Ji of procedure that it
is imposstijto know when a cause
will come to trit-1, and of conse
quence, the parties are under the ne
cessity of attending court for several
succe sive terms, and often years,
with all their papers and witnesses,
the personal concerns of whom are
interfered with. It is difficult, al
most 'impossible, to calculate the
.rouble and expence occasioned by
these delays. The cause is at
length tried and judgment pronoun
ced. Though years shall have elap
ses since l?ie commencement of the
suit, a; further indulgence is allowed
ihe debtor. Execution may be stay
ed ; and in case they posssess real !
property, its sale may be prohibited,
or seven years allowed for the satis
clioa of ids debts in case the clear
proceeds of his property may rc
.'ttm them within a period of
years. Can these means, relative
o the recovery of debts, be with
lot least color of truth, called easy ?
Are they not on the contrary, fraught
with difficulty, with delay, and with
distress ? Do they not entirely sap
the principle of equal rights ? Are
they not subversive of impartial jus
tice ? Do they not necessarily cre
ate distinctions among men'; be
tween the rich and the poor ? Do
they not give power to the former,
while they deny it to the latter ?
They surely have all these effects,
and having them, call aloud for le
gislative redress.
That h e means for the recovery
of debts 'are not prompt has appeared
from the statement of facts just made
It may, however, not to be unpro
ductive of profit, to dwell further on
this point. Money, is in this coun
try of great value. It is not incor
rect to say that to a man in business,
and most of our citizens are in ac
tive life, it is worth ten or 15 nerct.
Legal interest having been fixed at
six per cent, the difference will be
so much lost to the creditor, kefk
out his just debts, aud consequently
as much gained by the debtor. Thus
is a strong inducement held forth to
injustice. The debtor under the in
fluence of interest, will renerllv
protract the issue of the suit to. which
Monday, September 24, 1804
he is a party to the greatest period.
And such is the present organization
of courts that a delay of several years
is gained by. him. The practice va
ries in different states ; in those to
the ea3t justice is administered, -with
comparitive speed, while tcr the
south it is relatively tardy. Consi
dering the middle states as those in
which a medium exipts, it will be
found, that on an average, it requires
at least three years l bring a con
tested suit to a close. This is un
questionably a great grievance ; and
claims a devoted attention to re
dress it.
The last consideration is whether
the means at present necessary for
the recovery of debts are unexpen
sive. This is of all the features of a
good administration of justice the
most important. Those, from whom
just debts have been detained, are
generally in an impoverished condi
tion, and cannot be supposed to pos
sess much resource. There is so
much force in this fact that it may be
assumed as a truth that a good sys
tem of laws should enable every ci
tizen to obtain without any expence
the property that is withheld from
him. If this be a truth, it follows
that a system which the nearest ap
proaches this model, is the best, and
that which most recedes from it is
the worst. In going into de-tails on
this point, two views may be taken ;
J one involving the expence which is
sustained by the creditor in prosecu
ting his rights ; and the other, the
expence sustained by society.
We have already seen that the ex
pence incurred in tlte mere initiating
of an aciion is far from inconsideta-
ble. This expence is greatly in
creased before it is brought to a close.
It is difficult on a subject so much
affected by the different laws of the
respective states, to speak with abso
lute precision But as fara we
are justified by an experience of the
expences attending a law suit in se
veral of the states, we believe we
speak within bounds, when we state
it in contested cases at between
ten and twenty dollars : and as more
frequently approaching the latter
thau the former. Tne amount sued
for is on an average below an hun
dred dollars. The expence Will be,
therefore, about fifteen per cent, in
addition to the loss arising from de
lay, from the consumption of time,
and from the Joss sustained by recei
ving only six per cent, instead of
about twelve which may be consi
dered as the real value of money.
Let these losses be added together
; und the amount will stand thus.
For the recovery of one hundred
dollars :
Three years delay pro .hieing a
loss from wilholding the mo
ney of the difference bet.veen
12 and 6 per cent. 18
1 ime consumed at least 10 i
Expence not paid by the debtor, j
say 6S
34
Th is is a moderate estimate. From
which it appears that under the nre-
sent administration of justice, about 1
one third ot the debt is lost.
The necessary effect of this injus
tice is the depriving the righful pro
prietors of property, so far as it is
placed under coenisanc of the law.
of one third part of it, and vesting it !
m mose wiio have no just claim to it.
Equally agravated shall we find the
evil in its operation on society. Just
proportion to the trouble, delays, and
expence attending the administration
of justice, will be the multiplication
of courts, of lawyers, of constables,
and the numerous other attendant
who find their interests intimately
connected with the perpetuation and
even the extension of abuses. Hence
it is an incontrovertible fact that this
description 01 citizens will probably,
arrtfUoo successively, oppose all the
reforms that have been proposed. It
is not meant, by this remark, to
east nnusnal reproach upon any
class of men. Their conduct has
doubtless been dictated by motives
common to most men ; the pursuit
of individual profit ought not to be
considered as culpable, .when it is
not in .violation 6r breach of law, or
moral duty. It is evident in the pre
sent instance there is no. violation of
positive law ; aud it may easily be
.conceived that conduct, sanctioned
I by law and usage, however repug
nant to some moral principles, will
not be viewed as reprehensible, by
those whise immediate interest is
t connected with it.
In estimating the extent of this
evil, we can do no more than offer
' a rough, statement. This shall be
j done under a scrupulous respect for
j truth . and in order to avoid its vio
j lation our statement shall be within
bounds. If we take Pennsylvania as
! the central state -of the union, and
consider her as possessed of an ad
ministration intermediate between
that of tho eastern and southern states
we shall probably exhibit in the facts
furnished by her on this subject the
correct view of the union generally.
There is in that state,
One court of Errors and Appeals,
principally composed of the Judges
I of -the inferior tribunals, and Which
therefore does hot involv : much ex-
: pence, perhaps not more than one
thousand dollars.
There is a supreme court of five
judges whose salaries and incidental
evpences may amount to 12,000 dol
lars. There are the presidents of five
circuits, whose salaries amount to
8,000 dollars.
There are three or four associate
judges in eacMi county, whose sala
ries amount to about 10,00C dollars.
The aggregate of these salaries
amount to 3 1,000.
The' establishment of jails may a
mount to about 30,000.
The fees paid to the various clerks
of courts, sheriffs, constables and
criers may amount to 80.000 dollars.
The sums paid to lawyers may a
inount to 220,000 dollars'.
All these sums amount annually
to 351,000 dollars.
In addition to these items of ex
pence, is the expenditure of time
and money incurred by the parties,
the witnesses and jurymen in atten-1
ding courts. It may be computed
that there are three hundred courts
held at which 100 parties, 30 jury
men and 60 witnesses attend, on an
average, for six days ; valuing the
j time lost' and expences of travelling
incurred at one dollar and a half a
day, an annual expence is incurred
of 85,000 dollars. Add for justices
of peace 56,000 dollars.
This added to the proceeding ex
pences amount to 500,000 dollars.
One view still more important re- !
mains to be taken on thi branch of ;
the enquiry, viz, the quantum of la
bor lost to the community by the
number of persons engaged in the ad
ministration of justice.
This may be computed as follows : '
Judges and justices 600
Jailors 60
Clerks of courts, sheriffs, consta ;
bles, criers and their clerks 400
Lawyers 200
Time; consumed by parties, wit
nesses and journeymen about 30q
1,5 GO
Estimating the value of the time
of each person at g 300 we have the
sum of g 468,000 ; which added to
the above S 500,000, amounts in the
whol to g 968,000 ; a sum but little
short of a million.
Let us contrast with this vast ex
penditure the advantages derived
from it.
It is a large estimate to state the
property in controversy each year
throughout the state at -five million
of dollars ; on which, therefore, it
appears, that there is paid a com
mission of about twenty per cent.
The detailed view, we lave taken
I-.- J-- ' -w -.f . a v. 1. .iiw WklUtlJ
means for the recovery of debts are
neither easy, prompt, or unexpen
sive. The only enpuiry, remaining
to be made, is whether means more
competent 10 secure these ends can
be devised. It is confidently believed
that they can. -
C Subject to bt ojntiiuzL J
THE HILLS DOHOUGHRACEJS
Ty-ILL commence on Wednesday
v " ihe 17nh oi October, and will continue
three days, free for any Horse. &c. The
first Day's Hunning will be three MileHeats,
the second, two Miie Heats, and the third
one Mile Heal' s. By Order,
K DURKIN, ClerkM
Hilisborongh, Aug, 24, 1804.
N. B. The ParticuUirs will be published
as 'soon as establ ished by the Club.
No. 253
Thirty Dollars Reward,
"D AN AWAY from the Subscriber,
on the 26th Jul last, a flegro Mai
Slave named Abrara, abotft 5. Feet 10 or H
Inches high, twenty-nine Years of age,
black, of a trim-make, with long Arms an4.
tfands, which, when he walkf , hang straight
down by his bides; he is a litde rouudU
shouldered; he is a veryTikel and artful
bellow, can work at the Cooper's trade. H.
;as a Scar on his right knee, occasioned by
he Cut of an Axe, and another on his left
B uttock, occasioned by a Burn when a '
Child. 1 expict he will attach himself t
some VUlain and endeavour topass,for a free
Mac. If he should leave thi& Count?, I ex
pect he will change his Name and deny hs
Master, if taken at a distance from homfti; '
Since he left me, he haih been apprehended
ind broke Custody I would therefore m
commend that if ne should be apprehended
he should be secured in such a Manner as t&
prevent his having any Oppdrtunity of es
capmg, as this will beh s urst Study.
I will give the above Reward to any PfBa
sen who delivers him to me in CasweS
County, N. Carolina, or one half, if secur
ed in Go-ilso that I get him, and all reason
able Charges paid. ALEX. MURPHJiY
August 25th, 1804
Fifteen Dollars jtfezvard
JAN away from the Subscriber,
living near York Court-House, South
Carolina, on the 4th July last, a NEGRO
iAN named JIM, about 25 Yt-ars oi Age,
5Feet 8 or .9 liiciics high, speaks good En
dish, had good C loathing which he t ok
with him, ties his Hair, and piays on tac
iriddie Any Person taking up said e&r
tnd bringing him to me, or securing him a
iny Gcal so mat I ma get him again, snail
receive the above Reward, Wira ah reason
able expences. JOHN W ATSON. D
York District, S. C. aug, 8, 18U4.
SHERIFFS' SALES,
NOTICE.
On the 28r6 day rf September, :
TjylLL be sold tor Cash at the'
Court-house in Onslow county, agree
ably to Law, the following L.ands situate
in the said County of Onslow, or as.
much thereof as will satisfy the Taxes due
thereon for the Years as hereafter stated,
with all such extraordinary Charges as Land
is rendered liable to in such Cases made and
provided by Act of Assembly :
42600 Acres of Land, situate irt said
County, on the branches and head waters o
New and Whiteoak rivers, Queens and
Bear Creeks, which is said to belong to John
-Jones, Esq. and the Heirs of Isaac Guion,
Esq. dec. and the Taxes are due thereon for
the year 1803.
300 Acres situate in said County on eachv
Side of the .Vlain Raad leading from Mrs.
King's to Wilmington, between said Mrs
cv ng's and Mrs. Sage's, which is said to
oel. i;- to the Heirs cf Samuel Cligg, and
lie i ajies re due thereon tor the Years
1796, 9, , 93, 99, 1800, 1801, 1802, - and
iS03. .
2X) Acres si'uae on "hite Oak river,
joiningr near the lands of Wm Jones, Esq.
ind ;he Taxes are due Caere n for the Years
lb2 andl&J.3. . x
j40 do. s; vuate in said County, joining or
near Shaking Creek, ai.d the Taxes are due
hereon for rhe Years 1795, 97, 93, 99.
18 J'J, 18C1, 1802 ani 1803.
LEMUEL DOTY, Shff"
1st August, 1804.
wiLlT"iiE solUT" "
At the Court- Hiuse in HaieigL, on the last
Saturday in September next,
"pUE tallowing Lands situate lr
Va;e County, or so much thereof as
' V'll py, the 1 axes due thereon for he year
l8i2, wuh the expences o sale, &.c.
290 Acres, given in by John Rogers, dec
100 do. given in by Needham Gower.
100 do. given in by Joseph Gardner, ly
ine: on the Wa'ers of Black Cl -! i r.A
join ing the Land of Edmund Stevens.
jvjnw UAIS, SttiF
Aun. 11.
WILL BE SOLD,
At the Court-house in LfUinberton, in jRjbeson.
County, on Saturdajthe 29r& of September
next, ' ' ' -
'"THE following Tracts of Land, or
as much thereof as will pay the Taxes
and Charges thereon, for the year 1802 and
1803, -
1637 Acres, in several Tracts, on the
south side of Rockfish Creek, enlisted by
by W . H. Herrinston, of Richmond County,
for ;he years 18G2 and 1&J3.
3CX) Acres, on the s.uih side of Rockfish
Creek, enlis'rrd by the Justice who received
the lists as the property -of - Goodwin,
for 1302 aa;i 1803- ' W .
4oi Acres, enhsred as lie nronertv
Trvon Smith, for 1802 and V8n$ r , y
i00 Acres on rhe south "siS FfK rio
Mavsa, enlisted by George Iknor for PHilio
14 i '
460 Acres near Vv'dkinson SWamn. ' n.
fisted by John M'NeilL
lOo Acres bet svetm Ash pole and Shoe-heel
enlisted b) Charles peals.
ltw Acres on the south side of Rockfish
the property of Hugh MRay, Esq. ''
100 a;rc8 on the north siEe of iJrowning
Creek, joining Charles Oxendine's Lands,
tae projierty of Wm. Thompson. . ,
IjO Acres or? he south side of Ten-mile
Swamp,; nhsteait f" uel Laie, for 1802.
2p0 Acres near the Great Swamp, en
listed by Elizabeth Lee for 1302,
1 U'J.MASi.JSAWS, Shfl.
l it
Auzust 14,' ldu4s