Newspapers / The Weekly Raleigh Register … / Sept. 29, 1806, edition 1 / Page 1
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-mm -j . 1 ...... . f m t i. , " - . . ' w ta- . . fe. ' m . r . s For the Ra.higfcQegle la. Galis, where evcr tpuiig, relative w . vemmcuvt abiKultinatly in ; akgreatBqdy of tiie people, lavs :d instUutions wfticliare mani.. sth' oppressive to great majori- l 6i .the citizens,. supported and fierished for. any considerable IntH" of time, we become curious. 3 koo w i rem ' w hat ca us e t n a c n -3g inconsistence; and - absurdity ,roceeds. In a monarchy or aris onacy, where a,sihgle or a few in lividuab conduct' every operation f wivcrnment, the causes of tv hnay and oppression, with tht ason oi tneir cencinuauw:, 4tc lore obvious. In ttiese govern- bents, the rulers, who ao not vre their elevatioa to the election f the people, and who are not ac- Ire too apt to use that power which ras cerhacs at first avqiured by Eaud or force, or with whi h ihcy tnav haYe oripinallu been entrusteu for the bentht of the p-opie, to thr kppression and ruin oi the comma lity. It is not a new remark, that Prrtmrnts Oi every species ait l j x ' r m. IP . . i ' it- . M upheld by.putiiic opinion, iii a deDOtic e6vernnient free civ cuiries aDd discussions of political esublish judiciary upon pnncx yls more consistent than pur pre Sent plan with the genius oV a re pubiican government. This bill proposed the aboUuoriof pur pre sent district courts, and the erect ing of superior courts iri every county in the state; by which equi table arrangement the convenience in'd esbence of obtaining justice would be greatly diminished and ould be equal wit all. Mens v?cre however founds the last ses rion to defeat its passage, but it will undoubtedly fall under, the consideration of the next Assem bly. The friends of reform mast expect to rneet (as Uiey did with $a exception or two the last ass? m- 'ly) with the firmest: opposition ina counties in wnicn ouper.ur Courts are held ; for thes are materially interested to preserve the present posture of things. As these places are the fid to which wealth and commerce and business .f every kind are attracted, so they ure tht residence of men of the largest-property and greatest abiii- t es ; - among wr.om tnc lawyei 6 v ho have engrossed the business of the Superior Courts (from a- nong which class of ; citizens the reprcsentutives of towns are usually chosen) hold a pre-eminent rank. If the proposed plan takes effect, business ana ess and degrees. If therefore the olcl - svstcm was established ;,witl wudom (as 'we are told and;have J no ihclintiQn.to deny, that it was j antl adapted to the lh?n existing ciixumstances of things f it ne cessarily follows that those reason which formerly induced its .-establishment, noxv favour its aboli- tion -or amendment. Innovations when introduced with ya'ttablk caii fcn', are then only dangerous, jv'hen they are not founded cn r east (hand justice. Jriovy many revomuoas have taken place hy which sociev has been improved, which when they Were first in agitation, ere deemed tJtbpian -and chimeiicaL Since therefore we sensibly, feel the inconveniences and distresses connected with the. present' pUn and justice and r.von-point cut the remedy, why hesitate in i:s ar.nlir:itoti? Ifvve are deterft.d from attempting innovations for fear of some uncertain danger in the cvD-rimc-iit, we must be con tent to labour under all tie rais-r-W-nfs. nnfl inconveniences which time and a change of circimistan- ce brine: on almus: everviinstitu- J tion, however Expedient jmd un i cxceptionauic ai 0111 -ow-1 . . t blishment. As circumstamcs var should undoubtedhj accom- of part ' of;-.p:yjitr-hUt:, others' will rernain without any al leviation. Tutice cqnthca be ob- But the erect mjr ( md expending a little ; th',ir for merlv. But of the four I uperior cour:? whivh the bill contempiutes.- yiti be-roa-king an invidious distinction' inj fa vour of those counties in wlvkh they art to be erected. We nre ail equsuly entitled to the benefits; of justice. No one by any superi or or exclusive 'riirht c.n clainuhat justice should be brought home to ihV untvnd S tneirfepiuatioid oftefr donVf wlmfc as Veseiit? - tained by au CertoindrtlofJl). v without travelling quit-Sc. , v - being absent from hocfe and ttlfc&lp ZB quishihg all other concej--fopttattr 0p0)P4m tBci'e'ekititntlM' wilKfJpr:' - be ?.s ;mucn lU iKxtown to the jurors s as the ijrrtlor r t$r that no other : fme.aiis vHiL -he lrft but to '. numhir 'not wi&ji, the' 'testimShy'cf the; -! w:-tn esses- The advantages therefore of the '.new fey stem over the old; witii' respect to jurors hfiis particu- lr, are pre-eminent? nor are this ' P J Ui JUIUI O UUUwi itiv lit T , i-'v . I his door, or that a superior court, j system, win we consider the prci- -4 with die immense advantages dlgious miiHitucle of challenge or 1 1 -.i-ite o re nrvimv TjTTJIIIWIICIA. 5Ui'V.vto .v - fl., . 1 A .1... .u .il thiv.iicrh urnriKince 1"' 7;.. ' r. ,i;. ,n of course their fees must be grea- I 1 of the' nature of their condition, may be prevented from, attempting innovations, and the more peacea bly submit to the galling yote that js'imposed on them. Free govern ments like our oyvn, where politi cal discussion and enquiry arc unrestrained, have in this, as in most other matters, eminent ad vantages over arbitrary ones. But from the imperfections of civil so- c:etv, or rattier 01 uunuu uaiuic, a small nart only of every commu nity can devote their time to study nd reflection, i The bulk of the community, from their necessary avocations which engross then time, cannot be expected to ac- v abridged ; for when the business vs'hich is nowttansacted in our dis trict courts, comesto be diffused into every county in the state, they not icv mod ate its system, to suchja varia tion. ' Let me caution the frienis of the proposed reformation, to btware oi division among therhsclvek. .The residents of.towns and counties in which superior courts are lield,wi'l be extremelv loath to quit the prr will find it impossible to transact j eminent advantages tney nave ni morethan half the business they j therto enjoyed, and submit to an sent. I would not be un it tcualitj of privileges with the rest cnire an extend ve knowledge of ..Fposmon to ao aurrauow . vu. political affAirs. Hence the, are I ;.re,er,t system, yet the tnfiupict Lussomed to- be" guided in thcir1fol rom the trmtc do at presci dtrstocd to impeach the moitve o any one ; but we all know that seif interest seldom fails to give a bias to the judgment, so that we may calculate on having (perhaps with some exceptions) the representa tives of the above mentioned places firmly opposed to the proposed system. Although doubtics very ff'reat trlents will be displav ed in opposition to an alteration ct-ur I i thVir fd'-ow-citizens. AH pro. j oirions, therefore, from them or ! their representatives, or any indi- i lual irart'u ul .tlv interested in the thence resulting, should be esta blished in his county rather than in another. But why not wholly remove the evil complained of, by establishing superior courtsin eve ry counts', and thereby make an equal diffusion of justice 2niong all our c:t zens. Keitson and justice and experience loudly call lor and approve of tne measure. the preseat svstem is attended with reat expence and waste ot time; 10 the parties at law, who are so unfortunate as to live at a distance from the pUce where superior cium are held. Trjide naturally centres in those counties, while others are deprived of many pf its,, advantages ; drained of Jtbeir cir culating specie, and. subjected to the coas-quer.t distresses and in conveniences. It has been fully and clearly shown to the public, that the county system can be in troduced without danger or diffi culty attending it ; and it is evi dent, on a b.irc view of the subject that it is calculated to give the be- a exceptions that the law allows, so ' t much to be anp! ?h ended as some would nue us believe. Jdjpr " sre to be mn of fair cbarctcTiC; , . freeholders in the cou:ityrV4 from the conviction of enmeor rnisde meanor,ofTf there be-undfe favour: as tiit the juror ta'dfliit to the party, ha& an interestun tasv cause , triat he has ibrmerlv;bert a juror in the same causey-that there is an action dependiBabe tween him . and the party, pr',thax,ji he 13 ci the satne society or crpCT ration with him ; the M in orN: 15 - advantages before noticed ; the ad. I1 vantage, that will be taken ot our natui-d prejudices and prepawts- Wsfi-y.- and the dtvmsns th.it may be, effected among the Jriendsoi reform themselves, will be likely lo effect more (and therefore ought to be feared and guarded agv.inst ) thin-the intmsic vtcizhl oi their argument. It is natural to the human mind to enteruVin strong prejudices iivfa vour oT those regulations and usa ges to which it has been long ac customed. We choose to perse vere in a beaten -track.though rug ged - .and unpleasant, rather -than deviate into an untrdcfen padi, however smooth & inviting. 1 here -..,mnVinco nf nrp?ent svstem. !.'yiiiiiiu-n w ' 11 , . r . . - 1 ir ...i.:. u fndpnev to draw nehis of .msice, of trade, and ot HIIIV.11 """ J - II ! -' J'CT , n,.nt;rtn fmm the true inte- circulating m-dium, a more iiiu- ' v. r,r,nMT t.A check I sive and equal spread. Besides the rrvrr intn ef. reasons dratn from the nature and ... .rl nmi'mlment. or circumstances of things, tus exam Iti v lliv jji .jr . 1 . I . f J T opinions ant canuuuc U Vilt not deny but with propriety in ca ses where the interest of their guides 'does not 'clash wrth their own) by those who have had better opportunities than themselves ot gaining information.' It is there fore unfortunate for the -improvement of society and laws, that those who possess the greatest pozvzr, wcalih talents end itifiuefKe, are generally Vnose who are interested to preserve. the present situation ot ! fkoli'dcrd affaires, however injurious and vexatious that may be to the rest of the-community : for it is to this situation of things that they are indebted for these advantages iid on this depends their continu ance, lience we see in every scate, many rnen of the greatest power and inSaiice who are strenuusly 'opposed ftb e very i nn v vation -.in la ws ancT .government, a; though hljrdf ldvanUig&!i5 and useful to the ueonTe in cf.ner.T. Hence too we discover the cause why daws, not unfr qucnily even in republic?, long continue to .exist which evi dently ber.r hard upon far the grea ter pnrt of the community. To confitm this obseTvationriurnber less examples might be deduced from historv.. "But vvhv hr.vo r. course to historv so hi as the pro- Ubese principles preVail in the ex- cc.edings relative to our present Jl tf wmch some arc desirous tp Judicial System remain. imnrii-t iitretch them, our judiciol'system nf er-vprl f mir sister states to create schisms among you.ougiu i , . to be vkwed with a distrustful and has been cited, and particularly ieaicus eye. So obvious a means the example of South Carolina ; m as the latter; will not be left un- which State ajudiuary ou a plan Kw ;;e,m'iPv The needs exactly similar to. the one uudcr the VI iv u uy -- it ai-crftin apnonsms that stiong.y concur with our prepossession, j which, hexwever incongruously ap- phed. we are apt to receive as in- disrsn table nohtical axioms. When r l . ; . any scheme ot .improvement is o! ft red, hundreds will tell us that of division are indeed already -sown, aad it is much to be feared that they will spring up, and at the next General Assembly, produce fruit fatal to the cause ol tne people. A publication in the shape of by" an tmintnt lawyer, appeared some time ago in the newspapers, which proposed to divide the State into twelve superfSI court dipcts, instead of the eight into winfn it is now divided. It re qui resettle re flctioh to discover the direct and pernicious tendency of this bill.' It is emineftly calculated to create a division among-the former advo- I caUft for the system proposed to the last Assembly. Ihc Inencls olthe oid sy stem probably calculate, that thejeprcsentatives of those coun ties in. which new. superior coum are proposed to be erected will be in favour of the bill, together with those whom icflu'ensce, or the 1 to finale established cmtamsh natural diversity ot sentiment on is impolitic and ihatbmaikm are buch subjects, will add to the nurn danro::s, for one who is capable of H ber and hence, by uniformly sid k ointing out where the 'darr or j ing with the opposition they may i irw-tr W Tlift lat- writers d Drcvent a miontv from being oo- ed in our memories ? The incon veniences of the present system have long since keen discovered and .severely felt bv uhe badv of te people. . The utility and neces 5itv of a ,chin;e is generally ac-. nowkdgeJ)Ut all atteljlpis which, have been made bv the? friends of the people :Uq traduce a-reform hvouCu: indeed become like u the law of the Medes and Persiacs, th5ttvlieth not." .But it o:t to bs- retvfembeied that this system wstablished. at a , time when the i condition of our country with re arcl to wealth, com.merce popu- m most other res- ve tained for , either plan. But it is ose members ful of their own interests and thcprmciples of jus- tictl, than to suffer themselves to be thus easily duped. It is however possible, that the forcr support ers of the.pld svstem, will give up a Utile to prey eat losing all,and wilt ave hitherto proved ineffectual- A bill was&roiirqt -"forwari dufmg the session pi the last Assembly to join with ths advocates of the law- . - : rV., ric there wiil be the .greater, necessity foF unanimit? amonc representa,- Itives of these counties whicli . are petts, was widely! diffevent from j to be, excluded irom theDensiits 01 the present., Thesme reasonings fa superior, court, aactwho wish lor rent in their natures, circuinstan-Uthu bill, or oaeijjponaw consideration of our last Assembly has been adopted, which experience has shewn to be for the immense benefit, and with the unequivocal anprobation of the 1& k of the citi- ! zens. Since then reason and ex perience thus strongly recommend the adoption of the new tystem, is it just to deprive our citizens any longer of its advantages ? Thet .only objection which has been"arc:ed against the new svstem, that wears even the aoDeartmce of plausibility, is, that jurors living in the county, and perhaps neigh bourhood of the parties at issue, mav soYYietitrit-ft he influenced bv I ?"-J , " . f l-i rre 1 iric nr rrrrr4c; I Oris in favour, or agsmst one or the other party. But this objection w;ll be fouacl, 1 presume, when fully aud fairly examined, to be more plausible than just. Jurors, living in the neighbourhood of the parties and witnesses, may be sup posed in1 general to be acquainted Wicii xneif cnuriiuters, auu iiwiv. forc the better know what credit to give to the facts alledged in evi dence. This is a great and indi3 putable advantage-whichtae county s stem will have over the present For jurdrs may now be drawn from a part ot the district the most re mote from ths witnesses, concern ing whom, in most instances, they have no knowledge at all. But this knowledge, in case the evidence I be contradictory, which often hap pens, is absolutely necessary for a fair and equitable decision. And a knowledge of the, parties in those instances, where theft; oath is allowed, is as necessary as dm nf the witnisses. But how is this know ted ere to be obtained ? Shall meitncr 01 mee cases, to-ue cx" 5 -eluded from serving. AndeVerit when'tnese marks of suspicion 'tic i,' not appear, if any plausible ofproV bable circumstance be alleolcetl against a juror, its validity must '; be kit to two indifferent per . sons appointed oy the court who are to uetermine whee.h h be favourable ' or unfavou rable. In civil causes also the par- . ies, besides the above grounds cf V exclusion ana a number ot other which it is heedless to mention- are allowed two peremotorv chal- lenges, and in criminal cases that are capital, the prisoner is alio w vl thirty five. Add t these mean ; v removing bias, the solemnity of. a trial, and the sacred qblig itioii of an oath ; can there be any rea ionable grounds left for suspecting partiality in the jury. And the parties will surely be relieved front eea the anpr.-hcn ion of it, whfit they have made use of the numf rou means in their power of nr6- curing unprejuaicea jurors. - - It may also be safely affirmed tht de- ; cisions in our county courts have untfornvy been as equitable and just as in our district courts, ex cept in cases where new fa ts areV disclosed which were unknowtflia the former, orjuroVs were, bettef' iastructed concerning points of Izyr? by the judges H the latter, ut th advantages that result ffarVyl havia'gble judges will be no lesijv, under the new system than undet V the old. Since therefore itisan rm- disputably true that a knowledge; X( of parties and particu'rarly of wiiv5?. nesses, is necessary in oict9-a-obtain a just decision ;' and Virice the objection urged against thVi hew system with respect to the parjfl tialities and prejudices of jurcrst when brought t the test of reason and experience, appear unfounded: or trivpious, who can hesitate irt giving to the new system a decided :. superiority; . 4 But we are totd the proptsed plan will have a tendency to in . crease litigation It is probably true that fnanywho are now deter ed frm prfiecuUng their just . claim by the- enormous expence and great vexations attending suits at law, win oe naucea under tn 3 new system to bnaj suit , tor tlir attainment of jusiice. : But is thi a reasonable objection- to the new jystem i 1 he attamrnent 01 jus- " ac, the settlemrnt of disputes aai" contested cUims" by means jt lourts ot justice are doulule gther wHuebesbe iaXrgauced from y the greatest bi-ag dcriv:4 - 81 ' v ': Mill 1 Aim . - VERY TlGHTtY BOUND
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 29, 1806, edition 1
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