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1 . 4 .E; x-k 4 r Mo V . ' 0ri u th Bd.fValMelIf1tf 1 peace 0 ' . '. ! - UriwttpdbypaTtjrg,toUeHklrother ... .. . ' - : . ... . . . . . TrTrj' :l - ! i . Mo)AY, DECEMBER 1, I806i O. 3. HOUSE OF COMMONS, j ... .Monday, Nov. 24. j Four members appeared. I The (blowing bills were presentecl: Bv Mr. Jonas Williams, a bill to ascertain the toll which shall be al lowed to millers in the coun y of Greene . ! Mr. King, a bill tCalterthe man ner of holding elections in. the county f Sampson. ; Mr. Law, granting a separate election to the inhabitants xf Bertie ; Mr. F.X. Martin, a biHt amho f Charles Williams, sheriff of Craven, to collect arrearges of taxes ; A1r. Rlade. a bill to amend the se veral acts regulating the descents of jeal estates Received fiom the Senate, A hill to establish a separate elec lionet the house of Christian Luther In. "Parvrlrvlrth t A bill for the better regulation of the river Top im, and to prevent A bill to alter the pUce of holding the separate elections in the county of Chatham ; A bill to authorize the Executors of Solomon Alcock late "sheriff of Cur rituck, to collect arrears of taxes ; 'The 'bill. for revising thecommon law was rejected on itsiecd read- Another messacre proposed that j the -committee appointed to confer feth the Secretary of State respect- ! ine the issuing of certain grants, be oiretieu io report u n t, amendments -are to bi made in the land laws. . The order of the day, which vas the bill rbomending trie Court Sys tem, by ihtroducing . into even' county a superior court was called for.. This was oWjJted toby those opposed to the measure, .as the printed bill had been laid upon the table onlv Vesterdav ct;d thiv ha notj from other eiTgernents, been able t attend to it. lhey hoped, at least, one day's notice would be given, before so important a bill was .taken up. This, after some convex sation, was agreed to, and the bill was made the order tor to-morrow. Mr. Cameron then gave notice that when the bill was called up, he should m6ve an amendment, which went to an extension of the present district system by encreasing the number of districts to 15, which he would prof pose should be divided into five rii dins. Mr..C. enumerated ihe man! ncr in which he would class the coun ties1, and most of the other details 1 his amendment. Ifai'f and open rnanner ? as, in dis- Icussmp; the amendment, tne merits of the bill would ot course ne taxen nto considerat'On. Indeed, in ol der that the. "friends of the amend Trent might not be charged with ta Kins: the koqse by surprise, he had yesterday announced his intention of bringing it forward. 1 He hoped, therefore, this was the last time tha ine chavcre a mfao-e informed the Senate, that Messrs Troy, Ward, Tcrrd jind Caldwell; were added to the comrruttee of propositions and ne .Traicev i " f :,iuTucsday, Nov.2S. , The foilOvvingbills wevepresenteQ ,n7 Mr. Dowd, a bill to alter the 4me of Mdig the separate elec tions in the county of Moore, apd to establish another separate ticction in ad county ; Mr. Slade, a bill to appoint and tncorporate Trustees of the Episco pal Caurch in the town of Edenton, nd for other puvposes ; Mr. lUyle, a bill to provide for bui'-Jing a new court house, prison :id stocks in the'eounty of Lincoln ; Mr, Lovvrie, a bill to enable-In.' 3eale, late sheriff of Me klcnbarg), to collect arreais of taxes ; Mr. Houston, a bill to enable Jas. Young, late sheriff of Cabarrus, to to collect arrears of taxes J 1 Mr. Uhodes,r a bill to amend the 1 !.h Kfrtinn of. an act 1ar the better arc of or ihans, and sccttnly arid ma- nagerncut'of their estates, passed in 1762 ; a 'bill ..to amend the first sec lion of an act-to explain and supply the deficencie? ofcertairr acts, rs peclirg salesmade by Executors and Administrators also the 5th section f fin net concerning proving wilH trrununv lettturs of admintstra- lion, &o smd a bdl to amend the act for the better observation oi me lord's dav, and lor the more efTeo tual suppression- of vice and immo j ralUy- .... . Mr. Richardson, a till to repeat the fourth section of an act passed in , 1773, for the better regulation of i "Elizabeth town ;. -Mr. G. L, Davidson, a bill to au thorite Hohert Worke, late shentV of Iredell, to collect arrears of taxes ; Mr. Webb,' a bill to empower Mi Wjah Gainey,; late shcriif of Rich nvond, to to'llcct arrears of taxes r Mr, R-Williams, a hill directing where the lower separate election in county of, Ashct Shall be in future Received from the Senate, A bill to establish a separate elec tion in the district of Woodstock, in Mvde county ; and a biU for a sepa raV t-lection in Rurke cbunjty. The 'resignations of ArtljurWig ems and Lewis' 'Daniel, Lieutenant- colonel (Commandants ot tiumax cuiw ; and'-df 'Leonard Henderson, 1st Major of Lincoln county, w-e accepted.. , i ., Messages to the Senate informed that body of the addition of J. G, Wr right to the commiues on the: (Governor's mc'ige ; and of Messrs B ii-ringer,'. Walter, Law &M;Guire being added ko-.the committee on lYv. rcc unci Alimony, , . , message to the Senate piqpo consolidation of ai! the bills ::. ... :j , -iiiir the collection of the ar- Wednesday, Not. 2l. Another member appeared. A message to the Senate propo sed add:ng Messrs Boazman, Lincj say k Wynn to the committee U Whi.m was lelerred the bill regula ting pilotage ; and one from the Seri ate proposed to acid Gen. ii. bmiui to the csmmittee on divorce alim jny. A message was sem to the Senate, -adding the name of Gen. 13. Smitn to the nomination for a Senator to Congress. Mr. Barrett presented a bib to alter the name of the town of Car thage, in Moore county, to that o fagansville and I.inHp-v. a bill to aiter tnc A. - - - " J J time of holding one of the separate elections in the county ot Currituck and to establish two others. Received from the Senate, a bill ttr establish a Bank in the town of Edenton ; and a bill to prevent Hands and to artisnd the laws re spec- tin? Lrurnisiiecs. The second reaclu.g oi tne dui ior the more uniform and convenient administration of Justice, being the ordtr of the day, it was taken up and read ; when ' Ms. Cajikkon' moved the amcrjd irtehi.of h;ch he yesterday gajv.: the houe notice, vix. to strike iv. the wiiole of the Li!U except the words " A Bill," ar.d insert in its place a new bill ior dividing tile State into fifteen districts, making five circuits, to be called the Yatikin V Haw Rivtrr, Roanoke Neu u Cape Fear Circuits, contemplating ihe appointment of one other JOsde and one other Solicitor, and oJ)o- ing aaax oj uaou. tcijf wm iu n?.de against those who were un friendly to the bill. They' were Op posed to its principle, and the a mendmtnt proposed went directly to that object, if it did not it would be no favorite of hi3. The house had been told f hat this bill was the bill of the people. lie Had as much respect lor the voice ot the people, when legitimately ex pressed, as any member on that floor ; but we are often called to lis ten to the voice of the people, when they have expressed no opinion. What, "he tsked, was the evidence of this bill emanating from the peo ple ? fie saw none ; and he musr have some better evidence of tht fact than the bare assertion of the gentleman from Rutherford before he should be convinced of its being so. If the constituents of any mem ber hiid expressly instructed him on 'his occasion, it would be right to follow ther directions ; but when no such instructions were given; every gentleman ought to act actoruing to 'the dictates of his own .under standing. The gentleman lias said that this bill bud 6een unqer thr consideration of the people for a year past; but we all fcnotv how ittle attention is paid' to suchithings by the generality of the people. Be sides, the people having sent us here as their Representatives to nmkc bws, we' ought t pass eus j -ri i here were any memhei'4 who felt .femsf ive s bou nd in such amannei as not to be open to argument and convittion, he nuied their condition -.Willi these preliminary remarks, he proposed in a brief manner, to examine the merits of wi jtseiv system of 'Jurisprtidor.ct-.' Itna u make sm ivrviai'k in iu.vo,ur ci the propcsd amer.dmc!:t. Il would be rrcoiler.tr. j tha this system was firmed in the year 1776. And when we ' cnquiie who wen the. authors it we shl! find 'they were some of th most enlightened irul ifirstious Patriots and Stesmer that over were con vtned in North Colina. Ouy-ht we no: then, to he sitate, before we venture to overturn the work of such men, who were at least as enlightened and knew much of mankind as we do ! They did not think ft proper to carrv a Superior C' Urt into tvery county, i lhey devised a plan whicii placed. nigh and low, rich and poor upon rendered it expedient to encrease the number of district, let this be done. And for this purpose the present amendment is intrbdused, which, at lha same time that It bnngs Justice nearer to the people, still retains the district principle which we-cherish so dearlv. Mr. G. was willing to admit that the classic fication of the cu nties might not be altogether correct, this might, how- ever, be amended 5 ana pernaps some better provision miyfnt be made for the payment of Jurors though the mods pointed out had met the approbation of those whom he had consulted on th occasion. It vould be observed thc.t the friends of the amendment had not lost sight of oeconomy in their plan. Only one additional Juoge and one Solicitor being contemplated. ' Mr C concluded with observing that he should decline comparison j of the merits of the bill with the pro- ttosed amendment, as he tett some what indisposed, and as he expec ted some other gentleman would do I it. He hoped moderation nnd good sense would ba observed in the pre sent discussion and prevail with the house to agree to the proposed mendment. Mr. Lovp.ie most heartily joined the gentleman from Orange in his last wiih that moderation and gaod sense might f pre v ail bth i in this and every other tlct)ate which might take place in thi&j nouse. i: pr his pa rt, lie enter tained the highest respect for the udents nnd character of the gen tleman who differed in opinion with him cn this subject. It has been said that the yeo manry of this country wish lor a change in our present Judiciary. other arrangement tan be made without changing the s ites of the Superior Courts, to make the plan convenient to the several counties, and a change of that kind vrill ne ver be agreed to by tlie friends of the amendment. Therefore no change could be made in the detail to answer the purpose of brinoinsf' j justice more tenvenicnt to ihese veraMouutits. r I is candidly confessed by thev gentleman from Orange, that it is the principle of the present system whn h, he contends for : and it 19 well known to every member on this floor that. many -of those whe' are iti favcr of the present amend ment, would, if it vrerecarrrcdf vote against the bill thus amended, and so destroy the bilf altogether , With respect to the merits of the oricinal bill lif t's nri A ' . I It is well upderstco'd,4haiagbcea in the hands of the people icr th last year He did not thjnk any. other mode could be adopted tliarl tliat of having a Sup-rior Court in cVcry County, which would afford equal and impartial Justice to tho people at large. ' Nor said Mr. T' is this a new orincinlr. If into South Carolina, ire shsli find the same thing in practice, and th people greatly enamoured with 11. 1 ne otate nt .,-r; u State of Penusvlvanij eoreia, iniiil ar rl K K' j heved sevtrl others, had adopted I the principle, apd he ceuld j see nothing in it that could have aa j mjunotis ettect cn the community v.. wuru StUU inat tne present court system .beine estabHf,hrI W . j. - . - w w r not the people of this country for 16 or 18 years past evidenced a desire tor some change in our Ju- diciary ? Everv gsnueman must recollect this to have bsen-th; case. This was strono; evidence! that there were defects somewhere, i ! tn, j ine lrmrs ot tins system miht I uc, anu nowever welt u rA, calculated for the people oftbst 01 cor i riety tusnot verv mnrh rK.. j . ,. . - -wu- thirtr asiiiinst t mean to a-cdg, any cf ; n at die correctncw.or ihv and that therein,. U nuritv ofthe-detisions oi our courts. I tn a - . c;r On the contrary, he. believed the 1 1 4 t- " c rl he same foot n r, bysdivimn th: Btte into a number of districts. jfljis. system has been in operation i- 1 trices have been experienced under t. , .Ail tna t can ue said is mat, in 11IC L?J CS, be pAid;jjy,.tl1e,paiy.t:iisif.f as fewsH f0r 3' y eats,- and but few Inoonveni v 4 1 J ... . The Speaker puLt.e-HSiial tjues iibnv kt Will the house KiQeJyff this amendment r r ,;- " "4 - Mr. Felix WAlkeii hoped 4thef-: house would not receive -it, asilie . considered it as an indirect, attiack to defeat the" 01 iina! bill. He had an uuer aversion to side-blows oi this kind. He thought if would be much better for-centlemen-.to meet the bill fairly jnd opf. The bin before the. house wa no cunningly devised fabte; it had been well ma tured bv the people sinceMhe last 'session of Assembly, and it rt mam- ed to be seentwhtthsr . trie ttquse culd not support it in preference to a bill of yesterday, born as it weiv out of due time, which struck aflthe ptitvciple of-'the bill on the "tubV; and which if agreed ti, wouUi destroy-all hope of making the contain . il a ted x h n Re- ift the ad nitni at r at ion f Justice. He h 'pe ?, theitrCbi e, the house would have firmness e-nouj-rh to reject the proposed a mendmtnt. i Mr. CAfKKON oerved, that il the gentleman trom Rutncriord had exercised a little patience h wbuld , have found th tthj friends cf thea menment m:-antf not to m.ke aoy indirect attack on ;his fivorite mea sure, but to adoptjthat course which hfe desired, by rjnetin the bill in a our courts may nave been taidr . m their dcif.ions. 1 P result or mucn 'unfiei5.t2uniima: ana corrxctlega1 knowledge. Mr. C. saTd it wouli be ounc es skrv for him to Vo into a detail of the laws e$'tab!ishitt the present j Judiciary. Every member must b'. well "acquainted. with these : an n one would be in favor of ."re vol u ion - izm? a system which he hsd not 'previously eamintd.'- In this sv3- is well guarded. What, ,sad , he, was formerly the greatest complaint against the British Government ? ; It was that they attempted to de prive the reople ot ih;s rq;ht by traTtsportin men 10 that country for l rial. i 11 :s uritiu system to be free from corruption. I it was generally alir wed, hovr- ever, that tome amendment is nc cessarj' in our Judiciary system ;' gentlemen didVr only ast the pro per mode of making this coi rect'ibn Will the proposed ameatirnent, asked Mr. I, ansmer the wishes of the people? "Will it remove the evils complained of? Every man who examine. it, must see it will not. What is the evil T It is that the poor man has to attend the Superior Court it a great distance ffroai ' hor.is at un expen'cc which he cannot bear, i his evd the a to maft a rnrfMhAi; l in the court system. And thought tne present state of the commuy may not call imperiously for tft3 change, yet the time is fast 4p proaehmg vvjben it will be absolute iy necesvary, and the legisUture. ought, m these cfmnSet not only whave :n viewithe present but hL ture state of thinas h . , e ! tms x ind is attended with same mconyenite, and it U C6 pessary, to make it in such a mani neras to give the least possibly shock to socr ty. If the proposed bill were to feo into operation, it wtud give no shock 10 the com- mumtv. ro th rJ ---- - ".uiuup ehan.2: I t . sy v.'iiat its op lien vrould he, but in die part ot the country with which lift to familiar, it would not afford the relief desired. He believed but a small nart of the people would I receive anv advautayfe front it. And ! if thz es-pence of the proposedplan ! . , 1 1 .1 ... . cousiaereu it-wuuju upci uic uu- f w uue me prescribed, Thfi ty courts would 50 on as usual. nilu 41 nomc oe lound, after the law had been in operation fc ome time, that Jt did not answer the purposes for which it vras inten- lfl 1. r Z ! - x.v. w.w. vmujj uiigui return to be considered it -would operate no- ) -Itc c'' W1-"IU l - c r u 1 ts former courscwithout nrdnr- thin"- 111 ita favour. As to the- - vuv,ptauc , , 0 r . r . 1 !mg any injury. salarv of the Judges, wnen taken V;-'. . . into consideration with the other T ccz .J? expenccs attending the Judiciary establishment, it is .. mere drop m the bucket. The expertec of ju rors to the present Superior Courts I is 12,600 dollars a year, but vVjiich, tvor of the principle which caf ries a uperiT Court iniry.; county, as the onlyjplan whicS caa jr a strong ground j b Q - d ndmentvwould !tn cialcarenvas taken H , J r,. 1. ... d of complaint,' spec to guard it aaihk abuse ih oVir con stitution. And geVfdelfrcn must ex cuse the fnendii'ot the proposed s- mendmentv; if iheyf desirous" of e- adxmnistet equat and impartial jlis ticc to all. t be neariv doubled. Il maUer not; tkr.wrj M,'hithfr tn? sneriu. mw. .ir . . . . yet jttavern-keeper gets it. r 1 tne The debate, -which was protract adiouritfneiu. will j Mr. Lone was CoUovf cd by Messrs. 1 Steele, T. X Mrtmv'Norwoodi . 4 1 v; A a. A H ft A 1 . -0 1 "IV 4 IT.. 1 f -.a'mtV(c. rxviA (tmta ,t.A'l1Tni?n K IS trie SIYIC j come aiLcr uiem, .uu ' nivtxiutmic n ; ; yupivn v wmwv uuhj au mjiv in Havourpt t lij'I 1 privilege;'. cannot give up the disMid he is. npt solicitous about thelfamtudroent, andbv Mesn. Tfby, . J".'-' jtrict principle, which, in their opi- 1 details otthe bill . That if any 0- if and Cochran in oppasitip toiuXf., ' iioiH is its greatest secuijty., - j thf r arrrang mtnt can be madc,hekMr. Low rie closed hedebW Waco:" j Vi? If our popalation and wealth have j iswUuugto acqjaiiCe ta it Nf lLh Ycsis iiud Havi were Uk&9&?y .ai if uxes into blf
The Weekly Raleigh Register (Raleigh, N.C.)
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Dec. 1, 1806, edition 1
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