. - ..- '-. . " " ' . . Y : v- -AS 1 J" Unwrnp'tl by party rge,toli velikcbrothca Monday. J vlil. ANUAKf 19, 1S07. o 82. 31 Gazette ; DEBATE JUDICIARY BILL- the question being pat on the bill ajmencl ing thr Judiciary system, passing v cpnd reading, C Continued front ovtr last. J Mr. Cameron was not disposer to doubt the joyful expcciatio vhich the: gentlrnW from vns o entertained on account of the Ipsii: of the present question. But tpefov the vote was taken,, he wustj tak- leave to submit a few consideration. to the hoise. ! Though the gem!emen in favour j ...of. the bill had called upon jthOM pposed to it to meet them in iarjrts jnent on the principles of the hi't yet have they studiously ayoi-'t. givingunya swer to their arguments, but depend upon their majority c c?ry their point. They say a few district toA'ns get all the benefits of the present system. Will gentle meuon this .account, destroy" tht prt sent system ?"Do they mat- ly administration of ju.Uice a pecuniary anatr merely ? By the. p'opf system, i( is said that other parisol the State will come in for a share of these benefits. And ho v will -hi-. advance1 the 'Administration of Jus iicc ? Yet this is the ground wl".. r. the friends of the bill have taken. They . tell you the profits derived from the courts by the district towns must he dividepamongsi them. The gentleman from Anson, sr. id Mr. C. has brought the '! sample of S. Carolina to his support. While he turns his attention :to the south ward, let him also look to the norh, to our parent state, Alrginia, from which many of cur muxim of policy sire drawn. What is the Judiciary of that State? Hav :hey pros; rattn'. their county courts, and sent thei Judges galloping round the country to nold courts in every county ? -'hy have c.-abllsh- id the ' district ftrinciile no feature (f it ir changed, so dearly do 'hey cherub it. tYei gentlemen tel us ve mus close X)ur eyes on that quarter1, am open them wholly to the soutli. He' prayed gentlemen to lock where there was something worthy of imi taction. Virginia was certainly as respectable an authority as S. Caro- - iina ; but unfovtunately, we arc to apt to copy her vices and not her virtues. ! , The gentleman has hailed the cx pected passage of this bill the 41 second political regeneration of the State." Little did I expect (si: IVlr. C.) that any gentleman of this house would have attempted to en list the poli ical prejudices of mem ber i in his favour. had hoped the gentle 'hand of Time had worn cut the divisions which ;mrked po litical parties. '"If matters of policy were to: be tested by political opi nion, we should introduce the second reign of Robespierre, He deprc cuttd such language as unparliamen tary and unworthy to be used in that hr.use. If our Judiciary' was to be effected by political opinion, it would be constantly varianv. Where as that ought to be permanent, whatever political opinion 'may be uppermost. Ii should ever be the , rock of Our temporal salvation ; ipon the present 6stem u might test with security, as the anchor of 'our Safety v yet the gentleman ealis up on this house, under the influ' nee of Republican principles, to destroy i t. Mr. Troy explained. Mr. said he was unwilling to attribute any sentiment tothe geM tleman which he disavows ; bin why hail the Reign of EepublicsnUm it" htrdid not mean it to have an ef fect on the, house ? Mr. C. called upon the house to recollect, that the gmtlcman said that the United States has set an .example in the alteration which ' they had made in their Judiciarv, v though the reasoning dots not 'apply-, as tlicconstitutbn of the U. States ar-d the constitution of this State are different in respect to the. Judiciarv establishments. iIr. C. read .aii extract from each, ; - II e was astcmshed to learn tha the geiJeman Iron Anson attribu ted a biiief to the friends of ihe pre sent spt:m, ibat Jhere was nothing; iltiablt; iiiine conbutuiion but v.hat secured therihts of the d i strict owns. "VVas not Uis attributing; notivesto gentlemen which would honor them ? No, sir, (said. Mr. !.) we, do pot value th- constitution, r the'.'ptesent Judiciarv system, rcanse it grants bctitfits to the istrict towns, but because v gives s con titut:onat curts and consti utimal juries, which, equally pro ct he weak and the strong a uce which . nothinK but the arbiti a v hand of power can ever destroy-. Mi'.'C- proposed making a lew jservatioris respectinpr the trial by iiiy, both in respect to .criminal and j ivil rases. It is necessary foi the security of; riminalst that they should be con. j V.ed in &uhst:.in;ial j-'ils In this! :!! it ii contemplated, tht all crL j .inal trials shall take pla.e in the i ; unti s where the offence is com-j iviuA. excrot sufficient reason can il . - n ICr.-.d to the court for a re - j. .ov,d of the trial to an adjacent -uuiivy i Supios a man commits the enoi nous ..ffence descubed by the en 'emari fiom Scdi-uu-y, or any other :f a capiva! nature and is confined in j a pahrv insecur iail in the bosom ! f his friends. Can it be expecU-d j I : )' vy a myjorny as an that this man will tome to trial ? No,feVts without answering the ob- j nis friends will liberate him and he!"JlIO,,! w,c" aic "rfieu against, it iil tro. U'iounished. This cannot Ue ;he -case 'when a criminal is con- ! fined in an effective "rail iUTt t n !, 1 fA Vw . x t-1 f huo. nn i in .ccted wi h him and not disposed toll o.pcurc hi escape. The gcmltmjn from Anson 4ias aiu, tnat ne same event mignt !e j ts iikely: to take place, under tlie j j .resent arrangement, as under that' pn post d, in respect to a rri'Tna! I being tried by his frirnds. But I ok into this matter. Tiv vhVi iff n .ounfy ir, gcr.r rahy cho.s . n fr n. (.. : of the most o; ulent fan die-. Whsnj one of his friend- is bi-u!.t b. f -.el he court, does he not know v. no .o': return most likely u g:v a Javor- ok judgment : tie has, perhaps, ! -ceived b-.m-fitslfrom the cose i cud returns them in I.Ms v.i.y.i Would thiM be thr case .ourt? It would not, t!: would Mimivon t lie ry;:: ei . OlS I I' ' i. n f : .uie c i know " i izens tor lU'.'tjrs, out edt-e of theii convct'n) o' ;a: i.'di- ies for.r ai:airist anv pvrsiwi upon j! vhosc tr;al they Would have io sit. ij -5 it not ihen, v. iv un; rtanl : r.at this trial by juiy should !e preserved ' I n it. puntv : 15ut il the urt.Si in i 'ill pass, it wi'lh'e r?i:"'n-it in-rh. power of the violent to ft us! 'ate the 1 enas ot justice ana trample on the laws with impunity. With respec to civil cases, it is ne sub'taiicr and not the form of y jury tn . I that is vahiabn-. We say. his bil! prtsei ves the form of the rial by jury, but. that it cuts up the 'principle by the roots Why do parlies appeal from the decisions ol the county cruris ; at prsent? Be- rnne thev eTvji-i thi-ir rnnsf tn !.. judged with impartiality in a stipe- j rior court ; but under the proposed system, you would appeal from the same persons to the same. Suppose the caKe of a poor man oppressed by his rich n-ighb'.ui who, by me ns of his iniluer.ee, gets a verdict in. the countv f our.". What can the poor man do ? If he appeals, he has no pro-p ct but that ef dcuol.i'ng his costs, without a chance of redress. If, then, the j right ol. trial by ju.y be not well se j cured, will the house make an ex.. I a k - penment witn precipitancy : lo 1 t ft , - a uo so, woum o'e acTint; nKe a man who should discard. set vani who faithfully served hinifoifthirty years, and take a stranger into his house in his stead. -The friends of this bill have ac idised those opposed to i's princi- ip!e. with attempting indirectly todc feat their vit-w . We'ay they have i never given us an argument in sup port ot it. W e oppose it, because we see in it principles injurious to tne com mun ity-anaa in ctotng mis, we tviixke no attempt to tnlist any prejudices against it. i With rcr.pct. to the unconsiipj Mrrnality of his bill, from its pro. vision to appoint illegal Judges, he should say nothing upon it, suppo sing that that prt of the constitu ion which d"nec's the manner ofc Happokiting Judges was well ucidcr: stood. H did not suppose 1t woutcf have been contended in this house, that any other Judges than constitu tional Judges could be ;prointd ; f but the bill on the t blc contem;;la!t s the appomfmen of Judges for three years a-t the end of which time, if the law Ue not re-enacted, vou will have to tell the Judges to descend from the bench, and mixagain wish the people. This wouhi be uv con stitutional ; for, jf once u J if is appointed, he is always a' Judge, except he be removed from office by .impeachment. And if t he Judg- es 'c.ppointtd under this law are un constitutional Judges, how can wc answer to the people for the dcci , sions which they shall make ? We might, said Mr. C. as well seiec? two membcisJ;om this house to go ; try causes. C.-beggi-d the st rious attcn- oi me nouse to this important question, lay asile all narrow prejudices j i w im o mnrnt hjij'T aiut them in respect to it. He wished each man to ermine fm himself, and to lav his h;Kt upon his he-rt, befre he vives his vote upo-. it, disregarding th: a.;ien;pts v hich are made to i 1 1 ... .. t t . -J.1 cver" ll,cnilJU' recotiect mc re- SF ontibility which he owe to the It .-f .... r1lle Wi'. M 1m in'.l I. ..ifl .- mbracs of a stranger, whose I i I r . f iTi"iri.1.i'il i. .n ? thac he com-s irosii S. Carolina ! He tLd not wimi to be thought sci.piicai; out ne mil t : txcu-eu if fit ft;d tin' believe tha' the bill be U.i ti.e h(v;-.e containud the whole of the sy-it.n of its iriends. He (ion;it reti it merely as a stepping- i f Vjne lo a ict'i nliich ihe p. ople of .r not nr?trvd t.- t':Cr'i( . l H' t'c'kl IS (said .v n, be poluu al fab. it: of djsi'.ovtd A:.d ''" Sta'e v ;tn ay, in.it o!:r systent j v. ,;c t lac t, that it ouiiht io be .l OS- ' i. 1 1 1 ai)ic.;'("e(! r Ir is in v am i..t :iie government cm , oar s. Th- whole was ! - o jit and work lo!-eth ,-r, aid j if yon .ake -way ay of its uarts, you .'t :v.ry the v.hole machine. tt. t... conciuued, oy ousernng, ; T.ho o r.n'josed to this b It had what th.y cor. ceived a good hbs.dui lor it. Maoy gtutl .men d ai.irst 'hat, becaue they V'-U: dci. i mirto to vote against the vVnolr tit ir.u.t row, saul ne. upon the bill it' If as it stands j a':U h c;t himself bound to give it ins decided negative. Mr. Low me rose in support of ne oiw, aiio it 'S-wi-veu uiai an me co j, ;o;is ur'ed against the mode of seieclifii.i ( lie turv Drono!eu, were jury ou idcd on the turpitude of th hu mao heart, and on the supposition ha tlie ius ices who appointeti the 5 iuror-, .'n the mrors themselv would act ccruip'dy. Mr L. again renin: ked on the constitutional ob jections nu.de tn the bilk and repre seated urom ; s havingno foundation. Mr. Norwood agreed with the gMitlemi n oppo-ed to the principle of the hill, that it is unconstitutional, tHe cons itutiosi liaving provided in express terms, that Judges shall hold their offices dining good behaviour, ami the bill contemplating their ap pointment for three years only. before gentlemt-n take this step, th- v ought well to con.ider the hnpor tant nature of the constitution, and that the smallest breach of it my?lvt be brought into precedent from lime to lime, until that valuable inst ru men', which is the security of ev y thing we possess in life, be totally annihilated. On the subject of jurors, he had only one remark to .aU to what hud fallen from the gentleman from O r ange. Under the act of '77 ju or- io the supeiior courts, were directed lo be. appointed by the county. courv experience evinced that coirupHol( "might be 'practised -tinder that regu !at;on, and therefore tha.1 act war, amend-d, and jurors were directed 40 be appointed by the courts by tuil lot. This method is abandoned b the bill tinder considerat:on. It i kuom sa-d Mr. N. in what manner fj floors ?re appointed, and thai h i: ea-y f(v --a designing man to --appoint di a jury; as 4e pleases, Ms?. It has been said by the gentleman from Meckhnbur, that most of oat arguments are founded on the cor. ruption of human nature. That i' is greatly corrupt must be admitted or why so many acts to punish crimes and prevent fr :uds ; and tho' he 'had the highest opinion of the great body of the Justices of this country, yet Tvi had no doubt that there are many in that bdy who act corruptly. This bill is objectional (said Mr N.) on another ground. It will hate the effect of destroying private con tracts. The contracts at present subsisting between the councillors of the supreme courts and their cli ents. This law wilfekoneraie ecu Ciller from a contract enter d Into with his client, as the case win now be tried where he cnflot ,' at tend. And his alone would sacri fice to tie citizens of this country from 20 to 30,000 dollars. He objected to another clause in the bill. It was that which respe? t ed the removal of suits. The bill h rrrivizrJ- vl-ifr Mflift r5rf--1 shall state, on oath that they havt good grounds to beliere they cannf t have justice in the court of the'eouo ty in which theyreside, that th cause shall be removed. The caus; of removal rests in the opinion and bcliefof the party, he is not required to state the grounds of that opinion and belief in his affidait; and this will afford another opportunity to ; the wealthy to oppress the poor i'or when a man of this description is not prepared for his trial, r ma ejve reasou to suppose he will lost his caire, he will, on tome pretence remove it to anothet county. Wherefore, said Mr. N. has th gen le man from Anson attempted to throw so much odium on the dis 1 1 jet towns ? That they form a strong aristocracy in the state an asser tion, than which nothing could be more unfounded ? Are district towns attempting to pull down the institu tions of their ancestors, and pros trate the works of the patriots and sages of 76 ? No, it is ihat gentlt man and those w go accord with him in opinion. -Might we not reto t on him, that he is actuated by that mad spn ol innovation, woich oTertnrew all the vu.jable institutions of the French Republic, destroyed the li berties of its citizens, and fixed pn hem the chains of slaves, by esta oushiinr orer them the absolute go vernment of Bonaparte. . Why has the same gentleman said so much about tha profits in th district tow ns by a few inkeejtirs and merchants ? llow do their profits infringe the due' administration of j justice ? Are these profits, under the proposed system, to be distribu ted among the people at large ? No, they are to go to the tavern keepers and merchants residing at the county court houses Might we not retort on that gentleman, that he owns properly at Anson court house, and that the passage of this4 bill will have the effect of greatly in creasing the value of that property.? He had not advanced a' single sound argument in f vor of his darling bill, but had constantly- exhausted the time of the home in' attempting to throw odium uprn tfi? district towns -nd their" representatives. ""-N Upon ihe whole, he waAH to the bill in principle and th ttctaii. Mr. F. Walker said he did not I intend to me on this quesiiitn, had ny of the friends f the bill fully ex pressed his epr.doti ; but s .mts rea sons occurred to his mind which has; not neen noticed in favor of the bill lie wo jld endeavour to state them to the house in a plain munner. and not go over the ground already beaten. He would first take a com prtive view if the two systems ihe present district system, which la . ! rs so ni;niy exaiteu, and tne one on 'he Uble, which contemplates the extension of that system to every county in the state. Mr. WT. said the state oF North-Carolina, accord ing to the last census, contained e .r half a million of people, a ma jority of whom he considered must be subjects, of judicial authority, in vinch state there is eie;ht superiors courts to accommodate tnat numoer ;f people. These districts are the arViest?in$'itutiojn in the state, and vvnen founded, w re salutarv an' - - i convfcuisnvaud adeuate.to anawcra all the necessities of the then ixisU . .'tug state of society. ; He not know of any new district bein licl 'off except that of Morgan which was made about 23 years n go, and he believed there was as many people now in that district, as there was in the state at the time the .district courts were first construued : and yeu ir is qontended that the present district courts are a sufficient rtme dy forall thelKompiaints of th rnul-. 'i plied people. Jl has" been stated, . sir, that the present distfie' system vas the result of the wisdom and .po licy' of the patriots of I he yj?a 769 (rom' wdiicji we ought not to depart, that a jdepariure would be a direct .in"-" novation on the judicial syttm, un hinge the connected "principles' of that system, and dissolve the bonds . by which thev are united If this position be true, that we ought not to depart from ; he institutions of the" patriots of '76, it will be so at any future period, 20, 50 or 100 years hence ; the same principle will lead he future a well athe present ge.vl ncraticn, and thereforSe no'impifve-i-mtnt can erer bemadd in our judi- .i.d system. This :s certainly not rrect reasoning the nature and- liberty ot our government requires, 'hat every generation should h-gis. ble for itself. Ctn lmen seem to mistake the object of the bilh.oa ' your table ; it is not to detorm of liter thcpresent principicie but to b ing it home to the people ihat is to say a superior; court to every county. What is thedanguage of he present superior c urt y- mf ind what does it liold out to the ci- izens ? It calls upon tne suitor tor come 2Q. 50 or 100 miles to court, trough 'cold nd heat, w et and drr, ther you have n oney or no mo- vfobcar your expenc.es, you must? come and vou shall have justice iip ;artial!y no doubt you wilT gel jus uce impartially, for we never doubt ed the purity of the system.) It . alls upon ..witnesses in he same mandatory (tone, " You must-comet vou aha' have your dollar per day when you .an'get t. and for non-at 5 tendance you shail be ftned according ioactof Assembly." Juroa-s are" also under the same penalties. It wasiapnee considered a great privilege for the poor to hare the gos pel preached unto them ; and is it not a p.riyileje although of an infe rior nature, that the poor have jus tice administered unto them. An honorable gentleman (Mr. Steele) read dome documents yester day in support ol the present system I tkt. tlie liberty of stating some facrb, w Vich, altho' not a thor s d by . .n officer re ord, are not the less true. On my way from Uith dWd to Morgant-.n last superior cotlit, I sw a wag gon going up focwur with j a immbcr of infirm and decrepid wit i nesses, who were unable asI suj po- Itcd to iro bv sny other rafean's.- "X th hetrd witness called iid fin.rd' itccordi, m to act of Assembly '; I af terward taw the same mn in the frostier part of Buncombe county, where he lifed, 100 miles from Mor gan ton. I asked why he did net at tend ? He tdii ine he could nof--Thtse, tir, t- ome "f the effects of the present boosted system. I will nc gie reasons why I think tlie present bill ought to pass tato a lew. . First, I believe it is predicated on t.h will of a majority tf the ciizen nd ha been supt ported in the clasa raou highly en terested in the government, an i ac cording to the true principlts and policy of our republican system,' the Vtl! of the people ought to be th'e law of the land ; wer ve to deny that principle, ordeoy the people the first right of dictating for themselves, wo should become ths tyrants and not the reprcscntatiT8 the people; A-. i;am, sir, the bill on the table pre serves all the powers, authorities, 'privilege's and purity of the present district system, and sa diffusive in its effects thst it brings tht highest tribunal of justice to every man's ,ieorr that is, within his county, re- medias all the evils and inconvenien eics m .the present district syttttn so highly cemplained of, a' d embrace all thos objects of convenience and accomodation to ihe citizens, ,-rhich they h ve a riglit to eiijOf- ff j would- find another reason ior-pasyDg ! this bill, were w.e to txmyprfozp' t ;t - jj s9'rc oi te gai . miormaitqi , , v-i- '