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Oararetbe plant of fair, delightful Peace, Unwarp'd by ptrty rage, to litre !ik Rtethert. VOL. IX. FRIDAY, DECEMBER 4, 181C. NO. !'02. JUDICIARY REPORT. th Rrlrrt-Joint Com tick of ' '' w.f. mrt fi much of tt i MeMu?e o relate to Judicial submitted the folio? vEVOR T in the Senate a few days TilC committee entirely concur with the sentiment expressed miunication to the Legis- U'c lf mnniratinn to the Legis hi .4 that the defective organisation l-"-tn?.'. .i it.n nf the Judiciary, Judiciary . T i .k..:,. Uft attention, nr.d uiat a (1 .... fL. hest attention, nnd that a rli-man . r ..K.-i nrp ti remove these evils indicate a criminal disregard to the ! 'ints of the comtnunityrttch. fcfl Wizens as have heen habitually 0f our .xii'acji.- .... r rnf . .u v.. iu!Mriiim fit 1 UDtiC Innjf been conscious of the Ju!'re r romnhmPO Ot. i 'h- however, they have become o fci,iis s to force themselves. the no &e of the most unobservant, and to pro 5 ce from every part cf the State a call fir reformation and improvement. The committee will not attempt to point an the defects which exist in our Ju 'VmI Svstem. Anxious to perform tne J aiU tied to them in such manner as ma. be most useful, they purpose to bring MVr" the nrr f the General Assem h V in the r-rst instance, those ills which iW, h udlv caU f r redress, and tat a sia v (should their labors be V ored w-rh the sanction or xnsc inn thnm their power is derived) will direct the "attention of t?u- Legislature to others kss lira-;'. ,ax still deserving of consiae- v;t i . -' .. - ' J - . - ; . The ffilty crjraniz ition of tfie Supreme rlMirt r tiie Stptt- is the most prominent . t- - - , i i i f n 11 i he errors w nicn aitenu le of administering justice. With cur Hit i v, , , Uf. v!-(h-pssed 1'i vaih. If law be 1 '1-1 HI '.' ii.(r ed " A ci rtavi rvie oi action, cum- . . ' i i nvAhde; whHt is right, ami toi Diatiing a is" wronp:,1- there must be in every fu communitv, some Supreme Court of Judicature to decide cnclnsively on eve rvovestionff Law, to compel all inferior Uintts to adhere: to the same exposition f v ; t puhix will, and to preserve te h i'Civ.l C( nduc- permanent, uniform n - i niv-sl. Without it.no indiidv;d (an he ccrtnin that Tvhat is lavr to-day v.-r.i u d law to-morrow ;. or that v i a' is right in 1-is nvithbor may not be fedl- Vronj; in himself. Property EM hecrme insecure, and Jiberty itself eni!anv:ered 'y Piucuntin and inconsist tnt ..(Sjttdicutiens. Misei:tule is that ser vi';i :'- ere riijuts ;re ambiguous, and Ww ; jinkiiown. If the seem ity of pro . ir.d the preservation ot civil tree , q i v e t h a t in'e S u pre n i Cou rt sh all '- ' -.'. 'i-t-d and retained, with an uni er j ;kiv!iction over ieil controvtrsie's, - ciitv doubt but that the u-ouientous r.i." i . :" ;..s . '.trusted to this .onrt, -!jnnd have ! t i e sureties for their faithful discharge it -.isdi:m, leisu:e, impartiality ami 5rittgritv can fiirnisk? 'I he People have a vlcht toit;ch secunty. It is the bounden o,ty i their Representatives to prf Cute ir tor them. In the present organization rf the Siq renie Court, your Committee fed no hesitation in saying that such se CMrity is not to be found. They nust that thev will not be understof;d as imer.dir.g, c'nvctly or indirectly, to impeach the per ten d (inaiilications of the present Mem L-jrsof that Court. Such an impeachment would he as h reign from their duty, as it !' .ts repugnant to their sentiments, and tin- j vuTan'ed by fact. It is in the system, Hot U the men who adminbter it, that the Hot v. the men who auminiiter it, that the I ilud evrr.r lies. If the wtsdom cfi.a A - -,vi'i oc?. n w.v. "rsiiui .i m f ;kwncd.nian;com.eiiV'.by,.-bpjpo ltbnir," ht)W are they to acquire wisih m to vvhoia is denied all'opportuni'y of lei- j M-.r - I he Judges of our .Superior Court I ?s V.imm v dices, travel, trom athousand 'a .Ucen hundred miles, and are absent r'-r. limine twenty-two weeks in the year. Tueir heavy expenses and insufficient sa 'ire coini-el them, during the residue of '!h.- year, to apply themselves to ether pursnits which may aid in the support of i i umi'ues. Had not experience shewn Thf tuct, re tst n would have' taueht us. tVit it was iinpos'thle to ccnimand from j V ' ho have periormed such labors, 5c n,i(e ai' etition is thus distracted, that P; t:tnt l esearch and prcfi und investiga t n uhich are inquired fcr the cor rec 1:rn t errors unavi idable on the Circuit. L t it be remembered too, how much u d.lhcult is the task rf revision, when: " etr.rrs to be corrected are their own. i ne best and the wisest of men havs of t( a uj '.eplore the frailty of human nature, t'.i the bst.nacy of pre-ccnceivccl opinions, ' ' the tenacity of hasty iuiprcssi..ns. If t e Jat'ges, conscious cf this iiifirmity, it tor the fervor of the first cipinion to' " -1- endeavor in Uie cahuness of V -mes ic retirement, to rv.ew their for Kr th.ugnt, nn ,u examine their books r nahgous c-uses, a delay cf final judg K'fcM is the UM;iV ktaiile result, sometimes .' ,'u" r nidly ii jui itjns than an erroneous '' 6;nt. The tblenima. onranized in 1.1 -tioit me C-.uit uniivoidahle. UV 1 l X U r?1 dccivious with a proba 't l i rji , .i col lect judiLUituU after t'-" OUs U' MVS. "ith-Cuiwh.ia vet poi-csrs on the bench of her highest court, men whose ta lents co-nm and respect, arid uhose integ rity enforces confidence. When these shall die, or when they shall be compell ed as some of their most distinguished nredecessors have been, to abandon a sta tion, in which incessant labour is insuffici ent for the faithful discharge of duty, and i-frpivps from a rf'.tisntisfif-d Community - - 7 - , a penunons wtmprnsaiion, ncrc a. c successors to be found competent to sup ply the vacancies? Can it be expected that the most eminent of the profession J v'" be allured from a lucrat'v practice by scanty emolument and an oppressive service r Or must we he content to trust the best and dearest rights of our const i tuents to the CKstotiy of the second rate members f the bar the c arc of men, w hose honesty or whoc tale nts are less beyond the reach of quest ion ? Your committee believe that the princi pal remedy for the ills which we sufier, 3c the greater which we apprehend, wll Ie found in the establishment of a Supreme Court, aomposed of men of 'acknowledged ability & integrity, whose whole attention shall be devoted to the business of that Court The labours of the judges of ijie Superior Courts will thus be lessened, and their ability to perform those labours com paratively encreased. A court f -r the re vision cf crrois will be foi n.ed, whose de cisions shall command respect '.8c protluce uniformity. Every citizen will have it in his power to rescue his rights from ' the mistakes of a s;nj;Ie judRC, in a moment of improvidence and haste ; and obtain for -'them a deliberate and patient re-examination. A co-ordinate Branch of the government will be raised from its pre sent degradation to that dignity to which the " theory cf our consti tion entitles it. And the Law's delay, e of the severest 1 calamities -'for the trial of individual for titude, and rtuy if the most noxious of pub lic evils, will receive an cllVclual chech. With adequate compensation it is in i the power of the Legislature, to procure some our nest men ta pres.nc in sucii a i court; They may be either sele cted from I among our present Judges-, or called from . the bar. 'I he exjt ace of such an estab- lishmcnt, if the public interest demand it,. ; cannot fe an objection. The .Committee ! believe that it w.u!d be a libel ag diist the State of North-Carolina to charge her with inability, or unwillingness to meet the jexpenCe of guarding the rights of hei- ci j tizens, by a proper system for the admi- nistrativii of justice. She is not disquali- i i lied either by the poverty, or the niggard liness of her people, from exercising this highest function and performing this first duty of an independant State, in whatever mode niv be most consistent with her lio- , nor.r and most tV ducive to their. interests. The Committee beg leave to report the i accompanying bill, entitled, ' bill con- . "'-. -. .1- k . cei uing the buprt me Lourt. Respectfully snhiniit:d. Will. Gasto:?, VLxirmau. EILL COSCERXIN'C THF. SUPRUKS , COUI1T. . fie it enacted b'. the General jfxsemblu ,cth Sia'r of Xorih-Caroii.a, and i: h i hereby enacted by the autharitu- r.J it ; sawe That tlitre shall be atPit.-d bv (joint b illot of the two. houst oi this Cle ;cral Assenibly three Judges being men of 'Integrity and learning in the l.-.w, who tsoall be styled Judges of the .Supreme i Court of Tiorth -Carolina, shall be ' coni 1 missioned by the Governor, shall h hi their offices during... jrood Uthavior. and 1 shall severally receive an annual salary of the fi AV c -n(i to be paid half vearlv, and the first payment to ne made jin the last of June, one thousaixl eidit hundred -na nineteen. r ?'f further rvarted. That if hnll Ur jje u jun.ier cicctm, i nat i: shall Judges appointed pur antly to this act, and of their success su- hn orfice, to hold the Supreme Court of successora State at the City of Raleigh twice in every vear. viz. on the first Monday of i January and on the first Monday of July in every yer, and that they shall keep the j said Court open from da f to day, Sundays excepted until every cause prepared tor decision shall be heard and decided. Be it further enacted, That all causes of whatever nature or description now pending inor ordered to be removed to the Supreme Court, before the Judges at present authorised to hold the same shall be, and tl;e same are hereby referred to the cognizance of the Judges appointed under lliis act, in the Supreme Court to be by tlicni holden, and shall there be placed precisely in the same state cc con iliti n as that in which they now stand, or ought to stand in the Supreme Court under its present form, and the decisions of the Judges appointed under this act Jor of the majority of them thereon, shall (have in every respect the same legal ef jfeci and operation ; and shall be certified and carried into effect, in the same man jner, m all respects as though the said de cisions had been made in the Supreme I Court under its present form, and before j the Judges -now .authorised to hold the Be it further enacted, That no cause i shall hereafter be transmitted to tlie Su ! prime Court except as hereinafter pro vided, but on appeal of one of the parties ! hereunto, from the sentence, judgment or crec of a Superioi Court ; and that such appeal may take place in an;- cause, ..... . , . . either civil or criminal, on gi'ing bend and adequate security to abi ie the sentence, judgment or drcree of the Supnne Court ; and that such bond 'may be pro ceeded on in the same manner as in th case of appeals from a county to a superi or Court. Provided al ways. That no ap peal V.i all be allowed until a fin d judg ment, sentence or decree be allowed in the Superior Court. And provided also. That in every case the Supreme vourt may render such sc.itence, juxgiuent .r decree, as on an inspect! m -f the whtle -recoitl ii shall appear to them ought in law to be rendered ttiereou, and uay caie the same to be enforced anil executed by any proper process. Be it further -nacri. That in any case which now is or hereafter may be pend ing in any of the Superior Courts as a Court of Ivjuity, it shall and may be law ful for such Court, on sufficient cause shewn by affidavit, rendering such remo val necessaiy for the purpose of justice to order the said cause before a hearing to be. removed into the Supreme Court Pro vided, that such removal shall iv;t be per mitted until such cause shall have been set down for hearing ; nor shall any parol e vidence be received in the Supreme Court either before the Judges thereof, or th" Jurv whom they may cause to be empan uelled ff-r the trial of any issues of fact. lie it further enacted. That so much of any act or acts as authorises or requires the Judges of the Superior Courts to hold the Supreme Court, and so much of ar.y law as t'uay be inconsistent with the pro visions of tiiis act be, and the same are hereby repeah d '.iul that this act shall commence and be in force from and im mediately after the p issagv thereof. ANNUAL TREASURY REPORT Transmitted to both houses of Congrats, J 'v. 23. In obedience to the directions of the u Act sup;demeniary t the Act to cstab lish the Treasury Department,' the Se cretary -f the Treasury resiect fully sub mits the following-Ketxirt.and Estimates. The Xtt Iievuiue arising from duties up on imTi. rwand io-nage, ir,ternal dut.es, di rect tax, publ.c lan li, postage and incidental receipts, during the year ISI6, amounted to : VIZ . ' ' Customs 27,569,769 71 Internal duties 4 596 hJ3 C5 liirct tax 2 7i5,343 JO Public lands exclusive of Mis sissippi Stock 1,754 487 33 Postage and Incidental Jie ccipis 237.340. 53 And that which acrrued from the same sources during the year 1S17, am tinted o 2-1367,293 u3 CustoiTiS (see statement A) 17.547.5 W b0 IntcrnaT luties ani direct tax (siesta -nent B) 4,512,287 81 Public lands exclusive of .Mis sissippi stock (see state? m. nt C) 2,015,977 Tost ige aad Incidental eeip-s -512,127 3"? It is ascertain- si that the rrosvamount of. duties on me. c.nandize an l tonnage, which have accrued during the three first fjjiartrrs of tlie present year, exefeds Sl,t'CCf,CwJ0, and that the sales of the pub lic lar.ds, during the same 'period, greatly exceed, both in quantity and value those of the rriTCspondingquartersof the last ye ir. v The paj ments into the Treasury during the three first quarters of the year, are estimated to amount to 17,167,852 26 viz . Customs 13,401.409 65 Internal revenue and direct tax 993.574 36 Public lands, exclusive ot" Mis sissippi slock 1.875.731 20 Interest upon bank dividends 525,000 Postage and incidental receipts 49,438 19 Repayments, into the Treasury 322,703 86 And the payments in'o the Trea sury during the rburtb quarter of the" year, from the same sources, are estimated at 5,000,000 Making the total amount es- ti mated to h rereivetl into the i Treasury during the year 1S13 22,167,862 26 I Which, added to the balance in the Treasury on the 1st day i of January last, exclusive of ; S8,8j9,872 10 in Treasury Notes, amounting to 649,833 33 ! Makes the aggregate amount of 28,347,745 64 The application of this sum, for the year M818, is tstimatetl as touows: viz. To the oOth September, the . payment (excusive of 9,148,237 40 of Treasury Notes, wmch had been drawn trom the Treasury and c-ncel-led) have amounted to Si 6,760,337 C5 Civil, diploma tic and misccila niou? expences 3,289.806 Military ser vice including ! 5,62,2Sj rg- Naril serve, inchidinsr the permanent ap propriation ;or ihe-gradul ju create ot i he Na vy 2.33 000 Pubhc debt, exclusive of the 9 14 8.237 -10 of Treasury. otes, winch na:e been drav , out u( he Treasury und cauceii-d ; 5 41,7,7 eo : During the 4lh quarter at is est iiu-tei t! t the pMymeaiti wilt amount ta 0tA7 5,:Jj) :y: viz. .-. Civil (tiploir.a tic ?i niocclia neous exoents Military ser vice l,175.0'j Nava! service- 575,000 Publ.c ebt to ' 1st o? Jan. 1819 7,205.000 . , . Making the aggregate amount ofS,235,3S7 0 And leavlng.onthe 1st day of January 1819, a balance in the Treasury, estimated at 2, 1 '28 59 OF THE PUKLIC DhLlt lV The Pubhc Debt which wa cortractel b re the year 1812, and which ws unredcoj ed on the 1st day October, 187, as. ppears bv statement (I) aniountetl to V 31,835,788 29 Ry the same statement it ap--' pears that the fumled debt comracte.l subsequent to the 1st d;iy of Januar) 1812, amounted to 63,071,933 U Making :' together the aggr-. gate ainK nto: 99,907,721 43 Wh ch urn atfrres with the s atev.ent ot the inu edtein- ed amount, on the 1st du) of Oct ber, 1817, as per last report, excepting the sum of SU23 98 over estima ted, and winch has not been corrected by actual settle nient. On the 1st clay of January, there was added to the a ntount, lor "Treasury Notes brought into the Treasury and ca'iceiled, Sl Ibr which the following stock was is sued, ' 7. : la 6 per cent, stock 234 42? 19 In 7 pe? cei.t. sLocfc 99 019 333,4-11 )K) 100,241,162 53 From which delurt seven per cent, stock purchased in the fourth quarter 1817 332,985 60 And also the reimbursement of'old s-x per cent, stock, & deferml, between 1st Oct. 1817, and 1st Jau'v, 1818 00,c30 93 1,133,815 5S Making the publ'c debt which was unredeemed on the 1st J .nuary, 1818, per state ment ( amount to 99,107,346 95 l'iom the 1st Jnnuarv to 30th September, 1818, inclusive, there was, by uind.ng Trca- sury notes and 3 per cnt. stock, (2003) issue-?, added to the public deb , ai ap pear by statement 3 the amount of 73 795 49 99,181,142 44 Prom which deduct the a- mount of stock purchased and redeemed during that period, per s atement (4) . 415,993 BZ And also the es timated amount oi the final reim burse;!. ent of the old 6 per cent stock 709.312 03 And the esti mated reim bursementof the deferred 6 per cent, stock 230,401 7S 939,713 79 l,355,r07 C6 Making on that day, as appears by statement 3 the aggre gate amount of 97,825,434 78 Since the 30th September there has been redeemed,or provision made lor the redemption of a moiety f the lx)uisiana si ock,unpaid on the 1st Oct. 13X 4,977,950 00 Alii there will : be Mmbursed of -tiie principal of the deferred 6 per cent stock, on the 1st day of January 1819, ty estinute 252,051 63 . ' o 5,230y0U gj ; Tli ere w"J re"an unretlem j ed, by etint ue, on ?be rirst i dy of Ja .uary 18-9. the ; funi "f 92 595,393 15 y -tateront 5 the Trevajrv t .-- i.l .ctx ar - et n circulation, ari es." i:,rM'Hat. 257.5,6 CO By siaternt 6 i anars tha,th. wiioUof tlie a vnrds n U bv the pn.ni -itne s apronurd I'Kier l lit several act for m- dn ty-rg certu!a rtVua-.. am vt public lands aint-unt to a oi t ci t Ot wh.ch nim there ha l.een receded at the office of the Cf .njrmssloncr of the Ciet c r.d Land Office, as appears by stateaieni C, the mm of l&Z6,G8i 00 Lecvirg- outs' and ing at the elate of the mi ..... .,...( niiup min the Land Districts, the sum of 3&55.4G7 CD j It is proper to' observe, however, that extensive sales have been made in lv A 1 1 bam . Territory in the months vt Sepu ; October and November, of which rio rc . turns hae yet bt en received. i Of the estimates of the Public -Revenue and expenditure far the per 1819. ; In the Annual Report of the State of the I rensurv, ot tl.e 5th ,.f December, 1817 t; perm :: ent revenue was fvtimJt a l! j S24.525.000 per annum ; and the Ai nual r.At c.r.j uroaccordmgto the then ex tiruf rlaws, was stated at $21,946,551 7i B j ih actsot the last session of Co t ress, the i internal duties, tbtimated at S 5C0,00a I j er tnnum, wtre repealc!, . 'the I expenditure was augrr.eni: - u ..-ir iSlJ5,000,OUO. & ih.l ot .iie e.n- - bcsiiniattdatnot less than 824,515,219 7c". l ue ...ppareni ficit produced (bv these acts, ii'Ki in the apwlicati n nf nr... !... S2,500,000 to the payment t,fthe .ntfivbt land rc emptiou of the priucipal of 'he ! public de t, beyond the annual .n.t.mnn. ..tionof Sl0.0Ua.0C0 for that obiect, ha been supplied by tlie receipts i.to the Treasury on ..ccount of the arrearage of the direct tax and internal duties .md by the balance of m ne than So.000.CGC, whicli was in the Treasury ou the 1st dav of January, 1S1C. Tht se temporary sources of supply be ing nearly exhausted, the expenditure of the year ;19 must principailv dcjjer.ri upon the recup's int. the I'teasar. ir.)rr the permanent -evenue during that year. As was auticip .e; in the last Annual Re port, the reaction produced by the exces sive importations .1 foreign rn-rch ti.d Ye, dur.ngt .e years 1615 and 1816. cqi; red its greatest foice in the year 1817. It is presumed that the rev. .m. r.i,.v. si. all accruv during the present yeiir f r 'rn I : ..unit;, iut ji.iy-iu vciir !r n j j imports wvX tonn ige, may be c r dered i -1 - . . an.i.iji muiouui wnicn v;i. ie an nually rcccitcd from thai source f die revenue. It is ascertained that the bends la sen for securing d-r.ie.s whaji were . utst x.i l iug on the 3?m day cf September , exceeded Si3 000,COO; and the receH? into the ''Treasury, from that source . f rcvenuedunng the year 1S19. is estima-- . cd at -I S2i,ooo,or.o ! Phl c Lands its0o t Direct Tax arid InteTal n;itle3 750,00r) Dat.k Dividends, ai 6 per cent. 420,o00 F.rst pay ment of B uus, due by the i Rruik of the Uui- etl S ates 500 CiCt) Postage and incidental r.pt 50 0t,0 A mount ing together to g24.20,000 Whirtt, added to tht balance in the l reasury on the 1st day of January, 189 estimated at 2,112,103 54 - Makes the aggregate arr.'t of g26,22,403 59 Thl nrohr.hl" ni?hnr.r,l t. mands on the Treasury, dur ng the e. r 1819. are estimated to amount to 24,515,219 Tj ViZ. C:vil. liiplomatic and miscel laneous expenses 1,519,336 31 .Military-Department mclu. j ding the Indian Department, ki ni-.k iiiiii.ii aiiuiiiii vs, in; hl,iry and revolmionsry pen sions and arming tfie m.lnia 865 252 85 Navy Department, inc tiding gl 000.000 for the gradual in-' crease ofthennvy 3,802,48'; 60 Pubi c Ku hlings, nd fur discharging the tleinand-otth rontractor for maicing Utc Cumberland road 326.644 Public debt .0,000,00 For build rcusf cm hoifsrs ami ptibUc w. tehouiesai Nct Orlcar.s and othfr poris lOOOUr) V1iich, be'ng deduct ed f cnl the amount sumaled to be rv cp veti into the treaftiry, indu cing the baUuce cn die 1st d ly of Januarj , 1819. leaves a ba lance in the Treasury, on thelt fUi. nttniiurv TX'il. Cfnvfrteo c vj v.. jQ ll,IOJ O.4 In presenting tliis estimate i t l-rceipts for the year IS 19, it is i.ecessar v p e mise, that the sum to be leceivtd Irom the ctisioms is less than what, from the amount of the outstanding bonds," would, under nrtlinary circumstances, be receive ed. The amount vf the sles t. f public lands during, the last yeir, and Jie i m
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 4, 1818, edition 1
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