The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1841-02-04
( NUMBER 10.

graat Wits Of Injunction, Ceriiorari, Re.
corao-i ard Habcqs Corpus. TO this |
ausvet--that in all the cases mentioned,
bat the last, relief can be had by preparing
the papers and sending them by mail even
70 the most distant part Of the State; and
in al the cases, thy three judges Of the SUI
preine Court have concurrent power withlhe
seven Superior Court iud.as 70 grant thugc
extraordinary wrlts. With these zen OH
GERS scattered, not always rromscuously,
.iur ccteEis paribus, his location Is always
more or less regarded ID Tic present modcJ
there is 10 great danger q extreme hard.
ship, Be remembered, also, tia, there ,5
already Tribunal for granting Tie priv.
lego Of bail; 10 wit, tie examining MagIs.
.ra,es. Ii they DO not execute tbelr Office
over rigidlg, there is no necessity for the
application. Docs It not comPuTt with the
observation of every gentleman present that
these officers, are prone to the side of meT-
g Is not such the clso even 10 q fault +!
Let gentlemen .gst consider how rarely
case OF hardship occurs in fact. y hen has
! it been seen that a man, obviously moi gull
tstA2 tN a. itt5A7AN Dlti III ifsAl NhoN v
Haeistra'e} And when has il occurred
that even IN such case be has suffered OPP
preston Ioug for want Of Judge TO exam.
me into no case Of dptaincr II such vi.
+, toward occurrences 10 happen, they are Ger.
ialnly very rare and ought not 20 form tho
basis Of legislation. Il is wrong to reason
from oyirore cases, but it is oUt Of the
question 10 make experiments upon tho
vital part Of oar Judiciary, lest few poor
and respectable manslayor3 or house break
crs may happen to stay in iai! few days
longer than they deserved.
+ But there IS another feature 10 this Bill
which regard as peculiarly objectionable.
/, is that witch enacts that non removal
. .ata tie prescribed Circuit, or a removal out
Of it, shall amount 10 g nal administration
Of judicial lunc,ions.o Sir, find tbs word
mal administration 10 the amended Cou,
stl'aioa EiseY. Stat. 23) Art. I'll, Sec. lst.
" The Governor and judges Of the Supreme
Court and Judges of the Superior Courts,
aud all other officers Of this State, Except
Justices Of lha Peace and Militia Glicers,)
may be impcached for wiituiIy violating any
Article Of gAis Constitution, NAL ddmilistrG-
tjoa or corruption" find also in the next
clause tha. the Judgment prescribed on i'm.
parchment, is removal from office and dis.
qualification, :" but the party convicted may
aeyeriheIess, be liable to Indictment, trial,
Judgment and punishment according 10 law"
Sir, it's palpable from this connection, that
the ma! administration for which an i'm
parchment would lie, ought 10 be something
mqla0 in she something involving de-
parture from good morals or honor, such as
bribery, false judgment, Partially, syco-
phancy and insolence. 10 shew that avn
right "A this, ask gentlemen to turn 10 the
onah prescribed for a Judge, Revised Sta
ltu,es, 4a3 A. they will see that he
swears 70 " do equal justice to all persons,
rich and Poor;o that he " vii not take any
fee, g'0t sratuiiy or reward Whatsoever >
th1s be viii rot " maintain "any plea or
quarrel g depending in SAID Court" but
Wi. Ct tait1tajiy, truly and justly y do equal
aCd Impartial Justice to the public and ndi-
yiJu4is,o Can any one doubt the nature Of
The oGeaces, that were intended by the ma.
hers Of this instrument, to be made impeach.
able mai administrator | will not moot
The question, whether you have the power
70 manufacture impcachablo crimes out Of
harmless acts but will say, you ought net
10 do il. Il is an odious policy 10 be Great.
ing new offences by statute. In the present
case, it would be ridiculous il would DO an
odd slaa, to see q Judge hauled up before the
Senate fer doing that, which every animal
yn the face of Gods earth has right OF
doing, except beasts Of bur,hen-the right OF
locomotlan, and especially the instructive
right Of fleeing from Danger Sir, may be
misjnlormed, as 10 the -insaluhrity Of the re.
gjons into which you are endeayoriDg 10
force or corfne our JUDGES, but if | am, the
fault OF error is in part with the advocates
Of this Bill for the other day, when we had
the bin to fix an uniform day to hold tho
Elections throughout the State, VIC have
not forgotten the strong appeals the geRtle.
men made 10 US in favor Of an early day in
July. The gentleman from Northampton,
IN particular, drew picture of Autumnal
fever that had well nigh put this House in.
TO an ague fit. Give US the earliest day
possible said he, that we may throw in our
votes aud split for the mountains, lest the
saffron co.ored iiend shall lay hold Of U.s.
Uopromisng and forbdding as tins account
is, it is nothing to one which derived from
a gentleman Of that country. As, however,
me was at the moment shaking with hard
ogue, aud was cOrsing bilious fever with
his teeth clenched as close as he could get
them; some allowance, | presume, should
be made on the score of spleen. Sir, said he
to me, yoa have no idea of our condition
about the dog days. You may 90 into q
Pocoson on sun shiny day, about the close
Of August, and you may see armies Of the
noisy tenants Of that region, each ensconced
on the South side OF tussock, roaring
out with fearful eyes and a swelling voice
-" CALosIEL -" CALoMEL y" CAIo.
MEL !" while the smaller generation Of suf-
fesers will salute you an octave higher, with
I 81 D,,;a;no - fltjniue 10 &c LD,ininp ~.