The North-Carolina standard., 1844-12-18

i Mr.. washington, from the COmmIttee on 1pteK-
nal Imprp reported unlagornbIy on the bill
! ID appoint Commissioners 10 lay of road in
1 Wilkes SAID bill was read the second time and
rejected.
4 On motion OF Mr.. Cherry,
Resolred, That message be sent 10 The Sen
ate proposing to raise Joint select committee OF
four on the part of each House. 10 inquire into the
! insolvency the Raleigh and Castor Rail Road
Company, according 10 the provisions oflhe Act
of Assembly Of Is40-4I and that they be instruct
ed 10 reportSas soon as Fracticable
a greed to by the Senate.
Received from The Governor, the Report OF the
Board of Internal improvement for the year 644,
together with sundry documents and exhibits ac-
companyngthe same.
On motion of Mr. Cherry, so much thereof as
relates to Rail Roads, was referred TO the Joint
Select Committee on that subject, and so much as
relates TO Internal Improvement referred TO The
Committee on Internal improvement;
The bill concerning Shcriffs and Constables;
the bill to annex portion of Rutherford county
TO The county of Nc Dowel; the bill to extend the
tire for registering grants &c; the bill to amend
the Revised statutes concerning Clerks and Reg
isters. tamended); and the resolutions in favor of
w. L. Bain and Henry Addineton; were each
read the third time, passed, and ordered TO be en-
crossed
| The House then adjourned.
In SENATE.
! Thursday, Dee l2.
! The Senate met according to adjournment.
Mr. Gwynn, from the Committee on PROPOSE
tions and Grievances reported adversely TO the
Resolution directing the Secretary of State TO exc
cute. deeds TO the purch hasers or owners Of certain
tracts of land therein specified in which Report the
Senate concurrrd
| Mr. Gwynn from the same committee, report
ed favorably to the Bill to confirm sale made by
James w. Guinn late agent for the State. The
Rules were suspended, and the Bill passed its Sec
ond and third readings.
Mr.. Gwynn, from the same Committee, re-
ported back 10 the Senate, the bill to erect a
Courty by the name of Castor, and recommended
its rejcction in which the Senate concurred
The Speaker laid before the Senate the Report
Of the President of the Raleigh and CASTOR Rail
Road Company relative to the amount of stock
owned in said Road by persons in the State, and
also by persons residing without the State which
was read and ordered to be printed.
A message from the Commons informing that
Messrs. Wilder, Mebane, Cherry, and Martin form
their branch of the Joint Select Committee raised
to enquire into the insolvency of the Raleigh and
Castor Rail Road Company
The Senate then took up the bill concerning
Jury Tri's. The following is copy of the
bill:
BILL CONCERNING JURY TRIALS.
Whereas, it is highly important to the proper
administr alton of justice in jury Trials, that the
rights Of pnIties and their Counsel, and the func-
lions Of Judges and Jurors should be clearly
derstood and whereas, by reason OF differences of
opinion and practice in some Of the Courts, GER
tain of these rights and functions require to be
distinctly declared, d,fnod and cnforced-thcrc.
fore,
Be II enactcdby the General Assembly of tic
Stale OF North Carolina. and ii is hereby enacted
and declared by the authority of the same, That
in all such trials the parties or their counsel have
right, and shall be allowed TO argue to the Jury
their whole case as well of law as of fact That
The Judge, when he shall deem proper to state to
the JuIy tho evidence given in the cause. shall
state the same without any comment thereon ihrr
by way OF repeating the argument Of the counsel,
or otherwise: That he shall declare his opinion
to the Jury upon the questions of law arising up
on the evidence, and shall have power, in all
cases (exccpt pleas of the S,atc@ TO give an au-
thoritative direction on such questions of law
On the second reading of this bill, Mr.. Shepard
moved to amend it by striking out all after the
words qGw, as areN rs Of tdctj' which PROPOSE
tion gave rise TO an Interesting debate. in which
that gentleman, and Messrs. Waddcil, Biggs Boy
den, Francis, Woodfin, and Edwards. took part.
We pretend to give only The heads of the remarks
o. these Senators.
O1T. SHCpUTu S1la Inc act OF 1890, winch tie
Senator from Orange had spoken of on a previous
occasion, and which that Senator said was only
defined and enforced by the present bill, was en-
acted for the purpose OF preventing the Judges
from telling the Jury hat had been proved, and
10 confinr them TO n recapitulation ofihe evidence
But this bill would prevent the Judge from COM
mrnting On the arguments of counsel or of recon-
Cling their conflicting opinions and the result
would be confusion among the jury. The Judge
wonld have his opinion-thc counsel theirs-and
how could the Jury decide Give, said be, to the
consel a Gair and open field. Let him argue his
case fully, but do not restrict the Judge Let
him have the power to declare what the law is
Mr.. WaddeH regarded this as an important
bill. He disclaimcd in the outset all intention to
assault the Juoiciary of the State So long as the
Judges were pure. md what they should be, all
would be safe However the storms might rage
without, if they kept sacred and unspotted the
mantle which covered them no harm could come
10 The interests or honor of The Commonwealth 1
He wished to strengthen their hands, but he de-
sired 10 do so according to law and the Constu-
tod. He had not one particle Of feeling TO grat-
ify by the passage ofthis bill. Ee stood in his
place as an adyoeate--not of counsel--Rut of Ju-
ries and of the people
As the law now stood, the Judge might fhe
made no charge against any Judge) enforce his
own opinions on the facts as we'll as the law. If,
he SO determined, he nigh, take any thing con-.
nected with cause or with tho decision in It into
hands II ,ros r.o,, ,,ro.