The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1845-01-03
REPORT AND BILL
Locating The Judges ofihe S"peri0' courts
REPORT.


If the proposed law is to place Ju'2' fee
.he Snoor;or Cou Is, by means O. tltc as a
IS which may hereafter oc'uf "n'''" Off
h Judicial Circuit IN The state Is
nronosed to interfere with the Judges she
so6y elected. As TO them, the righi Oh COT
,c,,1y their residencv after election, 10 ces
mari of the State, nigh, have consl'su- wo
;stronp inducement with them 10 ac- IL
c;se esice such RICH, was not restrict be-
gtea, pecudaf election, and your Gem tel
to resign their oRrive them OF lis eSe' on
"I;ne for these rcas1a. SO might involve tn
Irrespective, they are veeons.rain 'nsu ca
a.;a.~"~~ - -,uch incouveHtte lney de ell
portions of the s,.,e. caused law re- fl
'ant residence Of the Judges from sueShhee "
'lons. These Judges, together with t6ose
OF the Supreme Court, are vested with ma.
ny judicial powers 10 be exercised In voca.
ton; such generally as demand immedio,a
oppIication, III order to render rell f eg.c
tual' Applications for writs os.uan3o,n.,
reforddrt, certtorari, injanctions and Aabeos
corpus, must all be made to a JUDGE. md
are OF very common occurrence dufiuD va
ca'ion a'u' moreover, ore accorded to the
cH'zen as matter Of usht. Nbateve,
'heh' 'ehdsto place them out Of his reach.
OF greatly y embarrass his attainment of
.nen' w''hoa some high and overrullns
apunis 10 partial and uui,,
s.a,a une Nnal benefits of judiciary
snnno,,ad 'or Inc common good, and
.e,,a;, 49,. o.the common purse.
no g. ~ us time, many pa
- -, o""e 2 the expense,
c,ha " oo'a'n'g these writs, o.
,h., ;a.,;a a,o gtea'iiy'njured and
Jeo ""'chis u common
-. s enquire what sGEYelIR
oc h.,dst: 'o' 'n.perpetual continusns. /
rha I'm e a ~" io1aly complained Off
h,l,,,. eo init a law, would, in all
wo,., caa;,.oa ar - IN few years the
the earliest elections, JUL ~ 'e' 't ;"
trlcts which are furihest re- $50.
sldent Judges. THIS seems to I .dD;,,ad
so FAR as concerns the convenience 80,
ing from the mere residence of Jud@s
but II is alleged that such location of res 4
dence, as proposed, would lower the char
ac'er Of the Judiciary, by limiting The space
for selection. If such, 10 any considerable
extent, would be the consequence Of The
measure, It would, indeed, be depIorable
resull-s result. however, easily 10 To rem.
edIed by repeal Of the law, whenever OK.
penence shall demonstrate It's IMPROPERLY.
But II 10 submitted that such consequence
would not follow. The bill does no, con. /
me the selection Of the proposed rncumben,
within narrower limits than those now al. /
lowed by law. The whole State. through |
ls length and breadth, is open for he |
rs 'p,ffs' the EVIL apprehended cannot er.
ST. II 10 urged, however, that wh,t.yn,
"'! 10 the ibefaliiy Of the Till IN thia "a
PEG YET The practical eyeclnion Of il will
" W. different; and that ID short ,me
ne selection will be made, as a mnuey oc
curse from the district in which be 10 -
es'oe' That this will be The case fire, 10 :
ocause no one duly qualified for The Off,
-, oe''oing 10 healthy region, viii, for {
's ounce, consent 10 locate 10 r,,har Of th;n d,
','e.h districts; secondly, bccaf.ae dis. ca
'ee ing Of pride attaching l4,d spripp IN
'c's' CLAIM Of righ, weh district ont or 20
eoIecl the Judge Cne is 10 be selected n
3 district tOr-ause Of the sacrifice which a
10, shlrdent, if selected else herr mn, w,
nm his pecunlary affairs and other.
e. W.
these our committee believe 10 be the Nh
10 o'Ieciions and they reply, that, as a
no hrsf' which is founded upon The cam O.
tive health Of the two prea, sec,;on. r.
s'ate, ITS utmost effect would bo - ~ &
'of me three unhealthy circuits a seller pub
conhted TO them, and as to all Tho ceiv
wy CIRCUITS, selection from the who'll "'p IG
. i'ut committee do not doub, thai oprc
a'Iern part oftbe State will ,lwavs ha Dire,
20 furnish men we'll qualified for .L,d 40 q
:. TO- eastern districts, even if gentlemen =,
me heaI'hfai regions of the s,a,e 81
= reuse The Office upon the terms ~
"g mere 30 that the worst practical Con-
'ion assigned in the FIRST ob;ec,;on
oe' TO select, as TO three Judges. rom AIph'
one half of the State. and as 70 ron. MI.
,c' rom The whole State. Asto,he II
onJection' springiug from dis,ric, that 4
'ney reply, that there is now and al. 'nhab
wa oe Q feeling more powerful slll pu"n ;a
~ interest," which will control the 9th -
nc past history of tho State nrar
I" regard Tor the due quaI,66l
" these responsible -
committee heliru