The North-Carolina standard., 1845-09-10
.yE-,tesE sEosahe Nolih Carolina Standard.
The Administration of Justice i'm
~ North CarOina.-tNO 1


defects Ondssuggest some reforms inAhe system
for administering justice in North Carolina. The
importanceof .he subject is such as to require no
apology for Introducing II 10 public discussion.
which IS all we aspire to do. It's Importance is
strikingly presented by Hume: MIN born in a
''flmiIy is compelled to mantain. society from ne
"crssity, from natural inclination, and from habit
"The same creature, in his farther progress, is
tcnaaged to establish political society," in order to
@administer justice, without which there can be
"no peace among men, norssafety, NOT. mutual in
"tercourse. We are, therefore, TO look upon all
"the vast apparatus of our government as having
"uItimateIy other object or purpose but the dis
atrbution of justice, or in other words the support
"of the twelve judges"-( EssGgs The law
surrounds US every where, in our business, our
pleasures, and our quarrels Invisible but potent
as indispensable to the existence of societyas air
to animal life It strips US ofour natural weapons,
but processes TO spread over its triple shield
to give us protection from violence and indemnity
against fraud, and wrong It's boast is that none
are so high as to be above its power, none so low
as to be beneath IFS care. 1t is made by LegisIa-
lures, administered by Courts, including judges,
lawyers and iuries. AT least the theory is that
the Legislature defines rights and prescribes rem
edes, while the judiciary applies the definition to
the fact and dspenses the remedies to applicants
1t is we'll known, however, that Courts engage in
defining rights, that is in making law, as much as
the Legislature does.-( Burton Real Prop g.
Under any system OF laws this must of necessity
be so to some extent. Under loose and negli-
Iod 1L,o he iS
vastly increased Ii will be the scope of this arti
Gle to examine how far the particular system esta-
bIished in North Carolina for discharging the
function of administering the law is fitted for that
end -..e as...a
The system of Courts and mode of practice first
adopted here was an imitation of the English,
simplfed to meet the necessities of a new coun-
try more however by usage than by direct legis-
lation The Legislature has, at different times
SINCE made changes in the external form of ad-
mnistraton, but the internal and essential princi-
Piles remain as at first adopted. The English
system was not harmonious one. 1t had its
birth in times of ba barism. While successive
Improvements were engrafted upon it to meet the
emergencies of progressive civilization, many
forms and tcchnicalitics accumulated which had
survived the period when they were useful, almost
when they were Ineligible. For long while
the study of law was confined to lawyers: and
they esteemed it their duty to work the machine,
not to amend it The soaring philosophy of the
ante.B lconian disdained any pursuit so practi
CAL so useful as the philosophy Of Jurisprudence,
but delighted to wing its mazy flight among the
jargon of an empyreal metaphysics Finally,
Bentham arose and the light of. his noble genius
fell on Jurisprudence. H3was discovered not TO be
Of necessity occult and cabaIistc doctrine COM
posed Of traditionary dogmas and concealed in
black letter rolls; that it might be subjected to
the rules of reason and its principles gathered in
to science. The discussion which Bentham
opened has been continued BY some of the best
minds and hearts of England, in most enlarged
and liberal spirit, in parliamentary reports, re-
views and newspapers. First principles have
been inefssigatcd and established statistics collect;
cd the exarricnce Of the continental States under
dissimiIal institutions adduced-for illustration and
comparisna., The result has been the introduce
tinn, within the last few years, of important changes
in tho English administrative system tending to
the spcrdier,scheaper and more certain dispensa-
ton of law 1t has been in fact one Of those
peaceful revolutions by which England is accus-
toned anticipate decay by renovation, to stride
over the lost ground Of years and maintain her
place in 1.-The first files of Time" What is of
more importance to US, we have had The benefit of
the discussion, the subject has been anaiyzed and
arranged for inspections the controversy has esta-
bIished some principles as truths and Of all these
we may avail ourselves The occasion does net
require US to present any review of the English
reforms; but they will be occasionally referred to
where like evils need like remedies. US
In perfect system for the administration Of the :
law we would find these qualities. 1t should ad-
minister the laws with, first, certainty second,
speed; third, cheapness and in proportion as any
systemis lacking in any of these qualities it is de-
fcctive and deserves condemnation; in proportion
as it possesses them is it perfect and admirable.
The covenant in Magma Charta, Nuliyendemus
aut negabius aut diferemus rectun aut justitiam,
seems inetasd 10 express three requisites, Justice
is the due ofthe.Wlonged, of common right, without
cost; it must not be delayed above all it must be
justice which is rendered TO him. We propose as
briefly as possible TO examine the administrative
system established in North Carolina, IN refer
cnce TO each Of these points, TO ascertain how far
it is deficient in each, and suggest such changes