The North-Carolina standard., 1845-10-01

over the statute prescfibes when declarations nnf
pleas shall be flied and demurcrs argued, and thai
an entire and perfect record " ofthe proceeding:
| ia each suit shall bemade Thefruth is. we have
never possessed but its most attendated shadow
We have neither allegation of the plaintiff nor re-
sponse of the defendant The one does not know
before trial what he is sued for, nor the other
what defence is set up to his demand All the
Witnesses are Summoned that can possibly in any
event be wanted, and every point going to make
up case or defence is labored before the Jury with
as much copiousness as if that were the sole point
in CONTROVERSY between the parties The result is
a monstrous accumulation of unnecessary witness
es at enormous cost ; repeated continuances and
delays; constant surprise at trials, and consequent
dissatisfaction; and frequent rreparabls error and
injustice, The attention of the Court and jury
being spread over vast surface of facts, it is i'm
possible that they should within the brief time al
lowed for dehberation accurately separate those
which are Of the essence of the case from those
which are entirely irrelevant merely in aggra-
vation or extenuation, and adequately weigh their
respective Importance and draw the proper infer
ences from each The judgment is much more
likely to be confused by the attention being art
fully msled to immaterial points. or to become be-
wiidered in a maze of complicated facts. Cues
tions of law and fact become inextricably blended
and the jury usurps of necessity and with impun
ty the functions of The Court. A.case presented
in this way is like ship without rudder COM
nltted to the wind and waves-it is utterly uncer
tain into what port she may be blown.
We believe the practice prevailing in North
Carolina, in this respect, to be utterly unexampled
elsewhere. And it cannot fail, on;consideration,
to strike every one with astonishment how we
have been able TO get along for a century under
system compared with which the ruGest and most
aboriginal form of settling disputes, arbitration by
neighbors, is vastly superior II must have ori.
ginated about those times when Commissioner
from Virginia visited this Province for the pur-
pose of running the boundary, and left it on re-
cord that there was not Westinghouse or a cler-
gyman in the country; that fat pork fried in New
England rum was the chief delieacy of the table
and that. law and physic were both very plenty,
very cheap, and very bad in their kind. (JOur.
Of, 1860 =,.zt. r.. =. Ess- SD |
Another effect ofthis practice is to deprive par
ties almost entirely of most important right Sc
cured by statnte-the right to a writ of error for
error in the record There being no record there
can be Of course no apparent error 1t would be
a disagreeable and unnecessary inquiry as to whe-
Lher the Bench or the Bar are most responsible
for this shameful state Of practice. We think it
must be admitted, however, that the remedy can
only come from the bench. 1t was: we believe,
HaR al
which requires our Supreme Cour. to prescribe
rules Of practice for the Superior Courts, that the
English Judges commenced their celebrated re-
forms. And we may be permitted to say that in
our humble opinion, it would tend more to the So
lid honor and usefulness of that Court, to lead
public opinion in this important measure than to
1elay until public opinion shall have become suf
6ciently enlightened to urge its wants.
II may not be inappropriate to add a few re-
marks On the influence of the system and practice
we have been discussing, on the character of the
BAR. Learning and elevated character are essen
al in the law, moi merely because it is the reser
Voir for, ,the supply of the bench, but because of
he direcSfaRd important influence it exercises both
on the 6cncR and on tho community. The bar Of
North Carolina have always been happily re-
for these high qualities. Yet it cannot
be denied that itmust be attributed more to other
causes than 10 any thing in the established system
Perhaps the most effective of these, hitherto opera
i've, have been the influence of the example of
'ome Of its most eminent early members, and the
absence of that keen competition which exists in
more populous communities. Unexampled emf
grafton has checked the population of North Car
,Iina so that it has not doubled in fifty years, ard
he census shows smaller proportion of profess
onal persons in it than in any other State in the
Union. With the cessation of emigration must
:ome competition. The looseness Of the mode OF
pleading and Of conducting trials, the indefinite
nature of the questions presented to jures the gen.
raj ignorance Of juries, in the inferior Courts the
ignorance Of ths Courts themselves, are SO many
to ignorance and unworthy con-
luct in the bar. Doubtless the many shining ex-
IMPLIES now in the profession will long continue
o exert a salutary influence; but who will say,
hat in time the degrading agents will not have
heir natural operation? that an useless know
edge will not cease to be cultivated, and the Ecl-
ty of imposing on the ignorance juries exercis-
ng such latitudinous powers, will not give to the
rt of persuasion an undesirable superiority of at
raction over the more difficult and useful study
If the principles Of law2