The North-Carolina standard., 1849-01-03

sent 70 occupy position as pubic cnaIacter among
honorable men. Ihdt think am Justified IN saying
suPet-ruling Providence appears to have been-ih-
strpmental in producing. There is q hand on high
which worketh wonders in the affairs of men, and
has produced that Justification in the short space Of
one months which ! had supposed my own hand
would have had, to, require-that TOO as you know
when have been unable TO leave. home Evidence
as it were from the four winds has come unasked
4 and unexpected, which has developed degree, of
human ,deprasitY almost unequalled in the annals Of
crime. "N''sl@i ~ .-9ii ''s7'i - '. :t1ASSt, !.
Comment to you is upnecessary! to argue justif-
cation to you is work of supererroga have
already anticipated me. A jury could not be found
amongst you that would the verdict in 6f
teen minutes, resigned from no doubts as to your
opinions, but out of regard to your honor abroad as
4 comfnunfty-my own reputation as an Individual,
what feeble ability Fpossess; for when my tongue
refuses to assert or my arm to defend my character
and my rghts-my Legal my moral, my political, and
ba oSe4
brand the name of Samuel F1emmng with that epi-
thet my country deems most proper. And now in
conclusion, may those endearfug bonds of gTatltude
and confidence that have originated days that
gone, but. which have grown with our growth and
strengthened with strength, be like that generous
blood by noble hearts matnred, wrought into ce-
ment that will defy the rayages of time and bedis-
solved alone by the bursting Of that link which binds
man to earth Your fellow 7citizen, ''s%''e --. '
90. | :. : 7'.71i -. SAMUEL FLEMMING
| BurDsville,, Fancy, Dec. II, Is4s. s.-7.5 '#t :,
~ 2o1i1ari@ss For the North Carolina Standard.
To the Members Of the Legislature: a'f* - - =-
Mr.. EDiToR: Will you allow me through your
paper, to address. few remarks to the Members of
the Legislature relative to the proposition of Gov.
Graham to abolish IS all jurisdiction pleas in the
County Courts. In doing so shall take the lib
erty of drawing largely upon the views and argu-
ments presented two years ago.. in brief comIhent
upon that portion of Gov Grafiams message, reiat
ing to proposed change in our Courts of Justice,
and published in the Oxford News, under the sigma
ture of Granville. ~ h'.ss IS" "a 5Fi}51 g si-.
Whatever the Governors reasons are, or may have
been at the time he penned the paragraph, and though
make pretensions to being learned in the law,
shall be able, think; to show most coneusively,
that what he proposes, will not only be attended with
eapenSe, Inconvenience and more confusion,
but that it will have tendency real and ceraln,'
to prolong litigation. If L succeed in doing this,
surely none Will be so inconsderate to vote for,
much less to advocate his proposition. -..s.3 :.
1 have been taught to believe, and my belief has
been strengthened by long experiences that our code
of laws, and the arrangement Of ourCourts of Jus
tce, the best specimens of legal wisdom. taken
as whole, now extdnt IN the u nlted States = Can
any State begin to compare with North Carolina in
these respects? answer no; and challenge contra
diction, such be supported by references and
proofs. My bosom has often swelled with pride,
while listening to the high encomiums coming from
Intelligent citizens of adjacent States.Je @as9f it
" Notwithstanding it is true wisdom tslet we'll
enough alone, there is strange propensity abroad
In the land, the part of both Governors and Le-
gislators to experiment; and this has Increased to
fearfuEextent within the last few yeaFs--and none
have been more loud their denunciatohs than Gov
Graham, and yet he proposes experiment etor IT.
nothing more) by which our whole judicial: system
is to be remodelled and it is to be feared, that our
fair and beautiful fabric will be greatly marred.
if not completely despoiled .5si -
1t is not unfrequently the case that systems which
may be nearly perfect in themselves, attacked and
condemned, because imperfectons
have crept in, owing to the manner in which they
carried out in some Of their details. This Is
manifesty wrongs instead of striking at the SYSTEMS
true philosophy points out the correction OF the
&c loose Practice, which has given rise to the evils
(real or imaginary complained of; this being done,
all will be well again. Just it is with our judi
cia systems the fault is in the system at all, but
in the manner in which it is carried OUT AneIent
land marks - have been lost sight Of, and many
things so mixed up,' both in the County and Su-
perior Courts, that it has become difficult to deter
mine whether they the legitimate offspring OF that
system, which has worked we'll in all its parts for
than half century, and against which no ser-
Gus complaints have been uttered until within the
last few years. Having stood the test so long, our
present system, if approached at ALL should be done
with great caution because if the slightest nnova
ton is made, full license is thereby given to at
tack it in any all of its parts. ss@ss: srst-nE
- shall notice the Governors last reason first.
He winds up his paragraph by saying that the sys-
tenn prop osed bV him has been tried in other States
and found realize the most sangnine expectations
1t is to be regretted that he did not state which OF
them he referred to. Virginia could hardiy have
been one it would have been quite inappropriate
to hold her model, after belabourIng her Leg
islature so numerically, two years ago. Be this
as it may Virginia is case in point, IN as much as
her courts conducted upon plan not very dis
similar to that of Gov. Graham'S II will here intro
duce his system, with few remarks. There, COM
paFativey speaking litigation has commencement
but ending, provided either party sat law, should
so DESIRE even upon obligations under seal to pay
money N courts at all would be as well, because
in that case the costs at least would be vea.
have had little trial of this system and to my hearts
content About seven years ago, Icommenced an ac-
ton in e5of the courts held in bynchburg upon
ssplan bond - upon the case being returnedato court
Ia triine collateral issue was raised, and now the
whole matter stands in std quo, thus IN all proha-
bility to remain until stdoom day., if not to the
whoe human family, atleast to the wrter--and this
is fair specimen of the working of, her system Ga
Fennessee has her monthly courts-hoidng gen.
eraIly two days.. Chancery courts, held quarterly,
and also circuit (ot Supeior) courts with jurisdiction
over eieas How does this system operateltheret
am informed by an intelligent gentleman, resident
OF that Ste that the North Carolina system, the
has tried both) is far preferable, as justice is more
tspcedtiy attained, and at much cheaper rate iE
The saving ofexpense to epublic. and the par
flies cost in legal controverses,i and the attainment
Of greater dispatch are prominent with
the Governor in support of his proposition.sl Here
too! sthis reckoning was made atCandomc as Will
Ebe perfectly all who may read these re-
marks. - ~ NSsss illa % -5a 27sof, ~ e1!,s
s3F1unan ingenuity andIearning combineds could moi
, have devised systegn in my humble Judgment, bet
ter suited the smaller, or even medium size coun
teson the score of expense and despateh!o Takefo
instance w arren or franklin. With the aid of tt
County Courts the business ofesther court is dis
posed Of in three days, atsmost 1T is only
:, q