The North-Carolina standard., 1849-01-10


all matters under the head Of :. Ectice, Pleas and
i Process" " as the Clerks Of the Superior Courts
would be the proper persons TO hold the custody of
thes the functions of the County Court Clerks haE-
eeased except so faras relates to matters coming
nnder the appellatipn of Probate and County Po-
hee. TO separate these, in some Of the Colnties,
would be- hefcalean task--if it could be done at
/ all, which very much doubt q 80
But another source of real incouveDience and con-
fusion remains be adVered to- and that is, in re-
/ gard to the minntes of the. County Courts. It, is
knoWnto thoses who are at all conveTsant with the
subject that the proceedings Of our Courts. every
are or to be entered in their min
ntes. ow, suppose Gas wopid certainly and frequent
be the case,1 that these minutes are transferred
the Offices of the Clerks of the Superior Courts,
and applications should be made for copies of Re-
teords, matters belonging Probate and County
Pelice2 heretofore made In County Conrts--and
Dce cersq, # the minutes are Tetaned by the County
Courts. and applications are made to the Superior
Court Clerks for copies of Records transferred from
/ the County Guurts.s W hat would be done T Here
would arise serious dilemma, as neither Clerk
would have to- or control of the Records not
belonging to his Office 1t seems to me the way to
remedy this evil is, that the Court retaining these
minutes, furnish the other with duplicates.
Difficulties grow in Importance. In some of the
Counties, if not in ALT there are large number of
stayed erecuos in the Offices for debt, and also for
costs, amounting to Thousands what would become
the Courts in which the Judgments were obtained
and consequently, the debt must be collected other
wise than by executions, Or by some means gotinto
the Superior Courts by other suits, with additional
cQsts, and even them any benefit had, resulting
from liens upon property would be Iostto say moth
ing of the loss of debts intervening before iudg
ments and executions could be obtained. .,g
There is still another difficulty, and that is if Gov.
Grahams project is carried into effect county courts
it is presumed will. be held monthly, that three
times during the year, some of the counties at
least, both courts would be nrsesson at the same
time for one dey producing both Inconvenience and
q g n0f ha
at the same time; and BESIDES many persons would
have business in both courts. This Is no fancy
sketch, but sober reality. = -
There other considerations which shall intro
duce collaterals, ali tending the point,
and go to strengthen the positions already taken
against the Governors proposition. The collection
of debts would be delayed as matter of course.
No preference could be given suits of this charac
ter, all must appear upon the dockes in their order
of time, and take the chances with all other suits.
In short period the Virginia system in this behalf,
would be in full operation. under which, In many
cases. resort the law may be regarded as an ex-
tinguishment of claims thus situated. And more
over, it not true, that any law passed by which
the manner time of collecting debts previously
contracted, is changed as to be seriously detr-
mental to creditors, would come under the head of
ea7'ost facto? IF so, law carrying out Gov. Gra-
hams proposition would be of this character, and
therefore ought not TO be passed
IF the latter view be correct, and laying aside all
other considerations, will it be right will the Lee
gslature venture upon the experiment, to pass any
law by which contracts, actual or implied, entered
into by previous Legislature, and portion Of the
citizens of the State win be abfogated, chang
ed to nfict real injury upon the parties of the
second part unless the contracts violated ex
pired by limitaton!s+ say This principle will
apply to County Solicitors, and Clerks of County
Courts-each being required to perform the duties
of his office and receive the enfoumens attached
thereto so long he continues therein. The term
entered upon by the latter class will expire in Au-
gust I949, at which time the law in question might
at least no weil-grounded complaint could be made.
(Query-suppose the law In question passes, and
some obstinate Clerk should refuse to surrender the
Records before the time aforesaid would the SUI
preme Court sustain him, it did some of the old
Clerks whozhe1d to their Offices In the face of
thel law changing the tenure thereof?) The fees
attached to the cleFkships in the County Courts
taken altogether, yield very fair compensation to
the best qualified men, though lower probably than
in any other State the Unions but under the sys-
tenn proposed by the Governor, the naost La6ortous
part of the business more than doubly SOY nov done
In the County Courts would be retained with COM
pensation vastly disproportioned. The evils con-
sequent upon. putting unqualified men into Office,
wonid be greatly multiplied, really qualified
could do much better in other situations less abori
ons and responsble-at any rate IN the smaller cohn
ties. S7zass ssr-isrzs< Fl2f - -st@s
And what would become Of the young Edipvers;
particularly those who haves embarked their all in
qualifying themselves 2? 1t is true that Courts of
Justice established Che benefit of clerks
lawyers but human inrmities are sucf as to re-
quire these institutions and officers. Y0ung iatogers
just entering upon County Court practice must sfarve
unless they have other resources, because they,
now and then exception, can never get foethold
in the Superior Courts, until the old set made
Judges, Senator's, Foreign Ministess, go IS the
way of all the earth. .'sstE-} = Is ss5ass . t@f35-
However great the evils complained Of the proes-
sion have it in their power correct then first let
them conform in every particular the tctest pfac
tice laid down ia the books secondly, if they pre-
fer it, letthem commence all IS ltigated suits in
the Superior Courts at these things being done
all will be well. elstTo - 2 1ass
Having looked at the whole bearing of this sub
ject, must say, that Gov. Graham this occasion,
contrary to his usual custom in looking at the effects
without inquiring into the causes, is not unke.a
skilful Physician, who, sometimes srelying upon the
symptoms, without investigating the origin nature,
and extent of the disease producing Them thus pre-
scribes, and thereby kills the patient. And the Lee
gslature may do we'll look to it. before they car
ry into effect the Governors proposition lest they
find out when too late, that the s. wooden horse,
when presented, contains !" armed men'' concealed
As an appendix, beg leave to make one sugges-
ton, and two or three predctions. The suggestion
IS, that if the law in question is passed. it would be
sound policy to merge the Registers Office into that
OF, the Clerk of the County Court for the reasons
that it would bemore convenient to the public and
as that office generally goes begging owing to the
smal!nes of the income 4 ~ 92c-4
The predictions arefrst, that feuF=ffths of th6se
whovote for the law, will not be licensed two years
hence to receive $S per diem during their staysin
Ralegh. If any have doubts, ask one of the gen
tlenensf from Orange whatshe thinks of IL Second
ly, the day that the law is sgnedsbY the Speakers
will be the date of the Sdeath warrant the Su-
preme Court 81 say SO, because there isan evident
Testlessness among the people, as well as many of