The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1849-04-13
T NUMBER 20.

particularly the rights Of property, are
wholly insecure under their eye. iheV
SOW the seed Of future litigation, and
firmly believe they now contain food Tor
lawsuits for years 10 come.
Again, SIR: They otherwise cause lItea.
ZION. Low tribunals o. easy access, sud
frequent, IN Their siilinga, they hold out ev-
cry possible luduceinent 10 ihouehlless end
irritable people, on the slightest spur, 20 nv
10 the Court House. Fuel is there added
TO The flame. Thousands oil suits thus Start
on the way, and finally reach the ,opmosi
round OF the law, break up parties and their
friends, which but for these Courts, he'd
never gone 10 the Court house al al. They
invite aud prou.p' men 10 90 TO Law. lhey
do worse, sir; they temp; them 10 Go
wrong. They increase crime. lhnumcfa-
blc olIeaccs, Of an aleTior grade, ore daily
committed from want Of respect Tor
Coure Of this character, and contempt for
the law as there admin s'erud, AID from
The au9wn facii'y with which criminals
"a no always ny TO get ,he'e) escape pun
i.hment; while i, Is vel known 10 the
legal profession that the high crimes OF
Of perjury and su5oin1tion Of petjIty fol.
low on the heel Of all appeals f'om issues
of fact. Parties % 10 the Courls below %
mere fteiers. They discover the weigh,
of opposing evidence, and then prepare to
meet il. Testimony is bought and sold at
price
And conscience, truth and honesty arc made,
To risc and f4i Ike other wares OF trade"
This innovation was entirely unknown
TO Inc earlier trial by jury. An anomaly
n The HISTORY OF jurisprudence, II ia pre-.
ductjve of 10 COED, end The source Of many
evils. No SUITS are SO Annoying, SO CON-
phcstet, and So uncertain as these sppeals,
rhe records aud peed!ngs are wrong, pa.
pars arc los. or mlslald, new points ATE
raised, new issues ere joined, new witnesses
are called, new counsel are employed the
whole action is changed, delay ensues
9Th double expense to the public, and
double cost TO parties. 50 too, sir, IT
party before Justice Of the Peace desires
The opinion Of your Superior and best
Court, on naked question OF law Involved,
be must cucumber II with mock trial in
The County Court, aud pass through the
p1ying ordedl-two sets Of costs to Clerks,
Sheriff. lawyers and all. It he chance 10 be
in humble circumstances, and F." The means "
fail 90 the way up" be falls, and is
crushed tcrea,h The Ii 1lence OF bis more
powerful adversary. THIS, sir, is a relu.
sal Of right. lis oppression, palpabie op-
preston.
10 fac, sir, ;hose Courts are nothing bu,
siunbIIng back a. the door Of Justice.
Thcr whole tendency is to tax justice, TO
d=faal justice. They mol only breed uiga-
ton but psrpeg aud prolong litigation.
They serve as never failing fetders 10 all
cur higher tribunals, end thereby impair
taoir ciiic.cucy, and derarge cur v hole Ju.
dietary.
This measure, sir, will relieve these
Courts CT Their mosi unpleasant duties,
their mos! onerous burdens. 1t will leave
them in 'he foil exercise Of all matters lie.
Ultimately pertaining to the magistracy Of
the Country. II VIII, then. be their plea.
sure and their pride, to secure fidelity, &c.
cu'scy, and economy in oil cur probate,
police and County regulations.
Furthermore, sir, this bill will accom-.
psb It's main great Meet, the more speedy
and certain administration Of Justice. With
smaller circuits and fewer Courts, more
care and attention will be devoted 10 the
business Of the Courts. Causes will al.
ways be better prepared, and better tried,
} Throw upon your three Superior Courts
/. the whole undivided responsibility Of des.
, patching the Jury business Of the country
and it will be done. They will then try
more suits, and Try them far mare sa!isfac.
. touIy ihan'slI our present Courts together.
We may have less ltiga:ion-lcss crime.
We will &c, clear Of all appeals from ,e.
sues Of f8c, from our County Courts We
I will have few or no intricate questions of
b Jurisdiction arising between our dtlerent
!. Courts. Oar Pieadngs end Practice, so
e simple in themselves and admirably adap-
= ted to economy and despatch, might then
Q be made TO answer some useful purpose in
/ espednln. business. With Cour, every
e four months many Equity causes (now 60.
e inc to the Supreme Court might be heard
d and DISPOSED of on the circuits. The col.
= lection Of debt would be even more steady
. and regular than at present. The perpe.
1 traitors Of high crimes would be brough.
h more speedily 10 justice, and without the
t enormous expense now attending such pros.
}. eeu!ions, with only semi annual Courts.
d Unllormi,y and order would pervade the
e whole frame work Of the system. And
ID above all, q spirit Of equal justice would
10 then mark the whole administration Of the
3. Law. People now talk Of themselves as
in fortunate or unfortunate, if they fall into
IN The hands of this or that tribunal. Right is
IT regarded as thing of chauce-a and every
re where is heard the GLORIOUS uncertainty O
al the Law" Need say. sir, from this foun
Ut tain, justice will flow 10 all alike. II.
as streams will be purer its waters swee,er
re But, Mr.. Speaker, | have heard il ssit