Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-08-02
For the Journal.



yexation and delay with less than half the cost and
with as much justice to tigants, by Justices of the
Peace out of Court subject to direct appeal to the
Superior Court.
If this be So it establishes the fact that Coun-
ty Courts are not only useless but burthensome to
the public, as well as to individuals.
None will deny that the pay of thirty-six Jurors
for four or FIVE days each Court, at 81 per day-of
FIVE Magistrates at 50 25 per day-of all the States
witnesses in the numberless small indictments where
the defendant is not convicted is insovent-with
all the extras and perqusites incidental to the sys-
tem-form no small item of public expense, for which
there is equivalent
Again those thirty-six Jurors mostly taken
from among the farmers mechanics, and working
men of the country, who are thus forced away from
their several empoyments at times when their servi-
ces are urgently demanded in the field the work
shop; and for which their daily pay, which is bare
ly sufficient pay their expenses affords not the least
amends. It is the same case with the witnesses and
parties tigant all bound to attend from day to
day. in the midst of expenses and surrounded by ev
cry temptation to vice and extravaganza, when they
should be usefully and honestly employed at home.
In matters of indictment for assault and battery
and other small Offences the defendants, when found
guilty and able to pay, rarely fined more than
dollar and, most generally five cents, while the cost
ranges from ten to fifteen dollars the cost being
considered sufficient punishment without any fine
Thus if the defendant be guilty and able to pay the
State gets nothing, next to nothing but if he be
insolvent or get clear the State must pay all costs
What beautiful system! What better scheme
could be devised for plundering the people for the
benefit of Court officers
The County Courts are the nursery and hot bed of
lawyers, of which our country is already filed to
sufocation. From thence they emerge from a
common centre to fill our legislative halls and to
gross the Offices of honor and profit.
Now, would by no means speak disrespectfully of
lawyers class, for am happy to believe there
are as many honorable and high-minded men among
them among any other class of men of equal num-
bers But must protest against them as legislators
their interest, class, being entirely distinct from
that of their constituents.
But to return. 1t has been objected against abol-
ishng the County Courts as Courts of Pleas That
if you abolish two of them, and cannot enter your
pleas at those without jurors, you prolong the time
of collecting debts
To this objection answer, extend the jurisdiction
of Magistrates Let there be three Magistrates cho-
sen, by election or otherwise in each Captains Dis
trict, and let them have original jurisdiction in all
matters Of debt however large and such other small
matters as may be considered prudent, subject in
all cases. to appeals to the Superior Court. By this
MEANS instead of requiring three six nine months
to obtain judgment on plain note of hand it can
be done in as many days, and comparatively without
COST
But it is said, the Mag istrates are ignorant, and
therefore should not be entrusted with the power
here requested. This objection, sorry to say
is, in too many cases. we'll founded Our Magistrates
are not as well-informed they should be but by
| different mode of appointment, and making the of
flee something more than that of mere scavenger
without honor, profit, or usefulness, this difficulty
might be remeded.
But admitting the magistracy to be as ignorant as
this objection assumes them to be, how much wiser
are they when they get on the Bench,' and com
pose what is called the "worshipful Court p Doe:
the circumstance of their being in the Court House
and being addressed as "your worships," dissipate
their ignorance, and inspire them with superior wis
dom ~
Their position on the " Bench" seems to be pretty
much that of set ofpictures in gallery, to be look
play wisdom, even if they had any. 1t is true they
sometimes called upon to decide disputes of law
or precedent between lawyers and it is also true
they frequently call on disnterested" lawyer t.
decide for them. But when they take the response
bility of deciding themselves, they may decide a
greeably {" to law, usage and precedent;' or they
may not The decision of one day may be reversed
the next or it may not this depends in great meas
ure, on which lawyer is the right, and which Oh
the wrong side of the question.
The Jury are to decide the momentous question a
issue between the partes-men fresh from the pillow
the axe, or the anvil. These, and these only ar
to say whether it is legal for the plaintiff the de
PENDANT to receive costs. But whence their wisdom
Is it supposed that an indiscriminate collection
men, chosen merely from the circumstance of thei
being freeholders are better judges of law and equ
ty than the Magistrates! Or, in other words
that the most ignorant of the people have been ap
pointed Justices of the Peace?
I am aware that the Jurors are to dra1c inspiration
from the Bar-that the members of the Bar, Attic
speaking under the influence of fee and of an oath
, are expected to work miracles the minds of tn
Jury, and transform them from common farmers in
to wise Jealous Justices. One lawyer will get u
constituent, and even indignation that any
common sense can pretend to think otherwise. Ar
other will then get up and affirm with equal earnest
ness and with greater vehemence of word and ges
ture that the law is just the of what the frs
asserted and prove clearly that the first speaker
either knaye or fool. And vet the Jury-th