Weekly North Carolina standard. [volume] (Raleigh, N.C.) 1850-1858, 1854-10-25
For the Standard
OUR JUDICIAL SYSTEM.

For the Standard
OUR JUDICIAL SYSTEM
CNo 2)
To tho Members elect Of the Senate
and House of Commons:
1t appears from the facts as stated in my former
number, that on abolishins the district system in
1906, and establishing the Circuit Court system of
Superior Court for each County, that there were
then sixty counties which were divided into six cir.
cults of ten counties in each; that this continued
until 1867 when the seventh circuit was estab-
shed, the counties having then increased to sixty
six that the number of counties in the sixth or
western circuit had increased, in consequence of d
visions in counties, from ten to thirteen that this
was considered by the Legislature oppressive and
unequal that at the session of 1861, they dec
ded to establish seventh circuit that the first four
circuits, each contained ten counties-the Whining
ton circuit, eleven-the Rowan circuit, nne-and
the Morganton or seventh circuit only six, to wit:
Macon, Haywood, Yancy, Buncombe, Rutherford
and Burke.
How do the circuits stand Since the year
1886, the counties have increased from sxtysix to
eighty-two The first three circuits, Edenton, New
berne and Raleigh have in each ten counties; whilst
the fourth, Granville circuit has twelve the fifth
Wilmington circuit has twelve; the sixth or Surry
circuit has fourteen counties and the seventh or
Mountain circuit has the same number. If siSty-six
counties in 1886 were considered unequal and
oppressive as to call for a new circuit, how much
sttution Art. 3d. Sec. H. it is provided that 'the
salaries of the judges of the Supreme of the Su
perior Courts, shall not be diminished during their
continuance in Office" In 1S36-'3T the salary Of
the circuit judges fixed at nineteen hundred and
fifty dollars. The number of courts they had to at
tend were sixty-six the number is eighty two,
and the difference in expense at least twenty-five
per cent greater now than then. But do not place
the demand for a change upon this constitutional
obligation, however palpable, but upon public
,ork a. a.
clear administration of public justice. The three
Eastern circuits have but ten counties in circuit,
the two middle circuits, twelve each; whereas the
two Western circuits have each fourteen.
Is this fair, equal or just! I apprehead not, to
say nothing Of the oppression to the Bench and Bar
1t is not the inconvenience of the Judges lawyers
that calls for relief but that of sutors and the pub
lie. After a circuit of ten weeks, the Judges, the
Solicitors and the lawyers become jaded and worn
down, and the business in the remaining courts is
either continued or hurried over in very unsatis-
factory way. But this is not the only Inconvenience
In these large circuits, the lawyers and suitors
necessarily excluded from the Legislature, are
forced to abandon their courts, in order to enable
them to attend to their Legislative duties. l think
hazard nothing in saying, the tax on suitors in
our courts, under the present arrangement in the
continuance Of causes is greater than would be the
expense of the salaries Of two additional Judges
and other officers This certainly is a tax which
| should not be thrown upon those who seek justice
| through the medium of our courts.
1t appears that the present arrangement Of twelve
and fourteen counties to q circuit, with only
circuit Judges, is manifestly unjust and oppressive
to the Judges the lawyers and suitors and necessa
rily attended with delays and expense. For instead
of paying the Judges at the rate of ninety dollars
the court in 1885, it does not now pay more than
seventyfve dollars, to say nothing Of the increase
of expense. What is the remedy proposed2 for l
take it your of public duty will not suffer this
state Of things any longer to continue. Two RENE
| dies have been proposed. The one the abolishing
jury trials in county courts and the establishing of
a third term in the Superior Courts This arrange
ment has the example and sanction Of the State OF
Tennessee where it has been in force for the last
fifteen twenty years. ard has been attended with
entire success How far such system would be
calculated to advance the public interest and conve
nience, it will be your province to determine. 1t is
more particularly my object to call your attention
to the positive necessity-from a sense of public
justce-of an enlargement of the present circuits,
| by the addition of at least two more circuits We
now have eightytwo counties; and with nine Judges
there would be nine counties to each circuit. But
this is not the arrangement proposed as the two
Western circuits would necessarily be amongst the
mountains, and should contain a less number. Let
| the Edenton, Newbern and Raleigh circuits remain
as they now stand, with ten counties in each. Let
the Hillsborough circuit also have ten counties,
leaving off Stokes and Forsythe. Let the Whining
ton and Salisbury circuits each have nine counties
and the other three, to witt the Surry, Morganton,
and Buncombe circuits, each contain eight counties
There are eight counties beyond the mountains
beginning with Cherokee and ending with Yancy,
these should makes circuit; and this can only be
done by the addition of two other circuits Let this
be done ana the expense saved to the suitors would
oy the speedy trial Of causes, greatly exceed
the salaries of the two additional Judges. It
would be giving the circuit system fair trial, bring
Justice to each mans door, remove the delays and
charges incident to the present arrangementI and
fulfil the promises and expectations of those who
established the system. Irepeat il sixty-six ccun,
ties with six Judges in 1885, was such an inconve
tainly, eightytwo counties, with only seven Judges
calls for remedy now. In 1886, sixty-six counties
and seven Judges, would be shout equal to nine
Judges with eigbty-two countless at present. 1t is
| submitted in all candor to YOUR better Judgment
that the proposition for two additional circuits s ail
/ GASTON.