The North-Carolinian., 1854-10-28
Our Judicial Systematic. 2.
To tie -NcmLers elect Of The Senate
and HouSc of Commons

II appears from the facts, stated in my
former number, that on abolishing the district
system III 1906 and establishing the Circuit
Court system of a Superior Court for each
county, that there were then sixty counties,
"hich were divided into six circuits of ten
ties Ill each: that this continued until 1861,
when the seventh circuit was established, the
counties having then increased to sixty-six; ;
that the number of counties in the sixth
western circuit had increased, in consequence
of division in copntics,afrom ten to thirteen !;
that this considered by the Legislature so
oppressive and unequal that at the session of
lS36-'37, they decided to establish seventh
circuit; that the first four circuits, each CON
tanned ten countics-the Wilmington circuit
cleven-the Rowan circuit, ninc--and the Nor
canton or seventh circuit only six, to wit !:
Macon, Haywood, Yancy, Buncombc, Ruthcr-
ford and Burke.
How do the circuits now stand? Since the
year 1886, the counties have increased from
sixty-six to eighty-two. The first three circuits
Edenton Newbern and Raleigh have i'm each
ten counties; whilst the fourth. Granville circuit
has twelve; the fifth or Wilmington circuit has
twelve; the sixth or Surry circuit has fourte en
countless; and the seventh or Mountain circuit
has the same number. If sxty-sx counties in
1886 were considered so unequal and oppr,s-
sve to call for a new circuit, how much
greater the necessity now? By the the amend
ed Constitution Art. Sd, Sec. IL, it is provid-
ed that ''the salaries Of the Judges Of the Su-
prcme or of the Superior Courts, shall not be
diminished during their continuance in Office"
In lS36-'37 the salary of the circuit Judges
fixed at nineteen hundred and fifty dollars
The number of courts they had to attend were
sxty-sx; the number now is cighty-two, and
the difference in expense at least twenty-five
per cent greater now than then. But do not
place the demand for change upon this consti-
tntional obligation, however palpable, but upon
public convenience and the necessity of the
measure for the 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? l apprehena not
to say nothing of the oppression to the Bench
and Bar. 1t is not the Inconvenience of the
Judges or lawyers that calls for relief but that
of sutors and the public. After circuit of ten
weeks, the Judges the Solicitors and the law
yers become jaded and down. and the
business in the remaining courts is either CON
tinued or hurried over in very nnsatisfact ory
way Bqt this IS not the only inconvensnce
In these larger circuits, the lawyers ana suroIo
are necessarily excluded from the Legislature.
or 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 sala-
>.
This certainly is 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 circnit, with
only seven circuit Judges, is maniestly unjust
and oppressive to the Judges, the lawyers and
sutors, and necessarily attended with delays
and expense. For, instead of paying the Judges
at the rate Of ninety dollars the court in
1886, it does not now pay more than seventy
five dollars, to say nothing OF the increase OF
expense. What is the remedy proposed? for
take it your sense Of public duty will not suffer
this state of things any longer to continue.
Two remedies have been proposed The one
the aboIishing jury trials in county courts and
the establishing of third term in the Superior
Courts This arrangement has the example
and sanction of the State of Tennessee, where
it has been in force for the last fifteen twenty
years, and has been attended with entire sue
cess. How far such system would he calcn-
lated to advance the public interest and con-
venience, it will be your province to determine.
it is more particularly my object to call your
attention to the positive necessity-from a
sense of public iustice-of an enlargement of the
present circuits, by the addition of at least tw o
| more circuits. We now have eighty-two coun-
ties; 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 noun
tains and should contain less number Let
the Edenton, Newbern and Rllcigh circuits
remain they stand, with ten counties in
each. Let the IIisborough circuit also have
ten counties, leaving off Stokes aud Forsythe.
Let the Wilmington and Salisbury circuits
| each have nine counties; and the other three to
wit the Surry, Morganton, and Buncombe
circuits each contain eight counties There
are eight counties beyond the mountains, begin
ming with Cherokee and ending with Yancy,
these should make circuit; and this can only
he done by the addition of two other circuits
| Let this be done, and the expense saved to the
| suitors would, by the more speedy trial OF
causes, greatly exceed the salaries of the two
additional Judges. 1t would be giving the cir
cult system fair trial, bring justice to each
mans door, remove the delays and charges in
cident to the present arrangement; and fulfil
the promises and expectations of those who
established the system. l repeat if sixty-sIx
counties, with six Judges, in 1886, was such an
Inconvenience as to call for additional circuit.
most certainly, eighty-two counties, with only
seven Judges calls for a remedy now. In 1885.
sixtv-six counties and seven Judges, would be
| about equal to nine Judges with eghty-tw o
counties at present. 1t is submitted in all can
dor to your better Judgment, that the PROPOSE
ton for two additional circuits is fair and just,
and ought to be adopted.
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! collision occurred on the Central Railroad
| on Tuesday about ten miles from Neuse River
| 4 negro got very badly hurt. No white person
that we can learn is dangerously injured MI