The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1861-11-12

This law, which is 50 great a stranger to our
statute books, and to which the people are so little
used; which proposes SO radically to change that
mode of administering justice, which, in all its
main and essential features, used by our fore
fathers before the Revolution, aud by them was
most s"lemniy and Deliberately revised, amended
and perfected within four months after the forma-
ton OF the State Constitution at Halifax, by the
, very first legislative Assembly which ever sat
under it, and has continued ever since to be our
mode through nearly century, demands for pub
lie consideration more examination and discussion
than have been bestowed upon it. That the
I people, whose rights are so deeply affected by this
new law, may see some Of the great Fundamental
changes in the legislative and judicial guarantees
OF their rights, propose to present brief ana y
SIS and review Of it, with some illustrative ex-
amplcs Of its operations. Snn,e, I say, because,
IN my Judgment, dozen years would not suffice
to develop all It's nroads upon the long established
! laws and usages Of the people and their most
cherished AID best protected civil rights Many
| Of them [ doubt not were neither forescen nor
! intended BY those who favored the law I shall
not discuss its constitutionality. but consider it
merely as a system Of policy. Section first pro-
! vidcs--
% That the several Superior Courts of law shall
have exclusive original jurisdiction to hear, try
and determine all causes Of civil nature what
evor at the common law, which may require the
Intervention OF jury"
If this section stood alone, it might be main
tanned with great force Of argument that it con-
ters exclusive jurisdiction on the Superior Courts
in every matter Of contract, however small--six
! pence well six thousand dollars. And
planned it is by section 16, which enacts that
none OF the provisions Of this act shall apply to
the collection of interest any contract" &c,
aud by section 10, that " hereafter all civil war
rants issued by Justices OF the Peace shall be
made returnable for trial twelve months after
date, the true construction will, perhaps lie in
the conclusion that all suits upon debts and de-
mands, except for the recovery of interest, the
Superior Courts aud Justices OF the Peace have
concurrent jurisdiction. But, if this were the
change though very great, the evil is small com
pared with those other evils which the brings
into existence, that should consume the readers
time very much amiss, if | were to invite him to
consider IT; although the costs of most suits in
that Court would far exceed the sum sued for.
The section Of this law provides
q That there shall be bat one term of the said
Superior Courts of law and equity opened and
held in each of the counties of the State, in each
year, which shall be holden at the times and
places required by law for holding the Fall
term Of said court, and all laws requiring the
holding of the Spring term Of said courts
hereby repealed"
The obvious purpose of this provision is to ex-
cuse tic debtor from fulfilling his obligation to
pay money. Bat greatly demoralzing as in this
respect must necessarily be it's effect it is still
vicious in its effects upon public order
upon the liberty Of the citizen, aud his personal
security; upon the safety Of his home, aud his
property in hi actual possession whether in lands
slaves, other estate They are fatal to pub
lie order. No maxim amo"g law givors is better
established, than that speedy trials anG punish
ments for crimes, are the best guarantees for pub
lie order. Delays of justice invites violence aud
crime Of every grade 1t is true, the County
Court is open for the trial Of the smaller mis-
dcmt aHors, bat large number Of crimes IS cognl-
lie only in the Superior Courts. The times natu-
rally enough mu''ifIy criminals who prey on
society; and when society finds the arm Of the
law nervccss paralyzed hy i1ng delay, II is
sure, in sclfdclcucc, To organize rre4ulIr trlbu-
nals which punish by lawIcss trials and un-
measured revenge. Ii in the outset it should, in
obedience to long cherished vcneration for the
law, await with patience the slow coming of the
Court, it will be doomed to disappointment; for,
when finally the long delayed Court arrives, the
week is too short to dispose Of the cases, and a
trifling excuse serves to postpone the trial. The
criminal is sent forth again to his depredatlons,
aud tramplcs with iulp1nity on the PROSTATE law.
Ii the offence charged Is capital, and admits not
Of bail the suspected man, innocent though he I
be, is confined to Il dungeon for twelve months
hctore he can demand trial-and even then /,
there may not be time to Try HIM, or the State
may continue the case, and he is doomed to sufftr
another twelve months in the dungeon. And as
to the civil suitor who seeks to the price
of his land, his slave. or his horse, which in ,
the use and possession of the defendant, what
chance has he to be heard, with docket loaded !
down with criminal prosecutions aud all the civil I.
suis of county containing twenty thousand
people? 1t may be that the defendant is gross
trcspasScr, holding with force your very home
into which he has slipped in your absences he may
have seized your slaves with strong hand, and
still holds them in awless defiance of the cearest .
right He may have assaulted aud disabled your
person, whose only estate your labor, aud that
labor the support of a wife and children; he may
have murderousy slain the husband and father of
a helpless wife and infant orphans and damages
be sought for the outrage; he may have sandered
a poor and virtuouS female Yet against the crIeS
of Justice for any and all these wrongs tins act has
shut up the Courts az 0ft}er to screen q debt0r
tronn p"yjny his j,ts: debts! Can virtue, honor,
religion, or true courage long dwell IN a land
where private rights are so scorncd, and personal
security so utterly abandoned? 1t a man die pos :
sessed of a competent living for his wife and
the executor or administrator is sworn to
sell the property on a credit, and to take the bid
Of him who gives the best price; and he Is driven
to a twelve month Superior Court as the only