Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1862-11-24

III OAShtl16 A"O
our peeple. But, in some instances, deser-
ters have set the officers at defiance, and are
enabled to evade arrest by the assistance OF
others who conceal them, feed them, and, IN
some cases, resist the officers in the discharge
of their duty.
As the crime of deser.ion. so far IS know,
IS not an offence against tae common Law, 50
the concealing. aiiIng, and assisting a deser-
ter to avoid rccapture is not pulishahie IN
orr courts. To aid tire military authorities
in arresting such persons, | recommend that
an act be passed for the punishment OF any
one who shall aid aad assist them, or IN any
manner prevent their recapture: and also to
punish more severely the disobedlence OF or
ders by the Militia.
L also becomes my duty, gentlemen, to
bring to your attention several serious mat
tcrs connected with The administrator OF
Justice in the State.
There is great danger Of lawiessness over
I-ruauino The land and in the great ALUM
dance of mi ita,y ru' els and arbitrary author
ity, people are beginning to forget that there
is still such a thing in existence as ciDlt tdto,
which is the mas er . f US all. Though pre-
eminently a conservative and law abiding
people, our society = already beginning to
offer serious detriment from the violent and
ls " del, ing tendcncieA9fthe times, Murder,
arson, disregard Of obligations, oppression and
injustice, are more common in some districts
than they have ever been known. Not long
Since, as | am informed, a Confederate officer
refused to permit the execution OF a writ OF
hd6eds corpus within his camp, issued by
competent authority, and drove the officer
With denunclatlons and abuse from his pres
ence. ltshould be our pride, as it is our du
ty and safety, to show our enenles abroad
and our laH-breakers at home, that the same
glorious old common law which our fathers
honored and observed, in the midst of suffer
ing and calamity, is still moving on with
power and majesty, strengthening, protect
Ing and sustaining ouryPeople, as 1t ever Will
strengthen and sustain those who respect 1t.
The General Assembly, at its last session,
actuated, no doubt, BY the most patriotic mo-
tives, passed an act sgspending the regular
sessions OF the Supreme and Superior Courts
of Law and Equity. This act, considered by
many unconstitutionaLw was, in my Judgment,
to say the least of it, lunwise in some of its
provisions. That SOM remedy ought to have
been provided protectpg property generally
from sacrifice, and particularly the property
of our brave soldiers who had lett their
t homes and business for our defence, ut IN
deed an enlightened and patriotic public opln-
t ion had not already guaranteed that protec-
e tion, no one will question, and to this ex
f tent meets my approval But the Courts
themselves should be opened and the foun-
tains of Justice unsealed. The criminal law
It especially should be diligently administered,
S for ii has been wisely said that the com
d mission of crime is prevented more by the
r certainty than the severity of its punish
= ment." Again, persons charged with crime
y and confined in prison, even if ~unlawtully
convicted, cannot have their cases reviewed
r-months. thus.yiolatinSFcr sacrca provision
in our Declaration Of Rights, which. says
re :" that every freeman restrained of his liberty
De is entitled to a remedy to enquire into tbs
De lawfulness thereof, and to remove the same
to if unlawful, and that such remedy ought no
\ TO be denied or delayed" [ therefore recon.
mend hat the regular sessions of the Su-
bt preme and Superior Courts be restored.
#, l am also convinced that whilst the sol
der in the field should have his propert,
90 protected from seizure under execution, Their
As a exists no valid reason why, in the great plen
0c teousnesseof money, and the high pfices G
20 30 property, any man should desire to be excus
: ed from paying his debts. | think it proba
VI 10 bic, that it might also exert a favorable in
80 tuence on prices, if men were compelled t
.se part with their surplus property to satisf
q lnelr creators
or In this connection permit me to respect
nc fully recommend that our present circuits b
re- arranged, adding at least one addition;
he circuit and another Judge thereof. The ne
If. cessity for this change vii be apparent frol
the following considerations
Some of The circuits embrace an extende
nd area CT territory with a large amount of b.
n siness. Thei seventh circuit comprises eigI
for teen counties, others more than twelve, az
nc to some, two weeks are allotted. Accordir
il to existing statutes, the Judges are allow
ms an annual salary Of nineteen hundred ar
of fifty dollars, with the proviso "that in q
# cases where a circuit Of the Superior Cour
an shall exceed twelve weeks, the Judges hole
of ing said Courts at any regular term shall
or entitled to a compensation of ninety dolla
H. for the Court Of each county exceeding twel
md held by them, to be paid by the public trea
md urer on the first daysQf January and Ju
ly. in addition to their salary aforesaid, al
, to each week in which a Court shall be he
shall be considered a term" Special ter.
ard of the Superior Courts are also held, and
ako this service a compensation of ninety doils
arv is given to be paid by the county in viii
Of the Court is held. Upon examination
tho will be found that the amounts thus paid
additional and extra Courts exceed the sala
rom ol@ Slisio ooNso. T.,
Iuty Ano iouis y = Il iva chapter
ual- Ina tSesioeu oode p.oNueS enal every JUG
en"ii " = vi IHe Olerk OF e.
red county of his having held the Court of
that equity asooioins ~ :" anu LOT eVefy~st
shall be a deduction from his salary of
lost hundred dollars. Portions of certain c, c,
and are occupied by the enemy, and Ii it is imp
the sible for the Judges TO procure the reeui