The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1862-11-25

oar armies.
The ordinary penalties prescribed by our Militia
for the punishment of offences, disobedienee of orders
Gc, adapted to peace times, found now entirely
adequate. Wishing to spare citizens the disagree
a5e spectacle Of Confederate soldiers traversing the
country to gather up delinquent conscnpts deserters
and absentees from the army without leave decided
to employ the militia for that purpose. Tn general it
has answered admirably most of the officers having
displayed great zeal and efficiency in gathering up
rapidly all persons subject military duty without
offending the sensiblities of people. But in some
instances, deserters and other Sinking characters
have set the officers defiance, and enabled to
e*ade arrest by the assistance of others who conceal
them, feed them, and in cases. resist the officers
in the discharge of their duty
As the crime Of desertion, far as know, is not
offence against the common law-so the concesliny
aiding and assisting deserter to avoid rscapture is
not punishable in courts. To aid the military an
thOrities in arrestng such persons recommend that
act be passed for the punishment of any one who
shall aid and assist them, or in any prevent
their recapure; and also to punish severely the
dsobedience of orders by the Militia
1t also becomes my duty, gentlemen, 70 bring to
your attention several seons matters connected with
the administration of Justice in the State
There is great danger of lawessness overrnning the
land and in the great abundance military rulers and
arbitrary authority people beginning forget that
there is still such thing in existence cirn law
which is the master of ALL Though pre- -emi neatly
conservative and law abiding people, society is
already beginning to suffer serious detrmen from the
violent aud lawdefying tendencies of the times
Murder arson, disregard of obligations. oppression
and injuttice, in some districts than
they have ever been known. Not long since as | am
informed, a Confederate officer refused permit the
execution of writ of hdbeas corpus within his camp,
issued BY and drove the officer with
denunca tons and from his presence. 1t should
be pride, it is duty and safety, to show
enemies abroad and our law-breakers at home, that
the same glorious old common law which our fathers
hunored and observed, in the midst of suffering and
calamity, is still moving with power and majesty,
strengthening, protecting and sustaining people,
As it ever will strengthen and sustain those who
spect it. The General Assembly, its last session.
actuated, doubt, by the most patriotic motives,
passed act suspendng the regular sessions of the
Supreme and Superior Courts of Law and Equity
This act, considered by many unconstitutional WAS in
my Judgment, to say the least Of it, unwse in of
its provisions That some remedy ought to have been
provided protecting property generally from sacrifice
and particularly the property Of brave soldiers who
had left their homes and business for defense, W
indeed an enlightened and patriotic public opinion
had not already guaranteed that protecton.)
will question, and to this extent meet my approval
But the Courts Themselves should be opened and the
fountains Of Justice unsealed. The criminal law
especially should be diligently administered. for it has
been wisely said that 'he commission of crime is pre-
vented more by the certainty than the severity of it's
punishment Again, persons charged with crime and
confined in prison, even If unlnwfuy convicted, can
not have their reviewed in n court OF higher
for many months thus violating that sacred
provision in our Declaration Of Rights which says that
every freeman restrained of his liberty is entitled to
remove the same if unlawful, and that such remedy
ought not to be denied delayed" l therefore |
that the regular sessions of the Supreme
AHd Superior Courts be restored.
am also convinced that whilst the soldier in the
held should have his property protected from seizure
under execution there exists why, in the
great plenteonsness of money, and the high prices
Of property should desire to be excused from
paying his debts | think it probable that it might |
,lso exert favorable influence prices if men were
to part with their surplus property 10 satisfy
In th. connection permit me to respectfully recon-
mend that our present crcuts be rearranged adding
II least one additional circuit and mother Judge there
If. The necessity for this change will be apparent
rom the following considerations:
Some Of the circuits embrace an extended area of !
territory with large amount of business. The 18th |
rcuIt comprises eighteen counties, others than
we've, and to some, two weeks allotted. Accord
ng to existing statutes, the Judges allowed
iua salary OF nineteen hundred aud fifty dollars, with
he proviso ''ihat in all where a circuit of the
superior Court shall exceed twelve weeks the Judges
folding said Courts at any regular shall be en-.
,1lea 70 compensation Of ninety dollars for the
;ourtof each county exceeding twelve held by them
be paid b! the public treasurer the first day of
anuary and July in addition their salary aforesaid
nd each week in which Court shall be held, shall
re considered term Special terms of the Superior
,ours are also held and for this service a compen.a
ion of ninety dollars is given be paid by the county
which the Court 10 held Upon examination il will
e found that the amounts thus paid additional and
The fourth section Of the 1872 chapter of the Revised
ode provides that "every judge shall produce GER
hcse of the Clerk of each county Of his having held
he Court of the county according to law; aud for
very snch certificate omitted be produced, there
nail be deduction from his salary of one hundred
"'lars. Portions of certain circuits are occupied by
ne enemy, and it is impossible for the Judge to pro-
ure the required certificates. 1t may be necessary
therefore,, TO modify this provision, have effect only
ending the war.
The Hon. Thomas Ruffn, j., residing in the fourth
'dcial circuit, having resigned his place as one of
ne judges of the Superior Court Of law and equity
~ Immediate predecessor, with the advice Of the
ouncil of State filled said vacancy BY granting tenn
orary commission to the Hon. John Kerr, of Caswel
hch will expire ut the end Of your present session.
' your duty to fill this vacancy permanently.
The office Of Attorney General has also been vacated
y the former incumbent, Hon. w. A. Jenkn. catering
he army and accepting office under the Confederate
tates There also Solicitors to be elected for
.veral Of the Circuits
There are confined in Salisbury by the Confederate
uthcrics a number of citizens of North Carolina ar
'sted Tor alleged political offences. How long thew
re 10 remain lncarceraed one can say but those
no unprecedented them What their guilt really con-
SIS In do not know, but tails much it becomes both
ou ana me TO know in view of the oaths take upon
ltering into Office, that they arrested by
wu process, and as citizens OF North Carolina thew
'e emitted under the Constitution speedv trial nv
jury OF their peers, and be confronted with their
;cusers have laid their before His Excellence
Re President OF the Confederate States and when his
ply Is received You will be informed thereof ShouId
ere exist any grave State reasons why they de-
ed trial, 1t is due nj least that should be in
rmed OF them. have not seen official CODY of 5
e Acs out learn from the newspapers that Congress