Newbern weekly progress., 1862-12-13

wv hhush W suuetihk Ahu chidmlty, 70 etill NOV
ing on with power and majesty. Strengthening
protecting and sustaining our people, a. Ii vii
ever will strengthen and sustain those RESPECT i,
fhe General Assembly, at its las, session. aetu
aaed,n no doubt. BY the most patriotic motives
passed an act suspending the regular sesuious O
tho Supreme and Superior Courts OF Law ant
Equity This act, considered by many uneon
stitniionias was. in my judgment. to say th,
least of 1t, unwise in some Of lie provisions
That some remedy ought TO have been provided
protecting property generally from sacrifice, and
particularly the property Of our brave soldier
who had ieft their homes and business Rr oril
defence, III indeed an enlightened and bhtriotit
public opinion had not already guaranteed thai
protection,) no one will question, and 10 hi, ex
tent meets my approval. But the Courts them
selves should be opened aud The fountains ol
justice hnsealed. This criminal law especially
should be diligently administered for il hns been
wisely said that "the commission Of crirfih iSpre.
vented more By the ceriainiy than he ssveriiy
o. Hs punishment Again, persons charged
uithfcrime and confined In prison, even IL IN.
lawfully convicted, cannot have their cases re
viewed in court of higher jnribdiction'fot many
months, thus violating that sacred proyisio n
our Declaration of Rights, which says thai eyery
heeman restrained Of his liberty is entitled to 1
remedy TO enquire into the lawfuiness thereof
and to remove the same il unlawful, and that
such remedy ought not to DO denied or DELAYED
l therefore recommend that the regular sessions
OF the Supreme and Superior Courts be res,ored
am also convinced that whilst the soldier in
the held should have his property prot, cted from
seizure under execution, there exists no valid
reason why, in the great p enteousness Of money.
anu The high prices Of properly, any man should
uesme 70 % excused from paying his debts /
think u probable. that il might also exert favora,
Bile influence on prices, ii men were compelled
TO part with their surplus property to satisfy their
creditors. .--, =, -,
In this connection permit me to respectfully
recommend that our present circuits be re-
arranged, adding atleast one additional circuit
aud another Judge thereof The necessity for
this change will be apparent for the following
considerations. 7
~Some of the circuits embrace an extended
area OF territory with large amount Of basi
ness. The seventh circuit comprises eighteen
counties, others more than twelve, and to some
Two weeks are allotted. According to the exist
ing statutes the Judges are allowed an annual
salary Of nineteen hundred and fifty dollars,
with the provlso that in ali cases where a cir.
cult OF the Superior Courts shall exceed twelve
weeks, the Judges holding said Courts at any
regular term shall be entitled to q compensation
OF ninety dollars for the Court Of each county
exceeding twelve held by them,, to " paid
BY tho pntiic treasurer on the fret da q
Of January and July in addition TO their
salary aforesaid, and each week in which Court
shall be held, shall be considered a term"
Special terms Of the Superior Courts are also
held, aud ior'this service compensation of nine
ty dollars u gwen to be paid by the county in
which the Court is held Upon examination Il
will be found that the amounts thus paid for ad
ditional and extra Courts exceed the salary Of q
single Judge. .t5.f ~
prJasfe E&eAurriprur ttir1fefR ui eueu- vtdihe
of his having held the Court Of the county e.
cording TO law and, foi every such certificate
omitted to be produced, there shall be q deduc
ton from his salary Of one hundred dollars
Portions Of certain circuits are occupied by the
enemy, aud il is impossible for the Judges 10
procure the required certificates. Ii may be
necessary, there eiore to modify this provision to
have effect only pendiag the war
The Hon. Thomas Rufin. Jr residing In the
fourth Judicial circuit, having resigned his place
a. one Of the Judgesof the Superior Courts o.
law aud equity. my immediste predecessor, with
the advics Of the, Council, Of States filled said
vacancy by granting temporary comu,ission q
Hon John Kerr, of'CAsweli, winch will expirt
at the end Of your present session. IL is you
duty to tl this vacancy permanently.
The Office of Attorney General has been als'
vacated by the former incumbent. Hon. w A
jenkins, entering the army and accepting n
office under the Confederate States There ar'
also solicitors 10 be excited for several OF lh
| circuits.
- There are confined in Salisbury by the Con
federate authorities, a number Of citizens q
North Carolina, arrested for alleged Politica
offences How long'they are 10 remain incarce
rated no one can say but those who apprehende'
them. What thor guih really consists In l d
not know, but this much 10 becomes both 20
aud me TO know la view Of tho oatbs we TAX
opon entering into office. that they were ~
arrested by Law iul process. and ns citizens
North Carolina they are entitled under the Cor
stitui IN to a speedy trial by jury OF their peer
aud TO be confronted with thar aecusers. ha'
! have laid their casts b fore his EIrellency q
President OF the Confederate States, aud whe
his reply is received you-~ilI be informed thsr
uf. Should there Q. ist any grave State reasoI
Why they are denied trial IL is due al lsa'
thai we should he Informed Of them. i ha
not seen an official copy Of the act, b
learn from the newspapers thai Congress b
conferred upon the President the power TO ~
; mend the writ Of habtas corpus in all cases
i arrests male by CUnfrdsiaIs authority. II d
y "a once admitted, no man is sAfe from The pow
: = II one individual. lie could At pleasure, sei
= any citizen Of the Bate with or wihc
= excuse, throw him into prison and permit him
: lanRuiah there without rr,ief-a power that
=. unwilling TO sec entrusted 10 any living mi
= To submit 10 ils exercise would In my opini
=. be establishing q precedent aRgsrous Z
" peruicious In ths extreme. Among a people
= uni'ed and faithful 10 their cause ~ ours, VII
' disloyAlty 10 the rare aud solitary. exec ption
n the general rule, Lean see btt liltle good. bnl
~ vast tide Of inaowibg evil from these inOrdin
10 :, stretches OF military power which are last I
j" graeirg us equally with our Northern enem
A free Republic that must needs cast oil its q
~, iluln In every time Of trouble will soon cast II
"e forever. Freedom might DO embraced TO-.
10 and apurn 10 morrow, n steAdfAst and consI
y. n. worship can alone peeuro her souhIleb bleSsiI
gu Hur ohUsen instrumeuts-ihe Constitution
~, the LAws-weIe made the sure covenant Of
n' everlasting residence among usi our delight
i times Of peace aud prosperity aud our guide
'u' shIilI Ia tho day Of trouble and calamity. n
IL ever, u the time Fheh w shUulu abids 81
ng IN by their stern dyerers. aud walk uprighIl
~ the narrow path they have mark, out Tor
'he E,otsleps We sbnuld least Of all, ivfiAke
bslm agd the compass hen the vessel 10 dr.
'n by the tempest, aud c.ouds aud daikness obs
~, the way.
~ Deeply IMPRESSED as Iihave becn with
,as importance ol this subject, have been anI
Nv At thv same Time TO ayUId any unnecessary
al. iI.tt with the e'Conlederale aulhotinea h
oh therefore, waited pstNnlly Ior your Assem6
the confident that you wuulu take proper stvI
ne, maintain the laws and preserve the right
On our people.
tals IA becomes my duty, also, 10 call you