The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1862-11-26

j Though pre-eminently CONSERVATIVE aud
law-abiding people, our society isalrrady
beginning to suffer serious detriment from
the violent and law-defying tendencies d
the times. Murder, arson, disregard oil
obligations. oppression aud injustice, are
more common in some districts than they
have ever been known. Not long since, as
| am informed. a Confederate officer refus-
ell to permit the execution OF writ of ha-
6eas corpus within his camp, issued by
competent authority, and drove the officer
with denunciations and abuse from his pre-.
sence. Il should be our pride, as il is our
duty aud safety, To show our enemies abroad
and our w-breakers at home, that the
same GLORIOUS old common law which our
fathers hunone,l and observed, in the midst
Of suffering and calamity. Is still moving On
with power and majesty, strengthening
protecting and sustaining our people. as IL
ever will strengthen and sustain those who
respect il. The General Assembly, az its
last session. actusted. no doubt. bv the
most patriotic motives. passed an act sus.
pending the regular sessions Of the Supreme
and Superior Cnutts Of Law and Equity.
This act. considered by many uuconstiiu.
tionsl. was, In nv Judgment, 10 saw the least
of il. unwise in some Of lis provisions.
That some remedy ought e. have been pro-
vided protecting property generally irom
sacrifice, aud particularly the rroperty NJ
our brave soldiers who had LEFT their homes
and business for our defense, (if indeed
an enlightened aud patriotic public opin,on
had not already guaranteed thatprotection,)
no one will question. and Ia this extent
meets nv approval. Bnt the Courts lhem-
selves should he opened and the fountains
Of justice unsealed. The rriniasl Law 81
pecially should be diligently administered,
for il has been wisely said that "the CON
mission IT crime is presented more by the
certainty than the severity nf III punish.
ment.' Again. persons charged with,crime
and confined IN prison. even II unlawfdlly
convicted. cannot have their cases review.
ed in court af higher jurisdiction for mn.
nv mOaths. thus violating that sacred pro-
ylsion in our Declaration of Rights, which
SAYS ." that every freeman restrained 1t Nj.
liberty is entitled 10 a remedy 10 inquire
INTO the !awiulness thereof. and 10 remove
the sane Il unlawful. aud that such remedy
ought not To be denied or delayr,i." III
therefore recommend ,hl, The regular ses. |
sions Of the Supreme and Superior Courts
~ restored.
! am also convinced that whilst the sol. |
der 70 The field shouid have his property
from seizure under execution. /
there exists no valid reasen WHY, in the
great Righteousness of money, and the hisi |
prices Of property. any man should desire
o be excused from paving his debts. u
hink IT probable, that il might also exert /
aSorrble influence on prices, Il men were
compelled 70 part with their surplus pra.
Derty To satisfy their creditors.
Ia this connection permit me 10 respect
ully rseamnend that onr present eircuit,
,e re arranged. adding at least one add.
ional circuit and another Judge thereof.
The necessity for this change will H. appa
ent from the following considerations
Some of the cirenits embrace an extend
d area of territory with a large amour, Of
business. Tie seventh circuit sOmpri,es
= y NWhhAtNNt WtlNA1 WlNA6 kJall IM eve.
nd TO some, two weeks are allotted Ac. Il
.ordiug 70 existing statutes. TIE Iadyesare
flowed ~ annual salary II nineteen hun.
Irei and hlty dollars. with the oro.i.o
that 10 all c,scs where circuit Of the
Superior Courts .htlI exceed twelve weeks.
be Judges holding saii Courts Al any
ocular term shall be emitted TO cpmpeu.
alton Of ninety dollars for the Court Of
sch county exceeding twelve held by lhem.
be paid b. the public treasurer N Tie
irsl days Of January and July 10 81 lilion
. their salary aforesaid, and each week in
which Eourt shalt Be he'll. shall ~ enn.
idered a term Speeialterm Of The 81.
error Courts are also held, and for this 4
ervice compensation Of ninety dollars Il ,
wen q be pad b. til county IL which the
curt IS held. Upon examination il will /
e found that the amounts thu, paid for .
iditIonal aud extra Courts exceed the sal. /
y q single Judge. I
The fourth section uf the 1921 chapter IL d
le Revised Code provides that every i
" Yn Gtfalf ftNnI8.S. !. ..tYsr 80.