The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-01-28

81.

such orders as will prevent the sale of property
at ruinous sacrifices and afford relief for all debts,
contracted prior to May 1865.
Mr. Mcdonald said we in a terrific
rial condition-he did not believe this was
State. The Convention was here to form Con-
sttution and give relief to the people. Unless
the people were relieved of debts, contracted up
on the credit of slave property, they would vote
down whatever was done here. Everywhere,
the cry was for relief 1t must be given And
less talk about the Constitution the better it
would be. In fact the Constitution had been so
amended and ''bamboozled' that nobody would
know it, if they saw it.
Mr. Abbott said he could not see the purpose
of the amendment of the delegate from Orange
if offered seriously, which he doubted. The bet
ter way to dispose of this matter had been indi-
Gated in the resolution of reference, which he
had moved. He had been anxious to discover
the truth in relation to relief-he had found one
person, who said that stay laws was made for the
benefit Of the poor and another for the rich land
holder After all the information he could OBJ
tain he was satisfied that he was unable to vote
intalligently even now. Therefore, he desired
to have this matter referred to committee with
authority to send for persons and others, who
were informed on this question.
Mr. Graham of Orange, said that his resolution
was offered seriously, because he doubted the
power of this Convention to legislate He would
be willing to have his resolution 90 before CON-
nlittee, and would offer it as a substitute for MI
Rodmans ordinance. There being no objection.
The resolution moved by Mr. Abbott was then
adopted.
In REGARD TO THE COURTS.
The ordinance of Mr. Tourgee to prevent op-
preston in the courts in certain cases was taken
up and considered.
Mr. Tourgee said that he regretted to have
to use so strong word as oppression, but he had
known instances where innocent men had been
tried and not found guilty, but had been made
to pay costs to such an extent to impoyerish
them. This was oppression to degree which
could be scarcely oyerstated and his ordinance
was intended to prevent it. There was an in
stance ola gentleman ON this floor, who had been
prosecuted but not convicted and yet was bur-
dened by enormous costs. In the County of
Guiltord there was an instance of Il man. who was
prosecuted, was acquitted, and yet had to pay
costs for his defence to the amount of 81 800
In the hands of designing men such laws
were most oppressive and should be remedied
1t was also against the true policy of free State
If man is found guilty, let him pay the costs,
but If innocent his prosecutor should be made to
pay them, else citizens would be impoverished
hereafter as heretofore by the tribunals of the
country in the effort to obtain Justice The evil
must be struck at in the root This ordinance.
even if the power of legislation was not conceded.
would place the Convention on the side of the
right if passed, and show to the world that this
new State was determined to do justice by every
man.
Mr. Jones, of Washington, said there was now
a law of North Carolina that when person was
improperly prosecuted the Courts settled the
costs and made the prosecutor pay them. In
such cases, the defendant must apply for the ad-
minstration of that law. There was no evidence
of such application in the cases mentioned
Was there then any charge Of wrong done by
the Courts? Rather it was the neglect of the
interested parties themselves The Courts are
moved by actions made before them, and not
without And although he sympathized with
the parties mentioned, he was constrained to say
that they should have awaited themselves of the
benefit OF the law. 1t also frequently happened
that persons, accused Of Offences got up prosecu-
tons to yindicate their innocence. Very often
a mol pros was entered and they were glad to pay
the costs. But when solicitor enters mol
lros 1t was his duty to mark on it the name of
the prosecutor, SO that the proper person should
be taxed with the costs. However, as he had |
stated, the parties should have awaited themselves
of the benefit of the law. The oppression alleged
proceeded from neglect on their part
Mr. Rodman said he did not think that either
of the gentlemen, who preceded him, had fully
stated the law. 1t is the law of North Carolina.
that when man is accused of an offence arrest |
ed, and bill found against him by the grand |
jury and he is put ON trial. and summons wit
nesscs, even if acquitted, he is bound to pay the
taxable costs OF arrest, support in jail and costs
of witnesses. And this was equally true if the
} Judge should be of opinion that the charge was
and the man innocent But if the
prosecution was malignant or frivolous and there
was prosecutor. although there are few private
prosecutions in North Carolina, he should be
made to pay the costs. But instead Of marking
he name of the prosecutor, the solicitor prose
'utes III the name of the Governor of the State.
md thus puts it beyond the power of the Judge
True as stated, the law ought to be revised and
,emedled But he feared it was out of the power
IT the Convention to do it efectualy for when
he Constitution was ratified the acts of this BODY
would be of no effect any longer. 1t might be
eft to the Legislature.
Mr. Tourgee said the object he had in intro
iuclng this ordinance was to bring the matter
.early before the Convention He deemed it
wen too high trust for the purest judiciary. to
re allowed the discretion of taxing costs upon
,erson not found guilty of an offence MIR T..
therefore,, moved to refer to the committee on
he bill of rights, with instructions to incorpo-
ate the substance of the ordinance as one sec
ion thereof
On motion of Mr. Jones, the motion was amen
ed so as to refer the ordinance to the judiciary
ommittee
WEDNESDAY, Jan. %
.