Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-07-31
qualified to come to the bar, or sit upon

be qualified to come to the bar, or sit upon
the bench.
The rules of practice and procedure must,
of course, be as simple as the judicial sys-
tenn of which they are to form part
The Commissioners have had now three
months to perform their work. Why,
then, are we left to grope in darkness
without any such "rules," without any
guide as to the form of action, and with
out any knowledge even of the return day
of a writ? If the old forms OF action
ceased to exist with the adoption OF the
new Constitution, there is not lawyer IN
North Carolina who knows to-day the
proper form of writ Or of any other pro-
cess. What have the Commissioners been
doing since the adoption of the new Con-
stitution
| Radicalism has always an eye to the
main chance" and the members Of the
party are making the most of their present
opportunities for public plumber. The
"new Constitution " declares that emo
person shall hold more than one public
office under the State at the same time, -
but provides that Commissioners ap'
pointed for specia! purposes, shall not be
considered officers within the meaning OF
this section" This proviso, if mistake
not, was introduced by one Of the Com
| missioners himself, with view, doubtless,
to his own case. SO that the members OF
this Commission not only draw their sala-
ries as Judges, but 5000 a month each, be-
sides, as Commissioners. Under these cir
cumstances we must expect that, consistent
ly with Radical principles, it will require
some time longer to hatch the ''rules OF
practice Ind procedure.
Our former Judicial system was the
growth of years, and was admirably adap-
ted to the situation and wants of our peo-
pie. Every attempted inroad had been
rejected by former Legislatures and Con-
ventions, buta few men-wretched adventll-
rers-without prestige, without character,
without learning, banned from all respec-
table society, and finding fellowship only
with negroes, overturned, in an hour, the
work of generations. We know very we'll
that these men could never have disgraced
the halls of the Capitol as legislators save
for the enfranchisement of our former
slaves; but how white men-North Carroll
nians-could be induced to follow in the
Legislature the lead of characterless vaga-
bonds, in destroying the time-honored in
situations of their native State, is one of
those mysterious phenomena of history
which can be accounted for only on the
principle "whom the Gods wish to destroy
they first make mad"
Nothing more inconvenient or unsuita-
BILE could have been devised than the abo-
itiOn of the County Courts, and the sub
stitution of two Superior Courts in the
year for every county, each Court with a
session Of ttOo aceeks. The General Assem-
bly, may, indeed, provide for more than
two Courts in the year for each county, but
this is almost impossible with taOo a0eehs to
each Court, which the new Constitution
requires. In some districts three Courts
in the year, in each county, would keep
the Judges on the Circuit .f0rty-eigM weeks,
making only four weeks in the year for va
cation. A more senseless fundamental en-
actment cannot elsewhere be found. The
Legislature cannot remedy the evil this
can be effected only through change in
the Constitution.
It is to be presumed that the Governor
will soon try his hand on the removal of
your municipal officers. Well, you have
good lawyers in your city, and why not
have recourse to the Court But alas,
what can be expected from bench, the
incumbents whereof, with few EXCEPTIONS,
were elected as the features of the party
which perpetrates the outrage. C1v1s.