The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-12-09
Special Criminal Courts.

.3siif Special Criminal Courts. y
There seems to be singular misconcep-
ton on the part of some members of the
Legislature, respecting the effect of that
clause of the Constitution which relates to
special criminal courts. The language
CART w. Sect 1917 is: -" The General AS
sembly shall provide for the establishment
of Special Courts, for the trial of INSIDE
meanors,fi in cities and towns, owhcre the
same may he necessary" The. meaning is,
clear, that the Courts are TO be held in
cities and towns; but it does not follow
that they can have Jurisdiction only of those
misdemeanors, which arc committed in
them. The clause does not say that Courts
shall be established for cities and towns, but
merely an them. There is no necessary or
usual connection between the place in
which Court is required to sit, and the
territorial extent of its jurisdiction. The
Circuit Court nfthe United States is requir-
ed by law to sit in Raleigh, but of course
its jurisdiction is not limited by that re-
QUESTION. The benefit of the clause in ques-
ton will be materially abridged by such a
forced and unnatural construction. Antici-
pating considerable increase of crime, and
wishing to give to the accused and to the
public, the benefit of a speedy trial, the
clause was formed with that view; the very
evil exists which was attempted to be
provided against. No reason can be seen
why the jurisdiction should be territorially
limited to a single county, or why it should
not extend to as many as are conveniently
acceptable. Taking this view of the clause,
member of the bar drew an act establish
ing Criminal Courts in the cities of Will.
mington and New Berne, which was in
troduced at the last session of the Lcgisa-
ture. by which it was provided. that when
as many as three persons, in nyof several
named counties which were conveniently
accessible from those cities, should be i'm
prisoned after indictment for misdemeanor,
and unable to give bail, and could not have
trial in the county in which the bill was
found within two months, they might be
tried in a certain one of those Courts. Of
course all misdemeanors commit, d in
Craven or New Hanover counties, could be
both indicted and tried in their respective
city courts. There may be reason why
man should not be indicted in a county
other than that in which the offence was
committed although we know of no con-
stitutional provision to that etfect) but it
would be great relief to the taxpayers and
to the accused persons who now fill the jails
of North Carolina, if there could be speedy
The bill spoken of was amended in the
Legislature, through the scruples we have
been combating, so as to contine the juris-
| diction of the Courts to misdemeanors COM
| mitted in the cities, making them thus
comparatively idle and useless. At the
same time the salaries of the Judges were
either left at what it was thought would be
| an adequate compensation when there was
| something to do, or were increased. 1t is to
| be hoped that the Legislature has not come
! to fixed determination on this subject, but
will give to the Courts already established.
as well as to the one spoken of in this city,
such an extent of Jurisdiction as will make
them respectable and useful, and justify by
their evident utility the expense which they
occasion. .f'r3-HifG zoe j..l.a1