The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1868-02-18
The Convention.


and we do not believe that either is being improved
We have been earnest friend to speedy recon-
struction since the close of the war; but do not
think consent to endorse of the proposed
changes because fear they will injure the peace
and welfare of our people generally. When the Con-
stution is completed and submitted for ratification,
all of US can better Judge what will be right
and proper.
On Wednesday, the Convention devoted good deal
of time to arguing proposition TO change our Jul
dical system, and abolish the distinctions exist
ing between Courts of Law and Courts of Equity.
Our native lawyers, such men as Rodman and Jones,
opposed the proposition, while Mr. Tourgee, IA new
resident of the State,) favored it. We give below a
short sketch of the remarks of Messrs RodmaE Jones
and Abbott, on the subject. Mr. Abbott is North
ern man and new conner, but he does not appear to
be in favor of making changes in our laws merely
for the purpose of suitng Northern sentiment-he
has shown fairness and modesty in the Convention
Mr. Rodman said it rather singular that
member of the profession MIR Tourgee) should IN
sinuate such intelligent body as this, that all
the rest of the bar devoted to nsatlae greed OF
money, excepting himself. Mr. r. was not willing to
put into this Constitution things that were repulslve
and odious to the people. He wished to produce
good and wise Constitution, that the people would
ratify as it was the only and the shortest way of
getting back into the Union. He would oppose the
incorporation of such measure into the Constitution:
ls because it did not belong there but to an act OF
the Legislature; and, Ind because he did not think
it right of itself He alluded to the high standing OF
the bar of North Carolina, and their universal will
lngness to assist, with aid and counsel those who
were poor to pay for the services OF lawyer
Mr. R. next argued the objections he had raised at
some length regard the fees of lawyers of this
State and New York he had been informed by good
authority that a small case here, probably costing
from Is to 20 dollars, would cost there fully SUI
A gentleman had told him that, for merely asking in
formation in regard to afxng stamp, he had to pay
$40 for the information. He perfectly agreed with
Mr. Tourgee in wishing to accelerate the achons OF
the Courts of justice, but he could not see how the
views of the gentleman would accomplish that end
1t would create confusion, annoy the people, and he
| mir RI would oppose Incorporating anything into
the Constitution fatally demoishng to our whole
SYSTEM that has worked so well and justly elected
the praise of the bar of the whole country, and with
which our people perfectly well satisfied
| Mr. Jones, of Washington, claimed to know as much
about the sentiments of the people OF North Carolina
as the gentleman from Guilford, (Mr Tourgee) That
! gentleman seemed to have mania to fix upon the
people of this State certain customs simply because
the Northern States had seen mt to establish lhem
He protested against this wholesale butchery of all OF
! our tme-honored, universally beloved and revered
Judicial system Our people had steered clear OF the
foolish sentimentalism that had Overrun some of the
| Northern States.
| Mr. Abbott said he would move the indefinite post
! ponement of this matter, he did not think they
should deal with this matter in the Constitution To
do it, would lay embargo upon the Legislature,
in considering the matter. He in favor OF some
alteration in the practice in this State, but did not
see how the adjustment of the distinction between
the Courts would materially affect the chcapness or
celebrity of justice. He thought they should be very
cautious how they tempered with such institutions
! He did not array himself against the measure, and,
at the same tme he did not sympathize with the
remarks of the gentleman from Guilford. He was
afraid of improvement or innovation, but this was
too grave matter to step into with such boldness as
| the gentleman from Guilford would have u.s. lie
wished leave the coming Legislature free and I'M
! trammelled. They had enough legitimate business
to occupy their time.
Notwithstanding these prudent and sensible sns-
gesons the Convention voted in favor of the Propo-
sed change-yeas 80, nays 80,
| An ordinance has been passed giving the Sherlhs
of this State time until the 1st of January next to
collect arrearages of taxes for 1866 and 81.
The Senatorial Districts have been fixed The
State is divided into fifty Districts, apportonlne
Senators exclusively population, and does away
with the property qualification
! An ordinance also passed allowing every man
without regard to qualification, who can prove
moral character and pay the tax fee, practice Law
in the Courts of this State.