Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-02-17

nOVel ono, SO lull OF uclOfmltlcS tnaG IL
has become byword of reproach and con.
tempt Tho old method of practice and
proceeding in the courts has been abol-
ished, and code of procedure substituted
so ill-digested, crude and contradictory in
its provisions that our highest tribunals
confess themselves unable fully to under
stand it or to administer 1t
except by judicial legislation. The
enforcement of rights aad the redress of
wrongs have to be sought by such tortuous
and expensive channels that 1t IS often
cheaper to submit to injustice than to seek
remedy through the courts. The code
of procedure cannot be repealed or essen
TALLY changed by the Legislature. for
either this or something like it is pre-
scribed by the Constitution. A Conven-
ton alone can rid US Of this incubus and
nuisance. The number of judicial dis
tricts is too great, entalllng much useless
expense. Many other features of the
present system are inconsistent with puri-
ty, efficiency and cheapness 10 the admin
istration Of justice, which is one Of the
prime objects of all good government.
The people have by experience been made
SO sensible of the evils Of this judicial
system that we will not dwell longer apon
the subject. A reform IS absolutely neces-
sary to prevent our judiciary from falling
inty general contempt.
| Inc present. aII (OHuSulD guy
ernments are intolerable evils. their cum
brances and inefficiency, their expensive
ness, and the numerous avenues TO pecula-
ton and extortion which they open up,
arc grievances which have brought COM
plants and circumstances from Hll sec
tions of the State. We believe there is an
almost universal desire for the restoration
of the old County Courts, the simplest,
cheapest, and most honest system of coun-
i, 1
| aboIi OF the existing system, wi th its
wheels within wheels, crushing the people
with burdens. The transaction of the bust
ness pertaining to the Probate Courts is
also much moro troublesome and costly
than under the old plan. A Convention is
needed to effect the reforms which are i'm
peratiyely demanded in all the foregoing
particulars.
There are u multitude of useless Offices
established by this Constitution, which
ought to be abolished. The holding Eof
moro than one Office by the same indivId-
nal, is a serious evil not now prohibited.
The cost of carrying on the government
upon the present plan, from the chief de-
partments down to the court clerks and
justices of the peace, is vastly greater than
it ought to be. The taxes for the last two
| years have been heavy, and yet the Treas
ury is bankrupt; and it is difficult to de-
lures. According to the recent message
of Governor Holden, ut least screen hun-
drea thousand dollars will be required to
pay the expenses of the State govern ment
for the current fiscal year. This alone is
y ruinOus tax upon an impoverished peo-
pie. being twice as much as they were
taxed last year; the last General Assembly
not having levied half az much as they
knew would be needed. s Convention,
! Inv Gin ift,in oh
tenn of government, would save money
enough in one year to pay its own cxpen-
SOS several times over; to say nothing of
what it would save in all the future. No
party can administer our State govern
ment, on the present plan, for less than
about sic huadred thousand dollars annual
ly, reduce salaries as we may. Ten years
ago, under the old system, the annual
cost of the State government was about
tccO hundred thousand dollars. 4 Conven-
ton Of true ard patriotic men will give
lis frame of government by which we
Jan return to those old figures and save
seven hundred thousand dollars year to
the counties besides SO that the call of q
Convention, no matter how demagogues
may cuvil, is a measure of obvious and i'm
mediate economy.
We promised the people relief, and we
are anxious to give it. But In devising
General Assembly is met at every turn by
some constitutional barrier; SO that we are
compelled to call upon the people to un-
fetter our hands, by making the necessary
constitutional amendments that we may be
able to legislate effectnally for their bene.
fit.
There is one overwhelming considera-
ton to which we invite particular atten-
ton, and which of itself renders the call
of Convention, in our opinion, an i'm
perative necessity. One of the most strik.
ing provisions of the present Constitution
has never been enforced, and yet it con
tains direct and positive mandate to the
General Assembly, which men of common
honesty, regardful of their oaths, and who
feel bound by the opinion of our Supreme
Court in relation to the limit of taxation,
know not how to disobey. 1t is in these
7 words: "The General Assembly shall, by
appropriate legislation, and by adequate
80 taxation, provide for the prompt and
IS public debt" If this be construed al
applying to the old debt only, it requires
the levy of toUeIve hundred thousand dollars
of tax to pay interest. Add to this the tai
necessary to carry on the State govern
ment and it will be perceived that tn,
LONGEST tax which this Legislature can lev.
} if they carry out their obligations unde
this constitution, ID largely over ma1Ht0'
| and hdlf of dollars, or five times the ia,
of the past year. The Governor says, il
Z his message, t1c0 millions and q hdf, O
) eight times the tax of the past year.
+ We know very we'll that any such Ia:
would crush the people into the dust. Ye
3 we have taken an oath which cannot b
: fulfilled unless we do make such levy
4 and as honorable men, we see no way o
4 escape, unless the people will call Con
: vantion and relieve us from the dilemm
: by changing the Constitution in this par
. ticular. We cannot believe the true an
honest people of North Carolina expect u
Q to violate our oaths We therefore appes
to them to come to our rescue, and thei