Wilmington journal., 1871-01-13

II chow the necessity of Conven-
49,, +o lon of useless Offices Whlch arc
bnrdensome and oppressive to the pe0pi0.
We now propose to examine the system oi
Government itself. The Convention OF
1853 which framed our present Constltu-
t;or. convened under peculiar ciroumstan-
oos We we're then under military rule
uare cont of the Union; and our people
uare anxious to restore their relations
with the United States. The ConVentlon
was called by military order issued by
Genersl of the United States. The occa-
eion was such that but few representatives
of the sober, industrious men o. the o'a'0
vera in that Convention. The result was
+bot q svstenn of government was devised
iIl-adapted to the requirements OF our
neopIe, We are a poor people, and there
fore need the most inexpensive style o.
,,overnment. We are blunt, honest folks,
and therefore prefer a simple form OF gov
ernment which all can be familiar Win.
We wish all of our public business trans
acted in such a manner that every one
interested may understand "the why ana
the wherefore" Instead of the constltu'
tion establishing a simple and ecohoLnlc6'l
form of government it gave us comRleA
ona-bard for the best of US to und@-
stand. and in some degree entirely I'M
nracticable and far from being economl-
cal like the system it superseded, 1t is
magnificent and splendid concern.
rich people can afford maGnltlcence III
their arrangements, but our wants ana
condition require us to curtGil every use
less expenditure. The system lnaugurated
by the Constitution is the New York sys-
tenn and may answer q good purpose IN
that densely populated State, but IS en-
tireIv incompatible with the needs Of our
people.
In the first place it destroyed the Old
County Courts" which were, ii truth,
the peoples Courts, where Justice was e1-
peditiously, cheaply and we'll administered,
and where the forms and method OF pro
oeeding were SO simple that every intelll-
gent citizen could readily understand the
MANAGEMENT of county affairs, and could
easily become acquainted with the prln-
ciples on which are based the laws OF his
country. Indeed, these Courts were
schools in which the young men of the
State from time immemorial had been
trained to venerate the law, to love
liberty, and to prepare themselves for the
administration of public affairs. They
combined the advantage of an Inexpensive
judiciary with quarter sessions, which
brought the people together at stated
times, and were a great convenience to
the citizen in the transaction OF his private
as we'll as public business. In their place
the new Constitution established Boards
of Commissioners to attend to county
matters, and a novel but expensive con
ern with power to hear cases every day
in the year.
The latter sits, as it We're, il private
session; apprentices children, grants letters
OF administration, makes guardians ara
unmakes them at its discretion, at all
hours, and not unfrequently. perhaps,
transacts these important matters without
that consideration which they would COM
mand if they were to be arranged IN term
time before the public. The Court being
perpetually open, and the summons
having no stated periods for their return,
parties to suits are obliged to pay unre-
mitting attention to their cases, and if one
should have much business in Court
unnecessary time must be consumed in
attendance on divers days, rendering the
system extremely expensive and obnoxious
to the people.
But so oppressive is this last feature OF
this iniduity that even the Republican
party, which transplanted it from the
North, have continually kept it partially
suspended and imperative, by which they
have failed to carry out the provisions o.
their ill-devised Constitution. The result
as might have been forseen, is '' confusion
worse confounded," the cleverest lawyer
being frequently ignorant of the prope
mode Of procedure.
And yet the worse part of this system
is, that to render it perfectly harmonious
there should be Superior Court Judg
for each county in the State-a necessit.
that would entail still greater burden
upon our impoverished people.
It is, therefore, universally conceded b
the thinking men Of al parties that thu
new-fangled judicial system is SO utterl
atvaria1ce with the requirements and tn
condition of our people that it should b
at once entirely abolished.
As parcel of the same system, we ha7
bhe new 'Code of OWL Procedure "a
the way from New York-where the mos
eminent lawyers and patriots agree IN COZ
demning it, as highly burdensome and OF
pressive. However, the most oppressl7
and useless Of the innovations fastened o
us by the new Constitution, is the divlslo
OF the counties into insignificant corpora
tions known as Townships, governed b
Trustees with powers to tax at pleasure
What good they were intended to accom-
plish, we cannot tell +; but what harm the
effect, We know to our cost.
An unnecessary expense to the peopl
they demand throughout the length an
breadth of the State with one voice, thG