Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1876-06-02
THE AMEN DmENrS-LET them
HE RATIFIED.


The amendments proposed to the
fourth article of the Constitution are
important for the further reason that
they materially change the jurisdic-
ton of magistrates. Under the Candy
Constitution as it now stands magis-
trates have Exclusive original juris-
diction of all civil actions founded on
contracts where the sum demanded
shall not exceed two hundred dollars
and when the title to real estate shall
not be in controversy and of all Grim
inal matters arising within their coun-
ties when the punishment cannot ex-
coed fine of fifty dollars or imprison-
ing for one month" If the amend
ments shall be ratified the Jurisdiction
of magistrates in such cases will 10
longer be, ''exclusive original jurisdic-
tion," that is to say other courts will
have jurisdiction to hear. try and de-
termine such cases. We who live in
in negro counties and under
negro magistrates and magistrates
elected by negroes do not
neei to be told that an amendment
which prevents such magistrates from
being the only power that can try and
determine such cases is a good amend
ment and one much needed. If the
amendments shall be ratified other
courts, courts that know some law and
have regard for both the law and the
rights of suitors, can try such cases
without requiring parties first to go
through the costly farce of trial be-
fore q negro justice.
But this is not the only change that
is made in proceedings before magis-
trates' courts in favor of an honest,
intelligent administration of justice
between man and man. Under the
Candy Constitution as it now stands,
if the party in a civil action against
whom a negro justice gives Judgment
desires the case tried before the Su-
perior Court, he can have it
done only when the judgment is for
more than twenty five dollars. IF the
judgment is for twenty-five dollars
or less the Superior Court upon an APP
peal can pass only upon the questions
of law involved and not upon any
question of fact. The proposed
amendments give in such cases the
right of appeal no matter what the
amount of the judgment may be and
the Superior Court has the right to
rehear the case upon all matters of fact
as we'll as upon mere matters of law.
In other words, the parties have a
right under the amendments to have
fair intelligent trial before a court
having a competent knowledge of law
and of legal proceedings no matter
how small may be the amount of
money involved.
Justice is justice and right is right
whether the amount of money at stake
is more or less than twenty-five dol
lars. And because a man is poor
and is obliged on that account
to make small trades it is no
reason why he shonld be compelled
to abide the result of trial before a
corrupt or an ignorant negro magis-
trate. The Constitution and laws
ought to be made for the poor and
rich alike; if they favor any body they
ought to favor the poor, there being
very little danger that men with money
will not be able to take care of them
selves. We are as opposed to having
one court for the rich and another for
the poor as we are to having one law
for the rich and another for the poor
Whatever may be said about race and
color, it is absolutely certain that
money ought not to destroy men s
equality before the law. Let the
amendments be ratified then.