Wilmington journal., 1876-08-04
THE Am asN DM z Nrs-EEr THEN
he RATIFIED.

BE RATIFIED.
The amendments proposed to the
fourth article of the Constitution,
among other things, materially change
the jurisdiction of magistrates aud for
this reason are very important. Under
the Candy Constitution as it now
stands magistrates have Exclusive
original jurisdiction of all civil actions
founded on contracts where the sum
demanded shall not excsed two hun
dred dollars and " Oh the title to real
estate shall not be in controversy and
OF all criminal matters arising within
their counties when the punishment
cannot exceed fiue of fifty dollars or
imprisonment for one mouth. If the
amendments shall be ratified tbs. juris
dictiOn of magistrates in such cases
will no longer be Conclusive" original
jurisdiction, as other courts will also
have Jurisdiction to hear, try and de-.
termine snch cases. We who live In
negro counties and under negro magis'
trates aud magistrates elected by ne
groes, do not need to be told that an
amendment which prevents such
magistrates from being the on. y power
that can try and determine such cases
is a good amendment and one much
needed. If the amendments shall be
ratified other courts. courts that know
some law uud have regard for both the
law and the rights of suitors, can try
such cases without requiring parties
first to 60 through the costly farce OF
trial before 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 atand
if the party in a civil action, against
whom negro justice gives Judgment,
desires the case tried before the gu
perior Court, he can have it done only
an the judgment is for more thar
y-tive dollars. If the judgment
rs ror twenty-five dollars or less the
Superior Court upon an appeal Cal
pass only upon the questions of Law
involved and not upon any question o
fact. The proposed amendments give
in such cases. the right of appeal NJ
matter what the amount of the judg
ment may be and the Superior Cour
has the right to rehear the case upoI
oil matters of fact as we'll as upol
mel matters of law. LIN other words
the parties have a right under tn
amendments to have O fair intelligen
trial before a court having a compe
tent knowledge of law and of legal pro
ceedings no matter how small may b.
the amount of money involved.
Justice is Justice and right is righ
whether the amount OF money at stalk
is more or less than twenty-five dol
lars. And because man is poor ant
obliged on that account to make small
trades it is no reason why he should b
compelled to abide the result of tria
before a corrupt or ignorant negro
magistrate. Tho Constitution AM
amendments ought to be made for th'
poor and rich alike; if they favor any
| body they ought to favor the poor
there being very little danger that mel
with money will not be able to take car
Of themselves. We are as much oppose'
to having one court for the rich ant
another for the poor as we are to hav
| ing one law for the rich and another lay
for the poor. Money ought not to de
stroy mems equality before the law
Let the amendments be ratified then
The amendments further provide
that in case of vacancy in the offic'
of Judge it shall be filled by the ap.
| pointment of the Governor only unit
the people can have an opportunity t.
make an election. Under the construc
tion put upon the Candy Constitution
by the Radical Supreme Court, th'
Governor can fill the vacancy for tn
whole of the unexpired term. Indeed
Judge Cloud still holds Office by virtu'
of an appointment mode by Governo
Holden in 1868. Hereafter, however
if the amendments be ratified no Gov
| ernor's Judge can hold Office longe
than two years for the reason tha
there is an election every two years a
which the people themselves viii
have the right to fill all vacant Judge
ships.
The amendments also provide an cas-,
constitutional mode for the removal O
mentally or physically incompetent in
dicial officials. Now there is no pow
or of removal in such cases, as i'm
peachment follows crime only and no
mere inc..pacity. There certainl,
ought to be such power, and the fact
that the remedy proposed is precisely
the one our forefathers adopted only
adds to its value.
The Legislature is also given tn
power to direct term of the Suprem
Court to be held for the West. Thi
was done at the earnest request of oul
| friends in that section, who naturally
desire for the Court to 60 to them, al
Aorganton or elsewhere, rather than
they should have to go to the Court al
Raleigh. Without affecting US. the