The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1844-04-25
From the Marlborough Press.
LANES CASE

ffom the lafoofo0gh Frees.
| LANES CASE
/ 10 our paper q ls.t week. ss meBiinn-
ed the nfus.l 81 Jldes Pra.,.n 10 pro-
nouhee sentence upon llsnry Lsne. hrs-
wIihslsndIns The re.li6esle from Tie So
ffeme Ceurl, directing ihe Cous below
10 proceed % judgmsnl sgainsl him.
u has since occurred 70 Ne that unlsss
the Publie were furnished wnh . more
fall rxIAsnatiun 81 The matter, The present
a,Pert Uf The case - well ~ The motives
oiIhe Judge, might be misapprshended; 70
ohsIsie such result, we have dcemed IL
proper 10 publish The opinion Of the
Judge, 6lsd 10 the rase. which hes been
pOliIsly handed Us by sise clerk. s...t
Asa want of space prevents No from
publishing She Whole record. IL becomes
necessary 60 The introduction nl.the oprn-
ion uf his honor, 10 state, Ina, the pr,son-
er WAS brought "a The bar OF the court,
wherenpon she Attorney General moved
Tor Judgement Aesms, him. and produced q
cerIiiraIe Of the clerk Of The Supreme
Cour,. wilh the seal Of ssid court, dmeri-
ing the Superior Court 10 proceed 10 judg-
ant nj; The counsel for lie prisoner cisect-
ed io the mo,son. the gfound. thai The
appeal ,skeu BY him from The jutgm. 81
the Superior Coat Al the fall TERN. 70 the
Supr-me .Cuurl- NOW ilisIanding the rsid
certificate, was stiH pending IN said court
undetermined: Tor that. the Hon. Willian
CASTOR. one Of The Judges Of said C"uIt,
had died, before the Argument ~ his case
was closed, and before The CoU1 had de-
eided. and before the opinion was deliver.
ell; aud ihsa the two sHGIsina jaages be-
fore whom his case was argued and by
whom IL vas decihed. did mol in iaw cwlsii.
use Court with power to hear and deter.
m,red csuses-and therefore, that lhecer-
n6ca,e produced by The Attorney Gene
r.l, which set i"rh The dec,sioa or opir.
ION Of the Two surviving judges. and not
the d-cis'on or opinnn of the .Snpreme
Court, tId not warrant the Superior
Court 10 proceed 10 judgment. The OBJ
Ij-cion taken by the prisoners counsel
vas based on an affidavit filed By the pri
sonrr stating the sba,e facts.
lis honor refused the motion OF the
Attorney General, and delivered The col
lowing opinion;
We indiclmea. f,r murder.
Lane.
4 The opinion I have formed, tha, The
two surviving judges do not constitute q
Supreme Cour,, with power 70 hear and
determine questions, is founded upon this
train Of reasoning; which deem II pro-
per to file as a par, OF the case. that il
msy appear have uotd,fered ,n opinion
without due consideration; for a bssty
opinion under the circumstances would
indicate wan, al sell respecl, as well as
a want Of respect for those two gentle
men.
By tue 9th sec. of" The ACT concerning
che Supreme Court" the Court has pow.
er TO hear and determine. all questions. "
&c.-The inquiry is, what constitutes
the court
The ls, sec. provides for The appoint.
ment Of three judges. 10 be styled Judges
Of the Supreme Court
The 81 see. provides that said judges
shall hold a court at R4le'gh, twice IN
every year. ,ha, they .hall continue 10
81, al each term unul, &c. aud that SAID
c"ur, shall be s,yl.d the Supreme
/. Court"
Throughout the act distinction u
made b,tsten the Judges Of the COur!
, and the tsurt.
by the 9Th. l0th, and leth sections the
Judges If The Supreme Court have Powe'
To appoint a cle'k-'o prescribe rules o'
. practice for the Superior Courts-snd &c
. appoint a reporter.
By ,he 6,h and l4th sections, the Couri
has power 10 hear aud determine all ques'
,ions-to make amendments and orders
THE court, means he three Judges, SIT
, ting together, consulting aud advising one
! with The Others, upon questions before
! them for Judicial decision.
= The decision IF the court, means the
/. JOINT opinion Of the three JUICES so sls'
ting together. or the join, op'n."n Of ,uo
, aided by the oplni"n and reasoning oil tht
T th,rd. who has sat with them.
. Should The ,hreejudges. sesetally' with
: out consulting and advls'ng. i"rm the
same opinion, il would be the opinion q
3 the three Judges; butt would not be TIC
opinion ~ the .court-should The 'hre'
, SIT. consul, and advise together and t'ct
come to conclusion. after duly consider
: ing the opinion and reasoning Of the thm'
who differs. il would be The opinion ot IN
/. court. although i. is nolthe opinion oil sh'
/, three Judges.