Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1856-07-09
WARRENToN, N. c., May 6, 1856.

the opinion that 1t was the purpose OF the LeS'Sa-
ture by the seth section of the late Revenue act t"
impose tax on the salaries Of the Judges Of the Su-
preme and Superior Courts. propose now to con-
slider the second question addressed to me- Is this
law constitutional?
The taxing pow er in its integrity and fullncss, is
an indispensable attribute of sovereignty; land
however absolute the right of an individual may be,
a portion of the public burdens, and that portion
must be determined by the Legislature" The relin.
uuishment of this power is never to be assumed
where deliberate purpose of the State to abandon
it does not appear. Yet it may be rellnqulshed,
wholly or in part, or its exercise may be restricted
by the fundamental laws. The right to tax the sal
aries of the Judges is claimed part of that gen.
cral taxing power conferred the legislature, and
which is now exercised, not for the purpose of d.
minishing them but to impose on them their proper
share of the public burden It is said to be anao-
gous to the tax imposed the salary of any other
officer or person who receives salary. 1t is admit
ted that law imposing tax the salaries of 9th.
er officers comes within this general taxing power,
and is not law impairng the obligation of the con-
tract between the State and the officer. The power
to tax the salaries of these the same as that
to tax the salary Of any other officer if there be any
restriction exemption in their favor, it must be
found in the constitution itself.
The I'd clause of the I'd section of the Sd article
of amendments to the constitution is in these words
The salaries of the Judges of the Supreme and Su-
perior Courts shall not be diminished during their
continuance in Office" This was an amendment to
the old constitution, which provided that these Off
GERS shall have adequate salaries during their
tinuance in Office" What was an adequate salary,
was es-necessitate to be determined by the egisla-
ture, which had the power of fixing it. As this was
q discretionary power, that body could declare an
"adequate salary to be any sum it thought proper
This power liable to abuse, and though it would
have been violation of the spirit of the constitution
to have fixed these salaries at sum clearly made
quate, yet the legislature being unchecked by any
other department of the government in the exercise
of this discretion, could violate at will the spirit of
this part of the constitution This is not the case
with the amended constitution. By it the power of
reducing the salaries of the Judges during their con-
tinuance in Office, is taken away. They may be in
creased, but cannot be diminished. But to secure
them effectualy against diminuton, this provision
should extend to indirect as well to direct cgis-
lation The power to lesson these salaries by direct
legislation is now, nowhere claimed yet the passage
of this act is assertion by the legislature of the
power to diminish them indirectly; and if the egis-
lature has such power it be used to any extent
to which in its wisdom it may proper to carry it.
The consequence of this proposition shows at once
its fallacy The constitution declares that the sala-
res of the Judges shall not be lessened during their
continuance in office; and while it is admitted that
this takes from the legislature all power to affect
them directly, yet it is commended that there is an
NuiTcCt way " uIlfo dC ule Slule emu, ana unOCr
cover of the exercise of another unquestoned power
to destroy them entirely Every part of the const-
tuition must be of equal obligations it must be con-
sidered as one entire charter of power and no one
power should be exercised to violate or defeat
the purpose Of another. All parts should be exer
csed as one consistent whole, and the execution of
one part should be effected in accordance and not
in conflict with any other portion. This should be
the case with the effects and consequences, as well
as in the principal objects intended to be accom-
plished. The exercise of clear and unquestoned
powers should not Ie such to violate, indirectly
and incidentally, other portions of the same nstr-
ment. The principal purpose should be one within
the limits OF authority. 1t should be accomplished
in such way as not to produce unconstitutional re-
suits. The power Of the legislature to impose tax
on oil other salaries is not questioned, as general
proposition. 1t can tax them to any extent-even
TO the extent OF rendering the offices and employ
mcnts yaiueless. In such the security against
abuse is in the interest," wisdom and Justice of the
representative body, and their relation to their con.
sdtuents" But the power to tax the salaries of the
Judges would be, in effect power to diminish
them and would therefore, violate this restriction.
In this the trainers of the constitution have not
thought wise to trust to sucn security alone and
they therefore added the amendment, as quoted, as
a further security 1t is restriction imposed bv
the supreme law on the legislative branch of the
government 8 %
Under the old constitution the Judges held their
Offices during good behavior. Before the conven.
ton. which met in 1885. for the purpose of amend
ing the constitution, the Judiciary bad attained
yery elevated position, and commanded the respect
and confidence Of the State and ofthc whole nation
let in the opinion Of that body this tenure of Office
did not sufficiently protect it in the firm and impair
fia discharge Of its duties, and it was seen that
way was left open by which it might be most sue
ceSsfdlly attacked If the legislature should ct any
time be inclined to do So It was not probable that
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