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


ness and integrity would be required in the dis
charge Of judicial duties, and when these faculties
would be called into most important exercise, it
would be in opposing the action Of that body which
had entire control over the salary. While it was.
therefore the purpose of the Convention to place
the salaries of these officers as well as the tenure OF
Office beyond the control Of the legislature, by di-
rect legislation it would be to attribute to them
degree of folly utterly opposed to the reputation for
wisdom which they have long enjoyed, to conclude
that they left open this indirect way to accomplish
the same purpose. The reason why this amend
ment made to the old constitution, the debates
in the Convention do not disclose to but it must
have been that that body, Influenced by the lessons
of wisdom drawn from the experience of the past,
desired to throw around the Judiciary another de-
fence and protection against any attack which might
be made omit by the other branches of the govern.
ment and to secure it against oil influences which
might sway it from the fearless, faithful, impartial
and independent discharge of its duties.
The judiciary is the weakest branch of the gov
eminent; I" it has neither force WILL but merely
judgment, and must ultimately depend upon the aid
of the executive for the eficacious exercise OF
this faculty." The legislative is the most powerful
branch and has a constant tendency to the accumu-
lation of power. The judicial can never make en-
croachments the other branches, but requires all
the protection which be given to it to defend it.
self from encroachments by them. Next to perna-
nency in Office nothing can contribute more to the
for their support The remark made in relation to
the President is equally applicable here. lin the
general course OF human nature power over MAPS
subsistence amounts to power over his will. The
enlightened friends of free government everywhere
have seen cause to lament the want OF precise and
explicit precautions in the State constitutions on
this head Some of these have indeed declared that
permanent salaries should be established for the
Judges; but the experiment has in some instances
shown that such expressions are not heiently
definite to preclude legislative evasion. Something
still more pointed and uHequivocal was evnced to
he requisite" Federalist No. 70. A provision was,
therefore, adopted in the constitution Of the United
States of which the amendment in the State const-
tuition is copy and the same learned and eloquent
vindicator Of the national constitution remarks
that "this, all circumstances considered, is the
most eligible provision that could have been de-
vised" The article is quoted with appreciation by
Chancellor Kent and Judge Story; two of the abest
Judges whose labors have adorned the American
bench, illustrated American legal literature
The necessity for such protection, when sustained
by such authority will hardly be denied at the pres
ent day. 1t would be most unwse to protect against
open and direct attack, and leave unprovided for
the indirect, now the most dangerous because con-
ceaed. To impair and destroy the efficacy of this
protection now, to forget in an age of rapid pro-
gress and untried experiment. the lessons of expert.
cnce and to to look to the past for wisdom to
guide us in the future.
The power to impose tax on these salaries car
rcs with it the power to authorize the county courts
to do SO also. The result would be that salary
which the constitution declares shall not be reduced
would be subject to discretionary power of taxa
ton in the county court of any county in which the
Judge might happen to reside.
There is no reason why the Sheriff of each county
should collect all the public revenue; the law might
declare it the duty of any other officer to collect
Suppose then, the legislature had required the pub
lie treasurer retain OF twenty dollars out of
tho of Ind
LIST day of July, would it not be papable diminu,
ton of the salary and therefore unconstitutional?
Is j. possible for ingenuity to invent distinction
between this and that where the Judge receives
his entire salary from the Treasurer, and is after
wards compelled by law to pay portion of it to the
officer who happens to collect the public revenue in
the county where lie resides? We are not, how
ever, without authority on this point The consti
tuition OF Pennsylvania contains clause similar to
this Of ours The legislature of that State passed
an act imposing tax on the salaries of the Judges,
which the Treasurer was required to RETAIN The
act decided by the Supreme Court of that State
to be unconstitutional. Commonwealth ex. rela-
ton, Hepburn VS. Mann, Yates and Sergt. 403.-
This decision has the appreciation of Chancellor
Kent l Kcnts Comm, 1884, and is the only one
directly on the point which have been able to
find.
1t is, perhaps, unnecessary that should declare
the difidencc feel at expressing the opinion that
act of the legislature is unconstitutional which
is increased by the fact that that body contained
some of the ablest lawyers of the State But while
am compelled to differ with them, do so with
tire respect 1t may be, and probably was that this
clause Of the act passed without particular at
tention having been directed to this view of it. On
further examination they may be led to the same
conclusion to which l have arrived. We have q
written constitution which is the supreme law, and
by it all acts of government must be judged 1t is
honorable to institutions like ours, that branch
may differ with-even interpose to arrest the
of another, without producing jar in the sys-
TEN; it continues its course, dispensing the great
blessing of good laws we'll administered upon all.
The reasons why this opinion has net been before
have been communicated privately it is
useless to repeat them here. No tax has yet been
collected under this clause of the act hope there
FORE it will be in time to answer all practical pur.
poses.
have the honor to be, with the highest respect,
your obedient servant,
JOS. B. BACHELOR,
Alto. Genl of N. G..
To Hon. FREDERICK NASH, Chief Justice of the
Supreme Court of N. G.
The POLITICAL ED1roR-We have the pleasure
ofannouncing to the readers of the American Banner
that Mr.. John I. Smith, an able writer and a zeal