Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1861-08-14
Weldon, n. G.,
FOR THE SPIRIT OF THE AGE
LEISURE MOMENTS.
SUPREME COURT OF NORTH CAROLYN

MINI WYNN OE Oh1h SAhOLINA.
That individual has read the judicial histo-
ry of nations to little purpose, who has not
learned the deliterious results which have
ever attended appeals to popular prejudices
for the purpose of arraigning the judiciary
before the tribunal of misguided public senti-
ment. The annals of all civilized nations are
fruitful with such contests between the Judi
cial and other departments of governments,
which have unfortunately too often been
controlled by party spirit. Event America,
ever since the organization of the Supreme
Court of the United States, eminent politi-
clans have endeavored to deprive it of public
confidence by ~fanatical appeals. The veneer
able and lamented Chief Justice Marshall,
SO r~esplendent in the glory of a virtuous and
consistent fame, failed to escape their CEN
sure, because his liberal construction of GER
tain clauses Of the Constitution did not re-
dfSSEflgthhfseHfFeu fio0pqc4qJrEsnce. His successors,
character, have been alike unfortunately pe 81
cause their strict construction of that lnstru-
ment displeased the friends of a more CON
solidated government.
These politicians have ACCOMPLISHED their
object a result worthy of men to whom a
state OF q%uletude IS a sentence of death:
who only appear conspicuous where honor is
unknown. The North rejects the decisions
of the Supreme Court, considering it but a
political assembly while many of the South
have not that respect for its decisions which
they formerly had. 1t is true there exists
great diversity of interest between the two
sections, which have given origin to many
political parties intended to advance the pc.
culiar interest of their respective sections,
and it may not appear very miraculous that
these ~jurists should have received such I'M
merited c~ensure; for the principle OF self
interest governs people to a great extent,
whether considered individually or %collec-
lively.
But 1t is strange and unfortunate that at a
period when we should be united, that GER
tain gentlemen of ability should endeavor
to produce a hostile feeling among the peo-
pie to the Supreme Court of North CARROLL
ma. This tribunal was created in 1918, as it
exists at present. It's members have ever
been distinguished for their assiduity and f.
deity. "The firm friends of popular rights
and the defenders of the privileges of the
many against the encroachments of the few. -
Their decisions have been cited, not only in
America, bat by the most eminent jurists oil
England, with grateful appreciation. The
presumption is, that such is the character
of our present Judges, until the contrary i is
-O'O DhS SoA ch IiA RO1AtlSIa1lab LlC
merit public censure because they have exer
cised powers not authorized by the Constitu.
ton of North Carolina. IF this charge b
true, they ought to be censured for their de-
cisi0n. But where is the proof of its validi-
ty? We are referred to their decision against
the constitutionality of the "Stay Law
This is the only evidence offered in support
of this charge and public censure is inyok
ed for this offense. But we desire to inyes-
tigate the matter before recording our YER
dict, being unwilling to receive, in the alb
sence of testimony, the assertion of any pol
itician.
1t is known that the judicial department O
our State government was created for th'
purpose of preventing the Legislative depart
ment from violating the Constitution oul
ancestors being aware that temporary infu-
ences often control such an assembly. Ii
my humble opinion the Supreme Court hav
50 far accomplished that object, in declarin.
the Stay Law unconstitutional, and sue
will be the conclusion of impartial minds, a
ter reading the very able argument of tn
Court in support Of its decision. Man
members Of the Legislature which enacte
this law, declared that it violated certai
clauses of the Constitution; and such wa
the opinion of the most eminent lawyers /
the State. Lett the Legislature, or the Con
~vention, enact a constitutional law to pre-
vent creditors from depressing their debtors
for the times demand such a law. Let pol
ticians cease their efforts to deprive the Su
!, prcme Court of public confidence. Ii the
consider it their duty to inform the peop
r relative to its decisions, it would be but q
: act of justice to the Judges to present the
: arguments and refute them if they can.
; such a process will consume too mach tim
E let their reference be postponed to a mo
/ suitable period, for although we may ente
tain great respect for their views on 9th
: subjects, yet we are unwilling to give thel
: in the absence of proof of their validity
4 legal questions, a priority over those of j
rists, eminent for. their legal knowledge.
Let us remember, chat two distinct cod
Of laws-the one written, the other UNIV
: ten-the enc based on legislation, and t
: other on public sentimect-constitute t
!, basis of society. The Investigation and re
t soning on which this popular Judgment
e formed in every community, is the work
;, eo1parstiseIy few minds that is, the ed