Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1861-10-10
Judl,iuI .>"d Conventional Lsg,.ia lon.

Ia : Declaration Of Rights made by the Freemen
of the State Of North Carolina" sc find the following
SEC. 4. That III legislative. Executive and Supreme
Judicial powers Of ought be separate
and distinct from each Other"
And the Constitution # the State couiains the fol-
lowing:
sEo l. That the Legislative authority shall be- vested
in diatnct both depend on the people to
wit a segate and hoase of commous."
We make these quotations for two Objects namely, to
show from the fist that while the trainers of the Con-
stitution, in the Declaration of Rights intended to
guard the independence of the judiciary they also in
tended to throw the safeguards around the "sep
arate and distinct independence Of the other powers
government the legislative and executive the second
quotation made to show that the legislative authority
s cOnsttutOnay vested in tro distinct branches both
dependent On the people, to wit senate and house
of commons, net in thee distinct branches to wit
Senate, House Of Commons and ConUention. This
is the Constitution. 1t staGds unabrogated and vet
the Convention without constitutional warrant, with
ont meeting tie constitution fairly in the face and
amending it to suit itself, did legsate did assume and
exercise legislative authority upon matters Of ordinary
aud customary character not forbidden by the consti-
tuition to the legislature but directly cou6ded to ibid
constitute itself atd distinct body paramount to the
two others, 10 whom only, by the constitution egsa-
tive authority is vested
Again, is it not notorious fact that while under the
section of the Declaration Of Rights above quoted the
sepaaeess and dstnctness of the Legislative power
is equally guarded with that of the Judiciary the spec
tace has just been presented of General Assembly
convinced whether mistaken not in their convictions
of the necessity and proprety of passing some stayaw
to prevent sacrifices of property yet egslang in fear
and trembling, not consulting sufficiently their own
convictions, making laws with one eye to the country
and another to Judge Richmond NJ Pearson et al whom
it is doubtful whether ana law whatever Of the kind will
please nor is it probable that any law upon any subject
could be framed that gentlemen of great legal acumen
and subety of reasoning could not find an objection to
Ii fact this probably the true reason why the Con-
venon feared to approach the subject at all although
it was not the reason assigned Is the legislative
independent under circumstances like these?
We do not care to pursue this subject farther. Our
remark are merely suggestive, but We think they will
be Sufficient to awaken inquiry as to whether in fact
we live under the constitution whether cur legislative
power is independent separate and distinct or whether
it is made to be subordinate to- and exercise its fnnc
ors in dread of the judiciary which holds its veto in
terrorem over its bead exercising that power of sus
pending laws the execution of laws without the con
sent of the representatives OF the people, which when
assumed by any authority is declared to be injurious to
the peoples rights and ought not to be exercised They
VIII also awaken inquiry as to whether even supposing
the independence OF the legislative power to remain in
TACT it has been or is exercised 10 this State in
cordance with the Constitution. which vests it in two