Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1861-07-31
"The Legislature and the Supreme Court in
condict.,,

sThe Legislature and the Supreme Court in
conflict"
The last Washington Dispdtck contains mischiev-
Gus article under this head from which we must dis
sent We are surprised to ndsuch doctrines taught
nv that hitherto decent and sensible paper. The
article in question is an anmerited attack upon the
Supreme Court because that body, as was ats duty,
gave decision recently upon case Of appeal from
Wilson county, involving the question Of the con-
sttutionaty of the stay law passed by the LegIsa-
ture. The Dispatch iatimates that the Supreme
Court volunteered its opinion in this case and pass
ed by others equally offensive and unconstitutional
Both ntilnations libel the Court. Its decision in
this case was craved ia due forn, while the other
cases alluded to were not brought before it.
But the most offensive and surprising part Of the
article is the atteRpt to array the Legislature
against the Supreme Court and the suggestion that
the Legislature which meets the 10Th of August,
NAV or ought to auIlRy the decision of the Court
and re-enact the law Such intimations would
startle us, did we not know that hasty newspaper
articles do not always express the real sentiments
of their authors aad not the opponents Of pub
lie sentiment ia the region of their circulation.
The people Of North Carolina have determined in
the formation of their Constitution, that tae So
preme Court for which it provides shall be the only
authorized exponent Of the Constitution ITSELF and
the only power in the State to expouud the law, and
to decide upon the agreement or disagreement of all
laws passed by the Legislature with that Instrument
They have also determined that from The decisions
of that body there shall be no appeal Were the
people of North Carolina to make Constitution to-
A.
the same thing Their intelligence, virtue, and
love Of law and order will not allow US to believe
otherwise But if majority were to talk as the
Dispatch does, we should oe tempted to question
both their intelligence and their virtue. The case
is very plain one, and does not justify the rhode
montade of the Djspdtck, or the croSs-whiaiags of
other prints who take special pains to crafty their
little party spleen against the Convention and the
Supreme Court, to step out Of the way to attack
them.
The Legislature very justly felt that the times
really required legislative Interference, to prevent
sharpers and shayers from taking advantage of the
war to Cypress soldiers aud others, by sacrificing
their property. Every eRe felt that something
ought to be done, and that the Legislature should
do it The Legislature felt the pressure, and no
doubt with good intent passed Law, perhaps in too
much haste, which the community at once felt did
not fully provide asqts remedy. Finally case was
brought before the Supreme Court, which promptly
decided that the law in question unconsttution-
al, and Of course, null and void Now, it matters
but little whether the Dispatch " controverts the
subtetes of Judge Pearson" or not we are very
much mistaken if nineteen -twenteths of the people
IL ! Al.
yweIl to endorse fully the decision of the Supreme
Court in this case.
We sincerely hope that the Legislature at its next
session will be able to devise a constitutional and
safe law for the protection of the people; but we
hope it will do no such unwise and wicked thing as
the Dispatch suggests. Far better would it be to
rely upon enlightened and virtuous public opin-
ion for the correction of abuses, or to relieve the
greatest possible supposed real grievance than to
violate the organic law of the land, to trampe I'M
der foot its sacred sanctions and throw society with
out helm or compass upon the broad and stormy sea
Of anarchy and disorder.
We indeed in the midst of revolution but
the Dispatch lily understands the question, if it
suppoSes that it is such one as ignores the vested
rights of the people in written constitutions and
laws, and makes every thing bend to necessities or
emergencies, more imaginary than real We are in
revolution truly, but with the South it is one to
maintain and perpetuate the vested rights of the
people, and to give endurance to constitutions and
equal laws not to destroy them. Did we not know
the general character of the Dispatch, we should
have concluded that the article in question the
product of the disordered imagination of some reck
less demagogue, who designed to give tub to the
whale" or of one disappointed in his purpose to
stave off the payment of honest debts.