Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1861-07-31
{. The legislature and the Supreme Court IN
=" ! ~ N0n6icf.W -.

..rhe Legislature and the Supreme Court In
conflict" 81 q 5et,~,E
The last Washington Dispatch containsa mischiev-
&C article under this head, from which we must dis
..nt We are surprised to find such doctrines taught
-. that hitherto decent and sensible paper. The
..,;ce in question is an unmerted attack upon the
C,nreme Court because that body, as was its duty,
ave decisioa recently upon case Of appeal from
Wilson county, involving the question of the con-
sdtutonality Of the stay law passed by the Legsla
,,,e The DisYateh iptmates that the Supreme
r,urt volunteered its opinion in this case and pass
a nv others equally offensive and unconstitutional.
p,tb inti,natons libel the Court Its decision in
.hs case was craved in due form, while the other
.,sos alluded to we're not brought before il.
Rnt the most offensive and surprising part Of the
..ce is the attempt to array the Legislature
.r,;nst the Supreme Court and the suggestion that
The Legislature which meets the 10Th of August,
NAV or ought to nullify the decision of the Court
ID rc.enact the law Such limitations would
,,,rt,e us. did we not know that hasty newspaper
.rt;ces do not always express the real sentiments
Il their authors and are not the exponents of pub
i. sentiment in the region Of their circulation.
The people of North Carolina have determined in
tho formation of their Constitution, that the Su
,reme Court for which it provides, shall be the only
authorized exponent of the Constitution ITSELF and
the only power in the State to expound the law, and
10 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
neople of North Carolina to make Constitution to-
morrow for the first time they would doubtless do
the same thing Their intelligence, virtue, and
1--we 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 Dispatch or the cross winnings 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 sbavers from taking advantage of the
war to Cypress soldiers and others, by sacrificing
their property. Every one felt that something
ought to be done, and that the Legislature, should
doit 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 safe remedy Finally a case was
brought before the Supreme Court, which promptly
decided that the law in question was unconstitution-
al and of course, null and void Now, it matters
but little whether the Dispatch "controverts the
subtletes of Judge Pearson" or not, we are very
much mistaken if nineteen twentieths of the people
ofNorth Carolina do not understand them sufficient
y well 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 constitutional and
safe law for the protection of the people; but we
hope it will do 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 or real grievance, than to
violate the organic law of the land to trample un
der foot its sacred sanctions and throw society with
out helm or compass upon the broad and stormy Sea
Of anarchy and disorder.
We are indeed in the midst Of revolution, bu
the Dipatch lily understands the question, if i
supposes that it is such ignores the vestet
rights of the people in written constitutions ant
laws, and makes every thing bend to necessities o.
emergencies, more imaginary than real. We are il
revolution truly, but with the South it is one t
maintain and perpetuate the vested rights Of tn
people, and to give endurance to constitutions an
equal laws, not to destroy them. Did we aot know
the general character of the Dispatch, we shout
have concluded that the article in question was th
product of the disordered imagination of some rech
less demagogue, who designed to give tub to tn
whale" or of one disappointed in his purpose
stave off the payment of honest debts.
Ellis Light Artillery.