Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1864-11-24

NAV claim to have exempted for the due admistration of
the Government and laws tt.reof but this exemption
shall continue in any State after the adjournment OF
the ne 1t regular session c. its gsaiure unless such
Legislature shall bg Law exempt them rom military
duly 10 the provision aruty Of the Confederate States"
It unnecessary to consider the feet OF any of these
exemptions ac's because tHey all repealed by the
act of Feb 18th 1864 and State officers exempted
in the following terms III members OF the several
State Legislatures a1d such State officers the
Governors of the respective States may certify to be
necessary Tor the proper administration OF the govern
mect. If tie petiiouer be State officer, and had ne
produced ally such certificate in his behalf from
the Governor of this State, must presums
that the Confederate officers would have ad-
mtted it and have Exempted him accordingly. But
be has failed to produce any such Certificates and yet
he insists nevertheless shat right 10 exemption is es-
tablshed by the ion OF our General Assembly v
That body, ny act rat,frd on the !4th day OF De
cember 1863 mentions several officials 80 Unnecessary to
carry the oper aons of the State government for
whom claims had Cd made and OBJ FAMED under the
oct Of Congress of May 1863 and then claims and ex
empts them from CONSUMPTION. Among the officials
thus caimed to be ezfmpt are the Mayor and p Ice
of Raleigh" S5e Laws of Extra Session ii Decemoer,
1868, CD. IA The anne body al it's extra session in
May, 1864, by resolution ratified the Is day of the
same month demands the exemption of the same TO-
getner with some others, prefacing it with preamble
declaring that eaEess and free discharge OF the officers
of the Sae essential the preservation Gifts sovtr-
eighty, and hat "Congress has power to conscrpt
State officers"
Has the Iezisla ure of State the right "to dtmand"
these exemptions it is very decidedly our opinion that
has and that it has to the exclusion OF every other
department OF the State g0vornm mt It s clear, be-
you'd all question, that within tee limits OF the written
Constitution, which the people of the State have impos
ed upon the government, the legislative power Is the
supreme power 10 'he State. Among its vast powers
of legislation, which Unlimited and aurestrctsd ex
cept by the Constitution is that of ascertainng what
oicers in addition those specified in the Constltu
ton necessary for the efficient management OF the
lirs of the State aud ben Of appointing the officers
ard prescribing their dues. The power OF the other
two great departments of Government are very differ
ent the Judiciary Il essigned the power OF expouldng
the constitutional laws while the executive has solely
the power to enforce their faithful execution From
this seems to follow logical sequence, that
when il shown that each State is the sole judge as to
the off that Necessary to the action IF gov
eminent its Legislature and s Legls AZURE Alone is the
organ b. which judgment is to be ascertalned and
made known. 1t may we'll be that the Legislature can
select and appoint The Governor its agent cert-
~ its decision, but unable to fad among the
powers given Tire Confederate Government any
authority confer up n the Governor of the State
the power decide, and then ~ certify his decision
to who are nects sary GERS. Ene conclusion to
which this co1'se OF reasoning leads is, that the
petitioner entitled to his discharge, provided he is
such officer the gal lture has power to exempt
being aFy IL the admnlsratOn.Cf the laws OF
he Stale. Police defined by Wooster to be &c a
body Of civil Ulcers, especially Cities for enforcing
the law Clues and towns are we'll known parts, and
vey suportan5 parts Of the organic aioh OF States
heUce 'te enforcement OF the laws, within their charter
sd limits BE- matter of great Importance to the
veal of 5 ate Itself. It fellows sas necessary
qdence he police of eli the larger towns and
especially Of the clplta of STATE be deemed
esq nal the uiI, complete and bened al action of
the State government. Tue inclusion is that the
petitioner is entitled be discharged with costs
WILL H. BATTLE.
Concurring opinion of Chief Justice r. NJ Pearson
IN the Of Johnson Us Bullet
concur luiy the decision this case for these
reasons:
list. What officers necessary and proper for the
admiOi,t alton OF tie iovernmeut, ia martsr coDfie
to the wisdom OF tie Legislature by the Constitution of
the State except respect to the officers created or
cogniz c by hat iLsrumtnt itself Whenever the Leg
sla ur5 creates and and lis Office, authorises
county or municipal corporation to do it is to be
taken coDcusvey "presumptiOn of law" that such
office is necessary and proper, Tor otherwise the folly of
creating and continuing useless effects imputed to the
Leg stature.
ID lhe Governor, members of the Legislature,
Judges and other o of the State, not liable to
coascrpton by tue force and effect OF the Constitution
and OF our form government and stand in need of
an ex mption either by act of Congress the
ticae ard claim OF the Governor act of the Legs-
aure. For the power to nscript restricted by the
condition that it does not include officers Of the States
otherwise, the existence OF the would be made
to depend on the will of the creature
So that part OF the act o. Congress which enumera-
ted among the persons exempted" The members of
the several State Leg satures and such other State Of
fcers the Governors of the respective States may
y to be necessary for the proper administered of the
State go7ernmen'a-act 17th February, 1864, 10,
clause 2, Is matter OF supererogaon The certificate
of the Governor therein required has legal effect and
the resolution OF the Legislature which demands the ex
emption OF State officers, is in effect protest by that
body against the right asserted the part of Congress
to conscript Ulcers of the State by enumeratng them
among the persons whom in its WISDOM it is deemed
expedient to exempt.
R. M. PEARSON
FROM THE GEORGIA FRONT