The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-06-13

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bly, from conferring Office upon members Of
that body. .ii}
On motion an ordinance for the relief of
the voting population of Rutherford and
Polk, was taken up, when
After q few explanatory remarks by Mr.
Logan the ordinance passed its several rea-
dings. -
Mr.. Grissom from select committee re-
ported an ordinance authorizing the exchange
of registered bonds for certain causes.
An ordinance to repeal section II Of an
act concerning negroes, persons of color or of
mixed blood, with substitute reported by
committee, was taken up.
Mr.. Eaton offered substitute which was
adopted
The ordinance was amended and passed
its several readings.
THE SPECIAL. ORDER
Being the consideration of art ", sec. 2,
judicial Department of the revised CoHstitu-
tion, as amended by limiting the number of
justices to three. Sections 2and 8 were
passed.
To sec.s4, Mr.. Adams offered an amend
ment limiting the term of Office for the judi
ciary to s years.
Mr. Logan, an amendment to amendment
limiting the term of Office to 10 years, and
providing that no Chief Justice or associates
shall remain on the bench after the age of rs
or Judges of Superior Courts after 70 years
of age. Lost.
Mr. Adams amendment was not agreed
| to.
Mr. Love of jackson moved to limit term
of Justices of Supreme Court to good behl-
yior, and Judges Superior Courts to IL
| years. @
Mr.. Moore of Wake opposed the amend
ment. He said that the judiciary of North
Carolina was source of prideto every North
Carolinian. 1t was a system which had been
| tried and found thus far to be good indeed.
| Mr.. Moore said that after IL years upon the
F! bench, there would be but poor opening
| for any Judge, who would then be cast upon
his own resources. His old clients would be
gone, and other lawyers have filed his place.
He would have to commence anew in the
| world.
Such was not the case in England When
a Judge was elevated to a higher office in
that country but in the course of political
events was ousted from that Office. he retired
upon IA pension. 1t was due to his eminent
services. In England they held office during
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| liberty when the tenure of their office was
taken from the crown and conferred on them
during good behavior. He was in favor of
allowing the section to stand as it was, the
judges to hold Office during good behavior.
Mr. Loves amendment was lost
Mr.. Mckay of Sampson, an amendment
rendering all Judges ineligible to all other
Offices in the gift of the State during their
term of office or for two years thereafter.
Mr.. Conigland moved to amend by making
Judges ineligible to other offices in the gift
of the State during their term of office
Rejected -ia
Mr.. Mckay moved to amend his amend
ment by inserting the words except to the
office of Judge of the Supreme Court"
The question recurred upon the passage Of
the amendment as amended.
Messrs. Caldwell of Guilford, McKoy of
Sampson, and Settle urged its passage.
Messrs. Phillips, Winston and Conigland
opposed it.
The question being mooted as to whether
under this amendment Judges would not be
excluded from Congress, and whether any
restriction in the State Constitution could
effect this,
Mr.. Thompson of BERTHE moved to obviate
the difficulty by applying the restrictions on
ly to Offices under the Constitution of North
Carolina. This amendment was accepted.
The yeas and nays were demanded and
resulted as follows:
YEAs-Messrs. Adams, Allen, Baker, Brad
ley, Bryan, Caldwell of Gnilford, Dick,
Dickey Ellis, Faulkner, Ferebee, Garland,
Garrett, Harris of Guilford, Harris of Ruther
ford, Haynes Hodge, Howard Jackson, Jar
Wis. Jones Of Davidson, Jones of Henderson,
Joyce, Joyner, King, Lash, Logan, Love of
Chatham, Love of Jack.on, Lyon, McCauley,
McCorkle, McKoy, of Sampson, Mcdonald,
of Chatham, Mcdonald of Moore, Moore of
Chatham, Murphy, Norheet, Perkins, Polk,
Richardson. Settle, Sloan, Smith of Wilkes,
Starbuck, Stewart, Thompson, Walkup, Win
burne and Wright-5O
NAYs-Messrs Alexander, Bagley, Baines,
Barrow, Beam, Bell, Berry, Bingham, Boyden,
Brickell, Brown, Burgin, Caldwell of Burke,
Conigland, Cowper, Eaton, Faircloth, Foy,
Furches, Gahagan, Goodwin. Grissom, Harri-
son, Henry, Jones of Rowan, Manly, Mckay,
of Harnett, McGehee, McIvor, N A. Mclean,
Nat. Mclean, Mclaughlin, McRae, Mebane,
Moore, of Wake. Odom Patterson, Pearsall,
Person, Phillips Rumley, Russell, Rush,
Satterthwaite, Simmons, Smith of Anson,
Smith, of Johnston, Spencer of Hyde, Spen-
cerof Montgomery, Stephenson, Swan, Ward,
Wiley Wilson and Winston-55.
Mr.. Dick moved to amend section by
giving the election of Superior Court Judges
to the people and limiting the officer to a
term of years.
Mr. Dick held that the people would make
as good selections for Judges as the Legisla-
tuIe-that the people being the very persons
who entrust their fortunes, their lives and
sacred honor to the Judges, would conse
quently choose men ofproperty and learning
The system of electing Judges in the Eegis
lature was well known to be what is termed
clog rolling" The capacity and qualiica
tions of candidates were seldom considered
in the Halls of the Assembly.
Beside the limitation of the term of thu
Office of the Judges, and giving their elec
ton to the people, would place the prize o
an honorable ambition before the member
of the Bar, and serve as an Indictment tt
lives Of integrity and probity. The othe
r States, which have adopted this proposed
system of election by the people, are pleasct
, with it, and do not desire a change
f Mr. Dick said he had no objection to tn
present incumbents, and would cheerful.
: consent to their present term being consider
!. ed the 1st term in the years system.
: The yeas and nays were demanded, ant
S resulted as follows:
!, YEAs.-Messrs. Adams, Baker, Bradley
. Brown, Bryan, Caldwell, of Guilford, Dick
: Dickey. Ellis, Faulkner, Foy, Gahagan, Gar
land, Garrett, Harris of Guilford, Harris Q
Rutherford, Haynes Henry, Hodge, Jones Q
/ nar;,l,o,,f 'T.xcae nf HorI1or,on Invno Iou