The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-06-07
tons, dispatching commissioners to Wash
ington, which was not agreed to.


lngton, which was not agreed to.
UNFINISHED BUSINESS,
Being the consideration ,,f the substitute for
article III OF revised Constitution, except the
t''rce last sections, which substitute provides
for the establishment of the office of Lieu
tenant Governor, the qualifications, duties,
| &c, of the Executive was taken up.
Afr. Winston moved to insert ~ white :"
before t. native" i'll section End, requiring
tli> Governors to be white men Adopted.
; Mr.. McCorkle moved to amend the same
section by providing that no worthy citizen
! of the State, not native, heretofore quail
lied under the Constitution to act Cover
nor, shall be excluded, provided he has been
a citizen for five years past.
Mr.. Logan, an amendment requiring the
Governor and Lieutenant Governor to take
oath of their eligibility to the respective Off
ccs to which they may be chosen.
! The second section, with amendments,
was passed over temporarily.
! On motion of Mr. Winston, the returns OF
! election for Governor and Lieutenant Gov
! ernDr were made returnable to the Speaker
! OF tie House OF Commons.
| On motion Of Mr.. Logan. the amendment
! offered by himself above to the second sec
! ton, WAS transferred to the 9th section, and
! adopted. 1t subsequently made Il sepe
rate section, no. Z.
On motion Of Mr. Caldwell, of Burke, all
of section II after the word :. law " in the Sd
; line. was stricken out.
THE JUDICIAL DEPARTMENT
Of the Constitution was next considered
The substitute reported by the committee
Was read
II section FL SIR. Thompson moved to
strike ont the words in End line or four"
limiting the number of justices Of Supreme
Court TO three
Mr.. Thompson said he desired to fix the
number Of the Justices of the Supreme Court
By constitutional enactment. He desired 10
place the Supreme Court beyond the power
OF the LeGisature-to render it an indcpen-
dent department in the State government
II the number be left open. the Legislature
bv appointing associate Justices to fill the
two vacancies could override the decisions
OF the Court. 1t is we'll known, he said. that
when unpopular decisions are rendered
V. INCL. filled, disatfrctod party in this
State Ia. .,fiabiy attempts to subvert the
Supreme Court. This department of the
government. so necessary to- the a,lministra-
ton of justice, was ;,uwerlc=s to protect itself.
Let US render it independent, and by limit
ing the number OF Justices place it beyond
the power of the Legislature 20 pack the
Supreme Court. and overtum decision.
which mi ~ht be unpopular but undoubtedly
correct. 1t should be protected against the
Legislature especially, for in that body,
which is almost the supreme power i'll this
State, these Efforts for The injury OF the Su
prrme Court are orr ginated.
Mr. BoyGicn said it was the opinion of
Judges Ba,l ger and Itutfn that the Supreme
CoHrt of this State should consist of four
Justices. England now had five. That WAS
the number which he favored. Ee was OPP
posed 10 limiting the number to three by
Constitutional enactment
Mr.. Eaton agreed with Mr.. Thompson, and
thought that three Justices were amply sut-
!icent. He referred to the high character of
tie Supreme Court of this State. and urged
that it be made altogether independent OF the
power of the Legislature.
MT. Boy,ien rejoned enforcing his former
position. when
The question being calle:l, the yeas and
nays We're demanded. resulting in tic adop= /
ton OF the amendment, yeas IS; nays 50.
leave of absence was granted for Mr.. |.
Johnston of Washington.
Mr.. Gri$-om moved 10 take up his resolu- |
titn providing for afternoon sessions. \ .
motion to lay table lost, Yeas 10; i
NAYS Ga.
The resolution WAS adopted, and the Con- |
Vention adjourned.