The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1866-06-13

OF election toI oVtcsuvt rsuus h'cutcna"s
Governor we're made raturnable to the
Speaker of the House Of Commons.
Ca motion OF Mr. Logan, the amendment,
offered by himself sbsve. to the second sec
ton, was transferred to the 9th section,
and adopted. II was subsequently made
q separate section, No. Z.
The judicial department ct the Consti-
tutisn was next considered. The substi-
tute reported BY the committee was read.
! In section I'd, Mr.. Thompson moved to
strike out the words in sd line cor four. !"
limiting the number of justices of the Su.
preme Cour, TO three. Mr.. Thompson said
he desired to fix the number Of the Justic-
Is Of the Supreme Court by constitutional
enactment. He desired to place the Su.
preme Court beyond the power OF the Leg
islature-ts render it an independent de-
partment 10 the State government. If the
number be left open, the Legislature, BY
appointing associate Justices TO fill the two
vacancies, could override the decisions Of
the Court. II is well known, he said, that
when unpopular decisions are rendered or
vacancies filed. disafected party in this
State invariably attempts to subvert the
Supreme Court. This department Of the
government, so necessary to the admins
tration Of justice, was powerless TO protect
itself. Let us render il inder endent, and
by limiting the number Of Justices place il
beyond the power of the Legislature to-
pack the Supreme Court. and overturn a
decision, which might be unpopular but
undoubtedly correct. II should be protect
ed against the Legislature especially. for
in that body, which is almost the supreme
power in the State, these efforts for the in
Jury of the Supreme Court are originated.
Mr.. Boyden said il was the opinion Of
Judges Badger and Rufin thai the Supreme
Court Of this State should consist of four
Justices. England now had five. That was
the number which he favored. lie was ep-
posed to limiting the number to three by
Constitutional enactment.
Mr.. Eaton agreed with Mr. Thompson,
and thought that three Justices were amply
sufficient. lie referred 10 the high char
acter Of the Supreme Court of this State.
and urged that il be made altogether indie
pendent Of the power of the Legislature.
Mr.. Boyden rejoined enforcing his Tor.
mer position, when
The question being called. the yeas and
nays were demanded, resulting in the a.
doptisn Of the amendment, yeas IS, nays
IS.
A resolution to provide for afternoon ses-
sions was then adopted. and the Conven-
ton adjourned.
On Thursday. Mr.. Caldwell. Of Burke.
from the committee on Safe amnesty, re-
ported substitute for the ordinance on
that subject. heretofore referred.
Mr.. Wilson, from the committee on the
Stay Law, reported an ordinance e. amend
said Law. After same discussion the ordI-
nance was again re committed.
Mr.. Mebane, from q select committee,
reported an ordinance in relation to csun
~ debts incurred IN aid Of the rebellion,
Recommending its passage.
Mr. Logan. from select committee, re-
ported back tie ordnance TO authorize the
Fayetteville and Florence Rail Read Com
pany 10 establish a National Bank in the
town Of Fayetteville. Recommending its
passage.
M. Caldwell. OF Burke, introdsced a
resolutisn that ffen and after to day. the
Convention meet daily al o'clock A. NJ,
and adjourn at 4 s'clvek r. VI; add that
no evening session be held untll Otherwise
ordered. Adopted.
Mr. Dick moved to take up fcr present
consideration the resolutions reported by
a select committee. as substitute for the
resolutions Of Nc. Mcdonald. VI Moore.
70 send Commissioners 20 Washington.
The question being u snspendiug the
rules, Dir. Dick said tia. il was accessory
20 send Com mission TO Washington. We
could no longer occupy 01r present posi-
ton. All changes Of Constitution were
utterly useless until the State va. restored
to the general Government. Unless thi.
question is decided, all this work you
have 10 be done over again. the radical