The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-06-13
saALEIGH, ~. q, WEDNESDAY,, JUNE l3 1866.

s9
up the substitute for his resolutions reported
from the special committee on federal rela-
tions, dispatching commissioners to Wash
ington, which was not agreed to.
He UNFINISHED BUSINESS,
Being the consideration nf the substitute for
article LII of revised Constitution, except the
three 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.
Mr.. Winston moved to insert "whiten
before /" native" in section 2nd, requiring
tile Governors to be white men. Adopted
Mr McCorkle moved to amend the same
section by providing that no worthy citizen
of the State, not a native, heretofore quail
fed under the Constitution to act as 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
ces 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
ernor were made returnable to the Speaker
of the 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 was subsequently made 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.
In section I'd, Mr.. Thompson moved to
strike out 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 to
place the Supreme Court beyond the power
of the Legslature-to render it an indepen-
dent department in 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. 1t is well known, he said that
when unpopular decisions are rendered or
vacancies. filled, a disaffected party in this
State invariably attempts to subvert the
Supreme Court. This department Of the
government, so necessary to the adnlinistra-
tion Of justice, was powerless to protect itself
Let US render itindependent, it and by limit
ing the number of Justices place it beyond
the power of the Legislature to pack the
Supreme Court. and Overtun decision,
which might be unpopular but undoubtedly
correct. 1t should be protected against the
Legislature especially for in that body,
which is almost the supreme power in this
State, these efforts for the injury of the Su-
preme Court are originated.
Mr.. Boyden said it was the opinion of
Judges Badger and Rufin that the Supreme
Court of this State should consist of four
Justices England now had FIVE. That was
the number which he favored He. was op-
posed to limiting the number to three by
Constitutional enactment
Mr.. Eaton agreed with Mr. Thompson, and
thought that three Justices were amply sut-
fcent He referred to the high character Of
the Supreme Court of this State, and urged
that it be made altogether independent of the
power of the Legislature.
Mr. Boyden rejoined enforcing his former
position, when
The question being called, the yeas and
nays were demanded, resulting in the adop-
tion of the amendment, yeas 73; nays 49,
Leave of absence was granted for Mr.
Johnston of Washington.
Mr.. Grissom moved to take up his resolu-
tion providing for afternoon sessions. A
motion to lay on table was lost, yeas 40 !;
nays 81.
The resolution was adopted, and the Con-
vention adjourned.
4 THURSDAY, June Th, 1866.
Mr.. Caldwell of Burke, from the commit
tee on State amne~ty, reported substitute
for an ordinance in relation to that subject
referred to said committee.
Wr Wilson, from the committee on the
stay law, reported an ordinance to amend an
act passed by the late General Assembly
commonly called the stay law.
Discussion arising upon the ordinance as
reported, it was recommitted, when.
Mr.. Grissom asked and obtained leave to
be discharged from the committee.
Mr.. Grissom said that if this Convention
adjourns without passing some law Tor the
protection of the unfortunate debtor, the
gentleman from Orange, (Mr. Phillips,) will
be mainly responsible for it."
Mr. McIvor resolution as follows:
Resolced, That the Honorable B. F. Moore,
Bedford Brown, Lewis Thompson, Nathaniel
Boyden and Alfred Dockery be appointed to
wait upon the President of the United States,
and inform him that the Convention of the
| people of North Ca rolina, called together
under his authority, is about to close the
| labors for which it was convened, and to
| give to him the highest assurances OF the
confidence of the people of this State in his
administration, of their gratitude for his
magnaminity, and of their determination tc
look to the Union of the States under the
Constitution as the only hope of saftey and
of freedom; and that they confer with hin
as to any further action by this Convention
Mr.. Buxton, moved to suspend the rules
Mr.. Winston. moved to print.
Messrs Mcdonald of Moore, Winston
Dick and Phillips addressed the Convention
ALTHOUGH copious notes were taken of tn
debate, our limited space to-day prevents
full report.
The resolutions were made special orde
for tomorrow at two o'clock.
The resolution providing for Afternoon
sessions was rescinded by the passage @
another appointing daily session from 8 a
M. to P. NJ. The Constitution will be cor
sidered daily from II to until perfected
The balance of the days session was cor
sumed in the consideration of two ordinance
amendatory to the act concerning negroes
persons of color &C. Ordinance No. lis
was passed. The other was under considers
tion when the Convention adjourned.
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