Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-03-17
The Legislature on Caldwell, 4 Co

- The Legislature on CALDWELL & Co
The following resolutions were intro
duced in the Senate on Monday nightlast i,
Dy Hon. Il. j. Warren. and were ordered
to be printed and made the special order
RESOLUTIONS CONCERNING THE RECENT Ac-
TON OF THE GOVERNOR, THE CHIEF JUSTICE
AND CERTAIN ASSOCIATE JUSTICES OF 1HE
SUPREME COURT. -s.-... .tr
WHEREAS, The constitution providas
that the supreme court shall have jurisdic-
ton TO review. upon appeal, and dicision
OF tne courts below upon any matter of law
Or legal inference, to issue certain remedial
wrlts, and hear claims against the State :
and, whereas. the powers and dutie, of
the Governor are prescribed by the same
1nstrum ent; and, whereas, the constitution
further provides that .'the legislative ex
ecutive and sapreme judicial powers of the
government ought to be forever separate
and distinct from each other" and that
>'ail power OF suspending laws or the exc
cation OF laws, by any authority, without
consent of the repres cntatives of the peo-
pie, Is Injurious to their rights and ought
not TO be exercised ;" and, whereas, the
Governor has refused to give effect to an
act of this General Asse embly entitled IAN
pie, ratified the 8th day of February,
1871, and. ignoring the Attorney General
of the State, who by the constitution is
mado his legal adviser, has taken the opin-
ion of the Chief Justice and certain Asso.
ciate Justices of the Supreme Court as to
the validity Of said act, without authority
of law, and when no case involving the
validity thereof was before said court, and
now claims tAat he ls sustained in his
action by the laid opinion. Now, there
fore, this General Assembly, in mainten
ance of its rights and in defence of its
privileges, do resolve ... -..a..
lst. That the Supreme Court has no
other or larger jurisdiction than is express.
y given to it by the constitution.
I'd. That tho opinion of the justices of
said court. In case not properly constitu-
ted therelp, hatn no binding force or ef-
feet, and doth not establish the law in such
case. ~' '..5.H+'.-
Sd. That the said Chief Justice and his
associates, in giving said opinion have
transcribed the limits of official duty and
proprlety the more especially as they have
direct in crest in the question submitted
to them by the executive lH -+.
4th. That the Governor of North Caro-
lima mas no veto power, nor any power
equivalent thereto, and cannot dispense
with laws or suspend the execution there
of. 81. a--@ .-.s ..-lt- ELL. . i a-f
i. 9th. That the Governor is not at liberty
in his official character to feel or to affect
| constitutional scruples, and to sit in Judge
ment himself on the validity Of any act OF
| the General Assembly duly ratified, and to
nuliify it, if he SO chooses but it is his
duty to execute such act until it shall have
been declared unconstitutional in due
course Of law.
9th. That the action Of the Governor
and Chief Justice and Associate Justices
| OF the Supreme Court IN relation to said
| act, is a manifest encroachment upon the
rights, powers and privileges of this de-
parment of the government, and is sub
versiVe of the fundamental principles of
the constitution. . g.. . - -. --
7th.r That this General Assembly De, III
discharge Of their duty 10 themselves and
| in behalf OF the people of North Carolina,
protest against and, condemn this usurea.
ton as of evil example and dangerous ten-
dency. ...