Wilmington journal., 1872-01-12
Cons.isutional Amendments.

Extracts from the proceedings Of the
House, Thursday, Jan. 5th.)
senate bill 10 amend constitution of the
,..,+o. being tnc special order for this hour
,,,s taken up and read.
Hr. Ashc offered an amendment to de
art~r the number Of Supreme Court Judges
.,tIrc.. on and after the first day of No
,,.,nbrr. 1876.
Mr.. Johnston, Of Buucombc. opposed the
.m,ndment. He argued that the commit
r,a had thoroughly discussed this matter,
IA tIcir object was to leave the court as il
! - present organized until Il rc-clcctionsGr
,tr.illcv should occur by reason of death or
resignation.
Mr. McAiilt moved Ia amend the amend
n,.n bV Sayin" the proposed decrease of
he Judges shall take place as soon as the
,,.pplp r9ttifv these appointments to the Con
-.lofion lost.
Mr.. Ashc said hc regretted feeling oblig-
..Ita oil, L any amendment to this bill. 4
s..I doubtless been prepared with care.
.ith ali the care that the committee. conn
.n-.d of perhaps the best material in either
r,Ilsc. could bcstOw upon such Il grave and
Important subject. But the best of us are
able to error. lie conceived HAT the pro
,.~-.I amendment was open to objection,
..,ett objection. 1t proposed to strike out
.;-,. clause in the Constitution with refer
.uurt and to insert these words = The
~uurrme Court Shall consist OF one Chief
.nsticc and two associates. provided that
,fi- shall not apply to the Justices during
rn-ir present tenn cf office unless bv
,iratlI. &c.
suppose the change to b. made. In 1873
. i!at will be the composition of the court :?
the answer is ''ouc Chief Justice and four
i>SociltcS But why, why do YOU Sav SO?
- there anything in the constitution Oil the
ihi,,t , II the prOyiS0 has the effect in
ended fhe only clause in the constitution
.,.sirtling tie Supreme Court will not apply
9th. present Court. and there Will be no
Constitutional provision With reference to
f.> composition. What authority will there
ar. ior the court Ia consist Of four assOci-
..,rs-nOnc whatever. The present clause
Establishes the four asSC cates, this altera-
ion strikes it out. Ills amendment con-
tlurtrs it in. while this pl Divides for the com
p,,ifion of the court duing the continuance
II the present inCllmDents and afterwards.
Bat the committee provides for the c0mpO-
non of the court after the expiration of
...,- term Cf present incumbentS, and not
..trriil~ their term. 50 there would he no
,us" in the constitution defining what
-t.:!I H. the court during that period
his Oh the SuppOsitiOn that the prOyiso
.r.0unlishrS the object desired. But what
is he provso? that the clause defining the
court shall not apply to the Justices 1t
Hocs not apply to the JustjceS 0iy,rherc-i
l"ti.ls to the CoUET. But the Constitution
VII read, = This clause shall not apply To
tue Justices [composition Of the Court dur
.ug their pre~"5d term Of office, unless &c.
When is their present term Of Office p
VIII il bc i'll 1850, in 1890, or when? Why
presume that the = present term will be
applicable in 1874, and not in 1850. The
present term Of Office Will be whenever that
CLAUSE happens to lie read.
Mr. Ashe suggested these matters to
Show that the prol osed alteration is de1ec-
live. His amendment cured these defects.
In his opinion II ere were other amend
lncnts that should be made to cure radical
Effects in the bill and in the Constitution.
After some little debate, Mr.. Ashc'>
amendment was lIlt to vote and lost.