Wilmington journal., 1875-07-16

from its exhaustion, with. the advent OF
Democratic Legislature, it seemed
inspired with new life and new vigo,
Indeed, the difference in the Court,
before and after the great event il
so, was very great. When the Rad
ical Kirk war was to be stopped, the
Court was exhausted, but when q
Democratic Legislature was to be de
fed the Court was lusty and vigorous
| enough.
After the Legislature had gotten
well under way, barely twelvemonth
elapsed ere a case was made up and q
decision rendered by the Court taking
from the Democratic Legislature and
comforting upon the Radical Governor
a large part of its powers. We refer,
of course, to the case of Clark VS..
Stanly, 66 N. @. Rep. p. SO. This was
at January Term, 1872. There was no
i Judicial exhaustion then. The maiden
was then amply able to defend her
virtue. But that was not sufficient,
the powers of the Democratic Legisla-
ture must % still further curtailed or
| Radical rule must come to an end III
North Carolina. Accordingly another
| twelvemonth had scarce passed ere
another case Was before the Court and
| decision ren Tered entirely stripping
81, lof,, Of hi OF
tribute of sovereignty and reducing
that body to paltry limited agency
almost utterly impotent for good.
There was no judicial exhaustion then.
rhe maiden was still able to guard her
virtue. This decision struck boldly at
the very root and foundation of the
government, and it was, so to speak,
a Wholesale blow that will work thor
ough revolution if permitted to stand.
OF course we refer to the case of
Nichols vs.. Mckee, 69 N. G. Reports,
p. 429. This was at January Term,
1878.
The Court expressly decl ared the
Wilmington charter to be void, be-
ause the wards of the city did not
contain, as near as might be, IN its opln-
ion, an equal number of voters. Now,
if the Court possesses this power over
the wards of city, it undoubtedly
possesses it over the Congressional,
the Judicial and the Senatorial Dis
t1icts of the State. The same princi-
pie that gives the power to the Court in
one case, gives it in the other cases also
What then becomes of the Legislature?
Does it not become a mere machine to
effect the wishes of the Court at the
eril, if it do not SO, of having its &C.
ion annulled? Everybody who knows
anything of the facts knows that there
are no two Congressional Districts, no
two Judicial Districts and no two
Senatorial Districts in the State hav-
ing an equal number of voters. Z And
yet if the decision in the Wilmington
City case be correct the Court has the
right to declare all these Districts un-
, constitutional because of inequality of
| representation.
Is there any man 60 blind as not to
see the danger that threatens us, as
not to know, with this power over these
Districts in it's hands, the Court can
change and control IN a great degree
the political complexion of our State
Senate, of our Members of Congress
and of our Judges Does any sane
man believe the Court will not exercise
this power for partizan purposes Has
it not already exercised 1t and has not
that first exercise Of it been to take
the control of the city of Wilmington
from the white people and keep it In
the hands of the negroes and thelr
allies? Does any man doubt if by
any mischance the Convention shall
adjourn without altering the Constitu-
ton or abolishing the Court that the
| Congressional the Judicial and the
Senatorial apportionments will share
the fate Of the Wilmington ward ap
portionment and that we shall have
Radical Senators, Radical Congress
men and Radical Judges where we nov
have Democratic ones
Now, this decision, upon which &c
much depends, is i'll accordance with tn
Constitution or it is not. If it be IL
accordance Herewith, the Constitution
ought at the earliest possible time to b'
changed; and this can be done only b.
means of the Convention. If it enot IL
the Court is either corrupt or ignoran
or both and ought to be abolished a
the earliest possible moment; and thi
can only be done by the Convention.
We cannot forget that Pearson ant
Rodman and Reade and Settle, four o
the five who constitute the Court, hav
ere now proved recreant when the lf
of the State WAS in deadly peril. W.
cannot forget the dark days of Holder
and his spies and Kirk and his Gu
, throats. Let us then see to it tina
our friends have control of the Con
, ventlon and avert the danger whil'
happily it is yet in our power. Th
, evil is plain but thank Heaven tn
remedy is no less SO.
COTTTBTS
The Radicals of Columbus Count
| met at Whiteville on Saturday last TO
the purpose of nominating candldat
for Convention, but adjourned wlthou