Year: 1868

Joint committee, to consist of three on the
part of the Senate and five Oh the part of
the House, should be appointed and in
structed to investigate the charge, and re-
port to the Senate whether the Senator
from Craven had sold himself t. the Dem
ocrats


Bill requiring Justices Of the Supreme
Court to issue official opinions out of term
tine when required to do so by the Gen
ing.


Mr.. Barrow moved to amend bv iusert
ing the words ' United States


Mr.. Sweet opposed the bill


Mr.. Hayes said the object of the bill was
to enable questions Of great public inter
est, which affected nearly every man in the
State, to be settled permanently. The in
terest Of the people demanded the passage
of this bill, and therefore it should be
passed. There was scarcely Senator pre-
sent who had not his pocket filled with let
ters relative to this very question. He said
the interests OF the people required a
speedy passage of this bill that they might
know how to act, and much trouble and
loss to them be avoided. The question as
to who was banned would be determined
definitely and the public mind be OF rest
The bill was necessary to affect this object



ter would be officially determined by the
usual method. The Court only held for
six months in the year, and he was in
formed that no case that could be made a
test case was now before It. For these rea-
sons he hoped the bill would pass.


Mr.. Osborne was opposed to the bill.


Mr.. Welker favored the bill.


Mr.. Barrow had long felt the want of
some similar bill and hoped this would
pass.


Mr.. Lassiter did not know that he would
support the bill in its present form, but
thought it was necessary to avail ourselves
of the best lights we could, to enable us to
guard against difficulties that lie in our
pathway, and which are constituted one of
the CO, ordinate branches of the govern
ment, and at no time would he be willing
to compromise the character of this body
yet he felt that there would be no subor
dination in seeking for information where
it could be found. The Attorney General,
the first law officer of the State, had ac-
knowledged there were difficulties in the
way, and it was just and proper to apply
to that source for information which is
presumed to be the embodiment of legal
learning. The best of our committees are
OF loss the Senate could not we'll de-
termine with safety, and should we re-
fuse to apply to the Supreme Court :?
This course was not without precedent
and it was within the memory of men now
here, that the General Assembly had ap-
piled to the Supreme Court Justices and
asked their opinion upon the question of
freehold suffrage, and that opinion, as
declared, had been respected and had con-
tributed much to settle question of some
trouble even in times of quiet, order and
precedent. But now when we were setting
in motion 3 new government without pre-
cedent and with but few lights to guide
in the future, why not guard against blum
ders and save ourselves from trouble and
the country from cost.


Mr.. Osborne agreed with most of the
remarks of the Senator from Granville, but
thought it was Lowering the dignity of the
Legislative body to seek the opinion of the
judiciary body,


Mr.. Winstead had no objection at any
time to hear the opinion of the Supreme
Court, but was not willing to take the in
dividual opinion of the judges given here
and there without proper consultation for
guide. He moved that the bill be re-
ferred to the Committee on the Judiciary.


On motion of Mr.. Moore, of Car teret.
the Senate adjourned.