Newspapers / The Weekly Raleigh Register … / April 22, 1834, edition 1 / Page 1
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s -4 ..Pi, 4ft. v. " ' 4i 'if "J calf: 1 .A l! C "?lf IL1 lUVWrS in - . Jt-, -1 m r . . v IL, 3S. -V- OURS ARB THRpLANS AIR f? DELIGHTFUL PRACE,' UNITARPD PAfTY RACf l, TO LITE iLIKR .BROTHEks" " 1 1 " 4 TUKSDAiT, APKIL 22, t8$fc no:. 24; :3 c it I'll i f r a . ". ' i v . - " 4 : -.f t ,! I ' J"V.X.'W. . . II S' - if . r 4 4 v.-,i- The Question is riotnow upon theA alidify ofthetitle un teac erson full by a Ipfevioii legaljaiipointraeni of another . ToMistalii this claWtlife nrevious kppointaientf L.ie- Ka viirntKii or tlusi office kilttiflceU out! Wfien the eiy so, because U doeswbt decideinierparlca by name ; ct lit parttfepof that'nature, (or tlieireonsali-cady tateu, 8 anuthe. protiiDiuon 01 iue coni.uwoii is as uu L ao ' wi.pn not already vested I in aJiotheivUs leetsla- 111 W U V r?-i w w-" - w - - w j . - ion. boprescriDing ie uuu ui omccr jwicii iuin- Nations, their lees, uieir powera aiMj"WHj eunswjiiciiua ih oTdutv including oumsurae ed, Hence most of the ules regulating them, have a 1 reference tOsithfe Ischage ot the duties and the proraoiion of the public convenience; they are pro commotio pppulu Hence tRejr are not tlie subjects of property jn thesense of that full and absolute dominion which isjf recognized -in many other things. They are only theP subjectsjfcf property, as far as tley;can be so iij, safety to the gene ral interes.t,jinvolved in the lUscharge of their duties.' This'priticile;'demtods,at different rights of property should nerecogmetl in ditterent offices, it is one of the ordinary rglits; inf property to afiett ami dispose of itat;pleasure ; but that is inadmissible in public oSlpes, because the public requlreja responsible person to ari swerffor defaultSi I Besides, the uower of alienation Is - noiythe test of property ; for doubtless, it is within, the auipc ui lugiMicviive rauuiuriiyio ixsinci it or to veny n ? as inthe laws whicli prescribe the ceremonies neces sary to the validity of wills ot conveyances to infants and married women, and which. deny altogether the . power of conveying, and which interdict all cbflvey ancesfi made in mortmain. It is another ordinary rijiht of prupuny wruavejuie power oj supsiiiuung anoiner iper- e'ntr nd reiiitival, IreHajl political regukUons and fair within the legisla ivpfovince But to" ltiflict ttiose pMislnent, after iiti&efauIt,isto adjudge ; and to clp it, wutioiu lUfistfaijyJofandstill jmore indefensible. The rJiL-'&z&ri t Kof !i'q 'irf ir mid t.heiefore. 2siai.ure caHiKi " , T-r - 1thrtiirb,thirit has" the forma o flaw, it lis not one of hose fcw$M0& Py which ; alone a fireman can be Tlifta terms . law of the landdp not mean merely. ri act of tpisilsemblyiv 4 every re- fiTi nTton the lecisiaiive aauioniy wouiu oe at once son 10 manage 1 1 r or to, lei iiri ie;ioie anu unmanageu. But thefornr is allowable in some offices and the) latter in none. iTb$" chief executive "office and iudicial offices cannot undelegated, while subordinate ministerial 4ones majES foptberefwpul(le no security tliat, in the former cases thejlelegate wojtfd be competent and no re sponsibility of the vSupeHor would be adequate to answer the consequences though in the fatter itfis otherwise. But noa user is punishable in all public olfecers and. at the election m the.pnblic,,is a forfeiture. So a misde meanor or corruption in office may bti punished1 by judi cial sentence in arty1 mannerpiijscribejif by Jaw, inclnd- inga mouon as tor ioneiiure. i nes are an restric tions and penalties to securi? the public service, which is may be added the provision is in oiir own cojistftution guaranteeing ;atle'iate sala jies to, certain ofiilers, and declaring, that niff rson st ill iold more th one i: crative office at lotief time. ( The latter by no njeans fol-" Iowsffromi the premises. may be quite conpf tent to abolish Ian nhf cmabd truetbat tlie property.fif the offi cer is therel)3oSkcssitylit Yet it is qiffte a difv ferent proposition that altngh theoHce be pntirtued the officer may b?ischaril at pleasure, and his office given to anotherl:frhe office-may be aboiishelj, because the legislature esteem jt MnneQCssary. Tha common weal is promcftedln that lav ; at least, it is fehe appa rent object, a!nd ,must be demed( to be the rel one. But while the office remairts, it is not possjbl that the public interest ch be concerned in the question-, who performs the sefiices incidrnt to it! The sol concern of the community is, that tt sy1 should be performed, and vkM performed iy some Jfity. That they ihould be done y one particular peri' jm-.raore than by Jhother is riot therefore a matter orttJkpcTliency, in afty "sense ; and hence it cannot be the . iub ject of legislation, at one man. who haVthc faith the public pledged to him, that he should havethe employment for a certMn .term, and wbo ha, upio that fai, i entered upn 'th employ ment and faith firtfy execute 1 it' should be deprived Of it and supplanted ry another tjnin, who is to dnfe and can 1 nUy- be more becomiog, state distinctly An4 cwstt3ervV arttcufarly.; .;' :tV ; ' 4" ' " It wa? saidj that as the- tenure wan necessarily at the wilU, of the legislature, he Otook tfiecoEjce received it subject & tosuch alterations of tenur as well jfcV-du ties and era; " imiqui3, aa luci legislature miiii. presCrlOe i;AOUllc Olfv Unction between the tenure ofe judrcial office; ai &elniftr'? oiMJ9iiiuLiuuai anu uuaiieraDie, nutnjic r a cierK as be rsf rain tn Ipwiarafiiri fimm- appointing a judge or justice or t.ic(B;Tg,xkJpt dttrlil . ' .good. behavior. It daes not retratUHhVM.4ft i'espiptto cleric; bat allows that office to begi'ren tr a, ftn&t lyraf s6rter term, as may be mosttxedieni The question ta nhat is the effectof a grant for a nartlcalar nrrind 1 CAn r the duration beiattervvards lessened to the ptejudiceif a grantee'r' We think not ; because be acquires1 a OroDeftyy l-hat.it may be lessened in reference to neaDPointments cannot be contested : but that itbaniVirt relnect to eiistin ' . r- ... -I .. .- r gones, involves the popjMtions already discusedv that an C 4 office is not the subject of pyate.propiWdita(trivatfr i ., property may be Seised withoat iffdiciai4iifi.ftiff 'nl vn k 4 tbnnlated For. whatimoi-en the citizen sufier, than ?e object in creating the omre. 13ut Witli these lintita oenakenfimpris tions and the like, a public office is the ubject,of pro ,U;.Hs i- . .'.. . '' " JT?. i.'l -x -.1 - .1 Tlttv!-.a PVPftf thfi-f Inner rrkfLttoivo I t innnmmnnol rr rfiand nri vileees ; be outlawed, exited aid estranged ; Ind be depriyeij M m property his liberty and hia fiff without crime ? Yet all this lie may suffer, if an JictOf jassemWy ininly rdenotfhcmg?tisepenalties On mrticuilar persons ura , paruvuiaiv1 aa v iiiBum m tUlf a law of the land within the sense of the constitution; tor what is, in that sense, the law of the land, must be du- rceu uy the Lou rts. meut and divest f observed byail and npheldahd chforc In reference toieinfiictldnpumsh rig of theightsdf WHifperty it has been repeatedly held n tbVStatejanA it isj believed, in everyf otlie of the inibnthat thereare limitations'' upon the legislative the mon. rmUk not withstand ins: thoseSwordsi iandthat (ciaifce itself as profess in themselves directly to; punish persons pr to deprive the cizen of hisropcrty, without trial betore the ju- LiCiaL iriuunais anu a ucuisiuu uiwinwc iuiun uiu 1511WJ Sjueterminea oy. uie laws unuvr wuich it vicu, auuuru ng jto the course, mode and usages of th -common law is derived fiom our .fore-fathers, are not effectually laws of tlie land,? Cor those purposes, r Although in onife instances the principle may have been misapplied, etlt seems, inieverycase in which ihsrth corae into fiisiissibn, -.to be admitted to.be a souna otie and the true import of the constitution. It waa early lasserted inan !anoiiVm6us casein 1 lluv. Men. 2). itLwas acted on hn m JHm dem. Bayard t. ! Singleton, Jtfurtiifs !sr, 48,; i 1787 ; in whiclj it was held tlat the act for Icohlerrinfirttitles derived by purchase from the comnns- 310nerS4)t connscaieu property w ium uiitcii:u uiaisuus ibcpligbt bylHaimants ;bf such; projjerty should be dis- missed by the court on affidavit of the defendant, that he was a pu reh aser irom th c commissioner, j was to 1 n ; It was elaborately considered in the case of the University Jpoy, XMurvhi 58, 2 Hay 3lp; and declared again in Den on aenu 01 Hamilton v. mams, mirpn. 'lbi, Pfn Mlen v. Jteden 2 Car, Law. Rep. 638, at was distinct-. Ily decide that an act of the legislature emancipating a siave acainsi.iue win ui m iuwhw, a utumiy m violation of the fundamental law of the land and so void. And in Vot 'on dem of Robinson v. Barjield, 2 JIurph. 39t, that a deed of a married woman, not executed ac cording to the existing law? did not pass the title to Janus, notwithstanu ing an act 01 toe legisiaxure passeu after Iter death, enacted that it should be good and e feetuai for 4hat purpose. j T1 ' "It thusuppears, that in respect to every species of 'corporeal property, real and personal,1 the principle has fen asserted and applied.; ;lt .has been jadjudged, that the legislature Cannot seize the land or sllaves of the ci-V tizen.-lrom.' liinv and . Confer, them on anotllier, and in the ! ase of MUn v. Feden it was applied in a remarkable manner and to the extent, that tlie legislature could not c naci that the property . in a slave should cease and ex- jsynno personupon xue ground, 1 presume, xnai it was not a general provision for the extinction of slave ry, but the depriving of a single citizen bf his property wiuioui any inovive 01 puuiic uiuiiy, or n:iew 10 general Tlie sole inquiry that remains is, whether the office of khich the act deprives Mr. Henderson, s property. It is scarcely, possible to make jyie proposition clearer to a dam mind, accustomed, to regard things according to . -x 1 . itj.-i''ji i?xr xi i - x x . a racucai resuixs anu reaimes inan uy oaniy siaung it 'or what is property; that is? what do we understand by the term 7 It means, in reference to the thing, what ever a person can possess and enjoy byj right ; and, in reference to the person, heho has that r,ight to the ex clusion of others, is .said jte; have the property. That an oHice is me suujeci 01 property uins expiaineu, is Well understood by , every Jrftiey as elfc as distinctly. 6fated hilthe law- books fniheeai'liest times. AnfJ fipe is ennnieratenby'comraentatorsronth law among xncorporealheremomenis ; and 1 is defined to bethe I'igh t to exercise a public or private employment, and to take the fees and emoluments tfiereunto belonging, -a Bl. Vam. S6. A public office has been welf described to be tliis:; when one man is specially set; by law, and is com-4 peiievt to do another's business against his will and with-" vui ins it-inf, ami can uemanq xuereior sucn cempensa tiun.by way of salary q feci, as fry law is? assigned : the doing of whicli business.no other person but the officer or une deputed by him, illegally CQmpetent. ;ar!A. 4783 Indies Ga$. ; Tbal;the-purpose !of perty,-as every other thing corjioi-eal or incorporeal from wuicii men can earn a liveiuioooi ano maxe gain. 1 ne office is Created for public purposes ; hujt it is con-: ferred onya particular man and accepted by him as a source of individual emolument. To the extent of that emolument it is private property, as murh"as the land which he tills or tlie horse he rides or the debt which is owing to him7 Between Iiim and another man, none will deny the right of pronertj-.t For if one usurp an office which belongs to anofher,the owner may have an action for damages for the expulsion, for tKe fees of office re ceived, and a remedy by quo, warranto to enquire into tlie right of the usurper, and by mandamus to be himself re stored. When we find these remedies established to en force the right of admisionnto office, to secure the pos session of it apd its emoluments, we can no longer doubt that in law, an office is deemed the subject of property and valuable property to the officer, as well as an insti tution for tlie convenience of the people. If it be so,i it falls within those provisions of the constitution whijeh, secure private interests; and cannot be divested with out some default of the officer or the cesser of the office itself. ' ; ' ' ' These are the general principles that lead the court to the conclusion that the act of assembly is invalid. In opposition to them, several arguments have been urged, vvhich the court has anxiously considered ; but without a change of opinion. It was principally urged, that, whatever may be the rule of the common law, yet in this country and under oiiK republican institutions, public offices cannot be ad- . mitted to be private property ; but the offices must be regarded as'icreated'solcly for the public use and there fore as subject to abolition when requiml by the general interest, owhich the legislature is exclusively to judge This argument was illustrated by the additional obser vation, that, by tliCiContrary doctrine, a system requir ing officers for, its 'execution, ionce fixed, would be un cnangeaoiy permanent : tne absurdity ot which was strongly insisted on and proved by the various changes in our judiciary system ; whicli have all been acquiesced in, without a scruple of their constitutionality Tlie feourt does not nerceiveFthe least reason to doubt the validity of any one ofthosevs; nor to question any part ot the propositions stated oy tne counsel, cx ceptthat offices cannot be the subjects of private property. Undoubtedly, the creation of an office i a question of political expediency;: so isthe qualification ot the officer; and so are his duties, perquisites, punishment, and tlie a ' t 1 i ii . n T tenure oy wnicn niio nouis nis ouice. i?y cuuscqucuc, thev are the subiects of legislative reffitlation. And as the creation, so is the continuance jSf the office, a ques tion of sound discretion in the legislature ; of whUh a court cannot question the exercise. If the legislature increase his duties arid responsibilities, or diminishj his emoluments, he must submit except in those cases in which the constitution itself has declared the duty and fixed the compensation ; because, in the nature of things, those are i the suftjecfi of such regulations as the general welfare may from time to time dictate, and the office must therefore have been conferred and accepted, subject to such regulation. The legislature is charged with tlie duty of-securing the rights -of suitors, and of.11 persons who liave their businss doneonly by the clerks against loss, through the person thus appointe d by the law, as fc well as with the duty of securing a reasonable ccimpeii- . sauoii uj iuc wmuer lur-uisaiiiic anu iiiuiir. i "'- petent therefore to call for; large official bonds and to in crease or diminish the fcesi for all that concerns tlx in terest of the mmiinity at larger ' So also it is, yielded, for tlies like reasons,that the officelitself, w hen it ceases ,to be' required for the bcncit!ofc the people, may be' abolished, j There is nooBlitatioiTon tlie Legislature ors the people to keep iip a useless dffieebipay antocer who is riot needed.; He" takes the office witli tKefcicit . tunderstandirifiat the existence of thefficedepeids on the public nebessity for it; apd that the legislature is to judge of that. . tSp i But while these postulates are conceded, the conclu .sions drawn fi-om them, cannot be admitted. They are, that theiie fcannot be private pi-ipperty in public offices ; amU f ii inere oe, , jnau uie omcer niayiwc, uiscuargcu avuic uii- creuoiioi inc mesisiaiure. .xxeiuier in utrs&juumoi- do the comniunilVno othei&crVices than thos already n a course of- pirirmaucjy th former. It is true, that a. clerk, likftjalliotheiffiecrs, is a publiservant; but he has also i private Interest. Ileis notf merely a public. servant ahu politicaagcnt. If he were, and had ho interest hiti own, he might be discharge at pleas ure. - Thet6tirit:ion in principle, between afencies of M the two kinds, ia;abvious.lThe bne is for the-imblic use exclusively, and'is often neither lucrative nor fionorary, but is onerous, 'to be dn uved of such ah office i of ten a" relief, and never canfiie aijj injury. Th other is for th public service conjoitly yith a benefit to Hhe officer. To be deprived ta,this last' iie is a loss to the Officer. If u cne by the destruction o?tl)e othce, it is a los without x -s k . .! . v x--1 t. . np ' n -i-j an injury, uecaus ine ngRirjr.iirie omcer is necjeisaruy de pendent upon thd'existence 3f the office, as an establisb- x x 1 l - ' m . -n jft menvm tne ponycal econony oif tne country. cut 11 it, arises from the-transfer offihe emoluments, the! loss then becomes an Injury; because :tbat which belongs to one man, as a thing not simply of ifal but of real vahie, is taken irom nun ana gien to aaot: jer. lue di3Unction whicn 1 am endeavorinQlo express a)l explain, may be fully exempli fied by the difference betwt ? n the public agency exercised in appointing a clVrk and tt tit exerciked in dischjtrging the duties of a clerk; ; By the Bw the judges of th Superior Courts and the justices of ye Countys Courts were author iseTl to appoint thfc clerks (i their respective couts."-rhat power isan ojicthx the extended sense of the wbd, wnlclv originally signifies luty gerally; but it is not lucrative r or a valuable office. It wajra duty to be perforiped exclu sively for the public convenience and with reference tWt aiouc, wiinoui. any -uenenuummeuiaie or remoie, xo;ine without compeasitton. Tins propertyidoei not differ from tlntt in other subjects, as far as it is. allowed.Jat all. , Ja . lands there may be estates in fe,i oefetbf far years. The legislature may grant the puoUciiffmain iivahy of thbWT estates; but if it please them once to grant it, the graat-4 -irrevocable and the estate cannot beeumed, becomes vthe land of a citizen and cinnot bielltaken from him.ba law, without the action of his peersfs a fury to paVi ofi'thq ' facts, and of a court to determine thejt'itle. Igis further , said, that the .distinction betweenthese olfices ar&iveU" from the constitution nd a statute, is exhibited in the ?W-v . erto alter the coinpensatidiilTinit teilerlf most becoh-f sidered as holding office at the will of'ihe letatunBhtt ' the fees depend entirely on their pleasure ; whereas a jutlge -wjho holds his office independent' of that will i necessarily enxmea to nis salary, as stipulated! u, be paid to" him; '5 -foot bp expected to express and cannot 'properly express aa ': opinion. JBut taking it to be true, it does not establish die' - '4' point to wich it is adduced. If it be truef, it Arises as an- ; incident to the independent tenure of the iudicial ofiice fixf '4 1 , . f ed in the constitution. No sueh!?object wai Jn view in re- , spect of a' clerical office.x jlf that is intended isthat tl .' icgisioiui e oiiau anu w suuu ices as are auequaieio meiiye -i- : lihood of the clerkand as a compensation for hisilabor. It is supposed that a sense of justice will ever influenced ? the legislature to do this, and if not, that the public inter ? est will. For this argument assumes that -the office "instill necessary to the public convenience and continues;" by fawjt fc , to exist. Without a competent officer with 4 competentr,' livelihood, the office must be unfilled, except byC9mpajsr--i1" on, and if occupied, the dutieswilj" be unperformed, -No danger therefore could have been apprehended, thathe le- gislation on this subject would be unjust ttf the offieer -who, t in the line of his official duty, can never'be called 'to do aj " act winch will render him obnoxious to the government or judges and justices as indiluars 5 who were required, by ?j oath, not to make any pmvate. advantage from it, put to give their voice for the appointment of onl such persons as ap peared to. them to be sumnienMy qualihed, and&to do that witnout rewara or tne nopt pi it, pr any privfete motive whatever The courts wele in this respect. uotexercisins: a judicial functtHo, nor seeing'. for emolument, but were the mere ministers of the pv', and naked agentsjiof the bo dy politic, to effect an endjfp'urely public. Sucj political agents the leglsiture can discharge, whenever it appears to them-that tlend can IJe better effected through the'r agents. But vcjiien the- coHnfry has through tfidne agents appointed a person to thefjffice of clerk, thougbhe also is a servant of iiif public, he', is something raqre than a naked, uninterested, polpcal instrument. For the term for which the law assuresf he office to him, he claims and can claim to ctiptinue to te the agent of the public, to dis charge the duties of that iace, while there are lilu ties re maining to be dischargedand he is ready and willing' to perform them.tr Nor is tht!re any thing in our constitution, the form -."nature "of our, jver'nment, to change A he charac ter of th'w rigtifThere is oU reason why a public ojpc should not be giveu ob"ug goolehavlor. The services are what concern the coiitry 5 andjithey may be expectedrto be b.st ...done by thosewhose kn(fledge of them, 'fromtime and experience, inmost ext$ive apd exact. Sotne)ffices can u der the cbrtatitutioif granted or conferreti fr no other term buthat of god!beh;;vior., Such is the pnision res pecting the'office of a jud; e andjustice of the pesice. Cer- tainlvhatis not introduSd solely for the benefit of. the , persons holding those ofif es, but upon thgreat pablic con sideration, that; he who i-jto decide controVersieis between the powerful aiid the poor and especially between Uie gov- ; eminent and an individui, should be independe, in the f,.nrA n.f :liii office, of f. u control and iftduence which might impair his impartiiity whether sucj conHrolsbe es sayed through he Crownffof a bad man or tnrougjr the adu lation of ,an attful one, such influence be prHluced by the threats of the government to visit nonconformity to tlieir will,('by depriving him of office' or tendering it I no longer a means of ,lieHhood: For these rasons-(he Constitution hns fixed tenure of the judicial ffice to be during ood behavior, 5 he people have said, tfiat the lib erty am? safety of the ci 7-en require. that it should not be hetd-upon, any' other tenrjre. It 4 clear therefore, that our ancestors did Viot enterU&n ther notioo4hat suclj- a tenure was notcoosiitent with pur institutions generally. It is true, that it does not- p& elerks upon the. sanie basis. There was 'rift he same eason for i t. The public i n tef est dd not requie that anyaW?hoald be laid dow to the le gislature as t4 the teiiur;'; of these. offices j but t was left to their discretion, as exfe ldiency might from timeto time re-. which the business, citizens might be transacted andT . if such inconvenience shouldtt any time arise, it ouid bov f only temporary and would be redressed upon anoUier elec - tion of representatives. The analogy between, those offices. I in this respect, does not therefore exist; as supposed : "and ' it may well be that the legislature can regulate the cmoht-y , "J ments and prescribe the duties and Dunishmenta oP thV ' . .4 , without possessing the power-of depnviB hinoC" 'A , merely for the sake of benefiting another peroo V . I clerk office Nor do thoe nowm nor that m- shnlfshino- thvffii' aiat - 1 . ...... ll.vw .yr-" jp-X toirether; which are readily conceded to the.leslaturpJlnV m m vol ve the further one of.depriving the officer of his. office, ' - ' '-j while it continues. It has been rwed, that It is vain and V ?; S I futile for the court not to execute this -lawj ani to unholdC1' -i M id. to uphold HeMetson s title, because it to eiLer Mature be deter .j .i Ati- j. ... 'LjL : . Til' milieu in ,uieir jjui jjussc. incjr yesiitt wur5' unjust DJJj : . J ? destroying the office itself or taking 'away tne fees ' iff There are several answers tonhat irgument' TheJabiK "x' 9 quire it to be altered, p was tnereiore in tne pwer of tne legislature tdconier suc ,ums i iiio, uu, !6 6"uuc w;i.f':-iir dnrino- nleasu p. or for any term of yers, deter- , nix. iwi , ' I ;Hioiis is believcdi to be correct ,. The"' former j already coxdered'atj large ;,aa'd to what has minable with life at an gamier aay. or an aomiejterm of years it cotild not be antedj as upon! the dlativof the oflicer, it would in tha& case go to his exectt:jor, which would.be in ad missibl e, f Hp ce the office concerns he adinih istratioo of justice and jan incompetent ersoit miglt he introduced,fnto it. It (,weyer . pleased tjie legislature to makethe tenore duriniygood behaviour. pWhe they did sofit iyaS quite within lUeir competency to alter it subse kiSentiyir But such aittfations must operate, prpeaive'.y rand as regulations lor lmmc -:..0ninV'. A; t tlmseUowhona the grant wasvmAd fo Ufe, an estate, a properr vested jwhich canngttlbft divestvj lition of the office depends upon be necessity, for it-fbt the opinion of tlie legislature and of the people : if useful, doubU 1 less it will be preserved ; and if itb not, private interest must yield to general. convenience..'..: JBut ad Siting it lb be A necessary and that Mr. Henderson p.Qtitutionally enU- tied ta it during his gooti benayiorf ,it is not to be expected, I nor apprebendedit cannot be imputed t(tKV legislature: 1 thafitwili, for the indireeVpurposeof expdl4ghimjiary "" "J vation render the office, more operous, '-witlrcatUdeqQate ' I , compensatiottsior take away the compensatidrt altogether. while the duties remain as they are. If sck a", la wwe re tot 5 ; pass, it would itself Je unconatitationaltKat;being the object. If the purposls-weredeclared in the.law in, such. terms, that the court couldfsaj", tliat the act;Wf pa-cd1 W upon no other, the same duty would then be imposed 'on the court which we arew-'giliarging But if the Jaw should , -be couched in general terms, so that this court, . which can,; ' not enquire .into motive oof avowed.cjuld not see,' that J the act had its origin in any 'other consideration' but public, expedieiicylind thereforewouW be obliged tojeiecute Hav talaw ; still it would not, in reality, he the lessxunconstitu tional, although the court could apt pronounce titftCvAt'' s would be lavr, not oecause - it was consuiuuonai j Due oe-, cause the court could nofaee itsreal charabterand there, fore coul not see thatlt :waiHinconBtitudona1V-t'iirDalft not be constitutional as a: provision, which deputes a'citK' zen of his property ; but it would be held ..caaie.;w should be obliged to 'regard it as not Kaving such aproWsion. The argument is therefore uhsoand iu this j; That it suppo ses ( wnai cannot ue auimiiCTi cTCH a sujjpvamuuj iq U fl .it i legislature will designedly and wmuiiy violate tne constc - . ? m , in Utter isregaru 01 xneir uai.119 sniwuijr.v uoj ;tiy. in the aouseu exercise ei an acKoowieoeeo pnw.f eiven for, tot perverted toahatpurposef thatjvhtthi tuton indirec pr nut i is exoressly forbidden to be lone directly, is 'agiross'Jimi wicked infraction of the constitution ; andtbe more s because the means resorted to, deprive the injured 'pemrCr V are designed to deprive ;Wni of all redress, by jwerent- y ing the question becoming thelabject orjadicial cognizance. J gut that is not the only test of the constitutionality oPan . act of the legislature. mr are many jaws paipaDiyrun- 1 "1 A -if f t eonstitutibnal which never can oeuiesuojecis ui icgai cn-v -trbversies,: jfot to allude to the causeswhich have recent- , lvhPiw the. themes of the. bitterest. political controver- " 1 iv&atv. ca; vpmI Instances of -inuch simplicity may be ad duced from our own state tfTvernrneni. Theconstitirtjoit,., of this state provides,. that the Gornor Judges, AtwMej.' VGeneral, TreFasurer,nd riMf .Mil , G. rral Aemby oy oauy am. jna. . ri wift.HnHTi. their. cvnlioffxaCft mi, 1 . i nas u"cn''"it AKpriarcumoiits ursed ior wie piatDiu. jvBvgy"T' -Jt , i'. v , " . . . . , . -itt'i, beeosaid 4 r? v ; ' " -f pT WW V v ' . " " -H''- - V- ;1 y 1 1 if fa It
The Weekly Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
April 22, 1834, edition 1
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