its adoption, conclusively show that the existence of the power was conceded and that the framers of the Constitution intended to confer this power. Upon consideration of these facts, is it not passing strange that it is asserted that had it been supposed that such power for the judges was concealed in the Constitution, it would not have been ratified by a single State.* It is a favorite resort of those who attack the Federal Courts for exercising this power, seeing that this power was by necessary implication, if not in express terms, conferred upon the courts, to turn their attacks upon the framers of the Constitution, and assert that they met with closed doors to frame a constitution which was undemocratic-that they were actuated by selfish motives in the interest of property and in disregard of the rights of the people. Senator Lodge truly said in an address in Raleigh a few years ago that: "The enmity to the Constitution and the attacks upon it which have developed in the last few years present a situation of the utmost gravity. If allowed to continue without answer, they may mislead public opinion and produce the most baneful results."+ FRAMERS OF THE CONSTITUTION. Let us consider who were the framers of the Constitution and what purpose they had in mind. Is it true that they were men who were gathered together for the purpose of protecting property rights at the expense of personal liberty and that they were selfish schemers, or were they patriots and statesmen who had met to preserve the liberties gained by the Revolution and vouchsafed to the people of the States in the immortal Declaration of Independence? The grand jury at Newbern in its address to the Court a few months after the convention adjourned voiced the true sentiment of the people when it said: "Government by Judges. †The Constitution and its Makers, p. 37. "We believe it would be difficult to draw together in any country a body of abler men than the persons appointed on this important occasion. They were not only able men, but entitled to the highest confidence which can be bestowed by any people upon illustrious and successful leaders; and the same patriotism and character which formerly distinguished so many of them in the most trying scenes were visible in the anxious and deep attention they employed on this momentous occasion. A work coming from such men after such long deliberation is entitled to the utmost respect, especially as all the States assembled were unanimous."* Jefferson, writing from France, said the convention "consists of the ablest men in America." First and foremost was Washington who was unanimously chosen president of the convention. Next to him stood Benjamin Franklin, the great scientist, statesman and writer, 84 years of age. Madison was one of the delegates from Virginia and later President. Hamilton was present from New York, one of the greatest intellectual forces of the world. Connecticut was represented by Roger Sherman, wise and experienced leader in the Revolution and a signer of the Declaration of Independence. Wilson, the great lawyer from Pennsylvania, was there too, afterwards a Justice of the Supreme Court; and Ellsworth, who was later Chief Justice of the Supreme Court. North Carolina had among its delegates Alex. Martin, a former Governor, Davie and Spaight, both later elected Governor. In no spirit of hostility to democracy but with prophetic vision, the framers of the Federal Constitution evolved a system of government which was unique in "the annals of mankind," the most novel and at the same time the most important feature of which was an independent judiciary. *Address of Grand Jury, Nov. 12, 1787. "By calm meditation and friendly councils, they (the people of America) had prepared a constitution," said Bancroft, "which, in the union of freedom with strength and order, excelled every one known before; which secured itself against violence and revolution by providing a peaceful method for every needed reform." Can it not now be truly said after a century and a quarter of trial, as Judge Clark said in 1902 in referring to the government created under the Federal Constitution, "it has proved to be wonderfully perfect and admirably adapted to the needs of the American States.' In conclusion, let me quote the words of Chief Justice White: "How marvelously the existence of these United States as they stand today a mighty people, with a national government adequate to fulfill its purposes, with State governments sufficient to preserve local autonomy and with its millions of people all free and yet all restrained by those limitations which make men free, is due to the wisdom of the fathers in lodging the ultimate protection of the Constitution in judicial authority."t The President: We will have now the report of the Committee on Admission to Membership. Mr. R. H. Sykes of Durham, Secretary and Acting Chairman of Committee on Admission to Membership: To the North Carolina Bar Association: Your Committee on Admission to Membership beg leave to make the following report: Since the last meeting of the Association your Committee have elected to membership the following, namely: Messrs. H. H. Philips, Tarboro, N. C.; E. A. Daniel, Jr., Washington, N. C.; James M. Norfleet, Tarboro, N. C.; Jno. H. Boushall, Raleigh, N. C.; A. A. Bunn, Henderson, N. C.; Jno. H. Kerr, Warrenton, N. C. *State Records of N. C., vol. XX, Prefatory Notes v. Your Committee has acted favorably upon the following applications and recommend their election at this meeting, namely: Messrs. Tasker Polk, Warrenton, N. C.; J. J. McLaughlin, Johnson City, Tenn.-N. C.; Julius C. Smith, High Point, N. C.; Wade H. Phillips, Lexington, N. C.; John C. Bower, Lexington, N. C.; D. J. Lewis, Whiteville, N. C.; R. E. Hamlett, Mt. Gilead, N. C.; Babrar S. Hurley, Carter Dalton, High Point, N. C.; Dred Peacock, High Point, N. C.; W. N. Jones, Raleigh, N. C.; J. M. Broughton, Jr., Raleigh, N. C.; Wm. B. Jones, Raleigh, N. C.; Joseph B. Cheshire, Jr., Raleigh, N. C.; C. G. Keeble, Raleigh, N. C.; Murray Allen, Raleigh, N. C.; Willis Smith, Raleigh, N. C.; Clyde A. Douglas, Raleigh, N. C.; Percey J. Olive, Apex, N. C.; C. L. Williams, Sanford, N. C.; Jno. W. Hinsdale, Jr., Raleigh, N. C.; David H. Blair, Winston-Salem, N. C.; Fred. M. Parrish, Winston-Salem, N. C.; C. A. Vogler, Winston-Salem, N. C.; W. S. Wilson, Raleigh, N. C.; L. V. Bassett, Rocky Mount, N. C.; E. D. Broadhurst, Greensboro, N. C; J. R. Baggett, Lillington, N. C.; M. T. Spears, Lillington, N. C.; Clarence J. Smith, Dunn, N. C.; R. L. Godwin, Dunn, N. C.; W. J. Brogden, Durham, N. C.; H. G. Hedrick, Durham, N. C.; W. S. Lockhart, Durham, N. C.; D. H. Gladstone, Durham, N. C.; T. Lanier, Oxford, N. C.; Jno. H. Vernon, Burlington, N. C.; N. A. Townsend, Dunn, N. C.; W. J. Pratt, Monroe, N. C.; J. C. M. Vann, Monroe, N. C.; Wilson Warlick, Newton, N. C.; R. B. Loughran, Asheville, N. C.; H. A. Gudger, Asheville, N. C.; P. C. Smith, Asheville, N. C.; W. F. Taylor, Goldsboro, N. C.; E. C. Ward, Asheville, N. C.; O. K. Bennett, Asheville, N. C. In the matter of the application of Mr. J. H. Martin for reinstatement, the Committee recommends that he be reinstated upon compliance with the rules of the Association as to delinquents. Respectfully submitted, R. H. SYKES, The President: The report of the Committee on Admission to Membership will be filed with the Secretary. We will now have the report of the Executive Committee. Mr. Harry Skinner: The Chairman of the Committee has requested that I act in his stead, and at a meeting of the Committee held this evening at the Battery Park Hotel, I was requested to make the following report: REPORT OF THE EXECUTIVE COMMITTEE OF NORTH CAROLINA BAR ASSOCIATION. BATTERY PARK HOTEL. ASHEVILLE, N. C., AUGUST 2, 1915. To the North Carolina Bar Association: Your Executive Committee, composed of A. W. Cook, E. M. Land, D. L. Ward, Clement Manly, A. B. Andrews, Jr., Harry Skinner, Thomas W. Davis and J. Crawford Biggs, ex-officio, report that it met pursuant to due notice from the Secretary, on the 18th day of January, 1915, at the Yarborough House, Raleigh, N. C. It first proceeded to elect Hon. D. L. Ward, Chairman, and T. W. Davis, Secretary. The Committee then selected Battery Park Hotel in Asheville as a place, and August 2nd, 3rd and 4th was fixed as the time, for holding this meeting. The Committee deems itself fortunate in having secured Senator James Hamilton Lewis, of Illinois; Hon. W. R. Vance, of Minneapolis, and Hon. W. P. Bynum, of Greensboro, as the speakers for this meeting. The Committee also selected Mr. Thos. J. Harkins, of the Asheville Bar, to deliver the address of welcome, and selected F. C. Harding, of the Greenville Bar, to respond thereto. Hon. W. P. Bynum, of the Greensboro Bar, will address the Association at its morning session, Tuesday, August 3rd. |