Page:The Green Bag (1889–1914), Volume 04.pdf/492

 The Supreme Court of North Carolina. To this court belongs the distinction of being the first to assert the power and duty of the bench to declare an act of the legis lature void for unconstitutionality. This it did in the case of Bayard v. Singleton, at May Term, 1786, shortly before similar ac tion by the Supreme Court of Rhode Island. New York followed with a similar decision in 1791, South Carolina in 1792, and Mary land in 1802. This

was novel and strong action then. There were no precedents for it. In England, there being no written Constitution, any ac tion of the Parliament had always been con clusive on the courts, at least since arbi trary government by the Crown had ceased. In 1790 Halifax, Edenton, Newbern, and Wilmington were constituted the East ern Riding; and Morganton, Salisbury, Fayetteville, and Hillsboro the Western Rid ing. Two judges were to hold each term of court, the number be ing increased for that purpose to four by the election of Judge Spruce McKay. In 1799 James Glasgow, Secretary of State, and others having been charged with fraudulent issue of land warrants, the legislature passed an act for the court to meet twice a year in Raleigh for the trial of these causes, and incidentally to hear appeals in causes accu mulated in the district courts, the act to expire in 1802. This act, however, so far as hearing appeals was concerned, was in 1 801 extended for three years, and the court

459

was styled the " Court of Conference." In 1804 this was made a court of record, and the judges required to file written opinions. In 1805 the title was changed to the " Su preme Court," — surely a tardy recognition of the constitutional provision of 1776, — and the Sheriff of Wake was made marshal of the court. In 1806 the districts were increased to six ridings, two additional judges being elected, and a superior court was for the first time to be held twice a year at the court-house in each county, and by one judge. The judges were to ride each cir cuit in rotation, as is still the law, and as it has been continuously since 1806, with the exception of the years 1 868- 1876. The pro vision requiring this is now in the Consti tution. In 1810 the j udges hearing appeals in the "Court of Con ference" were required to write out their opin ions " at full length," and to elect a ChiefJustice. John Louis Taylor was the first and only judge who filled the post. By the same act a seal and motto were directed to be established for the court, and any party to an action in the Superior Court, civil or criminal, was given the right of appeal. Any two of the six judges sitting in conference at Raleigh as a supreme court constituted a quorum. In the year 1818 the Supreme Court, as contemplated by the Constitution of 1776, and substantially as it has ever since existed (barring an increase in the number of 1