Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1844-12-20

wished the memorial to be received and refer
red; he intended to vote against granting thu
prayer of the petitioner, but desired that The
| House would take definite action in the case
1--WE give the remarks in full of Mr.. Ellis
from Rowan, upon the subject before the
House, as we find them in the Raleigh Stand.
ard. We entirely coincide with Mr.. Ellis in
his views of the memorial. We think, cen
tanning the expressions that he quotes, Il can
not be viewed in any other light than an insult
to the whole State. The remarks of MIR. Ell
lis our readers will see are cid and manly
sfhey are decidedly the best we have seen on
the subject. This young member bids fair to
take high stand in our Legislative halls.
Ed. Journal
Mr.. Ellis, of Rowan, rose and said:
Mr.. Speaker: | had intended to give no ex.
preston to the feelings created in nv bosom
by the memorial of Mr.. Rives, thinking that
it had already produced its silent effects upon
the minds of members. leaving them prepared
10 vote upon its propriety and fitness. But
this determination has been abandoned. since
gentlemen seem disposed to thrust into the de-
bate the subject matter of the memorial itself.
with the merits of the case there set forth,
when, properly, consideration of it's form
only is before the House. And, although |
listened with an elevated degree of pleasure
to the legal discussion on yesterday, between
the gentleman from Wake (Mr. Shepard) and
the gentleman from Halifax (Mr. B. F. Moore, )
yet am unable to See that that discussion is
pertinent in the least to the issue before u.s.
What. sir, is the question before the House al
this time? Simply this: a memorial has
been offered to this body, and motion made
for its reference to one Of the Committees ofthe
House; and the only question that can arise un-
der this motion is, whether the petition is res
pectful or disrespectfnl in its language and
sentiment. For hold it to be obligatory upon
this body to give every petition offered here a
respectful hearing, it matters not how great
errors either in religion or philosophy it may
contain, provided it be respectful in its terms;
but if it be of contrary character, then it be-
comes OUR duty, as the conservators of the hon
or and dignity of North Carolina, to reject it.
We are brought, then, to the consideration
Of the petition Of Mr.. Rlves in this point OF
view; and here [ must beg leave to differ
most essentially from the gentleman from
However this memoir j may affect the sensi
bilites of other gentlemen, as to myself am
forced to regard it as a deliberate and wan
ton insult to the State of North Carolina.
This memorial holds language of a mos
disrespectful character towards high fupc
tiona1y of the government. Judge of the
Circuit Court The official acts of this func.
tionary are severely animadverted upon by the
memoriaist; he is charged with having de.
llvered an opinion touching the interests o
the petitioner contrary to law, without, to use
the language of the memorial itself, ''quotine
single statue or single paragraph Of Com
mon Law" to snstain his position thus leav.
ing the inference upon the mind, that the opin.
ion is the offspring of an arbitrary will or a
corrupt heart. lwouId invite the attention Of
gentlemen. particularly to those clauses of the
petition relating to the conduct of the Circuit
Judge alluded to. More will be there seen
from the phraseology and punctuation, thar
can accurately be expressed in language. 1t will
be seen that garbed extracts have been taker
from the legal opinion alluded to, italicised
and perverted, with an obvious intention O
bringing derision and ridicule upon both the
opinion and its author. In one instance it is
characterized as remarkable opinion" and
the memorialist s.fatly" denies that the case
of the Raleigh and CASTOR Rail Road Compa
ny, Us. Davis contains such doctrine as ths
Judge declared it did, in delivering his opin
Ion. He does not deny it by way of argn
ment nor does he call to his aid smooth sen
fences and rounded periods; but to use hi
own abrupt language, he 'J9aty dsnies'' it
thus forming an issue of fact, as it were, be-
tween himself and Judge Of the Circui
Court of n. Carolina.
In the last paragraph of this memorial re
lating to the Circuit Judge, he is charged will
an attempt to .'force upon the public mind
the belief that the case alluded tc-the Raj
eigh and CASTOR Rail Road Company, as
Davis-contans doctrine prohibiting the SAL
of Rail Road, and he (the memorialist) take
great credit to himself for having ''erposedM TIKI
attempt'' to the Legislature. The Judge re
ceives no credit for having decided this case
in which the petitioner was interested, upol
the same ground that he decides all others
because it regularly came on for trial befor
| him; but clear intimatlon is thrown out tina
there was deliberate intention, on the par
Of the Judge, to abuse and impose upon pub
lie opinion. by perverting legal authorities
What gresscr imputationco could be cast upol
the character of any man!
| If, Sir, these expressions, together wit
their manner, style and spirit, be not dsres
pectfu to the Judge of the Circuit Court, the
must confess that my sensibiities are fasti
dously delicate. And if they are disrespect
full TO him they are an indignity to the Stat
OF North Carolina whose officer he is. Blu
this memorialist is not content with castin
slurs upon the Circuit Court; he ascends t
the Supreme Court itself, and offers an indio
nifty to that elevated tribunal. the pride an
boast of the State. He leaves it at liberty t
decide only one way in case, under gray
dellberation. without coming in conflict wit
his dennnciations. If they decide in favou
of the defendant-who is the memoIialist him
self-;hen 1t will be in accordance with law
and thereby his ''confdence will be greati
increased" in that tribunal; but if on the con
trary, they decide for the plaintiff and sustal